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Agenda 04/10/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 10, 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 t3 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 April 10, 2001 INVOCATION - Reverend George Lockhart, First Baptist Church of Golden Gate PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES A. March 9 BCC Strategic Planning Workshop B. March 13 Regular BCC Meeting C. March 16 BCC Growth Management Workshop PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming April 27th and 28th as "Relay For Life Weekend", to be accepted by Mr. Steve Wheeler, Executive Director, American Cancer Society. 2) Proclamation proclaiming "The Conservancy of Southwest Florida as Earth Day Headquarters in Collier County", to be accepted by Mr. Joe Cox, Manager of the Naples Nature Center of The Conservancy of Southwest Florida. 3) Proclamation proclaiming April l0th as "WORLD TENNIS CLUB, INC. APPRECIATION DAY", to be accepted by Ms. Valerie Stolts, General Manager of the World Tennis Club. B. SERVICE AWARDS Five Year Attendee: 1) Robert Tweedie, Airport Authority Ten Year Attendee: 2) Thomas Palmer, County Attorneys Office Fifteen Year Attendees: 3) Peter Bolton, EMS 4) Walter Kopka II, EMS 2 April 10, 2001 Twenty Year Attendees: 5) William Peplinski, EMS 6) 7) 8) 9) Deborah Lichliter, EMS Ricardo Garcia, EMS Jeffrey Page, EMS Joseph Paul, EMS C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. Public Petition request by Dyrel Delaney to have the BCC consider the matter of home storm shelters. B. Request for Public Petition by Kenneth B. Cuyler, representing Immokalee Friendship House, for County contribution to cover fees. 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Accept the final Community Character Plan for Collier County, approve a Resolution endorsing the Plan's objectives, and direct staff to prepare recommendations on prioritizing the Plan's objectives and develop implementation strategies. 2) Approve commercial excavation Permit No. 59.778, "McDaniel Lake Commercial Excavation" located in Sections 20, 21, 28, 29, Township 48 South, Range 28 East, bounded on the north by vacant lot, on the south by Randall Boulevard, right-of-way, on the west by occupied lot, and on the east by vacant lot. B. TRANSPORTATION SERVICES PUBLIC UTILITIES 1) Discuss the Florida Department of Environmental Protection Consent Order and authorize BCC Chairman to sign the FDEP Consent Order. 3 April 10, 2001 PUBLIC SERVICES 1) Approve an amendment to the Collier County Parks and Recreation Facilities License and Fee Policy related to the use of County boat launch facilities. 2) Approval of an updated Land Management Plan for Barefoot Beach Park Preserve. (DUE TO THE VOLUNE OF THE CONTENTS~ THE LAND MANAGEMENT PLAN WAS NOT INCLUDED IN THIS PRINTING AND MAY BE VIEWED IN THE BOARD OF COUNTY COMMISSIONERS OFFICE.) E. SUPPORT SERVICES F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Report regarding Referendum. a % percent Local Option Infrastructure Sales Tax H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Radio Road Beautification Advisory Committee. B. Appointment of member to the Black Affairs Advisory Board. C. Consideration of resolution supporting Citizens Right to Honest Government Act. (Commissioner Coletta) D. Discussion regarding exemption of not-for-profit medical facilities under impact fee ordinance. (Commissioner Mac'Kie and Commissioner Fiala) 4 April 10, 2001 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 1) THIS ITEM IS BEING CONTINUED TO THE APRIL 24, 2001 MEETING. Approve an ordinance amending the Code of Laws and Ordinances ol Collier County, Florida, amending Article VI, which regulates and controls litter, weeds and exotics within the unincorporated area of Collier County as promulgated by Ordinance No. 99-51. 13. BOARD OF ZONING APPEALS 14. 15. A. ADVERTISED PUBLIC HEARINGS B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of the Mortgage and Promissory Note for a three hundred thousand ($300,000) dollar loan to Habitat for Humanity of Collier County, Inc. April 10, 2001 2) Authorize the Collier County current and future derelict vessel removal grants. Natural Resources Director to apply for 3) Satisfaction of Code Enforcement Board LienlSaldana, Maria. Dagoberto and 4) Satisfaction of Code Enforcement Board LienlZdravkovic, Trustee Grace and William. 5) Code Enforcement Lien Resolution approvals. 6) Approve the release of purported lien for public nuisance Resolution 2000- 386. 7) Accept a $300,000 Urban Infill and Redevelopment Grant from the Florida Department of Community Affairs. 8) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Autumn Woods Unit Two". 9) Final acceptance of water utility facilities for Diamond Lakes, Units Two and Three. 10) Award of Bid #01-3209 for artificial reef construction. 11) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of ',Glen Eagle Golf and Country Club, Phase Three". 12) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Villa La Palina at Bay Colony". 13) Request to grand final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Northbrooke Plaza". B. TRANSPORTATION SERVICES Approve Bid No. 01-3202, purchase and delivery of organic and inorganic mulch. 2) Adopt a resolution authorizing the acquisition of land by gift or purchase of fee simple title interests and/or perpetual, non-exclusive road right-of- way, sidewalk, slope, utility, drainage and maintenance interests and/or temporary interests by easement for the construction of the six-laning improvements for Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road Project, CIE No. 65, Project No. 60134. 6 April 10, 2001 3) Approve a construction agreement between Collier County and the Florida Department of Transportation (FDOT) for modifications to the signal and street lighting system on US 41 East (SR 90). 4) Accept a road right-of-way easement from Julio F. and Dina J. Ordonez, required for the construction of a turn lane at 5th Street SW for the Golden Gate Boulevard project, CIE Project No. 62 (ultimate four-lane roadway). 5) Award RFP #00-3152 for an environmental consultant for Clam Bay restoration to Turrell and Associates, Inc., and that the Chairman be authorized to execute the contract documents upon Attorney review. C. PUBLIC UTILITIES 1) Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. 2) Approve purchase of services from the Florida Geological Survey for services to obtain continuous geologic cores to supplement exploratory drilling related to reclaimed water aquifer storage and recovery, Project 74030. 3) Approve selection and award contract with'Youngquist Brothers, Inc., for deep injection well construction, RFP 01-3193, Project 70054. 4) Adopt a resolution approving the satisfaction of liens for solid waste residential accounts wherein the County has received payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. 5) Adopt a resolution approving the satisfaction of liens for solid waste residential accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. 6) Adopt a resolution approving the satisfaction of liens for solid waste residential accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. 7) Adopt a resolution approving the satisfaction of liens for solid waste residential accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. 8) Adopt a resolution approving the satisfaction of liens for solid waste residential accounts wherein the County has received payment and said 7 April I 0, 2001 liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. 9) Award negotiated annual contracts for professional utility engineering services, RFP 00-3119. 10) Request a budget amendment of $675,000 to pay JC Drainfield invoices for hauling wastewater from the North County Water Reclamation Facility. 11) Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees. 12)Approval and execution for satisfaction of claim of liens for water and/or sewer system impact fees. 13)Amend professional services agreement with Focus Engineering, Inc., for engineering services related to Pelican Bay fire and irrigation water system improvements, RFP-00-3051, Project 74023. D. PUBLIC SERVICES 1) Authorize the Parks and Recreation Department to operate Park Ranger Camps this Summer, 2001. 2) Award of Bid #01-3196 for Arts and Craft Supplies. E. SUPPORT SERVICES 1) Approve a budget amendment to recognize revenues and expenses related to the sale of personal computers to employees and to authorize the transfer of items associated with the County surplus auction back into the County's inventory. 2) Approval of a resolution ratifying specific expenditures for employee recognition meetings as serving a valid public purpose. 3) Recommendation to Award Bid No. 01-3201, pump and motor repair for County-wide maintenance of equipment. 4) Approve budget amendments to transfer funds to cover cost of purchasing two digital tape decks to broadcast Channel 54 programming. 8 April 10, 2001 F. EMERGENCY SERVICES 1) Approve a standard County contract with Harvard Jolly Cless Toppe Architects with Scharf & Associates for design services for the new Collier County Emergency Services complex. G. COUNTY MANAGER 1) This item has been deleted. 2) Approval of Budget Amendment Report - Budget Amendment #01-238; #01-242. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners serve as the local coordinating unit of government in the Florida Department of Law Enforcement's Anti-Drug Abuse Act Formula grant program. 2) Approve an increase of eight sworn law enforcement officers in the 200012001 Sheriff's office budget for the United States Department of Justice three year COPS in Schools grant program 3) Presentation of the State of Florida Annual Local Government Financial Report for the Fiscal Year 1999-2000. L. COUNTY ATTORNEY 1) Approve the settlement in Bonita Grande Sand v. Collier County, Case No. 99-2081-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would pay $10,000 and convey to Bonita Grande Sand Company, Title to the sand currently being stored at Bonita Grande Sand and all claims against the County would be dismissed with prejudice. Said settlement was arrived at during settlement negotiations. 9 April 10, 200 ! 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. Adoption of an ordinance to increase the tapping fee for potable water meters with service line installations and to add a tapping fee for potable water meters without service line installations. B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petitio,~ VAC 00-023 to disclaim, renounce and vacate any and all of the County's and the public's interest in the 12' wide Bay Colony Shores drainage easement and the 10' wide utility easement along the lot line common to sites 10 and 11 and the 12' wide Bay Colony Shores drainage easement on Tract "A" contiguous to sites 10 and 11, as depicted on the plat of "Pelican Bay Unit Ten" as recorded in Plat Book 15,, Pages 64 through 67, Public Records of Collier County, Florida, located in Section 33, Township 49 South, Range 25 East. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petitio,, VAC 01-001 to disclaim, renounce and vacate the County's and the public's interest in the 10'wide utility and drainage easement located along the lot line common to lots 23 and 24, Tract 5, according to the plat of "Olde Cypress, Unit Three" as recorded in Plat Book 32, Pages 84 through 86, Public Records of Collier County, Florida, and to accept a relocated 10' wide utility and drainage easement on said lots 23 and 24, located in Section 21, Township 48 South, Range 26 East. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. CU-2000- 21, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing Dr. Loren L. Hoffman of Rising Stars Preschool, Inc., requesting conditional use "4" of the "C-5" Zoning District for child day care services per Section 2.2.15 1/2.3 for property located on the west side of Naples Boulevard, approximately 1000 feet north of Pine Ridge Road in Section 11, Township 49 S., Range 25 E., Collier County, Florida. Adoption of an ordinance repealing, in its entirety, Collier County Ordinance No. 2000-82, the Pelican Bay Services District Ordinance, and providing that Collier County Ordinance No. 90-111, as amended, creating and providing for the Pelican Bay Municipal Service Taxing and Benefit Unit and its advisory committee, continue in full force and effect; providing for inclusion in code of laws and ordinances; providing for conflict and severability; and providing for an effective date. 10 April 10, 2001 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 April 10, 2001 AGENDA CHANGER BOARD OF COUNTY COMMISSIONERS' MEETINC, April 10, 2001 ADD: ITEM #9(A): Settlement offer of $10,000 in the case of Maxie D. Holmes v. Collier County, Case No. 2:00-CV-262-FTM-2929DNF. (County Attorney) CONTINUE: ITEM #10(D) INDEFINITELY: Discussion regarding exemption of not-for-profit medical facilities under impact fee ordinance. ADD: ITEM #10(E): Reconsideration of agenda item 9(B) of the BCC March 27~ 2001 Public Meetinq. 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. (Commissioner Carter) MOVE: ITEM 16(A)2 to ITEM 8(A)3: Authorize the Collier County Natural Resources Director to apply for current and future derelict vessel removal grants. (Commissioner Coletta) MOVE: ITEM 16(A)10 to ITEM 8(A)4: Award Of Bid #01-3209 for artificial reef construction. (Commissioner Coletta) DELETE: ITEM 16(E)3: Recommendation to award Bid No. 01-3201 pump and motor repair for County-wide maintenance of equipment. (Staff) ADD: ITEM 16(F)2: Direct and authorize the County Manager to create a separate pay grade and classification group for EMS field personnel. (Staff) MOVE: ITEM 16(L) TO 9(B): Approve the settlement in Bonita Grande Sand v. Collier County, Case No. 99-2081-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would pay $10,000 and convey to Bonita Grande Sand Company, Title to the sand currently being stored at Bonita Grande Sand and all claims against the County would be dismissed with prejudice. Said settlement was arrived at during settlement negotiations. · ' pROC£AMA TXON WHEREAS, WHEREA~, WHEnEA~, NOW For id're in Collier County ~ a mon~y-noi$in~ team effo~ fo help i~.even¢ caecen an~ fo ~ tho~ battlin~ cencee with this life- doll~ fn~ I~loy For Id're Iro~id~ I~tftafo with pnxjr=~s in our community i~ addiffon fo fundit~ concur re~orch; end, tt~ I~lay For IJfe opes ~ c~te sur~vor= ~lk or run th~ fire lap, ~ic~ is on eoffot~l llbe ~ sets ~ #~ for tl~ imporfan=e of lumimri~ =r~ left ld'fe For She #ight to mind participants as ATTEST: gA,HE5 D. CARTER, Ph. D., CHAZRII~AN DH/~HI' E BRO~K, CLERff AGENDA ITEM No. _5'/¢ / .... APR 1 O 2001 pg. I _ PROCLAR~A TXON WH~'~b~$. o~ 5=t~r~ay, 41~il 2l, ~umen~s ~O~l~o£it ~izafio~, a~o busi~sses and ~o~ent entities will come together to celebrate environmental s~ewar~ship and to l~omote a dean~r, Collier County and a wealth of biodiwrsity; HIH~REA$, this dayIon9 cdebr~tion m£1ects a year-round commitment to protect~3 our no toro/ resources for today and tomorrow,' and, IqtlE'REAS, Eot'th tirol acti~ti~s will showcase edu~atio~l ~xhiWt~, environmental in£natio~, enter'l~inment and fun: and. WHEREAS, l~tidl~fi~ orvdaWzatioas and i~iWd~l~ a~ t~ ~ commended for ~o~le in ~uit of is ~n~mgnta/ co~e~atioa eHo~; ~, WHEREAS, the has as the host for 37' years Florida NOW of Florida AND ATTEST: ,TAA4E.5 D. CARTER, Ph. b., CHA!R44AN AGENDA ITEM No. ~'/~ 9-- .... APR 1 0 2001 83:87 7743682 BCC PAGE ~W pipe ~c~ss ~Vm~ld T~n~l% Club, ~c. b~'dg~: of APR 10 2001, '] Pg. ,/ COLLIER COUNTY MANAGER'S OFFICE March 22, 2001 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 r~ Mr. Dyrel Delaney 427 Heron Avenue Naples, FL 34108 Re: Request for Public Petition to have the BCC Consider the Matter of Home Storm Shelters. Dear Mr. Delaney: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 10, 2001, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager -v TWO:jeb cc: County Attorney John Dunnuck, Interim Administrator C.D.&E.S. APR 1 O 2001 Pe. Mar. 28 28~1 ~S: 14P~'' ~ Dyrel Delaney 427 Heron Ave. Naples, FL 34108 March 20, 2001 Thomas W. Olliff County Manager 3301 East Iamiami Trail Naples, FL 34112 Re: Public Petition addressing the mat',er o£ Home Storm Shelters. Dear Mr. Olliff, This will augment my telephone call to Judy Bodine on this date. I wish to be put on the Collier County Board of Commissioners regular meeting agenda. My reason: is public petition. I will be asking the Commissioners to address the issue of Home Igtorm Shelters to the end of revising the Code to allow the construction of attach shekers. Sincerely .... Dyrel Detaney APR 10 2001 COLLIER COUNTY MANAGER'S OFFICE Apdl4,2001 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Kenneth B. Cuyler Goodlette Coleman & Johnson, P.A. Northern Trust Bank Building 4001 Tamiami Trail North Naples, FL 34103 Re: Request for Public Petition by Kenneth B. Cuyler, representing Immokalee Friendship House, for County contribution to cover fees. Dear Mr. Cuyler Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 10, 2001, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Assistant County Manager MAM/jeb cc: County Attorney John Dunnuck, Interim Administrator C.D.&E.S. Sent by: Goodlette,Coleman,&John$on,PA 941 435 I218; ]. Dudley Goodlette' ~enncth R. Johnson Richard D. K.¢m~eth B. C. uyler Harold J, Webtc, II1 GOODLETTE COLEMAN & JOHNS()5, T'.A. ATTORNEYS AT Northcrn Trus~ Bank Bu,ldmg ,~001 Tzm~am~ Trail North Naples, F1341f13 (941) 435-3535 (941) 435- 121g Facsimile 5cntt M Ke~chum F. ric M P~ctcr G ",'an kcu'~icr.t; gci!ax`, c:,?~ * J?,oard Ucrttried Il.cai }:state ALL,..q'L~Cy April 4, 2001 via Facsimile Michael A. McNees, Assistant County Manager Coltier County Government Center 3301 East Tamiami Trail Naples. Florida 3~ 112 RE: lmmokalee Friendship House Agenda Item Dear Mike: I serve as a volunteer member of the Board of Directors of the Im,mok~;~e --'r~e~CSmp House As you know, the Friendship House has purchased the property adjacent to ;he e¢~t~r~g Homeless S~eiter located on Main Street in Immokalee. The structure on the newly purchased prope~>' w~s the sub}ecl of various ~de violations and the Board and managemem of the Fr~ec, dsh~p HOuse committed to resolving and curing all such violations. R~cently, plans were finalized and a volunteer contractor submitted a bud¢~9 permit app;icauo~ for signifi~nt modifications to the subject build~ng so that construction could. S,e c~mp ~'ed a~d the prooe dy used as a second-hand store for the benefit of the Friendship House. :he .,,z',unteer con'.:aclor was advised by the staff that impact fees wilI be approximately $8000. Friendship House sannct afford the payment of these impact fees and cannot afford to hire a consultant to produce a:* Alternative Impact Fee Study. By the building modificabon the Friendship House ~ntencs ~c hcDcfUil':' benefil their non- - , .,~n~ ¢ i',~ arid er, bane.rig profit homeless shelter operation, and to also benefit the pubtic in gene a by, ......,' ..~ ..... ~ of t ~ buCdinc a building in signifi~nt disrepair directly on Mare Street. The svr:c.s ............. n. evidenced by the fact that Code Compliance would have proceeded ags ;;-,st :he :-~rev~ous cwner, and proceed against the Friendship House, if the Friendship House can.~o: ,ee: :~ '::oremitment to tT:r~ the building up to code. .... r C~unt5, Commission The purpose of this letter is to request that an agenda item be place,~ ..e,v ~ the ~ , seeking a contribution by the County to cover the cost of these impact fees I w.: be a,,a:Jabie to address ~ o.. ,~e 8~d we '~ew m~ch the County Commission on this matter when it is scheduled. Time ~s of the ~s~ . appreciate your attention to this matter. Sm~rely, Kenneth B. Cuyler KBC:smc cc: Ed Laudise, Friendship House Executive Director EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ACCEPT THE FINAL COMMUNITY CHARACTER PLAN FOR COLLIER COUNTY, APPROVE A RESOLUTION ENDORSING THE PLAN'S OBJECTIVES, AND DIRECT STAFF TO PREPARE RECOMMENDATIONS ON PRIORITIZING THE PLAN'S OBJECTIVES AND DEVELOP IMPLEMENTATION STRATEGIES. OBJECTIVE: The intent of the Collier County Community Character Plan is to provide a "blueprint" for building a vital community that improves as it grows. The primary objectives of the plan titled "Setting the Course" are provided for the Boards approval by resolution. CONSIDERATIONS: On April 13, 1999 the Board of County Commissioners created the ad hoc Select Committee on Community Character and Design. The Select Committee was charged with overseeing the development of the Community Character Plan. In February 2000, the Board of County Commissioners authorized the selection of a planning consulting team led by Dover, Kohl and Partners to develop the plan. The County's goals for the project included a community-based visioning process with wide public awareness and involvement, urban and rural design standards, mobility in terms of function and aesthetics, and greenspace planning from the neighborhood level to natural resource protection. The intent was to develop a plan that would guide the county on how it can maintain and enhance a vital, quality community as it meets the challenges of rapid growth. Special Features: The following are special features of the plan designed to meet the County's goals. · Public Participation: The Community Character Plan was developed over the course of a year using a variety of innovative methods. Public participation techniques included hands-on workshops, focus groups, a community image survey and a website. In addition, over thirty public presentations were given to civic and business associations throughout the county by select committee members, staff and the consultants. · Community Design: A Community Design Manual is the first of the three design-oriented chapters in the plan. This manual looks closely at neighborhoods, streets, centers, and the subdivided periphery (Golden Gate Estates) in Collier County. Case studies are used to document preferred methods of developing and redeveloping in a wide variety of situations. Each case study is graphically documented and followed by specific implementation steps. AGEN~ NO.,~ APR 1 0 2001 · Mobility: The Mobility Manual addresses the transportation system in Collier County, particularly addressing the road network both functionally and in terms of its character. Suggestions are provided for each level of the transportation network, ranging from pedestrian connectedness to cross- county arterials. The Mobility Manual provides strategies for creating efficient and beautiful streets in Collier County, along with implementation steps for achieving them. · Greenspaee: The Greenspace Manual addresses the county's green spaces, which range in size from neighborhood parks to large national preserves. The consensus driven greenspace model looks at creating a continuum of parks, natural lands, and linkages that add character. The recommended approaches are supplemented by detailed strategies for improving county parks and preserving natural habitats. · Implementation: The implementation section of the Community Character Plan describes specific strategic steps that will be required to integrate the Character Plan concepts into regulations that will lead to the built results. It includes specific growth management, land development code and budget amendment recommendations to achieve the goals outlined in the Community Design, Mobility and Greenspace Manuals. These specific implementation measures will be evaluated by staff and be brought to the Board of County Commissioners at a workshop scheduled in June 2001. Setting the Course: The Community Character Plan contains general objectives within the Community Design, Mobility and Greenspace Manuals called "Setting the Course". The approval of these objectives will be the first step toward implementation of the plan. The specific "Setting the Course" objectives are provided below: 1. COMMUNITY DESIGN MANUAL GREAT NEIGHBORHOODS · Revitalizing maturing neighborhoods - Some of Collier County's neighborhoods aren't aging as gracefully as they should be and need to be re-energized. These neighborhoods should have officially sanctioned "community plans" generated through direct involvement of local residents. These plans should promote each neighborhood's intrinsic strengths and identify their deficiencies, and then be used to guide public and private improvements. · Transforming plans for conventional subdivisions - Collier County's large pods of isolated development are a deterrent to mobility and a primary cause of traffic congestion. Making changes to newly built neighborhoods is extremely difficult. However, some isolated neighborhoods have been approved but not yet built; their site plm~s should be modified to increase the connectivity with exis !ng and NO. ~ APR 1 0 2001 proposed roadways before Collier County extends the prior approvals. · Growing new neighborhoods- The culture of community~making demonstrated by Collier County's pioneers should be reestablished. New neighborhoods should be based on a sound pattern of streets and lots. A wider variety of housing choices should be made available by reintroducing traditional neighborhood concepts as an alternative to balance the many gated subdivisions that have been built over the past 20 years. · Regarding single gate communities - Most recent developments provide only one way in and out, and install a security gate at that point. Newly approved developments should instead have open street connections along spine roads about every quarter mile. Multiple gates can be used to secure individual blocks or portions of neighborhoods, provided these gates do not block access to adjoining neighborhoods. · Regarding stormwater management- Technical regulations can inadvertently block ideal development practices. Collier County should encourage stormwater management techniques that return rainwater directly to the ground whenever those techniques can reduce runoff that would otherwise be routed to drainage canals. WORLD CLASS STREETS · Strategies for designing great streets - Great streets are the backbone of a well-designed community. Streets are critical conduits for vehicles but they are also important public spaces that should be designed as a unified whole, with sidewalks and street trees never being mere afterthoughts. Streets should be of such quality that they are genuine amenities to the neighborhoods they serve. · Rethinking the corridors - Collier County's major roads can be functional yet beautiful corridors that residents are proud of and visitors admire. Even failing commercial strips can be transformed into grand boulevards - converting visually blighted areas to premier mixed-use public places. Partnerships with adjoining landowners are a key to such transformations. MEMORABLE CENTERS · Commercial architectural standards - Collier County's architectural standards have improved the look of big-box retail stores, but have not been effective enough in arranging buildings on commercial sites. These standards should be upgraded to improve interconnectivity, and also should require the largest commercial buildings to be laid out on a resilient pattern of streets and blocks because that pattern will long outlast the first generation of buildings and land uses that are placed on these sites. · Activating the activity centers - For ten years Collier County channeled commercial development into major activity centers. Despite the original mixed-use concept, most activity centers are dominated by huge parking lots for retail stores and restaurants. New activity centers should only be approved with complementary mixes of uses. As existing activity centers mature and vacant land becomes scarce, their inefficient parking lots should be converted to parking garages surrounded by mixed-use buildings EVOLVING SUBDIVIDED PERIPHERY · Golden Gate - The Golden Gate Area Master Plan needs to be updated in response to rapid growth. Special rural design techniques should be worked out, in consultation with residents and property owners, to meet the demands of growth while maintaining valuable natural resources and rural character. Some initial ideas are presented for consideration by residents updating the master plan for Golden Gate Estates. 2. MOBILITY MANUAL Connecting neighborhoods - New neighborhoods should be connected to their surroundings rather than being isolated. Where possible, existing neighborhoods can also be connected, using traffic-calming techniques to prevent excessive or speeding traffic. Adjoining commercial parcels should have an integrated system of connections before new buildings are constructed. Enhancing Colliers major road network - Collier County should create a balanced road network by improving its network of principal arterial roads while simultaneously creating a secondary network of smaller roads that link neighborhoods. The potential for this secondary network should be iljustrated on a new thoroughfare plan map. Road impact fees should be increased to pay for this secondary road network. Designing great streets - Great streets come in all sizes and types. Even the widest roads--major arterials--can be configured as parkways, or as boulevards, or as conventional highways with occasional urban segments that have on-street parking and buildings close to the road. Collier County should adopt a "palette" of street types that can be used (or improved upon) during the road design process. Balancing character with congestion - Community character should be at the forefront of all planning decisions. For example, concurrency, the system used to determine road capacity, can inadvertently aggravate urban sprawl, or force auto-dominated solutions to broader planning problems. By developing "transportation concurrency management areas," Collier County can ensure that concurrency contributes to the character-enhancing planning solutions identified by elected officials. APR 1 0 2001 Planning entire road corridors - Road design and land development approvals usually are distinct processes. A closer link between adjoining land uses and the character of the road would benefit both, with the improved road able to support a development pattern that maximizes community investment and character. Collier County should expand its involvement in such "corridor management plans." 3. GREENSPACE MANUAL Neighborhood parks - Small parks make ideal centers for neighborhoods. Collier County should require neighborhood parks in new neighborhoods and should increase its existing program that creates small parks in existing neighborhoods. Community parks - Collier County needs four more community parks to serve its residents. Sites for three of these parks have not yet been selected. These sites should be selected and purchased in the very near future, and all four parks should be constructed as quickly as recreation impact fees become available. Linkages - Collier County has a pathway plan to build sidewalks, bike paths and lanes. The plan should be fully funded and include shade trees and design features suitable for pedestrian comfort and safety in relation to the adjacent roadway type and land uses. Shaded sidewalks are also needed within neighborhoods, especially near schools and shopping. In addition, an interconnected system of sidewalks, bike lanes, and trails should be developed for both recreation and transportation. Beach and bay accesses - Collier County is blessed with beautiful beaches, but there is a severe shortage of public access. A single park at Vanderbilt Beach provides access to several miles of beachfront. The county should aggressively pursue additional access, either by acquiring land for a new park or through access easements. Natural lands - Voters in many communities enthusiastically support special taxes to set aside valuable natural lands. A similar program in Collier County could connect existing preserves and improve recreational opportunities, as suggested in the Greenspace Master Plan. County government should assist the citizens' movement that is exploring this idea and should place a referendum before the voters if a sound proposal results from that process. FISCAL IMPACT: There is no fiscal impact to approve the "Setting the Course" items listed above. Fiscal impact will be measured during each phase of implementation of the Community Character Plan and will be identified and prioritized for the BCC Workshop on the Community Character Plan to be held in June 2001. GROWTH MANAGEMENT IMPACT: The Community Character Plan cha3ter on implementation proposes a number of amendments to the growth management pl~ nanCho.^G~^ e APR 1 0 2001 land development code. The staff of the Public Services, Community Development and Environmental Services, and Transportation Divisions will be bringing their recommendations in regard to implementation of the Community Character Plan to the BCC at a workshop in June 2001. ENVIRONMENTAL IMPACT: None HISTORICAL/ARCHEOLOGICAL REVIEW BOARD RECOMMENDATION: None COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: None PLANNING SERVICES RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution endorsing the "Setting the Course" recommendations of the Community Character Plan. AO ~DA ,~TEI~ No. ~, ~-n · APR 1 0 2001 / PO. ~-~' PREPARED BY: LOR, AIC/if, PRINCIPAL PLANNER COMPREHENSIVE PLANNING SECTION REVIEWED BY: fi"T~f~N LITSIN~R, AICt~ COMPREHENSIVE PLANNING MANAGER REVIEWED BY: ,? B(~B MULHERE, AICP, ~IRECTOR ~ PLANNING SERVICES DEPARTMEq~'T DATE DATE DATE APPROVED BY: JO,~N DUNNUCK, INqZERJM ADMINISTRATOR COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE AG E.A~A ~TE ~1 NO. ~ APR 1 0 2001 Pg. --~.~ SELECT COMMITTEE ON COMMUNITY CHARACTER AND DESIGN The Select Committee on Community Character and Design was appointed by the Board of County Commissioners in April 1999. The appointments were made based on the individuals' qualifications to oversee the development of the Community Character Plan. Qualifications of the select committee members include community leadership and high- level expertise in the fields of architecture, land use planning, landscape architecture, transportation planning and engineering and greenspace planning. Members: Jim Rideoutte, Chairman Sally Baker Michael A Davis Ellin Goetz Tim Hancock Carl J.Kuehner Joe McHarris Samuel Noe Norm Trebilcock Susan Watts Peter Van Arsdale Mimi Wolok APR 1 0 200 RESOLUTION NO. 2000- A RESOLUTION ENDORSING THE COLLIER COUNTY COMMUNITY CHARACTER PLAN AND ITS GENERAL OBJECTIVES WHEREAS, On April 13, 1999 the Board of County Commissioners created the ad hoc Select Committee on Community Character and Design and charged the committee with overseeing the development of the Community Character Plan; WHEREAS, In February 2000, the Board of County Commissioners authorized the selection of a planning consulting team led by Dover, Kohl and Partners to develop the plan; WHEREAS, the County's goals for the plan included a community-based visioning process with wide public awareness and involvement, urban and rural design standards, mobility in terms of function and aesthetics, and greenspace planning from the neighborhood level to natural resource protection. WHEREAS, the intent of the plan was to develop a guide on maintaining and enhancing vital, quality communities while meeting the challenges of rapid growth; WHEREAS, Collier County has prepared the Collier County Community Character Plan; WHEREAS, the Collier County Community Character Plan establishes general objectives described as "Setting the Course" that meet the County's goals and intent; WHEREAS, the general objectives in the Community Character Plan provide direction for the development of implementation strategies for Urban and Rural Design, Mobility, and Greenspace; WHEREAS, the general objectives of the Community Character Plan will be implemented through growth management plan, lane development code and other amendments; NOW THEREFORE, BE IT RESOLVED BY THE BQARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby approves the Community Character Plan and endorses the general objectives described in the Plan as "Setting the Course." The general objectives of the Community Character Plan are attached hereto as Exhibit "A" and are incorporated by reference herein. THIS RESOLUTION ADOPTED after motion; second and majority vote this day of ,2000. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Ca]rt, er, Ph.D. Chairman Approved as to form and legal sufficiency: Marjorie M. Student Assistant County Attomey No.__ ~¥ .~ / APR 1 0 2001 "EXHIBIT A" SETTING THE COURSE General Objectives of the Collier County Communify Character Plan 1 ) COMMUNITY DESIGN MANUAL a) GREAT NEIGHBORHOODS i) Revitalizing maturing neighborhoods - Some of Collier County's neighborhoods aren't aging as gracefully as they should be and need to be re-energized. These neighborhoods should have officially sanctioned "community plans" generated through direct involvement of local residents. These plans should promote each neighborhood's intrinsic strengths and identify their deficiencies, and then be used to guide public and private improvements. ii)Transforming plans for conventional subdivisions - Collier County's large pods of isolated development are a deterrent to mobility and a primary cause of traffic congestion. Making changes to newly built neighborhoods is extremely difficult. However, some isolated neighborhoods have been approved but not yet built; their site plans should be modified to increase the connectivity with existing and proposed roadways before Collier County extends the prior approvals. iii) Growing new neighborhoods - The culture of community-making demonstrated by Collier Counys pioneers should be reestablished. New neighborhoods should be based on a sound pattern of streets and lots. A wider variety of housing choices should be made available by reintroducing traditional neighborhood concepts as an altemative to balance the many gated subdivisions that have been built over the past 20 years. iv) Regarding single gate communities - Most recant developments provide only one way in and out, and install a security gate at that point. Newly approved developments should instead have open street connections along spine roads about every quarter mite. Multiple gates can be used to secure individual blocks or portions of neighborhoods, provided these gates do not block access to adjoining neighborhoods. v)Regarding stormwater management - Technical regulations can inadvertently block ideal development practices. Collier County should encourage stormwater management techniques that return rainwater directly to the ground whenever those techniques can reduce runoff that would otherwise be routed to drainage canals. b) WORLD CLASS STREETS i) Strategies for designing great streets - Great streets are the backbone of a well- designed community. Streets are critical conduits for vehicles but they are also important public spaces that should be designed as a unified whole, with sidewalks and street trees never being mere afterthoughts. Streets should be of such quality that they are genuine amenities to the neighborhoods they serve. ii)Rethinking the corridors - Collier County's major roads can be functional yet beautiful corridors that residents are proud of and visitors admire. Even failing commercial strips can be transformed into grand boulevards - converting visually blighted areas to premier mixed-use public places. Partnerships with adjoining landowners are a key to such transformations. c) MEMORABLE CENTERS i) Commercial architectural standards - Collier County's architectural standards have improved the look of big-box retail stores, but have not been effective enough in arranging buildings on commercial sites. These standards should be upgraded to improve interconnectivity, and also should require the largest commercial buildings to be laid out on a resilient pattern of streets and blocks because that pattern will long outlast the first generation of buildings and land uses that are placed on these sites. ii)Activating the activity centers - For fen years Collier County has channeled commercial development into major activity centers. Despite the original mixed-use concept, most activity centers are dominated by huge parking lots for retail stores and restaurants. New activity centers should only be approved with complementary mixes of uses. As existing activity centers mature and vacant land becomes scarce, their inefficient parking lots should be converted to parking garages surrounded by mixed- use buildings d) EVOLVING SUBDIVIDED PERIPHERY ~ AGENDA, ITE Golden Gate - The Golden Gate Area Master Plan needs to be updated ~. sp~se ~ /-~ to rapid growth. Special rural design techniques should be worked o~, in con~-a~f'giTo-n ~- ' APR 10 2001 with residents and property owners, to meet the demands of growth while maintaining valuable natural resources and rural character. Some initial ideas are presented for consideration by residents updating the master plan for Golden Gate Estates. 2) MOBILITY MANUAL a) Connecting neighborhoods - New neighborhoods should be connected to their surroundings rather than being isolated Where possible, existing neighborhoods can also be connected, using traffic-calming techniques to prevent excessive or speeding traffic. Adjoining commercial parcels should have an integrated system of connections before new buildings are constructed. b) Enhancing Colliers major road network - Collier County should create a balanced road network by improving its network of principal arterial roads while simultaneously creating a secondary network of smaller roads that link neighborhoods. The potential for this secondary network should be iljustrated on a new thoroughfare plan map. Road impact fees should be increased to pay for this secondary road network. c) Designing great streets - Great streets come in all sizes and types. Even the widest roads--major arterials--can be configured as parkways, or as boulevards, or as conventional highways with occasional urban segments that have on-street parking and buildings close to the road. Collier County should adopt a "palette" of street types that can be used (or improved upon) dudng the road design process. d) Balancing character with congestion - Community character should be at the forefront of all planning decisions. For example, concurrency, the system used to determine road capacity, can inadvertently aggravate urban sprawl, or force auto-dominated solutions to broader planning problems. By developing "transportation concurrency management areas," Collier County can ensure that concurrency contributes to the character- enhancing planning solutions identified by elected officials. e) Planning entire road corridors - Road design and land development approvals usually are distinct processes. A closer link between adjoining land uses and the character of the road would benefit both, with the improved road able to support a development pattern that maximizes community investment and character. Collier County should expand its involvement in such "corridor management plans." 3) GREENSPACE MANUAL a) Neighborhood parks - Small parks make ideal centers for neighborhoods. Collier County should require neighborhood parks in new neighborhoods and should increase its existing program that creates small parks in existing neighborhoods. b) Community parks - Collier County needs four more community parks to serve its residents. Sites for three of these parks have not yet been selected. These sites should be selected and purchased in the very near future, and all four parks should be constructed as quickly as recreation impact fees become available. c) Linkages - Collier County has a pathway plan to build sidewalks, bike paths and lanes. The plan should be fully funded and include shade trees and design features suitable for pedestrian comfort and safety in relation to the adjacent roadway type and land uses. Shaded sidewalks are also needed within neighborhoods, especially near schools and shopping. In addition, an interconnected system of sidewalks, bike lanes, and trails should be developed for both recreation and transportation. d) Beach and bay accesses - Collier County is blessed with beautiful beaches, but there is a severe shortage of public access. A single park at Vanderbilt Beach provides access to several miles of beachfront. The county should aggressively pursue additional access, either by acquiring land for a new park or through access easements. e) Natural lands - Voters in many communities enthusiastically support special taxes to set aside valuable natural lands. A similar program in Collier County could connect existing preserves and improve recreational opportunities, as suggested in the Greenspace Master Plan. County government should assist the citizens' movement that is exploring this idea and should place a referendum before the voters if a sound proposal results from that process. AGENDA ~TF..M / _ APR 1 O 2001 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.778, "MCDANIEL LAKE COMMERCIAL EXCAVATION" LOCATED IN SECTIONS 20, 21, 28, 29, TOWNSHIP 48 SOUTH, RANGE 28 EAST; BOUNDED ON THE NORTH BY VACANT LOT, ON THE SOUTH BY RANDALL BLVD. RIGHT-OF-WAY, ON THE WEST BY OCCUPIED LOT, AND ON THE EAST BY VACANT LOT. OBJECTIVE: To issue Excavation Permit No. 59.778 for McDaniel Lake Commercial Excavation in accordance with County Ordinance No. 91-102 as amended, Division 3.5, '- This petition was considered at the March 27, 2001 Board meeting at which time the petitioner's representative was advised by the Board to talk to neighbors residing along the proposed haul route and if possible obtain letters of no objection from them. At the time of this writing the petitioner assures me that he has obtained eleven letters of no objection. His closest neighbor had initial concerns about the time frame for his house construction, but was assured that the house, would be constructed within two years, which is the maximum life of the excavation. The petitioner will be bringing the letters of no objection to Development Services prior to this meeting. CONSIDERATIONS: The petitioner proposes to obtain a commercial excavation permit to allow fill material totaling 32,090 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 $5910.00 The breakdown is as follows: a) Excavation Review Fee- b) Excavation Permit Fee - c) Road Impact Fee- $850.00 $160.00 $4900.00* *This is the final Road Impact Fee as computed. GROWTH MANAGEMENT IMPACT: None ENVIRONMENTAL ISSUES: None APR 1 0 2001 PO. / - HISTORIC/ARCHAEOLOGICAL IMPACT: None EAC RECOMMENDATIONS: No EAC public hearing was required because of the size of the excavation. CCPC RECOMMENDATIONS: No CCPC public hearing was required PLANNING SERVICES STAFF RECOMMENDATIONS: That the Board of County Commissioners approve the issuance of Excavation Permit No. 59.778 for McDaniel Lake Commemial 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 32,090 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. 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. AG E N DA .[T.,E M.~ ACR'I 0 2001 Based on soil boring information per Ordinance No. 91-102 as arnended, a blasting permit may bc appropriate. Should a bi sting permit application be submined, and should residential areas exist within one mile of thc excavation site, thc County reserves thc right to deny a blasting pen'ni! based on concerns for off-site impacls from blast~ at an excavation site. Should a blasting permit be considered and approved, the minimum conditions of approval in addition to conditions per Ordinance No. 91-102 as amended am as follows: SIrucmre inventory/monitoring and applicable property owner release as required.by the Development Services Director. '" B. Security bond applicable to private property damage acceptable to thc County. Co Control of size/depth/number of charges per blast by thc Development Services Director. The right cf the County to suspend and/or revoke blasting perm/t authority should it be determined that blasting activities are creating unacceptable off-site conditions either in terms of private property damage and/or related physical effects of blasting operations. No excavation permit shall be issued until receipt of a release from the Transportation Services Administration applicable to proper mitigation of off-site impacts, meeting of applicable pwvisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No. 91-102 as amended. Reference to letter of 5/24/88 Revised 1/13/98 APR 10 2001 APR 10 2! L EXECUTIVE SUMMARY DISCUSS THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONSENT ORDER AND AUTHORIZE BCC CHAIRMAN TO SIGN THE FDEP CONSENT ORDER. OBJECTIVE: Authorize the Chairman of the Board of County Commissioners to sign the FDEP Consent Order. CONSIDERATION: During the months of February and early March, the North County Water Reclamation Facility received peak flows and loads beyond its capability to treat wastewater to reclaimed water standards. Subsequent to this, the plant had several spills of partially treated wastewater on-site, and also had five events of overflowing the reject ponds into a nearby drainage canal totaling 1.8 million gallons. This report will discuss the Consent Order between Collier County Public Utilities and the Florida Department of Environmental Protection. FISCAL IMPACT: Funds are budgeted for the 5 MGD Expansion in the Wastewater Capital Project Fund. Penalties/In Kind Services: fast tracking of future plants; expansion design and permits and procurement of a 1.25 MGD package plant are not specifically budgeted. A budget amendment transferring monies f'rom Reserves to the Wastewater Capital Project Fund will be needed, not to exceed $6,000,000.00. GROWTIt MANAGEMENT IMPACT: This project is consistent with the Groxvth Management Plan. CIE 916. RECOMMENDATION: That the Board of County Commissioners. as Ex-officio the Governing Board of the Collier County Water-Sewer District, authorize the Chairman of the Board of County Commissioners to sign and enter into a Consent Order with the Florida Department of Environmental Protection. SUBMITTED BY: REVIEWED BY: APPROVED BY: Date: Joseph B. Cheatham, Wastewater Director Date: /.'.~{r o { James Mudd, P.E., Public Utilities Administrator Date: EXECUTIVE SUMMARY APPROVE AN AMENDMENT TO THE COLLIER COUNTY PARKS AND RECREATION FACILITIES LICENSE AND FEE POLICY RELATED TO THE USE OF COUNTY BOAT LAUNCH FACILITIES Objective: To have the Board of County Commissioners approval amending the "Parks and Recreation Fee Policy" to provide equity in the use of the County's owned and operated bom launch facilities by establishing a per boat launch fee of $3 and address commercial use of these facilities. A copy of the revised text (to the Policy) is attached to this Executive summary. Considerations: The Board of County Commissioners adopted Resolution No. 82-138 and thereby established the County's policy to maximize utilization of user fees and/or concession revenues to partially offset operating costs of Parks and Recreation programs. The Board has adopted several subsequent Resolutions regarding fees and charges for facility use and programs. This amendment to the Fee Policy deals with equity at County owned and operated boat launch facilities. The Parks and Recreation Department operates four boat launch facilities in the Naples area. These facilities are Cocohatchee River Park, Caxambas Park. Bayview Park, and the 951 Boat Ramp. The existing fees at these ramps vary: Cocohatchee River Park Bayview Park Caxambas Park 951 Boat Ramp $3.00 parking $3.00 parking fee $3.00 boat launch fee No parking fee or boat launch fee This amendment to the Fee Policy will bring equity to the fee structure by charging a $3.00 per launch fee for launching a boat for non-conunercial purposes at all the above locations. That $3.00 fee includes fi'ee parking at the respective park. Recreational boaters also have the option of purchasing an annual boat vehicle-launching permit for $60.00. The second part of the amendment to the Fee Policy is in regard to commercial use of the County's boat launching facilities. Ordinance No. 86-70 currently prohibits commercial use of public boat launch facilities without specific approval from the Board of County Commissioners. The Parks and Recreation Department is hereby requesting that the County's boat launching facilities be allowed to be used to launch boats for commercial purposes provided each respective boat launching vehicle that will be used to launch a boat for commercial purposes be issued an annual permit for $100 per year plus a fee of $3.00 for each commercial launch. Several commercial organizations utilize these facilities at no charge as they do not park any vehicle at the respective County facility. These businesses include guided tours, boat repair services, boat demonstrations, and boat sales promotions. These commercial uses are authorized exceptions in context of Section 26-1(b) of Collier County Code of Laws and Ordinances (Ordinance No. 87-60). The Parks and Recreation Department is also requesting authorization to advertise in the Naples Daily News a public hearing for this Board to consider adopting an Ordinance amendment to authorize Staff to utilize the existing parking ticket procedures to enforce non-payment, if any, of the $3.00 per boat launch fee. The Clerk of Courts has approved use of the existing parking ticket procedures. Approval of this Executive Summary will grant such authorization to Staff. The Parks and Recreation Advisory Board has reviewed and approved this recommendation. Fiscal Impact: The fee for commercial use permits and the institution of the $3.00 launch fee for each boat launched non-commercial and commercial is estimated to provide additional revenue for Fiscal Year 01 of $3,000. The anticipated revenue for Fiscal Year 01-02 is estimated to be an additional $27,000. A non-recurring cost to implement this program is estimated to cost approximately $30,000, including purchasing three token dispensers at a cost of $3,000 each, purchasing one master meter for the 951 Boat Ramp at a cost of $8,000, the cost of electrical hook-ups at each of the three locations at a cost of $3,000 per location, plus the cost to provide electrical service to the 951 Boat Launchsite. In addition to the $3,000 projected revenue, $27,000 is available in General Fund (001) reserves. Growth Management Impact: There is no effect on the Growth Management Plan. Recommendation: That the Board of County Commissioners approve an amendment to the Parks and Recreation Fee Policy to charge a $3.00 per boat launch fee for non-commercial purposes, approve the $100 per year boat launching permit for commercial launches, plus a per launch fee of $3.00 for boat launches for conm~ercial purposes, authorize the associated budget amendment, and authorize the County Attorney to prepare an Ordinance Amendment to advertise a public hearing for adoption of procedures for collection of non-payment of boat launch fees. Prepared by: Murdo Smith. Beach and Water Superintendent Department of Parks and Recreation Reviewed by: Mdla RhmSey, D~dctor Depa~ment of P~ks ~d ~cremion LeoOchs, Jr.,'Admini~r ' Public Se~ices Divis~ Date: Date: Date: ! APR RESOI.UTION NO. 2001- ____ A RESOLUTION OF COI.I.IER COUNTY FI.ORIDA, AMENDING ARTICLE IV (D) OF TIIE COLLIER COUNTY PARKS AND RECREATION DEPARTMENT FACILITIES LICENSE AND FEE POLICY RELATED TO BEACH PARKING AND LAUNCItlNG BOATS WIIEREAS, the Director of Parks and Recreation has recommended to the Board that changes be made to the Collier County's Parks and Recreation Fee Policy. This fee policy was last amended by Resolution No. 2000-335 on September 26, 2000. The Director recommends adding a boat launch fee and authorizing annual boat launch permits to launch boats; and WilEREAS, the Board of County Commissioners hereby accepts the recommendations of the Director of Parks and Recreation. NO,V, TIIEREFORE, BE IT RESOLVEI) BY TIlE BOARD OF COUNTY COMMISSIONERS OF COL1AER COUNTY Ihal: Article IV, Section D, of Collier Counly's Park and Recreation Fee Policy, as amended, is hereby amended as follows: "Vehicle Parking Facilmes. Beach aad-b/oat parking facilities, not limited to, Barefoot Beach Park. Barelbot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigertail Beach, South Marco Beach Access have a p_4!skin_g fee, reclusive of sales lax, at ,q rate of $3.0(} per day. Collier County residents v, ith beach parking permits will be exempt from ,,he lb_is $3.0(I per day parkin,.2 fee at beach ,12'_,Lrkin~2_f!Lcil_ities. Collier County residents may obtain a beach parking permit at no charge. Vehicles with beach parkin_g permits will not be charged et this beach .12/~'k!n_g Ice. Fees shall be t2~d_ !o_l~qn~k'_h boats from Collier Counly boat launch facilities, ~_~}uOng=~LE~tJ~!gA[~d.lg. l~view Park, Cocohmchee River Park, 951 Boat Ramp and Caxambas Park. Annual recrealional boal vehicle parking launchina permits may be purchased hy all residenls or visilors for an annual fee of $60.00 for launching boats only for non-commercial use. ~mts~e avaiMMe at a~ G~tti~unty Park~R~atio,~mmty cen~ The ~eralor of each N~t launch vell~(J2th~[ do~5.Jl~t dis~ an annual recreational boat branching p~'nli[_5[~ a!!~ 5L1U~!Dd~ !'ggS~C~ 3-00~ng!u si ye o f s al e s t a x. for e ac h boat ~mpche~&~_Co~!i~[_Cpt!O_U' boat launchin2 facility for boat launches for non- commercial uses. Vehicles used Io launch a boat for any commercial purpose are ~quired to dispJay an annual commercial boat launchina permit. The cost for each commercial taunching~g~_n_Lt..is Sl_0f}. In addition a launch fee of $3.0(! shall be prod for_e_a_c_'h_~{24[J~t!_n_c_TLed f0!k~2~&cp!!m~c!V!~[ puq2OS_e: All of these Permits are available itt all Collier County Parks and Recreation Commtlnilv Centers." This Resolution adopted this second and majority vote in lhvor of passage. day of Apr/I, 2001, after motion, ATTEST: DWIGtFF E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLI. IER COUNTY, FLORIDA Deputy Clerk Bv: Jarnes D. Carter, Ph,D,, Chairman Approved as to form and I~e~al sufficiency By. Thomas C. Palmer, AsSislanl County Attt rney EXECUTIVE SUMMARY APPROVAL OF AN UPDATED LAND MANAGEMENT PLAN FOR BAREFOOT BEACH PARK PRESERVE Objective: To obtain Board approval of a formal Land Management Plan Update for Barefoot Beach Park Preserve. Considerations: In 1990, the Board of County Commissioners entered into an agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to lease and manage for 50 years 156 acres of environmentally sensitive land adjacent to the County owned Barefoot Beach Preserve. This Management Plan encompasses resource management, visitor services and protection of these sensitive lands. The Plan requires the County to submit a formal update to the State every five (5) years. Highlights of this Plan update include the following: An inventory and analysis of natural resources to identify plant communities and habitat areas has been completed. This survey updated the original inventory of the plants and makes recommendations for preservation. * A Gopher Tortoise Survey and Behavior Study has been completed. This survey inventoried the Gopher Tortoise population, habits and the habitat at the Preserve. * An extensive exotic removal program at this site has been completed and a continuing maintenance program has been initiated to keep the Preserve free of exotics. Plans to construct a Back Bay dock east of the Learning Center and Concession Building have been incorporated in the Plan. This will provide additional and safe access to the Preserve by boat. The public dock will also provide walking and handicap access to view the mangroves and participate in interpretive activities. * An area to construct a 75-space parking lot located in the County owned portion of the Preserve has been identified. A privately owned out-parcel inside the State owned portion of the Preserve presents both a short tern~ and long term concern. The short-term problem is the parcel is covered with exotics, which infest the Preserve. A larger concern is how the owner intends to utilize this property. Due to the sensitive nature of this area, any construction of docks, boardwalk, and buildings should be restricted. To eliminate these concerns, the Plan recommends that this property be acquired by the State. A copy of the entire Plan Update is available for inspection and copying during regular business hours at the Office of the Clerk of Courts, Minutes and Records Department, located at the County Government Center. Fiscal Impact: There is no fiscal impact associated with the approval of this Management Plan update. Growth Management: The Barefoot Beach Preserve is inventoried in the Collier County Growth Management Plan. [ -AG~ NO Barefoot Beach Prese~e. ] APR 1 0 2001 Prepared by: Murdo Smith, Beach and Water Superintendent Date Reviewed by: Marla Ramsey, Director Department of Parks and Recreation Approved by: ~ :' ' -- ~ ..... Leo Ochs, Jr., Public Serviqes Administrator Approved by: ~amiro Manalich, A~'si'-stant C~unty Attorney Date Date '"" .,.x ~ / Date APR 2001 EXECUTIVE SUMMARY Report Re.qardin.q a 1/2 Percent Local Option Infrastructure Sales Tax Referendum Objective: That the Board of County Commissioners direct staff to prepare an ordinance establishing a referendum election for the adoption of a one-half percent local option infrastructure sales tax for the purpose of funding the transportation capital plan. Considerations: Florida Statute 212.055 provides counties with the ability to levy a discretionary sales surtax of .5 or 1 percent by enacting an appropriate ordinance, with subsequent approval by a majority of the electors of the county. The proceeds of this tax may be spent "to finance, plan, and construct infrastructure and to acquire land for public recreation or conservation or protection of natural resources and to finance the closure of county-owned or municipally owned solid waste landfills that are already closed or are required to close by order of the Department of Environmental Protection." At the recent transportation workshop, the Board reviewed Collier County's transportation capital funding needs and identified the discretionary sales surtax, or local-option sales tax, as a potentially viable source of needed funds for road construction. The Board further asked that staff answer a number of specific questions related to the local-option sales tax, requisite to a final decision on an enabling referendum. These issues are addressed as follows: Impact Fees - Have commercial and residential impact fees been adopted at the "maximum legally defensible level?" On January 11, 2000 the Board received a "Transportation Impact Fee Update Study" from consultant Tindale-Oliver and Associates. The study presented a range of possible impact fees in four categories; single family home, condominium, general office, and commercial. The fee ranges also considered certain assumptions regarding other revenues, i.e. the renewal or non-renewal of the 5-cent local option gas tax. At that time the Board adopted the highest option presented in all four categories. The Board has further directed that these fees be reviewed at regular intervals, giving the Board an opportunity to adjust them based on current information and further renew the commitment to maintaining them at the proper level. Could tourist tax legislation be changed to allow for the use of this revenue for road construction? Previous attempts to broaden the statutorily-defined uses of the tourist tax have been unsuccessful. While staff has identified no currently pending legislation to accomplish this, it could be pursued in the future. At best this would be a highly speculative venture with no guarantee of success, and no possibility of immediate or even near-term revenues. · Can we adopt 1% for 5 years with an automatic reduction to ~% thereafter? Yes, given referendum language that explicitly calls for that structure. How much of the 5 year funding shortfall could be funded by bonding existing gas taxes? As discussed at the workshop, existing revenues (gas tax and impact fees) could be bonded to meet 59% of the 5-year needs. In the sixth and subsequent years, however, no revenue remains to fund any other needs, as it would all have APR 1 O 2001 J been pledged to debt service. This scenario works only if it can be reasonably assumed that there is no capital funding required after the fifth year. How much of the 5 year funding shortfall could be funded by indexing gas taxes? This potential change, which is also subject to the uncertainty of the legislative process, would not raise a significant amount of revenue when weighed against the capital funding deficit, less than $.5 million per year. Are real estate transfer taxes a potential source of revenue? Florida Statutes do not give counties the authority to levy a real estate transfer tax. Further information not discussed at the workshop is presented as follows: Exportability - A 1990 study commissioned by Collier County estimated that out-of- state tourists paid 15.3% of the county's sales tax at that time. Another 11% was estimated paid by in-state tourists and 1.5% by commuters, for a total of 27.8% of the sales tax burden exported, or paid by other than Collier County residents. If a referendum were to be pursued, these numbers could be made current in approximately 30 days. Distribution to municipalities - Statutes provide for a sharing of sales tax revenues, either by interlocat agreement or by a population-based formula that is defined in the statute, · Referendum timetable - In order to receive revenues effective on January 1, 2002, a referendum election must be held prior to November 16, 2001. Finally, included as attachments to this Executive Summary are the following: · Attachment 1 - Proposed Transportation Work Program (including ½ percent sales tax revenues.) · Attachment 2 - Schedule forAuthorizing and Conducting the Sales Tax Referendum Growth Management Impact: A fully funded transportation plan is critical and essential to the county's ability to maintain concurrency levels. Fiscal Impact: A one-half percent sales tax is estimated to raise approximately $20 million dollars initially per year. It is estimated by the Supervisor of Elections that a special referendum election would cost $280,000. Recommendation: That the Board of County Commissioners direct the County Attorney draft and advertise an ordinance calling for a referendum election to adopt a ¼ percent local-option sales tax for the specific purpose of funding the transportation capital plan previously reviewed by the Board, and bring said ordinance for approval on May 8, 2001. Prepared by: Mike McNees, Assistant County Manager APR 10 2001 Attachment 1 Proposed Transportation 5 Year Work Program (Dollars shown in Thousands) Project Name FY01 FY02 FY03 FY04 FY05 SUMMARY OF PROJECTS Amount Amount Amount Amount Amount Amount Airport Pulling Road 62031 8.374 CJI 6,374 Golden Gate Bird 63041 2,747 R/CJI 2,747 Pine Ridge Road 60111 280 CJI 20 I 300 Livingston Road 60061 4.144 CJI 4,144 Immokalee Road 69101 1,804 CJI 545 I 2,349 Livingston Road 60071 11,278 R/CJI 11,278 Livingston Road 62071 8,627 D/R 16.125 RJCll 24,752 Immokalee Road 60018 2,g50 DIR 32.911 CJI 35,861 Golden Gate Parkway 60027 3,550 DIR 5.535 RICJI 0,632 CJI 18,717 25,050 C 25.050 Livingston Road North 65041 1,391 DIR 1.645 D/I 28 I 3,064 8,877 C 8,877 Vanderbilt Beach Road 63051 4,000 DII 2,371 D/R/I 6,371 18,700 C 18.700 Immokalee Road 66042 2,500 D 2,145 R/CJI 4.645 17,450 RIG 17,450 CR951 (Collier Blvd.) 65061 85o S/D 4,500 R 5,35~ Radio Road 65032 500 S/D 3,500 R 1,450 C 5,450 East/West Livingston Rd 60036 1.000 S/D 5,000 R 5,000 R 11,500 CII 22,500 Goodlette Frank Road 60134 1,428 D 11,960 R~C/I 13,388 Logan Boulevard TBD 250 $ 400 D 65~:'~ Santa Barbara Blvd 62081 3.200 D 2.600 DtR 700 R 2?.890 C/I 34,390 lmmokalee Road TBD 35O S 350 Radio Road 65031 850 SID 2,500 R 4,500 C 7.850 Radio Road 65033 750 S,'D 3,000 F 3,000 C 6,750 Livingston Road Extension TBD 400 S 600 D 10.000 R 11,000 CR951 (Collier Bivd.)63031 750 S/D 750 Goodlette Frank Road 60131 200 S 500 D 700 County Barn Road 60101 505 D 2.500 R 6,630 C 9,635 Ooodlette Frank Road 68041 100 S 100 Vanderbilt Beach Rd 65071 300 S 300 10% Contingency 5,870 9.570 8,570 4.670 28,680 Total 58,678 1 I 1°1,5541 I 05,280 1 I 55.260 I 29,750 3~0,522 500 500 500 1,000 1,000 1,000 750 750 750 750 750 750 500 500 500 500 500 500 250 250 250 500 500 500 500 500 500 5,250 5~250 5~250 I 2,000 I 2,000 I 2,000 4,000 4,000 4.000 1.500 1.500 1,500 50O 750 1,000 1.500 1,500 1.500 6.600 6.600 6.600 1,000 1,000 1.000 J 15.350 I 15,600 15,100 Base Operations & Maintenance Bricige Repairs/improvements 500 500 Major Intersection Improvements 356 1,000 Intersection Safety/Capacity Impn 750 750 New Traffic Signals 750 750 Shoul0er Safety Program 500 500 PathwaysJSidewalks Bike Lanes 450 500 Neighborhood Traffic Mgmt Progr 150 250 Drainage Program 500 Mitigation/Environmental 500 Subtotal Base Operations & Main 3,450 5,250 Impact Fee Credits Threshold I 2.000 I 2,000 Enhanced Operations & Maintenance Major Roadway Resurfacing/Recc 600 4.000 Landscape Retrofit/Enhancement~ 1.500 1.500 Landscape Maintenance 250 Street Lighting 2,500 Collector Roads/Minor Arterial Rd 8.008 6,600 Advanced ROW 1,000 1,000 Subtotal Enhanced O & M I 11,108 I 15,850 2,500 4,350 3,750 3,750 2,500 2,450 1,150 2,000 2,000 16.600 7,500 2,500 7,000 34,408 5,000 73.008 Total Funding Request All Funds 75 236 124 654 117 630 77 860 52 600 447 980 Impact Fee Revenue 15,505 12,404 12,404 12.404 12,404 65,121 Gas Tax Revenue 11,333 11,762 12,205 12,662 13,131 6t,093 Grants 3,640 5,915 9,555 Interest/Miscellaneous 2,302 500 500 500 500 4,302 Carry Forward (Surplus or Shortfall) 26~446 {16~010) (34,052} ~23r616} Total Revenue 59,226 14,571 25,109 25,566 18,0171 116,455 Revenue Bonded Proceeds 95.719 80,949 12.706 9,469 198,843 112 Cent Sales Tax 14,364 20,110 21,115 22,171 77.760 110,083 101,059 33.821 31,640 276.603 Debt Service 8.538 15,759 16,892 41,189 Total Surplus/Shortfall [16,010) (34,232) (45,869) Key: R = ROW S = Study C = Construciton D = Design I = Inspection (96,111} · APR 10 2001 Proposed Transportation 5 Year Work Program (Dollars shown in Thousands) Project Name FY06-10 FY11-FY20 SUMMARY OF PROJECTS Amount Amount Project/Program Commitments 148,931 297,863 Cumultive Debt Service 88,685 I I 177,369 Total 237,6161 I 475,232 Impact Fee Revenue 62,020 75,000 Gas Tax Revenue 73,213 157,005 Grants - Interest/Miscellaneous 2,500 Carry Forward (Surplus or Shortfall) {45,869) (11,636~ Total Revenue 91,864 220,369 H Revenue Bonded Proceeds 1/2 Cent Sales Tax Debt Service Total Surplus/Shortfall 128,636 282,968 28,752 39,741 157,388 322.709 (11,636) (67,846) APR 10 2001 Attachment 2 Schedule for Authorizing and Conducting the Sales Tax Referendum April 10, 2001 April 20, 2001 May 8,2001 BCC directs staff to prepare the necessary Ordinance for the local option sales tax Deadline for Ordinance to be prepared for advertising for the public hearing Adoption of the Ordinance by the BCC and the Resolution calling the referendum election to be adopted by the BCC May 18, 2001 Submission to Department of Revenue (10 days after Ordinance or referendum) and notification to Department that referendum will occur after October 1 May 18,2001 August17,2001 Nov. 6 or7,2001 November16,2001 January 1,2002 Submission of the pre-clearance material pursuant to Section 5 of the Voting Rights Act to the U. S. Department of Justice for pre-clearance Response of No-Objection due from the U. S. Department of Justice for the pre-clearance Referendum Election (before November 16) Last date to notify Department of Revenue that referendum was approved Earliest date the sales tax could be levied if approved by the referendum election A~ N-~%~ No. ,,~_~ / APR 1 O 2001 EXECUTIVE SUMMARY RECOMMENDATION FOR BOARD TO ACCEPT SETTLEMENT OFFER OF $10,000.00 IN THE CASE OF MAXIE D. HOLMES V. COLLIER COUNTY, CASE NO. 2:00-CV- 262-FTM-29DNF. OB~]ECTIVE: For the Board of County Commissioners to accept a settlement offer from the Plaintiff in Maxie D. Holmes v. Collier County, Case No. 2:00-CV- 262-FTM-29DNF, which is pending in the United States District Court for the Middle District of Florida. CONSIDERATIONS: On March 27, 2001, the Board met in closed session to discuss settlement negotiations and strategy related to litigation expenses in the case of Maxie D. Holmes v. Collier County. The Board subsequently decided in open session to take no action on a then pending settlement offer of $100,000.00 from the Plaintiff until additional discovery was completed. Since March 27, 2001, the Plaintiff has offered to settle this case for $10,000.00. The settlement offer is recommended by the OffiCe of the County Attorney and the Risk Management Department. In particular, the maximum exposure of the County under the applicable statutes, including payment for the Plaintiff's attorney's fees in the case, could run to $150,000.00. or more. In addition, se~lement of the case for $10,000.00 will relieve the County of at least 200 hours of attorney and paralegal time in preparing and trying the case from this point forward, and this may very well be a conservative estimate. In addition, the settlement will relieve the County of any additional "hard dollar" costs, including such items as the possible taking of videotaped depositions of witnesses located in Atlanta, Georgia. FISCAL IMPACT: See above. If the settlement offer is accepted, the County's remaining expenses in connection with this lawsuit will be limited to $10,000.00. Funds for the recommended settlement payment are available in the County's Property and Casualty Self-Insurance Retention Fund. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board accept a $10,000.00 settlement offer from the Plaintiff in Maxie D. Holmes v. Collier County, Case No. 2:00-CV-262- FTM-29DNF, now pending in the United States District Court for the Middle~ District of Florida, in exchange for a complete release and an 1 ' [ APR ~, O 2001 no liability and that the Board further authorize the Chairman to sign the necessary settlement and release documents. PREPARED BY: ~/~~//J Date: Michael W. Pettit, Assistant County Attorney REVIEWED BY: APPROVED BY: ~RM Risk Management Director David C.'~qeigell ~ County Attorney Date: Date: h:/PubliedLifigation/Open Cases/Holmes, Maxie/Executive Summary.0~0601 h:/Public/MikedExSum/Executiye S ummary.Holmes.040601 2 NO._~t fa) _ AFT, 1C 2001 Pg. ~ - EXECUTI ,VE ,SUM,MARY APPOINTMENT OF MEMBER(S) TO THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE ~: To appoint 2 members to serve 4-year terms, expiring on March 3, 2005 on the Radio Road Beautification Advisory Committee ,CONSIDERATIONS: The Radio Road Beautification Advbory Committee has openings for members to aid and assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance oftbe median areas as set forth'in Ordinance No. 96-84. This 5-member committee shall recommelKI work pro~ arid priorities to the County Administrator or his designee. Members shall be permanent residents within the MSTU. ARer initial staggered terms, terms will be 4 years. A list of the current membership is included in the backup. The terms for Susan Saum and Wilfred Jaeger expired on March 3, 2001. A press release was issued and resumes were received from the following 2 interested citizens: &[PPLICANT CATEGORY DIST !;hECTOR ADV. COMM. Is~_-_ Saum - re-appt. Briarwood Wiffred ~aq=_ re-ap,pt. ~ , Foxfire COMM!TTEE,I~CO~ENDATION: 3 Iv [m dioRod 3 "IY~s IRadi° Road Susan Saum - reappointment Wilfred Jaeger - reappoimment FISCAL IMPACT: NONE GRQWTtl MANAGI~MENT IMPACT: NONE ~(~OMMENDATION,: That the Board of County Commissioners consider the recommendation for re. appointment, reappoint 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: APRIL 10, 2001 AOF..NDA ITEM Radio Road Beautification Advisory Committee Work Phone. Appt'd EXlx Date Term Home Phone DateRe-appt 2ndEapDate 2nd Term Susan S~ .m 5060 Coldsu'eam Lane Naples, FL 34104 District: 3 Category: Briarwood Dale L. Lewis 168 Ocenns Boulevard Naples, FL 34104 District: 3 C~e~ory: Crystal IC ICmzel 498 Henley Drive Naples, FL 34105 /)/str~' 3 Category: Berkshire Lakes Wilfi~ Jaeger 139 Artic Way Naples, FL 34104 District: 3 Category: Foxfire Wolfgang B.P. Schuh 260 Lambton Lane Naples, FL 34104 District: 3 Category: Foxfiz~ 793-9358 263-4O3O 643-7369 03/23/99 03/03/01 2 Y~s 05/02/00 03/03/04 4 Years 03/03/95 03103/00 2 Years 353-,~77 05/02/00 05/02/04 4 Years 64.3-.-5O29 455-7909 09/01/98 03/03/01 3 Years 09/01/9g 03/03/02 4 Years Monday, May O& Page 1 of 2 Radio Road Beautification Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Tei~n This 5 member commiltee ~was created on Oc~ber 21, 1997, by Ordinance No. 97-52 to aid ami assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance of the median areas as set forth in Ordinance No. Admini-~-ak, r or his designee. Members shall be permanent residents ~ithin the MSTU. Terms am 4 yearn. FL ,.VI'AT: 125.01 Sta~;.- Mike Levy, Secretary I1:774-8494 ~lson_s . om: tevy_m Sent: Thursday, March 22, 2001 11:39 AM To: ~son s Subject: Radi~'Road Sue, Radio Road MSTU advisory committee met and approved the continuation of Bill Jeager and Susan Saum. Thanks Mike Pg- ~ MEMORANDUM DATE: TO: FROM: February 5, 2001 Vinell Hills, Elections Office Sue Filson, Admini~rative Ass Board of County Coma&ssioners 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 commi~ion district in which each applicant resides. RADIO ROAD BEAUT ADV COMM W'flfi-ed Jaeger 139 Arctic Way Naples, FL 34104 COMMISSION DISTRICT Thank you for your help. 5060 Coldstream Lane Naples, Florida 34104-4736 February 6, 2001 Ms. Sue Fiison Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, Florida 34112 Dear Ms. Filson: As we discussed, my home in Briarwood is currently listed for sale. When it is sold, my husband and I plan to move to another area in Collier County. Since there have been vacancies on the committee in the past, I am asking to be considered for a second term on the Radio Road Beautification Committee. I do understand that I will be required to resign when I move out of the MSTU area. I will withdraw this application should there be other applicants who can be expected to serve the full term. My husband and I have owned a pool maintenance business in Collier County for 14 years. Additionally, I am employed as an accountant and have several years experience in the accounting and customer service fields. My educational background includes an associate's degree from Edison Community College as well as a Bachelor's Degree in Business and Management from Barry University. Should you require additional information, you may call me weekdays at 793-9358 or evenings at 263-4030. I appreciate your consideration and look forward to hearing from you. Sincerely, Susan Saum MEMORANDUM DATE: February 5, 2001 TO: FROM: Mike Levy, Senior Secretary, Transpo~,~n, Department~ Sue Filson, Administrative Assist~t///. "] Board ofCoumy Coa~mfi~ioners/x,C/ · Radio Road Beautification Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: W'flfi'ed Jaeger 139 Arctic Way Naples, FL. 34104 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 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 January 19, 2001 Attn: Sue Filson RE: Radio Road Beautification Advisory Committee Please consider my interest in continuing to serve on the committee. My main interest is to finish the project and make sure the vegetation that has been planted is maintained. 13'1~9 Arctic W~ ' Wilfre~Jaeger~ Naples, FL 34104-4104 switches and coaxial hannonic filters. POSITION & DUTIES: Sales depa,;,,~nt manager, doing sales staff work, call on national customers, service mfg. reps, in charge of display for exhibits at national conventions, in charge of repair department, wrote sales literature and catalog, answered teGhnical mail and made quotations. CUSTOMERS: Military accounts, OEM, two way radio service shops, FM-TVstsUons, distributors, on a national and world wide basis. 1958-1959 Ohio Instrument Co., Electronic ManufaCturers Representative. POSITION & DUTIES: Sales application engineer, two man company. Followed leads from prlncipsis, call on prospects and customers, demonstrate electronic instrumeh;~ and components. PRODUCTS: Digital voltmeters and frequency counters, regulated power supplies, phasemeters, scopes, temperature controllers and components. CUSTOMERS: Diversified industries including steel mill, aircraft faCtories, machine tool mfg., government, engineering consultants, purchasing agents and buyers. TERRITORY: Northern Ohio and Westsm Pa. 1957-1959 Dannemiller Associates, Electronic Manufacturers Representative. POSITION & DUTIES: Marketing Manager, analysis of market, aid in selecting principals, charge of advertising, exhibits, literature, repair program and assisted sales engineers in selling and demonstrating equipment in four offices. 1955-1957 Strong, Carlisle and Hammond Co., Mill supply house, steel tubing. POSITION 8, DUTIES: Inside salesman training to sell steel tubing in Northern Ohio. Did sales correspondence, did quotations, made stock lists and took phone orders. 1951-1955 Radio S_tation WAND Canton, Ohio. POSmON & DUTIES: Disk Jockey, sales and engineering. Production of radio programs. Fill out FCC logs for the transmitter functions. 1950-1951 Republic Steel Corp. Electrical Laboratory POSITIOfl & DUTIES: Purchasing expeditor, specify equipment, aid engineers, in charge of stock room. Wilfred H. Jaeger January 19, 2001 139 Arctic Way Naples, Florida 34104-4104 Home Phone 643-5029, Office 643-7004 PERSONAL: Birth date 11-15-1927, born in Detroit, Michigan, raised in Bedford, Ohio. b'~J', 185 lbs. No serious health problems. COMMUNITY ACTIVITIES: Past President of Bedford Hts. Kiwanis Club, member of Mayor's Advisory Commission, Chairman of bicentennial Committee, Honorary member of Executive Committee of Cuyahoga County Republican Party. Republican Ward Leader of Bedford Heights 1970-1976. EDUCATION: Graduated from Case Western Reserve University with BBA degree, class of 1950. Majored in Marketing, with a minor in industry with emphasis on speech and communications. The first two years of college work were spent in basic engineering courses. Third year at CWRU continued engineering program and switched to business emphasis. Hold First Class FCC Radio Telephone Operators License, now granclfathered to a General license. MiLITARY: Civil Air Patrol as an instructor of Morse Code, 1943 to 1945. Army Signal Corps. Signal Corps Engineering laboratory at Ft. Monmouth, NJ. 1945 to 1947. Training included 6 months basic engineering course at West Virginia University, Army Specialized Training Reserve Program, equivalent to one year of college. Radio repair school at Fort Monmouth, N~J., obtained MOS 648, radio repair, MOS 649, radio repair f'Lxed station and MOS 301 engineers aide. Assigned to Signal Corps Engineering laboratory, Camp Coles, Short Range Section at Fort Monmouth, NJ as an engineers aide to radio design engineers. HOBBIES: Radio Amateur KSKFT, cooking, photography, computers and painting. POSITION: Owner and President of Naples Communications Inc. two way 1984-2001 radio sales and service Yearly gross sales approximately $50,000.00. Operated private carrier radio mobile phone system. POSITION: Chief Radio Technician, Department of Transportation, State of Ohio. DUTIES: Maintain, repair and install two way radio equipment, in Charge of radio operators and' teletype system. Responsible for implementing and maintaining procedure and policies of the department and to train the mobile and base station operators in the use of the radio system. Maintain 3 shift schedule for the snow and ice removal season. Maintained radio logs and weather reports to substantiate legal position of the State in law suits. Gave slide talks, wrote articles,, press releases and issued operating directives that apply to FCC regulations and State policies. ResPonsible fo.r policing the radio traffic. 1966-1969 W.H. Jaeger Co., self employed, managed coin operated photocopy business on a contract basis. Placed machines in public libraries and universities. A0pproximate yearly gross $50,000.00. Engineered, serviced and placed locations. Put together first coin operated copy machine. * 1964.1966 W.H. Jaeger Co., self employed, Electronic Manufactures Representative, handled digital voltmeters, thermistor temperature measuring equipment, power supplies and other electronic test equipment. 1959-1964 Bird Electronic Corp., Solon, Ohio, Mfg. of RF coaxial wattmeters, du~"~~~~ EXECUTIVE SUMMARy APPOINTMENT OF MEMBER(S) TO THE BLACK AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint 1 member to fulfill the remainder ofa vacam tern-,: expiring on June 25, 2002 on the Black Affairs Advisory Board. CONSIDERATIONS: This 9 member committee idemifies and evaluates problems unique to the Black Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Governmem, and provides periodic reports to the Board of County Commissioners. A list of the current membership is included in the backup. Ms. Catherine Askew Quirt0 resigned fi.om the board on January 20, 2001. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORy DIST ELECTOR ADV. COMM. Robert G. Jenkiws ] N/a [ 3 ',lYes [none COMMITTEE RECOMMENDATION: Robert G. Jenkins FISCAL IMPACT.,: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointmem, appoint 1 member to the Black Affairs Advisory Board, and direct the County Attorney to prepare a resolution confu'ming the appointmem. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: APRIL 10, 2001 no. Pg. Clear Day Page 1 of 1 .-- fiison_s From: dunnuck_j Sent: Monday, March 26, 2001 8:52 To: filson_s Subject: RE: baab Hi Sue, They recommended in favor of the gentleman. Thanks, JD ..... Original Message ..... From: filson_s Sent: Friday, March 23, 2001 8:58 AM To: dunnuck_j Subject: baab Hi John. Do you have a recommendation for me from the BAAB? Also. could you please call me regarding the Golden Gate Area Master Plan Committee. you several time but can't get through, Thanks. Sue Filson. Administrative Assistant Board of County Commissioners I've tried to call 3/26/2001 AGENDA ~ Black Affairs Advisory Board Work Phone Name Home Phone Mr. Rufus H. Watson 403-0355 5501 Rattlesnake Hammock Rd., #208 352-2782 Naples, FL 34113 District: 3 Category: Appt'd Exp. Date Term DateRe-appt 2ndExpDate 2nd Term 12/02/97 06/25/01 4 Years Ms. LaVeme C. Franklin 450 Henley Drive Naples, FL 34104 District: 3 Category: 352-2868 04/11/00 06/25/03 3 Years Ms. Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 District: 3 Category: 348-3335 04/11/00 06/25/01 I Year Mr. James A. DraytOn 643-3332 884 Briarwood Boulevard 263-0622 Naples, FL 34104 District: 3 Category: Ms. Catherine Askew Quitto ~3'i~t~/°~ 340 WilSon Boulevard North I -,I 304-1218 Naples, FL 34120 District: 2 Category: Ms. Gerry Moore 3390 Mystic River Drive 352-6357 Naples, FL 34120 District: 5 ' Category: 10/12/99 06/25/03 4 Years 04/11/00 06/25/02 2 Years 12/14/99 06/25/03 4 Years Wednesday, November 15, 2000 Page 1 of 2 ~0. Black Affairs Advisory Board Mr. Albert Wahbey 555 Bowline Drive Naples, FL 34102 District: 4 Category: Mr. Fitzgerald A. Frater 2011 River Reach Drive, Apt. 254 Naples, FL 34104 District: 4 Category: Mr. James R. Roath 253 North Barfield Marco Island, FL 34145 District: 1 Category: Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 594-9192 11/03/98 06/25/02 4 Years 591-0133 263-9171 389-2655 389-1646 09/23/97 06/25/01 4 Years 11/14/00 06/25/02 1.5 Years This 9 member board was created on May 14, 1991, by Ord No. 91-38 & 91'77, to identify and evaluate problems unique to the Black Community, review and recommend ways to ensure open communication between minorities and Collier County Govemrnent and provide periodic reports to the Board of County Commissioners. Amended on 08113/91 by Ord. 91-77 to increase membership from 7 to 9 member. Terms are 4 years. ~LSTAT none - Staff: John Dunnuck-lnterim Administrator, Corem Dev & Env Services: 403-2 Wednesday, November 15, 2000 MEMORANDUM DATE: TO: FROM: February 5, 2001 Vinell Hills, Elections Office , ;f Sue Filson, Administrative Assist~tJ/, ~ l 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. BLACK AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Robert G. Jenkins 4541 7th Avenue, N.W. Naples, FL 34119 Thank you for your help. MEMORANDUM DATE: TO: FROM: February 5, 2001 John Dunnuelc, Interim Administrator Community Development and EnTon~ Sue Filson, Administrative Ass~,~ Board of County Commissioners'~___~ Black Affairs Advisory Board Services As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert G. Jenkins 4541 7* Avenue, N.W. Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee' within the .41 day time-flame, and I will prepare an executive ~ for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please .call me at 774-8O97. Thank you for your attention to this matter. SF Attachmems ~3f~. : F'~X NC]. : ,,Tu~· 3~ 2E]I~ 11:431:~'1 P2 Robert G. Jcnkia~ 4541 7m Ave. NW Naples, lq 34119 941-455-9432 Car~r Ob. ieetiv¢ A suitablc position with a solid organization, where my experience and education will be utilized and enhanced. Experience: Bethlehem S{~I Position: Millwright Duties: Mechanical Maintenance for 15 years 72-87. Experience: Grey O~ks Position: Culinary Chef Duties: All aspc~ of O,Ii.~F, Menus, ordering, stock, schedules, Experience: Q,,~,il West Country Club Pos/t'ion: Culinary Chef Duties: All aspect~ of Cul/mu'y, Menu, ordering, stock, schedules. Experience: Real Estate Sales License Position: Sales Dufics: Real Estate Sales Education Associate of Science in Culinary Am Florida Culinary Institute, West p~Im Beach, Florida Management Theory Edison Community Institute, Naples, Fl. Psychology Purdue North Central, Wcstvillc Indiana Cei-tification, Mech. ~tenaneo Academic Center, Michigan City Indiana Real Estate Bert Rodgcrs School of Real Estate, Naples Fl. References upon request. MEMORANDUM DATE: TO: FROM: RE: March 29, 2001 All Commissioners Tom W. Olliff, County Manager David Weigel, County Attorney Commissioner Coletta, District 5 Resolution in support of Senate Bill 714, "Citizens Right to Honest Government Act" By way of this letter, please be informed that I am placing an item on the April 10, 2001 agenda for the Board's consideration of a resolution supporting the "Citizens Right to Honest Government Act". JC:nkr Attachments AGENDA ITEM No. ~o O~ APR 1 0 2001 Pg- I Donna Fiala District 1 James D. Carter, Ph.D. District 2 Tom Henning Distnct 3 Pamela S. Mac'Kie District 4 Jim Coletta District 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 March 29, 2001 The Honorable Butt L. Saunders State Senator, District 25 3301 E. Tamiami Trail Naples, Florida 34112 RE: Citizens Right to Honest Government Act, Senate Bill 714 Dear Senator Saunders: Thank you for your letter of March 26, 2001 and the information on Senate Bill 714, "Citizens Right to Honest Government Act", that you provided to me. I plan to place this on a future agenda for consideration by the Board of County Commissioners as a resolution supporting "Citizens Right to Honest Government Act". Thank you for bringing this to my attention. If I can be of any further assistance to you regarding Senate Bill 714, please do not hesitate to call upon me. issioner, District 5 JC:nkr CC: Commissioner Donna Fiala, District 1 Commissioner James. D. Carter Ph. D, District 2. Commissioner Tom Henning, District 3 Commissioner Pamela S. Mac'Kie, District 4 Tom W. Olliff, County Manager David Weigel, County Attorney AGENDA ITEM No. lOC_ APR 10 zOO1 p~. :2...- Florida Senate - 2001 By Senator Sebesta SB 714 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 20-568-01 A bill to be entitled An act relating to offenses by public servants; creating the "Citizens' Right to Honest Government Act"; amending s. 16.56, F.S.; authorizing the Office of Statewide Prosecution to prosecute violations of ch. 838, F.S.; amending s. 838.014, F.S.; revising, providing, and deleting definitions; amending ss. 838.015 and 838.016, F.S.; increasing penalties; creating ss. 838.022, 838.20, 838.21, 838.22, 838.23, and 838.24, F.S.; providing criminal penalties for official misconduct, criminal misuse of official position, disclosure or use of confidential criminal justice information, and bid tampering; providing status of confidential informants or confidential sources; authorizing public servants who are subjected to an investigation for official misconduct to recover attorney's fees; amending s. 837.02, F.S.; providing a criminal penalty for perjury in an official proceeding by a public servant; amending s. 921.0022, F.S.; deleting specified felonies from and adding specified felonies to the Criminal Punishment Code offense severity ranking chart; repealing s. 838.15, F.S., relating to commercial bribe receiving; repealing s. 838.16, F.S., relating to commercial bribery; amending ss. 112.3173 and 121.091, F.S.; deleting cross-references, to conform; providing an effective date. CODING:Words ~ are deletions; words underlined See HB 3 AGENDA ITEM No. .re additions. APR 1 0 zOu1 pg. --~ Florida Senate - 2001 20-568-01 SB ? 14 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Be It Enacted by the Legislature of the State of Florida: 2 CODING:Words ~ are deletions; words underlin Section 1. This act may be cited as the "Citizens' Right to Honest Government Act." Section 2. Paragraph (a) of subsection (1) of section 16.56, Florida Statutes, is amended to read: 16.56 Office of Statewide Prosecution.-- (1) There is created in the Department of Legal Affairs an Office of Statewide Prosecution. The office shall be a separate "budget entity" as that term is defined in chapter 216. The office may: (a) Investigate and prosecute the offenses of: 1. Bribery, any violation of chapter 838,burglary, criminal usury, extortion, gambling, kidnapping, larceny, murder, prostitution, perjury, robbery, carjacking, and home-invasion robbery; 2. Any crime involving narcotic or other dangerous drugs; 3. Any violation of the provisions of the Florida RICO (Racketeer Influenced and Corrupt Organization) Act, including any offense listed in the definition of racketeering activity in s. 895.02(1) (a), providing such listed offense is investigated in connection with a violation of s. 895.03 and is charged in a separate count of an information or indictment containing a count charging a violation of s. 895.03, the prosecution of which listed offense may continue independently if the prosecution of the violation of s. 895.03 is terminated for any reason; 4. Any violation of the provisions of the Florida Anti-Fencing Act; AGENDA STEM Florida Senate 2001 SB 714 20-568-01 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5. Any violation of the provisions of the Florida Antitrust Act of 1980, as amended; 6. Any crime involving, or resulting in, fraud or deceit upon any person; or 7. Any violation of s. 847.0135, relating to computer pornography and child exploitation prevention, or any offense related to a violation of s. 847.0135, or any attempt, solicitation, or conspiracy to commit any of the crimes specifically enumerated above. The office shall have such power only when any such offense is occurring, or has occurred, in two or more judicial circuit~ a~ purr ~f a related transaction, or when any such offense is connected with an organized criminal conspiracy affecting two or more judicial circuits. Section 3. Section 838.014, Florida Statutes, is amended to read: 838.014 Definitions.--As used in F~ the mu=Foseo of this chapter, the term unless a diff ..... t me&nln~ pl&i~i~ i~ (1) "Benefit" m=an~ gain or advantage, o~ ~nythi~ regarded by the person to be benefited as a gain or advantage, including the doing of an act beneficial to any person in whose welfare he or she is interested, including any commission, gift, gratuity, property, commercial interest, or any other thing of economic value. (2) "Corruptly" or "with corrupt intent" means done with knowledge that the act is wrongful. (3) "Harm" means pecuniary or other loss, disadvantage, or injury to the person affected CODING:Words ~ are deletions; words underl: includinq AGENDA I%EM No. 1~ C pg. ~' Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 loss, disadvantage, or injury to any other person in whose welfare he or she is interested. (4) "Public servant" means: (a) Any officer or employee of a state, county, municipal, or special district agency or entity; (b) Any legislative or judicial officer or employee; (c) Any officer, :~irector, partner, manager, representative, or employee of a nongovernmental entity that is authorized by law or contract to perform a governmental function or provide a governmental service on behalf of a state, county, municipal, or special district agency or entity; (d) Any person who holds an office in a political party or political party committee; (e) Any person, except a witness, who acts as a master, receiver, auditor, juror, arbitrator, umpire, referee, consultant, or hearing officer while performing a governmental function; or (f) A candidate for election or appointment to any of the positions listed in this subsection, or an individual who 31 4 CODING:Words ~ are deletions; words under has been elected to, but has yet to officially assume the responsibilities of, public office. ~, ==~-~z b=.=f~ is ~=.=~ in ~.= fo~..~ of any comm~sszon, ~u, ~zatuity, pzoperty, commezczal ~ntez-est, u~ any ~thez ..... of=~,,~,,,~-= ...... ~alue or e~aployee of ~ove~nment, .berber elected o~ appointed, No. 10C Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 judicial ~ff ........ y person who .......... ff ..... position ~I ~r~ ~ - ........ party co ..... it in a polit ..... ~y ~ .... elected or appointed, and a=~ person pa~ticlpating as ~ff ....... , ...... _ teiia does not ~ .... ~ ............. .... l=d ............ uch ...... shall -- - ...... ff~= ~t sliall include any p=zson =ppoint=d to an~ of ~h= foze~oin~ ~ff .......... m~ ........ she qualifies. '') ............. done roi ....... ~ ..... ' --- ' ' co.,pensat~on fu~ =,,~ b=.=f~= zesultin~ f~,,, ou ..... ~ oz omission of a '' ~ ......... ~-= ' ~ ..... ~ ...... ~ - proper pe~fo~,,ance of ................. :-- Section 4. S~section (3) of section 838.015, Florida Statutes, is amended to read: 838. 015 Bribe~. -- (3) ~y person who commits bribe~ commits ~ a felony of the second ~ degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Section 5. S~section (4) of section 838.( Statutes, is amended to read: CODING:Words ~ are deletions; words underlined 16, N0.__ZO_ C-_. _ APR ~re ~d. itions. ~ i Florida Senate - 2001 20-568-01 SB 714 See I{B 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 838.016 Unlawful compensation or reward for official behavior.-- (4) Whoever violates the provisions of this section commits shall be q~ilt~ ~ a felony of the second thiid degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Section 6. Sections 838.022, 838.20, 838.21, 838.22, 838.23, and 838.24, Florida Statutes, are created to read: 838.022 Official misconduct.-- (1) It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause harm to another, to: (a) Falsify, or cause another person to falsify, any official record or official document; (b) Conceal, cover up, destroy, mutilate, or alter any official record or official document or cause another person to perform such an act; or (c) Obstruct, delay, or prevent the communication of information relating to the commission of a felony that directly involves or affects the public agency or public entity served by the public servant. (2) For the purposes of this section: (a) The term "public servant" does not include a candidate who does not otherwise qualify as a public servant. (b) An official record or official document includes 6 CODING:Words ~ are deletions; words underl: only public records. (3) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.20 Criminal misuse of official po~~_F_-'-.'~.~{~-~ No._ Pg. Florida Senate - 2001 20-568-01 SB 714 See }tB 3 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (1) It is unlawful for any public officer or public employee to corruptly use or attempt to use his or her official position, or any public property or public resource within his or her trust, to: (a) Establish any business relationship between the public officer's or public employee's own agency and any business entity in which the public officer or public employee receives or has an expectation of receiving a benefit; or (b) Perform his or her official duties to secure for himself or herself a benefit that is not generally available to the public. (2) /%ny person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.21 Disclosure or use of confidential criminal justice information.--It is unlawful for a public servant, with intent to obstruct, impede, or prevent a criminal investigation or a criminal prosecution, to disclose active criminal investigative or intelligence information as defined in chapter 119 or to disclose or use information regarding either the efforts to secure or the issuance of a warrant, subpoena, or other court process or court order relating to a criminal investigation or criminal prosecution when such information is not available to the general public and is gained by reason of the public servant's official position. Any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.22 Bid tampering.-- (1) As used in this section, the term: 31 7 CODING:Words s~ are deletions; words underl! AGENDA ITEM APR 1 0 u01 ed are additions. P~i- C~ _ Florida Senate - 2001 20-568-01 SB 714 See HB 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (a) "Bid" includes a response to an "invitation to bid" or "request for proposals" as those terms are defined in s. 287.012. (b) "Commodity" means any ~oods, merchandise, wares, produce, chose in action, land, article of commerce, or other tangible or intangible property, real, personal, or mixed, for use, consumption, production, enjoyment, or resale. (c) "Service" means any kind of activity performed in whole or in part for economic benefit. (2) It is unlawful for a public servant, with corrupt intent to influence or attempt to influence the competitive bidding process undertaken by any state, county, municipal, or special district a~ency, or any other public entity, for the procurement of commodities or services, to: (a) Disclose material information concerning a bid or other aspects of the competitive biddinq process when such information is not publicly disclosed. (b) Establish a bid specification, contract specification, request for proposal, invitation to bid, or other material aspect of the competitive biddinq process that provides an unfair competitive advantage to any person who submits a bid. (c) Alter or amend a submitted bid, documents or other 8 CODING:Words ~t=-i-c4c~n are deletions; words underlin~ materials supportinq a submitted bid, or bid results for the purpose of providinq an unfair competitive advantage to any person who submits a bid. (3) It is unlawful for a public servant, with corrupt intent to obtain a benefit for any person or to cause unlawful harm to another, to circumvent a competitive biddin~ process required by law or rule by usin~ a sole-source commodities or services. NO. arAPR e ~ddmuions. Florida Senate 2001 SB 714 20-568-01 See }tB 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (4) It is unlawful for any person to knowingly agree, conspire, combine, or confederate, directly or indirectly, with a public servant to violate subsection (2) or subsection (3). (5) It is unlawful for any person to knowingly enter into a contract for commodities or services which was secured by a public servant acting in violation of subsection (2) or subsection (3). (6) Any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 838.23 Status of confidential informants and confidential sources.--A person who provides information regarding suspected criminal violations committed by a public servant as defined in s. 838.014 shall be considered a confidential informant or confidential source pursuant to s. 119.07(3) (c) . 838.24 Attorney's fees.--If a public servant is arrested or prosecuted for an alleged violation of this chapter and either the criminal charges are dismissed or the public servant is acquitted, the public servant may petition the employing public agency to award attorney's fees for the costs incurred by the public servant in defending against those charqes. The employing public agency shall award attorney's fees to the public servant upon a finding that the public servant's actions arose out of or in connection with the performance of his or her official duties and se~-ved a public purpose. Section 7. Section 837.02, Florida Stat~ amended to read: 837.02 Perjury in official proceedings. 9 CODING:Words st~ are deletions; words underlin AGENDA ITEM No. APR 1 0 2OOl Pg. Florida Senate - 2001 20-568-01 SB 714 See HB 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 (1) Except as provided in subsections ~ (2) and (3), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (2) Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) Any public servant, as defined in s. 838.014, who makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter that relates to his or her duties or actions as a public servant commits a felony of the second degree, punishable as provided in s. 775.082, s. 775. 083, or s. 775. 084. (4) (3) Knowledge of the materiality of the statement is not an element of the crime of perjury under subsection (1) ,? subsection (2), or subsection (3) ,and the defendant's mistaken belief that the statement was not material is not a defense. Section 8. Paragraphs (a), (f), and (g) of subsection (3) of section 921.0022, Florida Statutes, are amended to' '~ read: 921.0022 Criminal Punishment Code; offeIlse severi, tv~.-~- ~ ranking chart.-- No ..... Q.Q_~__---- ( 3 ) OFFENSE SEVERITY RANKING CHART 10 Pg -_ CODING:Words ~ are deletions; words underlined are additions. Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Florida Felony Statute Degree Description 24. 118 (3) (a) 3rd 212.054 (2) (b) 3rd 212.15 (2) (b) 3rd 319.30(5) 3rd 319.35(1) (a) 3rd 320.26(1) (a) 3rd 322.212 (1) 3rd 322.212 (4) 3rd 322.212 (5) (a) 3rd 11 CODING:Words ~-tr~-ck-e~ are deletions; words underli] (a) LEVEL 1 Counterfeit or altered state lottery ticket. Discretionary sales surtax; limitations, administration, and collection. Failure to remit sales taxes, amount greater than $300 but less than $20,000. Sell, exchange, give away certificate of title or identification number plate. Tamper, adjust, change, etc., an odometer. Counterfeit, manufacture, or sell registration license plates or validation stickers. Possession of forged, stolen, counterfeit, or unlawfully issued driver's license; possession of simulated identification. Supply or aid in supplying unauthorized driver's license or identification card. False application for driver's license or identif] ~-:----- ca~-~-,~"''-~ AGENDA TT£M APR 10 zou Florida Senate - 2001 20-568-01 SB 714 See HB 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 370.13 (3) (a) 3rd 370.135(1) 3rd 372.663 (1) 3rd 414.39 (2) 3rd 414.39(3) (a) 3rd 443. 071 (1) 3rd 509. 151 (1) 3rd 517.302(1) 3rd 562.27(1) 3rd 713.69 3rd 12 CODING:Words ~ are deletions; words underlin Molest any stone crab trap, line, or buoy which is property of licenseholder. Molest any blue crab trap, line, or buoy which is property of licenseholder. Poach any alligator or crocodilia. Unauthorized use, possession, forgery, or alteration of food stamps, Medicaid ID, value greater than $200. Fraudulent misappropriation of public assistance funds by employee/official, value more than $200. False statement or representation to obtain or increase unemployment compensation benefits. Defraud an innkeeper, food or lodging value greater than $300. Violation of the Florida Securities and Investor Protection Act. Possess still or still apparatus. Tenant removes property upon which lien has acc~L=d, ~~-~'~-~ more than $50. NO..___/_~ ~ APR 10 ZUdl pg. l~ Florida Senate - 2001 20-568-01 SB 714 See PIB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 812.014(3) (c) 3rd 812. 081 (2) 3rd 815.04 (4) (a) 3rd 817.52(2) 3rd 826.01 3rd 828.122(3) 3rd 831.04(1) 3rd 831.31(1) (a) 3rd 832. 041 (1) 3rd 832.05 (2) (b)&(4) (c) 3rd Petit theft (3rd conviction); theft of any property not specified in subsection (2). Unlawfully makes or causes to be made a reproduction of a trade secret. Offense against intellectual property (i.e., computer programs, data). Hiring with intent to defraud, motor vehicle services. Bigamy. Fighting or baiting animals. Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28. Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs. Stopping payment with intent to defraud $150 or more. Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more. 13 CODING:Words s~ are deletions; words underlin AGENDA. J T_~M APR I 0 Z ul Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 '13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 843.18 3rd 847. 011(1) (a) 3rd 849.01 3rd 849.09(1) (a)- (d) 3rd 849.23 3rd 849.25 (2) 3rd 860.08 3rd 860.13 (1) (a) 3rd 893.13 (2) (a)2. 3rd 893.13 (6) (a) 3rd 893.13 (7) (a) 10. 3rd 934.03 (1) (a) 3rd 316.027(1) (b) 2nd Co~,~ ...... iai b~ibe~y. Fleeing by boat to elude a law enforcement officer. Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction). Keeping gambling house. Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery. Gambling-related machines; "common offender" as to property rights. Engaging in bookmaking. Interfere with a railroad signal. Operate aircraft while under the influence. Purchase of cannabis. Possession of carina]Dis (more than 20 grams). Affix false or forged label to package of controlled substance. Intercepts, or procures any other person to intercept, any wire or oral communication. (f) LEVEL 6 Accident involving to stop; leaving sc~ 14 CODING:Words ~ are deletions; words underlin( AGENDA ITEM ne. NO._ ! Pg. /(~ Florida Senate - 2001 20-568-01 SB 714 See ~IB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 316.193 (2) (b) 3rd 775.0875(1) 3rd 775.21 (10 3rd 784.021(1) (a) 3rd 784.021 1) (b) 3rd 784. 041 784 048 3) 3rd 3rd 784 048 5) 3rd 784 07(2) (c) 2nd 784 08 (2) (b) 2nd 784 081(2) 2nd 784 082 (2) 2nd 784.083 (2) 2nd 787.02(2) 3rd Felony DUI, 4th or subsequent conviction. Taking firearm from law enforcement officer. Sexual predators; failure to register; failure to renew driver's license or identification card. Aggravated assault; deadly weapon without intent to kill. Aggravated assault; intent to commit felony. Felony battery. Aggravated stalking; credible threat. Aggravated stalking of person under 16. Aggravated assault on law enforcement officer. Aggravated assault on a person 65 years of age or older. Aggravated assault on specified official or employee. Aggravated assault by detained person on visitor or other detainee. Aggravated assault on code inspector. False imprisonmeni with purpose othe: 31 s. 787.01. 15 CODING:Words st~ are deletions; words underl~ APR 1 0 ned are addition~& Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 790.115 (2) (d) 2nd 790.161(2) 2nd 790. 164 (1) 2nd 790.19 2nd 794. 011 (8) (a) 3rd 794.05(1) 2nd 800.04 (5) (d) 3rd 800.04 (6) (b) 2nd 806.031 (2) 2nd 810.02(3) (c) 2nd Discharging firearm or weapon on school property. Make, possess, or throw destructive device with intent to do bodily harm or damage property. False report of deadly explosive or act of arson or violence to state property. Shooting or throwing deadly missiles into dwellings, vessels, or vehicles. Solicitation of minor to participate in sexual activity by custodial adult. Unlawful sexual activity with specified minor. Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years. Lewd or lascivious conduct; offender 18 years of age or older. Arson resulting in great bodily harm to firefighter or any other person. Burglary of unarmed; no 16 CODING:Words ~ are deletions; words u AGENDA ITEM ~ssa]lI-~ or battery. APR 10 2001 .der~d ~-rc additi Ins . Florida Senate - 2001 20-568-01 SB 714 See bib 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 812. 014 (2) (b) 2nd 812.13 (2) (c) 2nd 817. 034 (4) (a) 1. 1st 817. 4821 (5) 2nd 825.102 (1) 3rd 825.102 (3) (c) 3rd 825.1025 (3) 3rd 825.103 (2) (c) 3rd 827.03 (1) 3rd 827.03 (3) (c) 3rd 827. 071 (2) & (3) 2nd 836.05 2nd 836.10 2nd 838.21 3rd Property stolen $20,000 or more, but less than $100,000, grand theft in 2nd degree. Robbery, no firearm or other weapon (strong-arm robbery). Communications fraud, value greater than $50,000. Possess cloning paraphernalia with intent to create cloned cellular telephones. Abuse of an elderly person or disabled adult. Neglect of an elderly person or disabled adult. Lewd or lascivious molestation of an elderly person or disabled adult. Exploiting an elderly person or disabled adult and property is valued at less than $20,000. Abuse of a child. Neglect of a child. Use or induce a child in a sexual performance, or promote or direct such performance. Threats; extortion. Written threats to kill or do bodily injury. Disclosure or use of confidential 843.12 3rd 17 CODING:Words ~ are deletions; words u~ criminal justice information. Aids or assists person to escape. ~l~.r~~ AGENDA ITEM No. APR 10 ZOO1 Pg. /~7 Florida Senate 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 847.0135(3) 3rd 914.23 2nd 943.0435(9) 3rd 944.35(3) (a)2. 3rd 944.40 2nd 944.46 3rd 944.47 (1) (a) 5. 2nd 951.22 (1) 3rd 316.193(3) (c)2. 3rd 327.35 (3) (c)2. 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. Retaliation against a witness, victim, or informant, with bodily injury. Sex offenders; failure to comply with reporting requirements. Committing malicious battery upon or inflicting cruel or inhuman treatment on an inmate or offender on community supervision, resulting in great bodily harm. Escapes. Harboring, concealing, aiding escaped prisoners. Introduction of contraband (firearm, weapon, or explosive) into correctional facility. Intoxicating drug, firearm, or weapon introduced into csunty facility. (g) LEVEL 7 DUI resulting in serious bodily injury. Vessel BUI resulting in serious bodily injury. 18 CODING:Words st~ are deletions; words underlined are additions. AGENDA Nc) o__~ APR 1 0 Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 402.319 (2) 2nd 409. 920 (2) 3rd 456. 065 (2) 3rd 456.065 (2) 2nd 458.327(1) 3rd 459.013 (1) 3rd 460.411(1) 3rd 461.012 (1) 3rd 462.17 3rd 463.015 (1) 3rd 464.016 (1) 3rd 465.015(2) 3rd 466.026 (1) 3rd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. Medicaid provider fraud. Practicing a health care profession without a license. Practicing a health care profession without a license which results in serious bodily injury. Practicing medicine without a license. Practicing osteopathic medicine without a license. Practicing chiropractic medicine without a license. PractIcing podiatric medicine without a license. Practicing naturopathy without a license. Practicing optometry without a license. Practicing nursing without a license. Practicing pharmacy without a license. Practicing dentistry or dental hygiene without a license. 19 CODING:Words ~ are deletions; words underlined are. additions. AGENDA ITEM No. /c> e_ APR 1 0 ZOO1 Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 467.201 3rd 468.366 3rd 483.828 (1) 3rd 483. 901 (9) 3rd 484. 053 3rd 494.0018 (2) 1st 560.123(8) (b) l. 3rd 560.125(5) (a) 3rd 655.50(10) (b) l. 3rd Practicing midwifery without a license. Delivering respiratory care services without a license. Practicing as clinical laboratory personnel without a license. Practicing medical physics without a license. Dispensing hearing aids without a license. Conviction of any violation of ss. 494.001-494.0077 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims. Failure to report currency or payment instruments exceeding $300 but less than $20,000 by money transmitter. Money transmitter business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 20 CODING:Words ~ are deletions; words unt APR 1 0 Pg. S. Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 782. 051 (3) 2nd 782.07(1) 2nd 782.071 2nd 782.072 2nd 784.045 (1) (a)l. 2nd 784 045 (1) (a) 2. 2nd 784 045 (1) (b) 2nd 784 048 (4) 3rd 784 07 (2) (d) 1st 784 08 (2) (a) 1st 784 081 (1) 1st 21 CODING:Words ~ are deletions; words ur Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). Killing of human being or viable fetus by the operation of a motor vehicle in a reckless manner (vehicular homicide). Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). Aggravated battery; intentionally causing great bodily harm or disfigurement. Aggravated battery; using deadly weapon. Aggravated battery; perpetrator aware victim pregnant. Aggravated stalking; violation of injunction or court order. Aggravated battery on law enforcement officer. Aggravated battery on a person 65 years of age or older. Aggravated battery on specified official or employee. ~er ,,~ .~D~J%~iti¢ Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 784.082 (1) 1st 784.083(1) 1st 790.07 (4) 1st 790.16(1) 1St 790.166 (3) 2nd 796.03 2nd 800.04 (5) (c)l. 2nd 800.04 (5) (c)2. 2nd 806.01 (2) 2nd 810.02 (3) (a) 2nd 810.02 (3) (b) 2nd 810.02 (3) (d) 2nd Aggravated battery by detained person on visitor or other detainee. Aggravated battery on code inspector. Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2) . Discharge of a machine gun under specified circumstances. Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. Procuring any person under 16 years for prostitution. Lewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years. Lewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older. Maliciously damage structure by fire or explosive. Burglary of occupied dwelling; unarmed; no assault or battery. Burglary of unoccupied dwelling; unarmed; no assault or battery. Burglary of occupied conveyance; unarmed; no assault or battery. 22 CODING:Words ~ are deletions; words un, AG NDA IT [er,]~.e~ are a~itio= APR 1 0 2001 Pg. ~3 kS. Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 812.014(2) (a) 1st 812.019 (2) 1st 812.131(2) (a) 2nd 812. 133 (2) (b) 1st 825.102 (3) (b) 2nd 825.1025 (2) 2nd 825.103 (2) (b) 2nd 827.03 (3) (b) 2nd 827.04(3) 3rd 837.02(3) 2nd 23 CODING:Words st~ are deletions; words Property stolen, valued at $100,000 or more; property stolen while causing other property damage; 1st degree grand theft. stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property. Robbery by sudden snatching. Carjacking; no firearm, deadly weapon, or other weapon. Neglecting an elderly person or disabled adult causing great bodily harm, disability, or dis f igurement. Lewd or lascivious battery upon an elderly person or disabled adult. Exploiting an elderly person or disabled adult and property is valued at $20,000 or more, but less than $100,000. Neglect of a child causing great bodily harm, disability, or dis f igurement. Impregnation of a child under 16 years of age by person 21 years of age or older. Perjury by a public servant in an official proceedinq. under[ln~e'~ are addi APR 1 0 001 Pg. ions. Florid& Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 837.05(2) 3rd 838.015 2nd 838.016 2nd 838.021(3) (a) 2nd 838.022 2nd 838.20 2nd 838.22 2nd 872.06 2nd 893.13 (1) (c)l. 1st 893.13 (1) (e)l. 1st 893.13(4) (a) 1st Giving false information about alleged capital felony to a law enforcement officer. Bribery. Unlawful compensation or reward for official behavior. Unlawful harm to a public servant. Official misconduct. Criminal misuse of official position. Bid tampering. Abuse of a dead human body. Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03 (1} (a), (1) (b), (1) (d), (2) (a), (2) (b), or (2) (c)4.) within 1,000 feet of a child care facility or school. Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03 (1) (a), (1) (b), (1) (d), (2) (a), (2) (b), or (2) (c)4., within 1,000 feet of property used for religious services or a specified business site. Deliver to minor cocaine (or other s. 893.03 (1) (a), (1) (b), (1) (d), (2) (a), (2) (b), or (2) (c)4. drugs) . 24 CODING:Words ~ are deletions; words '~?r!inc~_ ?re ~ ons. -----A'E'E'ND'A ~TEM r o. APR 10 2001 Pg ..... Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 893.135 (1) (a) l. 1st 893 .135 (1) (b) l.a. 893.135 (1) (c)l.a. 893.135 (1) (d) 1. 1st 1st 1st 893.135 (1) (e)l. 1st 893.135 (1) (f)l. 1st 893.135 (1) (g) l.a. 893. 135 (1) (h) l.a. 1st 1st Trafficking in cannabis, more than 50 lbs., less than 2,000 lbs. Trafficking in cocaine, more than 28 grams, less than 200 grams. Trafficking in illegal drugs, more than 4 grams, less than 14 grams. Trafficking in phencyclidine, more than 28 grams, less than 200 grams. Trafficking in methaqualone, more than 200 grams, less than 5 kilograms. Trafficking in amphetamine, more than 14 grams, less than 28 grams. Trafficking in flunitrazepam, 4 grams or more, less .than 14 grams. Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 25 CODING:Words st~ are deletions; words und APR 10 ZULt pg. ~.~ d, Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 893. 135 (1) (i)l.a. 893. 135 (1) (j)2.a. 1st 1st 896.101 (5) (a) 3rd Trafficking in 1,4-Butanediol, 1 kilogram or more, less then 5 kilograms. 896.104 (4) (a) l. 3rd Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. Money laundering, financial transactions exceeding $300 but less than $20,000. Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. Section 9. Sections 838.15 and 838.16, Florida Statutes, are repealed. Section 10. Paragraph (e) of subsection (2) of section 112.3173, Florida Statutes, is amended to read: 112.3173 Felonies involving breach of public trust and other specified offenses by public officers and employees; forfeiture of retirement benefits.-- (2) DEFINITIONS.--As used in this section, unless the context otherwise requires, the term: (e) "Specified offense" means: 1. The committing, aiding, or abetting of an embezzlement of public funds; 2. The committing, aiding, or abetting of any theft by a public officer or employee from his or her employer; 26 CODING:Words ~ are deletions; words undt No. /aC _ APR Pg. ,.~? Florida Senate - 2001 20-568-01 SB 714 See h-B 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 3. Bribery in connection with the employment of a public officer or employee; 4. Any felony specified in chapter 838,~. 5. The committing of an impeachable offense; or 6. The committing of any felony by a public officer or employee who, willfully and with intent to defraud the public or the public agency for which the public officer or employee acts or in which he or she is employed of the right to receive the faithful performance of his or her duty as a public officer or employee, realizes or obtains, or attempts to realize or obtain, a profit, gain, or advantage for himself or herself or for some other person through the use or attempted use of the power, rights, privileges, duties, or position of his or her public office or employment position. Section 11. Paragraph (f) of subsection (5) of section 121.091, Florida Statutes, is amended to read: 121.091 Benefits payable under the system.--Benefits may not be paid under this section unless the member has terminated employment as provided in s. 121.021(39) (a) or begun participation in the Deferred Retirement Option Program as provided in subsection (13), and a proper application has been filed in the manner prescribed by the department. The department may cancel an application for retirement benefits when the member or beneficiary fails to timely provide the information and documents required by this chapter and the department's rules. The department shall adopt rules establishing procedures for application for retirement benefits and for the cancellation of such application when the required information or documents are not received. 27 CODING:Words ~ are deletions; words und( rlin~E~ ~d~ i on., No. /R ~ APR 1 0 2001 Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 (5) TERMINATION BENEFITS.--A member whose employment is terminated prior to retirement retains membership rights to previously earned member-noncontributory service credit, and to member-contributory service credit, if the member leaves the member contributions on deposit in his or her retirement account. If a terminated member receives a refund of member contributions, such member may reinstate membership rights to the previously earned service credit represented by the refund by completing 1 year of creditable service and repaying the refunded member contributions, plus interest. (f) Any member who has been found guilty by a verdict of a jury, or by the court trying the case without a jury, of committing, aiding, or abetting any embezzlement or theft from his or her employer, bribery in connection with the employment, or other felony specified in chapter 838,~ .............. committed prior to retirement, or who has entered a plea of guilty or of nolo contendere to such crime, or any member whose employment is terminated by reason of the member's admitted commitment, aiding, or abetting of an embezzlement or theft from his or her employer, bribery, or other felony specified in chapter 838, except ss. 838.15 and 838.16, shall forfeit all rights and benefits under this chapter, except the return of his or her accumulated contributions as of the date of termination. Section 12. This act shall take effect October 1, 2001. 28 CODING:Words st~ are deletions; words und~ APR 10 2001 Florida Senate - 2001 20-568-01 SB 714 See HB 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 ***************************************** LEGISLATIVE SUMMARY Creates the "Citizens' Riqht to Honest Government Act." Authorizes the Office of ~tatewide Prosecution to investigate and prosecute violations of ch. 838, F.S. Revi~es, provides, and deletes definitions. Increases th~ Denalties for bribery and unlawful compensation oK rew~rd · or official behavior to a second-degree ielony, wroviaes penalties for official misconduct, criminal misuse of official position~ disclosure or use of confidential criminal justice_Information_by a~p~ublic ~ervgnt, and bid tampering. Provides status o~ conIlaentia± informants or confidential sources. AUthorizes public servants who are subjected to an investigation.~or official m~scondu~t to recover attorney's f~es. Prov%d~s a penal~y ~or perjury by a Dublic servant in an official proce~lng. Ranns v~ola%ions of ch. 838, F.S., in the Criminal Punishment Code offense severity ranking chart. Repeals provi~ipns relating to commercial bribe receiving an~ commercla± bribery. 29 CODINg:Words st-r~ are deletions; we ND IT M rdSN~, ~er ~ine~ are APR 1 0 zOO1 .ddit ions. pg. EXECUTIVE SUMMARY APPROVAL OF THE MORTGAGE AND PROMISSORY NOTE FOR A THREE HUNDRED THOUSAND ($300,000) DOLLAR LOAN TO HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. OBJECTIVE: To increase the supply of workforce housing in Collier County. CONSIDERATION: The Collier County Department of Housing & Urban Improvement has set aside $300,000 from the State Housing Initiative Partnership (SHIP) .funds for a zero interest loan to Habitat for Humanity of Collier County, Inc. This zero interest loan is provided for by the Land Acquisition/Transfer With New Construction strategy approved by the Board of County Commissioners in the three-year SHIP Housing Assistance Plan on September 1, 1998. FISCAL IMPACT: Approval of this Mortgage and Note will grant a $300,000 loan to Habitat for Humanity of Collier County, Inc. from the Affordable Housing Trust Fund. The loan shall be repaid over five years in $60,000 increments. Total payments shall be $300,000 due by April 30, 2006. Recording costs will be paid to the Clerk of Courts from the Affordable Housing Trust Fund. GROWTH MANAGEMENT IMPACT: This loan to Habitat for Humanity of Collier County, Inc. will allow Collier County to enhance the development of workforce housing in accordance with the Housing Element of the Growth Management Plan of Collier County. RECOMMENDATION: That the Board of County Commissioners approve the Mortgage and Promissory Note. SUBMITTED BY: REVIEWED BY: APPROVED BY: ~x.. Date: "~-.~.¢ Cormac J. Giblin, Manager Department of Housing and Urban Improvement Department(,~ .-----~ --/°f Housing a?ff Urban, .Impr°vement j 4 ,1 '~ Date: J~n M. Dunnuck III, Interim Administrator C~mmunity Development and Environmental Services Divi'sion APR'i 0 2001 Pg. / _ Prepared by: Collier County Housing and Urban Improvement Dept. Mr. Cormac Giblin, HUI Manager 2800 N. Horseshoe Dr. Naples, FL 34104' 941-403-2330 MORTGAGE Secur&ty Instrument THIS SPACE FOR RECORDING THIS SECURITY INSTRUMENT is given on Mamh 28, 2001. The Borrower is: Habitat for Humanity-of Collier County, Inc. ("Borrower"). This Security Instrument is given to Collier Cowry ("Lender"). which is organized and existing under the laws of the United States of America. and whose address is 2800 North Horseshoe Drive, Naples, Flori<:].a 34014 . Borrower owes Lender the sum of Three Hunclre,..1 ThouB,,nc~ Dollars (U.S. $ 300,000.00 ). This debt is evidenced by Borrower's Note dated the same date as this Secudty Instrument which provides for monthly payments, with the full debt. if not paid earlier, due and payable on A~ril 30, 2 0 0 6. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the N~te, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest advanced under paragraph 7 to protect the security of the Security Instrument; and (c) the performance of BorroweCs covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby second mortgage, grant and convey to Lender the following described property located in Collier County, Florida. As more particularly described in Attachment A. (Legal Description) and which has the address of: ("Property Address"): Habitat Place PUD TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by the Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property". BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the dght to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims.and demands, subject to any er]cumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variation by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 2. Taxes, The Mortgagor will pay all taxes, assessments, sewer rents or water rates pdor to the accrual of any penalties or interest thereon. The Mortgagor shall pay or cause to.be paid, as the same respectively become due,.(A)(1) all taxes and governmental charges of any kind whatsoever which may at any time be lawfully assessed or levied against or with respect to the Property, (2) all utility and other charges, including "service charges', incurred or imposed for the operation, maintenance, use, occupancy, upkeep and improvement of the Property, and (3) all assessments or other governmental charges that may lawfully be paid in installments over a period of years, the Mortgagor shall be obligated under the Mortgage to pay or cause to be paid only such installments as are required to be paid during the term of the Mortgage, and shall, promptly after the payment of any of the foregoing, forward to Mortgagee evidence of such payment. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender. shall be applied; first, to interest due; and, to principal due; and last, to any late charges due under the Note, 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the . Propem/which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this paragraph, and ail receipts evidencing the . payments. Borrower shall promptly discharge any lien which has priority over this Secudty Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) con~ests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender determines that any part of the Property is subject to a lien. which may attain pr!ority over the Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Allhough Lender may. take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. AGElyI~A APR 1 0 2001 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby . assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower, In the event of a partial taking of the Property, in which the fai~' market value of the Properly immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduc( by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately b 'ore the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid ~,~ Borrower. in the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately for the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 or change the amount of such payments. 8. Borrower Not Released, Forbearance By Lender Not a Waiver. Extension of the time for payment or modification'of amortization of the sums secured by this Security instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 9. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Secudty Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the Provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several..~my Borrower who co-signs this Security instrument but does not execute the Note; (a) is co-signing this Secudty instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Secudty Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 10. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 11. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law required use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given to Borrower or Lender when given as provided in this paragraph. 12. Governing Law; Severability. This Security Instrument shall be governed by federal taw and the law of the junsdiction in which the Property is located. In the event that any provision or clause of this Secudty Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 13. Borrower's Copy. Borrower shall be given One conformed copy of the Note and of this Security Instrument. 14. Transfer of the Property or a Benelicial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercised this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 15. Borrower's Right 1o Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: {a) pays Lender all sums which then would be due under this Secudty Instrument and the Note as if no acceleration had occurred; (b) cures and default of any other covenants or agreements; (c) pays alt expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinslate shall not apply in the case of acceleration under paragraph 17. 16. Sale of Nota; Change of Loan Ssrvicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. if there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 and applicable law. The notice will · state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable taw. 17. Hazardous Substances../Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice for any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law' means federal laws and laws of the jurisdiction where lhe Property is located thai relate to health, safety or environmental protection. NO. ~ APR 1 0 2001 18. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the forec' sure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the del ~lt is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of. ' sums secured by this Security Instrument without further demand and may foreclose this Security instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorney's fees and costs of the title evidence. 19. Release, Upon payment of all sums secured by this Security Instrument, Lender shall release this Security Instrument, without charge, to Borrower. Borrower shall pay any recordation costs. 20. Attorneys' Fees. As used in this Security Instrument and the Note, "attorneys' fees" shall include any attorneys' fees awarded by an apbellate court. SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Signed, sealed an.d delivered in the presence of: Witness#I: Signature: L() ,', Signature: rower: ~amuel J~so M~D., Preaident Address: 11550 Tamiami Tra&l East Naples, Florida 3&113 STATE OF Florida COUNTY OF Collier The foregoing Mortgage was acknowledged before me this March 28, 2001 by Samuel J. Dureo M.D., (date) (name) of Habitat for Humanity of Collier County, Inc.; a Florida Corporation. He is personally_known tp~ or has produced (corporation name) as identification. signature of person"ta~d~g ac~owledgment /. x., t, ,-~,.-~ -~¥ /__~ <-.-.,-~.i name of person typed; stamped title serial # (if any) APR 1 0 2001 Attachment A, Legal Description: Habitat Place PUD- LEGAL DESCRIPTION A parcel of land lying within Section 12, Township 51 South, Range 26 East, Collier County, Florida, being more specifically described as follows: From the intersection of the South line of Section 12, Township 51, Range 26 East, Collier County, Florida with the Southwesterly Right-Of-Way line of State Road gg0 (U.S. Route 41 Tamiami Trail) run N 54°21'W, along said Right-Of-Way line for 1,500.00 feet to the POINT OF BEGINNING thence S 35°39'W for 400 feet; thence S 54°21'E, parallel with said Right-Of-Way line 500.00 feet; thence S 35°39'W for 319.9 feet to the South line of Section 12; thence S 89°54'W along said South line for 1,232.18 feet; thence N 35°39'E for 1,439.79 feet to the aforesaid Right-Of- Way; thence S 54°21'E along said line for 500.00 feet to the POINT OF BEGINNING containing 20.198 acres, more or less, but subject to all legal highways. APR 1-0 2001 Pg,___ ~ _ March 28, 2001 PROMISSORY NOTE Eorrower: Habitat for Humanity of Collier County, Habitat Place PUD Naples (Property Address) Inc. Flor!~m (City) (State} BORROWER(S) PROMISE TO PAY: I/We promise to pay Three Hundred Thousand Doll&rs ($300,000.00) (this amount will be called "principal") to the order of Collier County or to any other holder of this Note (the "Lender"), whose address is 2800 Horseshoe Drive North, Naples, Florida 34104 . I/We understand that the Lender may transfer the Promissory Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder". INTEREST: Interest on this Note shall be zero percent (0%) per annum; except that if I/We fail to pay this Note as required, the interest rate shall be twelve percent (12%) per annum from the date when payment of this Note is due until i/We pay it in full. PAYMENTS: Principal payments of $60,000.00 shall be made yearly on April 10=h cf each year to the Collier County Housing and Urban Improvement Department until payment in full is received by April 10, 2006. My/Our total payment shall be U.S. $300,000.00 . BORROWER'S RIGHT TO PREPAY: I/We have the right to n~ke payments of principal at any time before they are due. A payment of principal only is know as a "prepayment". When I/We make a prepayment, I/we will tell the Note Holder in writing that I/we am doing so. I/We may make a full prepayment or partial prepayment charge. The Note Holder will use all of my prepayments to reduce the amount of the principal that I owe under this Note. If I/We make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. If I/We make a partial prepayment, there will be no prepayment penalty adhering to or associated with such prepayment LOAN CHARGES: If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits; then Ii) any such loan charges shall be reduced by the araount necessary to reduce the charges to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me/us. The Note Holder may choose to make this refund by reducing the principal that I/We owe under this Note or by making a direct payment to me/us. If a refund reduces principal, the reduction will be treated as a partial prepayment. SUBOPJDINATION: Lender and Borrower acknowledge and agree that this Security Instrument is subject and subordinate in all respects to the liens, terms, covenants and conditions of any First Deed of Trust or mortgage and to all advances heretofore made or which may hereafter be made pursuant to the First Deed of Trust or mortgage including all sums advanced for the purpose of (a} protecting or further securing the lien of the First Deed of Trust or mortgage, curing defaults by the Borrower under the First Deed of Trust or mortgage or for any other purpose expressly permitted by the First Deed of Trust or mortgage or (b) constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Deed of Trust or mortgage are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure or deed in lieu of foreclosure of the First Deed of Trust, any provisions herein"6'r any provisions in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect ou subsequent owners or purchasers of the Property. Any person, including his successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property through a foreclosure or deed in lieu of foreclosure of the First Deed of Trust shall receive title to the Property free and clear from such restrictions. Further, if the Senior Lien Holder acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Security Instrument shall automatically terminate upon the Senior Lien Holder's acquisition of title, provided that {i) the Lender has been given written notice of a default under the First Deed of Trust and (ii) the Lender shall not have cured the default under the First Deed of Trust within the 30-day period provided in such notice sent to the Lender. BORROWER(S) FAILu~E TO PAY AS REQUESTED: (A) Default If I/we do not pay the full amount as required in Section 3 above, I/we will be in default. If I am in default, the Note Holder may bring absut any actions not prohibited by applicable law and require me/us to pay the Note Holder's cost and expenses as described in (B) below. (B) Payment of Note Holder's cost and Expenses If t~e Note Holder takes such actions as described above, the Note Holder will haw right to be paid back for all of its costs and expenses, including, but not limite( reasonable attorneys' fees. GIVING OF NOTICES: Unless applicable law required a different method, any notice tha~ be given to me/us under the Note will be given by delivering it or by mailing it by class mail to me at the Property Address on Page I or at a different address if I/w( 1 the tO, : : APR 1 b 200 give the Note Holder a notice of my/our different address. Any notice that must be given tc the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) or at a different address if I/we have been given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE: If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. A_ny person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS: I and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE: This Note is a uniform instrLunent with limited variations in some jurisdictions. In addition to the protection given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instr%unent"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I/we do not keep the promises which I/we make in this Note. That Security Instrument describes how and under what conditions I/we may be required to make immediate payment in full of all amounts I/we owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of-the property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred And Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full or all shuns-secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed, within which Borrower must pay all suuns secured by this Security Instrument. If Borrower(s) fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Notwithstanding the above, the Lender's rights to collect and apply the insurance proceeds hereunder shall be subject and subordinate to the rights of the Senior Lien Holder to collect and apply such proceeds in accordance with the First Deed of Trust. 12. This note is governed and construed in accordance with the Laws of the State of Florida. WITNESS THE ~D(S~~J~) OF TH~ L~ID~RS~GNEDo --Bor~rower w.~/ Samuel J. Durso, M.D., Preslden Habitat for Humanity of Collier County, Inc. ======================================================================================== RETURN TO: Collier County Housing & Urban Improvement Department 2800 North Horseshoe Drive Naples, FL 34104 Phone: (941) 403-2330 Fax: (941) 403-2331 AGE~O~ ,TE~ ) 1 0 001 EXECUTIVE SUMMARY AUTHORIZE THE COLLIER COUNTY NATURAL RESOURCES DIRECTOR TO APPLY FOR CURRENT AND FUTURE DERELICT VESSEL REMOVAL GRANTS. OBJECTIVE: To protect the safety of boaters and the estuarine resources of Collier County through the removal of derelict vessels. CONSIDERATION: 1. The purpose of the grant is to receive monies from the Florida Fish and Wildlife Conservation Commission (FWCC) to remove derelict vessels in Collier County. There are currently a reported 102 derelict vessels in Collier County. 2. Grants are issued on a cost reimbursement basis. Collier County received $ 3,250 in FY 99/00, and $ 5,000 in FY 98/99. 3. The attached application is for FY 00/01 funding. Staff is requesting authority for the Collier County Natural Resources Department (CCNRD) Director to submit the application and future applications as the duly authorized representative for Collier County. The attached application has been prepared for the CCNRD director's signature. Future applications will be sent directly to the FWCC. 4. If awarded the grant agreement and any necessary budget amendments will be brought before the BCC for approval. FISCAL IMPACT: Staff has currently budgeted $4,165 for derelict vessel removal in this years budget. The application request is for $36,000. Staff will process a budget amendment to reflect the actual award from the FWCC. GROWTH MANAGEMENT IMPACT: The grant money will support Objective 2.3, 6.6, 6.7, 7.3, and 10.3 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: Recommend that the BCC authorize the Natural Resources Department Director to.make applications for derelict vessel removal grants for this and future application cycles. Douglas ~tor, Senior~Environmental Specialist t. / REVIEWED BY: ¢~~~,~ Date: '~-Z~- ~o-ot Willi~-~.,~.e,~, J~. P.E., ~;egt. oy' Natural Resources Department APPROVED BY: ~ ~ _ ~.~./2.0v,,.. ~-- Date: ~/7 ?/~ ! John M. ~un~_ uck, Interim AdministratOr Commu~01ty Development & Environmental Services APR 1 0 2001 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF LAW ENFORCEMENT APPLICATION FOR DERELICT VESSEL REMOVAL GRANT APPLICANT INFORMATION Applicant: Collier County Natural Date 3/22/01 Resources Department o Federal Employment Identification Number: 59-6000558 Project Manager: Doug Suitor Title: Senior Environmental Specialist Address: 3301 E. Tamiami Trail, Naples, Florida 34112 6. Telephone: (941) 732-2505 Fax: 941-774-8282 Suncom: Total Grant Amount Requested: $ $36,000 308,000 Number of Registered Vessels: 19.000 Senate District #: 75 Population of Jurisdiction: House District #: 76 *Total number of derelict vessels reported within the applicants jurisdiction: 25 *Attach a copy of the Florida Fish and Wildlife Conservation Commission Derelict Vessel Report for each vessel to be considered for removal with grant funds. (Copies of these reports may be obtained from your local FWCC District Office.) DISPOSAL METHOD Method proposed for handling the removal and disposal of the designated Derelict Ve: Gels: ~ APR 1 0 2001 Page 1 of 2 PI. ~ Use of own resources × Use of contractual services Specify proposed contractor, if known Additional disposal method comments, (if any): landfill Grant Agreement # DVGrant. 199(7/1/99) (Assigned By FWCC) As duly authorized by Collier County Board of County Cc~nissioners , I hereby make application on behalf of the applicant for a Derelict Vessel Removal Grant pursuant to 62N-16.029, Florida Administrative Code. I further certify that the above supplied documentation is correct to the best of my knowledge and that the grant applicant agrees to the conditions specified in this program. Collier County Natural Resources Department GRANTEE Signature of Authorized Representative of Governing Body Date William D. Lorenz, Jr., P.E. Printed name of Authorized Representative Title ( ) Telephone Number Page 2 of 2 APR 1 0 2001 ATTACHMENT B QUESTION REGARDING FY 1999-2000 FUNDING Did the applicant participate in the Derelict Vessel Grant Removal Program this fiscal year? (If you answered "no", then please disregard Questions 2 thru 4). Yes Were the grant agreements, (3 originals), received from the Grantee back to FWCC for execution, within 90 days? Yes To what degree of commitment did the applicant maintain coastal waters free of derelict vessels, and seek administrative, criminal, or civil action against those owners who abandoned vessels in the waters of the state? Please explain. We have made an attempt to remove all derelict vessels with an active file. In 2000 there were only 3 active files for removal. How much money was reverted back to FWCC? Was the projected cost for vessel removal and disposal effective? Please explain. The grant DV99150 w~s awarded for the amount of $4,165.20 was not enough to remove the three active derelict vessels in Collier County. Tw~ were removed at a cost of $3,250.00. APR 1 0 2001 AP2 1 0 2001 © 't:: APE 1 0 2001 ~. ~ _.. APR i 0 2001 EXECUTIVE SUMMARY EXECUTE SATISFACTION OF LIEN ARISING OUT OF ORDER IMPOSING FINE/LIEN IN CODE ENFORCEMENT BOARD CASE ENTITLED .COLLIER COUNTY V. DAGOBERTO SALDANA AND MARIA SALDANA. OBJECTIVE: To execute a satisfaction of the code enforcement lien imposed'against property owned by Dagoberto and Maria Saldana pursuant to an.Order Imposing Fine/Lien in Collier County v. Dagoberto and Maria Saldana, CEB Case No. 99-071, and recorded at Official Record Book 2704, Page 0881, et seq. CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code Enforcement' Board on February 3, 1999, in Collier County v. Dagoberto and Maria Saldana, CEB Case No. 99-071. This Order fined the Saldanas $230.00, and upon its recording at Official Record Book 2704, Page 881, et seq., became a lien against all real property owned by the Saldanas and more particularly property identified by Folio No. 50891120000. On March 15, 2001, the lien amount of $230.00 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. SUBMITTED B Ellen T. Chadwell Assistant County Attorney Authorize staff to record the Satisfaction of Lien in the Public Records of Collier County, Date: REVIEWED BY: .f "" '- Date: Mmhelle Edwards Arnold, Director' Code Enforcement Department APPROVED BY: ~~~_~ Date: Jol~ M. Dunnuck, III, Administrator Co~unity Development & Environmental Services Division ,APR 1 0 2001 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Two Hundred Thirty and 00/I O0 Dollars ($230.00), arising out of the Order Imposing Fine/Lien dated February 3, ' 1999, on behalf of Collier County, Florida, and recorded in O.R. Book 2704, Pages 0881, 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 Dagobeno and Maria Saldana, has been satisfied in full. Lot 39, HOLLY TERRACE, according to the plat thereof recorded in Plat Book 4, Page 64 of the Public Records of Collier County, Florida. Folio No. 50891120000 Thc undersigned is authorized to and does hereby release its lien as to the whole of the above-described real proper~y, and all other real and personal property owned by Dagobeno and Maria Saldana. 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 1 su fficienc~/: Ellen T. Chadwell Assistant Count>, Attorney APR 1 0 2001 EXECUTIVE SUMMARY EXECUTE SATISFACTION OF LIEN ARISING OUT OF ORDER IMPOSING FINE/LIEN IN CODE ENFORCEMENT BOARD CASE ENTITLED COLLIER COUNTY V. GRACE ZDRAVKOVIC, Trustee, AND WILLIAM ZDRAVKOVIC, Trustee. OBJECTIVE: To execute a satisfaction of the code enforcement lien imposed against property owned by Grace and William Zdravkovic, as Trustees, pursuant to an Order Imposing Fine/Lien and Order Reducing Fine in Collier County v. Grace Zdravkovic, Trustee, and William Zdravkovic, Trustee, CEB Case No. 99-020, and recorded at Official Record Book 2450, Page 2131, et seq., and Official Record Book 2557 Page 1954, et. seq., respectively. CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code Enforcement Board on July 17, 1998, in Collier County v. Grace Zdravkovic, Trustee, and William Zdravkovic, Trustee, CEB Case No. 99-020. This Order was superseded by an Order Reducing Fine issued on May 23, 1999, which reduced the fine to $6,200.00, and, upon its recording in the public records, became a lien against all real property owned by the Zdravkovics and more particularly property identified by Folio No. 37541600000. In October, 2000, Mr. Zdravkovic agreed to pay the lien within a six month period and commenced payments at that time. On March 15, 2001, the amount of $6,200.00 was paid in full and 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: The total sum of $6,200.00 has been deposited into the "Code Enforcement Board Fines" Revenue Account MSTD General Fund 111. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. 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. REVIEWED BY: · _ Michelle Edwards Arnold, Director Code Enforcement Department APPROVED BY: ol~Aa~ ~.~ ' J >¢]n M. Dunnuck, III, Administrator C6qnmunity Development & Environmental Services Division Date: Date :..~/ff7/~! APR 1 0 2001 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Six Thousand Two Hundred and 00/100 Dollars ($6,200.00), arising out of the Order Imposing Fine/Lien dated lune 25, 1998, on behalf of Collier County, Florida, and recorded in O.R. Book 2450 Page 2129, et. seq., of the Public Records of Collier. County, Florida, and the Order Reducing Fine/Lien and Approving Filing of Affidavit of Compliance dated June 8, 1999, and recorded in O.R. Book 2557 Page 1954, 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 Grace Zdravkovic, as Trustee, and William Zdravkovic, as Trustee, has been satisfied in full. All of Tract 26, Golden Gate Estates, Unit 19, according to the plat thereof recorded in Plat Book 7, Page 77 & 78 of the Public Records of Collier Count.,,', Florida. Folio No. 37541600000 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 ov,'ned by Grace Zdravkovic, as Trustee, and Willian'~ Zdravkovic, as Trustee, and consents to this lien being discharged of record. Dated this dav of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James D. Caner. Ph.D., Chairman Assist,:, ,. '...ttorne~ Ellen T, Cn~v~ell APR 10 2001 EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 08/01/00 b. Notice of Violation served undeliverable 2000080068 La Rue, Claude E. c. Notice of Violation Posted 09/11/00 d. Unabated nuisance verified 09/26/00 $245.00 e. Nuisance abated with public funds 09/29/00 f. Owner invoiced for costs 10/11/00 a. Violation determined 07/20/00 b. Notice of Violation served refused 2000071000 Felix Lerch Family c. Notice of Violation Posted 08/22/00 Trust d. Unabated nuisance verified 09/05/00 $245.00 e. Nuisance abated with public funds 09/29/00 f. Owner invoiced for costs 10/11/00 a. Violation determined 05/03/00 b. Notice of Violation served 07/05/00 2000060608 Curran, Eileen c. Notice of Violation Posted 06/15/00 d. Unabated nuisance verified 07/18/00 $290.00 e. Nuisance abated with public funds 09/26/00 f. Owner invoiced for costs 10/03/00 a. Violation determined 09/07/00 b. Notice of Violation served 09/15/00 2000090240 Gaunt, J T & Lois B. c. Notice of Violation Posted n/a d. Unabated nuisance verified 10/04/00 $245.00 e. Nuisance abated with public funds 10/12/00 f. Owner invoiced for costs 10/20/00 a. Violation determined 08/29/00 b. Notice of Violation served unclaimed 2000081148 Jimenez Jr., Jesus & c. Notice of Violation Posted 09/21/00 d. Unabated nuisance verified 10/04/00 Martha Arreguin e. Nuisance abated with public funds 10/16/00 $245.00 f. Owner invoiced for costs 10/20/00 a. Violation determined 09/08/00 b. Notice of Violation served undeliverable 2000090315 Carvajal, Luis Alfredo c. Notice of Violation Posted n/a d. Unabated nuisance verified 10/03/00 $245.00 & Patricia Ann e. Nuisance abated with public funds 10/I 1/00 f. Owner invoiced for costs 10/23/00 a. Violation determined 03/10/99 b. Notice of Violation served undeliverable 90305037 Carvajal, Luis Alfredo c. Notice of Violation Posted 04/02/99 d. Unabated nuisance verified 04/08/99 $245.00 & Patricia Ann e. Nuisance abated with public funds 04/14/99 f. Owner invoiced for costs 08/10/00 a. Violation determined 12/22/99 b. Notice of Violation served 01/08/00 2000010015 Moses, Abraham J. & c. Notice of Violation Posted n/a d. Unabated nuisance verified 01/24/00 $245.00 Dotty e. Nuisance abated with public funds 02/03/00 f. Owner invoiced for costs 08/12/00 a. Violation determined 08/04/00 b. Notice of Violation served unclaimed 2000080205 Howard, Mae T. c. Notice of Violation Posted 08/28/00 d. Unabated nuisance verified 09/07/00 $255.00 e. Nuisance abated with public funds 09/18/00 f. Owner invoiced for costs 09/25/00 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $2,260.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $112.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: ountv s Growth Management Plan. This request will have no impact on the Alit./?,. A ITE~ iL- 4 APR 1 0 2001 RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: ~anet~;~ers, ;IJerations Mar~ffger Code Enforcement REVIEWED BY: DATE: ,3 ' ,9 i - ~" t Michelle Ed ds Arnold, Director Code Enforcement APPROVED BY: DATE: i~ ,~t ~ / Job~. Du~nuck IIi,l. ~.uministrator Cm~nmunity Development & Environmental Services / ! DATE: ~/27/~ / APR 1 0 2001 BOARD OF COUNTY COMMISSIONERS TIIROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA I.EGAL NOTICE OF ASSESSMENT OF LIEN LA RUE, CLAUDE E DATE: 7012 CHADWELL RD SW HUNTSVILI, E, AL 35802 REF. INV.# 1675 FOLIO # 62092120004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in the Public Records of Collier County, Florida. You, as the owncrts) of the properly above-described, as recorded in the records maintained by the office of the Propert3 Appraiser, are hereby advised lhat the Code Enforcement Director, did on September 26, 2000. order thc abatement of a certain nuisance existing on the above propcrl.~ prohibited bx Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMUI,ATION OF ~IEEI)S, GRASS, OR OTItER NON-PROTECTEI) OVERGRO~¥Tll IN ECESS OF 18". You failed to abate such nuisance; whereupon, ~t v. as abated b5 the expenditure of public funds at a direct cosl ot FOURTY-FIVE ($45.00) DOLLARS plus an administratlxe cost of Tx~o-hundred ($200.00) dollars for a total of TWO-ItUNDRED FOURTY-FIVE 15245.00} DOLl, ARS. Such cost. by Resolution of the Board of County Commissioners of Collier Count3', Florida, shall become a lien on your property x~ithm twenty (20) days of the clare of this legal not~ce of assessment. You may request a hearing before the Board of County Commissioners to show cause, if an3,, why the expenses and charges incurred by lhe County under Count3 Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the properly. Said request for hearing shall be made to the Counrx Administrator, Government Center, 3301 Tam(ami Trail East, Naples, Florida 34112 in writing within ten (103 days from the date of this notice. F I.IENS/MSTR I APR I 0 2001 RESOLt~TION NO. 2001-__ A RESOI.trTION OF Illin BO:\RD OF COUNTY COMNIISSIONERS PROVIDING FOR TIlE ASSESSMENT O[: LIEN FOR THE COST OF THE ABATEMEN[ OF pLTBLIC NUISANCE. IN ACCORD,ANCE \\TIll OR[)IN.ANC[E No. 99-51. AS SUCCESSOR TO ORD1N.ANCE No. 91-47. AS AMENDED \VHEREAS, as provided nl Ordinance No. 99-5 I. as successor to Ordinance No. 91-4'7. as amended, the direct costs ol abatement of certain nuisances, including prescribed admimstratixe cost incuwed by lhe County. shall be assessed against such property: and WHEREAS. IBc cosl thereof to the Counl} as to each parcel shall be calculated and reposed to the Board of Conner Commissioners. logether wilh a descnpl~on of said parcel: and WI{ERE.AS. such assessmenl shall be a legal, xalid and bindlng obligation upon ibc prope~l> against which made until pi, id: alld WIfEREAS. thc' as>cb4II/onl shall become duc and pa>able no later than tx~cntx ~20} daxs of the date of Iht I.egal Not~ce ,,f .Assessment and interest shall accrue on the tmpaid balance bc~ll/l]lng oil the d~te thi3 Rc>t>lul~t,n t* ]cc,~dcd at the Fate oi lxkclxe percent { 12'; ) per annum. NOW, TltEREUL)RE. B[~ IT RES()I.V[~D BY THE BO.kRD OF COUNTY ('()NINIISSI(7)NER5 C)t: COLLIER C()t:NTY. FL()Rll)A. ~}~at the propem> described as follox~s, haxing been abated of a public ntllsance after due and p~opcr llOllCC thcre~l 1o the owner, s) of said N..\MFi: L..\ I*.t'E. CI...[IL'I)IC E. LI;i(;.-\L I)ESCRIPl'I()N: l.ot 9, Block 4, N.-~,PI.IC.N M.\NOR ..\i)I)ll'lON, according to the plat thereof, on file and rt, corded in the Public Rector(Is of Collier C,}unty, Fh}rida. CO.qT: $245.00 REFFiREN{'E#: 1675 FOIAO #: 62092120004 The Clerk shall mail a Notice ot ,-\5scssment of k~en to tile owner(si of the above described propcnx, and if such oxvner fails to pa? SUCh assessment xxilhin iwen[v (201 days hereof, a ccmfied copy of' this Resolution shall be recoldcd constitute a lien against such p~opcn> according I~ laxt. unless such direcHon is staxed b~ this Board upon appeal of the assessment by the Th~s Resolution passed and dul~ ad{~plcd b', the BAyard t>I Count5 Comm~ssloners of Collier County. Florida. Hns ~ da5 of . 2001 ATI-EST: DWI(;IiT E BROCK, Clerk BOARD OF COI.;NTY COMMISSIONERS COLLIER COWNTY, FLORIDA BY: Deputy Clerk ,Approved as to form and legal sufficiency: Thomas C. Palmer. :\ssisla~lt Count5 ,Altoi'n¢.x James D. CaFtcr. PhD,, Chairman APR 1 0 2001 Pg..__..Z_,fi/ _~ BOARD OF COUNTY (?OMMISSI()NERS TIIROUGll ITS CODE ENI~'()RCEMENT I)EPARTMENT COLI,IER COI2NTY, FI,ORll)A I,E(;AI. NOTICI,~ OF ASSESSMENT OF HEN FEI, IX LERCII FAMILY TRfUST 2669 I).gVIS B[VD STE 101 N,-~_PLES, FI. 34104-4332 DATE: REF IN\L# 1674 FOLIO # 62102040003 LIEN NUMBER: I.E(;AL I)F.S(?RIPTiON: Lol 17, Block 13, ()F N.,'~PI,ES MAN()R AI)I)ITION, according Io Ihe plal Ihereof, as recorded in Plal book 3. PaRes 67 and 68, of the public records of Collier ('rarely. Florida. You. as the ox~ner(s) of the properl> aboxe-descnbed, as recorded in lhe records maintained h~ thc {)[rice {fl' the Propc~y Apl)raiser. are hereby adxJsed that the Code Enforcement l)ireclor, did ~m Sepleml}er 5.2(}00, order Ibc abatcmenl of a certain llLlisance exisnn~ {m thc pr~pc~} pruhibitcd bx ()rdll)aBcc No. t)l)-Sl and vcrxcd a m>ttcc ~1 violcmon upon you. Thc nuisance ~EI<I)S: A(~('UMU1.AI'ION OF ~EEI)S. GRASS, OR ()I'ItER NON-PROTECTEI) ()VER(;R(}gV'I'tl IN EXCESS OF EI(;III'ISEN i!8} INCIIES IN ttEIGtl'F You Failed l,) ;i]~illC Stlt'h D[liSallCe; whereupon, it was abated bx thc expenditure public funds ;n a direcl ~osl ~>f FOI~RI'5'-FIVlt ($45.00} I)OI.I.ARS plus an admillislr~fll~C C~,~t Of ]x~o-hundred ($20f!.0{>~ dollars for a t~l;~I <~I T~VO-ItUNI)REI) FOURTY-FIVE ($245.00) I}OI.I~ARS. Such cc*si, by Rcst>Inlion of tt~e Board of Connlx Commissiuners of Collier County. FJ(~rida. shall [)ec(mle ;~ lien on xour property x~ilhln [xvenly (201 daxs of the date of II]is legal {)l' assessment. You may request a hearing bel'ore the Board of County Commissioners to show cause, il :my, whv the expenses and charges incurred by the County under Countx Ordinance No. 00-51 are excessive or unx~ arranted or ~ hv such expenses should not constitute a lien against the property Said request fl)r hearing shall be made to the County Administrator. Government Center. 3301 Tamiami Trail East. Naples. Florida 34] 12 in x~nling wilhin ten (10) days from the date of this notice F lIEN(;, M:','FR LN..\I No. !L(? _ APR 1 0 2001 ! 1 2 3 4 5 ? 8 9 10 12 13 14 15 IS 21 22 :2 40 .44 45 47 49 q0 51 53 54 55 5O 58 6O 61 RESOL[ :TION NO. 2(}01 -__ A RESOI.UTION OF TIlE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TIlE COS]' OF ]'tie ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE ~\'l'I-[l ORD1NANt~E No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91 47. AS AMENDED WttEREAS. as pro,.ided in Ordinance No. g9-51, as successor to Ordinance No. 91-47. as amended, thc d~rect cosls of abatement of ce~am nuisances, inctudin~ prescribed administral~xe cosl ~nCtnTcd bx Iht Count\, shall be assessed agmnsl such property: and \VItlEREAS. fl~c cosl thcrct~f to thc ('oun~x as to each parcel shall be calculaled and repo,'ted 1,, thc Bt~ard of Count\ ('t,mm~s-~,mer',. to?thor x~ ilh fi description of said parcel: and \\'}IEREAS. such assessment ~.hall bc :~ legal, xahd and binding obligation upon the pmpcrt_,, againsl ~ latch made until paid: and \VItEREAS. thc assessment shall become duc and paFable no taler than m'en~x {20} dale of Ibc I~egal N,~m'c oJ .:X,xcsq~cnt and IBIC~CM shall accrne on the unpaid balance Ol1 Ibc clato l}llS Rcsoluti,,n is rcc,:,~dcd al flit r;~lc ol lx~clx'c pcrcenl t I I per annum. N()W. TIIEREFORE. t3t5 1I Rt!5,~ (~t)*IM15:,SI()NI'.RS OF t'(~LL1ER COl 'NTY. [:I ()RIDA. lhal thc pmpc~y described a~ follox~s. haxln~ bccn id,atcd of a public mnsancc alic~ disc ~md p~op¢l noI~:c thereof to the (mncrfs~ of said NA.ME: FELIX I.F. RCtl FAMILY TRUST I.IL(;:kI. DI'~SCRII'I'If}N: Lot 17. Block 13, O1" N.\PLES M.kNf}R ADI)II'If)N. according to Ihe plal thereof, as recorded in Plat book 3. Pa~es 67 and 68. of Iht' public records of Collier Cmmt.~, t:h~rida. Cf)S[: $245.00 RILFF. I{I';NCIL#: 1674 FOLIO #: 62 ! 02040003 Thc Clerk shall marl a Notice o,~ ..\sscs~;mcnl of lien to iht ownerts) [~f thc ahoxc ccmlicd cop} of this Rc%olution sham) be ~cco~dcd m thc official reo~rds of Collier ('ounrx. upon appeal of the a~sessmcn~ bx Ibc or, ncr. Thi> Resolution passed and dui\ adopted bx Iht Board of Count\ Commissioners Collier County. Florida, this~ d:o of . 200l. ATI-EST: DXVIGttT E. EIROCK. Clink BOARD OF COl ~NT\' COMMISSIONERS COIJ.1ER COUNTY. FLORIDA Deputy Clerk Approved as ~o form and legal sufficient:': Thomas C Palmer, Assislant Counl> ~: [lIN MS]q>, R f'4{)1.1 '! l( )N James D. C:mcr. Ph.D.. ('hainnan APR 1 0 2001 PO. ~I/. .... . BOARD OF COUNTY COMMISSI()NERS TIIROU(;lt ITS CODE ENFOR(?EMENT I)EPARTMENT COLIJER ('¢)I:NTY. FL()RIDA LIS(;AL NOTICE OF ASSESSMENT OF LIEN EILEEN CURRAN SI'ECl'OR 1232 WOODRll)GE AVE NA PL ES, FI. 34103-8922 DATE: REF. IN\L# 1656 FOLIO # 62101400000 LIEN NUMBER: I~E(;AL DESCRIPTION: NAPLES MAN()R Al)I) BIk 12. Lot 36. You, as thc ox~nerls} of lhc propcn) ah(we-described, as recorded in lhe records maintained by the office of the Properly Apprmscr. arc hcrcbx adxiscd thai the Code Enforccmcnl Direclor. did On ,lilly 18, 2000. order thc abalcI/]Clll t)I ;1 CCltalll I]Uisancc existing on the above prope~l) pr(dqibilcd bx ()rdinance No. 0ti 51 and scrx cd a n,~l~cc ol xiolatlon upon you Thc nuisance IVEEI)S/IATI'ER: A{'('UMUI.ATION ()F ~EEI)S. GRASS. OR OTIIER NON- PR(Il'ECl'El) ()VER(;R()I~Til IN EX('ESS ()F EI(iItTEEN (18! INCIlES ANi) I'R()lllBITEI) I)I~MPIN(;, ACCUMUI.ATI(IN. STORAGE OR BI:RIAL O!: I.II'TER ~5:AS'I'E ()R ABANDONED PROPERTY VOll Jailed hi ilbille such m~isailcC; xxhc~ctlp(m, il was abated by the expenditure public funds al a thrcct cost of NINETY ($90.00} DOIA.ARS plus an admimslrative cost of hundred i$200.00) dollars lot a lolal of T~VO-II/'NDRED NINETI' {$290.110} DOLl. ARS Stlclq COSI, bv Resolution of thc Board ~d ('{)tmtv Commissi(mers of Collier ('otHltv. Florida. shall become a lien on your properly within Iwenlx ~20) days of the dale of Ibis legal nolicc ~I' an5, why the expenses and charges incun'ed bx the C',}tmtx under County Ordinance No. q9-51 arc excessive or unwan'anled or x~hv such expenses should not constitute a lien against lhe propen>. Said request for hearing shall be made to the Courtly Admm~slralor. Government Center, 3301 Tam,ami Trail Easl. Naples. Florida 34112 m writing ~ithin ten { 10) days fi'om lhe date of this nolice. F HENS' Ms;'r[~, IN,AL APR 1 0 2001 RESOLUTION NO. 2001 A RESOLUTION OF 'FILE BOARD OF CO[INTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF IJEN FOR THE COST OF TI tE .ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITtt ORDINANCE No. 0%51, AS SUCCESSOR TO ORDINANCE No 91-47, AS AMENDED \VItERE:\S. as proxided in Ordinance No. 99-51. as successor to Ordinance No. 91-47. as amended, thc dired co5t5 of abatement of certain nuisances, including prescribed administrauve cost mcmTed bx the County. shall be assessed against such propen>: and W}IEREAS. the cosl thereof to the County as to each parcel shall be calculated and rcpo~ed to ibc Board of C,mntx Comm~ssl,mers. u~gethc~ ktith a descfipmm of said parcel: and WItEREAS. such assessment shall be a legal, valid and binding obligation upon the propeily against ~ high madc unliI paid. alld WItEREAS. the assessment shall become due and payable no later than tx~ent5 (20~ daxs of the date o] the l~gal Notice of Assessmcnt and inlereM shall accrue on the unpaid balance beginning on Ihe dale this Rcsolmion ~s recorded at thc rate ol txtehe percent (12q) per annum. NOW. TttEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY t'~sMM1SSIONERS ¢)F COIJ.II~R CO1~NFY. FI.ORIDA. that the property described as l'ollo~s basing been abated ol a public nkllSallCC allot due tllld proper notice Thereof to the OttllerlS) Of said NAME: EILEEN ('URR.\N NPECI'OR i.E(;.,\I. 1)I~:SCRIF'TION: N:\PIA~S MAN¢)R Al)l) BIk 12. l.ot 36 ('()ST: 5290.00 RI{FEREN{.'I']#: 1656 FOLI() #: 62101400000 The Clerk shall mail a Notice oI Assessment of Lien to thc ownerts) of thc aboxc described propenx, and ii such ox~ner iails lo pa} such assessment u~ithin lx~enlv (20) days here,fi, a ceml'ied cop} oI: Ibis ResolUliOn shall bc recorded in Ih~ oll'JciaJ records of Collier Cotl~lx. lo coi1slitute a lien agumM such propc~} according Io law. unless such direcUon i, staxcd bx this Board upon apl>cai ol the a~scSSlllCBl bV the oxt riel. This Rcsolulion passed and dulx adopted by the Board of Count> Commissioners of Ct,llicr Counts. Flonda. lhi< ~ da\ ol ~. 2001 ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Pahner. Assistant Count.',' Attorne} BY: James D. Carter, Ph.D.,Chairman [: ! IF.N' MSFR RESOI U I'II1N APR 1 0 2001 BO.4. RD OF COUNTY COMMISSIONERS TItROUGll ITS COl)lC ENFORCI-;NIENT DEPARTMENT COI,LIER COUNTY, ELORIDA LEGAL NOTICE OF ASSESSMENT OF IAEN J T GAUNT & LOIS B. GAUNT PO BOX 757 CLEWISTON, FL 33440 REF. INV.# 1677 LEGAL DESCRIPTION: DATE: FOLIO # 56405840000 LIEN NUMBER: LOT 11, BLOCK 4, and Lots 21-24-25, Block 6, Mainline St, bdivision of lmmokalee, Florida, as recorded Plat Book 1, Page 98, Public Records of Collier Count),, Florida. You. as the ownens) of the propc~q} aboxe-described, as recorded in thc records maintained by the office of the Propen} Appraiser, arc herebx advised that the Code Enforcement Director, did on October 4, 2000. orde~ Ibc abatement of a certain nuisance existing on thc aboxc propen5 prohiNlcd bx Ordinance No. 99-51 and served a not~ce of violation upon you. The nuisance 1S: ~VEEI)S: ACCUMULATION OF WEEDS, G~4SS, OR OTItER NON-PROTECTEI) O~'ERGROWTH IN EXCESS OF EI(;H'FEEN (18} INCIIES. You failed to abate such nuisance; whereupon, it was abaled bx thc expenditure oI puhlic funds al a direct cost ol F(IRTY-FIVF 1545.01}1 I)()LLARS plus alq adlninlMralixc cosl ol Tx~o-hundred ($200.00} dollars for a total ol TIVO-ItUNDRED FOURTY-FIVE ($245.00} DOLLARS. Such cost. bx Resolution of the Board of Coutllx Commissioners of Collier CounU. Florida. =hall become a lien on your propc~l> xkithin txxenlx' 12()i da}s of the date ~f this legal notice (~f assessment. YOLI 111/1} requesl a hearing before lJle Board of Counlx Commissioners to sJli~xk C:ILISC, if any. why the expenses and charges incurred by the County under Coumv Ordinance No. 9(t-51 arc excessive or um~arrantcd or why such expenses should not constitule a lien against the prope~t). Smd request for hearing shall be made to the Count> Administrator, Governmenl Cenler, 3301 Tamiam~ Trail East, Naples, Florida 34112 in writing within ten (10) days from the da~e of this nohce. LIENS/Y, ISi I'R [.Nql. APR 1 0 001 9 10 11 12 13 14 15 16 17 18 19 2O 21 2'2_ 24 25 2- 2~ 2(I 3', 35 ?4, 37 3,, 41 42 43 44 45 4to 47 48 49 5U 51 52 53 54 55 50 5~ 59 RESOLUTION NO. 2001-__ A RESOI.UTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE \VITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS. as provided in Ordinance No. 99-5 1. as successor to Ordinance No. 91-47, as amended, the dh'eot costs of abalement of cerlain nuisances, including prescribed administrative cost incmTed bx the Count~. shall be assessed against such property: and \VHEREAS. the cost thereof to the Count',' as to each parcel shall be calculated and repo~led to the Board of CounLx Commissioners. together ~ith a description of said parcel: and \VHEREAS, such assessment shall be a legal, xalid and binding obligation upon the propert.,, agains! which made until paid: and WHEREAS. thc asses,,ment ~,hall become due and payable no later than tx~entx ~20t days of the date of tiao Legal Notice ol Assessment and mteresl shall accrue on the unpaid balance beginning on ibc date this Resottmon ,,, recorded at the rate of t~ elxe percent (12Q) per annum. NO\V. 'IttEREFORI:. P,E Il RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLII'~R COUNTY. FLORIDA. that the properL', described as folhm-. ha~ing been abated of a public nm sance after dne and proper nouce thereof to the ov, ner!sl of said l>ropert.,,, is hercbx assessed tile iolloxx nag cost> ()f such abatement, to wit: NAME: J T GAUNT & LOIS B GAUNI' LEGAl, DESCRIPTION: lAY[ ! i. BI,()CK 4, and l,ots 21-24-25. Block 6, Mainline Subdix ision of Immokalee, Florida. as recorded Plal Book 1. Page 98, Public Records of Collier County, Florida. COST: $245.00 REFERENCEO: 1677 F()LIO ~: 56405840000 The Clerk shall mail a Notice of Assessment of Lien to the ox~ner(s) of the abo~e described properU. and if such ox~ncr falls to pa} such assessment within txsentx' (20) daxs hereof, a ce~lified cop> of this Resolution shall be recorded in thc official records of Collier Count\. to conslilute a lien against such propeiT) according to laxs. unless such direction is slaved by this Board upon appeal of the assessment bx the ox~ncr. This Resolution passed and duly adopted bx the Board of CounU Commissioners of Collier County, Florida. this ~ da\ of ~. 2001. A~EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA BY: BY: Deptll5 Clerk Approved as to form and legal sufficiency: Thomas C. Palmer. Assistant Count\ Attomex F I.IEN M'iI'R RES( I (:TlllN James D. Caner. Ph.D.. Chairman APR ! 0 2001 BOARD OF COUNTY COMMISSIONERS TIIROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JESUS JIMENEZ, ,IR & MARTHA ARREGUIN DATE: PO BOX 2028 IMMOKALEE, FL 34143 REF. INV.# 1678 FOLIO # 77130000301 LIEN NL~,IBER: EEGAL DESCRIPTION: LOT 68, TRAFFORD MOBILE ESTATES Plat Book 19, Page 65. According to Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded m the records maintained b> the office of the Propen> Appraiser, are hereby\ advised that the Code Enforcement Director, did on October 4, 2000, order the ab:tlemenl of a cerlain nuisance existing on the abo\e propers> prohibited by Ordinance Nc). 99-51 and ser,,ed a notice of violation upon you. The ntusance is: VfEEDS: ACCt~iULATION OF ~,VEEI)S, GRASS, OR OTHER NON-PROTECTED OVER(;RO%Tlt IN EXCESS OF EI(;IFI'EEN {18} INCttES. You failed to abate such nuisance: whereupon, it \~as abated by the expenditure of public funds al a dh'eot cost of FORTY-FIVF. ($45.{1{}) DOI.LARS plus an administratixc cost of Tx~o-hundred ($200.00;, dollars for ii to~al of T%'O-HUNDRED FOURTY-FIVE t$245.001 DOLLARS. Such cost. by Resolution of the Board of County Commissioners of Collier Counly. Florida, shall become a lien on your property within Iv, enly (201 days of tine date of this legal notice of assessment. You ma5 request a hearing before the Board of Count> Commissioners to show cause. if an>. ,~hy the expenses and charges incurred by the County under Count>, Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property Said request tbr hearing shall be made to the Count;' Administrator, Government Center. 3301 Tamiami Trail East. Naples, Florida 34112 in writing within ten (10) days fi'om the date of this notice. F: I.IEN9,.' MSTR LNAI. APR 1 0 2001 1 2 3 4 5 6 '7 8 9 10 11 12 13 t4 15 16 18 19 20 21 24 20 25 .?.'9 33 35 ;? 39 4(1 42 43 45 47 45) 50 51 52 53 54 55 5'7 58 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSblENT OF HEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor lo Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incun'ed b.$ the County, shall be assessed against such property: and WHEREAS, the cost thereof to the Count,,,' as to each parcel shall be calculated and reported lo the Board of County' Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the propert5 against x,~hich made until paid: and WHEREAS. the assessment shall become due and payable no later than txventx 120~ dats of the date of thc Legal Notice of Assessment and interest shall accrue on the unpaid balance be~ulmng on the date thb, Resolution is recorded at the rate of txxelxe percent ( 12G ) per annum. NO\V. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORID:\. that thc propert.', described as folloxxs. haxing been abated of a public nuisance after due and proper notice thereof to the oxxncr{si of said properl>, is hereby assessed the folloxt ing costs of such abatement, to wit: NAME: JESUS JIMENEZ, JR. & M:hRrFlt:\ ARREGUIN I,E(;AL DESCRIPTION: 1, O1' 68, I'R,\FFORD MOBILE ESTATES Plat Book 19. Page 65. According to Public Records of Collier Count.,,', Florida. COST: $245.00 REFERENCE#: 1678 FOLIO #: 77131}000301 The Clerk shall mail a Notice of Assessment of Lien to the oxxnerls) of lhe aboxe described propen>, and if such oxxner faib, to pay such assessment within twenty (20) days hereoi, a cetlified COpy',' of this Resolution shall t~e recorded in the official records of Collier County. to constitute a lien against such properU according to laxx, unless such direction is stayed by this Board upon appeal of the assessment by the owner This Resolution passed and dul5 adopted by the Board of Count>' Commissioners of ,CollierCountv, Flonda. this __ day of __.2001. ATTEST: D\VIGItT E. BROCK. Clerk BOARD OF COLTNTY COMMISSIONERS COI.LIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency': Thomas C. Palmer..Assistant County Attorney F [.IFN, MSFR RI!SI)lA rTl()N .lames D. Carter, Ph.D. ,Chairman APR 1 0 2[}01 /3 BOARI) OF C()UNI'5' COMMISSIONERS TIlROUG[t ITS COI)E ENFORCEMENT DEPARTMENT C()I.I,IER COUNI'Y, FIA)RII)A I.E(;:\L NOTICE OF ASSESSMENT OF LIEN LUIS ALFRI~DO & I)ATRIC1A ANN CARVAJAI~ DATE: 5205 MC CARTIlY ST NAPI,ES, FI, 34113-8739 REF. IN\C# 11)63 FOLIO ~ 620462000(}6 HEN NUMBER: LE(;AEI)ESCRII'TION LOT 24, BLOCK 10, Unit I. NAPLES MANOR, according to the Plat thereof recorded in Plat Book 3, Page 57, Public Records of Collier County, Florida. You. as the owner(s) of thc property abo~e-described~ as recorded in the records maintained h; the office of the Pr~,peny Appraiser. are hereby advised thul the Code Enf~rcemem l)irect~)r, did {m April 8. 1999, order the abatement of a certain nuisance ex~sting on Ibc above properl> p,uhihited hx ()rdinance N~. 99-5l and served a noHce ol xiolation upon 5ou Thc nuisance I~'EKDS: ACCUMI:I.ATION OF IVI{EDS. GRASS, OR ()TILER NON-PR()TI~;('TH) ()VI':RGR()~V'I'll IN EXCESS OF EIGII1'EEN (18} 1NCItES You failed Io abale such nmsance: whereupon, it was abated by the expcndilu]-e public funds al a direct c,~sl of FORTY-FIVE ($45.001 I)()I.I.ARS plus an adnnnistranxe cosl of Tx~-hundrcd ($200.00) dollars Ior a h*tal ol T~VO-IlUNDRIEI) F()URI'I'-FIXE 15245.00} DOIJ.A RS Such c~st, hx Resolumm of lhe Board of County Commissioners of Collier Florida. shall become a lien on your pr{~pe~y within lwentv (20} days of tho date of this legal notice ~f assessment. You ma} request a hearing heir)re the Board of Coulll5 Commissioners to show cause. if any. why lhc expenses and charges incurred hy thc County under County Ordinance No. 99-51 are excessive or unwan-anlcd or xthy such expenses should not constitute a lien agmnsl the property. Said request for hearing shall hc made to lhe COtllllX Administrator. Government Center, 33(}1 Tamiami Trail East, Naples. Florida 34112 in ~rmng within ten (10) days from the date of this notice. F LIENS MS IF~ IN\I. APR 1 0 2001 1 4] 4~ 45 47 5P 60 RESOLI ITION NO. 20t) 1-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TI{E ASSESSMENT OF LIEN FOR THE COST OF FIlE ABATEMENT OF P1. TBLIC NI.!ISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. AS AMENDED WHEREAS. as proxided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administratix e cost incun'ed by the Countx. shall be assessed against such prope~y; and WIIEREAS, lhe cost thereof lo thc Count5 as to each parcel shall be calculated and repo~qed ~,~ lbe Board of Count} Commissioners. logetbcr xt ilh a description of said parcel; and W}IEREAS, such assessment shall bca legal, xalid and binding obligation upon the propc~y against v, hich made until paid: and WItEREAS, the assessment shall become due and payable no later than tx~entx (20} daxs ot thc dale of Ibc Legal Nolice ol Assessment and inlerest shall accrue on the unpaid balance be~mnin~ on thc date this Resolution ~s recorded al Ibc rate of twelve percent ( 12Q ) per annum NOW, '[HERE[-ORE. BE II RESOI,VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COI;NTT, FLORIDA, that the property described as bavin~ been abated of a public nuisance afler due and proper notice therefor to the o~ner(s~ of sa~d propen), i~ bcrebx assessed the fNloxkin~ cosls (d- such abatement, to NAME: ('.kRX'AJXl,,ll'IS,MA:REDO&t'ATRIC1A ANN LlS(;AI. DESCRIPTION: l,ol 24, Block 10, [nil I. NAPLES MANOR, according lo Ihe plat thereof recorded in Plat Book 3, Page 57, Public Records of Collier Count>, Florida. Ct)ST: S245.00 REEI~RENCE~: 1063 FOIAO ~: 62046200006 The Clerk shall mail a Notice of :ksscssment of Lien to the o;~nerls} of ibc aboxc described pn~pc~lx, and it' such oxkncr falls lo pa5 such assessment within twenty 120'} daxs hereof, a certified cop} ol:flu~ Resohnion sbxll be recorded in Ibc official records of Collier Countx. constitute a lien a?mst sucb prope~y according to lax~, unless such direction ~s staved bx lh~s Board upon appeal of thc assessment by lhe ox~ ncr This Resolution passed and duly adopted bx the Board of County Commissioners Collier Counts. FIondu. tins ~ day of .... 2001. A'ITEST: DW1GttT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS CO1,LIER COUNTY, FLORID:\ Depul5 Clerk James D. Carter, Ph.D. ,Chairman Approved as to form and legal sufficiency: Tb(mlas (' Pahner, Assislant AGE "A I ~7. [: I.IEN' MSII,: RI S~)LI~l'lt)N APR 1 0 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTS, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LUIS ALFREDO & PATRIC1A ANN CARVAJAL DATE: 5205 MC CARTHY ST NAPLES, FL 34113-8739 REF. INV.# 1679 FOLIO # 62046200006 LIEN NUMBER: LEGAL DESCRIPTION LOT 24, BLOCK 10. Unit 1, NAPLES MANOR, according to the Plat thereof recorded in Plat Book 3, Page 57. Public Records of Collier Count}', Florida. You. as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Propen.,, Apprmser. are hereb,,, advised that tt~e Code Enforcement Director, did on (Sctober 3 2000. order the abatement of a certain nuisance existing on the aboxe property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: ~VEEI)S: ACCUMUI~ATION OF t, VEEI)S, GRASS, OR OTltER NON-PROTECTED OVERGRO~V'Ftt IN EXCESS OF EIGIITEEN (18) INCITES. You failed to abate such nmsancc; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLl. ARS plus an administrative cost of Two-hundred ($200.01B dollars for a total of T~,~'O-ttUNDRED FOURTY-FIVE 15245.00) DOLLARS. Such cost. by Resolution of the Board of County Commissioners of Collier Countx. Florida. shall become a lien on your property within t;~entv (20} days of thc date of this legal not,cc of assessment You may request a hearing before the Board of County Commissioners to sho~x cause. if any. why the expenses and charges incurred by the County under Countx Ordinance No. 99-51 arc excessive or unwan-anted or why such expenses should not const~lute a lien against the property. Said request for hearing shall be made to the County Administrator. Government Center. 3301 Tamiam~ Trail East. Naples, Florida 34112 in writing within ten (10) days from the date of this nonce. F I.IENS/MSTR LNAI. AGE I . [NO. ~ APR 1 0 2001 1 4 5 6 7 8 9 10 12 i4 15 17 18 19 21 _.23 _.24 £5 .2'? 30 32 33 34 75 30 3S 39 4(') 41 43 44 46 4'7 49 5O 51 53 54 55 56 5? RESOLUTION NO. 2001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITtt ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS. as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrmixe cost incurred bx the County, shall be assessed against such property: and WHEREAS. the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners. together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the propert.,, against which made until paid: and WHEREAS. the assessment shall become due and payable no later than txvent.', 120) daxs of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance be>tuning on the date this Resolution is recorded at the rate of twelve percent ( 12~ ) per annum. NO\V. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that the property described as follov, s. having been abated of a public nuisance after due and proper notice thereof to the owneris! of said propen>, is hereby assessed the following costs of such abatement, to xkit: NAME: 1I:I5 ALFREI)O CARV:\J:\I. & PATR1CIA ANN CARVAJAL I~E(;AI~ DESCRIPTION: LOT 24, BI,OCK 10, Unit 1, NAPLES MANOR, according to the Plal thereof recorded in Plat Book 3. Page 57, Public Records of Collier CounD, Florida. COST: $245.00 REFERENCE#: 1679 FOLIO #: 62046200006 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described propc[lx, and if such ox~ner fails to pa> such assessment xvith~n tv, entx (20) daxs hereof, a certified cop> ol: this Resolution shall be recorded in the official records of Collie[' Count.',, to constitute a lien against such property according to lax~. unless such direction is sta',ed b,, this Board upon appeal of the assessment by thc ox~ net. This Resolution passed and duly adopted by the Board of Count> Commissioners of Collier Cotint.x. Florida, this __ dax of_ . 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY. FLORIDA Deputy Clerk Approved as to form and }egal sufficiency: Thomas C. Palmer, Assistant County' Attorney 1::. LIEN,' MSTR RESOLI iTION James D. Carter, Ph. D.,Chairman APR 1 0 2001 BOARD OF C()UNTY COMMISSIONERS TIIROUGlt ITS CODE ENFORCEMENT I)EPARTMENT COI.LIER COUNTY, FI.ORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MOSES, ABRAHAM J. & DOTTY DATE: 6380 RADIO RD LOT 12 NAPLES, FL 34104 REF. IN\L# 1493 FOLIO # 62264520005 LIEN NUMBER: LEGAL DESCRIPTION: Lots 14, 15, and 16, Block 14, NAPLES MANOR LAKES, as per Plat book 3, Pages 86 and 87, public records of Collier Count)', Florida. You, as the owner(s) of the propert.', above-described, as recorded in the records maintained by the office of the Property Appraiser. lire herebv ad',ised that the Code Enforcement Director, did on January 24, 2000, order the abatetnenl of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you Thc nuisance IS; WEEDS: ACCUMULATION OF VVEEI)S, GRASS, OR OTHER NON-I~'ROTECTED OVERGROV~q'll IN EXCESS OF EIGIlTEEN (18} INCItES IN ItEIGHT. You failed to abate such nmsance; whereupon, ~t was abated by the expenditure of public funds at a direct cnst of FOURI'Y-FIVE ($45.00) DOLLARS plus an admi,fistrative cost of T'~,o-hundred 15200.00)dollars for a total of TWO-IIUNDRED FOURTY-F1VE ~$245.00) I)OLI, ARS. Such cost. b} Resolution of the Board of County Commissioners of Collier Counl,,. Florida, shall become a lien on your property within twenty (20) daxs of the date of this legal nouce of assessment. You may request a hearing before the Board of County Commissioners to show cause. if any, ,~hy the expenses and charges incurred bx the County under Count,, Ordinance No. 90-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for heanng shall be ~nade to the Count3 Administrator, Government Center, 3301 Tamiaml Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F LIENS; MNTP, INAI 1 2 3 4 5 6 '7 8 9 10 11 12 13 14 15 16 18 19 20 21 23 24 25 2? 28 20 3o 31 32 35 36 5'7 5o 40 41 42 3.4 45 46 47 4~ 40 50 51 52 53 54 55 56 57 58 59 o0 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as proxided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the Count\. shall be assessed against such property: and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to Ibc Board of County Commissioners, together with a description of said parcel: and WHEREAS. such assessment shall be a legal, xalid and binding obligation upon the propert~ against ~,.hich made until paid: and WIfEREAS, the assessment shall become due and payable no later than twent3 (20') days of Ihe date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance be}inning on the date th~s Resolution is recorded at the rate of twelve percent (12C~) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner{s) of said propert>, ~s herebx assessed the following costs of such abatement, to ,\it: NAME: MOSES, ABRAHAM J. & DOTTY I.E(;AL DESCRIPTION: Lots 14, 15, and 16, Block 14, NAPLES MANOR LAKES. as per Plat book 3, Pages 86 and 87, public records of Collier County, Florida. COST: $245.00 REFERENCE#: 1493 FOLIO #: 622264520005 Thc Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described propers\, and if such o,aner fails to pay such assessment within twenty (20'~ da'~s hereof, a certified cop.~ of' this Resolution shall be recorded in the official records of Collier Coumy, to constitute a lien a~ainst such property according to la~. unless such direction is staved bx this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted bx the Board of Count}' Commissioners of Collier County, Florida. this __ da5' of ,2001. ATTEST: D\VIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COL',~NTY, FLORIDA Deputy' Clerk James D. Carter, Ph.D. ,Chaimmn Approxed as to form and legal sufficiency: ~s~t.t~~ Tl~omas CT Pal -', 4. s unt,, 'Xttomex AGE ~.~ __ F LIEN,' MSTR I,DiSOI.UTR)N APR 1 0 2001 BOARD OF COUNTY COMMISSIONERS TIIROUGH ITS CODE ENFORCEMENT DEPARTMENT COI.IAER COUNTY, FI.ORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HOWARD, MAE T DATE: 2101 45TM ST SW NAPLES, FL 34116 REF. 1NV.# 1642 FOLIO # 35742280001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 11, Block 18, GOLDEN GATE, UNFI' 2, according to the plat thereof, as recorded in Plat book 5, Pages 65 to 77~ of the public records of Collier County, Florida. You, as the o~ner{s~ of the property above-described, as recorded in the records maintained by lhe office of the Propert> Apprmser. are hereby adxised thai the Code Enforcement Director. did on September 7, 2000. order tine abatement of a ce~lain mfisance existing on the above propen5 prohibiled bx Ordi~lance No. 99-51 and sm-xed a noHce of violation upon you. The nuisance IS: ~VEEI)S: ACCUMUI. ATI()N OF WEEDS, GRASS, OR OTItER NON-I'ROTE(TFEI) ()VERGROXVTll IN EXCESS OF EIGIITEEN i18) INCITES IN tfEIGttl. You failed to abate such nuisance; whereul~on. ~t was abated bx the expenditure of public funds at a direc~ cost of FIFTY-FIVE ~$55.00~ DOIA,ARS phis an administrntive cost of Two-hundred {$200.00) dollars for a total of TXV()-HUNI)REI) FIFTY-FIVE !$255.00) DOLLARS. Such cost, by Resolulion of the Board ol Counw Commissioners of Collier Count5, Florida, shall become a lien on your property xxilhin Ixtenl)' (20} days of the date of Ibis legal notice of assessment. You may request a hearing helk>re thc Board of County Conlmissioners to sho~ cause. if any, why the expenses and charges incurred bx the Count~ under County Ordinance No. 99-51 are excessive or unwammted or xth} such expenses should not conslHute a lien against the prope~>. Said request for heanng shall be made to the County Administrator. Government Center, 3301 Tamiam~ Trail East, Naples, Florida 34112 in writing wilhin ten (10) days from the dine of this notice. F I.[ENS, M~;'['R LN.\L No. /LC,/,' ! ~ APR 1 0 2001 pg. 1 2 3 4 6 7 8 9 10 I1 12 13 14 15 10 17 18 19 20 21 22 23 24 25 2(7 2~ 2~ 29 30 3l 32 R3 30 3? 3S 39 4O 41 42 44 45 46 47 4S 50 51 52 53 54 55 56 57 58 59 60 61 O2 RESOLUTION NO. 2001-___ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WFI'tt ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS. as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-4'7. as amended, the &rect costs of abatement of certain nuisances, including prescribed administrative cost incun-ed by the County, shall be assessed against such properly; and WHEREAS. the cost thereof to the Count>' as to each parcel shat] be calculated and reported to the Board of Count>' Commissioners. together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the properly against x~ hich made until paid: and \VHEREAS, the assessment shall become duc and payable no later than twenty (,20) days of the date of the Legal Nolic¢ of Assessment and mteresl shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelxe percent (12'3) per annum. NO\V. TftEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that the property described as follox~s. having been abated of a public nuisance after due and proper notice thereof to the owner si of said propen>. ~s hereb> assessed the following costs of such abatement, to wit: NAME: IIOVc.~,RD, MAE T LEGAL DESCRIPTION: Lot 11. Block 18, (;OLDEN GAl'E, UNIT 2, according to the plat thereof, as recorded in F'lat book q Pages 65 to 77, of the public records of Collier County, Florida. COST: $255.00 REFERENCE#: 1642 FOLIO #: 35742280001 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment v.'ithin twenty i201 days hereof, a certified cop> of this Resolution shall be recorded in the official records of Collier Countx. to consntute zt lien against such property according to lax~. unless such directton is stayed b', this Board upon appeal of the assessment by the ov,'ner. This Resolution passed and dui.',' adopted by the Board of County Commissioners of Collier County. Florida. this __ da,, of ,200t. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Dept, ty Clerk Approved as to form and legal~ sufficieZ. .~~ ~ Thol~nas C. Pat~mer, .,(ssistTnt Count>' Atto rney F [IEN' MSTR RESOLtVTION James D. Caner, Ph.D.. Chairman APR 1 0 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER cOUNTY COMMISSIONERS APPROVE THE RELEASE OF PURPORTED LIEN FOR PUBLIC NUISANCE RESOLUTION 2000-386. OBJECTIVE: To release a purported lien recorded against a misidentified property CONSIDERATION: On November 14, 2000 the Board of County Commissioners adopted Resolution NO. 2000-386 assessing a lien for the abatement of a public nuisance in the principal amount of $45.00 on the property described as Lot 2, Block 12, of the Town of Everglades, which is owned by Gene and Iris Wooten. This property was mistakedly referenced in Code Case 1999120665. The property described above shares the same physical address as the parcel that was actually found in violation. All nOtices were directed to the owner of record for the property noted in the body of the lien and no contact was made to this office for clarification by the noticed owners. Because the owner of the real property actually in violation was not noticed as required, 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 December 5, 2000 by Resolution NO 2000-386 recorded in OR Book 2750 Page 2009 of the Official Records of Collier County, Florida. SUBMITTED BY: REVIEWED BY: APPROVED BY: ~ ,'"~t'~~. ~ Date: ~,.~-~ I rd Janet L. Powers, Operations Manager Date: 3-,~g-c/ Michelle Arnold, Director Code Enforcement ~b~tr~/_~.~ Date:~_~ John M. Dunnuck III, Interim Division Administrator APR 1 O 2001 n. / This instrument prepared by: Patrick G. White Officc of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941 ) 774-8400 FOR CLERK'S USE ONLY Property Folio No. 83494320009 RELEASE OF PURPORTED LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain purported Lien arising by Resolution No. 2000-386 against: Gene & Iris Wooten RR Box 120 Ochopee, FL 34141 Thc purported lien was recorded on November 14, 2000 Official Record Book 2750, Page-30~,~ln 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 Forty Five dollars (45.00), 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 2. Block 12 of the Town of Everglades, Florida as per the plat thereof recorded in Plat Book I Pages 87 through 95, inclusive of the Public Records of Collier County. REFERENCE: #1520 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. IN WITNqESS 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 200t. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By:. James D. Carter, Ph.D, Chairman as t~ I~orm: · rick G. White, Assistant County Atlorney APR i 0 200l EXECUTIVE SUMMARY ACCEPT A $300,000 URBAN INFILL AND REDEVELOPMENT GRANT FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS OBJECTIVE: To spur redevelopment in the Immokalee community by using a grant awarded by the Florida Department of Community Affairs (DCA) to purchase land suitable for affordable housing homeownership. CONSIDERATIONS: On February 20, 2001 Collier County was officially awarded an Urban Infill and Redevelopment Assistance Grant from the DCA. The $300,000 grant is to be used for property acquisition in the Immokalee community within identified redevelopment boundaries. The lots acquired will be redeveloped and new affordable homes constructed. Acceptance of this grant will spur other funding sources to commit to the Immokalee community providing leverage for affordable housing funding. FISCAL IMPACT: The acceptance of this $300,000 grant, will fund redevelopment efforts in the Immokalee community. This is a grant from the DCA, no repayment is required. GROWTH MANAGEMENT IMPACT: This grant will assist the County by enhancing the development of affordable housing in the Immokalee community in accordance with the Housing Element of the Growth Management Plan. RECOMMENDATION: That th¢~'Board of County commissioners adopt the proposed resolution which directs the County Manager or Community Development and Environmental-Services Division AdministratOr to accept the $300,000 Urban Infill and Redevelopment grant from the DCA on behalf of the County and to sign all documents necessary for grant administration. SUBMITTED BY: ~~~~I~,,,, Date: "~'" :~'~" Cormac J. Giblin, Manager Department of Housing and Urban Improvement REVIEWED BY: ~ Date:j zoo -z~ ! 'Gr~ lVl%~halic, Director Department of Housing and Urban Improvement APPROVED BY: j~ ~"~~ . Date: hn M. Dunnuck III, Interim Administrator . Division of Community Development and Environment~ .! APR 1 0 2001 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 RESOLUTION NO. 2001 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO DESIGNATE THE COUNTY MANAGER OR THE DIVISION ADMLNISTRATOR OF THE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION AS THEIR DESIGNEES TO ACCEPT THE URBAN INF[LL AND REDEVELOPMENT GRANT FUNDS ON BEHALF OF THE COUNTY AND TO SIGN ALL DOCUMENTS NECESSARY FOR GRANT ADMINISTRATION. WHEREAS, Collier County has been awarded Urban Infill and Redevelopment Assistance' Grant number 01-II-07-09-21-01-004 by the Florida Department of Community Affairs; and WHEREAS, a portion of the Immokalee community has been identified a~d meets the criteria for the Urban Infill and Redevelopment Grant; and WHEREAS, the Collier County Board of County Commissioners has adopted Ordinance 2000- 66 to delineate the Urban Infil] and Redevelopment Area Boundaries on the Immokalee Future Land Use Map; and WHEREAS, the Immokalee Urban Infill and Redevelopment Plan was prepared based on previously adopted plans for the Immokalee community and meets the criteria pursuant to Section 168.2617(8), Florida Statutes; and NOW, THEREFORE BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The Board of County Commissioners hereby authorizes the County Manager, or the Division Administrator for Community Development and Environmental Services, as their designees, to accept Urban Infill and Redevelopment Grant number 01-11-07-09- 21-01-004 funds on behalf of the County, and to act in behalf of the Board of County Commissioners to sign all documents, including the quarterly reports necessary for grant administration. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts in the Public Records of Collier County, Florida. APR-1 0 2001 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 This Resolution adopted this __ second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, CLERK By; Deputy Clerk By: 04~}oTed as to form and l~'~_ffs~ficiency: Patrick G. White Assistant Count.',, Attorney da5' of ,2001 after motion, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA JAMES D. CARTER. Ph.D., CHAIRMAN ! APR 1 0 200/ EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "AUTUMN WOODE UNIT TWO" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Autumn Woods Unit Two" CONSIDERATIONS: On June 17, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Autumn Woods Unit Two". o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budges. GROWTH MANAGEMENT IMPACT: None APR 1 0 2001 Executive Summary Autumn Woods Unit Two Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Autumn Woods Unit Two" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: J~hn~ R. Houldsworth, Engineering Review Senior Engineer Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Rdb~r't Mulhere, AICP Planning Services Department Director APPROVED BY: John,~. -bunnu~ III, Interim Administrator Comm~}ity Dev. and Environmental Svcs. Date Date j rh APR 1 0 2001 LOCATION NAP No. !~-,'~ ~ APR 1 0 2001 ! 4 5 6 7 8 9 10 '~t 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 4! 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY. DI:L&INAGE, WATER AND SEWER IMPROVEMENTS IN AUTUMN WOODS LNIT TWO. RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOW'NERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on December 16. 1997 approved the plat of Autumn Woods Unit Two for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, ~'ater and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 9%17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUSNTY, FLORIDA, that final acceptance be grm~ted for those roadway, drainage, water and sewer improvements in Autunm Woods Unit Two, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BO.~RD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLORIDA By: JAMES D. CARTER, PHD., CHAIRMAN ,-,amproved as to form and legal U"._ )/A ~, Patrick G. \Vhitc Assistant Collier County Attorney APR 1 0 2001 EXECUTIVE SU~Y FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR DIAMOND LAKES, UNITS TWO AND THREE OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Diamond Lakes, Units Two and Three have 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 November 17, 1997, 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 an Irrevocable Standby Letter of Credit in the amount of $5,570.00, 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. APR I 0 2001 Executive Summary Diamond Lakes, Unit Two & Three 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 Diamond Lakes, Units Two & Three, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley NiX~, Engin~e~i g Technician Engineeri~q_~R'eview Services II Date REVIEWED BY:~· Thomas E Kuc~ P E. Engineering Review Services Manager Date R~ere, AIC Planning Services Department Director APPROVED BY: John!~. Dunnuck, III, Interim Administrator COMM~ITY DEVELOPMENT AND ENVIRONMENTAL SERVICES Date attachments APR 1 0 2001 p~._ ~,~ _ PROJECT -- LOCATION LOCATION MAP APR Pi. 1 0 200! ,.2 'Telex: 620274 (MCI), 7607367 (CCI) _o -Swift: BLICUS 33 NOVEMBER 05, 1997 'APPLICANT'': REPUBLIC NATIONAL BANK OF NEW YL]HK 452 Fifth Avenue, New York, N.Y. 10018 Cable: BLICBANK NEW YORK 'I~NEFICIARY': THE BOAR~ OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA COLLIER COUNTY COURTHOUSE COMPLEX, NAPLES FLORII]A 339&2 WILLOUGHBY GARDENS ASSOCIATES 4409 ALTON ROA~ MIAMI IEACH, FL 33140 OUR LETTER OF CREglT NO.: S145577 I~TE OF EXPIRY: NOVEMI~R 03, 1998 AMOUNT OF THIS CREDIT: US9 5,570.00 PLACE OF EXPIRY: FLORII~ GENTLEMEN: WE, THE REPUBLIC NATIONAL BANK OF NEW YORK, HEREINAFTER "ISSUER' HEREBY OPEN IN YOUR FAVOR, OUR IRREVOCADLE STANgDY LETTER OF C~E~IT BY ORI)ER AND FOR ACCOUNT OF APPLICANT FOR AN AMOUNT OF 7. I~]LLARS 5,570.00 {FIVE THOUSAND FIVE HUNDRED SEVENTY ~ ~00 ) · EXPIRING FOR PAYMENT ON NOVEMBER 03, 1998 YOU ARE AUTHORIZE~ TO VALUE ON REPUII. IC NAT'L BANK OF N.Y.,N.¥, BY DRAWING ~RAFTS AT SIGHT WHEN ACCOMPANIED BY THE FOLLOWIN~ - BENEFICIARY'S STATEMENT PURPORTET~--Y SIGNE~ BY THE COUNTY MANAGER, CERTIFYING THAT: 'WILLOUGHBY BARI)ENS ASSOCIATES HAS FAILE~ TO CONSTRUCT AN~/OR MAINTAIN THE WATER AND SEWER IMPROVEMENTS AS SHOWN ON THE PLANS FOR ~IAMOND LAKES FORMERLY KNOWN AS MIRAGE, OR A FINAL INSPECTION SATISFACTORY TO COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 97-17, AS AMENI~ED, HAS NOT BEEN PERFORMED PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PERFORMANCE SECURITY HAS NOT BEEN PROVIDED TO ANB FORMALLY ACCEPTE~ IP¢ THE ]~ENEFICIARY.' THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF THE ISSUER'S UNDERTAKING AND SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY I~]CUMENTS, INSTRUMENTS, OR AGREEMENT REFERENCED TO HEREIN OR IN UHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH CONTINUED APR 10 2001 LC1218A (5/96) B4 I~. ~ :--: "--'----' REPUBL-[C -NATIC N L BA-NK OF NEW YORK 4§2 Fifth Avenuo, New York, N.Y. 10018 --~ :.- TeleX: 620274 (MCI), 7607367-(CCI) ' Swift: BLICUS 33 Cable: BLICBANK NEW YORK- OUR REF. NO. S145577 ~ ._:} PAGE. 2 : REFERENCE SHALL NOT I)E I]EEME]) TO INCORPORATE HEREIN REFERENCE ANY DOCUMENT, INSTRUMENT OR AGREEMENT. SPECIAL CONDITIONS: A- IT IS A CONBITION OF THIS LETTER OF CREDIT THAT IT UILL IE AUTOMATICALLY EXTENI)ED FOR PERIODS OF ONE YEAR FROM THE EXPIRY I~ATE HEREOF, OR ANY FUTURE EXPIRATION DATE, UITHOUT ANY AMENI~ENT, UNLESS SIXTY /)AYS PRIOR TO ANY EXPIRATION D~TE UE SHALL NOTIFY YOU IN URITINB )Y REGISTERED /CERTIFIED MAIL, AT THE ABOVE INDICATED A~DRESS, THAT UE ELECT NOT TO CONSIDER THIS LETTER OF CREBIT RENEDE~ FOR ANY SUCH ABBITIONAL PERIOD. D- ]]OCUMENTS MUST I)E PRESENTE~ FOR PAYMENT AT THE COUNTERS OF REPUBLIC NATIONAL BANK OF NEW YORK LOCATES AT 2 SOUTH BISCAYNE BLVD, SUITE 1900 MIAMI, FLORIBA 33131 ATT: CREDIT ABMINISTRATION WITHIN THE VALIDITY OF THE CREDIT. C- ALL BRADINGS UNDER THIS LETTER OF CREDIT MUST I)E ACCOMPANIED ~Y THE ORIGINAL LETTER OF CREDIT INSTRUMENT UHICH DILL BE RETURNED TO THE BENEFICIARY AFTER ENDORSING THE BACK OF SAME WITH THE AMOUNT OF EACH DRAWING BY US. D- PARTIAL ~RAWINGS ARE ALLOWEd. - ALL 2ANKING CHARGES OTHER THAN OUR DUN ARE FOR YOUR ACCOUNT. UE HEREBY AGREE UITH YOU THAT DRAFTS DRAWN UNI]ER AND IN COMPLIANCE UITH THE TERMS OF THIS CREDIT DILL I)E I~JLY HONORE~ ON IAJE PRESENTATION TO THE DRAWEES IF PRESENTED ON OR ~EFORE THE EXPIRATION ]]ATE. THE AMOUNT OF ANY DRAFT DRAWN UNDER THIS CREDIT MUST ]3E ENDORSED ON THE REVERSE OF THE ORIGINAL CREDIT. ALL gRAFTS MUST I)E MARKE~ "DRAWN UNDER REPUBLIC NATIONAL BANK OF NEW YORK LETTER OF CREDIT NUMBER S145577 ]]ATE~ NOVEMBER 05, 1997 .' LCI218A (5/96) B4 CONTINUED APR 10 2001 I~,._ ,~ .... ~:,"-~:'__~' MI-'I"'U~LILJ I~1~1 IUIN~L U~I~II~ Ul- i~iEVV YUHr,, . ": 452 Fifth Avenue, New York, N.Y. 10018 Telex: 620274 (MCI), 7607367 (CCI) · Swift: BLICUS 33 Cable: BLICBANK NEW YORK Ot~l~_ REF, NO, S145577 PAC-~ '~ '1 ., CRE]3IT IS SU]~,,.IECT TO THE "UNIFORM CUSTOMS AN]3 PRACTICE FOR I)OCUMENTARY CRE]]ITS,(1973 REVISION), INTERNATIONAL CHAHBER OF COMMERCE PUBLICATION NO. 500'. NATIONAL ]~NK OF NEI4 YORK AUTHO i~TZI~]) S T ~'~ATU RE LC1218,A {.5/96) Bzl A?R 10 2001 EXECUTIVE SUMMARY AWARD OF BID # 01-3209 FOR ARTIFICIAL REEF CONSTRUCTION. OBJECTIVE: To contract with McCulley Marine, Inc. to deliver artificial reef material to the Clam Pass 3 mile artificial reef site. CONSIDERATION: Bids for this project were solicited by the purchasing department beginning March 1, 2001. Notices of the bid invitation were sent to 136 fin-ns. On March 21, 2000 the purchasing department opened bids from two bidders. The total base bids received are as follows: Kelly Brothers, Inc. McCulley Marine, Inc. $90.00 per ton $50.00 per ton Staffhas reviewed the bids received and recommends award to McCulley Marine, Inc. as the lowest, qualified and responsive bidder. FISCAL IMPACT: A total of $45,000 for this project was budgeted from a variety of sources: $25,000 from the Natural Resources Grant Fund (to be reimbursed by the State Artificial Reef Grant Program) and $20,000 from the unincorporated MSTU fund with boaters registration fees as a revenue source. The City of Naples has budgeted $12,500 to reimburse the County through an interlocal agreement adopted by the BCC and the City of Naples on February 13, 2001. The net cost to Collier County will be $7,500. GROWTH MANAGEMENT IMPACT: The grant money will support Objective 7.1 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: That the BCC award bid 01-3209, construction of an artificial reef at clam pass to McCulley Marine, Inc. in the amount of $50.00 per ton (not to exceed $45,000) and that the chairperson be authorized to sign the agreement on behalf of the Board. B~" ~s G. ~¢~,Environmental Specialist REVIEWED k~Y: ~~~'~~, j_ Date: WiJ~m D. Lorenz,Qr. P.E., D~'r~tor, Natural Resources Department f ~VIEWED BY: ~1 ~. G'~"2~ Date: ~-~ SteveCa~l, Di~ctor, Purchasing Department ~PROVEDBY: t~ ~3~~ ~ Date:3~q~, Jo~ ~. Du~uck,~~~trator Community Development & Environmental Se~ices AGENDA ITEM No. A?R 1 0 2001 2001 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE.ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF .GLEN EAGLE GOLF & COUNTRY CLUB, PHASE THREE" OBJECTIVE: To grant final acceptance of the infrastructure improvements' associated with that subdivision known as "Glen Eagle Golf & Country Club, Phase Three" CONSIDERATIONS: 1. On December 28, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Glen Eagle Golf & Country Club, Phase Three" 2. The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None AGF-.ND4 I~'EM . APR 1 0 2001 Executive Summary Glen Eagle Golf & Country Club, Phase Three Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Glen Eagle Golf & Country Club, Phase Three" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: J-o~n R. HoUidsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Robert Mulhere, AICP Planning. Services Department Director APPROVED BY: Date JoSh M. Dunnuck III, Interim Administrator community Dev. and Environmental Svcs. Date j rh AGEi~A ITF,~; APR 1 0 2001 LOCATION MAP NOT TO SCALE AGEJ4~A IT~ , / NO. !/~ .,'~T i I APR~,g. 1_07~ 200] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 01-__ RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE., WATER AND SEWER IMPROVEMENTS IN GLEN EAGLL .GOLF & COUNTRY CLUB, PHASE THREE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE WATER AND SEWER IMPROVEMENT'S THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 6, 1998 approved the plat of Glen Eagle Golf& Country Club, Phase Three for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Glen Eagle Golf & Country Club, Phase Three, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal s~cie~ncy: Patri'~]~'G. White Assistant Collier County Attorney APR 1 0 2001 EXECUTIVE S~Y REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "VILLA LA PALMA AT BAY COLONY" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Villa La Palma at Bay Colony" CONSIDERATIONS: o o o On May 14, 1996, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Villa La Palma at Bay Colony". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Funds for the routine maintenance and upkeep of the water and sewer improvements will come from the Operations and Maintenance budget of the Utilities Division. GROWTH MANAGEMENT IMPACT: None APR 1 0 ZOO1 // Executive Summary Villa La Palma at Bay Colony Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Villa La Palma at Bay Colony" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John-R. Houlasw'orth, Senior Engineer Engineering Review ,,~- ... / ' .;.~:.iThomas E. Kuc~; P.E. Engineering Review Manager Date - Date Planning Services Department Director Date APPROVED BY: J~hn M. Dunnuck III, Interim Administrator Community Dev. and Environmental Svcs. Date j rh No.. j'f t ~ ! 0 001 PROJEC SITE LOCATION MAP APR 1 0 2001 ,3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 55 56 57 58 59 60 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN VILLA LA PALMA AT BAY COLONY, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER AND SEWER LMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEREAS, the Board of County Commissioners of Collier County, Florida, on August 2, 1995 approved the plat of Villa La Palma at Bay Colony for recording; and WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Villa La Palma at Bay Colony, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal .~uff~l~ie.ncy: Patrick G. White Assistant Collier County Attorney APR 1 0 2001 Pg. ~ EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE. ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF ,,NORTHBROOKE PLAZA" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Northbrooke Plaza" CONSIDERATIONS: 1. On January 26, 2000, the Board of County Commissioners granted ..preliminary acceptance of the roadway, drainage, water and sewer improvements in "Northbrooke Plaza". o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land D~velopment Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. o A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None AGENDA 17 79~'1 APR-1 0 2001 Executive Summary Northbrooke Plaza Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance cf the roadway, drainage, water and sewer improvements in "Northbrooke Plaza" and release the maintenance security. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, 'P.~. Engineering Review Manager Date Date ~obe~% Mu!here, AICP Planning Services Department Director Date APPROVED BY: Jo~ M. Du~nuck III, Interim Administrator CoMmunity Dev. and Environmental Svcs. Date AGE~_.~ IT~I[ J No. /~/I ~"~ APR 1 0 :;'001 OF NAPLES AREA MAP No. i (,(./ ..,' i · APR 1 0 2001 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 2! 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, .WATER AND SEWER IMPROVEMENTS IN NORTHBROOKE PLAZA, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPTiNG THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE WATER ANT) SEWER IMPROVEMENT'S THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. %q-IEREAS, the Board of County Commissioners of Collier County, Florida, on February. 23, 1999 approved the plat of Northbrooke Plaza for recording; and Wq-IEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and %q-IEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Northbrooke Plaza, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favonng same. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. JAMES D. CARTER, PHD., CHAIRMAN Approved as to form and legal sufficiency: Patrick G. White Assistant Collier County Attorney APR 1 0 2OO · EXECUTIVE SUMMARY WARD BID NO. 01-3202, PURCHASE & DELIVERY OF ORGANIC AND iNORGANIC MULCH OBJECTIVE: To award Bid No. 01-3202 for the Purchase & Delivery of Organic and Inorganic Mulch for the maintenance of roadway medians and County grounds. CONSIDERATION: 1. Organic and inorganic mulch is required county-wide as a landscaping material. Landscaping Operations, Parks & Recreation, Facilities Maintenance and Water Maintenance Operations, among others, use this contract. 2. Bid #01-3202 was posted on January 26, 2001. Sixty-four (64) inquiries were sent to vendors. Two (2) package were received. There were no bids submitted for Item 1, Bagged 100% Grade A Shredded Eucalyptus mulch. Staff negotiated a price of $2.99 per bag for Eucalyptus mulch with Aaction Mulch of SW FL, Inc. 3. Staff has reviewed the bids and recommends award of Bid No. 01-3202 as follows: to Forestry Resources Landscape Supply Inc. for Items 2 through 10 of Organic Mulch and Item 1 of Inorganic Mulch; to '""~uperior Pine Str~w for Item 12 of Organic Mulch; and, to Aaction Mulch of SW FL, Inc. for Item 1 of Organic ,Iulch. A copy of the bid tabulation is attached. -'~,FISCAL IMPACT: These products will be used by several different departments. Each user department has budgeted funds for the purchase and delivery of mulches according to their needs. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid No. 01-3202 for the Purchase & Delivery of Organic and Inorganic Mulch to Forestry Resources Landscape Supply, Inc., Superior Pine Straw and Aaction Mulch of SW FL, Inc. per the categories in Consideration 3 above. SUBMITTED BY: ~ d~;ro oct Date: Val Prince, Engineer II, Landscape Operations Pamela--~- 'J. Lulich, 3,SLA, Landscape Operations Manager REVIEWED BY: £VEIWED BY: APPROVED BY: -I~,//ransportation Services Director Date: ICP, Transportation, Administrator APR 1 0 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE OF FEE SIMPLE TITLE INTERESTS AND/OR PERPETUAL, NON- EXCLUSIVE ROAD RIGHT-OF-WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE AND MAINTENANCE INTERESTS AND/OR TEMPORARY INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF THE SlX-LANING IMPROVEMENTS FOR GOODLETTE- FRANK ROAD BE'DWEEN PINE RIDGE ROAD AND VANDERBILT BEACH ROAD PROJECT, CIE NO. 65, PROJECT NO. 60134. OBJECTIVE: To adopt a Resolution to acquire by gift or purchase of fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage and maintenance interests and/or temporary interests by easement required to complete the six-laning roadway improvements for Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road, CIE No. 65, (hereinafter referred to as "the Project"). CONSIDERATION: On February 23, 1999, the Board of County Commissioners adopted Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital Improvement Element of the Growth Management Plan. The Transportation Element of the County's Comprehensive Plan was adopted in Resolution No. 99-13 for CIE #52. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and staff has advised the Board that based on these factors and after reviewing these factors with the Board that the most feasible location for the Project is more particularly described in Exhibit "A" of the attached Resolution. This resolution authorizes acquisition through negotiations, only, with owners without the necessity of presenting each parcel to the Board on a case-by-case basis. The Board will be petitioned again if and when condemnation becomes necessary to secure any parcels on this Project not secured through negotiations. ~%FISCAL IMPACT: Total acquisition costs are estimated at $1,620,845, and includes all land, "~'~ ~ i~ents, title policies, surveys, staff time, appraisal fees, etc. for the improvements to Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road, CIE No. 65. Funds in the amount of $1,620,845 are available in District 1 Road Impact Fee funds (Fund 331 ) for the Goodlette-Frank Road Project Number 60134. Expenditures will occur in FY 01 and 02. GROVVTH MANAGEMENT IMPACT: As a Capital Improvement Element project, the recommendation is consistent with the County's Growth Management Plan for CIE #65. ..... APR 1 pg. RECOMMENDATION: That the Board of County Commissioners: (1) Having reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the Project, find that the most fea;ible location for the Project is more particularly described in Exhibit "A" of the attached Resolution; and (2) Adopt the attached Resolution authorizing the acquisition by gift or purchase the fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage and maintenance interests and/or temporary interests by easement required to complete the six-laning roadway improvements for Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road; and (3) Authorize the Chairman to execute the attached Resolution; and (4) Approve any and all necessary budget amendments. SUBMITTED BY: REVIEWED BY: T~ni'A.-MOt~, SuperVisor '- ~char~l~ E~. i~to~n,~lr.,~Dir~eal Prole ) Management Department Real Property Management Department DATE: DATE: REVIEWED BY: ~' ~-~r ['/~,, /~-/?¢~fI, ,A-.-NyankadauK~i, Project Manager Transportation Engineering and Construction Management Department REVIEWED BY: APPROVED BY: ~" ' ,' ?"'~-'- ~ [ '/ ""?~"--' DATE: -~/'~ ~'/~1 Stephen ~. Miller, P.E., Director Transpo~ation Engineering and Construction Management Depa~ment N~rm~ Fed~r, ~dministrator Transpo~ation Division APR l 0 2001 1 2 3 4 5 6 7 8 9 10 RESOLUTION NO. 2001 - A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY GIFT OR PURCHASE IN FEE SIMPLE OR BY EASEMENT FOR THE CONSTRUCTION OF THE SIX-LANING IMPROVEMENTS FOR GOODLETTE-FRANK ROAD PROJECT BETWEEN PINE RIDGE ROAD AND VANDERBILT BEACH ROAD, CIE NO. 65. WHEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted 11 Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital 12 Improvement Element of the Growth Management Plan in order to establish priorities for the design, ]3 acquisition and construction of the various capital improvement projects. The Transportation Element 14 of the County's Comprehensive Plan was adopted in Ordinance No. 99-13; and 15 WHEREAS, the six-laning roadway improvements to Goodlette-Frank Road between Pine 16 Ridge Road and Vanderbilt Beach Road are component parts of the Transportation Element of the 17 County's Comprehensive Plan; and 18 WHEREAS, alternate locations, environmental factors, long range planning, cost variables, I9 concurrence, safety and welfare considerations have been reviewed as they relate to the 20 implementation of said transportation improvements; and it has been recommended by County Staff 2] that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the 22 acquisition of property rights required for the construction of the six-laning roadway improvements for 23 Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road, hereinafter r&erred to as 24 "Project" as identified on Exhibit "A" attached hereto and incorporated herein by reference; and 25 WHEREAS, the design and construction of said transportation improvements and related 26 facilities have been determined by the Board to be necessary and in the best interest of Collier County; 27 and 28 WHEREAS, the construction of the transportation improvements and related facilities 29 contemplated by the Project are necessary in order to protect the health, safety and welfare of the 3o citizens oie Collier County, and will assist Collier County in meeting certain concurrency requirements 31 of the Growth Management Plan for Collier County. 32 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 33 COLLIER COUNTY, FLORIDA, that: 34 l. The Board has considered the environmental factors, safety factors and fiscal considerations 35 relating to the final adopted location of the transportation improvements and related facilities. .&,PR 1 0 200i -- 2. The acquisition area identified on Exhibit "A" is the most feasible location, both necessary and 37 consistent with the project requirements, in order to permit the construction and maintenance of the 38 transportation improvements and related facilities for Goodlette-Frank Road between Pine Ridge Road 39 and Vanderbilt Beach Road, CIE No. 65. 40 3. The Board has determined that the construction and maintenance of the six-laning 41 transportation improvements and related facilities are necessary for a public purpose and is in the best 42 interest of Collier County. 43 4. The construction and maintenance of the transportation improvements and related facilities are 44 compatible with the long range planning goals and objectives of the Growth Management Plan for 45 Collier County. 46 5. It is necessary and in the best interest of Collier County for the Board to acquire in fee simple 47 or by easement the property within the acquisition area identified in Exhibit "A"; and County Staff is 48 hereby authorized and directed to acquire by gift or purchase the acquisition area in fee simple or by ~ easement for road right-of-way, sidewalk, slope, utility, drainage, maintenance and/or temporary 50 construction purposes in accordance with the right-of-way map and construction plans for the Project. 51 6. The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the 52 appraisal firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners. 53 The Board further directs staff to use appraisal reports or internal compensation estimates as. staff 5~ determines is necessary to best serve the needs of the Project in a timely and cost-effective r~anner. 55 7. The Board, in accordance with the provisions of Chapter 125.355, Florida Statutes, hereby 56 formally waives the requirement for a formal, independent appraisal report for the purchase of a 57 property where the purchase price of the parcel (the compensation due to the property owner) is less 58 than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal 59 report, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of 60 which shall be predicated on "staff compensation estimates" based upon independent appraisals (and 61 the data therefrom) obtained on similar properties and upon consideration and application of appropriate market value and cost data pertinent to the subject parcels. 63 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject 64 property acquisition, Real Property Management Department staffis hereby directed to offer 65 immediate delivery to the respective property owners of the full compensation (as established by the 66 appraisal or staffcompensation estimates in accordance with the provisions of Chapter 125.355, APE 113 67 68 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 Florida Statutes), in return for the immediate and proper execution of the respective easements, or deeds and such other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to protect the interests of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of the Project, to execute any instruments which have been approved by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be required for the fee simple title. 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" or "Easement Agreement" mechanism, the Director of the Transportation Engineering and Construction Management Department, or his designee, is charged with the responsibility for completion of various capital improvement projects, and is hereby delegated the authority to approve the purchase of land interests above the staff compensation estimate or appraised value and pay normally related costs when it is in the best interest of the Project, within the pro-rata share of the land rights acquisition budget for the parcel being acquired, only when the difference between the purchase price and compensation estimate or appraised value is less than Twenty-five Thousand and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County Purchasing Department; provided, Project funding is available. 10. That the settlement approval authority is delegated by the Board to the extent that such approvals do not conflict xvith the provisions of Section 125.355, Florida Statutes. 11. The Chairman of the Board is hereby authorized to execute Easement Agreements arid Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at the "Administrative Settlement Amount" in accordance with Paragraph 9. 12. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or fee simple title, and such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing body of Collier County, Florida, a political subdivision of the State of Florida, and as such, staffis APR 1 0 200I "-- hereby authorized to record in the Public Records of Collier County, Florida, said easements or fee 99 simple title and such other instruments as may be required to remove the lien of any encumbrance from 1 oo the acquired properties. THIS RESOLUTION ADOPTED on this __ day of ,2001, after motion, second and majority vote. 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 ATTEST: DWIGHT E. BROCK, CLERK Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN 123 Approved as to form and 124125 legal~ufficiency/ 127 Heidi F. Ashton 128 Assistant County Attorney APR 1 0 2001 SECTION 34 SECTION / / / SECTION 10/ AGENDA ITEM No._I(~ ,~. - ~ 1 0 ZOO'} EXECUTIVE SUMMARY APPROVE A CONSTRUCTION AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR MODIFICATIONS TO THE SIGNAL AND STREET LIGHTING SYSTEM ON US 41 EAST (SR 90). OBJECTIVE: To finalize the traffic signal and street lighting work along US 41 East (SR 90). This is work not performed by the FDOT contractor for the recent roadway improvements. CONSIDERATIONS: The FDOT recently substantially completed all of the roadway imp.rovements to the section of US 41 East from Davis Boulevard to Rattlesnake Hammock Road. During the course of the construction work, it became apparent that the contractor and one of the major subcontractors would be unable to complete the work associated with the street lighting and traffic signals. This work consists mainly of minor finishing touches, paint touch- ups, electrical work, and other miscellaneous tasks. Collier County is the maintaining agency for these improvements (street lights and traffic signals). The County has entered into a maintenance agreement with the FDOT; however, the County has refused to accept the work as performed. To remedy the deficiencies, Collier County has agreed to do the final tasks necessary to assure the integrity of the system. FDOT has agreed to pay Collier County to perform this work. FISCAL IMPACT: The Agreement specifies that FDOT will pay the County a total of $90,000 for all work to be performed. Staff has determined that this amount will be sufficient to cover all anticipated expenses. The work will be performed by County personnel and by contractors already under contract with the County. Funds will be made available from the Transportation Service Fund (101). GROWTH MANAGEMENT IMPACT: None APPROVED BY: E. F~der, RECOMMENDATION: That the Board approve the attached Agreement; authorize the Chairman to sign it on behalf of the Board; and, authorize staff to provide any necessary documentation to carry out the intent of the Board's direction. ~ortation Operations Director Attachments: Transportation Administratot NO. 1 - FDOT Construction Agreement DATE: ~2 '~'~ DATE: FlVl No.: 19536515801 County ' Collier STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION CONSTRUCTION AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF. TRANSPORTATION, an agency of the State of Florida, hereinafter refe.rred to as the "DEPARTMENT", and the COLI_IER COUNTY, hereinafter referred to as the "COUNTY". WITNESSETH WI4F~REAS, the COUNTY has the authority to enter into said Agreement and to undertake the Project hereinafter described; and WHEREAS, the Project is on the State Highway System and the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and ~S, the DEPARTMENT will compensate the COUNTY for costs directly related to the construction of the Project; and WHEREAS, the COUNTY by Resolution No. dated the d~ty of ' .... 2001, a copy of which is attached hereto and made a part hereof, has auth°rized its Chairman to execute this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: 1-SERVICES AND pERFORMANCE A. The DEPARTMENT does hereby retain the COUNTY to furnish certain services with which to construct the Project. Said Project consists of: Make modifications to signal and lighting system as detailed on list attached hereto as Exhibit "A" and by this reference made a part hereof. B. The COUNTY agrees to undertake the construction of ~he Project with its own forces, or through a contractor, in accordance with DEPARTMENT's standards, specifications, permit requirements, and all applicable federal, state, and local statutes, rules and regulations. The COUNTY shall be responsible for obtaining clearances/permits required for th~ No._ Project from the appropriate permitting authorities. ATTACHNIENT NO. / APR 1 0 2001 C. Before any additions or deletions to the work described in paragraph IA, hereinabove, and before undertaking any changes or revisions to such work, the parties shall enter ' into a Supplemental Agreement covering such modifications and the compensation to be paid therefore. Performance of any such services prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto: D. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be' maintained by the COUNTY with representatives of the DEPARTMF~NT. E. The DEPARTMENT must approve scope of services (prior to advertising by the COUNTY) and the contractor selected for the Project. All work to be performed under this Agreement is to be in accordance with DEPARTMENT's requirements and all applicable federal, state and locar statutes, rules and regulations. F. The COLrNTY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMF~NT. G. All tracings, plans, specifications, maps and/or reports prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of the DEPARTMENT without restriction or limitation on their use. The DEPARTMENT wi/1 have the right to visit the site for inspection of the work and the drawings of the COUNTY at any time. H. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Daniel W. Foss, P.E. District Construction Engineer Florida Department of Transportation Post Office Box 1249 Barrow, Florida 33831-1249 TO COUNTY: Edward J. Kant, P.E. Transportation Operations Director Collier County Government 2705 S. Horseshoe Drive Naples, Florida 34104 2-TERM A. The services to be rendered by the COUNTY shall commence, subsequent to the execution of this Agreement, upon written notice from the District Construction Engineer or his/her designee ("Notice") and shall be completed within 180 days from the date of said Notice. B. This contract shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. AIIACHM'ENI NO. PAGE ~ OF A I-- APR 10 2301 3-COMPENSATION AND PAYMENT A. The DEPARTMENT, after its f'mal acceptance of the Project, will pay the COUNTY for the actual cost of the work done to complete the Project (as described in paragraph lA hereinabove). Said payment will be a lump sum amount not to exceed NINETY THOUSAND AND NO/100 DOLLARS ($90,000.00). The DEPARTMENT shall have the right to retain out of any payment due the COUNTY under this Agreement an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the COUNTY on any other Agreement between the COUNTY and the DEPARTMENT. - 13. COUNTY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the COUNTY. Interest penalties of less than one (1) dollar will not be enforced unless the COUNTY requests payment~ Invoices which have to be returned to the COUNTY because of COUNTY preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the DEPARTMENT. C. The COUNTY shall submit one invoice (3 copies), plus supporting documentation re~tuired by the DEPARTMENT. Payment shall be made to the COUNTY upon completion of all services, as approved by the DEPARTMENT. D. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include ac, ting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payments(s) from a state COUNTY. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792- E. Records of costs incurred under terms of this Agreement shall be maintained and made available Upon request to the DEPARTMENT at all times during the period, of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the COUNTY's general accounting records and the project records, together with supporting documents and records of the COUNTY and all subcontractors performing .work 'on the project, and all other records of the COUNTY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 3 ATTACHMENT NO._ PAGE 3 OF APR 1 0 2001 Pg.. A__ F. The DEPARTMENT, during any fiscal year, shall not expend mOney, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. G. A person or afl'fflate who has been placed on the convicted vendor list following a conviction for a public entity Crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not sUbmit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4-INDEMNITY AND ENSURANCE A. i) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY, its officers, agents, employees or contractors/subcontractors or due to any negligent act or occurrence of omission or commission of the COUNTY, its officers, agents, employees or contractors/subcontractors. Neither COUNTY nor any of its officers, agents, employees or contractors/subcontractors will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. ii) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, who perform work in connection with this Agreement: "The contractor shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor, nor any of its officers, agents or employees will be Liable under this section PAGE -T OF /Z- AOF_~D~ IT~ APR 1 O 2001 for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." B. INSURANCE. The COUNTY shall carry and keep in force during the period of this Agreement public liability and worker's compensation insurance policies in accordance with Section 7-13 of the DEPARTMENT's Standard Specifications for Road and Bridge Construction (2000), as amended. 5-COMPLIANCE WITH LAWS A. The COUNTY shall 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 COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The COUNTY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature or a state COUNTY. D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, ankl subcont/actors are f~ot agents of the DEPARTMENT as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. 6-TERMINATION AND DEFAULT A. This Contract may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment be made for the benefit of creditors. This Contract may be canceled by the COUNTY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the COUNTY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the cOUNTY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPART ,:Ei-~'~D No.,__~- "~ - 5 ATTACHMENT NO._ PAGE ,.5" OF APR 1 0 2001 Pg. ¢ C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the COUNTY, the DEPARTMENT shall notify the COUNTY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the COUNTY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for bY. this Agreement. Ail work in progress will become the property of the DEPARTMENT and will be turned over promptly by the COLrNTY. 7-MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party other than the COUNTY. C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall fie predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force 'and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material .6 ATTACHMENT NO, / PAGE ~ OF / z. APR 1-0 2001 to the intended operation of this Agreement. F. This Agreement shall be governed by' and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Collier County, Florida. G. Attachments. IN WITNESS WHEREOF, the COUNTY'has caused this Agreement to be executed in its behalf this ~ day of .., 2001, by its Chairperson of the Board of County Commissioners, authorized to enter into and execute same by Resolution Number dated ,2001, and the DEPARTMENT has executed this Agreement through its District Secretary for District One, Florida Department of Transportation, this ~ day of ,2001. BOARD OF COUNTY COMMISSIONERS COLLAR COUNTY, FLORIDA ATTEST: CLERK (SEAL) BY: CHAIRPERSON ApproWed as to fore &~egal suffictenc~ - Assistant County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: EXECUTIVE SECRETARY .(SEAL) BY: DISTRICT SECRETARY DISTRICT ONE District Construction Engineer Approval: Legal Review: H: \US ERS\LG 150 P..L\WH C~L.EGAL\CON STRCO. UNT ATTACHMENT NO. PAGE 7' OF /Z~ APR i D 22 )1 PI)- ~ - COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DMSION TRANSPORTATION OPERATIONS DEPARTMENT January 25, 2001 Daniel W. Foss, P.E. District Construction Engineer Flor/da Department of.Trans ~ortation District One 801 North Broadway Bat'tow, FL 33830 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation@colliergov, net Fin. Project ID: 195238-1-52-01, 195365-1-52-01 WPI No.: 1114009 & I 114137 State Project No.: 03010-3545, 03010-3554 SR 90 (US 41), Collier County Contract No. 19807 Correction of Signals and Street Lights, Collier County Dear Mr. FOSS:. 'Enclosed,' per your rSquest, is the signed deficiency listing you provided by letter of January 19, 2001. Please have an Agreement prepared so we can submit it to the Board of County Commissioners for rev/ew, approval and authorization by the Board. If there are any quest/om, or if you need any additional information, please do not hesitate to contact me. '. ~ Very truly yours, Edward J. KanT,_/i~/E/. Transp ortatio~/,~,?~'rat/ons Director cc: Norman L~.'Feder, AICP, Transportation Administrator Dale A. Bathon, P.E., Traffic Operations Manager Robert W. Tipton, P.E., Traffic Engineer File: US 41 East (Signals/Street Lights) Enclosure as stated: January ?,-2001 de_n_er_from IATTACHMENI' NO. AOEN~A J~EMb APR 1 0 2001 PI]._ q ~ BUSH GOVERNOR January 19, 2001 Florida Department of Transportation 801 N. Broadway Bar~Ow. Florida 33830 THOMAS E BARRY, JR. SECRETARY Mr: Ed-Kant ' Director, Collier County TransPortation SerVices 2705 S. Horseshoe Dr. Naples, FL 34104 Re: Fin_ Project ID: 195238-1-52-01, 195365-1-52-01 W-PI No.: 1114009 & 1114137 State Project No.: 03010-3545, 03010-3554 SR 90 (US 41), Collier County Contract-No.: 19807 Subject: Correction of Signals and Lights; Collier County Dear Mr. Kant: On Jan. 9, 2001, an inspection was conducted to determine remaining discrepancies in the c~gn ~ O~ .':~ of traffic signals and street lights on the subject project. Persons in attendance were: Victor Philogene - Steve Griffin Scott Via Glen Lowrie-Smith Jack Wall John Shaw Collier County Fla. DOT Mid-Continent Electric Mid-Continent Electric Parsons Brinckerhoff Parsons Bfinckerhoff Those items found to be deficient were as follows: 2. 3. 4. 5. All street light poles need paint touched up on upper portion. Street light poles have _not been numbered. Street light base cover is missing in'the traffic island at Bayshore. Street light base cover is broken, west of Palm Ave. Two street light poles are missing at the west end of the project (damaged by vehicle impact, not replaced). The southbound three-section traffic signal on Shadowlawn needs to' be aligned, with the through lane. . A pull box on the northeast comer of Shadowlawn should be replaced due to an un.qtable lid. Backfill is needed in back of the sidewalk and a pull box raised on ~ e porthwes-t e. nr~' ~-- Commercial. 9. Underpavement Conduit is missing for the interconnect system across' U5 ' / District Co~sm3~on Offic~ 801 ~Iorth Broadway Avenue * P. O. Box 1249 * Barrow, FL 33831-1249 ATTACHMENT NO. / j PAGE ~ OF /Z j www.dot.state.fl.us APR 1 0 2.001 I 0. All mast arm top plates, end caps and handhole covers need to be installed (to be supplied by DOT). 11. Sod is needed at various locations on all foUr interSections (apprOximatelY.tWo Pallets). 12. The electrical sermce fi.om underground to the pole on the Northwest comer of Commercial Ay. and US 41 is improper. 13. Street light on the Northwest comer of Courthouse Shadows and US 41 is out. 14. Two complete poles with lamps and luminaries are to be provided. 15. Megger readings for ground rods have not been submitted. We are aware of several locations rW3e_re,,a~,dditi, onal.ground ro.ds are .needed due to inadequate resistance to ground or missing os. ~ner ~ocauons are undetermined due to not yet being tested. These locations are: Station Side ID DiscrePancy Other Deficiencies 76+35 LT signal pull box 41 ohmn 77+38 LT loop pull box 28 ohms 77+55 LT signal pull box 49 ohm.q 108+35 LT looPpull box 46 ohm.q 109+50 LT signal pull box 50 ohm.q 1'10+50 LT signal pull'box 32 ohms COMMERCIAL ST. NW. comer Ped Bole pull box Untested NE comer Light Untested 84+ 10 RT 77+65 LT 78+90 LT 82+65 LT 84+05 LT 85+30 LT 88+05 LT 92+30 LT 94+90 LT 96+40 LT 97+20 LT NW comer, Pelton NE comer, Pelton St. 98+95 LT 100+40 LT 101+70 LT 102+70 LT Light Light Light Light Light Light Light Light Light Light Light St. Pull box Pull box Light Light Light Light CHMENI' NO. ___.__.~~"~o~ ' /~ OF ./z ] Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested Untested District ComU~cfion Offic~ North Broadway Avenue * P. O. Box 1249 * Barrow, FL 33831-1249 863-519-2222 * 863-534-0071 (Fax} APR 10 2001 PO- 1~ 1034-20 LT Light 1044-50 LT Light 106+00 LT Light Untested Untested Untested BAYSHORE/SHADOWLAWN NW comer Pull box/Light pole NE comer 2 pull boxes Pull box at WB mast arm Pull box at north ped pole crossing 41 South ped pole crossing 41 Untested Untested Untested Untested Untested Load center B, sm. 120+25 RT Untested AIRPORT-PULLING RD. SE comer SE comer SW comer SW comer SW comer ~' COmer NE comer Pull box Untested Ped pole Untested Pull box Untested Ped pole crossing Peters, Untested Ped pOle crossing 41 Light .pole Pull box Untested No ground No ground 127+75 LT Pull box No rod 128+05 LT Light Untested 130+60 RT Pull box No rod 133+85 RT Pull box No rod 133+50 RT Interconnect pull box No rod 133+90 RT Interconnect pull box No rod COURTHOUSE SHADOWS/WALMART SW comer Ped pole SW comer Light SE comer Loop pull box SE comer by ,cabinet Loop pull box SE comer Untested Untested 48 ohms 33 ohm.q Interconnect pull box 31 ohrn.q Connect ground No duct seals ACHMENT NO. E / / OF /'L. District Construction Office North Broadway Avenue * P. O. Box 1249 * Barrow, FL 33931-1249 863-519-~'~ * 863-534-0071 (Fax) AGEN I ApR 10 2001 As discussed, the Department is willing to reimburse Collier County for completion of this work. .This letter; Once signed by the County, will become the basis for the reimbUrSement contract. Please. cortfirm that this is a complete listing of remaining items and. indicate your agreement by 'si~ing in the space provided below and return a copy to me. Your assistance in this matter is appreciated. Sincerely, Daniel W. Foss, P.E. District Constnlction En~ne .er CC.' Ralph Mervine Tommy Tyner John Shaw, PBCS Inc. I agree that the above listing of discrepancies is accurate and Coll/er ._. ,rations ACHMENI NO. / ~"! ~om District Consmacfion Office Broadway Avenue * P. O. Box 1249 * Barrow, [~L 33831-1249 863-519-~? * 863-534-0071 (Fax) '" AGE~I,D.~TEM No. /~..~ ~ APR 1 0 2001 RESOLUTION NO. 2001- A RESOLUTION AUTHORIZING THE COUNTY MANAGER TO ENTER INTO A CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR NECESSARY MODIFICATIONS TO THE SIGNAL AND STREET LIGHTING SYSTEM ON A PORTION OF US 41 EAST (SR 90) FROM SR 84 (DAVIS BOULEVARD) TO CR 864 (RATTLESNAKE HAMMOCK ROAD) WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. 5 6 7 8 9 10 11 12 13 14 15 16 WHEREAS, the Florida Department of Transportation (FDOT) has substantially 17 completed all of the roadway improvements to the portion of US 41 (SR 90) from SR 84 (Davis 18 Boulevard) to CR 864 (Rattlesnake Hammock Road), and 19 WHEREAS, the FDOT's contractor and sub-contractor are unable to complete the work 20 associated with the traffic signals and street lighting on this portion of US 41; and 21 WHEREAS, Collier County is the maintaining agency for the traffic signal and street 22 lighting improvements and has entered into an agreement with the FDOT for maintenance of 23 these improvements; and 24 WHEREAS, Collier County has refused to accept the work that has been performed by 25 the FDOT contractor and/or subcontractors as there are deficiencies in the work (e.g., minor 26 finishing touches, electrical work, paint touch-ups, other miscellaneous tasks); and 27 WHEREAS, Collier County has agreed to do the work necessary to complete the traffic 28 sign and street lighting project to ensure the integrity of the system, and the FDOT has agreed to 29 pay Collier County the sum of $90,000 to do said work. 30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 31 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 32 SECTION 1. The Board of County Commissioners authorize the County Manager to enter into 33 a Construction and Maintenance Memorandum of Agreement with the FDOT for necessary 34 modifications to the signal and street lighting system on a portion of US 41 East (SR 90) from 35 SR 84 (Davis Boulevard) to CR 864 (Rattlesnake Hammock Road) within the unincorporated 36 area of Collier County, Florida. Said work to be performed by Collier County with payment for 37 same to be made to Collier County by the FDOT. 38 SECTION 2. The Clerk to the Board is hereby directed to forward a certified copy of this 39 Resolution to the Florida Department of Transportation, Bartow, Florida. Page 1 of 2 No.A~ND T -- APR f 0 2001 4 5 6 7 8 9 10 11 12 13 14 15 1 SECTION 3. This Resolution shall take effective immediately upon adoption. 2 ADOPTED by the Board of County Commissioners of Collier County, Florida at regular 3 meeting assembled this day of ,2001. ATTEST: DWIDHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:. By: Ap~rm and ~ency: JAMES D. CARTER, Ph.D., Chairman Page 2 of 2 EXECUTIVE SUMMARY ACCEPT A ROAD RIGHT-OF-WAY EASEMENT FROM JULIO F. AND DINA J. ORDONEZ, REQUIRED FOR THE CONSTRUCTION OF A TURN LANE AT 5TH STREET SW FOR THE GOLDEN GATE BOULEVARD PROJECT, CIE PROJECT NO. 62 (ULTIMATE FOUR LANE ROADWAY). OBJECTIVE: To accept a Right-of-Way Easement from Julio and Dina Ordonez (Owners), required as part of the widening of Golden Gate Boulevard for the construction of a turn lane onto 5th Street SW. CONSIDERATION: Due to safety concerns forcing design changes, a Right-of-Way Easement is now required from the Owners, which will enable Collier County to construct and install a turn lane to be situated on the Owners' property that will facilitate traffic flow onto 5th Street SW. The Owners have already conveyed a Drainage, Sidewalk, Utility & Maintenance Easement along this property as part of the overall project, but due to safety concerns the turn lane design has been lengthened and a Right-of-Way interest is now required for the encumbered property. 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. Staff will acquire the Easement via a donation. FISCAL IMPACT: Total acquisition with documentary stamps and recording costs will not exceed $15.00. Funding is available in the Gas Tax Road Construction Fund 313 for Golden Gate Boulevard Project Number 63041. GROWTH MANAGEMENT: As a Capital Improvement Element Project, the recommendation is consistent with the County's Growth Management Plan for CIE #62. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and accept the Right-of-Way Easement granted by Julio and Dina Ordonez; 2. Authorize the Chairman to execute the affiliated Donation Agreement; Authorize staff to proceed with the 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. AG IfllD~ITE. NI No. APR 1 [I 2001 Pg. SUBMITTED BY: REVIEXVED BY: Er~ie ~V. Kerskie, al Property Specialist III Real Property Management Department Chhrles E]Carrington, Jr., D~r~ctor t Real Property Management Department DATE: DATE: ~"O~\-O \ REVIEWED BY: j~~ DATE:-~/~/~ / Nyankadau Korti, Project Manager II Transportation Engineering and Construction Management Department REVIEWED BY: APPROVED BY: , Stephen L. ~iller, P.E., Director Transport~ion Engineering and Construction Management Department : ~ DATE: Norn~n Fed. er, AICP, Administrator Tra/ffsportation Division AGEHD. AI~E~ APR 1 0 2001 PROJECT: Golden Gate Boulevard PARCEL NO.: 314B / Ordonez FOLIO: 37163760001 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between JULIO F. ORDONEZ and DINA J. ORDONEZ, Husband and Wife, (hereinafter referred to as "Owned'), whose mailing address is 2200 45~ Terrace SW, Naples, FL 34116-6359, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of road right-of-way 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 County for the stated purposes, on the terms and conditions set forth herein; and WHI~REAS, 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 b;) County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral 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 County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. APR 1 0 2001 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida APR 1 0 2001 Pg. _~_~.~,.~ 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 AS TO OWNER: (~E%SES: Wi~:r~.~j~ n~ur~e) (Print) Witness (Signature) Name: (Print) Wit ess (S~ture) (~r~) ',' Witness (SLgnature) Name: (Print) Dina J. Ordonez Approved as to form and legal sufficiency: Robert Jachary Assistant County Attorney APR 1 0 2001 OFFICE OF CAPITAL 3301 EAST TAMIAMI TRAIL (941) 774-8192 PROJECTS NAPLES, FLORIDA 34112 SKETCH OF DESCRIPTION EXHIBIT /~ (NOT A SURVEY) Page I o~ PROJECT NO. 63041 PROJECT PARCEL NO. 314B (100' RO.W,) GOLDEN GATE BOULEVARD L EXIST. 50' R TRAC1 EASEMENT~-~ -/ 2§FOOT EASEMENT EAST ONE HALF TRACTS0 5O NORTH PROPERTY LINE EXISTING RIGHT ...... OF WAY LINE 105' DESCRIPTION: L330' SOUTH PROPER TY LINE THE SOUTH 25 FEET OF THE NORTH 75 FEET OF THE EAST ONE HALF OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PAGE 105. OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. Ag~D_~IT~J NO APR 1 0 2001 Pg. ~ IDAlE FILE JULY 20, 1998 GGB314B SHEET 1 OF ! PROJECT: 63041/Golden Gate Blvd. PARCEL: 314B/ORDONEZ FOLIO: 37163760001 EASEMENT THIS EASEMENT, made and entered into this le~ct day of Y~q/qs~'/-SCF ,2001, by JULIO F. ORDONEZ AND DINA J. ORDONEZ, Husband and Wife, whose mailing address is 2200 45~ Terrace SW, Naples, FL 34116-6359, as Grantor to COLLIER COUNTY, a political subdivision of the 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, successors and 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, a perpetual, non-exclusive easement, license, and privilege for road right-of-way 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 VACANT LAND AND NOT THE HOMESTEAD PROPERTY OF THE GRANTOR TO HAVE AND TO HOLD the same unto' the Grantee, together with the right to enter upon said land, place, excavate, remove all landscaping, trees, shrubs, improvements or fixtures located thereon and take materials for the purpose of constructing, operating and maintaining road right-of-way 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. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Wit n e s s_~.(.~¢ n a't u re) Name: ~ f -.-~ ~. .. (-Pl/i~t or Ty;p~) V~itness ~Signature) Name: ~r~5¢ ~. (Print or Type) Naples, FL 34116-6359 APR 10 2001 Page 2 Wit r~'~ ~'S_i-~at~u re) ., Name\ ~. (Print or Type) Witness (Signature)~ Name: ~',xz~r ~J ~r-,4F-~ (Print or Type) DINA J. Address: 2200 45~ Terrace SW Naples, FL 34116-6359 STATE OF COUNTY OF The foregoing Easement was acknowledged before me this__1~'1-¢¢ day of ~ ¢0~-¢_ c ~ ,2001, by JULIO F. ORDONEZ, who is personally known to me or who has prqduced ~J/,F as identification. (affix notarial seal) (Si~r~ature-of Notary Public) Ernest W. Kerskm Expi~ June 21, 2002 ~TLA~ C BONDING ~. ~NC (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: My Commission Expires: STATE OF ,~uc'¢t I~ Ct COUNTY OF 4Lot_.~_~-t'~ The foregoing Easement was acknowledged before me this ~'1~ day of ¢"~'¢¢--~d , 2001, by DINA J. ORDONEZ, who is personally kno~wn to me or who has produced ,¢ (' ~ as identification. (affix notadal seal) (Signature of Notary Public) Prepared by:. ~ Robert N. Zachary, Esquire Office of the County Attorney 3301 ~East Tamlami Trail Naples, Florida 34112 (941) 774-84O0 (Print Name of Notary Public) NOTARY PUBLIC Serial/Commiss M /Commis ior APR 10 2001 pg. ~';' OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL (941 ) 774-8192 NAPLES, FLORIDA 34112 SKETCH OF DESCRIPTION EXHIBIT ~ (NOT A SURVEY) PROJECT NO. PROJECT PARCELNO. (lOO' R.O.W.) GOLDEN GATE BOULEVARD L 330' EXIST. 50' R~EABEMENT ..... 25 FOOT ~O,qp If, l&~T- OF- W~y EASEMENT EAST ONE HALF TRACT 50 TRAC' 5O 165' i DESCRIPTION: THE SOUTH 25 FEET OF THE NORTH ?§ FEET OF THE F-..AS T ONE HALF OF TRACT 50, GOLDEN GATE ESTATES UNIT NO. 12, AS RECORDED IN PLAT BOOK 4, PACE 105, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORID.~ PROPER'Cf LINE O. VV^¥.,.E ~ EASTPROPERT~U,'~E APR 1 0 2001 Pg. fl 1" - 100' JULY 20, 1998 GGB3148 SHEET 1 OF 1 EXECUTIVE SUMMARy RECOMMENDATION THAT TI~E BOARD OF COUNTY COMMISSIONERS AWARD RFP gOO- 3152 FOR AN ENVIRONMENTAL CONSULTANT FOR CLAM BAY RESTORATION TO TURRELL AND ASSOCIATES, INC. AND THAT THE CHAIRMAN BE AUTHORIZED TO EXECUTE THE CONTRACT DOCUMENTS UPON ATTORNEY REVIEW. OBJECTIVE: To award RFP #00-3152 for an Environmental Consultant for Clam Bay Restoration to Tun'ell and Associates, Inc. and that the Chairman be authorized to execute the contract documents upon Attorney review. CONSIDERATIONS: On February 27, 2001 the Board approved the short list of consultants for RFP g00-3152 and for staff to negotiate with the top ranked firm. Terms have been agreed upon with the top ranked firm, Tun'ell and Associates, Inc. Therefore, staff recommends that RFP g00-3152 be awarded to Tun'ell and Associates, Inc. and that the Chairman be authorized to execute the contract documents upon Attorney review. ,.~, FISCAL 1MPACT: The contract award to Turrell and Associates for Environmental Consulting Services ~(RFp g00-3152) is in the amount of $95,000. There is $95,000 budgeted for this contract in the Fiscal Year 2001 Clam Bay Restoration Fund (320). It is recognized that there may be future costs identified by the consultant for environmental improvements/remediation resulting from this year's monitoring activities. The costs of any recommended improvements will be requested in future Clam Bay Restoration Fund (320) budget(s). GROWTH MANAGEMENT 1MPACT: None RECOMMENDATION: That the Board of County Commissioners award RFP #00-3152 for an Environmental Consultant for Clam Bay Restoration to Turrell and Associates, Inc. and that the Chairman be authorized to ex(c~ the co~r~jdocuments upon Attorney review. ' 7ames P. ~3/ard ,/Depa.rtment Director · Steve carnell ..... ,~? j Purc.~. i~ irector ' . APPROVED ~dward'J,d~ant~ ~{~ctor . DATE: Transrug~a~ion oger~t ons Norm/fin Feder, AICP, Administrator Tra/9~portation Division DATE: APR 1 0 2001 p~-/ EXECUTIVE SuMMARy APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF N,~JISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE Pi. JBLIC RECORDS OF COLLIER COUNTY, FLORIDA OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of Liens, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is approximately $72.00 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of LiCrx documents filed against,real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. - BY:/ C ~.%Qt.L, Date: SUBMITTED Pam Callis~evenue Supervisor Solid V)~.te Coll~tio~ns -' REVIEWED BY: ~//~, /4~__ Date: Te~es~ X. Riesen, Collections Revenue Manager Solid Waste Collections .~/ , ~ .~,3-~: ? Date:~/' REVIEWED BY: ,~'~---~ G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Diregtoe~olid Was,~ ~n3~rne~artment APPROVED BY: ~f.~_,~7~--,--~,.~ ,,~,~dS~,'~{/ - Date: .... J Jan~V. Mudd, p.E. Administrator Public Utilities Division EXHIBIT "A" 1. Louis & Loretta Cambruzzi, Folio # 62156680008, Lot 10, Blk 10, Naples Manor Annex 2. Louis & Loretta Cambruzzi, Folio # 62156680008, Lot 10, Blk 10, Naples Manor Annex 3. Louis & Loretta Cambruzzi, Folio # 62156680008, Lot 10, Blk 10, Naples Manor Annex 4. Fera, Frank & Sharon J., Folio # 57208240000, Lot 26, Blk 167, Unit 5, Marco Beach 5. Partrick S. Viguie and Martine Viguie, Folio # 57208240000, Lot 26, Blk 167, Unit 5, Marco Beach 6. Thomas & Lorraine Sanzalone, Folio # 62256800005, Lot 5, Blk 8, Naples Manor Lakes 7. Thomas & Lorraine Sanzalone, Folio # 62256800005, Lot 5, Blk 8, Naples Manor Lakes 8. Thomas Sanzalone ET UX, Folio # 62256800005, Lot 5, Blk 8, Naples Manor Lakes 9. Thomas Sanzalone ET UX, Folio # 62256800005, Lot 5, Blk 8, Naples Manor Lakes 10. Thomas Sanzalgne & Lorraine Sanzalone, Folio # 62256800005, Lot 5, Blk B, Naples Manor Lakes 11. Thomas Sanzalone ET UX, Folio # 62256800005, Lot 5, Blk 8, Naples Manor Lakes 12. Thomas Sanzalone ET UX, Folio # 62256800005, Lot 5, Blk 8, Naples Manor Lakes EXECUTIVE SUMMARY APPROVE PURCHASE OF SERVICES FROM THE FLORIDA GEOLOGICAL SURVEY FOR SERVICES TO OBTAIN CONTINUOUS GEOLOGIC CORES TO SUPPLEMENT EXPLORATORY DRILLING RELATED TO RECLAIMED WATER AQUIFER STORAGE AND RECOVERY, PROJECT 74030 OBJECTIVE: To satisfy the request made by the consultant for the City of Naples for a continuous core that will provide data on the physical properties of the subsurface material. CONSIDERATIONS: The Florida Geological Survey is a Bureau of the Department of Environmental Protection. They are willing to provide this core and analyze the permeability on a number of core sections at a cost of $40 per foot (letter attached). Our consultant indicates that comparative costs from drilling contractors to do this work would range between $100 to $300 per foot. The Florida Geologic Survey is offering to provide exploratory drilling services to add to their geologic information database. Staff recommends that cores be collected at the following three sites; the North County Water Reclamation facility, the Pelican Bay Wellfield, and a site near the Golden Gate canal at Livingston Road. A letter of understanding will be issued to set forth the scope of work, insurance requirements, indenmification, and other material agreements between the parties. Under purchasing policy IVB2, governmental agencies are excluded fi'om competitive bidding. FISCAL IMPACT: The total cost of this work is estimated as $120,000. Funds are available in the Reclaimed Water ASR project in the County Sewer Capital Projects. Source of funds is user fees. GROWTtI MANAGEMENT IMPACT: This project is needed to meet cmTent and future effluent management needs in the north wastewater service area, and is consistent with the 201 Facilities Plan Update as adopted by the Board on July 22, 1997, agenda items 12(C)4 and 12(C)5. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing l~oard of the Collier County Water-Sewer District, approve the purchase of services from the Florida Geological Survey, Project 74030. SUBMITTED BY: ......... Date: Alicia Abbott, Public Utilities Engineering Project Manager Executive Summary Approve Purchase of Services Page 2 REVIEWED BY: ..... ~ ~~m Date: Karl W. Boyer, P.E., Int~im Public Utilities Engineering Director REVIEWED BY: ~_~_ ~ Josept'(]B. Cheatha , Wastewater Director Date: REVIEWED BY:~ '~:J .... ,';~';' ~ ~ r '" '" ' / Siephen ~". Camell, Purchasing Director Date: APPROVED BY: ,-,"' ~ , ~ James V. Mudd, P.E., Public Utilities Administrator Date: Jeb Bush Governor Department of Environmental Protection Florida Geological Survey Division of Resource Assessment & Management Geological Investigations & Mineral Resource Investigation Sections Gunter Building · 903 W. Tennessee Street · Tallahassee, FL 32304-7700 Phone: (850) 488-9380 · Fax: (8.50) 488-8086 David B. Struhs Secretary February 9, 2001 Ms. Alicia Abbott Project Manager Collier County 3301 E. Tamiami Trail Naples, FL 34112 Dear Ms. Abbott: The Florida Geological Survey (FGS) would like to get involved in a subsurface investigation in Collier County in conjunction with your office. A project of this type would involve the FGS drill rig, a Failing 1500, taking a continuous core from the land surface to the total depth desired. A FGS geologist will describe the core and analyze permeability on a specified number of core sections. The FGS will provide your office with a brief report on the coring activities, the core description and permeability analyses. The FGS charges for coring by the foot. Currently, the charge is $40 per foot. Upon completion of the coring, a monitor well can be installed if the well design and specifications are within FGS capabilities. The FGS will install casing and all other necessary materials purchased by the county at no additional charge. FGS monitor well installation capabilities are available upon request. The :GS ~', . vurre .... , coring under contract with the St. Johns Pi,,~'r W=ter Management District. I anticipate the coring to be completed by August 2001. The rig and drill crew would then be available to begin working in Collier County. Sincerely, ; Thomas M. Scs(t, P~,'D.,' P.G. Assistant State Geologist 'Mc..'e P¢'otecr.,on Less Printed on recycled Paper EXECUTIVE SUMMARY APPROVE SELECTION AND AWARD CONTRACT WITH YOUNGQUIST BROTHERS, INC., FOR DEEP INJECTION WELL CONSTRUCTION, RFP 01-3193, PROJECT 70054. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve selection of contractor as recommended by the Consultant Selection Committee and award a contract with the selected firm, Youngquist Brothers, Inc., to perform deep injection well construction services pursuant to RFP #01-3193. CONSIDERATIONS: The Public Utilities Division Water and Wastewater Departments have a continuing need for new construction, maintenance, and repair of deep injection wells. Staff will identify projects requiring the applicable deep injection well construction service, negotiate prices, and issue task purchase orders to initiate the project, concurrent with procedural approval from the Purchasing Department. Task orders in the amount of $90,000 or less will be authorized at the Public Utilities Administrator level. Task orders over $90,000 will require Board approval. On January 12, 2001, invitations for proposal were distributed by the Purchasing Department to one hundred and two (102) firms. Nine (9) firms requested a full RFP package. Only one (1) firm submitted a proposal before the established deadline of February 9, 2001. The Consultant Selection Committee reviewed the proposal from Youngquist Brothers, Inc. on February 12, 2001. Youngquist Brothers, Inc. has a good performance record on previous projects involving similar work. They have previously constructed three deep injection wells for Collier County. Currently, Youngquist Brothers, Inc. is the only contractor in South Florida with the capability to construct deep injection wells. The Consultant Selection Committee unanimously approved on February 12, 2001 the selection of Youngquist Brothers, Inc. Staff recommends awarding the contract to Youngquist Brothers, Inc. The contract period is for two (2) years with two (2) one-year renewal periods at the County's option. At this time, two project tasks have been identified. Task 1 is for construction of two deep injection wells and a deep zone monitoring well for the South County Regional Water Treatment Plant Reverse Osmosis Expansion. Youngquist Brothers, Inc. have in their letter dated March 21, 2001, agreed to do this work for the negotiated price of $6,559,840.00. Negotiations were done by Staff and County's consultants, Metcalf & Eddy and Hazen & Sawyer. Supporting documentation with cost breakdowns and schedule are attached to this letter. APR 1 0 2001 PG. / .... Executive Summary Approve Selection and Award Deep Injection Well Contract, RFP 01-3193, Project 70054 Page 2 Task 2 is for Mechanical Integrity Testing (M.I.T.) at the South County Water Reclamation Facility. This testing is required every five years by the Florida Department of Environmental Protection. Youngquist Brothers proposes to do this work for $45,000.00 as described in their March 23, 2001 letter. Staff recommends approving Tasks 1 and 2 along with the award of the RFP 01- 3193 contract. FISCAL IMPACT: For Task 1, funds are currently budgeted as part of the South County Regional Water Treatment Plan Reverse Osmosis Expansion project. Source of funds are impact fees. Work will be authorized in phases. For this FY01, $3,681,490.00 will be authorized for Injection Well No. 1, Dual- Zone Monitor Well, Permit Fee Allowance, and Indemnification. The remaining Injection Well No. 2 costing $2,878,350.00 will be budgeted and authorized in FY02. Source of funds for Task 2, M.I.T. Testing at the South County Water Reclamation Facility are User Fees. GROWTH MANAGEMENT IMPACT: All new construction of deep injection wells provided under this contract will be in support, and part of, water and wastewater treatment plant expansions needed to meet growth. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex- Officio Governing Board of the Collier County Water-Sewer District, approve the selection of Younquist Brothers, Inc. for deep injection well construction contracting services pursuant to RFP No. 01-3193, award and authorize the Chairman to execute a Contract with Youngquist Brothers, Inc., after review by the County Attorney's Office, and approve and authorize the Public Utilities Engineering Director to execute Task Orders 1 and 2 PREPARED BY: Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department APR I 0 2001 Executive Summary Approve Selection and Award Deep Injection Well Contract, RFP 01-3193, Project 70054 Page 3 REVIEWED BY: Karl Boyer, P.E., Int[rim Director Public Utilities Engineering Department REVIEWED BY: ?p~-.~ ~ Paul Mattausch, Water Director Public Utilities Division DATE: REVIEWED BY: Jo~Cheatham~ater Director Public Utilities Division DATE: REVIEWED BY: SteveCarneH, Director Purchasing Department DATE: REVIEWED BY: James V. Mudd, P.E. Administrator Public Utilities Division Attachments- 1) Selection Letter dated February 12, 2001. 2) Task 1 proposal dated 3/21/01 from Youngquist Brothers for SCRWTP Deep Injection Wells. 3) Task 2 proposal dated 3/23/Olfrom Youngquist for SCWRF MIT Testing MVT'mvt no._ I b (..~..,._.,~ APR 1 0 2001 'COT,LTER COUNTY GOVERNMENT Su~ort Services Division General Services Bui]aing Purchasing Depari~ent 3301 E. Tzmimmi Trail Naples, Florida 34112 Telephone: 941/774-8425 FAX: 941/732-0844 February 12, 2001 Tim Youngquist, President Youngquist Brothers, Inc. 15465 Pine Ridge Road Fort Myers, FL 33908 Subject: RFP #01-3193 "Deep Injection Well Construction" Dear Mr. Youngquist: Thank you for participating in RFP #01-3193 and for your fine proposal submitted to the Selection Committee on February 12, 2001. Negotiations will commence with your firm in the very near future. For your information, the firms were ranked as follows: 1. Youngquist Brothers, Inc. If you have any questions please do not hesitate to contact me at (941) 732-2667. Very truly yours, Ly~d, C.P.M. Public Utilities Purchasing Agent CC: Mohan Thampi, PUED / A G~: N~)/.. ITEM APR 1 0 2001 PG. ~ 0~/22/01 TRI? 0?:45 FAS 9414594545 YO[~C, QUIST BROTHERS INC ~002 Youngquist Brothers, Inc. 15465 Pine Ridge Ro~d Fort Myers, Florida 33908 March 2I, 2001 Mohan V. I'hampi, P.E., R.E.M. Collier Couuty Govenmm~ Public Utilities Engiaeerin~ Del~u~nem County Government Center 3301 F.. Tnmiami Traik Bklg. H Naples, Florkia 34112 Re: Collier County RFP 01-3193: Deep Injection Well Construction Task No. 1- South County Regional Water Treatment P[nnt Deep Injeetion Wells, PUED Projee~ No. 700~4 Az tcquest~l we have attached a signed copy of the cost brcakdowu that was negotiw,~t and agreed to with County and their comultants, Metcalf & Eddy / Hazen and Sawyer, for the above referenced project for which construction contract documents were av. ac~ in tlm RFP. The cost of the work for this pro.~ct assigned as Ta~k No. I is $6,559,g40.00. We have also attach~ a project schedul~ with the cos~ breakdown. A more detailed project schedule will be provided after County awards the contract and a notice to proceed for Task No. 1 is/ssued. Please call if you have any questions or need any additional information. Edward McCullers, Vice President AGE NOok IT£[~ NO. ~C- ~ APR I 0 2001 03./22/01 THU 07:45 FAX 9414894545 Y0t~GgUIST BROTHERS INC ~003 COLLIER COUNTY SOUTH COUNTY REGIONAL WATER TREATMENT PLANT ,.D,. EEP INJECTION WELL CONSTRUCTION RFp, 01-3193~ pUED Project 70054 TASK NO. 1 - SCHEDULE Item ' 'Description ... Completion Time - 1 Mobilization, Permits, Clearing, Ninety (90) days form Construct Ddlling Pads, Site Prep Authorization to Proceed. 2 Construct. Injection Well 1 ~rwo Hui~:Jred Ten (210) days From Authorization to Proceed 3 Construct- Injection Well 2 ~ Three Hundred ' Thirty (330) days From Authorization to Proceed 4 Construct - Dual'Zone Monitoring Well Four Hundred Twenty (420) days From Authorization to Proceed - 5 De-Mobilization Drilling E~uipme~t Four Hundred Thirty Five (435) days From Authorization to Proceed 6 Construct - Surface Facilities, Final Four Hundred Eighty (480) Testing, Task Closeout days From Authorization to Proceed .0. APR 1 0 20D~ HAZENAND SAWYER Environmental Engineers & Scientists March 16, 2OO1 Hazen and Sawyer, P.O 2101 Corporate Blvd. Boca Raton, FL 33431 561 997-8070 Fax: 561 997-8159 Mohan V. Thampi, P.E., R.E.M. Project Manager COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT County Government Center 3301 East Tamiami Trial Building H Naples, Florida 34112 OJ ~ Collier County- RFP #01-3193 South County Regional WTP 8-MGD Expansion Deed Injection Well Construction Dear Mr. Thampi: As requested per discussions with Mr. Ameno, this letter is to serve notice that the Metcalf & Eddy/Hazen and Sawyer team has completed negotiations with Youngquist Brothers, Inc. The negotiations resulted in a total price of $6,559,840.00 for the project. Based on our experience, we feel that this pdce is fair and reasonable. Details of the final negotiated price are included in our memorandum dated March 16, 2001. A summary of the cost breakdown is presented below: Injection Well No. 1 Injection Well No. 2 Dual-Zone Monitor Well No. 1 Permit Fee Allowance Indemnification $3,078,350.00 $2,878,350.00 $ 588,040.00 $ 15,000.00 $ 100.00 Total $6,559,840.00 We therefore recommend that the County proceed with award and execution of the contract with Youngquist Brother, Inc. As always, please feel free to call should you have any questions. Very truly yours, HAZEN AND SAWYER, P.C. Albert Muniz, P.E. Vice President J. Ameno B. Vidal K. Martin File - 40225, 40226 & 40227 Boca:40225LOO2. doc APR 1 O 2001 I 7 New York, NY · Armonk, NY · Wooddury, NY · Upper Saddle River, NJ · Detroit, MI · Raleigh, NC · Ct~arlolte NC · Fa~rfax, VA · Hollywood, FL · Boca Raton, FL · For1 Pier'~e. ~-k · t~a~nesw~e, ~-L · ~a~uta, t'L Metcalf & Eddy 301 Clematis Street Suite 201 West Palm Beach, Florida 33401 Tel: 561-833-8340 Fax: 561-833-8519 www.m-e.com March 15,2001 Mr. Mohan Thampi, P.E. Project Manager Collier County Public Works 3301 E. Tamiami Trail Naples, Florida 34113 Re: Collier County South Regional Water Treatment Plant - RO Expansion Concentrate Disposal System Dear Mr. Thampi: Attached is a memorandum and spreadsheet reflecting the negotiations with Youngquist Brothers, Inc. We feel that this negotiated price is a good value as the cost is below the two most recent injection well that were bid by Youngquist. Should you have any questions, please call me. Very truly yours, METCALF~ ~~s~J. 'Ameno, Jr., P.E. Associate CC: Albert Muniz Simon Rodriguez Bob Ortiz AN AECOM CO~'^Nv Memorandum Final Negotiated Bid Price for the South County Regional Water Treatment Plant Reverse Osmosis Expansion Concentrate Disposal System, RFP 01- 3193, Collier County PUED Project 70054 From: Date: Mohan Thampi, P.E., Project Manager, Collier County PUED Albert Muniz, P.E., Vice-President, Hazen and Sawyer ! Metcalf & Eddy March 16, 2001 Collier County advertised the referenced project (South County Regional Water Treatment Plant 8-MGD reverse Osmosis Expansion - Deep Injection Well Construction, RFP No. 01- 3193) and received one proposal for the proposed work. The single proposal was from Youngquist Brothers, Inc., which is a recognized leader in the injection well construction business. A meeting was held on February 12, 2001 with County Procurement and Engineering members of the Selection Committee to review the contractor's qualifications. The results of this meeting were favorable and the County decided to commence negotiations with the contractor immediately. The Metcalf & Eddy and Hazen and Sawyer team proceeded with this request, and have completed their contract negotiations with Youngquist Brothers, Inc. This memorandum summarizes the results of our negotiations and recommends a contract price for the project. As instructed by Collier County, we have discussed construction costs with Youngquist Brothers, Inc. during the past week to negotiate a reasonable cost for the construction of the two injection wells and a dual-zone monitor well at the South County VVTP R.O. facility. At this time we feel that we have successfully negotiated a fair and reasonable cost of $6,559,840.00 for the project. This price is acceptable to Youngquist Brothers, Inc. A summary of the cost breakdown is presented below: Injection Well No. 1 Injection Well No. 2 Dual-Zone Monitor Well No. 1 Permit Fee Allowance Indemnification Total $3,078,350.00 $2,878,350.00 $ 588,O40.0O $ 15,000.00 $ 100,00 $6,559,840.00 The original cost estimate for construction of the concentrate disposal system was $7.0 Million. This estimate was based on other similar facilities, and assumed that the two injection wells (tubing and packer) would cost $6.25 Million, and that the du; -l ..... I.o. Final Negotiated Bid Price for the South County Regional Water Treatment Plant Reverse Osmosis Expansion Concentrate Disposal System, RFP 01-3193, Project 70054 well would cost $0.750 Million. When the final design was completed, the cost estimate was revised to $6.7 Million. The cost we negotiated is well below this value and slightly lower per well than a similar project that was recently bid (February 28th, 2001) for the City of Pompano Beach. The City of Pompano Beach project consisted of one tubing and packer designed injection well ($3,200,250.00), and one dual-zone monitor well ($598,750.00) for a total bid price of $3,814,010.00, which included some miscellaneous other costs amounting $15,010.00. Youngquist Brothers Inc. was the sole bidder on the Pompano Beach project. Based on the above, we recommend that Collier County proceed forward in finalizing and awarding a contract with Youngquist Brothers, Inc. and issue a notice-to-proceed for this project once the contract documents have been executed. Attached to this memo is the four page detailed cost breakdown dated March 13, 2001 of the deep injection well construction work to be performed by Youngquist Brothers, Inc. Page 2 of 2 Hwd:ME010316doc SAW 2, GOLLIER GOUNTY CC)NCENTRATE DISPOSAL SYSTEM County Regional Water Tmetment Plant R.O. Export.on ~,gc~md BID SUMMARY Pal'~ 4 Injection Well No. 1 Injection Well No. 2 DuakZone Monitor Well Permit Fee Allowance Indemn h~,cafion TOTAL BASE BID CONTRACT Youngqutst $3,078,350.00 $2,878,350.00 $15,000.00 $100.00 S6.S59.840.00 Pe~ I of 4 APE I 0 2001 pG Revise~ /~/16/2001 -'~ Fi/eneme: BID~CH-Final COLLIER COUNTY CONCENTRATE DISPOSAL SYSTEM Sout~ Ocwnty R~Tionel W~er Treatment Plant R.O. Expansion Nego~t~d Price BID SCHEDULE I ESTIMATED t UNIT ~ UYAL ITEM DESCRIPTION QUANTITY UNIT / PRICE PRICE PART 1 - InJe(:~lon Well No. t ~n~tn~:don G( In~'~n W No. ~ I Mol~ilize ddlling ~,Mrnnr~nt 1 LUmp Sum i~' ~ $600,000.00 2 Oonstruct c~illing pad, ~ c~i,~l & surli~ial MWs 1 Lump Sum ~~ S50.000.00 3 Ddll nominal 12 1/4-inch pilot ~ (330-1,400 It) 1,070 Feet $115 $123,050.00 4 O~l r,~i~d 12 1/44flch pilo~ hcde (1,300-3.200 It) i 1,~00 Feet t $120 $228,000.0O 5 Drill nomi~l 204flch Ix~hole (2,500-3,200 fl) 700 Fee~ / $110 6 Drill ~ominal 24-iflch I~.-~L~le (1,300-3.290 It) 1,900 i Feet I $130 $247,000.00 7 Ream rv~minal 52.4nch hole (0-360 It) 360 Fee* I $160 S57,600.0~ 8 Ream nominal 42-1flc~ ~ (330-1,310 fl) 980 Feet / $145 $142,100. CX~ 9 Ream r~minal 34-inch hde (1,300-2,5(X) It) 1,200 Feet / S135 $162,000.0~ 10 Geophysi~ logging (0-360 fee~ pflc~ hale) - 52' hale 1 Lump Sum B~ S10,000.0C 12 C~ ~.~ys~cal Io~ing (330-1,400 feet) - 12" pilc~ hole 1 Lump Sum ~ 13 C_ ~-,,~ysical logging (900-2,600 feet) - packer testing 1 Lump Sum ~!i~:: $4,000.(~ 14 C__~ ~cal L.n~2.ing (330-1,300 feet) - 42' roamed hole I ' Lump Sum~[~,~. $4,000.00 45 c~c~ ,mo~ng (o-1.~oo ~e~)- c~er~ng ~" ~ ~mp S~m ~i ~ S~,000.0u 16 C__~-~_?-_M_ logging (1,300-3,200 fe~)- 12" pilot hole 1 Lump Sum ~;: $12,000.0~ 17 C__~cal logging (1,300-3,200 fe~) - 24" hale 1 Lump Sum ~=,,~, ~ $6,000.0(] 18 C.~ logging (1,300-2,500 feel) - 34" mm~ed hole I Lump Sum 19 Geophysical logging (0,2,500 feet) - cementing 24" I b.a~p Sum ~[~:.~ $6,000.0C 20 Ge~cal logging (0,2,500 feet) - 24" casing 1 Lump Sum ~:~ 21 C~cM_ logging (0,2,500 feet) - 20" casing/tubing 1 Lump Sum ~i~:~- $10,000.00 22 Geophysic~ logging (~-3,200 feet) - MIT I Lump Sum ~ $20,000.00 23 Ir~t~ll 42-inch ¢_~ing (0-330 It) [ 330 Feet $140 $46,200.00 24 Install 34-inch casing (0-1,300 It) ' 1,300 Feet [ $140 $182,000.00 2~ Install 20-inch casing/tubing (0-2480 It) 2,480 Feet $198,400.0u 27 Install bridge piug at 2,515 ff 1 Lump Sum ~ $12,000.00 29 Plug bacJ~ bcxehc~e (1,300-3,200 It) 1 Lump Sum ~!iq~ S8,000.0C 30 Obtain rock cores & perfem~ analyses (1,300-2,500 It) 10 each I $8,000 $80,000.~ 31 C_.or~uct packer tests (330-1,400 fi) 4 eachI $12,000 S48,000.0C 32 Conduct ~,~ tests (1,300-2,500 It) 4 each I $13,000 $52,000.00; 33 Perform p _~__~_~e test on 24.-inch casing I Lump Sum ~'~ $16,000,00 34 iPerformp_r_~____~)reteston20.inchcasing/tubing 1 LumpSum ~:~::;1 $5,000.00 35 Conduct injection test (vmiable rate) 36 Pelferm mechanical integrity test (MIT) I Lump Sum ~.~ ~ '~[ $45,000.0u 37 D~.'~_opment 1 Lump Sum ~/[:~/~:~;~~, $5,000.uu 38 Ooltect & analyze water sample 1 Lump Sum li~m~:~,~ ~;.:,, $10,000.0u 40 s~y ~.~ ~,ooo Ho~r~ 42 ,mo~. Note: See Oeophyaicll logging K~edule fo~ required logs, Item 10 - Caliper, dull inductio~ & gamma ray Item 11 - Tempe'Mum (Mtn- each cement stage) Item 12 - Caliper, gamma ray, dull inducMion, bcs, end stMe & flowing: temperature, fluid r~ & Itowrnste~ Item 13 - CIlipe~ & g~mma ray Itam 14 - CMiper & gamma ray Item 15 - Temperature (Mter each cement stage) Item 16 - Caliper, gamma my, dull inducation, bcs, television sunm-y and stale & 11Orang: temperature, fluid ree~stivity & flow~'nster Item 17 - Clliper & gamma my Item 18 - CMiper & glmma ray Item 19 - Tampelum (llte elCh cement ~) & cement bond log Item 20 - TMewion survey Item 21 - Tllevision survey & (:ement bond log Item 22 o Gamma ray, temperllture, RTS, & tllevision sur~ly Page 2 of 4 COLLIER COUNTY CONCENTRATE DISPOSAL SYSTEM ~outh COunty Regional VVeter Treatment Plant R, O. Expansion Nego~iat~d Price BID SCHEDULE ESTIMATED UNIT TOTAL ITEM DESCRIPTION QUANT*nY UNIT PRICE PRICE PART 2 - ~nj~.~u,: Well No. 2 Construc~n of ;n~on We;/N= 2 I Mobilize drilling,~n~s_ ~ ~..~,~,~-~ I Lump S~n 2 C~=,~uot ddlling pad, surface casing & surficial MWs I Lump Sum ~ $50,000 3 Drill F~inal 12 ll4-inch pilot hote (330.1,400 It) 1,070 Fee~;$115 $123,0500n 4 Drill F.7~¥,inal 12 1/4-inch pilot hote (1,300.3,200 fi) 1,900 Feel $120 5 Drill nominal 204rich boreh(~ (2,500-3,200 fl) 700 Fee~ $110 $'/7,000.0n 6 Drill nominal 24-inch bcgeh(~ (1,300-3,200 It) 1,900 Fee~ $130 $247,000.0~ 7 R~,~ F~,;nal 52-Jnch hole (0-360 It) 360 Fee~ $160 $5'7,600.0n 8 Ream nominal 42-inch tmle (330-1,310 fi) 980 Feet $145 $142,100.00_ 9 Ream r~iF~ 34-inch hole (1,300.2,500 It) 1,200 Feet $135 $162,000.00 10 G~c-,~L~cal logging (0-360 fee{ pilot h(~e) - 52' hole 1 Lump Sum ~* $10,000.00 11 ~'~sical logging (0-330 fee{) - cemen~ng 42- 1 Lump Sum ~ $6,000,00 12 Gec~-~ ~ogging (330-1,400 lea) - 12' r~;ot h~e 1 Lump Sum __~ ~ $20,000.00 13 Geophysical logging (900-2,600 fee~) - packer testing 1 Lump Sum ~ 14 Geo~cal logging (330-1,300 foel) - 42' reamed hcie I Lump Sum ~~ -- _ ....... ~ $4,000.001 15 ~cal logging (0-1,300 f~t) - c~mc~tting 34" 1 Lump Sum ~~ $7,000.0C 17 Gea~r~ical logging (1,~:X~-3,200 f~t) - 24" ~ 1 Lump Sum ~ $6,000.~ 19 ~./sical logging (0,2,500 f~N) - oementing 24" 1 Lump Sum~_~ *-t~~_ ,~:~ $8.000.00 20 ~cal logging (0,2,500 I~t) - 24" casing J 1 Lump Sum ~ $6,000.0~ 21 ¢-.-,eopt~cal logging (0,2,500 leer) - 20" casingttubing 1 Lump Sum~ $10,000.00 22 Gea~¢cal logging (0-~,200 f~i,t) - MIT I Lump Sum $20,000.00 2~ Install 424nab ~ (0-330 ~) 330 Fe~t $140 $48,200.0~ 24 ;i-~t~l 34-inch ~F,g (0-1,300 It) 1,~)0 Feet $140 $182,000.0(I 25 ! ~i-~,~:~l 24-inch casing (0.2,500 It) 2,500 Feet I $111:) $275,000.00 27 ;i,.~.~l bridge plug at 2,515 It 1 ! Lump Sum $12,000.00 28 Plug back b¢.-e,hote (330-1,400 It) 1 Lump Sum $5,000.00 29 Plug ba~ i~,~;.:le (1 ,~)0.3,200 It} I Lump Sum f~ $6,000.00 30 Obtain r¢...~ c~e~ & I:~',..,,, -.~-r,~yees (1,:~X:~-2,500 fl) 10each $7,000' $70,000.0( 31 ~uct ~ lests (330.1,400 It) 4 each $10,000 $40,00006 32 Conduct pa~- tests (1,300-2,500 fi:) 4 ~ I $10,000 $40,000.0C 35 Conduct injection t~--t (v'~iabte rate) 1 Lump Sum ~ $12,000.00 ~8 F~,i,~., me~.-~cal integfit~ tes~ (MIT) I Lump Sum $45,00000 ~8 Cotleot & a'~aly'z~ water san pie I Lump Sum ~ $10,000.00 40 I S'~a-,G~/time 1,000 Hours I $10j $10,000.00 42 TOTAL~ $2,878,3S0.00 Nme: See geophysical logging schecluie for required logs. Item 10 - Caliper, dual induction & gamma ray Item 11 - Temperature (alter eech cement stage) Item 12 - Caliper, gamma fey, dual induca~m, I:x~, and sta~ & Ito,~ng: temperature, fluid mmstJvity & flowrneter Item 13 - Caliper & gamma ray Item 14- Calipe~ & gamma fey Item 15 - Temperature (a~er each cement st, age) Item 16 - Caliper, gamma ray, dual inducatio~, bcs, talevisio~ survey and state & flowing: temperature, fluid resistivity & flowrne~er 17 - Caliper & gamma ray Item 18 - Caliper & gamma ray Item 19 - Temperature (~ter each cement s~age) & cement bond Item 20 - Televsion sunny Item 21 - Televisio~ survey & cemant bond log Item 22 - Gamma ray, temperature, RTS, & talevisk:~ sunmy Page 3 of 4 COLLIER COUNTY CONCENTRATE DISPOSAL SYSTEM Sou~ County Re,oriel Water Tregrment Plant R.O. Expan~on BID SCHEDULE ESTIMATED f,~ / UNIT TOTAL ITEM DESCRIPTION QUANTITY UNIT PRICE PRICE PART 1 - Dual.Zone Monitoring Well Construct-, c~ ~_,~_~.Zone Monitorfr~ Well (MVV-1) I V,c~lize ddlllng _,~,j~?ment I Lump Sum ~ $95,000.~ 2 C~-~rdct drilling pad, s~ce c,~,~ & scrlicial MVVs I Lump Sum ~ $15,000.0( 3 Ddll nominal 65/8-inch bemtx~le (1,550-1.600 fi) 50 ""~ t $110 $5,500.0~ 4 Drill r...¥,;r~ 16-~-~% boret~e (895-1,600 It) 705 F~ $45 $31,725.C,2, 5 Ream nominal 34-inch hole (0-360 It) 360 F,~-.~/ $80 $28,800.00 6 Rea~ nominal 24Ar.:.% ;-.c~e (330-900 fi) 570 Fe~ $75 $42,750.0~ 7 R~.~ ~-~na116-inch hole (895-1,600 fi) 705 Fee~ $50 $35,250.00 s c~-.;.~.~_'_~ ~c.~,,~ (0-33o fe.~) - ceme~ng 24" ~ Lump Sum 10 Geophysical logging (900-2,600 feet) - packer t~ 1 Lump Sum = ..-~A~ $2,000.00 -" Lump S~m ' $6,000.~_. ~ 13 IG.~_¥.hysical logging (1,300-3,200 feel)- 12" pilo~ hole 1 14 ir~a;; 24-inch casing (0-330 ft) 330 Fee~ $82 $2.7,060 15 Instal 16A~% casing (0-895 It) t 895 FeetI $49 $43,855.0~ 16 Install 65/8-inch ~,~g (0-1,550 fi)[ 1,550 Feet $42 $65,100.0C 17 Plug back b~e (1,300-3,200 ft) I Lump Sum [.----~.:' $9,000.0C Conduct ?-_--~- ~e~.s (33O-900 ft) 2 e~h [ $~2,000! $24,00O0( 1198 Conduct pa~k~- ;_e~*~ (33~1,600 ft) 2 each~ $12,000i $24,000.00 2O 21 P~i'~,~3 p~ _.~__~.:.~re test on 16-inch c~.i_'rtg I Lump Sum ~~I $5,000.r_(* 23 Collect & --,~ze water sampte 2 .m~'-, I $8,000 $16,000.0~ 24 h~[~; wellhead I Lump Sum ~ $25,000.0~ 25 Standby time 500 Houm I $10 $5,000.0~ 26 Demobiii~;.io~ I Lump Sum ~!~ $54,000.0~ 27 TOTAL ~~I $__~_,040.00 No~e: See geophysical logging schedule for required logs. Item 8 - Caliper, dual irfluctim & gamma ray Item 9 - Temperature (after each cement stage) Item 10 - Caliper, gamma ray, bcs & dual induction Item 11 - Temperature (after each cement stage) & cement bond Item 12 - Caliper, gamma ray, dual induction, ix:s, flowmeter, temperature & fluid resistiv~ Item 13 - Temperature (alt~' each cement stage) & sector bond Page 4 of 4 O~/Z~/O! FRI 16:59 ~.,~.~ 9414~94545 ~ UU~ March 23, 200i Youngquist Brothers, Inc. 1546~ Pine Ridge Road Fort Myers, Florida 33908 941-489~1444 Re: RFP 01-3193: Deep Injection Well ConstFuction Services Task 2 - South Co. uuty Water Reel,,marion FaciiJ~ Mechanical Integrity Testing For Deep InjeetJon Well 1~-1 Dear Alic~ ~ Flmida Departmtmt of Envircmmental Protection regulafons requb, e ttmt Class 1 Injection Wells undergo Mechanical htegrit~ Testin~ (MIT) every five years. MIT Testing of InjecOon Well IW- 1, located az the South County Waze~ Reclmuation Facility ~s required by June 27, 2001. Youngqulst Bmthe~,/ac. will provide all labor, equipment and rna~rial necessary to perform Mechanical ~ Testing ou the above retmmced injection well including video loggin& radioactive ~ survey, casing pressure testing (packet type) nad various other geophysical logs fi~r the Lump Sum Price of~5,000. Th/s testing wR1 be performed/n compliance with The Florida Department of & McKee, Inc., (county' s engineering .firm ). It is agreeable to Youngquist Bro~'s, Inc., to perfann this work as Task 2, of~he contract awa~led under the above refermmed RFP. It will teke a~tely (5) wark~ days to complete the Mechanical Integrity Testing. We will need scverel weeks notice to schedule t~_, work. Please call ffyou have any questions ~r need nny mtditiona~ infmm~on. Edward Mc-Curlers, Vice Pr~ident [ AP~ 1 0 I "~' EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential accounts where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the 1 account that has paid in full for the 1991 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to ~{ign this 1 Satisfaction 'of Lien for the 1991 Solid Waste Collection Services Special Assessment Lien. Prepared b~:~-~[ [_~,~C ~ ,.~x_ ~ ~, Date: Pam Cal3iff, Revenue Supervisor Solid/Waste Department Reviewed by: _¢'(/~' ~25::::;~''~' Date: T~ffsa A. Ries~n/Collections Revenue.Manager Solid Waste Depament '~ ~ ~ Date: Rehewed by: ---/~ ~ G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department Approved by: (-/~~~~.~~.. Ja~'~s.V. Mudd, P.E., Administrator Public Utilities Division Date: 1 · 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 RESOLUTION NO. 2001 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution' No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Flodda, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 078207 This Resolution adopted this second and majodty vote ATTEST: DWIGHT E. BROCK, CLERK 42 43 Approved as to form and 44 legal sufficiency: 46 (~. '") /.,f/' 4'F/~ David C.2~e~"gel 48v County Attorney day of ,2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 2 accounts that have paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $18.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 2 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 2 Satisfaction of Liens for the 1994 Solid Waste Collection Services Special Assessment Liens. Prepared by: x., .... '~ Date: Para Calais, Revenue Supervisor Solid Waste Department Reviewed by: ~///4/;~/~---~-'~-~' Date: Teresa A. ~iesen, Collections Revenue Manager Solid Waste Department Reviewed by: ~ .,~ ____~, ~___~t Date: G. George Yilmaz, Ph.D.. P.E., P.H., R.E.P. Director, Solid Waste Management Department ' :~-~-'~'-' ~.. ~ Date: Approved by: James/.V. Mud& P.E., Administrator Public Utilities Division 1 2 3 4 5 6 7 8 9 lO ll 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identifie, herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 6680 Account No. 9894 This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK day of , 2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 41 42 43 Approved as to form and 44 legacy: 47~,tDavid C.'W¢OSI BY: James D. Carter, PH. D, Chairman EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES' SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts' where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 3 accounts that have paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the ResolUtion is approximately $24.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. ' RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 3 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 3 Satisfaction of Liens for the 1993 Solid Waste Collection Services Special Assessment Liens. APR 1 0 2001 Pam Calli~ 5Rev~enue"-Sfi~)ervi sor Solid Waste Department Reviewed by: ~. _~?~,__ _//~/' Teresa A. Riesen, Collections Revenue Manager Solid Waste Department Reviewed by: ~-'"--'-'~ ~-- ~ G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Directo~.rsSolid Waste Management Department Approved by: J~d, P.E., Administra or Public Utilities Division Date: '-'~ ~ ~ \ \ x Date: APR RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record 'in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 8170 Account No. 11358 Account No. 22554 This Resolution adopted this __ second and majority vote. day of , 2001, after motion, ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman Approved as to form and '~VOavid 'C. V~igel County Attorney APR 10 20 i I EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 20-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 20-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 21 accounts that have paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $136.50, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 21 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chaimmn to sign the 21 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. Prepared by: Pam Callis, Revenue Supervisor Solid Waste Department Reviewed by: Teresa A. Riesen, Collections Revenue Manager Solid Waste Department · Reviewed by: ~---"--~ Approved by: .... G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director~ Et_olid Waste Management Department JameS~V. Mudd, P.E., Administrator Public Utilities Division Date:. ?,~,/'~// __ Date: Date: 6 7 $ 9 10 11 12 13 14 15 16 I? 18 10 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HA'~T PAID IN FULL TI-IE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier Count5· Ordinance No. 90-30, as amended, the Board of County Commissioners on August I, 2000 adopted Resolution No. 20-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS. Resolution No. 20-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier Count>.'. Florida. which placed a lien on certain properties for the delinquent solid waste collection and disposal sen'ices special assessments for 1995; and WHEREAS, Collier Count~, Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOV,'. FHEREFORE. BE IT RESOLVED BY THE BOARD OF COL~TY COMMISIONTRS OF COLLIER COUNTY. FLORIDA, that pursuant to Collier Count*,' Ordinance 90-30. as an~ended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 20-236. whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of Count>' Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier Countv: Account No. 1041 Account No. 2008 Account No. 2134 Account No. 2749 Account No. 3544 Account No. 4417 Account No. 4679 Account No. 4776 Account No. 5490 Account No. 6716 Account No. 7294 Account No. 8044 Account No. 10346 Account No. 12836 Account No. 13929 Account No. 17035 ! 4 6 ]0 ]4 20 2! 22 Account No. 20242 Account No. 21720 Account No. 22541 Account No. 25001 Account No. 26631 This Resolution adopted this second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: 23 28 29 30 31 32 33 34 35 36 37 da3' of ,2001 after motion. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D. Chaim~an EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 20-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 20-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 36 accounts that have paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $226.50, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That that Board of County Commissioners adopt the attached Resolution approving the 36 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 36 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. Prepared by: ~-~.~. ~'~_ ~a ~.//~ Date: Pam Callis, ~ef;enue Supervisor Solid ~ Depa~ent Reviewed by: ~~ ~' X ~ Date: T~ A. Riesen, Collections Revenue Manager Solid Waste Dep~ent Reviewed by: ~ ~ ~ - ~, Date: G. George Yilmz, Ph.D., P.E., P.H., R.E.P. Dke~olid Waste Management Depament Approved by: ~~ ~~~~' Date: Ja~ V. Mudd, P.E., Adminis~ato Public Utilities Division 2001 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 35 39 40 41 42 43 45 RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 6 7 8 9 WHEREAS, pursuant to Collier County Ordinance No. 9~30,. ,~,, as amended, the 10 Board of County Commissioners on August 1, 2000 adopted Resolution No. 20-237 11 authorizing the recording of notices of liens for the delinquent solid waste collection and 12 disposal services special assessments for 1996; and 13 WHEREAS, Resolution No. 20-237, was recorded on August 8, 2000 in Official 14 Record Book 2708, Pages 0199 through 0309 of the Official Records of Colher County, 15 Florida, which placed a lien on certain properties for the delinquent solid waste collection 16 and disposal services special assessments for 1996; and 17 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the 18 Board to approve by Resolution and record in Official Records a Satisfaction of Liens on 19 all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY TI-IE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 20- 236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts idemified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolmion and these Satisfactions of Lien individually in the official records of Collier County: Account No. 26 Account No. 796 Account No. 2134 Account No. 2707 Account No. 3722 Account No. 5005 Account No. 5050 Account No. 5733 Account No. 5788 Account No. 5856 Account No. 6376 Account No. 7663 Account No. 7757 Account No. 8662 / 2001 1 Account No. 8675 2 Account No. 9247 3 Account No. 10139 4 Account No. 10692 5 Account No. 11235 6 Account No. 13055 7 Account No. 13136 8 Account No. 13408 9 Account No. 13479 10 Account No. 15383 11 Account No. 17747 12 Account No. 18953 13 Account No. 19046 14 Account No. 19693 15 Account No. 21898 16 Account No. 24468 17 Account No. 24879 18 Account No. 24950 19 Account No. 27481 20 Account No. 29395 21 Account No. 30779 22 Account No. 32984 23 24 25 26 27 28 29 DATED: 3O ATTEST: 31 DWIGHT E. BROCK, CLERK 32 This Resolution adopted after this motion, second and majority vote. day of , 2001, after BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 33 34 35 36 37 Approved as to form and 38 legal sufficiency: 40 ~ ,il . /g~ 4~ l~avid Cg~q~igel 4312 County Attorney 45 46 47 48 49 50 51 52 53 BY: James D. Carter, PH. D, Chairman APE I 0 2001 Executive Summary Professional Utility Engineering Services, RFP 00-3119 Page 2 RECOMMENDATIONS:. That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve negotiated standard contracts with the six selected firms pursuant to RFP 00-3119, and authorize Chairman to execute the standard contracts subject to approval by the County Attorney. w~E., lnteri/fi Public Utilities Engineerin~g Director APPROVED BY: Stephen Y'. Cam~li, Purchasing Director Date: Jan~/. Mudd, P.E., Public Utilities Administrato 1 0 200 EXECUTIVE SUMMARY REQUEST A BUDGET AMENDMENT, FOR $675,000, TO PAY JC DRAINFIELD INVOICES FOR HAULING WASTEWATER FROM THE NORTH COUNTY WATER RECLAMATION FACILITY OBJECTIVE: That the Board of County Commissioners, Ex-Officio the governing Board of Collier County Water-Sewer District authorize a budget amendment that will allow funds to be available to pay for the wastewater hauling services rendered by J.C. Drainfield, from the North County Water Reclamation Facility (NCWRF) to the South County Water Reclamation Facility (SCWRF). CONSIDERATIONS: The NCWRF began experiencing higher flows on February 12, 2001. Over the next few days the flows increased and the NCWRF was soon out of compliance for treating waste water. Being out of compliance, the waste water had to then be pumped to the NCWRF percolation ponds for disposal. These ponds have a limited capacity which was soon reached and resulted in the ponds overflowing into a canal. A decision was then made to truck the out of compliance waste water from the NCWRF percolation ponds to a lift station that pumps to the SCWRF. The Wastewater Department could not handle the volume of hauling on its own and J.C. Drainfield, who is the Emergency Hauling Contractor, was contacted for assistance.+ FISCAL IMPACT: This expenditure is unplanned and resulted due to the problems in the NCWRF. A budget amendment is needed to transfer funds in the amount of $675,000 from the Water-Sewer Operating Reserves to the NCWRF budget. The source of the funds is the waste water user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment for $675,000 payable to J.C. Drainfield. J~]seph B. Cheatham, Wastewater Director APPROVED BY: .~~,~'~ Date: · ~"~es Mudd, P.E., Public lJtilities Administrator .o. io APR 1 0 200i PG. EXHIBIT "A" Eduardo Pereiro and Lui'sa Pereiro; husband and wife, securing the principal balance of two thousand eight hundred forty five dollars and sixty five cents ($2,845.65) plus accrued interest. Cleyo R. Waggoner and Marlene Ann Waggoner, husband and wife, securing the principal balance of two thousand three hundred sixty three dollars and eighteen cents ($2,363.18) plus accrued interest. EXECUTIVE SUMMARY APPROVAL AND EXECUTION FOR SATISFACTIONS OF NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfaction of Claim of Lien. ~CONSIDERATIONS: 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 of Collier County, Florida, recorded the Claim of Liens in the Office of the Clerk of the Circuit Court of Collier County, Florida. SEE ATTACHED EXHIBIT "A" Full payment and satisfaction of these liens have been made. The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Liens. 'FISCAL IMPACT: Payment in full of these Claim of Liens increases the cash flow in the County's sewer impact fee fund by $10,264.18. This will also increase the County's Water impact fee fund by $0.00. The fiscal impact for recording the satisfaction of liens is approximately $61.50, which is to be charged to the Utility Billing Customer Service. GROWTH MANAGEMENT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of these liens and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Claim of Liens. Prepared oy: ',~ ~',~, '-.. . ~_ ~,--~ Pam Ca~s, Revenue Supervisor Solid'Waste De, ffartment ' Reviewed bY~ff~ 'T~r~sa A. Riesen, Collections Revenue M~ager Solid Waste Depa~ment Reviewed by: G. George Yilm~, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Depmment Approved by: J~ V. Mudd, P.E., Administrator Public Utilities Division Date: Date: Date: Date: .o.. t_/b_L_ ! 3, APF '1 0 2001 EXECUTIVE SUMMARY AMEND PROFESSIONAL SERVICES AGREEMENT WITtt FOCUS ENGINEERING, INC., FOR ENGINEERI, G SERVICES RELATEI) TO PELICAN BAY FIRE AND IRRIGATION WATER SYSTEM IMPROVEMENTS, RFP 00-3051, PROJECT 74023 OB,IECTIVE: The intent of this project is to ensure the long-term reliability of the Pelican Bay fire protection water system, and also. to enhance the operational efficiency and reduce capital improvements needed Ibr the Pelican Bay irrigation system. Switching the fire protection water supply t'rom the local irrigation system to the County's regional potable water system will accomplish this. CONSII)EIL&TIONS: On June 28. 2000. agenda item 16(C)(7), the Board approved a professional services agreement per RFP 00-.~0_ I alont~ with the scope and fees for field survey.' and preliminary design. Additional Ik'cs are necded to complete final design, provide engineering services during construction, and to continue a public information program for Pelican Ba~ residents and businesses. Pelican Bay' is a 1200 +-acre subdivision located in the northwest part of Collier Count,,,'. The subdivision is served bra dual water system consisting tffpotable and irrigation water distribution systems. The dual water system within Pelican Bay is unique because the fire protection water system is served by the irrigation system. Fire suppression in Pelican Bay consists of fire hydrants and private-owned, buih-in fire sprinkler systems. Based on preliminary design, the total estimated value of construction is $5 million. Construction of this urban retrofit project will be scheduled dm'lng consecutive off-season periods over several years to minimize disruptions and inconvenience to local residents. Staff has negotiated a scope of services and fees for the tbllow-on work. Total fees for professional services undcr contract and proposed are: Original Agreement $ 342.214.15 Proposed Amendment $ 976.533.60 Proposed Total Fees FISCAL IMPACT: Adequate l'unds are available for the proposed engineering services. Source of funds is wastewater user fees. GROWIH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That thc Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Scxver District. amend the professional services agreement with Focus Engineering. Inc. l~r services related to improving the fire and irrigation water system serving Pelican Bay. RFP 00-305l. Project 74023. Executive Summary Amend PSA with Focus Engineering, Inc. Page 2 Karl W. Boyer, P.E., Interim Utilities Engineering Director APPROVED BY: --7,.~,'~'~ ....... ~,~5 /"~'5~-~,/ Date'. Jamek \;. Mudd. P.E.. Public Utilities Administrator PELICAN BAY FIRE AND IRRIGATION WATER IMPROVEMENTS AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 1 to the Agreement dated June 27, 2000 (hereinafter "AGREEMENT") is made and entered into this __ day of 2001, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OW%'ER") and Focus Engineering, Inc.. 1342 Colonial Boulevard. Suite E-37, Ft. Myers, FL 33907 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS. OWLNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Pelican Bay Fire and Irrigation Water Improvements (hereinafter referred to as "PROJECT"). said services more fully described in said AGREEMENT: and WHEREAS, OV~%'ER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary: and WHEREAS. CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW. THEREFORE, in consideration of the mutual covenants m~d provisions contained herein parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OW%'ER professional engineering services in all phases of the project to which this ,Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled 'Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachment A to said AGREEMENT which is attached hereto and made a part hereof. -1- ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in said agreement with modifications as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering services for the Pelican Bay Fire and Irrigation Water Improvements Project the day and year first wTitten above. ATTEST: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUS'4TY, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT. By: Clerk James D. Caner. Ph.D. Chairman Approved as to form and Legal sufficiency: /_ Assistant (~ounty Attorney FOCUS ENGINEERING. INC. · ,' Robert L.Tarnseworth, P.E. President /:~_,~O~. CF,,~~(C O RP O RATE SEAL) -2- AMMENDMENT NO. 1 TO SCHEDULE A SCOPE OF SERVICES This document serves as a supplement and clarification of Schedule A, Scope of Services as provided in the Professional Services Agreement dated 27 June 2000. This project amendment includes the professional services necessao' for the follow-on services to bid and construct that portion of the work defined as Phases 1B and 2A in the original Professional Services Agreement. It also includes the professional services necessary, to design, bid and construct that portion of the work defined as Phase IIB in the original agreement and further defined as the professional services necessary, to transfer approximately 53 Home Owner's Associations ("HOA") and approximately 72 fire hydrants from the irrigation to the potable water system. The HOA facilities transferred are those that require work to be completed beyond the original rights of way to effect the transfer and, in the case of the fire hydrants, those that will require extensive new water mains to be run to each hydrant location. These include water mains at the ends of cul- de-sacs and other similar situations. The following identifies the properties and summarizes the work that is contemplated for each property under Phase liB: BAY COLONY SHORES - Single family homes Each property has its own meters for potable and irrigation with the irrigation also servicing fire hydrants. Potable water lines are mostly 4" and the irriaation 6". Therefore project will need new 8" fire service line extending from the potable'system to the 13 fire hydrants. Total requirement will be 5500 feet plus an 8" RPDA BAY VILLAS & BRIDGEWAY VILLAS - Duplexes Change the 8" service that supplies water to both the 10 fire hydrants and irrigation meters from the 8" irrigation main to the 8" potable main across Crayton Road. Remove the five irrigation meters from the fire service line and run a new 6" irrigation line extending 2200 feet from the irrigation main to the five meters. The 8" reduced pressure detector assembly ("RPDA") will be located across the street within the ROW. BREAKWATER - Multifamily An 8" irrigation line loops through the complex providing water for the 11 fire hydrants. fire suppressions systems and five separate irrigation meters. A 6" potable water main serves the domestic water needs for the many buildings. The 8" irrigation system needs to be converted to a fire service system by switching the connection from the irrigation main in North Pointe Drive to the 8" potable main. The five irrigation meters will then be disconnected from the fire service system and reconnected to a new' irrigation main . installed in the complex. This irrigation main is estimated to total 4000 feet of 6" pipe. An N style RP detector valve assembly is required for the fire service system. CHANTECLAIR 1 & 2 - Multifamily Switch the 8" fire service line that serves a fire hydrant on Chanteclair 2 from the 10" irrigation to the 8" potable upstream of the 8x4 reducer. From this 8" fire service extend 8" fire lines to the two fire hydrants at Chanteclair 1, disconnecting them from the 6" irrigation. Total length of new 8" fire lines is 470 feet, however, piping is run next to buildings and through fancv vegetation. No change to the irrigation system for either property. CRESENT - Multifamily. An 8" irrigation line feeds 4 hydrants and several irrigation meters. An 8" fire service comes off this line and feeds a fire pump which discharges into a parallel 8" fire line. This supplies water to six buildings with fire suppression systems each with its own BFP. Provide a new 8" line to feed the fire pump off the potable main and a new 8"fire line to feed the first three hydrants. The fourth hydrant will have to have its own separate feed off of the potable main on the far side of Pelican Bay Blvd. One 8" and one 6" RPDA will be required. Total length of 8" pipe will be 1400 feet. FIRST UNION BANK / HMA No drawings can be found nor does the manager know' where the fire services to either building are located. Excavation by the contractor in the parking lots will be required to locate the two or three services. Otherwise it will be ordinary with two or three RPDAs. GEORGETOW%' - Single family homes Irrigation supplies water to multiple hydrants and irrigation meters. Need new' 8" fire service to supply water to the hvdrants. Extensive work required in the streets. About 1400 fi of 8" pipe. ISLE VERDE / POINTE VERDE - Single Family Homes Irrigation supplies water to multiple hvdrants and irrigation meters. Need newT 8" fire service to supply water to the hydrants. Extensive work required in the streets. About 1700 ft of 8" pipe. JAMESTOWN' - Single Family Homes No changes required to homes except fire hydrants along Pelican Bay and Oakmont PkwT to be converted from the irrigation main to the potable system. New piping to cross Pelican Bay and Oakmont. (3 crossings) Might be able to avoid the inclusion of RPDAs. L'AMBIANCE - Multi-Family Residential An 8" irrigation line and a 4" potable line encircle the entire property. The fire suppression and fire hvdrants are connected to the irrigation line. Both systems appear to be fed from two locations, off Hammock Oak Drive and off Oakmont Parkway. Convert the 8" irrigation line to fire service by changing the supply from the irrigation line to the 8" potable line on the west side of Oakmont Parkway and provide an N style Disconnect and blank off the service at Hammock Oak Drive. Run a new irrigation system consisting of 4000 feet of 6" irrigation from the service at Oakmont Pkwy to the irrigation meters. LAS BRISAS - Multi- Family Run a new' 8" pipe under Gulf Park Drive and connect to the 12" potable main. Disconnect the 8" fire service from the 6" irrigation feed and connect to the new 8" line. Disconnect the irrigation meter from the fire service and run back a new 6" line 140 feet to the existing 6" irrigation feed. NATIONS BANK (now is M & I Private Bank) Need to extend the potable main 800 feet and connect to the main in US 41. Remove about 400 feet of 6" and replace with the 800 feet of 8". The fire service can then be connected to the bank. NORTH BAY PLAZA - Commercial An 8" potable line extends north from Oakmont Parkway, runs on the west side of North Bav Plaza and connects to the 16" line at Vanderbuilt Road, servicing the domestic water needs and three fire hydrants. A 10" irrigation line runs on the east side of the plaza connected to two fire hydrants in the plaza as well as hydrants at both Ruby Tuesday and World Savings. At the plaza entrance a takeoff from this line provides water for the fire suppression system for the First National Bank. Prior to this takeoff, blank off the irrigation line and extend an 8" line 40 feet from the 10" line serving the plaza to across the street to the 8" potable line. This will convert all hydrants and the suppression system at the First National Bank to potable. Disconnect all irrigation systems from this system and reconnect the irrigation systems to a new 6" line extending from the 10" irrigation main and extending through the plaza for 1200 feet. Provide an 8" for the east side fire service system and an 8" RPDA for the First National Bank. OAKLAKE SANCTUARY - Multi-Family Change the 8" fire service from the irrigation main to the potable main in Gulf Park Drive. Disconnect the irrigation meter from the fire service and run a new pipe back to the irrigation main in Gulf Park Drive. Potable in street is only 6". Recommend it be increased to 8" from the 10" at the NW comer of the property and run eastward 600 feet to the main in US 41. PELICAN BAY WOODS - Single Family Homes Irrigation supplies water to multiple hydrants and irrigation meters. main to supply water to the hydrants. Estimate 2000 feet required. Need new 8" fire PINECREAST - Single Family Homes Irrigation supplies water to multiple hydrants and irrigation meters. main to supply water to the hydrants. Estimate 2000 feet required. Need new 8" fire SAND POINTE Need about 100 feet of 4" irrigation run in their property. ST. TOPEZ Need 400 feet of 4" irrigation run in their property. SUNTRUST BANK Need contractor to do investigative exploration to find the fire service. This and final work will be done on the owner's property. THE HERON Need 600 feet of 6" irrigation, run in their property. TIERP, A MAR - Single Family Homes Need 380 feet of 8" pipe including 80 feet under Pelican Bay Blvd. be in landscaping and crossing driveways. The remainder will U.S. TRUST Main to Waterside Shops runs down middle of entrance road to bank. Takeoff to bank comes off this line and RPDA will be in conspicuous location next to bank building. VILLA LA TANA Need about 100 feet of 4" irrigation run on their property VIZCAYA - Single Family Homes An 8"' loop and a 4" loop around the property serve the fire hydrants and domestic water needs respectively. Both are connected to the irrigation and potable systems respectively at the north and south ends. On north end redirect fire service around irrigation meter and connect to potable water line in Bay Colony Drive. Irrigation will remain as piped. On the south side 160 feet of 8;' pipe will be required extending across Pelican Bav Blvd and 50 feet of 4" irrigation piping to re-feed the meter. Two RPDA's are required with one being on the property and some street and vegetation disturbed. WATERFORD, BURRINGTON & OAILMONT - Single Family Homes The area consists of cul-de-sacs off of Green Tree Drive and Oakmont Parkway. The 6" irrigation feeds both fire hydrants and irrigation meters throughout the properties. Need to run new 8" potable piping to feed the fire hydrants. Total length of 8" pipe to be 7000 feet. WATERSIDE SHOPS - Commercial Change the 8" fire service from the 8'? irrigation to the 16" potable main located in the entrance, see U S Trust. An existing BFP, downstream of the U S Trust takeoff serves all the shops and Barnes and Noble. The irrigation meter comes directly off of the irrigation main. A 6" irrigation connection will have to be blanked off at the north end of the complex. WILLOW BROOK Need 200 feet of 4" irrigation piping on their property'. FOLLOW-ON SERVICES: Phases 1B and 2A--Transfer of HOA facilities & fire hydrants within ROW (Task numbers are as defined in our agreement) Consultant Professional Services A-6 Construction Contract Administration Additional A-7 A-8 A-9 A-10 A-12 Services Detailed Observation of Construction Landscape Architecture (Subconsultant) Control Design Survey (Subconsultant) Web Page (Subconsultant) Public Relations (Subconsultant) Additional A-13 A-14 A-15 A-16 A-17 Services (Consultant) not specified in the original agreement. Public Relations (In-house) Permit Preparation (DEP 8: Collier CounD') As-Builts Certification Expenses (Printing, phone, etc.) Phase II B--Work out of ROW' needed to transfer HOA and fire hydrants (Task numbers are as defined in our agreement) Consultant Professional Services A-3 Preliminary Design A-4 Final Design A-5 Construction Bid Services A-6 Construction Contract Administration Additional A-7 A-8 A-9 A-10 A-II A-12 Services Detailed Observation of Construction Landscape Architecture (Subconsultant) Control Design Survey (Subconsultant) Web Page (Subconsultant) Subsurface (Geotechnical) Public Relations (Subconsultant) Additional A-13 A-14 A-15 A-16 A-17 Services (Consultant) not specified in the original agreement. Public Relations (In-house) Permit Preparation (DEP & Collier CounD') As-Builts Certification Expenses (Printing, phone, etc.) SCHEDULE B - ATTACHMENT A AMENDMENT NO. 1 SCHEDULE OF FEES FOR BASIC SERVICES Fees in Original Additional Fees Additional Fees Total Task Agreement (Bidding & Const) (Design & Constr) Proiect Fees Number = Task (Phases lB & 2A- (Phases lB & 2A-- (Phase 2B-- To Date ~ Work inside ROW) Work inside ROW) Work outside ROW COnsultant professionsl :se~ices;: A-2 'Design Report ...................................................... ...... Inte~'medi~(e~asks- $ 72.832.20 $ - $ $ 72,832.20 Report Preparation ............................ --- .... ~ %-- ~ 881437.50 .............. $ 66,437.50 $ - ~-3 --PreliminaryD-esig~ ...... A-4 Final Design ................ 77,803.95 $ SUBTOTAL $ 252,067.95 $ 90.700.00 $ 549.531.00 $ 892,298.95 Additional Services {$UbcOnsU!tants);; :;, .; ,:; ;;; ::¢;; $ ' A_8~__l~a_nd_scap~e..A_~-chitec~t_uLe .......... .$ _.9,325.00. $ ...... 27,5_0?±00 $ .. _67,37__4.00 $..!._04,199__00 A-9 _ C??t rol_/_D~esig n_S ~ ~ey/_M a_ p_ping $ 15,601.30 $ 3,346.97 S 49,44900 $ 68,397.27 Survey (Burch Survey) _ ...................... Mapping (Mapmaker) No~i'~c~e~ .... $ .... ,~- -~"~,9-~0-0 ~---31,~.00 A-12 15ublic-F~el-ati~r~s~Su--bconsultant-) - i :~ ..... 22,3~78~-- $- - ~:17832;1-9 --~ .... ~-2~,8~.4~- :~' ~6,97'~;'6~ SUBTOTAL / S 90,146.20 $ 46,244.60 $ 210.000.60 $ 346,391.40 Additional,Services (COnsultant) A-13 __Public R_elations_(I.n__house_) ....... No_t I_n~cl_u_d_ed ..... $ __ _ 9:2~6:00 _.S ..... _6,052.00_ S~ _15,348._00. A-14 Permit Preparation (DEP and Collier County) Not ncuded $ 2,250.00 $ 17,550.00 $ 19,800.00 - A-15-"--As-Builts Not Included $ 3,600.00 $ 14,400.00 $ 18,000.00 ~,-16- -Certificatio-~ .............. l~o~ncluud~d- -~ .... -~,b00.00- $ .... 9,--0-00.00 -$-- 12,0~.00 -A--17 --Ex~en~e~ (P rinti~, 'Shone, etc.) SUBTOTAL $ $ 23,146.00 $ 57,002.00 $ 80,148.00 Project Totals $ 342,214.15 $ 160,090.60 $ 816,533.60 $ lr318,838.35 SCHEDULE B - ATTACHMENT C AMEDMENT NO. 1 PROJECT SCHEDULE It is proposed that each project be designed and completed separately or in groups that will provide a reasonable size project to negotiate construction contracts. For the purpose of this schedule, it is assumed that the 27 projects will break down into 15 manageable projects. The design phase of each project will be allocated once a concurrence is reached upon the priority of each segment of work. Treating each project separately will mean that the individual items will overlap, i.e., PreliminaD' Design. Final Design. Bidding Services, Construction Services. etc. It is proposed that the overall project will be completed on the following schedule. Phase 2A (Fire Hydrants) Bidding Services Construction Administration Detailed Construction Observation Construction Certification & As-builts 30-days after direction to proceed for each project 6-working months after commencement of construction 6-working months after commencement of construction Within 30 days after construction is finated for each project Phase lB (HOA Changeovers in ROW) Bidding Services Construction Administration Detailed Construction Observation Construction Certification & As-builts 30 days after authorization to bid for each project 7 working months after commencement of construction 7 working months after commencement of construction Within 30 days after construction finaled for each project PreliminaD~ and Final Design (Phase 2B) Bid Services Construction Administration Detailed Construction Observations Construction Certification & As-builts 12 months after notice to proceed 30 days after authorization to bid for each project 16-working months after commencement of construction 16-working months after commencement of construction Within 30 days after construction is finaled for each project EXECUTIVE SUMMARY THE BOARD O1* COUNTY COMMISSIONERS AUTHORIZE THE PARKS AND RECREATION DEPARTMENT TO OPERATE PARK RANGER CAMPS THIS SUMMER, 2001. Objective: That the board of County Commissioners authorize the Parks and Recreation Department to operate two (2), two-week Park Ranger camps this summer of 2001. Consideration: The Parks and Recreation Department conducts summer camps for children in Elementary School and Middle School during the summer months. These camps are held at various locations throughout the County. Last year the Department held a Park Ranger camp at Sugden Regional Park for children from kindergarten through fifth grade on a trial basis. The camp was very successful. The Department is requesting authorizatiOn to operate two (2) two-week Park Ranger camps this summer for this age group. The dates of the camps would be as follows: June 11th through the 15th and June 18th through the 22nd August 6th through the 10th and August 13th through the 17th Fiscal Impact: Additional funding will be required for the two camps as follows: Camp counselors - 3 each two-week session Transportation per each two-week session Field trips and supplies per each two week session 3,600 = $7,200 1,200 = 2,400 1,000 = 2,000 $11,600 The total cost for the two camps will be $11,600. Revenue received from participants will offsetq0.6 .% of the funding required. It is anticipated that 30 children will enroll in the program and the fee is $175 per child per two-week session. The revenue generated would be approximately $10,500, with the remaining $1,100 coming from General Fund (001) Reserves.. Growth Management: There is no effect on the Growth Management Plan Recomniendation: That the Board of County Commissioners authorize the Parks and'- Recreation Department to operate two (2) two-week Park Ranger camps this summer .at Sugden Regional Park and authorize associated budget amendments. · l APR ! 0 2001 I Recommendation: The Board of County Commissioners award Bid ~01-3196 to Dick Blick Art Materials for the purchase of arts and craft supplies. Prepared by::~~ Steve Peffers, Recreation Supervisor Department of Parks and Recreation Date Reviewed and .,,/,. /? ~ Approved by: ~//~.~- ~ Maria ~amsey, Director/ Department of Parks an~l-Recreation Date Reviewed and Approved by:-~,,~~' ~c/~. K..__~~ Date Steve Carnell, Director Purchasing/General Services Department Reviewed and~~,~, ? ~/~~.~ ~--------~ Approved by: Leo Ochs, Jr., Ad~ni~trator~ Division of Publi ' SC.._.S_pr~ices Date APR ! O_ 2001 ! Agend& NO. APR 1~_.~?001 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE REVENUES AND EXPENSES RELATED TO THE SALE OF PC'S TO EMPLOYEES AND TO AUTHORIZE THE TRANSFER OF ITEMS ASSOCIATED WITH THE COUNTY SURPLUS AUCTION BACK INTO THE COUNTY'S INVENTORY. OBJECTIVE: To present the results of the recent sale of PC's and recent County property auction to the Board of County Commissioners for ratification; and to approve a budget amendment to recognize revenues and appropriated expenses related to the sale of PC's to employees and to authorize the transfer of items associated with the County surplus auction back into the County's inventory. CONSIDERATION: On October 24, 2000, Item 16E8, the Board of County Commissioners authorized staff to sell surplus PC's from the PC Replacement Program to employees of the Board of County Commissioners pursuant to Florida State Statue 274.06. The sale generated $16,200.00 in revenues. Expenses related to the surplus sale of PC's amounted to $8,400.00. Revenues should be credited and expenses debited to 001-121730. On February 27, 2001, Item 16E2, the Board of County Commissioners authorized staff to conduct an auction of specified County-owned assets for the purpose of disposing of these items and generating revenues for the County. Two (2) items sold at the surplus auction need to be declared as surplus. Lifts were permanently attached to two (2) vehicles in the surplus auction and were sold as whole units; Lift Asset #980538D (sold with Truck Asset #950010) and Lift Asset #980538C (sold with Truck Asset #940045). Three (3) vehicles were declared as surplus on February 27, 2001. Fleet was unable to obtain vehicle registrations or did not have a replacement vehicle; therefore we would like to add these vehicles back into inventory; 950020 - 1995 Chevrolet C2500 2WD (522-122464); 960047 - 1996 Jeep Cherokee 4WD (522-122464; and 990087 - 1995 Ford/Star Trans 18 Passenger Bus (126-138330). The March 3, 2001 auction generated $362,320.00 in actual gross revenues and $333,150.80 in net revenues. The auctioneer's commission is $28,985.60. Expenses related to the surplus auction amounted to $183.60 (day labor). This auction included vehicles and office equipment. The breakdown of gross and net revenues between the Board of County Commissioners, Property Appraiser and Sheriff's Office is as follows: Aqencv Gross Revenues Expenses Net Revenues Board of County Comm. Property Appraiser Sheriff's Office $ 277,585.00 $ 22,347.00 $ 255,238.00 $ 6,200.00 $ 500.00 $ 5,700.00 $ 78,535.00 $ 6,323.00 $ 72,212.00 AGENDA ITEM APR 2001 P g .__ ! EXECUTIVE SUMMARY PC LOTTERY/AUCTION PAGE TWO FISCAL IMPACT: Revenues for the PC Employee Lottery have been allocated as follows: Fund Revenue Amount General Fund Expenditures $ 8,400.00 General Fund Reserves $ 7,800.00 Total: $16,200. O0 Revenues and Expenses for the Surplus Auction have been allocated as follows: Department Fund Allocated Revenues Fleet Mgmt. Regular Motor Pool 522 $148,958.00 Utilities 408 $ 55,836.00 Road & Bridge 101 $ 7,724.00 Pelican Bay Services 109 $ 7,770.00 M PO/Zran sportation 126 $ 1,747.00 Solid Waste 473 $ 2,207.00 Parks & Recreation 111 $ 8,519.00 General Fund 001 $ 51,647.80 Total Aflocated Revenues: $ 284,408.80 GROWTH MANAGEMENT IMPACT: This does not affect the Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners (1) accept and ratify the revenues for the surplus sale of PC's from the PC Replacement Program and authorize staff to prepare a budget amendment to recognize revenue of $16,200 and appropriating $8,400 in the Surplus Fund for expenses related to the sale and $7,800 to General Fund Reserves; (2) accept and ratify the revenues for the County Auction held on March 3, 2001 pursuant to the itemized sales report attached herein; (3) declare two items as surplus, Asset #980538D and #980538C; (4) add three vehicle back into inventory, Asset #990087, #950020 and #960047. AGENDA ITEM No. _j..~: ..~_.__l_ EXECUTIVE SUMMARY PAGE THREE PC LOTTERY/AUCTION SUBMITTED BY: ~L~,\'~t,~;; ;~ Rt~onda L. Tibbetts, Purchasing Agent II Purchasing Department Date: REVIEWED BY: APPROVED BY: Ste'pher~ Y, ~ar'~ell, Director C~]rch~sing/General Services Department 3e-Anne Varcoe-Leamer, Administrator Support Services Division Date: Date: EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION RATIFYING SPECIFIC EXPENDITURES FOR EMPLOYEE RECOGNITION MEETINGS AS SERVING A VALID PUBLIC PURPOSE. OBJECTIVE: To have the Board declare specific expenditures as having a valid public purpose in order to recognize employees and or depamnents for exemplary performance. CONSIDERATIONS: An employee luncheon was held on March 6, 2001 to recognize the Information Technology and Purchasing Departments for their work on the PC Replacement Program. Cheeseburgers, salads and desserts were cooked and sen'ed by senior staff members. Collier County Resolution No. 98-478 does not appear to cover some of the exact expenditure categories involved in this type ora recognition program. Il is the purpose of the proposed attached Resolution to approve and ratify the expenditures that were incurred in the above named event and for like expenditures incurred at future recognition programs. FISCAL IMPACT: The cost for the Information Technology and Purchasing event was 5186.00. The cost will be reimbursed (from operating budgets) to staff members who paid for the food. Future events ,,','ill be funded from existing departmental operating budgets. GRO~VTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve the attached Resolution ratifying and approving specific expenditures incurred at the employee recognition event as addressed v,'ithin this summary and future similar events finding that said expenditures sen'e a valid public purpose. Further, that the Board authorize the disbursement of funds for the expenditures. Reviewed By: .,_v.,.z~d~;,~,~70,Y/Y Date: Skip Camp, CFM, Director The Department of Facilities Management Approved By: ,ih' ~//'L/ Date: Jo-Anne Varcoe-I.eamer, Administrator Support Services Division ~/_?,./c': / AGENDA ITEM No. //,, ~ APR 10 2001 ic g._ .... [_ ITEM NO.: FILE NO.: ROUTED TO: DATE RECEIVED: DO NOT W~RITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (Please Wpe or print) Date: 03/21/01 To: Office of the County Attorney, Attn: Tom Palmer From: Skip Camp /~/~'f~ Department: Facilieis Management Telephone # (Very Important): 8380 Re: Food Resolution (Subject) BACKGROUND OF REQUEST/PROBLEM: Title: Director Division: Support Services (Describe problem and give background information - be specific~ concise, and articulate.) Please reviw the attached Resolution. (Are there documents or other information needed to review this matter? If yes, attach and reference this information.) This item has/has not been previously submitted. (If previously submitted provide County Attorney's Office File No.) ACTION REQUESTED: (Be ve~- specific, ldenti~ exactly what you need in the way of legal services.) Please review the attached Resolution. OTHER COMMENTS: None. cc: JoAnne Leamer, Administrator requests must be copied to your appropriate Division Head or Constitutional Officer.) RESOLUTION NO. 2001 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA. APPROVING THE EXPENDITURE OF COUNTY FUNDS FOR FUTURE COUNTY TRAINING SESSIONS, JOB FAIRS, OPEN HOUSES, ORIENTATION SESSIONS, KICK-OFF MEETINGS, PLANNING WORKSHOPS AND EMPLOYEE RECOGNITION MEETINGS, LUNCHEONS AND DECLARING THAT SAD EXPENDITURES ARE AUTHORIZED AS SERVING A VALD PUBLIC PURPOSE. WHEREAS, the Board of Count3' Commissions regularly holds training and orientation sessions for the enhancement of employee skills; and W,3-tEREAS. the Board of Count, Commissioners reg'ularly holds job fairs and open houses to attract qualified job applicants: and WHEREAS, the Board of County Commissioners regularly holds planning workshops to develop and promote the goals of County divisions and departments: and WHEREAS. refreshments such as donuts, muffins, pastries, cookies, coffee, tea. juice, soda. pizza, sandwiches and light snacks have been and will be made available to those attending these sessions, fairs, open houses, employee recognition meetingsquncheons, kick-off meetings and workshops, and supplies, such as napkins. cups. plastic utensils, paper plates, tablecloths, and coffee stirrers are used for the sessions, fairs, open houses, kick-off meetings and workshops; and V~q-IEREAS, Collier County Ordinance No. 87-5 allows for expenditures of Count>' funds to enhance Count3' employee productivity, and recognizes that the promotion and engendenng of good will toward the County is an important factor affecting the pride of County employees in their work, provided that the Board of County Commissioners adopts or has adopted an implementing resolution setting forth the specific purposes of the expenditures; and Wq-IEREAS, the Information Technology and Purchasing staff held an employee recognition luncheon / meeting on March 6, 2001 at which costs in the amount of $186.00 were incurred for hamburgers, salads, desserts and soda; and WHEREAS, the Board of County Commissioners shall, in the future hold training sessions, job fairs, open houses, kick-off meetings, planning workshops, and employee recognition meetings, luncheons at which expenditures for refreshments such as donuts, muffins, pastries, cookies, coffee, tea, juice, soda, pizza, sandv,,iches, light snalS, napkins, cups. plastic utensils, paper plates, tablecloths and coffee stirrers will be incurred. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR1DA. that: 1. The Board further finds that for future training sessions, job fairs, open houses, kick-off meetings, employee recognition meetings/luncheons, planning workshops expenditures for refreshments such as donuts, muffins. pastries, cookies, coffee, tea, juice, soda pizza, sandwiches, light snacks, napkins, cups, plastic utensils, paper plates, tablecloths and coffee stirrers serve the valid public purpose of promoting and engendering good will toward Count3' Government and increasing productivity and for those reasons are approved for future training sessions, job fairs and open houses, kick-off meetings and planning workshops. The Board hereby authorizes disbursement of moneys to pay for said expenditures. 2. The expenditures in the amount orS186.00 for the Information Technology and Purchasing staff employee recognition luncheon/meeting held on March 6, 2001 are hereby found by the Board to serve a valid public and are ratified and approved. The specific expenditures ratified and approved are cheeseburgers, salads, desserts, sodas, paper plates, cups, napkins and plastic utensils. 3 This Resolution repeals Resolution No. 98-478. This Resolution adopted after motion, second and majority vote favoring same. DATED ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COtm'TY. FLORDA Attest as to Chairman's Signature only Approved as to form and Legal sufficiency: ~/D d e C ntv Attorney By: James D. Carter, Ph.D., Chairman APR 1,0 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLLrrlON NO. 2001 - __ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA. APPROVING THE EXPENDITURE OF COUNTY FUNDS FOR FUWURE COUNTY TRALNING SESSIONS, JOB FAIRS, OPEN HOUSES, ORIENTATION SESSIONS. KICK-OFF MEETINGS, PLANNING WORKSHOPS AND EMPLOYEE RECOGNITION MEETINGS. LUNCHEONS AND DECLARING THAT SAD EXPENDITURES ARE ALrFHORIZED AS SERVING A VALD PUBLIC PURPOSE. WHEREAS. the Board of County Comrmssions regularly holds training and orientation sessions for the enhancement of employee skills; and WHEREAS, the Board of County Commissioners regularly holds job fairs and 19 open houses to attract qualified job applicants: and 20 WHEREAS. the Board of County comnmssioners regularly holds planning 21 workshops to develop and promote the goals of County divisions and departments: and 22 WHEREAS, refreshments such as donuts, muffins, pastries, cookies, coffee, tea. 23 juice, soda. pizza, sandwiches and light snacks have been and will be made available to 24 those attending these sessions, fairs, open houses, employee recognition 25 meetings/luncheons, kick-off meetings and workshops, and supplies, such as napkins 26 cups, plastic utensils, paper plates, tablecloths, and coffee stirrers are used for the 27 sessions, fairs, open houses, kick-off meetings and workshops: and 28 WHEREAS. Collier County Ordinance No. 87-5 allows for expenditures of 29 County funds to enhance County employee productivity, and recognizes that the 30 promotion and engendenng of good will toward the County is an important factor 31 affecting the pride of County employees in their work. provided that the Board of County _,_ Commissioners adopts or has adopted an implementing resolution settin~ forth the 33 specific purposes of the expenditures: and 34 WHEREAS. the Information Technology and Purchasing staff held an employee 35 recognition luncheon / meeting on March 6, 2001 at which costs in the amount of 36 $186.00 were incurred for hamburgers, salads, desserts and soda: and 37 WHEREAS, the Board of County Commissioners shall, in the future hold training 38 sessions, job fairs, open houses, kick-off meetings, planning workshops, and employee 39 recognition meetings, luncheons at which expenditures for refreshments suc 40 muffins, pastries, cookies, coffee tea, juice soda. pizza, sandwiches, light s , as donuts? ack .k~' ~ APR 1 0 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 65 66 67 68 69 Attest as to Chairman's 70 Signature only 71 72 Approved as to form and 73 Legal sufficiency: 74 75 David C. Weigel 78 County Attorney 79 napkins, cups, plastic utensils, paper plates, tablecloths and coffee stirrers will be incurred. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: I. The Board further finds that for future training sessions, job fairs, open houses, kick-off meetings, employee recognition meetings/luncheons, planning workshops expenditures for refreshments such as donuts, muffins. pastries, cookies, coffee, tea, juice, soda pizza, sandwiches, light snacks, napkins, cups, plastic utensils, paper plates, tablecloths and coffee stirrers serve the va]id public purpose of promoting and engendenng good will toward County Government and increasing productivity and for those reasons are approved for future training sessions, job fairs and open houses, kick-off meetings and planning workshops. The Board hereby authorizes disbursement of moneys to pay for said expenditures. 2 The expenditures in the amount of $186.00 for the Information Technolog3 and Purchasing staff employee recognilion luncheon / meeting held on March 6. 2001 are hereby found by the Board to serve a valid public and are ratified and approved. The specific expenditures ratified and approved are cheeseburgers, salads, desserts, sodas, paper plates, cups, napkins and plastic utensils. 3. This Resolution repeals Resolution No. 98-478. This Resolution adopted after motion, second and ma. iority vote favoring same. DATED ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman APR 10 2001 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS TO TRANSFER FUNDS TO COVER COST OF PURCHASING TWO DIGITAL TAPE DECKS TO BROADCAST CHANNEL 54 PROGRAMMING OBJECTIVE: The Board of County Commissioners approve the necessary budget amendments to transfer funds necessary to purchase two digital tape decks for broadcasting Channel 54 programming. CONSIDERATIONS: In order to broadcast Channel 54 programming to the public on a 24-hour/seven day schedule, it is necessary to have eight functioning playback tape decks. At this time, one deck is being repaired and one is beginning to show signs of aging. The expected life of this equipment is 3,000 hours and we have reached that mark on all playback decks. Each tape deck is capable of broadcasting two hours of programming at which time, if we are operating with only one deck, it will be necessary for someone to manually change the tape every two hours to meet the programming schedule. The schedule allows for sixteen hours of programmed material and eight hours of the County Bulletin Board. To meet the commitment Collier County has made to the community to provide continuous broadcasting on Channel 54, it will be necessary to purchase this replacement equipment. FISCAL IMPACT: Funds in the amount of $8,000 are available in MSTD General Fund Reserves to cover the cost of this equipment. These funds will be transferred to and appropriated in the General Fund. GROWTH MANAGEMENT IMPACT: No growth management impact is associated with this request. RECOMMENDATION: The Board of County Commissioners approve the necessary budget amendments to transfer funds to cover the cost of replacing two digital tape decks for broadcasting Channel 54 programming. Submitted by: J'~an Merritt, irec or Department of Public Information Date Approved by:. v)///~/u//j'--''/ Date Jo-Anne Varcoe-Leamer, Administrator Support Services Division AG£NOA ,o. APR 1 0 ZOO1 EXECUTIVE SUMMARY APPROVE A STANDARD COUNTY CONTRACT WITH HARVARD JOLLY CLESS TOPPE ARCHITECTS WITH SCHARF & ASSOCIATES FOR DESIGN SERVICES FOR THE NEW COLLIER COUNTY EMERGENCY SERVICES COMPLEX OBJECTIVE: Obtain Board approval and authorization for the Chairman to sign a standard. County Attorney approved contract with ttarvard Jolly Cless Toppe Architects with Scharf & Associates for design services for the new Emergenc3 Services Complex. CONSIDERATION: On February 13, 2001, the Board of County Commissioners awarded RFP #00-3187, "Design Support Services for New Collier County Emergency Services Complex" to Harvard Jolly Cless Toppe Architects with Scharf & Associates. and authorized staff to enter into negotiations. Slaffhas completed negotiations and the contract is read.',, for approval b3 the Board. FISCAL IMPACT: The contract sum is $45,750. and fi~nds have been budgeted in Cmunty-~±de CIP Fund 301 (Capital Improvements). Source of funds is Ad Valorem. GROWTtt MANAGEMENT IMPACT: Goal 12 of the Conservation and Coastal Management Element requires that the County shall make ever3 reasonable effort to ensure the public safety of people and property from the effects of disasters. RECOMMENDATION: That the Board of County Commissioners approve the standard. County Attorney approved contract tbr Design Support Services for the next' Emergency Services Complex with Harvard Jolly Cless Toppe Archilects with Scharf& Associates and authorize the Chairman to sign said contract. Date: ~-~- SUBMITTED BY: DarcffWaldron, Emergency Services ~~t ''~ '~' ~~ ~/"Date: - ~tev~'n c~n~, Purchasing Director REVIEWED BY: APPROVED BY: .... Date :. Thomas Storrar, Emergency Services Administrator ...... AOENDA ITEM No._ .//.~, ~_ / APPROVAL OF BUDGET AMENDMENTS BCC Agenda of April 10, 2001 Pollution Control & Prevention (Fund 114) Budget Amendment #01-238 Capital Data Processing Equipment $6,300 Reserves Reserve for Contingencies (6,300) Total: -0- Explanation: Funds are needed to repair the Atomic Absorption Graphite Furnace that is used to perform water quality analysis of metal concentrations. Isle of Capri Fire District (Fund 144) BA #01-242 Operating Expenses Lease/Purchase Equipment $6,000 Reserves Reserve for Capital Outlay $6,000 Total: -0- Explanation: Funds are needed to replace (recommended by Fleet Management) an existing vehicle for the Fire Chief. Five-year Lease/Purchase. APR 1 0 2001 EXECUTIVE SUMMARY DIRECT AND AUTHORIZE THE COUNTY MANAGER TO CREATE A SEPARATE PAY GRADE AND CLASSIFICATION GROUP FOR EMS FIELD PERSONNEL OBJECTIVE: To direct and authorize the County Manager to create a separate pay grade and classification group for EMS field personnel. This pay grade and classification group would be 300 through 325 inclusive. CONSIDERATION: It is the current policy to provide compensation in the form of compensatory time for the Command Staff (Commanders and Captains) who exceed their threshold hours of 106 per pay period for hours worked in the field. This policy has created a situation where extraordinarily large amounts of compensatory time have accumulated with little opportunity for employees to utilize this benefit due to staffing constraints. In an effort to create a system that would benefit Collier County as well as this group of employees, the Human Resources Department is proposing to create a separate pay grade and classification group for the field personnel. Employees included in this group who are considered Command Staff will be paid for hours worked in the field over and above their threshold (106) at their straight-time rate. This paid compensation would also apply to travel time, shift hours and eight (8) hours for non-scheduled days that they are away from their assigned area due to County business. These employees would continue to receive compensatory time for attendance at classes and meetings or any other additional hours accumulated as a result of non-field type work. Approval of this change would be made retroactive from January 27, 2001, and it is requested that these payments be made in a special check issued within three (3) days of approval. FISCAL IMPACT: Implementation of this change in policy will cost $57,000 and will come from Budgeted Emergency Medical Service Operating Funds. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board approve this proposal and authorize the County Manager to create a separate pay grade and classification group for EMS field personnel. AGENDA ITEM No. /~ ('F")oax APR '1o 2001 Pg._,.. / SUBMITTED BY: REVIEWED BY: APPROVED BY: ' Gary ~e~"'aI~p, PhD. ( ~ Employee Relations Supervis6¥-" ._d/~X I Date: Thomas Storrar Emergency Services Administrator Date: -~/;~O/'tg/ AGENDA ITEI~! No. /~ r_~-)~., APR / o 2001 pg. 2.... 4) Environmental Advisory Council - Minutes of March 7, 2001 meeting and Agenda of March 7, 2001 meeting 5) Collier County Library Advisory Board - Agenda for February 28, 2001 meeting and Minutes of January 24, 2001 meeting 6) Rural Fringe Area Assessment Oversight Committee - Notice of February 28 and March 21,2001 meetings 7) Collier County Planning Commission - Agenda for March 15,2001 meeting. 8) The Pelican Bay MSTBU Advisory Committee - Agenda for March 7, 2001 meeting and Minutes of February 7, 2001 meeting 9) Historic and Archaeological Preservation Board - Minutes of February 16, 2001 meeting 10) Golden Gate Beautification Advisory Committee - Agenda for March 13, 2001 meeting and Minutes of Meeting February 20, 2001 11) Collier County Productivity Committee - Notice of March 21, 2001 meeting 12) Collier County Contractors' Licensing Board -'Agenda for March 21,2001 meeting 13) Immokalee Beautification M.S.T.U. Advisory Committee - Agenda for March 21,2001 meeting and Minutes of February 21,2001 Meeting 14) Rural Fringe Area Assessment Oversight Committee - Minutes of Meeting of February 14, and February 28, 2001 meetings and Notice for February 28, 2001 meeting and Agenda for February 28, 2001 meeting and Agenda for March 7, 2001 15) Environmental Advisory Council - Minutes of January 3,2001 meeting and Agenda for February 7, 2001. meeting 16) Productivity Committee - Agenda for March 21, 2001 meeting and Minutes of February 21,2001 meeting 17) Collier County Metropolit .an Planning Organization - Agenda for March 23, 2001 meeting 18) Hispanic Affairs Advisory Board - Minutes of January 25, 2001 meeting H:Data/Format 19) Bayshore Beautification Advisory Committee - Agenda for February 7 and March 7, 2001 meeting and Minutes of February 7, 2001 meetin, AGENDA ITEM APR 10 2001 pg... 2-. .... · ._~__~_~.~__~_u~.ur OF GOVERNMENT TN THE FLORIDA DEPARTMENT OF LAW ENFORC ~ AR'~.'J.-DRUG ABUSE ACT FORMULA (]RANT PROGRAM. EMENT S ~ To seek appointment of the Collier County Commission as the coordinating unit for local application for anti-drug abuse grants. CONSIDERATION1 1. The Collier County Commission has participated in the Anti Drug Abuse grant (Edward Byrne Grant) program for twelve years. 2. The Collier County Pro~ram has proven to be a valuable project. 3. The Florida Department of Law Enforcement has allocated $212,560 for State Fiscal Year 2002 Collier County funding. 4. The Sheriff,s Office will seek thirteenth year Edward· Byrne Grants' Second year continued funding will be sought for the Collier County Juvenile Arrest and Monitoring (JAM) Program. First year funding will be sought for the Collier County Community Policing Projects in Immokalee and East Naples. 5. Board approval is needed for: the,COllier County'Commission to coneinue in the capacity of local .coordinator; the Sheriff,s Office .grant applications for fiscal year 2001/2002;' to authorize acceptance of awards; and associated budget amendments. FISCAL IMPACT1 Twenty five (25%) pe~cent-~ local ma~chlng funds', $70,854"~'"' drawn Reservesproportionate (602-919010-991000). to share of funding received, from Confiscated Trust Fund QROWTHMANAQEMENT~ No recurring costs for subsequent years. RECOMMENDATION1 That the Collier County commission agrees to be the local coordinating unit of government and authorizes the Board Chairman to execute the Certification of Participation for thirteenth year funding, approve the Sheriff,s Office grant applications.,for fiscal year...2001/2002, .authorize acceptance of awards and approve associated budge~ amendments. ".· - This request is a legitimate. ex~endi'~re'~.-Of Confisc&ted' Trust Punds u~der Section 932.7055 (4) (a) Florida Statutes federal grants. PREPARED BY~ to provide matching funds to obtain CERTIFICATE OF PARTICIPATION State Fiscal Year 2002 Date: Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Flodda Department of Law Enforcement 1819 Miccosukee Commons Drive Tallahassee, Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts x Declines the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name: Jo¥ce Houran Title: Grant Coordinator E-mail address: grants@colliersheriff, org Agency: Collier County Sheriff's Office Address: Telephone: 941-793-9346 Date: Sincerely, County: Collier ITEM APE 10 200! Pg. ~ Chair, Board of County Commissioners James D. Carter, Ph o D Enclosure2 A~ Assistant Coanty Attorney Byrne Grant Program Announcement EXHIBIT "A" COPS in Schools Program FISCAL & LOCAL SHARE BY FISCAL YEAR FISCAL FEDERAL LOCAL YEAR PORTION MATCH TOTAL 2002-03 $400,464.00 $314,400.00 $714,864.00 2003-04 $357,421.60 $134,274.40 $491,696.00 2004-05 $242,114.40 $270,605.60 $512,720.00 $1,000,000.00 $719,280.00 $1,719,280.00 NoSe: Positions are expected to be filled in 2003. The local match includes costs over a three year period for: payroll exceeding $1,000,000, miscellaneous expenses, and fully equipped vehicles for eight new certified officers. ]h\a:xsc~s3 AGENDA ITEM APR 10 Please complete the information below. Each item or question must be answered in full. All requested information must be type& Previous editions of this application are obsolete and may not be used. Applicant Organization's Legal Name: Collier County Sheriff's Office Applicant Agency EIN Number (assigned by the IRS; this number should be nine digits):_ 59-6000-561 [Jf the Office of dustice fS'ogram.~' ha.r ax~'igned your department an E1N Number, plea. Ye u~'e that n*Mgn~d number. Otherwi~e, yo~r Jntt~ud Revenue Service SIN number s~ould be aYed. For further clarification, plea. ye rvfer to your Application Instruction Manual, pa~e. $.] Applicant Agency ORI Number: FL 01100 [~L~igned by the FBl for UCR r~porting. Thi. v number should be seven digits long, beginrdng with the two letters, of your xtate abbreviatio~ For further clarification, please refer to your Applicalion Instruction Ma. rau~ page 3.J Federal Congressional District Number(s): 14 Are you contracting for law enforcement services? n Yes KI No ]f ~a*, " enter the name and agency infornmtion of the contract law enforcement department in the f~ther clarification in determining if th£~. appli~, to your agency, please refer to the/lpplication Instr'~ction Manuat, ~age (Tv'ot~_. Please lixt the highe,rt rank~'ng o.~tcial for each category) Law Enforcement Executive's Name: Don Hunter Title: Sheriff Agency Name: Building J Ad&e~: 3301Tamiami Trail East, Ci~: Naples Collier County Sheriff's Office State: Florida Zip Code: 34112 Telephone: 941-774-4434 Email Ad&ess: qrants@colliersheriff.orq Fa.x: 941-793-9333 ~Type of Police Agency: 121 Municipal [] State [] County PD ra Sheriff* E! Tribal* 121 Trmasit* [] School* [] University/College* (121 Public or [] Private?) []Public Housing* [] New Start-Up* (please specify .type of agency): DO',_her* (please specify):_ ' *Deparzmera~, appI. ving fr~m agency, type2, with an a~'terisk next to them must complete the additional information questionnaires contained in the AppJi<'at~on Kit. ThL¥ additional information must be submitted wqt~ your appiication. Government Executive's Name: James D. Carter, Ph.D. Tit]e: Chairman, County Con~nission Name of Government Entity: Collier County Addmss: 3301Tamiami Trail East, Building F Ci~' Naples Sm~e: Florida Zip Code: 34112 Telephone: 941-774-8393 Fax: 941-774-3602 Small Ad&ess: JimCarter@ccl liergov, net COPS m Schools AGENDA ITEM 2 Type of Government EntiW: O State O City. rn !3 Borough D Township 13 C! Community O ~ Other (please specify): Town ~1 County. 121 Village Territory. IZ! Region 0 Council Pueblo ~ Nation 0 School District Contact Information: Name of contact person in your department who is familiar with this grant: Joyce Houran Title: C,r~nt (2oc~rd~ n~i-~'r' Telephone: Email Address: ~,-=,~e ~@co!l 5ersheriff _org Fax: 9,~1-793-q405 Under the COPS in Schools grant program, applicants must enter into a partnership agreement with an official for a specific school or school district with general educational oversight authority in that jurisdiction. If there are going to be multiple partners involved in this project, please provide the following information for each of the partners on the additional parmers page included in this application. However, you must designate one school official as the school representative under the grant program. Please provide the information for that individual in the space below. If the proposed project affects an entire school district, then the official with general educational oversight over the entire school district should complete the information below. Name of Partner Agency or School District: School Official Name: Dan White Addre&s: 3710 Estey Avenue Collier County Public Schools Title: Superintendent Ciw:. Naples Smte: Florida Zip Code: 34112 Telephone: 941-436-6584 Fax: 941-436-6451 Email Address: whiteda@collier.kl2.fl.us In addition, at the time the application is submitted, applicants for the COPS in Schools grant program must include two written documents prepared in cooperation with the partner agency, or agencies, involved in the program. First, you must subrait a Memorandum of Understanding (MOU) that details the roles and respons~ilities of the partners involved in this project. For additional information on this requirement, please refer to page 6 of this application form. Second, you must also submit a COPS in Schools Narrative Addendum detailing the proposed project. For additional information on this requirement, please refer to page 7 of this application form. COPS Jn Schools AGENDA ITEM __ All COPS in Schools awards will contain an "Additional Gram Condition" that mum be signed and returned to the COPS Office. This grant condition is contained in the award package and requires the officer(s) deployed into the School Resource Officer position(s) and the individual designated as the School Representative under the grant program to attend a COPS in Schools Training. The COPS Office will reimburse grantees for training, per diem, travel and lodging for attendance of required participants up to the maximum orS1,100 per person attending. All awarded applicants will receive additional information on these trainings after the official notification of the grant award. Has your jurisdiction received other COPS grants? [] Yes If "yes," under which program(s)? (Choose all that apply.) [] COPS Phase I lgl COPS AHEAD · COPS MORE ~Universal Hiring Program {D Ami-Gang Initiative/Youth Firearms Violence Initiative 7a Community Policing to Combat Domestic Violence t-I Problem-Solving Partnerships rn Regional Community Policing Institutes El Small Communities Gram Program [] CICP [] Other (please specify): [] No [] COPS FAST [] Troops m COPS [~ COPS in Schools [] Police Corps El School-Based Partnerships El Tribal Resources Grant Program [] Technology What is the total number of new officer positions for which you are now applying? Do not include officer positions funded under any other COPS grants. Full-time: 8 Part-time: 0 Total amount of Federal funds requested for aH full-time and part-time officers: $ 1,000,000 Total non-Federal matching funds required (local share): $ 262,480 [To an.~wer th~'e que~tion,v, complete the budget se~'tion for one officer and then mrdtiply by the number of requ~,~ted officers ILlted above.J 1990 Population served as of~ U.S. Census: 132,594 and square miles covered: 2 t025 Note: If numbers from the 2000 U.S. Census are not yet available to you, plea.~e u~e 1990 U.S. Census.figures. [Exclude the population and square miles, primarily served b,v other Law o:forcement agenci,,~' within yom'jurisdiction. For gr. ampl~ deparrrrumts mum exclude population,~ and areas covered by a city police d~,oarlment for which lhe sheriffs department hat no primary en. forcemem authority.] Current budgeted locally-funded sworn force strength as of February- 1, 2001: Full-time officers: 526 Part-time officers: flnclude allstate or It>cd/y-funded offwer position~, budgeted ay of thL~ time. Do not include any COPS-funded officers in this number] Actual locally-funded sworn force strength as of February 1, 2001: Full-time officers: 50~ Part-time officers: 1 ['Do not include state or locdly-f~nded vacancies., COPS-funded position& or reserve posit~on.v..~ COPS hi SchooJs AGENDA ITEM V. l mi'ed SNmtm' I certify that the information provided on this form is true and accurate to the best of my knowledge. ] understand thai prior to any gram award, the applicant must comply with all application and program requirements ofthe Public Safety Parmership and Community ~'PCrid~.g~Act~of 1994 a~l other requirements of Federal law. Law Enforcement Executive's SignatUre: "~ )~'¥~,J~'~ Date: .arch 26, 200]_ Don Hunter, Sheriff . Government Executive's Signature: ~- ~ Date: James D. Carter, Ph. D (xignatur~ ol;~r;~,~me~ o, ,he/m,t of t)~ form) School Offi¢ial'~ Signature: , Date: _ (signature of per, on named under "Partner Jnforman'on" ~' the de~.ignated School R~rpre~entat~ve for thi* grant program and the required training) Dan White, School Superintendent (or his designee for required training) Please return one original and two copies of all application materials that are being submitted with this request for funding. This includes the Communfly Policing Information Worksheet (for first-time COPS applicants), the Budget Information forms, Assurances, Certifications, a written Retention Plan, the Memorandum of Understanding, the COPS in Schools Narrative Information, and any additional information that is required. Completed applications should be sent to: COPS in Schools Control Desk U.S. Department of Justice 1100 Vermont Avenue, NW 8th floor Washington, DC 20530 [For overnight delivery, please use 20005 as the zip code.] Note: Since an original signature is needed :o process all funding requests, faxed copies will NOT be accepted. OMB Approval Number: 1103-0027 COPS m Schools AGENDA ITEM U.S. Department of Justice Office of Communit? Oriented Policing Services Certifications Regarding Lobbying; Debarment, Suspension and Oflx~ Responsibility Matters;. Drug-Free Workplace Requirements Coordination with Affected Agencies; Non-Supplanting; and Retention. A/though the Department of Justice has made every efforl to simplify the application process, other provisions of Federal law require us to seek your certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certi.fica- lion included in the regulations to understand the requirements and whether they apply to a particular applicant_ Signature of this form provides for compliance with certification requirements under 28 CFR Parl 69, "New Restrictions on Lobbying," and 28 CFR Part 67, "Government-wide Debarment and Suspension (Nonpmcuremenl) and Government-wide Requirements for Drug-Free Workplace (Grants)," and the coordination and non-supplanting requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be t~cated as a material representation of fact upon which rel/.ance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and imple- mented at 28 CFR Parl 69, for persons entering imo a grant or coop- erative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for /nflucncing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of ConFess, or an employee ora Member of Congress in connec- tion with the making of any Federal grant: the entering into of any cooperative agreement: and the extension, continuation, renewal, amendment or modification of any Federal grant or cOoperatlve agreement: B. ffany Pands other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to intluence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee ora Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form -- LLL, "Disclosure of Lobbying Activities," in accordance with its instructions: C. The undersigned shall require that the language of this certi- fication be included in the award documents for all subawards at al/ tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recip;ents shall certify, and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Dh'ect Recipient) As required by Executive Order 12549, Debarment and Suspension, and tmplemented al 28 CFR Part 67, for prospective participants in primary covered transactions, as del[ned at 28 CFR Part 67, Section 67.510 -- A. The applicant certifies that it and its principals: (i) Axe not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a den/al of Federal benefits by a state or Federal court, or voluntarily excluded fi.om covered transactions by any Federal department or agency: (U) Have not within a three-year period preceding this applica- tion been convicted of or had a civil judgmera rendered against them for commission of fraud or a criminal offense in connec- tion with obtaining, attempting to obtain, or performing public (Federal, state or local) transaction or contract under a public transaction: violation of Federal or state antitrust statutes or commission of embezzlement, theft, foegery, bribery, falsifica- tion or destruction of records, making false statements, or receiv- ing gtolen property: (ih) Are not presently indicted for or otherwise criminal/>, or civilly charged by a governmental entity (Federal, state or local) with corrmaission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (iv) Have not within a three-year period preceding this appl/ca- lion had one or more public transactions (Federal, state or local) terminated for cause or default; and B. Where the applicant is unable to certify to any of the state- ments in this certification, he or she shall allach an explanation to this application. 3. Drag-Free Workplace (Grantees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 157, Sections 67.615 and 157.1520 -- A. The applicant certifies that it will, or w~ll continue to, provide a drug-free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, posses- sion or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violaUon of such prohibitlon: (ii) Establishing an on-going drug-free awareness pro- gram to inform employees about -- {a) The dangers of drug abuse in A OD (b) The grantee's policy of maintaining a drug-free work- place; (c) Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug-abuse violations occurring in the workplace; (ii/) Making it a requirement that each employee to be engaged In the performance of the grant be given a copy of the statement required by paragraph (i): (iv) Notif2,~ing the employee in the statement required by paragraph (i) that. as a condition of employment under the grant, the employee will -- (a) Abide by the terms of the statement: and (b) Notify the employer in writing of b_is or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such con- viction; (v) Notif3dng the agency, in writing~ within I0 calendar days after receiving notice under subparagraph from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: COPS Office. 1100 Vermont Ave., N~', Washington, DC 20530. Notice shall include the identification number(s) of each affected grant: (vi) Taking one of the following actions, within 30 calen- dar days of receiving notice under subparagraph {iv) with respect to any employee who is so convicted -- (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973. as mnended: or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, state or local health, law enforcement or other appropriate agency: (vii) Making a good faith effort to continue to maintain a drug-free workplace through implementation of para- graphs (i), (ii), (iii), (iv), (v) and (vi). B. The grantee ;nay insert in the space provided below the site(s) for tile performance of work done in connection with the specific grant Place of performance [street address, city, county. state, zip code) Collier County Public Schools (throughout the Count~) Check ~ if there are workplaces on file that are not identified here. Section 67.630 of the regulations provides that a grantee that is a state may elect to make one certifica- tion in each Federal fiscal year, a copy of which should be included with each application for Department of Justlce funding. States and state agen- cies may elect to use OJP Form 4061/7. Check ~1 if the state has elected to complete OJP Form 4061/7. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among oth- ers. the C)~ce of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant cellars that there has been appropriate coordination with all affected agencies. 5. Non- Supplanting The applicant hereby certifies that Federal funds will not be used to replace or supplant state or local funds. or funds supplied by the Bureau of Indian Affairs. that would, in the absence of Federal aid. be made available to or for law enforcement ptwposes. Retention The applicant hereby certifies that it understands that it musl abide by its submitted plan to retain the additional civilian positions and redeployment levels for at least one locally set budget cycle at the conclusion of the grant period. Grantee Name and Address: Collier County Sheriff's Offico, 3301 Tamiami Trail East Bldg.J, Naples, Fl. 34112 Apphcation No. ind/or Project Name' CIS 2001 Grantee IRS/Vendor Number: 596000561 T)~ed t~,pfL~' rcement Execu~ve: Don Hunter, Sheriff ..~,[.: ~ ~ , , · Date: March 26, 2001 ....... ' _ -'~ X .... o ,eu~ut. r-,ec~on$ ot new ot~cials will not relieve the ~ovetm~ body Typed Name and Tltle of Governmem Executive: Ja~es D. Carter~ Ph.D., Chairman, Collier Coun.ty Commission Signature: Date: __ __ AO~FNOA ITEM i 0 2.001 9g._~_ U.S. Department of Justice Office of Community Oriented Policing Services Assurances Several provisions of Federal law and policy apply to ali grant programs. We (the Office of Communily Oriented Policing Services) need to secure your assurance that you (the applicant) will comply with these provisions. If you would like further information about any of the maners on which we seek your assurance, please contacl u.s. By your authorized representative's signature, you assure us and certif?' to us that you will comply with all legal and administrmive requirements that govern the applicant for acceptance and use of Federal grant funds. In particular, you assure us that: 1. You have been legally and officially author/zed by the appro- from participation in, deny the benefits of or employment to pr/ate governing body (for example, mayor or ct%, council) to any person, or subjeel any person to discrimination in counec- apply for this grant and that the persons signing the application don with any programs or activities funded in whole or in pan and these assurances on your behalf are authorized to do so and with Federal funds. These civil rights requirements are found to act on your behalf with respect to any issues that may arise in the non-discrimination provisions of thc Omnibus Crime during processing of this application. Control and Safe Streets Act of 1968, as mended (42 U.S.C. § 2. You will comply with the provisions of Federal law which 3789(d)); Title VI of thc Civil R/ghts Act of 1964, as amended limit certain political activities of your employees whose prin- (42 U.S.C. § 2000d); the Nd/an Civil R/ghls Act (25 U.S.C. §§ cipal employment is in connection with an activity financed in 1301-1303); Section 504 of the Rehabilitation Acl of 1973, as whole or in part with this grant. These restrictions are set forth amended (29 U.S.C. § 794); Title II, Subtitle A of the in 5 U_S.C. { 1501, et seq. Americans with Disabilities Acl (ADA) {42 U.S.C. § 12101, el seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, 3. You will comply with the mmLmum wage and maximum et seq.); and Department of Justice Non-Discrimination hours provisions of the Federal Fair Labor Standards Act, if Regulations contained in Title 28, Paris 35 and 42 (subpans C, they apply to you. D, E and G) of the Code of Federal Regulations. 4. You will establish safeguards, if you have not done so A. in the event that any corm or administrative agency makes already, to prohibit employees from using their posilions for a a finding of discrimination on grounds of race, color, rehgion, purpose that is, or gives the appearance of being, motivaled by national origin, gender, d/sability or age against you after a due a desire for private gain Iht themselves or others, particularly process hearing, you agree to forward a copy of the finding to those with whom they have farrfily, business or other ties. the Office of Civil Rights, Office of Justice Programs, 810 7th 5. You will give thc Department of Justice or the Comptroller Street, NW, Washinglon, DC 20531. General access to and the right to examine records and docu- B. [f you are applying for a grant of $500,000 or more and ments related to the grant. Department regulations {28 CFR 42.301 et seq.) require you to 6. You wi!i comply with all requirements imposed by the submit an Equal OpportuniD, Employment Plan, youwill do so Department of Justice as a cond/tion or administrative require- at the tzme of this application, if you have nol done so in the mcnt of the grant: with the program guidelines: with the past. if you are avplying for a grant of less than $500,000 and requirements of OMB Circulars A-87 {governing cost calcuia- the regulations require you to maintain a Plan on file in your lions) and A-128 or A-133 (governing audits): with the appli- office, you will do so within 120 days of your grant award. cable provisions ofthe Omnibus Crime Control and Safe 9. You will insure that the facilifiesunderyourowncrship, ff~/ Streets Act of 1968, as amended; with 28 CFR Pan 66 lease or supervision which shall be utilized in the accomplish- (Unitbrm Administrative Requirements); with the provisions merit of the project are not listed on thc Envirommental of the current edition of the appropriate COPS grant owner's Protection Agency's (EPA) list of Violating Facilities and that manual: and with all other applicable laws, orders, regulations you will notify us if you are advised by the EPA indicating that or circulars, a facility to be used in this granl is under consideration for list- 7. You will, to the extent practicable and consistent with appli- lng by EPA. cabie law, seek, recruit and hire qualified members of racial 10. If your state has established a review and comment proce- and ethnic minority groups and qualified women in order to dure under Execmive Order 12372 and has selected this pro- further effective law enforcement by increasing their ranks gram for review, you have made this application available for within the sworn positions in your agency, review by the state Single Point of Contact. 8. You wiI1 not, on the ground of race, color, religion, national 11. You will devise a plan to retain the increased hiring level origin, gender, disability or age, unlawfully exclude any person with slate and local funds after the conclusion of your grant. I hereby cer~ h, ~p~e'~ssuranc~es that govern the application and use of Fede, - n Hunte-~7,"Sheriff Date: ]arch 26',-" Date: Pg..~._ Signature: James D. Carter, Ph.D. Chairman, Collier County Commission Donna Fiala Distric~ 1 James D. Carter, Ph.D. District 2 Tom Henning District 3 Pamela S. Mac'Kie District 4 Jim Coletta District 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097- Fax (941) 774-3602 COLLIER COUNTY SHERIFF'S OFFICE COPS GRANTS RETENTION PLAN James D. Carter, Ph.D. , Chairman Ccl=z~r County Commission sril ~ r 200! The Collier County Sheriff's Office commits to retain the COPS-funded officer positions for one full local set budget cycle following the conclusion of federal funding. The Collier County Sheriff's Office (CCSO) assumes a progressively larger share of an officer's salary and fringe benefits each year over the three years of the COPS /ZHEA~D, COPS UNIVERSAL, and COPS in Schools grants, leading to full-time retention of the officer at the conclusion of the grant. CCSO has assurances from the local Board of County Commissioners that officers will be retained. Executive summaries are submitted by the CCSO to the Board of County Commissioners requesting increases in the nunlber of CCSO budgeted positions on COPS A~HEAD, COPS ~$IVERSAL Hiring, COPS TO COMBAT DOMESTIC VIOLENCE PROGR~, and COPS in Schools grants. The Board has approved all requests for current and subsequent year budget increases. New recruits were not hired under the COPS MORE '95, COPS MORE '96, and COPS MORE '98 ~ ...... as funding certified officers was unal!cwable under these programs. ~ny full-time equiva'encies (FTEs) as a result of the COPS MORE grants are by currently employed Deputies. When COPS grant project and program periods are over, the CCSO will continue tc fund the ccsts of maintaining, upgrading and/or replacing grant funded equipment/technology in order tc support community policing as effectively as possible. CTSC has a very aggressive and successful grant research program that has resulted in continued funding of many grant projects. It is the Sheriff's Office intention to proceed wi~k this method to fund additional agency positions and maintain and procure technc!ogy/equipment enhancements and upgrades of currently funded grant programs. Federal funding will he pursued. Non-federal funding sources such as state grants, additional law enfcrcemen5 funding from private sources, includzng corporate, nonprofit and foundation dona5ions and grants will be sought. Should the referenced funds not be available, sclici5aticn of funds from the confiscated trust funds will be sought. Should any of these funds no~ be provided, COPS positions and costs of maintaining COPS programs will be included in applicable fiscal year CCSO operating budgets. Activities will continue on current grants after grant funds end. With experience, planned training, maintenance and enhancements, activities should even increase after a grant period ends because cf familiarity of the project programs and advancements and speed associated with technology. Don Hun~er, Sh~%iff March 26, 200~ AGENDA ITEM NO '* ¢' EXECUTIVE SUMMARY THE FINANCE AND ACCOUNTING DEPARTMENT SEEKS AUTHORIZATION FROM THE BOARD OF COUNTY COMMISSIONERS TO FILE THE STATE OF FLORIDA ANNUAL LOCAL GOVERNMENT FINANCIAL REPORT FOR THE FISCAL YEAR 1999-2000 AS REQUIRED BY FLORIDA STATUTE 218.32. OBJECTIVE: To receive approval, including the execution of the Certification by the Chairman of the Board of County Commissioners, to file the State of Florida Annual _Local Government Financial Report for the fiscal year 1999-2000 as required by Florida Statute 218.32. CONSIDERATIONS: As part of the annual audit, the Finance and Accounting Department is responsible for completing and filing all statutorily mandated reports. Included in these reports is the Department of Banking and Finance State of Florida Annual Local Government Financial Report. This report documents the revenues and expenditures for a given fiscal cycle in accordance with the State of Florida Uniform Accounting System. The report has been reviewed by the external auditors and found to be in agreement with the Comprehensive Annual' Financial Report presented to the Board of County Commissioners on February. 27, 2001. FISCAL IMPACT: None. RECOMMENDATION: That the B.oard of County Commissioners authorize the Finance and Accounting Department to file the aforementioned report, in executed form, with the Department of' Banking and Finance. ~J)erek M. John~sen, CPA · '~ General Accounting Manager Reviewed By: ~,~ .~ ~ ~g.j~es L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Date: Date: A~E'N.DA ITEM No' i /~ ~ ~ APR 10 2001 Pg._ / 11 0 0 0 "0 1~ Ill N ~ AGENDA ITEM APR 10 2001 Pg,. ~ DEPENDENT DISTRICT REPORTING - AUDIT COMPLIANCE Thc special district(s) listed below as~ identified by the ~ent of Community Affain as dependent on your county. With rcfe~nce to S~tion 218.34 (2), Florida Statutes, plea~ indictato whcthe~ thc pmpo~d budgct of thc dependent district ha~ b~n contained and identified within your genea~l budget or budgeted sepamtoly. 0011 Dependent Distrk~s of Collier County 0538 Collier County Aitpoa Amhority 0539 Collier County Heal~ Facilities Authority 0540 Collie~ County Housing Finan~ Au~ 3541 Collier County Industrial Development Auth 3542 Collier County Water-Sew~ DL,otrivt )543 Marco Wate~ amd Sm~er District Manner in Which Budgeted Contained and identified within general budget of governing body X Budgeted Separately X X X X Goodland Water District Collier County Educational Facilities Authority X Considered a Discretely Reported Component Unit. The Authority has no assets, liabilities or equity and has not generated any revenues nor incurred any expenditures. Therefore, no financial positions'or results of operations are reported in the accompanying financial statements. I hereby certify that those dependent districts which arc budgeted separately, have complied with the legally mandated audit requirements pursuant to Section 11.45 (3) (a) 4, Florida Statutes for thc fiscal year ended 2000. Signature Date Director of Finance and Accounting Title AGENDA ay, December 05, 2000 ' - EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETTLEMENT IN BONITA GRANDE SAND COMPANY v. COLLIER COUNTY, FLORIDA, CASE NO. 00-2081-CA, NOW PENDING IN THE TWENTIETH JUDICAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, PURSUANT TO WHICH THE COUNTY WOULD PAY $10,000 AND CONVEY TO BONITA GRANDE SAND COMPANY TITLE TO THE SAND CURRENTLY BEING STORED AT BONITA GRANDE SAND AND ALI, CLAIMS AGAINST THE COUNTY WOULD BE DISMISSED WITH PREJUDICE. SAID SETTLEMENT WAS ARRIVED AT DURING SETTLEMENT NEGOTIATIONS. OBJECTIVE: That the Board of County Commissioners approve the settlement in Bonita Grande Sand Company v. Collier County, Case No. 00-2081-CA, now pending in the Twentieth Judicial Circuit, in and for Collier County, Florida, pursuant to which the County would pay $10,000 and all claims against the County would be dismissed with prejudice. Said settlement was arrived at during settlement negotiations. CONSIDERATIONS: Plaintiff sued Defendant in two counts. One count alleges that Defendant owes Plaintiff a stockpiling annual rental for two years in the amount of $73,000.00 for stockpiling of beach sand. Defendant County feels that, at most, there may be $36,500.00 due and owing Plaintiff for the beach sand (Stated here without prejudice). Plaintiff's other count alleges that there is the sum of $69,896.74 due and owing for sand produced by Plaintiff as the result of a contract entered into on December 8, 1999, between Plaintiff and Defendant. Plaintiff also claims lost profits in the amount of $59,472.00 for the remaining 50,000 cubic yards of sand that the Defendant has refused to accept. Defendant's position is that the Plaintiff produced a substantial amount of non-specification sand that could not be used and that the Plaintiff could not produce the quantity necessary in accordance with the contract. Bringing this matter to trial, along with the associated costs involved, is such that a proposed settlement of $10,000.00 for both the delivered sand and storage fees, along with allowing Plaintiff to keep the sand currently stored at Plaintiff's site is the most cost-effective way to resolve this matter. Of course, said settlement is subject to Board approval. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: Funds in the amount of $240,000.00 are currently appropriated in account number 195-110406-634999-10252 and are available for this purpose. The source of funds is the Tourist Development Tax. The settlement will result in a substantial savings of future litigation costs, as well as the probability of a higher jury award (Said statement is without prejudice). - AGENDA APR 10 2001 RECOMMENDATIONS: That the Board of County Commissioners approve a settlement with the principal terms set forth in this Executive Summary and authorize the Chairman of the Board of County Commissioners to execute all necessary settlement documents. Prepared by: William E. Mountford Assistant County Attorney Date: Reviewed and Approved by: 15avid C. Weige~Count~ttorney Reviewed and Approved by: "Jim Mudd, Administrator Public Utilities Division Date: Date: Reviewed and Approved by: Harry Huber, Project Manager Public Utilities Division Date: /. ¥. o; H:Open Cases/Bonita Grand/Executive Summary EXECUTIVE SUMMARY AMEND ORDINANCE 97-48 TO INCREASE THE TAPPING FEE FOR POTABLE WATER METERS WITH SERVICE LINE INSTALLATIONS AND TO ADD A TAPPING FEE FOR POTABLE WATER METERS WITHOUT SERVICE LINE INSTALLATIONS OBJECTIVE: That the Board of County Commissioners amend Ordinance 97-48 to increase the meter tapping charge for installing potable water meters that include service line installation by the County and to implement a fee for potable water meters with service lines installed by the owner/builder. CONSIDERATION: In the adoption of the Fiscal Year 2000-2001 budget, the Board of County Commissioners approved the implementation of a radio read water meter program. In January, 2001, the Board accepted and awarded bids for radio read meters. Collier County utility ordinances require that actual direct costs associated with "Tapping" into the County's water distribution system be paid by the customer who will receive the service. "Tapping" costs consist of actual material, labor and equipment costs spent or consumed by County staff in the process of hooking up a customer to the water system. The "Tapping" costs were last increased to customers on September 26, 1997. The increase in "Tapping" costs includes an increase for the cost of the meters and other materials (pvc pipe; collars; meter box; etc.) as well as an incremental increase in labor and capital equipment charges. The second part of the requested change is a housekeeping item as well as an equitable approach to situations wherein the owner/builder provides the material, labor and equipment to install the service line from the water distribution system to the meter (installed by County staff). Service lines installed by owner/builder become County assets after inspection and acceptance. Costs associated with service line installation by the owner/builder have been removed from the "Tapping" fee charge. The radio read technology program and implementation plan has been reviewed and approved by both the Utility Standards-Subcommittee and the Development Services Advisory Committee. FISCAL IMPACT: The adopted budget for Fiscal 2000-2001 includes a $400,000 appropriation for "Tapping" costs associated with radio read meters. This appropriation will be reimbursed by the payment of meter "Tapping" charges by the ownm GROWTH MANAGEMENT IMPACT: There is no growth managemenl impact. API 10 1001 RECOMMENDATION: Recommend adoption and direction for the Chairman to sign this modification of Ordinance 97-48 to increase the fee for meter tapping charges for potable water meters with service line installations and to add a new fee for meter tapping charges for potable water meters without service line installations SUBMITTED BY: APPROVED BY: ~ol-m A. Yo~Director ~.; U.tiljty Billing and Customer Service fffi'mes V. Mud& Administrator Public Utilities Division JAY:pc Attachment: Numbered ordinance modification 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 .53 54 55 56 57 58 59 60 61 62 ORDINANCE NO. 2001 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING SUBSECTION 3.3(A)(1) OF ORDINANCE NO, 97-48, AS AMENDED, TO INCREASE METER TAPPING CHARGES FOR POTABLE WATER METERS THAT INCLUDE SERVICE LINE INSTALLATIONS AND TO ADD TO THE FEES SCHEDULE NEW RATES FOR METER INSTALLATIONS THAT DO NOT INCLUDE SERVICE LINE INSTALLATIONS; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, the County's costs associated with installations of water meters for potable water have increased, including with regard to radio wave meters; and WHEREAS, Staff has recommended to the Board that the fees for installation of water meters for potable water meters that include service line installations be increased and that new fees be added to the fee schedule for installations of potable water meters that do not include service line installations; and WHEREAS, the Board accepts Staff's recommendations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. AMENDMENTS TO PARAGRAPH (A)(1) OF SECTION 3.3 IN ARTICLE VI OF ORDINANCE NO. 97-48, AS AMENDED. (CODIFIED AS SUBSECTION (A)(1)IN SECTION 134-173). Paragraph (a)(1) in Section 3.3 in Article VI of Ordinance No. 97-48, as amended, is hereby amended to read as follows: (a) Meter installation charges to be paid to the district shall be as follows: (1) Meter size meter tapping charges: SIZE Meter Tapping Charge With Service Line Installation Meter TapDincJ Char_cie Without Service Line Installation $302.00 %". ...... $148.00 1". ....... $246.00 1½". .... $449.00 1" ~nn nn $602.00 1½"....,vvv.~v~nn nn $809.00 2". ..... $600.00 $861.00 2". ....... $494.00 The fees in this subsection are based upon meter installation for a typical single- family residential street. In all other circumstances, the meter installation fee shall be based upon the district's actual cost for time and materials. SECTION TWO. 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 this 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 portions. Underlined text is added; Struck-through text is deleted. APR I 0 2001 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be effective upon receipt by the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk day of ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman Approved as to form And legal sufficiency Thomas C. Palmer,' Assistant County Attorney Sheet 1 of 2 VAC 00-023 EXECUTIVE SUMMARY PETITION VAC 00-023 TO DISCLAIM, RENOUNCE AND VACATE ANY AND ALL OF THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 12' WIDE BAY COLONY SHORES DRAINAGE EASEMENT AND THE 10' WIDE UTILITY EASEMENT ALONG THE LOT LINE COMMON TO SITES 10 AND 11 AND THE 12' WIDE BAY COLONY SHORES DRAINAGE EASEMENT ON TRACT "A" CONTIGUOUS TO SITES 10 AND 11, AS DEPICTED ON TI-IE PLAT OF "PELICAN BAY UNIT TEN" AS RECORDED IN PLAT BOOK 15, PAGES 64 THROUGH 67, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate the above-described 12' wide Bay Colony Shores Drainage Easements and the 10' wide Utility Easement. CONSIDERATIONS: Petition VAC 00-023 has been received by the Planning Services Department from Douglas A. Lewis, Esq., of Roetzel & Andress, P.A. as agent for the petitioners, Oren G. Shaffer and Evelyne Shaffer, requesting the vacation of the above-described easements to accommodate the existing residential dwelling. Letters of no objection have been received from all pertinent agencies. Zoning is PUD. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioners which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: APR 10 200! Sheet 2 of 2 VAC 00-023 1. Adopt the Resolution for Petition VAC 00-023 for the vacation of the above-described 12' wide Bay Colony Shores Drainage Easements and the 10' wide Utility Easement; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records: and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: REVIEWED BY: Rick Grigg, P.S.M. Planning Services Thomas E. Kuck, P.E. Engineering Review Manager DATE: DATE: REVIEWED BY: ~'- Robert Mulhere, Planning Services Department Director DATE: APPROVED BYJohn/]~l.: Dunnuck, III, Interim Administ a Com~hunity Development & Environmental Services DATE: APR 10 2001 PI. /I ~XT ~A ~ ~ ~'IE~T2OF 4 VAC 00 - 023 F.W. 'BILl.' ROW~' ~ DE3'~NIS M. I='OIRI'E3.LA SR. ~ PORTELLA-I~OWE ASSOCIATES, INC. 231~4 UNWOOD AV~- N~ ~IDA ~ ~AX j~la.]:]]~ ~A# SHEET I OF 4 VAC 00 - 023 MA{{.{NO P.O. BOX 1OO6-~ NAPLES. F1.ORIDA 34101 DESCRIPTION OF EASEMENT TO BE VACATED: Exhib[t B: Descrii~tion of part of Lots 10 and 11 AND part of Tract "A' of Pelican Bay Unit Ten as recorded in. Plot Book 15, pages 64-67 of the Public Records of Collier County Florida. All that part of Lots 10 and 11 AND part of Tract "A" of Pelican Bay Unit Ten according to the plat thereof as recorded in Plat Book 15, pages 64-67, of the Public Records of Collier County, Florida being more particularly described as follows: BEGINNING at the northeast corner of said Lot 10; thence along the easterty line of said Lot 10, Southeasterly 6.00 feet along the arc of a circular curve concave to the southwest, through a central angle of 1'-55'-57" having a radius of 17.3.96 feet and being subtended by a chord which bears South 64'-16'-42" East 6.00 feet: Thence leaving said line, South 27'-04'-05" West 155.07 fee'. to the westerly tine of said Lot 10; thence continue South 27'-04'-05" West 66.00 feet into saici Tract"A"; thence North 62'-55'-55" West 12.00 feet; thence North 27'-04'-05" East 68.14 feet to the westerly line of said Lot 11; thence continue North 27'-04'-05" East 152.44 feet to a point on the easterly line of said Lot 11; thence along said line, southeasterly 6.01 feet along the arc of a non-tangential circular curve concave to the southwest, through a central angle of 1'-5B'-47" having a radius of 17.3.96 feet and being subtended by a chord which bears South 66'-15'-23" East 6.01 feet to the Point of Beginning of the parcel herein described; subject to easements and restrictions of record: bearings are assumed and based on the northwesterly line of said Lot 10, being North 27'-04'-05" East: containing 2651 square feet more or less. F.W. Rowe PLS ~ VEMBER 8, 2000 Not valid unless signed and sealed with embossed seal. APR 10 200l 64 SHEET 4 OF 4 VAC 00 - 023 ILl z APR 10 200l ~., ~ F'.W. '~ILL' ROWF- PI-=: DENNIS 14. I::~)RTEI.LA SR. Pt.S PORTELLA-ROWE ASSOCIATES. INC. ~4 LINW~ A~ NA~ ~ORIDA ~2 FAX 941-~ ~ ~,A~4 ~'~,{EET 3 OF 4 VAC 00 - 023 MAILING ADDRESS: P.O. BOX 10065 NAPLES. F.LORIDA 34101 DESCRIPTION OF EASEMENT TO BE VACATED: A ten foot utility eosement lying five feet eocin side of the common side lot line of SITE 10 ond SITE 11 of Pelicon Boy Unit Ten. os recorded in Plot Book 15, poges 64-67 of the Public Records of Collier County, Florido. F.W. Rowe PLS · NOVEMBER 8, 2000 Not volid unless signed ond seoled with embossed seol. APR 10 200! Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ITrans Number 236170 ROETZEL ANDRESS VAC -00-023 IDate 12/04/2000 8:15:59 AM PostDate I Payment Slip Nbr 12/04/2000 MS 79147 Payor' ROETZEL AND ANDRESS Fee Information Fee Code Description I GL Account 12TRVC i REV ACCT/VAC EASEMENT-ROW 10116361032910000000 Amount I Waived $1000.00 I $1oo0.o0 j Total Payments iPayment Code I Account/Check Number Amountt CHECK t5646 $;1000.00 Memo: CHECK NO. 5646 Total Cash [ $0.00 I Total Non-Cash I $1000.00 l Total Paid I $1000.00 ! Cashier/location: GARRE'I-F_S / 1 User: SPANGLER T Collier County Board of County CommiSsioners CD-Plus for Windows 95/NT APR 1 0 2001 Date Received: PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Petition #: k/~:7~ OC~ o ~ Petitioner: Address: City/State: Agent: Address: City/State: Oten G. Shaffer and Evelyne Shaffer 7331 Tilden Lane Naples, Florida Roetzel & Andress. a Leeal Professional Association 850 Park Shore Dr., Trianon Centre-Third Floor Naples, Florida Address of Subject Property: Location: Section 33 Township 48-S Legal Description: Reason for Request: Current Zoning: Telephone: Zip Code: Telephone: Zip Code: 597-6879 34108 7331 Tilden Lane, Naples, Florida 34108 Range 25-E Subdivision: Lot 10&Il Block N/A Unit 10 Plat Book 15 VaCation of Platted Drainage and Utility Easeanent PUD Does it affect density7 No 649-6200 34103 Pelican Bay Page(s) 64-67 I hereby authonze Agent above to represent me for this petition: Signature of Petition~}¥- Oxen G. Shaffer Print Name Signature of ~e-ti-ti~er~''-'' Yes APR 10 2001 -V1 No Date (Title) Date Evelyne Shaffer Print Name (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Developn~ent & Environmental Services Division Planning Services Depmtment 2800 North Horseshoe Dr. Naples, Florida 34104 (1) If applicant is a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation other than a public corporation, indicat{ major stockholders. (3) If applicant is a partnership, limited parmership or other business e~ principals. PS._ ~ (4) List all other owners. · *** OR: 2683 PG: 2334 Site 12 md o ~ of Site 11. P~ ~y Unit TM. ~ ~d~ ~ ~at 9~ 15. P~S 64 12~1'~' Ea,t ~20.22 f~t to the ~mt~y c~ of N~h ~'20' lest ~.~ feet to c~ of ~id Site 11 ~d the P~t of ~n~g. D~t~ of p~t~f ~t, ~0 ~d 11 D p~t of Trot A of Pd~ ~y Unit T~. that ~t of Lot~ I0 ~d II ~O ~t of Trot "A' al P~ Boy Unit T~ ~c~g to the ~ING at the ~t ~ of 6.~ f~t ~g ~e ~ of o c~l~ ~ ~co~ to the ~th~,t. thr~ a cmtr~ m~e of 1~'-3~ ho~g ~z of 173.96 f~t ~d ~ ~btm~ by to t~ ~t~y I~e of ~ ~t 10; · bearings are o~urned and bm,~l cm. ~e narthw~t~:ly llne of ~oid Lot 10. b~i~] North 27'-04'-05' E/oat: , t c°ntok~9 2651 z<tuote feel m(xe ot less. / I I APR 10 2001 A ~ iterlr, Shoro Ih'~e ~ ~entm, TMrd lqoe- · . ,0 )q.,plee. Pq. 241n3 h,dm~ 666743?$?0? Warranty Deed Tldsbdmmrt, Md,:,--- ~'" dye( Juno ,2000 A2~,Between 'rhino L.NoehAu and J~:)& X. Nooh&n, huabind and ed' ts emmq, d Hennepin t mm er M;Lnnooota , jruitors, md di,4dm, b: 7332. Ti3.cbn Lane, Hii:Gos, FL 34X00 er k 0m~ ~ CoXX:L~r , sm, ~ lfXor:Lcla ,8rutem. ~ EmtIoOI~kudk ~ .... d*ttommer r. jdiL ~ md add U kiM (IAk si d OIA.~ kakn, l gui gdlm meI IdknMIE dmal~ bid. Il Iitm X0 and IXt. o 'tX, ],Hfs Exhibit: **aw attached horoto, piu8 nB'* u~:~uohed hmreto, PtL.XCAM BAY ~MXT TEM, &oooz'd.tng ~o the ~.horoor of' rooord 4n PX&~. Book XS, P&g~n 64 'c. hz. ough ~?, o~' 'ohm PubX:L~ Roaoz~b o~ Coliler County, rloz4cla. Iny, and ~ aunt: to I APR 10 2001 I!I iv.! APR 1 0 2001 V VVVV vvv vvv v ',./v v v SITE 1 1 VV ~/V vvv vvv vvvv ,/vvv TRACT "A " LAKE SITE 10 / / SITE 9 APR 1 0 2001 1 I I t'J~¥t ' ]Al~fl ~,tlll~ I I II I Ill~ I[ I~1 ~11 I11t lit · ,~ I~l~t~ Nil I~ ~, t~llt~lliil!]l!lllll APR 10 2001 Mr. John R. Houldsworth September 1, 2000 Page 2 Collier County Engineering and Review Services has no objection to the proposed vacation. ACKNOWLEDGED AND AGREED TO: Collier County Engineering and Review Services Title: ~le-~x o~.. ~.~ ~, ~,~_~ ~:~ ~2_ Dated: C~.. I- O0 APR 10 2001 n. 17 Ms. Ann Marie Saylor September 1, 2000 Page 2 Collier County Public Utilities Administration has no objection to the proposed vacation. ACKNOWLEDGED AND AGREED TO: Collier County Public Utilities Administration Name: '~ b~,(L~. /'~/' Ot.,grO Title: ~o-9._ 4,.,v~o-.r~ ~te~ee___ Dated: 9 "'/'~'~ APR 1 0 2001 Sprint Box 246t) ~apl~. Flori&~ 34106-246q September i 9, 2000 Mr. Douglas A. Lewis Roetzel & Andress 850 Park Shore Drive Trianon Centre - Third Floor Naples, Florida 34103 Re: Release of Utility Easement - Site 10 and a portion of Site 11 of Pelican Bay, Unit I0 Dear Mr. Lewis: In response to your inquiry of August 31, 2000, regarding the abandonment of the subject dedicated easement, this is to advise that Sprint-Florida, Inc. has no objection to the abandonment of said easement. If we can provide additional information, please contact me at 263-6293. Sincerely, Network Engineer II - E&C LCN/jw APR 1 0 2001 n. lq -- Mr. Ed Kant September 1, 2000 Page 2 Collier County Transportation Services Depmtment has no objection to the proposed vacation. ACKNOWLEDGED AND AGREED TO: Collier~;ransl~O_ rta?o~ '/s Depar~unent Title: 7~.$~'. ~f[~ ~;~]~ - - APR 10 2001 Mr. Jim Ward September 1, 2000 Page 2 Pelican Bay Services has no objection to the proposed vacation. ACKNOWLEDGED AND AGREED TO: Pelican Bay Services Name: _,Zlam6s- P: Waf'd Title: DEpartment Director. Pelican Dam& September 14, 2000 Bay Services D~v~s~on APR 1 0 2001 Mr. Will Putt August 31, 2000 Page 2 Media One has no objection to the proposed vacation. ACKNOWL~'TJGED AND AGRF.~D TO: ~IA ONE APR I 0 2001 LIST OF ALL ABUTING AND OTI~R PROPERTY OWNERS WITHIN 250 FEET OF Ti~ PROPOSED VACATION Ralph E. and Bettye J. Bailey 695 Mare Street Stamford, CT 06901 Folio No: 66674375558 Site 7 of Pelican Bay, Unit 10 Marshall & Ilsley Trust Company 800 Laurel Oak Drive, Suite 101 Naples, FL 34108 Folio No: 66674375600 Site 8 of Pelican Bay, Unit 10 Marshall & Ilsley Trust Company 800 Laurel Oak Drive, Suite 101 Naples, FL 34108 Folio No: 66674375655 Site 9 of Pelican Bay, Unit 10 Thomas M. and Anne C. Wamser 1985 Kathlynn Court Brookfield, WI 53045 Folio No: 66674375804 Site 12 of Pelican Bay, Unit 10 Michael R. and Robin Lee Mueller 7334 Tilden Lane Naples, FL 34108 Folio No: 66674375859 Site 13 of Pelican Bay, Unit 10 Beth H. Goldsmith 7326 Tilden Lane Naples, FL 34108 Folio No: 66674375901 Site 14 of Pelican Bay, Unit 10 326371_I APR i 0 2001 APR 1 0 2001 I 2 3 4 5 6 7 9 10 11 12 13 14 RE. SOLUTION NO. 2001- RESOLUTION FOR PETITION VAC 00-023 TO DISCLAIM, RENOUNCE AND VACATE ANY AND ALL OF THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE 12' WIDE BAY COLONY SHORES DRAINAGE EASEMENT AND THE 10' WIDE UTILITY EASEIVIENT ALONG THE LOT LINE COMMON TO SITES 10 AND I 1 AND THE 12' WIDE BAY COLONY SHORES DRAINAGE EASEMENT ON TRACT "A" CONTIGUOUS TO SITES 10 AND 1 I, AS DEPICTED ON THE PLAT OF ~PELICAN BAY UNIT TEN" AS RECORDED IN PLAT BOOK 15, PAGES 64 THROUGH 67, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 33, TOWNSHIP 49 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Douglas A. Lewis, Esq., ofRoetzel & Andress, 15 P'A' as agont f°r the petitioners, Ohm G. Shaffer and Evelyne Slu~'cr, dees he~ ~ O~ vacation of the 12, 16 wide BaY C°l°ny Sh°res Drainage Easemem and th~ 10' wide Utility Easement along the 1o~ line conunon m Sites 17 10 and 11, and the ! 2' wide BaY CohinY Shores l~ninn~ Easement on Trac~ ~A- contiguous to Sites 10 and 1 i, as 18 depicted on the plat of ~Peiican Bay Unit Ten, as ~cor~ed in Plat Book 15, Pages 64 throngh 67, Public Record~ 19 of Collier County, Florida, located in Section 33, Township 49 South, Range 25 East; and 20 WHEREAS, the Board has this day held a public hearing to consider vacating said 12' wide Bay Colony Shores 2] Drainage Easement nnd said 10' wide Utility Ease~nent along the lot line conunon to Sites 10 and i i, and said 12, 22 wide Bay Colony Shores Drainage Easement on Tra~ WA" contiguous to Si~ 10 and 11, as more fully described 23 below, and notice of said public hearing to vacate was given as required by law; and 24 WHEREAS, the g~mling of the vacation will not adverseJy affec~ the ownership or fight of convenient access of 25 other proper~ owners. 26 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COIVflVHSSIONERS OF COLLIER 27 COUNTY, FLORIDA, that the following be and is hereby vacated: 28 See F-.xhibit "A' attached he. to nnd incorporated herein. 29 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby di~! to record a certified copy 30 of this Resolution in the Official Records of Collier Count, Florida, nnd to make proper notation of ~is vnc~ion 31 on the recorded plat as referenced above. 32 This Resolulion ndopled after motion, second nnd majoriF vote favoring same. 33 34 DATED: 35 ATTEST: 36 DWIGHT E. BROCK, Clerk 37 38 39 Deputy Clerk 40 41 42 43 44 _~o~orm and legal 45 46 47 48 Patnck G. White, Esq. 49 Assistant Coumy Attorney BOARD OF COUNTY COM]V~SSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D., Chairman APR 1 0 2001 She¢! I of 2 VAC 01-001 EXECUTIVE SUMMARY PETITION VAC 01-001 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND TIlE PUBLIC'S INTEREST IN THE 10' WIDE UTILITY AND DRAINAGE EASEMENT LOCATED ALONG THE LOT LINE COMMON TO LOTS 23 AND 24, TRACT 5, ACCORDING TO THE PLAT OF "OLDIE CYPRESS, UNIT THREE" AS RECORDED IN PLAT BOOK 32, PAGES 84 THROUGH 86, PUBLIC RECORDS OF COLLIER COU~NTY, FLORIDA, AND TO ACCEPT A RELOCATED 10' WIDE UTILITY AND DRAINAGE EASEMENT ON SAID LOTS 23 AND 24. LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate the 10' wide Utility and Drainage Easement on Lots 23 and 24, Tract 5, and to accept a relocated 10' wide Utility and Drainage Easement on said Lots 23 and 24. CONSIDERATIONS: Petition VAC 01-001 has been received by the Planning Services Department from Douglas A. Lewis, Esq., of Roetzel & Andress, as agent for the petitioners, Mark M. Savino and Cynthia A. Savino, requesting the vacation of the 10' wide Utility and Drainage Easement located along the lot line common to Lots 23 and 24, Tract 5, according to the plat of "Olde Cypress, Unit Three" as recorded in Plat Book 32, Pages 84 through 86 so that the residential building on Lot 23 will not be located in the easement. They are also requesting that the County accept a relocated 10' wide Utility and Drainage Easement on said Lots 23 and 24. A "Lot Line Adjustment" has been previously approved and recorded for the lot line common to these two lots. All requisite letters of no objection have been received. Zoning is PUD. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None AP~ 10 2001 o Sheel 2 of 2 VAC 01-001 PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition VAC 01-001 for the vacation of the 10' wide Utility and Drainage Easement and to accept the relocated 10' wide Utility and Drainage Easement as described herein; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. P REP.~J~ED BY: Rick Grigg, P.S.M. Planning Services DATE: REVIEWED BY: Thomas E. Kuck, P.E. E~ineering Review Manager I~ull~ere, AI'~ - Planning Services Department Director DATE: APPROVED BY: Joh,njM. Dunnuck, III, Interim Administrator Community Development & Environmental Services DATE: fi,/2 ? ~ APR 10 2001 vacation on thc recorded plat as referenced above. 1 RESOLUTION NO. 2001- 2 3 RESOLUTION FOR PETITION VAC 01-001 TO DISCLAIM, RENOUNCE AND 4 VACATE THE COUNTY'S A.ND THE PUBLIC'S [I~,rI'E~T [lq ~ 10' WIDE 5 UTILITY AND DRAINAGE EASE~ LOCATED ALONG THE LOT LINE 6 COMMON TO LOTS 23 AND 24, TRACT 5, ACCORDING TO THE PLAT OF 7 "OLDE CYPRESS, UNIT THREE" AS RECORDED IN PLAT BOOK 32, PAGES 8 84 THROUGH 86, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND 9 TO ACCEPT A RELOCATED 10' WIDE UTILITY AND DRAINAGE 10 EASEMENT ON SAID LOTS 23 AND 24. LOCATED IN SECTION 21, 11 TOWNSI-ffP 48 SOUTH, RANGE 26 EAST. 12 13 14 WHEREAS, pursuant to Section 177.101, Florida S~, Dougln~ A. Lewis, Esq., of Roet.~l 15 Andress, as agent for the petitioners, Mark M. Savino and Cynthia A. Savino, does hereby request the 16 vacation of the 10' wide Utility and Drainage Easement located along the lot line common to Lots 23 and 24, 17 Tract 5, according to the plat of "Olde Cypress, Unit Three" as recorded in Plat Book 32, Pages 84 through 18 86, Public Records of Collier County, Florida, and to accept a relocated 10' wids Utility and Drainage 19 Ease~nen! on said Lots 23 and 24; and 20 WHEREAS, th~ Board has this day held a public hearing to comider v~_caf~g the 10' wide Uffiity and 21 Drainage Easement located along the lot lira common to Lots 23 and 24, Tract 5, as more fully described 22 below, and notice of said public hearing to vacate was given as r~ltm'ed by law; and 23 WHEREAS, the granting of the vacation will not adversely affect tim ownership or right ofconvmient 24 access of other prope~ owners. 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 26 OF COLLIER COUNTY, FLORIDA, that the following be and is hereby 27 Sm Extfibit "A" attached h~reto and incorporated herein. 28 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 29 COLLIER COUNTY, FLORIDA, that tbe 10' wide Utility and Drainage Easeanent, more particularly 30 described in Exhibit "B" ~ched hex~ and incorporated lmrein, is hereby accepted as a relocated easement 31 for the 10' wide Utility and Drainage Easement vacauxl herein. 32 BE IT FURTHER RESOLVED, that ttu: Clerk to the Board is hereby directed to record a certifu:d 33 copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this 34 APR {O 2001 35 This Resolution is adopted this 36 and majority vot~ favoring same. 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal Paffick G. White, q. Assistant County Attorney day of 2001, afar motion, so~ond BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D., Chainuan APR 10 2001 941 P.~2 I ! ! Il ,~ J I I I I I .,, I EXHIBIT "A" SHEET I OF 1 VAC 01-001 _.__.....~.~_g..2_~X--.~_I'IOH e3:e4 fl'il A. !, 941, ~94e~54 p. B3 0 EXHIBIT "B" SHEET I OF 1 VAC 01 - 001 iTEM APR10 2001 Date Received: PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Petition #: V'~::?~_.. O ! - ~O I Petitioner: Address: City/State: Agent: Address: City/State: Mark M. Savino and Cynthia A. Savino 9711 Meadowmere Drive Vienna, VA Roetzel & Andress, a Legal Professional Association 850 Park Shore Dr., Trianon Centre-Third Floor Naples, Florida Telephone: 703-255-2212 Zip Code: 22180 Telephone: 649-6200 Zip Code: 34103 Address of Subject Property: Location: Section Legal Description: Reason for Request: Current Zoning: 2956 Lone Pine Lane, Naples, Florida 34119 ~.__/ Township 4~ Range ~ Subdivision: Olde Cypress Lots 23&24 Tract _5 Unit 3_ Plat Book 32 Page(s) 84-86 Vacation and Relocation of Platted Drainage and Utility Easement PUD Does it affect density?. No I hereby guthorjze Agent above _t__g represegd me S ' gnaturefitf Petitioner/~ ~ark M. Savino Print Name Signature otqSetitioner Cynthia A. Savino Print Name for this petition: Yes UI No ~l~ate (Title) Date (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the major stockholders. If applicant is a partnership, limited parmership or other business entity, principals. List all other owners. APR 10 2001 Official Receipt- CDPR1103 o Official Receipt Collier County Board of County Commissioners Trans Number !Date 240476 i 01/03/2001 8:55:58 AM Post Date 01/03/2001 iPayment Slip Nbr MS 80213 TITAN CUSTOM HOMES, INC. VAC-01-001 Payor'TITAN HOMES Fee Information Fee Code Description 12TRVC REV ACCT/VAC EASEMENT-ROW GL Account 10116361032910000000 Amount]Waived $1000.00 ' Total $1000.001 Payments ]Payment Code [ CHECK i 11566 i Account/Check Number Amount $1000.00 Total Cash $0.00 Total Non-Cash $1000.00 Total Paid $1000.00 Memo: check no. 11566 Cashier/location: FROLOFF_E / 1 User: SPANGLER_T Collier County Board of County Commissioners CD-Plus for Windows 95/NT ~o.._L_~( APR 10 2001 This instrument prepared by and after recording return to: / Leo J. Salvatori. Esq. Quarles & Brady, LLP 4501 Tamiami Trail North. Suite 300 Naples, Florida 34103 2636§70 OR: 2676 PG: 1764 LICOLDID ~ O~IIClAL Itl¢O~ O[ COU, II! 05117/2000 ~t 0l:ll~ DWI~ I. ~l~I, 1301.30 QUAN~B$ & BRADY 4581 TAMIAM! ?! ~PLB$ ~L 34103 3060 SPECIAL WAR.V. ANTY DEED This Indenture, made this ~'~_~ day of ~ic~-,,q-- . 2000. between OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited partnership, GRANTOR. and MARK M. SAVINO AND CYNTHIA A. SAVINO, husband and wife. as an estate by the entireties, whose social security numbers are 085-42-4752 (MMS) and 168-54-6308 (CAS), and whose post office address is 9711 Meadowmere Drive, Vienna, VA 22182, GRANTEES. Witnesseth that said Grantor, for and in consideration of the sum ofTEN DOLLARS. and other good and valuable consideration, to said Grantor in hand paid by said Grantees the receipt whereof is hereby acknowledged, have granted, bargained and sold to thc said Grantees and Grantees heirs and assigns forever, the following described land. situate, ly!ng and being in Collier County, Florida. Lots 23 and 24, Tract 5, Olde Cypress, Unit Three, according to ',he plat ~.hereof recorded in Plat Book 32, Pages 84 through 86, of the Public Records of Co!lier County, Florida. Subject to oil, gas and mineral rights of record, whose surface rights have been released of record; and real estate taxes for the year 2000, bearing Property Identification Number 64625005484 (Lot 23) and 64625005507 (Lot 24). Further subject to the Declaration of Covenants, Conditions, Restrictions and Easements for Olde Cypress, recorded in Official Record Book 2539. Page 2902, of the Public Records of Collier County, Florida; together with the Articles of Incorporation. By-Laws and Rules and Regulations of Olde Cypress Master Property Owner s Association, Inc.. as set forth therein. Further subject to the terms and provisions of the Agreement Establishing Easements, Maintenance Responsibilities, and Sharings of Costs recorded in Official Record Book 2546, Page 1033; and the Water Management System Shared Cost and Maintenance Agreement recorded in Official Record Book 2546, Page 1068, of the Public Records of Collier County, Florida. as the same may be amended from time to time. Further subject to that certain Declaration of Covenants, Conditions. Restrictions and Easements for the Olde Cypress Single-Family Community, recorded in Official Record Book 2546, Page 973, of the Public Records of Collier County, Florida, as the same may be amended from time to time; and the terms and provisions of the License Agreement recorded in Official Record Book 2546, Page 1028, of the Public Records of Collier County. Florida, as the same may be amended from time to time. OB::,'~P\ 227603. I APR t0 2001 *** OR: W/6 ?G: ~76,5 *** This Deed is an absolute conveyance and said Grantor will warrant and defend the property hereby conveyed against the lawful claims and demands of all persons claiming by, through, or under said Grantor, but against none other. In Witness Whereof. the Grantor has hereunto set Grantors hand and seal the day and year first above written. Signed, sealed and delivered in our presence: OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited partnership (Corporate Seal) STATE OF FLORIDA COUNTY OF COLLIER OLDE CYPRESS DEVELOPMENT /~~/~. mRATION, a Florida corporation, as er as Vice-President ,,-. 7150 Olde Cypress Bouli~vard Naples, FL 34119 The foregoing instrument was acknowledged before me 'his~Jf Jr~day of 2000, by RENEE TOLSON, as Vice-President of OLDE CYPRESS DEVELOPMENT CORPORATION, a Florida corporation, as general partner of OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited partners/N~who is personally known to me. My Commission Expires: AS'_~ N~TARY PURLIC (SEAL) lk:f"~"' ~co~,ss,o..~.,~ Ii ~/< ~Wa~ (~)~.e '~'.~ U?" - (~rint ha~e/~ddress) -- AC~rJ'qOA ITEM APR 10 2011I ~et Iron w/Cap (0 I I "F- ,o' I I ......- I I ! I ! I ! I t I ! I I I Concrete I I I I I I I I I I I I I oncrete Foundation* F/n/shed FToor E/ev. ~ lOf.$1' /~K.4. / 2952 I0' Coif Courae 4r UEIiCV £Oeement · 8~'~8'fl7~. 80.81' % % % % % % % % TRACt 'A "' O/do % % %· · % · · % · APR 10 2l)01 ~ I - -,~'~, II APR 10 2001 APR 10 2001 APR 10 2001 APR 10 2001 AP,~ 10 2001 APR 10 2001 Ms. Ann Marie Saylor September 19, 2000 Page 2 Collier County Public Utilities Administration has no objection to the proposed vacation and relocation of the easements. ACKNOWLEDGED AND AGREED TO: Collier County Public Utilities Administration APR10 2001 Mr. John Houldsworth September 19, 2000 Page 2 Community Development and Environmental Services has no objection to the proposed vacation and relocation of the easements. ACKNOWLEDGED AND AGREED TO: Community Development and Environmental Services Dated: APR 10 2001 Mr. Ed Kant September 19, 2000 Page 2 Collier County Transportation Services Department has no objection to the proposed vacation and relocation of the easements. ACKNOWLEDGED AND AGREED TO: APR 10 2001 Mr. John Boldt September 19, 2000 Page 2 Collier County~Management easements. has no objection to the proposed vacation and relocation of the ACKNOWLEDGED AND AGREED TO: Collier County~anagement By: ~ Name: Title: ~ Dated: APR 10 2001 I=1=1.. 26430 Old Us 41 Bonita Springs, Florida 34135 Fax: 1-941-947-7345 October 12, 2000 Roetzel & Andress Mr. Douglas A. Lewis Trianon Centre-Third Floor 850 Parkshore Drive Naples, Florida 34103 Re: Partial Plat Vacation ~ Lots 23 and 24, Tract 5, Olde Cypress Unit Three Dear Mr. Lewis: In reply to your recent request, FPL Company has no objection to the vacation of the existing platted 5 foot utility and drainage easement along the common boundary of lots 23 and 24 in tract 5 @ Olde Cypress Unit Three. This vacation is granted with the stipulation that the 10' U.E. along Tract R, in the front of lots 23 and 24 remain. If you have any questions regarding this matter, please contact me at 941-947-7361. ~Sincerely~'~(~ -3 Senior Distribution Designer cc:file an FPL Group Company APR 10 2001 Mr. Gene Howell October 6, 2000 Page 2 Media One has no objection to the proposed vacation and relocation of the easements. ACKNOWLEDGED AND AGREED TO: Media One Name: Title: Dated: APR 10 2001 Ms. Renee Tolson October 16, 2000 Page 2 Olde Cypress Master Property Owners Association, Inc. has no objection to the proposed vacation and relocation of the easements. ACKNOWLEDGED AND AGREED TO: Olde Cypr..ess Master Property Owners Association, Inc. APR 1 0 2001 Mt, John Cand~to Sanuary 9, 2001 P~ge 2 Sprint has no objection to the pmpo,.~d vacation. ACKNOWLEDGED AND AOR.EED TO: Sprint Name: John M. Candeto Title: Real Estate Manage~- Dated: J_~nuary 19. 2000 APR 10 2001 ( ( ¢ ¢ .. ¢ -t. APR 10 2001 I ox ~ ~ iTEM APR 10 2001 LIST OF ALL ABUTING AND OTHER PROPERTY OWNERS WITHIN 250 FEET OF THE PROPOSED RELOCATION AND PARTIAL VACATION Olde Cypress Development, Ltd. 10621 Airport Pulling Road North, Suite 1 Naples, FL 34109 Folio No: 64625005442 Lot 21, Tract 5, Olde Cypress Unit Three Ralph H. and Diana L. Edwards 12026 Sycamore Lakes Court Fort Wayne, IN 46814 Folio No: 64625005468 Lot 22, Tract 5, Olde Cypress Unit Three Arbc Corporation C 5675 Strand Boulevard Naples, FL 34110 Folio No: 64625005523 Lot 25, Tract 5, Olde Cypress Unit Three APR 10 2001 ~a~:FEB. 6.~001~: 4:~OPM ?o: (ROETZEL&AMDRESS)o~o~I~-I : ~6~z~ ;tl,,~og01 : 1'L-01-16~2-2 02/06/200:1 01:14:~21:~ ~0.0~9 l:'akg'~ I o£ 2 ~a~P. 3×~-oo4 APR 10 2001 D'~-eFFB. 6. ~001~0: 4: ~OP~ ?~ (ROETZEL~AHDRESS).O~osl$1~-i I ~$:~ : ~'~-01-1~8~-~ 02/06/2001 01:14:~2t~ M0.0~9 l:'a. go 2 of 2 4/4-004 caaR'z~ OF ~ W EXECUTIVE SUMMARY CU-2000-21, WILLIAM L. HOOVER, AICP, OF HOOVER PLANNING & DEVELOPMENT, INC., REPRESENTING DR. LOREN L. HOFFMAN OF RISING STARS PRESCHOOL, INC, REQUESTING CONDITIONAL USE "4" OF THE "C-5" ZONING DISTRICT FOR CHILD DAY CARE SERVICES PER' SECTION 2.2.15 ½.3 FOR PROPERTY LOCATED ON THE WEST SIDE OF NAPLES BOULEVARD,- APPROXIMATELY 1000 FEET NORTH OF PINE RIDGE ROAD, IN SECTION 11, TOWNSHIP 49 S., RANGE 25 E., COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interests are maintained in a proposed childcare operation. CONSIDERATIONS: The applicant requests a Conditional Use in order to add a childcare center to the existing Edgemont Office Park. The office park is zoned Heavy Commercial (C-5). The purpose of a Conditional Use for childcare in C-5 is to protect the children from possible noxious uses also allowed in that zoning district. The petitioner's research has not revealed any hazardous, materials within the required 500 feet. Therefore, it is staff's finding that the proposed childcare center is-compatible with adjace.nt properties and other properties in the district. The Collier County Planning Commission heard this petition at its April 5, 2001 meeting.- Commissioner Fiala requested that this petition be heard at the April 10, 2001 Board of Zoning ~ Appeals meeting, therefore, because of time constraints, the CCPC recommendation is not included in this Executive Summary. If this petition is on the Summary agenda, the CCPC voted unanimously to recommend approval, and no objections were received. If this petition is on the regUlar agenda, staff will present the CCPC recommendation and/or any objections received ~ during the public hearing. ~ . FI'SCAL IMPACT: There will be no fiscal impact to the County beyond those normally associated with existing commercial development. GROWTH MANAGEMENT IMPACT: Since childcare is recognized as a Conditional Use of land in C-5 designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan Approval. 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. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Board of Zoning Appeals recommend approval of Petition CU-2000- 21 to the, subject to the stipulations in the Resolution. " 2 No. APR 1 0 2001 PREPARED BY: FR~ISCHL, AICP PRINCIPAL PLANNER DATE / R( ~LD F. NI~IO, AICP LURRENT PLANNING MANAGER lklIOB~RT J. M~'LHERE, AICP PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: JOI~ M. DUNNUCK, III DATE IN11Ii~RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/CU-2000-21 3 APR-1 0 2001 ,.3 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: FEBRUARY 26, 2001 SUBJECT: CU-2000-21 (RISING STARS PRESCHOOL) PROPERTY OWNER/AGENT: OWNER: Edgemont Development LLC 5405 Park Central Court Naples, FL 34109 AGENT: William L. Hoover, AICP Hoover Planning 3785 Airport Road North, Suite B-1 Naples, FL 34105 CONTRACT PURCHASER: Dr. Loren L. Hoffman ~400 Park Central Court,.Suite 1Road Naples, FL 34120 REQUESTED ACTION'.' AG EI~A~ITEM~ N No. J/ ,i J APR 1 0 2001 The Petitioner requests Conditional Use approval, per Section 2.2.15 V2 .3 (4) of the Collier County Land Development Code, for childcare. LOCATION: The subject site is located within the existing Boulevard diagonally across from Home Depot. Edgemont Office Park, on Naples DESCRIPTION OF PROJECT: The applicant requests a Conditional Use in order to add a childcare center to the existing Edgemont Office Park. The office park is zoned Heavy Commercial (C-5). The purpose of a Conditional Use for childcare in C-5 is to protect the children from possible noxious uses also allowed in that zoning district. SURROUNDING LAND USE & ZONING: SUBJECT: Edgemont Office Park; zoned C-5 SURROUNDING: North: East: South: West: Undeveloped portion of Pine Air Lakes; zoned PUD Naples Boulevard ROW, across which is Home Depot and mini-storage; zoned C-5 NCH Healthcare offices; zoned C-5 Various commercial uses; zoned C-5 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban - (Urban Industrial District), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this District provides that C-5 and C-4 zoning districts are allowed along the perimeter of the district, as is the case here. Further, it provides that support commercial uses, such as childcare, are permitted.. FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Based upon the above analysis, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. 2 AG EI~D'~TE ~ '~ No. ,. APR 1 0 2001 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property is not located w~thin an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. An Historical/Archaeological Survey and Assessment waiver is not required. TRANSPORTATION, EVALUATION: INFRASTRUCTURE & ENVIRONMENTAL - The proposed impact of a childcare operation on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements governing the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: Consistency with the Land Development Code and the Growth Management Plan. Since childcare is recognized as a Conditional Use of land in C-5 designated areas, this Conditional Use request has been determined to be consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and aqcess in case of fire or catastrophe. PRO: The proposed childcare center shall have access off Naples Boulevard which is a 4-lane collector road in this vicinity. There' is a full median cut at the entrance to Edgemont Office Park. There is very little pedestrian activity in this area. There is adequate drop-off area in the office complex for the childcare center. ~o. APR 1 0 2001 3 CON: Naples Boulevard is a heavily traveled roadway between AirpOrt Road and Pine Ridge Road. ANALYSIS: The site is located back from Naples Boulevard and should not cause traffic to back up onto Naples Boulevard. There is adequate drop-off area for autos. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The site will be able to provide convenient childcare to the many offices and businesses in the area. CON: The site is in close proximity to the Industrial zoning district, whii:h can have potentially hazardous materials on site. ANALYSIS: The petitioner's research has not revealed any hazardous materials within the required 500 feet. 4. Compatibility with adjacent properties and other property in the district. PRO: The childcare center may provide its service to the many offices and businesses in the area. CON: The site is in close proximity to the Industrial zoning district, which can have potentially hazardous materials on site. ANALYSIS: The petitioner's research has not revealed any hazardous materials within the required 500 feet. Therefore, it is staff's finding that the proposed childcare center is compatible with adjacent properties and other properties in the district. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2000-21 to the Board of Zoning Appeals, subject to the stipulations in the Resolution. EAC RECOMENDATION: This petition did not require an Environmental Impact Statement because it is currently developed; therefore the Collier County Environmental Advisory Council did not hear this petition. '. 4 APR 1 0 2001 PREPARED BY: · FRE~CHL, AICP PRINCIPAL PLANNER DATE · RENEWED BY: RON'ALD ~: ~T~O, AICP CURRENT PLANNING MANAGER DATE RtOBE~T J. MULHERE, AICP PLANNING SERVICES DIRECTOR DATE APPROVED BY: ~R~M' DcoU~MM~Y DEVELOPMENT ADMINISTRATOR DATE & ENVIRONMENTAL SERVICES Petition CU-2000-21 COLLIER COUNTY PLANNING COMMISSION: GARY WRAGE, CHAIRMAN 5 APR'I 0 2001 Pg. q . :-_._..___ HOOVER PLANNING & DEVELOPMENT INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions December 23, 2000 Mr. Fred Reischl Current Planning 2800 N. Horseshoe Drive Naples, Florida 34104 Proposed Conditional Use for the Hoffman Child Care Center, Located Within the Existing Edgemont Office Park on Naples Blvd., Naples, Florida Dear Mr. Reischl: The subject site is zoned C-5 and located on the western side of Naples Boulevard, 1000 feet north of Pine Ridge Road. The child care center is desired to be constructed in lieu of an approved office building at the southwestern comer of the 3.27-acre Edgemont Office Park (labeled Building D on the attached letter-sized site plan). The child care building- would be 2,915 square feet in size, which is the same as the other buildings within the Edgemont Office Park (an office condominium project). This child care facility would be constructed in the Spring-Summer of 2001. Up to 8 adults would provide care for up to 40 children at this facility. To the north and northeast of the Edgemont Office Park (subject site) is undeveloped commercial land within the Pine Air Lakes PUD (see attached zoning map). To the east is Napa Blvd. a 120-foot right-of-way and a high-quality self-storage facility that I believe has no outdoor storage. To the southeast across Napa Blvd. is the rear of Home Depot (zoned C-5). Abutting to the south is the rear of the C-5 zoned Naples Community Hospital storage facility (previously was Pace Warehouse). To the west is a 177 foot-wide stormwater lake on C-5 zoned property, with a fence of six feet in height around it. Further west is a canal, that averages about 100 feet in width on industrial-zoned land, and finally several buildings that are on industrial-zoned land. These buildings are typically fairly low intensity for their zoning with typically 6 to 12 tenants per building. Some of these tenants are tailor shops, auto upholstery shops, and antique shops. One of the provisions of this Conditional Use petition, is that no toxic substances or hazardous materials be located within 500 feet of the child care center's nearest property line.' I personally spoke to the manager at the self-storage facility and she advised me that they definitely did not permi¥ anyone to store those substances within their rental units. Additionally, I spoke to an employee working at the rear of Home Depot and he said they do not have exterior storage of those substances at the northwest comer of their'facility. I personally spoke to Police officer Tom Kissinger who liv6s at the Naples Community Hospital storage facility. He clearly advised me that none of these substances or even oxygen was stored at this large facility. A personal drive-by inspection of the bui the industrial-zoned land also revealed none of these substances. The tenants in th{ 3785Airport Road North, Suite B-I, Naples, Florida 34105 · Phone: 941-403-8899 · Ft r: 941-403-9009 Fred Reischl RE: Hoffman Child Care Conditional Use December 23, 2000 Page 2 buildings appear to be those that cannot afford to pay commercial rents along major arterial roadways in this community rather than customary industrial uses. This site should be excellent for a child care facility. The ten other buildings in Edgemont Office Park (see attached site plan) should provide a nice buffer from other land uses that may develop to the north and northeast within the Pine Air Lakes PUD and also from the existing uses across Naples Boulevard. Naples Boulevard should provide an excellent access to the site as it is a 4-1aned, lightly traveled collector roadway and the site's access has a full median cut in this divided roadway. Sincerely; HOOVER PLANNING & DEV., INC. William L. Hoover, AICP HP File #272narrl .ltr AG EN.DA_J.TE M-~ No. APR 1 0 2001 ... // AG E N~,~T~ No. I APR'I 0 2001 9511N II PUD 2., PINE AIR I.AK PARCel. 1 s PARC~Z. lA PARC~. 2 98~.05 C'55.5, i' / % ! HOME DEPOT ! 95ten ~-tlS IS TO c~]:ur~:'Y THAT THIS IS.A PA(~'O~ TH[ Oi:'FlC$AL ZONING ATLAS ~gFF_RRED TO AND ADOPTED By REFE:~E~CE B'~ ORDINANCE NO. 91-102 O~ THE COUNTY CF COLUE:~. ~"r_oRIOA, ADOPTED OCTOEIER- ,,.x,O~ 1991, Al'TEST CHAIRMAN ! iC-$ APR 1"0 2001 FLOOO INSURANCE RAT[ MAP iNFORN COMMUNITY NUMBER: 120067 PANEL NUMB PROGRAM: REGULAR EFFECTIVE r' ~ FLO00 ZONE: ~OR AS SHC COLLIER COUNTY, COMMUNITY DEVELOPMENI TWP 49S RNG ZSE SEC(S) MAr- o 4o0 COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING SECTION PETITION NUMBER: ~ I! DATE OF APPLICATION: COMMISSION DISTRICT: PLANNER ASSIGNED: ABOVE TO BE COMPLETED BY STAFF A~PLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE General Information: Name of Applicant(s) Dr. Loren L. Hoffman Rising Stars Preschoo]~ Tnt. Applicant's Mailing Address 5400 Park ~entral Court #1 City Naples State Florida Applicant's Telephone #: 593-5%3q Fax #: Zip 34109 591-4423 Name of Agent William L, Hoover,AICPFirmHoover Plannfnq & Dev.,Inc. City Naples Agent's Telephone #: Agents Mailing Address 3785 Airport Road N., Suite B-l] StateFlorida Zip 34105 403-8899 Fax #: 403-9009 AG E N qA, l,~Mi"~ NO, tJ I,.~ APR 1 0 2001 0 Disclosure of Interest Information: a o If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership If the property is owned by a ~CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock Edgemont Development, LLC 100% 5405 -Park Central Court, Naples, FL 34109 Larry Manning 1/2of Edqemont LLC Gates-McVey Capital Group 1/2of Edgemont LLC ~at~-McV~y Capital Group is owned 1/3 each by Todd ~at~; .Tame~ McVey~ and Steve Robison. Steve Robison i~ th~ Managing Partner of Edgemont Development, LLC. All parties addresses are 5405 Park Central Court, Naples~ FL 34109' If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest APPLICATION FOR PUBLIC REARING FOR CONDITIONAL USE AGE ~ APR 1 0 2001 do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address _Wi sin0 St_~r_~ Prp~r'hnnl ; Tnr,~ Dr. Loren L. Hoffman Percentage of Ownership 100% 5400 Park Central Court #1: Naples: FL 34109 The petitioner (shown above) has a verbal agreement tn purchase a condominium building from th~ prop~rty owners if this petition is successful. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE Date of Contract: A AG ENC,,i~I'E~ No. IJ 'J APR 1 0 2001 /& If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired ~) leased ( ): 8-2]-00 Term of lease yrs./mos. If, Petitioner has option to b~y, indicate date of option: and date option terminates: , or anticipated closing date Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (I'f space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal I~0. ~ I. APR 1 0 2001 description, an engineer's certification or sealed survey may be required. Section: Lot: Block: Plat Book__ Page #: Township: 49s Range: 2BE Subdivision: Property I.D.#: 30738000009 Metes & Bounds Description: North 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of Sec. 11, Twp. 49S, Rng. 25E, Collier County, FL, less and except the East 60' for right-of-way, and less the west 177' therof. Size of property: Total Sq. Ft. 432 ft. X 329 Acres 3,27 ft. (Edgemont Office Park) o Address/~eneral location of subject property: mh~ w~ miae of Naples Blvd., approximately 1000' north of Pine Ridge Roa~. o Adjacent zoning and land use: Zoning Land use N Pine Air Lakes PUD Undeveloped Commercial Land sC-5 Naples Community Hospital Storage EC-5 Indoor Self-Storaqe Buildinq WC-5 then Industrial Lake then canal then light ind. buildings 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). NO. A~PLICATION FOR PUBLIC HEARING FOR CONDITION~tL USE AGE IT APR 1 0 If Section: NA Township: Lot: Block: Plat.Book__ Page %: Metes & Bounds Description: Ran~e: Subdivision: Property'I.D.#: Type of Conditional Use: This application is requesting conditional use # 4 of the C-5 district for (TYPE OF <usE) Child Day Care Services Present Use of the Property: Vacant where the child care building would be built but the rest has office buildings being constructed. Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the-request is consistent with the applicable section or portions of the future land useA_ element): The property is located within the Urk~n ~.~~ APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE APR 1 0 2001 under the description of the Urban Designation it states that Urban Designated Areas will accomodate non-residen- tial uses including child care centers. b. Describe the existing or planed means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian .safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Edgemont Office Park is located on the western side of Naples Blvd. and has a full median cut on this 4- lane collector roadway. c. Describe the effect the conditiohal use will have on neighboring properties in relation to noise, glare, economic and odor effect: The proposed project will not hmv~ tony .qignificant n~gativ~_ impmct.~ ~n n~ighhnring nrnn~r~i ~. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties .in the district: The other office buildings in Edgemont Office Park will shield this project from neighboring land uses to the north and to the east. To the west is a water ma {age~.~~~) APR 1 0 2001 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE lake and then a canal of about 100' in width. To the south is 33' of green area, a fence and then the back of Pace Warehouse. e. Please provide any additional information which you may feel is relevant to this request. o 10. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. NA Previous land use petitions on the s,,~ject property: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? No, '1!. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 84" x t1" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to ~PLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE 8 APR 1 0 200 RESOLUTION 01- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USE "4" 1N THE "C-5" ZONING DISTRICT PURSUANT TO SECTION 2.2.151/2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "4" of Section 2.2.15V2.3 in a "C-5" Zone for Child Day Care Services on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by William L. Hoover, AICP, of Hoover Planning and Development, Inc., representing Dr. Loren L. Hoffman of Rising Stars Preschool, Inc., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "4" of Section 2.2.15V2.3 of the "C-5" Zoning District for child Day Care Services in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. APR 1 0 2001 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this __ day of ,2001. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN ATTEST: DWIGFIT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marj o~"-M. Student Assistant County Attorney gJadmin/CU-2000-21 / RESOLUTION/FR./ira -2- No. } ! ~ APR 1 0 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-21 The following facts are found: Section 2.2.15 ~.3.4 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C o Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHI~BIT "A" AGE E - APR t 0 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2000-21 The following facts are found: Section 2.2.15 ~.3.4 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes No o Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C o Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: APR 1 0 2001 traWl:ST :' 1/4 OF. ;.'.TH~:.;t -'~ 1' '~ :F ..ELq'. ~ FOR.::'RI~HT'" EXHIBIT "B" AGEN~A.~.~EM[ No...1 I,. "k ) APR 1 0 2001 Exhibit "C" ZZ ~-- "% ....... -"--I EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing, in its entirety, Collier County Ordinance No. 2000- 82, the Pelican Bay Services District Ordinance, and providing that Collier County Ordinance No. 90-111, as amended, creating and providing for the Pelican Bay Municipal Service Taxing and Benefit Unit and its advisory committee, continue in full force and effect; providing for inclusion in code of laws and ordinances; providing for conflict and severability; and providing for an effective date. OBJECTIVE: That the Board of County Commissioners consider adoption of an ordinance repealing, in its entirety, Collier County Ordinance No. 2000-82, the Pelican Bay Services District Ordinance, and providing that Collier County Ordinance No. 90-111, as amended, creating and providing for the Pelican Bay Municipal Service Taxing and Benefit Unit and its advisory committee, continue in full force and effect. CONSIDERATION: Ordinance No. 2000-82, the Pelican Bay Services District Ordinance, was adopted by the Board of County Commissioners on November 28, 2000. Said ordinance provided for the repeal of Collier County Ordinance No. 90-111, as amended, the Pelican Bay Municipal Service Taxing and Benefit Unit, upon the initial election and assumption of office of the board of Supervisors of the Pelican Bay Services District. The Board of County Commissioners adopted Resolution No. 2001-30, ordering and calling for the election of members to the Board of Supervisors of the Collier County Pelican Bay Services District by qualified electors to be held by special election on April 26, 2001, pursuant to Ordinance No. 2000-82. Said election has not yet occurred and the Pelican Bay Services District Board of Supervisors has not assumed office. Therefore, the Pelican Bay Municipal Services Taxing and Benefit Unit Ordinance (Ordinance No. 90-111) still remains in effect pursuant to Ordinance No. 2000-82. Upon considerable review, public input and public meetings relating to this subject, the Board has subsequently determined that it is in the best interest of the public to continue the operation of the Pelican Bay Municipal Services Taxing and Benefit Unit per Ordinance No. 90-111, as amended, and to repeal Ordinance No. 2000-82. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this Ordinance. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt an ordinance repealing, in its entirety, Collier County Ordinance No. 2000-82, the Pelican Bay Services District Ordinance, and providing that Collier County Ordinance No. 90-111, as amended, creating and providing for the Pelican Bay Municipal Service Taxing and Benefit Unit and its advisory committee, continue in full force and effect. Ap ovedlay.' /~,~,~,/~ David C. Weigel~''' · ~_~ County Attorney AGENDA IIEM. NO. APR 10 2001 1 ORDINANCE NO. 2001- 2 - '~ AN ORDINANCE REPEALING, IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 2000-82, THE .~ COLLIER COUNTY PELICAN BAY SERVICES DISTRICT 6 ORDINANCE; PROVIDING THAT COLLIER COUNTY 7 ORDINANCE NO. 90-111, AS AMENDED, CREATING 8 AND PROVIDING FOR THE PELICAN BAY MUNICIPAL 9 SERVICE TAXING AND BENEFIT UNIT AND ITS 10 ADVISORY COMMITTEE, CONTINUE IN FULL FORCE 11 AND EFFECT; PROVIDING FOR INCLUSION IN CODE 12 OF LAWS AND ORDINANCES; PROVIDING FOR 13 CONFLICT AND SEVERABILITY; AND PROVIDING FOR 14 AN EFFECTIVE DATE. 15 16 WHEREAS, thc Board of County Commissioners of Collier County, Florida adopted 17 Ordinance No. 2000-82, known as the "Collier County Pelican Bay Services District Ordinance" 18 on November 28, 2000; and 19 WHEREAS, Ordinance No. 2000-82 provided for thc rope~al of Collier County Ordinance 20 No. 90-111, as amended, the Pelican Bay Municipal Service Taxing and Benefit Unit, upon the 21 initial election and assumption of office of the Board of Supervisors of the Pelican Bay Services 22 District; and 23 WHEREAS, the Board of County Commissioners of Collier County adopted Resolution No. 2001-30, ordering and calling for the election of members to the Board of Supervisors of the 25 Collier County Pelican Bay Services District by qualified electors to be held by special election 26 on April 26, 2001, pursuant to Ordinance No. 2000-82; and 27 WHEREAS, the Board of County Commissioners of Collier County has since determined 28 that it is in the public interest to continue the operation of the Pelican Bay Municipal Services 29 Taxing and Benefit Unit per Ordinance No. 90-111, as amended, and to repeal Ordinance No. 30 2000-82; and 31 WHEREAS, the initial election date for the Pelican Bay Services District Board of 32 Supervisors has not yet occurred and the Pelican Bay Services District Board of Supervisors has 33 not assumed office, and the Pelican Bay Municipal Services Taxing and Benefit Unit Ordinance 34 No. 90-111, as amended, remains in effect pursuant to Ordinance No. 2000-82; and 35 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 36 COMMISSIONERS OF COLLIER COI. YNTY, FLORIDA that: 37 SECTION ONE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 2000-82, THE PELICAN BAY SERVICES DISTRICT ORDINANCE. AC~NDAITEM l(I 2001 Pg. 1 Collier County Ordinance No. 2000-82, the Pelican Bay Services District Ordinance, is 2 hereby repealed in its entirety. 3 SECTION TWO: CONTINUATION OF ORDINANCE NO. 90-11 l, AS AMENDED, THE 4 PELICAN BAY MUNIC~AL SERVICES TAXING AND BENEFIT UNIT 5 ORDINANCE. 6 Collier County Ordinance No. 90-111, as amended, creating and providing for the 7 Pelican Bay Municipal Service Taxing and Benefit Unit and its advisory committee shall 8 continue in full force and effect. A copy of Collier County Ordinance 90-I 11, as amended, is 9 attached as Exhibit "A.' 10 SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCE 11 The provisions of this Ordinance shall become and be made a part of the Code of Laws 12 and Ordinances of Collier County, Florida~ The sections of the Ordinance may be renumbered or 13 m-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," 14 or any other appropriate word. 15 SECTION FOUR: CONFLICT AND SEVERABILITY 16 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 17 applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held 18 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 19 separate, distinct and independent provision and such holding shall not affect the validity of the 20 remaining portion. 21 SECTION FIVE: EFFECTIVE DATE 25 26 27 28 29 30 31 32 33 34 35 36 37 38 22 This Ordinance shall become effective upon filing with the Department of State. 23 PASSED AND DULY ADOPTED by the Board of County Commissioner~ of Collier 24 County, Florida, this day of April, 2001. ATI'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA' BY: Approved as to form and legal sufficiency: David C. Weigel County Attorney BY: JAMES D. CARTER, Ph.D., CHAIRMAN APR 10 2001 SPECIAL DISTRICTS § 122-1651 ARTICLE LXI. PELICAN BAY 1VIUNICIPAL SERVICE T.4~LING AND BENEFIT L.nNrIT Snpp. No. I0 DIVISION 1. GENEraLLY Sec. 122-1651. Created. Pursuant to F.S. ch. 125 and article II of this chapter, the Pelican Bay Municipal Service Tax- ing and Benefit Unit is hereby created for the purpose of providing street lighting, water man- agement, extraordinary law enforcement service, beautification, including but not limited to beau- tification of recreation facilities, sidewalk, street and median area, identification markers, the main- tenance of conservation or preserve areas and to CD122:153 *Editor's note--Ord. No, 98-109, adopted Nov. 24. 1998, repealed §§ 122-1601--122-160S in their entiret>: Formerly. said sections pertained to the children's support services district. See the Code Comparative Table. tEditor's note--Ord. No. 98-99. adopted Nom-. 24. 199S. repealed §§ 122-1626--122-1630 in their entirety. F,~rmerly. said sections pertained ~o tl~_~l~ir.~T~,'loi ..... reef APR 10 2001 § 122-1651 COLLIER COLrNTY CODE finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road. (Ord. No. 90-111, § 1; Ord. No. 99-98, § 1, 12-14- 99) State law reference--Author/ty to create municipal ser- vice taxing or benefit unit, F.S. § 125.01(1Xq). Sec. 122-1652. Boundaries. The Pelican Bay Municipal Service Taxing and Benefit Unit is comprised of and includes those lands described as follows: A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 25 East; together with portions of Sections 4, 5, 8 and 9, Township 49 South, Range 25 East, Collier County, Florida, being one and the same as the lands encompassed by the Pelican Bay Improve- ment District, the perimeter boundary of same more particularly described as follows: Commencing at the southeast corner of said Section 33; thence south 89 degrees 59 minutes 50 s~conds west along the south line of Section 33 a distance of 150.02 feet to a point on the west right-of-way line of U.S. 41 (State Road 45), said point also being the point of begin- ning; thence southerly along the west right-of- way line of said U.S. 41 (State Road 45) the following courses: south 00 degrees 58 minutes 36 seconds east a distance of 2.49 feet; thence south 00 degrees 55 minutes 41 seconds east a distance of 3218.29 feet; thence south 01 de- grees 00 minutes 29 seconds east a distance of 3218.56 feet; thence south 00 degrees 59 rain~ utes 03 seconds east a distance of 2626.21 feet; thence south 01 degrees 00 minutes 18 seconds east a distance of 2555.75 feet to a point on the north right-of-way line of Pine Road as re- corded in D.B. 50, page 490, among the public records of said Colher County; thence depart- ing said U.S. 41 (State Road 45) south 89 degrees 09 minutes 45 seconds west along said north right-of-way line a distance of 2662.61 feet; thence south 00 degrees 51 minutes 44 seconds east a distance of 70.00 feet to a point on the north line of Seagate Unit 1 as recorded in Plat Book 3, page 85 among said public records; thence south 89 degrees 09 minutes 45 seconds west along said north line of Seagate Supp. No. 10 Unit 1 and the south line of said Section 9 a distance of 2496.67 feet to the southwest corner of said Section 9; thence continue south 89 degrees 09 minutes 45 seconds west a distance of 225 feet more or less to a point on the mean high water line established May 15, 1968; thence a northwesterly direction along said mean high water line a distance 15716 feet more or less; thence departing said mean high water line south 80 degrees 29 minutes 30 seconds east and along the southerly line of Vanderbilt Beach Road (State Road 862) as recorded in D.B. 15, page 121 among said public records a distance of 7385 feet more or less to a point on said west right-of-way line of U.S. 41 (State Road 45); thence south 00 de- grees 58 minutes 36 seconds east along said west right-of-way line a distance of 2574.36 feet to the point of beginning. (Ord. No. 90-111, § 2) Sec. 122-1653. Governing body. The governing body of the unit created by this article shall be ex officio the board of county commissioners. (Ord. No. 90-111, § 3) State law reference-Similar provisions, F.S. § 125.0112 t. Sec. 122-1654. Purpose; powers. The unit is formed for the purpose of providing street lighting, water management, extraordi- nary law enforcement service, beautification, in- cluding but not limited to beautification of recre- ation facilities, sidewalk, street and median areas, identification markers, the maintenance of con- servation or preserve areas and to finance the landscaping beautification of only that portion of U.S. 41 from Pine Ridge Road to Vanderbilt Beach Road. in the above described taxing and benefit unit and to that end shall possess all the powers to do all things reasonably necessary to provide such services. (Ord. No. 90-111, § 4; Ord. No. 99-98, § 2, 12-14- 99) For the purpose of carryi~ 'ng in administration of this article, th( CD122:154 Sec. 122-1655. Annual estimates of expenses; taxation rate. t,h NO. 17 APR 10 2001' SPECIAL DISTRICTS § 122-1655 commissioners shall annually, at the time re- general budgetary law, make an item- quired by of the amount of money required to ized estimate unit for the next carry out the business of the fiscal year, which shall be from October 1 to and September $0 following. The estimate are including shall have for what purpose the moneys required and the amount necessary to be raised by taxation within the unit. At the time and place for fixing the annual rate of taxation [or county Sttpp. No. 10 CD122:154.1 pg. PUrposes, the board shall fix and cause to be lev/ed on al] property w/ti;lin the un/t subject to taxat/on a m/liage suffic/ent to meet the merits of the est/mate; require. tota] ? Provided, however, the age sha]J not exceed thc~ millage aUtho- rized by law for mun/c/pa/serv/ efit un/ts, taxing or ben- (Ord. No. 90-111, § 5) Sec. 122-1656. Tax assessment and eoHec. tion. Taxes herein provided for shall be assessed and collected in the same manner and form as pro- vided for the assessment and co/]ection of general county taxes and subject to the same fees for assessing and co/lecting as genera] county taxes. (Ord. No. 90-111, ~ 6) Sec. 122-1657. Duties of the county admin/s. trator. The dut/es of the county admin/strator or his designee shall be: (l) To admin/ster the act/v/t/es of the unit created by this art/cie in estab//shed POl/cies accordance w/th COmm/ssioners. oft he board of County (2) To, as Soon as pract/cable and annua]/y therea/~er, prepare the annual budget. (3) To provide per/odic wr/~ten reports to the corem/tree and the board of county m/ssioners on the act/vit/es of the unit and its finances. (Ord. No. 90-111, ~ 14) Sec. 122-1658. OpPortunity to eommentpr/or to initiaJ implementation. Pr/or to /mplementing any in/t/a] tax/ng or assessment author/ty under the unit created by th/s art/cie, the board of county c°mm/ss/oners shall hold a public hearing in PeLican Bay upon reasonable notice in a local newspaper of genera/ c/rculat/on. Such public hearing w/ii cons/der and afford the adv/sory COmmittee and the genera] the opportunity to comment public in mentation or use of the unit's on the imp]e- ment author/ry, taxing and assess_ (Ord. No. 90-211, § 16) SUpp. No. 8 CD122:155 § 122-167i Secs. 122'16~9--.122.1670. Reserved. DrY,sIoN 2. ADVZSoR¥ ~- 122-1671. C~ation. C°nc~t ~ ~e P~s~e of ~ ~de, a 13 mem~r ad~o~ co~e ~ Pe~ Bay M~dp~ ~ce ~ the fit U~t Ad~so~ T~ ~d Ben~ ~') ~ he~b~ Co~~ ~a~. ~ere~r "Com- (~. No. 90-111, ~ 1; ~. No. 91-22, ~ 7; 0~. No. 98-~3, ~ D Sec. 122-1672. ApPointment and COmposi. tion. fa) The comnlittee shall be representative of both res/dent/a] and business interests and land- °Whets in PeLican Bay. ih) Members of the comafittee shall be ap- pointed and serve at the county Pleasure of the commissioners board of · Sa/d members shall b,~ permanent res/dents and electors of the county. (c) ApPointment of members to the comm/ttee shall be by resolution of the board of county COmmissioners, which resolution shall set forth the date of apPointment and the term of office. (Ord. No. 90-111, ~ 8) Sec. 122-1673. Terms of office. (a) The irdtia] terms of office of the corem/tree shall be as follows: (1) Five members shall be appointed for a term of two years. (2) Five members shall be aPpointed for a term of three years. (3) Five members shall be appointed for a term of tour years. Therealrter, each apPointment or reappointment shall be for a term of four years. (b) A member of the COmmittee may be reap- pointed by the board of county comm/ssioners for one successive term, if there are no other qua]5 *Cross reference~ authorities, ~ 24316 et q. ' ' ' s ant, NO. ~22-1673 COLLIER COUNTY CODE fled applicants for the member's position. Appoint- ments to fill any vacancies on the commfttee shall be for the remainder of the unexpired term of office. (Ord. No. 90-111, § 9; Ord. No. 91-22, § 2) Sec. '122-1674. Removal from office; failure to attend meetings. (a) Any member of the committee may be removed from office by a majority vote of the beard of county comm_issioners. (b) If any member of the committee fai].~ to attend two consecutive committee meetings with- out a satisfactory excuse or if a member is absent from more than one-half of the committee's meet- Lugs in a given fiscal year, the committee shall declare the member's seat to be vacant and the vacancy shall be filled by the board of county commissioners. (Ord. Ne. 90-111, § 10) ec. !22-1675. Officers;, quorum; rules of pro- cedure. (a) At its earliest opportunity, the membership of the committee shah elect a chairman and vice-chairman from among the members. Officers' terms shall be for one year, with eligibility for reelection. (b) The presence of seven or more members shall constitute a quorum of the committee nec- essary to take action and transact business. In addition, an affirmative vote of a majority of the members present shah be necessary in order to take action, except that an affirmative vote of seven or more members present shah be required to adopt the budget for the unit. (c) The committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and de- terminations. (Ord. No. 90-111, § 11; Ord. No. 91-22, § 3; Ord. No. 98-113, § 2) Sec. 122-1676. Reimbursement of expenses. Members of the committee shall serve without compensation, but shall be entitled to receive Supp. No. 8 reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the beard of county commissioners. (Ord. No. 90-111, § 12) Sec. 122-1677. Functions, powers and du- ties. The mittee (1) (2) (3) (4) cordance with law) (Ord. No. 90-111, § 13) CD122:156 functions, powers and duties of the corn- shall be as follows: To aid, assist and provide input to the county admlni~twater and the board of county commissioners in carrying out the purposes of the Pelican Bay Municipal Service Tax/ng and Benefit Unit as set forth in this article. Upon any decision by the board of county commissioners to dissolve, merge or oth- erwise change or discontinue the func- tions or services provided by the Pelican Bay Improvement District, the committee shah be prepared to and shah aid, assist and provide input to the county adminis- trator and the board of county commis- sioners, within the time frame requested, in effectuating a smooth and expeditious transfer of street lighting, water manage- ment and beautification services, respon- sibilities and obligations to the urut. If requested by the county administrator or board of county commissioners, to pre- pare and recommend to the board of county commissioners an itemized budget of the amount of money required to carry out the business of the unit for the next fiscal year. To recommend work programs and prior- ities to the county administrator in accor- dance with the adopted budget or budget amendments which may be adopted by the board of county commissioners in ac- cordance with law. The execution of work programs shall be under the direct super- vision and responsibility of the county administrator or his designee. Said work may be performed under contract (in ac- or~ by county forces. AGENDA ITEM,~ NO._ / ? APR 1 20111 SPECIAL DISTRICTS § 122-1753. Sec. 122-1675. Review process. This committee shall be reviewed once every four years commencing in 1995, in accordance with the procedures contained in chapter 2, arti- cle VIII, division 2 of this Code. (Ord. No. 90-111, § 2) AGENDA.I'~-Iv~ No._ !/~-~- 2001 ORDINANCE NO. 20UO- 22 AN ORDINANCE AMENDING COLLIER COUNTY ORI)iNANCE NO. 90-111, AS AI~iENDED, WiiiCI! CREATED Tile I'ELICAN BAY MUNICII'AL SEll, VICE TAXING AND UENEFIT UNIT; AP, lENDING SECTION SEVEN, CREATION OF TIlE i'ELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMMI'I'FEE, TO PROVIDE I;OR Tile ILEDUCTION Oir TIlE SIZE OF Tile i'ELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT ADVISORY COMfilI'i'FEE; AMENDING SECTION ELEVEN, OFiqCERS; QUORUM; RULES OF I'ROCEDURE, TO PROVIDE FOR A REDUCTION IN Tile NUIS, iUEi~, Ol~' [MEfiBERS I/,EQUIRED I;OR A QUORUM TO CONDUCT BUSINESS AND TO TAKE ACI'iON; PROVIDING FOR CONFLICI'; I'II`OVIDING FOR SEVEItABILITY; AND I'ROVIDING FOR AN EFFECTIVE DATE: NOW TIIEILEFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TIIAT: SECTION ONE. Amendment Io Seclion Seven of Collier County Ordinaucc No. 90-11 I, as amended. Section Seven of Collier County Ordinance No. 90-111, as ameadcd, is hereby mncnded as follows: SECTION SEVEN. Creation of thc Pelican Bay Municipal Service Taxil~,~ and~ Benefit Unit advisory Comn:ittee. Concunent with the passage of the Ordinance, ~tfi~en ~ ~ ~. ~ all {! I} member advisory committee ~:own as the Pelican Bay Municipal T=ing and Be,clit Unit Advisory Commilte~ (hcr~inallcr "Committe~is hereby created. SECTION TWO. Amendment Io Section Eleven of Collier County Ordinance No. 90-l I l, as amended. Section Eleven of Collier County Ordinance No. 90-111, as amended, is hereby amended as follows: SECTION ELEVEN. Ofliccrs; Quorum; Rules of Procedure. A) Al its earliest opportunity, the membership of the Conmdllec shall elect a Chaimmn and Vice Clsainnan from among thc incusbers. Officers' Icnns shall be for one (I) year, with eligibility for re-election. B) The presence of sc;':::~./t'~ ~six (6) or snore Jnembers shall constitule a quorum of the Committee necessary to take actioq and transact business. affirmative vote of a majority of thc members prcsc,a shall bc qcccssary in o~ Words underlined are addilloos, words str-laok-lilt4lugh are deletions. In addition, an APR lC 2001 Pg. action, except lha! an affinnalive vote of seven (7) or more members present shall be required to adop! the Budget for the Unit. C) The Committee shall, by majorily vote of thc cnlirc membership, adopt n~lcs of procedure for thc transaction of business aud shall kccp a rcculd of meetings, resolutions, ~ndings and dclcnniuations. SE~iON FOUR. Inclusion in Code o~Laws and Ordinances. The provisions of this Ordinance shall become aud be made a part oF thc Code of Laws and Ordinance o~ Collier County, Florida. The sections o~ thc ordinance may be renumbered or relettered to accomplish such, and the word "ordinance: may be changed to "section," "article," or any other appropriate word. SE~iON FIVE: ConVict and Scvcrability. In the event tiffs Ordinaucc couflicls with auy other ordinmmc oF Collier County or other applicable law, thc more t-cslrictivc shall apply. 1~ any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of compelent jurisdiction, such potion shall be deemed a scparale, distinct and independent provision and such holding shall not affect the validily of thc remaining portion. SE~iON SIX: Effective Date. This Ordinance shall become effective upon filing with thc Department of Stale. PASSED AND DULY ADOPTED by Ihe Board of County Commissioners of Collier County, Florida, this [ ~ _ day of~, 2000. ATTEST: DWIGHT E. BROCK, Clerk .... · .legal su~ciency: County Auomey UOARD OF ~C~UN'rY COMMISSIONERS COLLIE!~. COU'NTY, FLORIDA 2 t Words i,mlerll,e~.__ I are nddlllnns, words slroei~hrough are delellons. AGENDA ITEM NO. APR 10 2001