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Agenda 06/12/2001 R ,,......-...,, -- - COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ CLERK TO BOARD 4 rn FLOOR FP: 3 IND: 1 CY:O AGENDA June 12, 2001 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO TH.E 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 June 12, 2001 .- 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Tim Navin, St. Peter the Apostle Catholic Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended B. Approval of the May 8,2001 Regular BCC Meeting. C. Approval of the May 15, 2001 BCC/Affordable Housing Workshop Meeting. D. Approval of May 22, 2001 Regular BCC Meeting. 3. PROCLAMATIONS A. Proclamation proclaiming the week of June 9th through June 16th, 2001 as Collier County Homeownership Expansion Week. To be accepted by Greg Mihalic, HUI Director. (Sue Filson, Administrative Assistant to BCC) - B. Proclamation recognizing Collier County Emergency Management Director, Ken Pineau, as the recipient of the 2001 Governor's Hurricane Conference, Emergency Management Award. (Tom Olliff, County Manager) C. Proclamation proclaiming June 18-24 as Amateur Radio Week. To be accepted by Alex Randolph of the Amateur Radio Association. (Sue Filson, Administrative Assistant to BCC) 4. SERVICE AWARDS A. Five Year Awards: 1) Tanya Williams, Library 2) Donald Layman, Parks and Recreation 3) Thomas Nohl, Utilities Regulation Franchise B. Ten Year Award: 1) Laurie Behrens, EMS C. Fifteen Year Award: 1) Vickie Wilson, Parks and Recreation _. 2 June 12, 2001 .- D. Twenty Year Award: 1) Skip Camp, Facilities Management 2) Joseph Corbo, Road and Bridge 5. PRESENTATIONS A. Collier County Emergency Medical Services Phoenix Award Presentation. (Jeff Page, Director of Operations, EMS) B. Recommendation to recognize Brian Sansone as Employee of the Month for June 2001. (George P. Bradley, Director, Human Resources) 6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Ms. Lois Selfon, President, Von Liebig Art Guild regarding a fundraislng event called "Gators Galore". B. Mr. Robert Troesch regarding Collier County Students Working Against Tobacco (SWAT) Proposed Ordinance for Placement of Tobacco Products. C. Ms. Joy Lelonek, Executive Director, of United Arts Council of Collier County, regarding support for a County-Wide Cultural Needs Assessment and Strategic Plan. D. This item has been deleted. E. Mr. Jim Weeks regarding the City of Naples well field location In the Eastern Golden Gate Area. 7. BOARD OF ZONING APPEALS A. This item reauires that all DarticiDants be sworn in and ex Darte disclosure be Drovided bv Commission members. Petition VA-2001-AR-374, Todd and Lisa Mastro requesting a 1.7 foot after-the-fact variance from the required side yard setback of 7.5 feet to 5.8 feet for a children's playhouse for a property located at 5036 28th Avenue SW in Golden Gate City. (John Dunnuck, Interim Administrator, Community Development) 8. ADVERTISED PUBLIC HEARINGS - A. This item reauires that all DarticlDants be sworn in and ex Darte disclosure be Drovided bv Commission members. Petition PUDZ-2001-AR-348, Mr. Richard D. Yovanovlch of Goodlette, Coleman and Johnson, representing Goodlyn, LLC, requesting a rezone from "VR" Village Residential, "RSF-4" residential 3 June 12, 2001 - single family, and "C-4" General Commercial to "PUD" Planned Unit Development to be known as Goodland Gateway PUD allowing for 47 dwelling units and a mix of commercial retail uses for property located south side of Goodland Drive (C.R. 892), and west of Sunset Drive, in Sections 18 and 19, Township 52 South, Range 27 East, Collier County, Florida, consisting of 6.55 acres more or less. (John Dunnuck, Interim Administrator, Community Development) B. This item reQuires that all DarticlDants be sworn In and ex Darte disclosure be Drovlded bv Commission members. Petition PUDA-01-AR-531, Mr. Kevin Higginson, representing Transeastern Properties, Inc., requesting an amendment to the Bretonne Park PUD having the effect of reducing the minimum rear yard setback from 20 feet to 12 feet within Tract "J" for lots abutting a lake or golf course for property located North side of Davis Boulevard (SR 84) and opposite County Barn Road in Section 5, Township 50 South, Range 26 East, Collier County, Florida. (John Dunnuck, Interim Administrator, Community Development) - C. An Ordinance of Collier County, Florida, adding a new subsection (4) to Section 130-66 of the Code of Laws and Ordinances (Ordinance No. 80-47, as amended) making It a parking violation to park any boat launching vehicle on any public road right-of-way within one mile of a county park or other county facility that includes a boat ramp if the vehicle is not displayed a paid launch receipt or county permit to launch boats from that facility; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. (Leo Ochs, Administrator, Public Services) D. An Ordinance amending Section 126-83 of the Collier County Code of Laws and Ordinances, also cited as Ordinance No. 92-60, as amended, relating to the levy of a 2% Tourist Development Tax and an additional 1 % Tax throughout Collier County pursuant to the Local Option Tourist Development Act, Section 125.0104, Florida Statutes, as amended, providing for amendment concerning the use of tax revenues to expand the use of the 1% tax encompassing, but not limited It to the same uses as the 2% tax; changing the allocations of the 2% tax. Providing for conflict and severability; providing for inciusion in Code of Laws and Ordinances; and providing for an effective date. (John Dunnuck, Interim Administrator, Community Development) 9. BOARD OF COUNTY COMMISSIONERS A. This Item has been deleted. B. Confirmation of member to the Rural Lands Assessment Area Oversight Committee. (Sue Filson, Administrative Assistant to BCC). - 4 June 12, 2001 C. Appointment of 1 member to the Airport Authority. (Sue Filson, Administrative Assistant to the BCC) - D. Appointment of members to the Industrial Development Authority. (Sue Filson, Administrative Assistant to BCC) E. Appointment of member to the Housing Finance Authority. (Sue Filson, Administrative Assistant to the BCC) F. Appointment of members to the Educational Facilities Authority. (Sue Filson, Administrative Assistant to BCC) G. Appointment of alternate Commissioner to attend June/July Canvassing Board meetings in Elections Office. (Sue Filson, Administrative Assistant to BCC) 10. COUNTY MANAGER'S REPORT A. Authorize an impact fee waiver program for private not-for-profit agencies that provide health and safety related services. (Tom Olliff, County Manager) B. Request by Ocean Boulevard Partnership (Granada Shoppes PUD) to delay _ construction of East/West Connector thru Granada Shoppes PUD until completion of US 41 Highway Improvements and Proposed Intersection of EastlWest Connector with US 41. (John Dunnuck, Interim Administrator, Community Development) C. Authorize Chairman to sign negotiated agreements with WMI and IDC pursuant to the Board's direction on March 27, 2001. (Jim Mudd, Administrator, Public Utilities) D. Presentation of the 2000 Thirteenth Annual Citizens Telephone Survey by Fraser and Mohlke Associates Inc. (Chuck Mohlke, Fraser and Mohlke Associates Inc.) E. Recommendation to Award Bid No. 01-3201, Pump and Motor Repair for County-Wide Maintenance of Equipment. (Jo-Anne Varcoe-Leamer, Administrator, Support Services) 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT 5 June 12, 2001 A. Recommendation to approve settlement of Board of County Commissioners for Collier County v. Boyle Engineering Corporation, Case No. 98-4456-CA, ._ now pending In the Circuit Court for Collier County, Florida for $900,000.00 (David C. Weigel, County Attorney) 13. OTHER CONSTITUTIONAL OFFICERS 14. STAFF AND COMMISSION GENERAL COMMUNICATIONS 15. FUTURE AGENDAS A. Discussion regarding the display of Truly Nolen antique restored classic cars. (Due to time constraints, It is requested this Item be heard 6/12-Commissioner Coletta) B. Discussion of Airport Authority Capital Program. (Due to time constraints, It is requested this item be heard 6112-Commissioner Henning and Dwight Brock) --------------------------- 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) Adopt resolutions enforcing liens on properties for code violations. (John Dunnuck, Interim Administrator, Community Development) 2) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Naples Walk". (John Dunnuck, Interim Administrator, Community Development) 3) Request to approve for recording the final plat of "Naples Shopping Center" and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. (John Dunnuck, Interim Administrator, Community Development) 4) Request to approve for recording the final plat of "Island Walk Phase Six" and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. (John Dunnuck, Interim Administrator, Community Development) B. TRANSPORTATION SERVICES ,,..-.. 1) Approve Bid #01-3221, "Radio Road Beautification MSTU Roadway Grounds Maintenance". (Norman Feder, Administrator, Transportation) 6 June 12, 2001 .- 2) Approve ranking of firms for contract negotiations for the Haldeman Creek Basin Restoration Project, RFP #01-3216 (Project No. 31011 ). (Norman Feder, Administrator, Transportation) 3) Approve Work Order No. RCS-FT-01-02 with Better Roads Inc., for resurfacing a portion of Forest Lakes Boulevard, for the Forest Lakes Municipal Services Taxing Unit (MSTU). (Norman Feder, Administrator, Transportation) 4) Approve Change Order No.1 to Work Order No. WD-129 with Mitchell and Stark Construction Co., Inc., (Project No. 31803). (Norman Feder, Administrator, Transportation) 5) Approve a Resolution authorizing the Chairman to enter into a Landscaping Installation and Maintenance Highway Agreement with the Florida Department of Transportation (FDOT) within the Unincorporated Area of Collier County, Florida. (Norman Feder, Administrator, Transportation) 6) Approve a Resolution authorizing the Chairman to enter Into a Landscaping Installation and Maintenance Highway Agreement with the Florida Department of Transportation (FDOT) within the Unincorporated Area of Collier County, Florida. (Norman Feder, Administrator, Transportation) 7) Approve Petition TM 00-02 for the Neighborhood Traffic Management Project (NTMP) on Becca Avenue between Bayshore Drive and Pine Street (Project No. 66076). (Norman Feder, Administrator, Transportation) 8) Approve Contract Amendment No. 3 for Professional Engineering Services by Johnson Engineering, Inc., for Immokalee Road Construction Project, Project No. 69101. (Norman Feder, Administrator, Transportation) 9) Alternative Road Impact Fee Calculation for Self-Service Car Wash. (Norman Feder, Administrator, Transportation) 10) Award Work Order No. WD-077 to Mitchell and Stark Construction Co., Inc., for Lake Kelly Poplar Way Ditch Improvements (Project No. 31801). (Norman Feder, Administrator, Transportation) 11) Approve the acquisition of certain property Interest from Collier Development Corporation for Traffic Signal Equipment at the offset intersection of Enterprise and Transfer Roads with Airport-Pulling Road. (Norman Feder, Administrator, Transportation) 12) Approve staff ranking of firms for contract negotiations for design/bulld services for 13th Street SW Bridge, RFP #01-3223, Project No. 60012. (Norman Feder, Administrator, Transportation) .-' 13) A Resolution of the Collier County Board of County Commissioners authorizing the execution of a supplemental JPA for the purchase of one Paratransit Vehicle. (Norman Feder, Administrator, Transportation) 7 June 12, 2001 C. PUBLIC UTILITIES .- 1) Request approval to use funds from Waste Tire Grant for recycled tire material overlay on athletic tracks at Naples High School and Immokalee High School. (Jim Mudd, Administrator, Public Utilities) 2) To Award Bid #01-3214 for Backflow Cross Connection Program (Project No. 70881). (Jim Mudd, Administrator, Public Utilities) 3) Authorize funds for additional engineering services during construction of County Utility Relocations in conjunction with US 41 road widening from Myrtle Road to Old US 41, Projects 70047 and 70048. (Jim Mudd, Administrator, Public Utilities) 4) Accelerate construction of a segment of the North-South Reclaimed Water Interconnect in advance of Livingston Road Phase 2 Construction, Project 74012. (Jim Mudd, Administrator, Public Utilities) 5) Approve funding, waive contract dollar thresholds, and authorize the execution of agreements for engineering and construction services related to sewer Interconnects, Project 73076. (Jim Mudd, Administrator, Public Utilities) 6) Approve a Purchase Agreement for land required to re-align the Landfill Access Road (AlKlA White Lake Boulevard), Project No. 70054. (Jim Mudd, Administrator, Public Utilities) D. PUBLIC SERVICES 1) Award of Bid 01-3232 for the construction of Vineyards Elementary School parking lot expansion (Project No. 80013). (Leo Ochs, Administrator, Public Services) 2) Give approval for Resolution affirming two applications for two separate Grants from the Florida Fish and Wildlife Conservation Commissions, Florida Boating Improvement Program. (Leo Ochs, Administrator, Public Services) E. SUPPORT SERVICES - 1) Approve and execute documents necessary for the conveyance to Florida Governmental Utility Authority Water Utility Facilities located at the Golden Gate Sateillte Services Center. (Jo-Anne Varcoe-Leamer, Administrator, Support Services) 2) Approval of a Budget Amendment for Emergency and Unanticipated Expenditures for Building Maintenance. (Jo-Anne Varcoe-Leamer, Administrator, Support Services) 3) Approval of a Budget Amendment in the amount of $600,000 to fund claims in the Property and Casualty Insurance Fund through the 8 June 12, 2001 remainder of Fiscal Year 2001. (Jo-Anne Varcoe-Leamer, Administrator, Support Services) ..- 4) Approve staff's selection of real estate appraisal firms and the awarding of appraisal agreements in accordance with request for proposals (RFP) 01-3204 Real Estate Appraisal Services. (Jo-Anne Varcoe-Leamer, Administrator, Support Services) 5) Recommendation that the Board of County Commissioners award Bid #01-3219 "Purchase and Delivery of Fertilizer". (Jo-Anne Varcoe-Leamer, Administrator, Support Services) 6) Recommendation to award Bid #01-3210-Small Landscape Equipment and Small Equipment Parts and Service, and Associated Quotes. (Jo-Anne Varcoe-Leamer, Administrator, Support Services) 7) Recommendation to enter into a cooperative purchase master agreement with Office Depot Business Services Division for purchase/delivery of office supplies. (Jo-Anne Varcoe-Leamer, Administrator, Support Services) 8) This Item has been deleted. 9) Approve a Budget Amendment for the emergency replacement of the Judges Security and Card Access System in the Naples and Immokalee Courthouses (Project No. 80525). (Jo-Anne Varcoe-Leamer, Administrator, Support Services) F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #01-322; #01-327; #01-334. (Tom Oillff, County Manager) 2) Approve Termination of Collier County Interest & Sinking Fund (201) in Its Entirety. (Tom Olliff, County Manager) 3) Approve Termination of Collier County Capital Outlay Fund (196) in its Entirety. (Tom Olliff, County Manager) 4) Approve Termination of Collier County Water Management Fund (110) In its Entirety. (Tom Olliff, County Manager) H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS 1) Request for Board approval for payment for Commissioner Carter and Coletta to attend the American Specialty Contractors of FL Annual Installation Dinner. (Sue Filson, Administrative Assistant) 9 June 12,2001 2) Request for Board approval for payment for Commissioner Carter's Attorney/Client dinner meeting at Collier Athletic Club regarding Beach Rocks mediation. (Sue Filson, Administrative Assistant) 3) Request for Board approval for payment for Commissioner Carter to attend Latin American Business and Professional Association Scholarship Gala. (Sue Filson, Administrative Assistant) 4) Request for Board approval for payment for Commissioner Coletta to attend Latin American Saboor. (Sue Filson, Administrative Assistant to BCC) J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. (Sue Filson, Administrative Assistant to BCC) K. OTHER CONSTITUTIONAL OFFICERS 1) Present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 2001-2002. (James L. Mitchell, Director of Finance and Accounting) L. COUNTY ATTORNEY 1) Agreements with Ford Motor Company and Collier County Veterans Council, Inc., for Veterans Transportation Services. (David C. Weigel, County Attorney) 2) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel 248 in the Lawsuit Entitled Collier County v. Jose Alvarado, et al., (Golden Gate Boulevard, Project No. 63041). (Norman Feder, Administrator, Transportation) 3) Request by the Collier County Industrial Development authority for approval of a Resolution authorizing the authority to Issue revenue bonds to be used to Finance Educational and Social Services Facilities for Redlands Christian Migrant Association. (David C. Weigel, County Attorney) 4) Approve the agreed order awarding expert fees, attorney's fees and costs relative to the Easement Acquisition of Parcels 105A and 105B in the Lawsuit entitled Collier County v. Marianne I. Bendott, et aI, Case No. 92- 2045-CA (Radio Road Project No. 65031). (Norman Feder, Administrator, Transportation) 5) Approve the agreed order awarding expert fees relative to the Easement Acquisition of Parcel 2- T in the Lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust dated June 5, 1986, et aI, 10 June 12, 2001 Case No. 99-304o-CA (Livingston Road, Project No. 65041). (David C. Weigel, County Attorney) .- 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. This item reQuires that all DarticlDants be sworn in and ex Darte disclosure be Drovlded bv Commission members. PE-2001-AR-467, Cindy Penney of PMS, Inc., of Naples, representing Krehling Industries, Inc., requesting a parking exemption for an off-site parking for the Krehllng Industries site on East Wiggins Pass Road. (John Dunnuck, Interim Administrator, Community Development) B. Approve Repeal of Collier County Ordinance 86-40 that established the North Naples Roadway Municipal Services Taxing and Benefit Unit In its entirety. (Michael Smykowski, Director, Office of Management and Budget) C. Approve Repeal of Collier County Ordinance 80-43, The Goodland Water Municipal Services Taxing District, In Its entirety. (Michael Smykowskl, Director, Office of Management and Budget) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT n4-8383. 11 June 12, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 12.2001 MOVE 10(B) TO 16(A)5 with the followinQ stipulation: An approval action shall be limited to the postponement of the reQuirement to construct the east/west road to 150 days followinQ the issuance of the first Certificate of Occupancy which commences with the date of September 17. 2001. Request by Ocean Boulevard Partnership (Granada Shoppes PUD) to delay construction of EastlWest Connector thru Granada Shoppes PUD until completion of US 41 highway improvements and proposed intersection of EastlWest Connector with US 41 (Staff request.) ADDITION TO ITEM 10(D): A proclamation in recoQnition of the leaQue of Women Voters for their outstandinQ contributions to Collier County and the Annual Phone Survey. Presentation of the 2000 Thirteenth Annual Citizens Telephone Survey by Fraser and Mohlke Associates, Inc. (Staff request.) ITEM 10E: Petitioner reQuests that this item be heard at 1 :30 p.m. Recommendation to award Bid No. 01-3201, Pump and Motor Repair for County-Wide Maintenance of Equipment. ADD ITEM 12(B): Approve settlement agreement between Collier County and the Strand Development Corporation for delinquent road impact fees relating to golf course development. (Staff request.) MOVE: ITEM 16(B)9 TO 10F: Alternative Road Impact Fee Calculation for self-service car wash. (Staff request.) DELETE: Item 16(E)7 - Recommendation to enter into a cooperative purchase master agreement with Office Depot Business Services Division for purchase/delivery of office supplies. (Staff request.) CONTINUE: May 22.2001 ITEM 16(A)5: Continued to June 12. 2001 and is further continued to June 26. 2001 meetinQ. Staff review and recommendations relative to Ordinance No. 95-68, as amended, also known as Airport Plaza PUD, which according to the required PUD Status Report submitted by the Property Owner/Agent, has not commenced construction, as defined in Section 2.7.3.4 of the Collier County land Development Code, resulting in several possible courses of action for the Board of County Commissioners to consider. (Staff request.) ~ PROCLAMATION WHEREAS, th~ Boord of County Commissioners of Collier County supports hom~DWnership opportunitiu for all citizens of Colli~r County; and, WHEREAS, th~ Board of County Commissioners of Collier County supports housing assistanc~ to ~ry low and low incom~ familiu: and, WHEREAS, th~ Boord of County Commissioners of Collier County works c()()perati~1y with other public and privat~ sector organizations to creat~ an ackf/UtJt~ supply of ckc~nt, saf~, sanitary, and affordab/~ housi of Colli~r County: and, ,---- WHEREAS, ",~r County recognizu ': ",triu in th~ word of its peop/~. and opened to BOARD OF COUNTY COMMISSIONERS COl.J..IER COUNTY, FLORIDA JAMES D. CARTER, Ph. D., CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK AGE~~ . TEM No. _ JUN 1 2 2001 ",,-- Pg .-' PROCLAMATION Whereas, Collier County Emergency Management Director, Ken Pineau was nominated for the 2001 Govemor's Hurricane Conference, Emergency Management Award; and, Whereas, this award is presented to the individual whose primary responsibilities are in emergency management for outstanding progress and accomplishment in the field of hurricane preparedness, planning or research in the State of Florida; and, Whereas, Ken Pineau has been named as the recipient of this award in recognition of hi~"J/.i pes in managing the Emergency ./...;::;"\k}<' ..;t ){, ;.---.; ManagefTl~t. '.', w: and, :y~:u Whereas, ,'the com'J:~~; i17cy Management ; Colliereoriitr, 'and hiS I mmitment, not ,;,. . .:'_~~'_::'::,;-,,_''':'' ..F~ .. ... .._,":_.,/:. ';:'. _ . ~~-- _' ...--->'tt~ ,<Collier O~4':btif"'.'(),fl'Jei~nt!re,!lat ., a, have been ;_",.,:>-, .,_.:"'_U '--._".,_,0",,:,"" ,.,~ ..' rdinary, partig.1/arlyh;S~ff()ttstt!..~co participation 'entities g,ev;ry t"ainil]g '~n~:!~~gJse 0 , and under dersh;p,.the,~nfjre~LJtfJY(est region has been ed into an area 'W!Vl progressive Em anagement "t. (. .::. -..<,'l_...:.; :.,;. -: ':.:-:"::.", -- <''''''';\:~<''>-;~~::,;':' '(;' ;~ 4.';;'.".0'.. ,~.. .("'<- ;>; . '~,-'.' ." applauded for his oatstand . ane preparedness and congratulated a e coveted 2001 Govemor's Hurricane Conference, Emergency Management Award. DONE AND ORDERED THIS 12TH Day of June, 2001. COMMISSIONERS ~ Dwight E. Brock, Clerk man N~~:N36U~ JUN 1 2 2001 \ Pg. .~ ATTEST: PROCLAMATION WHEREAS, there are more than one hundred licensed Amateur Radio Operators residing in Collier County, Florida, who, from time to time, have demonstrated their value in public assistance by providing public service and emergency radio communications; and, WHEREAS, the Amateur Radio Operators donate these services free of any charge to local government or the citizens assisted by such services; and, WHEREAS, these Amateur Radio Operators are on alert for any emergency, local or worldwide, and practice their radio communication skills during the American Radio Relay League, Inc., Field Day exercise; and, WHEREAS, Field Day is an annual 24-hour Amateur Radio communications event held nationwide by Amateur Radio Operators to practice technical and operational skills, ~?~,~~il' ~ncy preparedness of local radio amateur~;''f'ait~ -'.',.': .' :~ed as a community service to t~6eJ!t~i!ri() ~rests of the health and welfqre:~fctt;\eJ'esidents ot,;;P.": '~ ,<,~,i( ,&,:;::.' yd ;i1?f~naf(onal (~C~i~j~~~Pl!!'ty )'Nn .;.,illtake plci~on .1une.23QN;f~&4,. .. .};' ...... ''': ';"" /;>"~,i:':'~',,,~i> NOW THEREFOR;~>,. itproclaim~ciOytheBoar~'o~;!:~to/ Co Cou~, Rc>t"ida, that the week ofJiJne.t8~'24, 200 .:., \C'" ..\.~.. .:: ., ..,/. ;'... < :. -~ rs of Collier ignated as WHEREAS, ~"[EUR R~~4) ~EEK "":~,':';',:,..,;,,:,:,-' ::'1\;:- ". .,' >-( .', ,:::t~ X:~th darPf,J'une 2001. James D Carter, Ph.D., Chairman ATTEST: AGEtJ~FM No. ( ./ .- Dwight E. Brock, Clerk JUN 1 2 2001 Pg. l I EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE BRIAN SANSONE, AS EMPLOYEE OF THE MONTH FOR JUNE 2001. OBJECTIVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the County. CONSIDERATIONS: Brian Sansone has been a valuable employee for Collier County since 1983. Brian has many special forms of recognition for extraordinary service from working at Government Days, to the exceeding customer's expectations with his kind, willing customer service. Brian is currently working for the Collier County Locate Department. He performs several water and wastewater locates daily with accuracy and professionalism. This ensures the integrity of Collier County's Utilities infrastructure, and prevents thousands of dollars of cost to repair damaged utilities and loss of service to customers. Brian's combination of experience, hard work, dedication, and positive attitude is truly an asset to this department and a benefit to Collier County. FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Brian Sansone, be recognized as the "Employee of the Month" for June 2001. I) PREPARED BY: ~ ~ DATE: -SPI/,;1 Dawn Ragone, nior Secretary, Human Resources Department APPROVED BY: )11 A/!4~_ .'j;'I-/{x'-?' DATE: .5;;' 1t!1 eorge . Bradley, Human Re urces Director ..--- N AGENDA ITEM 0._ ::;.0- JUN 1 2 2001 2gJ- COLLIER COUNTY MANAGER'S OFFICE June 4, 2001 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Ms. Lois Selfon, President Von Liebig Art Guild 585 Park Street Naples, FL 34102 Re: Request for Public Petition Regarding a Fundraising Event called "Gators Galore" . Dear Ms. Selfon: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 12, 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, ~ Thomas W. Olliff County Manager ~ TWO:jeb cc: County Attorney John Dunnuck, Interim Administrator C.D.&E.S. Michelle Arnold. Code Enforcement Director AGEND~I~ No. I JUN 1 2 2001 I Pg. RECEiVED C::,:::'P" .......... ".; r~ The van Liebig Art Guild ACT:ON FiLE: Naples Art Association J l; I t L: t '.J Ui ....-.. ,-. '--"- -,-~ -- ......- June 1, 2001 RECEIVED JUN 0 4 2001 The Board of County Commissioners Collier County 3301 East Tamiami Trail Naples, Florida Board of County COIIlIiss1oners To the Board of County Commissioners: The Boys and Girls Club and the von Liebig Art Guild of the Naples Art Association respectfully request to be heard during the public petition portion of the BCC Meeting scheduled for June 12th. We are petitioning to be heard regarding a fundraising event taking place January through April, 2002. This event called "Gators Galore" will include an estimated 50 fiberglass alligators, approximately 5 feet long, hand painted by well known local, national and international artists and exhibited in and around Naples on private property and public locations. Following display during next season, they will be auctioned off at gala to raise funds for our two organizations and a cooperative program aimed at arts and children. We look forward to explaining our intentions and hope to count on your support and input. .- President von Liebig Art Guild No~GE ?t Jt-M JUN 1 L 2001 Pg. A 585 Park Street. Naples, FL 34102 . (941) 262-6517 · Fax: (941) 262-5404 Gators Galore Presented by the Boys & Girls Club of Collier County and the yon Liebig Art Center/ Naples Art Association Gaton Galore is a public art event occurring from January 2002 - April 2002, in the greater Naples, Florida area. This community-wide initiative celebrates Naples' heritage by showcasing emerging and established artists, supporting tourism, and promoting business partnerships. Scope: 50 painted, fiberglass alligators placed in strategic areas of heavy traffic and pres- tige in Naples, for approximately four months. Areas include 5th Avenue, 3rd Street, Waterside Shoppes, Venetian Village, CoastJand Center, Naples pier, hotels, banks, retail locations, investment companies, law firms, restaurants, residential developments, etc. Gators will be made out of a fiberglass/polyester mix material and molded into two different designs. The design height would be approximately 6' with a width of2'-3'. The gators will be mounted on a 300-lbs. base, which will serve as the stability anchor, theft deterrent, and area for patron/artist plaque to be placed. The gators will be painted! decorated by an artist, with each being unique and different, yet governed by a set of stan- dards established by the Gators Galore committee. Patrons (individuals and businesses) will be sought for each gator. Each patron will have the choice of placing the gator at their site of business or an acceptable location deter- mined by the Gators Galore committee (sidewalk in front of restaurant, lobby of bank, foot of Naples pier, etc.) Each gator will be on public display from January 2002 - April 2002 with the culmination of the event to be a casual gala where the painted gators would then be auctioned off to the highest bidder. Patrons will be afforded an enormous amount of publicity through their involvement with this fabulous event. Before, during, and after the display time, promotions will be held to tout the gators to our tourists and residents. "Gator Locator" maps and "Gator Sightings" tours will be established to promote the patron businessesllocations of all of the gators. Promotions and wrap around events include a gator given to a local school to decorate, raffle for gator, contests, and a post-event calendar. Time Frame: Patron Sales Patron Artist Selection Arrival of unpainted gators Completion of decorated gators Launch & Placement of gators Display Period Auction/Gala May 30 - July 15,2001 October 1 - 31,2001 November 1,2001 December 31, 200 1 January 10, 2002 January 10,2002 - April 15, 2002 April 10,2002 (tentative date) --, AGE No. JUN 1 2 2001 Pg. &- COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 May 29, 2001 Mr. Robert Troesch Tobacco Prevention Coordinator Collier County Health Department 3301 East Tamiami Trail Naples, FL 34112 Re: Request for Public Petition Regarding Collier County Students Working Against Tobacco (SWAT) Proposed Ordinance for Placement of Tobacco Products Dear Mr. Troesch: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 12,2001 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 concem 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 "P') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Thomas W. Olliff County Manager TWO:jeb cc: David Weigel, County Attorney John Dunnuck, Interim Administrator CD&ES Michelle Arnold, Code Enforcement Director .--- No~GE t;~ JUN 1 2 2001 Pg. / Jeb Bush Governor ~i? ~ : . - "_ "to ,_. ~. '\ Bijt\.~~;l Robert G. Brooks. MD. Secretary May 1,2001 r-.:l 0 = c.;:I GCI - Mr. David Weigel :;l!: CI'l :P" z~' Collier County Attorney -.c ~B I -<rn Government Complex ~O 3301 East Tamiami Trail -0 --l -n Naples, FL 34112 0---. ::OJ: ~ 2fT", Dear Mr. Weigel: if ~ f'~ Attached is the proposed ordinance for placement of tobacco products created by Collier County Students Working Against Tobacco (SWAT) and supported by the CoUier County Tobacco Free Partnership. As part of the effort of our youth to educate their peers and the community about the dangers of tobacco use, they are requesting an ordinance be approved by the Collier County Commission requiring all tobacco products be placed behind the counter in retail stores. The youth feel that the requested placement will reduce theft of tobacco products as well as reduce the addiction rate of minors. This will not affect the availability of tobacco products to adults. Knowing that 8~,Io of people who use tobacco products begin before the age of 18 and that tobacco companies have, for decades, targeted youth with their advertisements and promotions, this proposal is presented to limit availability of tobacco products to young people. Please review the proposal for inclusion on the May 22, 2001 Collier County Commission agenda. With your approval, we win have the SWAT youth available to present this to the Commission on May 22. Sincerely, 1'\ ~~cI,-- Robert Troesch Tobacco Prevention Coordinator Collier County Health Department 732-2672 NO~GEN?;~M JUN 1 2 2001 pg. :J.-. Collier County Health Department 3301 Tarniami Trail E. Bldg. H Dr. Joan M. Colfer, Naples. Florida · 34112-4961 M.D., M.P.H., Director Telephone (941) 774-8200 Mailing Address: Post Office Box 429 Naples, Florida · 34106-0429 Collier County 1:i Health " Department C_...C_H_,~ T4'.WrH_"'OurC~ AN ORDINANCE OF COLLIER COUNTY, FLORIDA; TO BE ENTITLED MERCHANDISING OF TOBACCO PRODUCTS IN COLUER COUNTY; PROVIDING FOR FINDINGS OF FACT, , INTENT AND DERNITlONS; PROHIBITING PLACEMENT OF TOBACCO PRODUCTS IN OPEN DISPLAY UNITS DIRECTLY ACCESSBILE TO THE PUBLIC; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ENFORCEMENT; AND PROVIDING FOR AN EFFECTHVE DATE. WHEREAS, the Florida Legislature hu enacted laws, located in Chapter 589, Florida Statutes, that provide for increased .-guidon of the retail ..Ie of Mbacco products; and WHEREAS, WITHIN chapter 589, Florida Statutes, the Florida Legislature has provided for civil, administrative, and/or criminal penalties for the sale of tobacco products to a person under the age of 11 and for the pos....ion of such fDb8cco products under the age of 1'; and WHEREAS, the State of Florida has entered into a settlement ag.........nt with the tobacco Industry for biUlons of dollars to reimburse the Sta18 for some of the health care costs incuned by the State due to the prevalence of tobacco u..; and WHEREAS, the settlement agreement between the State of Florida and the tobacco industry provides for a pilot program which is aimed specifically at the reduction of the use of tobacco ptOducts by persons uncler the age of 1'; and WHEREAS, the United States Surgeon General and the United States Department of Human Health Services have found that a majority of those Americans who dies of tobacco related diseases became addicted to 'tobacco products prior to ruching the legal age of consent; and WHEREAS, the Board of County Commissioners to CoUler County, Florida along with the citizens of CoUier County are concerned about the UN of tobacco ptoducts by persons under the age of 1'; and - WHEREAS, the Board of County CommIssioners of Collier County, Florida believes that a reduction in the availabUity, both visuaUy and physically of tobacco products to persons under the age of 1. will Dbly lead to a nKfuction in tobacco ~ use by that age group; and WHEREAS, the Board of County Commissione,. of Collier County, Florida ftnds that the customary business practice of selling cigars and pipe tobacco (also known as specialty fobecco sfoI'es) allows access to physically touch and .....11 those products prior to purchase, and the sale and delivery of cigars and pipe tobacco is exempt from certain provisions of Chapter Ht, Florida Statutes; and WHEREAS, the Board ~ County Commissioners of CoIHer County, Florida finds that pursuant to Chapter 589, Florida Statutes, speCifically tobacco ptoducts sfonts are required to post sJgns prohibiting the sale of tob8cco products to persons under 11 years of age; and N:GEN't! 'l3"Tr' JUN 1 L 2001 b Pg. - WHEREAS, the Board ~ County Commissioners of Collier County, Florida finds that specialty tobacco sfonJs, as defined in this ordinance, are not typically patronized by persons under 11 y..... of 8ge; and WHEREAS, Chapter SS9, Florida Statutes, does not prohibit local govemment from regulating the placement and merchandising of mbecco productJJ; and WHEREAS, the United States Supreme Court has held in VIllage of HoIrman Estates v. Fllpslde, Hotrman EstaNs, Inc.. 455 U.S. 489, 102 S.Ct 1116, 71 L.Ed.Zd 362 911 HZ, that ordinance. that regulate the commercial marketing of items that may be used for illegal purposes does not violate the First Amendment; and WHEREAS, the Board of County Commissioners desires to regulate the placement of tobacco products as it is In the best interests of the public health, safety and welfare. NOW, THEREFORE. BE IT ORDAINED by the Board of County Commissioners of Collier County, Flonda, that: SECTION '1 RECITALS The foregoing recitals are true and correct and Incorporated herein by reference as findings of fact and eonclusions of law. SECTiON 2 INTENT This Ordinance is intended to prevent the sale or delivery of tobacco products to persons under the age of 11 by regulating the commercial marketing and placement of such products. This Ordinance shall not be interpreted or construed to prohibit the sale or delivery of tobacco products which are otherwise lawful or regulated pursuant to Chapter 519, Florida Statute.. SECTION 3 DEFINITIONS For the purpose of this Ordinance. the following tenns shall mean: Vendor means any individual. sole proprietorship, joint venture, corporation, partnership, cooperative ..sociation, or other legal entity licensed as a dealer in tobacco pIOducts pursuant to Chapter 569, Flottda Statut.., and any employee or agent of said dealer. Tobacco Ptoduct means loose tobacco leaves, and products made from tobacco leaves, in whole or In part, which can be used for smoking, sniffing or chewing, including but not limited to cigarettes, cigars, pipe tobacco. snuff or smokeless tobacco, and chewing tobacco. Tob8cco product also includes cigarette wrappers. - NO~GENDO IbM JUN :... 2001 Pg. Specialty Tobacco Stont means an establishment primarily In the business of ..Ding cigars and pipe tobacco. Open Display Unit means a case, rack, shelf, counter, table, desk, kiosk, booth, stand. or other surface which allows diNCt public access to the product placed therein. Restricted Access Area means an area reasonably physically confined with access designated by the vendor.. limited to the vendor SECTION 4 Placement gf Tobacco Products in Ooen DisDlay Unit. No vendor shaH place tobacco products in an open cMspIay unit un.... such unit is located in a 18StI1c:ted acc... area. SECTION I EXCEPllONS. The provisions of this ordinance shall not apply to the following: (a) An establishment that prohlbit8 persons under 18 y..... of age on the premises. (b) Specialty tobacco stores. SECTION 6 ENFORCEMENT. The provisions of this Ordinance shall be enforced by any procedure pennitted by Chapter 162, Florida Statutes or other applicable Florida Law. SECTION 7 TERRITORY EMBRACED. The provisions of this Ordinance shall apply to all areas of Collier County Including tho.. areas within the incorporated municipalities of the County. SECTION S EFFECTIVE QAIS. This Ordinance shan take effect upon its being filed with 24 the Department 01 State of Florida. NO~GEND~Itf' JUN 1 2 2001 S- Pg. ..-.' COLLIER COUNTY MANAGER'S OFFICE June 1, 2001 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Ms. Joy Lelonek, Executive Director United Arts Council of Collier County 501 Goodlette Road #A210 Naples, FL 34102 Re: Request for Public Petition Regarding Support for a County-Wide Cultural Needs Assessment and Strategic Plan. Dear Ms. Lelonek: Please be advised that you are scheduled to appear before the Collier County Board of . Commissioners at the meeting of June 12, 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, \ Thomas W. Olliff County Manager lWO:jeb cc: David Weigel, County Attorney ~. AGE A ITEM No, (p ~ JUN 1 2 200t Pg, I ....,--+-/) l~ I RECEIVED COUi~Ti A8:.m~:STRhTCn3 OFrlCE ~~n~ United Arts Council of Collier County MAl ~ 1 ZUOi ACTimJ_~e( Il'~ ., 1/IOtd f-t8f19: FiLE May 30, 2001 Mr. Tom Olliff, County Manager Collier County Government Offices 3301 E. Tamiami Trail Naples, Florida 34112 Dear Tom, The United Arts Council of Collier County requests to be heard during Public Petition at the meeting of the Board of Collier County Commissioners on June 12,2001. We are petitioning to be heard regarding support for a county-wide cultural needs assessment and strategic plan. If you have any further questions or comments, please contact me at 263-8242. Thank you for your consideration. Sincerely, ~~ Joy Lelonek Executive Director ,...-. AGEN A EM No, The State Designated Local Arts Agency for Collier County SOl Goodlette Road. #A210. Naples, Florida 34102. (941) 263-8242. Fax: (941) 26 38.ftg. Email: artalive@naples.net . Website: www.naples.net/presents/uac JUN 1 2 2001 :J- COLLIER COUNTY MANAGER'S OFFICE May 17, 2001 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Jim Weeks 1620 Desoto Boulevard North Naples, FL 34120 Re: Public Petition Request Regarding the City of Naples Wellfield Location in the Eastern Golden Gate Area Dear Mr. Weeks: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 12, 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, I ~ \~~ Thomas W. Olliff County Manager - ~'" TWO:jeb cc: Commissioner Jim Coletta County Attorney N AGE 6JTEM o. ue JUN t 2 200t Pg.~ EXECUTIVE SUMMARY PETITION VA-2001-AR-374, TODD AND LISA MASTRO REQUESTING A 1.7-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 7.5-FEET TO 5.8-FEET FOR A CHILDREN'S PLAYHOUSE FOR A PROPERTY LOCATED AT 5036 28TH AVENUE S.W. IN GOLDEN GATE CITY. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a side yard variance in the "RSF-3" residential single family district while maintaining the community's best interest. CONSIDERATIONS: The applicants' residence is located on a corner lot property. According to the Land Development Code (LDC) corner lots are considered to have two front yards and two side yards. The applicant built a children's playhouse on the back of their residence with a 5.8-foot setback from the property line. The LDC requires a minimum of 7.5-foot side yard setback for all structures over 30 inches in height, with a few exceptions. The Fire Code, as well as the LDC requires a 10-foot separation between any two structures. For this reason the structure cannot be moved any closer to the residence to provide the required side yard setback of 7.5-feet. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this project. 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 surveyor Waiver of Historic and Archaeological Survey & Assessment is required. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ~Jr JUN 1 2 :001 ,- 1 pt. / - PLANNING SERVICES STAFF RECOMMENDATION: There is technically no land-related hardship; however, the structure in question is only a playhouse to be used by the applicants' three kids. This playhouse replaces another one in the same exact location that existed for a number of years with no known negative impact to the neighborhood. Therefore, Planning Services staff recommended that the CCPC forward Petition VA-2001-AR-374 to the BZA with a recommendation of approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was not required to be heard by the Environmental Advisory Council. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning commission reviewed VA-2001-AR-374 on May 3, 2001 and by a 5-1 vote recommended that the Board of Zoning Appeals approve this petition. A Planning Commissioner, who voted against this petition, stated that there was no land related hardship to justify a variance approval. PREPARED BY: ~r-V1k.-- ~~~~- CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER c?e l SI ..) DATE REVIEWED BY: ~/) ~4/ s'USAN MURRAY, AICP INTERIM CURRENT PLANNING MANAGER J-fJ-O! DATE ~ 21tJ THOMAS A. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR 5-/$'-01 DATE APPROVED BY: sJ ~ (0 I M. DUf\JNUCK, III, INTERIM ADMINISTRATOR DATE UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ~It JUN 1 22001 2 PI. ~ . . e - ,,4 AGENDA ITEM 7-D ) ./ MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: APRIL 16. 2001 SUBJECT: PETITION V A-2001-AR-37 4 AGENT/APPLICANT: OWNER: Todd and Lisa Mastro 5036 28th Avenue S.W. Naples, FL. 34116 REQUESTED ACTION: The petitioner requests a 1.7-foot after-the-fact variance from the required side yard setback of 7 .5-feet to 5.B-feet for a children's playhouse. ) / GEOGRAPHIC LOCATION: The subject property is located at 5036 2Bth Avenue S.W. in Golden Gate City and is further described as Lot 6, Block 245, Golden Gate Unit 7, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The applicants' residence is located on a corner lot property. According to the Land Development Code (LDC) corner lots are considered to have two front yards and two side yards. The applicant built a children's playhouse on the back of their residence with a 5.8-foot setback from the property line. The LDC requires a minimum of 7.5-foot side yard setback for all structures over 30 inches in height, with a few exceptions. The Fire Code, as well as the LDC requires a 10-foot separation between any two structures. For this reason the structure cannot be moved any closer to the residence to provide the required side yard setback of 7.5-feet. AGEN>A . ~:::a. JUN 1 22001 Pi. ",,? - ~ l - ~ ~.., . . ~ z Il- wQ ~tc ~ iio %: 9 I .. L&J I I- - __J en (l> I~ .. 0 .. ,.. If) I IllI: . I - o o N I . :. ...... QL "'" / --- - -- I I 1 - I ~ z e ~ ~ 0 e e j:: 5. a. Df! ; I j:: - ..~ !! ;i ::!;i - 1Il - III 3! N II L I ~ I I ; ~ ~ ~ II <<: \ e ; ; i! ~ t i e ; ~;~ E~ BIl N;i ~ II! E:; II! II II!; "I! ;: "i I ;i~ ::l ;i lIiI I 'I ll- I I I 11\ I )1 ;1 ~ l5z a OW_ /BfTJO:) 'N'V":J w2 %: ...,tc e~ ~o =1' ml ~: 1111 ; e w I ~ 1L.9 ~ ;~I Z B D_ Ell I.... ~ I~E r I"P / II "II!- ~ =i ~ =i C ~ ~ ~ tl I:; 'I- II! T.. II 0 'i l:l ~ ::r 't ~ I I I I i JJ II - ~ "i 5 I ~ il~ ~ ~ I ~r:I ~ ~ Z =' ~jl ;~~ I~ I~~ U ;;1 ~;Il II . ~Il~ i r-~ ~ I; I~ ~ ~II 0 -IBi . Iii ~ I -Iii I a N Cl lIiI ~ 1 I!! -J ~I I _i! ..,- I; 1- ~ I, OW~ w001 r i i 11/ CI ~ I _.~ 5 il! ow~.... ~ , ::: :;~I~ ~ OWIoTlflM ...- ~.1NY1; Il e e ~ ,I I I~ \ ti -MI: ., t"T ~I I i:l 50; 5 II " 1~1J i . I; ~ ; i lil;i lIiI = i ~ ~ ~ II I ~~ I I ~ ~N 1 22001 ...J I I -;lI~ ~ J/ '" - J.J. 'I'.u:M3.lNI . . e SURROUNDING LAND USE AND ZONING: ) Subject: Single-family residence, zoned RSF-3 50th Terrace ROW, single-family residence, zoned RSF-3 Single-family residence, zoned RSF-3 Single-family residence, zoned RSF-3 28th Ave. SW ROW, single-family residence, zoned RSF-3 Surrounding: North- East - South - West- HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: ) 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved?- No, there are no special conditions or circumstances with the land; however, the encroaching structure is only a playhouse for the children and not a habitable structure or a storage shed. 2. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? AGENDAj{EM No.~H'" J\:J N 1 22001 ) 2 /' pt. 6 .- & ( .- ( No, the applicant built the encroaching structure. Had they known about the County setback requirements, they could have built a playhouse in compliance with the required setbacks. 3. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? In order to bring this playhouse into compliance with the provisions of the LOC, the structure must be removed and rebuilt with a different floor plan. It is not possible to remove a apportion of the structure while keeping the rest of the structure in place. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? The existing residence is a reasonable use of the land. However, the requested variance will be the minimum required to keep the playhouse on the property and legally remove the existing encroachment. 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller side yard than that which would be permitted for similar residential properties. 6. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, the granting of this variance will reduce the amount of the required yard. However, the structure in question is only a children's playhouse and not an extension of the residence or an accessory structure such as a storage shed. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No, there are no natural or physically induced conditions to mitigate the visual impact of this encroaching structure. 8. Will granting the variance be consistent with the Growth Management Plan? 3 :'!l& JUN 1 22001 PI.~ . . e Approval of this variance will not affect or change the requirements of the Growth Management Plan. ) EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is technically no land-related hardship; however, the structure in question is only a playhouse to be used by the applicants' three kids. This structure will probably be removed after the kids reach a certain age. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2001-AR-374 to the BZA with a recommendation of approval. PREPARED BY: ~Yl?I Vv-- ~~~~ CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER 4/ /7/t? I DATE ) REVIEWED BY: ~~ 9USAN MURRAY, AICP INTERIM CURRENT PLANNING MANAGER otlj1/01 ~~1U THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR ././/Pjt7J DAtE 4 A/;EK)A Il'EM No.~ ./ JUN 1 22001 pc. '1 ,~ & ( (~ l APPROVED BY: j 9'/27'/6 / JO M. DUNNUCK III DATE INT RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES AD INISTRATOR Petition VA-2001-AR374. This petition has been tentatively scheduled for June 12, 01, BZA Public Hearing. Collier County Planning Commission: 5 ~ JUN 1 22001 pt. K' . RESOLUTION NO. 01-_ RELATING TO PETITION NUMBER V A- 2001-AR-374, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. ) WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of . the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 1.7 -foot variance from the required side yard setback of7.5 feet to 5,8 feet as shown on the attached plot plan, Exhibit "A", in a RSF-3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7,5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and ) WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW TIiEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition VA-2001-AR-374 filed by Todd and Lisa Mastro, with respect to the property hereinafter described as: Lot 6, Block 245, Golden Gate Unit 7, as recorded in Plat Book 5, Page 135 of the Public Records of Collier County, Florida be and the same hereby is approved for a 1.7-foot variance from the required side yard setback of 7,5 feet to 5.8 feet as shown on the attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said property is located, subject to the following conditions: 1, This variance is for the encroachment shown on Exhibit "A" only. Any other encroachment shall require a separate variance. BE IT RESOLVED that this Resolution relating to Petition Number V A-2001-AR-374 be recorded in the minutes of this Board. -1- N'JEH)A J1'EM No. ,A... ) ~UN 1 22001 Pi. c; e ,- t. This Resolution adopted after motion, second and majority vote. Done this _ day of ,2001. A TrEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph,D., CHAIRMAN Approved as to Form and Legal Sufficiency: Tr)r/( ~'I AA. -r;ji (!;:brute/it MaIjorie(M. Student Assistant County Attorney G:NA-2001-AR-400 ICB/cw .-- ( /t.GEJoCA IrEM No.~ A: ~UN 1 22001 /~ Pal. - l -2- . '" '" ~~l ~~~ ~l'l8 ~:!l ~ .8 ~ ".8 i:' ~~." ~8~ . 'F ~~ ~ Q> ~ ~ ~ t: '-~, V\ ~. 8, '" I'". '." "'~ i::~ ~ ~ ~ ~i '-~ ~ 01. "!. "Q ~.., '" '" ~ ~~ :z: i~ ~ ~i ~ si g ; " " ~ "' '" l;:~ ;::: ~~ ;::: i:. ~ :g '" '" "',I-;. ." ~ . 0"''''< ~~. 8: ~ rn" ..... ..-flo8 \.o.I::a:r-- ~ 8 ~.~ -c;~.:... ..."'..., 8~" ...0 >0 e ......",--lIly --... . ........ - '" ~ ~~; i~i !~ ~i !i i~1 0 ~~~ ~~~ ~~ i~ i~ ~a ~ ~xe;>>~ ",,,, ~i ~~ ~i vi ~~ 2~ i~ ~E -~ ~ z ~~~ IE 8~ ~~ ~'" '" 0 ..,'" ~ . i ~~ M o;~~ "'~ ~~ ~~ ~ ~i Vl ~ ~i ~~ ~i ~ ~~ ~ ~~ j~:i ~ ~~ ~ ::c ~ ~ >l ~ i...", ~ ~~;~~: I ~I i~ ~i ~~ i i~ ~~ ~~;; ~ ~ ~ lS", ~ i:\ ~ iil1 "'~ .,,'"' J ~ ~ ~'" ~~ _~ ~ ~o l!~ ~;>> 01 i:\ 31'" i~ ~~ ~~ i~! ~~ ~ r i it .V\ '" ~ ~ .... ~~g ::; ~> ~ '" ..... ~~~ 0 I'>~" ~ ~~~ C") "'r ~ ~"'~ 5 ~~~ z "'~~ ~-;;: ~~! ~~'; .~ ~""~ i:: ~l;:ii, Ii . po ~ ~ ~ @ . il ~ \\~ . . . . . .. :z ;S:I~~E'SE~ 0 Q ~ ~ ~ I ~C:..Qju. ~~~ ' '~E "'-~~~ ~ ~~o~i~." ~~~",~fi>< ~ ~~~~~ .., I ~ l'5 ~ :z: i ~ ~ ~ i ~ ~ ~ I !:II ~ ~ i:: ~ ... :z: ~ ~ a- . '" , ' i ~ ~ s ~ ~ " " ~ ~ ) " " ~ ~ ~~ ~~ 8~$)\~ ~~a~ 8~~~ ~~8~ ~~~ ) ~~~~ ~~ ~ ~~ ,~ " ~ ~ ~-" /' /' / C'l ~ /' - ~.~ /' _.- > " "'0 ,/ " z :I: ". - . "WJ ~ ('j N 1 220' '" /' 15~ en /' - ~ ./ EXHIBIT "A" _ 1St'"" /1 ,.. t':l Pi. 0AG()ST1H0 l WOOO, INC. - ........ ~........ -:: 'p!!"~,~;Jtt]~I~~:O Ut-I CXll nnEIl ... rooo ...s IRO . LIS" ...s1RO 0016' _. l.. ..- (, c' ~ VARIANCE PETITION (V ARlANCE FROM SETBACK (S) REQUIRED FOR A PARTICULAR ZONING DISTRICT) Petition No. VA 2001-AR-374 Todd & Lisa Mastro Project # 2001020029 DATE: 3/9/01 Commission District: .::l -/ Planner Assigned: ('rI.41-!121rl-/ 13/1 /)1 fi1TC!llAA. ABOVE TO BE COl\'1PLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: TcuLcl +- L\~~ m~~.J..~ Petitioner's Address: SO ~(, 2.. %+~ r4 ~ ~ vJ rJ~p~ r:L 3 4 l t(., Telephone: Q'll l./ ~ 2.(, 1~ Agent's Name: Agent's Address: Telephone: Application for Variance Petition - 8/98 Page 1 of 8 AGEN>A ItEM No. ~ A- J U N 1 2 2001 pt. I~ . e e C;OLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 _.J Complete the following for all Association(s) affiliated with this petition. (provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: \ J ...J Mailing Address City State _ Zip Name of Civic Association: (~o\de(\ (',(\_ k. (' \" v /- c.. A SSe, ( \'0 ~-()f\ Mailing Address City State _ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: G, 0 \ ~ IN\ G ~ ~_ Unit :t Lot (s) G, ,.,-.. Block (8) 2 c.{ J Section --1"'Wp . --R~ Property LD. # ~'1L)'! ~ .'~? ( '100 fJ 5" ')( Metes & Bounds Description: 7C.. , "E (1ft ) tJ. rr'.S' 13 ~) (~) N:5I' os- \-l E. .s ~3. $'3' 3q"~ ) ~~ Application for Variance Petition - 8/98 Page 2 of 8 JUN 1 2200r'" pt. /3 Address of Subject Property: (If different from Petitioner's address) .- 1Z S 1= ~ .:3 '" Current Zoning and Land use of Subject Parcel: ~ ( ~. Adjacent Zoning & Land Use: ZONING LAND USE N f!.caJ S w /) E ,:I L i..' Minimum Yard Requirements for Subject Property: Front: '/. . Comer Lot: Yes rg1 No 0 Side: 7-) Waterfront Lot: Yes 0 No 0 Rear: f. '----. Application for Variance Petition - 8/98 4 '2-, ...:1'1 " No. ~ JUN Page 3 of Pe. . . e Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit nwnber (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. \ ) ~ The existing structure came to be, because we (my husband and I ) wanted to provide our children, ages 10, 8 and 16months, with a safe play area within sight of our back door. We worked very hard and diligently to provide a safe play house that is practical as well as pleasant to the eye, that would be an asset to our property and an enhancement to the neighborhood. We have always taken pride in our yard and our home and it is our hope that you will allow us a varience so we may keep this safe, playhouse for our children for the years to come. Your considerations in this matter isr greatly appreciated, \ ) AGEN>A1}fM No. <I tL JUN 1 22001 Pi. /6' ) c ( c Blane and Victoria Robertson 5048 28th Ave SW Naples, FI 34116 941-353-7507 To Whom It May Concern: January 9,2001 As the next door neIghbors of the Mastro Family, we have no problem with the childrens' playhouse in their back yard, The playhouse IS adjacent to our property and we do not have any complaints about the structures posItion or existence. We feel that it enhances the neighborhood in that it is attractive and appears to be welJ built. We applaud Todd and Lisa's efforts to provide a safe and fun place for Skyler, Saylor, Cheyenne and their friends to play, Sincerely, (~ . Blane an Vict~a Roberts~n ~ /<!.~ ~~ AGEN>^ n'EM No..:J tl JUN 1 22001 Pi. /, . . e Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shaH be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8), (Please address this criteria using additional pages if necessary. ) ) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 5tl{l!'1 under J/7Jt.1I1d... :; '5 /oe' ~(' redy 1J!a t ;'5- I/.J/'u I, e .(,f!(J~(/*, D! e..j~ {/tLt-ed. v 7/;/5 C' .. . Slizt{,it~ (/i ilJe Sdff/ . OlreL (!;< ,0- j),e(/lotlS o/ac/(l!//Tcr ,5f.Lhi?C10t!i u./4.j~!(?cacec( f: tV'lor -fjo VfL/~ t)'A.f/}~~/1f 'J 01 1176 5tl/d A7r2JL1e,r1, 2. Ardthere special conditIons and circumstances whrch 00 not result from the Bctron offflte app~jCant such as pre-existing conditions relative to the property which is the subject of the variance request. ') 3, Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. fl7?/ -: !tACt (;1/7 .) . 'I 1 " ,/ ! ,/ I , - - I i)( S, f '-.. -i.') ,. / -, /j ,I,.t'} oJ ,) 1_ / - ' : II' 'i/ i;'.-. ( YU /,/.:;1 /r I.'~ 'i.,r " ~ VI ,. / l/J '-c:':F-'..:~ ~..>y~' ~~U/ /, I (.~l'Gj) 'J (; I :1"] I :;:'/~' ./,/1 c/ .;j', ./ j) ",1,..; i . ~ " I -'it";., IN :r:7;',) - J .-r:'-r")/" A../. l..-- 1./_ 1_, - -' /" V J,,'" \"....' ~/1 >>,.-1...,,- 1_'/'_ ..1.-1..__ 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote st~lldards ofheaIth, safety or welfare, l J i~ I..{ h ~ f.. < , - I., J ( "; In ,_ /.;" ; \ ill .:J 7 ,-' ') i~ /1(, -/-br T:'lr" I 1'J.' 'j -/", , I (I / ,/ ,',/ / / t. '- -; _. ",..,.,.. -l , 11l/)/' ",' .:; 'j" ,/' - , /.' 'v' ." ! I ,_) I;'; I) / r Application for Variance Petition - 8/98 Page 5 of8 AGEN)A rra.a " No. ~(1- ) JUN 1 22001 PI. /1 (- r ( S. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. NV SOf.!,j(}L f,tf ~/leJr~ Ii); II hI. qC:2tJh! , ;1 .. I, Yj 'i \... f , ';'<:\17,,9 f/.)iJ :',1/;1 '_1],,:1> .P! 'f (,:J ~ ') v '-'f- f} .) ".P Jc , , 7 ('J L .' <:.. / ./ I J --' / ;,1 '}:J /1 (' v {If 'rh~, f'AJ(fi?ud, .~ \' 6, Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. "-rfUS sfru c-ltitle j"U [J.e; Cdev t- 5-&/'- o.t Mi.r -tv H1t!. fJro I1fctJ if , L. bu I 1+ -10 n1I1h(/J '-i 11 (1~ 171>111/) as /)J7 () S r: fJ fI- 1 . I D. (1,-/ ')11 ~ r7 / /.'1 h h,]r f(;r,.~i.. \...! 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. j\ :~, 8. WjJl granting the variance be consistent with the growth management plan. \1 '~-:.-. ..~ , , , I rr I) l ) ! ' 'j i (l ) ,} i L i . r (j 11. t) V' ,- Ii'" ..>;f;) .... . L.../ , l.i/l :J(! Y \ I) :::- '.,../;,.. \ I /) , , '(' ,).., 'J " , ( ,I' ~j /") 1 / I~ 'j(', r I (\ ., .-1' . (' - ~,';) l' .1 ...../ -(" l" /; /1 \ .-1 I j r'~' :'.J~,)( - '-/' - r :):J (' :)}: - "I '),_t - , ) - J (ji:).:J (' J)j -"/ i _ ,_ _<....- !l,..... I .--- ,r ' 1 (J '" "- _ .r':J ,-~r~;l"-,,,)iI! I (Y}).f1.I.(j ern~ll, I ~ '~ ~ - '.!- '/~- ) ,- ') . I L ,,)J Application for Variance Petition - 8/98 Page 60f8 ~~ JUN 1 22001 pt.---'.l- EXECUTIVE SUMMARY PETITION PUDZ-2001-AR-348, MR. RICHARD D. YOV ANOVICH OF GOODLEITE, COLEMAN & JOHNSON, REPRESENTING GOODL YN, LLC, REQUESTING A REZONE FROM "VR" VilLAGE RESIDENTIAL, "RSF-4" RESIDENTIAL SINGLE FAMlL Y, AND "C-4" GENERAL COMMERCIAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS GOODLAND GATEWAY PUD ALLOWING FOR 47 DWELLING UNITS AND A MIX OF COMMERCIAL RETAIL USES FOR PROPERTY LOCATED SOUTH SIDE OF GOODLAND DRIVE (C.R. 892), AND WEST OF SUNSET DRIVE, IN SECTIONS 18 & 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.55 ACRES MORE OR LESS. OBJECTIVE: This petition seeks to rezone the above referenced site from "VR", "RSF-4" and "C-4" to "PUD" allowing 47 single-family dwelling units and 15,000 square feet of commercial uses. CONSIDERA TIONS: The proposed 6.55-acre Planned Unit Development (PUD) is permits a mix of uses along a 100-foot wide canal. The residential lands are comprised of a singular 6.1-acre tract supporting single-family and/or multi-family residential dwelling units. The proposed PUD also permits for commercial uses on the existing A5-acre lot that is currently zoned C-4. The development is designed to provide open space that includes a water management areas, landscaping, and buffering totaling the minimum required 30 percent open space for mixed-use PUD projects. The project's development standards are consistent with the recently adopted Goodland Zoning Overlay while the access point to the project is provided from the existing Goodland Drive that serves the community. The subject site is located within the Urban-Mixed Use District, Urban Coastal Fringe Sub-district as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The FLUE permits multi-family and single family dwelling units such as those units provided in the Goodland Gateway PUD. The project density shall also be consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship. The Maximum Density in this sub-district is 4 dwelling units per acre unless vested under a previously approved density. Since the "VR" zoned properties are vested at a density of 14.52 units per acre, the total eligible density is 7.86 units per acre. Since the PUD Document indicates that the project is intended for 47 residential dwelling units that result in a total density of 7.7 units per acre, this petition is consistent with the Density Rating System. As a result, staff is of the opinion that the requested density is consistent with the FLUE of the Growth Management Plan. /- ~~ 1 JUN 1 2 2001 pc. / , .- The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 960 weekday trips. Based on staff's analysis of the TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" design roadway volume) on any County road at the project build-out. As a result, this petition is consistent with Policy 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. Lastly, Policy 9.3 encourages the interconnection of local streets between developments when feasible. Since the project abuts a canal and an existing marina with a private access road, an interconnection does not appear to be feasible at this location. To improve the compatibility and relationship with adjacent land uses, the location of future dwelling units are to be designed with an "Old Florida" architectural theme that requires a metal gable or hip roof, walls comprised of stucco and wood, facades shall have covered exterior balconies and a minimum combination of 4, 6, or 8-unit buildings. These building will also be staggered to break-up the visual massing of the buildings. The petitioner's stated intent is to construct multi-family dwellings with a maximum height of 35-feet and 2 levels of habitable space over parking, which is consistent with the Goodland Zoning Overlay. Since the properties to the east are developed with a 35-foot limitation, this petition is consistent with the adjacent development. The commercial tract also reduces the maximum building height of 100-feet as is currently allowed on the portion of the property zoned C-4 to 42 feet. The PUD document also requires a rear yard setback of 10 when abutting the canal. This is similar to other zero lot line developments and is also necessary due to the narrow site. Lastly, the PUD allows for the construction of opaque wall with landscaping along the western property line to screen the project from the commercial marina to the west. As depicted in Photograph #1, the existing chain link fence does not provide adequate screening of the marina since boats and equipment are located all over the site. In addition, since this three-story boat storage facility (Photograph #2) is open at one end, it exposes the boats and equipment to the proposed residential PUD. Therefore, the petitioner is requesting a 12-foot tall wall to screen the height of the open-ended storage facility. Photograph #1 Photograph #2 (-- ~ I'TEM No.~t-t JUN 1 2 2001 2 PI. 02. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: . Park Impact Fee: . Library Impact Fee: . Fire Impact Fee: . School Impact Fee: . Road Impact Fee: . Correctional Facilities: . Radon Impact Fee: . EMS Impact Fee: . Building Code Adm.: . Micro Film Surcharge: $578.00 per unit $180.52 per unit $0.15 per square feet of building $827 per unit $890 per unit $117.98 per dwelling unit $0.005 per square foot of building $2 per unit $0.005 per square foot of building $1.50 per unit For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.18 per unit. Since this project proposes 47 units, the total amount of residential impact fees collected at build-out will total $129,587.46. It should be noted that because impact fees vary by housing type and because this approval does not provide this level of specificity as to the actual type of use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad Valorem tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time a model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. 3 ~ JUN 1 2 2001 pt. -3 GROWTH MANAGEMENT IMPACT: The subject property is designated Urban-Mixed Use District, Urban Coastal Fringe Sub-district on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). This designation is to provide for lower densities (a maximum of 4 dwelling units per acre) while higher densities are allowed only for those properties that were vested under a previously approved density. Since the "VR" zoned properties are vested at a density of 14.52 units per acre, the total eligible density is 7.86 units per acre. The district also permits non-residential uses such as commercial uses, churches, schools, essential services, utility facilities, and recreational facilities. Therefore, this proposed PUD is consistent with the GMP. Petitions deemed to be consistent with all provisions of the Growth Management Plan (GMP) could not have an adverse impact on the GMP. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition PUDZ-OI-AR-348 subject to the stipulations contained in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. -- ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental staff has recommended approval subject to a provision that 25 percent of the existing native vegetation on site shall be retained or replanted as required in Section 3.9.5.5.3 of the Land Development Code. Since there are no wetland or wildlife issues, no Environmental Impact Statement (EIS) is required. As a result, this petition was not required to go to the Environmental Advisory Commission (EAC). COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing on May 17, 2001. By a vote of 7 to 0, the CCPC forwarded Petition PUDZ-O l-AR-348 to the Board of County Commissioners with a recommendation of approval subject to staff stipulations. The Planning Commission found that this petition is consistent with the Growth Management Plan (GMP) and is compatible with the surrounding development. It should be noted that several people spoke in opposition during the hearing and Staff has received letters primarily expressing opposition to the PUD standard that allows for the construction of 8-unit buildings. The petitioner agreed to a provision to vary the number of units within each building, thereby preventing all the building being the same size. As a result, this petition could not be placed on the summary agenda. r~i AGENDA ITEM No.~ JUN 1 2 2001 PI. f/ 4 PREPARED BY: RA Y OWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION REVIEWED BY: 4tA.LM~ ,uSAN MURRAY, AICP, ACTING NAGER c~me-1Q THOMAS E. KUCK, P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT PUDZ-Ol-AR-348/EX SUMMARY/RYB/rb 5 t:yb( DATE d23/()/ ~ sJZY/IJ/ , , DATE ?kfo \ DATE ~~rEM JUN 1 2 2001 PI. ~ ..,,-.... MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DA TE: APRIL 25, 2001 RE: PETITION NO: PUDZ-OI-AR-348, GOODLAND GATEWAY PUD OWNER/AGENT: Agents: Richard D. Y ovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail North Naples, Florida 34103 Wayne Arnold Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 Owners: Goodlyn, LLC P.O. Box 4733 Santa Rosa Beach, Florida 32459 REQUESTED ACTION: To have the Collier County Planning Commission consider an application to rezone the subject site from its current zoning classifications of "VR", "RSF-4" and "C-4" to "PUD" Planned Unit Development district to be known as the Goodland Gateway PUD. GEOGRAPHIC LOCATION: The property is located on the south side of Goodland Drive (C.R. 892) and west of Sunset Drive in Sections 18 & 19, Township 52S, Range 27E. (See location map following page). PURPOSEIDESCRIPTION OF PROJECT: The proposed 6.55-acre Planned Unit Development (PUD) permits for multi-family residential dwelling units along a 100-foot wide canal. The project will also consist of approximately .45 acres of general commercial uses on land that is currently zoned C-4. The minimum PUD area is consistent with the infill criteria for properties less than 10 acres when located outside an Activity Center. If approved, the development plan will allow the following: 1. A maximum of 47 dwelling units. 2. Open space that includes water management areas, landscaping and buffering totaling the minimum required 30 percent open space for mixed use PUDs. 3. Access point to the project is provided from the existing Goodland Drive that serves the community. (---, ~ 1 JUN 1 2 2001 PI. h i i i 8 I ~ ~ ! ~ .. J' \ . -' IAMtCOo;';-u.irrs' -' -' noos Q1 ..,,, / - E- 6Z 'lfS . <Xl '" vi ~ <0 '" U oJ) .... l I: ~ z a a u " 0: ~ ~ !;L-\ d'~O di\l' # PI- 0- <( ~ L&J I-- - CI) ~ ~ - c ~ It: ::l C ~ .. .. 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I - \ \ \.:--- ,,_"\, --<"<'V'' ("V..... \\"_ Ctl =1 ,;~ \ '-_:'-.., \......< ", ,('jy'~/ \ _-... fr:: 1 =::1 I", '1$"", '>>' \, \ .> .... 1:1-1 C; ".......__) "" ,,~>-... '~\..~...... g( '-\ ,.. --.. (' ~v \(.. .,;..\ ",'). ..... /' ---- \\ j..... Q.'''':'~ -- ./ -\ ',\ ...... ~-:) ( -- -- \ \\ ...... ""\ -..... ...... \ \'.... (\:.'\ /... ..../ ... \........ r.;.'C. '0.,... ......... '.0-- ...." .....- ,w: ":\ .r ~(i;-.. 'C. ,.. "~.. "-\ f \w.. ''). ,~ ":.,"). : \~.. ......, \~l "'~)\ "'- ... ,- ) .,-..... ..- - ..- ..- ..- - ..- - ... --" ... - ... - - - , tJ-uE ~ . <:: ~ ,hJ (.j _ _ "'''C''';::e~ ll)C>~~~ l!)- 'G', <o<oc:::i..,~ II II II II II ~ !,.J ~ Cj-.l-.lt3-.J ~~~~~ <..s~eJl.Ij~ "CQs~~ ~lijCSQ"C V)~"o~ ~ . ~ I ~ j! I ~~ II ~I t g. j i 11:1 j I!'II lill _ ~~ I do ~ !l < l! ~ cl" lJ , iil!i ."C i- ~ ~ l.u . I i I ~@i I:. i pc. SURROUNDING LAND USE AND ZONING: Existing: The subject 6.55-acre site is currently undeveloped and zoned VR, RSF-4 and C-4. [25J Surrounding: North - Goodland Drive and a preserve area, Zoned A-ST. East - A lOa-foot wide canal and then single-family dwellings, Zoned: RSF-4 & VR. South - Blue Hill Creek West- The developed Goodland Marina within the City of Marco Island city limit. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject site is located within the Urban-Mixed Use District, Urban Coastal Fringe Sub-district as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). FLUE and Densitv: The FLUE permits residential dwellings such as those units provided in the Goodland Gateway PUD. The project density shall also be consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship. The Maximum Density in this sub- district is 4 dwelling units per acre unless vested under a previously approved density. Since the VR zoned properties are vested at a density of 14.52 units per acre, the total eligible density is 7.86 units per acre. RSF-4 (3.85-Acres x 4 du's/acre) VR (2.25-Acres x 14.52 du's/acre) 15.40 Dwelling Units 32.67 Dwelling Units 48.07 or 48 Dwelling Units The PUD Document indicates that the project is intended for 47 residential dwelling units that resul density of 7.7 units per acre. This proposed density is consistent with the Density Rating Syste above. As a result, staff is of the opinion that the requested density is consistent with the FLUE of t Management Plan. Al'.ENDA \"""" ' as nOr&rQ1: Gr~~ 2 JUN 1 2 2001 Pi. 9 ,,'-" Transportation Element: The Traffic Impact Study (TIS) indicates that the proposed project will generate approximately 960 weekday trips. Based on staff s analysis of the applicant's TIS, the project trips will not exceed the significance test (5 percent of the LOS "C" design roadway volume) on any County road at the project build-out. As a result. this petition is consistent with Policy 5.1 and 5.2 ofthe Transportation Element. In addition, Goodland Drive is currently a 2-1ane road with LOS "D" as its minimum standard. The current traffic count for this segment is 3,500 and is operating at LOS "C". As a result, this petition is consistent with Policies 1.3 and 1.4, of the Transportation Element. Lastly, Policy 9.3 encourages the interconnection of local streets between developments when feasible. Since the project abuts a canal and an existing marina with a private access road, an interconnection does not appear to be feasible at this location. Conservation and Open Space - The PUD document indicates that a combination landscape, lakes, water management areas, and qualifying open space areas exceeds thirty (30) percent of the gross land area. The PUD will also achieve native vegetation preservation or re-vegetation requirements of the LDC and by re- vegetation of native species, therefore the Conservation and Open Space elements of the GMP will be achieved by the PUD development strategy. Utilities and Water Manal!ement - Development of the land will proceed on the bases of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the current Collier County ordinances. Water management facilities will be constructed to meet current County Ordinances. These facilities will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical and Archaeological Survey and Assessment is required. The petitioner has agreed to provide the survey and assessment prior to the commencement of construction activities or obtain a waiver (in accordance with Section 2.2.25.3.10 of the Land Development Code), if the site is comprised of "made lands" or fill material from the excavation of the canal. In addition, pursuant to Section 2.2.25.8.1 of the LDC, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EV ALUA TION FOR ENVIRONMENTAL. TRANSPORT A TION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental and Engineering staff, along with the Transportation Department. The Engineering Staff has recommended approval while the Environmental staff has stipulated that 25 percent of the existing native vegetation on site shall be retained or replanted as required in Section 3.9.5.5.3 of the Land Development Code. Since there are no wetland or wildlife issues, no Environmental Impact Statement (EIS) is required. As a result, this petition is not required to go to the Environmental Advisory Commission (EAC). Lastly, the Transportation Department has requested that the streets within the development be private. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that overview. ~~ ,r--, ~ 3 JUN 1 2 2001 Pi. It) The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. The review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements (See Exhibit "A" and Exhibit "B"). Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. This evaluation includes an analysis of past zoning actions in the project area. In addition, the Board Of County Commissioners has reviewed similar rezone requests. Notwithstanding the above, staff in reviewing the determinants for adequate findings to support a rezoning action advise as follows: Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the FLUE of the GMP. In the case at hand, and based upon the Future Land Use Plan, we have an expectation that the subject site and adjacent land will be used for residential purposes, and in fact the subject property is near existing residential lands to the east. The PUD Master Plan illustrates a development permitting 47 dwelling units on the residential tract. The resulting project density of 7.7 units per acre is consistent with the Density Rating System due to the fact that the existing "VR" zoning is vested at a density of 14.52 units per acre. Therefore, the proposed residential project and its density are consistent with the FLUE. Relationship to Existin2 Land Uses: The surrounding densities of the adjacent developments are as follows: To the north is Goodland Drive and a preserve area that is zoned A-S;r. To the east is a lOO-foot wide canal and then single-family dwellings that are zoned: RSF-4 & YR. To the south is Blue Hill Creek while the developed Goodland Marina is to the west. Based on the intensity and densities of the surrounding developments, staff is of the opinion that the subiect PUD is consistent with the surrounding developments. With respect to the matter of compatibility, this is an evaluation whose primary focus is the similarity of land use and not necessarily just a density issue. To improve the relationship with adjacent land uses, the location of future dwelling units are to be designed with an "Old Florida" architectural theme that requires a metal gable or hip roof, walls comprised of stucco and wood, facades shall have covered exterior balconies and a minimum combination of 4, 6, or 8-unit buildings. The petitioner's stated intent is to construct multi-family dwellings with a maximum height of 35-feet and 2 levels of habitable space over parking, which is consistent with the Goodland Zoning Overlay. Since the properties to the east are developed with a 35-foot limitation, this petition is consistent with the adjacent development. The commercial tract also reduces the maximum building height of 100 feet as is currently allowed on the portion of the property zoned C-4 to 42 feet. The PUD document also requires a rear yard setback of 10 when abutting the canal. This is similar to other zero lot line developments and is also necessary due to the narrow site. It should be noted that the PUD development strategy is one that allows for multi-family and also permits single-family dwelling types. Development standards relative to the housing structure type are generally consistent with the standards for zero lot line residential zoning districts. Staff is of the opinion that the project density is compatible with the adjacent properties. Furthermore, the application of PUD development standards and architectural theme requirements should remove any perception that there are any incompatibilities in dwellin . A lTE' adjacent land areas. 4 JUN 1 2 2001 pt. /1 Traffic Circulation - Planning Services Staff recognizes the limited access to Goodland that will be further impacted by this development. Nevertheless, the property owner could build multi-family and single family dwellings on the subject site under the existing "VR" and "RSF-4" zoning. In addition, the required improvements and impact fees imposed on this and other developments should positively contribute to easing the burden of traffic impacts. It should be noted that Goodland Drive is currently operating at an acceptable level of service. Lastly, the 47 units proposed by this petition does not exceed the threshold on impact that supports a decision to deny or phase development even though the aggregate projects proposed in this area will have a significant impact on any County road. Utility Infrastructure - Both a public sanitary sewer and municipal water supplies are available to the property and will be extended as a consequence of future platting. All development must comply with surface water management requirements invoked at the time of subdividing or SDP approval. Community Infrastructure and Services - The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Goodland Drive and C.R. 92. Shopping centers, and medical offices of various specialties are all within a short driving distance within the City of Marco Island. Regarding the matter of timing, it should be appreciated that development has been approved within the GoodlandlMarco Island area. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the GMP. PUD Document/Master Plan - The PUD document is modeled after a County Planning Services Model PUD Document in terms of format, general provisions covering references to GMP and LDC, format for addressing land uses and development standards and development commitments. The PUD also contains all of the recommendations of reviewing staff. The development standards regulating the placement of residential structures are similar to the standards employed in other projects in Collier County. The PUD Master Plan is designed around a primary access point onto Goodland Drive, which is a public road. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPe) recommend approval of Petition PUD-PUDZ-2001- AR-348 subject to the conditions of approval that have been incorporated in the PUD document and as otherwise described by the Ordinance of Adoption and Exhibits thereto. ~, I ' I ~mlEM 5 JUN 1 2 2001 Pg. /r,2 . tit . . PREPARED BY: REVIEWED BY: ~rI SuSAN MURRAY, AICP, ACTING MAN.NGER CURRENT PLANNING SECTION ~ 2 -iLl THOMAS E. KUCK, P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT I... UNNUCK, III, INTERIM ADMINISTRATOR TY DEV. AND ENVIRONMENTAL SVCS. Staff Report for May 17, 2001 CCPC meeting. 6 f-'2f,.o/ DATE ) '-1- rl.0 --0/ DATE et. - ,3t!J -" I DATE ~3 ~( DATE ) I ~"(a.J- ) JUN 1 2 2001 PI. /3 ( ( .'~ FINDINGS FOR PUD PUDZ-OI-AR-348 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) Development of land that has legal access, is adjacent to an eXIstmg commercial marina and single-family development is particularly suitable for residential uses. Con: (i) Existing neighboring residents often perceive new development as an intensification near their existing neighborhood as contributing factors to inconveniencing traffic movements to and from their place of residence, increasing noise and pollution, and reducing property values. Findin2: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies that require supplementing the PUD document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Findin2: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Exhibit "A" ~ 1 JUN 1 2 2001 PI. I~ . - e e 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). Pro: (i) The development strategy for the subject property is entirely consistent with the goals, objectives and policies of the GMP. Con: None. Findin2: The subject petition has been found consistent with the goals, objectives and policies of the GMP. A review of consistency relationships with elements of the GMP is as follows: The subject PUD proposes to allow residential uses at a density of 7.66 units per acre that is consistent with the Future Land Use Element (FLUE) of the GMP. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The PUD has been designed to provide an "Old Florida" architectural design and development standards to reflect the "Fishing Village" character of the area. This style requires a metal gable or hip roof, walls comprised of stucco and wood, facades shall have covered exterior balconies and a minimum combination of 4, 6, or 8-unit buildings. In addition; landscaping has been provided to buffer the adjacent residential tracts. Con: None. Findin2: The PUD Master Plan has been designed to optImIze internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Findin2: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. ~rEM 2 JUN 1 2 2001 PI. ff ,--, Summary Finding: Timing or sequence of development in light of concurrency requirements automatically triggers the mechanism for ensuring that further LOS degradation is not allowed or the LOS deficiency is corrected. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: This petition seeks to modify the existing residential zoning on the subject site that will allow for a more compatible project. Lastly, this project will not adversely impact any adopted level of service standard. Con: None. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPe. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards. FINDINGS FOR PUD-OI-AR-348/RVB/rb ~ JUN 1 2 2001 Pi. /, -- 3 REZONE FINDINGS PETITION PUDZ-OI-AR-348 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan. Pro: 1. The subject property is located within the Mixed Use Urban Coastal Fringe Sub- District on the FLUE of the Growth Management Plan. ii. Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findin2s: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The density permitted within this PUD is consistent with the Density Rating System contained in the Growth Management Plan. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. (A detailed study is contained in the staff report.) Summary Findin2s: The site is located outside the Traffic Congestion Boundary. The adjacent uses include commercial marina to the west and a canal and single family to the east. The property to the north is an undeveloped A-ST zoned property. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The subject site is of sufficient size and is located within the Urban Coastal Fringe Sub-district on the Future Land Use Map. In addition, the site is currently zoned for residential development. Con: None. EXHIBIT "B" ~ 1 JUN 1 2 2001 pt. /7 Summary Findin2s: The parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findin2s: The boundaries are logically drawn by virtue that the subject PUD provides an extension of the existing residential land to the east. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the approved residential land uses to the east and a commercial marina to the west. Furthermore, the subject PUD has a positive relationship to the GMP. Con: None. Summary Findin2s: The proposed change in zoning is appropriate since it is consistent with the FLUE and Growth Management Plan. 6. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) Recommended mitigation actions (i.e. architectural and landscaping) made a condition of approval will go a long way towards offsetting any potential adverse influences on the residential subdivision to the east of the project. Con: (i) The location of the subject site could cause increased noise and traffic impacts on the nearby residences. However, due to the proposed landscape and buffer areas, the proposed PUD should not adversely impact the adjacent properties. -.... , Summary Findin2s: The proposed PUD will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to ameliorate impact on the adjacent residential area. ~~ 2 JUN 1 2 2001 If Pg. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) Con: (i) An action to rezone the property as requested is consistent with the traffic circulation element. (See Staff Report) (ii) The property has legal access (See attached legal documents) thereby providing access to Goodland Drive, which connects to the arterial road network over which traffic from this development will draw and defuse traffic. As urban intensification increases, there is some loss of comfort and ease of travel to the motoring public. However, by law this degree of discomfort is regulated by concurrency requirements as adopted in the Growth Management Plan. (ii) In the short run construction traffic made necessary for development may be irritating to local residents. Summary Findines: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem; Pro: (i) Con: (i) The Land Development Code specifically addresses prereqUISIte development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Urban intensification in the absence of commensurate improvement to inter-county drainage appurtenances may increase the risk of flooding in areas when the drainage outfal1 condition is inadequate. 3 3rrEM JUN 1 2 2001 PI. 11 ,- Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed PUD development conforms to the approved zoning on the adjacent property to the south. In addition, the maximum height for the structures as provided for in the PUD is similar to the maximum height permitted within the nearby projects to the east and with the Goodland Zoning Overlay. The overall development standards are compatible with the standards listed for the similar residential districts in the LDC, which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land. Con: None. Summary Findings: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself mayor may not affect values, since value determination by law is driven by market value, The mere fact that a property is given a new zoning designation mayor may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. ~, Summary Findings: The basic premise underlying all of the development sta dardsA~TEM the zoning division of the LDC is that their sound application when combined ithNa, 4 JUN 1 2 2001 Pg. ~() administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findin2s: The proposed PUD complies with the Growth Management Plan, which are public policy statements supporting zoning actions when they are consistent with said plans. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findin2s: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Growth Management Plan. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The project is designed in a manner that IS compatible with surrounding and approved PUD property in size and scale. Con: Existing neighbors within the adjacent subdivision to the east may feel that the proposed change is out of scale with the neighborhood. However, no objections to this petition have been received at this time. Summary Findin2s: The subject PUD complies with the Growth Management Plan while the intensity of land uses is deemed acceptable for this site. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. ~TE' 5 JUN 1 2 2001 pt. ~ Summary Findinl!s: There are many sites, which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: The subject property is undeveloped. Presently exotic vegetation has invaded the site, however the environmental impacts are minimal. Con: Development of the site may create a need for additional fill and site alteration for infrastructure improvements. Summary Findinl!s: The extent of site alteration will be determined as a function of obtaining a Site Development Plan approval to execute the PUD's development strategy. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findinl!s: A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. REZONE FINDlNGS/0J-AR-348/RVB/rb ~w ~" 6 JUN 1 2 2001 PII. P- APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: PUDZ-200 I-AR-348 Goodland Gateway PUD Proj. # 2001020012 Date: 2/12/01 eceived: Commission District: Planner Assigned: t.A '/ ~eiL{)uJ5 I ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s) Goodlvn. LLC Applicant's Mailing Address P.O. Box 4733 City Santa Rosa Beach State FL Zip 32459 Applicant's Telephone # (941) 262-4861 Fax # Name of Agent Richard D. Yovanovich Firm Goodlette. Coleman & Johnson Agent's Mailing Address 4001 Tamiami Trail North. Suite 300 City Naples State FL Zip 34103 Agent's Telephone # (941) 435-3535 Fax # (941) 435-1218 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-24001FAX (941) 643-6968 ~.~. APPLICATION FOR PUBLIC HEARING FOR pun REZONE - 10198 PAGE 1 OF 16 Pg. :23 Name of Agent D. Wayne Arnold. AlCP Firm Q. Grady Minor & Associates. P .A. Agent's Mailing Address 3800 Via Del Rev City Bonita Sprine:s State FL Zip 34134 Agent's Telephone # (941) 947-1144 Fax # (941) 947-0375 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Homeowner Association: Mailing Address City State _ Zip Name of Master Association: Mailing Address City State _ Zip Name of Civic Association: Goodland Civic Association Mailing Address 4517 East Mane:o Avenue City Goodland State A Zip 34140 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership ~ JUN 1 2 2001 PI. rJ.. 'f ,'--'" APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 PAGE 2 OF 6 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock c. 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 d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Goodlvn. LLC is a limited liability comDanv. Its members are as follows: Name and Address Goodlyn. LLC Percentage of Ownership Helen Sandra Fiske Richard Fiske Paul Fiske 33 1/3 33 1/3 331/3 e. 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 Percentage of Ownership Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address :E:rBI. JUN 1 2 2001 p,. r26 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE -10/98 PAGE 3 OF 1 g. Date subject property acquired (x ) leased ( ):4/1999 Term oflease yrs.lmos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option h. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility ofthe applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed le~al descriDtion of the property covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 18 & 19 Township: 52 S Range: 27 E Lot: Block: Subdivision: Please see attached leeal description Plat Book Page #: Property LD.#: Metes & Bounds Description: 4 . Size of DroDerty: ft. X ft. = Total Sq. Ft. 6.55 Acres 5. Address/!!:enerallocation of subject DroDertv: 250 Goodland Drive. Immediatelveast of City of Marco Island coroorate limits. on the south side of Goodland Drive. and west of Sunset Drive. 6. Adjacent zonin!!: and land use: Zoning Land use N CON C.R. 92-A S CON Blue Hill Creek ,---- E VRlRSF-4 Mobile Home and Sin~le Family Residences AGENDA IT'EM No.~ JUN 1 2 2001 PI. ~, w pun Calusa Marina APPLICATION FOR PUBLIC HEARING FOR PUD REZONE -10/98 PAGE 40F I Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Not applicable Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #: Property LD.#: Metes & Bounds Description: 7 . Rezone Request: This application is requesting a rezone from the YR. RSF -4 and C-4 zonin!! district(s) to the pun zonin~ district(s). Present Use of the Property: C-4 portion is develooed with vacant 4.000 sq. ft. restaurant. Balance of orooertv is unimproved. Proposed Use (or range of uses) of the property: Mixed use PUD consistine of a maximum of 47 dwellin!!s with. 78 acres of ~eneral commercial uses. 8 . Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Section 2.7.2.5) 1. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2, The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change, 5. Whether changed or changing conditions make the passage of the proposed am ndm~} an.. (rezone) necessary. NO.ll - PAGE 5 OF 16 JUN 1 2 200t Pi. .;2? APPLICATION FOR PUBLIC HEARING FOR PUD REZONE -10/98 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST -- 1. NAME OF APPLICANT: Gooldlvn LLC 2. MAILING ADDRESS: P.O. Box 4733 CITY Santa Rosa Beach STATE FI ZIP 32459 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Please see attached leeal description. Section: 18. 19 Township: 52 S Range: 27 E Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: 5 . TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM x b. CITY UTILITY SYSTEM 0 c. FRANCHISED UTILITY SYSTEM 0 PROVIDE NAME d. PACKAGETREATMENTPLANT 0 (GPD capacity) e. SEPTIC SYSTEM 0 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIV A TE SYSTEM (WELL) x o o o ~~TEM ~ PAGE 13 OF 16 JUN 1 2 2001 PI. 2i APPLICATION FOR PUBLIC HEARING FOR pun REZONE -10/98 7. TOTAL POPULATION TO BE SERVED: commercial 47 dwelline: units/15.000 sa.ft. 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 27.562 ~d AVERAGE DAILY 12.5281!{ld B. SEWER-PEAK 22.570 gpd AVERAGE DAILY 10.259 e:pd 9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQIDRED: Julv.2001 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. 12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 ~~ PAGE 14 OF 16 J U N 1 2 200 PI. rlf APPLICA nON FOR PUBLIC HEARING FOR PUD REZONE - 10/98 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers-Land Surveyors-Planners 3800 Via Del Rey Bonito Springs, Florida 34134 (941) 947-1144 PlIOJECT UQOOtJn,lf) SUMCT VlA""/ w~n;.w It .,.~ DWJ JOIf DOlClH ~TE "';1/ ()I , CHECKED I\' DATE so.u SHEET NO. .... .. ...... .. ... ......... E" : O~ W : : /' wi.: : : : nE: : : 6Tl~i1:. '.. 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'" ....... ........ .. ............... .................... ........ ......,.,....................... ......................................,..... . .. ...... ...... . . .' ..... . .. .... . ... .. . . .. . .. . . . ............... . . . . , . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. . .............................,.... . . . . .. .. . . . .. ,. . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . .. .. . ..................................... .. . . . . . . . . . . .. . . .... . ....................................... . . . .... . . .... . . . . . . . . .................................. ...... . ... . . . ....................... . . . . . . . . ., . .. . ............... . . . ............. . . . ......... .... , . ......,. . AGENDA (U; . ~'<:?V'J' ..~ Pg. <of I PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS #OF NOT COPIES REQUIRED REQUIRED 1. Completed Application 15 X 2. Copy of Deed(s) and list identifying Owner(s) and all 1 X Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 1 X 4. Pre-application notes/minutes 15 )( X 5. Conceptual Site Plans 15 X 6. Environmental Impact Statement - (EIS) 4 X 7. Aerial Photograph - (with habitat areas identified) 4 X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 X 10. Historical & Archaeological Surveyor Waiver 4 X Application 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee and Data Conversion Fee Check shall - X be made payable to Collier County Board of Commissioners 14. Other Requirements - As the authorized agent/applicant for this petition, I attest that all of the infonnation indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal infonnation may result in the delay of processing this petition. ~ Agent! Applicant Signature APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - 10/98 I fE:,J; I Datb ' ~~ ,,-...... JUN 1 2 2001 PAGE 15 OF 16 /0 l' , Pg. I.;)()"'" AFFIDA VIT I, Helen Sandra Fiske being first duly sworn, depose and say that I am the owner (manager of the limited liability company) of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted As property owner I further authorize Richard D. Yovanovich and D. Wavne Arnold, AICP to act as my representatives inca any ma,tters regarding this Petition. ! ~ '. .. '/1 ",~Ph) rfjUJLC_ '. '-"iZe Signature of Property Owner IiC:Le;.J S;fjD.t:/?-0 f& lc. Typed or Printed Name of Owner The forego~ ttrument was a~>Wledged before me this ;l " day of ~ """'--'" . 20 0 \, by Om ~-JlA \~who is personally known to me or has produced as identification. - State of Florida County of Collier ..,~ '" Karen C Stevenson ~II ~My Commission CC888285 .~" ,,'0' Exptres October 6, 2001 "gnature of Florida) 4#~ ~. 'Jfe/lJrJLjf(J - (Print, Type, or Stamp Commissioned Name of Notary Public) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE -10/98 PAGE 16 OF 1 ~~WA- JUN 1 2 2001 pg.~ ~- PREPARED BY AND RETURN TO: Michael W. Hill, Esq. 4000 N. Federal Hwy #201 Boca Raton, FL 33431 Tax Folio No. 0000046423280005 0000046423320004 0000046520040009 through 0000046520880007 *** 2460804 OR: 2533 PG: 2891 *** RECORDBD in OPPICIAL RECORDS of COLtIIR COUITY, PL 04/09/1999 at 02:55PN DWIGH7 I. BROCK, CLBRK CaRS 1100000.00 RBC FIB 6.00 DOC-,70 7700.00 Retn: M.ICHAIL W HILL 4000 R PIDBRAL HIt #201 1T M.YIRS 1L 33431 GENERAL WARRANTY DEED THIS WARRANTY DEED, made on April _' 1999, between G90DLAND INC. a Florida Corporation, whose post office address is P.O. Box 126, Goodland, Florida ("Grantor"), and GOODL YN, L.L.C., A Florida Limited LiabiIit} Company, whose post ofi1ce address is P.O. Box 4733, Santa Rosa Beach, FL 32459, ("Grantee"), WITNESSETH: That Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and 00/100 and other good and valuable consideration to Grantor in hand paid by the Grantee, the receipt whereof is hereby acknowledged, conveys to Grantee, and Grantee's heirs, executors, administrators, and assigns forever the following described property, lying and being in Collier County, State of Florida, to wit: Lots 2 through 23 of Goodland Isles Third Addition, a condominium, according to the Declaration of Condominium recorded in Official Records Book 1093, Pages 387 to 433 inclusive, Public Records of Collier County, Florida Lots 33, 34 and 35, Block E, of Goodland Isles First Addition, according to plat in Plat Book 8, Pages 1 and 2, Public records of Collier County, Florida .. Subject to easements, restrictio~ and reservations of record and to taxes for the year 1999 and thereafter, And Grantor covenants with Grantee that Grantor was lawfully seized of the said land in fee simple; Grantor had good, right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that the land is free from all encumbrances, except taxes accruing subsequent to December 31, 1998. Signed in t!'le presence of: / ~1!:~/J l"WiblessPrintname: ~/~ . ~(..o(.~j-~ By: ~~ ~ /fPJ~~ 2ad Wibless Signature -r}. L ) ,,:2 ,I- 2Dd Wibless Print Name: I '" I' .-11 AI . ;i) U l.."C e... (Corporate Seal) ~ STATE OF FLORIDA COUNTY OF C! C / I J e Y 7tJL ' The foregoing instrument was acknowledged before me tlM _ aay of ~rLJ .1999, by Joseph E. Curcie as Vice President of Goodland Inc. a Florida Corporation, on behalf of said orporation, who is ( ) personally 4~ to me, or "'~ produced FL.I.-I rt')(7 ~ as photo identification ,- . .1 y-. , ~ /..4.. NotaI')f'Public My commission expires , TH!LMA L. 8UOTI! f*E i*\ MY COMMISSION , CC 488lM6 "~"lI EXPIfIE8: 0t:IDbIr 18. 111811 "''1.R IIondlId TbnI '*-Y PuIlID lMdIIMItn ~ JUN 1 2 2001 pt. uf PUD GOODLAND GATEWAY LEGAL DESCRIPTION ( ~ Lots 33, 34 & 35, Block "E", Goodland Isles First Addition, as recorded in Plat Book 8, Page 1, Collier County and; The West 129.5 feet of undivided Block "X", Plat Book 6, Page 7, Official Records Book 1093, Page 388, Collier County Florida, Sections 18 & 19, Township 52 South Range 27 East, Collier County, Florida. Consisting of 6.55:!:..acres. , , ~, JUN 1 2 2001 PI. ~ .' --- 417 Mango A venue/P,O. Box 571 Goodland, FI. 34140 (941 )389-1133 www.GoodlandFLA.com --------------------------------------------------------------- --------------------------------------------------------------- April I L 2001 Mr. Thomas Kuck Acting Collier County Planning Services Director 2800 North Horseshoe Drive Naples. Florida 34104 Re: Goodland Gateway PU D Rezone Dear Mr. Kuck: Please be advised that the owner and owner's representatives of the above mentioned property met with the Goodland Civic Association at a morning and evening meeting. Tuesday. April 3.2001 to field questions and hear comments from members of the community regarding the rezone of the property. Commissioner Fiala was in attendance at the evening meeting and is aware o( the concerns expressed by the residents. The Board of Directors of the Goodland Civic Association met last evening and based on concerns voiced by the community. voted unanimously to present the following issues in order of priority, as specific items that need to be changed in the PUD before its approval. 1. Only 'four unit' buildings. If agreement cannot be reached, then four unit buildings and no more than three six unit buildings, If six unit buildings are to be accepted, they are to be placed in the currently zoned VR section of the property. .NO ElGJiLlJ~JT_BlilLlllNGS I No '0' lot lines on residential property, Maintain lot line of 10' along the entire portion of the residential property. as currently required for RSF-4 lots. We arc not suggesting any change to the water side set backs of the commercial lots. 3, No boat lifts in the PUD. 4. No cutting of the mangroves. 5, We request that the owner use the currently zoned VR lot at the comer of Cioodland Drive and Calusa Driveway as a park for the entrance to Goodland to host the Goodland Welcome Sign and provide needed green space. 6. No wall along the Calusa Marina side of the property, instead we request planting of arnica palms along the marina side of the PUD, to mut1le the sounds coming from the marina. \ 2 2001 PI. \Y I. Feb-22-01 10:37A Calusa Island Mar;na ,. 941 394 9403 P.Ol CALUSA ISLAND YACHT CLUB & MARINA 300 Goodland Drive - P. O. Box 156 GOodfand, FL 34140 (941)394-3668 Fax: (941)394-8403 \....VL\-...~;~~,:.( ~._~I;.,~~);i\' !. , Plf\r'~J'~~:;" ~(~ ~'~C.;:~ ~l~l~~~S DEPT. Mr. Robert J. Mulhere Comer County Planning Services Director 2800 North Horseshoe Drive Naples, FL 34104 A"~'~l" ,"l' ':':"~t_H 0__ t..... DI !t-.. -- NOTE: 2-..l2....c..J) ~FAX~961l , RIGINAL MAILED February 22.2001 RECi::J\'ED: RE: Goodland Gateway P.U.D. Rezone Application Dear Mr. Mulhere: We have had our first opportunity only yesterday to review a copy of the subject application prepared by Wayne Arnold of Q. Grady Minor & Associates and represented by agent Richard Yavonovich of Goodfette. Coleman & Johnson. Our major concern is the depiction of two connections between the entrance road serving our project and the petitioner's internal road network. We own in fee simple the 80-foot wide strip of land on which our road is built and have granted no easement to the petitioner to use our road. which is labeled on petitioner's plan II Sienna Court", apparently in reference to an old Deltona plat that was never implemented. It is misleading that the boundaries of "Sienna Court" are not shown on the site development plan. Deltona's plat shows a 30-foot wide right-of-way along the common property line, indicating that their original plan for "Sienna Court" was for the road to be centered on the common property line, half on petitioner's property and half on our property. We do not know whether Dettona had at that time any agreement with the adjacent owner to share in the cost of building and maintaining the centered road. In 1993, when we began development of our property, we invited the petitioner's predecessor in title to participate in the building of the road according to the plat. He declined to participate, so in 1994, we built the road 15 feet west of the common property line, only partially within the "Sienna Court" right-of-way. That road has since been maintained solely with our own funds. We use the shoulders of this road for overflow trailer parking during special events and busy weekends. Petitioner's plan would interfere with this use and it is our position that petitioner has no legal right to use our road. We also have concerns about petitioner building a 12-foot high wall along our east property line. This seems excessive and would serve to "tunnelize" our rather long and straight entrance road. Were such a wall to be built, we would insist upon a reasonable setback commensurate with the excessive height of the wall and some type of landscape betterment plan to offset the negative appearance such a wall would otherwise. e "~N-r- No.~ JUN 1 2 2001 Pg. t? 7 Feb-22-01 10:37A Calusa Island Mar;na 941 394 9403 P.02 ~- February 22, 2001 Robert J. Mulhere Page 2 of2 Further, the combination of the high wall and multiple entrances onto our private road, which is busy at times, raises serious concerns for the safety of our customers, who would have little time to react to vehicles entering our road from the hidden entrances. Many of our customers are towing boats on trailers. which makes quick stops even more difficult. Creating landscape improvements on our side of the wall. as we are required to do by the City of Marco Island as a condition of a recent building permit approval, would only make matters worse by further concealing the proposed entrances. The proposed access plan is dangerous, in my opinion. Please keep us informed as to any public hearings that may be scheduled for this petition, so that we may prepare to voice these and any other objections we may have to the proposed rezoning. Very truly yours, CmyND '::'RINA Kris Dane, P.E. Managing Director Cc: Wayne Arnold, via fax 947-0375 and mail Richard Yavonovich, via fax 435-1218 and mail A~ IrEM No.lL.t:L- r', JUN 1 2 2001 Pi, cjtf ~ent by: Goodlette,Coleman,&Johnson,PA 941 435 1218; , 02/22/2001 16:14; #976; Page 2/4 GOODLETTE COLEMAN & JOHNSON, P.A. A TTORNEYS AT LAW Kevio G. Coleman J. Dudley Goodlene" Kermeth R. Johnson Richard D. Yovano....ich Kenneth B. Cuyler Harold J. Webre, III Northern Tnlst Bank Building 400 I Tamiami Trail North Naples, FI 34103 (941) 435-3535 (941) 435-1218 Facsimile Linda C. Brinkman Scott M, Ketchum William Patrick Kelly, Jr. Eric M. Borgia Picter O. Van Dien Writer's e-mail: rvovanovich@gcilaw.c()m .. Board Certified Rc:al F.~1lI\C Attorney February 21,2001 via Facsimile Ms. Pam Stoppelbien GCA Secretary Goodland Civic Association 417 Mango Avenue Goodland, Florida 34140 RE: Goodland Gateway PUD Dear Pam: I am receipt of your February 14, 2001, letter to Bob Mulhere. I must admit I was surprised at the tone of your letter. As you and I discussed, the property owner agreed to work with the Goodland Civic Association to design a PUD that the Civic Association could support. At the Board of County Commissioners' December 13, 2000, meeting, both you and I represented to the Board of County Commissioners that the PUD would be a cooperative effort. The property owner is committed to this cooperative effort. In your letter you state that the property owner unexpectedly arrived at a poorly attended Overlay meeting on January 24th with a copy of the pun documents which were submitted to the County. You are correct that the property owner did attend the Overlay meeting. We were informed by Ray Bellows of the County that this was a regularly scheduled Overlay meeting and we were asked to attend the meeting. We, too, were surprised at the relatively poor attendance at the meeting. However, we did have a good discussion with those present and received positive feedback regarding the architectural elevations presented at that meeting. At that meeting we left the PUD document and a sample of the architecture with Mr. Fulmer. We requested that the Civic Association go through the document and make note of any items which were objectionable. Mr. Fulmer pointed out that the Civic Association would be having an election in February to elect new board members. Mr. Fulmer requested that the new Board review the PUD document. We agreed that no further action would be taken on the PUD document until the new Board was elected and given an opportunity to review t document. The property owner never intended to by-pass the Civic Association. In property owner has lived up to its commitment to involve the Civic Association in t e process. As we stated at the January 24, 2001, meeting, the property owner intends o"ltffi 1 2 2001 Pc. 31 -,- Sent by: Goodlette,Coleman,&JOhnSOn,PA 941 435 1218; 02/22/2001 16:14; #976; Page 3/4 Ms. Pam Stoppel bien GCA Secretary Goodland Civic Association February 21. 2001 Page Two with the Civic Association again to address any concerns the Civic Association may have with the uses within the PUD document. This meeting will occur prior to staff recommendation and also prior to any Planning Commission and Board of County Commissioners hearings. We hope that the fact that the regularly scheduled Overlay meeting was poorly attended will not be held against the property owner. The property owner has done exactly what she committed to do. We put together a PUD document and architectural elevations in approximately five weeks. This was an extraordinary task considering that the five week period includes the holidays. At our December 13, 2000. Board of County Commissioners hearing, you asked for four commitments: 1) building height: 2) small scale buildings; 3) architectural details; and 4) commercial part of the PUD. As we stated at the January 24,2001, meeting, the property owner is committed to working with the Civic Association to address any reasonable concerns. You raised four concerns in your February 14, 2001, letter. Your first concern pertained to a 12 foot wall surrounding the project. Your understanding of the PUD document is not correct. The 12 foot wall will only be located on the portion of the property which is immediately adjacent to the marina and will act as a buffer between the marina and the property. The entire community will not be surrounded by a 12 foot wall. The property owner did not agree to limit the size of the buildings to four to six units. In fact, at the December 13,2000, meeting I stated as follows: "Pam and I did have a lengthy conversation that we were going to be working with each other on some of these architectural details. It will frankly depend on the size of the buildings as to some of the issues regarding the varying - the specifics, but I think we are in agreement on everything she said regarding working together on those issues." As you can see, the property owner did not commit to any specific size of the buildings at the December 13, 2000, Board of County Commissioners meeting. The PUD document limits the size of the buildings to no more than eight unit buildings. This provides an opportunity for the property owner to reasonably develop the property while at the same time assuring the residents of Goodland that they would not be stuck with long barracks-type buildings. The architectural elevations we presented at the January 24, 2001, meeting did feature an eight unit building and it was well received by those present. You raised questions regarding calculations based on population density. We are assuming you are referring to the traffic calculations. The PUD Is limited to 47 dwelling units on the residential area. We will be happy to discuss this matter with you in greater detail to assure you that the project fully complies with the County's traffic requirements. Finally, you had a comment regarding the lack of detail regarding the 15,000 square foot ~,commercial building. The building will be required to comply with the Old Flori A I1'EN ,'architecture. At this time we do not know what will be developed on the commercial ropfN(ty. ~ The PUD lists several potential alternatives. The property owner will work with the As ciation to determine the types of uses which will be appropriate for the commercial portion of t e PJ..Ulll 1 2 2001 PI. 4~ by". Goodlette,Coleman,&Johnson,PA :;ent 941 435 1218; 16'14' #976,' Page 4/4w_.,,~. 02/22/2001 " ~"'_""-'iti~""';'J2:: . Ms. Pam Stoppe/bien GCA Secretary Goodland Civic Association February 21,2001 Page Three Again, I hope We will be able to COntinue OUr efforts al developing a PUD documenllhat Will be acceptable both 10 Ihe property OWner and Ihe Civic AsSOciation. I can assure you thallhe property OWOer Is committed 10 meeting With the Civic AssoCiation to resolve any ISsues Ihe Civic Association may have. The property owner has wOr/(ed with Ihe Civic ASSOCiation In gOOd faith to dale and will conllnue 10 do so. The fact that the regularly scheduled Overlay meeting was nol well attended Is not the property owner's faull. The Property owner eXpressed its Willingness to WOr/( wllhln Ihe Civic ASSOCiation's Scheduled elactlons 10 provide the new Board ample oPPortunity to review and understand the PUD dOcument. The Property owner agreed 10 meel With Ihe Civic Associalion again before County staff reviewed the PUD dOCument. These meellngs are in addition to the PlannIng Commission hearing and the Board of County Commissioners hearing. If yoU have any questions regarding this malter, please feel free to COntact me. Very truly yours, ~ iJ. (A.~. "->( <Y2.-L<'''-~ - cr ~ 0*-,.~, Richard 0, Vovanovich '- :{~::.:::.r..r~~;::.;':z:~~:::.:~:'.:v.::,:;"!;<,.:~:~.~.~:-:::)oo.,..._..~.......... C(DY:smc CC: (via facsimile) Commissioner James D, Carter Commissioner Donna Fiala Commissioner Tom Henning Commissioner Pam Mac'Kie Commissioner Jim Coletta David C. Weigel, County Attomey Thomas W. Olliff, County Manager John Dunnuck, Comm. Dev. & Env. Services Acting Administrator Ron Nino, Planning Manager Ed Perico, BUilding Review & Permitting Ray Bellows, Principal Planner D, Wayne Arnold, AICP Goodland Civic Association Board Members )A TA\WPOA TA\LITlGATE\FISKE\2.20g00cflancl ORDINANCE NO. 01-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 52271819; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "VR", "RSF-4" AND "C-4" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE GOODLAND GATEWAY PUD LOCATED IN SECTIONS 18 AND 19, TOWNSHIP 52 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6,55:i: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Yovanovich of Goodlette, Coleman & Johnson, and D. Wayne Arnold, AICP, of Q, Grady Minor & Associates, P.A., representing Goodlyn, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 18 and 19, Township 52 South, Range 27 East, Collier County, Florida, is changed from "VR", "RSF-4" and "C-4" ./ to "PUD" Planned Unit Development in accordance with the Goodland Gateway PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 52271819, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of , 2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA A TrEST: DWIGHT E. BROCK, CLERK JAMES D. CARTER, Ph,D., CHAIRMAN Approved as to Form and Legal Sufficiency .~'\) Marjorie M. Student Assistant County Attorney L,S6 Rezone OrdinallcelRVBlrb -1- 1.GEND1. IrEM No.~ JUN 1 2 2001 Pg. 4.:t Goodland Gateway A PLANNED UNITT DEVELOPMENT 6.55:1: Acres Located in Sections 18 & 19 Township 52 South, Range 27 East, Collier County, Florida PREPARED FOR: Goodlyn, LLC. P.O. Box 4733 Santa Rosa Beach, FI 32459 PREPARED BY: D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, FL 34134 And Richard D. Y ovanovich, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FI 34103 EXHIBIT "A" DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER C:\My Documents\Goodland PUD\Rev3mar.doc 1/24/00 A~ ITEM No.~ JUN 1 2 2001 Pi. 1/.3 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE 11 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL 3-1 SECTION IV COMMERCIAL 4-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5-1 EXHIBIT A GOODLAND GA TEW A Y PUD MASTER PLAN ..-.. AGEN:>A ITEM No.~ JUN 1 2 2001 Pi. .f'i C:\My Documents\Goodland PUD\Rev3mar.doc 11 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Goodlyn, LLC, hereinafter referred to as the Developer, to create a Planned Unit D;Y.flopment (PUD) on 6.55::1:: acres of land located in Sections 18 and 19, Township 52 South, Range"'17 East, Collier County, Florida. The name ofthis Planned lfuit Development shall be Goodland Gateway. The development of Goodland Gateway will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District, Urban Coastal Fringe Subdistrict, as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. 2. The residential portion of the PUD consists of approximately 6.1 acres. The property consists of both Village Residential (VR) and Residential Single-family (RSF-4) zoning. The VR zoned portion of the site consists of approximately 2.25 acres and the RSF-4 portion of the property consists of approximately 3.85 acres. The VR zoned property permits a density of 14.52 dwelling units per acre, while the RSF-4 zoning permits a density of 4 dwelling units per acre, up to a maximum of 48 units. The proposed residential density of Goodland Gateway is 7.7 dwelling units per acre (47 total units) on the residential portion of the PUD and is less than the maximum density permitted by the existing zoning, and is therefore consistent with the FLUE. The subject property shall be considered an infill parcel due to its size of less than 10 acres, existing water/sewer service, compatibility with surrounding land uses, and pattern of developed adjacent properties. The parcel was not created to take advantage of the infill provisions of the Growth Management Plan. 3. The project will consist of approximately .452: acres of general commercial uses. Approximately .452: acres of the property is currently zoned C-4, General Commercial. 4. The Goodland Gateway PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 5. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 6. The development of the Goodland Gateway PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. The Goodland Gateway PUD is a small scale mixed use infill community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. AGENOAIl'f All final local development orders for this project are subject to the Collie CoN61y <X11 Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Cod . c:\My Documents\Goodland PUD\Rev3mar.doc 7. 8. JUN 1 2 2001 Pg. /j6' - / ' , 111 SHORT TITLE This ordinance shall be known and cited as the "GOODLAND GA TEW A Y PLANNED UNIT DEVELOPMENT ORDINANCE". ,,~ No.--4.J:L- C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 Pg. ~b SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSIllP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Goodland Gateway PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Lots 33, 34 & 35, Block "E", Goodland Isles First Addition, as recorded in Plat Book 8, Page 1, Collier County and; The West 129.5 feet of undivided Block "X", Plat Book 6, Page 7, Official Records Book 1093, Page 388, Collier County Florida, Sections 18 & 19, Township 52 South Range 27 East, Collier County, Florida. Consisting of 6.55+ acres. 1.3 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 18 and 19, Township 52 South, Range 27 East. The site is bordered on the west by the Calusa Marina, zoned POO; on the north by Goodland Drive (C.R. 92-A); on the east by a 100' wide canal and VR zoned property, developed with a mixture of mobile home and single-family dwellings; and on the south by Blue Hill Creek. B. The zoning classification of the subject property at the time of PUD application was C-4, General Commercial; Village Residential (VR); and Residential Single-family (RSF-4). C. Elevations within the site are approximately 6' above MSL. Per FEMA Firm Map Panel No. 120067 817 D, dated June 3, 1986, the Goodland Gateway property is located within flood zones AE (11) and AE (12). D. Prior clearing has altered a majority of the site. An approximate 5,000 square foot commercial structure exists on the commercially zoned portion of the property. A seawall exists along the commercial canal front property. A 5' wide wooden dock extends approximately 450' in length along the existing canal, adjacent to the VR zoned portion of the site. Mangroves do exist along the southern property boundary and along a portion of the eastern property line. Due to the prior land clearing and the small size of the project, the project has been exempted from submittal of an EIS by the Planning Services Director, pursuant to Division 3.8 of the Collier County LDC. ~~ l I C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 Pg. ~1 1-2 E. The soil types on the site generally include Urban lands-Aquents complex, organic substratum near C.R. 92-A and Canaveral-Beaches complex nearer Blue Hill Creek. This information was derived from the Soil Survey of Collier County Area, Florida, 1998. F. The project site is located within the Collier County Water Management District Miscellaneous Coastal Basin. 1.4 PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 47 dwelling units is permitted within residentially designated areas of the Goodland Gateway PUD. This maximum of 47 dwellings may include single-family, two- family, duplex, zero lot line, patio, Townhomes and multi-family dwelling unit types. 1.5 DENSITY A. r> The area of the Goodland Gateway PUD is approximately 6.552: acres of which approximately 6.12: acres are zoned for residential uses, with a maximum of 47 dwelling units. The gross project density, therefore, will be a maximum of 7.7 dwelling units per acre. The property previously zoned VR, Village Residential is approximately 2.25 acres in size and is permitted a maximum density of 14.52 units per acre. The property previously zoned RSF-4, Single family consists of approximately 3.85 acres and is permitted a maximum density of 4 units per acre. The Goodland Gateway PUD; therefore, is permitted a maximum total of 47 dwelling units. B. At all times all property previously zoned VR and RSF -4, included within the Goodland Gateway PUD as described in Section 1.2, shall be included in determining project density. c. Residential dwellings shall be permitted within the commercially designated portions of the project subject to the mixed residential commercial standards identified in Section 2.2.14.3.7 of the Land Development Code as it exists as of the date of adoption of this PUD Ordinance. ~TEM JUN 1 2 2001 Pi. ?If C:\My Documents\Goodland PUD\Rev3mar.doc SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Goodland Gateway PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Goodland Gateway PUD will be developed as a mixed-use residential and commercial community, which may feature a full array of residential dwelling types, general commercial uses and accessory residential and commercial uses. B. The Master Plan is illustrated graphically on Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual tracts and access to tracts shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Section 3.2.7 and 3.3 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES B. C. A. Regulations for development of the Goodland Gateway PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. ~~ JUN 1 2 2001 Pg. 17 C:\My Documents\Goodland PUD\Rev3mar.doc 2-2 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land that comprises this PUD. E. All conditions imposed herein or as represented on the Goodland Gateway Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Goodland Gateway PUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Goodland Gateway PUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. 2.4 ROADWAYS A. Roadways within the Goodland Gateway PUD may be private. Standards for roads and driveways shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. B. Roadways within the Goodland Gateway PUD shall be designed and constructed in accordance with Section 3.2.8.4.16 oftlw LDC with the following substitutions: 3.2.8.4.16. Streets and access improvements 1. Section 3.2.8.4.16.5, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for public or private local streets and cul-de-sacs shall be forty (40') feet. Drive aisles serving multi-family tracts shall be a minimum twenty-four (24') feet in width. 2. Section 3.2.8.4.16.6, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 3. Section 3.2.8.4.16.8, Intersection Radii ,--.. i \ Intersection radii: Street intersections shall be provided with a minim a twenty (20) foot radius (face of curb) for all internal project streets thirty-five (35) foot radius for intersections at project entrances. d aAGENDA IlEM No...5?P:r- JUN 1 2 2001 pg.a C:\My Documents\Goodland PUD\Rev3mar.doc 2-3 4. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 5. 3.2.8.3.17 Sidewalks, bike lanes and bike paths 1. Section 3.2.8.3.17.3 Private drives and access easements within the Goodland Gateway PUD shall not be required to provide sidewalks. 2.5 EXCAVATION Removal of fill and rock from the Goodland Gateway PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way or access easements for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Planning Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Goodland Gateway Master Plan upon written request of the Developer. The PUD Master Plan is a conceptual plan containing approximate acreages of each land use. The actual acreages shall be determined at the time of preliminary subdivision plat or site development approval and shall be consistent with jurisdictional agency determinations. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Goodland Gateway PUD docUl "vUL. ~ttv. No.~ C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 PI. 6'/ 2-4 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, and water management facilities, internal or external to the PUD. B. The following shall be deemed minor administrative changes or refinements: 1. Reconfiguration of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. 2. Internal realignment of rights-of-way and adjustments to the location of access points to the PUD, where consistent with the Collier County access management policy. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. D. Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be provided by a Property Owners' Association or similar entity. The Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. 2.9 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Goodland Gateway PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: .~ 1. 2. 3. Grassed/ground covered berms 3:1 Rip-Rap berms 1: 1 with geotextile mat Structural walled berms - vertical ..:~ C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 PI. ~ 2-5 B. Fence or wall maximum height: six feet (6'), as measured from a point 18" above the crown of internal drive aisles serving the project. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevations with an average side slope of 4:1 or less. Except that along the property's western boundary, adjacent to the storage and future retail areas of the Calusa Marina, a wood or masonry wall, or wall and berm combination of up to 12' in height shall be permitted. C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Goodland Gateway PUD boundary prior to preliminary subdivision plat and site development plan submittal. D. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers in accordance with Division 2.4 ofthe Land Development Code. E. Landscape berms located within the Goodland Gateway PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or right-of-way line. 2.10 DESIGN GillDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. B. The Goodland Gateway PUD is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards for residential units, commercial uses, and related community features and facilities, which include features and facilities such as landscaping, signage, lighting, pedestrian systems, fences, buffers, and other similar facilities. C. All commercial and residential dwellings shall be developed in a consistent architectural style that is characterized as "old Florida", "Key West" or similar style architecture. Commercial buildings shall be required to meet the architectural and site design standards of Division 2.8 of the Collier County Land Development Code. Commercial Buildings shall be a maximum height of 42'. Residential buildings shall be a maximum of 35' in height above minimum flood elevation requirements, not to exceed two habitable floors over one level of parking. A range of residential dwelling units types are permitted within the Goodland Gateway PUD; however, to reduce the building mass of multi-family dwellings, these unit types shall be restricted to a maximum of eight units per building and shall be subject to the following architectural and site design standards. :o.~ C:\My Documents\Goodland PUD\Rev3mar,doc JUN 1 2 2001 Pi. <...1~ 2-6 -- Roof: Metal 5- V -crimp, corrugated or standing seam. Walls: 1. Stucco with smooth finish. 2. Wood 3. Simulated wood Exterior trim and columns 1. Wood 2. Simulated wood Chimneys and enlarged column bases 1. Stucco with smooth finish. 2. Natural stone 3. Cast stone 4. Wood or simulated wood Massing Predominate roof form shall be gable or hip with slopes of no less than 2/12 and no greater than 12/12. Roofs over exterior balconies or porches can have a shed or flat profile. Flat roof areas are allowed only if accessible as a deck or roof garden. No building shall contain more than eight dwelling units. The PUD shall be developed with a minimum combination of two building types (i.e. eight, six, etc. unit buildings). Buildings shall be arranged on the site so that all buildings are not constructed along the same building line. Facades Covered exterior balconies, terraces or loggias shall be required along all facades. Architectural elements providing relief on the facades shall be required as follows: 1. Water side - minimum of 50% of wall area. 2. Street side - minimum of33% of wall area. 3. Side yard - minimum of 20% of wall area. Architectural elements may be any of the following: Covered balcony, loggia, expressed vertical circulation core, exterior stair, covered porch, colonnade, trellis, projected or indented entry. ---- Windows Operable windows shall be casement, awning or double hung. ~~ C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 PI. 0f 2-7 Colors Exterior trim, columns and railings shall be white or a color compatible with exterior color, or natural finish of materials used. Roofs shall have galvanized finish. 2.11 PRELIMINARY SUBDMSION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.12 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Goodland Gateway PUD. General permitted uses are those uses which generally serve the Developer and residents of the Goodland Gateway PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Community and neighborhood parks, recreational facilities. 5. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 7. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. B. Development Standards: C:\My Documents\Goodland PUD\Rev3mar.doc Unless otherwise set forth in this document, the following development standards shall apply to structures: .:..mrr:.. 1. Setback from back of curb or edge of pavement of any road - ten feet 10'). JUN 1 2 2001 Pg. 6c5 2-8 2. Setback from PUD boundary: See Table 1, Development Standards 3. Minimum distance between unrelated structures - ten feet (10'). 4. Maximum height of structures - See Table 1, Development Standards 5. Minimum floor area - Residential Areas: 1,200 square feet. 6. Minimum lot or parcel area - None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Goodland Gateway PUD design guidelines and standards, are to be in accordance with LDC in effect at the time of site development plan approval. 2.13 OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that mixed-use projects maintain open space at a minimum of 30% of the project area. The project will be designed in accordance with this standard and open space areas shall be shown on the site development plan and/or subdivision plat, whichever may be required. 2.14 SIGNAGE A. GENERAL 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, SIGNS, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, residential development and identification signage may be located on the commercial tract, in addition to commercial identification signs, both subject to the respective square footage limitations set forth in Section 2.5 of the Land Development Code. 3. Signs shall be permitted in private rights-of-way. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project rights-of-way, drive aisles, or access easements may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Depart consistency with the requirements set forth herein. ~. JUN 1 2 2001 r--. ( C:\My Documents\Goodland PUD\Rev3mar.doc Pi. S c:, 2-9 B. BOUNDARY MARKERS 1. One boundary marker or monument may be located at each property corner, adjacent to the Goodland Drive rights-of-way. The boundary marker may contain the name of the subdivision, and the insignia or motto of the development. 2. The sign face area may not exceed 32 square feet in area and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 32 square feet in area. 3. Sign face square footage is calculated by total square footage of name, insignia, and motto only. 4. The setback from any public right-of-way and any perimeter property line shall be 10 feet. 5. Boundary marker signage shall be ground mounted and the sign structure is limited to a maximum height of eight feet (8'). A. ENTRANCE SIGNS 1. Two ground or wall-mounted entrance signs maybe located at each entrance to the subdivision within the PUD. Such signs may contain the name of the subdivision, and the insignia or motto of the development. 2. No sign face area may exceed 64 square feet and the total sign face area of the entrance signs at each entrance may not exceed 160 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 80 square feet in area. For three-sided signs, the third sign side may not face an external right-of-way, and only the project's name, motto or insignia may be displayed. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from the public right-of-way, and any perimeter property line shall be 15 feet. B. TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size of the signs will be in accordance with DOT criteria. ~~ C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 Pg. <- <:? - ( 2-10 2.15 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. .:..~ JUN 1 2 2001 pg.A-- SECTION III RESIDENTIAL 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Goodland Gateway designated on the Master Plan as "Residential". 3.2 MAXIMUM DWELLING UNITS A maximum of 47 residential dwelling units may be constructed on lands designated "Residential" on the PUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "Residential" on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described in Section 2.12, a full range of recreational facilities, essential services, and customary accessory uses. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Attached and Detached Dwellings, Townhomes. 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Multi-Family Dwellings. 5. Model Homes, including offices for project administration, construction, sales and marketing. 6. Recreational facilities such as parks, play grounds, and pedestrian/bikeways. 7. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. .:..~- C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 Pg. ,,"17 3-2 B. Accessory Uses and Structures: I. Accessory uses and structures customarily associated with principal uses permitted in this district, including, boat docks, swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the area identified as Residential on the PUD Master Plan. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for land uses within the Goodland Gateway PUD Residential area. B. Site development standards for single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries, unless approved under a unified site plan. Multi-family standards apply to parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Goodland Gateway PUD design guidelines and standards, are to be in accordance with the LDC in effect at the time of site development plan approval. Parking requirements for common recreational facilities shall be 1 space per 400 square feet of building area. D. Development standards for uses not specifically set forth in Table I shall be in accordance with those standards of the zoning district which is most similar to the proposed use. ~IEM C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 Pi. t:.O 3-3 SINGLE PATIO & ZERO TWO SINGLE FAMILY MULTI F AMIL Y F AMIL Y LOT LINE FAMILY/ ATTACHED/ DWELLINGS DETACHED DUPLEX TOWNHOME Minimum Lot Area 4,275 SF 4,000 SF 3,500 SF '4 3,500 SF NA Minimum Lot Width 45 35 35 35 NA Front Yard Setback (principal and Accessory) 20'3 20'3 20'3 20'3 20'3. Front Yard for Side Entry Garage 15 10 10 10 12 Rear Yard Setback (waterfront) (Principal) 10 10 10 10 10 Rear Yard Setback (waterfront) (Accessory)* 1 5 5 5 5 5 Side Yard Setback 6 o or 6'5 o or 6'5 o or 6 '5,6 NA Maximum Height *2 35 35 35 35 35 Floor Area Minimum (SF) 1200 SF 1200 SF 1200 SF 1200 SF 1200 SF Minimum Distance Between .5 SBH or 15 Principal Structures 12 12 12 12'6 *6 TABLE 1 GOODLANDGATEWAYPUD DEVELOPMENT STANDARDS FOR RESIDENTIAL AREA BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. *1 - Accessory structures shall include covered and uncovered porches, decks, swimming pools and similar accessory uses and structures. Structures and uses typically constructed within a canal or waterway such as boat docks, boat lifts, boardwalks, etc. shall be permitted within the canal.. *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. Buildings shall be limited to a maximum of two habitable floors above one level of parking within the 35' maximum height. *3 - For multifamily dwellings, setback shall be measured from PUD boundary. Multifamily structures shall be setback a minimum of 10' from internal drives. Units with side entry garage may have an 8' setback from internal drives. *4 - Each halfofa duplex unit requires a lot area allocation 00,500 S.F. for a total minimum lot area of 7,000 S.F. *5 - Zero feet (0') or a minimum of six feet (6') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a twelve foot (12') yard. Zero foot (0') yards may be used on either side of a structure provided that the opposite twelve foot (12') yard is provided. Patios, pools and screen enclosures may encroach into the 10' yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Department with the application for the first building. permit. This plan will be used to determine the twelve foot (12') spacing requirement between structures. *6 - Distance between principal structures not inclusive of garages. .:..~ C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 II Pi. 4-1 SECTION IV COMMERCIAL 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Goodland Gateway PUD designated on the Master Plan as "Commercial." 4.2 GENERAL DESCRIPTION The approximate acreage of the Commercial Tract is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Commercial Tract is designed as a mixed-use area which will accommodate a variety of general commercial and personal services. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Uses 1. Apparel and accessory stores (groups 5611-5699), 2. Auto and home supply store (5531). 3. Automotive services (7549). 4. Business services (groups 7311, 7313, 7322-7338, 7361-7379,7384). 5. Childcare (8351). 6. Commercial printing (2752, excluding newspapers). 7. Depository and nondepository credit institutions (groups 6021-6062 and 6111-6163). 8. Eating and drinking places (5812, 5813). .:..~ r- C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 Pi. ,~ 4-2 9. Engineering, accounting, research, management and related services (groups 8711-8748). 10. Food stores (groups 5411-5499). 11. Gasoline service stations (5541). 12. General merchandise stores (5311-5399). 13. Glass and glazing work (1793). 14. Group care facilities (category I and II, except for homeless shelters); care units, except homeless shelters; nursing homes; assisted living facilities pursuant to Section 400.402 F.S. and ch.58A-5 F.A.C.; and continuing care retirement communities pursuant to Section 651 F.S. and ch 4-193 F.A.C.; all subject to Section 2.6.26. 15. Hardware stores (5251). 16. Health services (groups 8011-8049, 8082). 17. Home furniture, furnishing and equipment stores (groups 5713-5719, 5731- 5736). 18. Bed and breakfast inns (not to exceed 12 guest rooms). 19. Insurance carriers (6311-6399, 6411). 20. Libraries (8231). 21. Membership organizations (8611-8699). 22. Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (7629-7631). 23. Miscellaneous retail services (5912, 5921, 5932, 5941-5961, 5992, 5994, 5995, 5999). 24. Motion picture theaters (7832). 25. Museums and art galleries (8412). 26. Paint, glass and wallpaper stores (5231). ~~IEM C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 Pi. t3 4-3 27. Personal services (groups 7212, 7215, 7221-7251,7291,7299). 28. Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511- 9532,9611-9661). 29. Public or private parks and playgrounds. 30. Retail nurseries, lawn and garden supply stores (5261). 31. Security and commodity brokers, dealer, exchanges and services (groups 6211-6289). 32. United States Postal Service (4311 except major distribution center). 33. Veterinary services (0742 excluding outside kenneling). 34. Videotape rental (7841). 35. Any other general commercial use, which is comparable in nature with the foregoing uses that is primarily a retail or office facility. B. Accessory Uses 1. Uses and structures that are accessory and incidental to the permitted uses. 2. Boat docks. 3. Caretaker's residence. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. 2. 3. 4. Front Yard: Twenty-five feet (25') Side Yard: Ten feet (10') Rear Yard: Ten feet (10'). Setback from a canal for all principal and accessory uses may be zero feet (0') provided the commercial tract is developed as a unified site plan. ~~ I' C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 Pi._b t..{ 4-4 B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Forty-two feet (42') D. Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes in effect at time of development. E. Minimum distance between detached accessory structures - Ten feet (10'). A~TEM No. . C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 Pg. bS" SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Goodland Gateway project. 5.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. B. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 5.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 ofthe LDC. 5.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Central water and wastewater service will be provided by the appropriate governmental and/or private utility provider. Appropriate utility easements will be dedicated to the utility provider in accordance with the procedure adopted by the utility provider. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except those of the Goodland Sewer Dev -- C:\My Documents\Goodland PUD\Rev3mar.doc JUN 1 2 2001 pg.---1 L 5-2 Corporation, pursuant to the Interim Wastewater Service Agreement, dated April 14, 1998. 5.5 WATER MANAGEMENT A. The Commercial development tract may be designed and permitted independent of the residential development tract. The water management system shall be designed to meet water quality standards of the South Florida Water Management District. 5.6 ENVIRONMENTAL A. An exotic vegetation removal, monitoring and maintenance plan for the site, shall be submitted to Current Planning Section Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above-mentioned plan. B. Prior to approval of a site development plan for the residential component of the Goodland Gateway PUD, the property owner/developer shall receive an administrative waiver from completing a historical/archeological survey and assessment; or if a waiver request is denied by the Community Development Administrator, the owner/developer shall complete a survey and assessment in accordance with Section 2.2.25.4 of the Collier County Land Development Code. C. A minimum of 25% of the site's viable naturally functioning native vegetation shall be retained or replanted in accordance with Section 3.9.5.5.3 of the Collier County Land Development Code. 5.7 TRANSPORTATION A. The PUD Master Plan depicts conceptual access locations to Goodland Drive (C.R. 92A), Sienna Court and Sunset Drive. The ultimate access locations shall be coordinated with the Collier County Transportation Department, as applicable. Prior to vehicular access connection to Sienna Court, all legal requirements of Federal, State and local jurisdictions shall be met. B. All project access points shall be consistent with the Collier County Access Management Policy. C. Arterial level street lighting shall be provided by the developer at project entrances at the time access improvements and infrastructure improvements are installed to support development of the individual tract. AGENDA ITEM No.~ JUN 1 2 2001 pa.~? C:\My Documents\GoodIand PUD\Rev3mar.doc . .~ C,jC,j'->~:iE "{"{"{~~ U)~~~~ U) . ......_ tOIOCl., . II II II II II ~ L..J ~ ~-.J-.J~;:j ~~~~~ '->~esl1jCl "{Cl::!!:~>.; ~~~~~ Vi Q:: ~.h-, -< ; ...-.-':.~~...../ .-'-:/~ / \ /',.-- ,," ../' --........ \ // ,/ / / I \ ".-:/,. ," ~/ <,,\';V \ ,," ," ~/--~., ",~", ,1"', \ ,<..>/ / / (<'" ",>) \, '''' ~//~// <,\~V' ,"'~v/~ \ \ ("// ~.- // {'\-{", <,'v'> /~ \ \ \ ' r /..../~/ "(,~,,, \\\'..\>~/'. ~ \ \ : I "/' <,"', V \ \ ,,-Y " / \ \ I ! f. ","" \ \ I (\ \ " V \j./ .-/ i \ I ' / ( (<",,1 \,,',)v'../ """, "'\1 \ : f ,',.,' ,",'> /".,. , ,,_ _ \ ," '.,-~:>>, '--- --- , III t (' / ~'-..._.... \ ;.' , ,^, """" -"" I I I II " \ .' ........ ... ... \ \ \ !: ~I " II J) \ .-/ ...... ...-;.... ....." v'" . ", ,,," " , - - - -'" , II I' '1If)V..................,)I, 'll '.J III) ..... ....,'... \ ' '" - - -" - , f , " "'>'" " "" "__ , " '\ ,,,,V _", _ , " "'" , --.,~, " .~" ", \ ~''-. "', ".' "^''' "\" : : \, \'-~ 'Ii", ," .,' ,,- -' ,I I I C\.) \\ '"-,,,- '//1 ^ ~,,,, ...... /~ .J I I ~(\ \-.......-.. IliA ._... 'r ' '0<,"" ,,\ \< '''II.' / ',,;;;'~., ,-", ""', i:-,-" '1,,\, '";;,~,,, .' \ ,0 Cl-I/ "'V'> \ \ \..-.< III ~/(I"',v' "'.').\, "\.,/ \ . C' "" """ " <, , . 'e' L,', "',, 'I , /. ", "~',V .,' _ " ' , " , "', , , ',0" -'>~ ~'\~\\0 "" '1', " \ ',-~~,,- V'" ';," " .S-~- , "0/ ::~! ::1 _..rJ.IIl' \ \\ __'_" \'-;<\' ,\~",,~\ ' ) '" e'l' -, ~ , , ",_' _':'> ", PC." ' .., ,- I '", , ". " '" C::, '~"_ "",0 ~~, ~,(\ ",\ --</-------. -\\ \\ ...... \.\ '\ '-..... \ \\ " ',\\'? .() .-/ ,/ \ \\..... 'i ..... / \ .. ~ / --- "'.. ~.",> -..... /' ..' \:"\. ~/), """, ,.- \\. \' '(';;") \'C.~ ',"'" r- \ \.\' ,;-\ I" ' ti'- ,,?' { ,\~ .::\ \~- '-;?? : \ "", -:"- , \1~t \,........ .:" I- iii ~ L"j .' ~/-;;.;; \'.0<' C;f': 1.0' ",I.I. .- EXECUTIVE SUMMARY PETITION PUDA-OI-AR-531, MR. KEVIN HIGGINSON, REPRESENTING TRANSEASTERN PROPERTIES, INC., REQUESTING AN AMENDMENT TO THE BRETONNE PARK PUD HAVING THE EFFECT OF REDUCING THE MINIMUM REAR YARD SETBACK FROM 20 FEET TO 12 FEET WITHIN TRACT "J" FOR LOTS ABUTTING A LAKE OR GOLF COURSE FOR PROPERTY LOCATED NORTH SIDE OF DAVIS BOULEVARD (SR-84) AND OPPOSITE COUNTY BARN ROAD IN SECTION 5, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to amend the Bretonne Park Planned Unit Development (PUD), Ordinance Number 98-12 as noted above. CONSIDERATIONS: The purpose of the proposed amendment to Section 3.6 (Minimum Yard Requirements) is to reduce the minimum rear yard setback from 20-feet to 12-feet in order to accommodate the proposed 4-plex /-' condominium units within the narrow width areas of Tract "J". These units cannot be constructed utilizing the current setbacks without shortening the driveways below the desirable 25-foot length. By reducing the rear yard setback to 12- feet on lots that abut a lake or 17- feet for lot 31 that abuts a golf course will allow the units to be situated in a way to provide an adequate driveway depth for parked vehicles so they do not overhang into the street. Since these rear yards abut a lake or golf course, the reduced setback will not impact the adjacent properties. All of the subject property is located within the Urban Mixed Use - Urban Residential Sub-district on the Future Land Use Element (FLUE) to the Growth Management Plan (GMP). A review of consistency relationships with elements of the GMP is as follows. The proposed amendment to reduce the rear yard setback within Tract "J" will not affect the approved consistency relationship of this PUD. A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted at a base density of 4 units per acre. The proposed amendment will not create any site-generated trips. As a result, no roadway level of service will be adversely impacted. Based on this condition, this petition is consistent with the FLUE of the GMP. In addition, the proposed revision to the PUD document does not adversely impact any adopted level of service standard. Lastly, staff is of the opinion that this amendment will not adversely impact the development strategy for the Bretonne Park PUD or impinge on the currently approved residential properties within or adjacent to the PUD. Since Tract "J" is surrounded by the Glen Eagle golf course and water management lakes, the proposed 12 foot rear yard setback will not significantly impact light and air circulation between structures or reduce the overall open space within Tract "J". 1 r::~ENO~i; \ j~:: 1 Z 2001 . L~~ P~'- ( ,.r- FISCAL IMPACT: This amendment is only to reduce the minimum rear yard setback from 20 feet to 12 feet only in Tract "J" when abutting a lake or golf course. No additional floor area or dwelling units are proposed. Therefore, this amendment by and of itself will have no fiscal impact on the County. The fiscal impact for this development was determined at the time the property was rezoned to PUD. In addition, the County collects impact fees prior to the issuance of building permits to help offset the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: The subject site is located within the Urban Mixed-Use area as designated on the Future Land Use Element (FLUE) of the Growth Management (GMP). This designation allows for residential and certain non-residential uses including community. Petitions deemed to be consistent with all provisions of the GMP can't have an adverse impact on the plan. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County Land Development Code. ENVIRONMENTAL ISSUES: This amendment has been reviewed and approved by the Environmental staff. Due to the fact that no wetlands exist on Tract "J", no Environmental Impact Statement (ElS) is required. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Planning Services Department Environmental and Engineering staffs have reviewed the petitioner's proposed amendment and have recommended approval. Since no EIS is required, this petition was not required to go before the Environmental Advisory Council (EAc). PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on May 17, 2001. The CCPC voted (7 to 0) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval subject to limiting the rear yard setback on building #31 to 17-feet from the golf course tract line. They also found this petition is consistent with the Growth Management Plan (GMP) and they deemed that it was compatible with the surrounding development. It should be noted that several people spoke in opposition during the hearing and Staff has received letters expressing opposition to reducing the setbacks along the golf course. As a result, the petitioner agreed to limit the setback to 17- feet along the golf course. As a result of the letters of opposition, this petition could not be placed on the summary agenda. ~~1~ J~':: 1 2 200f 2 Pg. ~ PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends approval of Petition Number PUDA-OI-AR-531. PREP ARED BY: ~~L RAY L WS, RINCIP AL PLANNER C PLANNING SECTION ~Iz, 10 I ~ ~3~1 DATE { S/z.$/o; DATE ' ~1(al DATE PUDA-OI-AR-531/EX SUMMARYfRVB/rb 3 r AGENDA I~ , No.~ KD 1 " .. '." 1 2 2001 _ 'W.. ~ 27 ?g. ---,.,..,-_.";...."""'''''..'...,....''.,",.;........, AGENDA ITEM 7-E MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MAY 1,2001 RE: PETITION NO: PUDA-200 l-AR-531, BRETONNE PARK PUD AGENT/APPLICANT: Agent: Kevin Higginson Coastal Engineering Consultants, Inc. 17595 S. Tamiami Trail, Suite 102 Fort Myers, Florida 33908 Owner: Transeastern Properties, Inc. Arthur Falcone, President 1403 Glen Eagle Boulevard Naples, Florida 34104 GEOGRAPHIC LOCATION: The subject PUD is located on the south side of Radio Road (CR-856), north side of Davis Boulevard (SR-84) and opposite County Barn Road in Section 5, Township 50 South, Range 26 East. (See illustration on following page) REQUESTED ACTION: The petitioner is requesting to amend the Bretonne Park Pun (Ordinance Number 98-12) in order to reduce the minimum rear yard setback only within Tract "J" from 20 feet to 12 feet for those lots that abut a lake or golf course. No. ~ JU~; 12 2001 Pil.-L fl.. <t L LLJ ~ - en ~ ~ I~ i~ g ~ ;~ II z " ~ ~ Ir ~r ~ ; l'! , , Uiltl~ I;B TO It) JtI I 0:: <[ I - 0 0 C\.I I 'It p "- ;:) c.. ~ z 0 l- I- ~ c.. ...... OL !ON / ____ - -..:.- .... N ; ill l!l 0- <( ~ ~ x :z 0 - ~ l:l U ~ 0 ~ -I ;; QVO~ NOls:aW.n >- ~ ; W) ~ ;" 01; N ~ >-!i i ~ ~ ~ : ~ ~ N ,- -'I. '. '( SICIF'!i WH PARt( C-2 .--. .., -~,.. ./Jot _ U " '-~ . " ~ II .. " ,. .. ,. ,. n '" '" '" "( } .. .. " -..' " .. 'OS .. " " J.j i r: 'll.. ..;, .. .. , - '// PUD '~"f:'r!i LANDING 1--- , \ - S.R. SUNNY ACRES VOBIU HOM( PA" MH ., ., i ., .. IJIIINOJMlWER lI'lUACC ...J... '" 84- ..... ["'LESS SUWwrR - " n i .. ~ .. .. " - , /'., "" 31 32 ~ -0; .~ I-- ~ ~~ ..J // '" " PUD SAXON .....Oft ISLES ., r;a- ~ ). r;-!l i f;-l ~.: "' ~i~ ~f.~ ~. ~.~. \~ " .~ m ,. " """ i ... - l2 .. U r:r" :;;./ L~ ~'~~ ,.~~~' -: ~\ ;:;; ~B '. ~!;r-"'\ ~ ~~~\ ~. ~1~}' .l~2~ iEEj .1 idl .-.-..... ~;~, t - : Q".(IftIC)OR CR[['NS ~NOO ..... , " \ \ \ \ .I ,// \--- \ \ \, II I ! i I I '~t '" ..... . PUD " 8ft(TTONE PARt( "ArT ,~) -- ~I a 'T''D? (,,'l' ".T " - nnn 0 t::. 1., (A' PURPOSEIDESCRIPTION OF PROJECT: The purpose ofthe proposed amendment to Section 3.6 (Minimum Yard Requirements) is to reduce the minimum rear yard setback from 20 feet to 12 feet in order to accommodate the proposed 4-plex condominium units within the narrow width areas of Tract "J". These units cannot be constructed utilizing the current setbacks without shortening the driveways below the desirable 25-foot length. By reducing the rear yard setback on lots that abut a lake or golf course will allow the units to be situated in a way to provide an adequate driveway depth for parked vehicles so they do not overhang into the street. Since these rear yards abut a lake or golf course, the reduced setback will not impact the adjacent properties. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject POO is currently experiencing substantial development while the currently approved multi-family Tract "J" is under construction. The property is zoned Bretonne Park POO. Surrounding: North: Tract "T-3" (golf course) within the Glen Eagle subdivision; Zoned: "Bretonne Park POO". Further north is Radio Road and Berkshire Lakes residential. East: Tract "T -3" (golf course) within the Glen Eagle subdivision; Zoned: "Bretonne Park POO". South: Tract "T-3" (golf course) within the Glen Eagle subdivision; Zoned: "Bretonne Park POO". Further south is Davis Boulevard and undeveloped residential; Zoned: "RMF-6" & "E". West: Tract "T-3" (golf course) within the Glen Eagle subdivision; Zoned: "Bretonne Park POO". Further west is the Saxon Manor Isles POO. GROWTH MANAGEMENT PLAN CONSISTENCY: All of the subject property is located within the Urban Mixed Use - Urban Residential Sub-district on the Future Land Use Map to the Growth Management Plan (GMP). A review of consistency relationships with elements ofthe GMP is as follows: Future Land Use Element - The proposed amendment to reduce the rear yard setback within Tract "J" will not affect the approved consistency relationship of this PUD. A description of Urban Mixed Use District in the FLUE advises that residential uses are permitted at a base density of 4 units per acre along with certain nonresidential uses such as churches, schools, child care centers. Based on this condition, this petition is consistent with the Future Land Use Element (FLUE) of the GMP. ~~ 2 JUN 1 2 2001 1 Pi. .- HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical! Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR INFRASTRUCTURE: ENVIRONMENTAL, TRANSPORTATION & This petition was referred to all appropriate County agencies for their review. Since no level of service (LOS) standard will be adversely affected by this amendment, these agencies have recommended approval. ANALYSIS: The proposed revision to the PUD document does not adversely impact any adopted level of service standard. This amendment only allows for the reduction of the minimum rear yard setback from 20 feet to 12 feet in Tract "J". Staff is of the opinion that this amendment will not adversely impact the development strategy for the Bretonne Park PUD or impinge on the currently approved residential properties within or adjacent to the PUD. Since Tract "f' is surrounded by the Glen Eagle golf course and water management lakes, the proposed 12 foot rear yard setback will not significantly impact light and air circulation between structures or reduce the overall open space within Tract "J". Relationship to Future and Existine; Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Growth Management Plan. The surrounding properties include the following land uses: With respect to the matter of compatibility with the adjacent properties, the lands to the north, south, east and west of Tract "J" contain the Glen Eagle golf course (Tract "T -3"), which is also zoned as the Bretonne Park PUD. There is an existing Community Center and Golf Course (Tract "A") located on the north side of Glen Eagle Boulevard. In addition, Parcel 5A (12.65 acres) is located along the eastern PUD boundary with Berkshire Lakes will provide additional buffering between the adjacent residential areas. Therefore, staff is of the opinion that the proposed amendment won't adversely impact any residential uses since Tract "J" is buffered by the golf course facility. r ~ 3 JUN 1 2 2001 ~ Pg. With respect to the matter of compatibility with the FLUE, this is an evaluation whose primary focus is consistency with the land uses allowed in the FLUE. fu the case at hand, and based upon the Future Land Use Plan, we have an expectation that the land will be used and developed for those residential land uses authorized within the POD. This includes the approved multi-family development in Tract "J". The proposed amendment to reduce the minimum rear yard setback does not adversely impact the consistency relationship with the FLUE. Therefore, staff is of the opinion that the subject petition is consistent with the Collier County Growth Management Plan and is therefore compatible with other approved land uses in the area. Regarding the matter of timing, it should be appreciated that urban development completely encircles the site. After considering the availability of community infrastructure and services it is clear that the development of the subject property is timely and consistent with the FLUE to the GMP. Traffic - The proposed amendment will not create any site-generated trips, therefore, no roadway level of service will be adversely impacted. Utility fufrastructure - The site is accessible to a public sanitary sewer and municipal water supply. All development in Tract "J" must comply with surface water management requirements invoked at the time of site development plan approval as the case will be for development of Tract "f'. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDA-2001-531 for the purposes of amending Section 3.6 of the Bretonne Park PUD. AGENDA No. JUN 1 2 2001 4 q Pg. ~ .-.... -' LLOWS, PRINCIPAL PLANNER PLANNING SECTION REVIEWED BY: ~~ SvSAN MURRAY, AICP, ACTING MAN GER ~pE~ THOMAS E. KUCK, P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT Staff Report for the May 17,2001 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: 5 4- . 2 5"' o( DATE if -c:l6 - 0/ DATE "-~-~I DATE ~ DATE 1 JUN 1 2 2001 10 ~l. - ......,...,...~ PUDA-2001-AR-531 PETITION NUMBER Bretonne Park PUD PUD-86-12, Proj# 19990235 DATE DATE: 3/27/01 APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING 1. Name of Applicant(s) Transeastern Properties, Inc. Applicant's Mailing Address 1403 Glen Eaqle Blvd. City Naples State Florida Zip 34104 Applicant's Telephone Number: Fax.: (941)348-9822 Bus.: (941)348-9820 Is the applicant the owner of the subject property? X Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. (If space is inadequate, attach on separate page.) 2. Name of Agent Kevin Hiqqinson Firm Coastal Enqineerinq Consultants, ,Inc. Agents Mailing Address 17595 S. Tamiami Trail, Suite 102 City Fort Mvers State Florida Zip 33908 ~~ JUN 1 2 200f If Telephone Number: Fax.: (941) 590-9909 Bus.: (941) 590-9900 1 PI. ". 3. PUD ORDINANCE NAME AND NUMBER: DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If )ace is inadequate, attach on separate page. If request involves change to .aore than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). Attach THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 5 TOWNSHIP 50 RANGE 26E A PARCEL OF LAND LYING IN THAT PORTION OF TRACT J OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BERTONNE PARK, PHASE TWO, AS RECORDED IN PLAT BOOK 17, PAGES 73 THROUGH 76 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 5. Address or location of subject property 6. 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) . 7. TYPE OF AMENDMENT: ~A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: ~Yes no, explain: No If 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? PETITION #: DATE: 10. HAS ANY PORTION OF THE PUD BEEN ARE ANY CHANGES PROPOSED FOR THE Yes. No. IF IF NECESSARY) . /"""""- SOLD AND/OR DEVELOPED? AREA SOLD AND/OR DEVELOPED? YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS ~ 2 JUN 1 2 200t ~".J~ rILl: No. ~o VC/C.:$ -VI I~ ;~~ I U ;l..lJ.I~ I HL t:Nb 11\lt:t:~ II~u ~tl1 otj.:) 11 tj.:) l"Hut: 0 '02/07/01 12:06 FAl 9416438968 COLLIER CO COIOlUNITY DEV "11007 10. HAS ANY PORTl'ON OF THE POD BEEN SOLD AMD/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLO At.JO/OR DEVELOPED? Yes. No. IF YES, DESCRIBe: (AT'.!'Ac..1!' ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT ...;I ;),eY'v~c...e 0,0 e... beinq first duly s'Worn, depose ana say that we are the owners ot the property d..cr ibed herein and which is the sUbjeC1: matter of the proposed hearing; that all the answers to the questions in this applic~ticn, and all sketch.a, data, and other suppla:er.t.Ary matter attached to and made a part of this application, ara bonest: and true to the best ot our knowledqe and belief. We under.tand this application must be comple and accurate before a hearing can be advertised. We turther erm t e undersigned to act as our representative in any - . :e-Pec*~l'h SIGNA F AI..!. OWNERS ARE MANDATORY. SIGNATURE OF OWNER SIGNA'l'URE OF AGF.NT state or F 0 ida county ot lier '7 The foreqoiJl9 ApplicatiQtJ lIUJ' acknow 1'1'jd before me thiz 0'- day ot ""1 Jh2 C"/-/ . ,20oLby W3.rnv,e, /'It...r!. oLJE..1 who ia parscroally...known to me oi" VhO has pr uced ., _ _ .___ as identification and who .. (did not) take an oath. NOTARY PUBLIC Commission I My Commission Expires: P-~b.4""C) NOTARY PUDUC STATE OF FlORID/ JILL A SLIWA COMMISSION. cc631Q49 EXPI!'lES 5/1-412003 flOt~'Jr:l} TL~RIJ ".SA 1-866-NOTARY' PUD\DO APPLICATION 3 02,.;07 '01 11:54 w~ J~;:: 1 2 200t 13/ ~~. STERLING ISLE COMMONS TRACT C POOL AND RECREATION AREA DESCRIPTION A PARCEL OF LAND LYING IN THAT PORTION OF TRACT J OF EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE TWO, AS RECORDED IN PLAT BOOK 17, PAGES 73 THROUGH 76 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT J AND A POINT ON A CURVE, RUN ALONG THE RIGHT OF WAY LINE OF WESTON WAY (TRACT R) OF SAID EMBASSY WOODS GOLF AND COUNTRY CLUB AT BRETONNE PARK, PHASE TWO, OF SAID PUBLIC RECORDS, 42.59 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET. A CENTRAL ANGLE OF 40'40'08" AND A CHORD DISTANCE OF 41.70 FEET BEARING NORTH 11'lB'58" WEST; THENCE LEAVING SAID RIGHT OF WAY LINE AND ALONG THE BOUNDARY LINE OF SAID TRACT J, NORTH 62'13'48" EAST, 63.61 FEET: THENCE SOUTH 65'49'52" EAST, 167.36 FEET; THENCE NORTH 89'57'20" EAST, 121.87 FEET; THENCE NORTH 34'32'06" EAST, 217.54 FEET; THENCE NORTH 23"46'04" EAST, 279.89 FEET; THENCE NORTH 35'53'52" EAST, 243.25 FEET; THENCE NORTH 45'08'56" EAST, 168.58 FEET; THENCE NORTH 26'06'33" EAST, 330.90 FEET; THENCE NORTH 03'54'17" EAST, 112.46 FEET; THENCE NORTH 57'58'26" WEST. 103.91 FEET; THENCE NORTH 80'48'23" WEST, 155.55 FEET: THENCE NORTH 40'47'06" WEST, 154.96 FEET: THENCE NORTH 04'31'51" EAST, 127.75 FEET; THENCE NORTH 62'50'46" EAST, 106.09 FEET; THENCE NORTH 12'48'52" EAST, 35.28 FEET; THENCE SOUTH 87'24'37" EAST, 176.94 FEET; THENCE SOUTH 46'55'26" EAST, 395.69 FEET: THENCE LEAVING SAID BOUNDARY LINE AND ALONG A SURVEY TIE LINE SOUTH 69'57'51" EAST, 49.95 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 48'19'44" EAST, 68.43 FEET: THENCE SOUTH 41'40'16" WEST, 66.09 FEET TO A POINT OF CURVATURE: THENCE 16.10 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 273.00 FEET. A CENTRAL ANGLE OF 03'22'42" AND A CHORD DISTANCE OF 16.09 FEET BEARING SOUTH 43'21'37" WEST TO A POINT OF TANGENCY: THENCE SOUTH 45'02'58" WEST, 42.55 FEET TO A POINT OF CURVATURE; THENCE 20.42 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 13.00 FEET, A CENTRAL ANGLE OF 90'00'00" AND A CHORD DISTANCE OF 18.38 FEET BEARING NORTH 89'57'02" WEST TO A POINT OF TANGENCY: THENCE NORTH 44'57'02" WEST, 59.68 FEET; THENCE NORTH 45'02'58" EAST, 133.58 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 9,666 SQUARE FEET OR 0.22 ACRES OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. ...... ....., --.~,.. _ ,.." ~- .,," .." .,.,.. ./"p/'''~~''''/~ . -~Esr -. - --- -- -"" C.\.l.t>/ '- - "J?~ WAY TRACT R.... .......-. _..- -" .. --"66~oO-R':O:W:'- 1 2 2001 /1 POINT OF COMMENCMENT (SOUTHWEST CORNER OF TRACT J) (PLAT BOOK 17, PAGES 73-76) TRACT G (PLAT BOOK 17, PAGES 73-76) ~\ , .., Cxx CURVE Cl C12 C43 CURVE DATA RADIUS DELTA LENGTH CHORD BEARING 60.00' 40'40'OS" 42.59' 41.70' Nll'1S'5S"W 273.00' 03'22'42" 16.10' 16.09' N43'21'37"E 13.00' 90'00'00" 20.42' 1S.3S' SS9'57'02"E ,...1Lt: 1\10. l:S~O vt:/t:;:> Vl 1~'~<: IU-L.UM..:>'HL. CI'".:."",-,-nll"U ..:;f"'~ V'&f...... ~.&...v (i) A.FFIDAVIT ffklL 4..elltJe /"; &:.. (! &'..u e being first duly sworn. depose and say that vve/I arrJare tile owners of the property described herein and which is the subject matter of the proposed heal'i11g; that all the answers tu the questions ill ibis appiico/ion. including the disclosure of interesi information. all sketches. data. and other supplementary matter attached to and made a parr oj this application. aTe honest and true to the best of OUT knowledge and belie.f Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shaU not be alteTed. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property 014>neT Well fUrther authorize . as our/m' Tel' en ive in any matlsr3 regarding tJW Petition. Signature qfProperty Owner t../ \I."" hiL (! o/fJ e Typed or Printed Name of Owner Typed or Printed Name of Owner The fOregOin~trument was ~owledged before me this rR- dtzy of ~~~ /~ 200-'--' by _ -# b~ r/1G.aOilJl.:">;.. who is personally /cn.own to me or has produced as identification. State of Florida County of Collier (8: ture of Nott.Uy Public - Slate of lOlida) NOTARY PUBLIC STATE OF F JILL A SlIWA lOR/O"" COMMISSION # CC831049 ac'N .' E~I!<F.S 511-412003 . lJED T, R'J ASA 1.SB8-NOTAR'f1 (Print, Type. or Stamp Commissioned Name of Notary Public) Al'l'LICATJON FOR PUBLIC HEARTNG FOR PUB RE-ZONE - O1I2GOO PAGE 16 OF to act j",' , . ~\4 v... Pg. 1 2 2001 f~ Sterling Isles pun Amendment CECI File No. 00.115 Justification Narrative March 9,2001 The purpose of this PUD Amendment Application is to request a reduction of the Minimum Rear Yard Requirement within Tract J for lots abutting a lake or golf course tract from 20 feet to 12 feet. Due to the narrow width of Tract J, the proposed 4-plex condominium units can not be accommodated without reducing the driveways for some of the units below the 25-foot desirable length. The proposed rear yard requirement will allow the units to be developed with the appropriate driveway lengths. The proposed amendment will not increase the proposed density or have any adverse environmental impacts. This change will not cause detrimental impact on neighboring uses or residents since it only affects lots that abut lakes or golf course tracts. r---. c: ITEMPISterling. doc J U N 1 2 200 Pg. l/P 10-M~I-2001 10:21 VDN:EIGEN-CDNSULTING +49 6404 5920 ~N:0019416436968 s: 1 B~~kha~d 6ige.n Sc~i"c,"st"". 30 35423 Li~ -Ce.!. 06404-1545 Tel.lFax 06404-5920 FL\V\I<. 0172 6 2B 8935 Communi~y DevelopmenL & Environmental -Planning Services Department A~tn.: Mr Ray Bellows 2800 North Horsshoe Drive Services Division Naples, FL 41104 10 may 2001 FAX:OOl-941-643-6968 Subject: BreLonne Park PUD Community within Glen Eagle Golf & Country Club ,request by Transeastern here: PUDA-2001-AR-531. Meeting 08:30 A.M. 17 may 2001 Reference: Your letter dated 27 April, 2001 Dear Mr. Bellows, We bought property in 1991 in former Rmbassy Woods, later 1996 invested again more foreign money in a single family house in Lhe same community. Since Traneastern has taken over we see all the woods are gone- so happy the changed the name EMBASSY WOODS - ~heir only Concern is building and building to sell and make money, regardless ~he needs of the former owners: the Golf Course ist one of the narrowest in Naples.Out of hOt1ndary lines everywhere. At the same time they even take away property which belongs LO us the owners. Now again the try to make the course look even narrower by re- ducing the minimum rear yard setback from 20 to 12 ft! We oppose these kinds of all tricks ~o make our property within CE leas valuable: who wants to move into a community. where are buildings allover and no trees anymore. Please stop this overdevelopment and let Transeastern know that they have an obligation to us. who invested their hard earned money in the USA and protect us against developpers who only think in CONCRETE & MONEY! Thanks for giving us the chance to write you about our concern. _0' A No. P H,l J\.)j', 1 2 2001 /1 .~ j t PI. Page 1 of2 bellows_r (, From: LitlKD@aol.com Sent: Friday I May 11, 2001 9:25 To: bellows_r Subject: Hearing on 5/17/01 Regarding PUDA-2001-AR-531, Kevin Higginson of Coastal Engineering Consultants, Inc., representing Transeastem Properties, Inc., requesting a rezone that will have the effect of reducing the minimum rear yard setback from 20 feet to 12 feet within Tract J. Dear Mr. Bellows: The following message is submitted to you on behalf of Glen Eagle owners, named below. We are directly affected by this proposed rezoning to the property formerly known as Embassy Woods at Brettone Park. It is true that Transeastern rescued us from an unscrupulous developer in December 1997 and we recognize that they have done some nice things here. However, a developer is indeed a developer whose main goal is to make the maximum amount of money possible. To the detriment of our golf course. Encroaching closer to our golf course will adversely affect our golf course that was the primary reason most of us purchased here. There is a total of 1,233 planned units and to date only about 715 owners. This will be the third time that Transeastern has either gotten a variance or made changes to the boundaries that affect our golf course and/or common grounds. With over 500 units left to build, how many more times will they seek a change? We offer the following mathematics: if you allow them to reduce the minimum rear yard setback from 20 feet to 12 feet, picture this. A building will be 12 feet away from our golf course property line. According to Transeastern, there is going to be nice landscaping along the property line. In order to allow adequate space between the building itself, i.e. windows and lanais, and the landscaping, clearly there will have to be a 6 to 8 feet if not more- you will never get any mowers or landscaping maintenace workers into that area and certainly people do not want to have their windows and lanais blocked by plantings. Then you add the footage required for the lush landscaping that Transeastern is promoting as a part of their sales pitch and as a part of their promotion to owners who are disturbed about the golf course - you are not only encroaching onto the golf course, you are definitely changing how the course is played in that area. It sounds very nice on paper but in reality it is an adverse action affecting our golf course. To date, we have tried to support Transeastern in all oftheir requests to the County. On this request, we respectfully request that you look at alternatives. It is our understanding that the reason they are requesting this variance is because the driveways (in the front) will be too short under County requirements. Why not give them a variance on the driveways and/or the front area instead and retain the 20 foot setback in the rear along our lakes and golf course? Your consideration of this request is appreciated and we sincerely urge the County Planning Commission to deny the request to change the rear setback from 20 feet to 12 feet, thereby signalling that developers need to do a proper job when they are laying out their properties because variances aren't 05/11/2001 J\Jl~ 1 2 2001 IS Pg. Page 2 of2 automatic. From Glen Eagle Owners: Phil & Kay Pettitt, 908 Marblehead Drive, Naples, FL 34104 Shirley Oliver, 6632 Weston Way, Naples, FL 34104 Paul & Thelma Goldman, 828 Glen Eagle Blvd. W., Naples, FL 34104 Tony & Anne Franza, 889 Marblehead Drive, Naples, FL 34104 Evelyn Rodrigues, 830 Marblehead Drive, Naples, FL 34104 Bob & Jo Connell, 846 Glen Eagle Blvd. W., Naples, FL 34104 Don & Marge Norman, 902 Marblehead Drive, Naples, FL 34104 Gerd & Inge Verzelletti, 860 Marblehead Drive, Naples, FL 34104 Carlo & Sylvia Fumando, 858 Glen Eagle Blvd. W., Naples, FL 34104 Jim & Jane Kennedy, 834 Glen Eagle Blvd. W., Naples, FL 34104 Phil & Joanne, 836 Marblehead Drive, Naples, FL 34104 Rudy & Rosemarie Schwenzer, 925 Marblehead Drive, Naples, FL 34104 Phy llis Rowe, 920 Marblehead Drive, Naples, FL 34104 Joe & Jane Calise, 6608 Weston Way, Naples, FL 34104 Charles & Gretchen Harrison, 980 Marblehead Drive, Naples, FL 34104 Al & Marian Scherger, 800 Marblehead Drive, Naples, FL 34104 Charles & Marie Gordon, 1064 Marblehead Drive, Naples, FL 34104 Lou Senden, 1058 Marblehead Drive, Naples, FL 34104 Mike & Gladys Viglianco, 1071 Marblehead Drive, Naples, FL 34104 Warren & Marge Shelden, 883 Marblehead Drive, Naples, FL 34104 JoAnn Quigley, 852 Glen Eagle Blvd. W., Naples, FL 34104 Jim & Doris Gillespie, 6626 Weston Way, Naples, FL 34104 S. J. & Dolores Curreri, 866 Marblehead Drive, Naples, FL 34104 Jean Nickeson, 914 Marblehead Drive, Naples, FL 34104 Evelin & Wilhelm Wellbrock, 926 Marblehead Drive, Naples, FL 34104 J~N 1 2 2001 05/11/2001 Pi, J C. H. N. MACDONALD, M. D. 6730 Harwich Court Naples, FL 34104-8705 Telephone (941) 352-2859 May 3,2001 Collier County Planning Commission Planning Services Department 2800 N. Horseshoe Drive Naples, FL 34104 Re: PUDA-2001-AR-531 Rezoning to reduce Minimum Rear Yard Setback tract 1. Bretonne Park PUD Glen Eagle Golf and Country Club May 17, 2001 Hearing Dade Members of the Planning Commission: As property owners at Glen Eagle Golf and Country Club, we would like to strongly support the letter of protest submitted to you by Mr. and Mrs. James G. Fleming in regard to this proposed zoning change at Glen Eagle. Our primary concern is that of safety as it affects both individuals and property when buildings are positioned so close to the boundaries of the golf course. Even as it is now, with original homes situated more than the minimum setback from the course, golfbaUs are impacting these residences some to the affect of requiring replacement of roof tiles numbering over a hundred. Individuals have even come close to being struck when they are working in their own side yard. Hence we feel that a twelve foot setback is not nearly enough space along the sides of the golf course, We trust that you will take into consideration these factors in making your decision and, obviously do strongly suggest, that you do not approve this zoning change. Yours very truly, f~>k..~~ Enid M. Macdonald ( '\ j'J ~J 1 2 2001 Pg. 02- rJ +~"":'lCo,"<r May 3, 2001 Collier County Planning Commission Planning Services Department 2800 N. Horseshoe Drive Naples, FL 34104 Re: PUDA-2001-AR-531 Rezoning to reduce Minimum Read Yard Setback Tract 1. Bretonne Park PUD Glen Eagle Golf and Country Club May 17, 2001 Hearing Date Members of the Planning Commission: Weare all residents of Glen Eagle and would like to join both the Flemings and MacdonaIds in their protest against your approving the reduction of this setback to just twelve feet. This is much too close to golf course property for the safely of people and property. ~~::~ 11L::~(4~ ~~.,._..e ~ Ck~,,- ~ ~ CLJu~ · ;f~a.~. ~A~~~J .1J. ~ (JituCvv.L ~~b' fdd~1 J- (!!t~{3j~~ G(J-tt::Ju . ~, ~ */.~~. No. q 1\' w ...,;. . 1.. 2.2 2001 I Pi. di=.J -."...._,,."""~ ORDINANCE NO, 01-_ AN ORDINANCE AMENDING ORDINANCE NUMBER 87-15, AS AMENDED, THE BRETONNE PARK PLANNED UNIT DEVELOPMENT BY AMENDING SUBSECTION 3.6, MINIMUM YARD REQUIREMENTS; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 7, 1987, the Board of County Commissioners approved Ordinance Number 87-15, which established the Bretonne Park Planned Unit Development; and WHEREAS, on August 23, 1988, the Board of County Commissioners approved Ordinance Number 88-67, which amended Ordinance Number 87-15, the Bretonne Park Planned Unit Development; and WHEREAS, on February 28, 1989, the Board of County Commissioners approved Ordinance Number 89-10 to correct scriveners errors appearing in Ordinance 88-67; and WHEREAS, on December 8, 1998, the Board of County Commissioners approved Ordinance Number 98-112, which amended Ordinance Number 88-67, the Bretonne Park Planned Unit Development; and WHEREAS, on February 8, 2000, the Board of County Commissioners approved Ordinance Number 2000-09, which amended Ordinance Number 88-67, the Bretonne Park Planned Unit Development; and WHEREAS, Kevin Higginson of Coastal Engineering Consultants, Inc., representing Transeastem Properties, Inc., petitioned the Board of County Commissioners of Collier County, Florida. to amend Ordinance 87-15, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO MINIMUM YARD REQUIREMENTS SUBSECTION OF ORDINANCE NO. 87-15, AS AMENDED Subsection 3.6, Minimum Yard Requirements, of Ordinance 87-15, as amended is hereby amended to read as follows: 3.6 MINIMUM YARD REQUIREMENTS A. Single family attached and detached, estate homes, and patio homes: ~. Front Yard: 20 feet Words underlined are added; words otruck through are deleted -1- 11 :., 1 2 2001 ..lvi'S ::I....., 1 P'~. ~ '~.~...,..~,.. Side Yard: Rear Yard: Accessory Use Rear Yard: B. Zero lot-line residences: Front Yard: Side Yard: Rear Yard: Accessory Use Rear Yard: 5 feet 15 feet 5 feet 20 feet o to 10 feet; on the zero lot line side an overhang not to exceed 30 inches shall be allowed. 15 feet 5 feet C. Villas, Townhouses and Multi-family Condominiums: Front Yard: Side Yard: Rear Yard: ... SECTION TWO: EFFECTIVE DATE 20 feet 10 feet for two story, 15 feet for three story 20 feet (12 feet for Tract J where abutting eoIf course or lake tracts) ... ... ... ... This Ordinance shall become effective upon filing with the Department of State. County, Florida, this day of PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier ,2001. ATTEST: DWIGHT E. BROCK, CLERK. Approved as to Form and Legal Sufficiency: ~~A~L,on. ~ Marjo M. Student Assistant County Attorney g1admin/ AR-5J 1 )lRB/1S BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph,D., CHAIRMAN Words underlined are added; words otruck through are deleted -2- P ,\, 1 2 2001 "v,', t~:." ~?-~ EXECUTIVE SUMMARY APPROVE AN AMENDED ORDINANCE RELATING TO BOAT LAUNCH PARKING FEES Objective: That the Board of County Commissioners approve an amendment to Ordinance 80-47, as amended, making it a parking violation to park any boat launching vehicle with trailer within one mile of a county boat launching facility without displaying a paid launching receipt. Considention: On April. 10, 2001 the Board of County Commissioners approved an amendment to the Parks and Recreation Facilities License and Fee Policy to charge a launch fee and commercial launching permit at County owned and operated boat launch facilities. The Parks and Recreation Department desires to prevent incidents of non compliance by making it a parking violation to park non-permitted boat launching vehicles on publicly owned right of ways within one mile of any County fucility that includes a boat ramp or other boat launching capability. The proposed amendment to Collier County Parking Ordinance 80-47, as amended will make it a parking violation to park a launching vehicle within one mile of a launching facility without paying a launching fee. Fiscal Impact: No additional revenue anticipated over the amount authorized by the Board of County Commissioners on April 1 0, 2001 Item No.8 (D) I. /-.-.-. Growth Management: There is no impact on the Growth Management Plan related to this action. Recommendation: That the Board approves said amendment relating to Ordinance 80-47, as previously amended. . Prepared by: A~~.~ Murdo Smitli, Beach and Water Superintendent Depa.rtn:!Cnt of Parks and Recreation Date: b - t:/- 0/. Date: "J/ft/ I . Date: (p-Ll-O I dministrator i s Division A~A ITEM No, 'fG JUN 1 2 2001 \ Pg. /""- " '", . ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 ORDINANCE NO. 2001 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, ADDING A NEW SUBSECTION (4) TO SECTION 130-66 OF THE CODE OF LAWS AND ORDINANCES (ORDINANCE NO. 80-47, AS AMENDED) MAKING IT A PARKING VIOLATION TO PARK ANY BOAT LAUNCHING VEHICLE ON ANY PUBLIC ROAD RIGHT ..(JF-WAY WITHIN ONE MILE OF A COUNTY PARK OR OTHER COUNTY FACILITY THAT INCLUDES A BOAT RAMP IF THE VEHICLE IS NOT DISPLAYING A PAID LAUNCH RECEIPT OR COUNTY PERMIT TO LAUNCH BOATS FROM THAT FACILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, to avoid paying County fees to launch boats from County boat ramps, some individuals launch a boat from a fee-paid County boat ramp, park the boat launching vehicle on public road right-of-way outside of the County facility, and walk back to use the launched boat; and WHEREAS, the Parks and Recreation Department desires to prevent incidents of avoidance of paying these boat launch fees by making it a parking violation to park unpermitted boat launching vehicles on public road right-of-way within one mile of the entrance to any County facility that includes a boat ramp or other boat launching capability; and WHEREAS, the Collier County Parks and Recreation Department issues annual boat launching permits to both authorize boat launching from boat launching vehicles at County boat ramps and concurrently park the boat launching vehicle at the County park or other County facility with boat launching capability; and WHEREAS, it shall be a parking violation to park a boat launching vehicle on public road right-of-way within one mile of the entrance of the County park or other County facility that includes boat launching capability if the boat launch vehicle is not displaying either a County paid launch receipt or a County boat launching permit to launch boats from that vehicle at that County facility. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. A new subsection (4) is hereby added to Section 130-66 (in Article II) of the Collier County Code of Laws and Ordinances (Ordinance No. 80- 47, as amended), to read as follows: (4}. It is a violation of this Article II to park a boat trailer or other vehicle used to launch boats if the trailer or other boat launch vehicle is parked in whole or in part on paved or unpaved public road riqht-of-way within one mile of the nearest entrance to a County park, or other County facility that includes a boat launch ramp or has other desiqned boat launchinq capability and the boat launch trailer or vehicle is not displayinq a County boat launch permit or a paid County boat launch receipt to launch boats at that County facility, 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. "g.~tem NO. - - " . JUN 1 2 2001 pg._d- Underlined text is added;-Stf\K:k-lhrough text is deleted. 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 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 day of ,2001. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Deputy Clerk James D. Carter, Ph.D., Chairman Approved as to fonn And legal sufficiency !7J~ ?~ Thomas C. Palmer, Assistant County Attomey Agen(-t ,H_em No.~G ~ JUN 1 2 2001 pg._3 2 EXECUTIVE SUMMARY ~. AN ORDINANCE AMENDING SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 92- 60, AS AMENDED, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX THROUGHOUT COLLIER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORIDA STATUTES, AS AMENDED, PROVIDING FOR AMENDMENT CONCERNING THE USE OF TAX REVENUES TO EXPAND THE USE OF THE 1% TAX ENCOMPASSING, BUT NOT LIMITING IT TO THE SAME USES AS THE 2% TAX; CHANGING THE ALLOCATIONS OF THE 2% TAX. PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. OBJECTIVE: Approve an ordinance amendment expanding the use of the 1% Tourist Development Ta.x for all eligible beach projects including beach park facilities, ,---- Approve changes to the percentages allocated to category "A" beach actIVItIes, advertising/promotion, special events and museums, Staff originally proposed that fifty percent (50%) of the original 2% tax levy will be allocated to all eligible category "A" (beach activities) projects, while the remaining 50% of the 2% tax will be allocated as 19% for category "B" advertising/promotion and special events, and 31 % for category "c" museums, with County owned museums receiving 19% and 12% for museums owned and. operated by non-profit organizations and open to the public. However, the at the June 4, 2001 TDC meeting, the council recommended changing the proposed amendment to equalize the categories for advertising/promotion, special events and museums, by allocating 25% for category "B" advertising/promotion and special events and 25% for category "C" with 13% for "Cl" county owned museums and 12% for "C2" museums o\\-ned and operated by non-profit organizations and open to the public. CONSIDERATION: That the uses of the additional 1% Tourist Development Ta.x be the same as the category "A" uses. 1)ris amendment will allow the collection ofthe 1 % tax and 50% of the 2% tax. for category "A" to be used for the same eligible activities, and 19% for advertising/promotion, special events and 31 % for museums, categories "B", "c 1" and "C2" totaling 50% of the 2%, Currently, category "A" beach activities receives 100% of the 1% and 70% of the 2% Tourist Development Tax. Advertising/promotion, special events and museums receive the remaining 30% of the Tourist Development Tax levy. During the March 7, 2001 roc Workshop the Board of County Commissioners recommended that staff create a ten year plan for category "A" beach activities before any consideration would be given to the percentage change. The ten-year plan is complete and attached. r-- At the April 9, 200 I roc meeting, the council recommended to fund the Botanical Gardens for $750,000 and the remaining funds would go to the County Museum with the condition that when the ordinance change is approved the County Museum would be brought up to the budget needed to operate. AGENDA ITEM No. ~~ JUN 1 2 Z001 1 Pg. / FISCAL IMPACT: Decrease the amount available from the 2% tax for category "A" from 70% to 50% and increasing the amount for categories "B" and "c" from 30% to 50% of the 2%, GROWTH MANAGEMENT: None RECOMMENDA TIONS: Expand the use of the 1 % tax to include all projects permissible under the state statute such as beach park facilities that are now included for the 2% tax.. Approve the change in the remaining percent allocations of the 2% tax and authorize the Chairmen to sign the ordinance as amended. PREPARED BY: (h~f ~!L~ Jane. E, Eichhorn. TDC Coordinator IiI~ing and Urban Improvement DATE: if I ,C; .Oi REVIEWED BY: ~~ Greg M hc, Director Housing and Urban Improvement DATE: 6' .. .5--"' CJ / _. APPROVED BY: \ DATE: h (~b, M. uck, Interim Administrator mmunity Development & Environmental Services AGENDA ITEM No. ~\) JUN 1 2 2001 2 Pg. c:< .--. --~ ORDINANCE NO. 2001-_ AN ORDINANCE AMENDING SECTION 126-83 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 92-60, AS AMENDED, RELATING TO THE LEVY OF A 2% TOURIST DEVELOPMENT TAX AND AN ADDITJ:ONAL 1% TAX THROUGHOUT COLLJ:ER COUNTY PURSUANT TO THE LOCAL OPTION TOURIST DEVELOPMENT ACT, SECTION 125.0104, FLORJ:DA STATUTES, AS AMENDED, PROVIDING FOR AMENDMENT CONCERNING THE USE OF TAX REVENUES TO EXPAND THE USE OF THE 1% TAX ENCOMPASSING, BUT NOT LJ:MITING IT TO THE SAME USES AS THE 2% TAX; CHANGING THE ALLOCATIONS OF THE 2% TAX. PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. \VHEREAS, Section 125.0104, Florida Statutes provides for the levy of a local option tourist development tax by any county; wnEREAS, the Board of County Commissioners enacted Ordinance No. 92-60, which levied and imposed a tourist and development tax throughout Collier County for the purposes permitted in Section 125.0104, Florida Statutes, as amended, and to utilize previously collected tourist development taxes as authorized by Chapters 92-175 and 92-204, Laws of Florida, enacted by the Legislature at i~s regular session of 1992; and WHEREAS, the Board of County Commissioners of Collier County, by an extraordinary vote, desires to amend the uses of tax revenue and the tourist development plan to provide for coextensive use of Category A of the two percent (2%) tax and the one percent (1%) tax and to change the allocations of the 2% tax; and WHEREAS, the proposed amendments were presented to and approved by the Collier County Tourist Development Council. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Section 126-83 is hereby amended to read as follows: SECTION ONE: AMENDMENTS. Sec. 126-83. Uses of tax revenues. 1- Words underlined are added; words slItlek tflr6t1gil are deleted. AGEND.... ITEM No.~ JUN 1 2 2001 Pg, .3 (a). The tax revenues received pursuant to this division iffi€l the touriot tzm r~-;enueo pre-;io1:wly cell~ctcei frofl1 Nevcl'lll9cr, 1990, to No~efl1hcr, 1991, pUr3tiant ts ai~i6isn 2 sf thio artielc, shall be used to fund the county tourist development plan, which is hereby amended adopted as follows: Tourist Development Plan The two percent tourist development tax ~ Be was levied throughout Collier County beginning the first day of the second month following approval of this Ordinance by referendum. The tax district ~ include~ the entire geographic area of Collier County, Florida. The anticipated revenue for a two percent tourist development tax for all of Collier County over a 24- month period ~ ~ Seven Million Dollars ($7,000,000.00), less costs of administration. The additional one percent tourist development tax ohall bc was levied throughout Collier County beginning the first day of January, 1996 and terminating on Junc 39, 2000. ~ A a majority of the electors of Collier County voting. in a straw referendum e~ection approveg the continuation of the additional one percent tourist development tax prior to June 30, 2000, ~ therefore the additional one percent tourist development tax shall continue until terminated by an amendment to this ordinance. The tax district shall include the entire geographic area of Collier County, Florida, (1) The categories of use of the two percent and one percent tax revenues by specific project or special use are hereby listed in the order of priority: CATEGORY A - To finance beach park facilities or beach improvement, maintenance, renourishrnent, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. Percentage of Net revenue ~ ~ of the 2% tax and 100% of the 1% tax, 2 - Words underlined are added; words 311 t1.::k thrBtlgk are deleted. AGENDA ITEM No, JUN~Ol Pg. 1- reduced by the amount required for Category D. CATEGORY B - To promote and advertise county tourism within the State of Florida, nationally and internationally, which encourages tourism with an emphasis on off-season visitors to Collier County. ~ guiEklincG for Catc!Jory B fl:lndh~!J arc attucacd as EJchisi t "."." and incer!?orated hcrein. However, if tax revenues are expended for an activity, service, venue or event, the activity, service, venue or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the acti vi ty, service, venue or event to tourists. Percentage of Net revenue ~ 19% of the 2% tax reduced BY the amount Budgeted fer Cate!Jerf C. CATEGORY C - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more County owned museums or museums that are owned and operated by not for profit organizations and open to the public. Percentage of Net revenue hffiount Bl:lagctea fer tais C:lte!Jory BY tac BoarS. of Count) Commissioners each fiscal year, But net to cJcccca IS perccnt. 31% of the 2% tax. This amount may be amended upwardly or downwardly prospectively from the date of the budget amendment approval, provided that the amount of the aggregate allocation per fiscal year budget amendment does not exceed 15 !?ereent 31% of the 2% tax. Sub-cateqories: C (1) : Countv owned and operated Museums: 19% U1.l. : Museums bv orqanizations public: 12% owned and operated non-profit open to the CATEGORY D - To acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more fishing piers which are publiCly owned and operated. Percentage of Net revenue AGENDA ITEM No'~ JUN 1 2 2001 Amount budgeted for this Category by the Board of County Commissioners each 3 - Words underlined are added; words 51!1Ie1llhrellgll are deleted. P. s fiscal year, but not to exceed $200,000. This amount may be amended upwardly or downwardly prospectively from the date of the bUdget amendment approval, provided that the amount of the aggregate allocation per fiscal year does not exceed $200,000. It is the intent of this division that the above uses shall be Lmded separately, but simUltaneously in the above 'percentages regardless of the actual amount of net revenues collected. I~ is the intent of this division that the above uses shall be funded separately, but simultaneously in the above percentages regardless of the actual amount of net revenues collected. (2) The additional one percent tax revenues collected pursuant to Section 126-82(f) shall be used to finance beach park facilities, beach improvement, maintenance, renourishrnent, restoration and erosion control includinq pass and inlet maintenance shoreline protection, enhancement , cleanup or rc_ ~oration of inland lakes and rivers to which there is public access as these uses relate to the phvsical preservation of the beach, shoreline or inland lake or river. (3) The revenues to be derived from the tourist development tax may be pledged to secure and liquidate revenue bonds in accordance with the provisions of Section 125.0104, Florida Statutes. Such revenue bonds and revenue refunding bonds may be authorized and issued in such principal amounts, with such interest rates and maturity dates, and subject to such other terms, conditions and covenants as the governing board of Collier County shall provide. This paragraph shall be full and complete authority for accomplishing such purposes, but such authority shall be supplemental and additional to, and not in derogation of, any powers now existing or later conferred under law. (4) The event bonds are issued by Collier County for any of the purposes enumerated by the Tourist Development Plan, th amount of tourist development tax receipts used to pay deb 4 - Words underlined are added; words sa t1ek 1ftr611gft are deleted. AGENDA ITEM No.~ JUN 1 2 2001 Pg. (0 service on such bonds may exceed the percentages provided for the purpose for which such bonds were issued; provided, however, the maximum annual debt service on such bonds, together with any other obligations of Collier County which were issued to finance improvements for the same purpose and which are secured by the tourist development tax, must not exceed the stated percentage of tourist development tax receipts provided in the Tourist Development Plan for such purposes, as calculated as of the date of sale of such bonds. For purposes of performing the calculations described in this paragraph, the amount of tourist development tax receipts shall be assumed to be the amount provided as such in Collier County's immediately preceding annual audi t, plus, if the levy of such tax was imposed or increased subsequent to the beginning of the period which was audited, an amount e~~al to the estimate by the County Manager of the moneys the County would have received if the tax imposition or increase had been in effect during the entire audit period. At or prior to the issuance of bonds the County Manager shall provide a ce~tificate as to the findings required in this paragraph, which certificate shall be conclusive as to all matters provided therein. (b) The above and foregoing Tourist Development Plan may not be substantially amended except by ordinance enacted by an affirmative vote of a majority plus one additional member of the Board of County Commissioners. 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 portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of AGENOA ITEM he No. ~ to JUN 1 2 2001 tbe Code of Laws and Ordinances of Collier County, Florida. sections of the Ordinances may be renumbered or 5 - Words underlined are added; words 311t1,k thr6t1~h are deleted, relettered Pg. 7 accomplish such, and the word "ordinance" may be changed to .- "section", "article", or any other appropriate word. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of State and a certified copy of this Ordinance shall be filed with the Florida Department of Revenue within 10 days after the adoption of this Ordinance. PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County Commissioners of Collier County, Florida, this day of , 2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D, Chairman Approved as to form and legal sufficiency: LV~4W~ fvb~ c 'eline Hubbard Robinson sistant County Attorney HlJockIelOrdinancelAmend. Ord. 92-60-Master 0511610 J AGENDA ITEM No. 6 - Words underlined are added; words slf'Uel( thrstlgh are deleted. ~ JUN 1 2 2001 Po. ~ 9,200,000.00 X 5% 9,660,000.00 9,660,000.00 3 3,220,000.00 3,220,000.00 3,220,000.00 3,220,000.00 6,440,000.00 6,440,000.00 X 70% 4,508,000.00 6,440,000.00 X 15% 966,000.00 6,440,000,00 X 15% 966,000.00 Current TDC Funding 30k Breakdown Projected revenue for FY01 Projected increase annually Projected revenue for FY02 3% Tourist Tax 100% of the 1 % for Category "A" $3,220,000.00 "A" $7,728,000.00 "B" .~ $966,OOO.00l "C" .1 $966,000.001 rTAL 100% of the 2% 70% of the 2% for Category "A" $4,508,000.00 15% of the 2% for Category "6" 15% of the 2% for Category "C" $1.660.000.001 AGENDA ITEM NO'~ JUN 1 2 2001 Pg, 9 Staff Proposed TDC Funding 30/0 Breakdown 9,200,000.00 X 5% 9,660,000.00 9,660,000.00 3 3,220,000.00 3,220,000.00 3,220,000.00 3,220,000.00 6,440,000,00 6,440,000.00 X 50% 3,220,000,00 6,440,000,00 X 19% 1,223,600.00 6,440,000,00 X 19% 1,223,600.00 6,440,000.00 X 12% 772,800.00 Projected revenue for FY01 Projected increase annually Projected revenue for FY02 3% Tourist Tax 100% of the 1 % for Category "A" -+ 100% of the 2% 50% ofthe 2% for Category "A" --. 19% of the 2% for Category "B" $3,220,000.00 $6,440,000.00 "A" $3,220,000.00 "B" .1 $1,223,600.00l 19% of th~ 2% for Category "C"1 --.t (County Owned and Operated Museums) 12% of the 2% for Category "C"2 -.1 (Non-County Owned Museums) $1.223.6oo.00~ $772.aoo.00~ "C" $1,996,400.001 ~TAL $9.660.000.001 AGENDA ITEM No. ~\) JUN 1 2 2001 Page 1 Prepared by Eichhom...i 6/5/2001 /0 Pg. TDC Recommended Funding - 6/4/01 30/0 Breakdown 9,200,000.00 X 5% 9,660,000.00 9,660,000.00 3 3,220,000.00 3,220,000.00 3,220,000.00 3,220,000.00 6,440,000.00 6,440,000.00 X 50% 3,220,000,00 6,440,000.00 X 25% 1,610,000.00 6,440,000.00 X 13% 837,200.00 6,440,000.00 X 12% 772,800.00 Projected revenue for FY01 Projected increase annually Projected revenue for FY02 3% Tourist Tax $3,220,000.00 100% of the 1 % for Category "A" -. "A" $6,440,000.00 100% of the 2% $3,220,000.00 50% of the 2% for Category "A" --+- "B" .1 $1,610,000.001 25% of the 2% for Category "B" $837.200.OOI~ $772.8oo.00~ 13% of th~ 2% for Category "C"1 ----.J (County OWned and Operated Museums) "e" $1,610,000.00' 12% of the 2% for Category "C"2 -.1 (Non-County OWned Museums) $9.880.000.001 rTAL AGENDA ITEM No. ~D JUN 1 2 2001 Page 1 Prepared by Eichhom.J 6/512001 Pg. / / -- v.> ...l < b 1- ~~~~~~ :;:~!~~~ ~~~~::~ g \Cl ::i ~ ~ g .... ..r .... ... ~ ... .... ~ vi ... \Cl ..; i vi ~ ~ ~ I ~ ~ ... 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NNO\V)NlI') r--= ac=("r) "I:J'N ......f"") g N ~ roo ~g~Si ...."1 =c\CO\...... r-.....~QC= ........'" ...; ~ ~ ~ Q Ol .8 roo AGE/llDA ITEM No. ~f) JUN 1 2 2001 Pg. /~ .-- EXECUTIVE SUMMARY CONFIRMA nON OF MEMBER TO THE RURAL LANDS ASSESSMENT AREA OVERSIGHT COMMITTEE OBJECTIVE: To confirm the appointment of Kathy Prosser, representing The Conservancy on the Rural Lands Assessment Area Oversight Committee. CONSIDERATIONS: The Rural Lands Assessment Area Oversight Committee has 1 vacancy representing The Conservancy. This 15-member committee was created on September 14, 1999 by Resolution No. 99-364A to advise the BCC with regard to data collection, analysis and land development regulations to preserve the rural character without causing urban sprawl and the protection of natural resources. The area to be address by this Committee will encompass the Agricultural/Rural Areas and Conservation Areas. A list of the current membership is included in the backup. Dr. Steve Bortone, Environmental Science Director was designated to replace Dr. David Guggenheim as President and CEO of The Conservancy on this committee. Kathy Prosser has been named President and CEO of The Conservancy and it is requested that the Board of County Commissioners confirm Ms. Prosser appointment to the Rural Lands Assessment Area Oversight Committee. FISCAL IMPACT: NONE ",...-- GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners consider the request to confirm Kathy Prosser as the representative of The Conservancy, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JUNE 12, 2001 ~~J!!M ,'--" J:'::J 1 2 :::1 PI- I 05/10/2001 13:00 2620672 THE CONS OF SW FL PAGE 01 ~ THE CONSERVANCY Of Southwest Florida - - ~ - - 14~U McrrihlJt: f)mc' N:\plc~. Flmkl(l ,'\4Hr2 941.2l'>~.():\()" · F~x 1141.262,1lf>72 wV.lW, cnn~c:rv :\l1C",,(lr~ Apri123.2001 RECEIVED 1,:,~Y 0 6 2001 BY FAX: 774-3602 Board of County Co..1ssioners Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples Florida 34112 Dear Ms. Filson: Dr. David Guggenheim, while president and CEO of The Conservancy of Southwest Florida, sat on both the Rural Fringe and Rural Land Committees. At the time of Dr, Guggenheim's resignation, Dr, Steve Bortone. Environmental Science Dire4rtor, was designated to attend these meetings. ~ the new president and CEO,I will attend these meetings as The Conservancy's representative in place of Dr. Bortone. Enclosed is my application for these committees and a brief biography. If)'lOu have any further questions, please feel free to contact either me or my assistant, Dodie Weise (403- 4209 or dodiew@conservancy.org). lit ,j Sincerely. !(~~ Kathy Prosser President and CEO enclosures A~ ITEM NO. A JUN 1 2 2:~1 PI- ;;L l.IuJlillJ( the- clw.lIf'tl/I.~ trI protect QI'I(./ sl<Sta 05/10/2001 13:00 2620672 THE CONS OF SW FL PAGE 02 lWw.... I 4/lMl1 I~ I'M . ..~ldk.-~..Q"')~""'''''''' CoIIIiIt........w,;"jj:,i,._._. ...'....... ,...'.'..... ............'...... .... ~...~~~. "'''r'' . ~ ~., .r::'~T: . ~. ". '.,~~ .. '.' t'i~ ~ Kathy Prosser ...~: 4757 Cerromar Drive 1U:Jl(rJ. 262-0672 ...."...262-0304 $' ..... 530-7705 ,.. , ._,~ 34112 ...n~ kathyp@conservQncy.org ~~ The Conservancy of Southwest florida lIOUlorCo~,.....1It: Rural Fringe and Rural Lands ~(d~~, Environmental ~ ~_~Pt~..":";'l ., .~~....~".. i ,. Me )10'8 a .~... YDtID'''~ CcJa1l~ WI X "'- Do JDJh""'.....,.....,;)1......, 'Ws No X .... "tat... 6!at"" ' ~.7'ft'" 1e"".1'_ ".....ef. _I. 0."- c..,...,. uca~' y. .,.."...Iid'6h'-- ''V' IJ"utr. . . filii, X .... tiri)VUrl!8llllllUDlt1scma. It:irk9its, ~ ..x''''__~ -*. ami ~:wt: ......-11: bJuieJn; see attached ~~ J~~J 1 2 ,:31 Pa-J -.p:ttwww.<o.caIIi01.8.~~*y%20opplintiOll.lltm ...,0(\ 05/10/2001 13:00 2620672 THE CONS OF SW FL PAGE 03 ~ 1l-IE CoNSERVANCY Of Southwest Florida .r-- ------- --- ~ - 14511 Mcrrihue Driv\; . Nllplcs. Florida .34]02 941.262.0304 · Filll941.262.067Z www.c,onscrvancy.org. Kathy Prosser Conservancy President and CEO The Conservancy of Southwest Florida Kathy Prosser has been president and CEO of The Conservancy of Southwest Florida since December 2000. A seasoned environmentalist, Prosser has nearly 20 years experience in top-level positions for key organizations around the country. Before coming to Florida, she was president and CEO of the Keystone Center, an environmental dispute resolution organization in Keystone, Colorado. Prior to that, she served as U.S. Secretary of the International Joint Committee. From 1989 - 1996, Prosser was at the helm of the Indiana Department of the Environment as commissioner, and from 1988 - 1989. she was deputy commissioner for the Massachusetts Department of the Environment. Prosser spent 12 years working for Senator John Glenn, the last two as his chief of staff. Prosser holds a master's degree in Public Administration from Harvard University and is the recipient of numerous national awards including being named ~veming Magazin€ . S "Outstanding Public Official of the Year" in 1996. When she's not working, Prosser enjoys golfing and spending time with her standard poodle Annie. ~~ITEM J~N 1 2 2001 PI- Y utJdirIR the chal/f'I'IKt! 1(> pmtet:r and 1/I.,/4iIt SO/Athwesl Florido '.. IUllMTUl ettVironmelll. Rural Lands Assessment Area Oversight Committee NtlIIU! Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Fred Thomas 657-3649 09/14/99 06/22/01 2 Years 1802 Farm Worker Village Immokalee, FL 34142 District: CtlJegory: Housing Authority Mr. Grady E. Miars 495-1000 06/27/00 06/22/0 1 1 Year 4720 St. Croix Lane Apt. 134 851-3225 Naples, FL 34109 District: CtlJegory: Banker Mr. James T. Homer 04/24/01 00/00/00 1 Year 5708 Deauville Circle, #306 774-1791 Naples, FL 34112 District: 1 CtlJegory: Retired College Professor & Administrat Mr. Joseph S. Boggs 947 -0266 01/09/01 06/22/03 2 Years 2421 23rd Street, S.W. Naples, FL 34117 District: Category: Prof. Surveyor & Mapper Ms. Sonia Tuten 657-5519 09/14/99 06/22/01 2 Years 1255 15th Street N., Suite-3 Immokalee, FL 34142 District: Category: Business Owner - Irrigation Ms. Ann Olesky 657-2401 09/14/99 06/22/01 2 Years 6001 Lake Trafford Road Immokalee, FL 34142 District: Category: Business Owner - Marina :.o~JF 17tlU'Sd4y, April 26, 2oo} Page} of 3 JL:~J 1 2 ~::1 PI- V Rural Lands Assessment Area Oversight Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt lndExpDate lnd Term Mr. David Santee 657-3667 09/14/99 06/22/01 2 Years 395 N. 15th Street Immokalee, FL 34142 District: Category: Fann Bureau - Agency Manager Mr. Floyd Crews 657-2429 09/14/99 06/22/01 2 Years P.O. Box 610 Immokalee, FL 34143 District: Category: SW FL Service & Supply - Owner Mr. Ron Harnel 675-3180 09/14/99 06/22/01 2 Years P.O. Box 1319 Labelle, FL 33975 District: Category: Gulf Citrus Growers Association Mr. Andrew J. Mackie 348-9168 09/14/99 06/22/01 2 Years 360 Sanctuary Road Naples, FL 34120 District: Category: Corkscrew Sanctuary-Asst Mgr Dr. Neno Spagna 434-4635 09/14/99 06/22/01 2 Years 3850 27th Avenue, S.W. - 455-2168 Naples, FL 34117 District: Category: Community Planner Dr. Stephen A. Bortone 262-0304 08/01/00 06/22/01 1 Year 1450 Menihue Drive Naples, FL 34102 District: Category: Environmentalist ~~?M Thrusday, April 26, 2001 Page2of3 Jt.:N 1 2 2001 PI- (1) Rural Lands Assessment Area Oversight Committee Nmne Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Rodney D. Harvey 262-4333 09/14/99 06/22/0 1 2 Years 4099 Tamiami Trail N., Suite 200 Naples, FL 34103 District: Category: Realtor Mr. James S. Howard 591-7920 06/27/00 06/22/01 1 Year 2253 Heritage Greens Drive 514-1584 Naples, FL 34119 District: Category: Project Manager - Bonita Bay Ms. Dawn Jantsch 262-6376 09/14/99 06/22/01 2 Years 3620 Tamiami Trail North Naples, FL 34103 District: Category: Chamber President This 15 member committee was created on September 14, 1999 by Resolution No. 99-364A and confirmed by Ord. No. 99-87 to advise the Bee with regard to data collection, analysis and land development regulations to preserve the rural character without causing urban sprawl and the protection of natural resources. The area to be addressed by this Committee will encompass the Agricultural/Rural Areas and Conservation Areas. ,.....,..... /.2 '3 I,v ~ FL STAT StIIff: John Dunnuck, Acting Community Development Administrator. 403-2385 :.o~M JUN 1 2 2001 PI- 7 T/nusdlly, April 26, 2001 Page 3 of3 ..........-" OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on August 1 0, 2003 on the Airport Authority. CONSIDERATIONS: The 7 member Airport Authority was created on June 22, 1993, by Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, fmance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 10 interested citizens: APPLICANT CATEGORY DlST ELECfOR AnV. COMM. ,,--, Len Cutler Naples 3 Yes None Foster E. Harris Marco Island I Yes None Charles Krout, Jr. Naples I Yes None Kevin Pfleger Naples 3 Yes None Charles R. Reyher Naples 2 Yes None Franklin D, Secrest Naples/Everglades City Area 5 Yes None Sam Speechly Naples 1 Yes None Wallace E. Turner Naples 3 Yes None E. Raymond Rewis Chokoloskee/EvergIades City Area 5 Yes None Nick Sawn Everglades City 5 Yes None COMMITTEE RECOMMENDATION: Consider the applicants that reside in the Everglades area first: Nick Saum E. Raymond Rewis Franklin D. Secrest FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE .r- RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to fulfill the remainder of the vacant term, and direct the County Attorney to prepare a resolution confirming the appointment. AGENDA ITEM Prepared By: Sue Filson, Administrative Assistant NO. ~. c., Board of County Commissioners Agenda Date: JUNE 12,2001 pa. JJN 1 2 2001 I ~,,'( AIRPO~ COLLIER COUNTY AIRPORT AUTHORITY ~ ~~~ 2003 Mainsail Drive ~ ~ Naples, Florida 34114 .~ 0 (941) 642-7878 J ,--> ~ Fax (941) 394-3515 (..) V "'" www.collierairports.com May 17,2001 RECEIVED MA'i l: 4 2001 The Honorable James D. Carter, Ph.D., Chairman Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 Soard of County COIIIllli ssioller$ RE: Open Position For Airport Authority Board F..ach eornm. Rec3d Copy Dear Commissioner Carter: ~ At the Airport Authority's Board meeting of May 14,2001, the Airport Authority voted unanimously on the following recommendation to the Board of County Commissioners concerning the new appointment to the Airport Authority Board: 1. Consider the applicants that reside in the Everglades area first due to the fact that the Everglades area is not represented on the Airport Authority Board and the seat that was vacated was the Everglades seat. These individuals consist of the following: Mr. Nick Saum Mr. E. Raymond Rewis. Franklin D. Secrest 2. If one of the individuals above is not selected by the Board of County Commissioners then the Airport Authority recommends that the following individuals not be considered due to their applications indicating an application to the "Naples Airport Authority Board". This indicated to the Airport Authority a lack of knowledge ofthl.( Collier County Airport Authority system of airports. AGENOA~M NO. r: JUN 1 2 2001 Enclosed is a summary sheet listing the applicant's name, address and backgrc rod 9...ualifications';L- Pg. Kevin Pfleger Len Cutler Marco Island Executive Airport 2003 Mainsail Drive Naples, FL 34114 (941) 394-3355 (941) 394-3515 Fax o Immokalee Regional Airport 165 Airport Boulevard Immokalee. FL 34142 (941 ) 657-9003 (941) 657-9191 Fax o Everglades Airpark P.O. Box 689 650 E.C. Airpark Road Everglades City, FL 34139 (941) 695-2778 (941) 695-3558 Fax The Honorable James D. Carter, Ph.D., Chairman May 17,2001 Page 2 If you have any questions, please contact me at 642-7878 Ext. 1. CC: Airport Authority Board Sue Filson JHD/gdh H:5.17.01BCC.BoardMemberRequest Sincerely, ~ tL II~ John H. Drur Executive Director A~ ITEM NO. (l ~ JUN 1 2 2001 Pg.3 / , i ~ ; -< o = > ~ ;: o == ~ ;;:;J -< ~ ~ o --., ~ -< ~ == ~ ~ o ~ r.IJ ~ Z -< U ~ ~ ~ ~ -< -, / 00 z o - ~ u - r. - ~ -< ;:J 0' ~ Z ;:J o ~ C :::ld u -< ~ 00 00 ~ ~ ~ -< ;>. ~O'\ ~..... ..... c'<::t 0("<") ..... ~...J c~ g en~ o~ .....0.. o ~ onZ '-0 '<::t ..... 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MJ. 7 Jt.:N t 2 20m Pg. { I~ - ro ';> ro c; 'u l-o v a a o u "0 a >. l-o ro ~ 's .,gt: - 0 c fr ~'a v~ > -e; v .-'. -'v..c:: tI) _ . ~ ..c N .~ ~ ~ - l-o ro Q) - :.=: U._ .s a tl)c.S c . ~ .g 0 -- ro ._ ...... 0.. ~ ro .s ~ "O~ v .- j: 1a o a ~'i: _ 0.. a,) ] u v > l-o V tI) V ~ ~ o~- o 0 ~ N~Z \0 ~ l-o V E =' t- (.Ij v u ~ ca ~ Q,r c ~ 0.. tI) t:: ~ o . ~ tI) 1-0 ~ V >. o N 1-0 V > o 1-0 ~ ..... ..9 'a t" o fr ~ ~ o~ ...... c U ';i tI) := v..o ~2 ehS ~ ~ > ar ~ tI) vN ..c:: v .....- - ~ ~ ~ 1a g. 1:>0"0 c c ] ~ ~ ~ :r:: 0 0\ - - 00 M - o~ O\M M.....;J 3~ ~ v v v u~ 8..9 0] in] ~u ~ M ......J ~ CIl .~ v ez::: "0 c o a >. ro 0::: (.Ij ~ OJ) c 'c & o 1:! co o CJ .... .Sl '" U -0 co -0 co ~ U o o N :i ~~~~ JUN 1 2 2001 .s- Pg. Airport Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Robert E. Doyle, Jr. 434-4954 11/23/99 , 08/1 0/03 4 Years 3201 70th Street, S.W. 263-0929 Naples, FL 34105 District: 2 Category: Legal/EDClPilot ~ .,J 11/05/96 08/1 0/99 Herbert H. Noren (ib\fI.:lY" \)\ 3 Years 133 Estelle Drive ~ ~ \" 695-2815 09/14/99 08110103 4 Years Naples, FL 34112 District: 1 Category: Aviation Ernest Spinelli 08/10/93 08/1 0/97 4 Years 106 Tuscana Court, #703 353-4138 08/26/97 08/10/01 4 Years Naples, FL 34119 District: 3 Category: Airport/Engineering Karl H. Geng 11/23/99 08/10/01 2 Years 695 Embassy Court 389-2027 Marco Island, FL 34145 District: 1 Category: Computer Eng Business/Pilot Eugene J. Schmidt 09/08/98 08/10/99 1 Year 383 Harbour Drive, #205 263-3444 09/14/99 08/10/03 4 Years Naples, FL 34103 District: 4 Category: Aviation Stephen L. Price 657-3171 08/10/93 08/10/97 4 Years Highway 29, South 08/26/97 08/10/01 4 Years Immokalee, FL 34142 District: 5 Category: PilotIBusinessman ~. Wednesday, December 15,1999 Page 1 of2 NO. ~ JUN f 2 200f Pg. (() ,r' .- Airport Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Monte Lazarus eef cr'* ~~ 783 Bu...h C~urt ~-;}.. c...) eru.Jay 394-4104 Marco Island, FL 34145 District: 1 Category: Attorney 02/15/94 08/26/97 08/10/97 08/1 % 1 3 Years 4 Years This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may incJude, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is ava~able for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. -----. FL STAT: 330 & 333 Staff: John Drury, Executive Director, Airport Authority: 642-7878 Wednaday, December 15,1999 Page2of2 NO. JUN t 2 2001 Pg. 7 MEMORANDUM DATE: April 16, 2001 TO: Vinell Hills, Elections Office l' . I Sue Filson, Administrative Assistant'--f-Jl..., i. I '" ... Board of County Commissioners . " FROM: RE: V oter Registration - Advisory Board Appointments RECEIVED APR 1 8 2001 Board of County CoHfssiontrs 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. AIRPORT AUTHORITY COMMISSION DISTRICT Len Cutler 5010 Kingston Way Naples, FL 3~119 ~r Foster E. Harris P.O. Box 1157 Marco Island, FL 34146 ~ Charles Krout, Jr. 8574 Mustang Drive Naples, FL 34113 ~ Kevin Pfleger 5236 Hawkesbury Way Naples, FL 34119 ~ Charles R. Reyher 5809 Glencove Drive, #908 Naples, FL 34108 r -- Franklin D. Secrest 124 Wilderness Cay Naples, FL 34114-9617 ~ Sam Speechly 5332 Cypress Lane Naples, FL 34113 r- l 3 d-. ,-- .j I 3 J ;::::;f .~ ~,.--'~ r'-.J \...,~ ~~~ ~UN if 2001 Wallace E. Turner 6200 Reserve Circle, #403 ~ Naples, FL 34119 U 3 E. Raymond Rewis ~ Post Office Box 390~"~-L. iV') ~t?~ ~ Chokoloskee, FL 34138 I N Lel< $a~J?1 (,96" I(f3Y ;{((.lD 8QJ{ ftl~ 0 ~'. ,I ~1{i [;:ve r~ !p.de.s eft, Fr..- 3'/131:( 1 e5 -- hi,ef ( Thank you for your help. I\v ~e \\\\ {fS.tetu ,.J ~: ';.f.#~ ir-t.e'~" I ~~~~ JUN 1 2 200f Pg. 9 .;#. FROM EVERG...ADES PHCN: NO. Apr. 20 2001 04:50PM Pl \'. .- tC~\jO~ ~ :. , ~L.- 1'"" l I ,0 tI,...:!\ f).~ '. . . . ,-. L., _u.._--<<----.---. :tIlWIIJf"".I' · ...-;,;;- __ -- - - - - - - - --;..-;;- ~t-;Ii_;e-;.~Wpoi;~ r-....- - -- -- -~a.IU:--'-- : .~.;.~ ~:.~.l ;;. ~~ :~r,~~.':'!:. .; ~", ::.~", ~~:!;:,'~."~'~' ..~ ~~~. !":. .:; ~ '.:\.. .,~, ,";:~"l~' '~.'- '.'" \"11";:-' .... ~".: Party 1& Q Democratk Put)' Q RepubIIaft Party .~ Put)' AlI&fian 11 A- yOW' ~aJld AddftD Whee You WIN PNviOU5ly ~ (if appliabll) ~ 18 AcIdJIu CiIJ c.u.ey s.. ,. Do You Nerd Aaitt__ to Vote? Oy" No alh; 1 ,1..., ~""~'li . ,....~.1: ~~"'!' "'t~r:"!\' i~..1~: . I ".ill....,,,,-.:I ..",i ,1..r."l'I.'l :~ (',,,,,,,:i:'.:t!,\I'lI.i IN l.:n;:,,,~ !'4,'''", ":1J :1". C,'n~til\!:il," ,":n..' ~;thl (>j FJI"i..s~. . I i1m q\l~I:'lcd 1,1 n.'\:I~t..r .,~ .>n 0'h.'(!,'1 I.",kr la., C,\I'l"lillllillll,'n.J L,Wt I.j ~ !'4r.:.: l>f Fk'ril!.. . 1 "11' " \,). S. (iri,..,.. . I ,1111 " I"!,.al 'fll,t.-n1 t'f AMid., AU j"ri'rmaliM (>1\ Ihl.lMr.l if l,\IlI. I \lnJ."~Ta"d 11"'1 ii it Is..." tN..,l ~;t., No c,""'ic1l!4 tot" fok'!\\" ,";:1\0 Ihjr~ ,,,.!I,...' i1nd 1it1N lip '" !>!o.OllII"rwl/,., imJ,'rifo.""od k\r lOr lCO fl,..t ~'.."N. SIGNATURE. Si1ln or lfta~k .allnt l~ "Oil "tow. 1I,",,,li. withoul s;alloltural f/t;t ;rf,r~~ Fold on dotted center .... peel off tape. MOJ and mail; .. .. ... -" . . ...... .. ..,... - -... . .. -- -. ..... - .. - .... . .. . AGENo~ ' . - . - , .. - -N()..--=-- - - - ~- - . ,.. JUN 1 2 2001 P,. _/ (/') MEMORANDUM DATE: April 18, 2001 TO: John Drury, Airport Authority Executive Director FROM: Sue Filson, Administrative Assistant Board of County Commissioners RE: Airport Authority As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume fur consideration. I have attached the resumes received for your review as foUows: Len Cutler 5010 Kingston Way Naples, FL 34119 Foster E. Harris P.O. Box 1157 Marco Island, FL 34146 Charles Krout, Jr. 8574 Mustang Drive Naples, FL 34113 Kevin Pfleger 5236 Hawkesbury Way Naples, FL 34119 Charles R Reyher 5809 G1encove Drive, #908 Naples, FL 34108 Nick Sawn Box 192 Everglades City, FL 34139 Franklin D. Secrest 124 Wlldemess Cay Naples, FL 34114-9617 Sam Speechly 5332 Cypress Lane Naples, FL 34113 ~~ JUN 1 2 2001 Pi- // Wallace E. Turner 6200 Reserve Circle, #403 Naples, FL 34119 E. Raymond Rewis Post Office Box 390 Chokoloskee, FL 34138 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive sunnnary for the Board's consideration. Please eategorize tbe applieants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ~~j JUN 1 2 2001 Pg. / ()- Mar2? 01 12:21a Leonard Cutler 941 598-4492 p. 1 IslandWalk 5010 Kingston way Naples, FL 34119 Phone: 941 5Q6-227 4 FAX: 941 sge ~4:12 Leonard Cutler Fax .. Sue Filson, Admin. As:!l, From: Len CUtler Fma 774-3602 P..- 1 ...... DiIlI.c 3/27101 ... CC; o Urgent 0 For ...... 0 PI.-e Comment 0 PI_ ~ 0 ....... ..... I would like to apply for the open position on the Airport Authority Advisory Committee. I have been a permanent resident of Naples since July, 2000. I moved here from Boston, MA. I am retired. My entire adult business 'ite was devoted to the ownership of four companies. The largest. employecl54 persons. I was the President of each company. I am famiJiarwith all phases of company ownership, management and operations. I was honorably discharged from the U.S. Army. I am a graduate of American International College, Springfield, MA. I am currently a Business Development Consultant, when I take on an assignment. I have been a Student Pilot with 45 hours of flying experience in a Mooney single engine aircraft. I have beCome familiar wIh the situation related to the Naples Airport Authority since I became a resident of Naples. I have kept abreast of the news relative to the Naples Airport. I have ample time and a keen interest in the position and would welcome the opportunity to join the Authority. I would sincerely appreciate your consideration. My address and ather pertinent infonnation is at the top. ~~~~ JUN 1 2 2001 PI- .( ? 84-95-91 19:31 MARCO ISLAND TAX COLLECTOR 10=941 394 7542 P.G1 Foster E. Harris P.O. Box 1157 Marco, FI. 34146 941 642 5955 oPM"~ RECEIVED APR 0 5 2001 April 01, 2001 ~ard of County COM.issionets DONNA FIALA COLLIER COUNlY COMMISSIONER DEAR DONNA, Saw recently in Naples Newspaper yall are looking to fill vacancy on Airport boards or Collier Enforcement Board. As you know I have been a resident of Florida and Collier county since 1984, first coming to Marco in 1965. I do go north in the summer time for a three month period. but could retum if . necessary for a meeting in Naples. My age is a young 72 years and I have over 3500 hours of pilot flying. J owned my own twin engine airplane that I flew in all kinds of weather for business as I ran a successful multi million dollar metal fabricating company for many years in Dayton Ohio. I have also built three homes mostly by myself and served on board of directors from banks to association to civic associations. I was active in Marco Civic Association for many years, retiring as vice president in 1992. I graduated from college in 1951. I could perhaps serve the county in either the Airport situation or the Enforcement board. ,.,~ '~ Sincerely ~~ JUN 1 2 2001 Pg. / t( Charles Krout Jr. 8574 Mustang Drive Naples Florida 34113 (941) 793-4525 Fax (941) 793-4128 E-Mail chask@mindspring.com RECEIVED MAR 2 7 2001 Soard of County Com.issio~ March 26, 2001 Mr. Tom Henning Collier County Commissioner 3301 Tamiami Trail East Bldg. F Naples FL, 34112 Each com~'d Copy OF JOe TH PSM JC Dear Commissioner: Please consider this, my application for the vacant seat on the Collier County Airport Authority. I feel I can make an effective contribution to the work of the Authority. I am a lifelong enthusiast and participant in the aviation world. I am a private pilot and an FAA certified instructor. I am active on the Florida Wing Staff of the Civil Air Patrol and hold the rank of Lt. Colonel. Before moving to first Marco Island and later to Lely Resort in the late 1980' s I conducted an Executive Recruiting business which specialized in searching for Sales Executives. Prior to that I held Sales Management positions in the Business Systems field. I remain active in community volunteer work with the Civil Air Patrol, the Conservancy of SW Florida, the Collier Auto Museum, and until recently the Collier County Shaeriffs Office. By experience aand training I am an organized and original thinker with a leadership background, which would bring a new and balancing presence on the Authority. In early April I shall be calling you to arrange an appointment during which you may be able to further assess my potential contribution. Sincerely yours, '\ ~7~\' I' , ~\ Charles out Jr. cc: Mr, John H Drury A~ITEM NO. ('t JUN t 2 200) Pc. /... c::;- . RESUME / Charles Krout Jr. 8574 Mustang Drive Naples Florida 34113 (941) 793-4525 Fax (941) 793-4128 E-Mail chask@mindspring.com Born in Philadelphia Pa. Married Three grown children Four grandchildren Educated in Phila. public schools, University of Penna., Various Military and professional schools Veteran of United States Navy Trained as a Mechanical Engineer. Twenty Five years experience in Sales and Sales Management of Business Machines, Business Systems, Management Systems and Graphics Past President Business Machines Managers Assn of Baltimore Md.. Fifteen years experience as CEO and sole stockholder of Sales Consultants, Southeastern Michigan and Sales Consultants of Oakland County Michigan both engaged in Executive Recruiting. Private Pilot (ASEL) FAA Certified Aviation Ground Instructor, Advanced, Instrument. Past President of Bendix Flying Club, Troy Michigan Active in the daily operations of the Civil Air Patrol, Auxiliary of the United States Air Force. Past Commander of Group 5 (Ofsix)ofthe Florida Wmg(State Group) of the Civil Air Patrol Deputy Director, Senior Programs, Florida Wing, Civil Air Patrol.(Senior means over 21 years of age) Active in Community volunteer affairs and charities in Collier County. Official in local homeowner group. Treasurer, Conservancy of SW Florida Volunteer Connection Former Volunteer Deputy, Collier County Sheriff's Office. Director Collier County Automobile Museum Docent's Assn. Respectfully submitted, Charles Krout Jr. ~~~ JUN 1 2 2001 PI- / (t? RECEIVEOJ APR. 0 9 20m go' -Fe . t' , ,. arf,l 0, ount.\! I..om.fss loners April 4, 2001 Board of County Commissioners C/o Sue Filson, Administrative Assistant 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Filson: I am interested in being considered for the Naples Airport Authority Government Advisory Board. As such, I have enclosed an abbreviated resume for your review. In addition, I would like you to mow the following which may affect how I am considered for this position: I work at Gulf Coast National Bank My employee owns and operates an airplane at the facility My office is literally 200 yards from the end of the Northeast runway I have no agendas concerning the major issues which the Airport Authority is now considering I am simply an interested citizen with certain financial and managerial skills that may be helpful to the board. I also have a history of community involvement and volunteerism. Please feel free to contact me if you have any questions at 430-1639. Sincerely, ~itt I P Kevin Pfleger 5236 Hawkesbury Way (home address) Naples, FL 34119 ~~M JUN 1 2 2001 Pg. 17 Work Experience: May 1998 to Present March 1990 to May 1998 .- KEVIN D. PFLEGER 5236 Hawkesbury Way Naples, Florida 34119 (941) 566-3535 kevinp@gcnb.com Gulf Coast National Bank Airport Road Office, Naples, Florida Market Executive and Vice President Primary responsibility is business development and sales management. Barnett Bank, N.A. Naples, Florida Branch Manager, Vice President - Fifth Avenue Office Managed the largest Banking Office in Collier County, a $150 million branch with 13 employees. Responsibilities included establishing a sales plan, implementing initiatives, and motivating staff to acheive budgeted goals. Commercial Loan Officer Responsible for establishing new corporate banking relationships Senior Credit Analyst Education: Graduate, CBA School of Retail Bank Management, University of Virginia, 1998 Activities: Bachelor of Science in Business Administration, University of Florida, 1985 Major - Finance Graduated with High Honors Gainesville, Florida Licensed Real Estate Salesperson, since 1999 Greater Naples YMCA Board of Directors 2001 United Way of Collier County, Dibursements Committee 2001 Naples City Council Campaign for Clark Russell, Treasurer 1999-2000 AGENDA ITEM Fifth Avenue South Association: President 1996-1997; Director 1995 991!lO. 9e- JUN 1 2 2001 Pg. /P 03/26/2001 14:54 19415669861 SHR ENT PAGE 01 S U-e A '/.sON IlbmliJt'S7l?RTiVe IJ-SSlSr,qAJT a,A~ of CbuAJI'f Q,wvn~SS/O.JJe~ S f:iJ~ 77~-360~. 3Itit'/() I REceIVED '",", f, '1 "'; ? ~ 200f . . ~. "'" f.,.~ ~ ,,?If 4~ t..l ~ -~~. ~~ ~.countj Co.w.1Ss1ooers J.~)'~~&d "K ~ _ J.k~Au.tb'r'r1:. oA~~ C<?1f~-Hr...., e,X.t2t#H..~ Lu:"A/~~"~~~ ~CU~~~~~ ~. Clldc 3 ~ ~ G1t- ~ k ~C4... ~~ a.D ~kO'1.,# 1L"'1~ ~eu~~~aJ~~~tho'J;;~ ~,. ~~J tutDffi. ~ ~,~~ aflac./71at(J/Z.., ~~ 3EJ'I~ Q#a..~~~TlcA ~~iu.aJ. ~~J~~~J;,~~",;Il~ ~tL~~ J ~~~~ ~-J~Ul ~~&7ii ~ . ~ ~ aq)cn#-tr-~) ~~ ..y"y- ~ i.R:~ L- ~4f9 L-Jottlf G) ~ 7() ~ ~ ;'~ B-7~7> J1:z;u::. ~-:;;;:;~ J.~,J~~ J ~4IlAU.bJ 4r~ ~ t) R~~ ..7) ~~ . U'A? 3. ~ -- ~~ ?') ~ JElt1~CM~~ uN ~ -A1tud., ~.oJ. ~ "" ~~ 4'~/~~~~. ~~- ~.- JUN \ 2 20 /~ - Pg.- CHAIU8 R. AEVHI5A .. Gl.ENOOVe DR._ NAPLES, Fl. 14108 ~-9g'?K tj~~) ~K~~. /'- :J7C(-351'-" RECEIVED ~ April 16,2001 APR 1 7 2001 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples Florida 34112 Board of CountJ Com~issioners Dear Mrs. Filson: I would be interested in serving on the Collier County Airport Authority. I was a visitor to Everglades City for over 40 years when I became aware of the possibility of getting a hangar at the airport. I was the second person to apply and, after I was approved for one of the hangars, I bought a house in Everglades City and have been there ever since. I own three airplanes, one of which I built. I have been flying airplanes since 1956 and have made much of my living from flying, either airplanes or balloons, for the last 25 years. I have run an aerial advertising business for that long. In addition, I am a semi-retired consulting geologist. I am very much aware of the programs which have been begun under the Airport Authority and think that I could contribute in the ongoing expansion of the aviation and business endeavors, I have attached a resume listing only my aviation qualifications. I would be happy to meet with the Commissioners at their convenience. Sincerely, 44 J NickSaum ~ Box 192 Everglades City, FL 34139 941-6954834 AGfKJ~1TEM NO. c.... JUN 1 2 2001 pg. ;:; () Participation in Pioneering Fli~ts In September of 1992, he was the Reserve Pilot and Crew Chief of the German Team in the Chrysler Challenge Transatlantic Race. He was in charge, along with another leading balloonist, of the laWlch and recovery of Steve Fossett's world-record-breaking flight across the Pacific in 1995, Fossett's flight across the United States in 1996, and Fossett's record-breaking flight halfway around the world in 1997. In 1997/98/99 in the same role, he assisted Kevin Uliassi in his record-breaking attempts to be the first to fly a balloon nonstop around the world. Aviation Service Positions He is presently Chairman of the Safety Committee of the Balloon Federation of America (BFA) and has been for many years. He has been Chairman of the BFA Government Liaison Committee, a member of the BFA Events Committee, and a member of the Gas Balloon Events Committee. While Chairman of the Government Liaison Committee in 1984, he organized and participated in the rewriting of the Practical Test Standards for Ballooning together with the FAA and several BFA Designated Examiners. He helped organize and participated in the meeting with the FAA AP0-800 Team and FAA Regional Representatives in 1985 to formulate a Balloon Event Waiver Policy (GAOTH 8700 Ch. 49). He was Chairman of the Rozier Committee in the Gas Balloon Division of the Balloon Federation of America from 1990 through 1995. He was Assistant Balloonmeister and Assistant Championship Director at the US National Championships 1982 through 1984 and also in 1987. He was Championship Director in 1985 and 1988. He was an official at the 1999 National Championship. He was Safety Officer for the 1999 Remax Gordon Bennett World Gas Balloon Qualifying Race. He is the Safety Officer for the 2001 National Championship. He was an Accident Investigator for the BFA (Balloon Federation of America) in 1983 and 1984. He has been a Designated Examiner for the FAA and was an FAA Aviation Safety Counselor from 1982 through 2000. He is a past president of the Colorado Balloon Club, former Balloonmeister, and former Editor of the Colorado Balloon Club newsletter. A~ITEM NO. -+ (l JUN 1 2 2001 Pg. CJ.-I Official Observer Role in W orId Record Flights He was the Official NAA Observer for Richard Branson and Per Lindstrand's two W orId Record Altitude flight attempts from Page, Arizona. He was the Official NAA Observer for Troy Bradley's World Record Altitude Flight in 1994. He was the Official NAA Observer for Nikki Caplan's World Record Distance flight. He was the Official NAA Observer for Julian Knott's World Record Altitude flight. He was the Official NAA Observer Tim Cole's World Record duration flight. He was an Official Observer at the World Balloon Race in S~ Japan in 1993. Publications. Aviation Related Propane and Fuel Management, 1991, Balloon Federation of America, 47pp. Propane and Fuel Management, 1994, in Balloon Digest. Power Line Questionnaire.- Balloon Federation of America, 1997 - Principal author. The Legend Which Became a Vulture, 2001. - Many articles in Ballooning Journal since 1976. ~ JUN 1 2 2001 PI- ?;l. J1j W 941 389-4373 i!J 4/12/01 C9 4:51 PM D 1/3 franklin D. Secrest 124 Wilderness Cay Port of the Islands Naples, FL 347 74-9617 H: (947) 389-4373 M: (947) 269-7214 F: (947) 389-4374 Objective: Application to serve on the Collier County Airport Authority Commission PROFESSIONAL EXPERIENCE Federal Aviation 1959-1964 Adminlstraflon Kansas City, MO AIR TRAFFIC CONTROLLER IN CH 'CAGO ARTCC United AJrlines, JNC 2/24/64 - 9/30/93 Chicago. IL FLIGHT OFFICER: VICKERS VISCOUNT. DC-6. DC-7, B727, 8747-100, DelO, RETIRED AS CAPTAIN, 747-400. 22,000 COMMERCIAL FLIGHT HOURS EDUCATION AND TRAINING United States Air Force Numerous Schools 1957 to 1955 Bogan Junior CoHege Chicago, IL AA Equivalent 1957 to 7960 AGENDg ITEM NO. e~ JUN 1 2 2001 PI- ~-:s M!. ~ W 941 389-4373 Ii!J 4/12/01 C9 4:51 PM Aeronautical education: AIRCRAFT RATINGS: AIR TRANSPORT PILOT AIRPLANE MULTI ENGINE LAND RATINGS: B727, B747, DelO, B747-4 COMMERCIAL PRIVILEGES AIRPLANE SINGLE ENGINE LAND AND SEA FLIGHT INSTRUCTOR, AIRPLANE SINGLE ENGINE FLIGHT ENGINEER RECIPROCATING ENGINE AND TURBO JET POWERED. ORGANIZATIONS AJrcraft OWners' and Pllo'ts' Association Frederick, MD SUST AINING M EM BER AIR LINE PILOTS' AssOCIATIION MEMBER IN GOOD STANDING CEDAR'S NORTH AIRPARK BATTLE GROUND, WA PRESIDENT, 1957 to Present 1 964 TO 1993 1993 TO 1995 I AM CURRENTLY ACTIVE IN GENERAL AVIATION AND HAVE AN AIRCRAFT HANGARED AT EVERGLADES CITY AIRPORT. I BELIEVE THAT I COULD EFFECTIVELY SERVE ON THE COMMISSION OF THE COLLIER COUNTY AIRPORT AUTHORITY. INASMUCH AS I LIVE IN CLOSE PROXIMITY TO TH E EVERGLADES CITY AIRPORT, I AM WILLING TO SERVE IN THIS CAP ACITY . SINCERELY, FRANKLIN D. SeCREST Cl 2/3 ~~ JUN 1 2 2001 Pc. tfJfes~ioul f' OlfllflRJlihj . ci emees, fne. April Sf 2001 Ms. Sue Filson Administr:ttivc Assistant Board of County Commi.monCll'S 3301 Tamiami Trail East . Naples, FL 34112 Via Fax Tr&lJSmiuion: 774-3602 RECBVED t?RO 5 2001 Board of County Con.issioners Dell Ms. Filson, I have just received a memo ftom the Chambc:r of Commerce. requ~'ng RlSUIDCS for pasitions on various COUDty committees.. I would otfer my seniccs for the Airport Authority or the Code Enforcement Board. I have enclosed my resume fOI" your perusal. Please contact me. at your COIlVcaieaoe for Idditional questions or commmdl. SiDcerely, .~ Sam Speochly, CCM CAM Presiderd Community Services of Ameriea. IDe. 5J 3?- C''f(rt!'S.s LOh ~ ll@jD1fJ, J-t..- 3 L{ I f.::J -- t.( 3 t.f- 53 rS- ~~~ JUN 1 2 200' PI- riS- P.O. Box 110156. Naples, Florida 34108-0103 · Office: (941) 352-6780. Fax: (941) 352-12;4 I '..I " / Q C ' 0 IJ (I \l ~ (\ I:HI" U J I (I J ^ 0 (l'" !AI ~ (\ '" ' n I Inn 7 ,~ 'I II \.I P.mfessjnnR1.>>i~ 'CllaON.L C. s.muel $pIIechiy, Jr. CCM, <:AM 11112152, JefterIonVllle, IN 8po1.88: Sherri IOUqATIOM I"'" univerelty, 1m. 1974, BuII...~ Club M.... ~on at ~ ceraned Club ........ 1_ 8_ of FlorIda. CommunIty ~ u.tIger, 1_ 1'~"9Y.ENT PrrIrf ,f.. ContInurIIty ....lie. .... PCS .. formIId to pruvldtt net antv compnIhIulllive c1L1b n..........w., but 1tIo~ ni ~~I.loneI menagemo 01 HameawnIf.. CandatnInUn ~lItIanI. A.AJ..~..., Club ....... of..... -. 1.." PCSA .. bn1ed to provide _elOJ*' _ r'MI\'IW CMMd cIubIa mM'a by wtIIch to.......r clubsn mll.lf _DCf8IICnt in . ftIcIIy.... 11*1-1 whit providing ~ hoIpIbdtly. ...1IppIIII1ng ...... ..s auperior..w... ..""" ~........" -.. 1_ ..1"., 80111 the pIWnItr .,,~ --nu ~I~ -..ansa WIth the GOUr*Y cIub_ ,..... "..u... "",.,. ~ 'M. ftl1 AelUuIWtt, H* end InItItutianIIA sChocI. ........".. tIoII. Coanfry~ ,.. 1_ ..... davaIopIr Ind member 0lMI8d gal _ cat.nry ciub8 In K8nIucIcr, IndIIN ... FlatdL IfIvwClly...".,..., -. Fwly owned........ encI ~ ..vica Golf Co.... eo..lrUCtlon or RanowtIon eypr.. Waada Golf & country ClUb, NePM, FL ArchIIct, ~ LMa The PonIIt QaunIIy Club. R. Myera. FL TIm~ _ GaIf & CcudIy Club, SIn AntanIo. FL LanIbroak Galt Club. fDtIIm ~ FL ArohiIItCt, Ran ca. 1_ .. flit ~~~ JUN 1 2 200t PI- ;;2 <0 /- 7 ',l "/00.' (HI ('\IV" 1:1111'11'11' I" 1111'" IIIU 11.. ' 11 I 1 n n 7 . (' 'I AU ClubhoUM eon.tructIon or RMovatJon eypr.a Wooda Gaaf & Country Club. N8pf88, FL Tampa B8y Golf & CcuItry Club, s.n ArConIo, Fl BOCII del .. Caurdry Club, Boca R8D1. FL Cour1trylMde Galt' " CawItry Club, NIpI-. FL Hs;dand Golf & Country Club, Inct.IIIpaIl.. IN H8mKHlY' LancIng Country Cub, GoIhen. I(Y ~'~ ~HIC'OM ~~wn ~~11UJI~ In anl~ ~4~ JUN 1 2 2001 PI- ;;< 7 L\IWn17,nl Inn7 'Il 'In\.! - April 11, 2001 Mrs. Sue Filson, Administrative Assistant, Collier County Board of County Commissioners R~ .\ ~')'( 1 1 .~".~~, . ,I ., " 1 to...... lo/' , SQard .f CountJ eo..issloners To the Commissioners of Collier County, I would like to apply for the position of Member of the Board of the Collier County Airport Authority. I am familiar with the three airports under the jurisdiction of this authority and am interested in seeing them thrive. I have been interested and involved in aviation since 1952, serving first in the military and then in commercial aviation, primarily as a pilot I believe smatf airports can be profitable and can contribute a great deal to the economic activity of a county. This, t believe, probably will not happen automatically, but will be a result of careful planning and nurturing and the use of resources available in the private sector as well as alllevefs of government. I am very pleased to see the efforts and the progress being made at the three county airports and realize it doesn't happen easily. On the various Boards of Directors and in the civic organizations I have been a member of in the past, I focused on need assessment, plan development, review procedures, promotion and organizational structure. Please see my short resume, which accompanies this application. I enjoyed my activities in the past and would like to contribute in this worthwhile activity. Sincerely, ~~JE>/~ Wallace E. Turner 6200 Reserve Circle, #403 Naples, Florida 34119 941-455 6061 1"-' ~~ JUN 1 2 2001 PI_ ~ 1? '\ This is a short resume of Walface E. Turner I was born on August 24, 1932 at Albion Iowa, a small town in central Iowa. J graduated from Albion High School in 1949, attended Marshalltown Junior College and graduated from Cae College, Cedar Rapids, Iowa with a 8A in Political Science. My wife, Joanne and I were married in Munich Germany in 1955. We were residents of WiJlfingboro, New Jersey from 1958 through 1985, 8enton Township, Illinois from 1985 through 1997 and, Naples, Florida since 1997. I joined the United States Air Force in 1952 and served on active duty for almost fourteen years and, as a reservist with the New Jersey Air Guard for another nine years. I retired from the NJ Air Guard as a Lt. Col. in 1976 and from the USAF in 1992. I entered pilot training after joining and remained an active pilot throughout my military career. J operated large transport aircraft starting with the C-119, DC- 6, C-135, C-121, C-7A, and C-47. I served in Co-pilot, Pilot, Instructor Pilot and Flight Examiner positions logging approximately 8700 military flying hours. Other military positions I held were Squadron Intelligence Officer, Flight Safety Officer, Scheduling Officer, Assistant Operations Officer, Command Post Duty Officer at base through Air Force level, Officer In Charge of a flight simulator sedion, and Deputy Group Operations Officer Command and Control. I joined American Airfines in 1966 as a pilot. At American I operated the L-188, SAC 1-11,8-727,8-707, DC-10, MD-80, 8-757, and 8-767. I served as Flight Engineer, First Officer, and Captain. I retired from American in September 1992, and at that time had logged over 23000 flight hours. In New Jersey, I was active in local politics from 1966 to 1972, and served as a municipal party chairman for two years. I was a member of NJ Common Cause for many years and served on their State Steering Committee for 3 years. I served on a variety of local health boards, county and regional health planning boards, a special state health committee, and a regional hospitatbased perinatat cooperative board over an eight-year period. I served on a municipal local development corporation for two years, a LOC, and participated in a redevelopment study of our community. I have not been active in local affairs since 1985 and while Jiving in Illinois, taking a break from aU that. In Florida I have been active in the affairs of our church and have served on several committees. I have been flying light airplanes since 1988 and now own a Cessna TR182, which f keep at Immokalee Airport. Joanne and f reside in the Vineyards. ~~ JUN 1 2 2001 Pg. d:< 9 01/15/1994 07:51 8136953020 CITY OF EVERGLADES PAGE Ell RECBVED E. Raymond Rewis APR 1 3 2001 Post Office Box 390 Board of Couat" CoIIIIfssloners Chokoloskee, Fl 34138 941 695 4270 Apri113,2oo1 Mrs. Sue Filson Administrative Assiatant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Via Fax 941 7743602 RE: AIRPORT AUTHORITY VACANCY Dear Mrs. Filson: It is my understanding there is a vacancy on the Airport Authority due to a resignation. representing Everglades City. In receipt of this letter, let it serve as my application to serve on the Ahport Authority. r reside in Chokoloskcc Island and lease aT-Hanger at the Everglades City airport. I have been a pilot for over twenty years and own my own plane. I have resided in the EYefglades City area most of my life. I take great interest in the surrounding airports, mainly ftom my flying activity and use of the facilities. I own and operate two separate businesses in the area, one in Chokoloskee and the other in Everglades City. I would greatly appreciate the opportunity to serve as the representative for Everglades City on the Airport Authority. For reference you may contact Sammy Hamilton Jr., Mayor of Everglades City at 941 695 3781. If you should have any questions, please contact me at 941 695 4270. :;=~~ E. Raymond Rewis :.o~~~ JUN 1 2 2001 Pg.l?(J -..... EXECUTIVE...:SlJMMARY ,- APPOINTMEN'TOF' 'MEMBER(S) 'Eo. T-HElNE)US"I'RIM..Im~Lc)PMEN'I' A'UTrF{ORlTY OBJECTIVE: To re-appoint 2 members to serve 4 year terms, expiring on June 12,2005, on the Industrial Development Authority. CONSIDERATIONS: The Collier County Industrial Development Authority is a 5 member board created pursuant to State Statues with the power to issue Industrial Development Bonds to qualifying projects. The Authority meets several times a year at irregular intervals. Members must be residents of Collier County and qualified electors and are required to file a form 1 Statement of financial interest each year with the Supervisor of Elections. Terms for are 4 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT John AgneIli Ross P. Obley CATEGORY N/a N/a COMMITTEE RECOMMENDATION: John Agnelli Ross P. Obley ~ FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JUNE 12,-2001 ~:~D~I}SM JUN 1 2 2001 PI. I ,r-.. Industrial Development Authority NIlIIU! Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Alice J. Carlson OS/26/98 OS/26/02 4 Years 2730 Leeward lane 435-3988 Naples, FL 34103 District: Category: Jack R. Humphrey 643-2010 11/07/95 02128/99 4 Years 3963 Enterprise Avenue 4/13/99 04/13/03 4 Years Naples, FL 34104 District: Category: Barbara Minch Rosenberg 592-6199 11/07/95 02128/99 4 Years 2436 Orchid Bay Drive, #103 4/13/99 04/13/03 4 Years Naples, FL 34109 District: Category: John Agnelli 343-5888 ~ 2900 South Horse;,'lOe Drive 6/10/97 02128/00 4 Years Naples, FL 34103 District: Category: Ross P. Obley 263-6921 OS/26/98 02/28/01 3 Years ~ 802 Slashpine Court Naples, FL 34108 District: Category: Established on February 27, t979, by Resolution No. 79-34 pursuant to FL STAT 159, Part III, This authority is composed of 5 members who serve staggered, 4-year terms, This authority has the power to sell industrial revenue bonds. Money generated from the bonds would be used to construct industrial plants, equipment and other facilities which would be leased or sold to private industry. n ~-rW Susan Pareigis, Executive ~eFeta"j Economic Development Council 3200 Bailey Lane, Suite 162 Naples, FL 34105 263-8989 FAA: 26~21 FL STAT: 159, Part ill Staff: Don Pickworth, Attorney: 263-8060 ~~ JUN 1 2 2001 PI. ~ Wednesday, April 14, 1999 PlIIle 1 of 1 MEMORANDUM DATE: May 29,2001 TO: Donald A Pickworth 5150 N. Tamiami Trail, #602 Naples, FL 34103 FROM: Sue Filson. Administrative Ass' Board of County Commissioners RE: Industrial Development Authority As you know, we currently have 2 vacancies on the above-referenced advisory connnittee. 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: John J. Agnelli 373 Bay Meadows Drive Naples, FL 34113 Ross P. Obley 802 Slashpine Court Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory conunittee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDAITEM NO. '::/- 0 JCN 1 2 2001 PI- 3 Collier County Industrial Development Authority 3050 N. Horseshoe Drive. Suite 120 Naples. F L 34104 (941) 263-8989 Fax (941) 263-6021 Internet: swfloridobuslness.comlnapleHldcliOol CHAIRMAN Jack Humphrey International Packaging Machines \UTHORITY MEMBERS John J. Agnelli In tell/net, Inc. Richard A. Bottriof First Union National Bank Carol E Girardin, C.PA Bf/ant & Girardin Barbara Minch'Rcsenberg Colusa Bay GENERAL COUNSEL Donald A. Pickworth, Esq. Donald Pickworth Law Office EXECUTIVE SECRETARY Susan E. Pareigis Economic Development Council of Collier County, Inc. " ~f-- May 24,2001 Sue Filson Administrative Assistant Board of County Commissioners Collier County Courthouse, Building "F' 3301 E. Tamiami Trail Naples, Florida 34112-4977 RE: Appointments to the Industrial Development Authority Dear Sue: The Collier County Industrial Development Authority has discussed the re-appointment of two current members, John AgneIIi and Ross Obley. Mr. AgneIIi has been a member of the Authority for nine years and brings to the Authority his background in development and in high tech business. Mr. Obley, besides being a member for several years, is a former Executive Secretary of the Authority and a former Executive Director of the Economic Development Council of Collier County. The Authority relies heavily on their experience and knowledge, and we recommend their re-appointment. _If you need further information, please give me a call. Respectfully, RECEIVED Board MAY 2 5 2001 AGENDA ITEM C<NCIt.Y COHiss 1~.o JUN 1 2 2001 PI. John J. Al1'eUi i. Pruident and Chief Executive Officer and a member of the Board of Directors ofInteUiNet, Inc.. a local electronics controls company. Mr, Agnelli formerly served u the President and Chief Executive Officer of Lely Development Corporation and its IUblidiarie.. He was also the President of Lely Realty, Inc. He had overalJ responsibility for the company', land haldinS' in the United States. Prior to joining LeIy, he was Vice President of Power Col"pOlation, another major land developer in tho Naples, Florida area.. For four (4) years. Mr. AaneUi wu also President olPower R.ealty, responsible for marketing the above mentioned properties. . As President of Lefy Development Corporation and PresideDt of Lely Realty, Inc., Mr. AancUi oversaw the development of Lely Resort Community which offen three (3) OUtstanding gol{ courses, The Cluaica by Gary Player, The Plamil1jJo by Robert Trent Jones. Sr., and the fUture Mustang Golf Club by Lee Trevino. At the entrance to Lely Reson i. a new Naples landmark _ the Lely Freedom Horses. The I1IODUment wu completed u.nd.er the direction ofMr'. AgnelJi and is considered to be the most outstanding eatrance to any community in South Florida. In addition to LeJy RBsolt, Mr. Agnelli oversaw the completion of Lely Barefoot Beach, the development of Woodbridge Creek. in Temple, Texas as well u overseeing the operation of the Lely Ranch in Presidio, Texas. Previous to joining Power Corponti~ Mr. ApelU wu Vice President of SunbreJla Realty _ a major home builder in the Napl~ area for the put 25 Years and, earlier, was a partner and general manapi' of Coat Concrete Corporation, . manufActurer and supplier of CODcrete. conccete b10cJc and roof tile. Mr. Asnelli hold. a Bachelors Desree &om McMaster University at Hamilton, Ontario, Canada. is married with two children and has raided in Naples fbr approximately 25 years. AGEN~ ITEM NO. n JL:N 1 2 2001 Pg. '-~ - JOHN J. AGNELU BOAaD MDOIK.R: Collier County Indu8tJ1at DevetOf;Mnent Authority IntemaUon" Callege - Chairman. B08rd of Trustee. Naptes lnatrtute of Mount Ida CoItege - Soara at Govemors Village Sane of Nape. Youth H8V8I1 PAST BOARD MEMBER: SancFlolfda Collier County l!ducallan Found8tfon economic Development Counci of Coller County Firat Union Bank of Florkfl Junior Achievement Advisory Bow FELLOW: Naples Institute of Mount Ida College . MEMBER: Nap'" Area Soard at RHftons Naples Chamber of Commerce PntllJdent's Club St. Pet..... CathoUc Chuteh flUftTHER: 1993 rectpient of the Paul Han1s Fe~ IIWaf'd tram tile Rotary Foundlltlon ~ Rotaly International. In Febroaty 1993. 8WMSed the 'YMCA PIoneer PrHrnlnent: AWIU'd by the Caller County YMCA - UHI highest honor beatond by the YMCA. Chaifman at the YMCA'. MII.' fundnli8er golf tournaments. Founding member of the Coller County EdUC8tton FoundIlUo"'. Golden Apple IIWMt for aWIbIndlng taachele. Deeply convnftted to eduCltion. IS evldtmeed by edison CommLlnky CoUege'. Nap.. campus at LeJy RMOrt. ActJve partidpant In tundrItHra for VMoUS Ioc8I ctwttabIe organLutJona. COMMUNITY SERVICE: Advisor: PMt President: SUe, lufloll ~n for M. J. VofpI for County CamrlUsfoaer Lety Golf Estata P.OA Avalon SchooI- Pwent AdIon Group ea. Napa. MIddle SchooI- Parent ActIon Group LeI)' HIgh acnoo, - Plnnt Ac:tfon Gn::HIp Naples Cotillion AGENO~ITEM NO. D J~N 1 2 2:31 PI- (p ) JOHN J. AGNELLI 373 BA Y MEADOWS DRIVE NAPLES, FLORIDA 34113 PERSON~ Bom: Education; Toronto, Ontario CANADA Oecenmoer27, 1940 Bachelor of Arts McMaster University - Hamilton, Ontario CANADA Area of Study: English, French, Psychology Several TechnIcal and Sales Courses; Portland Cement Association - SkokJe, Illfnoi. FAMTf .y Wife: Diane M. A&neUi Teacher at Moorings Presbyterian Day School LeeAnn .Ape1U Horton Dartmouth Collqe Bolton ColJese - Law Scbool Member of the w..".dwsetta Bar Auociatioa Children: Paul A,n.eUi BOltOn Collep Johnson & Wales Culinary Iultitute ~~~ JUfJ 1 2 2001 Pi. 7 t;',v;f Roo P. Obley Perso...... AI. Birthplace ManW Childres .B~ MiIiluy ,2& f - S~:.../ 69 years Pe:aDsylvaia Con. 47 )1IiII'I, llalEsat. ~ Collier COUIIly 4-& FOIll"'uioa: (Am.. Cocaa:y llepubJica. Executive C.(WL"'''~ 1'-'; PeHca. Bay ~aI Sew_ Taxiaa Uah: Jloa. Jr.- North Florida BIIIk TlU 08!ce:r (Tt.Vtbl-.e) ll11iac: "~1LIIDd opcntes 1ft ~ QOII1pay (T.n..,.,~) Cards -Maupr ofTJlo CoiDpmy (Co~ Obio) 802 St.~ Coart · N...1=b.ida ),4108 Haw reddccl.ilr. Naples ... -. 1m -'.F1odda .me>> 1974 I..U US eo.. Guam... x..a. War Echacadoa ]951.B.$. 1wdv~t1 FAr"'" ~ ~.. 19S1 MeA }.r-ielll UIaivc:airy. w....;..atoA. D.C. 1910Seaiar ~tM Coaaa, c--....v-1ba tJaiwnit.l.- c.....atcy A.cdYttIes N~ Day~. Put 'P:nIIWe:at tad. a.ric:t Govcmor't1lept tJ~...e . . Amarice Souicm Golf' A~ Pn::IIG_ ' . . SunTlult a.k. ~ ",.....~ DA~.. (lSIO-U96) . Jatem....l Sciora Am.tCIUJ' Go1tSocloty, Qawaor J:'Nm,..ml"! ~ ~c:D. Put Qa.:"UIiIQ ad Pre.idet JUl1-rillDewlopmaat ~'d~. ~ ~md ~ber. N,,_ AI-. n.~ af())ol.~L._.~ Put P:esidaat -G'_LAll..:7 4...... ""-~ 1"- ......17~- O\~..fty B-"'" CaN. p,sc TlUItwe ;Nap.. C-"*y!bpka!. Pall ~ .Florida Bar Grimm.ce eo.1lUl\7ae., Put Jay ~ CoDicr CoaatyOdza eo. R"'~ A Productivity C'WIlo..Jrt'l!', Past a.~_ Forum Cab - Sau otlia....~ llavof-"'<<l ...... Lpen.ce 1996 .llcd:nd BUliDea CQlUS'1r~ . 1987-1995 .B-~ .De\~.. COIIIIdl otCo1ler ~~.. ~..Idaat 1"5-1917 E. F. BIPt~ ~ s~ ~21~ &.pi....... 1951-1984 W~_~ ~ CoI.Pantita. a.dnd . Nap1... Florida. Pruidmt of co~Jry cIeveIopmet !QbrMea ill Collier ad Lee C--;.. (Pe&cc Bay, .... T _..~ GallWay) ~tfPf JL;N 1 g,2001 PI- ~ . ; . .. ; , . .4l: . Coral sPa..s.1'Iad4a. ~ of -...gay.......... ~ _ ~ . ~ IUb"M~ Sbay pro.t.ets; ciatzre= stG:s. . ~ ~ ~~~to~_ rw:....~ mtcll'azbIic s,.emL Helped lIIInI,e" 20 PWur ad~" ofW~.ouaa ..tes. M"'.p-fIIt IIld IMtbt~poBt;Oas "~-d with ocea&I-.&1oc:rDia aulaJdjpboard .ftIfNtmy lardwm.. . . . . . " ~~~M J~N 1 2 2001 PI- 9 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO HOUSING FINANCE AUTHORITY ,......-... OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacancy, expiring on April 13, 2003 on the Housing Finance Authority. CONSIDERATIONS: The Housing Finance Authority has 1 vacancy. This 5 member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Chapter 159, Part IV, of the Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance or commerce. Members are subject to filing a Form 1 Financial Disclosure Statement annually with the Supervisor of Elections Office. Terms are 4 years. A list of the current membership is included in the backup. Ms. Dawn Litchfield resigned her seat on the Housing Finance Authority. A press release was issued and resumes were received from the following 1 interested citizen: APPLICANT CATEGORY DIST ELECTOR I JoAnne M. Kuehner I N/a 14 I Yes I COMMITTEE RECOMMENDATION: JoAnne M. Kuehner ,......-. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: June 12,2001 AGEN04IT~v1 NO. e JUN 1 2 :::,1 Pg. I ."--- Housing Finance Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term John T. Conroy, Jr. 261-3400 08/05/80 08/01/81 1 Year 3255 North Tamiami Trail 04/24/98 08/03/01 4 Years Naples, FL 34103 District: Category: Commerce T. M. Hayes 262-8686 10/12/99 10/12/03 3 Years 150 North Street 566-3614 Naples, FL 34108 District: Category: Accounting Thomas M. Palmer 566-2300 5811 Pelican Bay Blvd., Suite 102 03/31/98 08/03/01 4 Years Naples, FL 34108 District: Category: Finance ~ 1;':5..'" eJ 02/05/91 12/02/94 Dawn Litchfield ~ ''-.1 261-4800 4 Years 209 2nd Street, W. 04/13/99 04/13/03 4 Years Bonita Springs, FL 34134 District: Category: Finance Gary D. Lind 262-8800 03/21/95 03/21/99 4 Years 4001 Tamiami Trail North 04/13/99 04/13/03 4 Years Naples, FL 34103 District: Category: Finance AGEND?J.TE)t:f -,.g. '::I- r: JC:~ 1 2 2001 ~ Pi. I Wednesday, October 13, 1999 Page 1 of2 Housing Finance Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member authority was created by County Ordinance No. 80-66 on July 29, 1980, pursuant to Chapter 159, Part IV, Florida Statutes as a governmental body authorized to issue tax exempt bonds. Not less than a majority of the members shall be knowledgeable in one of the following fields; labor, finance, or commerce. Members are subject to filing a Form 1 Financial Disclosure Statement annually with the Supervisor of Elections Office. Terms are 4 years. FL STAT: 159 Staff: Attorney Don Pickworth: 263-8060 Wednesday, October 13,1999 Page 10{1 JU:. 1 2 2DD1 Pi. -3 ~ - ----, ) .~ MEMORANDUM DATE: May 29,2001 TO: Donald A PickWorth 5150 N. Tamiami Trail, #602 Naples, FL 34103 _ oP/ Sue Filson, Administrative Ass~ /\ ' Board of County Commissioners FROM: RE: Housing Finance Authority As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: JoAnne M. Kuehner 1537 Gordon Drive Naples, FL 34102 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time.frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ~~N~?M J:':N 1 2 2001 Pg. Y 124/2BB1 13:84 9414347318 RET PAGE 03 · built two homes for street boys to live in a safe and secure environment; · developed. Feeding the ChDdren program for severely malnourished children; · established The Angel Fund, which provides emergency surgery and medical treatment to critically ill Haitian children with life- threatening diseases. In addition to her work in Hait~ 10Anne is very active in the Naples community. As a Eucharistic minister at St. Ann Catholic Church, she distributes communion to patients in the hospital and to the homebound. She is a volunteer for the Literacy of America program, teaching English to a young Haitian woman so that she can improve her skills to obtain a better job. She has also been a volunteer for Hospice, supported Habitat for Humanity, and has served on the Board of Directors of Girl's Inc., The United Arts Council, Catholic Charities, and the Radiation Therapy Regional Center, whose purpose is to review cancer protocol. She currently serves on the Catholic Charity Foundation Board and has recently been awarded an honorary Doctorate degree from the U Diversity of Scranton in recognition of the work she is doing in Haiti. She is also a Dame of the Order of Malta, the oldest Catholic lay order in the world, whose mission is to care for the poor and the sick. AGEND~ITEM NO. +F~ J~'~: .~ 2 ~::1 PI- 7 Jo^,- M. K.la.. P-P2 SI2~l 05/31/01 11:26 FAX 9412617579 GRt$B ~lS ------- . ----.-.- III 002 HOUSING FINANCE AUTHORITY OF COLLIER COVNTY C/o JoHN T. CONROY, JR. CCIM 3201 NORTH TAMJAMl TRA.1L .NAPLES, FLORIDA 34103 PHONE: (941) 261-3400 FAX: (941) 261-7579 May 31, 2001 Ms. Sue Filson Administrative Asistant Board of Collier County Commissioners 3301 East T~n'\1Ami Trail Naples, FL 34112-4977 Dear Ms. Filson: Re: Appoin1meDt to Housing Finance Authority The Housing FinlD1Ce Authority bas di:;<us5ed i1s cmrcnt'iOJ::8J1C'f as a RSUlt of the resignation of long-timc mcmbc:r Dawn Litchfield- We UDJierstand _Mn. Joanne Kuehner bas applied for appo~ MIS- J(>>cbner is known 10 ,."."".! D>CD>l>crs of the Authority and we beIievc she wou1d be an outstanding addition to the Authority. As you can see from her:resume. she brings a dedication to assisting the less fortunate in our society, and a strong social conscience that we feel important in the kind of work we do. This past wcckend. she WlIS awatdcd an honorary DoctoDltC from the University of ScranIOn in recognition of the years ofwork in the '"Hope for Haiti" project. I, personallY. have _ Mr. and Mn. Knchner for at 1eaSt ten years. and wonld 1ilre 10 offer my strong personal recommendation along with that of the entire Housing Finance Authority. If you or any eoJDJUissio- bas need offurthcrinformatiou. I would be pleased 10 speak. with you or with them. - I ~~tj~ I JUN f 2 200t I Pi. i - APPOINTMENTOFMEMBER(S~ T0l'HEELlijCj\llONALF'ACILITIES, AiI.ITH@m.TY OBJECTIVE: To appoint 2 members to serve 4 year terms, expiring on June 12,2005, on the Educational Facilities Authority. CONSIDERATIONS: The Educational Facilities Authority has 2 terms expiring. This 5 member authority was established by the BCC on March 23, 1999 by Resolution No. 99-177 pursuant to FL STAT 243.18 - 243.40 to transact any and all business and to exercise any and all powers authorized by the Act for an educational facilities authority. International College requested an EF A to assist with tax-exempt fInancing of its now administrative/classroom facilities planned for the Northbrook College PUD. EF A is limited only to financing projects on behalf of private, nonprofIt, post secondary educational facilities. A list of the current membership is included in the backup. The terms for Ross P. Obley and John Agnelli have expired. A press release was issued and reswnes were received from the following 3 interested citizens: APPLICANTS: Kenneth Lloyd - requesting new appointment John J. Agnelli - requesting reappointment Ross P. Obley - requesting reappointment _......-~ COMMITTEE RECOMMENDATION: John J. Agnelli Ross P. Obley FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. - Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JUNE 12, 2001 A~ ITEM NO. p- JUN 1 2 2001 PI. / ,-- ~- Educational Facilities Authority NIUfIe Work Phone Appt'd Exp. Date Term Home Phone Date.Re-appt 2"tlExpDate 2nd Term Mr. Ross P. Obley 263-e921 03/23/99 03/23/0 1 2 Years 802 SJashpine Court Naples, FL 34108 District: Clltegory: Mr. John A~ 343-5888 03/23/99 03/23/00 1 Year 2900 South Horseshoe Drive Naples, FL 34103 District: Clltegory: Ms. Barbara Minch Rosenberg 592-6199 03/23/99 03/23/03 4 Years 2436 Orchid Bay Drive, #103 Naples, FL 34109 District: Clltegory: Mr. J. R. Humphrey 03/23/99 03/23/04 5 Years 3963 Enterprise A venue 643-2010 Naples, FL 34104 District: Odegory: Ms. Alice J. Carlson 435-3988 03/23/99 03/23/02 3 Years 2730 Leeward Lane Naples, FL 34013 District: Odegory: A~ ITEM NO. ~ J~N , 2 200t PI. d- FriIMq, Mtq 11, 2tJtJ1 Pllge 1 of 2 Educational Facilities Authority NIIIIU! Work PhtHU! Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Established by the Bee on March 23, 1999, Resolution No. 99-177 pursuant to Fl STAT 243.18 - 243.40 - (Higher Educational Facilities Authorities Law) to transact any and all business and to exercise any and all powers authorized by the Act for an educationaf facilities authority. International College requested an EFA to assist with tax-exempt financing of its now administrative/c1assroan facilities planned for the Northbrook Village PUD. EFA is limited only to financing projects on behalf of private, nonprofit, post secondary educational facilities. . FL STAT 243.18 - 243.40 StIIff: Don Pickworth, Attcrney: 263-8060 AGEJoIDcjlTEM NO. t:: JUN 1 2 2001 p&'3 FrUltq, May 11, 2.1 Page 2 ofl MEMORANDUM DATE: May 29,2001 FROM: Donald A. Pickworth 5150 N. Tamjarni Trail, #602 Naples, FL 34103 ()J ~ Sue Filson, Administrative Ass~ ~ Board of County Commissioners TO: RE: Educational Facilities Authority As you know, we currently have 2 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: Kenneth Lloyd 5408 Freeport Lane Naples, FL 34119 John 1. Agnelli 373 Bay Meadows Drive Naples, FL 34113 Ross P. Obley 802 Slashpine Court Naples, FL 34108 - 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 .ppUcants in areas or expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ~1r- jUN \ 2 200\. P&- _ LI I -.., VOCATION8L/ADULT ED. TEL: 813-436-6414 RECEfVEday 22' 01 10:21 No.OOl P.Ol MAY 2 2 2001 Off' f C .JO_ O:atA' 5 - ~~ -dloo I Ice 0 argef\O(f Cou ty ~1II"I'Ss ieRers Technical Number of pages (including cover): ..{ Ed ucation ~riCl ScbN;' ~ ~ ...... -\ '$ ~[JJi ."CcAr Cfw.!~ .~ j , 3702 Estey Avenue Naples, Florida 34104 To: fhr-s,. Sue P;' Sa~ (941) 43Q.6900 ext. 2085 FAX - - (941) 430-6915 FAX Number: 771/-3/'0;) Company: BaarJ d.{ GU1ltv G~"h~if}#I~rJ Department: :1. ,i ., l . High School Career Academies Barron Collier High: Medical Hospitality Business & Finance I Gulf Coast High: Business & Finence Engineering & Natural Resources Health & Human Services Media & Technology From: 1< e n. t\ -e~ L l (J ~ d Comments: Lely High: Construction & Engineering Afl.4t.~ ~d t; Cl {~# ~r ~ I'- (.~+-f!(~s.f Cl~( c... bi;e( rert1/~.e .faY" ctJn.r;el-el't:(. h~" . ImmokaJee High; Hospilality & Human Services Communications Fine & Performing Arts \. ~ Naples High: .. Architecture & Engineering Design i . Areas of Concentration '~ SChool- To-Career Activities Survey 5 Career Shadowing Tech Prep Student Internships - Teacher Externships Millennium Schools j. Middle School Technology Career Mentoring " CTE Curriculum Program Funding NO. JUN 1 2 2001 Textbook Adoption Articulation Agreement:s ~ In-service & Professional Development Collier County Character Education Traits Fairness Honesty Kindness Perseverance Respect Responsibilily Self-discipline VOCATIONAL/ADULT ED. TEL:813-436-6414 Ma~ 22'01 10:21 No.OOl P.02 ~nc&'. .t Scbo..' .0/., OFFICE OF CAREE R & TECHMCAL EDUCA 110N 1! ii' J i 3702 Estey Avenue F .. :.,:0. ,.~'l,:-I a N.p.... fIortd. 34104 I "\;~' .::..,' ~ (941) 430.1100 .xL _6 Q .,w...~ tC> (941)43O-$t15FAX ~ ClllliIr Ca8~ October 24, 2000 Mrs. Sue Filson. Administrative Assistant Board of County Commissioners 3301 Tamiami Trial East Naples. Florida 34112 Dear Mrs. Filson, I am interested in being considered for one of the vacancies that will be occurring on the Educational Facilities Authority. My background has been in both public and private education, and I am presently a manager of Career and Technical Education programs for the District School Board of Collier County. My work requires knowledge of local priva1e and public colleges. I am working with some of these on articulation agreements for various high school programs. Enclosed is an abbreviated resume, if you would prefer a more extensive one I can send that as well. If you need further information, please call me. Thank you for your consideration Sincerely, K~dtr<- Kenneth Lloyd A~ITEM NO. F JUN f 2 2001 P&.- ~ COLLIER COUNTY CHARACTER EDUCA TION TRAITS FftImeu Hottuty K1ndtHtu ~wentnce Respeet Re.ponslb/JIty Sttlf.DI.cJpllne TltE cou_ COUNTV I'UelIC SCHOOl SYSl'BoIIIS Nt EQlMLACCESS I EQlW. OPPOlIIlyNOv IN$TITUTlOH ~o~ EDUCATION AHO CMPL.O'I'MI'NT (i) -- - . . VOCATIONAL/ADULT ED. August, 2000 to Present July, 1998 to June, 2000 July, 1895 to June, 1998 JUly, 1987 to June,11H1S June, 1984 to Jun., 1987 June, 1983 to June, 1984 August, 1872 to June, 1983 19n to 1978 1970 to 1972 TEL:813-436-6414 May 22'01 10:22 No.OOl P.03 Kenneth M. Uoyd 5408 Freeport Lane Naples, Florida 34119 (941) 594-3885 (H) (941) 430-6900 (W) Objective: To become a member of an educational system that will utilize my experience in administration, supervision and teaching in order to make a contribution to the instructional growth of its students. Professional Experience District Sdlool Board of Co".... County Naples, Florida Manager - Overseeing all Career and Technical Education programs. Community School of Naples Naples, Florida Head of Upper School ~ Supervised the operation of a college preparatory school. Trinity Preparatory School Winter PBrlc, Florida Principal - Supervised the operation of a college preparatory school. Brookstone School Columbus. Georgia Principal - Supervised the operation of a college preparatory school. Berkeley PrepilraIory School Tampa. Florida Computer Coord in.tor - Desi~ned. coordinated and implemented computer usage. Henry 8. Plilnt High Sd100l Tampa, Florida Computer Coordlnatorrreacher - Implemented computer usage into day and night school curriculums, 8S wen as conducted training Workshops. . Tampa Bay VocatlonallTec:hnlcal High School Tampa, Florida TNcherfCoach - Developed and taught courses in computers and mathematics, and coached a variety of sports. Also served on county bid committeeS. Education University of Tamp. Tampa, Florida Masters Oegre. ~ Educational Administration and Supervision University of South Florida Tampa, Florida Bachelor of Arts Degr.. - Mathematics Education AGEND~ ITEM NO. p- . JUN 1 2 2001 Pg. J . .VDCATIDNAL/ADUL T ED. 1883 to 1985 1182 to Prftent 1988 to Present TEL:8l3-436-64l4 May 22'01 10:22 No.OOl P.04 Additional Occupations University of South Flor1d8 . Florida Center for Instructional Computing Tampa, Florida Lectu...... Presented seminars on computer usage end mathematics. Instructor - Taught continuing ecIucation courses Tampa Educational Center Tampa, Florida Currleulum Developer - Designed computer curriculums for ages 5 through adult. Volunteer Work Tampa, Florida Police Athletic League - Established youth wrestling program. Spec:lal Olympic. - Organized wheelchair races. CoJumbus, Georgia Cancer Society - Assisted in the presentation of auction and charity ball. Columbus Symphony - Anisted in auctions and fund raisers. Orfando, Florida United Cerebral Palsy. Coordinated youth fund raiser. Naples, Florida Sugden Theatre. Build sets. Von Leiber; Art Guild - Established member database, Teenage Drug and Alcohol Task Force - Participated in action planning Organizations Phi Delta Kappa Columbus. Georgia President..1ttct Kiwanis Club Columbus, Georgia Vic. Presldentl Board of Dlreetors member Association of Supervlalon Curriculum Development National Council of T..ch.... of Mathematics National Association of Secondary School Prtnclpals References Furnished upon request A~ ITEM NO. ;: JUN 1 2 2001 Pi- '8 John J. ApeUi i. Praident and Chief Executive Officer and a member of tbe Board of Directol'3 ofInteJJiNet. Inc., a Iocaf electronics controls company. . Mr. Apc11i Carmerly served as the President and Chief Executive Officer of Lely Development Corporation and ita IUb.idiarie.. He was aIao the President of LeJy Realty, Inc. He bad overall reaponsibiJity for the company'. land holdinp in the United States. Prior to joiDinS Lely. he wu Vice President of Power Corporation, aaother maJor land developer in tho Naples, Florida m:a.. For four (4) years. Mr. ApelIi wu also President of Power R.ealty, responaibJe for marketinl the above mentioned propertiel. ~ President of Lely Development Corporation and President of Lely llealty, Inc., Mr. ApcUi oversaw the d.cveIopmem 0{ Lely Resort Community which otreB three (3) outltaDding soW courses, The Clusica by Gary Player, The PJamiDao by Robert Trent Jones. Sr., _ the future Mustang Golf Club by Lee TnrviDO. At the entrance to Lely Resort i. a new N.ple.l1andmark _ the Lely Freedom Horses. ne IIIOIIU~ wu completed under the dinction of Mr. Apelli .wi is c:cnaidered to be the most outItaftding entraDce to any comnnmity in South Florida. In addition to Lely Resort. Mr. Apelli OYa1aW the completioD of LeIy Barefoot Beach. the development of Woodbridp Creek in Temple, Tc:xu u we!] u overseeing the operation of the Lety Ranch ill Prwaidia, Tau. Previoua to joining Powa' Corpontiaa. Mr. Ape1li wu Vice Praident of SunbreUa1lea1ty _ a major home builder iD the NapIellMarco area tbr the put 25 Y.... ... lIIII'1ier, was a panDa' and general manapr of Coat Concrete CorponDm, . manufacturer and supplier of CODctete. conc.retll block &ad rooltile. Mr. ApelJi holds a B-=helon Doaree ftom Mc:Muter University at Hamilton, Ontario, (""-ad.. ia macried with two dQJdnn and has raided ill Naples 1br appro~m~y 2S yeaq. ~~~~M JUN 1 2 2001 Pg. 1 -- JOHN .I. AGNELU BOAIUJ MDOIU: ColDer County Industrtat ~."t Autnortty lm.maUonal College - Chairman. Bon of TtuIIC... Naptes ,..rtute of Mount Ida Calfege - 808nt 01 Govemors Village Bane of Naples Youth Haven PAST I!IOARD MEMBER.: SancFfortda Collier County Educallan Foundation EcorIornfc Devtlfopmem Councl at Coller County ....nt Union Bank of Plorkfa Junior Achlevwnent ~IY Bo81d FELLOW: Napees InatIute of Mount Ida CoIIeg. . __ER: Naples Am .Board of ~ Napfea Chamber of Commerce ........nr. Club at. Pet.,.., C8tl1oUc CIIun:h IlUItTHER: 1 a93 recIpIwIt crUte Paul Hanta Fdaw award flam tile Rotaty Faunddon 01 RCItINy ,ntemation.. In Febnwy 1983, IlWMSed 1IIe YLfCA PfoMer PrMmfnent A.-d by th. Call.. County YMCA - CIHt hJgMst honor ~ _ the YMCA. Chalmw1 01 the VUCA', annual func:trW8er golftaum8lll8nts. Foundrng member of the Cotler County I!dUCllUon Foundadan'l Qclfden ApPa awaR! for autstandlng teachaal. Deeply commI:ted to education, as evidenced b1 Edteon CommlJnly eoueg.', Naptea campus at LeIy RMort. AcdYe P8ftIcIpIInt In tuncnIsera for vwtous IOCIII c:tuuttBIa ~. COMMUNITY SERVICE: _ AdWIar: PIIIt President: 8clCo.l8t,,1 ~ for M. J. Volpe far County ~ Lety Golf ~ P.OA Avalon SdIoaI- P-..tt Ac:dan Group e_ ~ MIddle Schoof - P8l"ent ActIon Gmup LeIy HIgh 8ClftoOf - Pantnt ActIon Q.raup NapIa CatHIon AGEND~ITEM NO. ':l F JUN 1 2 2001 PI- /D JOHN J. AGNELLI 373 SA. Y MEADOWS DRIVJ: NA.PLI:S, llLORIDA 34113 PERSONAL Bom: Education: Toronto, Ontario CANADA December 27, 1940 Bachelor of Arts McMaster University - Hamilton. Ontario CANADA Area of Study: Engtish, French, Psychology Saver.. Tedv1fCIII and SaI.. Courses; Portl8nd Cement Aaaociation - SJccId., m.no;. PAM1"f,y Wife: Children: Diane M. ApeUi Teacher at Moorinp Presbyterian Da.y School LeeAM Apelli Borton D... twu\Ith Collep Bolten CoUeae - Law School Member of tile M.,"~IwRtta Bar Auociatioa Paul A8nelli BoRDn Col. lobuon & Wales Culinary lDatitute ~~M_ JUN 1 2 200t I pa. 1/ I t;'J/;.y Ross P. Obley Penout A.B- Bil1bpIace MaaW Childree B~ Mi&ary .,2& i - G'Cl ~I 69 years ~ Cora. 41 y8In, 1lea1 &.e ~ Co.IIie:r Cocmty ~B' FOUllltttioa.; OtfH-w: COImly ~ Ex.c.atiw c-,....J '"i PeIlcm Bay )..f....dpaI Setv.. Taxiq t1IdE Jtoa, k.- North Florid. Bat Tl1Ul 0:Ifce:r (Tde\J._.) JIIdac..ow. ad opcnces art ~I ~ (T~'IRe) CUftfs -&l~"acr ofTDo Coiapllll)' (Co~ ado) 802 St.~ CGalt · N.... F.bdda 34101 Haw ~ JD. NIp_.... -.1918 _ EJDdda IiD.co 1974 ~ US eo.. Guam- ~ WIl' Eaadoll l~l1LS.IRdv....;.tP~r~ ~~ 1951 NBA A~ ~t W...J. Itoa. D.C. 19lO~r~ Caarsa. ~..v~ traMaity C~~-.fcy .A.cdYttIeI N~~~P6M Daya....v. Put 'Pn~ aacl DiIerict Govcmor'. Jt.epwIJJlllb!Iti.".e . . AmadcIa Seaiors Golf A~... Px-otidct .. . San,..,......~,.... ~(J980.l996) IutemldioaaJ Scicms ~ GoIt~ ~ l:_~ ~ c...m. Put a..:.-oYIlIIIlDd. ~ lDcJI'-au~...~.~ ~Dd)r~. Nap. Ala (;h___ofO~l. !......~ Put Pn~;!... ~....- 114~:i' "'~"" t'4 r It- -- ..... O\...-.-tty B-.... eu... ... Tmae ;NapICI C-dyHallptal Put ~ .FlDdda Bar Grieva.ce C4lJM~ Past lay ~ comer CoaId).aazca. eo. &-dun;.;.. & ~ (A'Jal..4t~ PIle a.MaD~ FGl'IIID CIIab - SemI ot~".~ ~.... .--...~ 199G ..R..cdnd B"'~. o...I&~ . 1987-1995 .-~ n...~,... C~ oleo.. c~. .PJi1....~ 1"5-1m JL P. ~~ JtqJ.t.....d S<<" .lrL......" l~a.tiYC 1951-1914 W~"WIe ~ ~..... * Nap.... Ptorida. ProIict.nt ofCO-.-."f..~ ~ !'61i II,.. fa Co'" a.d Lee C...... (P6-. Bay. NIca T -"" o.t.Way) AGEND~fTEM NO. p JUN t 2 200t Pi. /J-- Coral sFaaas.1'Iaddo. ~ af~ .io.l-,,~ _ -.ry . ~ -~ 8f:uy.JUlO.f-c.. -pre=. stales. . ~~ ~-t4hre"''''--to~.....~-.e__~ ~ Helped ~I.~ 20 PWa -~" atw~.~VM ales. )(mt-.--t lad n,.'Ut~~_ aaoc:i.ted with ocam ~-.;.;. aa4.sldphoucf ~&l)' 14M..... . . . ., . , . . . .~ " ~~YJJM JUN 1 2 200f pt. /3 S~NT BV: OONALO_A PICKWORTH PA; 941 598 11 61 ; MAV-31-01 8:35PMj PAGE 2/2 DONALD A. PIC: IlWORTH, P.A. .\T'rO.WEY AT LA"" SUITIi: eo" N-""OATE Tuwl!n ea;:;o NORTH TAIlIIAMI TRA.LL N.A.PLItS. Ft.owrDA :J410a (Mil 2C>3 - 8000 'A ~ (v-w) 3!ItJI- 1I~1 May 31, 2001 Sue Filson Administrative Al\l\istanl Board of County Commissioners Collier County Courthouse, Building"F" 3301 East Tamiami Trail Naples, FL 34112-4977 Rc: Appointmenls to Educational Facilities Authority (UEF A") Dear Sue: J.R. Humphrey has already provided you with a letter recommendlng the re-appointmcnl ofRo.s~ Obley and John AgneJ/i to the Industrial Development Authority. When the I:::FA was created it was ddermined that th~ same individuals should serve on both authorities because the EDC provides administrative SUPPO" to both authorities. there is a saving in admin costs, and EF A has very limited jurisdiction (it can only finance private, post-secondary filcilities), and therefore win not he used very much. For that reason. 1 recommend that Ross Obley lIud John Asnelli also be rc.uppointed to the E'F A as well as the IDA If you need further information, please give me a call. V/jIYYOUrs, Do~iCkworth Counsel AGENDA ITEM NO. -S/-r J' ~~J ~ 2 "''''''1 '-'- · "Vw Pi. /i filson s - From: /~nt: 0: subject: pochopin"p Friday, June 01,200110:37 AM filson_s RE: -----Original Message----- From: pochopinJl sent: Friday, June 01, 2001 10:25 AM To: filsoo_s SUbject: Sue, there will be training of the Canvassing Board members on June 19 at 9 am here in Elections. All members must attend as the Elections Attorney from Tallahassee will be here to inform everyone of the new laws I have left a message for Pam but do not know who will take her place in July. Please advise them they need to attend, Also the schedule for July will be July 5 at 9 am L & A test and meeting at 10 also July 10 at 10 am and 6:30 pm thanks Pat ~ AGENDA. ITEM NO. I;:;J.G JUN 1 2 2001 Pi. / o 1 ......~_. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE AN IMPACT FEE WAIVER PROGRAM FOR PRIVATE NOT FOR PROFIT AGENCIES THAT PROVIDE HEALTH AND SAFETY RELATED SERVICES OBJECTIVE: To provide a limited local government assistance to local private not for profit agencies that provide what could be considered as quasi- governmental health and safety related services. CONSIDERATIONS: During the recent consolidation and reVISIon to the County's impact fee ordinances, a waiver for local health care providers was eliminated. The exemption in old ordinances was limited only to certain impact fees. In addition the isolating of health care agencies for "exemptions" only provided no policy justification and required a payment from the County's ad valorem tax supported funds. It was clear from the discussions regarding the removal of the exemption however that the Board was interested in developing some type of justifiable policy and program that could look at waivers for certain not for profit agency impact fee. In 1994 an Attorney General's opinion was provided indicating that the interest .____ earned from impact fees collected could be used to offset those impact fees that might be due from an affordable housing project, as long as the funds continued to be used for the purpose for which they were collected. The County Attorney's Office has since opined that this same use of funds could be extended to local not for profit agencies should the Board wish to develop a policy that would provide for such a waiver program. To put such a policy in place would require an amendment to the consolidated impact fee ordinance, the development of a standardized agreement between the County and agencies that might receive the waiver, and a resolution outlining the program. Should the Board wish to pursue such a policy it would be recommended that the program be limited to those private not for profit 501-C-3 agencies that provide health and safety related services that could be considered as quasi- governmental (ref: FI. S1. Chp1. 125 County responsibilities regarding: health, safety and welfare). Further, as with any budgeted program, it is also recommended that the program be budgeted and have an annual expense ceiling like any other budgeted county program. It is unknown at this point what the total demand might be and because demand will fluctuate based on the number of capital projects being constructed by those agencies that would meet the established and limited criteria. It is recommended that $100,000 be set aside as part of the County's FY02 r-. budget for such a program, should such be adopted. It is further recommended NO~ JUN j ~ 2001 Pg, \ = that any unspent funds from the $100,000 annual allotment in a given year shall not roll forward and be available in the subsequent fiscal year. The agreement is recommended to provide a mechanism for paying the impact fees back to the County should those agencies, which during some established period following the granting of the fee waiver, (e.g. 5 years) go out of business, or sell their buildings to another agency or concern that does not meet the established criteria for providing health &lor public safety related services. It must also be recognized that there are impact fees assessed by the School Board and by independent fire districts. As interest earnings on impact fees are restricted to the use for which the initial impact fee was collected, there is no ability to pay these impact fees imposed by these outside agencies. FISCAL IMPACT: The annual cost of the program as proposed would be $100,000. Funding for the program would come from the interest earned on the eight different impact fee funds that are currently managed by the County. ~ GROWTH MANAGEMENT IMPACT: The funds provided for this program will reduce the amount of funds that will be available to construct the various capital facilities for which the impact fees are collected on a dollar for dollar basis. However last year's interest earnings from all impact fee funds was roughly $5,000,000 and the actual impact of this program across all of the different capital funds would not be significant. It must be kept in mind however that the any potential growth of this program must be weighed against the impact of the reduced funds available to build needed capital infrastructure. RECOMMENDATION: That the Board of County Commissioners consider the proposed impact fee waiver program for private not for profit agencies and direct staff to prepare the necessary resolutions, ordinance amendments and draft funding agreements for final review and approval. Prepared bY~~' '~ "Thomas W. Olliff 0 nty Manager ,"-" AGEND~"EM NO,-ft;t-'f-- JIlt.l ~. "~i". Ul'i I L. 'v...t Pg. & 1 - EXECUTIVE SUMMARY REQUEST BY OCEAN BOULEVARD PARTNERSHIP (GRANADA SHOPPES PUD) TO DELAY CONSTRUCTION OF EAST/WEST CONNECTOR THRU GRANADA SHOPPES PUD UNTIL COMPLETION OF US41 HIGHWAY IMPROVEMENTS AND PROPOSED INTERSECTION OF EAST/WEST CONNECTOR WITH US41. OBJECTIVE: To have the Board of County Commissioners render a decision to allow Ocean Boulevard Partnership to postpone the construction of an east/west connector road between Goodlette Frank Road and US41 as it traverses the Granada Shoppes PUD until such time as the US41 FDOT work is completed. CONSIDERATIONS: ,,-- The Granada Shoppes PUD was approved with a development commitment that a connector road be constructed through the Granada Shoppes PUD which would have the effect of extending a road now under construction through the Creekside Commerce Park thereby establishing a road from Goodlette Frank Road to US41. This road was to be completed within 60 days of the issuance of the first Certificate of Occupancy which was issued on 4/20/01. Representatives of the company have indicated a number of factors which support the delay. They argue that the road will not become fully functional until US41 improvements are completed including most importantly the proposed intersection improvements with said east/west connector. Apparently the original US41 improvement plans did not account for this intersection and consequently amendments were necessary to highway contract documents. The contractor for US41 work will not commit to any completion date insofar as the proposed intersection is concerned. A copy of a communication further explaining the reasons for the delay is included with the executive summary. The Transportation Planning Department has reviewed the request for postponement regarding the completion of the east/west road within 60 days of the first Certificate of Occupancy. Although for traffic circulation it is imperative that the US41 access be completed, it would be unreasonable to penalize the applicant for construction delays completely beyond their control. The Transportation department does not object to a reasonable extension of the condition. However, discussion of a total delay of seven additional months is not within the limits discussed with the applicant. ~. AGENO,A ~ No. 10 0 jU~1 1 2 2001 pt. / - A more reasonable extension due to the pending opening of the home Depot Expo would be an additional sixty to ninety days (two to three months) maximum. The Transporatation department will support a modification which will change the sixty day requirement to a maximum of one hundred and fifty (150) days but no longer. Staff suggested that the applicant make sure that sufficient time be requested so as not to create an additional amendment but the duration of270 days was not discussed. With considerable traffic circulation problems with only one of the major stores open, adding additional traffic without addressing the access and circulation issues within a timely manner is not acceptable. The Transportation Planning Department does not recommend approval of the applicant's request unless the duration is reduced. FISCAL IMPACT: Postponement of the construction of a road through the Granada Shoppes PUD to interconnect with an east/west connector intended to provide a public street between Goodlette Frank Road and US 41 will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: - Approval of this request in whatever form and condition will have no impact on the Collier County Growth Management Plan. PLANNING SERVICES STAFF RECOMMENDATION Staff recommends that the applicants request be modified and an approval action be limited to a postponement of the requirement to construct an east/west road through the Granada Shoppes PUD to interconnect with the east/west road now under construction in the Creekside Commerce Park PUD to 150 days following the issuance of the first Certificate of Occupancy issued on 4120/01 which is commensurate with the date of July 29th, 2001. AGEN)A IT'EM No. ...l..Q.f;L. JUN 1 2 2001 pt. ,2 ~ PREPARED BY: SUS MURRAY, AICP. INTERIM CURRENT PLANNING 5/1'1/0/ , DATE ' REVIEWED BY: AGER ~01U THOMAS E. KUCK, PE. INTERIM PLANNING SERVICES DIRECTOR J.:J#- .sl/'/~I ATE ~!f/o/ DX E / TRANSPORTATION ADMINISTRATOR , i / i ! RO~ JO N M. DUNNUCK, III, INTERIM ADMIN. CO . DEV. & ENV. SVCS. DIV. g/Ex SumrnarieslCurrentlSM/m s IzYh I DATE AGEIt>A ITEM No. I 0 f-J JUN 1 2 2001 pt. .....1 .- ~.~ ~1"'o; .~-:;' OCEA1\ BOULEVARD PARTNERSHIP Phone 941 -403-6700 Fax, 941-262-8017 May 9, 2001 2600 Golden Gate Parkway Naples, FL 34105 Ron Nino Collier County Community Development and Environmenal Services Division 2800 North Horseshoe Drive Naples, FL 34105 Re: Granada PUD #98-14 Amendment Request Dear Ron: - The Granada PUD condition 2.15 F requires the completion of construction of the connecting road, Creekside Blvd., within 60 days of when the first Certificate of Occupancy is issued. The connecting road project has experienced delays in construction completion from two sources outside the developer's control. 1. Collier County contracted for the installation of a 30" force main in a portion of Creekside Blvd. The County's contractor began work during the developer's construction necessitating temporary cessation of the developer's work. The County's contractor only recently completed the force main work and allowed the work on Creekside Blvd. to continue, The Creekside PUD has already been amended to accommodate the delay to the required completion date, and the work on the road is continuing. 2. FDOT originally contracted for the widening of US41 without including the connection to Creekside Blvd. The connection work is now in the state contract, but the contractor is not willing to commit to a schedule completing the work for the connection. This letter requests approval of a modification to PUD condition 2.15 F allowing for the construction of the south road to be completed 270 days after the first Granada Shoppes Certificate of Occupancy. This coincides with the projected completion of the US41 FDOT work and is the earliest date to which we can commit without the FDOT contractor's cooperation. The roadwork on Creekside Blvd. will be completed east of this connection sooner and is proposed to be opened in segments with County staff approval. Sincerely, OCEAN BOULEVARD PARTNERSHIP Q;fd David K. Borden DKB/db AGEN)A ~ No. lOh JUN 1 2 2001 Pa. 1/ /..-., CC: Dawn Wolfe Larry Keesey Claude Gittinger Brad Boaz -- EXECUTIVE SUMMARY AUTHORIZE CHAIRMAN TO SIGN NEGOTIATED AGREEMENTS WITH WMI AND IDC PURSUANT TO THE BOARD'S DIRECTION ON MARCH 27TH, 2001 OBJECTIVE: To create an expanded recycling program, and undertake additional odor control measures at the Naples Landfill, and obtain lined landfill disposal capacity at the Okeechobee Landfill, and implement other solid waste management initiatives, as directed by the Board of County Commissioners (Board) on March 27th, 2001. These actions will be accomplished by authorizing the Chairman to execute amendments to the County's existing contracts with Waste Management Inc. (WMI) and Immokalee Disposal Company (IDC). CONSIDERATIONS: On December 20, 2000, the Board held a solid waste workshop. On January 9,2001, the Board authorized Staff to negotiate with WMI and IDC regarding various solid waste management issues. On March 27th, 2001, the Staff provided the Board with a progress report concerning the WMI and IDC negotiations, and Staff received the Board's authorization to prepare final agreements for the Board's review and approval. Accordingly, the Staff has ~ negotiated the terms of the following documents: (a) a Contingency "Disposal Capacity Agreement", which guarantees capacity in WMI's Okeechobee Landfill for Collier County's solid waste; (b) a "Second Amendment to Landfill Operation Agreement" with WMI, which addresses various odor control issues and other matters affecting the operation of the Naples Landfill ("Landfill"); (c) a "Third Amendment to Solid Waste Collection Service Agreement" with WMI, which provides for an expanded recycling program; and (d) a "Third Amendment to Solid Waste Collection Service Agreement" with IDC, which provides for an expanded recycling program in IDC's service area. The following issues have been the subject of the parties' negotiations, as reflected in the attached agreements: 1. Prudent Odor Control Redundancies. ~ The County's consultant, Molcolm Pirnie Inc. (MPI), has recommended additional odor control measures for the Naples Landfill, even though these measures are NO. "GEHir}Tf!--- JUN 1 2 2001 PG. J not mandated by the Florida Department of Environmental Protection. The Staff agrees these proposed odor control measures are prudent, and will provide redundancies in the Landfill's odor control system, and thus will provide greater assurance that odor control problems will not be encountered in the future. In response to these recommendations, WMI has agreed to take the following steps to better control odors at the Landfill: a. Discontinue the practice of stripping initial (daily) cover each morning. b. Add 3-phase power to improve the reliability of the odor control system. c. Add backup generators to provide redundancy for the odor control system. d. Make other improvements to the Landfill's electrical system to improve reliability and redundancy. e. Construct horizontal gas collection pipes/trenches at the Landfill's working face. f. Conduct engineering studies and make additional improvements, if necessary . WMI initially asked the County to pay a surcharge of $5.14 per ton for odor control measures. This surcharge would be in addition to the tipping fee, which currently is $17.12 per ton. WMI subsequently agreed that the surcharge will not exceed $3.86 per ton. The Staff has investigated several methods of reducing the cost of the odor control measures, thus reducing the amount paid to WMI. To the extent feasible, Staff wants to ensure that the County's payments will be based on the actual costs incurred by WMI. Consistent with the Staff's recommendation on March 27th, 200 1 , the Staff recommends that the Board: (a) increase the tipping fee at the Naples Landfill by $4.00 per ton, which will generate additional revenues to pay for the new odor control measures; and (b) authorize the payments to WMI for odor control measures, as described in the Second Amendment to the Landfill Operations Agreement. 2. Continoency Contract for Out-of-County Disposal. The County's Comprehensive Plan requires the County to have two years of lined landfill capacity available to meet the County's needs. To satisfy this requirement in the Comprehensive Plan, the County previously concluded that it may need to haul some of the County's solid waste to an out-of-county landfill. Hauling waste out-of-county would maximize the remaining useful life of Cell 6 in the Naples Landfill. NO. IlGENOA/O" 2 JUN 1 2 2001 PG. ~ - If it is necessary, WMI has agreed to haul and dispose of 900 tons per day (tpd) of the County's solid waste to the WMllandfill in Okeechobee County. WMI would charge $54.00 per ton for this service. The fee would be reduced 2 percent if the County pays WMI within 20 days. At these rates, the County would pay approximately $14 million each year to haul 900 tpd to Okeechobee, plus the County would pay the cost of disposing of the remainder of the County's waste (approximately 300 tpd) in the Naples Landfill. To avoid these expenses at the Okeechobee Landfill, the County asked WMI to guarantee in a contingency contract that WMI will provide at least two years of capacity at WMI's Okeechobee landfill for Collier County, if needed. WMI has agreed to do so. WMI also agreed to guarantee capacity in its Okeechobee Landfill for debris resulting from a hurricane or other natural disaster in Collier County. These contractual guarantees of capacity (air space) in a lined landfill will be provided by WMI at no cost to the County. The Staff believes these guarantees from WMI will satisfy the requirement in the Comprehensive Plan for two years of lined landfill capacity. If new capacity is developed at the Naples Landfill before Cell 6 is filled, the County will not need to haul any solid waste to the Okeechobee landfill, because the County can rely on its contingency agreement with WMI to satisfy the Comprehensive Plan .- requirement. WMI's guarantees should enable the County to postpone and perhaps eliminate the cost of transporting and disposing of the County's solid waste at an out-of-county site, thus saving approximately $15 million per year for the County. WMI also has agreed that, if necessary, the Okeechobee Landfill may be used for the disposal of the sludge produced by the County's wastewater treatment plants, and any gypsum wallboard delivered to the Naples Landfill. Removing sludge and wallboard from the Naples Landfill will help minimize the potential for odor problems. The Staff recommends that the Board: (a) approve the Disposal Capacity Agreement, which provides the County with guaranteed disposal capacity in the Okeechobee Landfill, at no cost, if such capacity is needed; and (b) approve the provisions in the Second Amendment to the Landfill Operations Agreement, which also provide for WMI's solid waste transport and disposal services at the Okeechobee Landfill, if needed. 3. Expansion of Recvclinq Program. .,-. WMI has agreed to collect mixed fiber materials (junk mail; catalogues), plastics (#1 through #7), cardboard, and corrugated cardboard from residential customers, at no additional cost, and has agreed to reduce the cost of the NO. AGEH?(jTEft _ 3 JUN t 2 2001 PG. ...3 proposed odor control measures at the Naples Landfill and provided County with Contingency "Disposal Capacity Agreement" in WMl's Okeechobee Landfill as indicated above, if the County will extend WMI's solid waste collection contract until 2006. In addition, in exchange for a contract extension, WMI will assume responsibility for the management, purchasing and distribution of recycling bins to residential customers. WMI will provide an average of 5,000 bins per year; the County will reimburse WMI at its purchase cost if WMI distributes more than 5,000 bins per year. All of the responsibilities and associated costs for recycling bins currently are borne by the County. WMI will collect glass and bottles from commercial businesses at a cost of $5.00 per pick-up, if the County will make glass recycling mandatory for those businesses that generate significant quantities of glass (e.g., restaurants, bars). WMI's has agreed to establish a recycling program for electronic scrap (e.g., computers, televisions), which will include the following components: (a) WMI will hold two events each year at a mutually designated time and place. WMI will be responsible for providing a container, site management, and the cost of transporting the electronic scrap materials to a processing facility. The County will be responsible for paying the cost of processing the waste materials. (b) WMI will place a dumpster at each one of the County's transfer stations for the collection of electronic scrap materials. WMI will be responsible for the cost of transporting the waste materials.WMI also will be responsible for training the appropriate County Staff members concerning the proper management of these materials. The County will pay the cost of processing the waste materials. (c) The County will be billed on a monthly basis for the cost of processing electronic materials. The County will pay WMl's actual cost, without markups or additional fees. The complete scope of WMI's recycling services and schedule for electronic scrap, and the cost of processing the electronic scrap, will be determined in the future. WMI also has agreed to expand the hours of operation of the Household Hazardous Waste Center at the Naples Landfill, at no cost to the County. The Center currently is open only on Saturday, from 8:00 AM until 12:00 Noon. In the future, the Center's operating hours also will include Tuesday through Friday, from 12:00 Noon until 1 :00 PM, except holidays. AGENDA IT~ NO. 10 ~ JUN 1 2 200'1 pc;. __ 't ~."__ -,-~~ iW Wl"l_lf_lf!l'Ql'l'/l!~i''''''''''- 4 -- IDC (Immokalee Disposal Company) has agreed to expand its recycling activities, at no additional charge to the County, if IDC is given an extension of its contract until 2006. Specifically, IDC has offered the following services: ,..- a. Extended Customized service for customers who need help, whether due to age, health or other limitations, at no additional cost to the County. b. IDC will purchase a new truck with more compartments so that IDC can add magazines and catalogues to their residential/commercial curbside pick-up recycling program. c. IDC will place sectioned containers at all public schools for computer paper, newspaper, and magazine/catalog recycling. d. IDC will provide at least two collection days per week for commercial recycling. e. IDC will increase its residential recycling collection service from once per week to twice per week, provided the County implements a public relations program and then determines that the increased rate of recycling warrants twice weekly collections for recyclables. f. IDC will introduce electronic scrap (computers, televisions, etc.) recycling as follows: 1) IDC will provide curbside pick-up service for residential and commercial customers. The County will be responsible for the cost of processing the scrap material. 2) IDC will provide a collection center for electronic scrap at IDC's facility. The County will be responsible for the cost of processing. 3) The processing costs and the scope of service for electronic scrap recycling will be determined in future negotiations with the County and the IDC. IDC also agreed to enhance its solid waste collection system by using standard carts in the Immokalee Service Area, if the County approves a rate increase of 1.5% (IDC estimates its actual costs will increase 2.5%). On March 27, 2001, the Board approved the 1.5% rate increase so that IDC could implement a cart program in the Immokalee service area. ,. ."-'" FISCAL IMPACT: The proposed odor control measures will increase the County's costs at the Naples Landfill, but these costs will be recouped by raising the Landfill's tipping fee by $4.00 per ton, as approved by the Board on March 27th, 2001. The Landfill's tipping fee will be increased after the Board signs the Second Amendment to the Landfill Operating Agreement with WMI. The County will incur no cost for the guaranteed disposal capacity in the Okeechobee Landfill. The County also will incur no cost for WMI's commitment to haul and dispose of the County's waste in the Okeechobee landfill, if necessary. However, if the County AGENDA IT" NO. to _ -'- JUN 1 2 20U; PG. 5' 5 subsequently decides to send 900 tpd to WMI's Okeechobee landfill, the County will pay $54 per ton or approximately $14 million per year for these services, subject to escalation for inflation and other factors. The County's recycling program will be expanded, but there will not be any new, direct costs for the County, except for the cost of processing electronic scrap. The cost of processing electronic scrap will be presented to the Board for its approval after the County and WMI have agreed upon the scope of WMI's services and appropriate pricing. GROWTH MANAGEMENT: It is anticipated that the Disposal Capacity Agreement with WMI will ensure the County's compliance with the Solid Waste Sub-Element of the County's Comprehensive Plan because the contract will provide at least two years of lined landfill capacity for the County in WMl's Okeechobee Landfill. RECOMMENDATIONS: 1) That the Board of County Commissioners authorize the Chairman to sign the three contracts with WMI, and the one contract with IDC, that are attached hereto. 2) That the Board authorize Staff to raise the tipping fees by $4.00 per ton, as approved on March 27th, 2001, on or after August 1, 2001 for non-residential waste stream and on or after October 1,2001 for residential waste stream. 3) That the Board authorize Staff to implement the odor control measures recommended by MPI and Staff, and begin paying WMI for those odor control measures, promptly after the attached agreements are signed by the Chairman. 4) That the Board reconfirm their March 27th, 2001 approval of the 1.5% rate increase so that IDC can implement the cart program effective October 1,2001. SUBMITTED BY: ~ - - -- -.-:? \.~ ~ Date: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department 6h (01 , r I APPROVEDBY:~ - ~~ J mes V. Mudd, P.E., Administrator, Public Utilities Division Date: f~~1 AGEij IT?b NO. f) , 6 JUN 1 2 2001 PG. 4, = THIRD AMENDMENT TO SOLID WASTE COLLECTION SERVICE AGREEMENT This is the ~Third Amendment to Collier County's Solid Waste Collection Service Agreement with Immokalee Disposal Company" (~Third Amendment") and is made and entered into in duplicate as of this day of , 2001, by and between Collier County (the ~County"), a political subdivision of the State of Florida, and Immokalee Disposal Company (the ~Contractor"). WIT N E SSE T H: WHEREAS, the County and the Contractor entered into a ~Solid Waste Collection Service Agreement" (the ~Agreement") dated September 11, 1990; and WHEREAS, the Agreement was amended July 23, 1996, by an ~Amendment Agreement Modifying Solid Waste Collection Service Agreement With Immokalee Disposal Company"; and WHEREAS, the Agreement was amended again on August 26, 1997, by the ~Second Amendment Agreement Modifying Solid Waste Collection Service Agreement With Immokalee Disposal Company"; and WHEREAS, the parties now wish to extend the term of the .- Agreement and modify certain provisions of the Agreement, as NO. AG(7(/IT~ 1 JUN 1 2 2001 PG. 7 described herein. NOW, THEREFORE, in consideration of the promises and covenants contained in this Third Amendment, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County ~nd the Contractor agree to the following modifications to the Agreement. 1. Section 3 (~TERM") of this Agreement is amended as follows: The term of this Agreement shall be for a period of time beginning on the first day of the month following execution of this Agreement, and terminating on September 30, ~ 2006, . . . 2. Section 2 (~SERVICE PROVIDED BY CONTRACTOR") is amended by the addition of new Subsections H, I, and J, as follows: H. The Contractor shall expand its recycling services in the following manner: (1) Contractor shall collect mixed fiber materials (e.g., magazines, junk mail, catalogs, phone books, etc.), cardboard, corrugated cardboard, and plastics (#1 through #7) from its residential and commercial customers in the Service Area. (2) Contractor shall place sectioned or compartmentalized containers at all public schools in the Service Area for the collection of computer paper, newspaper, and mixed fiber materials. (3) Contractor shall collect Recyclables from its commercial customers at least two days each week. AGE1rJ{f NO. __ 2 JUN 1 2 2001 PG. i - (4) Contractor shall increase its residential collection service for Recyclables from once per week to twice per week if the County implements a public education program to increase recycling rates and then reasonably determines that there is a sufficient demand to warrant the collection of residential Recyclables twice per week. (5) The Contractor shall provide customized service to all customers who need help, whether due to health, age or other limitations. At a minimum, this service shall include the collection of recyclable materials and solid waste at the customer's door, rather than at curbside. (6) The new services described in subsections 2.H(1) through (5), above, shall be provided by the Contractor at no additional cost to the County or its residents. .-- T. The Contractor shall collect and process electronic scrap (e.g., discarded computers, televisions, etc.) that is discarded in the Service Area. At a minimum, the Contractor shall provide the following services at no cost to the County: (1) Contractor shall provide curbside collection of the electronic scrap discarded by the Contractor's residential and commercial customers. Contractor shall transport the electronic scrap to an appropriate facility for processing. (2) Contractor shall provide a container at the Contractor's office for the collection of electronic scrap discarded in the Service Area. Contractor shall transport the electronic scrap to an appropriate facility for processing. ,,...--.. The County shall reimburse the Contractor for the cost of processing the electronic scrap collected in the Service Area. The County will be billed on a monthly basis for the scrap processing. The County shall only pay the Contractor's actual cost, as documented by invoices, without mark-ups or additional fees. The cost of processing the electronic scrap shall not include the cost of collecting, transporting or handling the electronic scrap. NO. AGENOA r" Q JUN 1 2 2001 PG. '1 3 The scope of Contractor's services for electronic scrap recycling and the associated costs, will be determined in future negotiations between the County and the Contractor. The electronic -scrap recycling program shall not commence until these negotiations are completed and the County Manager gives a written notice to proceed to the Contractor. J. The Contractor shall distribute solid waste carts to all of its residential customers by June 30, 2002. The carts shall be at least 96 gallons in size, with wheels, constructed of heavy duty materials, and suitable for the collection of solid waste. The County shall increase the payments to the Contractor for residential solid waste collection services by 1.5%, effective October 1, 2001. The cart shall be the property of the Contractor. The Contractor shall be responsible for the repair or replacement of any cart needing repair or replacement due to normal wear and tear, defects, or damage caused by Contractor or Contractor's equipment. Contractor's customer shall be responsible for the replacement of any cart that is lost or damaged due to negligence or abuse while in the customer's possession. The price of a replacement cart shall be the Contractor's actual cost at the time of replacement. 3. Section 9.A. ("QUALITY OF PERFORMANCE OF CONTRACTOR") is amended by the addition of the following new paragraph: If the Contract Administrator determines that the Contractor's activities in the Service Area caused litter, which was not corrected within six (6) hours after the Contract Administrator notified the Contractor, then the Contract Administrator may levy an administrative charge of $100 per day per incident. This provision applies to litter caused by the Contractor's collection activities at residential and commercial locations, as well as roadside litter caused when materials blowout of the Contractor's vehicles. The Contract Administrator also may levy an administrative charge of $100 per incident if the Contract Administrator determines that one of the Contractor's vehicles was not properly covered while AGENOf ~TE~ HO .---'-.ILL--- 4 JUN 1 2 2001 PG. }o - transporting solid waste or recovered materials within the Service Area. If the Contractor is assessed administrative charges pursuant to the provisions of this paragraph on more than 15 occasions in one month, the amount of the administrative charge shall be increased to $200 per day per incident until the Contractor completes a consecutive three month period with less than 15 administrative charges in each month. For the purposes of this paragraph only, litter shall mean three (3) or more pieces of paper, cardboard or solid waste. -,'-'" 4. Subsection 6.N. ("Title to Recyclables") shall,be amended by adding the following provisions: Notwithstanding any other provision in this Agreement, the County may require the Contractor to deliver the Recyclables collected by the Contractor in the Service Area to a materials recovery facility or recovered materials processing facility located in Collier County. The County shall give the Contractor at least one hundred eighty (180) days advance notice before requiring the Contractor to use a facility designated by the County. The Contractor shall not receive any additional fee from the County or its customers for taking Recyclables to the County's designated facility. 5. Exhibit 5, Section III ("ADJUSTMENTS TO RATES"), is amended by deleting the first two sentences in Subsection III.A.1 and replacing them with the following paragraph: The residential collection rate is specified in Exhibit 5, Section II, of this Agreement, and the rate may be revised from time-to-time in the manner described in this Agreement. However, notwithstanding any other provision of this Agreement, there shall not be any adjustments to the residential collection rate between the effective date of the Third Amendment and September 30, 2004, based on the Consumer Price Index. Beginning on October 1, 2004, and annually thereafter, the residential collection rate may be adjusted to reflect the changes in the Consumer Price Index that occurred during the preceding twelve months. NO. AGEHDA(t/'Yfl 5 JUN 1 2 2001 pea. II 6. Except as specifically amended by this Third Amendment, the Agreement, as amended, shall remain in full force and effect during the term of the Agreement, as extended. 7. This Third amendment will become effective when duly approved and signed by the Board of County Commissioners and shall be effective during the period that the Agreement is in effect. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to Collier County's Solid Waste Collection Service Agreement With Immokalee Disposal Company to be fully executed as of the date first written above. ATTEST: AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER Clerk COUNTY, FLORIDA WITNE7Jb~ ~~ ~;t.~y- o By: Chairman Approved as to form and ~>ienc~ .. /1 ----? AS TO CONTRACTOR: IMMOKALEE DISPOSAL COMPANY BY'+~& ~ NO. AGEHroTf~ JUN 1 2 2001 PG. };J. 6 ,...-. DISPOSAL CAPACITY AGREEMENT This Disposal Capacity Agreement ("Agreement") is made and entered into this day of , 2001, by and between Okeechobee Landfill, Inc., a Florida corporation ("Operator"), and Collier County, Florida ("County"). I Recitals WHEREAS, Okeechobee Landfill, Inc., owns a landfill ("the Facility") located at 10800 NE 129 Avenue, in Okeechobee County, Florida; and WHEREAS, the County's comprehensive plan requires the County to have at least two years of lined landfill disposal capacity available at all times for the disposal of the County's solid waste; and WHEREAS, for contingency planning purposes, the County wishes to obtain lined landfill disposal capacity in the Facility for the disposal of the County's solid waste; and WHEREAS, the Operator is willing to provide landfill capacity to the County, on an as-needed basis, subject to the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the mutual agreements and promises contained herein, the Operator and County agree as follows: II Agreement 1. Term. This Agreement shall be effective as of July 1, 2001. The County's right to deliver Solid Waste to the Facility pursuant to Subparagraph 7.a., below, shall continue in full force and effect until the earlier of: (1) the date when the County has new lined landfill capacity available for the County's use in Cells 1 and 2 of the Naples Landfill; or (ii) the date when the County has used its maximum tonnages available under all of the waste volume options set forth in Subparagraph 7.a., below. The County's right to deliver storm debris and special waste to the Facility pursuant to Subparagraphs 7.d. and e., below, shall continue in full force and effect until July 1, 2011. The term of this Agreement may be extended if there is capacity available in the Facility and the extension is mutually acceptable to the County and the Operator. 2. Definitions. .- a. "Acceptable Waste" means (i) non-hazardous Solid Waste and (ii) special wastes that are each disposed in the ordinary course by households and/or AGENDA ~E~ NO. r U J-::- JUN 1 2 l001 PG. /3 commercial establishments and authorized for disposal at the Facility, pursuant to any Applicable Law. Acceptable Waste shall not contain any regulated quantity of (i) infectious waste; (ii) Hazardous Waste; (iii) garbage, refuse, or rubbish which is required by governmental authority or by its general nature to be handled or disposed of other than in accordance with the Facility's normal operating procedures; or (iv) waste that does not strictly conform to the descriptions of waste materials that the Facility is authorized to accept under Applicable Law. Provided, however, that any waste addressed by the preceding subparagraph 2.a.(iii) may be delivered to and accepted by the Facility in accordance with its standard acceptance procedures for such waste to the extent allowed by Applicable Law. Operator, in its sole but reasonable discretion, shall have the right to reject any material it believes does not conform to the definition of Acceptable Waste set forth herein. b. "Applicable Law" means all local, state and federal laws, including but not limited to any permits, licenses, rules, regulations, policies, orders and similar authority, and any judicial or administrative interpretation of the same, that are in effect during the term of this Agreement, and apply or relate to the performance of the Operator or County under this Agreement. c. "Hazardous Waste" means waste listed, characterized, or designated as hazardous by the United States Environmental Protection Agency, pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq. as amended from time to time, and its implementing regulations, as well as by any analogous Florida statute. d. "Solid Waste" means discarded materials such as municipal solid waste, construction and demolition debris, and other non-hazardous materials to the extent that such materials are of the type and consistency that are lawfully accepted at the Facility under Applicable Law. e. "Collier County Waste" means Acceptable Waste delivered from Collier County, Florida. 3. Representations and Warranties. a. County represents that the Solid Waste to be delivered to the Facility from the County is Acceptable Waste. County's activities hereunder shall be in compliance with all Applicable Law relating to the collection and transportation of Solid Waste. b. Operator represents that the equipment and facilities provided by it for the management, processing and disposal of Collier County Waste are suitable to perform such services and that all personnel are trained in accordance with Applicable Law. Operator shall perform all services in full compliance with all Applicable Law relating to the collection, transportation and disposal of Solid Waste. Operator shall not divert any Collier County Waste to any other solid NO. AGENOrt7"L JUN 1 220m PG. /1 ".''''''''''''""<V'',.,,,,_ '""'''''''''~""-'''.'''''"~"'''''''"'''''''''''''''''''''''''"'''_'M''''''_';;'"'.'''''' ..- waste management facility or location unless the Operator receives the County's prior written consent. 4. Indemnity. a. Operator shall indemnify and hold harmless County and its affiliates, officers, directors and employees, from and against all liabilities, including without limitation STRICT LIABILITIES, expenses (including but not limited to reasonable attorneys' fees and expenses of investigation and litigation), claims, damages, fines and penalties which any person or entity may at any time suffer or sustain or become liable for by reason of the disposal of any Solid Waste accepted by Operator, including, without limitation, violations of any Applicable Law, contamination or impacts upon the environment that violate Applicable Law, or property damage, injuries resulting in death or injury to either persons or property, real or personal, or both, of County and its affiliates or the employees of any such party or to any other persons in any manner caused by or resulting from the negligent acts, omissions, or willful misconduct of Operator, any designee or any entity engaged by Operator, including Operator's contractors, or any employees or agents of such entities, or resulting from the breach of, misrepresentation in, untruth in, or known inaccuracy in any representation, warranty or covenant of Operator set forth in this Agreement. The indemnification obligation under this paragraph shall not be limited in any way as to the amount or type of damages, compensation, or benefits payable by or for Operator or any of Operator's subcontractors under workmen's compensation acts, disability benefit acts, or other employee benefit acts. In no event shall Operator be liable for or have an obligation to defend the County for the County's negligent or wrongful acts or omissions or the negligent or wrongful acts of the County's agents or employees. b. Subject to the limitations on damages in paragraph 14, the liabilities and obligations of these indemnities are expressly intended to cover, among other liabilities, any damages, claims and strict liability arising under Applicable Law. Each of the parties to this Agreement understands and agrees that the obligations set forth in this Paragraph 4 will survive the performance and termination of this Agreement. 5. Title/Acceptance of Solid Waste. a. Title to and all risk of loss and responsibility for Acceptable Waste delivered to the Facility by County or its designee shall pass to Operator at the time Collier County's Waste is buried at the Facility. Except for Hazardous Waste, title to Solid Waste which does not conform to the definition of Acceptable Waste shall remain with County and shall not be deemed to pass to the Operator until such waste is buried at the Facility. b. County shall tender Solid Waste to Operator and Operator shall accept Solid Waste pursuant to paragraph 7. Solid Waste shall be considered accepted at the time the material is removed from County's vehicle at the Facility. NO. AGE NOr bTE't! _ JUN 1 2 2001 - PG. I!:J Acceptance of the Solid Waste shall not impair, or operate as a waiver of, any remedy available to Operator, including revocation of acceptance in the event the Solid Waste is later discovered to be Hazardous Waste. Operator may inspect, sample, analyze and test any Solid Waste; however, exercise or a failure to exercise such right shall not relieve County of its obligations under this Agreement to deliver only Acceptable Waste. c. If County or any designee delivers to the Facility any material failing to conform to the definition of Acceptable Waste in this Agreement or to the requirements of any Applicable Law, and if Operator notifies County of the delivery of, and requests removal of such non-conforming materials, County shall make available to the Facility, or cause to be made available to the Facility, within ten (10) days of such notice, containers and vehicles suitable for transporting such non-conforming material and County shall thereafter remove, or cause to be removed, within fifteen (15) days of such notice, such nonconforming material from the Facility in accordance with all Applicable Law. d. If at any time County shall learn that Solid Waste it delivered to the Facility was not Acceptable Waste, it shall promptly notify Operator and provide the basis for its understanding. 6. Facility Operations. a. At all times during the term of this Agreement, Operator shall cause the Facility, its transferees, contractors, and affiliates to be open for operation and acceptance of Acceptable Waste from County or its designees during the Facility's regular business hours or such other operating hours as are mutually agreed upon. Provided, however, during the term of this Agreement, the Facility shall not be deemed open for operation and acceptance of Solid Waste on national holidays, and provided further that, if the approved operating hours of the Facility are expanded or restricted (by a third party), then Operator shall cause the Facility to be open for operation and acceptance of Acceptable Waste from County or its designees during such expanded or reduced hours. Operator shall give County prompt notice of any attempt to restrict business hours. Operator shall allow vehicles of County or its designees access to the Facility in the order such vehicles arrive relative to all other vehicles delivering Acceptable Waste or other materials to the Facility. County acknowledges the right of Operator to make and enforce reasonable rules and regulations as are necessary regarding the Facility's operations. The County, its designees, transporters, contractors, and affiliates will abide by such rules as established from time to time. Operator shall furnish a copy of the Facility's rules and regulations upon request and shall notify County of any changes as they occur. b. Operator will cause to be furnished and reasonably maintained during the term of this Agreement access roads to the Facility so as not to cause damage to vehicles of County or its designees, transporters, contractors, and/or affiliates beyond normal wear and tear customary to accepted industry standards. If any vehicles of County or its designees, transporters, contractors NO. AGENidTL 4 JUN 1 2 2001 PG. / t, ...- and/or affiliates, entering the Facility become incapacitated or unable to move on the Facility premises for causes other than those attributable to the condition of the access roads, Operator may, but shall have no obligation to, provide assistance in moving the vehicle, all at the sole cost and expense of County. In such circumstances, County agrees that Operator shall have no liability for damage to any incapacitated vehicle or property resulting from rendering such assistance. c. If Operator is required to close the Facility for any reason, it will use reasonable efforts to provide notice of such closing at least ninety (90) days prior to the date thereof, or as soon as reasonably possible. Further, in the event of such closing, Operator shall reasonably cooperate to make disposal capacity available to County at an alternative facility at mutually agreed upon terms and conditions. Operator shall operate the Facility, its gate, scale house, and disposal area under terms and conditions no less favorable to County and/or its designees than those provided to Operator's own vehicles or to the vehicles or any municipality or county in Florida, except as to price and credit terms. 7. Waste Volume. .- a. County shall have the right to deliver or cause to be delivered to the Facility up to a maximum of 930,000 tons of Collier County Waste at a rate not to exceed 1,500 tons per day and 465,000 tons per year ("Capped Amount"). The Capped Amount does not include storm debris or special waste delivered pursuant to Subparagraphs 7.d. and e., below. b. Operator shall have an obligation to accept from County and/or its designees, Collier County Waste up to the Capped Amount. All rights and obligations pertaining to the delivery and acceptance of Collier County Waste at the Facility shall expire when County or its designees have used the maximum tonnage available under the Capped Amount, or upon the expiration of this Agreement, whichever is sooner. Further, Operator shall have the right to terminate this Agreement on one hundred eighty (180) days' written notice if either one of the following contractual arrangements between the County and Waste Management Inc. of Florida is terminated by the County, without cause, and in breach of the applicable contract: (i) the Landfill Operation Agreement dated February 7, 1995, as a mended; (ii) the Solid Waste Collection Service Agreement dated June 12, 1990, as amended; c. County's attainment of per day volume limitations shall be based upon average deliveries during a calendar quarter. Operator may refuse to accept volumes of Acceptable Waste from County in excess of the daily, annual, and total volume limitations set forth in Subparagraph 7.a., above. NO. ~G[Nr(/EML JUN 1 2 21J01 pt;. /7 d. During the term of this Agreement, County shall have the option to secure additional disposal capacity up to a maximum of 500,000 tons for debris resulting from a hurricane or other natural disaster in Collier County. The County shall provide written notice to Contractor of its election to secure such additional capacity at least 30 days' prior to the first use of same. e. During the term of this Agreement, the County shall have the right to deliver the County's special wastes to the Facility, including but not limited to construction and demolition debris, and sludge from wastewater treatment plants located in Collier County, provided such special wastes are Acceptable Waste. The County's deliveries of special waste shall not be included in the calculation of the Capped Amount. 8. Price a. The price for disposal of the waste volume described in Subparagraph 7.a. shall be $21 per ton for waste delivered in transfer trailers, exclusive of all Fees. All Fees shall be borne by County. County shall pay a minimum of $1 per year for each year of the term of this Agreement, whether or not waste is delivered to the Facility by the County. b. The price for disposal of storm debris, pursuant to Subparagraph 7.d., above, shall be $21 per ton. c. The price for the disposal of sludge, pursuant to Subparagraph 7.e., above, shall be $21.40 per ton. This price shall increase to $25.00 per ton on October 1, 2001. The price for the disposal of wallboard shall be $24.85 per ton. The price for the disposal of other special wastes shall be the lower of (1) the gate rate or (2) any negotiated rate that is mutually acceptable to the Operator and the County. d. "Fees" shall mean federal, state, local or other taxes, fees, surcharges or similar charges related to the disposal of Solid Waste, which are imposed by law, ordinance, agreement with a governmental authority or regulation existing as of the date of delivery of the Solid Waste. e. At the end of each month, Operator shall submit to County an invoice for all volumes delivered. All invoice statements shall be paid within forty-five (45) days of receipt. If County fails to timely pay such amounts, Operator shall have the right to charge, and County agrees to pay, interest on such past due amounts at the rate authorized under the Florida Prompt Payment Act. f. CPI Adjustment. The prices provided in Subparagraphs 8.a., b., c., and h., shall be in effect from and after the date of this Agreement until changed as hereafter provided. Operator may change the price once per calendar year during the term of this Agreement by sending notice of such change to County at least thirty (30) days prior to the end of the calendar year, in which event such price change shall become effective as of January 1st following the date NO. AGETfJ I 6 JUN 1 2 2001 PG. J I .-. on which such notice was sent, if this Agreement shall then still be in effect. The first such price change may be effective January 1, 2003. The increase in pricing shall be based upon 100% of any increase in the United States Consumer Price Index (the "Index") for all Urban Consumers, U.S. city average, as published by the United States Department of Labor, Bureau of Labor Statistics (or if such index shall cease to be published, any similar index agreed upon by the parties). For purposes of the preceding sentence, (i) any increase in such price shall be measured from the price as of the date of this Agreement (or if later, the price used as of the date the Operator last notified County of a change in the price), to the price as of the date Operator notifies County of the price change, and (ii) any increase in the Index shall be measured from the Index as of September 30, 2002 (or if later, the date on which Operator last notified County of a change in the price), to the Index as last published prior to the date Operator notifies County of the price change. Fees, if any, are not subject to the CPI adjustment herein but may increase or decrease as the case may be. g. Price Adjustment for Change in Law. The parties hereto agree that Operator may reasonably adjust price terms in Paragraph 8 in the event of a change in law that is unforeseen and that materially increases the cost of operations. The price adjustment shall be calculated by spreading the increases in the cost of operations equally across all tons of waste received at the Facility. h. Costs related to transportation of Collier County's Waste to the Facility are not governed by this Agreement; except the cost of transporting sludge shall be $24.60 per ton and the cost of transporting wallboard shall be the lower of $12.94 per ton or $258.85 per load. 9. Limited License to Enter. During the term of this Agreement, County shall have a license to enter the Facility for the limited purpose of, and only to the extent necessary for, unloading waste at the location and in the manner directed by the Operator. Except in an emergency, or at the express direction of the Operator, the employees of the party delivering waste to the Facility shall not leave the immediate vicinity of their vehicle. After unloading the waste, the employees of County shall promptly leave the Facility. No scavenging will be permitted. 10. Insurance. Without limiting Operator's indemnity obligations, Operator shall maintain the following insurance and all insurance that may be required under the laws of any governmental authority: a. workers' compensation as prescribed by law and employer's liability insurance of not less than $1,000,000; .- NO. AGENiOTr!..-- 7 JUN 1 2 2001 PG. 1'1 b. comprehensive general liability (bodily injury and property damage) of not less than $5,000,000 combined single limit per occurrence; including (i) contractual liability to cover liability assumed under this Agreement, (ii) product and completed operations liability; c. automobile liability (bodily injury and property damage) of not less than $5,000,000 combined single limit per occurrence on all owned, non- owned and hired vehicles; d. pollution liability for sudden pollution incidents and non-sudden pollution incidents of not less than $5,000,000 per occurrence and in the aggregate. Before commencing work under this Agreement, Operator shall provide County with certificates or other documentary evidence of the above insurance. The above insurance shall include a requirement that the insurer provide County with 30 days' written notice prior to the effective date of any cancellation or material change in the insurance. The insurance in (b), (c) and (d) shall name the County as an additional insured and provide primary coverage with respect to County. 11. Termination. Either party shall have the right to terminate this Agreement in the event of the material breach of this Agreement which is not cured within thirty (30) days after receipt of written notice; provided, however, if the breach is such that more than thirty (30) days is required for its reasonable cure, then the Agreement shall not be terminated as long as the party alleged to be in breach has commenced such cure within the said thirty (30) day period and is thereafter diligently pursuing it. Notwithstanding any cure that may be effected pursuant to this paragraph, the non-breaching party shall be entitled to such other relief as provided in this Agreement. 12. Notices. All notices required or permitted to be given hereunder shall be in writing and shall be deemed given if delivered in person, by telecopy, by an overnight delivery service, or by certified or registered mail to the other party at the following addresses: AG(NPArP~ NO.~ JUN 1 2 lb01 PG. ~o .- If to Operator: Okeechobee Landfill 10800 NE 128th Avenue Okeechobee, FL 34972 Attention: Matthew Orr with a required copy to: Waste Management Inc. of Florida 2700 NW 48th Street Pompano Beach, FL 33073 Attention: Ronald Kaplan, Esq. If to County: Collier County 3301 Tamiami Trail East Naples, Florida 33962 Attention: County Manager with a required copy to: Collier County 3301 Tamiami Trail East Naples, Florida 33962 Attention: County Attorney Any party may change the addresses or persons to which notices are to be sent by giving notice to the other party. 13. Force Majeure. .- Neither party shall be liable to the other for the failure to perform its duties and obligations under the Agreement or for any resultant damages, loss, or expenses, if such failure was the result of an act of God, riot, insurrection, war, catastrophe, natural disaster, compliance with any Applicable Law, whether valid or invalid, of any governmental body, or instrumentality, or any other cause beyond the reasonable control of such party, or strike, lockout or other labor disturbance (even if terminable by the affected party by acceding to the demands of any labor group) and which the affected party was unable to avoid by the exercise of reasonable diligence. In the event any delay due to Force Majeure occurs or is anticipated, the affected party shall promptly notify the other party of such delay describing the cause and estimated duration of such AGE'~ EI'1 NO. ---LlL_ 9 JUN 1 2 2001 PG. ,;J/ delay. Further, the affected party shall use reasonable efforts to remove any Force Majeure condition. 14. Limitation on Damages. Neither party shall be liable to the other for special, consequential, or punitive damages arising out of the performance of this Agreement. 15. Amendments. No amendment or modification of the terms and conditions of this Agreement shall be effective unless such amendment or modification is in writing and signed by authorized representatives of the Operator and County. 16. Relationship of the Parties. This Agreement shall not in any manner be construed so as to create the relationship of principal and agent or a partnership or joint venture or of any association between County and Operator. The parties hereto agree to act as independent contractors and as such, except as otherwise specifically set forth in this Agreement, each party shall be liable for its own business operations, insurance, taxes, licenses, permits, expenses and all other liabilities. 17. Attorneys' Fees. If any controversy, claim or dispute between the parties arises out of or relates to this Agreement or the breach hereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorneys' fees, which shall be determined by the court if the matter is litigated, or otherwise in a separate action brought for that purpose, provided that the sum awarded shall not alter the limits of liability established in Section 768.28, Florida Statutes. 18. Assignment. Neither party may assign, transfer or otherwise vest in any other business entity or person any of the rights or obligations under this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld; provided, however, that either party may, without any such prior written consent, assign its rights and/or obligations hereunder to a subsidiary or affiliate corporation. 19. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior understandings, discussions and representations relating to the subject matter. NO. AGENTVT JUN 1 2 ~~Ol PG. ~~ = """"~-""'<"""'""""'"""""""'-'''-',"'.''''''''._'''''''___""",,",,''''l.,..;~,''""",', -- 20. Miscellaneous. This Agreement will be governed by the laws of the state of Florida, and is binding on the successors and assigns of both parties. A facsimile signature of any party shall be considered to have the same binding legal effect as an original signature. IN WITNESS WHEREOF, this Agreement has been signed by the authorized representatives of the parties effective the date specified above. ATTEST AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James C. Carter, Ph.D., Chairman WITNESSES AS TO CONTRACTOR: WASTE MANAGEMENT INC. OF FLORIDA By: Okeechobee cap disp-rev.5-23-01 NO. AG[HrOT~ I JUN 1 2 2am pc. ;<..3 SECOND AMENDMENT TO LANDFILL OPERATION AGREEMENT BETWEEN COLLIER COUNTY AND WASTE MANAGEMENT INC. OF FLORIDA This is the "Second Amendment to the Landfill Operation Agreement Between Collier County and Waste Management Inc. of Florida" ("Second Amendment"), and this Second Amendment is made and entered into in duplicate as of this day of , 2001, by and between Collier County (the "County"), a political subdivision of the State of Florida, and Waste Management Inc. of Florida (the "Contractor"). WITNESSETH: WHEREAS, the County and the Contractor entered into a "Landfill Operation Agreement Between Collier County and Waste Management Inc. of Florida" (the "Agreement") dated February 7, 1995; and WHEREAS, the County and Contractor entered into an "Amendment to Landfill Operation Agreement Between Collier County and Waste Management Inc. of Florida" (the "First Amendment") dated February 27, 1996; and WHEREAS, the County and Contractor now desire to further amend the Agreement. NOW, THEREFORE, in consideration of the promises and covenants contained in this Second Amendment, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following modifications to the Agreement. The additions to the existing language in the Agreement are shown herein by underlining; deletions from the Agreement are shown by 8trikcthrougho. Entirely new sections of the Agreement are set forth below as Sections 2.26, 2.27, 2.28, 2.29, 2.30, 3.11, 3.12 and 5.7. This Second Amendment does not contain or repeat those provisions of the Agreement that are unchanged. 1. The following provisions in Section 1.0 ("DEFINITIONS") are amended as indicated: 1 NO. AGfit7IT~ . JUN 1 2 2001 PG. ~~ - "Construction and demolition debris" has the meaning given it in Rule 62-701.200(27), F.A.C. "Con8truotion ~nd demolition debri8" me~no mQteri~lo gener~lly con8idered to be not ~~ter ooluble ~nd non h~z~rdouo in n~ture, inoluding but not limited to otee1, gl080, brick, concrete, ~oph~lt roofing m~teri~l, pipe, gypoum ,;~llbo~rd, ~nd lumber, from the con8truction or deotruction of ~ otructure ~o p~rt of ~ conotruction or demolition project or from the ren07~tion or m~inten~noe of ~ 8tructure. The term include8 rocko, ooi18, tree rem~ino, tree8, ~nd other 7eget~ti7e m~tter which norm~lly reoult8 from l~nd cle~ring or l~nd de7elopment oper~tiono for ~ conotruction proj ect. HiEing of Conotruction ~nd demolition debrio ,;i th other type:J of Solid ,;~ote, including m~teri~l t;hich io not from the ~ctu~l conotruction or deotruction of ~ otructure, ~ill c~uoe it to be cl~ooified ~o other th~n Conotruction ~nd demolition debri8. "Final cover" has the meaning given it in Rule 62- 701.200 (39), F.A.C. "Initial cover" has the meaning given it in Rule 62- 701.200(59~), F.A.C. "Intermediate cover" has the meaning given it in Rule 62- 701.200(61~), F.A.C. "Landfill" or "Sanitary Landfill" has the meaning given it in Rule 62-701.200(i!~), F.A.C. "Objectionable odor" has the meaning given it in Rule 62- 210.200(203), F.A.C. "On-site" has the meaning given it in Rule 62-701.200(87), F.A.C. meon:J on the o~me or geogr~phic~lly contiguouo property, which m~y di7ided by 0 public or pri7~te right of ~oy. "Recovered materials" has the meaning given it in Rule 62- 701.200(102~), F.A.C. "Recycling" has the meaning given it in Rule 62- 701.200(105~), F.A.C. "Solid waste" has the meaning given it in Rule 62- 701.200(113~), F.A.C. "Solid waste disposal unit" has the meaning given it in Rule 62-701.200(116), F.A.C. 2 NO. AGEib XC!... ~ JUN t 2 2001 PG. ~ S "Special wastes" has the meaning given to it in Rule 62- 701.200(119+&), F.A.C., and includes any waste described in Exhibit "C" attached hereto and incorporated by reference. "Waste tire" has the meaning given it in Rule 62- 701~.200(134), F.A.C. 2. The second paragraph of Section 2.6 ("Scope of Operating Responsibility") is amended as follows: Except as provided in Section 3.2, the Contractor shall at its expense perform all operations of the Facility including, but not limited tOT~ placement and compaction of Solid wasteT~ excavation, transport and placement of On-site borrow material as Initial cover and Intermediate cover; acquisition and placement of Initial cover, Intermediate cover, and Final cover; Leachate collection, temporary storage and conveyance to an approved point of off-site disposal; gas control to the extent necessary to eliminate nuisance odors; On-site erosion control measures and stormwater management facilities; control of On-site fires; On- site utilities; required maintenance of equipment (except calibration of the scales); aft4 incidental operations and maintenance; and On-site litter control, including the access road from County Road 951 to the Naples Landfill entrance. The Contractor shall be allowed to excavate and utilize allan-site borrow material that may be available from the FacilitiesT including the m~teri~l m~de ~v~il~ble from the mining of Cello 1 ~nd 2 of the N~pleo L~ndfill. The Contractor also shall design, permit, construct and close any new solid waste disposal units at the Naples Landfill. 3. The first two sentences of Section 2.7 ("Groundwater Monitoring and Testing") are amended as follows: The Contractor shall at its expense collect samples from the On-site groundwater monitoring wells and submit them to ~ Contr~ctor'o Environment~l Honitoring L~bor~tory a Department approved and certified laboratory for analysis. The Contr~ctor'o environment~l l~bor~tory oh~ll be ~ Dep~rtment ~pproved l~bor~tory. 4. The first sentence in Section 2.12 ("Household 3 NO. AGEttrdT~ JUN 1 2 2001 PG. a:t~ '-----,"",,,.,,,,,,;,,",,,,"-,,,,,,,,""'",'" - Hazardous Waste Collection Center") is amended as follows: 2.12 Household Hazardous Waste Collection Center. The Contractor shall operate the household hazardous waste collection center at the Naples Landfill for the collection of Class III Special waste and household hazardous waste during the hours of 8:00 a.m. - 12:00 Noon every Saturday and 12:00 Noon - 1:00 p.m. every Tuesday, Wednesday, Thursday, and Friday, except holidays. 5. Section 2.13 ("Mining Operations") is deleted in its entirety. 6. The first four sentences in Section 2.14 ("Cover Material") are deleted in their entirety. The remaining provisions of Section 2.14 are amended as follows: Any use of tarpaulins in lieu of d~ily Initial cover material shall be for the working face only and shall require the prior written approval of the County Manager. In no event shall the Landfill working face exceed a fifty (50) foot by one hundred (100) foot area when daily work ceases on the working face. Subject to the provisions of this paragraph, the Contractor shall use an alternate initial cover if the use of such material is requested in writing by the County and approved by the Department. For the purposes of this paragraph only, the alternate initial cover material shall consist of: biomass (e.g., mulch); construction and demolition debris (not including gypsum wallboard); a combination of biomass and construction and demolition debris; or a combination of biomass, construction and demolition debris, and soil. If the alternate initial cover material contains soil, the Contractor shall be reimbursed for the soil pursuant to the provisions of Subsection 2.26(5) of this Agreement; however, the Contractor shall receive no additional compensation for preparing or using the alternate initial cover material. 7. Subsection 2.15.1 ("Specifications") is amended by 4 NO. AGENrOTL. JUN 1 2 2001 PG.= ..:17 adding the following new paragraph 12: 2.15.1 Specifications. * * * * * (12) Wallboard shall be separated from the C/O material for disposal at an appropriately licensed solid waste management facility, other than one of the Facilities. 8. A new Section 2.26 ("Additional Odor Control Measures") is created as follows: 2.26 Additional Odor Control Measures. (1) The Contractor is responsible for ensuring that the Naples Landfill does not cause objectionable odors in off-site areas. In addition to the other odor controls required in this Agreement, the Contractor shall undertake the following odor control measures at the Naples Landfill: (a) The Contractor shall only use soil as initial cover, unless the Contractor receives prior written authorization from the County Manager and the Department for the use of other materials. (b) The Contractor shall not remove the Initial cover from the solid waste when recommencing operations at a particular location, unless the Contractor receives prior written authorization from the County Manger and the Department to do so. (c) The Contractor shall construct horizontal gas collection trenches, and shall install collection headers and other necessary piping, at the working face as part of the Contractor's normal operating procedure, unless the Contractor receives prior written authorization from the County Manager to terminate this procedure. (d) The Contractor shall install backup generators with automatic switchgear to help ensure the continuous operation of the Landfill's odor control system, even in the event of an electrical power outage. (e) The Contractor shall provide three phase 5 NO. AGE'" I~ f JUN 1 2 2001 PG. :l! electrical power for the Landfill's odor control system. (f) The Contractor shall install other equipment, perform appropriate studies, and take other steps to improve the odor control system at the Naples Landfill, if such actions are requested in writing by the County. (g) The Contractor shall promptly install an upgraded blower and flare system with a minimum manufacturer's rated flow capacity of at least 3,000 standard cubic feet per minute. This system shall be designed, maintained, and operated to ensure that the blower and flare are operated continuously and restart automatically, if necessary. (2) Subject to the conditions and limitations contained in this Agreement, the County shall reimburse the Contractor for the reasonable out-of-pocket costs the Contractor incurs when undertaking and implementing the odor control measures described in Subsection 2.26(1) of this Agreement. However, the Contractor shall not be paid any "mark-up" for the Contractor's out-of- pocket costs, or any profits, or any other fees or charges for the activities required pursuant to Subsection 2.26(1) of this Agreement. (3) The Contractor shall coordinate with the County before procuring materials, equipment or services under this Section 2.26. The Contractor shall use a competitive procurement process to obtain suitable materials and equipment at the lowest cost. (4) The Contractor shall be reimbursed $0.36 for each ton of solid waste that is disposed of in a lined cell at the Naples Landfill. However, the reimbursements under this paragraph shall cease when 9.3 million tons of solid waste have been disposed of in the lined cells at the Naples Landfill. For the purposes of this paragraph, the tonnages placed in the lined cells at the Naples Landfill shall only include solid waste delivered on or after May 1, 2001. (5) Subject to the limitations contained in this Agreement, the County shall reimburse the Contractor for the cost of the additional off-site soil that was purchased and used as a result of implementing the requirements of Subsections 2.26(1) (a) and (b), above. The amount of the reimbursement shall be based on the Contractor's invoices for soil purchases. However, to demonstrate compliance with Subsection 2.26(7), below, the amount 6 NO. AGE7rX~ JUN 1 2 2001 PG. .:< 1 of the reimbursement also shall be evaluated by using the following formula: SR = Q x C Where, SR = the soil reimbursement to the Contractor; Q the quantity of soil purchased and used as initial cover at the Naples Landfill during the preceding month; and C the cost per cubic yard of soil, based on the average cost during the preceding month. The Contractor shall not be reimbursed under this Subsection 2.26(5) or Subsection 2.26(6), below, unless the Contractor uses soil as initial cover at the Naples Landfill. Except as expressly provided in this Agreement, Contractor shall not be reimbursed or receive any other payment for the cost of procuring, preparing, handling or placing initial cover at the Facilities. (6) Subject to the limitations contained in this Agreement, the County shall reimburse the Contractor for the airspace in the Naples Landfill that is lost as a result of implementing the requirements of Subsections 2.26(1)(a) and (b), above. The amount of the Contractor's reimbursement shall be calculated by using the following formula: AR = Q x ($3.30 per cubic yard) x I x 0 Where, AR the airspace reimbursement to the Contractor; Q the quantity of soil purchased and used as initial cover at the Naples Landfill during the preceding month; I the soil infiltration factor of 0.8; and o the soil compaction factor (load factor) of 0.89. The Contractor shall not be entitled to any further reimbursements for lost airspace if the Naples Landfill has received or will receive 9.3 million tons of solid waste for disposal in lined cells between May 1, 2001 and the time of the landfill's final closure. (7) When calculating the amount of the Contractor's reimbursements pursuant to Subsections 2.26(5) and (6), the maximum allowable value for "Q" (the quantity of purchased soil in cubic yards) shall be 28% of the volume, in cubic yards, of the solid waste placed in the lined cells in the Naples Landfill 7 NO. AGf.NTOTL- JUN 1 2 2001 PG. 3tJ ""'........._""....,-"".".,.,....,"".",.",,_.,";,"._,;....>...."'.~""-''''''''''-''.''"''''''''' "..""",,,,-,', - during the preceding month. For the purpose of calculating the monthly volume of solid waste placed in the Naples Landfill, the following formula shall be used: Waste volume placed in cubic yards tons divided by 0.65 Waste placed in The results of this calculation shall be reviewed annually and the reimbursements to the Contractor shall be adjusted, if necessary, based upon a determination of the actual volume of solid waste placed in the Naples Landfill, as determined by aerial photogrammetry or other methods of equivalent accuracy. (8) Each month the Contractor shall provide the County with a detailed billing statement, including invoices, for the soil that the Contractor purchased and used during the prior month as initial cover at the Naples Landfill. The Contractor's billing statement shall contain the calculations required pursuant to Subsections 2.26(5), (6), and (7), above. The Contractor's billing statement also shall include any other requests for reimbursement pursuant to this Section 2.26. The County shall reimburse the Contractor within 45 days after receiving the Contractor's billing statement. (9) With regard to the activities required in Subsections 2.26(1) (d), (e) and (f), the Contractor shall obtain the County Manager's prior written approval before incurring any reimbursable expense for these activities. Any materials or equipment (e.g., generators) purchased by the Contractor pursuant to Subsection 2.26(1) shall become the County's property when the County reimburses the Contractor for the purchase of such materials and equipment. (10) The Contractor shall receive no reimbursements for the activities required pursuant to Subsection 2.26(1) (g). (11) As an additional odor control measure, the Contractor may use soil for part or all of the intermediate cover at the Naples Landfill. Subject to the limitations contained in this Agreement, the County shall reimburse the Contractor for the off- site soil that is purchased and used at the Naples Landfill as intermediate cover. The reimbursements shall be based on the Contractor's invoices for soil purchases, which shall be submitted monthly, in accordance with Subsection 2.26(8) of this Agreement. The County's obligation to reimburse the Contractor for soil used as intermediate cover is limited to a total of 8 NO. AGf.N(OITt'! JUN 1 2 2001 PG. .31 $40,000 per year and also is limited by the provisions of Subsection 2.26(12) of this Agreement. Except as expressly provided in this Agreement, the Contractor shall not be reimbursed or receive any other payment from the County for the cost of procuring, preparing, handling or placing intermediate cover. (12) Notwithstanding any other provision of this Agreement, the Contractor's total reimbursement for the odor control measures required by Section 2.26 of this Agreement shall not exceed $3.86 per ton of solid waste disposed of in the lined cells of the Naples Landfill. Compliance with this requirement shall be determined on an annual basis. On June 1, 2002 and at least once each year thereafter, the Contractor shall submit a written report to the County Manager demonstrating compliance with the requirements of this paragraph. At a minimum, the Contractor's annual report shall identify: (a) the total amount of solid waste placed in the lined cells of the Naples Landfill during the preceding 12 months; (b) the total amount of the reimbursements that the Contractor received during the preceding 12 months pursuant to Section 2.26 of this Agreement; and (c) whether the Contractor's reimbursements were greater than $3.86 per ton. If the reimbursements exceeded $3.86 per ton, the County shall deduct an appropriate amount from the fees that are to be paid to the Contractor pursuant to Section 5.1 of this Agreement. The maximum reimbursement of $3.86 per ton shall be adjusted annually in accordance with the procedures described in Section 5.2 of this Agreement. However, any CPI adjustments shall be based on the changes in the CPI that occur after the effective date of the Second Amendment to this Agreement. 9. A new Section 2.27 ("Construction of New Cells 1 and ~") is created as follows: 2.27 Construction Of New Cells 1 and 2. In conjunction with the County's efforts to remediate Cells 1 and 2 in accordance with the requirements in Section 3.11 of this Agreement, the Contractor shall take all steps necessary to make Cells 1 and 2 suitable for use as a new solid waste disposal unit. Among other things, the Contractor shall: obtain the necessary environmental permits and approvals; procure and place fill material, as necessary, to establish appropriate slopes for the base of the new solid waste disposal unit; and install liner 9 NO. AGENrCF() "" JUN 1 2 2001 PG. .3 :l .- and leachate collection systems. The costs of these activities shall be paid by the Contractor. Notwithstanding anything else contained in this Agreement, the Contractor shall not receive any fee or other compensation for any landfill capacity that is lost if the base of the new solid waste disposal unit is above the natural grade at the Naples Landfill. 10. A new Section 2.28 (~Schedules and Procedures for Landfill Expansion") is created as follows: 2.28 Schedules and Procedures for Landfill Expansion. (1) Beginning October 1, 2001, and each year thereafter, the Contractor shall provide the County with a written estimate of: (a) the total volume of the lined landfill capacity that is unused and available in the Naples Landfill for the disposal of the County's solid waste; and (b) the amount of time that will be required to fill the remaining capacity of the Naples Landfill. These estimates shall be prepared and certified by a professional engineer. The estimates shall identify all of the relevant facts and assumptions used by the Contractor when preparing the estimate. (2) The Contractor shall provide written notice to the County when the Contractor determines that the Naples Landfill has three (3) years of lined landfill capacity remaining. At that time, the Contractor shall ask the County to issue a written notice to proceed with the design, permitting and construction of the next solid waste disposal unit in the Naples Landfill. (3) Within six (6) months after the County gives the Contractor a written notice to proceed, the Contractor shall file an application with the Department pursuant to Chapter 62-701, F.A.C., for a permit to construct the new solid waste disposal unit. (4) The Contractor shall work diligently with the Department and the County to ensure the prompt issuance of all of the necessary permits for the construction of the new solid waste disposal unit. Within thirty (30) days after the necessary permits are issued, or at a later date if approved in writing by the County Manager, the Contractor shall commence the construction of the new solid waste disposal unit. Thereafter, the Contractor shall diligently and continuously pursue the completion of construction. 10 NO. AGf.7t/YP JUN 1 2 2001 PG. 33 (5) The Contractor shall complete the construction of the new solid waste disposal unit within twelve (12) months after commencing construction. (6) If, at any time during the term of this Agreement, the Naples Landfill has less than two and one-half (2.5) years of lined capacity for the disposal of the County's solid waste, the Contractor shall, upon request, provide a written guarantee to the County for at least two years of disposal capacity at the Contractor's Okeechobee Landfill. This guarantee shall be provided at a cost to the County of one dollar ($1.00) per year. For the duration of this guarantee, the County shall be allowed to dispose of its solid waste at the Okeechobee Landfill by paying (a) the lowest rate available to the general public (i.e., the gate rate) or (b) any lower rate that is mutually acceptable to the County and the Contractor. The Contractor's guarantee shall be provided under the general terms and conditions set forth in the Disposal Capacity Agreement that is attached hereto as Exhibit K. This Subsection 2.28(6) supplements the County's rights under the Disposal Capacity Agreement and Subsection 2.29, below. (7) The deadlines established in Subsections 2.28 (3), (4) , and (5) shall be adjusted, if necessary, to account for Force Majeure events, consistent with the provisions of Section 8.3 of this Agreement. 11. A new Section 2.29 ("Use of Okeechobee Landfill") is created as follows: 2.29 Use of Okeechobee Landfill. (1) Subject to the conditions contained in this Section 2.29, the Contractor shall transport up to 900 tons per day (tpd) of solid waste from the Naples Landfill to the Okeechobee Landfill for disposal. The Contractor shall be responsible for all costs and expenses associated with this activity, including but not limited to the cost of loading the solid waste into transport trailers at the Naples Landfill, the cost of transportation, and the cost of disposal at the Okeechobee Landfill. (2) The Contractor will begin transporting and disposing of solid waste from the Naples Landfill within 120 days after the Contractor receives a written notice to proceed from the County. The County's notice to proceed shall specify the quantities of 11 NO. AGE7b1t!.-- JUN 1 2 2001 PG. .3 tJ solid waste to be hauled to the Okeechobee Landfill and the anticipated duration of the Contractor's activities hereunder, which shall be at least six (6) months. The County shall give the Contractor at least thirty (30) days advance written notice before terminating the Contractor's services under this Section 2.29. (3) The Contractor will transport and dispose of the County's solid waste at the Okeechobee Landfill at least five (5) days each week, except holidays. (4) The Contractor shall use its best efforts to ensure that the solid waste taken to the Okeechobee Landfill is comprised of garbage, rather than mulch, yard trash, or construction and demolition debris. (5) The County shall pay the Contractor a fee of $54 per ton for the transfer, transportation and disposal of the solid waste that is taken from the Naples Landfill to the Okeechobee Landfill. This fee shall not be paid for solid waste that is disposed of in the Naples Landfill. (6) The $54 fee shall be reduced by two percent (2%) if the County pays the Contractor within twenty (20) days after the County receives the Contractor's monthly bill for services under this Section 2.29. (7) The $54 fee shall be adjusted annually in accordance with the procedure described in Section 5.2 of this Agreement. However, any cpr adjustments in the fee shall be based on the changes in the cpr that occur after the effective date of the Second Amendment to this Agreement. The Contractor's fee under this Section 2.29 shall be adjusted upward or downward, at the request of the County or the Contractor, if there are changes in the cost of fuel or fuel taxes after the effective date. Adjustments for changes in fuel costs or fuel taxes shall only be paid on the amount of fuel that is consumed by the Contractor when hauling the County's solid waste from the Naples Landfill to the Okeechobee Landfill and returning. (8) The rights and obligations created by this Section 2.29 shall expire when the Contractor commences operation of a new solid waste disposal unit in Cells 1 and 2 of the Naples Landfill, or ten (10) years from the effective date of the Second Amendment to this Agreement, whichever occurs first. 12. A new Section 2.30 ("Testing Requirements For Odor 12 AGENDA ITEr NO. 10 0 , I JUN 1 2 2001 PG. .35" Control SystemH) is created as follows: 2.30 Testing Requirements For Odor Control System. (1) Within 90 days after the effective date of this Second Amendment to the Agreement, the Contractor shall provide the County with a proposed plan and protocol for testing the adequacy of the odor control system at the Naples Landfill. The testing protocol shall be prepared and certified by a professional engineer with experience concerning landfill odor control systems. The County shall promptly review the proposed testing protocol and shall approve, or approve subject to reasonable conditions, the commencement of testing. The Contractor shall commence testing within 90 days after receiving the County's written approval. (2) The testing protocol shall obtain objective standards and criteria for determining the adequacy of the Landfill's odor control system. If the tests demonstrate that the Landfill's odor control system does not satisfy the criteria contained in the testing protocol, the Contractor shall promptly correct the deficiencies in the odor control system. (3) At a minimum, the testing protocol shall address the following issues: (a) The blower and flare at the Landfill shall have a minimum manufacturer's rated flow capacity that is equal to or greater than 3,000 standard cubic feet per minute. (b) The flow within the odor control system shall be regulated to maximize the amount of gas extracted, while preventing fires and damage to the odor control system. (c) The blower shall have the capacity to provide sufficient flow and vacuum distribution throughout the odor control system (i.e., well field). This capacity shall be demonstrated by providing a minimum negative pressure equal to or greater than 0.5 inches of water pressure at all locations. This demonstration shall include in-situ field measurements and performance monitoring at extraction wells and the blower station. (d) Surface emissions scanning shall be conducted on all cells to confirm the performance of the odor control system in these areas. 13 NO. AGEjP(j ~ . JUN 1 2 2001 PG. 36 -- (e) The geomembrane cap system in Cells 3 and 4 shall be evaluated to ensure it is continuous and operating properly. If it is not, the Contractor shall notify the County, which shall be responsible for addressing the deficiency in the geomembrane cap. (4) With the submittal of the testing protocol, the Contractor shall provide the County with copies of "as-built" drawings and other appropriate information concerning the design and operating parameters of the odor control system. These documents shall be updated and resubmitted to the County at least annually. (5) The Contractor shall submit an updated testing protocol and shall conduct tests of the odor control system at least once each year, unless the Contractor receives prior written approval from the County Manager to delay or suspend the testing. (6) The Contractor shall be solely responsible for the cost of preparing the testing protocol and conducting the tests concerning the Landfill's odor control system. 13. Section 3.1 ("Waste Haulage") is amended as follows: 3.1 Waste Haulage. The County shall cause its franchised haulers to deliver their solid waste to the Facilities. However, nothing contained in this Agreement shall prevent the County from sending sludge, Construction and demolition debris, Yard trash, land clearing debris, mulch, Special waste, Trash, Waste Tires, or White goods directly to another solid waste management facility, without delivering such materials to the Facilities. The Contractor shall be given at least 90 days advance notice before the County directs such materials to a solid waste management facility other than the County's Facilities. 14. A new Section 3.11 ("Remediation of Cells 1 and 2") is created as follows: 3.11 Remediation of Cells 1 and 2. The County shall evaluate the physical and chemical characteristics of the materials currently contained in Cells 1 14 AGENDl IT~ NO. 0 JUN 1 2 2001 PG. ,37 and 2 of the Naples Landfill. After the County's evaluation has been completed, the County and WMI shall attempt to identify mutually acceptable procedures for (a) the remediation of Cells 1 and 2 and (b) if necessary, the compaction of Cells 1 and 2 for use as a new solid waste disposal unit. The County currently plans to excavate and remove the materials in Cells 1 and 2. If some or all of the materials in Cells 1 and ~ are not excavated by the County, the County shall use dynamic compaction or other appropriate techniques, as necessary, to compact the material in Cells 1 and 2 so that they will provide a suitable base for the construction of the new solid waste disposal unit. However, the County shall not be responsible for grading Cells 1 and 2, or placing fill material in Cells 1 and 2, or otherwise establishing the slopes or sub-base for the installation of the new liner and leachate collection system in Cells 1 and 2. The County shall have the sole right and authority to determine the most suitable method of remediating and, if necessary, compacting the materials in Cells 1 and 2. The County shall pay the cost of completing the activities required by this Section 3.11. The Contractor shall pay the cost of constructing the new solid waste disposal unit in Cells 1 and 2 pursuant to Section 2.27, above. If the County excavates solid waste from Cells 1 and 2 and then delivers the solid waste to an active lined cell at the Naples Landfill, the Contractor shall cover and dispose of the excavated solid waste at no additional cost to the County. However, if the Contractor must bring additional equipment or personnel to the Naples Landfill on a temporary basis solely to handle and dispose of the excavated solid waste from Cells 1 and 2, then the County shall reimburse the Contractor for the cost of obtaining such equipment and personnel. The Contractor's reimbursements for equipment and personnel shall be limited to Contractor's actual expenses, as documented with invoices, and shall not include any mark-up or profit. 15. A new Section 3.12 ("County Inspections") is created as follows: 3.12 County Inspections. The County and its authorized agents shall have the right to inspect and monitor all of the operations at the Facilities. The County also shall have the right to inspect the Contractor's records concerning the operation and maintenance of the 15 NO. AGE7t t!:- I JUN 1 2 2001 PG. .s g Facilities. The Contractor shall cooperate with and assist the County's inspectors. 16. A new Section 5.7 ("Deductions from Contractor's Fees") is created as follows: 5.7 Deductions From Contractor's Fees. (1) The County may reduce the amount of the fees paid to the Contractor, subject to the conditions contained herein. The remedies contained herein are supplemental to the other remedies available to the County at law and in equity. By executing this Agreement, the Contractor waives its objections to the provisions of this Section 5.7, but the Contractor reserves its right to object to the facts concerning any specific deduction, if one is assessed. (2) If the Contractor fails to give timely written notice to the County concerning the remaining capacity in the Naples Landfill, in accordance with Subsections 2.28(1) and (2), the County may deduct $500 from the Contractor's fee for each day of delay. (3) If the Contractor fails to file a timely permit application with the Department, in accordance with Subsection 2.28(3), the County may deduct $1,000 from the Contractor's fee for each day of delay. ( 4 ) compliance may deduct delay. If the Contractor fails to commence construction in with the timetable in Subsection 2.28(4), the County $2,000 from the Contractor's fee for each day of (5) If the Contractor fails to complete the construction of the new solid waste disposal area, in compliance with the timetable in Subsection 2.28(5), the County may deduct $5,000 from the Contractor's fee for each day of delay. (6) Any deductions assessed pursuant to Subsections 5.7(4) or (5) shall be reduced by one-half (~) if the Contractor completes the construction of the new solid waste disposal unit 180 days or more before the lined capacity of the Naples Landfill is completely depleted. (7) If the County or Department determine that the Naples Landfill caused objectionable odors at an off-site location for 16 NO. AGrr/ t!:- JUN 1 2 2001 PG. .s'l 48 hours or more, the County may deduct $5,000 from the Contractor's fee for each day when such odors occur. However, the provisions of this paragraph shall not be enforced when the County is excavating solid waste from Cells 1 and 2 pursuant to Section 3.11 of this Agreement. (8) If the Contractor fails to cover the solid waste at the end of each day in compliance with Rule 62-701, F.A.C., or if the Contractor fails to properly operate or maintain the landfill's gas control system, the County may deduct $1,000 from the Contractor's fee for each such incident. (9) The County Manager shall give written notice to the Contractor before the County deducts any amount from the Contractor's fee. If the Contractor objects to the County's proposed action, the Contractor shall notify and meet with the County Manager within 21 days after receiving the County's notice. If the County Manager and Contractor cannot agree about the amount or appropriateness of the proposed deduction, the Contractor may request a hearing before the Board of County Commissioners. The Contractor's request for a hearing shall be submitted in writing within seven days after the County Manager informs the Contractor about his or her decision. The Board shall fully and fairly consider the Contractor's objections at a duly noticed public meeting. If the Contractor disagrees with the Board's decision, the Contractor shall have the right to submit the dispute to binding arbitration pursuant to Section 8.15 of this Agreement. 17. Section 8.2 ("Notices") is amended as follows: 8.2 Notices. Notices of conditions or situations effecting the work to be performed under this Agreement shall be given in writing between designated operating personnel of the Contractor and the County. All other notices shall be given in writing, to be delivered by certified mail, to the parties at their respective addresses as set forth below: If to the Contractor, at: Waste Management Inc. of Florida 500 Cypreoo Creek Ro.::td, W., Suite 300 Ft. L.::tuderd.::tle, Florid.::t 33309 J.::tmeo E. O'Connor, Croup rreoident 17 AGEiOA 1(4" NO. 0 I JUN 1 2 2001 PG. J/ () 2700 NW 48th Street Pompano Beach, Florida 33073 G.R. Holcomb, Vice President With a copy to: Waste Management Inc. of Florida 500 Cypreoo Creek Ro.].d, W., Suite 300 Ft. L.:luderd.:lle, Florid.]. 33309 ^ttn: John J. R.:lY III, Vice Preoident .].nd Cener.:ll Counoel 2700 NW 48th Street Pompano Beach, Florida 33073 Attn: Ronald Kaplan, Florida Region Counsel If to the County, at: Collier County 3301 Tamiami Trail East Naples, Florida 33962 Attn: Neil Dorrill, County Manager With a copy to: Collier County 3301 Tamiami Trail East Naples, Florida 33962 Attn: County Attorney This Second Amendment will become effective when duly approved and signed by the Board of County Commissioners. This Second Amendment shall remain in effect during the period that the Agreement is in effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to Landfill Operation Agreement Between Collier County and Waste Management Inc. of Florida to be fully executed as of the date first written above. 18 NO. AGErV I~ JUN 1 2 2001 PG. '/1 ATTEST WITNESSES 5/30/01 -""-"""'-""",""-~,-,.;-"",,"-,,,,,,-,,,"-,-;"",,"";..,,,,,,,,,,._,,.. AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James C. Carter, Ph.D., Chairman AS TO CONTRACTOR: WASTE MANAGEMENT INC. OF FLORIDA By: 19 AGENDA ITEM NO. /0 C-- . JUN 1 2 2001 I./~ PG. -- THIRD AMENDMENT TO SOLID WASTE COLLECTION SERVICE AGREEMENT This is the "Third Amendment to Collier County's Solid Waste Collection Service Agreement with Waste Management Inc. of Florida" ("Third Amendment") and is made and entered into in duplicate as of this _____ day of , 2001, by and between Collier County (the "County"), a political subdivision of the State of Florida, and Waste Management Inc. of Florida (the "Contractor"). WIT N E SSE T H: WHEREAS, the County and the Contractor entered into "Collier County's Solid Waste Collection Service Agreement with Waste Management Inc. of Florida" (the "Agreement") dated June 12, 1990; and WHEREAS, the Agreement was amended July 23, 1996, by an "Amendment Agreement Modifying Solid Waste Collection Service Agreement With Waste Management Inc. of Florida"; and WHEREAS, the Agreement was amended again on September 16, 1997, by the "Second Amendment Agreement Modifying Solid Waste Collection Service Agreement With Waste Management Inc. of Florida"; and WHEREAS, the parties now wish to extend the term of the Agreement and modify certain provisions of the Agreement, as described herein. NOW, THEREFORE, in consideration of the promises and covenants contained in this Third Amendment, and for other good and valuable NO. AGEib Iz:." JUN 1 2 2001 PG. 43 consideration, the receipt and sufficiency of which is hereby acknowledged, the County and the Contractor agree to the following modifications to the Agreement. 1. Section 3 ("TERM") of this Agreement is amended as follows: The term of this Agreement shall be for a period of time beginning on the first day of the month following execution of this Agreement, and terminating on September 30, ~ 2006, 2. Section 2 ("SERVICE PROVIDED BY CONTRACTOR") is amended by the addition of new Subsections I, J, K, and L, as follows: I. The Contractor shall expand its recycling services in the manner provided herein. (1) The Contractor shall collect mixed fiber materials (e.g., magazines, junk mail, etc.), cardboard, corrugated cardboard, and plastics (#1 through #7) from residential customers in the Service Area. However, the Contractor shall not be obligated to collect the cardboard and corrugated cardboard unless these materials are cut so that they will lay flat. (2) The Contractor shall collect the mixed fiber materials, cardboard, and corrugated cardboard at least once each week. (3) The Contractor shall provide one or more recycling carts when requested to do so by those residential customers that produce large quantities of recyclable materials. The carts shall be approximately 30 gallons in size or larger, with segregated compartments and wheels. The recycling carts shall be provided to residential customers only, who are not engaged in a commercial business activity at their residence. The recycling carts shall be provided only if there is a demonstrated need for the cart, as determined by the County Manager. The recycling carts shall be the property of the Contractor. The Contractor shall be responsible for the repair or replacement of any cart needing repair or replacement due to normal wear and tear, defects, or damage caused by Contractor or Contractor's equipment. Contractor's customer shall be responsible for the replacement of any cart that is lost or damaged due to negligence or abuse while in the customer's possession. The price of a replacement cart shall be the Contractor's actual cost at the time of replacement. (4) The Contractor shall conduct a pilot program to evaluate whether the County would collect significantly more recyclable material if the Contractor collected residential recyclable materials NO. AGf:.liJ Il'" JUN 1 2 2001 PG. tiLl 2 o '.'''''-'''''''''."'~'' _"'"_"''''_''.''';"'',"^~''''''''''~, '__'"'''''''.'''.,'''"N,''"''''''"'''" twice each week. The geographic areas to be included in the pilot program shall be selected by the County and may include up to 1,000 residential units. The test program shall be conducted in these areas for at least 90 days. The pilot program shall begin within 120 days after the test areas are selected, unless a later starting date is established by the County. During the pilot program, the Contractor shall collect recyclable materials in the test areas at least twice per week. Within 30 days after the completion of the pilot project, the Contractor shall provide the County with a written report, comparing the amount of recyclable material collected in the test areas before the pilot project (i.e., with weekly collections) and the amount collected with twice weekly collections. (5) The new services described in Subsections 2.1 (1) through (4) shall be provided at no additional cost to the County or its residents. (6) The Contractor shall offer twice weekly collections of recyclable materials for any residential customers that are not engaged in a commercial business activity at their residence. This service shall be provided at a cost of $1.50 per month, 12 month minimum, paid in advance. People purchasing this service shall not be counted as part of the 5,000 residents that are entitled to receive recycling bins pursuant to Subsection 6.E. of this Agreement. J. The Contractor shall provide recycling bins to residential customers, in compliance with the provisions of Subsection 6.E. of this Agreement. K. Contractor shall offer to collect and recycle glass and bottles from Commercial Property in the Service Area. This service shall be provided promptly after the County adopts an ordinance requiring mandatory glass recycling by those commercial businesses that generate significant quantities of glass (e.g., restaurants, bars, etc.). This service shall be provided for a maximum charge of five dollars ($5.00) per pick-up per container, based on a minimum container size of 60 gallons. Contractor also shall collect recyclable plastics that are commingled with the glass and bottles from commercial businesses in the Service Area. L. The Contractor shall collect and process electronic scrap (e.g., discarded computers, televisions, etc.) that is discarded in the Service Area. At a minimum, the Contractor shall provide the following services at no cost to the County: (1) The Contractor shall hold two major events each year for the collection of electronic scrap. These events shall be held at a time and place that are mutually acceptable to the Contractor and County. The Contractor shall provide a container for the collection of electronic scrap at these events. The Contractor also shall provide on-site staff to accept and manage the electronic scrap delivered to the site. Contractor shall transport the electronic scrap to an appropriate facility for processing. AGENDA fiE" NO. 10 c 3 JUN 1 2 2001 I~ PG. oy, (2) The Contractor shall place a dumpster at each one of the County's transfer stations for the collection of electronic scrap. The Contractor shall empty the dumpsters, as necessary, and shall transport the electronic scrap to an appropriate facility for processing. The Contractor also shall train the appropriate members of the County's staff concerning the proper management of these materials. The County shall reimburse the Contractor for the cost of processing the electronic scrap collected at the semiannual events and the County's transfer stations. The County will be billed on a monthly basis for the scrap processing. The County shall only pay the Contractor's actual cost, as documented by invoices, without mark-ups or additional fees. The cost of processing the electronic scrap shall not include the cost of collecting, transporting or handling the electronic scrap. The scope of Contractor's services for electronic scrap recycling, and the associated costs, will be determined in future negotiations between the County and the Contractor. The electronic scrap recycling program shall not commence until these negotiations are completed and the County Manager gives a written notice to proceed to the Contractor. 3. The existing language in Subsection 6.E. ("Recycling Containers") shall be deleted in its entirety and shall be replaced with the following new provisions: E. Recycling Containers From the effective date of the Third Amendment until the end of the term of this Agreement, the Contractor shall be responsible for purchasing and distributing recycling bins to the residential customers in the Service Area. The Contractor shall provide at least 5,000 new recycling bins each year to its customers. These services shall be provided by the Contractor at no additional charge to the County or its customers. If the Contractor distributes any recycling carts pursuant to Subsection 2.1(3) of this Agreement, each cart shall count as the equivalent of 10 recycling bins when determining whether the Contractor is in compliance with its obligation to distribute 5,000 recycling bins. The County shall reimburse the Contractor for the cost of those recycling bins that are distributed in the Service Area and are in excess of the Contractor's requirement for 5,000 bins per year. The County shall reimburse the Contractor in the amount of the Contractor's purchase price, as documented by invoices, but the County shall not pay any mark-up or other charges. 4. Section 9.A. ("QUALITY OF PERFORMANCE OF CONTRACTOR") is amended "GErDA 1...1:[M NO. {O l!.-- JUN 1 2 2001 PG. 4~ 4 ''''''',-"., ..'"........-.."".'""'''""'''...__..."'',.._.",,'''''',"~,,-"''',,..''',,.,,''~"' ~ by the addition of the following new paragraph: If the Contract Administrator determines that the Contractor's activities in the Service Area caused litter, which was not corrected within six (6) business hours after the Contract Administrator notified the Contractor, then the Contract Administrator may levy an administrative charge of $100 per day per incident. This provision applies to litter caused by the Contractor's collection activities at residential and commercial locations, as well as roadside litter caused when materials blow out of the Contractor's vehicles. The Contract Administrator also may levy an administrative charge of $100 per incident if the Contract Administrator determines that one of the Contractor's vehicles was not properly covered while transporting Solid Waste or recovered materials within the Service Area. If the Contractor is assessed administrative charges pursuant to the provisions of this paragraph on more than 15 occasions in one month, the amount of the administrative charge shall be increased to $200 per day per incident until the Contractor completes a consecutive three month period with less than 15 administrative charges in each month. For the purposes of this paragraph only, litter shall mean three (3) or more pieces of paper, cardboard or solid waste. 5. Subsection 6.N. ("Title to Recyclables") shall be amended by adding the following provisions: Notwithstanding any other provision in this Agreement, the County may require the Contractor to deliver the Recyclables collected by the Contractor in the Service Area to a materials recovery facility or recovered materials processing facility located in Collier County. The County shall give the Contractor at least one hundred eighty (180) days advance notice before requiring the Contractor to use a facility designated by the County. The Contractor shall not receive any additional fee from the County or its customers for taking Recyclables to the County's designated facility. If the County requires the Contractor to deliver Recyclables to a designated facility in Collier County, the County shall reimburse the Contractor for the lost profits, if any, that the Contractor would have earned under this Agreement from the sale of those Recyclables. The County's obligation to reimburse the Contractor for lost profits shall only apply to those Recyclables that are collected in the Service Area and delivered to the County's designated facility prior to the termination of this Agreement. If the County and Contractor cannot agree about the amount of the Contractor's lost profits, the issue shall be resolved through binding arbitration. 6. Except as specifically amended by this Third Amendment, the AGENt Irr NO. 0 - . 5 JUN 1 2 2001 PG. -<; 7 Agreement, as amended, shall remain in full force and effect during the term of the Agreement, as extended. 7. This Third Amendment will become effective when duly approved and signed by the Board of County Commissioners and shall be effective during the period that the Agreement is in effect. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to Collier County's Solid Waste Collection Service Agreement With Waste Management Inc. of Florida to be fully executed as of the date first written above. ATTEST AS TO COUNTY: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: James C. Carter, Ph.D., Chairman WITNESSES AS TO CONTRACTOR: WASTE MANAGEMENT INC. OF FLORIDA By: 5/24/01 KO. AGEl?) ~. 6 JUN , 2 2001 PG. 4P Executive Summary Presentation of Thirteenth Annual Survey of Registered Voters Objective: To receive a presentation regarding the results of the Board's thirteenth annual telephone survey of registered voters. Considerations: Each year the Board of County Commissioners, in conjunction with the Florida Institute of Government, commissions a survey intended to measure levels of satisfaction with various services provided by Collier County. The survey is conducted using the volunteer efforts of the League of Women Voters of Collier Cou nty. .........-.. In anticipation of the Board's upcoming review of budget requests and the setting of spending priorities for fiscal year 2002, an overview of the most recent survey results will be presented by Mr. Chuck Mohlke of the firm Fraser & Mohlke Associates, Inc., who oversaw the preparation and administration of the survey. A summary of the survey results is attached. Recommendations: That the Board receive the presentation from Mr. Mohlke regarding the survey results, and recognize the members of the League of Women Voters of Collier County for their efforts on the county's behalf. Prepared By: 111 Ii.( (ilt,) ~ Mike McNees, Assistant County Manager ,,-- A No. M JUN 1 2 2001 PgJ """""""""""""""""""""""""""""""""""""""" ,..-, INSTITUTE OF GOVERNMENT EDISON COMMUNITY COLLEGE """""""""""""""""""""""""""""""""""""""" THIRTEENTH ANNUAL TELEPHONE SURVEY OF 2S6 REGISTERED VOTERS IN FIVE COLLIER COUNTY COMMISSION DISTRICTS "~ Conducted from April 17 to September 12, 2000 By the League of Women Voters of Collier County For the Office of the County Manager Collier County Government Center Naples, Florida 34112 Reported by Fraser &' Mohlke Associates, Inc. Naples, Florida 34106-2312 November 27, 2000 AGe: TEM No.~) _ JUN 1 2 2001 Pg. 6l. """""""""""""""""""""""""""""""""""""""" SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 1 INTRODUCTION Collier County's thirteenth-annual telephone survey of registered voters in County Commission Districts 1 through 5 was conducted from April 17, 2000 through September 12, 2000. Fraser & Mohlke Associates was responsible for questionnaire design and sampling; development of interviewer instructions; preparation of study questionnaires; coordination of interviewers; research ad- ministration; and the tabulation and reporting of survey findings. The League of Women Voters of Collier County conducted the telephone in- terviews. Members of the League have contributed to the successful completion of the telephone survey since 1988. Without their capable assistance, the survey could not have been conducted in an affordable and timely manner. The Institute of Government and Fraser & Mohlke again acknowledge the League's demonstra- tion of interest in county-wide issues and its consistent work to discover commu- nity attitudes toward these issues. The survey employs a structured random sample of registered voters. The Supervisor of Elections' office cooperated fully in the development of the sampling plan, providing the names of 1,350 active voters who met the sample-design re- quirements listed above. In 2000, a total of 256 interviews were successfully com- pleted, an average of over 50 voters for each district. RESEARCH METHODS The 2000 survey continues the basic questionnaire format first established in 1989, incorporating new questions, rewording questions as appropriate regard- ing current and past_ issues and decisions, and deleting some questions believed to be no longer relevant or thought to have been sufficiently responded to through the reported findings of the 1999 survey. Each respondent's relevant demographic characteristics are recorded in order to discover the respondent's age; tenure of residence; previous residence lo- cation; and whether the previous residence was in Collier County, elsewhere in Florida, or elsewhere in the United States. Size of household and age of household members, employment status, type of residence, and level of formal education are the other demographic questions asked and recorded AGEblD~EM- No._ J D ":;- JUN 1 2 2001 Pg. ~ - SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 2 TABLE I SAMPLE DISTRIBUTION OF VOTERS RESPONDINe TO SURVEY QUESTIONS (BY POSTAL ZIP CODE) Number Of Percent 2000 Postal ZIP Code Of Interviewed Voters Respondents Of Total (N=2S6) 34137,34138,34139, . 34141 5 1.9S./o Chokoloskee (341 38) Copeland (34137) Everglades City (34139) Ochopee (34141) 34142 3 1.1 7% Immokalee 34140,34145 & 34146 17 6.64% Goodland (34140) Marco Island (34145/34146) 34102 & 34103 42 16.41 % City of Naples Highpoint Twin Lakes-Westgate 34104 & 34105 .33 12.89% East of Goodlette-Frank Rd. to 1-75 and south of Pine Ridge Rd. to Davis Blvd. 34114, 34117 & 34120 36 14.06% East of C.R. 951 from northern Collier boundary to southern Collier boundary 34112 & 34113 30 11.72% City of Naples - Royal Harbor East Naples South Naples 34108, 34109 & 34110 60 23.44% North Naples from the Gulf to 1-75 and south to Pine Ridge Rd. 34116 & 34119 10 11.72% Golden Gate City and the Urban Estates, from the northern Collier line south along 1-75 to Collier Boulevard (CR/SR-951) TOTAL 256 100.00% AGE"'P'l.TEM No.-4Dl)-- - JUN 1 L Lua1 Pg, ":1 SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 3 ANALYSIS OF FINDINGS In 2000, 76 persons, or 29.69 percent of all responding voters, had moved to their present address after 1995. A total of 136, or 53.13 percent of the respon- dents in the voter-households interviewed, had moved to their present residence in ten-year period since]anuary of 1991. Table II-A and Table II-B demonstrate the tenure at their present address and the previous residence of the 256 registered voters interviewed: Terure At Address (1930-2000) From 1996 to 2000 From 1991 to 1995 From 1986 to 1990 From 1976 to 1985 From 1930 to 1975 Total TABLE II-A NJrrt>er Of Respondents Percent of Total 76 60 54 45 2l 256 29.69% 23.44% 21 .09% 17.58% 8.20% 100.00% Table II-B indicates the location of the 256 responding-voters' prior residence. and demonstrates that approximately one in five respondents moved from one residence in Collier County to another, and approximately one in seven moved to Collier County from elsewhere in Florida. However, the largest group of respon- dents, approximately three of five, came from somewhere outside of Florida. TABLE II-B Previous Residence Collier County Elsewhere in Florida Elsewhere In the U.S. Percentage 23.04% 1 5.62% 61.32% Evaluation Of Existing Conditions (Questions 8a.-8h.) The hierarchy of voter agreement in 2000 on the existing conditions topics inquired about is similar to that of questions asked in 1999. This year trash and garbage collection receives the highest agreement, 96 percent. The overall appear- ance of neighborhoods and shopping areas in Collier County receives the second highest agreement. The question on storm water drainage changes places in the hierarchy with the question on maintenance of roads and highways. Nevertheless, the hierarchy representing the degree of agreement has remained remarkably similar over time. AG)Dn~TEM No. u- JUN 1 2 2001 Pg, ~ SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 4 The trash and garbage collection question received the highest agreement in the hierarchy: that trash and garbage collection in your neighborhood is as good as can reasonably be expected, 96 percent overall, up 4 percent from 1999. Second highest was agreement on the overall appearance of local neighborhoods and shopping areas with 95 percent expressing agreement. Residents again express high satisfaction, 89 percent, with separation and re- cycling of ~ the third highest in the hierarchy as it has been for the last three years. Overall, 88 percent of respondents agree that water pressure in their homes is adequate, the fourth highest in the Ilexisting conditions" hier- archy. Agreement concerning water drainage remained the same as last ear, 75 percent. Agreement that roads are well maintained had remained statis- tically simHar over a four year period: 81 percent in 1996, 83 percent in 1997, 82 percent in 1998, and 84 percent in 1999. However. in 2000. that agreement de:. creased significantly. t.Q n2. percent, down 15. points fmm las.t ~ This is the lowest expressed agreement, then, since 1992. In 2000, agreement that traffic signalization keeps cars moving fairly well is exactly the same as in 1999, 65 percent. The last in the hierarchy is a question concerning the quality of drink- ing water. In 1997, when it was first asked, 59 percent of voter respondents agreed that drinking- water quality was satisfactory and the same percent agreed in 1998. In 1999, agreement increased to 65 percent. But in 2000, that agree- ment is down to 58 percent, the lowest in four years. Table III-A demonstrates 2000 responses to existing-conditions questions arranged in an hierarchy of agree- ment: TABLE III-A RANK ACREE DISACREE NA/NO 1. Trash and garbage collection in your neighborhood 95.70% 2.73% 1.56% is as good as can reasonably by expected. - 2. The overal! appearance of the neighborhoods and 94.92% 3.90% 1.1 7% shopping "r-eas in Collier County is generally good. 3. Separation and recycling of trash seems to be working well. 89.06% 5.07% 5.85% 4. Water pressll"e in YCU' home is adequate. 88.28% 6.64% 5.07% 5. Generally speaking, the storm water drainage system works 75.00% 16.79% 8.20% well near near yOU' home. 6. Roads and highways are well maintained in Collier COlnty 69.14% 28.51 % 2.34% 7. When you drive through the County, traffic signals keep 65.44% 42.96% 2.34% the cars moving fairly well. 8. The quality of drinking water you receive from the Collier 57.81 % 25.56% 15.62% County Water Department or the City of Naples Water AGEN IT~M Department is satisfactory. No.-tO , - JUN 1 ~ 20b\ Pg, -& - ____.,,__._0>_.__..____..._,'._,__._,.__.". . --.--"".,.-.. - SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 5 Table Ill-B compares 2000 findings with six previous surveys. Where "'NA" is noted, the question had not been asked in that particular year. TAIILE ..-. 2000 1"' 1P98 1997 1 PH 1995 RANI( ACREE ACREE ACREE ACREE ACREE ACREE 1. Trash and ~age collection in 95.7011ll 92.27%[2] 94.07%[1] 94,15%[1 ) N/A N/A your neigh mood is as good as can reasonably be expected. 2. The overall appearance of 94.92% 9H8'11l[1] 93,28%(2) 93,81%[2] 92.43%[1) 93.85%[1] neighborhoods and shop- ping areas in Collier Cot.r'Ity is generally good, 3. Separation fIE recycling of 89,06% 89.70'1l1{3] 87.74%[3] 87.97% (3)86,51%[3] 86.34[3] trash seems to be working well, 4. Water presSl.Te in yOl.r home 88.28% 84.92%[4] 86.16%[4] 86.59'11l[ 4] N/A N/A is adequate, 5, The storm water drainage system 75.00Clb 75.00Clb[6) 64.82%[7) 68.72%[7] 57.23%(6) 75.76'11l(5) works well near your home. 6. Roads and hi!11ways are well 69.14% 84.19'111[5] 81.81%[5] 82.13%(5) 80.59'1&(4) 79.52[4] maintained in Collier Cot.r'Ity, 7. 'Nhen you drive ttY"ou!1' the 65.4-4% 65.44%[7] 67.98%[6] 69.07%[6] 69.~[5] 66.55%[6] County traffic Signals keep the cars rTlO\Iing fairly well. 8, The quality of drinking water 57.81% 65.4-4l1lt[8] 58.8 9'1&[8] 59,10%(8) N/A N/A you receive from the Collier COI.nly Water Department or The City of Naples Water Department is satisfactory. Bold indicates the hIghest percentage achieved dLring the 6-year period 1995-2000 With noted exceptions, the consistency of findings during the six-year peri- od demonstrated in Table III-B may provide users of these findings with confi- dence in the consistency of research methodology and sampling practice em- ployed since 1989. It is noteworthy that the total of 3,311 registered voters inter- viewed during the 12-year period 1989-2000 is an unduplicated count; of the 3,311 respondents i1]. the surveys conducted by Fraser & Mohlke since 1989 none have been interviewed more than once. Evaluation of Vehicle Use (Question 9a.-9b6.) When respondents were asked if the most important reason for daily travel is work-related, 28 percent agree, and 72 percent of the respondents disagree. When asked about main reasons for daily travel that are not work-related, the 256 respondents provided their main reasons. Overall, 98 percent traveled mainly to shop and run errands, the highest "'Yes" response in this group of questions. The second reason for travel was medical, to visit physicians, dentists, and therapists at 86 percent. Third is travel for church attendance, with a total of 74 percent responding "'Yes". AGENO~EM No._ rO, - JUN f 2 001 ~ c,., SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 6 Fourth is daily travel to visit family and friends, with 64 percent giving this -- reason. Fifth is daily travel to participate in community and neighborhood activi- ties, with 62 percent providing this reason Sixth is travel to pick up or drop off of children at school or transporting others, with 20 percent giving this reason. Table V below arranged in a hierarchy of responses from the one selected the most to the one selected least, provides the percentages answering Yes and No to these questions. The 2000 hierarchy is identical to the 1999 hierarchy. TABLE IV RANK YES NO 1. Shopping and errands. 98.43% 1.56% 2. Medical: DoctorlDentists/Therapists. 85.54% 14.45% 3. Ctl..Irch attendance. 74.21% 25.78% 4. Visit family and friends. 63.67% 36.32% 5. Participate in community and neighborhood 61.71% 38.38% activities. 6. Pick up or drop off others. 19.53% 80.46% NOTE: Those employed full-time are 20 percent of the respondents, and those errployed part-time are 12 percent of the 256 respondents, according to the survey's 2000 demographic data. Evaluation of the Means of Travel (Question tOa.-tOd.) Question 10 asked responders to state how they travel from place to place in Collier County and how frequently they use various travel methods, daily, week- ly, Occasionally, or~Never. The preponderance of responders use a privately- owned vehicle daily, 86 percent; in 1999 the response was 87 percent, represent- ing a statistically-similar result to the 88 percent finding in 1998. Another 9 per- cent say IWeekly" as compared to 5 percent in 1999; 2 percent say 'tOccasionally", and 2 percent say tiN ever" . Responders indicate that 10 percent are daily passengers in privately-owned vehicles owned by someone else; 12 percent are weekly passengers; 21 percent are occasional passengers, and 26 percent are never passengers. ~ As in 1999, no responders in 2000 hire a taxi cab daily; one person hires a cab weekly; 11 percent hire occasionally; and 88 percent never hire a cab or limousine, the same percent as in 1999. AGE. _~M No,_(OV - J I ,\ I ,J.} 2:;""1 vl'l y ",,J SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 7 Table VI below, arranged in an hierarchy, provides type of travel and fre- quency of travel: TABLE V RANK DAILY WEEKLY OCCASIONAllY NEVER 1. Drive a privately-owned car, 86.320;. 8.98% 2.34% 2.34% van or truck. 2. Walk or ride a bicycle. 40.23% 12.10% 21 .48% 26.17% 3. As a passenger in a privately- 8.59% 1 7.96% 53.1 2% 20.31% owned vehicle. 4. Use a 'for hire' cab or 0.00% 0.39% 11 .32% 88.28% limousine. Evaluadon of Mass Transit Use (Quesdon lla.-llf.)) Of the responders, 95 percent overall agree that mass transit is good for those who do not have access to a private car, van, or truck. Mass transit being good in respect to inadequate parking is agreed to by 85 percent overall. Those disagreeing are 7 percent. Voters express 84 percent agree- ment overall in response to the statement, mass transit is good for those who don't like to drive. Overall, 84 percent agree that mass transit avoids the stress of driving on congested roads. Agreement was expressed by 57 percent overall that mass transit costs less than driving. Those expressing disagreement are 10 percent, and 34 percent have no opinion. When asked if they would use mass transit if it were available in Collier County, 46 percent agreed, 30 percent disagreed, and 24 percent had no opinion. Evaluadon Of Existing County Services (Question 128o-12f.) During the last nine years, responders from all areas have indicated their high regard for the County's library services. In 2000, satisfaction is at the 88 percent level. Overall satisfaction with parks and recreation services is 82 per- cent in 2000 and the highest it has been in more than seven years. Emergency ambulance service records a 63-percent satisfaction level with more than one- in-three expressing no opinion Senior-citizen programs for retired per- sons received a 22-percent satisfaction level, with 3 percent dissatisfied and n percent having DQ opinion, indicating a general lack of knowledge of these pro- grams. Overall satisfaction with the County's Health Unit is just 18 percent, n percent express no. opinion, and just 6 percent are dissatisfied. AGENf,}~EM No.lOU - JUN A 2 2n~1 Pg '1 SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 8 Table VI-A records the responses of toward existing county services: -- TABLE VI-A RANK SA TlSRED DISSATISFIED NO OPINION 1. Library services. 87.5001e 3.51% 8.98% 2. Parks and recreational facilities. 82.42% 3.514% 14.06% 3. Emergency iI11buIance service. 63.28% 0.78% 35.93% 6. Senior-citizen programs for 22.26% 2.73% 75.00% retired persons. 5. Health care provided by the County's 18.35% 6.25% 75.39% Health Unit Table VI-B reveals the satisfaction level of responders to these general-purpose government services over the last six years. The ranking numbers following the percentage reflect the previous years' rank TABLE VI-B 2000 1999 1998 1"7 1P96 1995 RANK ACREE ACREE ACREE ACREE ACREE ACREE 1. Library services 17.50% 81.98%{1] 88.83%[1 ] 85.91%[1] 89,80%[1 ] 86.68% [1] 2. Parks & recreatimal facilities 82.424tb 79,41 %[2] 78.26%[2] 77.31 %[2] 78.61 %[3] 76.10% [3] 3, Emergency ambulance service, 63,28% 61.76%[3] 68.77l1&{3] 58,41%[3] 65.78%[4] 67.23% [4] 4. Senior-citizen programs for 22.26" 16,54%[6] NA NA NA NA retired persons. 5. Health care provided by the 1L3S% 19.85"[5] NA NA NA NA Cocslty's Health U'lit. NOTE: A question on depositing trash in the landfill was deleted in 2000; thus the 1999 number se- quence lacks a nurrber "4". Bold indicates the highest percentage achieved dlSing the 6.year period 1 995-2000 The following Table VI-C reports, primarily, the ranking of dissatisfaction in 2000. The reader should note the lack of knowledge of the act' Care Unit and senior-citizen programs. 1 . Emergency arrbulance service. 2. Senior-citizen programs. 3. Parks and recreational facilities. 4. Library services. 5. County Health Care Unit. TABLE VI-C DISSATISFIED 0.78% 2.73% 3.51% 3.51% 6.25% No.--tn\ i ' JUN 1 2 2001 ,'0 .SRl:u RANK ,<.-, 35.93% 75.00% 14.06% 8.98% 75.39% 63.28% 22.26% 82.42% 87.50% 18.35% "-_ -'II' SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 9 Table VI-D below demonstrates comparisons of survey findings since 1995 on the ranking of the level of dissatisfaction in each year with each category of service. TABLE VI-D 1000 1999 1991 19P7 19M 1995 RANK DlS'RED D1S'FIED DlS'RED DlS'RED DlS'RED DlS'RED 1. Emergen cy II'Tlbuf ance 0.78% 2.20%[1 ] 1.97%[1] 3.78%[1 ] 5.59%[3] 7.84% [3] leI'o'ice. 2, Senior~itizen progams for 2.73% 5.51 %[4] NA NA NA NA retired persons. 3. PMks and recreational 3.51% 4.04%[2] 9.88%[3] 8.93%[3] 9.53%[4] 10,23% [4] fac~ ities. 4. Library services. 3,51% 5.51%[3] 5.13%[2] 6.87%[2] 4.27%[2] 5.11% [1] 5. Health care provided by the 6.25% 8.08%[5J NA NA NA NA Coulty's Health lklit. Performance of the Sheriff's Office (Question 13a.-13c.) When asked about the overall performance of the Sheriff's Office, 72 percent of the respondents indicate they are satisfied, 20 percent had no opinion, and 8percent indicate dissatisfaction Voters also respond favorably when asked if they are satisfied with deputies' timely responses to calls for service, with 58 percent satisfied, 39 percent having no opinion, and a modest 4 percent dissat- isfied Residents are less satisfied with the number of deputies to provide ade- quate public-safety selVices to citizens, with 47 percent satisfied and 20 percent dissatisfied, and 33 percent expressed no opinion Satisfaction increased by 4 points from 1999 to 2000. RANK TABLE VII YES 1. Overall performance of Sheriff's Office. 2. Response time. 3. Enough deputies to provide adequate public-safety to citizens. 72.26% 57.81 % 46.87% DON'T KNOW 19.92% 38.67% 32.81 % NO 7.81% 3.51% 20.31 -;0 Question 13d. was open-ended and asked voters to explain the major law con- cerns in their neighborhoods. Of the 256 respondents, 149, or 58 percent, say they have no law enforcement problems or concerns in their neighborhoods. Of those 110, or 43 percent, who have concerns, 42 voters expressed concerns under the broad heading of "Traffic". Thirty-three mention speeding; of those 17 men- tion speeding in general; others mention speeding in particular areas such as Golden Gate Parkway, Immokalee Road, Davis Boulevard, "in gated communities", or "on our street". Twenty-five, or 10 percent, have concerns about break-ins, burglaries, and stealing. Drugs are a concern of 4 respondents. No~GEl p~M - JU~' 4:- 1'::;- 11 I" '"..._1 r~ , r SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 9 Table VI-D below demonstrates comparisons of survey findings since 1995 on the ranking of the level of dissatisfaction in each year with each category of service. TABLE VI-D 2000 1'" 1". 1997 1996 1995 IIANK D1S'AED DlS'FIED DIS'AED DlS'AED D1S'AED D1S'AED 1. Emergency ambulance 0.78'lb 2.20'lb[1 J 1.97'lb[1 J 3 .78'lb[1 J 5.59'lb[3J 7.84'lb [3J service. 2, Senior.citizen prog'ams for 2.73'lb 5.51'lb(4J NA NA NA NA retired persons. 3. Parks and recreational 3.51 'Ill 4.04'lb[2J 9.88'lb(3J 8.93'lb(3J 9.53'lb[4J 10.23'lb [4) facilities, 4. Library services. 3,51 'Ill 5.51'lb(3J 5.13'lb(2J 6.87'lb[2J 4,27'lb(2) 5." 'Ill (1) 5. Health care provided by the 6.25'lb 8.08'lb( 5) NA NA NA NA Cou"lty's Health Unit, Performance of the Sheriff's Office (Question 13a.-13c.) When asked about the overall performance of the Sheriff's Office, 72 percent of the respondents indicate they are satisfied, 20 percent had no opinion, and 8 percent indicate dissatisfaction. V oters also respond favorably when asked if they are satisfied with deputies' timely responses to calls for service, with 58 percent satisfied, 39 percent having no opinion, and a modest 4 percent dissat- isfied Residents are less satisfied with the number of deputies to provide ade- quate public-safety services to citizens, with 47 percent satisfied and 20 percent dissatisfied, and 33 percent expressed no opinion Satisfaction increased by 4 points from 1999 to 2000. RANK TABLE VII YES 1 . Overall performance of Sheriff's Office. 2. Response time. 3. Enough deputies to provide adequate public-safety to citizens. 72.26% 57.81 % 46.87% DON'T KNOW 19.92% 38.67% 32.81 % NO 7.81% 3.51% 20.310J0 Question 13d. was open-ended and asked voters to explain the major law con- cerns in their neighborhoods. Of the 256 respondents, 149, or 58 percent, say they have no law enforcement problems or concerns in their neighborhoods. Of those 110, or 43 percent, who have concerns, 42 voters expressed concerns under the broad heading of "Traffic". Thirty-three mention speeding; of those 17 men- tion speeding in general; others mention speeding in particular areas such as .,- Golden Gate Parkway, Immokalee Road, Davis Boulevard, "in gated communities", or lion our street". Twenty-five, or 10 percent, have concerns burglaries, and stealing. Drugs are a concern of 4 respondents. SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 10 Community Health Concerns [Questions 14a.-14c.] The three questions include availability of affordable health insurance, health care availability to the poor and medically indigent, and access to health care for the average person in Collier County. Voters overall seem satisfied with county health care as evidenced by their responses to the three questions. In re- sponse to the statement concerning availability of affordable health insur- ance, 41 percent believe it a major problem, and 16 percent believe it a minor problem. However, 43 percent believe this is no problem. Of the total, 30 percent believe health care services to the poor and medically indigent is a major problem, 18 percent believe it is a minor one, and 53 percent say it is not a prob- lem. Twelve [12] percent believe that access to health care services for the average person is a major problem; another 21 percent believe it is a minor problem; however, 66 percent believe it is not a problem. Table VIII, below, demonstrates the rankings. TABLE VIII RANK MAJOR MINOR NO PROBLEM 1. Availability of affordable health. 41.40% 16.01 % 42.57% insurance coverage. 2. Health care service available to the poor 29.68% 17.57% 52.73% and medically indigent. 3. Access to health care services in Collier 12.10% 21.48% 66.400/0 County for the average person. Planning for the Future Needs of County Residents (Ques. 18a.-18c.) In regard to opinions concerning the efficiency and effectiveness of ftlnning local government responders agreement fell dramatically to a six- year low of 38 percent with 37 percent disagreeing, and 25 expressing no opinion. First in this hierarchy of agreement, as last year, is the question regarding the County saving more land from future development to preserve the natural environment. Of the total of 256 respondents, 89 percent agree, up two percent from last year. A mere 6 percent disagree and 5 percent have no opin- ion. That Collier County should provide financial support to agencies that provide health-care and mental-health services has a 54 percent agree- ment overall with 21 percent disagreeing and 25 percent having no opinion Table IX-A, arranged in an hierarchy of agreement reveals the levels of agreement, disagreement, and no opinion to matters related to planning for the needs of fu- ture residents inquired about in the 2000 survey: AGENr~f::M No. ( D t-). - JUN 1 2 2':::1 I~ SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 11 TABLE IX-A - RANK ACREE DISAGREE NA;NO 1. Collier COI.nty should be saving more land from future 88.670/0 5.850/0 5.460/0 development in order to preserve the envirorrnent. 2. Collier County should provide financial support to 54.290/0 20.700/0 25.000/0 agencies that provide health-care and mental-health services, assistance to victims of domestic violence and other social services. 3. Generally speaking, our County does an efficient and cost-effective job of running its local government. 38.280/0 36.710,4 25.000/0 Table IX-B below demonstrates the level of agreement in the six years since 1995. Where "NA" is noted, the reported question was not asked in those years. A number shown in parentheses for years previous to 2000 demonstrates the rela- tive ranking of agreement for that question. TABLE IX-B RANK 2000 AC:;REE '9" AC:;REE '998 AC:;REE '997 AC:;REE '99' AC:;REE '995 AC:;REE 1. Collier COlJ'lty should be saving more land from future development in order to preserve our natural environment. 86.67% 86.76% [1] 86.16% [1] NA NA NA 2. Collier COU"lty should provide financial support to agencies that provide health-care and mental-health services, assistance to victims of domestic violence violence, and other social services. 54.29% 61.76% [2]NA NA NA NA 3. Generally speaking, our COlI'lty does an efficient and cost-effective job of nnning its local govemment. ~ 38.28% 57.35% [3] 62.05% [4] 57.38% [4] 53.28% [6] 55.29% [6] Affordable Housing (Question 19a.) When asked if the citizens of Collier County should have more affordable housing or low-cost housing available to choose from, 2000 marks a four-year high in agreement overall, 67 percent overall agree and 33 percent disagree. (Question 19a.-19bl.) In all, 49 percent overall say they had tuned in to Channel 54; 51 percent say they had not. When 126 who watch were asked if they are aware that the Chan- nel 54 program schedule is posted on Collier County's WEB site, 28 percent say they are aware of the posting, and 72 percent say are are not awa. AGI=....OA..!,TEM N010U_j . . . u p:~~l~ 2001 SUMMARY OF THIRTEENTH ANNUAL TELEPHONE SURVEY OF REGISTERED VOTERS Page 13 Identification of the Voter's County Comm..issioner (Question 20.) When asked to identify their County Commissioners, 153 respondents or 60 percent, do not know. Of each district: 25, or 51 percent, residing in District I do not know; 3B, or 76 percent, residing in District 2 do not know; IS, or 27 per- cent, residing in District 3 do not knoW; 44, or BB percent, residing in District 4 do not knoW; and 27, or 53 percent, residing in District 5 do not know their County Commissioner. The following table demonstrates responses. TABLE X DISTRICT TOTAL CORRECT DON'T KNOW 1 49 24 25 2 50 12 38 3 56 41 15 4 50 6 44 5 51 24 27 Projects or Services That Most Need Improvement (Question 21.) Responders were asked to identify and comment on one or two projects or services that they believe most need improvement in Collier County. Of the 256 respondents, 65 voters, or 25 percent, provide no comments on the first opportu- nity for volunteered comments, and 162 voters, or 63 percent, provided no sec- ond comment. In all, 227 comments were made. Of the 227 who commented, 107, or 47 percent, were those concerning road- and traffic-related matters. Thirty-five comments, or 15 percent, mention the need to control or manage growth in the 2000 survey. Twenty- one respondents, or 9 percent, commented on local-government problems. In 2000, 11 comments, or 5 percent, are about health concerns. Ten, or 4 per- cent, were comments regarding public transportadon. Nine, or 4 percent, commented on crime and safety concerns. Five comments are made regarding schools, five mentioned the need for af- fordable housing, and five commented in regard to potable water con- cerns. Another 5 were comments concerning golf courses, and an additional five persons mentioned park problems and the need for more parks in 2000. Four comments concerned the public library. Another four comments were in regard to the beaches. Three comments were on the need for a second bridge over the Gordon River. Two comments each are made concerning: the need for senior programs; animal control; preserving the environment; and how tourist tax funds are spent. AGEplQf.P.tEM , NO..-J/IO _ _ l , JUN ~, , EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 01-3201, PUMP & MOTOR REPAIR FOR COUNTY-WIDE MAINTENANCE OF EQUIPMENT OBJECTIVE: To award Bid No. 01-3201 for Pump & Motor Repair for maintenance of such equipment on a County-wide basis. CONSIDERATIONS: Several departments within the Public Utilities Division utilize pumps and motors of various sizes and horse power in their daily operations, which require the services of an outside vendor for repairs. Minor pump repairs are performed in the field by the various departments, However, the majority of departments are not equipped or trained to perform major repairs or total rebuilds and, therefore, require the services of an outside vendor. Bid #01-3201 was posted on January 23,2001. One hundred two (102) inquiries were sent to vendors, Seven (7) bids were received, The bid was originally posted for award on April 10, 2001; however a protest was received from Horvath Electric Motors, Inc. A copy of the protest and the Purchasing Director's decision are attached hereto, .-. In accordance with the Director's protest decision, Staff recommends award of Bid No, 01- 3201 to Naples Armature Works, as Primary, and Horvath Electric Motors Inc" as Secondary, the lowest qualified and responsive bidders, that the irregularity associated with the receipt of the bid be deemed minor, and that the bid was duly received, FISCAL IMPACT: These services will be used by several different departments. Each user department has budgeted funds for pump and motor repair, GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this decision, RECOMMENDATION: That the Board award Bid No, 01-3201 for Pump & Motor Repair to Naples Armature Works, as Primary, and Horvath Electric Motors Inc., as Secondary and waive the minor irregularity in receipt of the bid. REVIEWED BY: Date: s.,1~/Ci) , ~ " SUBMITTED BY: ,..-. REVIEWED BY: Date: /' I D D ( Jo-Anne Leamer, Support Services Administrator AGE I No. I 0-. ~ JUN ': 2~Ct Pg. I ""1 . · = - ~ .s= .s= - .;l E = ~ ..: c=J) ~ - u ~ C' --- .. .- = Q., ~ ~ .. = - = ~ ~;... Q., N s:::: E~~ =...- ~iS .... Qj /........~ ..... te o ~ a ~ o ... 2 ..... ..... te u_ .g, ::l C').g t:..;.E-< CIl 4) ~ ~ U te j:l., -i::l ~ u . .. c..= Ei ~ . e ~ .. < C,l 'C .... C,l III WI &1 ; ;:= E::; e = ... = = N - f""l N - ... C,l 'C .... C,l '" III .. &1.s .. = ~~ . ::; Qj ..... te o .5 ..... CIl o j:l., III "C '" Ci3 c.. Ei 'lil = ~~ e Q = ~ N .. 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C ~ tU c... ~ E 8 c... ~ tU Q o M ..... 11) z a:l E 11) E-< CI':l 1::: CI:l c... J \Gt: l\J' IT pM No 'r; ~_ J J N 1 2001 Pg, :'-"5. ~ z N ..... o c( ~~ ~- ~ ~ ~ ~~ 'Ill: (~r ""'-lIi~ I.J[) c-_~ L- 1:: .J :~ "0 o o ~ .5 ~ :c o :E a:l 'C ...= U ~r~ T.1 J ~A~'( 20 1 Pg ~ " i..: ~ :3 a:l CI':l ~ c ~ ~~ - 'V'-~t~.'.~".~.._....... ... ~;_. -....:: ~.' !' COLLIER COUNTY GOVERNMENT ~ May 10, 2001 GENERAL SERVICES BLIXJ. 3301 E. TAMIAMI TRAil.. NAPLES, FLORIDA 34112 (941) 774-8425 FAX: (941) 732-0844 SUPPORT SERVICES DMSION PURCHASING DEPARTMENT Mr. Joseph Horvath Horvath Electric Motors, Inc. 3455 West View Drive Naples, FI. 34104 Re: Protest Decision, Bid 01.3201, "Pump and Motor Repair" Dear Mr. Horvath: This office has reviewed your formal protest of the award recommendation for the aforementioned bid invitation. The protest contends that the bid offer from Naples Armature should not be considered for award for the following reasons: 1. That the referenced bid was not submitted in accordance with the requirements of the formal bid invitation, which required all offers be submitted prior to 2:30 pm on February 22, 2001. 2. The County has refused on at least three separate occasions to accept bid offers submitted after the published deadline. With regard to the first issue, the following is a brief chronology of the events surrounding the February 22nd bid opening and subsequent events. o Prior to the 2:30 pm deadline, representatives from three firms (AAA Generator, Naples Aramature and Horvath Electric Motors) were escorted into the Purchasing Department's Conf~rence Room where the bid opening was scheduled to take place_. o Shortly after 2:30 pm, the Purchasing Agent announced to the group that the deadline for bids to be submitted had passed and that she had received six bids. o The Purchasing Agent commenced reading each of the bid offers. ""-', o Prior to reading the last bid offer, a representative from Naples Armature handed an unsealed envelope to the Purchasing Agent. Before proceeding further, the agent inquired with the director who asked her if there was any indication or evidence of impropriety with the Naples Armature bid offer. The Agent indicated no. The director also asked if any of the other bidders had alleged any improprieties. The agent indicated no. The Director and the Agent then agreed to accept and tabulate the bid offer. o The Purchasing Agent, after inquiring with the director, accepted and opened th in front of those attending the bid opening. A No. JUN 1 2 2001 Pg. f D Subsequent to the bid opening, Purchasing staff has spoke or met with Mr. John Dickerson, representing Horvath Electric Motors on at least three occasions to discuss the bid opening and the staff's decision to accept the bid from Naples Armature. D In these discussions, Mr, Dickerson has argued that Collier County does not have the discretion to accept Naples Armature's bid offer based on a narrow reading of the language in the Bid Invitation, irrespective of the actual events of the bid opening as summarized previously. D Prior to the staff recommendation being issued, Mr. Dickerson was advised that his firm could file a formal protest of the award recommendation. He was further advised that if his firm did indeed file a protest and had any specific case or statutory law in support of its position, to please furnish this in the protest. No specific citations were included in the protest. After receiving the formal protest, this office conferred with the Office of the County Attorney regarding this matter. it was noted that there is a case on record, Hewitt Contracting Company, Inc. v. Melbourne Regional Airport Authority (5th District Court of Appeals, 528 S 2d 122: 1988) that affirmed that local governments have such discretion in handling irregularities pertaining to the receipt of bid offers. It is the opinion of the County Attorney that the Purchasing Department and ultimately, the Board of County Commissioners has the discretion in this instance to accept the bid offer from Naples Armature. With regard to the second issue raised in the protest, the protestor provides no specific dates, times that these events allegedly occurred. Therefore, it is not possible to address the particulars of each situation or to examine the Purchasing Department's actions regarding each. Further, the events of February 22nd were in the experience of this office unusual in that the offeror of the bid in question was in attendance prior to and through out the entire bid opening, but failed to physically submit their bid until after the opening had commenced. Therefore, it is the deci~ion of this office to reject the project and to proceed with award_ of Bid 01-3201 as previously recommended (i.e.; Naples Armature as primary, Horvath Electric Motors as secondary). Accordingly, this item has been scheduled for the May 22, 2001 agenda. Per Section XVIIII.F of the County's purchasing policy, this decision shall be considered final and conclusive unless the protesting party files a formal objection to the decision with the Purchasing Director within two business days of receipt of this decision. Sin~erely, " _. ~. ~ 'lh ,. ,~ /!u~-P ~ -:.- ~ U / ~~ Steve Carnell, . Purchasing/General Services Director [J N:GE~: rO~lA. JUN 1 2 2001 p~ .s Gfi~ :lr.vf MAY 2001 Pg. .- FORMAL PROTEST OF PROPOSAL AWARD IN THE COUNTY OF COLLIER, STATE OF FLORIDA Collier County Purchasing Department Purchasing Director, Steve Carnell, CSM 3301 East Tamiami Trail Support Services Division Services Building Naples, Florida 34112 County Agency Bid # 01-3201 Pump and Motor Repair v. Horvath Electric Motors Inc Joseph Horvath 3455 West View Drive Naples, Florida 3410 1 Protesting Party FORMAL PROTEST OF PROPOSAL AWARD Joseph Horvath, (hereinafter referred to as Protesting Party), by and through undersigned counsel, files this Formal Protest of Proposal Award with the Purchasing Director for the Collier County Purchasing Department (hereinafter referred to as County Agency), for Bid # 01-3201 "Pump and Motor Repair" within a timely basis. The reasons for the Protest are supported in the Memorandum attached hereto. Respectfully Submitted, ~~4 Brian E. Dickerson, Esq. Attorney for Protesting Party FL. BarNo. 0106615 250 Civic Center Drive Columbus, OH. 43215 (614) 860.0138 ~....- AG IIT~. ,) No,_ D.(p JUN 1 2 2001 A~-7t J.r~ MAY 2001 Pg. Pg. Collier County Government (County Agency) Joseph Horvath (Protesting Pany) Bid # 01-3201 Pump and Motor Repair MEMORANDUM IN SUPPORT Protesting Party submits to the Purchasing Director of the County Agency the undisputed facts, disputed facts and disputed issues, as well as the additional requirements required by XVIII (D) of the Collier County purchasing policy for filing a Formal Dispute. This Formal Dispute concerns the recommendation and or award by County Agency to Naples Annatures as the Primary Vendor for Bid # 01-3201 and Horvath Electric Motors Inc. as the Secondary Vendor. UNDISPUTED FACTS (concise statement of ultimate facts) The undisputed facts related to the aforementioned award are as follows and are based upon witnesses who if needed can provide affidavits and are willing to testify at any hearing before an independent Hearing Examiner. On January 24,2001, a Formal Invitation to Bid was published and or announced by County Agency for Bid #01-3201, for which, Fonnal Bids would be received no later than 2:30 p.m. on February 22, 2001. (See Attached Exhibit A). Additionally, a PUBLIC NOTICE was issued regarding the acceptance of bids for Bid #01-3201 "Pump & Motor Repair", which specifically stated that sealed proposals for the bid would be received ''until 2:30 p.m., Collier County Time on February 22, 2001." (See Attached Exhibit B). Further, the Invitation to Bid, permitted and advised anyone with "...any procedural questions, you may contact Ms Lyn Wood, Public Utilities Purchasing Agent at 941-732-2667..." (Exhibit A). On February 22, 2001, at 2:28 p.m., Lyn Wood arrived and invited everyone in the hallway ofthe Purchasing entrance to enter into the Conference Room. By 2:30 p.rn., all parties were in the Conference Room, which included Lyn Wood, Chris Mobley, John Dickerson, representatives from AAA Generator and two women from Naples Armature. Lyn announced that it was 2:30 p.rn., however, she would wait a few minutes to ensure all clocks were on the same time for any last minute bids. At 2:32 p.m., Lyn Woods announced the deadline fur accepting bids and informed the audience that she had six envelopes. At which time, she read off the envelopes, stating whom the accepted bidders were. Naples Armature was not one of the six bids read, and amazingly the two representatives from Naples Armature did not bring this to Lyn Wood's attention. Subsequently, Lyn Wood with Chris Mobley as witness, opened the bids. Just prior to Lyn Wood reading off the now unsealed bids, Chris Mobley provided everyone within the audience a table sheet to keep track of the bids. After everyone was provided a table sheet, Lyn Wood read the bids to the audience. Once all of the six bids were made public, thirteen minutes past the posted time deadline for acceptance of bids, the representatives from Naples Armature stated that they have a bid they want to submit. Lyn Wood asked whom the bid was for and the women stated Naples Armature. Lynn Wood recognizing the obvious defect in the untimely and deceitfully submitted bid stated she could not accept the bid. One of the Naples Annature representatives protested, at which time Lyn Wood spoke with a supervisor, whom withou erin to the bid AGENDA~M No. ;0 -f_ V' JUN 1 2 2001 Pg, 1 acceptance requirements, required Lyn Wood to accept the bid. When it was announced that Lyn Wood would be accepting the Naples Armature bid, a verbal complaint by one of the bidders in attendance was asserted, informing Lyn Wood that acceptance of the bid would be in violation of the County Agency's own rules. I The Naples Armature bid, which was offered after the time deadline and after all of the sealed bids had been publicly disclosed, was still received and accepted by the County Agency. Thereafter, on March 26,2001, the Purchasing Director, Steve Carnell who reviewed the bids executed the Executive Summary (See Attached Exhibit C) recommending the untimely and maliciously submitted Naples Armature bid as the Primary Provider. DISPUTED FACTS AND ISSUES The disputed facts and issues are quit obvious. The Protesting Party asserts the bid submitted by Naples Armature was and is not a valid bid as accepted by the County Agency. Pursuant to the noncompliance of the Naples Armature bid, the County Agency did not have any authority to accept or even review the bid and therefore, any recommendation or acceptance of the bid is contrary to the County Agency's own General Bidding Requirements, and the case law and statues of the State of Florida, which define the County Agency's actions as arbitrary and capricious. Further, the County Agency's arbitrary and capricious actions in accepting the bid in addition to the recommendation of the bid, cause the County Agency to be liable for any damages caused to the parties who placed a bid within compliance of the County Agency's General Bidding Requirements. ARGUMENT (application of law to concise facts) The General Bidding Requirements published by the Board of County Commissioners of Collier County that are relevant in the case at hand are the following: (See attached Exhibit D) Section 6. The County reserves the right to formally amend and/or clarify the requirements of the bid specifications where it deems necessary. Any such addendum/clarification shall be in writing and shall be distributed to all parties who received the original bid specification and are eligible for consideration prior to the deadline for submission of proposals. Section 6. requires the County Agency to provide any addendum or clarification in the bidding process to eligible bidders prior to deadline of submission. Therefore, even if the County Agency for argument sake were able to change the deadline and the sealed envelope request for the acceptance of bid in Bid #01-3201, the County Agency would have had to of provided notice to all eligible bidders of this change before 2:30 p.rn. on February 22,2001. As the County Agency is well aware, there were never any change in the bidding requirements before the deadline for submission of bids as required in Section 6., and therefore, the County Agency did not have any legal authority to accept the late bid of Naples Armature, submitted after the sealed bids were announced. Section 7. The County reserves the right to reject any and all bids, to waive defects in the form of bid, also I The bidder who protested to Lyn Wood of the acceptance of the bid, read the specific rules for acceptance of the bid as posted by the County Agency to the entire audience. This provided the County Agency with additional knowledge that its actions of accepting the untimely Naples Armature bid was in violation ' own General Bidding Requirements. A GE A 'rzl=; A No._ {O . _ 'OJ JUN 1 2 2001 Pg, g Pg. to select the bid that best meets the requirements of the County. Section 8. All bids shall be in the hands of the County Purchasing Director, Collier County Government Complex, General Services Building, Naples, FL., 34112, by the date and time as stated in the Legal Notice. No late bids can or will be acceTJted Applying General Bidding Requirements Section 7. and 8., to the facts at hand, the County Agency again had no legal authority to accept the Naples Armature bid and any action in doing so was arbitrary and capricious. Section 7. permits the County Agency to waive any defects in the form of the bid, however, timeliness does not relate to form. Additionally, Section 8. specifically states that No late bids CAN or WILL be accepted, which further demonstrates the County Agency's inability to accept a bid filed in an untimely manner. The language within Section 8., also clarifies that the authors of the General Bidding Requirements did not include timeliness within their definition of Form, since it was specifically addressed in Section 8., whereby the authors expressly prolnbited the acceptance of late bids. Furthermore, any waiver of defect in form would of course be after the bid was timely filed, which did not occur in this matter. To further support Protesting Party's protest, the same County Agency, which has permitted the untimely Naples Armature bid, has refused at least three separate bids within the last six months for the submission of the bids past the requisite time deadline. This County Agency refused to accept a bid that was submitted two minutes past the deadline, because the bidder was caught in unforeseen traffic due to an accident. The County Agency also refused to accept a bid that was less than five minutes late, again due to no fault of the bidder. In both cases the County Agency asserted that due to Section 8. of the General Bidding Requirements the County Agency.was unable to accept the bids, since it is mandated that the County cannot accept a late bid. Additionally, none of the three refused bids, involved any egregious conduct such as listening to the public dissemination of the sealed bids before the attempted submission. Conversely, the County Agency believes in the case at hand, that the County Agency can divest itself of its own Requirements and precedent and accept the untimely and malicious Naples Armature bid. Protesting Party asserts that if the County Agency does not disqualifY the Naples Armature bid, that not only will this matter be reversible either in hearing, before commission or within the court system, but it will harm the entire integrity of the Collier County bid submission process, due to the apparent prejudicial preference exhibited in this case thus far. Without arguing the obvious, such as the Naples Armature bid failing to have the date and time stamped by the County Purchasing Director and the failure ofthe envelope to be sealed and or presented after the other bids were publicly disclosed, the County Agency should realize by the aforementioned facts and arguments that it was lacking any authorization to accept and or approve the Naples Armature bid. CONCLUSION AND DEMAND FOR RELEIF The Protesting Party has presented the undisputed facts and analysis, which clearly demonstrate that the County Agency did not have the authority or precedent to accept the untimely Naples Armature bid or to further consider it for recommendation. Wherefore, to avoid the injustice of the untimely and egre . . .. Na les AGE A No. Pg. _. Armature and the arbitrary and capricious acceptance by the County Agency, the Protesting Party demands that the Naples Armature bid be disqualified and that the Horvath Electrical Motors bid be recommended as Primary Provider. Consequently, if the County Agency was to uphold the validation of the Naples Armature bid acceptance and recommendation, the County Agency would be procuring turmoil and chaos for all future bid proposals, as all future bidders could utilize the Naples Armature bid acceptance by this County Agency as precedent for there own deceitful, egregious and untimely bid submission. Respectfully Submitted, Brian E. Dickerson, Esq. Attorney for Protesting Party FL. Bar No. 0106615 250 Civic Center Drive Columbus, OH. 43215 (614) 860.0138 CERTIFICATE OF SERVICE This Formal Protest of Proposal Award was hand delivered on Monday, April 16, 2001, to the Collier County Government Purchasing Department, 3301 East Tamiami Trail, Naples, Florida, 34112. ~~~- naIl . IC erson, sq. N AGENDA '~M", 0'_/0 . - - JUN 1 2 2001 Pg, (0 Pg. 001-121710 Purcnasing Departmeilt Board of County Commissioners Collier County Government Center Naples, Florida 34112 RFP/BtD REQUEST (f) "- .-:-",,~ ~!~ ~ .~~ ~ ~ ~ ltI C -/ '. ( / \r.I t" ~ 5 I N '";i N o ~ N AGF b ITC:u 0,_. JOS.. ! J"'d ~. F'g, =-- ~ ~ J~ 1 " /--;,;-: '" /"' . . ~ f c": <.~ \ ~ ~ L- I' . . t . '" " . . f \. . / .....~../" 28537 Horvath Electric Motors. Inc. 3455 Westview Drive Naples, FL 34104 ......-:.-.;., :.~~,. (~ ;'. . ,'" ~" ",-,'_... . i l ~ V'.} / :...~:.......i.~ ~'\ ~,."\ ~.: T .::--.. ~'-" ".~ \,;,\i, . . 1 \ . ; \ ; , ~ I, ! ~ . \-: "!l i",\",\i\\. "\,,UI<i\i,,\,,;k i ,\. " o (It - S' ce C I>> ii' (.. I>> ~ C I>> -< N .w N o o ..... Illc.o,tIl- -e:ca-O..... r=~tT(o'< ::I g.!!t '< !2. 0 ~ (It o' III ~ c o",o:::I~Ill::r o c.(// tO~lIl d,<Jt,.g~ ::ro.....(// oelc~olll - _. ..........:::1 ;;r c5 3 <f 5' '< .... III N--' o)>'<o~3 :<calo~5.3 ::I :::I O. ~ CD ~-:::I a.9- . 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"'T1~(1) r-iil~ ~~ ~. .-ala. ~~. ~ - 0 C~:T :::I (// ~ ~CIl NC:O wlO g; O' ~ "Owo 3~= . ......;:r o Ib ~rn"'O .,,~~ (D III (") ~3~ ~ 0)' !!? -< ~.~ ~ = c s .6 = z ..._c: ""'o:=:: :!:'ltC:C oCtrJ Q~:z:I ., ~ ~ ~=~ ; I~ 2 <: ::j > ~ - o 2 ~ o :::c = o ~ .,t, . j., 'I- e",.." Vi .J:1 I ....JO"'" s' '--- vq-l ,- COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT T AMIAMJ TRAIL SUPPORT SERVICES DIVISION SERVICES BUILDING 3301 EAST GENERAL NAPLES, FLORIDA 34112 (941) 774-8425 FAX (941) 732- 0844 hftp:llco.collicr.n,us DATE: TO: FROM: January 23, 2001 Prospective Bidders Lyn M. Wood, C.P.M. Public Utilities Purchasing Agent RE: BID #01-3201-- "Pump & Motor Repair" The Board of County Commissioners, Public Utilities Division, desires to receive proposals for the above-referenced services. If you have any immediate questions regarding the specifications or intended work, you may contact Pam Libby, Water Department at 941/775-2007. If you have procedural questions, you may contact me at 941/732-2667 or bye-mail at L yn W ood@colliergov.net. We look forward to your participation in this bid process. cc: Pam Libby, Supervisor - NOTE: If you choose to bid, please submit an ORIGINAL and ONE COpy of your proposal pages. NON-BIDDER'S RESPONSE BID #01-3201 For purposes of maintaining an accurate bidder's list and facilitating your firm's response to our invitation for bid, weare interested in ascertaining reasons for prospective bidder's failure to respond to invitations for bids. AGEN A~~ No._ P t;; - JUN 1 2 2001 Pg I~ ~ ? 2001 k Pg, ,...-: .1' l . ,: .-;- t: ;l ;'1, iJ. I ,'\ ~ 1'1 ..:;..- D~ oFf= lo:5ul.:tM (o-H.. 'Oz."S' J If your firm is not responding to this bid. please indicate the reason(s) by checking an appropriate item (s) listed be/ow and return this form to the Purchasing Department, Collier County Government Center, 3301 East Tamiami Trail, General Services Building, Naples, FL 34112. Please indicate "NO BID" on the outside of the envelope We are not responding to this invitation for bid for the following reason(s): Items or materials requested not manufactured by us or not available to our company; Our items or materials do not meet specifications; Circle one - Specifications were: Not clearly understood, Not applicable, Too vague, Too rigid, Quantities too small, or Incorrect address used. Please correct Other reason(s): Name of Firm: Mailing Address City, State. ZIP Phone ( FAX ( By: Signature of Representative PUBLIC NOTICE Sealed proposals for pump and motor repair will be received at the Collier County PurchaSing Director's Office. 3301 East Tamiami Trail, Purchasing Building, Naples, FL 34112, until 2:30 p,m,. Collier C~ Time on February 22,2001. BID #01-3201 "Pump & Motor Repair" Any Questions regarding these specifications or intended work may be directed to Pam Libby, Water Departm~ 941/775-2007. AGE~D~ 1'lEM. No. ( ,.. '" JUN 1 2 2001 Pg. 1..3 J . i 1"--r' .f: 'I /). V'J I ;.0- r? o EXECUTIVE SUMMARY ,- RECOMMENDATION TO AWARD BID NO. 01-3201, PUMP & MOTOR REPAIR FOR COUNTY-WIDE MAINTENANCE OF EQUIPMENT OBJECTIVE: To award Bid No. 01-3201 for Pump & Motor Repair for maintenance of such equipment on a County-wide basis. CONSIDERA TIONS: Several departments within the Public Utilities Division utilize pumps and motors of various sizes and horse power in their daily operations, which require the services of an outside vendor for repairs. Minor pump repairs are performed in the field by the various departments. However, the majority of departments are not equipped or trained to perform major repairs or total rebuilds and, therefore, require the services of an outside vendor. Bid #01-3201 was posted on January 23, 2001, One hundred two (102) inquiries were sent to vendors. Seven (7) bids were received. Staff has reviewed the bids and recommends award of Bid No. 01-3201 to Naples Armature Works, as Pr:rnary, and Horvath Electric Motors Inc., as Secondary, the lowest qualified and responsive bieders. FISCAL IMPACT: These services will be used by several different departments. Each user department has budgeted funds for pump and motor repair. GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this decision. RECOMMENDATION: - That the Board award Bid No. 01-3201 for Pump & Motor Repair to Naples Armature Works. as Primary, and Horvath Electric Motors Inc., as Secondary. SUBMITTED BY: Date: 3/-Q{,) /J I ( I , 3/26/~1 REVIEWED BY: Date: ~. REVIEWED BY: Date: Jo-Anne Leamer, Support Services Administrator AGE Aru.. No, 70 -- . ...- JUN 1 2 2001 I IE Xhrh;j (~ Pg. All bids shall be m.ade upon the Offi~jal P~oposal Form attached to the specifications, which may be seen at the Office of the Purchasing Director, and which may be had by bona fide bidders Collier County does not discriminate based on age, race, color, sex, religIon, national ongin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: /s/ STEVE CARNELL Steve Carnell, CSM Purchasing Director Publicly posted in the lobby of the Purchasing Building on January 23, 2001. GENERAL BIDDING REQUIREMENTS 1 All bids must be made on the proposal form furntshed by the County. No bid will be considered unless the proposal form 1$ properly siQned. 2 Vendors must provIde un;l orices any time unit prices are requesled in the units relluested These unit prices muSl be proper and balanced so as to allow fair adjustments in quanti\les as required by lhe County. All prices will remain finn for a period of ninety (90) days from date of bid opening. J. Any transportation and/or any other charges incurred in delivering the product as specified mUSI be Included to the bid pnce FOB destination shall apply unless exception is made In the specifications. 4 Any discounts or tenns must be shown on the proposal fonn Such discounts, if any. will be considered and computed in the tabulation of the bids In no instance should tenns for less than 15 days payment be offered. Proposers taking exceplion to any pan or section oflhese specifications shall indicate such exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS". Failure to indicate any exceptions shall be interpreted as the proposers tOtenJ 10 fully comply with the specifications as wnnen. 61-. The County reserves the nght to fonnally amend and/or clarifY the requirements of the bId specifications where il deems necessary. Any such addendum/clarification shall be in writing and shall be disLIibuted to all panies who received the onglnal bid specifications and are eligible for consideration Drlor to the deadline for submission of Droposals. 7 f.. The County reserves the right to reject any and all bids. to waive defects in the fonn of bId. also to seleCI the bid thai best meelS the requirements of the County 8"" All bids shall be in the hands of the Counly Purchasing Direction, CollIer County Government Complex. General ServIces Buildmg, Naples. FL 34 J 12. by the date and time as staled in the Legal Notice No late bids can or will be accepled .r,A 9 f.. All bids must be placed in a ,nled envelope, and plamly marked as follows: 1''' i-{ I) The date and time ofreceipl of the bids by Ihe County Purchasing Director. .>r~ (2) The number of the bid and [he bid title for which the bidder submining the bid. However, under no circumstances shall any part of. or penaining directly to the bidder's offer, be exposed on (he oulslde of l bid offer. 10. Collier County, Florida as a political subdivision of the State of Florida, is x mp eE ~ of flonaa sal s tax to its vendors under Chapter 212, Florida Statutes. All successful bi ersrfrJ,!:!:.2,,A,Itrr(t^_-.::..,of r County's Certificate of Exemption (#21-07-Q1995-53C) upon contract aw rd. . Il/....l.fi JUN 1 2 2UUl Special Note: All bids sent by courier service must have the bid number and title on the outside of the couner packet. Pg. /~ I L.....,..- .1= X i)i v., I D 1""._'''' EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE SETTLEMENT OF BOARD OF COUNTY COMMISSIONERS FOR COLUER COUNTY V. BOYLE ENGINEERING CORPORATION, CASE NO. 9S-4456-CA, NOW PENDING IN THE CIRCUIT COURT FOR COLLIER COUNTY, FLORIDA FOR $900,000.00 OBJECTIVE: That the Board of County Commissioners approve settlement of Board of County Commissioners for Collier County v. Boyle Engineering Corporation, Case No. 98-4456-CA, now pending in the Circuit Court for Collier County, Florida for $900,000.00 CONSIDERA TIONS: In June 1990, Collier County hired Boyle Engineering Corporation ("Boyle") to perform a variety of services in connection with the planning, design, construction and start-up of the County's North County Regional Water Treatment Plant. The project was put out to bid in 1991 and a construction contract was entered into with Great Monument Construction Company ("Great Monument"). Great Monument later sued the County claiming that work was delayed as a result of changes to the design and also because that work had not been properly administered. The County was ultimately forced to pay Great Monument an additional $2.1 million dollars to settle that litigation. It is the County's position that its exposure to Great Monument was in part caused by Boyle's failure to properly design and administer the North County Regional Water Treatment Plant project. In addition, the County has incurred expenses at the Water Treatment Plant to correct what it contends are Boyle's design deficiencies. After a number of attempts at negotiation, the County sued Boyle in 1998. Following arbitration and mediation, Boyle has now agreed to settle the County's claims for $900,000,00. The County's claims against Boyle have been prosecuted by its outside construction counsel Michael Nuechterlein of the law firm of Carlton, ,,-- Fields, Ward, Emmanuel, Smith & Cutler. It is estimated that an additional $300,000.00 will need to be expended if the County's claims against Boyle are taken to trial. FISCAL IMPACT: If the Board approves the recommended settlement, the County will receive $900,000.00 in compensation, which in part will offset the payment the County made to Great Monument and also the cost to correct design deficiencies at the North County Regional Water Treatment Plant. If the County proceeds to trial, it will incur an additional $300,000.00 in expenses with no certainty of improving or even recovering as much as the recommended settlement. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Thanhe Board of County Commissioners approve the recommended settlement with Boyle and authorize the Chairman to sign all necessary settlement documents, including mutual releases. PREPARED BY: ~ f/fJ.A~ Date: b/I/O/ , ~ Michael W. Pettit, Assistant County Attorney REVIEWED BY: C),. ~ tit J -1 JJt>f- Date: t./n /"7 ,rm Mudd, Public Utilities Admi Date:'/ ""t / ,., APPROVED BY: h:/PubliclLitigationlOpen Cases! Boyle/executive summary.060101 A~Q..A ~ NO.~ JUN 1 2 2001 Pg. --1 ,,- OFFICE OF THE COUNTY ATTORNEY INTEROFFICE MEMORANDUM ~ TO: FROM: John Dunnuck, Development Services Department Ja~queline Hubbard Robinson, Assistant County Allome~ June 11, 2001 DATE: RE: The Strand Golf Course - Settlement Agreement Attached to this memorandum is a cover letter and executed settlement agreement in the above-referenced matter. Please advise, as soon as possible, how you wish to proceed. cc: David C. Weigel, County Attorney Ramiro Maiialich, Chief Assistant County Attorney Thomas Olliff, County Manager Norman Feder, Transportation Administrator Adc~ - if) --=r-teJY\ ld 8 EXECUTIVE SUMMARY 1f' APPROVE SETTLEMENT AGREEMENT BETWEEN COLLIER COUNTY AND THE STRAND DEVELOPMENT CORPORATION FOR DELINQUENT ROAD IMPACT FEES RELATING TO GOLF COURSE DEVELOPMENT OBJECTIVE: To obtain Board approval for a settlement between Collier County and the owner of the' Strand Golf Course for delinquent road impact fees. CONSIDERATION: SeCtion 74 - 321, et seq., of the pre-existing Collier County Code of Laws and Ordinances provided for the payment of road impact fees for future development that created a need for improvements and additions. to the transportation network. Under the provisions of the above referenced Ordinance, in recognition of the cost of providing growth necessitated capacity additions to the county road syst~ the Board of County Commissioners imposed a road impact fee on all road impact construction occurring within the county and utilized the proceeds from the fee to construct or acquire the improvements. The applicant for any road impact construction permits for development occurring within the county had to pay the road impact fee established in the ordinance. Section 74-325(a) of this ordinance, which was in effect at all times material to this matter, provided that the fee must be paid prior to the issuance of a building permit. The obligation for payment of the fee ran with the land. The Strand Golf Course had previously paid $32,147.00 to the county for its road impact fee. This sum was later determined to be incorrect and the golf course was asked to pay the correct amount based upon a gross acreage calculation but never did so. During the fall of 2000, in a series of hearings before the Board of County Commissioners, the Board of County Commissioners determined that the fee should be based upon a net acreage calculation. Since the beginning of the year, the golf course and the county have been in negotiations in an attempt to resolve this matter. In April 2001 the parties agreed to a net acreage calculation deleting the lakes and conservation areas. This resulted in a net acreage amount of 161.713 acres more or less. This results in a fee owed of $172,382.86, minus the amount previously paid, for a total of $140,235.86. Because this fee has been delinquent since December 14, 2000, a penalty of 10% has also been imposed plus statutory interest in the amount of 10% for 2000 and 11 % for 2001. The total amount to be paid by the golf course on or before July 15,2001 is $158,259,44 plus accrued interest from December 14,2000. Because tJte relev~t PUD provided.t]1at the developer was entitled to impact fee credits for land donated for the future east-west corridor of Livingston Road, the county has agreed to accept impact fee credits in lieu of cash for some or all of the fee, dependant upon a written appraisal based upon 1997 land values. An appraiser, ,Julian Stokes, has been retained to prepare the analysis at no cost to the county. In any event, all outstanding fees plus penalties and interest must be paid to the county by July 15,2001. If the appraisal has not been completed by that time; a cash payment must be made and a refund granted upon receipt of a completed appraisal. All claims to the impact fee credits identified under this agreement, pertaining to the conveyance of the Livingston Road land donation, shall be relinquished by the Developer ~ and the credits shall be retained by the County in order to satisfy some or all of the Developer's obligation under the settlement agreement. In exchange for this payment, the county has agreed not to file its lien nor institute foreclosure proceedings. Impact fee credits will be issued only up to the amount of the delinquent fees. FISCAL IMPACT: Funds received from the Developer will be deposited into the appropriate R;oad Impact Fee District I Fund. GROWTH MANAGEl\1ENT: Execution of the settlement agreement will provide for the construction of necessary infrastructure, which is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the settlement agreement subject to the following requests by the Developer: a. Permit the Developer to request the Board of County Commissioners to waive the 10% penalty; and b. Allow the developer to apply the $30,000.00 cash bond currently held by the county to any cash due for this delinquent fee. 2. Authorize the Chairman to execute the settlement agreement on behalf of the Board of County Commissioners. Date: b -/1- 2coJ Reviewed and Approved by: ~~ avid C. Weig , oon ttomey Date: {,-II-IH Reviewed.and.Approved by: Date: John Dunnuc1c, Interim Administrator Jackie/impact fees/settlement agreement 2 QtunfLsI Bmtly LU 4501 TamilIIIIi Trail North Suite 300 Naples, Florida 34103-3060 Tel 941.262.5959 Fax 941.434.4999 www.quarles.com Attorne,. ., L.f.D iru PbrHmix and 7Ucstm, Arizona Naples and Boca Raton, Floritia Chicago. lllJnois (Quarles & BmtJy UC) .'rIiIt.uaukee and Madison. WISconsin ~::. June 11, 2001 Sent via Coastal Courier Jacqueline Hubbard Robinson Assistant County Attorney 3301 Tamiami Trail East Naples FL 34112 Re: The Strand Golf Course/Collier County - Road Impact Fees Dear J~ckie: I am pleased to enclose the Settlement Agreement that has now been executed by our client with regard to the foregoing matter. I understand that you will be presenting this to the County Commission tomorrow for their consideration. This agreement is being delivered to you in escrow, with the following understandings: 1. That you will cause the same to be presented to the Board of County Commission for their consideration at the meeting to be held tomorrow. Iffor any reason the agreement is rejected, or if the Commission should fair to take any final action with regard to the same, please return the agreement to me. 2, As you may recall, a number of months ago a consent agenda item was polled by the Board for the acceptance of certain utility facilities because of Commissioner Carter's unwillingness to address the issue while this impact fee matter was outstanding. We would like the County to reconsider that item tomorrow as well, and consent to the same. As I recall, there was no problem with the County's acceptance of the utility facilities, with the exception of Commissioner Carter's concern about granting consent to those "who were not doing business" with the County. I look forward to resolution of the matter tomorrow. If you should have any questions, please do not hesitate to call. Enclosure LJS/nj cc: Mr, Robert Paul Hardy Ms. Renee Tolson QBNAP\ 309536.\ 1: SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is entered into and made on this / fiiaay of June 2001, by aild between Collier County ("County") and The Strand Ltd., a Florida limited partnership ("Property Owner" or "Owner"), with respect to the road impact fees the County claims are owed on the Strand Golf Course ("Property"), WIT N E SSE T H: WHEREAS, the County has assessed a road impact fee against the Property more particularly described in Exhibit "A" attached hereto; and WHEREAS, the impact fee was assessed against the Property pursuant to Section 74- 331 et seq. of the Collier County Code of Laws and Ordinances prior to the 2001 amendments to the Code is based upon a net acreage calculation submitted by the Owner and agreed to by the County, said calculation being as shown and attached hereto as Exhibit "8" to this agreement; and WHEREAS. the County contends, but the Owner does 'not agree~ that the impact fees were based upon the impact to the roads created by the Property; and WHEREAS, the amount the County claims, but the Owner disputes, is currently owed for the road impact fee totals $172,382.86 plus a 10% penalty and interest from the date of - delinquency; and WHEREAS, the County and the Owner acknowledge that the Owner has tendered and the County has previously accepted the sum of $32.147,00 as a payment of road impact fees. which the County claims to be a partial payment of said fees; and ~---~ ~, , WHEREAS, the County alleges, but the Owner disagrees, that road impact fees have been delinquent since December 14, 2000; and WHEREAS, the County has notified Owner by Certified Mail, Return Receipt Requested, that if the alleged delinquent road impact fee is not paid, a claim of lien for the total amount owed the County would be imposed on the Property; and WHEREAS, the County and the Owner desire to avoid the cost of litigating the propriety of the lien and any resulting foreclosure for the amount of the outstanding fee and desire to settle this issue for all time; and WHEREAS, the County and the Owner desire to reduce their settlement to writing and to be bound by the terms of this agreement; and NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement, the sufficiency of which is hereby acknowledged by the parties, and with the intent to be legally bound hereby, the County and the Owner mutually agree as follows: 1, The parties agree that the foregoing recitals are true and correct and said recitals are incorporated by reference into the terms of this Agreement. 2. The Owner shall pay in full, the swn of ONE HUNDRED FORTY THOUSAND, TWO HUNDRED-THIRTY-FNE DOLLARS and EIGHTY-SIX CENTS {$140,235,86) plus any agr~ed upon penalties and accrued statutory interest from the date of delinquency, to the County from December 14, 2000 by no later than July 15,2001. 3. Interest shall be calculated at the statutory rate for final judgments. 2 4. The Owner shall be given credit for the appraised value of the land donation to the County for the east-west corridor of Livingston Road as set forth in Exhibit A to Ordinance 97-24 for Pelican Strand, the relevant PUD, in an amount to be determined based upon a written appraisal using 1997 land values. Said credit to be'effective only upon the actual conveyance of the property to the County, free and clear of all liens and encumbrances in fee simple by warranty deed, The Owner shall be given impact fee credits only up to the total amount owed, for the appraised value of the land donation to the County for the east-west corridor of Livingston Road as set forth in Ordinance 97-24 for Pelican Strand, the relevant amended PUD, in an amount to be determined based upon a written appraisal using 1997 land values, [hereinafter the "Donation"]. These credits may be only be used to pay the total fees as set forth in paragraph 2, herein, The land donation consists of the reserved right-of-way along the north boundary of The Strand development to accommodate the south half-right-of-way for the east-west corridor of Livingston Road, 7, Said aforementioned payment, shall constitute payment in full of the outstanding delinquent road impact fee for the Property, including penalties and interest. 8, The Owner represents and warrants to the County that it owns The Strand Golf Course (the "Property"), more particularly described in Exhibit "B," as of the time of the execution of this Settlement Agreement. 9. Th~ amount of credits made available and issued to the Owner shall not exceed ~.' 5. 6. the amount due the County under paragraph 2. Said cred~ts shall be issued only upon the actual conveyance of the Donation to the County, free and clear of all 3 liens and encumbrances in fee simple title by warranty deed in a form acceptable ~~ to the County. 10, The Owner shall provide to the County all necessary documents for closing and recording, including an acceptable title policy, at the time of the conveyance of the' Donation, 11. All costs of recording and conveyance shall be borne by the Owner, 12, The land Donation shall consist of the reserved right-of-way along the north boundary of The Strand development to accommodate the south half right-of-way for the east-west corridor of Livingston Road. 13. Said aforementioned payment, shall constitute payment in full of the outstanding delinquent road impact fees for the Property, including penalties and interest. 14, The Owner has entered into this Agreement freely and voluntarily after having been apprised of all relevant information concerning this Agreement and the consequences thereof and after having received advice from its counsel. In executing this Agreement, the Property Owner does not rely on any inducements, promises, representations, other than those expressed in this Agreement. 15. The Property Owner expressly acknowledges and agrees that the terms of this Agreement are subject to the approval of the Board of County Commissioners at a duly noticed public meeting of the Board and that the terms hereof shall not be binding on any party until formally accepted and approved by the Board of - . , County Commissioners, 16, The Parties hereto agree that this Agreement supercedes ~d replaces all prior agreements and understandings and that it constitutes the entire agreement 4 between the Property Owner and the County and that there exists no other )( agreements, oral or written, between them relating to any of the matters covered by this Agreement or any other matter whatsoever, 17, This Agreement may be executed in any number of counterparts, each of which sliall be deemed to be an original but all of which together shall constitute one and the same instrument. 18. In the event that the Owner shall fail to make payment pursuant to the terms of this Agreement, said failure shall constitute a full and complete breach of this Agreement and the parties agree that upon said breach, the County may proceed with its foreclosure action against the breaching party by filing a Claim of Lien including the legal description as set forth herein, 19. This Agreement may be amended only by a written instrument specifically referring to this Agreement and executed with the same formalities as this Agreement. 20, This Agreement shall be governed by the laws of the State of Florida. 21, The Property Owner and the County agree that each of them shall bear their O\\lTI attorney's fees and costs incurred in the preparation, prosecution or defense of this agreement or any dispute resulting here from, 22, At the Owner's election, the Owner shall be permitted to apply the $30,000,00 cash deposit for work to be done on Strand Boulevard pursuant to Fifth Third -Bank Letter of Credit No.' SB 1127 that expired on December 8, 2000 and was converted to cash currently being held by the County. !his cash bond is in account no. GL 67000000022011300000. If the Owner does not so elect, that 5 $30,000,00 shall be returned within ten (10) days after receipt of a written request )i:: from the Owner. IN WITNESS WHEREOF, the Property Owner and the County have executed this Agreement, which consists of seven pages, on the day and year fIrst above written. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DWIGHT E, BROCK, Clerk By: James D. Carter, Ph.D" Chairman 6 ':" WITNESSES: THE STRAND, L a Florida limit p /.lY.v full ,V Signature /II ,-:'fA (;' (G6 c. R.;:( Print or type name 5G'f ~~ ~/l??L' Signature ~e(l,\it YOCom Print or type ame By: Ro rt Paul Hardy as Vice President The Strand Development Corporation of Naples as sole general partner, will full Power and authority to bind the partn ship On Behalf of the Strand Golf Course On behalf of The Strand Golf Course STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this I tftday of June, 2001, by Robert Paul Hardy as Vice President of The Strand Development Corporation of Naples, as sole general partner, with full power and authority to bind the partnership On behalf of The Strand Golf Course, He is personally known to me L, or has produced a Florida driver's license no. as identification. J jj Li4 J./; .fuk:;f Notary Public )./ /1-])4 (j. C; 1f..,6IL(2:J Print Name My commission expires: S- --1-.;;.. DC' ;2.- SEAL #""'~ HlIDAB. GILBERT tJ). W# MY COMMISSION /I CC71811%6 ~ 0, f\o.... EXPIRES: May I. 2tlO2 l-<<lOo3-NOTARY A.. NoIIry ..",. "lIclnl3I"IJ Co, 7 Approved as to form and legal sufficiency: J( ~ H/Jackie/Duties ot'Transportation Administrator/Settlement Agreement/Amended" 6-11-2001 unrevised 8 EXHIBIT "Air Legal Description of the Areas of the Golf Course at the Pelican Strand Subject To Collier County County Uen Township 48, Range 26, Section 18 Clubhouse Parcel: Pelican Strand Replat IB, Tract 18, as referenced in Plat Book 29, Pages 23-27 of the Public Records of Collier County, Florida. Cubhouse Area: 12.53 Acres of Cub site located East of Tract 17 as delineated in Exhibit "B." Folio Number: 66679713694 ;r Hole 9: Pelican Strand Replat 18, Tract F03, LESS Eden at the Strand, as referenced In Plat Book 29, Pages 23-27 of the Public Records of Collier County, Florida. Hole 9 - 4.903 Acres located South of Tract 17 as delineated in Exhibit "B." Folio Number: 66679713830 Holes 10 and 18: Pelican Strand Replat IB, Tract FD5, LESS Eden at the Strand, as referenced in Plat Book 29, Pages 23-27 of the Public Records of Collier County, Florida. - Hole 10 - 6.748 Acres located West of Tract 16 as delineated in Exhibit "B." Hole 18 - 9.883 Acres located North of Tract 17 as delineated in Exhibit "B." Folio Number: 66679714282 Holes 24 and 25: Pelican Strand Replat lC, Tract F07, LESS those portions described In OR Book 2661, Pages 2442 and OR Book 2661, Page 2450, and as referenced in Plat Book 31, Pages 54-47 of the Public Records of Collier County, Florida. Hole 24 - 5.395 Acres located North of Tract 9 as delineated in Exhibit "B." Hole 25 - 5.198 Acres located North of Tract 10 as delineated in Exhibit "B." Folio Number: 66679717988 Holes 14 and 15: Pelican Strand Replat lC, Tract F08, as referenced in Plat Book 31, Pages 5+57 of the Public Records of Collier County, Florida. Holes 14 and 15 - 6.693 located Acres North of Tract 11 as delineated in Exhibit "B." Folio Number: 66679718026 Hole 13: Pelican Strand Replat 1C, Tract F08, as referenced in Plat Book 31, pages 54-57 of the Public Records of Collier County, Florida. Hole 13 - 8.65 Acres located North of Tract 12 as delineated in Exhibit "B." Folio Number: 66679718084 . - Holes 11, 12, 16 and 17: Pelican Strand Replat 1C, Tract F010, as referenced in Plat Book 31, Pages 54-57 of the Public,Records of Collier County, Florida. Holes 11, 12 and 17 - 19.41 Acres located North of Tract 13 as delineated In Exhibit "B." Hole 16 - 6.510 Acres located North of Tract 14 as delineated in Exhibit "B." Folio Number: 66679718385 Holes 26 and 27: Pelican Strand Replat 1C, Tract F011, as referenced in Plat Book 31, Pages 54-57 of the Public Records of Collier County, Rorida. Holes 26 and 27 - 10.386 Acres located North and South of Tract 15 as delineated in Exhibit "B." Folio Number: 66679718482 Holes 20 and 21: Pelican Strand Replat 7, F06C, as referenced in Plat Book 33, Pages 69-72 of the Public Records of Collier County, Florida. Hole 20 - 5.308 Acres located South of Tract 5 as delineated in Exhibit "B." 'r Hole 21 - 5.86 Acres located West of Tract 7 as delineated in Exhibit "B." Folio Number: 66679804901 Hole 23: Pelican Strand Replat 7, F06A, as referenced in Plat Book 33, Pages 69-72 of the Public Records of Collier County, Rorida Hole 23 - 2.205 Acres located West of Tract 8 as delineated in Exhibit "B." Folio Number 66679804862 Hole 22: Pelican Strand Replat 7, F06B, as referenced in Plat Book 33, Pages 69-72 of the public Records of Collier County, Rorida Hole 22 - 2.501 Acres located South of Tract 6 as delineated in Exhibit "B." Folio Number: 66679804888 Holes 1 and 19: Pelican Strand Replat 7, F04, as referenced in Plat Book 33, Pages 69-72 of the Public Records of Collier County Rorida. Holes 1 and 19 - 11.572 Acres, also known as Area CAGA located East of Tract 5 as delineated in Exhibit "B." Folio Number: 66679804765 Township 48, Range 26, Section 19 Tee Box for Hole 6: Pelican Strand Tract E, as referenced in Plat Book 23, Pages 58-65 of the Public Records of Collier County, Florida. Tee Box for Hole 6 - 1.084 acres of Tract E as delineated in Exhibit "B." Folio Number: 66679700568 Holes 2 through 8 Inclusive: Pelican Strand Replat lA, Tracts GCl through GC4, LESS that portion of Tract GC4 as described in OR Book 2448, Page 20 of the Public Records of Collier County, Florida. Holes 2 through 8 are all included as referenced in Plat Book 28, Pages 66-69 of the Public Records of Collier County, Florida. Holes 2 and 3 - 11.402 Acres of Tract GC4 as delineated In Exhibit "B." Hole 4 - 5.438 Acres of Tract GC2 as delineated In Exhibit "B." Hole 5 - 3.062 Acres of Tract GCl as delineated in Exhibit "B." Holes 6, 7 and 8 - 15.085 Acres of Tract GO as delineated in Exhibit "B." Folio Number: 66679703361 . -INCLUDING The Maintenance Area - 1.89 acres South of Tract 17 and East of Tract 5 as delineated in Exhibit "B." LESS All "lakes" and all "Conservation Areas," including LESS all "Conservation Areas" 5 and 6 (near Holes 1 and 19), as those two Conservation Areas (apparently owned by the Strand Master Property Owners' Association) as recorded at OR Book 2564, Page 516, Public Records of Collier County. As depicted in the Aerial referenced as Exhibit "B" and the Brochure referenced as Exhibit "c." EXECUTIVE SUMMARY ADOPT RESOLUTIONS ENFORCING LIENS ON PROPERTIES FOR CODE VIOLATIONS OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No, 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance, CONSIDERATIONS: Ordinance No, 99-51, as successor to Ordinance No, 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice, The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 07/16/99 b. Notice of Violation served undeliverable 1999070964 Owner-Builder . c. Notice of Violation Posted nla $245.00 d. Unabated nuisance verified 08/17/99 Alliance, Inc, e. Nuisance abated with public funds 08/24/99 f. Owner invoiced for costs 08/1 0/00 a. Violation determined 04/18/00 b. Notice of Violation served undeliverable 2000040214 Owner-Builder c. Notice of Violation Posted 06/28/00 $245,00 d. Unabated nuisance verified 07/13/00 Alliance, Inc. e. Nuisance abated with public funds 07/29/00 f. Owner invoiced for costs 08/24/00 a. Violation determined 06/22/00 b. Notice of Violation served unclaimed 2000060916 Montenegro, Cal c. Notice of Violation Posted nla $245.00 d. Unabated nuisance verified 07/28/00 e. Nuisance abated with public funds 08/09/00 f, Owner invoiced for costs 08/21/00 :mfr( JUN 1 2 2001 .,.-... ,.,. / , a, Violation determined 06/22/00 b, Notice of Violation served unclaimed 2000060919 Montenegro, Cal c. Notice of Violation Posted nJa $24( d, Unabated nuisance verified 07/28/00 e. Nuisance abated with public funds 08/09/00 f. Owner invoiced for costs 08/21/00 a. Violation determined 06/26/00 b. Notice of Violation served undeliverable 2000061033 Benjamson, Martin I. & c. Notice of Violation Posted nJa $245.00 d, Unabated nuisance verified 07/28/00 Lillian E, e. Nuisance abated with public funds 08/09/00 f. Owner invoiced for costs 08/17/00 a. Violation determined 06/28/99 b, Notice of Violation served undeliverable 1999061640 Benjamson, Martin I. & c. Notice of Violation Posted nJa d. Unabated nuisance verified 07/22/99 Lillian E, e, Nuisance abated with public funds 08/11/99 $245,00 f. Owner invoiced for costs 08/10/00 a. Violation determined 11/02/99 b. Notice of Violation served undeliverable 1999110235 Baron, Mimon c. Notice of Violation Posted nJa $245.00 d, Unabated nuisance verified 12/09/99 e. Nuisance abated with public funds 01/07/00 f. Owner invoiced for costs 08/10/00 a, Violation determined 10/05/98 b. Notice of Violation served unclaimed 81006059 Sheehan, Lloyd G. c, Notice of Violation Posted nJa $245.00 d. Unabated nuisance verified 10/28/98 e. Nuisance abated with public funds 10/30/98 I f. Owner invoiced for costs 08/1 0/00 " - a. Violation determined 06/19/00 b. Notice of Violation served unclaimed 2000060815 Sheehan, Lloyd G. c, Notice of Violation Posted 07/12/00 $290,00 d, Unabated nuisance verified 07/26/00 e. Nuisance abated with public funds 08/09/00 f. Owner invoiced for costs 08/25/00 a, Violation determined 06/29/00 b. Notice of Violation served not returned 2000070046 Ramirez, Alfredo L. & c. Notice of Violation Posted 07/26/00 $245,00 d. Unabated nuisance verified 08/07/00 Anne C. e, Nuisance abated with public funds 08/11/00 f. Owner invoiced for costs 08/17/00 a. Violation determined 06/01/00 b, Notice of Violation served not returned 2000060065 Dominguez, Julio c. Notice of Violation Posted 06/23/00 $245.00 d. Unabated nuisance verified 08/03/00 e, Nuisance abated with public funds 08/09/00 f. Owner invoiced for costs 08/17/00 a. Violation determined 12/16/99 b. Notice of Violation served undeliverable 1999120522 Gadsden, J.B., Jr. & c. Notice of Violation Posted nJa $310,00 d. Unabated nuisance verified 01/13/00 Althea e. Nuisance abated with public funds 03/13/00 f. Owner invoiced for costs 07/07/00 '- No. Iliff , JUN 1 2 2001 Pa. c:< -- I a. Violation determined 07/14/00 b. Notice of Violation served 07/20/00 2000070549 Walker, James L. c. Notice of Violation Posted nla $245.00 d. Unabated nuisance verified 08/08/00 e. Nuisance abated with public funds 08/23/00 f. Owner invoiced for costs 09/07/00 a. Violation determined 06/28/00 b. Notice of Violation served 07/15/00 2000061136 H S Partnership c, Notice of Violation Posted nla $465.00 d. Unabated nuisance verified 07/20/00 e. Nuisance abated with public funds 08/14/00 f. Owner invoiced for costs 08/18/00 a, Violation determined 06/15/00 b. Notice of Violation served not returned 2000060635 Leister, Karl-Heinz & c. Notice of Violation Posted 07/18/00 $245,00 d. Unabated nuisance verified 07/28/00 Heidi e. Nuisance abated with public funds 07/31/00 f. Owner invoiced for costs 08/04/00 a. Violation determined 06/15/00 b. Notice of Violation served not returned 2000060729 Abline, Jacques & c. Notice of Violation Posted 07/18/00 $245,00 d. Unabated nuisance verified 07/28/00 Daniele e. Nuisance abated with public funds 07/31/00 f. Owner invoiced for costs 08/04/00 a. Violation determined 06/29/00 b. Notice of Violation served unclaimed 2000070457 DeFrancesco, Joseph c. Notice of Violation Posted nla $245,00 d. Unabated nuisance verified 08/21/00 e, Nuisance abated with public funds 08/23/00 f, Owner invoiced for costs 09/01/00 - a. Violation determined 09/21/00 b. Notice of Violation served 10/12/00 2000090733 Dominguez, Julio c. Notice of Violation Posted nla $245,00 d, Unabated nuisance verified 10/19/00 e. Nuisance abated with public funds 11/10/00 f. Owner invoiced for costs 11/17/00 a, Violation determined 02/01/00 b. Notice of Violation served undeliverable 2000020123 J M K Industries, Inc, c. Notice of Violation Posted 06/01/00 $245.00 d. Unabated nuisance verified 06/16/00 e. Nuisance abated with public funds 07/01/00 f. Owner invoiced for costs 08/24/00 a. Violation determined 06/08/00 b. Notice of Violation served undeliverable 2000060485 Lee, Daniel Thomas & c, Notice of Violation Posted nla $365,00 d. Unabated nuisance verified 07/20/00 Donna M e. Nuisance abated with public funds 08/11/00 f, Owner invoiced for costs 08/23/00 a. Violation determined 01/10/00 b. Notice of Violation served 02/22/00 2000010255 Morrison, Charles C. & c. Notice of Violation Posted 06/12/00 $1,550,00 d. Unabated nuisance verified 06/27/00 Christine C. e. Nuisance abated with public funds 08/01/00 f. Owner invoiced for costs 08/31/00 ~ \ No. 1(, 4 r JUN 1 2 2001 PJ. \~ r 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 $6,900.00 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 $262.50, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions, PREPARED BY: ~Q<~ J an Powers, OperatIOns Manager Code Enforcement DATE: 5-' 3D' 0 1 REVIEWED BY: 9 ~ W-I!flt Michelle Edwards Arnold, Director Code Enforcement DATE: s- gO"- 6 1 APPROVED BY: DATE: S h I\C \ , Dunnuck III, Administrator unity Development & Environmental Services AGENDA I1'EM Ho.f!tlt( JUN 1 2 2001 Pg. f .., -- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN OWNER-BUILDER ALLIANCE, INC" A Florida Corporation 8386 COCONUT BLVD, WEST PALM BEACH, FL 33412 DATE: REF. INV.# 1621 FOLIO#:54670001485 LIEN NUMBER: LEGAL DESCRIPTION: Lot 64, LEA WOOD LAKES, A SUBDIVISION, ACCORDING TO THE PLAT IN PLAT BOOK 24, PAGES 62 TO 64, INCLUSIVE, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 13, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance IS: WEEDS: ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON. PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES, You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY.FIVE ($45,00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO HUNDRED FORTY-FIVE ($245.00) DOLLARS, Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property, Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice, F: L1ENSI MSTR LNAL AGEN)A No. /{p 4 , JUN 1 2 2001 Pi. 6 (r- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME OWNER-BUILDER ALLIANCE, INC., A Florida Corporation LEGAL DESCRIPTION: Lot 64, LEA WOOD LAKES, A SUBDIVISION, ACCORDING TO THE PLAT IN PLAT BOOK 24, PAGES 62 TO 64, INCLUSIVE, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COST: $245.00 REFERENCE#: 1621 FOLIO #: 54670001485 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2001. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY; Deputy Clerk BY: James D. Carter, Ph. D" Chairman Approved as to fonn and legal sufficiency: ~ ?oJ~ Thomas C. Palmer, Assistant County Attorney AGENDA No. I{pt{ JUN 1 2 2001 F: LIEN! MSTR RESOLUTION PI. b r-} 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs -of such abatement, to wit: NAME OWNER-BUILDER ALLIANCE, INC., A Florida Corporation LEGAL DESCRIPTION: Lot 64, LEA WOOD LAKES, A SUBDIVISION, ACCORDING TO THE PLAT IN PLAT BOOK 24, PAGES 62 TO 64, INCLUSIVE, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, FOLIO #: 54670001485 REFERENCE#: 1302 COST: $245.00 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. ATTEST: DWIGIIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph, D" Chairman BY: Deputy Clerk Approved as to form and legal sufficiency: I)"" ~ Thomas C. Palmer, Assistant County ttorney AGENDA t1'EM No. /&1/-1 JUN 1 2 200t ~ . F: LIEN! MSTR RESOLUTION Pg, BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN OWNER-BUILDER ALLIANCE, INC., A Florida Corporation 10999 PROSPERITY FARMS RD, PALM BCH GARDENS, FL 33410 DATE: REF, INV.# 1302 FOLIO #: 54670001485 LIEN NUMBER: LEGAL DESCRIPTION: Lot 64, LEA WOOD LAKES, A SUBDIVISION, ACCORDING TO THE PLAT IN PLAT BOOK 24, PAGES 62 TO 64, INCLUSIVE, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 17, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45,00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of TWO HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No, 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. No. F: LIENS! MSTR LNAL JUN 1 2 2001 f? Pt. .- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MONTENEGRO, CAL 280 HENLEY DR NAPLES, FL 34104 DATE: REF. INV,# 1604 FOLIO # 36232400002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7, Block 155, GOLDEN GATE, Unit 5, according to plat in Plat Book 5, Pages 117 to 123, inclusive, Public Records of Collier County, Florida, You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 28, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON.PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES, You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY - FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of TWO HUNDRED FORTY -FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. (~ F: LIENSI MSTR LNAL ~4( JUN 1 2 2001 P" Cf 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. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MONTENEGRO,CAL LEGAL DESCRIPTION: Lot 7, Block 155, GOLDEN GATE, Unit 5, according to plat in Plat Book 5, Pages 117 to 123, inclusive, Public Records of Collier County, Florida. COST: $245,00 FOLIO #: 36232400002 REFERENCE#: 1604 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2001. A TIEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D.,Chairman BY: Deputy Clerk Approved as to form and legal sufficie~cy: \b~ ?~ Thomas C. Palmer, Assistant County Attorney :if) ft ( JUN 1 2 200t F: LIENI MSTR RESOLUTION PI. / tJ ,,- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MONTENEGRO, CAL 280 HENLEY DR NAPLES, FL 34104 DATE: REF. INV,# 1603 FOLIO # 36232360003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Block 155, GOLDEN GATE, Unit 5, according to plat in Plat Book 5, Pages 117 to 123, inclusive, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded m the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 28, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No, 99-51 and served a notice of violation upon you, The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY - FIVE ($45,00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of TWO- HUNDRED FORTY.FIVE ($245.00) DOLLARS, Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No, 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. A~~. No.--f-l€-l:1-l \, F: LIENS! MSTR LNAL JUN 1 2 2001 PI, /J ~ 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. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No, 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MONTENEGRO, CAL LEGAL DESCRIPTION: Lot 6, Block 155, GOLDEN GATE, Unit 5, according to plat in Plat Book 5, Pages 117 to 123, inclusive, Public Records of Collier County, Florida. COST: $245.00 REFERENCE#: 1603 FOLIO #: 36232360003 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. A TrEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D. Carter, Ph.D.,Chairman Approved as to form and legal sufficiency: IOV\A V~ Thomas C. Palmer, Assistant County Attorney ~( JUN 1 2 2001 F: LIEN! MSTR RESOLUTION p,. /~ --- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BENJAMSON, MARTIN I. & LILLIAN E. 6300 YORK AVES APT #208 EDINA, MN 55435 DATE: REF. INV.# 1609 FOLIO #: 36385240009 LIEN NUMBER: LEGAL DESCRIPTION: Lot qBlock 224 Unit 6 Part IJGOLDEN GATE according to plat thereof recorded in Plat Book 9 Page 4 of ute PubI1'c Records of Collier County, Florida, You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 28, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON. PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY.FIVE ($45,00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FORTY -FIVE ($245,00) DOLLARS, Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No, 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. No. ( , J JUN 1 2 2001 F: LlENSI MSTR LNAL PI. E I 2 3 4 5 6 7 8 9 10 II 12 t3 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. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BENJAMSON, MARTIN I. & LILLIAN E, LEGAL DESCRIPTION: Lot 13 Block 22'!,Unit 6lart ~GOLDEN GATE, according to plat thereof recorded in Plat Book 9 Page 4 of the PublIc Records of Collier County, Florida. COST: $245.00 REFERENCE#: 1609 FOLIO #: 36385240009 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D. Carter, Ph. D., Chairman Approved as to form and legal sufficiency: ~~ QJ~ Thomas C. Palmer, Assistant County Attorney F: LlEN/ MSTR RESOLUTION :Jr7rr JUN t 2 2001 Pg. /~ ~- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BENJAMSON, MARTIN 1. & LILLIAN E, 6300 YORK AVE S APT #208 EDINA, MN 55435 DATE: REF. INV,# 1242 FOLIO #: 36385240009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 13 Block 22')Unit 6 Part 1 GOLDEN GATE according to plat thereof recorded in Plat Book 9 Page 4 of the Public Rt?cords of Collier. County, Florida, You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 22, 1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES, You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY -FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of TWO-HUNDRED FORTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS! MSTR LNAL AQEIt)A No. /tvlJ( JUN 1 2 2001 pt. /~ ... 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 RESOLUfION NO. 2001-_ A RESOLUfION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: BENJAMSON, MARTIN I. & LILLIAN E. LEGAL DESCRIPTION: Lot 13 Block 2~Unit ~Part ~GOLDEN GATE, according to plat thereof recorded in Plat Book 9 Page 4 of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE#: 1242 FOLIO #: 36385240009 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2001. A ITEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D, Carter, Ph. D" Chairman Approved as to form and legal sufficiency: I o. ~?~ Thomas C. Palmer, Assistant County Attorney - :nit , JUN t 2 2001 Pg. /6 Po LIEN! MSTR RESOLUTION ~ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BARON, MIMON 2375 TAMIAMI TR N STE 300 NAPLES, FL 34103 DATE: REF. INV.# 1479 FOLIO # 55200240000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Lely Country Club, MUlRFIELD, according to the plat thereof as recorded in Plat Book 14, Page 75, of the Public Records of Collier County, Florida, You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on December 09,1999, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON.PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of TWO-HUNDRED FORTY-FIVE ($245,00) DOLLARS, Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property, Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. /-, ,J No. 1ft ff I JUN t 2 2001 p,. /7 F: LIENSI MSTR LNAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 [7 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. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No, 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME:BARON,MIMON LEGAL DESCRIPTION: Lot 6, Lely Country Club, MUlRFIELD, according to the plat thereof as recorded in Plat Book 14, Page 75, of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE#: 1479 FOLIO #: 55200240000 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. A TrEST: DWIGIIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D. Carter, Ph.D. ,Chairman Approved as to form and legal sufficiency: \1VV\- ~~ Thomas C. Palmer, Assistant County Attorney AGENDA No. III It , JUN 1 2 2001 Pg. /~ F: LIEN! MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SHEEHAN, LLOYD G. 1751 IMPERIAL GOLF COURSE BLVD NAPLES, FL 34110 DATE: REF. INV.# 81006059 FOLIO # 62099080008 LIEN NUMBER: LEGAL DESCRIPTION: Lots 9 andl0, Block 10, NAPLES MANOR ADDITION, according to the plat thereof, recorded in Plat Book 3, Pages 67 and 68, of the Public Records of Collier County, Florida, You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on October 28, 1998, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance IS: OVERGROWTH: PROHmITED ACCUMULATION OF NON-PROTECTED MOWABLE VEGETATION IN EXCESS OF 18" IN HEIGHT IN A SUBDIVISION OTHER mAN GOLDEN GATE ESTATES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of TWO-HUNDRED FORTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. ,--....... . \ F: UENSI MSTR LNAL AGENDA , No. I (p JUN 1 2 2001 pc. / '1 I 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATENfENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SHEEHAN, LLOYD G, LEGAL DESCRIPTION: Lots 9 andl0, Block 10, NAPLES MANOR ADDITION, according to the plat thereof, recorded in Plat Book 3, Pages 67 and 68, of the Public Records of Collier County, Florida. COST: $245.00 REFERENCE#: 81006059 FOLIO #: 62099080008 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. Thi~ Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D. Carter, Ph.D. ,Chairman Approved as to form and legal sufficiency: '?~ ~ Thomas C. Palmer, Assistant County Attorney AGEfoC)A No. 1(p,1+ I JUN 1 2 2001 F: LlEN/ MSTR RESOLlITION p,. e2D /.~-., BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SHEEHAN, LLOYD G. 1751 IMPERIAL GOLF COURSE BLVD NAPLES, FL 34110 DATE: REF. INV.# 1624 FOLIO # 62099080008 LIEN NUMBER: LEGAL DESCRIPTION: Lots 9 and 10, Block 10, NAPLES MANOR ADDITION, according to the plat thereof, recorded in Plat Book 3, Pages 67 and 68, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 26, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you The nuisance IS: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of NINETY ($90.00) DOLLARS plus an administrative cost of Two- hundred ($200.00) dollars for a total of TWO-HUNDRED NINETY ($290.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. .r--' \ No. F: LIENS! MSTR LNAL JUN 1 2 2001 PI. ,f} / 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 RESOLUTION NO. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate oftwelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SHEEHAN, LLOYD G. LEGAL DESCRIPTION: Lots 9 andlO, Block 10, NAPLES MANOR ADDITION, accordir to the plat thereof, recorded in Plat Book 3, Pages 67 and 68, of the Public Records of Collier County, Florida. COST: $290.00 REFERENCE#: 1624 FOLIO #: 62099080008 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D. Carter, Ph.D. ,Chairman Approved as to form and legal sufficiency: ~~?~ Thomas c.1almer, Assistant County Attorney - F: LIENI MSTR RESOLUTION JUN 1 2 2001 PI. rJ.,j, ...- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN RAMIREZ, ALFREDO L. & ANNE C. PO BOX 462 MIDDLETOWN, NY 10940-0462 DATE: REF. INV.# 1605 FOLIO # 36242840005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 16 Block 169 Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5 Page 11 of the Public Records of Collier County, Florida, You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 07, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULA nON OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of TWO.HUNDRED FORTY.FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice, ~ ) AGENDA I1'EM No. l/Pffr JUN 1 2 2001 Pc, .:zg F: LIENSI MSTR LNAL 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. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNrY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: RAMIREZ, ALFREDO L. & ANNE C. LEGAL DESCRIPTION: Lot 16 Block 162Unit ~Part - GOLDEN GATE, according to plat thereof recorded in Plat Book s)<age 11 of the Public Records of Collier County, Florida, COST: $24S.00 REFERENCE#: 160S FOLIO #: 3624284000S The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. A TIEST: DWIGIIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY; James D. Carter, Ph.D., Chairman BY: Deputy Clerk Approved as to form and 'eg.,,~ ~ Thomas C. Palmer, Assistant County Attorney :ttnl JUN 1 2 2001 PI_ J.tf P: UENI MSTR RESOLUTION - BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DOMINGUEZ, JULIO 74 ASHLEY ST BRIDGEPORT, CT 66101617 DATE: REF. INV.# 1712 FOLIO #: 36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on October 19, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON.PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45,00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of TWO-HUNDRED FORTY-FIVE ($245.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. No. \, F: LIENSI MSTR LNAL JUN 1 2 2001 02S- pc. 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, 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No, 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rale of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DOMINGUEZ, JULIO LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier County, Florida, COST: $245,00 FOLIO #: 36247840000 REFERENCE#: 1712 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. A TIEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D. Carter, Ph,D"Chairman Approved as to form and legal su~n: ~~ Thomas C. Pal me;, Assistant County Attorney . F: LIENI MSTR RESOLUTION AGEN>I\ na No, Iftl1f JUN 1 2 2001 PII. .:; t:, ...-' BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN J,B, GADSDEN, JR. & ALTHEA 707 S 5TH ST IMMOKALEE, FL 34142 DATE: REF. INV.# 1517 FOLIO # 00135440001 LIEN NUMBER: LEGAL DESCRIPTION: Commencing at the Northwest corner of the East one-half of the Northeast one-quarter of the Southwest one-quarter of the Northeast one-quarter of Section 9, Township 47 South, Range 29 East, Collier County, Florida; thence southerly along the West Boundary of the East one-half of the Northeast one-quarter a distance of 200 feet; thence easterly and parallel with the South Boundary of Block 4, palmetto Park, a distance of 80 feet; thence southerly and parallel to said West Boundary a distance of 236.07feet, thence easterly and parallel with said South Boundary of Block 4, Palmetto Park, a distance of 221.63 feet; thence Northerly and parallel to said West Boundary a distance of 436,52 feet to the South Boundary of Block 4, Palmetto Park; thence Westerly along said South Boundary a distance of 300.60 feet to the Point of Beginning, subject to an easement in favor of the public over the Southerly 30 feet for road right-of-way purposes. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 13, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance IS: WEEDS: ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE -HUNDRED TEN (S110.00) DOLLARS plus an administrative cost of Two-hundred (S200,OO) dollars for a total of THREE-HUNDRED TEN (S310.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said I / request for hearing shall be made to the County Administrator, Government Cent Trail East, Naples, Florida 34112 in writing within ten (10) days from the date ofth noti,.. F: LIENS! MSTR LNAL PI. ~? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 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 NmSANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: J,B. GADSDEN, JR. & ALTHEA LEGAL DESCRIPTION: Commencing at the Northwest corner ofthe East one-half ofthe Northeast one-quarter of the Southwest one-quarter of the Northeast one-quarter of Section 9, Township 47 South, Range 29 East, Collier County, Florida; thence southerly along the West Boundary ofthe East one-half ofthe Northeast one-quarter a distance of 200 feet; thence easterly and parallel with the South Boundary of Block 4, palmetto Park, a distance of 80 feet; thence southerly and parallel to said West Boundary a distance of 236.07feet, thence easterly and parallel with said South Boundary of Block 4, Palmetto Park, a distance of221.63 feet; thence Northerly and parallel to said West Boundary a distance of 436.52 feet to the South Boundary of Block 4, Palmetto Park; thence Westerly along said South Boundary a distance of 300.60 feet to the Point of Beginning, subject to an easement in favor of the public over the Southerly 30 feet for road right-of-way purposes. REFERENCE#: 1517 FOLIO #: 00135440001 COST: $310.00 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D ,Chairman BY: Deputy Clerk Approved as to form and legal sufficiency: r:\ \) I. / lo,^", \" ~ Thomas C. Palmer, Assistant County Attorney :;rlfi JUN 1 2 2001 F: LIENI MSTR RESOLtJTION pt,.~ -. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WALKER,JAMES L. no BANYAN BLVD, NAPLES, FL 34102 DATE: REF. INV.# 1630 FOLIO#: 36122560007 LIEN NUMBER: LEGAL DESCRIPTION: GOLDEN GATE, Unit ~ B1k 13~Lot 12, Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 8, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you, The nuisance is: WEEDS: ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY. FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FORTY.FIVE ($245,00) DOLLARS, Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property, Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. :71;1: JUN 1 2 2001 Pa. ,.p9 ... F: LIENSI MSTR LNAL I 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 RESOLUTION NO. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: WALKER, JAMES L. LEGAL DESCRIPTION: GOLDEN GATE, Unit 4 Blk 135 Lot 12, Collier County, Florida. FOLIO #: 36122560007 COST: $245.00 REFERENCE#: 1630 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier' County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph, D., Chairman BY: Deputy Clerk Approved as to fonn and legal sufficiency: Thorn" J?=. A~~ Attorn,y - :n;rh-r JUN 1 2 200t F: LrENf MSTR RESOLUTION pt. dO ~-, BOARD OF COUNTI' COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN H S PARTNERSHIP POBOX 7174 NAPLES, FL 34101 DATE: REF. INV.# 1611 FOLIO #: 00117680009 LIEN NUMBER: LEGAL DESCRIPTION: The South 50.00 feet ofthe North 248,5 feet of the West 165,00 feet of the Southwest v.. of the Southeast v.. of the Southwest v.., Section 3, Township 47 South, Range 29 East, Collier County, Florida, less the West 30.00 feet reserved for road right-of-way. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 20, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance IS: WEEDS/LITTER: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) AND PROHmITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OF ABANDONED PROPERTY, You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of TWO HUNDRED SIXTI' - FIVE ($265.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of FOUR HUNDRED SIXTY- FIVE ($245,00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. --- , AGENDA I1'EM No. 1ft If ,I JUN 1 2 2001 PI. ~/ F: LIENS! MSTR LN AL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: H S PARTNERSHIP, a Florida general Corporation LEGAL DESCRIPTION: The South 50,00 feet of the North 248,5 feet of the West 165.00 feet of the Southwest 'I.. of the Southeast 'I.. of the Southwest '1.., Section 3, Township 47 South, Range 29 East, Collier County, Florida, less the West 30,00 feet reserved for road right-of-way. FOLIO #: 00117680009 REFERENCE#: 1611 COST: $465.00 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D. Carter, Ph.D.,Chairman Approved as to form and legal sufficiency: /o~~ Thomas C. Palmer, Assistant County Attorney F: LIEN! MSTR RESOLUTION AGENDA M No. I , JUN 1 2 2001 Pi, <.:? e:::z- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LEISTER, KARL -HEINZ & HEIDI WIESENSTR 33-E 63110 RODGAU 2 GERMANY DATE: REF, INV.# 1590 FOLIO # 51544807501 LIEN NUMBER: LEGAL DESCRIPTION: Lot(s) 81, IMPERIAL GOLF ESTATES, PHASE V, according to the plat thereof, recorded in plat Book 16, Pages 69 through 70, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 28, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No, 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON.PROTECTED OVERGROWTH IN ECESS OF 18", You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY-FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of TWO-HUNDRED FORTY-FIVE ($245,00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No, 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. / I :Jft"11 JUN 1 2 2001 PI. d:..S F: LIENS! MSTR LNAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No, 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No, 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEISTER, KARL -HEINZ & HEIDI LEGAL DESCRIPTION: Lot(s) 81, IMPERIAL GOLF ESTATES, PHASE V, according to the plat thereof, recorded in plat Book 16, Pages 69 through 70, of the Public Records of Collier County, Florida. COST: $245,00 REFERENCE#: 1590 FOLIO #: 51544807501 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2001, ArrEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D. Carter, Ph.D.,Chairman Approved as to form and legal ~iency: ~ )O~ \;6 Thomas C. Palmer, Assistant County Attorney AGEJIOA Il'EM No. Ifc4( JUN 1 2 2001 F: LIEN! MSTR RESOLUTION Pi. if 0/' ~ BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN ABLINE, JACQUES & DANIELE % AMERICAN EXPRESS BANK POBOX 919 GERMANY, DATE: REF, INV.# 1593 FOLIO #: 51393800005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 95, IMPERIAL GOLF EST A TES PHASE I, according to the plat thereof as recorded in Plat Book 12, Page 61, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Propelty Appraiser, are hereby advised that the Code Enforcement Director, did on August 28, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No, 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY.FIVE ($45,00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FORTY. FIVE ($245,00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property, Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, FIOlida 34112 in writing within ten (10) days from the date of this notice. ... AGENDA No. lIP JUN 1 2 2001 F: LIENS! MSTR LNAL PI. C'?~ I 2 3 4 5 6 7 8 9 10 II 12 13 [4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSl\1ENT OF LIEN FOR THE COST OF THE ABATEl\1ENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No, 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: ABLINE, JACQUES & DANIELE LEGAL DESCRIPTION: Lot 95, IMPERIAL GOLF EST A TES PHASE I, according to the plat thereof as recorded in Plat Book 12, Page 61, of the Public Records of Collier County, Florida. FOLIO #: 51393800005 COST: $245.00 REFERENCE#: 1593 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 2001. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D.,Chairman BY: Deputy Clerk Approved as to form and legal sufficiency: -;-V~ ~J~ Thomas C, Palmer, ASSistant County Attorney ~4f JUN 1 2 2001 Pl- 8' F: LIEN! MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DEFRANCESCO, JOSEPH 1783 52ND STREET SW NAPLES, FL 34116 DATE: REF. INV,# 1628 FOLIO #: 36304600002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 30, Block 188, GOLDEN GATE, Unit 6, according to the plat thereof recorded in Plat Book 5, Page 134 of the Public Records of Collier County, Florida, You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 21, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDSILITTER: ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON. PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY, You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY.FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TWO.HUNDRED FORTY.FIVE ($245,00) DOLLARS, Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No, 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. ~ JUN 1 2 2001 p,. I..:?)) '> F: LlENSI MSTR LNAL 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. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No, 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DEFRANCESCO, JOSEPH LEGAL DESCRIPTION: Lot 30, Block 188, GOLDEN GATE, Unit 6, according to the plat thereof recorded in Plat Book 5, Page 134 of the Public Records of Collier County, Florida. COST: $245,00 REFERENCE#: 1628 FOLIO #: 36304600002 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNfY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D. Carter, Ph. D" Chairman Approved as to form and legal sufficiency: }tvV\. ?~~ Thomas C. Palmer, Assistant County Attorney AGENDA ITEM No./~141 JUN 1 2 200f PI. 3tf' F: LIEN/ MSTR RESOLUTION ,- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DOMINGUEZ, JULIO 74 ASHLEY ST BRIDGEPORT, CT 66101617 DATE: REF. INV.# 1608 FOLIO #: 36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier County, Florida, You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on August 03, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY.FIVE ($45.00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of TWO.HUNDRED FORTY. FIVE ($245,00) DOLLARS, Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. .r' AGaI)A IttM No. I~ A I JUN t 2 2001 PI. .59 P: LIENS! MSTR LNAL 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. 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No, 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No, 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twel ve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: DOMINGUEZ, JULIO LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier County, Florida, COST: $245,00 FOLIO #: 36247840000 REFERENCE#: 1608 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of , 200 I. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D.,Chairman BY: Deputy Clerk Approved as to form and legal sUfficien~ 9~ Thomas~lmer, Assistant County Attorney AGEN>A nnt No. 1~/l1 JUN 1 2 2001 Pi, ~t' F; LIENI MSTR RESOLUTION .- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN J M K INDUSTRIES INC., A Florida Corporation 2375 T AMIAMI TRAIL N, NAPLES, FL 34103 DATE: REF. INV.# 1585 FOLIO # 31055005252 LIEN NUMBER: LEGAL DESCRIPTION: Lot 22, Block M, Embassy Woods Golf & Country Club at Brettone Park, Phase One, according to the Plat thereof recorded in Plat Book 17, Page 47, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 16, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you, The nuisance is: WEEDS: ACCUMULA TION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES,. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FORTY. FIVE ($45,00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of TWO HUNDRED FORTY-FIVE ($245,00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice, r :JUt JUN 1 2 2001 PI. +'/ " F: L1ENS/ MSTR LNAL 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO, 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: J M K INDUSTRIES, INC. , a Florida Corporation LEGAL DESCRIPTION: Lot 22, Block M, Embassy Woods G6lf & Country Club at Brettone Park, Phase One, according to the Plat thereof recorded in Plat Book 17, Page 47, Public Records of Collier County, Florida. COST: $245,00 FOLIO #: # 31055005252 REFERENCE#: 1585 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,200t. A TrEST: DWIGfIT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D.,Chairman BY: Deputy Clerk Approved as to form and leg,' ,u~~ \'~ Thomas C. Palmer, Assistant County Attorney :r~~. JUN 1 2 2001 pt. *Y'~ F: LIENI MSTR RESOLUTION ,...- BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN LEE, DANIEL THOMAS, & DONNA M 4384 23RD PL SW NAPLES, FLORIDA 34116 DATE: REF. JNV.# 1607 FOLIO # 35648120003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10, Block 13, GOLDEN GATE, UNIT NO.1, according to the plat thereof, as recorded in plat Book 5, at pages 60 through 64, inclusive of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on July 20, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance IS: EXOTICSILITTER: ACCUMULATION OF PROHIBITED SPECIES ON UNIMPROVED LAND LOCATED WITHIN 200 FT. OF IMPROVED SUBDIVIDED PROPERTY AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE HUNDRED SIXTY-FIVE ($165,00) DOLLARS plus an administrative cost of Two.hundred ($200.00) dollars for a total of THREE. HUNDRED SIXTY. FIVE ($365.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. (', No. JUN 1 2 2001 F: LIENS! MSTR LNAL PI. ~ I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLUTION NO, 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No, 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU1\1"fY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEE, DANIEL THOMAS, & DONNA M LEGAL DESCRIPTION: Lot 10, Block 13, GOLDEN GATE, UNIT NO, 1, according to the plat thereof, as recorded in plat Book 5, at pages 60 through 64, inclusiv1e of the Public Records of Collier County, Florida, FOLIO #: 35648120003 REFERENCE#: 1607 COST: $365.00 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. A TIEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph. D" Chairman BY: Deputy Clerk Approved as to form and legal sufficiency: 16~, Q~ Thomas C. Palmer, Assistant County Attorney :j04( - JUN 1 2 2001 Pi, -i/.I,I' F: LlENI MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MORRISON, CHARLES C. & CHRISTINE C. 1810 KEAN AVE NAPLES, FL 34117 DATE: REF. INV.# 1627 FOLIO # 51390360001 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9, IMPERIAL GOLF EST A TES PHASE I, according to the Plat thereof, as recorded in Plat Book 12, Page 61, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 27, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: EXOTICSILITTER: ACCUMULATION OF PROHIBITED SPECIES ON UNIMPROVED LAND LOCATED WITHIN 200 FT. OF IMPROVED SUBDIVIDED PROPERTY AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE THOUSAND THREE HUNDRED FIFTY ($1,350.00) DOLLARS plus an administrative cost of Two-hundred ($200,00) dollars for a total of ONE THOUSAND FIVE HUNDRED FIFTY ($1,550,00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwan'anted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. -. :tr/f(: JUN 1 2 200f PI. ?IS- ( F: LlENSI MSTR LNAL 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, 2001-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No, 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM:MISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: MORRISON, CHARLES C. & CHRISTINE C. LEGAL DESCRIPTION: Lot 9, IMPERIAL GOLF ESTATES PHASE I, according to the Plat thereof, as recorded in Plat Book 12, Page 61, of the Public Records of Collier County, Florida, COST: $1,550.00 REFERENCE#: 1627 FOLIO #: # 51390360001 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this _ day of ,2001. A TrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk BY: James D. Carter, Ph.D.,Chairman Approved as to form and legal sufficiency: ~ \>J-~ Thomas J, Palm;r, Assistant County Attorney ~ JUN 1 2 2001 PI, f~ F: LIENI MSTR RESOLUTION EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "NAPLES WALK" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Naples Walk" CONSIDERATIONS: 1. On July 28, 1999, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Naples Walk". 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 ,JJI-. JUN 1 2 211\ ".. I Executive Summary Naples Walk Page 2 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Naples Walk" 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~~ 1l.U~ v~ John R. Houldsworth, Senior Engineer Engineering Review .~ I.., ,J . ~ Date REVI~ g 1W Thomas E. Kuck, P.E. Engineering Review Manager .s~Z9/~( Da e APPROVED BY: Dunnuck III, Interim Administrator ty Dev. and Environmental Svcs. s-/?'k, Date jrh :(t,#~ JUN 1 2 2001 .... r2 CURVATURE, : CURVATIJRE, NoT.$. GULF OF MEXICO LOCATION MAP AGENDA . No. Iff4d- JUN 1 2 200t PI. ~~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "NAPLES LAKES SHOPPING CENTER", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Naples Lakes Shopping Center", a subdivision of lands located in Section 15 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Naples Lakes Shopping Center". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177~ All fees have been paid. Security in the amount of 10% of the total cost --of the required improvements, and 100% of the cost of any remaining '.mprovements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Naples Lakes Shopping Center" be approved for recording. FISCAL IMPACT: The project cost is $465,911.60 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $245,098.60 - $220,813.00 The Security amount, equal to 110% of the project cost, is $512,503.00 AGEtCM ITEM No. I {f ft- !:;- JUN f 2 200f PI. I Executive Summary Naples Lakes Shopping Center Page 2 ---- The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $674.00 / plat review fee Development fees were paid on Site Development Plan No. 00-132 and were paid in March, 2001. GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Naples Lakes Shopping Center" for recording with the following stipulations: 1. Approve the amount of $512,503.00 as performance security for the required improvements. ~ AQEN)" No. t~ JJ- ?r JUN f 2 2001 PI. c1 Executive Summary Naples Lakes Shopping Center Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b, That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: .di?~~. t~l~ct;~th, Senior Engineer Engineering Review ~l ,,~L~\ Date REVIEWED BY: A f'\ /"'-"\ ""I f !1 ~ :XU)'lYl1U ,~~: ~(;~~G~~ Thomas E. Kuck, P.E. Engineering Review Manager .r- f ,g> '::? /.- JI4ot.\ K .,/ +:..r l-~/" I ~'__ JIM .-I's 4.}.' DJte' / APPROVED BY: 5k/~, Date John M Dunnuck III, Interim Administrator Commun'ty Development & Environmental Services jrh AGENDA I1'EM No. I~ II 3 JUN 1 2 2001 ...... PI. .....1 o l~~ RATIlESNAKE HAMMOCK RD, " ~ l() 01 J 0::: U \ '\. ',--- PROJECT LOCA TIOH N w E s 'LOCA TIO,NMAP ,.---- t:7f/~ ~ JUN 1 2 2001 PI. i ... EXECUTIVE SUMMARY ....-., REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "ISLAND WALK PHASE SIX", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Island Walk Phase Six", a subdivision of lands located in Section, 33 Township 48 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Island Walk Phase Six". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement ,.---. for Subdivision Improvements, shall be provided and accepted by the ?lanning Services Director and the County Attorneys office prior to the recording of the final plat, This would be in conformance with the County Land Development Code - Division 3.2.9, Engineering Review Section recommends that the final plat of "Island Walk Phase Six" be approved for recording. FISCAL IMPACT: The project cost is $820,024.09 {estimated} to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $396,936.00 - $423,088.09 The Security amount, equal to 110% of the project cost, is $902,026.50 ./""'"'"' . AGENOAITEM No. )G, A'i JUN 1 2 2001 Pg. / . Executive Summary Island Walk Phase Six Page 2 ,_. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $16,027.87 Fees are based on a construction estimate of $820,024.09 and were paid in April, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 812.00 b) Construction Drawing Review Fee Water & Sewer (.50% const. est.) - $1984.68 Drainage, Paving, Grading (.42% const. est.)- $1776.97 c) Construction Inspection Fee Water & Sewer (1.5% const. est.) - $5954.06 Drainage, Paving, Grading (1.3% const. est.) - $5500.16 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of II Island Walk Phase Sixll for recording with the following stipulations: 1. Approve the amount of $902,026.50 as performance security for the required improvements. AGENOAITEM ~'&m JUN 1 2 2001 Pg. ;( Executive Summary Island Walk Phase Six Page 3 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: ~lI.\...\ \AlAs '- ~ Jo n R. Houldsworth, Senior Engineer Engineering Review A12.i.l~\ Date REVIEWED BY: -r. r", i ( I) ~JMtUU ;,C: ~'1~ut Thomas-E, Kuck, P.E. Engineering Review Manager ;- - .;> g'~"-I ' ~~+'~~ Date . APPROVED BY: 56/01 Date John . Dunnuck III, Interim Administrator Commu ity Development & Environmental Services jrh AGENDA ITEM No'{ U frY JUN 1 2 2001 Pg, 3 13 18 17 16 15 14 13 PROJECT 24 19 20 21 22 LOCATION (C.R. 846) 24 NAPLES IMMOKAlEE ROAD 30 29 28 27 25 25 - .. 36 32 , .35 36 ... . ~_... . T 48 S (C.R, 862) i VNtl --.. T 49 S Ww 2 6 ~ -- 4 3 1 Ii) <D NN 5 -- ... I ... ~ ... . N a:: a:: ~ 7 I 12 - 9 10 11 12 NOT TO 8 ... 32 -, - . ... I - .. SCALE ... sa ... .. ... . 13 18 17 16 15 14 13 ... ,. LOCATION MAP AGENDA ITEM NO'l&~ JUN 1 2 2001 DESCRIPTION Pg. EXECUTIVE SUMMARY APPROVE BID #01-3221, "RADIO ROAD BEAUTIFICATION MSTU ROADWAY GROUNDS MAINTENANCE." OBJECTIVE: To obtain Board approval for the award of Bid #01-3221 for the Radio Road Beautification MSTU Roadway Grounds Maintenance for the remainder of FY 2000-2001 and for FY 2001-2002 to Commercial Land Maintenance, Inc. CONSIDERATIONS: 1, On March 15, 2001, the Purchasing Department sent notices to 46 vendors for grounds maintenance of the Radio Road Beautification MSTU roadway. 2. On March 28, 2001, a non-mandatory pre-bid meeting was held. 3. On April 10, 2001, four (4) bids were opened. Staff reviewed the unit pricing. Due to the fact that the lowest bid vendor's bid was incomplete, it was considered non-responsive. 4, Staff recommends award of this bid to Commercial Land Maintenance, Inc. as the lowest, qualified and responsive bidder. On May 14, 2001, staff presented the bids to the Radio Road Beautification Advisory Committee for their review. The Beautification Advisory Committee concurs with the recommendation of Staff, ,.- ~ FISCAL IMPACT: Funds are budgeted in the following manner: There is $35,000 forecasted for ~). the remainder of FY 2000-2001 in Fund 150 for maintenance, and $20,000 forecasted for the remainder of FY 2000-2001 in Fund 111 for side road servicing. For FY 2001-2002, there are monies budgeted in the amount of $140,000 in Fund 150 for maintenance, and $60,000 budgeted in Fund 111 for side road servicing. The total bid amount is $180,170.50. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #01-3221 to Commercial Land Maintenance, Inc. for the Radio Road Beautification MSTU Roadway Grounds Maintenance and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. ,/7~! /~ PREPARED By(~0 1>'~L-t..A-~'~---.-J BqbPetersen, Engineer II, L ,~_~",.~.,...J REVIEWED BY: :,c" REVIEWED BY: Cc~ - 1-" Of / REVIEWED BY: en ,~. REVIEWED BY: o DATE: Director 4 -If - 0 I. ".,."."""",,,,,,,,,._-- , AGENDA ITEM r-JO._lfpiLI_ JUN 1 2 2001 Pg.,-..--1-__ DATE: " r, AICP, Transportation Administrato ,,-- \,C ..,. +.; u ::: ~ Q) CI.l rJ) rJ) Q) Q) OJ) u ~ '..... ..... u 0 ro Z p.., Q) c:J = ... 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Q Q ... 0'\ ... u '8 u Co) '8 Q ... U ... U U ~ = ..s::: = .... = .. = .... .... <I.l 00 :::> \C) Co) :::> :::> Q '5j: :::> u :::> <I.l :::> ... Q .E ~ - - .... - ~ - = - .... = '-' s:: ~ ~ .Q s:: - ~ ~ ~ ;:l ~ .Q Q ~ .... .... = = ~ .... l... .... .... = ... ~ .... Q Q l:.I... .... Q Q Q .... A.. <I.l Cl E-< E-< 00 Q E-i E-< E-< E-< 00 ~ 00 Q a<:! E-< = U s:: ~ <I) = .D Q) Q = ~ - ,g <I) '"0 ... ~ ~ Q) <I.l ...... .... .... '"0 s:: s:: .Q Co) s:: s:: ~ ...: CIl Q Q) :g 8 0 = .~ 8 0 = = E-i s:: .!:l l... .!:l = ... ~~ ~ ...... ...... -= s ...... ~ ~ Q) Co) ?f? ?f? 00 ?f? ?f? ~ > <I) Q) l:.I... 0 Q) <I) 1.0 1.0 .: 1.0 1.0 Co) <I) ~ s:: o(l (.) '"0 Q) ..... II II Q) + + to:: = Q) s:: , I > <I) I I .-; ~ Q) ~ 0 <I) 0 Q Q) 0 <I) 0 .- = CIl .8 (.) E-< 0 Q) , Q) I (.) '"0 I Q) I I ~ 8 ~ S ...... .. 0 '"0 0 "0 ';:) 0 '"0 0 ~ ~ N -< , ...... , I ';:) I 0 Co) , ("I Co) ("I = ...... ("I ("I 00 ...... 0 ...... = .... :e ~~ t@ ]; 10-0 - -e - Co) - - Q) s:: N l... U U Q Q) U U I .... ~ I = Q) .. <I) Q) = r;j E-< U Q) <: 0 E-< <: ::r: <: ~ ..s <( ::c: <( .-; A.. N l... - ~ ~ :S ~ ~ .... ... = .; ..... .... ~ ..... l... e ~ S Q) ~ ~ ~ < = 00 s:: l... P- o ~ ,r- \C ~ .... t:: ~ C/.l CIl ~ .~ ..... 0 Z Cl.l C.J = .... .. ~ - ~ > a.:: ~ ~ .... C.J Cl.l .0' .. ~ ."'-- .. ~ ~ 00 ~ = = .... .... ~ C.J C .... .... ::I ~ Cl.l = -0.,..;""; ~~= = ~ :a~< ~== ~=tt:..... ---- ~ a5 I-< ~<2 ..... t:: 0 E::: .9 t)] ~ ::I .~ ..c 8 ~ p...E-<O '- 1 ~ - c::;) c::;) C"-I I ~ C"-I - ~ :z :::> 0 -, ci z a. ..... lI'l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 t:: '"0 00 lI'l 0 0 ~ 0 ~ ~ 0 ~ ~ 0 ~ 0 0 ~ 0 ~ 0 0 0 0 0; 0 N ~ C/.l t:: I"- lI'l --' 00 --' lI'l --' --' 1.0 ~ 0 0'\ 00 l"- N -.:t lI'l 0 ...... N CIl .....:l --' O~ 1.0 N 1.0 ~ ~ ~ --' ~ t\l --' lI'l U t\l 0 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 p... U .,..; lI'l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 = = C'! lrJ 0 0 0 0 0 0 0 0 0 0 0 0 0 lI'l lI'l M --' r- N ~ 0 0 0 0 0 0 0 0 0 0 0 N I"- -- 00 N '<t' 1.0 -.:t N -.:t 0 '<t' 1.0 '<t' 0 '<t' N r- ltl ~ .,..; 0.. I.O~ '<t' O'\~ lI'l --' 00 ~ 0 00 00 ~ N~ v-l -- ell ~ --' --' --' ~ U N N CIl '"0 @ (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 .....:l --' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ -.:t lI'l ~ 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 ..... ..... 0 -.0 0 0 0 0 0 0 0 0 0 0 0 0; ell CIl 0'\ 00 --' ell \0 0 --' N 00 --' 00 N 0 --' 0'\_ --' 0 lI'l --' N ?f 0 I"- ~ c-t N N 0'\ lI'l 0 -.:t U I"-~ --' N~ ..... N ..... CIl CIl ~ 0 ~ (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 p... ~ lI'l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 lI'l 0 0 0 0 ~ 0 0 0 ~ ~ 0 0 ~ ~ 0 (J) ell 0 I"- 0 0 0 0 lI'l 0 0 0 lI'l lI'l 0 0 lI'l lI'l lI'l - .....:l 0 0 0 lI'l 0 N 0 lI'l lI'l N N N 0 r- --' 00 0 '"0 --' ~ \O~ l"- I"- N N O~ 00 lI'l C") ~ I.O~ lI'l N --' -:i CD u --' --' OJ @ C1l c... ~ (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 (,17 < .... -:;- .... -:;- 'i:' .... ~ .... 00' .... -. .... ~ .... S tl~ fI) fI) fI) fI) fI) l/) fI) fI) ~ = fi = ~ = - = M = ~ = '-' = l/) =M U U Cl.l Cl.l U '-' U '-' U U .... U '-' U'-' .Q =:l Cl.l e .... .... .... (Il .... - .... .... .... ~ .... fI) .... fI) .... fI) .... = .... fI) .... (Il 'a = .a .... = .... ~ .... ~ .... U .... ~ ~ .... Cl.l = = = = = .... = = ;;J l/) ;;J M ~ ;;J U ;;J U ;;J U ;;;;l - ;;J U ~ ;;JU C'\ ~ .... QQ - - - ~ - .Q - Cl.l ~ ~ ~ .... ~ ~ .... 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In 0 0 0 ~ 0 ~ ..... oi ..... d M d \0 d " 0 o:i- M d 00 d d C"l d - '<:t \0 t- O 0 00 0 '<:t t- N ~ M ~ 0'\ ~ \0 t- M C"l - \0 '<:t \0 - ~ 0 0'\ ~ ~~ .n \tS \tS \tS 0 \0 00 - - In 00 ..... 0 EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In In In C! 0 '..c: II") 0 In 0 0 C! '..c: 0 C! C! ~ 0 00 \0 00 II") oi \0 00 d " ~ 0 0'\ In d In II") 0 d Cl) r- OO M 0'\ \.Q 0 00 00 t") - C"l C"l C"l '<:t \0 ~ O~ ~ - C"l \O~ O'\~ ~ O~ M., 0 In - M \tS .n M ..... ..... - M II") 00 C) - N N N ..... 0 CI) '"r::l - C"l j EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 II") 0 In 0 0 0 C! 0 C! In C! 0 ..... d 0 d d oi o:i- d oi \0 d oi c--.l d CI) 0 00 00 0 In ~ ..... 0'\ - 0 - C"l \0 0 \0 - In ..... M 0 0 - ~ C"l ~ C"l 0 - \0 \0 ~~ - r- C"l~ 0 \0 00 t- U t-~ r-: C"l~ C"l~ - 00 In 00 ..... ..... - M M N C"l CI) - C"l Cl) ~ EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f ~ EI:f EI:f =: 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 In 0 0 ~ In ~ C! 0 C! 0 Ol d 0 c--.l d d d \0 d " 0 d In 00 II") In d In d "- ....:l - 0'\ - C"l \0 00 r- ~ 0 0 In 0'\ ~ C"l M M '<:t II") ..... '"r::l - ~~ In 0'\ OO~ - \.Q~ t- r- \0 t- \ r-: 0\ ~ O'\~ t-~ 0 Cl) In t- \0 II") In ~ C) '<:t C"l ..... ..... C"l I ~ - . .~ a. ~ EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f EI:f < .... ~ .... S - ;-- ;-- (Ij ~ - - "l:l ~ (Ij (Ij ~ (Ij N : .... Cl) = ;;;.;. = e .... ~ U "l:l ~ !Xl Cl) I-< U U (Ij ~ .... ~ .... = L c.l ~ i (Ij !Xl .... ~ .... - u t: .... = .... 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EXECUTIVE SUMMARY ..........- APPROVE RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR THE HALDEMAN CREEK BASIN RESTORATION PROJECT, RFP #01-3216 (PROJECT 31011) OBJECTIVE: To receive Board's approval of the Selection Committee's ranking of firms for the Haldeman Creek Basin Restoration Project and to begin contract negotiations, starting with the top ranked firm, for subsequent Board approval. CONSIDERATIONS: On March 8, 2001 the County Manager appointed a selection committee to review the proposals for RFP #01-3216. The proposals are for the design and permitting of activities (e.g. channel dredging, shoreline protection, etc,) for the Haldeman Creek Restoration Project. RFP #01-3216 was issued, and three (3) complete proposals were received on March 30,2001. The list of complete proposals and the Selection Committee's tabulation and ranking matrix are submitted as attachments. One of the initial tasks that will be negotiated in the design consultant's Scope of Work will be an analysis on the feasibility of obtaining all required environmental regulatory agency permits to allow channel dredging and shoreline stabilization construction, Ultimately, it is proposed that an assessment district will be established to provide funding for the construction costs, but there are certain pre-assessment costs (design, permitting and administrative costs) that must be incurred before an assessment district can be /-- established. Funding in the amount of $150,000 for the estimated "pre-assessment" costs was approved by he BCC on December 12,2000 [Agenda Item 16(D)(5)], This funding is to come from Stormwater Management Department Reserves and, as noted in the following fiscal section, will be divided between two fiscal years. The Haldeman Creek Basin Restoration project has been created in the following account numbers: Fund: 325 (Water Management CIP) Cost Center: 172984 (Haldeman Creek Facilities) Project No.: 31011 (Haldeman Creek Basin Restoration) The Selection Committee reviewed the three (3) qualified proposals and ranked the firms for contract negotiations as follows: 1, Woods Hole group 2. Hans Wilson & Associates 3. Cutcher & Associates ~ISCAL IMPACT: Funding for the "pre-assessment" costs, as approved by the Board on 12-12-00, will come from Stormwater Management CIP Fund (325), A budget amendment will be processed to transfer $75,000 from Stormwater Management Department Reserves for Capital Outlay, If the consultant's initial evaluation concludes that the project is feasible and permittable with the applicable environmental regulatory ..-agencies, the Stormwater Management Department will provide the additional $75,000 during Fiscal Year )1/02, Source of funding is ad valorem taxes, ~N~,=M No. ~ JUN 1 2 200t \ Pg, Executive Summary Haldeman Creek Basin Restoration Page 2 of2 .- GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Selection Committee's ranking of firms submitting complete proposals and authorize staff to begin contract negotiations, starting with the top ranked firm, for the Board's subsequent approval, and approve the necessary budget amendment. SUBMITTED BY: ~~.:t:.. S.. 1+,'Jt',l.e~ Peter S. Hayden, E.!., Project Manager Stormwater Management Department Date: 5 -- 2.. "1' - 2-<.:;.:..) I REVIEWED BY: Date: S-29-0/ Robert C. Wil , P.E., Senior Project Manager Stormwater Management Department REVIEWED BY: r REVIEWED BY: APPROVED BY: Attachments: ;:frlwv John H. Boldt ,E., P.S.M" Director Storm water Management Department Date: i!:~ @/ C/~~ Steph n Y. Cartfull, Director Purchas' g DeRartment Date: Date: Complete Proposal List Selection Committee Tabulation and Ranking Matrix s- .:29-tJl '-- 0-21-0/ . );2'-01 NO~G~ JiM JUN 1 2 2001 Z Pg. Ma,..21-91 12:31 FrOl-Collier Count1 PurchaiiDl 941 T32 08" T-(30 P-001/002 fa211 ....... TABULATIONFORRFP #01-3216 "Professional Fn~ Services for Haldeman Creek Rc:$fOlation Project" DATE OF RFP ADVERTISEMENT: 0310901 RFP DUE: 03/30101 NO. OF INQUIRIES SENT: 139; VENDORS REQUESTED FULL PACKAGE: I I I rr I I I I I t i I I I I I I I I I I I I I I I I , I I I I r I I r I I I I I I I I I I I I Jr Jr I I I I I l I I I I I I 1 I er City 7 State .n-ivina1 + 5 Copies Cutcba &. .Assoc. Palm Beach, Fl X Yes DNo Hans Wilson & Assoc. Ft. Uv...... Fl X Yes No Woods Hole - St. Petersbu:r~ FI X Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No i ~~ ~ ~L UJ~ N:j~~~ JUN 1 2 2001 3 Pg. Mar-21-o1 12:31 Fra.-Collilr County PurchasiRl 941 732 0844 T-430 P.002lO02 F-261 evALUATION RECAP- FINAL RANKING STANDARDS RFP 1101-3218 HProfessionaJ Engineering Services for Haldeman Creek Re.tu.cdion Proj8Cr NUMBER OF 1 NUMBER OF NUMBER OF NUMBER OF SUM OF PLACE PLACE sF<<> 41H PLACE RANKING NAME OF FIRMS RANKlNGS RANKlNGS PLACE RANKlNGS SCORING RANKlNGS CuIdler & As&ociates 111 If 8 Hans Wilson & f II II Assooiates A Cf Woods Hole Group fill I J3 FlRMlRANKlNGS FIRST SECOND THIRD WCf)d~ ~ G~' IIp,nS Wi'lsdn It-M .,.46!"tf6tA.ks ~kJ(ji~ iti-vi "c/.1.4 t'-eld~. FOURll-f ~~~ DIM; -t/wltJi !JitlJlL ":'fi/I-J!cl LI!f-ktF> " : .aid , , ." NOTE: Ranldng scoring is determined by multiplying each 11t Plaoe RankiRg by 3 points, each ~ Place Ranking by 2 points, and each sr4 Place Ranking by 1 ''Points. The Final Ranking order is detem1ined by the highest to lowest Ranking Scoring totals. No~~~A~M JUN 1 2 200t pg.~ .....-. ..... ,.,-'" EXECUTIVE SUMMARY APPROVE WORK ORDER NO. RCS-FT-01-02 WITH BETTER ROADS, INe. FOR RESURFACING A PORTION OF FOREST LAKES BLVD. FOR THE FOREST LAKES MUNICIP AL SERVICES TAXING UNIT (MSTU). OBJECTIVE: To receive the Board of County Commissioners approval of Work Order # RCS- FT-01-02 for resurfacing of Forest Lakes Blvd, CONSIDERATIONS: The Forest Lakes MSTU Committee desires to have the entrance of Forest Lakes and approximately 2,530 feet of Forest Lakes Blvd. resurfaced, Three proposals were received as show below. Better Roads, Inc. AP AC-Florida Inc, I Bonness Inc, $59,053.30 $77,405.20 I $74,503.35 Better Roads submitted the lowest cost proposal. ~ FISCAL IMPACT: Funds in the amount of$59,053.30 will come from Fund 155, Forest Lakes \~. MSTU. ,..--- GROWTH MANAGEMENT IMP ACT: None RECOMMENDATION: That the Board of County Commissioners approve Work Order No. RCS-FT-OI-02. SUBMITTED B&-e ~">i;J-r~ Bob ~..~ e sen, Engineer II, Landscape Operations ~ . REVIEWED BY: . P~fUliCh, AS REVIEWED BY: i/l!P',; 7:i -pI Edwar DATE: 5- 2<-( LV APPROVED BY: No n E. Feder, AICP, Transportation Administrator DATE: S-ZI-0 I DATE: f-- Z 1- c DATE: Y,'2-1_o ( AG~f'tIDa..FfEM No,~ JUN 1 2 2001 I ,,-- Pg. WORK ORDER # RC5.FT -O1"()2 "Annual Contract for Roadway Contracts" Contract #98-2905, Dated March 9, 1999 This Work Order is for Roadway Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: PROJECT: Road work for Forest Lakes Blvd. The work is specified in the proposal dated 4/24/01 which is attached hereto and made part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #RCS-FT-01-02 is assigned to Better Roads, Inc. SCODe of Work: As detailed in the attached proposal and the following: Task I: Area #1: Milling, Asphalt, Manhole Risers, Repair Curb, Striping Task II: Area #2: Milling, Asphalt, Manhole Risers, Striping Schedule of Work: Complete within 60 days. Comoensation: In accordance with the Agreement, the County will compensate the Firm in accordance with the amounts provided in the schedule below. I.ill...1 Quantity JJ.ni! Rate Total Mill 6,747 SY $ 1,10 $ 7,421,70 Asphalt 759 TN $ 40.10 $30,435.90 Manhole Risers 9 EA $ 110.00 $ 990.00 Repair Curb 25 LF $ 44.00 $ 1,100,00 Striping 1 LS $1,620,00 $ 1 ,620,00 Total $ 41,567.60 Mill 3,111 SY $ 2.30 $ 7,155.30 Asphalt 156 TN $ 58.40 $ 9,110.40 Manhole Risers 2 EA $ 110.00 $ 220.00 Striping 1 LS $1,000.00 $ 1.000.00 Total $ 17,485.70 Grand Total $ 59,053.30 !!ill Approved By: Date r-- ATTEST: (Corporate Secretary) By: i)U &.s'/"~l SoL LJZLW-Lb1~ ~,...(!/~ Type Name and Title ACCEPTED BJ: Date: 4//?S': 0/ 23,G';rrE;z.- /;?()/l.o 5 , Name of Firm \\,\\111111/1111, ,\\'~Q. An.t. i\:.!'J~/, ,,'~,,\'v:.:~:":':" .~. &~/~~ ~<l~ ,," ". ~.'tl ". j"qr,.... ...... \. ~ :' ~~OIl.4);... ~ .: : t.J ~":-= ~ l. SEAL .J ~ '\ .........98....... / ~ ..1......3. ...~ "'"",~L ORItl t",\\\\\ ~ /N( Note: BCC needs to authorize the dollar amount and requ authorize the Transportation Operations Director to execut part of your Executive Summary. EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO.1 TO WORK ORDER NO. WD-129 WITH MITCHELL AND STARK CONSTRUCTION CO., INC. (PROJECT NO. 31803) OBJECTIVE: To obtain Board of County Commissioners approval of Change Order No. I to Work Order No. WD-129 with Mitchell and Stark Construction Co., Inc. This Change Order is for adjustment of final quantities and final payment of this completed Work Order. CONSIDERATIONS: On May 23, 2000 the Board approved Work Order No. WD-129 with Mitchell and Stark Construction Co., Inc. for installation of storm drain pipe and inlet boxes along Kirkwood Ave. as a part of drainage improvements within the Gateway Triangle area. Site conditions encountered during construction required an increase in quantities for limerock base course and asphalt as well as modifications to one storm drain inlet. ~'-FISCAL IMPACT: The original Work Order amount was $94,218.00. This Change Order No. \, 1 is for an increase of$IO,389.00 which will bring the total amount of the Work Order to $104,607.00. Funding in the amount of$10,389 is available in Fund 325 (Water Management CIP), Project No. 31803. Source of funds is ad valorem taxes. .~ GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Approve Change Order No.1 to Work Order No. WD-129 with Mitchell and Stark Construction Co., Inc. and authorize the Stormwater Management Director to sign for the Board, SUBMITTED BY: ;::P~ Robert C, Wile , P.E., Project Manager Storm water Management Department Date: S-31-0! REVIEWED BY: ;f'b~ ~ John H. Bold ,E., P.S.M. 1- - Stormwa Management Director Date: S-- 3 t') - 0/ No an Feder Tra sportation Division Administrator Date: S- --70 - 0 I APPROVED BY: No~GE7~~ITCC- JUN 1 2 2001 Pg, .--L- /"""" '. /' CHANGE ORDER TO: Mitchell & Stark Const. Co., Inc. FROM: Collier County Government 6001 Shirley Street 3301 East Tamiami Trail, Bldg. H Naples, FL 34109 Naples, Florida 34112 Project Name: Kirkwood Ave. Extension Drainage Construction Agreement Dated: June 15, 2000 Bid No.: 98-2783 Change Order No.: 1 Date: 12-28-00 . Change Order Description: (Attach justification and supporting documentation for this change,) Adjustments to quantities of seeding, sodding, asphalt, limerock base, asphalt overlay from the engineer's estimate, and modification of one inlet box to meet existing conditions in a parking area. Original agreement amount ................. ............... ............... ................$ Sum of previous change orders amount ............................................$ This Change Order Amount [add] [delete] ,.......................................$ Revised Agreement Amount .................................. ,............................ $ 94,218.00 0.00 10.389.00 104,607,00 Substantial Final Original contract time in calendar days .................................................. 60 Adjusted number of calendar days due to previous change orders ......... 0 This change order adjusted time is .......................................................... 89 Revised Contract Time in calendar days ,................................................ 149 Original Notice to Proceed date .................................................. Completion date based on original contract time ........................ ._- Revised completion date .... .........., ..,.... ,. '.., ..........., ..... ,., ,.,.., ,........ June 16, 2000 August 15,2000 November 27,2000 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the change set forth herein, including claims for impact and delay costs. Approved by: 7.4C~ Robert C. W: ey, P.E., Project Manager Stormwater Management Department ~~-- ......... Brian Penner, Vice President Mitchell and Stark Construction Co., Inc. J~it.f11t1:irector Stonnwater Management Department Date: /-9-~/ Prepared by: Accepted by:. , Date: ;/9/0 ( Date: ~rl~ qEM No. . 0 JUN 1 2 2001 Pg. ~ or Use by Owner: Fund: 325 Cost Center: 172984 ...;\Forms\Change Order Master.doc Revised 07/28/00 Object Code: 763120 Project No.: 31803) EXHIBIT D CHANGE ORDER CHANGE ORDER NO. 1 - Final CONTRACT NO, P.O. 005784 / WD-129 TO: Mitchell and Stark Construction Co" Inc, 6001 Shirley Street Naples, FL 34109 DATE: November 5, 2000. PROJECT NAME: Kirkwood Avenue Extension Drainage Improvements PROJECT NO,: 31803 Under our AGREEMENT dated June 15 .2000. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: FOR THE [Additive (Desl::Islive)] Sum of: ($ 1 O. 389.00 ), TEN '!HOUSAND THREE HUNDRED EIGHI'Y-NINE OOI..I..ARS Original Agreement Amount $ 94,218.00 Sum of Previous Changes $ 0.00 This Change Order (Add) (Deduct) $ 10.389.00 $ 104,607.00 Present Agreement Amount The time for completion shall be (increasedl~fiI by 59 calendar days due to this Change Order. Accordingly, the Contract Time is now ( 149 ) calendar days. The substantial completion date is 11-11-00 and the final completion date is 11-77-00 ' Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: November 5, ,2000 CONTRACTOR: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 411 MITCHELL AND STARK CONSTRUCTION CO" INC. p~ -- By: By: DESIGN PROFESSIONAL By: NO~GE7~~ JUN 1 2 200t ?Y Pg. FINAL EXHIBIT C FORM OF CONTRACT APPLICATION FOR PAYMENT TO: RobertWi/ey, Senior Project Manager Stormwater Management Department Collier County Board of County Commissioners Bid No, 98-2783 Project No, 313803 Application Date 11-05-00. FROM: Brian Penner, Vice President Mitchell and Stark Construction Co., Inc, 6001 Shirley Street, Naples, FL 34109 Payment Application No. 2 - Final for Work accomplished through the Date: RE: Kirkwood Avenue Extension Drainage Improvements OriginaJ Contract Time: Revised Contract Time: 11 9 Days 149 ~yc: Percent Work completed to Date: Percent Contract Time completed to Date 100 o % % Original Contract Amount: Total Change Orders to Date Revised Contract Amount Total value of Work Completed and stored to Date Less Retainage Total earned Less Retainage Less previous payment (s) $ 94,218.00 $ 1 0, 389.00 $ 104,607.00 $ 104, 607.00 $ 0.00 $ 1 04,607.00 $ R1.764.80 AMOUNT DUE THIS APPLICATION: $ 20,842.20 ATTACH SCHEDULE OF VAlUES AND ACCOMPANYING DOCUMENTATION TO THIS APPLICATION CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress paymr received from OWNER on account of Work done under the Contract referred to above have been applied to dischargl.. full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through _ inclusive; (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment. free and clear of all liens, claims, secudty interests and encumbrances (except such as covered by Bond acceptable to OWNER); (3) all amounts have been paid for work which previous payments were issued and received from the OWNER and that current payment is now due; (4) and CONTRACTOR agrees that all overruns as shown on the monthly estimate summary shall, in fact, be added to the revised contract and shall be incorporated into a future Change Order. By CONTRACTOR: Mitchell and Stark Construction Co., Inc. ~~ Brian Penrftir, Vice President DATE: 11-0?2000. Payment to the CONTRACTOR for the above AMOUNT DUE THIS APPLICATION is approved: By OWNER'S Project Manager. Robert C. Wiley. P.E., Senior Project Manager Stormwater Management Department DATE: ., No~GENpa,~~_ JUN 1 2 2001 5 , Pg, w w "tJ ~ ~ ~ ~ ~ .... ~ ~ f? f? ~ ~ z w w 9 m -" N N N W Ul Ul c- 5:: w '{' '{' 9' .... N -" 9 ~ ;0 -" -" -" ~ '{' .... '{' I 0 3:-1 "tJ m .... -" 3: 9 -" -" -" -" -" I\,) .... 9 -" wm a x ~ 9 ~ . I . lJ ~ ~ 0> ':"" -" . -" ." W ~ W -" . -" m3: CD ::r -" w -" Ul P N N .... ... ... 0 0 Ul W ... -" ... ::c a a; .--- ~ c ~ ~ 3: C') ~ -" -" 0 S? f ~ (n (n 3: 3: z =l III (') ~ !l: ~ ~ Oil u: ~ -t m 8 en i ~ ~ ~ . m m 2 ~ f;l '0 ;0 ~ z ~ ::c ::c ::t c 0 ;= ~ ,... ~ C') C') aJ aJ ~ Z Z ~ i z.;; g ~ "tJ "tJ 0 3 (n G'l G'l "" ~ ~ i '0 ~ ~ ~ ?C f [ j r C') 'TI ~ ~ m c:: . ~ i c ~ CIl ~ S ril ! 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W .... 0 (X) ~ W IV -..J W ~ ::5~ )>0"'00 ~.... 0"\ W .... \0 \0 ~ ..... 0 \0 \0 W 0 -..J W 0 W -1::01""-1 ~~ 0 (X) U1 IV 0 U1 0 ..... 0"\ W .... 0'\ (Xl 1.0 0'\ 0 00 mm~> -..J \0 0"\ ~ U1 N (X) (X) ..... 0 IV N (Xl 0'\ 0 0 0 00 o r -1m ~ 00 ~ I 0 (')"'0 3~ .... ..... .... .... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... .... Om 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3:::0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 "'0(') r-m ~~ m -Iw I I I I I I I I I I I I I I I , 0> 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~~ I I I I I I I I I I I I I I I , m(') ::rm I I I I I I I I , I I I , I I I I I ~~CENft.R ttt 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I I I I I , I , I , , , I I I I , , > 1 2 2 01 T ~ ~UN m I Pg. iI EXHIBIT B RELEASE AND AFFIDAVIT FORM COUNTY OF COLLIER ) STATE OF FLORIDA ) Before me, the undersigned authority, personally appeared Brian Penner who after being duly sworn, deposes and says: (1) In accordance with the Contract Documents and in consideration of $ 20,842.20 paid, Mitchell and Stark Construction Co., Inc. rContractor") releases and waives for itself and it's subcontractors, material-men, successors and assigns, all claims demands, damages, costs and expenses, whether in contract or in tort, against the Board of County Commissioners of Collier County, Florida, relating in any way to the performance of the Agreement between Contractor and Owner, dated June 17th , 2000 for the period from 8-20-00 to 11-05-00. (2) Contractor certifies for itself and its subcontractors, material-men, successors and assigns, that all charges for labor, materials, supplies, lands, licenses and other expenses for which Owner might be sued or for which a lien or a demand against any payment bond might be filed, have been fully satisfied and paid. (3) Contractor agrees to indemnify, defend and save harmless Owner from all demands or suits, actions, claims of liens or other charges filed or asserted against the Owner arising out of the performance by Contractor of the Work covered by this Release and Affidavit. (4) This Release and Affidavit is given in connection with Contractor's [met'tthlylfinal] Application for Payment No.~. CONTRACTOR \~~---\Ji~ - BY: MITCHELL AND STARK CONSTRUCTION CO., INC. ~ Brian Penner, Vice President Witness (1) ~ ~ , --:.-J... \+--~ DATE: November 5, 2000. Witness (2) [Corporate Seal] STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this 5th day of November . 2000, by Brian Penner , as Vice President of Mitchell & stark Const. CO., Inc.. a TM; ;:In;::! corporation, on behalf of the corporation. He/she is personally known to me or has produced as identification anoJlKK(olo not) take an oath. ...:::,'fX'f~S;", Morris Sons f~~~" dl"~;: MY COMMISS10N # CC618042 EXPIRES \",-,:.~.~} January 7, 2002 .1;;.0;....:.0>:.." 80NDED THRU TROY<AlN !NSU~ANCf. W:. ""lfd"~ k ~,-- (Signature of Notary) NAME: r-t:>rris Sons (Legibly Printed) My Commission Expires: (AFFIX OFFICIAL SEAL) Notary Public, State of Commissioner No.: Florida CC678042. No~GE1(~Ettt JUN 1 2 2001 pg.7 EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING THE CHAIRMAN TO ENTER INTO A LANDSCAPING INSTALLATION AND MAINTENANCE HIGHWAY AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. OBJECTIVE: For the Board adopt a Resolution for U.S. 41 N (between CR 869 (Pine Ridge Road) and Gulf Park Drive) landscaping project, therein authorizing the Chairman to execute a Highway Landscaping Installation and Maintenance Agreement with the Florida Department of Transportation (FDOT). CONSIDERATION: Pursuant to the Fiscal Year 1999-2000 Adopted Budget, the Board of County Commissioners approved a project sequence and timing plan for implementing landscape beautification improvements along U.SA1 North (SR 45) between County Road 896 (Pine Ridge Road) and Gulf Park Drive, a County Road. The landscape segment is approximately 1.3 centerline miles and is to be funded by Collier County. Collier County is required to enter into agreements for the maintenance of landscaping improvements within FDOT rights-of-way. The attached resolution fulfills this state requirement. ,..-- ~ FISCAL IMPACT: U.S. 41N project is funded from the MSTD General Fund (111). Estimated ~ construction costs are $502,000.00, $250,000.00 of which is being provided by the Pelican Bay Property Owners to reimburse Collier County. The fiscal impact associated with this project is maintenance for the east right-of-way edges, landscaping and irrigation improvements (2.6 total miles of improvements) at an estimated $210,000.00 per year. Pelican Bay Service Division to maintain 1.3 miles of west right-of-way edge. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution for the U.S. 41 North (between CR 869 (Pine Ridge Road) and Gulf Park Drive) Landscaping Project; authorizing the Chairman to execute a Highway Landscaping Installation and Maintenance Agreement with the Elorida Department of Transportation (FDOT); and, authorize staff to provvy dtUm~:cessal)' to carry out the Board's dire~on~ . PREPARED BY: ~-() -/;-C ;(.~~ Date:.:::;>' .)(- u/ Bob Petersen, Engineer II, Landscape Ope -c:? / REVIEWED BY: / Date: 5' :f/: 0 / ape Operations Manager " Date:~J ansportation Operations Director / Date: ?;6/ rman E. Feder, AICP, Transportation Administrator REVIEWED BY: APPROVED BY: "..-" NO~~I~ JUN f 2 200t Pg. \ ,- RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN TO ENTER INTO A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION AND MAI:l'.'TENANCE OF LANDSCAPING AND RELATED BEAUTIFICATION IMPROVEMEl'.'TS LOCATED ON A PORTION OF STATE ROAD 45 (US 41, TAMlAMI TRAIL) BETWEEN CR 896 (pINE RIDGE ROAD) AND GULF PARK DRIVE WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the median and roadside areas within the State of Florida Department of Transportation, SR 45 (US 41, Tamiami Trail) right-of-way between CR 896 (pine Ridge Road) and Gulf Park Drive (a County Road) are capable of receiving and sustaining landscape beautification improvements; and WHEREAS, pursuant to adoption of the Fiscal Year 1999-2000 Adopted Budget, the Board of County Commissioners approved a project sequence and timing plan for implementing landscape beautification improvements along SR 45 between CR 896 (pine Ridge Road) and Gulf Park Drive (a County Road) the landscape segment (approximately 1.3 miles), is to be constructed wholly with Collier County funding; and WHEREAS, the Board of County Commissioners intend, through the adoption of this Resolution, to authorize the Chairman of the Board to execute and enter into a Highway Landscaping Installation and Maintenance Agreement between the Board of County Commissioners of Collier County, Florida, and the Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COlTh'TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION I. The Board of County Commissioners of Collier County. Florida, hereby direct and authorize the Chairman of the Board to execute and enter into a Highway Landscaping Installation and Maintenance Agreement for median and roadside landscape beautification improvements along SR 45 between CR 896 and Gulf Park Drive CR 86.; (approximately 1.3 miles) within the unincorporated area of Collier County. SECTION 2. The Clerk to the Board is hereby directed to fOlWard a certified copy of this Resolution to the Florida Department of Transportation, Bartow, Florid , AGKN~ ITEM pt~' Q '.) JUN 1 2 2001 Z, Pg. SECTION 3. This Resolution shall take effective immediately upon a. ADOPTED by the Board of County Commissioners of Collier County, Florida at regular meeting assembled this day of .2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTI' COMMISSIONERS OF COLLIER COUNTI', FLORIDA By: By: JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: ~/~( j ~/\ Robert Zachary Assistant County Attorney AGE~A ITgM No. DS JUN 1 2 200t 3 Pg. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ffiGHW AY LANDSCAPING INSTALLATION AND MAINTENANCE AGREE:MENT THIS AGREEMENT, made and entered into this _ day of ,20 -' by and between the STATE OF FLORIDA DEP ARTl\1ENT OF TRANSPORTATION, hereinafter referred to as the "DEP ARTl\1ENT", and Collier County Board of County Commissioners, hereinafter referred to as the "AGENCY". WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 45 as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape development improvements within the unpaved areas within the right-of-way of State Road 45; Section 03010 from Mile Post 5.829 to Mile Post 7.191, hereinafter referred to as the "PROJECT"; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution dated hereto and made a part hereof, has authorized its this Agreement on behalf of the AGENCY; , a copy of which is attached to enter into NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: (a) Ascertained the location of all existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on 9/14/00, t'o the following utilities/municipalities: FPL, Collier County Public Works, Sprint and Media One Cable. (b) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities descrj.bed hereunder. Outdoor advertising is specifically excluded from this Agreement in Section 479.11, Florida Statutes. '..L NO~~~ JUN 1 2 2001 -4 . Pg. 2. The AGENCY hereby agrees to install the landscape improvements in accordanc-e with the Landscape Development Plan included as Exhibit "A", attached hereto and by this reference made a part hereof. Such installation shall be in conformance with Rule 14-40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-001-c), as they may be amended from time to time. 3. The AGENCY agrees to maintain the landscape improvements in accordance with the T ecbnical Maintenance Plan included as Exhibit "B", attached hereto and by this reference made a part hereof. 4. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEP ARTJ.\.1ENT's personnel and charge the AGENCY for the \ reasonable value of said work. (b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the right-of-way to its original condition and charge the AGENCY the reasona,ble value for such work. 5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY shall indemnify, defend, save and hold hannless, the DEPARTME1'l"T 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 breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from th_e negligence of the DEPARTMENT or any of its officers, agents or employees. 6. The AGENCY covenants to keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY's self insurance program. 7. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right-of-way returned to. its original condition. If, after thirty (30) days, the landscape improvements have not been removed, the DEP ARTJ.\.1ENT may, at its option, proceed as follows: (a) Maintain the landscape improvements within the limits of s No~~geS projWft 2001 Pg. ..s -- DEPARTMENT's contractor or personnel and charge the AGENCY for the reasonable value of said work; OR (b) Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the right-of-way to its original condition, and charge the AGENCY for the reasonable value of such work. 8. The term of this Agreement commences upon execution by both parties. 9. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 11. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. COLLIER COUNTY BOARD OF COUNTY CO.M:MISSIONER STATE OF FLORIDA DEP ARTMENT OF TRANSPORTATION BY: TITLE: BY: District 'Secretary ATTEST: TITLE: (SEAL) ATTEST: Executive Secretary (SEAL) Legal Review: District Legal Counsel ---.. No. JUN 1 2 2001 G Pg. For Aeenda Only: EXHIBIT A: Copy is too voluminous for agenda package. Copies of this document are on file with Transportation Operations Department, 2705 Horseshoe Drive South, Naples, Florida 341004, (941) 774-8494. The document is referenced as U.S. 41(S.R.45) Tamiami Trail North, FDOT RCI Section #03010, Mile Post 5.829 to Mile Post 7.191, Prepared by McGee & Associates, Landscape Architecture, Sheets PI -P9, Sheets 11-19. EXHIBIT B: Technical Maintenance Plan referenced from U.S. 41 (S.R. 45) Tamiami Trail North Construction Package, Sheet P9 of 9 (Exhibit A). No~~rs JUN 1 2 2001 "7 Pg. EXHIBIT liB" - : I I i I I I i I I \ I I I 1ft l:C <.> g g ~ [ c '" R w z ... Q 3 III 14 >< >< ... III f~~ - >-- >- a: - i 3 ...... ~ ~ .111 ~~ g a N > g :::; ~~~ 0 .... ;:: ~.* i z 0 I a: lI:l :>':. 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I-~ g~ e!iE . :l{ii:~ w~~ ow- er w o~ 8 ~~ I-wCZ: o~~ i~ ...I-~ ;\i !clf glf~8eS .~ :s",w ~Q . 013 "I~ i~<;> ~... ti~~ 13::> 1i~Ol:);~~ ~ t3~~ ti~ ,- ~-~ ~a: LLi;;'" ~ ~ ~~Zj ~< ~fl ~b~~ - >< ~lJja: g !z:~ ... ~",~~~ffi~ ~ a: %", 0'" ~&!l! ~~ No. .... '"' w< .... <Ilio ;~ ~~~ N ~ f~ 88 .... ~~~ 2l~ 8 ~ - ... -< ii ~ O~ l-- _'UN 1 2 2001 ) :r .., C) ~ ; ~ Pg. W % ~ <I) A s: ,.,::l X ~ '" ~ ~ l:) ~ ~~ ~ S <;>12 ~ 0 C) .r z~ <;> ;; I fu '" . oJ ii ~:: . fil ... 14 w ~ I- W a:: ~ ~ " ; ~ w ;w f ... .... j I i !.....___ u EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING THE CHAIRMAN TO ENTER INTO A LANDSCAPING INSTALLATION AND MAINTENANCE HIGHWAY AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA. OBJECTIVE: For the Board adopt a Resolution for U.S. 41 East (SR 90), Tamiami Trail Phase "B" Landscaping project, therein authorizing the Chairman to execute a Highway Landscaping Installation and Maintenance Agreement with the Florida Department of Transportation (FDOT). CONSIDERATION: On August 3, 1999 (Agenda Item 8.B (6)), the Board authorized landscaping improvements along US 41 East from Davis Boulevard to Rattlesnake Hammock Road (about 2.9 centerline miles). This project is in two phases: Phase "A" is from Davis Boulevard to Airport Road; Phase "B" is from Airport Road to Rattlesnake Hammock Road. A maintenance agreement and resolution have already been executed for Phase "A" by prior Board action. Collier County is required to enter agreements for the maintenance of landscaping improvements within FDOT rights-of-way. The attached resolution fulfills this state requirement. rW FISCAL IMPACT: This Phase "B" of the U.S. 41 East project is funded from the MSTD ~ General Fund (111). Construction costs are estimated at $874,055.00. The fiscal impact associated with this project is maintenance for the right-of-way northeast and southwest edges, landscaping and irrigation improvements for an estimated $220,500.00 per year (5.1 total miles of improvements) . GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution for the U.S. 41 East - Phase "B" Landscaping project; authorizing the Chairman to execute a Highway Landscaping Installation and Maintenance Agreement with the Florida Department of Transportation (FD~T; and, authorize staff to provide any documentation necessary to carry out ~oard's di~ c o~. PREPARED BY: l-s<:~ ~(~J-.A.------ Date: -)(~( /0/ Bob Petersen, Engineer II, Landsc<\pe Operations APPROVED BY: Date: erations Manager ~/ ) Date: '1 <' () I ransportation Operations Director ( -# Date: s: 3/ (5 , orman E. Feder, AICP, Transportation Administrator REVIEWED BY: REVIEWED BY: ~ ~D/i9\'f-~ NO.~ jUN \ 1100\ pg.~ -~-----~ .-- RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING TIlE CHAIRMAN TO ENTER INTO A HIGHWAY LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT WITH TIlE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION AND MAINTENANCE OF PHASE "B" LANDSCAPING AND RELATED BEAUTIFICATION IMPROVEMENTS LOCATED ON A PORTION OF STATE ROAD 90 (US 41, TAMlAMI TRAIL) BETWEEN CR 31 (AIRPORT-PULLING ROAD) AND CR 864 (RATTLESNAKE HAMMOCK ROAD) WITHIN TIlE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; PROVIDING AN EFFECTNE DATE. WHEREAS, the median and roadside areas within the State of Florida Department of Transportation, SR 90 (US 41, Tamiami Trail) right-of-way between CR 31 (Airport-Pulling Road) and CR 864 (Rattlesnake Hammock Road) are capable of receiving and sustaining landscape beautification improvements; and WHEREAS, on August 3, 1999, pursuant to Agenda Item 8(B)(6), the Board of County Commissioners approved a project sequence and timing plan for implementing landscape beautification improvements along SR 90 between SR 84 (Davis Boulevard) and CR 864 (Rattlesnake Hammock Road) in two distinct and separate phases with Phase "A" being designated as that initial segment between SR 84 and CR 31 (approximately 1.2 miles) and with Phase "B" being designated as the second segment between CR 31 and CR 864 (approximately 1.7 miles), both phases to be constructed wholly with Collier County funding; and WHEREAS, the Board of County Commissioners intend, through the adoption of this Resolution, to authorize the Chairman of the Board to execute and enter into a Highway Landscaping Installation and Maintenance Agreement between the Board of County Commissioners of Collier County, Florida, and the Florida Department of Transportation. NOW, TIlEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1. The Board of County Commissioners of Collier County, Florida, hereby direct and authorize the Chairman of the Board to execute and enter into a Highway Landscaping Installation and Maintenance Agreement for Phase "B" median and roadside landscape beautification improvements along SR 90 between CR 31 and C No.~~ l~ JUN 1 2 2001 2- Pg. within the unincorporated area of Collier County. SECTION 2. The Clerk to the Board is hereby directed to forward a certified copy of this Resolution to the Florida Department of Transportation, Bartow, Florida. SECTION 3. This Resolution shall take effective immediately upon adoption. ADOPTED by the Board of County Commissioners of Collier County, Florida at regular meeting assembled this day of ,2001. ArrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: JAMES D. CARTER, Ph.D., Chairman ~ Approved as to form and legal sufficiency: t)lAdi j v~ Robert Zachary Assistant County Attorney No~~'l;M JUN 1 2 2001 3 2 Pg. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IDGHW A Y LANDSCAPING INSTALLATION AND MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this _ day of , 20 _, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, hereinafter referred to as the "AGENCY". WITNESSETH WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road 90 as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscape development improvements within the unpaved areas within the right-of-way of State. Road 90; Section 03010 from:Mile Post 4.185 to Mile Post 15.835, hereinafter referred to as the "PROJECT"; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution dated hereto and made a part hereof: has authorized its on behalf of the AGENCY; , a copy of which is attached to enter into this Agreement NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The AGENCY hereby assures the DEPARTMENT, that prior to submitting this Agreement, it has: (a) Ascertained the location ofall existing utilities, both aerial and underground. A letter of notification and plan of the landscape development improvements was mailed on 9/14/99, to the following utilities/municipalities: FPL. Collier County Public Works. Wastewater Department. Water Department. Sprint. Media One Cable and City of Naples Water & Sewer. (b) Complied with all permit requirements from the appropriate agencies (county, municipality, etc.) in connection with the activities described hereunder. Outdoor advertising is specifically excluded from this Agreement' Section 479.11, Florida Statutes. JUN 1 2 2001 Pg. ~ 2. The AGENCY hereby agrees to install the landscape improvements in accordance with the Landscape Development Plan included as Exhibit "A", attached hereto and by this reference made a part hereof Such installation shall be in conformance with Rule 14-40, Florida Administrative Code, and the Highway Landscape Beautification and Plan Review Procedure (Topic 650-050-001- c), as they may be amended from time to time. 3. The AGENCY agrees to maintain the landscape improvements in accordance with the Technical Maintenance Plan included as Exhibit "B ", attached hereto and by this reference made a part hereof 4. Designated personnel as directed by the District Secretary or his designee may inspect and evaluate this project and issue a written report if a deficiency or unsatisfactory condition is noted. If deficiencies and/or unsatisfactory conditions are not corrected within thirty (30) days, the District Secretary or his designee shall have the option to do one of two things: (a) Correct and maintain the landscape improvements with DEPARTMENT's contractor or DEPARTMENT's personnel and charge the AGENCY for the reasonable value of said work. (b) Remove by DEPARTMENT's contractor or DEPARTMENT's personnel all landscape improvements, return the right-of-way to its original condition and charge the AGENCY the reasonable value for such work. 5. To the extent permitted by Section 768.28, Florida Statutes, the AGENCY 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 ot: because ot: or due to breach of this Agreement by the AGENCY, its officers, agents, or employees or due to any negligent act or occurrence of omission or commission of the AGENCY, its officers, agents, or employees. Neither the AGENCY, nor any of its officers, agents, or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from tpe negligence of the DEPARTMENT or any of its officers, agents or employees. 6. The AGENCY covenants to keep in force during the period of this Agreement public liability insurance, property damage insurance and worker's compensation insurance through an insurance policy(ies) or the AGENCY's self insurance program. 7. This Agreement shall remain in effect until such time the AGENCY or DEPARTMENT wishes to cancel said agreement and this shall be done in writing giving the AGENCY or DEPARTMENT thirty (30) days notice. All landscape improvements shall be removed by the AGENCY and the DEPARTMENT's right-of-way returned to its original condition. It: after thirty (30) days, the landscape improvements have not been removed, the DEPARTl\fENT may, at its option, proceed as follows: No~GEtf~TE~ Maintain the landscape improvements within the limits 0 said grnifCf Mb01 5 (a) Pg. -- DEPARTMENT's contractor or personnel and charge the AGENCY for the reasonable value of said work; OR (b) Remove by DEPARTMENT's contractor or personnel all of the landscape improvements, return the right-of-way to its original condition, and charge the AGENCY for the reasonable value of such work. 8. The term of this Agreement commences upon execution by both parties. 9. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 10. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 11. This Agreement shall be governed by and construed in accordance with the laws of the state of Florida. In the event of a conflict between any portion of the Agreement and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA STATE OF FLORIDA DEPARThffiNT OF TRANSPORTATION BY: TITLE: BY: District Secretary ATTEST: TITI..E : ( SEAL) ATTEST: Executive Secretary (SEAL) I H:/dcmO/sharedI1andsl;/moaIsr90bamOLdoc Approval as to Form & Legality: District Legal Counsel A~~TEM No. ~ JUN 1 2 2001 lp Pg. For A~enda Only: EXHIBIT A: Copy is too voluminous for agenda package. Copies of this docwnent are on file with Transportation Operations Department, 2705 Horseshoe Drive South, Naples, Florida 341004, (941) 774-8494. The document is referenced as U.S. 41(S.R.45) Tamiami Trail EAST PHASE "B", Prepared by McGee & Associates, Landscape Architecture, Sheets PI -P9, Sheets Il-I9. EXHIBIT B: Technical Maintenance Plan referenced from U.S. 41 (S.R. 45) Tamiami Trail "B", Landscape Development Contract Documents Specifications. Copies of this docwnent are on file with Transportation Operations Department, 2705 Horseshoe Drive South, Naples, Florida 341004, (941) 774-8494. ~Gt~~u JUN 1 2 2001 7 Pg. I- Z w w:E . ..JZ. "". ::l a: u :.~I QW~.... w> W i3g:> C/J en~o <( ~ Z . :I: Z ::l I- ~ a. ~8~.... <( I- ~ffi~ W', Z-Cl. ...., :t ::l1~1:>< ..JW :EO -..., " ;2 0 ~~g I-g: ~Q _ W~-i :E Z Q c.:> a: ~'x ~08t;o N w LI. ' -:-I->"'C::Z -= c::oW~><, <(<a:a. <( U l::l Cl. ~ > I- _ Z <l: I :!:: I~ ~ "l'"" I- Iii ,~::>~ C/J <( c ::>~ I oW Q)a. .<( O::U C/J~ W W 0:: I- C/J ~ ca E-t H ca ..... ~ ril ) en Z ~l -- l!: c: III u~'3 .s w" l'll ~ ~ .sr-r-I W - "2'" ~ en III 5 i I- ~._ .=, ffi:C~l;; I~~--: OEo! 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EXECUTIVE SUMMARY APPROVE PETITION TM 00-02 FOR THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PROJECT ON BECCA AVENUE BETWEEN BA YSHORE DRIVE AND PINE STREET. (PROJECT NO. 66076) OBJECTIVE: To obtain Board approval allowing traffic calming devices to be installed on Becca Avenue between Bayshore Drive and Pine Street (Attachment No.1). CONSIDERATIONS: The residents of Becca Avenue submitted a petition to the Transportation Operations Department requesting traffic calming on their street. Workshops were held and a traffic team was organized in accordance with policy and procedure guidelines for the Neighborhood Traffic Management Program (NTMP). Staff performed required traffic studies and resulting data meets necessary criteria for traffic calming. This would only be a partial treatment of the project. Additional installations will be applied to the greater project area consisting of Becca A venue and Pine Street in order to mitigate cut through traffic and be consistent with aesthetic design of the Bayshore/Gateway Triangle Redevelopment area (Attachment No.2). Letters of "No Objection" (Attachment No.3) have been received from Emergency Services, Collier .~.. County Sheriffs Office, for the placement of Speed Humps at this location. 0,'\\ FISCAL IMP ACT: The estimated cost is $3,000.00 for two Speed Humps. Funds are available in the 1,,'11 Road & Bridge Gas Tax Fund 313. GROWTH MANAGEMENT IMP ACT: None RECOMMENDATION: That the Board approve the requested Neighborhood Traffic Management Petition TM 00-02 for installation of traffic calming devices on Becca Avenue. PREPARED BY: G~~oject~anagerNTMP ~~ ~ -#~~ ~eJlri:el, P.E., enior Project Manager Edwar J. ant, .E. T nspOltation Operations Director / DATE: O;}~~I / REVIEWED BY: DATE: J;1 t/ oj REVIEWED ~ APPROVED BY: DATE: .s;1 $' ....::>/ DATE: yZl-v{ Normal E. Feder, AICP, Transportation Administrator / ! i ! ./"'""' . A~~~ No. JUN '2 2001 \ Pg. I !.. !:f ~ i II~~ 8 .,i~~8 !~~~E Z;jl"!l 00::0 !:l!l"llZn ! 21~!~ I ii~~~ I ~lh,122n i ~:lt!I~~ I ~ ~tB!!5 ! : jj!OUl ! : !z~ I ~ ! to ! ! · J I ~! i ! i ! i ! ! ! ! ! ! ! ! ! ! i ! tIl t;Ij CJ CJ > > <: t;Ij z c::: t;Ij :d ~ (IJ .. ::t:..... c::~ Ii:: ~t;Ij t"" g"tl > :jr:-' ~> ! '" ~~ ~:;E 71 err! ::r: :I:::- r-- t) ~ :I:::- <: ~ ~ ~ I I , ; I i H I I I I I -, i__ I ,'-.] OJ i'..) '-.J N co N '- - '"' c.o i'.) c.... ,~ i:"~ -- l..... TA 9+00'--:; C...j C...J o .0 Z :z Oc~ '.:;J --.... ,~" f'J p ; ...... ... ...... I I I ~rn I I I I t)> I I ----' )> 1 I 1fT! I I I t . . co ! j ! ! ! j ! 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'i~LT~ IT -U' ~ -,_' ,I LC:11 nl Ll __ ' /' : '1r+ f€ ~ _, ' _ _ II 0 'm _ -r -- ' " ,,"" ~ -- : II '--a 1_ ':t.:: ' -. ", ~ "L 1. : + ~ ! .b,L + --j ~ " + + ~CIl V> r I :::J . """ "",<(I' > ~ ~.' ~ ~ LI.l .. -,- I I . I , I TT I E DRIVE (KEllY ROAD) 7 . ~ ll: a...... .......- I I Ii I I I I . ~' -:- ~SHADOfWl{"''N,.,DR II~VE~ I I L !';3 ~ t:=:j __ I I I I I I 'i i I ; ; ~ I ; I I~~ ,> 1 ' SH"'O""~ '" '" ' , , , , , , , , , I , , , , I ~~ -- I Ie' " " , " qJ...u., ' g~ ~.I ,. ~. ""'''' ""'" ~ :::3r-' o z> r-rr.mr 11111jEI~ I ~!! I~ g z ~~ ill I- I I ! , u ~ ;, ~ E ~ J II "'ii5" t .. ~ c ~~~E~ I - 8~tIl ~~g~~ ~~2:;t'j oo::tl ~5~2:n ~a~~g li!::!sZ i~~n~ =-t:1r;n~() ::i~~OO t ~3~ f i!SEii f !i2:f:!2 ... ~ t'j ::tl tIl &J :z: '- - ~ ! o :':t = ~ , - ---, - ~ , , r-, AG~Dt- REM No.~ JUN 1 2 2001 I Pg._ 3 I - - ~..~,~\ " -- ~qeriff ~Ott ~uttter ~..r\ .~, ~ \ ~ '( . --'.' ~ I ..\ ~,~ ~ \ t f . L \.~lIUi' .... \ "",,,,,,. Collier County Sheriff's Office 3301 Tamiami Trail East Building "J" Naples. FL 34112 Telephone (AC 941) 774-4434 May 11,2001 0\ v~y 14 M19:28 Mr. Gerald Morris, Project Manager I Transportation Services Department Collier County Government Complex 3301 East T amiami Trail Naples, Florida 34112 Re: Decca Avenue Traffic Calming Dear Mr.Morris: Staff has reviewed your request for a letter of "'No Objection" for the above-described project, specifically the placing of traffic calming speed bumps on Becca A venue as requested in petitions to the County Transportation Operations Department by area residents. The Sheriff's Office reviews these requests to determine if the granting of the changes will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency responses, patroL and traffic enforcement. Your letter of Apri124, 2001, states that the residents of Becca Avenue realize that speed bumps may have an adverse effect on emergency response times and have agreed that this possibly degraded service is acceptable. So long as your department is confident this understanding is common among the Becca Avenue residents, the Collier County Sheriff's Office has ''No Objection" to the granting of your request. If the Agency can be of any further service, please advise. Sincerely, -/3] ... u.~_( ~---"""1 ,.. '. ' · . . II \ \ .. ,l \ , Do Hunter;, Sheriff '--Collier Coun~, Florida -~ DH:GY:mc CC:File AGF1"1Dh !mM No.~ JUN 1 2 2001 ~ Pg. Memorandum To: Gerald Morris, Project Manager I From: Jeff Page, EMS Operations Director Date: 05/02/01 Subject: Becca Avenue Traffic Calming Thank you for your correspondence regarding the proposed traffic calming technique for Becca Avenue. In the event that this is the same speed hump construction format that was utilized in the Glades neighborhood, the Emergency Medical Services Department does not object to this type of installation. As mentioned in your correspondence, the speed humps may have an impact on the emergency services response time. If I may offer any additional information, please do not hesitate to contact my office. AGIf~~ ~ No.~ JUN 1 2 2001 Emergency Services Division I Pg. 5 EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT NO. 3 FOR PROFESSIONAL ENGINEERING SERVICES BY JOHNSON ENGINEERING, INC., FOR IMMOKALEE ROAD CONSTRUCTION PROJECT, PROJECT NO. 69101. OBJECTIVE: To receive Board's approval of the negotiated Amendment No.3 to the contract for Professional Engineering Services by Johnson Engineering, Inc. for the Immokalee Road Construction Project, Project No. 69101. CONSIDERATION: On February 22, 2000 the Board approved the Professional Services Agreement with Johnson Engineering, Inc. for the lmmokalee Road Construction Project. Amendment No.3 is necessary to continue inspection services due to the additional work and time added to the original Construction Contract that includes: 1) meandering of the sidewalk; 2) utility extensions for new developments; 3) additional right turn lanes for new developments and, most recently; 4) added slope stabilization. The above changes in the scope of the project added a total of two hundred seventy-six (276) days to the Construction Contract. This Amendment is necessary to extend the Consultant Engineering Inspection (CEI) Services until April 7, 2002, for a total cost of$465,196.25. ~FISCAL IMPACT: The total additional amount needed is $465,197. Funds in the amount of $75,197 will \11 come from the Gas Tax Fund and $390,000 will come from the District I Impact Fee Fund. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. -- RECOMMENDATION: That the Board of County Commissioners approve Amendment No.3 to the Contract and authorize the Chairman to sign Amendment No. 3 to the County Professional Services Agreement for the Immokalee Road Construction Project, Project No. 69101. ,,-. REVIEWED BY: APPROVED BY: APPROVED BY: APPROVED BY: DATE: 6/.311'0 I DATE: ~l~ l/o I DATE: !;.-/~ l / P I DATE: 5'(3/10 ( DATE: >/;(1)( No~G'fre~~M JUN 1 2 2001 Pg.~ Project 69101 S/A No.3 --- IMMOKALEE ROAD CONSTRUCTION PROJECT AMENDMENT NO, 3 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. ~ to the Agreement (hereinafter referred to as the "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 (hereinafter referred to as the "COUNTY") and Johnson Engineering, Inc., authorized to do business in the State of Florida, whose business address is 2158 Johnson Street, Fort Myers, Fl., 33902-1550 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, COUNTY and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Immokalee Road Construction Project the COUNTY desires to modify the terms of said AGREEMENT, and towards that end it is necessary to provide construction services for the Construction Project, said services more fully described in said Amendments thereto; and WHEREAS, COUNTY and CONSULTANT agree the addition for the Immokalee Road Construction Project, to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions ,.,.--~ contained herein, parties agree as follows: ~M No. , Page 1 of3 'JUN 12 2001 'J- Pg. Project 69101 S/A No.3 ARTICLE ONE 1. CONSUL T ANT shall provide to COUNTY Professional Engineering services in accordance with Exhibit "A" of this Amendment; as attached hereto. 2. COUNTY agrees to compensate CONSULTANT for services rendered hereunder as prescribed in "Man-Hour & Cost Summary", as outlined in said AGREEMENT. Contract fee adjustments: 2.2 S/ANo.1&2 = $ 566,445.00 =$ 201,234.80 2.1 Original maximum contract fee 2.3 S/A No.3 =$ 465,196.25 Current Contract Fee = $1,232,876.05 3 The schedule for said PROJECT for Professional Engineering Services for the lmmokalee Road Construction Project shall be completed April 7, 2002. 4 The AGREEMENT, as amended, shall remain in full force and effect. N:GE~~ JUN 1 2 2001 ?f Pg. Page 2 of3 ,--, Project 69101 S/A No.3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Immokalee Road Construction Project the day and year first written above. ATTEST: (As to Chairperson) By: Dwight E. Brock, Clerk Approved as to form and legal sufficiency: ~ BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: James D. Carter, Ph.D., Chairman ~,/, Johnson Engineering, Inc. I,' J .t t./ " ~/ :~ /;!vtY Jf!;~~,<",,".,~-,BY: / 0 0 ~ Wtthess / ,0{)seph W. Ebner, P.E. I Vi6e President, Transportation Engineering //-y . (~-"i / (~'~ 0b.~:JkJuJ Witness Ij '!..~./ (CORPORATE SEAL) N:.:!1W~ JUN 1 2 2001 tl Page 3 of3 Pg. JOHNS N SINCE 1946 ENGINEERING April 18, 2001 Mr. Lynn Thorpe, P .E. Project Manager Collier County Government Transportation Engineering and Construction Management Dept. 3301 East Tamiami Trail, Building D Naples, Florida 34112 Re: Immokalee Road CEI Services Request for Supplement No.3 To Collier County Purchase Order No. 004474 Contract No. 99-2996 "CEI Services for Immokalee Road" Dear Mr. Thorpe: Please find below an analysis of the status of our eEl contract and the impacts that are evident due to numerous issues requiring additional time to complete the Immokalee Road Improvement Project. Accordingly, Johnson Engineering is requesting a Supplemental Agreement be considered to extend our services agreement to match the anticipated project completion date that we have jointly determined. As well as, supplementing the hours for key management personnel for the resolution of project issues. Below you will find the analysis of the additions we propose and the reasons for this request. First let me state that the intent of the staff and project management team was to accomplish the completion of this project in the original contract time. It became obvious early in this project, that the schedule could not be met. Given the major nature of many project issues that had either been overlooked or wrrealized during the design phase, as well as, accommodating adjacent development improvements and political considerations pertaining to a sidewalk facility being added beyond the south right of way. Listed here are the issues that the CEl Management Team has had to incorporate into the project. · The addition of a sidewalk facility outside the South right of way line. · Utility conflicts. · The addition of utility crossings for new developments and refurbishment of all existing crossings and coordination with the development designers, owners and Collier County Utilities. · The additions of right turn lanes for new developments under constru along the corridor and coordination with the development designers and AGEfOO1);M owners. This included major changes to, plan and profiles, dr' g~o. . ~ ~ signing and markings, lighting and signalization plans by the Engine of JUN 1 2 2001 Record. 3000 lmmokalee Road, Suite 9. Naples, Florida 34110 (941) 593-7370. Fax (941) 593-7375 Pg. --- ~ ,-,-, Mr. Lynn Thorpe, P.E. Apri118,2001 Page 2 of3 . The stabilization of the Cochohatchee Canal slope. Upon inspection of the existing canal slope by Ardaman and Associates soon after the project was started. It was evident that a problem existed with the stability of the slope condition in relation to the design of the water management treatment ditches along the south side of the canal (behind the guardrail on the north side of the new roadway). The existing condition of the slope of the canal would not allow for adequate support of the water management facility without major slope reconstruction and erosion control measures added. Collier County Staff along with the CEl Management Staff and the Engineer of Record spent a lot of time researching the most cost effective and viable method to insure confidence' in the solution to this very complicated issue. Currently a plan is in place and the team is in the process of coordinating with the Big Cypress Basin (Canal Operators) and Collier County to gain approval of the solution to this issue. The plans have been issued to the contractor, priced and a Change Order has been presented to the County Project Manager. The Change Order for the Slope Stabilization is scheduled for presentation to the Collier County Board of Commissioners during their April 24, 2001 meeting. The original contract was to be completed in July 2001. The Construction Contract has been extended 96 days for utility improvements and an additional 180 days has been requested on the Slope Stabilization Change Order making the total extension of time to 276 days. As a precursor to extending the contract an amendment has been executed by Collier County and the contractor to allow for the extension of the "Incentive Bonus" date at the discretion of the County. Our request for this supplement is based on an April 7, 2002 Final Completion date. Therefore, we request the following additions to our CEl contract: Title Roadway Construction Inspection: Joseph W. Ebner, PE / CEl Construction Manager Mark K. Beaverson / CEl Project Manager Monty LeCrone / Sr. Inspector - Density (Regular) Monty LeCrone / Sr. Inspector - Density (Premium) John Daniels I Inspector - Roadway (Reg.) John Daniels / Inspector - Roadway (Prem.) Tommy Woosley / Inspector - Slope Stabilization Barbara R. Litzler / Project Secretary Reimbursable Expense - additional 10 months Kimley Horn subcontract Signal Timing LS TOTAL Rate $ 105.00 $ 100.00 $ 60.00 $ 69.00 $ 45.00 $ 51.75 $ 60.00 $ 32.00 $ 4,800.00 $12,500.00 Hours 8.00 1280.00 1650.00 350.00 850.00 175.00 1650.00 200.00 10.00 1 Amount $ 840.00 $128,000.00 $99,000.00 $24,150.00 $38,250.00 $9,056.25 $99,000.00 $6,400.00 $48,000.00 $12,500.00 $465.196.25 Originally, the CEl Management Staff was to be involved in this project on a art-time basis. However, due to the many issues involved, as well as those outlined. ave, ==%~ Management Staff (with the exception of Stephen L. Miller) has spent almost full'rM9 . on the issues. As CEl Project Manager, I have used up the time allotted to me as f th9Bff fl 200t December 2000. The CEl Construction Manager has not been billable for the pas two montlis, although he has spent time consulting with both the onsite CEl Staff, Engine ~~. Record_' (p ~"'"- Mr. Lynn Thorpe, P.E. April 18, 2001 Page 3 of3 Contractor and the County Staff. Weare not requesting that his non-billable time be included. We have also added time for the 10-month extension of the construction contract for the inspection staff, reimbursable expenses and an additional allotment of time for the part-time inspector to provide the inspection of the Slope Stabilization construction, which will be very important during Phase II Construction. If this proposal meets with your approval please let me know so I can provide the Supplemental Agreement forms for your further handling. If you have any questions or require any additional information please let me know at your earliest convenience. Johnson Engineering thanks you for the opportunity to present this proposal. We look forward to a long and mutually beneficial relationship. Very truly yours, JOHNSON ENGINEERING, INe. ~~ CEI Director \MKB:20002074 cc: Joseph W. Ebner, P.E. Stephen 1. Miller, P.E.Director T.E.C.M. Dale Bathon PE, Senior Project Manager File NO~ JUN 1 2 2001 7 Pg. EXECUTIVE SUMMARY ALTERNATIVE ROAD IMPACT FEE CALCULATION FOR SELF-SERVICE CAR WASH OBJECTIVE: For the Board of County Commissioners to approve an alternative road impact fee calculation for a self-service car wash facility located on S.R. 29 in Immokalee. CONSIDERATION: The petitioner originally met with County staffto discuss methodology in October 2000. It is the opinion of staff that the petitioner has met the filing requirements for an alternative fee calculation pursuant to Section 2.03 of Ordinance No. 92-22, as amended. ,- The petitioner's consultant, Metro Transportation Group, Inc., conducted a transportation impact study (TIS) collecting trip generation characteristic data from five similar sites in Lee and Hendry Counties. The analysis of the data shows a trip generation rate of 18.3 trips per wash bay per day, an average trip length of 3.1 miles, and 46% of these being new trips on the road network. In comparison, the Ordinance rate was based on 108 trips per bay per day, an average trip length of 3.1 miles, and 69% of these being new trips on the road network. The consultant calculated a fee of$11,361.82, which represents an adjustment of $48,740.18 from the fee based on the rate in the Ordinance. The consultant's trip generation rate came from machine counts taken at the five sites, and the average trip length and percentage of new trips are the results of origin/destination (OlD) surveys of motorists at these locations. Staff opines that the fee based on the above TIS represents a better estimate of the self-serve car wash's impact on the County's roadway network than does the fee based on the parameters set forth in the 1999 Transportation Impact Fee Update study. The basis for this opinion is that the 1999 parameters, while still valid in the absence of more site-specific data, are based on OlD surveys conducted in Pinellas County in 1989. Staff believes that where more up-to-date, local data is available such data should be used regardless of whether the final fee assessed would be more or less than that reflected in the Ordinance. ~FISCAL IMPACT: The Road Impact Fee will be deposited into District No.5 Road Impact Fee . Trust Account (Fund 339) prior to the issuance of a building permit. If the Board accepts the alternative fee calculation of$11,361.82 as indicated in the consultant's report, this would reflect a minus 81.1% adjustment to the Ordinance rate, a difference of $48,740.18 ($60,102.00 - $48,740.18 = $11 ,361.82). This fee reduction will not significantly affect the availability of funding for capital improvements to the County's transportation facilities system. GROWTH MANAGEMENT IMPACT: Road impact fees are an important funding source for transportation system capital improvements identified in the Capital Improvement Element of the Growth Management Plan. No~ JUN 1 2 2001 Pg. \ ~\ Alternative Fee Calculation for Self-Service Car Wash - Page 2 RECOMMENDATION: That the Board of County Commissioners approve the petitioner's alternative fee calculation for a self-service car wash. SUBMITTED BY: ! Date: '3-( 2 t,( p , Phil . Tindall, Impact Fee Coordinator Community Development and Environmental Services Division APPROVED BY: Date: .6/.:30/0/ " .. REVIEWED BY: Aq~NPA I;ij:M No.~ JUN 1 2 2001 2 Pg. II II II II II II II . II II II II . . II II . II II riaa[i}1jJ INDEPENDENT IMPACT FEE CALCULATION STUDY SELF SERVE CAR WASH FACILITIES IMMOKALEE LOCATION COLLIER COUNTY, FLORIDA PROJECT 000612 Prepared by: Metro Transportation Group, Inc. 12651 McGregor Boulevard, Suite 4-403 Fort Myers, Florida 33919 (941) 278-3090 Revised March 20, 2001 NO~~ ~M JUN f 2 200t - Pg. 3 "'_.....<......-.,""'.;.,-.._~>;.'......."'.,4,.'f..."......~~~0l0a-~~iUii~"~':'-".""'''''''''--';'''':'''-_''~'''''''''' CONTENTS 1. INTRODUCTION II. DATA SET SELECTION AND DESCRIPTION III. SURVEY SUMMARY IV. IMPACTFEECALCULATION V. CONCLUSION VI. APPENDIX NO~~ 'CfM JUN 1 2 2001 Pg. ~ I. INTRODUCTION Metro Transportation Group, Inc. (Metro) has conducted an independent impact fee calculation for stand alone self-service car washes. Self-service car washes are typically facilities that provide auto washing services in several bays. Typically, these facilities will have three to five "self-serve" bays, which provide a wand type wash and rinse, and one or two "automatic" bays, which provide automated washing and rinsing of the vehicle. The self-service car wash should not be confused with a "tunnel" type car wash, which is designed to service more than one vehicle at a time on a conveyor type system. In response to the recent proposed construction of a self-service car wash facility on S.R. 29 in Immokalee, Metro has conducted the following analysis to determine if the impact fees being imposed on Developers of this specific use are indeed fair and reasonable. The methodology outlined in this report was discussed with Collier County staff at a methodology meeting, held on October 25, 2000. The procedures and guidelines as outlined in the "Alternate Study Guidelines - Collier County Transportation Impact Fee" were followed in completing this analysis. N:~~l1M JUN 1 2 2001 3 Pg. Page 2 --- II. METHODOLOGY A methodology meeting was held with Mr. Phil Tindall, Impact Fee Coordinator for Collier County, on October 26, 2000 at the Collier County Government Center. At that meeting, it was explained that Metro Transportation Group had just completed a similar independent impact fee calculation study in Lee County, Florida. As part of that study, four self-serve car wash facilities were surveyed. These surveys included driveway counts as well as customer interviews to establish trip length and purpose. The sites included in the Lee County study included two facilities in Lehigh Acres, one in the Fort Myers Shores area and one in the North Fort Myers area. After the initial methodology meeting in October with Collier County staff, the Lee County report was modified to reflect the impact fee calculation applicable in Collier County. The sites surveyed by Metro were determined to be similar to that in Collier County. After review of the report, Collier County staff requested an additional survey site that was substantially more similar to the site in lmmokalee. The feeling was that the remoteness of the lmmokalee area might impact the traffic characteristics of the facility, thus impacting the final impact fee calculation. At a subsequent meeting with staff, a self- service car wash facility in LaBelle, owned and operated by the same Developer of the lmmokalee site, was selected to be surveyed. This site has similar characteristics as the proposed lmmokalee site in that it is located in a rural town away from the major population areas and highway networks that exist in the Fort Myers and Naples metropolitan areas. The methodology outlined in the Collier County "Alternate Study Guidelines" for impact fee calculations were generally followed for the survey site in LaBelle. For the sites in the Lee County area, the specific data collection methodology will be discussed later in this report. No~~~M JUN 1 2 2001 Pg. LP Page 3 II. DATA SET SELECTION AND DESCRIPTION As identified in the Alternate Study Guidelines, the procedures are outlined as to what must be accomplished in order to conduct an independent impact fee calculation. As a part of the Lee County study prepared by Metro, four locations were selected for surveys. A fifth site was added after meeting with Collier County staff. All five of these sites are similar in nature in both site characteristics and services available. The primary development characteristics of the site in Immokalee are as follows: · 5 Self-serve car wash bays · I Automatic bay · 2 Vacuum Islands · Direct access to adjoining arterial This facility is being constructed on the east side of S.R. 29 adjacent to an existing residence. Therefore, the sites selected to be surveyed were based on the similar characteristics that they have with the proposed site in Immokalee. The sites included in the survey were: - . 1. Self Serve Car Wash @ 3200 Lee Boulevard in Lehigh Acres, Lee County 2. Minit Car Wash @ 12262 Palm Beach Boulevard in Fort Myers Shores, Lee County 3. Self Serve Car Wash @ Homestead Boulevard, behind the Bealls Store, Lee County 4. Self Serve Car Wash @Business 41 and Bayshore Road in N. Fort Myers, Lee County 5. Wally Wash @ S.R. 80 in LaBelle, Hendry County, Florida AG~DA I1j:M No.~ JUN 1 2 2001 Pg. I Page 4 1 I- I I ( I I I I I I I I I I I I- f I I These sites are described in Table 1. Table 1 Self Service Car Washes Surve ed Site Characteristics 1. Lee Blvd. 4 1 3 Side Street 2. Buckin ham 5 1 3 Side Street 3. BeaUs 4 1 2 Indirect 4. N. Ft. M ers 6 0 3 Indirect 5. LaBelle 5 1 3 Direct to State Rt. The pricing for both self-serve and automatic is also similar at the five surveyed sites. The self-serve washes generally are $1.50 for four minutes and the automatic provides several levels of washes, ranging from the $3.00 basic wash to the $7.00 wash and hot wax. A map as well as a photograph of each site is provided in the Appendix of the report identifying the location of each of the surveyed sites as well as the site of the proposed facility in Immokalee. Figure 1 identifies the location of each of the surveyed sites. III. SURVEY SUMMARY Both traffic surveys as well as customer surveys were conducted at each of the five sites in late July, September, and December, 2000. Due to the access drive locations and geometry, it was not possible to conduct 24-hour driveway counts at the locations identified. Due to the inability to conduct 24-hour traffic counts at each of these locations, manual counts were conducted between the hours of 9:00 A.M. and 8:00 P.M. at the Lee County locations and from 9:00 A.M. to 6:00 P.M. at the LaBelle location. These hours were determined to be the most active in terms of wash activity for this type of use. Computer data from the Wally Wash in LaBelle was obtained to determine the amount of activity this type of facility experiences during the hours between 6:00 P.M. and 9:00 A.M. and the data collected at the five sites was then extrapolated to determine a 24-hour volume. A summary of the computer data received for the Wally Wash facility in LaBelle in contained in the Appendix for reference. This data indicates that approximately 80% of the car wash activity occurs between the hours of9:00 A.M. and 8:00 P.M. NO~~TEM JUN 1 2 2001 3 Page 5 Pg. The methodology was discussed with County representatives prior to preparing this report. Summary of data printouts for the months of June and July are contained in the Appendix of this report for the LaBelle facility, as well as the three days in which surveys were conducted at this facility. The data shows the activity for each bay for each hour of the day. Based on this data, the survey data at the Lee County sites collected by Metro was increased by 25% to reflect activity that occurs at these facilities between the hours of 8:00 P.M. and 9:00 A.M. and for the LaBelle site, a 30% increase was applied to account for activity between the hours of 6:00 P.M. and 9:00 A.M. The data collected from the LaBelle facility actually indicates approximately 20% of the activity occurs during this period, but the figure was rounded up to 25% and 30% for this analysis. Table I-A in the Appendix shows the summary of the trips surveyed for each site. Also shown are the factored daily trip generation totals, which is the 9:00 A.M. to 8:00 P.M. volumes, increased by 25% for the Lee County sites and the 9:00 A.M. to 6:00 P.M. volumes, increased by 30% for the LaBelle site. The Average Trip Rate is also shown, on a per bay basis. The two Lehigh locations each have a total of 5 bays and the Palm Beach Boulevard, N. Fort Myers and LaBelle locations each have a total of 6 bays. This includes both self-serve and automatic wash bays. The summary results of the customer surveys are also contained in the Appendix. Included is a Sample Questionnaire form that was presented to patrons at each of the three sites. The surveys were conducted during a weekday from 9:00 A.M. until 3:00 P.M. A total of 47 car wash patrons were surveyed. The results are shown below in Table 2. Table 2 Survey Summary Self Service Car Washes 1. Lee Blvd. 2. Buckingham 3. Bealls 4. N. Ft. Myers 5. LaBelle AVERAGE 57% 60% 56% 50% 49% 54% 43% 40% 44% 50% 51% 46% 2.9 mi. 5.1 mi. 1.8 mi. 3.1 mi. No. 2.7 mi. 3.1 mi. Page 6 q ..- IV. IMPACT FEE CALCULATION All the necessary data is contained in this report to calculate the new impact fee for this use. The impact fee calculation spreadsheet is attached to this report. The impact fee is based on the daily trip generation of the use, the lane capacity of the roadway, the construction cost of new roadways, and the average trip length. Credits are then issued based on the fuel tax. TIlls is based on the average fuel efficiency, the number of work days in a year, the fuel tax collected in Collier County, and the present worth factor. All of these factors are identified in the attached spreadsheet. The trip generation data surveyed as a part of this report is significantly less than the data contained in the Institute of Transportation Engineer's (ITE) report, titled Trip Generation, 6th Edition. The data contained in the ITE report is based on one (1) study. This one study indicates an average daily trip generation of 108.0 vehicles per wash stalL The study of the sites in Lee County indicate this daily trip rate is on average 20.1 trips per stall, or approximately 80% less than the ITE rate. This, combined with the average trip length of just over 3 miles results in a much lower transportation impact fee than what is currently being calculated by Collier County. Base on the attached spreadsheet, the impact fee for the self-serve car wash facility with 6-bays should be $11,361.82. , NO~~ ~M JUN 1 2 2001 Pg. to ( Page 7 x. CONCLUSION The data collected at three self-serve car wash facilities in Lee County indicate that the self-serve car washes in this area do not generate the amount of vehicular traffic that the ITE study indicates. The surveys were conducted at three similar type facilities, all within Lee County. The data in this study was supplemented with data from a similar type facility in LaBelle, which is a brand new facility that has been operational since mid-May. The trip generation data, combined with the data obtained from the customer interviews, results in a much lower impact fee for this specific use. In general, the conclusions are that a self-serve car wash is not a high traffic generator, as ITE indicates. These types of facilities typically serve a market area within a two to three mile radius. Over half (56%) of the traffic utilizing these sites are considered "pass-by" traffic, rather they are already traveling the adjacent roadways regardless if the car wash is there. The results of the independent impact fee calculation for the roadways indicates that the fee should be $11,361.82 for the Immokalee facility. \k:\2000\06\12\report.imrnokalee.IO.26.00.doc NO~~ 'tfM JUN 1 2 2001 l\ Pg. Page 8 I t- - I I I I I I I 1(- I I I I I I 1,- C I I APPENDIX N:G~" JUN 1 2 2001 Pg. \~ ~ ' I - I I - I I I - I - - I I I I I I I ~ IMPACT FEE CALCULATION SHEET :: ) AGENl?f1'~ Noo--.JW:L:::f--- JUN 1 2 2001 Pg. 13 ~ l- I - I - - .... t ~ Ch ..lll:: - ~ ~Q) r/~~ v 0 U CO 0. E - I- Q) .- 0 - u I - - I 1-- I I oCoC CJ) CJ) eo eo ~~ .... eo .... o eo 0..- <I> <1>0 ~~o eo <l>N -3(/)0 E~~ E<I>('I) _(/) as <I> E a. ~~ ..... ..... () () a> <I> .. '0''0'2 .... .... eo a.. a.. 0 c: o .... CO .... I- o 0. Ch c: CO I- .... >,~ eo .- "'0 ~ c,g .... <I> 0 eo a>c=OJ a.eoeo-- C/)- OJ~ .9- <u <u = <u J:: a. a. E a. I{) 00 co CO ('I) I{) 00 en'<t..-oo CO CON..- ......('1) o::it6o C'i ('I) ..- co c ..- ffi .... C/) Eia' ctl u; ~D 'C 0 LL ~ C1) >,0 >'oC 0 -~c gt~ 'C ~.Q <I> 0 __ U a...... '0 ~ 0 eog~!Ec"" "OOJ::I-wa>jg .><_C1) ~ ~ Q) Q) CJ) E eo 0 :J :J ~ :J LL.-lOLLLLa..Z >, eo .0 oC C/) eo :;;: .... eo a> >, .... a> a. 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Increased by 25% FACTORED DAILY TOTALS IN 63 OUT 60 TOTAL 123 DAILY TRIPS PER BAY: 24.5 9:00 A.M. to 8:00 P.M. Increased by 25% FACTORED DAILY TOTALS IN 53 OUT 53 TOTAL 105 DAILY TRIPS PER BAY: 17.5 9:00 A.M. to 8:00 P.M. Increased by 25% FACTORED DAILY TOTALS IN 59 OUT 58 TOTAL 116 DAILY TRIPS PER BAY: 23.25 9:00 A.M. 10 8:00 P.M. Increased by 25% FACTORED DAILY TOTALS IN 45 OUT 45 TOTAL 90 DAILY TRIPS PER BAY: 15 ~~ITEM No. ~ JUN 1 2 2001 Pg.~ Average for 5 Sites DAILY TRIPS PER SAY: 18.3 TABLE 1-A (Cont.) Wally Wash - LaBelle 12/6/2000 1 1 2 9:00 A.M. to 6:00 P.M. Increased by 30% 5 3 8 FACTORED DAILY TOTALS 3 3 6 1 2 3 IN OUT TOTAL 2 1 3 30 30 60 4 2 6 2 4 6 DAIL Y TRIPS PER BAY: 12.0 4 5 9 1 2 3 23 23 46 Wally Wash - LaBelle 12/7/2000 1 1 2 9:00 A.M. to 6:00 P.M. Increased by 30% 7 5 12 FACTORED DAILY TOTALS 1 4 5 7 4 11 IN OUT TOTAL 8 6 14 46 46 91 5 6 11 2 5 7 DAIL Y TRIPS PER BAY: 18.2 I 2 2 4 2 2 4 35 35 70 I Wally Wash - LaBelle 1214/00 I 3 3 6 9:00 A.M. to 6:00 P.M. Increased by 30% 4 3 7 FACTORED DAILY TOTALS I 3 3 6 8 4 12 IN OUT TOTAL 5 9 14 44 44 88 I 4 3 7 3 3 6 DAIL Y TRIPS PER SAY: 17.7 2 3 5 I 2 3 5 34 34 68 I I NO~~ JUN 1 2 2001 I Pg. \7 I I- I I I I I I I I I I I I I I I I I Car Wash Survey Location: 3200 Lee Boulevard 7/19/2000 Survey Questions Total Customers Surveyed: 14 Survey Conducted Between: 9:00am & 3:00pm 1) Where did you come from? Home - 11 Work - 3 2) Are you returning there when you leave this site? Yes - 6 No - 8 3) Did you go out of your way to get here? Yes - 2 No -12 4) Would you have passed by this site regardless of whether or not you stopped? Yes - 13 No - 1 5) Where did your trip originate? Homestead/LeeBlvd. (2 miles) Ruth/2nd St.(.25 miles) Colonial Blvd./Metro Pkwy (11.5 miles) SunshinelLee Blvd.(.25 miles) Colonial Blvd.llmmokalee Rd. (5.5 miles) Lee Blvd./Terry St.(.75 miles) Lehigh Acres Walmart (2 miles) Sara/Lee Blvd.(.25 miles) Sunshine/2nd St.(.25 miles) Lee Blvd.lGunnery (2 miles) Ruth/4th St. (.25 miles) Lee Blvd.lHomestead (2 miles) Martin Luther King/Palmetto (11 miles) Average Distance Traveled = 2.9 Miles .---.. N:GE~~ JUN 1 2 2001 Pg. -.J ~ Car Wash Survey Location: Minit Car Wash 12262 Palm Beach Boulevard 7/2512000 Survey Questions Total Customers Surveyed: 15 Survey Conducted Between: 9:00am & 3:00pm 1) Where did you come from? Home -13 Work - 2 2) Are you returning there when you leave this site? Yes - 6 No - 9 3) Did you go out of your way to get here? Yes-O No-15 4) Would you have passed by this site regardless of whether or not you stopped? Yes -15 No - 0 5) Where did your trip originate? Palm Beach Blvd./Davis Rd. (.5 miles) Downtown Ft. Myers (9 miles) Palm Beach BlvdlParker Rd. (.5 miles) Palm Beach Blvd.! Carter Ln. (4.5 miles) Morse Rd.!Palm Beach Blvd. (3.0 miles) Broadway/N.River Rd. (5.5 miles) Palm Beach Blvd.!Phillips Rd. (13 miles) Palm Beach Blvd.!Joel Blvd. (10 miles) Palm Beach Blvd.!Parker Rd. (.5 miles) Bayshore/31 (2.5 miles) Palm Beach Blvd./Linwood (3.5 miles) Palm Beach Blvd.!JoeJ Blvd. (10 miles) Palm Beach Blvd.!I-75 (2.5 miles) Olga Winn Dixie (2 miles) Palm Beach BlvdlJoel Blvd. (10 miles) Average Distance Traveled = 5.1 Miles NO~G~~~I", JUN 1 2 2001 {q Pg. I I~ I I I I I I I I I I I I I I I/~ I' I Car Wash Survey Location: Behind Lehigh Acres BeaUs Store Business Loop Rd. 7/2012000 Survey Questions Total Customers Surveyed: 18 Survey Conducted Between: 9:00am & 3:00pm 1) Where did you come from? Home - 9 Work - 9 2) Are you returning there when you leave this site? Yes - 8 No - 10 3) Did you go out of your way to get here? Yes - 0 No - 18 4) Would you have passed by this site regardless of whether or not you stopped? Yes - 17 No - 1 5) Where did your trip originate? Homestead/Lee Blvd. (1.5 miles) HomesteadlBeth Stacey (.75 miles) Lehigh Acres Post Office Construction Site (across the street from site) HomesteadlLee Blvd. (1.5 miles) Lehigh Acres Post Office Construction Site (across the street from site) Business Loop Drive/Homestead (1 mile) Taylor/Homestead (.5 miles) Lehigh Acres Publix (.5 miles) Lehigh Acres Post Office Construction Site (across the street from site) Lehigh Acres Walmart (1.5 miles) HomesteadlLee Blvd. (1.5 miles) Colonial BlvdJI-75 (10 miles) Lee Blvd./Sara Ln. (3 miles) Lehigh Acres Post Office Construction Site (across the street from site) Lehigh Acres Suntrust Bank ( 2 miles) Lee Blvd.lJoan (2.5 miles) Margate Dr.lBeth Stacey (.25 miles) Lee BlvdJKenneth (5.5 miles) Average Distance Traveled = 1.8 Miles NO~G,~~I~ JUN 1 2 2001 ~O Pg. I I I I I I I I I I I I I I I I I I I Car Wash Survey Location: Business 41 and Bayshore Road 917/2000 Survey Questions Total Customers Surveyed: 36 Survey Conducted Between: 9:00am & 3:00pm 1) Where did you come from? Home - 21 Work - 11 Other - 4 2) Are you returning there when you leave this site? Yes-12 No-24 3) Did you go out of your way to get here? Yes - 9 No - 27 4) Did you intend to come to this car wash when your trip began? Yes -33 No - 3 5) Would you have passed by this site regardless of whether or not you stopped? Yes-18 No-18 6) Where did your trip originate? 41/Pine Island Rd.(1 mile) N. Fort Myers Wal-Mart (1 mile) Lee Memorial Hospital (5.5 miles) Cleveland Ave./South St. 4.5 miles) Suncoast (3 miles) Fort Myers Beach (25 miles) 41/Hanson St. (4.5 miles) 41Nictoria Ave. (5 miles) BayshorelHart Rd.(1.75 miles) Monroe/Edwards (1.5 miles) N. Ft. Myers McDonalds (1.5 miles) Lee County Coop (.25 miles K-Mart (5.5 miles) Cape Coral Lowes's (4.25 miles) Old Bridge Park 2 miles) Bayshore Rd.lDaniels Dr. (.5 miles) Edison Mall (5.5 miles) 41/Buccaneer (1 mile) Redlin St.(.75 miles) Sir Walter Way (2 miles) Byron Ave.(.75 miles) Gasper Dr.(.5 miles) Foster Rd. (1 mile) State St.(1 mile) River Rd.(1 mile) Northwood Ct.(12.5 miles) Holland St.(.5 miles) Duncan Ln.(1 mile) Bayshore /Magnolia (.25 miles) Del Tura Country Club (4.25 miles) Hart Rd.(1.75 miles) N. Ft. Myers High School (3.5 miles) N. Ft. Myers High School (3.5 miles) N. Ft. Myers Winn-Dixie(.25 miles) 41/Pine Island Rd.(1 mile) 3rd Way ( 1.5 miles) Average Distance Traveled = 3.1 Miles No~' JUN 1 2 2001 Pg. g). \ Ir I I I I I I t t' t I ~ ~ ~ ~ lr-- - I Car Wash Survey Location: Wally Wash Car Wash. Labelle 12/14/00 Total Customers Surveyed: 34 Survey Questions Survey Conducted Between: 9:00am & 6:00pm 1) Where did you come from? Home - 24 Work - 8 Other - 2 2) Are you returning there when you leave this site? Yes - 22 No - 12 3) Did you go out of your way to get here? Yes - 0 No - 34 4) Did you intend to come to this car wash when your trip began? Yes - 28 No - 6 5) Where did your trip originate? 80/Main (.75 miles) Collinswood Pkwy (3.5 miles) Hickory/80 (1.5 miles) Schooner/Devil's Garden Rd. 3 miles) Marionffhigpen (5 miles) 29/Busser (3.5 miles) McDonald's (.75 miles) 29ffangerine (3.5 miles) Bridge/Lincoln (2 miles) 29/Helms (4.5 miles) Hendry/80 (.5 miles) Seminole/Main (1 mile) Capt. Hendry Dr. (1.5 miles) Woods Rd.lDevils Garden Rd. (3.25 miles) Pearl/29 (3.25 miles) Seminole/Ford (1.75 miles) Davis St. (2 miles) Average Distance Traveled = 2.1 miles Ft.Denaud Rd. (1.5 miles) 80/Main (.75 miles) Seminole/Cypress (2 miles) 80/Main (.75 miles) Pollywog/29 (6 miles) Nobles Rd. (4.5 miles) Supermarket (80/29) (.75 miles) Calhoun/Broward (1.5 miles) Mull/Favor (3.25 miles) 29/Wilson (.75 miles) 80/Main (.75 miles) Ft.Denaud Rd.(1.5 miles) Edison/Sunset (1 mile) Bridge/Euclid (1.5 miles) 29/Busser (2.5 miles) Supermarket (80/29) (.75 miles) 80/Main (.75 miles) No~~~ JUN 1 2 2001 Pg. ;).a '\ Car Wash Survey Location: Wally Wash Car Wash - Labelle 1217/00 Survey Questions Total Customers Surveyed: 35 Survey Conducted Between: 9:00am & 6:00pm 1) Where did you come from? Home - 26 Work - 9 Other - 0 2) Are you returning there when you leave this site? Yes - 12 No - 23 3) Did you go out of your way to get here? Yes - 0 No - 35 4) Did you intend to come to this car wash when your trip began? Yes - 28 No - 7 I I I I I I ~ ~ 5) Where did your trip originate? Pollywog/29 (6 miles) Nobles Rd. (4.5 miles) Herzog/80 (4.5 miles) Main/80 (.75 miles) Wilson/Main (.75 miles) Devils Garden Rd. (3 miles) Euclid/Hall (1 mile) Ford Rd.l80 (1.75 miles) Seminole/Clark (2 miles) Pear' St. (3.25 miles) 29/Desoto (1.75 miles) Joel Blvd.lPalm Beach Blvd. (20 miles) Ft. Denaud Rd (1.5 miles) 75/Palm Beach Blvd. (24 miles) Pinewood Dr.(1.5 miles) Main/80 (.75 miles) Average Distance Traveled = 3 miles Supermarket (80/29) (.75 miles) McDonald's (.75 miles) Seminole/Cypress (2 miles) Citrus/29 (.25 miles) Herzog/80 (4.5 miles) CrescenURiver Rd. (3.25 miles) Seminole/Main (1 mile) Grand/Main (2 miles) Bryan/Main (1 mile) Washington St. (1 mile) Ft. Denaud Rd.l80 (1.5 miles) River Rd. (3 miles) Supermarket (80/29) (.75 miles) Ft. Denaud Rd.l80 (1.5 miles) Pollywog/29 (6 miles) Main/80 (.75 miles) J ""' NO~~r:~, JUN 1 2 2001 Pg. 92J 11 J- II -- I . . II . L . III d . . . IL) . . '.'~' ~ ,i ';" Car Wash Survey Location: Wally Wash Car Wash - Labelle 12/6100 Survey Questions Total Customers Surveyed: 23 Survey Conducted Between: 9:00am & 6:00pm 1) Where did you come from? Home -12 Work - 9 Other - 2 2) Are you returning there when you leave this site? Yes-11 No-12 3) Old you go out of your way to get here? Yes -2 No - 21 4) Did you intend to come to this car wash when your trip began? Yes -23 No - 3 5) Where did your trip originate? Frasier/Curry St. (.75 miles) Country Club (4 miles) Curry St./Carlyle St. (1 mile) Wilson/Campbell St. (.75 miles) Missouri St. (1.5 miles) Hardee St. (.25 miles) LaBelle Airport (1.25 miles) Ace Hardware (Rt. 80) (.5 miles) Pinewood Dr. (1.5 miles) Palm Ave. (1.25 miles) Supermarket (80/29) (.75) Hardware store (.5 miles) Belmont St./8th Ave. (.75 miles) Big V Motel (Rt. 80) (.5 miles) McDonald's (.75 miles) Seminole Ave. (1.5 miles) Carlyle St./Cottage Ave. (1 mile) Pine St./Ute St. (3.5 miles) American Legion Post (.25 miles) Cypress St./Euclid PI. (1.5 miles) Estero Woodsmoke Campground (46 miles) Oak St./FLA Ave. (1 mile) College St./ Rt.80 (.75 miles) Average Distance Traveled = 3 miles No~~~lrcr JUN 1 2 2001 Pg. ~L4 I -- ITE TRIP GENERATION INFORMATION I I i ~ i ~ U '.., No~ ~I JUN 1 2 200t Pg. ~ -- ,~, Land Use: ,847 Self:-Service Car Wash Description Setf.service car washes allow manual cleaning of vehicles by providing stalls for the driver to pai1<: and wash the vehicle. Additional Data The sites were surveyed from the late 1960s to the 1990s. Source Numbers 171,178,358,359 I 1\ ~ 1\ 1\ 1\ " NO~G~tte~ITf JUN 1 2 2001 Pg. Trin r:;pnAration. 6th Edition 1483 Institute of TranSpOrtation Engineers I I I I I I I I I I I I I I I I I I I Land Use: 847 Self-Service Car Wash Independent Variables with One Observation The following trip generation data are for independent variables with only one observation. This information is shown in this table only; there are no related plots for these data. Users are cautioned to use these data with care because of the small sample size. Independent Variable Trip Generation Rate Size of Independent Variable Number of Studies Directional Distributlon Wash Stalls WeekdaY 108.00 5 1 50% entering, 50% exiting A.M. Peak Hour of 8.00 5 1 50% entering, 5()Ok exiting Generator P.M. Peak Hour of 8.00 5 1 50% entering, 50% exiting Generator Saturday 132.80 5 1 5()Ok entering, 50% exiting NO~~~ IljM JUN 1 2 2001 Pg. _ ~'l Trip Generation, 6th Edition 1484 Institute of Transportation Engineers Self-Service Car Wash (847) Average Vehicle Trip Ends vs: Wash Stalls , On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. Number of Studies: 5 Average Num. of Wash Stalls: 7 Directional Distribution: 52% entering, 48% exiting ITriP Ge~eration per Wash Stall Average Rate 5.79 Range of Rates 4.00 - 8.00 Standard Deviation 2.73 Data Plot and Equation CautJon . Use Carefully. Small Sample Size ,...-....., 50 fI) '0 C W Co 0:: I- CD 13 :c CD 40 > CD C) al .... CD ~ II I- 30 , I I~ I 60 ,,' ,,,,,,,,,,,,,, . ,i . ,i ...........~.... .. .. .. .. .. .. .. .. .. .. .. .. .. .. ...:" .. .. .. .. .. .. .. .. .. .. _ .. .. .. ..:. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~:.. .. .. .. .. .. .. .. ;;A.........." .. .. ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ," //-)-// ...........",. .. ....' . . .,.' . . .. ... .. .. .. .. .. ~ .. .. .. .. .. .. ..:- .. .. .. .. .. .. .. .. .. .. .. .. ;..........~.. .. .. ~ .. .. ~ .. .. .. .. .. .. .. .. ..:... .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. i . ",.".,,' ,,' i' "i'"''~''''' ",,,,,,,, X . .. ;.~JI'.""_ .. .. .. .. .. .. .. .. .. .. ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .:. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~.. .. .. .. .. .. .. .. .. .. .. .. .. ~ .. : .. . .. .. .. .. .. .. .. .. .. .. .. .. .. ,. ." x 20 5 7 8 9 6 A No. x = Number of Wash Stalls X Actual Data Points ------ Average Rate R2 = ..- FiUed Curve Equation: Not given. IITri,o Generation, 6th Edition 1485 Institute of Transportation Engineers . "l . !. . ~ , Ii . i I , I I ! I' ! i , , \ i I r :j 1 J 1 2 2001 ~~ ! :, i t ~. l I I I I I I I ~ ~ ~ l ~ ~ J J - I I Self-Service Car Wash (847) Average Vehicle Trip Ends ys: Wash stalls On a: Saturday, Peak Hour of Generator Number of Studies: 2 Average Num. of Wash Stalls: 5 Directional Distribution: 50% entering, 50% exiting Trip Generation per Wash Stall Average Rate 20.60 Range of Rates 11.20 - 30.00 Standard Deviation * Data Plot and Equation Caution - Use Carefully ~ small Sample Size 140 130 CI) 120 '0 c: W a. 't: 110 l- ll) '0 :2 ll) 100 > ll) CI co ... 90 ll) ~ 1\ I- 80 70 60 50 150 .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 'Of. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ........................................................................... pO.............................................................................. ......................................................................................................................................................... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. - .. .. .. .. .. .. .. .. ... .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ~ .. . . . .. . .. . . . . . .. .. . .. .. .. .. .. . .. . .. .. .. - .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. ..,oo - .. . . .. .. . .. .. - .. .. .. .. .. ,. .. . .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. - .. . .. .. .. .. .. . .. .. . . . .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. . . -,.. . .. .. .. .. .. . .. . .. . . .. .. . . .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . . .. . .. .. .. .. .. . .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. . . . .. .. .. .. . .. . oo... . . .. . .. . .. .. .. ... .. .. .. .. . . . .. . .. .. .. . .. .. . . .. .. .. .. .. .. . .. . .. . ..........................oo......................................................................oo............................... . x 5 x = Number of Wash Stalls -_.:_-- A X Actual Data PoInts R2=" Fitted Curve Equation: Not given Trip Generation, 6th Edition 1486 Institute of Tra Pg. ~ EXECUTIVE SUMMARY AWARD WORK ORDER NO. WD-077 TO MITCHELL & STARK CONST. CO., INC. FOR LAKE KELLY POPLAR WAY DITCH IMPROVEMNTS (project No. 31801) OBJECTIVE: To receive Board approval and award of a work order for Lake Kelly Poplar Way Ditch improvements to Mitchell & Stark Const. Co, Inc. in accordance with the Fixed Term Underground Utility Contracting Services Construction Contract (Bid No. 00-3087). CONSIDERATIONS: Collier County contracted with Wilkison & Associates, Inc. for the design and permitting of the Lake Kelly Ditch Improvements. The plans were completed and ready for bid on May 1, 2001. The project has been split into two phases in order to complete the Poplar Way ditch improvements and provide improved drainage for Thomasson Drive before the summer wet season. The remaining Lake Kelly Ditch improvements will be constructed as soon as drainage easements have been obtained. Anticipated date to receive the easements is November 2001. The bid results for the Lake Kelly Poplar Way Ditch Improvements are summarized below: --,.-, Bidder Mitchell & Stark Const" Co" Inc. Kyle Construction, Inc. Florida State Underground DN Higgins, Inc. ~ \\ ~ FI~CAL IMP ACT: Runds are available within the Stormwater Management CIP Fund (325), "'-. Project Number 31801. Source of Funds are Ad Valorem Taxes. Total Bid Amount $97,174.00 $108,362.00 $134,373.18 $144,990.00 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: (1) Award Work Order No. WD-077 to Mitchell & Stark Const. Co., Inc. in the bid amount of$97,174.00 (2) Direct the Board Chairman to execute work order number WD-077 with Mitchell & Stark Const. Co., Inc. .........~ No~~t'FM JUN 1 2 2001 l Pg. ~ . Executive Summary Lake Kelly Poplar Way Ditch Improvements Page 2 of2 SUBMITTED B;? XS:- +f c'~t__ Peter S. Hayden, E.!., Project Manager Stormwater Management Department 5--24-0' Date: , REVIEWED BY: Date: S-2?-OI Robert C. Wil , P.E., Senior Project Manager Stormwater Management Department REVIEWED BY: ~ JO~&:;~ P.S.M., Director Stormwa r Management Department Date: .s:- :ltt-()/ APPROVED BY: Date: S/ii-ut Attachments: Work Order Bid proposal AGFf'.I~ ITI;M No.--l.1.t.fl. ((J JUN 1 2 2001 Pg. ~ WORK ORDER # WD - 077 "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #00-3087, Dated September 12,2000 This Work Order is for Underground Utility Contracting Services, subject to the terms and conditions of the Contract referenced above, for Work known as: PROJECT: Lake Kelly, Poplar Way Ditch Improvements The work is specified in the proposal dated Mav 15. 2001 from Mitchell & Stark Const Co., Inc., which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # WD - 077 is assigned to Mitchell & Stark Const. Co., Inc. Scope: Contractor to supplv labor and material Schedule of Work: Complete within 45 days from the notice to proceed date. Liauidated Damaoes: $1000.00 per day. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the amount provided in the attached schedule. TOTAL FEE $ 97,174.00 (see attached for cost breakdown) Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY:? ~'t. ~; . H &'7i.JA1 Peter S. Hayden, E.!. Project Manager, Stormwater Management Department REVIEWED BY: /f~~ S~ .2.2-0 I Robert C. WII ,P.E. Date Senior Project Manager, Stormwater Management Department APPROVED BY: -;f~ ~ s- :29-tJ/ r John H. Boldt, P. 'J P.S.M. Date Director, Stormwater Management Department 5'2Z-0l Date ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier C~unty, Florida t~r' I By: Deputy Clerk By: James D. Carter, Ph.D., Chairman Date ATTEST: (Corporate Secretary) By: t'- '7~ MITCHELL & STARK CONST. CO., INC. By: /~ Brian Penner, Vice President M..o It"~ ~..""'~ !+s..sT. $ $C-,a.J.;,'J Typed Name and Title Approved as to Form and Legal Sufficiency: .; .. N:~m~ IJO JUN 1 2 2001 .3 Pg. ,,"- Poplar Way Bid Schedule ITEM ESTIMTATED NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 Clearino & Grubbino 0.5 AC 6. oeo ~ "J 0(.. coe- 2 30" RCP 32 LF S'-l~ .2.. ~ S 9 <?9 3 38" X 60" ERCP 564 LF /7~ Y .3 I.f':Hs 0..,2 4 Twin 30" RCP Headwall 1 EA .3 ooc~ ot:> ,3 Oeo - 5 38" X 60" Concrete Mitered End Section 1 EA 60 66 3 oog - 3cog ,- 6 Type H Grate Inlet 3 00 ao EA ).. 700 ,- gIDC- Control Structure (Type H) Du oc... 7 1 EA LfIfOO - l./lfoo - 8 Grade Flow Way For Pipe Within lake 100 LF /c~ J!)o IOce - ~fJ (!) Ut 9 Ditch Reshaping 270 LF /0 - :1-.700 - 2.D..E ao 10 Clean Existina Ditch & Haul Away Garbage 1,000 IF 2..ucc - lllc:. 19'" 11 Roadway Restoration 1 lS ).,0 ec-- .2.~cD - ou 00 12 Replace Existing Asphalt Bike Path 1 lS '3> S"c 0 - 3.ro 0 - 13 Sod 4,200 /.5'0 60 SY U '3 eo - 14 Chain Link Fence (6' Tall) 100 LF / S" o.,g / So 0 C!),.g Maintenance of Traffic tIIl:J c!lu 15 1 lS / 0 ~c - /I!>DO - Erosion Control /.50 ~ 00 16 1,700 IF 2.S'~O - <!>u 00 17 Mobilization 1 lS 7 ~ 00- 70e 0 - TOTAL 971/'1QE. ~ ~~ No~~t~~ JUN 1 2 2001 -4 Pg. IS r r~~ (e..,)('1)e2r- vir MITCHELL & STARK CONST. CO., 'NO 6001 SHIRLEY STREET NAPLES, FLORIDA 34109-6201 ) I 5/10/2001 EXECUTIVE SUMMARY APPROVE THE ACQUISITION OF CERTAIN PROPERTY INTEREST FROM COLLIER DEVELOPMENT CORPORATION FOR TRAFFIC SIGNAL EQUIPMENT AT THE OFFSET INTERSECTION OF ENTERPRISE AND TRANSFER ROADS WITH AIRPORT-PULLING ROAD, OBJECTIVE: Approve the acquisition of a parcel of land and an aerial easement from Collier Development Corporation, a Florida Corporation, for traffic signal equipment at the offset intersection of Enterprise and Transfer Roads with Airport-Pulling Road. CONSIDERATION: The Transportation Operations Department has determined it necessary to install traffic signal equipment at the offset intersection of Enterprise and Transfer Roads with Airport-Pulling Road. To accommodate the equipment, it is necessary to acquire a 312 square foot triangular parcel in fee simple and a 137 square foot rectangular aerial easement from Collier Development Corporation on property located at the northwest comer of the aforementioned intersection. The agreed upon purchase price is $6,250 for the fee parcel and $750 for the easement. The County's Review Appraiser has given his approval and determined these amounts to be a fair representation of current value. The Purchase Contract and all transaction documents have been reviewed and approved by the County Attorney's Office. ~ FISCAL IMP ACT: The total acquisition costs, including document recording and ~ documentary stamps, will not exceed $7,500. Funds are available in the Road .. Construction Gas Tax CIP Fund for Multi-Project Transportation Right-of-Way Project Number 60171. GROWTH MANAGEMENT IMP ACT: This transaction does not impact the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve and accept the Warranty Deed and Aerial Easement granted by Collier Development Corporation, a Florida Corporation (copies are attached for reference); -- 2. Approve compensation to Collier Development Corporatio Corporation, in the amount of $6,938.35 and hereby -. . 1 -... w~~ JUN 1 2 2001 t Pg. requirement for a formal, independent appraisal report in accordance with the provisions of Chapter 125355, Florida Statutes; 3. Authorize the Chairman to execute the Purchase Agreement; 4. Authorize staff to prepare related vouchers and warrants for payment; and 5. Authorize staff to proceed with the related real estate closing transaction and to record with the Clerk of Court the Warranty Deed, Aerial Easement and appropriate documents to clear title in the Public Records of Collier County, Florida. SUBMITTED BY: 7JJU -:) - c2~- d / Date: Cindy M. , Real Property Specialist III Real Property Management Department REVIEWED BY: REVIEWED BY: Date: .5' -'21-: u7 ., lrector rations Department APPROVED BY: Date: p.~-/!)( Feder, AICP, Administrator sportation Division No~t~ '[rM JUN 1 2 2001 Pg. ;)- PROJECT: 60057 FOLIO: 30531040004 Prepared b1l Ell In T. Chadwe 11, Esquire Office of the County AttorfteJ 3301 East TlmiaMi Trail Naples, Florida 34112 (941) 774-8400 WARRANTY DEED THIS WARRANTY DEED made this I gt!!: day of 'h1....~ A.- ,2001, by COLLIER DEVELOPMENT CORPORATION, a Florida c~einafter singularly called the Grantor), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post-office address is 3301 Tamlami Trail East, Naples, Florida, 34112 (hereinafter called the 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: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor Is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever: and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. ~~J~~ FI ST NESS (Signature) :r- wocd .~~e)~~ SECOND WITNESS (Signature) Y\"-1II.~ \..\c..\\ (Print Nar\1e) COLLIER DEVELOPMENT CORPORATION, a Florida corporation --~ By:- . Jeffrey M. Bi Ice PreSident AGEtlQf, I~ No.~ JUN 1 2 2001 5 Pg. -- STATE OF FLOIl.TnA COUNTY OF COLLIER The foregoing Warranty Deed was acknowledged before me this ~ day of m~ ,2001, by Jeffrey M. Birr, Vice President on behalf of COLLIER DEVELOPMENT CORPORATION, a Florida corporation, who is personally known to me or'IIAe ABa ~I'eElli8Qd es IdeMtificetion. i:ttl\V,l>\ c NANCYlYNNHAll ~. OMMISS/ON # cc d~O~55 >:f ,A ex"'RESJUN2~.200J OF p.~. "'TI,,~""OtoIDeD lHliu ~.. f\.IONOING CO"INC. _tI\~~ L- . ~ &) (Signature of otary) 1'1 0-,.. ~ l . i-f cl.( (Print Name of Notary), Commission # C:. c.. ID It olf sS- My Commission Expires: (" l.l"ll 01 (Affix notarial seal) ,-" -' NO~~~\~ JUN 1 2 2001 Pg. -1 TRANSPORTATION ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHIBIT ~'A ,1 Page --1-cf.f--L- SOUTH HORSESHOE DRIVE 30.00' 200.00' ~ M ro f'l o z LOT 26 6' AERIAL EASEMENT 8 ~ I'- N I- o ...J S 89"51'42"W '-FEE SIMPLE PARCE 200.00' ~ a: ~ o a.. 0:: :;: P.O.B. UNPLATTED FEE SIMPLE PARCEL BEGIN AT THE SOUTHEAST CORNER OF LOT 26, OF THE PLAT THEREOF, EAST NAPLES INDUSTRIAL P~K, AS RECORDED IN PLAT BOOK 10, PAGES 114 & 115, OF THE PUBLIC RECORDS OF COlliER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 51 MINUTES 42 SECONDS WEsr A DISTANCE OF 25.00 FEET; THENCE NORTH 44 DEGREES 43 MINUTES 05 SECONDS EAST. A DISTANCE OF 28.21 FEET; THENCE SOUTH 00 DEGREES 25 MINUTES 33 SECONDS EAST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. CONTAINING 312 SQUARE FEET MORE OR lESS, AERIAL EASEMENT . COMMENCE AT THE'SOUTHEAST CORNER OF LOT 2B, OF THE PLAT THEREOF, EAST NAPLES INDUSTRIAL PARK, AS RECORDED IN PLAT BOOK 10, PAGES 114 & 115, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 00 DEGREES 25 MINUTES 33 SECONDS WEST A DISTANCE OF 25.00 FEET TO THE ROINT OF BEGINNING;; THENCE CONTINUE NORTH 00 DEGREES 25 MINUTES 33 SECONDS WEST, A DISTANCE OF 26.00 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 27 S,ECONDS WEST A DISTANCE OF 5.00 FEET THENCE SOUTH 00 DEGREES 25 MINUTES 33 SECONDS EAST A DISTANCE OF 29.97 FEET THENCE NORTH 44 DEGREES 43 MINUTES 05 SECONDS EAST 7.03 FEET TO THE POINT OF BEGINNING. . CONTAINING 137 SQUARE FEET MORE OR LESS. GENERAL NOTES 1) P.O.c,,, POINT OF COMMENCEMENT 2) P.O,B, "POINT OF BEGINNING 3) SEC. " SECTION 4) TWP. .. TOWNSHIP 5) RGE. .. RANGE 6) RN>I.. RIGHT QF WAY 7) AlL DISTANCES ARE IN FEET AND DECIMALS THEREOF, 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAl LAND SURVEYOR ~REP ED BY: ' -- -=:4~ti.___dAl~ 1___ EORGE R. RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 AGE~p~rTE~ No.~ JUN 1 2 2001 Pg. .5 NOT TO SCALE DATE MARCH 27, 2001 SHEET 1 OF 1 PROJECT: 60057 FOLIO: 30531040004 ,- Prepared bYI Ellen T. Chadwell, Esquire Office of the County AttorMl 3301 East Tallliam1 Trail Naples, Florida 34112 (941) 714-8400 AERIAL EASEMENT THIS EASEMENT, made and entered into this J fj"1JJ day of ~ ' 2001, by COLLIER DEVELOPMENT CORPORATION, a Florida corpora lon, whose mailing address is 3003 North Tamiami Trail, Suite 400, Naples, Florida 34103, 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.) WIT N E SSE T H: 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 traffic signal and /- maintenance purposes, on and above the following described lands located In Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee, together with1the right to enter upon and above said land, place, and supply materials for the purpose of constructing, operating and maintaining traffic signal facilities including a signal mast arm, 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. 1fU\~A1w~& ~~ NESS (Signature) end. ::r.s herw Ob d (~t Na e ~ o.J2f . SEC~4TNESS (Signature) t\ Cvl'\ CY 4. II (Print Name) COLLIER DEVELOPMENT CORPORATION, a Florida corporation By: Jeffrey M. Birr, Vice NO~GE~l.L JUN t 2 2001 Pg. ~ STATE OF FT.n1rmA COUNTY OF COLLIER The foregoing Aerial Easement was acknowledged before me this I R<J+-- day of V'Y\~ ' 2001, by Jeffrey M. Birr, Vice President on behalf of COLLIER DEVELOPMENT CORPORATION, a Flonda corporation, who Is personally known to me or... no I ,,!II! pi ad uced as iaentlfieetiof\. (Affix notarial seal) ~~y Pc\ NANCY LYNN HALL :iA COMMISSION I CC 640455 ~. 7 if EXPIRES JUN 24, 2001 ~ <f!' 1000DED THlU Of l\l ATlANTlC BONDING CO.. INC. ~s to ~ legal soffieMle' r:Y 6..1~ v Auistant County AttoMlty Ellen T" Chadwt 11 ~ ~.~~ (Signatu~otary) I\o.-n c, l. ~....II (Print Name of Notary) Commission # C. Q. (Q 'i 0'4 5" c) My Commission Expires: lD I ;t I.( \ 0 I No5~~ '~M JUN 1 2 2001 Pg. 7 'I TRANSPORTATION ENGINEERING DEPARTMENT 3301 EASTTAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 . SKETCH OF DESCRlPTION NOT A SURVEY EXHIBIT ...::tL::- Pllge~--L- SOUTH HORSESHOE DRIVE -~------------- I 30.00' 8 ~ ~ 0:: Ii2 o 0- 0:: < 50,OO'! I , ~ b ~ a~ ~ . ~ 1 S 89D34'27"W 5.00' ~ LOT 26 re ~ ~ o l"- N I- o ..J 5' AERIAL EASEMENT ~ M ~ b z S 89D51'42"W '-FEE SIMPLE PARCE UNPLATTED FEE SIMPLE PARCEL BEGIN AT THE SOUTHEAST CORNER OF LOT 26, OF THE PLAT THEREOF, EAST NAPLES INDUSTRIAL p~. AS RECORDED IN PLAT BOOK 10, PAGES 114 & 115, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 89 DEGREES 51 MINUTES 42 SECONDS WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 44 DEGREES 43 MINUTES 05 SECONDS EAST, A DISTANCE OF 28.21 FEET; THENCE SOUTH 00 DEGREES 26 MINUTES 33 SECONDS EAST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. CONTAINING 312 SQUARE FEET MORE OR lESS. AERIAL EASEMENT , COMMENCE AT THE SOUTHEAST CORNER OF LOT 26, OF THE PLAT THEREOF, EAST NAPLES INDUSTRIAL PARK, AS RECORDED IN PLAT BOqK 10, PAGES 114 & 115, OF THE PUBLIC AECORDS OF COUlER COUNTY, FLORIDA; THENCE NORTH 00 DEGREES 25 MINUTES 33 SECONDS WEST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING;; THENCE CONTINUE NORTH 00 DEGREES 25 MINUTES 33 SECONDS WEST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 89 DEGREES 34 MINUTES 27 SECONDS WEST A DISTANCE OF 5.00 FEET THENCE SOUTH 00 DEGREES 26 MINUTES 33 SECONDS EAST A DISTANCE OF 29.97 FEET THENCE NORTH 44 DEGREES 43 MINUTES 05 SECONDS EAST 7.03 FEET TO THE POINT OF BEGINNING. . CONTAINING 137 SQUARE FEET MORE OR LESS, GENERAL NOTES 1) P.O.C. .. POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. . SECTION 4)TWP. -TOWNSHIP 5) RGE. " RANGE ~-RIGHTQFWAY DISTANCES ARE IN FEET AND DECIMALS THEREOF r VALID UNLESS SIGNED AND SEALED WITH THE. EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR ~REP ED BY: f .' -=6L{~___~ljp_C_. EORGE R. RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 OATS MARCH 27, 2001 NOT TO SCALE HORS26 SHEET 1 OF 1 NO~~~ '~M JUN 1 2 2001 9 Pg. EXECUTIVE SUMMARY APPROVE STAFF RANKING OF FIRMS FOR CONTRACT NEGOTIATIONS FOR DESIGN / BUILD SERVICES FOR 13 TH ST. SW BRIDGE, RFP #01-3223, PROJECT No. 60012 OBJECTIVE: To receive Board's approval of staffs ranking offinns for the Design / Build Services for the 13th Street SW bridge and to begin contract negotiations with the top ranked finn for subsequent Board approval. CONSIDERATIONS: On March 1,2001, the County Manager appointed a selection committee to review the proposals for RFP #01-3223. The proposals are for the design and construction of a bridge at 13 th Street SW to span the Golden Gate Main Canal. RFP #01-3223 was issued, and four (4) responses were received on April 20, 2001. The Selection Committee staff ranking matrix is submitted as an attachment. The Committee reviewed the four (4) proposals and selected the top three (3) finns for approval and contract negotiations as follows: 1. Kelley Brothers, Inc. - American Consulting Engineers, PLC 2. PCL Civil Constructors, Inc. - Beiswenger Hoch and Assoc., Inc. 3. Kisinger Campo & Assoc. Corp. - Zep Construction, Inc. N'\. \ FISCAL IMP ACT: Funding for this design / build project will come from the gas tax supported Transportation Capital \ . 'J \ fund. " GRO'''TH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Approve staffs ranking and authorize staff to begin contract negotiations with the top ranked finns beginning with the number one ranked finn for Board's subsequent approval. (2) Authorize the Chairman to sign the Standard County Agreement after the County Attorney review. SUBMITTED BY: Richard J. Hellriegel, P.E., Senior Project Transportation Operations Department REVIEWED BY: ~/)1 yt. Gtv111 S~amMl, Director Purchas' g Department REVIEWE;CY: ~V t, P.E., Dir ctor tion e ns Department Date: J'/?~ Date s/7...l/9/ APPROVED BY: Date r.....:z./ - 0 I o.te# AG~Dh I~ No.~ JUN 1 2 200t 1 Pg. Attaclunent: Selection RJH:rh f) ....) ;>-> _V> ~- ~~.:: C5 ,- N Ln CO ~ c:::: '- \..0 >-- E'. : o :E I:r.: o LL >< a:: .... <( :E C) z 52 z ~ ~ 11> C) "0 'r::: Mal N~-r- ~(I) I , ,...... 0(1) =a:.s _M ca..- rn '- o 0 c..... N o rn '- (I,) c.. (.) 3 '~ ....(1,) ....(1) ~"O :s= C":s (l,)al I:r.:c C) 'c;) (I,) C u..(!)~ oZ- i::cr: ~zo ::>~u ..... en en ...... co co..... u.. 0 en cr: (!) ww~ a:lu:::t:: ~:5z ~a.~ u.. 0 en cr: (!) ww~ a:lu:::t:: ~:5z ..... N ~a.~ I I u.. 0 en cr: (!) ww~ a:lu:::t:: co :2:5z ::> ~ I za.cr: - u.. 0 en cr: (!) ww~ a:lu:::t:: :2:5z co C") C") ~a.~ I I - - u.. 0 en cr: (!) ww~ 'OI:t a:lu:::t:: ~:5z <o;t co ~a.~ I I - = c:: ctl c:: 1i5 c.> 0 c. 'C: t5 c:: Cl> Cl> 0 N E en 2 u 8.1= ~ - Cl> en E g cr: c:: c: u: O' c: ctlo U ctl U en LL. :2 0 ... ... 0: :> en ~a:l c3 ctl w E. :: ~ ~ -J 0 en - ~ U en- J::. . - Q) z a. I- :::t:::::t:: en :J en c::: CD C.!) en c::: Z 0 ~ U Z >. ~ a:l .....J <( Z I.J.. W c::: w :E ~ ~ c:: ';:: c::: CD I.J.. E, 0 :E ~ U :E :J I.- 0 cj - Cf) (,) c::: c::: Z u) 0 0 0 C,) I- :~ I- a:l C,) >. C,) W CD .....J .....J CD C,) W Cf) ~ c.. I- Cf) c:: I.J.. CD - (tl o CD I- :J ..... (tl c::: o z o C,) w Cf) o c:: :r: I- 'E C") J::. c.> ctl II) II) - c: '8. - t:.. A >- .0 01 c: :i2ui c::- ctlS ... 0 Cl>- c.>e> .!2 .g 0..0 -g c.> Nil) J::.g' c.>.- ctl.:.t:. Cl> c:: ctl - ... en_ 'Ell) .- II) o ~ 0..0 -- A 0 -- ~1i) c: Cl> .- J::. 8..!2l AJ::. >-11) .0:5 01>- c::.o :i2'O c: Cl> ctl c:: ~ .~ c.> Cl> ctl_ o..~ C;; II) ..... .- J::.'- c.> Cl> ctlE Cl> 0 Ole> c:: c: '>, :i2 o..c: E~ :J_ E ~ >-1:: .oCl> 'OJ::. Cl>1- c:: 'E .B G3 Cl> 'CDvl 'Oc: .!!l'o Cl> c.. ...- o ^ c.>- II) ^ 01>- C::.o ~Cl c:: c:: ctl .- cr:~ ~N~ Noo~\ '" Zc.. JUN 1 2 2001 2- Pg. EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF A SUPPLEMENTAL JPA FOR THE PURCHASE OF ONE PARATRANSIT VEHICLE OBJECTIVE: To approve the attached Supplemental IPA for the purchase ofa total of five paratransit vehicles and resolution authorizing the Chairman of the BCC to execute the JPA. To authorize the Public Transportation Manager to sign any agreements, contracts, assurances, reimbursements invoices, warranties and certifications which may be required in connection with this application. To approve any budget amendments necessary to receive and use these funds. CONSIDERATION: On October 10,2000 the BCC authorized the execution of JPA number 204474- 1-94-03 for the purchase of five (5) replacement Paratransit vehicles. The estimated cost of the 5 vehicles _ $175,000 - was funded in the following manner: Federal Transit Administration (FT A) $140,000, FDOT $17,500, County $17,500. The actual cost of each vehicle was $41,508. Therefore, only 4 vehicles were ordered for a total cost of $166,032. This resulted in a balance of$8,968 ($175,000 - $166,032 = $8,968) This Supplemental IPA provides an additional $29,286 in State funds towards the purchase ofa fifth vehicle funded in the following manner: $29,286 State, $8,968 from Balance, $3,254 in additional County funds. ($29,286 + $8,968 + $3,254 = $41,508) n::-\....FISCAL IMPACT:. The total cost of the vehicle is $41,508 of which $29,286 will be reimbursed from \~' the IPA and $8,968 from MPO Fund 126. The county's portion $3,254 is available in the General Fund (00 I). GROWTH MANAGEMENT IMP ACT: There is no impact to the County adopted Growth Management Plan. RECOMMENDATION: That the Board authorize the Chairman to execute the Supplemental IPA for the purchase of a total of five para transit vehicles and authorize the Public Transportation Manager to sign any agreements, contracts, assurances, reimbursements invoices, warranties and certifications which may be required in connection with this application, and approve any budget amendments necessary to receive and use these funds. Approved Date: 05/30/01 Date: 05/30/01 Date: 05/30/0 1 .-. Pg. ,- RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF THAT CERTAIN SUPPLEMENTAL JOINT P ARTICIP ATION AGREEMENT (JP A) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Collier County Board of County ( :nmissioners has the authority to enter into a Supplemental JP A with the Florida Department of '1 ;cnsportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOL YED by the Collier County Board of County Commissioners, FLORIDA: 1. That the Supplemental JPA for Item-Segment-Phase-Sequence (Financial Management Number 204474 1 94 03) is approved. 2. That James D. Carter, Chairman is authorized to enter into, modify or terminate the Supplemental JP A with the Florida Department of Transportation, unless specifically rescinded. 3. That David P. Hope, Public Transportation Manager is authorized to sign any and all assurances, reimbursement invoices, warrantils, and certifications which may be required in connection with the application or subsequent agreements. THIS RESOLUTION ADOPTED THIS 24 DAY OF ApriL 2001 AFTER A MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: By: Dwight E. Brock, Clerk James D. Carter, Chairman ... .. .. .. .. . :.:.~..~. ...~.:. .. ............... .. .. .. .. .. .. .. . .. .~j.i.;";"j .." .. .. .. +. .. ~~~~~:~:~~~~~~~~~: ................... ... .. .. .. .. .. .. . .. APPROVED AS TO FORM AND LEGAL SUFFICIENCY; ~I~j~ No~"~~~~ JUN 1 2 2001 Pg. 7- I I Heidi Ashton, Assistant County Attorney RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF THAT CERTAIN SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a Supplemental JP A with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOL YED by the Collier County Board of County Commissioners, FLORIDA: 1. That the Supplemental JP A for Item-Segment-Phase-Sequence (Financial Management Number 204474 1 94 03) is approved. 2. That James D. Carter, Chairman is authorized to enter into, modify or terminate the Supplemental JP A \\-ith the Florida Department of Transportation, unless specifically rescinded. 3. That David P. Hope, Public Transportation Manager is authorized to sign any and all assurances, reimbursement invoices, warranties, and certifications which may be required in connection with the application or subsequent agreements. THIS RESOLUTION ADOPTED THIS 24 DAY OF April. 2001 AFTER A MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. Dwight E. Brock, Clerk COLLIER COUNTY BOARD OF COUNTY COMMI35I"WI!:~S. : ' :. : . . .. .... . . . .. .... . . . . -. . . . ::*:::i:i~: . ' . . . . . .. . . .. . .......... James D. Carter, Chairman :::::::::. \~: ~: By: ATTEST: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: bf~l uL .J L- Heidi Ashton, Assistant County Attorney A - - .I)...:~ No. U~t"JD- JUN 1 2 2001 3 Pg. RESOLUTION NO, 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF THAT CERTAIN SUPPLEMENTAL JOINT P ARTICIP A TION AGREEMENT (JP A) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a Supplemental JP A with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: 1. That the Supplemental JP A for Item-Segment-Phase-Sequence (Financial Management Number 204474 1 94 03) is approved. 2. That James D. Carter, Chairman is authorized to enter into, modify or terminate the Supplemental IPA with the Florida Department of Transportation, unless specifically rescinded. 3. That David P. Hope, Public Transportation Manager is authorized to sign any and all assurances, reimbursement invoices, warranties, and certifications which may be required in connection with the application or subsequent agreements. THIS RESOLUTION ADOPTED THIS 24 DAY OF April. 2001 AFTER A MOTION, SECOND AND MAJORITY VOTE FA VORlNG SAME. ATTEST: Dwight E. Brock, Clerk COLLIER COUNTY BOARD OF COUNTY COMMlSSiO!'lE~~ . : . : :.:.:.:........:.:. .~.i:i:i:i>: . .., . . . . . . . . .. . . . . . . . . B . ., .... It . . y: : . : .. . . ': : ~: . : . :.' : " James D. Carter, Chairman <<.:-............ By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: rlLj}-v-- Heidi Ashton, ASSIStant County Attorney AG"'~"'" ~u No'_ i CL ()~ JUN '2 2001 Pg. 4- RESOLUTION NO. 2001- 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 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE EXECUTION OF THA T CERTAIN SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, WHEREAS, the Collier County Board of County Commissioners has the authority to enter into a Supplemental JPA with the Florida Department of Transportation to undertake a project as authorized by Chapter 341, Florida Statutes and/or by FEDERAL ADMINISTRATION ACT OF 1964, as amended. NOW THEREFORE, BE IT RESOL YED by the Collier County Board of County Commissioners, FLORIDA: 1. That the Supplemental JPA for Item-Segment-Phase-Sequence (Financial Management Number 204474 1 94 03) is approved. 2. That James D. Carter, Chairman is authorized to enter into, modify or terminate the Supplemental JP A with the Florida Department of Transportation, unless specifically rescinded. 3. That David P. Hope, Public Transportation Manager is authorized to sign any and all assurances, reimbursement invoices, warranties, and certifications which may be required in connection with thf'/ application or subsequent agreements. THIS RESOLUTION ADOPTED THIS 24 DAY OF April. 2001 AFTER A MOTION, SECOND AND MAJORITY VOTE FAVORING SAME. ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk .. .... . ... .. . .. . .. ... .......... .. .. .. .. ............ .. .. .. .. .. .. ..., . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. <II .. .. .. .. .. .. : :~: . : . : . i '1 :: .. .. .. .. .. .. James D. Carter, Chairman .:-:-.........:-:-: ................... .. . .. .. .. .. .". .. .. .. .. .. .. .. . .. .. .. .. ... .. .. .. .. .. .. .. .. .. ... .... .. .. By: By: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: A,d, )~ Heidi Ashton, Assistant County Attorney AP~~~~M No.:J ~__ JUN 1 2 2001 b Pg. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 1 FORM 725-030-07 PUBLIC TRANSP ADMIN - 07/00 P-oe1of4 FINANCIAL PROJECT NO.: 20447419403 Contract No.: AI757 Fund: 010 Function: 631 FLAIR Approp.: 088774 FLAIR Obj.: 790004 Org. Code: 55012020129 Vendor No.: VF596000558-102 Catalog of State Financial Assistance Number: N/A Federal No.: FL-16-0025 Catalog of Federal Domestic Assistance Number: 20.513 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and Collier County Board of County Commissioners 3301 East Tamiami Trail, Building F, Naples, Florida 34112 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 27th of October 2000 -e.ntered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "An for a total Department Share of $186,786.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended by increasing the total project cost and the Department's participation in the acquisition of five (5) converted vans with lifts. This is due to the initial underestimation of the total project cost. This supplement does not increase the number of vans to be acquired. AG;~nr5i; No. JUN 1 2 2001 Co Pg. FORM 72~7 PUBLIC TRANSP ADMIN - 07/00 Page 2 of 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased by $ 32,540.00 bringing the revised total cost of the project to $ 207,540.00 Paragraph 4.00 of said Agreement is increased by $ 29,286.00 bringing the Department's revised total cost of the project to $ 186,786.00 3.00 Amended Exhibits: Exhibit(s) B of said Agreement is amended by Attachment "A". 4.00 Contract Time: Paragraph 18.00 of said Agreement is amended Not Applicable No~Gi&or;:=.~ JUN 1 2 2001 Pg. 7 FORM 72~7 PUBLIC 'TRANSP ADMIN - 07/00 P1lge 3 of 4 Financial Project No. 20447419403 Contract No. AI7S7 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated October 27th, 2000 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY Collier County Board of County Commissioners DATE FUNDING APPROVED BY COMPTROLLER (SEE ATTACHED ENCUMBRANCE FORM) NAME LEGAL REVIEW DEPARTMENT OF TRANSPORTATION '. la: J.. . "S . .. .. ............. ::}/:~: :..:.:~::.:.::::.:~: " ....... .. .... .. .. ..... :.:~...~.._._._....... TITLE DEPARTMENT OF TRANSPORTATION TITLE AGIf~n~M No.~\"J JUN 1 2 2001 ~ Pg. FORM n5-030-07 PUBLIC TRANSP ADMIN - 07/00 Page 4 of 4 Financial Project No. 204474194C Contract No. AI757 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between of Florida, Department of Transportation and Collier County Board of County Commissioners 3301 East Tamiami Trail, Building F, Naples, Florida 34112 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): Due to an underestimation of the total project cost, this supplement awards additional funds for the acquisition of five (5) converted vans with wheelchair lifts. I. Project Cost: As Approved As Amended Net Change $175,000.00 $207,540.00 $32,540.00 Total Project Cost $175,000.00 $207,540.00 $32,540.00 II. Fund Participation: As Approved As Amended Net Change Department: $157,500.00 $186,786.00 $29,286.00 Agency: $17,500.00 $20,754.00 $3,254.00 n/a $0.00 $0.00 $0.00 Total Project Cost $175,000.00 $207,540.00 $32,540.00 Comments: AGJ:NOAiTEM NO'~0r JUN 1 2 200t Pg. L1. EXECUTIVE SUMMARY REQUEST APPROVAL TO USE FUNDS FROM WASTE TIRE GRANT FOR RECYCLED TIRE MATERIAL OVERLAY ON ATHLETIC TRACKS AT NAPLES HIGH SCHOOL AND IMMOKALEE HIGH SCHOOL OBJECTIVE: To obtain approval from the Board of County Commissioners to use State Waste Tire Grant funds for rubberized synthetic overlay using rubber derived from recycled Florida tires on the Naples High School and Immokalee High School athletic tracks. CONSIDERATION: This project will provide a safety surface for an existing athletic track structure by using waste tires collected and recycled in Florida. The Waste Tire Grant allows counties to buy materials made from recycled tires in order to promote the benefits of recycling and to "close the loop" by buying recycled products. .......... The project will include a sign noting the joint sponsors of the project, and the grant that made it possible. This daily visible reminder will also explain the significance of the recycled tire material used in the two tracks and emphasize the mission of the Solid Waste Management Dep"artment to educate the public on the benefits of community participation in recycling. The ability to provide two high schools with safety surfaces on their athletic tracks, and at the same time utilize recycled tires from Florida on these tracks, was a major consideration in selecting this project for funding by the Waste Tire Grant. The two projects must be completed by September 1, 2001. This project is consistent with the use of the Waste Tire Grant funds as outlined in the Board's acceptance of the Recycling and Education, Waste Tire, and Litter Control & Prevention Grants on 09/26/00, agenda item 16C(15). FISCAL IMPACT: Funds are available in the 2000-2001 Waste Tire Solid Waste Grant. Funds are granted on a 50% matching basis and will not exceed a total of $60,000.00 ($30,000 for Naples High School and $30,000 for Immokalee High School). Work includes utilizing 50,000 pounds of recycled tires from Florida on each of the tracks. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. AGENDA ITE.,'" HO'-f ~ c.-\ JUN 1 2 2001 PG. , RECOMMENDATION: That the Board of County Commissioners approves the use of State Waste Tire Grant funds for recycled tire material overlay on the athletic tracks at Naples High School and Immokalee High School. SUBMITTED BY~\.'~ ()~1 Date: ~~.~J a. Denise Kirk, Recycling Coordinator Solid Waste Management Department REVIEWED BY: --- ~ --..? ~~ .~ Date: ~., /""' G. George Yilmaz, Ph.D., P.E., P.H., RE.P. Director, Solid Waste Management Department APPROVED BY Q ~ V ~~ Date -~;'}') J . es V. Mudd, P. E., Administrator Public Utilities Division ~- AG(HDA ITUol "0'1[0 C \ JUN 1 2 2001 PG. EXECUTIVE SUMMARY TO AWARD BID #01-3214 FOR BACKFLOW CROSS CONNECTION PROGRAM (PROJECT NO. 70881) OBJECTIVE: To install backflow devices in the Pelican Bay and Pelican March subdivisions in compliance with Ordinance No. 97-33 and the Department of Environmental Protection. CONSIDERA TIONS: In 1997 the Board of County Commissioners adopted Ordinance No. 97-33 (Cross Connection Control Ordinance) and directed Staff to retrofit existing service connections in order to comply with the Department of Environmental Protection's requirements for this area, The Board directed that the retrofit program be completed over the course of five years per the Department of Environmental Protection's mandate. When Ordinance 97-33 was presented to the Board, it was the Board's direction that a combination of resources be utilized to complete the retrofitting portion of this program. Currently, 70% of the service connections to be retrofitted have been completed. In order to ensure that the deadline is met, it is necessary to use outside resources. Bid No. 01-3214 was sent to sixty vendors, with seven responses. The low bidder is Azurix North America Operating & Maintenance. Staff has reviewed the bid submittal from Azurix and found the proposal to be acceptable and recommends award to this company. FISCAL IMPACT: The fiscal impact of this purchase is in the amount of $191,790 for the installation of backflow devices. Funds are available in the Water Capital Cross Connection Control Project Fund. Source of funds is Water User Fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact in accepting this proposal. RECOMMENDA TION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, award Bid #01-3214 for Backflow Cross Connection Program to North American Operating & Maintenance and authorize the Chairman to sign a standard contract after review by the County Attorney. SUBMITTED BY: n Supervisor .',...-..... 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Q,l .. .= .= 1:.1 .... 1:.1 .... Q,l "Cl Q,l .C = .C = 1:.1 = ~ 1:.1 ~ ~ ~ ~ ~ .C <<I .... ;.. ;.. - >. -; ~ ~ ~ <<I :0 - Z >. .. .. ell :0 -; .b c;) E = >. .. 0 E .. E- Q) E- :0 = .... = .0 tll E- Eo- Q) E- E tll E tll -< e: -< Q) Q) tll- ~ tll ~ -< -< U ~ 0 0 ~ I:;::; ~ r.f) I:;::; ~ ~ 0 tJ 0 ~ I:;::; ~ I:;::; ~ tJ a:l ~ ~ ~ a:l tJ tJ ~ N ~ ~ a:l ......... a:l ..... = - = l"') ...... - N I ls. - ] - '3 ~ '3 <( tll tll tll tll I s:::: Q Q Q It'l - - - - .c t: ell ~ Qj = ell 1Tj .~ - Q,l ~ .01 ~~E~ ~ ~ N J ;.. a = H '- ~ r. U 2 2001 - PG, "b tll Q) 00 ~~ tJ ~ Po. Po. - = = ....... ..... .". f'I'!., r ,:1''(fJ!fl''; ~'-'''-? ~r'" r " J EXECUTIVE SUMMARY AUTHORIZE FUNDS FOR ADDITIONAL ENGINEERING SERVICES DURING CONSTRUCTION OF COUNTY UTILITY RELOCATIONS IN CONJUNCTION WITH US 41 ROAD WIDENING FROM MYRTLE ROAD TO OLD US 41, PROJECTS 70047 AND 70048. OBJECTIVE: To minimize disruptions to water service associated with the timely construction ofthis important road improvement project. CONSIDERATIONS: The County currently has a Professional Services Agreement (PSA) with Tampa Bay Engineering, Inc. (TBE) to provide engineering and inspection services during construction of County utility relocations necessitated by the Florida Department of Transportation (FDOT) widening of US 41 between Myrtle Road and Old US 41. The FDOT contractor has taken longer to construct and test the new County water mains and remove the old mains than anticipated. This has created the need for TBE to provide engineering and inspection services for a longer period of time than anticipated. ~, TBE has estimated that this will increase their fees for FY 2001 by $17,680.00 over the amount of $150,704.59 for this year, which the Board previously approved on December 12,2000 (Agenda Item 16 C 3). FISCAL IMPACT: This project increase is funded by water user fees. Funds in the amount of$8,652.11 are available from project 70047 - Relocate 20"/12" Water Main on US 41 from Immokalee Road to Old 41. Funds in the amount of$9,027.89 are available from project 70048 - Relocate 12" Main on US 41 from Myrtle Road to Immokalee Road. GROWTH MANAGEMENT IMPACT: This project involves the relocation of existing utility facilities and will have no impact on growth management. ,- RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, authorize additional funds in the amount of $17,680.00 in FY 2001 for a Professional Services Agreement with Tampa Bay Engineering, Inc. SUBMITTED BY: ~4 'F ;p.:~ DATE: 7--;::2.::2 ~(/I Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department HO.rm~" JUN 1 2 2001 PG. I ,- Executive Summary Authorize Funds Page 2 REVIEWED BY: REVIEWED BY: APPROVED BY: RFD:rfd f!;;~~~r Public Utilities Engineering Department Qjbrd~Y) ~iul E. I\'1:attausch, Water Director ~c JI!~4 J s V. Mudd, Administrator Public Utilities Division Attachment: Letter from TBE ~--- DATE: ~-!JzJc/ , DATE: ~/z41t)1 DATE: ~~~/ ~~~~ NO.~ JUN 1 2 2001 PG. :L (.J (; (; 'BE TBE GROUP, INC. Main: 727.531.3505 800.861.831 Fax: 727539.129. lNVv"N,tbegroup.com (; 380 Park Place Blvd. " Surte 300 " Clearwater, FL 33759 May 15,2001 Via Fax 941/774-9370 Hard Copy to Follow Ronald Dillard, PE Project Manager 3301 East Tamiami Trail, Building H Courthouse Complex Naples, FL 34112 RE: SR 45 (US 41) Collier County Utility Relocations Financial Project ill: 195378-1-56-01 and 195380-1-56-01 TBE Project Number 00026-002-00 Dear Mr. Dillard: As you are aware, the utility relocation work for the subject project has taken longer to complete than originally anticipated. As a result, TBE has exceeded the authorized funds for construction inspection services. Work remaining on the project includes removal of existing pipe, connection of services, and assorted punch list items. We estimate that approximately five additional weeks of inspection time will be required, assuming that the contractor completes the work as presently scheduled. Therefore, the following addition level of effort is required: . On-site inspection, Howard Duff: 200 hours @ $59/hr . Project management/engineer, Tom Jones: 32 hours @ $97/hr . Project director, Tom Jones: 8 hours @ $125/hr . Vehicle allowance, miscellaneous expenses: Tot~d Additional Cost: $11 ,800 3,880 1,000 1,000 $17,680 TBE would appreciate your timely response to this request. Please contact me i1' you have any questions. Sincerely, TBE GROUP, INe. ~~!.~. Thomas T. Jones, PE Proj ect Manager TTJ:jak A~~O' NO./folCJ 0 JUN 1 2 2001 PG. .3 J :\DOC\00026\00026002.00\RDil15150 l.doc Civil Engineering . Construction Management . Subsurface Utility Engineering · Transpo EXECUTIVE SUMMARY ACCELERATE CONSTRUCTION OF A SEGMENT OF THE NORTH - SOUTH RECLAIMED WATER INTERCONNECT IN ADVANCE OF LIVINGSTON ROAD PHASE 2 CONSTRUCTION, PROJECT 74012. OBJECTIVE: To provide an interconnect between the County's north and south reclaimed water systems as required by the April 1 0, 2001 Consent Order with the Florida Department of Environmental Protection (FDEP). CONSIDERATIONS: The April 10, 2001 Consent Order with FDEP requires that the north-south reclaimed water interconnect be in place prior to December 1, 2001. In order to achieve this, it will be necessary to construct it more quickly than the normal bidding process allows. Staff proposes to construct the main prior to phase 2 of the Livingston Road project instead of during it. Section 255.20 F. S. requires that all public works construction projects over $200,000 be procured via formal public competition. However, subsection 255.20.1.a, band c of the F. S. gives the Board of County Commissioners discretion to waive this requirement under emergency circumstances. Accordingly, staff recommends that the Board exercise its - discretion and waive the formal statutory and County purchasing policy requirements for formal competition and authorize staff to enter into a contract with one of the contractors under the "Underground Utility Contracting Services" Contract 00-3087, Dated September 12,2000. On May 4, 2001 staff received cost proposals from the four contractors under contract for "Underground Utility Contracting Services." On May 8,2001 staff requested an alternate quote from the three lowest proposers for embankment using fill material available on site. The proposal amounts were as follows: Mitchell and Stark Construction Company, Inc. (M&S) Florida State Underground, Inc. (FSU) Kyle Construction, Inc. Douglas N. Higgins, Inc. (DNH) Alt. Prop. Use Original Prop. On Site Fill $728,057.00 $544,552.00 $714,501.30 $566,325.30 $798,163.00 $672,968.00 $968,465.00 NI A Staff proposes to issue Work Order No. 35 to Mitchell and Stark Construction Company, Inc. in the amount of $544,552.00 for construction of the project. The cost includes $512,464.00 for utility items and $32,088.00 for road items that will be required in order to install the utility items. ,- NO. Air/A ~TE~ JUN 1 2 2001 PG. I - Executive Summary Accelerate N-S Reclaimed Interconnect Page 2 The engineer's estimate was $1,180,710 for the project, which included $349,720 for the road items. Staff also considered issuing a change order to the Livingston Road, Phase I construction contract. The contractor for that project proposed to do the work, using on site fill material, for $615,193.30. Staff will also issue Work Orders to Agnoli, Barber and Brundage, Inc., the design professional, for preparation of drawings for the separate reclaimed water main project and services during its construction at an estimated cost not to exceed $30,000 and to KCCS, Inc. for engineering inspection services at an estimated cost not to exceed $72,810. FISCAL IMPACT: A total of$544,552.00 is available for the construction work order. Funds in the amount of $512,464.00 are available in the Sewer Capital Fund. Source of funds is Sewer Impact Fees. Funds in the amount of $32,088.00 are available in the Road Construction Fund. Source of funds is Gas Taxes. A budget amendment in the amount of $50,000.00 will be needed to transfer funds from Project 74015 - Misc. Effluent Improvements to Project 74012 - Livingston Road 20" Reclaimed Water Main in order to' have funds for the engineering and construction inspection work orders plus contingencies. GROWTH MANAGEMENT IMPACT: The Livingston Road reclaimed water main is included in the Effluent Reuse Master Plan for the North County Service Area and in the Wastewater Master Plan update approved by the Board on July 22, 1997, agenda item 12- C-5. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District, waive the formal statutory and County purchasing policy requirements for formal competition; approve accelerating construction of the Livingston Road Reclaimed Water Main, Phase 2; authorize the Public Utilities Administrator to approve a work order to Mitchell and Stark Construction Company, Inc. for its construction; and approve the necessary budget amendment. PREPARED BY: ~f/ Y{:. c;p~~ DATE: 5--! Y:~C / Ronald F. Dillard, P.E., Project Manager Public Utilities Engineering Department .~ NO. AG~ ~(M<..! JUN 1 2 2001 PG. ~ =- Executive Summary Accelerate N-S Reclaimed Interconnect Page 3 REVIEWED BY: ~.Gft~{2vJl,~J~ DATE Mitch Riley, P.E., Senior Project Manager Transportation Engineering & Construction Management Department ,~/;?/o I I REVIEWED BY: DATE: s-h,JoJ { ( ~~ Roy B Anderson, P.E., Director Public Utilities Engineering Department REVIEWED BY: "-~ 7f' ~'l'l/ Steven Y. Carnell, Purchasing Director DATE: 5!~8( D I REVIEWED BY: B~ DATE: 5.. 30..0 J APPROVED BY: c2' u ~~ es V. Mudd, Admlmstrator Public Utilities Division DATE: ~J/o I RFD:rfd NO. AGEH07((r~ JUN 1 2 2001 PG. .3 EXECUTIVE SUMMARY APPROVE FUNDING, WAIVE CONTRACT DOLLAR THRESHOLDS, AND AUTHORIZE THE EXECUTION OF AGREEMENTS FOR ENGINEERING AND CONSTRUCTION SERVICES RELATED TO SEWER INTERCONNECTS, PROJECT 73076 OBJECTIVE: To minimize disruptions to sewer service by providing means to reroute flows to optimize availability of existing wastewater treatment capacity. CONSIDERATIONS: During the County's peak demand season of 2000-2001, the North County Water Reclamation Facility experienced several overflow events that resulted in an FDEP Consent Order. In order to prevent similar overflow events from happening during future seasons, it is proposed to provide the means to reroute flows to other treatment facilities with available treatment capacity. In order to continue allowing new connections to the County sewer system, a connection to send wastewater from the north County sewer system to the City of Naples sewer system was designed and constructed. This was done as an emergency response in accordance with the Interlocal Agreement approved by the Board on March 27, 2001 (Agenda Item 8-C-2, Resolution 2001-96). Actual engineering fees and construction costs for this emergency interconnect are $21,300 and $67,990.32 respectively. Under the thresholds of the annual underground utilities construction agreement, all work orders exceeding $50,000 require Board approval. Staff hereby requests that the Board ratify work order 34 to Kyle Construction for construction of the initial emergency interconnection. Staffhas sufficient authority to process the engineering work order. Staff recommends constructing three additional sewer interconnects. Two of these are needed prior to the 2002 peak season. They will provide assurances that the County can continue allowing new connections to the County sewer system. The first will connect the south County sewer system to the City sewer system. The second will be a fast-track temporary connection between the north and south County sewer systems. The third will provide a larger, more permanent connection between the north and south County sewer systems. The study and design of this third interconnect will also begin this year. The estimated FY 2001 engineering costs are $552,200 and construction costs are $1,324,000 for these recommended interconnects. Procurement of design services, materials, and construction services must commence immediately and continue for the next several months. The bulk of the procurement work is anticipated to occur during the Board's 2001 summer recess. To facilitate this accelerated project, advance approval is needed to execute any and all purchases and/or ,-, AG~A lJiM ___ NO. {..lIt. ~ ~ JUN 1 2 2001 PG. / ::::: Executive Summary Approve Funding for Sewer Interconnects Page 2 contracts directly related to the recommended interconnects that, in accordance with County Purchasing Policy, require Board approval. Staff proposes to obtain price quotations from all of the contractors under the current underground utilities agreement, select the lowest quote from a qualified and responsive firm and have the Public Utilities Administrator authorize the work and issue a work order(s) on behalf of the County. In addition to the County's purchasing policy, Section 255.20 F. S. requires that all public works construction projects over $200,000 be procured via formal public competition. However, subsection 255.20.l.a, b, and c of the F. S. gives the Board discretion to waive this requirement under emergency circumstances. Accordingly, staff requests that the Board exercise its discretion and waive the statutory requirements for formal competition for the reasons cited herein. FISCAL IMPACT: A budget amendment in the amount of $1,965,500 is needed to transfer funds from Wastewater Capital Reserves to Project 73076 - N-S Sewer Interconnect. Source of funds is Sewer hnpact Fees GROWTH MANAGEMENT IMPACT: This project involves optimizing available treatment capacity in response to growth. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water Sewer District: 1. Authorize funds for engineering and construction services related to the North- South Sewer Interconnects and approve the necessary budget amendment, 2. Waive statutory and County purchasing policy requirements for formal competition, 3. Waive the upper limit of $50,000 on individual work orders issued under Bid 00- 3087 for Underground Utility Contractors related to this project only, 4. Award, and authorize the Public Utilities Administrator to execute the necessary agreements, work orders, and/or purchases related to the recommended sewer interconnects in time for peak season 2002, and 5. Ratify the previous authorization to Kyle Construction, Inc. for construction of the emergency sewer interconnect between the north County system and the City of Naples system as codified in Work Order 34 under contract 00-3087. NO. AGE(~,n~.s- JUN 1 2 2001 PG. cfL Executive Summary Approve Funding for Sewer Interconnects Page 3 SUBMITTED BY: REVIEWED BY: ~ t;{~{6( REVIEWED BY: REVIEWED BY: APPROVED BY: RFD:rfd ~ r:r~ Cj}~ . Ronald F. Dillard, P.R, Project Manager Public Utilities Engineering Department ~c~ Roy . Anderson, P.E., Director Pub ic Utilities Engineering Department f G;1/~i)~ I' . Carnell, Purchasing Director B~ ~.~~~ Ja . Mudd, Administrator Public Utilities Division DATE: 5".- 2. :?~- o! DATE: 5"- ~ I - tJ / DATE: ,5/2-1(0 ( DATE: 5/30/0/ DATE: ~~j) AGE!?}; 1yr ~ NO. ~ JUN 1 2 20t11 .3 PG. -- APPROVE A PURCHASE AGREEMENT FOR LAND REQUIRED TO RE-ALIGN THE LANDFILL ACCESS ROAD (AlK/A WHITE LAKE BOULEVARD), PROJECT NO. 70054 OR IRCTIVF.: To approve a Purchase Agreement for a parcel of land which is required for the re-alignment of White Lake Boulevard along the western boundary of the South County Regional Water Treatment Plant. CONSTnRRATTON: The purchase of Parcel "K" (as shown on Page 1 of Exhibit A of the attached Purchase Agreement) and the re-alignment of White Lake Boulevard along the western boundary of the South County Regional Water Treatment Plant is an integral part of that certain Property Exchange and Design / Construction Agreement dated August 1, 2000, between Collier County and Richard K. Bennett, Trustee. Parcel "K" contains 10,379 square feet and constitutes the western tip of the White Lake PUD, which is located within Interchange Activity Center No.9. While currently unplatted, the subject property is eligible for commercial uses, and enjoys excellent exposure from the Interstate 1-75 off-ramp at County Road CR-951 (Collier Boulevard). ~ At less than $5.00 per square foot, this purchase is considered to be within therange of probable values for the subject property. FISCAL IMPACT: The purchase price of $50,000 will be paid from Fund No. 411, Water Impact Fee. GROWTH MANAGRMRNT TMPACT: This land purchase is necessary in order to move forward with the South County Regional Water Treatment Plant expansion project, CIE Project No. 70054. As such, it is consistent with the County's Comprehensive Plan and Growth Management Plan. RRc;OMMRNTlATTON: That the Board of County Commissioners of Collier County, Florida: 5. Waive the requirement for an appraisal for a real estate purchase of less than $100,000 in accordance with the provisions of Section 125.355, F.S. Approve the attached Purchase Agreement between Citygate Commercial Inc., and Collier County, Florida in the amount of $50,000 and authorize its Chairman to execute same on behalf of the Board. Authorize payment to Citygate Commercial, Inc, in the amount of $49,650 ($50,000 LESS $350 for documentary stamp tax). Accept for recordation in the public records the instrument of conveyance of the property contemplated by the Purchase Agreement. Authorize staff to proceed with the related real estate closing and to record in the public records of Collier County, Florida, all instruments as may be requ' AGtHOA ITEH NO.{~ G& JUN 1 2 2001 Pr.. I 1. 2. 3. r' 4. -- PREPARED BY. , eal Property Su anagement Department REVIEWED BY: Charles E. Canington, Jr., S A, Director Real Property Management Department REVIEWED BY: ~ . ~ Mohan Thampi, P.E., Project Manager Public Utilities Engineering Department APPROVED BY: Q. ;/ ~~ Jam . Mudd, P.E., Administrator Public Utilities Division 2 DATE: S,..3o....01 DATE: 5-~-or DATE: s-f.?/ /01 I ' DATE: ~/o) / AGENOA ITEM NO.-1 LJ ~ fJ JUN 1 2 2001 PG. eP. PROJECT: SCRWTP Expansion PARCEL "K" DRAFT , PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between CITYGATE COMMERCIAL, INC., a Florida corporation (hereinafter referred to as "Seller"), whose mailing address is 5672 Strand Court, Suite 1. Naples, Florida, 34110, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; and WHEREAS, Purchaser is authorized to acquire the property pursuant to a Property Exchange and Design/Construction Agreement approved and executed by the Board of County Commissioners on August 1, 2000; and WHEREAS', Seller has entered into a sales contract with the Property's owner, William T.Higgs,.a copy of which is attached hereto, in order to procure the Property for the purposes set forth in the Property Exchange and Design/Construction Agreement and with the intent to sell the Property to Purchaser; and WHEREAS, Seller desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Seller for conveyance of the Property; and WHEREAS, the parties agree that $50,000 is a fair and reasonable market value for the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is' nereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Seller shall purchase the Property from its current owner. 2. Seller shall convey the Property to Purchaser for the sum of $50,000.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"); Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon. 3. Prior to Closing, Seller shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Seller shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 4. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within thirty (30) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the AGENOA ITEM NO. 'lL3 GU JUN 1 2 2001 pc. .3 Purchase Agreement DRAFT Page 2 -- County Warrant to Seller and Seller shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 5. Conveyance of the Property by Seller is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and with the exception of that certain Property Exchange and Design / Construction Agreement dated August 1, 2000, there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 6. Seller is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 7. 'Seller 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 Purchaser; that the Seller has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Seller has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation. storage, treatment, spill or / transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Seller shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Seller's representation under Section 7. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Seller. Seller shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 10. 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. /- 11. If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller 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 AGENOA ITEM NO.-l ~l.I JUN 1 2 2UUl 4. PG. . ., Purchase Agreement DRAFT; Page 3 Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 12. This Agreement is govemed and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this _ day of , 2001. Date Property acquisition approved by BCC: August 1, 2000, Agenda Item # 16 C (17) AS TO PURCHASER: . DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman Deputy Clerk AS TO SELLER: CITYGATE COMMERCIAL, INC., a Florida corporation WITNESSES: By: Witness (Signature) Robert Paul Hardy, President Name: (Print) Witness (Signature) Name: (Print) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attomey " I AGENDA ITEM NO'--1 ~C V JUN 1 2 2001 PG. tJ E"X' H I 8 \ T ., A II (I,,~ Z. ) SEC11011 35.' .J. " TOWNSHIP -49 SOOlH. ,~ RANGe: 26 EAST. ~ ..--- --, '\ \ ) l.fWU) + SECTION CORNER I QUARTER SECTION CORNER P.O.B. POINT OF BEGINNING R.O.W. RIGHT-OF-WAY . BREAK POINT ~ NOT TO SCALE C!iuER caJNlY, FUHDA l.ClCA"TlCW ~ ..-:.3. . 27 26 26 35 34 35 .. I. I WA"fER TREA ,..,.ENT P ARea P.O.B. EASBDT '"r 34 35 N89iJO'01'"E 399.19' R-320.14' =#"35.08" L= 249. 12' / ~~ ~~~\ I --+~ SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) (-,Of>. SCRWTP B ~0Sl~ _ COWER COUNTY. FLORIDA EASEMENT '" . SDSK OJECT: 0051800 CAD F'; 00518008.dwg 9> NOTED: .' ~WN BY: S.F.R.N. ST AFF OiEo<m BY: G. RA YMAN OA1E:. 07/20/2000 FlEl..D NO ~ 01 PG.t EXt1\ B II "A '" (2L ~ 2) LEGAL DESCRIP1l0N - . EASEMENT -K" ~ A PARCEL OF LAND 8E1NG A PORTION OF SECTION .35, TOWNSHiP 49 .. SOUTH. RANGE 26 EAST; COLUER COUNT'(, FLORIDA. 8E1NG MORE P ARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE QUARTER CORNER COMMON TO SECTIONS 34 AND 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLiER COUNTY, FLORIDA, RUN THENCE N89-01'01"[ ALONG THE SOUTH .LJNE OF THE NORTHWEST QUARTER (NW1/4) OF SAID SECTION 35 A DISTANCE OF 399.19 FEET TO A POINT ON THE SOUTHERLY llNE OF A LANDFlLL ACCESS ROAD AND POINT OF BEGINNING. RUN THENCE ALONG SAID SOUTHERLY llNE S4.3"47"54"E A DISTANCE OF 310.04 FEET TO A POINT ON A CURVE CONCA VE TO THE NORTHEAST HAVING A RADIUS OF 320.14 FEET AND WHOSE CENTER BEARS Nf612'06"E; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 44.35'08" A DISTANCE OF 249.12 FEET; THENCE 589.00' 01"W ALONG THE SOUTH UNE OF THE NORTHWEST au ARTER OF SAID SECTION .35 A DISTANCE OF 125.57 FEET POINT OF BEGNNING. . SKETCH OF DESCRIPTION (THIS IS NOT A SURVEY) \ [-rOR' ~~ _ COWER COUNTY. FLORIDA SCALE: EASEMENT ",<.. SDSK ':JROJECT: 0051800 CAD ... LE: 00518008.dwg NOTED: DRAWN BY: S.P.R.N. STAFF CHEC<ED BY: G. RAYMAN DA TE:. 07 /20 /2000 X)K NO A. SHEET: .~ Fi::ii R: R..L S. :33 1& 1 PG. 1 jJN 01 2001 10:24 FR QUARL~S _ BRADY LLP 941 434 4998 TO ?E~ CUkl"' ) A1TAG.H~N'- I l J OF \~. ... :,;;! -'!:. -; ", '; ~ _:: . ',~' ,:,~:" ','~:" ,'" ,.....~.::::/\:::~ Commerclali',Cont~c:t :.~i;' 7 t, . .. '. _ ," "'. ',' :.l..!. _'1: ,",', , ' F\';ORIDAiASSOCIA.rrO'~ OFJ,eAI!lrORS~' . - ~. f.' ,),~ :.~ ;":.:~' <,:';~' ~: .. i ','1 'l\"_O:;:'.' '. ,'1' ,.. ': ,. 8'" , . !'" ~ 1. 1, PURCHASE AND SALE: citvqate COlllJll,ercia1., Inc. z- agrees to buy and WilliaJl1 T. Hiqqa 3- agrees to sell the Property descrIbed as: Street Address: Not ApplieablQ ("Buyer") ("Seller") 4" S. Legal Description: See a1::tached Exhibit 6" approximatelY 10,379 square feet (.2338 acres) areel oontainin 7" and the fallowing Personal Property: None 8. 9 (all collectively referred to as the "Property") on the terms and conditions set forth below. The "Effective Date" of this Contract is 10 the date on which the last of the Parties signs the latest offer. Time is of the essence in this Contract Time periods of 5 l' days or less will be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a , 2 Saturday, Sunday or national legal holiday will be extended until 5:00 p.m, of the next business day. days from Effective Date $ $ $ 125,000.00 10.00 13. 2. PURCHASE PRICE: 14' (a) Deposit held in escrow by ~ (b) Additional deposit to be made within $ $ ,..,I (e) Total mortgages (as referenced in Paragraph 3) 17. (d) Other: 18' (e) Balance to close, subj'i!ct to adjustments and prorations, to be made with cash, locally drawn $ 19 certified or cashiers check or wire transfer. 124,990.00 20. days from Effective Date ("Application Period"), Buyer will, at Buyer's expense, appl or years and with a fixed interest rate not to exceerl 0 23- to exceed 0 ;:4. zs Buyer timely provide any and all credit. <G employment, financial and other asonably required by any lender. Buyer will no' 27' financing or lender. If Buyer, after diligent effort, fails to obtain Inancing Period"), Buyer may cancei the Contract by giving prompt notice to Seller and Buyer's upon obtaining from .- . rece:pt of a copy of thiS page, wr,ich is page 1 of 5 Dages. A A ITEM No. 166& cc-z ~'997 Florida A66ociallon of REALTORStl All Rights Resef'lM .' . J U N 1 2 2001 Produced WlI" ZIDFcrrn"" by RE FormsNel, l:'C 13025 !,In...n Mil. Ra,d, Clinlcn Townsh!D. MichIGan 4e035 (800l3ll3-ge~$ O"'T'a... H",dy I.I.P 'SOl /olal1ft T,m,lJJ', T~,;. N.p1<J FI. 3410.; ~hon. a'I.~Ha"'\ ~g. a4I'1j44...aa~ T161S.-1Z':': :IN 01 2001 10:24 FR QUARL.:::S - BA~~ ~~~~ T~~:~O(~) '-.d.Y~~ 31" 4. TITLE: Seller has ltle legal capacity to and will convey marketable title to the Property by l&l statutory warranty deed 3Z' Oolt1er . (ree of Ilens, easements and encumbrances of record or known to Seller, 3J but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and (list an' 34. other matters to which tide will be subject) Whi. tQ LakQ Pun . 35. 36 provided !here exists at dosing no violation of the foregoing and none of ltIem prevents Buyer's intended use of the Property as 37" N I A 38. (a) Evldenc9 of TItle: Sellar will, at (check one) t19 Selle(s 0 Buyer's expense and within ~ days iii from Effective Date 3a. 0 prior to Closing Date 0 from date Buyer meels or waives financing contingency in Paragraph 3. deliver to Buyer (check one) 40" Ii] a liUe Insurance commitment by a Florida licensed tille insurer and. upon Buyer recording the deed, an owners policy in 41 the amount of lt1e purchase price for fee simple !iUe subject only to exceptions slated above. 42" 0 an abstract of litle, prepared or brought current by an existing abstract firm or cer1ified as correct by an existing firm. "3 However, if sudl an abstract is not available to Seller, then a prior owners ti~e policy acceptable to the proposed Insurer as 44 a base for reissuance of coverage. The prior policy wlll include copies of aU policy exceptions and an update in a fonnat '45 acceptable to Buyer from the policy effective date and certified to Buyer or Buyer's c.!osing agent together with copies of all 46 documents recited in the prior policy and in the update. 47 ( Examination: Buyer will. within 15 days from receipt of !he evidence of tiUe deliver written notice to Seller 0 48 defects. liDe w d acceptable to Buyer jf (1) Buyer fails to deliver proper notice of defects or 2 vers proper 49' written notice and Seller cures . in days from receipt of the no6c 'e eriod"). If lt1e defects are 60 CtJred within !he Curative Period, dosing will OCCU days from ra uyer of notice of such curing. Seller may 51 elect not 10 cure defects if Seller. reasonably believes an red within the Curative Period. If the defects are S2 not cured within lt1e Curalive Period, Bu er 0 days from receipt of no s inability to cure the defects to 53 elec! whether to terminate c or accept liUe subject to existing defects and close the trans . out reduction in 54 purchase Ii arty who pays for the evidence of title will also pay related title service fees including tiUe an 55 s and title examination. 56 urvey: (check applicable provisions below) o 5e e days from Effecfive Date. deliver 10 Buyer copies engineering documents, I a. following documents relevant to this transaction: specificatio 57. sa" ss. 60 possession, which show all currently exisfing structures. 61" 0 Buyer win, at 0 Seller's 0 Buyers expens to deliver and examine tiUe evidence, 62 obtain a current certified surve roperty from a registered surveyor. If the survey '~ncroachments on lt1e 63" Property or provements encroach on the lands of another, 0 Buyer will accept the Prope 'sting 84" e ments 0 such encroachments will constitute a title defect to be cured within the Curative Period. 65 {d} 11111"':;:>'" VI Eg..::~~. 3dl", ..alla..l:, It,~t If,,, P'UfJ(.I~] fJ'l;';;>e"Uy 1,6~ ;1I911;;;.:l.:l cud e~''''.:J3. 66 (e) Possession: Seller will deliver poss~lon and keys for all locks and alarms to Buyer at closing. 67- 5. CLOSING DATE AND PROCEDl,JRf: This transaction will be dosed in Colli.er County. fiorida on 68" or before the JU1'19 '15. 2001, or within _ days from Effective Date ('Closing Date.), unless otherwise extended ea- herein. 00 Seller 0 Buyer. will designate the closing agent. 6uyer and Seller will, within 5 days from Effective Date, deliver to 70 Escrow Agent signed instructions which provide far closing procedure. If an institutional lender is providing purchase funds, lender 71 requirements as to place. time of day, and closing procedures will control over any contrary provisions of ttlis Contract. 72 (a) Costs: Buyer will pay taxes and recording fees. on notes, mortgages. and financing statements and recording fees for the deed. 73 Saller will pay taxes on the deed and recording fees for documents needed to cure title defects. If S~ner is obligated to discharge 74 any encumbrance al or prior to closing and fails to do so, Buyer may use purctlas8 procaeds to satisfy the encumbrances. 75 (b) Documents: SeHer will provide the deed, b;lI o( .J81e, mechanic's lien affidavit, ~iflnfficRt sf 193ESl>, lIpd:1t~,1 r~nt [('Iii, 76 ~and lender estoppel letters. as.3i~flmcflt:J sf pSR'flit-s and Ii e:.oo&<l&. ::;orrscti"Q iRtt;:lJl:;:lImfs ;lnd telters J:lQtifyir:lg h>n~<:: nf n if1a d\8R~C iA GWASR:;Ri"/I'eRbI 3gMt. If &'J ;e"oll! .duJc.~ to execu~ all =h)fJfJel letb:.., ~dle, ..;11 ~Itif) It'dt i"fulllI<1DulI 78 roguFding ~c tcnanf3 1M:" ;" I"Yllel..l If 3tllltll i::. d. WIIJUJddulI, Se:tler will de~lvel a re:wludon of I[S tiOara Of LJlreClorS 79 aU!f.oAing If:lc sJlc ;lna e:1sli'.'sry of !he daDS Jf1d 6OiiinG::tioA BY ~J G:::rj::.Qf:Jtc 5o.;~"tJrj I:gr,i~iQS 111Q rg€~!utiQi:l 'ind 'i~tting forth ao faCI::. ,,1,uwiTl!:/ tll'" '-'JtI""ya,,1..<;: \"'llIrUllll~ ,,,,;~, tl,o,:; '''''1''';'::II1<::IJb:> ~f 1...,-,,<1 law. SGit,. "ill tran3kr scst:tn:-i aepo&ili; to 8~yer. Buyer 31 will provide lI1e dosing statement, mortga~s ~I)d ncfes, securirj agreements and financing statBments, I ~{! 32" Buyer( ) ( ) and Seller (/~./ r r ~ ) acknowledge receipt of a copy "2 of 5 Pages. CC-2 Clea7 Florida As:rocialion of REAL TORS0) All RIghts Reserved No. _~~u....... ~'E ,-,... UC ,_ "M",". ..". ~""" ,_~".M~. "-~Jl.m~~.2001 Pg, T!:" SHzn.: , 'Ii' ,,,._..._"'__.."""....,.,.,,...,...,,""~". 8.3- 84. JJN a: 200: 10:24 FR QUARL~~~~(:-~~~~~~~~~ ~~;C~l~~ ~.~~/~= (c) Taxes. Assessments, Prorations: The following items will be made current and prorated ~ as of Closing Date o as of : real estate taxes, G9ne ans JGbQl:&~QRt paY~9AIE 4bE:b/Aleg ey iiwYQr, iRt9rg&t, " l'el'i 13 , B:'!:'!aeialiaA a~88, iAsMrooee)rsmiHfM aeeel='taele te 8wY4lr, QIi111r:t~GiIR;alllxpPR"ili ~d . If the amount of taxes and assessments for tf1e current year cannot be aSC8rtaiI'M, rates for the piavlous year w!ll be used witi1 due aflowanca being made for Improvements and axamptions. Seller is aware of Hid foJlowfng assessments affecllng or potentially ~J'" a::~c:jr.g:he Prcper:-i: :T~n~ . as Buyer will be responsible for all assessments of any kind whicn become due and oWing on or after Effective Date, ur,less the 90 improvement is substantially completed as of Closing Date, in which case Seller will be obligated to pay the entire assessment. 91 (d) FIRPTA Tax Withholding: The Foreign Investment in Real Property Act {"FIRPTA'} requires Buyer to withhOld at closing a 52 portion of the purchase proceeds for remission to the In tarnal Revenue Service ("1.R.S.") if Seller is a "foreign person" as defined 93 by the Internal Revenue Code, The parties agree to comply with the provisions of FIRPT A and to provide, at or prior to closing, 94 appropriate documentation to establish any applicable exemption from the withholding requirement if withholding is required 95 and Buyer does not have cash sufficient at closing to meet the withholding requirement, Seller will provide the necessary funds 96 and Buyer will provide proof to Sellar that such funds were properly remitted to !he I.R.S. 87. G. ESCROW: Buyer aM Seller authorize Quarles " Brady UP \lS- Telephone: Facsimile: Address: ee. to act as "Escrow Agent" 100 to receive funds and other items and, subject to dearance, disburse them in accordance with the terms of this Contract. Escrow 101. Agent will deposit all funds received in 6a a non-interest bearing escrow account 0 an interest bearing escrow account with 102. interest accruing to N/A with interestdisbllrsed (check one) 0 atcloslng 103. 0 at inlervals, If Escrow Agent receives conniding demands or has a good faith doubt as to Escrow 104 Agenrs duties or liabilities under this Contract, he/she may (a) hold the subject matter of the escrow until tile parties murually 105 agree to Its dIsbursement or until issuance of a court order or decision of arbitrator determinIng the parties' rights regarding the 106 escrow or (b) deposit the subject matter of the escrow with the cJer1<. of the circuit court having jurisdiction over the dispute. Upon 107 notifying the partJes of such action, Escrow Agent will be released from aU liability except for the duty to account for items 10S previously delivered out of escrow. It a licensed real eslate broker, Escrow Agent will comply with applicable provisions of Chapter 109 475, Florida Slatules. In any suit or arbitration in which Escrow Agent is made a party because of acting as agent hereunder or 110 interpteads the subject matter of the escrow, Escrow Agent will recover reasonable attorneys' fees and costs at all levels, with 111 such fees and costs to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in favor 112 of the prevailing party. The parties agree that Escrow Agent will not be liable to any person for misdelivery to Buyer qr Seller of l.~.escrowed items, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross negligence. 1. PROPERTY CONDITION: Seller will deliver tJ1e Property to Buyer at the time agreed in its present "as is" condition, ordinary 1,-' 'wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. Seller makes no warranties 116 other than marketablllty of tltle. By accepting the Property .as is", Buyer waives all claims against Sellsr for any defects in the '17 Property. (Check (3) or (b)) ',S- ~ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its .as is' condition. 119. 0 (b) Due Diligence Period: Buyer will, at Buyer's expense and within days from Effective Date ("Due Diligence Pericd'), 120 delennine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's intended use and development of 121 the Property as specified in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, analyses, surveys and 122 investigations ("Inspections') which Buyer deems necessarj to determine to Buyer's satisfaction the Property's engineering, 123 architectural, environmental properties; zoning and zoning restrictions; flood zone designation and resmctions; subdivision 1201 regulations; soil and grade; availabllily of access to public roads, water, and other utilities; consistency with local, state and regional 125 growth management and comprehensive land use plans: availability or permits. government approvals and licenses; compliance with 125 American with Disabilities Act; absence of asbestos, soil and ground waler contamination; and other inspections that Buyer deems 127 aopropriate to determine the suitability of the Pro,:;erty of Buyer's intended use and development. Buyer shall deliver written notice 12e to Seller prior (0 the expiration of the Due Diligence Perioa of 3uyer''i determination of whether or not the Property is acceptable. 129 Buyer's failure to comply with this nodce requirement sr,at! constitute acceptanca of the Property In its present 'as is. condition. 130 Seller grants to Buyer, its agents, contractors and assigns! the tight to enter the Property at any time during the Due Diligence 1:;! Period for lt1e purpose of conducting Inspections: provided, however, that Buyer, its agents, contractors and assigns enter the '~2 Property and conduct Inspections at their own risk. Euyer shall indemniff and hold Seller harmless from losses, damages, costs, 133 claims and expenses of any nature, including attorneys' fees at all le'/eis, and from liability to any persen, arising from the conduct of 134 any and aU inspeciions or any work authorized by Buyer. Buyer will not engage in any activity that could result in a mec.r,anic's lien p~ being flied against the Property without Seller'i prior written consent. In thee'Jent this transaction dc-es not dose, (1) Buyer shalt 136 repair all damages to the Property resulting from the Inspections and return tha Property 10 the condition it was in prior to conduct ot 137 the Inspections, and (2) Buyer shall, at Buyer's expense, release to Seiler all reports and other worK generated as a result of the 138 Inspections. Should Buyer deliver timely notice that the Proper.y is not acceptable, Seller agrees that Buyer's deposit shall be 139 immediately returned to Buyar and the Contract terminated. luyer (~ ( .' .I ) and Sellar (/;~(L- ) acknowledge receIpt ot a ~py of this page, '.vhich is page 3 of 5 Pages. AGENDA ITEM No.-tf+-E~ 0:15. (J~lt!iJ, 2 2001 }O Pg. J ,~, ,,~'" --- CC-2 r,:)1997 Flonds Assodauon 01 RE.~ TORS4ll All ~ghl& R9~el'i9d Proc.h,,.C\1 ft'tU, Z;;F'~"t- uyRE rOrm:3tiClt.. w..c: lo.OZ~ fiNeen MUt:: RC2Jd. Cl:nlCl'\ Town!J1'p. MIC"Ilg2n Jl..N 01 2001 10:25 FR QURR~ES - 8A~~~~ft~~:p8 ~(~~\'0 ...t:J;)/tj~ 141 (~Ik tRf~ll,jgA IAE:pestisA: 8ijyer ~8)'. SA tRB say pAor Ie elesiRg er SAY e!hcr I;me--ffltrltjally egre:eaele to !he ~artiE:3, 142 c>"rdl.ic~ d flr'r:al "I"alk tRr9lj~R" iAG!3eolieR af lt1e Propert'/ te eetermif'16 (;Ol'Ml'li8f'1~e ,,:th !II;" Pal 6~, ","I, "lid to ell;)UIC;; U !ell all 1-'3 Orel'lerty is Of! (he j!rcmiX3. 144 (d) Disclosures: 14.5 1. Radon Gas: Radon is a naturally occ~ming radioactive gas t":al, when it has acc'Jmulated in a building in sufficient"",,- 146 Quantities, may present health ris,~s to persons WilD are exposed to it over ti;,ne. Levels of radon that exceed federal and state 147 guidelines have been found in buildings in Flonda. Additional information regarding radon and radon testing may be obtained 148 from your county public health unit. 149 2. Energy Efficiency: Buyer may have determined the energy efficiency ratn9 of the building, if any is located on the Real 150 Property. 1S1 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any business 152 conducted on the Property in the manner operated prior to Contract and will take no action that would adversely impact the 1SJ Property. tenants, lenders or business, If any. Any changes, such as renting vacant space, that materially affect the Property or 154. Buyer's inter-ded use of the Property will be permitted 0 only with Buyer's consent I&] without Buyer's consent. 155 9. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Cl:lntract is not met and 156 Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit will be returned in 157 accordance with applicable Florida laws and regulations. 158 10. DEFAULT: 1S9 (a) In the event the sale is not closed due to any default or failure on the part of Seller other than failure to make the tille 160 marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposi~s) or (2) seek specific performance. If 161 Buyer elects a deposit refund/Seller will be li15bl-e 10 Droker for the full amot:Jnl of !he br~k~f8gl: f.:c, shall 162 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller ffiey ettflcr (1) retain all deposit(s) 1GJ paid or agreed to be paid by Buyer as agreed upon liquidated damages, ~ideration for the execution of this Contract and in 164 full settlement of any claims, upon which this Contract will terminate or .(~) ::.cek ~pcUfi" fJ<=.fUIIIIc:lln..c::. If S~lI\:1 Idel;";> the 1 65 dep03;l, So!lI~, ,.;Il pay Ih! L.!bllg 611d COOP!' ~ti1l9 0, okel~ ,,&,l'ICld ;" r/!l !tSr8fl~ 12 fifty ~'eef1t af ell feFfeitea eeJ)e3its retainod 168 by Selle, (I\.. l.,c;; ~plit eQudlly a,"01lS M.e Olok.::,.!l) up to ~,e full tlll.OuFlt of 1M, brelcrage fee:. 167 11. ATTORNEY'S FEES AND COSTS; In any claim or controversy arising out of or relating to this Contract, the prevailing party, 168 which for purposes of this provision will indude Buyer, Seller and Broker, will be awarded reasonable attorneys' fees, cost anr'-- 169 expenses. 170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or for any other reason owes compensation to, a licensed h_ 171 real estate Broker other than: 172- (a) Listing Broker: None 17:]" ;Nho is 0 an agent of - 0 a transaction broker 0 a nonrepresentative 174- and who will be compensated by 0 Seller 0 Buyer 0 both parties pursuant to 0 a listing agreement 0 other (specify) 17S' 176" 177" 178' 179" 160' '61- 182' 163" lB<1' (b) Cooperating Broker: None who is 0 an agent of and who will be compensated by 0 Buyer cooperating broker 0 other (specify) o a transaction broker 0 a nonrepresentative o Seller 0 both parties pursuant to 0 an MLS or other offer of compensation to a 185 (collectively referred to as "Broker") in connection with any act relating to the Property, including but not limited to inquiries, 15S mtroduct:ons. cOfisultations and negotiations resulUng in this fransacticn, Seller and Buyer agree to indemnify and hold Broker 167 harmless from and against Josses, damages, costs and expenses of any kind, including reasonable attorneys' fees at all levels, and 188 fram liability to any person, arising from (1) compensation claimed which is inconsistent with the representation in this Paragraph, (2) 189 enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Broker at the request of Buyer or 190 Seller. which duty is beyond the scope of services regulated by Chapter 475, F,S., as amended, or (4) recommendations of or sertices ,g, provided and expenses incurred by any third party whom Sroker refers, recommends or re~ains for or on behalf of BUY9r or Seller. 192" 13. ASSIGNABILITY; PERSONS BOUND; ihis Contract may be assigned to a related entily, and otherwlse CJ is not assignable 193. ~ is assignable. The terms "Buyer," "Seller" and "BrOKer" may be singular or plural. This Contract is binding upon Buyar Sell!' 194 and their heirs, personal representatives, suice~~)rid assigns (if assignment is permitted), 1S$' Buyer ( ) ( ) and Seller (/~..~ ) acknowledge receipt of a copy o. 4 of 5 Pages. CC-2 ~1997 Florida AsSOCiation 01 REALTORSilD A~ Rights Reserved Produce" wIln Z/"Form- DV RE FormsN9t LLC 1602.5 FlOeen Mile Roao. Cllnlcn Tawn,h;e, M;cl\'a~n C~5, 1~:a+5L 2U:l T"i;'.\l!tJ.o1 7..F"X "'""'-_........_.>-_...."'""._'""~,,.<,~._"-'" Pc t \ ,J~N 01 2001 10:25 FR QU~RLES - BRA~A~~l~~-f-TO@E~~G~;; -'.';:::/'d'=' 196 14. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to this Contract): 197" 0 Arbitration 0 Seller Warranty 0 Existing Mortgage ..- 0 Section 1031 Exchange 0 Coastal Construction Control Line ~ Other ~21 'Rppresentation ;r.dde.T'ldurn o Property Inspection and Repair 0 Flood Area Hazard Zone 0 Other "uu. 0 Seller Representations 0 Seller Financing 0 Other 201 15. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and S""eller. Modiflcations of 20:: tl;is Contract will not be binding unless in writing, signed and delivered by the party to be bound, Signatures, initials, documents 203 referenced in this Contract. counterparts and written modifications communicated electronically or on paper wil: be acceptable for 204 all purposes, including delivery, and will be binding. Handwritten or typewritten terms Inserted in or attached te this Contract prevail 205 over preprinted terms. If any provision of this Contract is or becomes invalid or unenforceable, all remaining provisions will continue 206 to be fully effective. This Contract will be construed under Florida law and wit! not recorded in any public records. Delivery of any 207 written notica to any party's agent will be deemed delivery to that party, 208 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN ATTORNEY 209 PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL FACTS AND REPRESENTATIONS THAT ARE 210 IMPORT ANT TO THEM AND TO CONSULT AN APPROPRIATE PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE. 211 INTERPRETING CONTRACTS. DETERMINING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF 212 TITLE, FOREIGN INVESTOR REPORTING REQUIREMENTS, ETC.) AND FOR TAX. PROPERTY CONDITION. ENVIRONMENTAL AND 213 OTHER SPECiAlIZED ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUpy THE PROPERTY AND THAT ALL 214 REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER REPRESENTATIONS OR PUBLIC 215 RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF THE REPRESENTATION. BUYER. AGREES TO RELY 216 SOLELY ON SELLER. PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY 2lT CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 218" DEPOSlT RECEIPT: Deposit of $ 10.00 by l&I check o ather received on 219" ,_by Signature of Escrow Agent 220 -.\OFFER: Buyer' offers to purchase the Property on the above tsrms and conditions. Unless acceptance is signed by Sellar and a signed copy delivered to Buyer or Buyer's agent no later than 0 a.m. 0 p.m. on ' - ' 2Z3 Buyer may revoke this offer and receive a refund of all deposits. 224" Date: BUYER: Tax ID No: 225" 226- Title: Address: Citygate Commercial, Inc. Telephone: Facsimile: Telephone: Tax ID No: Facsimile: 227" Date: BUYER: 22S" ZZS' Title: Address: and agrees on the above terrr,s and condi~ons (0 subject to the 230. ACCEPTANCE: Seller accepts 8uyer's off 231 attached counter offer). - 232. Date: // Tax ID No; 233. Title: Address: / SELLER: ,/ / /: 236- TiUe:' Telephone: 237- Address: /. ./ / 236. 8uyer (~ ( ) and Sellar ( i~) acknowledge receipt of a copy of this page, which is page 5 of 5 Pages -. ~Ihe Fiorida Assoc:ation of REAL TORS@ makes no representation as to the legal validity or adequacy aT any crovision of tr,is fOr11 in any spade ,-ar::act:on, ! hiS standardized form should nOl Ce used In complex transactions or with extensive ricers or additions, This (arm IS a,atlabta tor ~sa by tr,a entire rea, est3~e Industry and is not Intended 10 idenlify the user as a REAL TOR~, REAL TOR01s a registered colleClive membership marK wntcn may 013 Gsed oniy :1 real esta!e Itcensees who are members of the NATIONAL ASSOCIA TION OF REAL TOR5@ and who subscribe to Its COde of Ethics. The copyrighllaws of the United States (17 U.S. Code) forbid the unauthorized reproduction oi this form by any means Including facsimile or eor.putanzed forms cc.;z ~19S7 Florida Association of REAL TORS4iI All Rights ReSOlVed N/GENDA ITEM PrOCluced ""lh ZlpFprm ~ by FIE FormsNol. LLC 1e02~ Ftneen Mile Roao, CIi~IQn Tc...".nIQ, MJ:i1!\:.."" O)!5. (eOc) ~ U JUN 1 2 2001 ,~ Telephone: Facsimile: ,2,34' 235' Date: Tax 10 No: Facsimile: I ,,~,w," 5 -R QU^RL-- - ERAD'" I LP 9.41 434 4998 TO FOWE,~ CORP ~. 7/129 0 JUN 01 2001 10: 2 r- ,.., =::l '_, ' . , , " '. os' 23.' ?OOl IrE:D 16; 1,5 F.-\.\: 9H71H876 .RE.o\LPROPERn'A1"TAt::H~-r.J\ <:;; OF'6 ~ 005 . '.. .', ..' .E"XH LB IT. ", A ""(i a~ 2. ) .. ~ 5.C:CTICW .35. TO\tcN9i/P "9. SiJlpH! $ RANG.: 2& DST. ' (;J --- -- f' ' LE GENn , ~. SECTION CORNER I F.O.S. R.. O. W, . QUARTER ~ECllON CO~NER POINT OfBEGlNNING RIGHT-Of-WAY SR~ ?OINT' @ '. NOT TO SCALE ca.1JER CtllNTY. Fl()(D)A l..OC.A 1JOI ~ 27 26 -.= .35 26 3.5 r I /, ."B.91)O'Q1-E ~-r j ! , WA TER 1REA ThfENT P ARea 34 R-==J20.1~ , ==+4-"]5'08. l=249.12' /' '~ "~~~ I ....j. ------1,,- NOTED: ORA"'N BY: S.F.R.N. STAFF Cit:CCEO BY; G. RA "\"MAN OoioT'E::. 07/20/2000 _..,...,...Uc._ ~.~..,.~~ .. r:D ~ ~ -=:% '- __ ~-=- . -...,~.Q.,--~.~_..... O'W. EASflAENT .;< SOSK PROJECT: 0051800 CAD FILE: 00:: 1 aOuG. dwg ;;' SKETCH OF DESCRIPTION CDilS IS NOT A SURVEY). Fe..: SCRWTP REVFRSE. 0S1.40S1S E:(PANSI~' COWER COUNTY. FLDR1DA ..' I i , $~ ~ e~ N"" S'i-irrT': N.;\. 1/ / 2 .JCB ~ 0051B.00 "~'''''''''''''"~-"''''""""-,;-_.";",,,",,"....,,,j,..;'''~~_ ;.ow,;"''''''..,......;,."......, JUN 01 2001 10: 25 FR QUARLES - BRADY' LLP 941 434 4998 TO POL..IE.R CORP .. P.0t:l/I::l'::l . '5.i'.'2001 "'ED 16'lS.;~!'1111W" . . . . RE.<L:PROPE~T~ ATlAC~,weN\ (! OF 16) ~oo. ~. . exH 1 B 1 1- ;. A" (1 ~.2 ) , LEGAL DfSCRIPll~N.-: . . f ASE~~NT -K- A PARCEL OF: .LAND 8ElNG APOR"llON pF'SEC1l0N.35. TOWNsHIP 49 ., SOU1H. RANGE 26 EAST) COLUER COUNTY. FLORIDA. BEING MORE P AR1TCULARL Y OESCRI8ED AS FOLLOWS: ' . COWJENCING .'A T THE QUARTER CORNER COMMON TO. SEC110NS ::54 AND 35, TO\\NSHIP 49 SOUll-i, RANGE 26 EAST, COLL1ER COUNTY, FLORIDA, RUN THENCE N89.01'01"E ALONG THE SOU11-f UNE OF Tl-iE NORTHWEST. QUARTER (NWl/4) Of SAID SECTION. 35 A DISTANCE OF .3.99.1 ~ fEET TO . A POINT ON THE SOUTHERLY L1N.E OF A" LANDFlU. ACCESS ROAD AND POINT OF BEGINNING. RUN lrIENCE ALONG $,4JO SOUTHERL'( UNE S4S4TS4-E A DJSTANCE OF .310.04 FEET TO A POINT ON A CUR\JE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 320.14 FEET AND 'M-lOSE CENTER BEARS N4S'2'06ftE; THENCE NORTHWESlCRL Y AlONG 1l1E ARC OF SAJO CURVE THROUGH A CENTRAL ANGLE Of' 4-4-35'08" A DISTANCe: OF 249.12 FEET: THENCE S8S.00'O'-W ALONG 'THE SOUl); UNE OF TI-lE NORTH~ST QUARTER OF SAID SECTION 35 A DISTANCE OF '25.57 FEET POINT OF BEG.lNNING. . AGENDA ITEM NO'-4l1CU. JUN" "!"'~'1 ; ... I, ""I ~ \ . \ '-t . . I , - ---..J --,-at Pg. SKETCH Of DESCRIPTION (THtSIS NOT A$URVEY) \ FOR: SCRWTPR~SE OS~9SJS ~~ COWER COUNT'(.. flORIDA ' EASEMENT DK- SOSK PROJECT: 0051800 CAD FILE; 0051800B.dwg NOTED: ORAM4 BY: S.t.R.N. STAFf Crie:CXeJ BY: G. RAYMAN o^TE::. 07/20/2000 ... - . , - .....- - - - T - - 1 ~ f1ElJ) BOOlC ..'" N.A. SH((T: 2// . / 2 EnQIneets.S~."~ '. --.- -'---'''-'-. .. .... ""'J!tlI:"',,, ;",- .........,; ....1IIII:oI:IIt . . .JC6 ,.,. f1..Ol;SOA ILL-So ALS21133 00518.00 ,UN 01 2001 10'25 FR QUIRES ~:A\D~~:;;~"'(!: ~'I:) ,..... G1::V\:::::: LEGAL REPRESENTATION ADDENDUM Buyer: Seller: Cit"jgate Commercial, Inc. William T. Higgs The Seller and Buyer in this transaction are very much experienced in the business ofbuying and selling real estate and, normally, each is represented by the law firm of Quarles & Brady LLP. Generally, the Buyer's legal work is handled by Leo J. Salvatori and C. Lane Wood, and the Seller's work is handled by Thomas E. Maloney. Both parties wish to use the aforesaid lawyers in connection with this transaction, being convinced that this is a straightforward transaction and that there is no need for the strict rules of client confidentiality, disclosure and loyalty to apply. Therefore, both parties agree that in this transaction, the Seller shall be represented by Thomas E. Maloney, and the Buyer by Leo J. Salvatori and C. Lane Wood, and that all information provided to any of the aforesaid attorneys shall be made known to all of the parties hereto. The parties also agree to indemnify and hold Quarles & Brady LLP harmless against any loss which it suffers by reason of this dual representation, which the parties have requested. In the event that either party or Quarles & Brady LLP determines that a conflict of interest is developing between the parties, both parties agree that they will seek outside representation, and that Quarles & Brady LLP shall be released of all of its further obligations in connection with this matter. BUYER: SELLER: Date: . Higgs J U A./E:- Citygate Commercial, Inc. BY: AGENDA ITEM No. I [p CLt JUN f 2 2001 r'C Pg.0 QBNAPlJOJl358.l ** TOTAL PAGE.09 ** c- , ~.~O~V'~~-J ~: :-~-;~\ ,: __, I _... ___.. .._- __ I ." __.0' .--- -~- .".--"'-,...,........ . Fl.. A-rrAe:..H~N\ ,. 1. PURCHASE AND SALE: C.i t:yqata commercia.l, Inc. 2' agrees to buy and ...JiU.iaJII T. Hiqq~ a. agrees to sell the Property described CiS: Street Address: Not .Appl:i.cab~e (-Buyer') ("Seller') .;." S' L.egal Description: SQe attac:h9d E.xhibi t A, beinq an irr(;)qu13,rlv :3ha'Ped 'POi-reel containinq a' 8'P~rQxi~tQly lO,379 9quar~ feot (.2338 ~c=as) T and the following Personal Property: None a. 9 (aD collectvely referred to 3S the 'Property") on the terms and conditions set forth btllow. The "EftecUvQ Oats" of this Corrtract is 10 the data on which the last af the Parties signs the latest offer. Time is of the essence In this Contract. Time periods of 5 '1 days or less will be computed without including Saturday, SUnday, or natonal legal holidays and any ~me period ending on a 1 z Saturday. Sunday or national legal holiday will be extended until 5:00 p.m. of the next business day. days from Effective Date $ $ $ S $ 125,000.00 ~o .00 '3.2. PURCHASe PRiCE: 14" (a) Deposit held in escrow by , S' (b) Additional deposit to be made wIthin (c) Total mortgages (as referenced in Paragraph 3) 17. (d) Other. 18.. (II) Balance \0 close, S1Jbjecl to adjustments and prorations, 10 be made wilt1 cash" locally drawn $ 19 certified or cashier's ched: or wire transfer. 124,990.00 20' . THIRD PARTY F1NANCING: WiL'1in days from Effectlve Date ("Application inlf\e amounl of $. or 23" to e:tceed 0 :Z4" 2S Buyer 2e emp:oym9n~ financial and other Umely provide any and all credit. upon obtaining cancel the Contra~t by giving prompt f\otice to Sellar and Buyar's .29-""re\L;;;-ed to Buy&r in accordance with Paragraph 9. 3D" Buyer ~ (~ and Salfar (---> (~ acknowledge receipt of a copy of this pagE:, which :.s page , of 5 Pages. ecz (()\'.l91 F\oriCl~ e>.ssaciatio/1 or REAlTORS!l All Rights Rese.rve:J ;:<"OCll.C'C'l1...i\h Z1s:F"",,'" by RE F""",,,Ngt, \.LC 18CZS Fi'\.c~ Mil. R"'ld, Clr.lc. r.,.,.,..:;t/;>, Mia,;. 480.35. (&l!J. 'A ITI=M Q\=1"'.l:llradyl.U'.I:ll'.n,l,T.....;..,.,Tr.Ill.lol.1pl..I'l..1.'Ol Ph"""ll4I"'..... No. f= ~:,j"-"'"'ll~ JU~4 C~\j.~ . .. i....... pg.-1 u -rsu,l a...,= -:r,'-- n~ ~l ..", ,...".., """'Inn... ...........-0: ,,- '-c-: e:.:.c~\';_,:..;:::" ::=:\:::_c=v::\- A;\TAC.r\- ~--r...JT Qo_~~?~~ 1 e,) . ~~, ~~ =' _ .0: - -" '-- --...- ........ -..... , ... -_..< '-...- .......,....' 31. 4. TITLE: Saller has tlle regal capacity to and win Ct:Jnvey marl<eLoble title ID ltle Property by @ SI.aMory warranty deed 32" i:J ~lher . . free of liens, easements and encumbrances of r9c0rd or known to Saller:' , 33 but, subject Ie property: taxes for the year of closing; covenants. resbictions and. pubfic utility easeme~Is' Of. recOrd;' and (fist 3(lV' :w ol:t1er matters to Which liUe will be subject) ~ te Lake FOD $. , , '- 00 provided .Itlera exists at closing no "ie/anon of lhe for~oing and none of ftlem . prevents BUy~r'8 intended use of the property as ' , ' 37- N / A 30- (a) Evidence, of Title: Seller will, at (check' one) ~ Sellet's 0 Buyer's expense and within --L- dayS'. ~ frbin . Elfactiva' Date ' ;)9- " q prior ,to Closing Data. 0 from da~ Buyer ~ts or waiveS financing a:lOtingenc:y in Paragraph 3, deliver lD SUyrir (check one)'" 40- fa a tiae insurance commitment by a Florida' ,licensed title insurer andl upo'n' Buyer, recording lhe deed. an owner's policy in 41 ' !he amoUTTtof ltte pUlcOase price fOrfee simple HUe subject only to exceptions stated above. ...' 4:Z-' 0 an abslract of rftJe, prepared or brought current by an existil1-9 abs1ract firm or certifTed as correct by an exisoog'firm. ' '.' .' , 43 However, if such an. abstract is not available to Seller, Ihen a prior owners tide policy acceptable" to the proposM rnsu~r as' 44 a basa for reissuance- of coverage. The prior policy will include ccpias of all policy exceptions and an update..in a, format 4S . acceptable In Buyer from 1he policy effecljve date and certified to Buyer or Buyer's dosing egent 1~tt1er wjth, cOpies of all 4S documenl:; recited in the prior polio/ and in the update. 47 .( . Ex~lnClrlon: Buyor will, wllhln 15 days from ret:eipt of the evidence of title deliver written notice to. Seller ~ , 4a defecb. Tille w ed acceptable to Buyer if (1) Buyer (ails to dallwr proper notice of defects or 2 eTIVifS proper 4g. written notice and Seller cures . In days from ret:eipt of the noti. "anod.). If the defects are so cured within the CuraUva Period, dosing will 0CC1J days from r uyar of nolice of such wring. Sl:Jller may 51 eled not to cure defects if Seller' reasonably believes an red within !he Curative Period If the defects <:Ire 52 not cured within Itle Curative Period, Bu er 0 days from receipt of noli s inability 10 curellie defects 10 53 elect whether to lerminate ct or accept title subject In existing defects and close the Iran . out reduction in S4 purchase ri who p.:3ys for Ihe evidence of bile will also pay relaled tiUe service fees inducing liUs an 55 sand liUe elCamination. 56 urJey: (clleck applicable provisions below) S7" 0 Se e days from Elfedive Dale. deliver 10 Buyer oples of prior surveys, plans, specificatio sa- engineering documents. I a . following documents relevant to this lransacfion: sp. . prepared for Seller or in Selle(f Go possession, which show all currently existing structures. 61. o Buyer will. at 0 Seller's 0 Buyer's expens In Ihe time perro to deliver and examine !i!:le evidence,'"' 5, obtain .a C..JTT9nt certified surw roperty from a registered sUlveyor. If lt1e survey croad'lments on lhe 63' Property or provements encroach On the lands of anolt1er, 0 Buyer will ao:apt the Prope 'sting e4' ments 0 such encroachmenls win conslitute a title defect 10 be cured within the Curative Period. 65 {d) h'l:ll~ol) ur r:;f'~- Sdfe.1 n..:III~IlL.t1lat tin; PlvJ-I'-ody ""'~C:;Iftl, h<d;:' ;'I::trt;,;;).,lI ~lid '~I...J..". 66 (e) PossessIon: Seller will deliver poss~lon and keys (or all locks and alarms 10 Buyer ~t dosing. 87" 5. CLOSING DATE AND PROCEDURE: This transaction will be closed in Co~HQ:Z:: County, Ronda on 68. or before ltle J'uc.a '15; 2001, or within _ days from Effective Data (Closing Date.), unless otherwise extended I51r herein. lZl SaliM 0 Buyer.will designate the closing agent Buyer and Seller will, within 5 days from Effective Data, deliver to 70 Escrow Agent signed instructions Which prolride (or closing procedure. If an instilutional lender is providing purchase funds. lender 71 requirements as to place, lime of day, and dosing procedures will O:JnIroI over any contrary provisions of this Contract n (~l Costs: Buyer will pay ,taxes. and recording fees an noles, mortgages and financing stltements and recording fees for the deed. 73 Saller wiG pay taxes on the deed and recording fue.s for documents nsede.d to cure ti~e defects. If Seller is obligaled to aischarge 74 atly encumbranca at or prior i6 Closing 'and fails to do SO, Buyer may use purchase pl"OCa?ds ro satisfy lt1e e!lCIJmbranees. 7$ (b) ',Oocumerrls:Scllcr will. pl'o~ida the deed, ~:fl ,,/ .:laic, mechanic's raen affidavi~ ilssigMAQllt Q~ I~J~Q" tll'dJ.t>ld r"..~t r-~, 7Q'1~nd lender' estoppel letters. a.:l_i~MfflC,f)tJ sf I1Cfm~G liCClt.G<JE:, ::-:;:.rrnctj,~ i:.1s.lnim<;<Rti -.11 14lt!Q("') n"f:ry;":;J ";n;Jn"'; of 77 1:f1c. ~t1f1~e:: if. :ivIftelAshipl1Bnbl 3gQR.ft :f dL~)' te,UQnt l.ert.J~ Lu ~~tc QlI ~lV)-oit'~ i...lli:.1. S(!Hf!J war Ce tier lb-ot ;,.;"", IUQ6lo.J1 J 78 rog':l'GiAg If:Ie IcftSftf3 le83c i$ c.:,,,=.L If ~1I"1 i-o> a' i-UI)JuI ~1:ll;lJ; .seller will dl::llhi~1 a l~olU1Jon OT' lIS 8oaro - ar . UlfdCtcrS 7g nUYieMFlg!J\c sOlO Me! de.li'/eFY ef ,U:le Seee ~ii 1)3JifiE;3~OR ':;y lJ:le corF-::lg Sg~t::..y oc~~,:ir;g lkJg. r:&!:cJutoo. ~r:;d 'i~n-g' fortb so i'd<.;t, ;,hut'iill~ tlJO::: .....IIVt::J<1Ji\.<:l '....JlIt\J11I1;;. ..itll 'tilt; 1l:''<l..Ii'';'lI",,"G ui I(J~~ Jllk StlJ~r-"NiII J<cr;s1Cr sr-AblR?; Gel"'9&~t<: ~ B~. Buyer 31, ~JIf provide the dosing statamen~ mort;ages andncles, ~ecurity 3gr~ments and fi:1ancing statements. 8.... Suyar~.J (' ) .d1ld Seller ( ) (-----> ad<nowled~ receipt of a copy of this page. which is page 2 of 5 P3gci cc..z QlGg7 ROrld,:lAss.ocl31Jon of REA1. TORSo2lAJI R1011\ls R(!S6~ ProdIA:bl 'WI1l1 ZlcF.om"" by RE FcwmsN"', u..c 181115 Frilo.... ""1$ Road. Cl;~t"" T"""",,'-"'. '-:'1.:/1/0"" AGENDA ITEM .. NO,uf~& (BOO) J 1 Z 2001 Pg. (, J~'~ --;."',""'_...._.,'_~_";<~"..,;.4,<>~...,"".;"",.,...." ._:;.; g;~c;l.\,;~;l.=:;'" :::"=_>=-"=\- A"TTA.!.-t\-~~, fi~~.o~~~""'\ = w...." ....... c:.......... ......'""_ '" ,,,'_""'''''''-_' l.."''''''''' ........' "'...... -...J-' -~....-' ...J "'-'~'""~.. "),...,,;....,....:: 6:3' 8 A." .-., (c) Taxes, Assessments, Prorations: The following Items will be ~ made current and prorated ~ as of C:os;ng Date o 3S of .: real estate .taxes, oo.M 3n~0f\' p,JYFl1eA~ 3S&W1'1~yer, i::1~'i:l<:~ fef1b; 3!Jaaialien e1:lC3. if'lS:fr8Aae-pfe~Il:J~s fjaee~lal:lltl te Byyer, a~QI'.JllgAal 9~liRllg~ jll<1. . If the amount of taxes and assessments for ttle current year cannot be ascertaIned, rares for tlle p(e~lous year will be used V>'ith due _, allowance being made for improvements and exemptions. Seller is awa/1! 01 lt1e following assessments affecting or po!l;ntially 6e. affecting lt1e Property: Nonl;) . .&9 Buyer will be responsible, for all assessments of any kind whIch become due and owing on or after E~ve Date. unless the 00 improvement 15 sul::st3ntl~ly c.:lrnptatBd as of Closing Date, in which case Seller will be obtigafed to pay the entire assessment 91 (d) FIRPTA TilX Withholding: The Forei~n. Investment in' Real Property Ac.t ("F!RP7~') .re~uires .Buyer 10. .....ithheld at do:;irig a e2 portion of the purchase proceeds for remiSSion to t1e Internal Re'lenue Service ( I.R.S.) If Saller IS a .forel!;n pe~on" as defined ~3 by the (nlemal Revenue Code. The parties agree to comply with the 1X'0visiOl1s of FIRPTA and to provide, at or prior .to closing, A4 appropriat9 documentation to establish any appITc:able exemption from the witllholding requirement If WIIJ'lholding is required as and Buyer does not have cash sufficient at closing 10 meet the withholding requirement, Seller will provide the ne:ess<.lry funds 98' and Buyer will provide proof to Seller. U1at such funds were properly remitted . to the I.R. S. 1lT' 6" ESCROW: Buyer arid Seller autilo,ge Quarles &; Brady LLJ? 9S" Telephone: Facsimile: Address: 9S" to act as 'Exrow Agent" 10" to receive funds and other items and, S\lbject to c!earance, disburse them in accordance with the terms of thi3 Contract Escrow 1131" Agent will deposit all funds receive<! in il a non-interest bearing escrow account 0 an lnlerast bearing escrow account ....ith 102. intEtest awuing to N/A with interest disbursed (dlecl< one} 0 at dosing 103. 0 at intervals. If Escrow Agent receives conflicting demands or has a good fuilh doubt as to Escrow 104 Agent's duties or liabilities under this Contract. he/she may (a) hold the subject matter of ltle escrow unfil the parties mutually 105 agree to its disbursement or until issuanca of a court order or dedsion of arbltrator determining the parties' riShts regarding tl1e 106 escrow or (b) deposit the subject matter of the escrow with the deIic of Ihe circuit court having jurisdiction over the dispute. Upcn 107 no~fyin9 lhe parties of 'such action, Escrow Agent will be released from all liability except for ll1e dUty (0 aa:cunt for Hams 106 previously delivered out of escrow. It a licensed real estate broker. Escrow Agent will comply with applicable pro\1sjons of Chapter 109 475, Florida Statutes. In any suil or arbitration in which Escrow Agent is mads a' party beCause of acting as agent hereunder or 110 interpJeads' the subject matter of the escrow, Escrow Agent wiD recover reasonable attomeys' fees and cost:; at all levels. with ,,, such fees and rosts to be paid from the escrowed funds or equivalent and charged and awarded as court or other costs in faver 112. of the pre.tailing party. The parties agree that Escrow Agent will not be liable to any pe~an for misdefivery to Buyer or Sallar of "J escrowed items, unless lt1e misdelivery is due 10 Esc-ow Agent's willful breach of this Conl.r.id or gross neglig~nce. - ,7. PROPERTY CONOITION: Seller will deliver the Property to Buyer at the ~me agreed in its present "as is. condition, ordinary wear and rear excc;:lted, and will main\::lin the landscaping and grounds in a comparable condition. Seller makes no \varranUes ... other than marketability of title. By accepting the Property 'as i~., Buyer walvas all claims against Seller for any defects in the ,17 Property. (Cher-..k (3) or (b)) 116" El (a) As is: Suyor has inspec:ed the Property or w:;ives any right to inspect and accepts the Property in its .as is" ccnc.5on. 1'9- 0 (b) Due Diligence Period: Buyer will, at Buyer's e:.pense and wittlin days from Effective Date rDue Diligence Peried). 1:20 determine whether the Property is suitable, in Buyer's sole and absolute dlseJelion. for Buyor'1S intended use and development of ,121 tl1e Property as sp~lfied in Paragraph 4. During the Due Diligence Period, Buyer may conduct any tests, anal)'Ses, surveys and 122 investigations ("lnspeclJons") which Buyer deems necessary \0 detennine to Buyer's satisfaction lhe Pro~erty's engineering, 1Z3 arcl1iteclural. environmental properties; loning and zcning restricticns; flood 20na dasignatlon and restricti~ns; subdi'{ision 1:;:.4 regulations; soil and grade; availability at access to public road:;, water, and other utilities; consistency with local, :tata and regional 125 growth mar.agement and comprehensive land use plans: 3vailal::i1ity of permits. government approvals and licenses; r::ompliance '...ilh '26 American with Disabilities Act; absancs of asbestos, soil and ground water conbmination; and other inspeciicns that Buyer deems 127 appropriate to determine tf1e suitability of the Property of Buyer's intended usa and developmed. 8uyer shall deliver written no'ice 12~ to Sellor prier 10 tha expiration of the Due Diligence Period of Buyer'v determination of whether or not !h& Property is aCCl?ptatJ!s. 129 Bu~er's failure to comply with this nouce requirement shall cons'lil1.Jte aa:aota"ce of the Property in its present "as is' eonditiOt'l. lJO Sell!)' grants to Buyer, its agents" contractors and assigns, the right to enter the Froperty at any lime during the Due Diiigence 131 Period for U1e purpose of c.onduc1ing Insj:~6ons; pro\lided, however, that Buyer. its agents, contractors and assign:: entEr the 13~ Property and ronduct Inspections at their own risk. Buyer shall indemnify and ho.id Seller harmless from losses, damages. c:os';s, 13;) dalms and expenses of any naMe, including eUomeys' tees at all levels, and from !lability to any person, arizing from tile conduc! of 134 any and all inspections or any work authorizad by Buyer. Buyer will not engage in any activity that could result In a mechanic's lien 135 :eing filed against the Property without Sell or's prior writlen consenL In the avant tllis tra.J1sac~on does not do~, (i) Buyer snail 13~ repair all damages to Itle Property resulting from the Inspections and return the Property tD !he condl~on il was h1 prior to conduc: of l:Ji ths Inspections, and (2) Buyer' shall, at Buyer's expense. release to Seller all reporb and other work ~enarated as a result of ~~e 135 lnspections. Should Bu)'& deliver timely nctic~ that the Property is not acceptable, Seller agrees IJlat Buyer's deposit s~a!1 be ;~9 immediately retumed tc Buyer and the CAntract terminated. ' '..:'8uyer (~1\ ) ( ) and Seller (~ ( ) acknowledge receipl of a cooy cr tl1ls PZ.g9, wr,ic.'1 is pge 3 of 5 P;;g?S, , AGENDA ITEM No. \LRC Lt I :r.:;.s ,"1l,1'u' ""'s" FL'(')f'l I . \;ru~T L. ~'-\.iJ ps1.L__ i - .... _. _~J.. T:r:61;U z:;x ~c.'Z OJ 91'11 Flori::!:J ~ialio" of REALTORS.., All Rlahi; RG.:-."'oo P,.,du""'; willi ZlI>""""'" ~ FoIE .."".,,,N6I. lLC 16425 F'h......, ",n. ~4, ::1"",,,,, T""""nIF. Mld-J'P" = C.- '-'~" ~'.:.' ""~,_-",, -.;;,,;; .~.=\.';;,.,. A"r"'-r-A/ I~.. it.::::"). \-r-- ~P? -OF--1 "-),. .... I .....-0....."., .... -- -'- __"-' ~'-" \ I ~ ~Tl'V~1I'-' \. '-..... ......Jt::'.... = ,:.' ""'_'1 -... _'............ ...'.,'_1 II' ......_."'___ I.J'...I......' _I..-I ____... ~-..o,""" -,..1_.., ~I -"c-:w/...... r-'1l:'.1->""=..I:; 141 {a} W.aJk tl;r91l9h IAspIl9tJel'l; Swyer ~ay. ell IR9 gay ~riGr !o elasiF\!J ar SAY It!her limE:' A'll:lltlalfy 8@rcC8s/a \0 !he ~ 142 tond!.:';! 'J till:;! 'walk ~RitlgA' IRSfJOOYaR af lAc PFtlpOfty Ie ~etefflli~e; t:6rf1~J;d..(.<;; ,,;U", !r.;~ J-IOl"YhlI-'M lu.d tu t;:IJ;:'UIt;: (1,...( e:'l '. 1.13 ~1y is elf! tAS l"rllffliees. 1+4 (d) Olse/ollures: 145 1. Radon G:J3: Radon Is a naturally occurring radioactive gas !hat, when it has accumulated in a building in sufficient 1<1lJ qualitities, ~ay present health risks to persons who are ;xposed to It over UmBo Lavers of radon that exceed federal and s!ale 1-'7 guidelines have been found in buUdlngs In Fiorlda. Additional information regarrling radon arid radon testing may be obtained 148 from your county putnc health uniL 14Q 2. Energy EfficJency; Buyer may have determined the energy efficiency rating of the building, jf any Is located on Ihe Real tSO Property. 1~1 8. OPERATlON OF PROPERlY DURING CONTRACT PERIOD: Seller will continue to operate l1e Property and any business 152 ~onducl.ed en the Propertj in the manner operated prior to Contract and wiU lake no action that would adversely impact !he 153 Property. tenants, lenders or business, if any. Any changes, SUch as (en ling vacant space, !hat materially affect the Property or 1 S4- Buyers intended usa of the Property will be permitted 0 only with Buyer's consent l&l without Buyer's consent. 155 9. RETURN OF DEPOSIT: Unless otheM'ise specified in the Contrac~ in fhe even! any condilion of this Contract is not met and ~~6 Buyer has timely given any required notice regarcing the condition having nol been met. Buyer's deposit wi]1 b~ ret:.;::-,cd in 157 ao:ordance with applicable Florida raws and ragulalfons. 1sa 10. DEFAULT: 159 (3) In the event the sale is not closed due to any default or failure on the part of SeIler other than failure to make the tire H!O markelat)e after diligent effort. Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek specific performance. rf 161 Buyer elects a deposit refund, -Seller w;IIt...I;cbl... Iv :),,,,/..,, fe, th! f~ll M,C,dflt ef I~e ofake:ra!'J~ fcc::. shall lCZ (b) In \he event the sale is not closed due to any default or failure on the part of Buyer, Seller Iflay etlf\er (1) retain atl deposit(s) 1e:J paid or agreed 10 be paId by Buyer as agreed upon liquidated damages. ~lder<Jl1on for the executlon of this COI1D'act. and in 164 full seltlement of any ctaims, upon wnich this Contract will terminate or (2) ~ee" ;:.pe...;G<.. !-''''' (ullholll<:l!l. If 31>1Il!h Ida;,,;> ~.~ 16S depo..a, Celler '..;~ pa)' th, l;"t;lI!:j &,0 Cco~eraG"g D:ak~3 Ml'I'IcJ ill r8f8:jfap" 1: ,.fJty poerasRt sf all fe~k:ti- <<l3e3i~ retained-- lee by 3..d1", (tv be ",.1:1 equi!rll) ,,".V"!! ~.... D, ",J....,...) up-tv b,a full ..",u",ntl3f tII~ B"':(!:f6~e fee. 107 11. ATTORNEY'S FEES AND COSTS: In any claim or controversy arising out of or relaUng to !his Contract, the prevailing party. 168 which for purposes of this provision will include Buyer. Seller and Eroker, will be awarded reasonaole attorneys' fees, ;cost and 169 expenses. 170 12. BROKERS: Neither Buyer nor Seller has utilized the services of, or fer any other reason owes compensallon to, a licensed: 171 real estate Broker other than: 172" (a) Listing Broker. NonQ 173" who is 0 all agent of - 0 a transaction broker 0 a nonrepresen1ative 174' and who will be compensated by 0 Seller 0 Buyer 0 both parties pursuant to 0 a listing agreement 0 other (specify) lT~" 175'" In' 178. 171;1' lBO" (b) Cooperating Broker: NonQ who is 0 an agent of snd who will be compensated by 0 Buyer cooperating broker 0 other (specIfy) o a transaction broker 0 a nonrepresentative o Seller 0 both parties pLrsuant to 0 an MLS or other offer of comoensation tD 3 191- 162." ,a;3' 1M" 1e5 (col1ectiv€lly referred to as "Sroker') in connection with allY act relating to the Property. including but not limited to inquiries, 'llG iniroduct:ons, consultations and negotla1Jons resulting in this lransClcoon. Seller and Buyer agree to Indemnify and hold Broker 157 harmless from and against losses, damages, costs and expenses of any kind, lncudlng reasonable attorneys' fees at aU levels, and laB from liability to any persen, arising from (1) corr:pensation claimed which is inconsistent with the repressntalion in this Paragraph, (2) t5.. enforcement action to collect a brokerage fee pursuant to Paragraph 10, (3) any duty accepted by Bro..;ar at the requesi of Buyor or 130 Sellar, whidl duly is beyond the srope of services regulated by Chapter 475, F.S" as amended, or (4) recommendations of or serJlces ~d' provided a"d I?xpen5€S Incurred by any third party whom Broker refers, recommends or retains for or on behalf of Buyer or Soller. 1SZ- 13. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise 0 Is not assignable '013- ~ is assignable. The telms "Buyer," "Sellar" and .Broker. may bEl singUlar or pluraL This Contract is binding vpon Buyer, Sellar ~g.: and t1leir ~~f' personal representati\les, successors and assigns (if assignment is permitted). 'OS" BlJyar (::#LJ (----.J and Seller (---> ~ ack110wiedge receipl of a copy oi this pag9, which is page 4. of 5 Page:;, cc..2 !l:llHQ7 "'or1d~ A3!<oC'lltlcn 01 REA1.TO~@ All Righi" R96a",Qd AGENDA ITar- ~, (~3Il.>;aC5 J'~Ji 1t1 . 1::~1/l.44lFX ProOfJ"'~ Mil" ZioFoOlT?t"" t7y RE Farft":SN~ u..c "80'25 ;:;~e" MIl! R03C.C:ntcn "~ns~. MId'igOf"! ~ Pg. c- -~ , ~..~...-u~ _:: ::_v_,::,AT,AC~~-r (i3 c?r: \~);;- __.. ..... ___.. __"_, ..~ _,......___ _."..., __, .,,_. ___ _.."_.,, _ .,,_,,",t-'_-... """,,_,,~_-, = 19t1 1'37'" ,- 19a- 199- ZOO' 201 20: 203 Z04 205 206 2.a7 :08 109 210 211 ZU 2.1:3 214 21S :H3 2'7 14. OPTIONAL CLAUSES: o Artitration o Section 1031 Exchanse o Prcpert/lnspedon and Repair o S::ller Representations (C~ed( if any of 1J1e following clauses o Seller Warranty o Coastal Construction Controi wne o rlocd A:ea H::u:ard Zone o Seller Fin3ncing Jre <lppfic:ltle and are ar.acheo as ;;.., addendum 10 this C::rIJac:): o Existing Mo~gage :C1 Otner r.eg'<l 1 P2~e~t?nt."l"'i on ~r,..:le",.:;'J...- o Ot~er ~ " o Other 15. MISCELLANEOUS: The terms of this Conlract constitu12 the entire agreement between Buy&r and Sollor. Modifications of I,":s Ccn1<l~ .....nl not be binding unless in wriling. signed and delivered by the party to b~ bcund. S;gnatures. ini~3'3, dCoCl..Iment:; referenced in ~"is Contract. counterparts and written modiftcations communicated ele~ronicaJly or on paper will be aCC'::!ptal::l~ f:::r all purposes, including delivery, and will be binding. Handwritten or typewritten terms Insertod In Dr Jllac:1e:i to this Contract ~re'lail over preprinted term:;. If any provision of this Contract is or becomes invalid or unenfurceable, all ramaining provisions will ccr.tir,ue 10 be fully effective. This Contract will be construed under Florida law ;Ind will not recorded in an~ public records. Delivery of any written notice to any parris agent will be deemed deliverl to !hat P:ll"ty. THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE of AN ATTORNEY PRIOR TO SIGNING. BROKER AD'.;lSES SlJ'(ER AND SELLER TO VERIFY ALL FACT;; AND REPRESENTATIONS THAi ARE iMPORTANT TO THEM AND TO CONSULT AN AP?RC?RlATE FRCFE.:iSlmJAL FC;R Li:GAL AOViCe (FiJi\ EW.1FLE, INTERPRETING CONTRACTS, C8"~7~1~:NING THE EFFECT OF LAWS ON THE PROPERTY AND TRANSACiION, STATUS 0;:: TITLE. FOREJGN INVESTOR REPORTING RE.QUIREMENTS, ETC,) AND FOR TAX, PROPER-IT' CONDITION, ENV1RONME/-oITAL MJD OTHER SPECIALIZED ADVICE, BUYER ACKNOWLEDGeS THAT BROKER DOES NOT OCCUpy THE PROPERTY' AND THAT ALL. REPRESENTATIONS (ORAL, WRJTTEN OR OTHERWISE) BY BROKER ARE BASED ON SELl.ER R~?RESENT ATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERlF1CATION 01= THE REPRESENTATION, BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND GOVERNMENTAL AGENC1ES FOR VERlFICA.TION OF THE PROPERTY CONDITION, SQUARE FOOTAGE AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 219" OEPOSIT RECE1PT: Deposit of S 1Q. 00 2'" , ________ by 220 by lXl c.~ecl< 0 other received an Signature ot" Escrow Agent and conoitions. Unless accept2n:;l i$ signed by S~~ler ar.ct a /1:Y a.m. 0 p.m. on . ________ , z.z1 OFFER: Bl:ycr offers to purchase the; Property en the abova.-ler s zz:- signed copy delivered to Buyer or Buyar's a~:~~ ~tylha;; ~Z3 B\Jyer may; revoke this offer and receil/e 3"',(~ _n dep Is. ./ ::;:4" DiJte: G /, /01 BUYER: / I I 2254 Tille: "so Address: 227' Date: BUYER: Z,29'" Title; ZZ9- Address: T.3X 10 No: c:j?;tgatO) C:ll:l.:110 =:::. a':" , Inc. Rob :t ~uJ.....Hatdy - 'i / Y'..., -~ / P .; tV -;- T ~lepl1~: ,.5 cr... .=..1 f 'I -( ~c.:;;mlle-: '.5 o::r ,';( . 7.> . ::;'-'17 )'If':'d,vD C,J'~'~ AJA, Leo") ,..-<- ~ vllL; ( / Tax 10 No: Telechone: Facsimile: ::::;0' ACCEPTANCE: Scller accepts 8lJ'Jcr's offi:r and agrees to sell the ?r::per.y on the above terrr.s a~C conditior,$ iQ :;ubi~ to ';'1e :.:!' atlac~ed c::Junter offer). :z::- Date: SELLER: lax iO tk Wi:~~~ T. Higgs T al.,ph :n3: Fawif":'1i;e: :-3'::;- Ti~e~ ...... ,. ~.;,- ';cdress: :::.:;" D~ra: SaLE~: ;a~ .: ~~'J: T ai6:~ :Jne: ;::;:.s:iT'iie: ~~ ~~ ::J;- Address: :33' 8uyer (~ ) {~ and S::lIor (~ (~ aClll1cw:edge ~eceipt of a cc'JY of 'j,is page, ',~r,:cn I;; ;;:;;~ 5 :f 3 P;;::3. Ir... Ficr.:a ':'sso:;iation of RE.~L TORSi!) 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COlUER COUNTY,' FlORIDA. . RUN THENCe: N89~O' '0'''( ALONG THE 'SOUlH UNE OF' 11-lE' NORlHWEST QUARTER (N,Wl/4)Of SAID SECTION 3S A DISTANCe: OF ~99.t~ FEET TO A POINT ON THE: SOUTHERLY' LINE OF A" LANOALL ACCESS ROAD 'AND POINT OF BEGINNING.. ~Ufl.j THe:~CE ALONG '~AID'SOUTHERL Y UNE: $4.3 "47 S4'"EA OJSTANCe: OF .310.04 FEET TOA P.OINT ON A CURV'( CONCAVE TO 'THE: NORTHE:AST HAVING A RADIUS 'OF' 320.14 FEET AND WHOSE, CENTER BEARS N4"S12'OS-E; THENCE NORTHWESTERLY ALONG l1-I€: ARC OF SAID CURVE n-iROUGH A CENTRAL ANGLE OF 44-::S5.Q8'" A DISTANCE OF 249.12 FEET; 11-lENCf S89.00'a,~w ALONG Trit SOUTH UNE OF' THe: NORTHWEST QUARTER OF SAID SC:C1l0N 35 A OIST ANCE: Of" 125.57 FEET POrNT OF 8(GJNNING.' '.' '. . \. . : . '.' " '*. :,' '. ','. . . , . .. . 'I. ,'. >;"\~":'.~:. ": :"':'~'" .. .,\.....:~~:~ <.. .~.'<.:.'.~e:.~~.~:;.. ::~..';:':' . '.' ~,.." . \.;, . I . ---- . -.- - - - - E- '-C~; 9;46~\";-.A;::':' ::::\t:_C='AE\T ., --'. .-- -....-. --. ~ '-'-- '(;- ''-' ---'-' ~ A\'\A; c+-\ ~N "\.""" ~ ~ (iF I fa ) ;94- 592 75.:.: = 9/ 9 I ..........,.,,~-' LEGAL REPRESENTATION" ADDENDUM ! Buyer: SeUer: Citygate COIDDlerciaJ, Inc. William T. Higgs The Seller and Buyer in this transaction are very much experienced in the business of buying and selling real estate and, nonnally, each is .represented by the law iinn of Quarles & Brady LLP. Generally, the Buyer s legal work is handled by Leo J. Salvatori and C. Lane Wood, and the Seller's work is handled by Thomas E. Maloney. BaCh parties wish to use the aforesaid lawyers in connection with this transaction, being convinced that this is a straightforward transaction and that there is no need for the strict rules of client confidentiality, disclosure and loyalty. to apply. Therefore, both parties agree that in this transaction, the Seller shall be represented by Thomas E. Maloney, and the Buyer by Leo J. Salvatori and C, Lane Wood, and that all infonnation provided to any of the aforesaid attorneys shall be made known to all of the parties hereto. The parties also agree to indemnify and hold Quarles & Brady UP harmless against any loss which it suffers by reason of this dual represOltation, which the:: parties have requested. In the event that either party or Quarles & Brady LLP detennioes that a conflict of interest is developing between the parties, both parties agree that they will seek outside representation, and that Quarles & Brady L1.P shall be released of all of its further obligations in connection with this matter. BUYER: Ci~ga~pc.'7 .~ BY: /:/ ~, Da:6!tI:; .- ({ / SELLER: r .' ':. William T. Higgs Date: AGENDA ITEM No. (Let. LJ JUN i 2 2001 Pg. ;;J3 " QBNAP\ 30835&.1 -----.-...-- ...--.-... ** TOiRL PRGE.83 ** _ F ,.....--""....._..'".."',.,""~...."..,,,....._.....~..."",,.,,.',,..,., EXECUTIVE SUMMARY ~-- \ WARD OF BID 01-3232 FOR THE CONSTRUCTION OF VINEYARDS ELEMENTARY SCHOOL PARKING LOT EXPANSION (PROJECT 180013) Objective: To constuct an 88 space parking lot at Vineyards Community ParkJElementary School to enhance parking capacity for Parks-related programs at both facilities. Consideration: On May 23rd, 2000 the Board of County Commissioners and the School Board entered into an agreement for the design and construction of a parking lot and intersection improvements on property at the Vineyards Elementary School, adjacent to the Vineyards Community Park. Following the design and permitting of the project, bid 01-3232 was posted on April 18, 2001 with 29 notices sent. Of the 13 contractors that requested bid packages, 7 bids were received as per the attached bid sheet. All of the bids received exceeded the amount budgeted for the project. In order to realize a contract amount which remains within available funding dollars, staff has conferenced with the low bidder and mutually agreed to delete items 1- 6 of the Vanderbilt Right-of-way paving and grading work (1" S-l AC Replacement, Milling, 5' Concrete Sidewalk, Signal Improvements, Signing and Striping, and MOT) for a cost savings of $37,379.26, resulting in a modified bid of $161,860.65. The work deleted from the bid will be performed by the Transportation Department through the use of their contractors. Staff has reviewed the bids received and recommends award to Florida State Underground, Inc., in the modified amount of $161,860.65 as the lowest, qualified and responsive bid that can meet the required specifications. A budget amendment will need to be approved to appropriate the necessary additional un budgeted funds for this project. ~scal Impact: A budget amendment is needed to transfer funds from Community and Regional Park Impact Fee ~serves in the amount of $22,000 into Vineyards Park project, leaving $1,655,600 in reserves. The School Board will reimburse the County $100,000 for this project. Growth Management: The value of this facility will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners award Bid 01-3232 to Florida State Underground, Inc., in the modified amount of $161,860.65 and ap rove the attached budget amendment. Prepared by: ~ ames Fitzek, Operations an ger Department of Parks and Recreation ~~~r Department of Parks and Recreation Date: 5AiaJ / I Reviewed and Approved by: Date: S-J /-C// Reviewed and Approved by: -~f7 1), ~.~ Steve Carnell, Director Department of Purchasing Date: 5-3i-o( ~' ~viewed and Approved by: Date: 5 If-I)t;tnd~ ';15-" NO.~_~ , .l JUN1 2 2001 Pg. J g .c ,)l . c~ = . - . ~! i5c -E';~~ ~~ ~ r; ;;~i~ .;; as -M ~ ~ ~ .~ ~ 1 :;"= ~ ~ 8- { 0 I~ ~ ~~ ~~ ~~ i:!i:! 88 88 i:! 11 88 88 i:!i:! :.l~ llri ~ ,., - ~~ ~~ ~~ ~~ 8~ 00 ~~ ~~ '" NN ~ oo ....0 ~~ "1"1 . >D ~ ~ '" - - vi oO~ N ~, ." N -, = ";.~ , . - '. l. = <' ...... .. ... .. .. ... .. "'''' .. .. .. .. .. 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Agenda Item No.-ila-U-.\ J~:. 1~01 EXECUTIVE SUMMARY .....iVE APPROVAL FOR RESOLUTION AFFIRMING TWO APPLICATIONS FOR TWO SEP ARA TE GRANTS FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISIONS, FLORIDA BOATING IMPROVEMENT PROGRAM Objective: That the Board of County Commissioners approve a resolution to apply for two separate grants from the Florida Fish and Wildlife Conservation Commissions, Florida Boating Improvement Program. Consideration: The Florida Fish and Wildlife Conservation Commission has requested the Board of County Commissioners of Collier County Florida to approve a resolution affirming submittal of two separate grants. On May 22, 2001, The Board of County Commissioners approved Parks and Recreation Department's request to apply for a grant from the Florida Fish and Wildlife Conservation Commission to rebuild the dock at Bayview Park. Also, on May 22, 2001, The Board of County Commissioners approved Natural Resources request to apply for a grant from the Florida Fish and Wildlife Conservation Commissions to implement the Boaters Guide Program. A copy of Resolution affirming the two grant applications is attached. Fiscal Impact: There is no fiscal impact at this time. Growth Management: There is no impact to the Growth Management Plan related to this action. ......-......ecommendation: The staff recommends that the Board of County Commissioners affirms submittal of the }o applications on behalf of Collier County and authorize Douglas G. Suitor and Marla Ramsey to submit an application to apply for a grant and to perform all necessary acts. Reviewed and Prepared by: t:1~~ Debbie Roberts, Operations Coordinator Department of Parks and Recreation Date: .:-S -31-0 { Reviewedand ~ ~ Approved by: ,/""'llo ~. Marla Ramsey, Director Department of Parks and Recreation Date: 5- 31-JI Reviewed and Approved by: Date: -:;(3[( or ,,-- ~t::~,;~~';:'~ '''i~~--~~ ( ),~,:,~'lb}):~ ~ f~_'\;' .~ I"'o~';: .;'''4....'.~. ~ '1 C("o' I '" . t'..............,~ 'r""" ! <.~ -~. , . . ~ .- ,....... '. ',', ., --:;;.~::;,;:i"~~':" \(. ,,',~>;>c,':;_~:. >';. "".:'.": - ;--4-:':':-':'~>__' :.'.. ...,.....;} 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 RESOLUTION NO. 2001-_ RESOLUTION AFFIRMING TWO APPLICATIONS FOR TWO SEPARATE GRANTS FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, FLORIDA BOATING IMPROVEMENT PROGRAM WHEREAS, the State of Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program, issues grants to Florida Counties to fund projects designed to serve the needs of recreational boating on waters within the State of Florida; and WHEREAS, Staffis requesting that the Board affirm submittals of two applications on behalf of Collier County to obtain two separate grants and to authorize Staff to perform all acts necessary to obtain these grants, and to accomplish the goals of any grants awarded to the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA that: The Board affinns submittal of the two grant applications, attached hereto, and authorizes Douglas G. Suitor, Senior Environmental Specialist, and Marla Ramsey, Director of Parks and Recreation, to execute necessary related grant agreements on behalfofthis Board with all understandings and assurances contained therein, and also authorizes Staff to act in accordance therewith. Collier County agrees to abide by all of the COMMISSION'S rules, policies and procedures, and with all applicable Florida and Federal Laws and rules, This Resolution adopted this day of 2001, after motion, second and majority vote in favor of adoption. ATTEST: DWIGHT E. BROCk, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: James D. Carter, Ph,D., Chairman Deputy Clerk Approved as to form and legal sufficiency: 16 \tV, fJ~- Thomas C. Palmer Assistant County Attorney Age~i(; ~em. No.. 2- j u N 1 2 2001 Pg. ~,~ --- COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC SERVICES PARKS AND RECREATION DEPARTMENT May 23,2001 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 (941) 353-0404 FAX: (941) 353-1002 Website: colliergov.net Program Administrator Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program Division of Freshwater Fisheries. Room 302-H 620 South Meridian Street Tallahassee, Florida 32399-1600 Dear Program Administrator: Collier County Board of County Commissioners, Department of Parks and Recreation is applying for a grant through the Florida Fish and Wildlife Conservation Commission. Our application and all required documentation are provided to you in the enclosed binder. We are requesting a grant in the amount of$50,000 to replace and extend the existing boarding dock, add an additional 40 ft. boarding dock, repair the sea wall and repair or replace the signage at Bayview Park. Replacement ofthe original boarding dock is our #1 priority with the addition ofa second boarding dock as our 2nd. The third priority is repair of the seawall priority and . fourth is the signage. We are estimating the total project to be at greater than 25% and less than or equal to 50% of the project cost. The Boarding Dock at Bayview Park has loose, cracked boards and is extremely deteriorated. The current condition of the boarding dock could poise a safety hazard if not replaced. Removal of the fish-cleaning table located in the front of the existing boarding dock will allow for easier access and increase safety. The additional boarding dock will decrease the number of boats waiting in the canal for an available boat ramp. The two boat ramps are located in-between the proposed additional boarding dock and the existing boarding dock. Signage is a valuable tool utilized to inform the public of sea life in the area such as manatees and sea turtles. The wood structure of the current signage is deteriorating and was constructed using treated lumber. In addition, we have reviewed reports from various articles of possible contamination to the environment from arsenic in treated lumber, which was used to build the signage and boat dock. Collier County Parks and Recreation has decided to be proactive and replace the signage and boat ramp to prevent any possibility of contamination to the environment. Ag. .nfl, ..I1;em No ..J.JLjJ ;;L... JUN 1 2 2001 Pg. -3 ...~ ) .-4 Local residence and residents from four other counties use this dock frequently. The park is located minutes from highway 41, which is the main highway that runs through Naples and connects to neighboring Lee and Dade Counties. Collier County Parks and Recreation currently has four maintenance personnel to maintain the park. In addition, we have a project manager to help design and manage the renovation of Bayview Park. If awarded this grant, we will provide you with an engineer's cost estimate, formal bid schedule and any other required documents. Thank you for considering our grant application. ;i:da M~..' Marla Ramsey, Dir tOt Collier County Par Recreation ~~~~tK'~ J U N 1 2 2001 Pg. EVALUATION CRITERIA A. Category I: Project Type (63) 1. Recreational Channel Marking (15) a. Corrects a known navigation problem, which increases boating safety. (5) Bayview Park currently has two boat ramps with room for one or two boats waiting at the boarding dock to use the boat ramp. This is an extremely busy boat ramp with boats waiting in the canal to enter the boat ramp. An additional 1 0 ft of dock at the existing boarding dock and removal of the fish- cleaning table along the side ofthe boarding dock will allow room for another boat at the existing boarding dock. Boaters will be able to drive straight into the boarding dock instead of having to drive around the fish cutting table. The new boarding dock will allow for an additional 2 boats under 21 Ft. to dock while waiting for a boat ramp. c. Reduces boating impacts to natural resources. (5) The additional boarding dock footage will mean less boats idling in the canal with their engine on while waiting to tie up at the boarding dock. 2. Public Launching Facilities (15 Points) a. Provides improved recreational boating access in an area where a documented need has been identified. (5) Park Rangers have noted boat trailers parked outside the park along the road. Additional boarding dockage will allow for boats to exit the area quicker since the boat owners can board their boat and go get their vehicle while waiting for an available boat ramp. If there is no boarding dockage, boat owners have to wait in the canal with their boat. b. Provides improved recreational boating access where there are no conflicts to boating safety. (5) Additional boarding ramp footage and removal of the fish cleaning area along the front of the boarding dock and placing it on the side will result in fewer boats waiting in the canal and easier access by not having to drive around the fish cleaning area c. Provides improved recreational boating access where there are no unresolved conflicts with resource protection. (5) The additional boarding docks will resolve the conflict with multiple boaters in the canal waiting for an available boat ramp. If we keep the boats away from the edge of the canal and have quick access to the boat ramps, it will help protect our natural resources. Agenq,. Item. No o....f.LP-.O ~ JUN 1 2 2001 Pgo_\ ~ _ - 3. Aquatic Plant Control. (15) Points a. Provides improved recreational boating access in an area where a documented need has been identified. (5) Bayview Park usage will probably increase due to the future closure of Boat Haven, a private boating ramp. The more boats we have in the canal waiting for available boarding dock space, the greater chance of propellers getting tangled in the aquatic plant life near the bank. b. The body of water, in its entirety, is within the county boarders with no tributes from adjacent counties. (5) The boat ramp at Bayview Park is by a canal that goes into the bay that leads to the Gulf of Mexico. The Bay does not extend to another county. 4. Other Local Boating Related Activities. (20) a. Provides Boarding Docks at a recreational boating public launching facility. (2) Bayview Park currently has a 60 ft. boarding dock at its public launching facility, which would be increased to a total of 110ft. of boarding dock. d. Provides Vessel Waste Facility for recreational boating in an area where a documented need has been identified. (2) There are many trashcans provided for disposing of trash. e. Provides restrooms for recreational boaters. (2) Bayview Park has two restrooms for recreational boaters. f.. Provides adequate parking for at a recreational boating public launching facility. (2) There are 16 trailer parking spaces. g. Provides increased public awareness, such as access facility signs, educational materials or area maps in a kiosk. (2) There are signs that tell about the area and endangered sea life such as Manatees in the waterway. There is information about boating from the Coast Guard. 1. Educates, improves or increases the knowledge of boating safety issues. (2) There are boater signs and manatee awareness signs. Boaters need to be informed of the damage that can be done to Manatees with boat propellers. /- Aoe/(;, IDem No, ,;;..", JUN 1 2 2001 Pg. C, B. Category II: Financial Need. (125) ,...-...... l 2. Provides for unmet needs in coastal counties with high level of boating related activities from individual's residing in other counties. (30) Boat owners from five counties, Lee, Dade, Collier, Charlotte and Hendry Counties use the boating facilities at Bayview Park. There are 128,980 registered boaters in Collier County. The Southern part of Florida is growing rapidly and the number of boat owners is increasing; thus leaving an increasing need for more boating facilities. Collier County Parks and Recreation has four parks with boat ramps with a total of 8 boat ramps that have access to the Gulf of Mexico. In addition, members of the Marine Industries Association of Collier County utilize Bayview. Marine Industries Association of Collier County consists of Marine business Owners. The money that we collect from marine business owners and boat owners from five counties that use the boat ramp at Bayview generate revenue for the county. 4. Project Cost. (15) b. Greater than $50,000 and less than or equal to $100,000. (10) 5. Matching Funds. (20) c. Requested grant is grater than 25% and less than or equal to 50% of Total Project Cost. (10) 6. Project Priority Rank in Multiple Applications By the Same County (15) a. Only one Application submitted. (15) C. Category III: Project Permitting Status. (20) 1. All permits for the project have been obtained or a permit waiver letter submitted or permit required is not applicable. (20) We have a permit for the existing dock. .' Agenda Itlm I. No . -Lk IJ .;;... JUN 1 2 2001 Pg. r "~"_'___'''''_''"''''''"''''''''''''''_'''''''''''''H'''-''''"""_"""",_"",,,,_,;,,,,,,,,. \', ,,\s~\ ~\N(J Q$ J 0;., _~ ~t'I'(~ ?- .. ,""" \' ~\ '" r' "...,/ "'j C' ~J 'z ..'." ~ c> t"\':: ION CO\'1' FLORIDA FISH AND WILDLIFE CONSERV A TION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT APPLICATION ~\SH (~M/) tl~ () \"" ..I' ;'-0 Q;": ~4::' S o ~ #"., \ ri~ ':,'~ ~. ~ () flIit...,~c;, w . <;;,;\:::' (ION CO\!' FOR OFFICE USE ONLY Grant Application Number: Fiscal Year: I Date Received: Fll' II h Le II h hi k i zna sectIOns t at apply - avea ot er sectIOns an I. APPLICANT INFORMATION Applicant or Entity Name: Federal Employment Id. No.: 59-6000558 Collier County Natural Resources Department Telephone No.: Fax No.: Suncom No.: 941-732-2505 941-774-8282 e-mail: DougSuitor@colliergov.net Applicant Mailing Address: City: Zip Code: 3301 E. Tamiami Trail Naples 34112 Project Manager Name: Title: Douglas G. Suitor Senior Environmental Specialist "- II . PROJECT LOCATION Latitude (DDD:MM:SS) N Longitude (DDD:MM:SS) W Facility Name: County: Waterbody: District Numbers US Congress: 14 State House: 76 State Senate: 25 County Commission: Collier Facility Street Address or Location: III . PROJECT SUMMARY Type of Application: 181 New (never considered before) o Reconsideration o Phased Continuation- Phase No.: Type of Project: o 1- Recreational Channel Marking o 1II- Aquatic Plant Control o II- Public Launching Facilities 181 IV - Other Local Boating Related Activities Grant Funds Requested $16,000.00 Project Description: Creation of a Boater's Guide to Collier County The purpose of the guide will be to educate boaters using the waterways of Collier County. The Guide will consist of a multi-leaf, fold out ~ ...r brochure, printed on water-proof paper, that boaters can use while boating. Highlights of the guide will include information on lng safety, manatee protection, habitat protection, locations of boat ramps, marinas, artificial reefs and, native . , . . an/ing information. The guide will help conserve the coastal resources in Collier County by helping boaters becon e mor~R$~lbfbem sensitive habitats and how to safely use the County's recreational waters. o. 'IR- ::z..- JUN 12~ Revised 031200 1 1 Pg. ?{ IV - GENERAL FACILITY INFORMATION , . Type of Facility: Upland Ownership: -, D Primitive DPublic- Fee Simple D Small (I lane ramp) D Public - Lease D Medium (2 lane ramp) D Number of Years Remaining in Lease D Large Regional (3+ lane ramp) Name of Owner D Tie-up/Overnight/Moorage/Marina D Other Is this facility open to the general public? DYes DNo Estimate Percent (%) Use of Launching Facility: Motorboats/Sailboats Non-Motorboats Day Use, Parking or Launch Fee Amount: $ Tie-up/Overnight Moorage: $ Names of adjacent boating facilities, public and private (ramps, tie-up facilities/marinas) within a IO-mile radius. Name Distance Name Distance 1 6 .- . 2 7 . . 3 8 4 9 5 IO I V - FACILITY COMPONENTS AND USE. EXISTING CONDITIONS Number of Launch Lanes: Length of Boarding Docks. D Asphalt D Concrete DOther DWood D Aluminum DOther Type of Ramp: Type of Dock: Condition: DPoor D Average DGood Condition: D Poor D Average DGood Number of Boat Trailer Parking Spaces: Length of Tie-up Dock or Moorage: Ft or Slip D Asphalt D Concrete DOther D Asphalt D Concrete DOther ~ Type of Parking: Type: D Slip D Broadside Condition: DPoor D Average DGood Condition: D Poor D Average DGood Other Facility Attributes: Pump out or Dump Station: DYes DNo Restroom: DYes DNo . , Agenda Item f No . -J../R-IJ 2. 2 ! jUN 1 lqZOO1 I Revised 0312001 Pg. J - ,..<W>_......""'n=."'''"'__;~......~"~......"""...."'''''""ru...;,,,."...,,,..."''''',';",',0"'_ ~ PROJECT NEED ~ List Primary Need for Project: 181 Safety DAge-end of Useful Life 181 En vironmental Needs of the Area 181 High Demand by Users 181 Recommended by FWC Staff D Lack of In-house Capability D Other: Known Public Support: (Name) o Adjacent Land Owners 181 Users Groups Marine Trades Association of Collier County, Save The Manatee Club, Standing Watch D Neighborhood Assoc. 181 Local/StatelFederal Government FWCC Protected Species and Law Enforcement. Collier County Marine Sheriffs Unit. USFWS 10,000 Islands NWR, Rookery Bay NERR o Legislature o Other Known Public Opposition: (Name) D Adjacent Land Owners D Users Groups -J Neighborhood Assoc. ., U LocaVStateIFederal Government D Legislature o Other VII - PROJECT ENGINEERING AND CONSTRUCTION Who is or will be completing project design/engineering? Level of engineering completed at time of application: 181 Applicant Own Staff o None o Consulting Engineers o Conceptual (Master Plan Phase) D N/A (Materials or Equipment Purchase) 181 Preliminary 181 Other: D Final (Ready to Bid) Has a preliminary or final engineer's cost estimate been developed for this project at time of application? 181 Yes DNo If yes, please attach a copy of detailed engineers cost estimate to application. Preferred period of construction (based on user activity, weather and water level): 181 Winter D Spring o Summer o Fall D Anytime of the Year .-. ; Agenda item No ...IlP-OOJ... jUN 1 2 2001 Pg. /0 Revised 03/2001 3 - VIII. PROPOSED PROJECT COMPONENTS Note: See Procedure Guide for definitions, Check all that apply - Replacement Expansion New EngineeringlPlanning Recreational Channel Marking D D D D Public Launching Facility (Boat Ramp) D 0 0 0 Aquatic Plant Control 0 0 0 0 Other Local Boating Related Activities: Boarding Dock 0 0 0 0 Transient Tie-up 0 0 0 0 Overnight Moorage 0 0 0 0 Restroom D 0 0 D Access Road D 0 0 D Paved Parking D 0 0 D Non-Paved Parking D 0 0 0 Curbs, Signs, Markings and Lighting D 0 0 0 , , Fixed Pier 0 0 0 0 Vessel Waste Facility D 0 0 D Debris Deflection Boom D 0 0 D Piles D 0 0 0 Dredging D 0 0 0 Speed Zone Information D 0 r81 0 Other: Area Maps wi Habitat Information D 0 r81 0 IX - PROPERTY VALUE Size Acres: Assessed Value: $ Appraisal Completed: DYes DNo Current Zoning: Revised 0312001 4 Agenq,_ltem NO.-I-lL_D ~ JUN 1 2 2001 Pg. PROJECT COST - SOFT (NON CASH) FUNDS Cost Item Project Type Applicant Other* (List in Page-6 TOTAL Type I $ $ $ Administration Type II $ $ $ Type III $ $ $ Type IV $ 1,000.00 $ $ Type I $ $ $ Type II $ $ $ In-kind Engineering Type III $ $ $ Type IV $ $ $ Type I $ $ $ Type II $ $ $ In-kind Labor Type III $ $ $ Type IV $ 4,000.00 $ $ Type I $ $ $ Type II $ $ $ In-kind Materials l~--- Type III $ $ $ Type IV $ $ $ " Type I $ $ $ Type II $ $ $ In-kind Equipment Type III $ $ $ Type IV $ $ $ Type I $ $ $ Type II $ $ $ In-kind Inspection Type III $ $ $ Type IV $ $ $ Type I $ $ $ Other: FWCC FMRI production Type II $ $ $ Type III $ $ $ Type IV $5,000.00 $ $ Total Soft Funds $ 10,000.00 $ $ "r-- Revised 03/2001 5 Agen~ ) \,em No . -!-1.R-,- f..) d--. JUN 1 2 2001 Pg. XI - PROJECT COST. HARD (CASH) FUNDS . Cost Item Project Type Applicant Other* (list Below) FBIP Grant TOTAL "' Type I $ $ ~ / $ Property Value Type II $ $ $ ~/ $ Type III $ $ $ ~ $ Type IV $ $ V ~ $ Type I $ $ $ $ Type II $ $ $ $ Consultant Master Plan Type III $ $ $ $ Type IV $ $ $ $ Type I $ $ $ $ Type II $ $ $ $ Consultant Engineering Type III $ :$ $ $ Type IV $ 3,500.00 $ $ $ Type I $ $ $ $ Consultant Inspection Type II $ $ $ $ Type III $ $ $ $ Type IV $ $ $ $ Type I $ $ $ $ Construction Type II $ $ $ $ Type III $ $ $ $ Type IV $ $ $ $ Type I $ $ $ $ Type II $ $ $ $ Other: Printing Type III $ $ $ $ I Type IV $ 13,000.00 $ $16,000.00 $ I Total Hard Funds $16.500.00 $ $ 16,000.00 $ I \ II TOTAL FUNDS I $ 26,500.00 1$ 1$16,000.00 1$ II *Other Source of Funds (Status) o Federal o StatelLocal DLoan Grant Name(s): Agency(ies): , Approval Status: o Approved o Pending Dlntend to Apply, Date: A No ~..tIt.-I5~ I JUN 1 2 2001 Revised 03/2(0) 6 Pg. 13_ I ..~.... -' .,-........._-".."'..."....."'-_..._"..,"..^'~,;.. 1l7''', PERMITS Note: Construction Projects Only. YES NO '.Has an application been submitted with the Florida Department of Environmental Protection? D D U.S. Army Corps of Engineers D D Local and Others (If needed): D 0 1. Will the project significantly or adversely affect the environment? If Yes, please explain key issues and describe any mitigation actions proposed. YES ~ NO D XII- ENVIRONMENTAL ASSESSMENT The guide will help conserve the coastal resources in Collier County by helping boaters become more aware of sensitive habitats and how to safely use the County's recreational waters. The Guide will contain information about manatee protection, fishing and fisheries enhancement, seagrass and other habitat protection. ..- . Revised 03/2001 7 ~~:~~~ , J~:. jV001 \ - -' XIII - REQUIRED APPLICATION ATTACHMENTS CHECK LIST , 181 1. An adopted Resolution, by the Governing Body, authorizing that the Project Manager has the authority to apply for and administer the grant on behalf of the aoolicant. 181 2. Boundary map of the project area. The map must provide a description and sketch of the project area boundaries, displaying D 3. ~me'con1rolaocument'atfon '(e'.g:'dee~leasd,"'res~fts 'of tiile -searcn:-etc ... ) for the project site. D 4. Existing Condition Photographs sufficient to depict the physical characteristics of the project area. 181 5. Aerial Photographs marked with the approximate boundaries of the project site. 6. If applicable, an 8.5"xll" photocopy (project site vicinity only) of a current NOAA North American Datum 83 nautical chart D (provide the NOAA chart name and number) indicating the precise location of the project site. NOAA charts may be obtained from: Distribution Branch (N/CG33), NOAA-National Ocean Service, 6501 Lafayette Avenue, Riverdale, Maryland 20737. D 7. Photocopies of necessary project permit(s) or permit application(s). 181 8. Engineering Cost Estimate (if completed). 181 9. Preliminary Design/Engineering Plans (if completed) 181 10. Application transmittal cover letter (Identify priority rank with multiple applications) 181 11. One (I) original application 181 12. Five (5) copies of application (unbound) APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities. I also certify that the Applicants governing body is aware of and has authorized the Project Manager as the official representative of the Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required. By signature below the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project so approved. Douglas G. Suitor Printffype Name Senior Environmental Specialist Title Applicant Signature 5/22/01 Date ST ATE OF FLORIDA, COUNTY OF ( Personally appeared before me this the above instrument in my presence. day of ,200-, , who subscribed and swore to Notary Public Name: My commission expires: NOTE: Instruction and further information regarding this application and the Florida Boating Improvement Program can be found in the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator, Florid' .. Conservation Commission, 620 South Meridian Street, FL 32399-1600. Telephone (850) 487-3755. Age~I kern r No. ,!):;;2.-- f J UN 1 2 2001 I f6 Pg. Revised 03/2001 8 ~ EXECUTIVE SUMMARY APPROVE AND EXECUTE DOCUMENTS NECESSARY FOR THE CONVEYANCE OF WATER UTILITY FACILITIES LOCATED AT THE GOLDEN GATE SATELLITE SERVICES CENTER TO FLORIDA GOVERNMENTAL UTILITY AUTHORITY OBJECTIVE: Secure approval to the following outlined transaction and execution of the attached Owner's Affidavit, Deed/Bill of Sale, Utility Easement, and Water and Sewer Utility Infrastructure Conveyance and Service Agreement relative to the conveyance to Florida Governmental Utility Authority (FGUA) water utility facilities located at the Golden Gate Satellite Service Center. CONSIDERATION: On November 9,1999, approval was given by the Board of County Commissioners to proceed with the design and construction of the Golden Gate Satellite Service Center. The building is located between the Golden Gate Community Center and Golden Gate Fire Station and will house offices of the Tax Collector, Property Appraiser, and Clerk of Court. r- Florida Governmental Utility Authority (FGUA) is the utility service provider in the Golden Gate City area and will be providing water and sewer service to the Service Center. As a condition to the attached Water and Sewer Utility Infrastructure Conveyance and Service Agreement between the parties, the potable water line facilities constructed by the County and running from the Service Center to a connection point with FGUA on Coronado Parkway are to be conveyed to FGUA. It is also necessary for the County to grant FGUA a 15 foot-wide easement encompassing the water line for operation and maintenance purposes. The County will retain ownership of the sewer facilities. FISCAL IMPACT: The only cost associated with this transaction is recording of the documents and should not exceed $72.00. These expenses are to be allocated from Fund 301 - Facilities Management County-wide CIP, Project 80531 - Golden Gate Government Complex Site Plan. The County will also be responsible for monthly sewer and water charges. GROWTH MANAGEMENT IMPACT: The conveyance of these utilities is consistent with the Growth Management Plan. AGENDA ITEM NO'-lU e\ JUN 1 2 200f Pg.-L ".-. -, RECOMMENDATION: Commissioners: Staff IS recommending that the Board of County 1. Approve the attached Owner's Affidavit, DeedIBill of Sale, Utility Easement, and Water and Sewer Utility Infrastructure Conveyance and Service Agreement; 2. Convey a Utility Easement and title to the water utility facilities to FGUA; 3. Authorize its Chairman to execute the above documents; 4. Authorize staff to record with the Clerk of Court the DeedIBill of Sale, Utility Easement, and Water and Sewer Utility Infrastructure Conveyance and Service Agreement in the Public Records of Collier County, Florida. PREPARED BY: c1~ ~ Hope Brack, Specialist II Real Property Management Department DATE: q.;l1~1 REVIEWED BY: c...... DATE:~~.t2601 Charles E. Carrington, Jr., RIW , Director Real Property Management Department REVIEWED BY: ~ Skip Ca p, DIrector Facilities Management Department DATE:~ APPROVED BY: ~ DATE: 5j.lfo/ r . Jo-Anne Varcoe-Leamer, Administrator Support Services Division AGENDA ITEM No.-1 (0 g- \ JUN 1 2 2001 Pg. Z. --- OWNER'S AFFIDAVIT STATE OF FLORIDA COUNTY OF COLLIER On this 17-./h of ...:-//11 d , 20~, before me personally appeared JAMES D. CARTER, Ph.D., as Chairman of the Collier County Board of County Commissioners, on behalf of COLLIER COUNTY, a political subdivision at the State of Florida, owner of property, to me personally known (hereinafter "Affiant"), who, being duly sworn on his oath, did say that all of the persons, firms, and corporations, including the general contractor and all subcontractors, who have furnished services, labor, or materials according to plans and specifications, or extra items, used in the construction or repair of water and sewer utility facilities on the real estate hereinafter described, have been paid in full and that such work has been fully completed and accepted by the owner. Affiant further says that no claims have been made to the Owner by, nor is any suit now pending on behalf of, any contractor, subcontractor, laborer, or materialman, and further that no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility facilities placed upon or installed in the aforesaid premises. Affiant further says that the utility facilities described herein are not included in, encumbered by, or subject to any real property mortgage, chattel mortgage, security agreement, Uniform Commercial Code financing statement, or any other security interest. Affiant, as and on behalf of the owner of the subject utility facilities, does for valuable consideration hereby agree and guarantee, to hold the Florida Governmental Utility Authority, a legal entity and public body created by interlocal agreement pursuant to Section 163.01 (7), Florida Statutes, its officers and officials harmless against any lien, claim or suit by any general contractor, subcontractor, mechanic or materialman, and against chattel mortgages, security interests or repair of the subject utility facilities. Affiant is used as singular or plural, as the context requires. The utility facilities referred to herein are located within the real property described in the attached Exhibit "A". COLLIER COUNTY, a political subdivision of the State of Florida BY: JAMES D. CARTER, Ph.D., Chairman of of the Collier County Board of County Commissioners STATE OF Fl.Pft~b~ COUNTYOF ("01/" l Swom to and subscribed before me this _ day of , 20_ by JAMES D. CARTER, Ph.D., as Chairman of the Collier County Board of County Commissioners, on behalf of COLLIER COUNTY, a political subdivision of the State of Florida, owner of the property, who is personally known to me or who has produced [type of identification] as identification. (affix notarial seal) (Signature of Notary Public) (Print Name of Notary Public) NOTARY PUBLIC SeriaVCommission #: My Commission Expires: Prepared by: Thomas C. Palmer ~f Office of the County Attomey 3301 Tamiami Trail East Naples, Florida 34104 '''-,-.....-............--''''...."''''...'''...-', AGENDA ITEM No. 10 F? \ . . J UN 1 2 2001 Pg. 3 b on we.:> ~ ~~ ~oc; ..... V>~ ~ oQ u~ "" ~i5 -oJ ~ ~ It II ~ G C ~tD l5 ~ .....J gfts Q ~ <.=i ~ :i!: 00 ~ U <C V'l ~~ as -<:( >- ~ l:::: ..... 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Co. ~! --"..--..- ....: AGENDA ITEM, No. ( ( ~ E Pg. 5 DEED/BILL OF SALE ------ .<" THIS DEED AND BILL OF SALE evidencing the sale and conveyance of the water and sewer utility facilities described herein is made this 12"'^ day of .;{iJAlE , 20~, by COLLIER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "Seller"), and the FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to Section 163.01 (7), Florida Statutes, its successors and assigns, (hereinafter referred to as "Buyer"). WITNESSETH: That Seller, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration to Seller in hand paid by Buyer, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, transfer, set over and deliver unto Buyer, and Buyer's heirs, successors and assigns forever, all those certain water utility facilities lying within the following described land, situate, lying and being in Collier County, Florida, to wit: See Exhibit "A" attached hereto and incorporated by reference herein. The Seller, for itself and its successors, hereby covenants to and with Buyer and its successors and assigns that it is the lawful owner of the said utility facilities, herein referred to as utility facilities; that said utility facilities are free from all liens and encumbrances; that owner has good right, title and authority to sell same to Buyer, and that it will warrant and defend the title to same against the lawful claims and demands of all persons or entities whomsoever. Seller and Buyer are used for singular or plural, as the context requires. IN WITNESS WHEREOF, SELLER has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNlY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: JAMES D. CARTER, Ph.D., Chairman Prepared by: Thomas C. palmer~,a Office of the County Attorney 3301 Tamiami Trail East Naples, Florida 34104 tr" ""n.',, -- AGENDA ITEM No. ---- JUN 1 2 2001 l--===~~ b ..., .....~ u~ ~ 2.:ct: ~.:i w lI'lCl:l ~ Cc;::, ~~ tn <is -.J -.: ~ II ~ I' t--' C; <::> <<Xl is :=: -' ~i5 5 as ~ \4. <.;) co ~ '-' '" ~~ ~ < '< 2.: '- 2.: ~ ~ ...... II ~ <:5 Q:: W i..::; < Cl:~ <Xl '-' ~ '" -'-" ~ ~ w ~ ~15 '- '- Cl: Vi 2.:0 =<!: :=<!: -..;: C5 <ct: (5 (5 tn ::!! ~3:? Cl... Cl... 2.: C5 <::> cdu " II Vi ~ o u i a:i U ~ II :x: d <::) <lU ~ ~ ....: .... ..; .,.:. ..J--Z~ L4j -' ~ V) \ \ i \ \ ~\\ f' p..f{ \ ~~ i~ ~ C<:> t11 - -' 0 0 -...J Q:J ~ ~' "', ~ " :~ " ~ 00.- "'- """'..i>-1I. ~~ ......... "" -.J ........... k_...._"..._"'""""','"..,_."_~..."'...,...,~"';,...,,~..,"',' ~ '.. ., :"C -i:j -- '" c: .... ;::.... '" c '" .s "'5 .... ... Z :::> ~ -< .." 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"- ..... <'l "'" <;I .... <;I - o <= N . r.1 8 .... too <0 N z.....t...:> >- .. ~i1 ~ & o '-' 0 "=' ., ..., ==!l ..... c:~1 )!!'.!!'L.i ;.ii _ooolIh ~i!.! a~~ ~ .. .. ~ i. Ej CQ::~ ... - 1: ~ic:a -.. ... .-:I -"if II . 'i .;: In i: .lJ fa ~]i~ -..!! J ui ~ ~:: ~ wi ~=I .:as c t..~= -< .. 2"";1:: Q: Q .S " := a :3 llC z: ~.lI.." ~ l:Q :::> "'i!: a~~~bo ; .. <> !f~ . ...... 1i ~ 51 ......... :.. '5 111111I11 e Ii '-' ......... .... ~ j ---...-....-.-.. .....: AGENDA ITEM No.~ c: \_ JUN 1 2 2001 Pg.-. g UTILITY EASEMENT THIS EASEMENT. granted this I Z....day of ~ t" l . 204. by COLLIER COUNTY, a political subdivision of the State of Florida as Grantor to the FLORIDA GOVERNMENTAL UTILITY AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to Section 163.01 (7), Florida Statutes, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement and privilege to enter upon and to install, operate and maintain utility facilities, on the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: JArv'lES D. CARTER, Ph.D., Chairman Prepared by: Thomas C. Palmer it P Office of the County Attorney 3301 Tarniami Trail East Naples, Florida 34104 AGENDA ITEM ,..J No. 1& c== \ JUN 1 2 2001 Pg. q L """'""","","","'",--"-~-""-","""""",,,";,,,,,,,,,,,,,,,;,,",,",,;,,,,,,,;-,, '"", ~ ~~o~ '~, "~1 -- ~ ~ b an '" ;;r! ~ G ~ c::. ;<!: "" ..... l..J t::: ~ V) \ \ iil ~ ~\\\~..; N ----:;-~\"'t:. ? p.; 5u\'" \ ~' s-Z --<==:3 o.>.i -' ~ ~ li5~ :E1 t11 tt') Q;I - ..J G V) ::::> 0 ~ -J ~ 'Xl I:t! ~ I<'] ..J ~ ~ o ~ o.J<.:l u:Z ~~ V> Q:l 15 u~ ~Q II II 0-; ""<:0 ~ ..,;-;t: :;:,U c.:i a Cio ~ u ~~ ~ II ~ ~ ~ ct:;<!: !Xl < ~~ ~ ~ <.:>c::. ..... ..... =<:0 =<!: .:i!: ""ct: C5 0 ~~ CL CL r;:jU II II o II cO <..S II :x: d d <Iu ~ ~ ...; .. V) -< Lou ct: '<1: -c is- -- '" c: .... '0'; ;:... .., -0 C CD " ., .... ~ .... "'" -c:> u g --I .... -- c; -- I!-< ...... Q '0 I I I ~ C\l "" iil ~ 0 :g t:l ii! 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Vi j 1;;;1 ......... :: .. 8 'E =:=::=::= f ;! '-' ......... c.. .tl j .... ...... ...... "" -- ---"-"-". AGENDA ITEM NO'-1!fl E:\ F'g.-U ~~"'~.::i,.?i<;: ,,._o.... WATER UTILITY INFRASTRUCTURE CONVEYANCE AND WATER AND SEWER SERVICE AGREEMENT ."" THIS AGREEMENT made and entered into this Il-H.. day of :/141"'(/ , 2001, by and between the Florida Governmental Utility Authority, a legal entity and public body created by interlocal agreement pursuant to section 163.01(7), Florida Statutes (~FGUAff), and Collier County, Florida (hereinafter referred to as ~Countyff). RECITALS WHEREAS, County owns certain property in Collier County, Florida, as shown and described in EXHIBIT "Aff attached hereto and made a part hereof (~Propertyff), to be developed as the Collier County Golden Gate Satellite Services Center ("Projectff); WHEREAS, County has requested FGUA to accept certain water facilities to be constructed by County on the Property, in order to provide potable water services to the Property, for ownership, operation and maintenance; WHEREAS, FGUA has agreed to accept such certain water facilities upon completion of same to the standards and requirements of the FGUA as outlined in all FGUA policies and procedures, including the FGUA Water and Sewer Service Extension Policy, as amended; and WHEREAS, County has requested collection services to the Property ownership, operation and maintenance facilities to connect the Property to FGUA to provide sewage but County shall maintain of all the necessary sewer the FGUA wastewater system. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, the parties hereto covenant and agree that the above recitals are true and correct and further covenant and agree, each with the other as follows: ARTICLE I The County as a party to this Agreement hereby covenants and agrees as follows: 1. To construct in accordance with all FGUA policies and procedures all the necessary water distribution facilities within ,v-' the Property necessary to provide potable water ser lce~GERD EM Property. NO.~ JUN 1 2 2001 Pg.-' 2- 2. To construct, own, operate and maintain all the- necessary sewer collection facilities to connect the Property to the FGUA wastewater system. 3. That the construction of the water distribution and sewage collection facilities shall be in accordance with plans, specifications and engineering data prepared by a Florida registered professional engineer and approved by all appropriate regulatory agencies and the FGUA's authorized representatives. Said water distribution and sewage collection systems shall be connected to the FGUA's existing systems at the points as specified by the FGUA's authorized representatives and as agreed by both parties. Any deviation from the approved plans and specifications shall require the prior approval in writing of the FGUA's Director of Engineering, Operations and Planning or his authorized representative. 4. To retain the services of a Florida registered professional engineer for' the purpose of providing necessary inspection and supervision of the construction work to insure that construction is at all times in compliance with accepted sanitary engineering practices and approved plans and specifications. 5. To provide shop drawings and catalog information of the materials and equipment to be installed for FGUA approval. No construction shall commence until the shop drawings, plans and specifications are approved in writing by the FGUA's Director of Engineering, Operations and Planning or his authorized representative. 6. A preconstruct ion meeting with Engineering, Operations and Planning representative, County, or County's engineer be held prior to construction commencement. FGUA's Director of or his authorized and contractor shall 7. To grant materials and the inspecting same. FGUA's representatives work site at all times free access to the for the purpose of 8. To notify FGUA before any construction is begun and at the time when inspections will be required. Said notification shall be made in writing and shall be received by FGUA at least forty-eight (48) hours in advance of the time construction will begin or inspections required. 9. At the time when periodic inspections arew'~e.gJJ.i~. FGUA's authorized representative, together with C~PSTEM engineer, will be present to observe and jointly wi es~o.tests I u c::-\ JUN 1 2 2001 Pg. )3 2 "-,..."'_.--."~-,.,""'~""..,~""'"'"."','".."",......._"_'""C,."".." --- for determination specifications. of conformance to approve plans and 10. County, during the warranty period, shall promptly correct defective work upon notification by FGUA. Should County fail to do so within seven (7) days after written notice, FGUA may correct and remedy any such deficiency. All direct and indirect costs of FGUA shall be charged against County. 11. County's obligation to perform and complete the work in accordance with this Agreement shall be absolute. Neither any act of acceptance by FGUA nor any failure to do so will constitute a release nor waiver of County's obligation to comply with all requirements set forth in this Agreement. 12. FGUA shall not be required to provide water or wastewater service, except for construction water, to any area encompassed under this Agreement unless utility installation in that area has been completed, tested, certified, approved and accepted by FGUA, and County has provided as-built drawings and related documentation. Should construction water be required, County shall pay at the current rate charged to commercial customers in the service area. All construction water shall be metered. 13. To the extent permitted by law, County will indemnify and hold harmless the FGUA from any and all liabilities incurred during the construction and development of the water and wastewater facilities to service the Project, including all contractors and subcontractors. Additionally, County will require all contractors and subcontractors providing work on the Property to name the FGUA as an additional insured party on parity with the County. 14. To pay all applicable capacity impact fees, physical connection charges and all other FGUA fees and charges, after the computation of credits, if any, as provided in FGUA resolutions, policies and procedures. 15. To fully remedy and correct at County's sole expense any title defects affecting the FGUA's rights, incorrect easements, faulty legal descriptions or other such problems. ARTICLE II Upon completion, approval and acceptance of the work required to be done, County shall without cost to FGUA: 3 successors and assi ""i'iS ~~ER6R EM a form satisfactory to ~aA, a lU, E\ JUN '2 2001 L~2-fL- ~ 1. Convey to FGUA and its and sufficient easement deed, in non-exclusive perpetual right, easement and privilege to own, operate, maintain, repair and replace water mains, connections,- pumps and meters within granted easements and secure from each mortgagee and lienor a release or subordination of mortgagee's and lienor's interest in the easement and fixtures thereon for so long as the easement is used for the ownership, operation, maintenance, repair or replacement of water mains, pipes, connections, pumps and meters within the easements. 2. Transfer in fee simple to FGUA by Bill of Sale all County's rights, title and interests in and to all of the water facilities, mains, pumps, connections, pipes, valves, meters and equipment installed within granted easements and rights-of-way as provided for in the plans and specifications to be prepared pursuant to Paragraph (1) above for the purpose of supplying water service within the Property. 3. Furnish FGUA with an affidavit that all persons, firms or corporations who furnished labor or material used directly or indirectly in the prosecution of the work required to be performed by this Agreement have been paid in full. 4. Furnish FGUA with Releases of Lien from all contractors and suppliers of materials and/or labor who might have acquired an interest in the installations by the supplying of materials and/or labor or otherwise. 5. Furnish FGUA with a Final Release of Lien releasing all liens which County might have on the works/installations. 6. Furnish FGUA with all manufacturers' warranties which County might have received or is due to receive on any part of the installations. 7. Require from all contractors and subcontractors a satisfactory warranty, letter of credit or security bond guaranteeing installation pursuant to this Agreement against defects in material, equipment or construction for a period of not less than one (1) year from date of acceptance of same by FGUA and furnish the same to the FGUA. 8. Furnish FGUA with contractors certifications stating the cost of the installations due under this Agreement. 9. All documents defined in this Article shall be in such form as approved by FGUA. I 4 AGENDA ITEM No. l ~c:- \ JUN 1 2 2001 I Pg._J ~ !~ ARTICLE III 0--'- The FGUA and County hereby covenant and agree as follows: 1. The provisions of this Agreement shall be binding upon and inure to the benefit of successors and assigns in title to the Property. 2. County, its successors and assigns, and the owners and occupants of buildings on the Property are hereby prohibited from installing or maintaining any water supply wells or septic systems, except for irrigatlon purposes where reclaimed water is not available. 3. FGUA shall not be liable or responsible for maintenance or operation of any pipes, pipelines, valves fixtures or equipment installed pursuant to this Agreement on any of the properties of the County, customers, consumers or users on the Property other than the water service lines wi thin easements granted to FGUA in accordance wi th FGUA's policies and procedures. 4. The County and any other customers of water service or wastewater collection service on the Property, if any, shall keep all water pipes, service lines, connections, lift stations and necessary fixtures and equipment on the premises occupied by said customers and wi thin the interior lines of the lot or tract occupied by the County and any other customers, if any, in good order and condition. The sale of water to the County and any other customers on the Property, if any, shall occur at the customer's side of the meter. 5. Any temporary cessation or interruption of the furnishing of water and wastewater service to the Property at any time caused by an act of God, fires, strikes, casualties, accidents, power failures, necessary maintenance work, breakdowns, damage to equipment or mains, civil or military authority, riots or other cause beyond the control of FGUA shall not constitute a breach of the provisions contained herein or impose liability upon FGUA by County, its successors and assigns. ,~ 6. This Agreement shall be recorded by County among the public records of Collier County, Florida after approval by FGUA's utility counsel. When so recorded, owners and occupants of the Property connected to or to be connected to said water and wastewater systems of FGUA shall be on notice of each and every one of the provisions of this Agreement, which shall have the same force and effect as if said owners and occupants rtracrj;m~1 TEM with the parties to the Agreement in the execution *re1<r~IW~ the acquisition or occupancy of any part of th1 p:~~e\~~l ~ ~ Pg. Ho ~ .L~",IIl'""",~~;:t; 5 connected to or to be connected to said water and wastewater systems of FGUA shall be deemed conclusive evidence of the fact- that the owners and occupants have consented to and accepted the Agreement herein contained and have become bound hereby. 7. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by certified United States mail with return receipt requested, or other mail courier service (Federal Express or United Parcel Service), addressed to the party for whom it is intended, at the place specified as the place for giving of notice; the place for giving of notice shall remain in such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for the giving of notice, to wit: FOR FGUA: Florida Governmental Utility Authority Director of Operations 614 Wymore Road Winter Park, FL 32789 FOR COUNTY: Collier County 3301 East Tamiami Trail Third Floor Naples, FL 34112 Notice so addressed and sent by certified mail with return receipt requested or other mail service shall be deemed given when it is deposited with the mailing service unless otherwise provided herein. 8. The parties hereto agree that an executed copy of this Agreement and Exhibits attached hereto shall be recorded in the Public Records of Collier County, Florida, with all recordation expenses, if any, to be paid by County. 9. That the execution of this Agreement by FGUA shall not be construed as a precedent for the acceptance by the FGUA of other water and/or sewer facilities constructed or to be constructed by County or others, on other properties. 10. This Agreement is intended to supplement the policies and procedures of the FGUA. This Agreement is not intended to replace any provisions of, or relieve County of the obligation to ~ comply fully with, all policies and procedures of t ij~DAITBM the extent that any direct conflict arises between he ~rms of ~ . (lR~\ J 6 JUt! \ 2 2001 Pg. ) 7 - --- this Agreement and the term of any FGUA resolution or other FGUA policies and procedures, the other FGUA policies and procedures - shall control over the terms of this Agreement. 11. This Agreement shall be governed and construed in accordance with the laws of the State of Florida, and sole and exclusive venue for any action shall be in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year first hereinabove written. Florida Governmental Utility Authority: ATTEST: BY: Chair Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: FGUA ATTORNEY Collier County, Florida: ATTEST: BY: James D. Carter, Ph.D., Chairman Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: T:Es~. ?!d~ Assistant County Attorney AGENDA ITEM No. t ---- u ~\ JUN 1 2 200t Pg.. 18 ,- 7 ~..~". .....;~ u<:: ~ ~a:= ;:::~ Vl(l) b es 0 i::: c ~ ugs tn ~i5 --J .J-.-Z -<:::::3 ':.... ~ ~ II II ,..; Li..l c ""cc i5 ~ -' ~'O -' 5 ~ ~ C I.i.. <.:i V) <:: 00 ~ u "" V'l <<:: i5 < ~"" :c: I- ~ ~ b:: l.u II ~ ~ ~ ct: I.i.. "" ~<:: cc u ;!; V'l .<5 ~ ~ <: .....V') ..... 0 t30 I- 0- ct: V) <:0 <: <: "" i3 ""ct: cs cs V') <:: :::;; ;:::~ Q... Q... 0 C5 c:j<.> II II V> ~ i 10 II a:i <...,; a:: II :x: d d ::::> u <JU ~ ~ ~ t: -f'S m. - '% r&11 "- ~ ,-,-....._"....."""''"'~..",._. ";""'''-'''''''''.;'''"''~-'-'"'''''"'--""'''''~''~;~''''''''''''--' ~ - "" -' D o ....J !Xl -c ~ i::: <I> .... '(i; ;0: ... 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Q:JCI:l5 <: <I'l<nU'l<nV'la:> o:c~ gs~ ~O-..... ~~8~;:r;;:;:::i::~~ !: L5~L5~~;;;~ o'tlC <:C _ 0 " Ill; lIlI . 'Ill fw") 3;: ~b: <: :za:;= ~~u..W"~<~~~:?: cS 0:'-'-' ~;::_N~~;:::~ N <: ~....... ..... d""' <:c:<: <.:> <: 0 ~ f3 ~ :c: ~ c.. r--: __ ~~~~~5~ 0:::'<1: c..-5 .... ~~ ~~ 2::l.LJUJ.........u..I.o..li=:O<;.:>'-'-' ~ ,-0"-' o~~~~. ~'-'~<:~ ~~u:;~.hV)~ o:(~o::: -.... V') i30~0::-l2~b:! >=~ ~ ~i::i::i::~t:ll- ~~ _-<n i::c::..... <<':>I:f!:::>~- O::~-' u ~~ C::J :::::Q;:c:u5~C5~~~2: f5 Q:O::O::O::~as<: - :::l1:rlcS ~gs i3ct: <o::u 8~tH5V'1~u~ :itl ~ ~~~~:c::i::~ "-' Cot) < c.. Pg. ~O EXECUTIVE SUMMARY APPRO V AL OF A BUDGET AMENDMENT FOR EMERGENCY AND UNANTICIPATED EXPENDITURES FOR BUILDING MAINTENANCE OBJECTIVE: To reimburse the Department of Facilities Management for emergency and unanticipated expenses incurred in the first two quarters of Fiscal Year 2000-01. CONSIDERATIONS: The Facilities Management Department is responsible for maintaining the County's 600 facilities and structures. Annually, the Department budgets operational expenses for air-conditioning, plumbing, electrical and structural repairs based on previous years' expenses. Unanticipated expenses for building maintenance and repairs incurred during the first two quarters of Fiscal Year 2000-01 have reduced the operating budget, requiring additional funding to continue operations for the remainder of this fiscal year. An itemized breakdown of unanticipated expenses is attached. ,~ Expenditures have included air-conditioning repairs and maintenance at the main campus and several off campus buildings. This out-sourced work included the replacement of air-handlers, motors, auxiliary pumps, compressors and valves totaling $69,300. This total included $24,000 for the repair of the Central Library's air-handlers, controls and re-calibration of the system. Many of these systems are old and required replacement. Equipment replacements are considered critical in providing air-conditioning, heating and fresh air to County facilities. Electrical repairs and maintenance were high due to extensive light fixture replacements, as well as, electrical panel replacements and improvements. These improvements included breaker replacements, line installations, and the renovation of the Immokalee Fleet Maintenance Building. Repairs were needed to restore normal operating power and to improve service. Unanticipated electrical maintenance repairs and service totaled $21,500. Unanticipated structural expenses totaled $48,300. Expenses included structural repairs for roofs, stairs, doors, and windows. Miscellaneous services and supply expenses totaled $14,200, which included additional, pest control, decontamination of fuel tanks and storage rental. In addition, termite infestation was found in the Parks & Recreation and North Naples Library buildings. Termite eradication expenses totaled $4,200. Plumbing and fire safety systems were substantial do to large capital replacements. Plumbing expenses of $56,400 were incurred for water breaks in the Harmon Turner Building (F) and shower grouting and sealing in the Naples Jail. Fire Safety expenses totaled $62,000 for fire damper/exhaust fan replacements in the Naples Jail and fire sprinkler repairs Countywide, These items are considered life safety issues and required immediate replacement/repairs. N~~E~A~E~ JUN 1 2 2{)01 Pg. I r' Executive Summary Unanticipated Expenses Page Two Unanticipated Expenditures by Trade Trade Total HV AC (Air-conditionino) $ 69,300 Plumbino $ 56,400 Structural $ 48,300 Fire Safety $ 62,400 Misc. Building Repairs $ 14,200 Electrical $ 21 ,400 Total Unanticipated Repairs $ 272,000 As these expenses were unanticipated, funds are needed to continue operations for the rest of Fiscal Year 2001. Funds would be transferred from reserves and placed in the Building Maintenance Cost Center. FISCAL IMPACT: Total unanticipated expenses are $272,000. Funds would be transferred from General Fund Reserves (001-919010) to Building Maintenance (001-122240). GROWTH MANAGEMENT IMPACT: There is no effect on the Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve the necessary budget amendment (s) as addressed within this su Prepared By: Daniel R. odriguez, Facilities nager The Department of Facilities anagement Prepared By: Skip Camp, CFM, Director The Department of Facilities Management Date: d;fit Approved By: ~ Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: .s/3) / ()} . AGENDAIT~ No. IfJ tl2- JUN 1 2 2001 2- Pg. EXECUTIVES~RY ,,,,"~'.'~~ APPROV AL OF A BUDGET AMENDMENT IN THE AMOUNT OF $600,000 TO FUND CLAIMS IN THE PROPERTY & CASUALTY INSURANCE FUND THROUGH THE REMAINDER OF FISCAL YEAR 2001. OBJECTIVE: To receive approval from the Board of County Commissioners of a budget amendment to fund Property & Casualty insurance claims and settlements for the remainder of fiscal year 2001. CONSIDERATIONS: The Board of County Commissioners operates a self-insured property and casualty insurance program to fund property and casualty claims. A budget amendment to Fund 516 is sought to provide sufficient funding for the payment of claims through the remainder of Fiscal Year 2001. Currently, $625,000 is budgeted for the payment of claims expenses. As of May 18, 2001, the County had expended $805,647 for claims expenses with approximately $41,923 remaining to cover operating expenses in the fund for the remainder of the fiscal year. The primary need for this budget amendment arises due to an unusually large number of significant settlements, which include litigated cases and also include property insurance losses. These payments were as follows: ~. Administration Building Flood Loss Saubert vs. Collier County Francisco vs. Collier County Imperial Tennis Association Duncan vs. Collier County Garraghty vs. Collier County Holmes vs. Collier County Outside Counsel Fees- David Bryant Outside Counsel Fees- Larry Pivacek $227,000 $65,000 $150,000 $17,200 $150,000 $42,500 $10,000 $108,455 $17,160 Total $787,315 Reimbursement from the County's reinsurance carrier is anticipated to be approximately $250,000. It is recommended that a budget amendment increasing the claims budget in the amount of $600,000 be approved through the transfer of funds from Reserves in the amount of $350,000 to Insurance Claims and by recognizing an increase in revenues (reimbursements) in the amount of $250,000 from reinsurance proceeds. r' GROWTH MANAGEMENT IMP ACT: None. AGENDA ITEM No.J l/J 83 JUN 1 2 2001 Pg. I FISCAL IMP ACT: Funds are available from the Property and Casualty Insurance reserves expressly for the payment of claims and settlement costs. RECOMMENDATION: It is recommended that the Board of County Commissioners approve a budget amendment to Fund 516 in the amount of $600,000. PREPARED BY: ,)/~~ Date: :;;;110/ JetfWalker, CPCU, ARM, Risk Management Director REVIEWED BY: ~ Date: f/Jtf () ( . J 0- Anne V arcoe- Leamer, Support Services Administrator AGENDA ITEM No._l {d 8.3 JUN 1 2 2001 Pg. 'Z- EXECUTIVE SUMMARY ,~' APPROVE STAFF'S SELECTION OF REAL EST ATE APPRAISAL FIRMS AND THE AWARDING OF APPRAISAL AGREEMENTS IN ACCORDANCE WITH REQUEST FOR PROPOSALS (RFP) 01-3204 REAL ESTATE APPRAISAL SERVICES OBJECTIVE: To secure approval of staff's selection and authorize the County to enter into Appraisal Agreements with the 12 real estate appraisal firms listed below. CONSIDERATION: Except in certain circumstances when the Commission may waive the requirement for an appraisa4 Florida Statute 125.355 requires that the County have an appraisal (two appraisals if valued at $500,000 and above) made to determine the value of land and rights secured from a property owner. An appraisal is also needed on property the County anticipates selling or leasing. ~ In the majority of instances, Real Property Management is negotiating to purchase right- of-way or sites from unwilling sellers. So the more time staff is able to devote to meaningful negotiations with owners, the greater the opportunity for a negotiated settlement. The largest majority of Real Property's time is spent securing right-of-way for Transportation projects, and 9 ~ months is allotted Real Property to complete its activities. Afterwards, any unsecured parcels are then turned over to the County Attorney's Office for initiation of condemnation proceedings. These activities include securing Board approva4 title commitments and appraisals, providing proper notices to landowners, and negotiations and closings. Two months are spent soliciting bids for appraisal services, selecting an appraiser, and entering into a contract. Only 4 ~ months are allowed for negotiations; and because the appraisal review process and negotiation period overlap, negotiations on some parcels are limited to weeks instead of months. The result is a higher number of parcels being condemned. It's more costly and generally leaves litigate landowners with an unfavorable opinion of Collier County. ,r-' Real Property is continually investigating ways of streamlining current processes and has developed a procedure for selecting an appraiser and having him/her beginning work just as soon as Real Property can provide plans and explain the scope of the project. This will take days instead of months and allow an additional seven +/- weeks for negotiations, an increase of approximately forty percent. Instead of the current process as outlined above, staff is recommending that the County enter into fixed hourly rate contracts with the following twelve appraisers. The initial contract term will be for two years, with the option to extend for three additional one-year terms. A No. JUN 12 2001 Pg. ~ Request for Proposal (RFP) 01-3204 was advertised on March 13, 2001 and invitations to submit proposals were mailed to 323 different appraisal firms. Forty-two appraisal firms requested the full bid package and 16 returned the RFP by the due date of April 13, 2001 at 4:00 PM. A Selection Committee facilitated by a representative of the Purchasing Department and consisting of two members of Real Property Management and two Assistant County Attorneys was authorized to review, evaluate, and rank the appraisers based upon their qualifications, overall experience, expert witness experience, clientele, review of work product, and office location. By consensus of the selection committee, 12 firms were accepted and four were not, two of which because they did not complete the proposal and two because of unsatisfactory work recently performed for the County and other clients. With Commission approval and upon submission of a proper proposal, appraisers may be added to the approved lists. A copy of the Ranking Matrix Form is attached. The accepted appraisal fIrms in order of ranking are: 1. Coastal Appraisal Services 2. Sewell, V alentic~ Tillis & Assoc. 3. Gallion Wilson 4. Anderson & Carr 5. Quinlivan Appraisal 6. Galloway & Price 7. Ornni Appraisal Group 8. W.H. Reeve & Associates 9. R & W Enterprises 10. Wilcox Appraisal Services 11. George P. Kmetz Appraisal Services 12. Appraisal Research Corp. of Naples FISCAL IMP ACT: Fees for real estate appraisal services will be paid from various fund sources and cost centers established to support capital improvement element projects and other miscellaneous projects, as directed by the Board of County Commissioners, from time to time, over the term ofthe proposed Appraisal Agreements. GROWTH MANAGEMENT IMP ACT: Approval of the following recommendation will have no impact upon the County's Growth Management Plan other than to allow for immediate access to real estate appraisal services as the need arises. RECOMMENDA TION: That the Board of County Commissioners: 1. Approve the selection of the above 12 real estate appraisal firms; 2. Authorize the Chairman to execute Appraisal Agreements with these 12 firms after review and approval of the Agreements by the County Attorney's Office; and 3. Authorize the continued solicitation of qualified appraisers. AGE No. JUN 1 2 20 1 Pg. ;}... SPtk / SUBMITTED BY: REVIEWED BY: Date: '5 - 3l-ol Charles E. Carrington, Jr., RIW 1\ Director Real Property Management Department REVIEWED BY: ~~~,~ Date: .)/~J/OI Stephen Y. Carnell, Director Purchasing/General Services Department APPROVED BY: \~ Date: .sjJljlJ{ Jo-Anne Varcoe-Leamer, Administrator Support Services Division AGE No. JUN 1 2 2001 Pg.: ~ f/) CI z is ~: ~ f?lll CI :& ... u Z ~ i'~ S2 2 ;i~ ~ ~ 8m Q! -<<. l5 'i! ~ 0:: CI. u: Do ~ w O::s w ftJ! !: liill1 :e ::E ~z 0 0'0:: U w' Z 0:: 0 j:: u ~ w f/) z 52 ~ ~g ~iil:i2~ lf) = c I.r) l/)lI: 'to ~ o _ Eiil.lll: ::l .5 Ii l/)ILO:: ~ il: II. o I ~ il: II. o W ~ i 'g J all ~ i= .z: u ~ III ~ J j- 00 '\5(') j III ~ ~ !. e 11. iil &1 I Lf) r ~ g. S all c J ~ Q. ::l e (!) iil III ~ Q. ~ C E o I lj) r1'\ 8 1: 11. all ~ j ~ LfJ cii ...9 1II Gl U .~ III (II iil 1/1 'j! Q. ~ I o u I 'J ,9 .~ Fil &'0 ~ c~ .s iii. -! '0 i 'f ~. iil 1/1 'j! Q. ~ 8 i 9.d ~ g~ ~ e. 8 .c ~ Gl & iil 1/1 ! Q. ~ c Q III i c g iil (!) u .s ti ~ all 1J co (II ~ t :Ii -e III i :Ii all c ~ :Ii - 1.1) 1/1 fd 'u Q 1/1 .1! all III i It: ::r ;: I 5 , .~ Jl i'ii III 1! Q. ~ .tI ~' ~ ~ Q ~ tj) r J (fJ s 'C j c w ~ all 0:: Lf1 r o .3 0- ("6 iil t ~ .~ c 'S a >- c 11 E Q U all 1:: j (II No~GE~ ~~ JUN (1 2 2001 Pg. :E 0:; o I.L ~ 0:; ~ :E C!l z 52 ~ .... ~: "VI ~3 i'~ ;a!J; m- olx Q. '- of 0:;1:1. 0.1:1. 0:;< oS I.LJ! I- VI mW w- ::::l m aD:: w= 0:; m C!l z is ~ m C!l z 52 ! ;a! z ii: W W I: i ::e o o z o j:: o W ..J W m eB~ ! .!.!!c ED..:ii! :15 ~ z~ 'OB~ ~ I i ~.5 Sf; '! ~~&! ... ~ B ~ .!.!'!c sD..:ii! :Ij!;-t f;j z....o:: -- ... -- ~ B ~ .!~~ E5 c ~~&! - - - ... o Gl ~ , '- Ll GI III C .Q ii: ,- Ej!; ~ ~~o:: - ~B~ GI III c .Qii::;;! ~5 Ii z::rx - - ... ~ B a Gl III C .Q ii: .- E5 ~ :i~~ - - ..:. ... o III '-Bll) .! III .S Sii:,! ~=... ~ - - '0 ~ '- GI III U C .Q1ll_ Eii:~ :15 III Zcoo:: - - ... o III :dl g' .Q III ._ Eii:,! l.J) U'l If) :il.. ~ l/1 a= 0=- cr- J -- ... o III .! ! .~ Eii:~ ~~~ - '0 ~ ... Gl .! ~.5 Eii:~ ~lfn ~ ... o III .!8g Vl lfl ~ ", .!!:;;! 5 ~ ED.. C d \Jl U\ ~~~ t1i '" ::!! ci. .!I ..i\ , ... o ~ ig.s 1I1 t! Eii:~ tJ\ ~'1.,~ ~ ~ I""l _.. - ~ eBa .!IllC Eii:~ ~t~ - - '0 ~ lii B c .Q III ._ Sii:'! ISl. :I'll III - l/'I z....o:: ~ .= .~ Q. :I e ii >. Xl c . Xl (!l ii 011 III III I: B ii ii .!!! .~ 'j! Q. ii~ ~ !I I! c ca a. E c'g III 1: 0 .Q oil e- ~ 0 0 D.. ii: l! a. .!!I III .. !~ I/) ~ Xl .! 0 ~~ 011 011 u.. a. a. i 0 ~i ~ Ii .~ c c 011 c >. E.:: w ~ 1:: 0 III W c o::'ij ::::011 I! ~ c fE ,g ~ III j iiii !,g .0 c ~ ;.!!I Gl E ii J:~ Dll '3 'tl 'ii &~ o III ~~ ;: .s Jl~ ~ 0 01/) (!l 0:: a I/) (!l J U N 1 2 200 -~ Pg. ~ -- EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #01-3219, "PURCHASE AND DELIVERY OF FERTILIZER". Objective: To obtain fertilizer for use in various County departments, in a cost efficient and responsive manner. Considerations: Bid #01-3219 was posted on March 13, 2001 with invitation to bid sent to 76 vendors. Of the 10 vendors that requested bid packages, 3 proposals were received and opened on April 25, 2001. There were 37 items up for bid. The results are as follows: Agro Distribution dba Pro Source One was the low bidder on 20 items. Lesco, Inc. was the low bidder on 10 items. Howard Fertilizer tied for low bid on 2 items. There were 5 items that received no bids. Staff has reviewed the proposals and feels it is in the best interest of the County to award this bid to all three companies on a line by line basis, to the lowest bidder for each respectively. The contracts would be in place for one year. ~ Growth Management Impact: This will not affect the Growth Management Plan. Fiscal Impact: Funds are appropriated in the operating budgets of the using departments for the purchase of fertilizer in FY 2001/2002. Recommendation: That the Board of County Commissioners award Bid #01- 3219 to Agro Distribution dba Pro Source One, Lesco, Inc., and Howard Fertilizer in the manner specified herein. Date S /':3'i) 121101 Reviewed and ~ ,/' Approved by: - . , ~4~ Stephen . carne1 Director < Purchasing/General Services Department Date /5(3a(o/ ~ Reviewed and Approved by: Jo-Anne Varcoe-Leamer, Administrator Support Services Division ~ Date S /31) 01 I ~ JUN 1 2 2001 Pg, ( EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #01-3210 -- SMALL LANDSCAPE EQUIPMENT AND SMALL ENGINE EQUIPMENT PARTS AND SERVICE, AND ASSOCIATED QUOTES. OBJECTIVE: Obtain approval from the Board of County Commissioners to award Bid #01-3210 and associated quotes to specified equipment dealers for purchase of small landscape equipment and small engine equipment parts and service. CONSIDERATIONS: Collier County Government owns over 600 items oflandscaping equipment and other miscellaneous small engine equipment. The Fleet Management Department is responsible for maintenance and repair of this equipment, and sometimes responsible for replacement of smaller equipment when repair is no longer economically feasible. Purchases and services exceed $25,000 annually. Bid #01-3210 establishes a two-year contract, with two option years, with manufacturer authorized equipment dealerships for small equipment, parts, and service. Bid invitations were posted on February 20, 2001, and thirty notices were sent to prospective bidders. Four bids were received by the March 16, 2001, deadline. Of the four, one bid (The Home Depot) was not valid because it did not meet bid requirements of being an authorized parts distributor and repair service representative. Since the responsive bids did not encompass all small equipment products required by the County, separate quotes were solicited from factory authorized dealerships of particular products under the same terms of the bid. In three cases where the separate quotes competed with products of the initial responsive bidders, award to the responsive bidders is recommended. FISCAL IMPACT: Purchases from Bid 01-3210 and associated quotes will exceed $25,000 annually. These expenditures are budgeted in Fund 521, Fleet Management. Since Fleet Management is an internal service fund, the costs will be passed through to the departments owning the equipment. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. RECOMMENDATION: The Board of County Commissioners award Bid #01-3210, Small Landscape Equipment and Small Engine Equipment Parts and Service, and ,_ associated quotes under the same terms, to authorized dealerships as indicated on the attached Bid Matrix. AGE No. JUN 1 2 200 Pg. I -- Executive Summary: RECOMMENDATION TO AWARD BID #01-3210. SMALL LANDSCAPE EQUIPMENT AND SMALL EQUIPMENT PARTS AND SERVICE AND ASSOCI D l!OTES. (continued) SUBMITTED BY: REVIEWED BY: APPROVED BY: s/;~/{)/ I I S(I~(O ( Date: Croft, F ee . an ment Director yp&L <rJ. rA Date: Stev~Purchasmg DIrector ~ Date: S"/sJ/OI Jo-Anne Varcoe-Leamer, Support Services Administrator 2 AGE A rg,M No. ,Ill {f JUN 1 2 2001 Pg. BID MATRIX BID #01-3210, SMALL LANDSCAPE EQUIPMENT AND SMALL ENGINE EQUIPMENT PARTS & SERVICE, AND ASSOCIATED QUOTES ...:'- '\_- RESPONSIVE BIDDERS ASSOCIATED QUOTES Dealer> Barry's Naples Small Eng. Barry's Capri Equipment Sarlo Nortrax Gravely Armature World Gravely Lawn Bookie Mowers Labor> $48.00 $30.00 $35.00 $48,00 $32.00 $50.00 $55.00 $60.00 MANUFACTURER EauiD Parts EauiD Parts EauiD Parts EauiD Parts EauiD Parts EauiD Parts After Market Billie Goat Bomag Briggs&Stratton 0% Dixie Chopper Echo Exmark Goodyear Grass Hopper Gravely Honda Husquuarma Hypro Pumps John Deere Mowers John Deere Trimmers JRB Attachments Kawasaki Kohler Kohler NPK Hammers Polaris Robin Rotary Sandvik Sarlo Shindaiwa Snapper Sprayers/Spreaders SprayersfTanks Spraying Systems Stens Stihl Summit Hose Tecumseh Engines Tiger Mowers Toro Wacker 0% ~ !!r:~:r~ ~~ None 0% BOLD/SHADED PRINT INDICATES LOW BIDDER OR SOLE BIDDER DISCOUNTS, AND RECOMMENDED PRIMARY DEALERS, BY MANUFACTURER, FOR AWARD. ?()/~ /p JUN 1 2 2001 h Pg. AGENDA TRANSMt1'TAL SUP I ~, Agenda Item # ---qte Submitted: May 16, 2001 Requested Agenda Date: June 12,2001 Requested by: Date: 5/16/01 Reviewed by: tc Steve Carnell, P r Date: ,)((g/O Division Head: Date: County Manager. Date: Jo-Anne Varcoe-Leamer, Support Services Administrator Item Title: RECOMMENDATION TO AWARD BID #01-3210 - SMALL LANDSCAPE EQUIPMENT AND SMALL EQUIPMENT PARTS AND SERVICE, AND ASSOCIATED QUOTES. FISCAL IMPACT: Purchases from Bid 01-3210 and associated quotes will exceed $25,000 annually. These expenditures are budgeted in Fund 521, Fleet Management. Since Fleet Management is an internal service fund, the costs will be passed through to the departments owning the equipment. List of Documents Attached: __-1. Executive Summary (required) 2. Sid Matrix 4. N:GENr~I~M(p JUN 1 2 2001 Pg. EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #01-3210 -- SMALL LANDSCAPE EQUIPMENT AND SMALL ENGINE EQUIPMENT PARTS AND SERVICE, AND ASSOCIATED QUOTES. OBJECTIVE: Obtain approval from the Board of County Commissioners to award Bid #01-3210 and associated quotes to specified equipment dealers for purchase of small landscape equipment and small engine equipment parts and service. CONSIDERATIONS: Collier County Government owns over 600 items of landscaping equipment and other miscellaneous small engine equipment. The Fleet Management Department is responsible for maintenance and repair of this equipment, and sometimes responsible for replacement of smaller equipment when repair is no longer economically feasible. Purchases and services exceed $25,000 annually. Bid #01-3210 establishes a two-year contract, with two option years, with manufacturer authorized equipment dealerships for small equipment, parts, and service. Bid invitations were posted on February 20, 2001, and thirty notices were sent to prospective bidders. Four bids were received by the March 16,2001, deadline. Of the four, one bid (The Home Depot) was not valid because it did not meet bid requirements of being an authorized parts distributor and repair service representative. Since the responsive bids did not encompass all small equipment products required by the County, separate quotes were solicited from factory authorized dealerships of particular products under the same terms of the bid. In three cases where the separate quotes competed with products of the initial responsive bidders, award to the responsive bidders is recommended. FISCAL IMPACT: Purchases from Bid 01-3210 and associated quotes will exceed $25,000 annually. These expenditures are budgeted in Fund 521, Fleet Management. Since Fleet Management is an internal service fund, the costs will be passed through to the departments owning the equipment. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: The Board of County Commissioners award Bid #01-3210, Small Landscape Equipment and Small Engine Equipment Parts and Service, and associated quotes under the same terms, to authorized dealerships as indicated on the attached Bid Matrix. AGEmNo. JUN 1 2 2001 ,.- Pg. ~ .- Executive Summary: RECOMMENDATION TO AWARD BID #01-3210. SMALL LANDSCAPE EQUIPMENT AND SMALL EQUIPMENT PARTS AND SERVICE. AND ASSOCI~ED QUOTES. (con~inued) SUBMITTED BY: / I; ()J j! 1/ Date: Croft, F ee an ement Director "L~' . fff REVIEWED BY: JZti, 'f t(/. lfinlf Date: Steve C el , Purchasing Director j/;f/{JJ / l S((g(O ( APPROVED BY: Date: Jo-Anne Varcoe-Leamer, Support Services Administrator 2 ~ N~'UN ; 2- iiio[ Pg. BID MATRIX BID #01-3210, SMALL LANDSCAPE EQUIPMENT AND SMALL ENGINE EQUIPMENT PARTS & SERVICE, AND ASSOCIATED QUOTES RESPONSIVE BIDDERS ASSOCIATED QUOTES Dealer> Barry's Naples Small Eng. Barry's Capri Equipment Sarlo Nortrax Gravely Armature World Gravely Lawn Bookie Mowers Labor> $48.00 $30.00 $35.00 $48.00 $32.00 $50.00 $55.00 $60.00 MANUFACTURER Equip Parts Equip Parts Equip Parts Equip Parts Equip Parts Equip Parts Equip Parts Equip Parts After Market ~ Billie Goat Bomag Briggs&Stratton 0% 10% 0% 10% Dixie Chopper Echo Exmark . , Goodyear Grass Hopper - Gravely == Honda Husquuarma Hypro Pumps John Deere Mowers 0% 0% John Deere Trimmers 0% 0% JRB Attachments Kawasaki 10% 15% Kohler == Kohler None NPK Hammers ~ Polaris Robin =- Rotary Sandvik Sarlo Shindaiwa i-r Snapper Sprayers/Spreaders SprayerslT anks Spraying Systems Slens Stihl 21% 10% 0% 0% Summit Hose Tecumseh Engines ~ i'-l Tiger Mowers Toro Wacker BOLD/SHADED PRINT INDICATES LOW BIDDER OR SOLE BIDDER DISCOUNTS, AND RECOMMENDED PRIMARY DEALERS, BY MANUFACTURER, FOR 81 N/GE1tJ '1~ AWARD. JUN 1 2 200t Pg. EXECUTIVE SUMMARY -- RECOMMENDATION TO ENTER INTO A COOPERATIVE PURCHASE MASTER AGREEMENT WITH OFFICE DEPOT BUSINESS SERVICES DIVISION FOR PURCHASE/DELIVERY OF OFFICE SUPPLIES. OBJECTIVE: To obtain office supplies in a cost efficient and responsive manner. CONSIDERATION: The County's current office supply contract is scheduled to expire July 5, 2001. The U.S. Communities Government Purchasing Alliance, commonly referred to as NACo has contracted with Los Angeles County for the purchase of office Supplies with Office Depot Business Services for three (3) years, with two (2)-1 year renewals. This is part of the national cooperative purchasing alliance, which means cities and counties nationwide can purchase under (or "piggy back") the agreement. Several city and county entities in the Collier and Lee County areas are currently utilizing this contract. The Purchasing Department has called several of the entities as reference checks and received positive comments and feedback. The agreement offers up to 63% off mfg. list price for frequently ordered catalog items; up to 52% off /~fg. list price for furniture; up to 45% off mfg. list price for remainder of catalog; and over up to 80% .: mfg. list price for high use items. The agreement also offers: E-Commerce Incentives: E-commerce order transactions of at least 40% will result in an incentive fee equal to 0.5% of the total sales volume; and e-commerce order transactions of at least 80% will result in an incentive fee equal to 1.0% of the total sales volume. Volume Incentives: Purchases exceeding $500K in one (1) calendar. year, will result in an incentive fee equal to 0.5% of the total sales volume; and purchased exceeding $1 M in one (1) calendar year, will result in an incentive fee equal to 1.0% of the total sales volume. Office Depot is prepared to service the County in the same manner as under our present contract. A cost analysis between Office Depot and the current vendor, of the most commonly purchased items was completed. Office Depot came in lower or the same cost for a majority of the items. Given all of these considerations, it is the recommendation of staff to piggy back off of Los Angeles County, California's Master Agreement #41421 with Office Depot Business Services Division for office supplies. ,,-- / JUN 1 2 2001 Pg. I -~XECUTIVE SUMMARY \GE TWO JFFICE SUPPLIES FISCAL IMPACT: It is estimated approximately $200,000-$225,000 will be spent over the next twelve (12) months under this agreement. Funds are appropriated in the operating budgets of the respective using agencies. GROWTH MANAGEMENT IMPACT: This will not affect the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve piggy backing the Los Angeles County, California Master Agreement #41421 with Office Depot Business Services Division for office supplies, and authorize the Chairman to sign the piggy back amendment after County Attorney review. SUBMITTED BY~IG\L\[\J~ \,J,-,l~ Rhonda L. Tibbetts,l Purchasing Agent I Purchasing Department Date: S\~cl \C1 REV I EWED BY: /' A ,II!(' ~ LkJ.yvJ~ I II Date: 5 (-2.4 (0 I APPROVED BY: ~. Date: .5/3) 0 , Jo-Anne Varcoe-Leamer, Administrator Support Services Division .--.. AGE A ITft. No. lu 7 JUN 1 2 2001 d- Pg. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR THE EMERGENCY REPLACEMENT OF THE JUDGE'S SECURITY AND CARD ACCESS SYSTEMS IN THE NAPLES AND IMMOKALEE COURTHOUSES (PROJECT 80525) OBJECTIVE: To have the Board approve a budget amendment for the emergency replacement of the Judge's courtroom security systems and upgrade the card access systems throughout the Naples and Irnmokalee Courthouses. CONSIDERA TIONS: The Sheriff's Bailiffs, are mandated by State Statute to provide security to the County Judges in the many courtrooms in Naples and one courtroom in Irnmokalee. The Naples and Irnmokalee Courthouses contain security systems/measures that allow the Bailiffs and Security staff the ability to quickly control access and egress from courtrooms in the event of an emergency. These systems are over ten years old and need to be updated. Judiciary, Court Administration and Sheriff's Bailiffs have recognized this as a safety issue and have requested Facilities Management to assist them in replaceing this system. The old system would be replaced with the County's new card access program, which is much more stable and provides redundancies in the. event of power and equipment failures. The photo J.D. system for all courthouse employees would add uniformity to staff credentials on campus, and increase security by deterring unauthorized entry into secured areas. The Department of Facilities Management has received a proposal from Johnson Controls Inc. to replace the exiting system and to provide annual service under a current contract. FISCAL IMPACT: Total costs associated with this project are $290,000. Funds are available in the General Fund Reserves. GROWTH MANAGEMENT: There is no impact on the Growth Management Plan. RECOMMENDA TION: That the Board of Collier County Commissioners approve the budget amendments as addressed within this Executive Summary. /- AG~NDA JJ~M No.~ JUN 1 2 2001 Pg. I Executive Summary Cont. Courthouse Security Systems Page 2 of 2 // Date: S--/G?- 0/ SUBMITTED BY: Daniel R. Rodriguez, Fa' les nager Department of Facilities Management SUBMITTED BY: ~~ Skip Camp, CFM, Director Department of Facilities Management Date: APPROVED BY: ~ Jo-Anne Varcoe-Leamer, Administrator Support Services Division s:~,.4 Date: J'/..;'/fJJ .- ~ AGENDA IT~ No. liP r:~ JUN 1 2 2001 Pg. 2- APPROVAL OF BUDGET AMENDMENTS BCC Agenda of June 12, 2001 General (Fund 001) Public Information Budget Amendment #01-322 Operating Expenses $8,300 Reserves (8,300) Total: -0- Explanation: Funds are needed to cover the cost of advertising the Board's Agenda Index in the Naples Daily News. Clam Bay Restoration (Fund 320) Budget Amendment #01-327 Operating Expenses $20,000 Reserves Reserve for Capital Outlay (20,000) Total: -0- Explanation: Funds are needed to construction interior tidal channels within the Clam Bay Restoration Area. Naples Production Park MSTU (Fund 138) Budget Amendment #01-334 Operating Expenses $450 Reserves Reserve for Contingencies (450) Total: -0- Explanation: Funds are needeafor payment of mediation services associated with easement acquisition on Parcel 99/915 in the Naples Production Park assessment project. ,,- AGENDA ITEM No. /(.6- C/) JUN 1 2 2001 Pg. I EXECUTIVES~RY APPROVE TERMINATION OF COLLIER COUNTY INTEREST & SINKING FUND (201) IN ITS ENTIRETY OBJECTIVE: To obtain Board approval for the termination of the "Interest & Sinking Fund (201)" as a budgetary item. This fund provides no function and needs to be terminated as an existing fund to simplify the budgetary process. CONSIDERATION: The Office of Management and Budget is in the process of having old funds deleted. As long as these remain, the Property Appraiser must certify the taxable value of each to the Board of County Commissioners on an annual basis. These certification forms are then reviewed by the OMB staff, signed by the County Manager, and forwarded to the Florida Department of Revenue for review and processing. This fund has not been used by Collier County for many years and has maintained a zero balance at least since 1988. It serves no purpose and is not needed by the County. FISCAL IMPACT: The termination of this fund will serve to simplify County budget preparation. ~ GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with the proposed termination of this fund. RECOMMENDA TION: That the Board of County Commissioners approve a Resolution terminating the "Interest & Sinking Fund (201)" and direct that it be removed from the County's budget. ~~ Date: d ~ f.o.~l . Reviewed and Approved by: ,~~~~- Michael Smykowski, Budget Director Date: (,. /.. u / --- Date: . ITEM No. /6 6-C.J..) Thomas W. Olliff, County Manager JUN 1 2 Z001 Pg. I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 C'--.. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ~ RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS TERMINATING THE ''INTEREST & SINKING FUND (201)" IN THE BUDGET OF COLLIER COUNTY WHEREAS, the "Interest & Sinking Fund (201)" has no written record or documentation pertaining to the establishment of this fund; and WHEREAS, there are no funds in this account nor have there been since at least 1988; and WHEREAS, the continuation of this fund as a budget item requires the creation of unnecessary documentation regarding value certification and other matters pertaining to ad valorem taxes; and WHEREAS, it is in the best interest of the Collier County budget process to terminate this fund, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The "Interest & Sinking Fund (201)" shall terminate. This Resolution adopted this day of June, 2001 after motion, second and majority vote favoring same. A ITEST: D~GHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: ~~ AGENDA ITEM No. I t, 6-{~ JUN \ 2 Z001 Pg. :J- EXECUTIVE SUMMARY APPROVE TERMINATION OF COLLIER COUNTY CAPITAL OUTLAY FUND (196) IN ITS ENTIRETY OBJECTIVE: To obtain Board approval for the termination of the "Capital Outlay" Fund (196) as a budgetary item. This fund provides no function and needs to be terminated as an existing fund to simplify the budgetary process. CONSIDERATION: The Office of Management and Budget is in the process of having old funds deleted. As long as these remain, the Property Appraiser must certify the taxable value of each to the Board of County Commissioners on an annual basis. These certification forms are then reviewed by the OMB staff, signed by the County Manager, and forwarded to the Florida Department of Revenue for review and processing. This fund has not been used by Collier County for many years and has maintained a zero balance at least since 1993. It serves no purpose and is not needed by the County. FISCAL IMP ACT: The termination of this fund will serve to simplify County budget preparation. "....-- GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with the proposed termination of this fund. RECOMMENDATION: That the Board of County Commissioners approve a Resolution terminating the "Capital Outlay" Fund (196) and direct that it be removed from the County's budget. Prepared by: Date:~~ I. , krz:. ( Reviewed and Approved by: rt1J6.P S ~ Michael Smykowski, Budget Director Date: tv~/-()/ Date: AGENDA ITEM No. /, Go- C3) ~ Thomas W. Olliff, County Manager JUN 1 2 2001 Pg. I ---- 1 RESOLUTION NO. 2001- 2 3 4 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY 5 COMMISSIONERS TERMINATING THE "CAPITAL OUTLAY" FUND (196) IN 6 THE BUDGET OF COLLIER COUNTY 7 8 9 WHEREAS, the "Capital Outlay" Fund (196) has no written record or documentation 10 pertaining to the establishment of this fund; and 11 WHEREAS, there are no funds in this account nor have there been since at least 1993; and 12 WHEREAS, the continuation of this fund as a budget item requires the creation of 13 unnecessary documentation regarding value certification and other matters pertaining to ad 14 valorem taxes; and 15 WHEREAS, it is in the best interest of the Collier County budget process to terminate this 16 fund. 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 18 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The "Capital Outlay" 19 Fund (196) shall terminate. 20 This Resolution adopted this day of June, 2001 after motion, second and majority 21 vote favoring same. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 BOARD OF COUNTY COMMISSIONERS COLLIER COL'NTY, FLORIDA ArrEST: DWIGHT E. BROCK., CLERK By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: b~~~ qu 'ne Hubbard Robinson sistant County Attorney AGENDA ITEM No. It. &- C3) JUN 1 2 2001 Pg. 2- EXECUTIVE SUMMARY APPROVE TERMINATION OF COLLIER COUNTY WATER MANAGEMENT FUND (110) IN ITS ENTIRETY OBJECTIVE: To obtain Board approval for the termination of the "Water Management" Fund (110) as a budgetary item. This fund provides no function and needs to be terminated as an existing fund to simplify the budgetary process. CONSIDERATION: The Office of Management and Budget is in the process of having old funds deleted. As long as these remain, the Property Appraiser must certify the taxable value of each to the Board of County Commissioners on an annual basis. These certification forms are then reviewed by the OMB staff, signed by the County Manager, and forwarded to the Florida Department of Revenue for review and processing. This fund has not been used by Collier County for many years and has maintained a zero balance at least since 1993. It serves no purpose and is not needed by the County. FISCAL IMP ACT: The termination of this fund will serve to simplify County budget preparation. GROWTH MANAGEMENT IMP ACT: There is ,no Growth Management impact associated with the proposed termination of this fund. RECOMMENDATION: That the Board of County Commissioners approve a Resolution terminating the "Water Management" Fund (110) and direct that it be removed from the County's budget. Prepared by: b~ Date: ~ \ J 'l...c-c t Reviewed and Approved by: rtt~ ~--e_ Michael Smykowski, Budget Director Date: b'-I-o/ .-.- Date: AGENDA ITEM No. /t- (;. ( '1-) Thomas W. Olliff, County Manager JUN 1 2 2001 Pg. I ,- 1 RESOLUTION NO. 2001- 2 3 4 A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY 5 COMMISSIONERS TERMINATING THE "WATER MANAGEMENT" FUND 6 (110) IN THE BUDGET OF COLLIER COUNTY 7 8 9 WHEREAS, the "Water Management" Fund (110) has no written record or documentation 10 pertaining to the establishment of this fund; and 11 WHEREAS, there are no funds in this account nor have there been since at least 1993; and 12 WHEREAS, the continuation of this fund as a budget item requires the creation of 13 unnecessary documentation regarding value certification and other matters pertaining to ad 14 valorem taxes; and 15 WHEREAS, it is in the best interest of the Collier County budget process to terminate this 16 fund. 17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 18 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: The "Water Management" 19 Fund (110) shall terminate. 20 This Resolution adopted this day of June, 2001 after motion, second and majority 21 vote favoring same. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA AITEST: DWIGHT E, BROCK, CLERK By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: ~oM~ ~/..bx.J to 6 ~ que{jne Hubbard Robinson Assistant County Attorney AGENDA ITEM No. /c. Go, ";') JUN 1 2 2001 Pg. 1- -- COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Conunissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Jim Coletta and Commissioner James Carter hereby requests that the Board of County Commissioners approve for payment by the Clerk hislher attendance at the following function / event: ----' Function / Event: The American Specialty Contractors of Florida Annual Installation Dinner "1 Olh Year Anniversary Celebration" at S1. John the Evangelist Life Center. 625 111 tit Avenue North Public -Purpose: Government participation in American Specialty Contractors of Florida Installation of Officers. Date of Function / Event: Friday. June 15.2001 Amount to be paid by the County: .---- $30 per commissioner ~~t~J JL::~ 1 6 2001 PI. I Mileage: nla COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Jim Carter hereby requests that the Board of County Commissioners approve for payment by the Clerk ~ his/her attendance at the following function / event: Function / Event: Attorney/Client dinner meeting to discuss the Beach Rocks Mediation at Collier Athletic Club Public Purpose: -Commission Chairman's participation in case mediation meeting Date of Function / Event: Tuesday, May 8, 2001 Amount to be paid by the County: $20.00 'D,A. ITEM N~~"~ J U N 1 6....2Wt Pi,. -'-~ . .--r~"'~ I Mileage: ,-' N/A ?Jlb)d( --~. rvv.!1fl. ~~\i $, JO.DO 'bel C~~~ C~ ~Q~ ~'6'{\~\)~)({)'~' ,,--, ~ Co11ier ~th1etic C1ub ________ Chit Details -------- Member: 9877 NAPLES LAKES COUMTRY C Server: CARLOS-'6'D Area: Mangrove Room Table.: 6 Covers: 6 Chit .: 0201436' Date: May 8/0' Time: 8:46pm 2 STEAK NIGHT SPECIA , Lobster Special WF 1 Caesar Sandwich Wr , Grouper Sandwich 1 veal special 1 Dewars RX/JC 2 Iced Tea 1 Michelob Light 2 Juice 3 Cappuccino 1 Espresso 21.90 1B.95 7.50 8.95 19.95 4,50 2,70 2,50 3.30 10.50 2.50 ---------- Sub-Total: Gratuity Sales Tax 103,25 20.65 1.44 ---------- Cn\t lota1: $\3\134 ======::=== ~ember Cnarae $\3\.34- Nm:WILLIA~ MOUNTFORD X1191 ---------------------------------- Membe r '5 Numbe r Member's Signature Remembe r Seafood Buffet Night Every Friday Might ,," ,," ,," "," AGENQ - -- NO'~F;1 Jt::~ 1 6 2:~' - t Pg. 1.---- COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters, In accordance with Resolution No. 99-410, Commissioner James D. Carter hereby requests that the Board of County Commissioners approve for payment by the Clerk ~- hislher attendance at the following function / event: Function / Event: Latin American Business and Professional Association Scholarship Gala at Hilton Naples & Towers Public Purpose: Interact with constituents and scholarship recipients Date of Function / Event: June 23, 2001 Amount to be paid by the County: $60.00 Mileage: ~~~~ J' 'u 1"8 "'rt"l U I~ JIlo LvI.' ",-.. N/A Pa. I . ~ $$l~l:<l -~1 ~ ';~ ~ ' I ..1___ n ~r~"tl<' It , ".11' . \W Latin American '5a/Jooor" W~... ~ .v .~ I.. Please respond by June 15,2001 , M CnMM\S51~~ -:5\MCAR.. T~R.. ~ Number of adults ~ x $60 = $ fen.CO I Number of children (under 10) x $30 = $ I ,Check # ' ~ ' ~ I cannot attend but enclosed is my donation of $ i I ~ ~ 1 ~ , ~~ ~. -:;;I~_,~~m ~1iI$~jlj;~~~~WM~"..~_~31~..l 1 ~ ~ 1.1; l~ ~ il ~ '{.; ~ ~ i:~ <~ ~ 4 , (1 l\ ~ ~ ~ ;<f, ~ :\ To confirmyour reservation, payment must be received by June 15,2001. Please mail your check with this card.; LABPA Education Foundation, Inc. P.O. Box 990724, Naples, FL 34116. Please call 403-5550 for more information. ~I" .- -' ~,~ JUN t 2 Z:;~t PI. ;2- RECEIVED MAY 1 6 2001 Board of County C~.issioners Presented by: LABPA EducatJon FoundCltion,lnc. DATE: June 23, 2001 ARRIVAL TIME: 6:00 p.m. (valet parking available) LOCATION: HILTON NAPLES &TOWERS 5115 N. Tamiarni Trail, Naples, FL 34103 (941) 430-4900 The excitement of the evening will include: Latin American Buffet Dinner Live Band Dancing Raffles Scholarship Ceremony RSVP by June 15, 2001 for more information: www.labpa.org s;.,...', ~j ;? ~ ~~ ~ ~ :1 /. . - .ow"" 'J~rQ.t1~~" .'.. I " ( i J d-3r ~ it !III '_.~~~~'*.,i""~'i! !~.' ~^I~lU~'''':,\,: Latin American ~~ ~"J eJVC? y tDtD 11 't ~ ~ i 11 I ~ ~j ~ " ~ ~ '.~ '1 ~ i! J ~ ~ r 1 ~ ~ .~ ~ . :j ~~ ~ I r, ~ " i I I I ~ .Ai';', ~r; A Celebration! :;!~ ;-1~"''''l>4_4.P<:.filot:.l!1IllC:!<,j.. b,. ~,~ I ~~ 11 ..H _:,A-aJn~ .. ~,. ~ ~l [1 ~ ~ Argentina -Argentina ~ Parrillada Argentina - Grilled Imporled Argentine Sirloin Sleaks ~ EmpanadilIas - Fan-shaped Spanish Sandwich ~ :~ ~ ~ ~ ~ " I ""p." -_. ~ Paella VaJenciana - Seafood Paella ~ Ensalada Fresca - Mixed Garden Vegetable Salad :1 Chorizo Asado - Grilled Spanish Sausage ; ~ ~ ~ ~ ~ ~ ~~ ;1 ~ ij~ ........!Ia';!i.~,.. ~""'-'''-'''~llii~<IsW,,*'''''''''\,.'':;';';;~''''''''~'M,,",_''''''_'''''''''' Latin American Buffet Celebration Celebracion Latinoamericana de Sabores Cuba - Cuba Puerco Asado - Chefs Carving Slalionfeaturing Mojo Pork Loin Arroz con Polio - Chicken and Yellow Rice Frijoles Negros - Black Beans Platanos Fritos - Fried Plantains Pan Cubano - Cuban Bread Mexico ~ Mexico Ceviche -Sea Bass Tamales con Salsa de Chili - Corn Husk Wrapped Tamales Enchiladas de Polio - Chicken Enchiladas Postres - Desserts Flan - SweelFlan Flan de Coco - Coconut Flan PasteJitos de Guayava y Que Mousse de Mango - Mango- Dulce de Satata - Sweel Pol Cafe Colombiano - Colombi Te Caliente - Hol Tea ~~~c:(#L~ Pie CoffeeJUN 1 2 2:~1 ~ ~ } ! ~, ~;e!(''lX -3 Pg. ~ III e .L 'l!l:~~~~~)'Wf"_W"" LAPBA EDUCA nON FOUNDA nON - SCHOLARSHIP GALA Page 1 of 1 ) LRSPR ".-- Education Foundation,lnc. LATIN AMERICAN BUSINESS AND PROFESSIONAL ASSOCIATION P.O. Box 990724 Naples, Florida 34116 Phone: (941) 403-5550 E-mail: labpa@aol.com ~ - --.~- ~m _ _ll.-- iiiiiiiiiiiiiii E::E::: ~ ' - .-. About Us Scholarship Program Scholarship Gala Gala Sponsorship Press Releases Board of Directors Advisory Board Support Network Related Links Contact Us To Donate Home ~\l ~ c _ ----. \ jftj - ...-'=-"""""." , E::':E3:::2, I:::: - .-. Scholarship Gala The LABPA Education Foundation will hold its Annual Scholarship Fundraising Dinner Dance on Saturday, June 23, 2001 at the beautiful Hilton Naples & Towers. This year's program which we have entitled Sabor Latino (Latin Flavor) promises t be great fun. We will feature the cuisine from four different Hispanic countries namely Cuba, Argentina, Spain and Mexico. As always, dancing will take center stage and there will be a raffle complete with fabulous prizes. The guests will have the opportunity to meet current and past scholarship recipients. The Foundation provides scholarships for deserving Hispanic students. Last year with the generous support of many of our community businesses, we awarded six $500.00 scholarships to local scholars. In addition, approximately 140 people attended our gala evening and enjoyed latin cuisine, music and dancing, and we a still/talking about the great time we had! For tickets and information, please e-mail us and we will respond promptly. We 10 forward to hearing from you. ~~ JUN 1 2 Lnm PI- V http://labpa.llnet.comlgala.htm 5/29/2001 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, busmess, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations I organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Colettbereby requests that the Board of County Commissioners approve for payment by the Clerk hislher ,- attendance at the following function I event: Function I Event: Latin American Saboor Public Purpose: To further relations between the hispanic community and the commissioner: Date of Function I Event: June u..-..z.oOl Amount to be paid by the County: , $60.00--- Mileage: N/A .--.' AGEND~ ~ NO. / {g ":t= T JUN t 2 LJGl PI. ----L- -- - ~ ~, I I Latin American '5Mooor" -\!#~i,'D'!Io'lS: ~1 i ,j a Please respond by June 15, 2001 M{~J.1Mt;SIONr::7L Ji~ (!~ Ie-ira Number of adults I x $60 = $foO~--- --- l, Number of children (under 10) x $30 = $ I . Check# -h6.utuiiJy..-~~. I cannot attend but enclosed is my donation of $ ; I I ~ I ~k ;, ~~(tLdd- ~4. ~ Lirl3M e~rn~' :/ {cO, o:E---- r ~ ~ cg; JO-~~' To confirm your reservation, payment must be received by I ~ !" \1 ~ ~ t ...- !~ ~~.iMf~IIiUIiM!IJlRI ! "":e:'llillt.lI:il8lll$.i1i:>'l&lIllWl.> ili< June 15,2001. Please mailyour check with this card: LABPA Education Foundation, Inc. P,O. Box 990724, Naples, FL 34116. Please call403-5550for more information. fCO- AGENDA REM NO. / fR::ry JUN t 2 ~OO1 ~ PI. fIl ~ l. o :::.c o ~ _00 ~ ~ .0 't:l (\) ~ Q) = U ~ to -i: 15 ~ ;:l 5 co ~ s::: 0 <':l = 0-";:: '~ ~ E = ':1: ';: .:::. .~ '~ E ~~ Qi U ~ '" c;:;; I:: ] ... i'5 '" I:: ~~ '" .- ~~ ">; I:: ~c55 ~:s ~ 5 ~~ ~~ .;;: ... tJ <::I 11 '" I:: .:: ,:> 'C' u , bll", "'-<~ .5 C':3;.a ~ ~ ~ ~'E E ;~UJ co ,: :: u bll .. ~ < I:: .~ -l ~ Q., c <Y ~ bo '" ;;: ;:, ti .~ ~- 1::0::: c " .~~ c;:;;~ i:! ~'"l:l ., .~ t5S~~ t::I ~.l:ll 00,..; <u t.Jlj':;~<is ~~ ~ .~ 5 ~uQ:l~-g U ' I I U I ~ ~ ~ I o 0 -.. .":: 0 -gO-~tt~ VJ ~ z. ..c <8"'0:: 8N.!!1aU ~ e :~ ~ a .gg:<~o:O- a . .. .Q = U ] c55 ~ ~ ~ ~ ~:: ~~J5 ~~~ "-l ~ ~Q~ <S'"l:l'"l:l ~ ~ ~ ";~~ '" , ia ~ ~ "g ~] .!!t.I.<: > ~ 2 ce 12 'C t::=~o "; ~ ti3 U ~ . co IC co Q, .. ~ ..., ~ <::I l: f2 '"l:l '" ~ "" ~ "" <3 ~] :t:~ ~~ lJ '" 'lj :: v :.c~ UlJ u , -0 0 .,,,,- ~.!!:. ~ 't:l ~ ~ <::1",-0 Jj 0 ~ , U-o ~~~ ~ u ce ..c .::;:";; E g H u '" LJ.I ~Uf- , '" <.I ';:; U ::; ~ ~ - o o C"l r<) C"l (\) 5 -, LJ.I r- <: Cl ~ <:u "'- -c ':::l "'- '8 ;:. ':::l ~ J;:! lo.. ':::l ~ ..... <:u "'- ':::l ;:. '-" rJ). ~ ~ ~ o E-< Cl?j~ rJ).~ ~ ..... r<) S:~S;8 -<..... 7 0\ z~~~ Zf-~~ o . <117 ~z(\)~ ~ ~ ]<:; --zO\ Q::Vl '-" E; 0.. o C? \0 ~ :2 ~ -l <: > ~ ~ z o r:: <: u o ~ v '0 ::l '0 c ..... lo.. <:u =: =: ~ - ~ ~ ~ =: ~ I..l .... lo.. <:u =: ~ =: .... - ~ ~ - .~ Cl) c '2 v > v v ..c: - 4-< o - c (\) 8 v - 'u :>< (l) (\) ..c: f- ::: '" ,. c '" ... ~ '" ..., '" '" G ~ ;:! '" """''''~ 0~~t.J ICe ::: I::~~~] <::I =' &, C l: li: 0' s:: r:: ~ ->>~"'c<::l ~t'>S<~u~ c~,~ If.,:; is ;;a.... 0 I 0 C ~t.J~~51a:t: r:::'o~1Si51 8u"''''Eu ~o"OUc:Doc ~u~~~o~ V:!u:::U"lvuc:G t:1"'C"i)~~~U l6lacU:;o=,m-u ~r:;:G:ci'::2:C1Uf- Cl , .. u .;; '" ~ ~ .... I..l =: ~ q ~ =: ~ ~ ~ ~ ~ ..~ =: 'lU lo.. ~ .s. -=:: i::: ~ as ~~ ,.~ ~ ~ ~ ~ = :~OJ) ""~ ~ ~ 5 = ~ ... c. :::cS.c ~ .~.! ... Ii _~ 0 ~ - 5 ~ ~.s ~ AGENDA ITEM NO. -/ W_'j' J:":N 1 2 2001 J Pe._ ,~..,.'._- BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 12, 2001 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. May 2,2001 through May 8, 2001 2. May 9,2001 through May 15,2001 3. May 16, 2001 through May 22, 2001 B. Districts: 1. Collier Soil and Water Conservation District - Agenda for May 2, 2001 and March 21,2001 and Minutes of March 21,2001 and February 15, 2001 2. Lely Community Development District - Management Letter, Financial Statements - September 30, 2000 and Local Government Annual Financial Report 3. East Naples Fire Control And Rescue District - Audited Financial Statements - September 30, 2000 and Management Letter 4. Mediterra South Community Development District - Minutes of Meeting held February 28, 2001 approved at March 28,2001 meeting and Financial Statements - Unaudited January 31, 2001 5. Heritage Greens Community Development District - Agenda for and Minutes of January 8,2001 meeting 6. Naples Heritage Community Development District - Minutes of March 12,2001 meeting and Financial Statements - February 28,2001 - Unaudited 7. Key Marco Community Development District - Financial Statements - Unaudited - July 31, 2000 and Minutes of Meeting held September 6, 2000 and Notice of Scheduled Meetings N~?i~~r\TEM ---. H:Data/Format JUN 1 2 2001 I Pg. .,..- 8. Pelican Marsh Community Development District - Financial Statements - September 30,2000 and Annual Financial Report and Management Letting included in the audited financial statements C, Minutes: 1. Pelican Bay MSTBU Advisory Committee - Agenda for May 2,2001, Clam Bay Restoration Program Information, Applicant Resumes, Budget- In-Brief Fiscal Year 2002 and Proposed Budget Fiscal Year 2002 and Minutes of March 7, 2001 2. Collier County Airport Authority - Agenda for May 14, 2001 3. Environmental Advisory Council - Agenda for May 2, 2001 and Minutes of April 4, 2001 4. Collier County Library Advisory Board - Agenda for April 25, 2001 and Minutes of March 28, 2001 5. Developmental Services Advisory Committee - Agenda for May 02, 2001 and Minutes of April 4, 2001 6. Hispanic Affairs Advisory Board - Minutes of March 22,2001 and Agenda for Wednesday, May 23,2001 7. Rural Fringe Area Assessment Oversight Committee - Agenda for May 23,2001 AGENDA ITEM No.~~2-,-,," JU",2 - H:DataJF ormat ~g,~_b- - - EXECUTIVE SUMMARY TO PRESENT TO THE BOARD OF COUNTY COMMISSIONERS THE STATE REVENUE SHARING APPLICATION FOR FISCAL YEAR 2001-2002 AND TO OBTAIN APPROVAL FOR THE CHAIRMAN TO SIGN THE APPLICATION. OBJECTIVE: To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 2001-2002 and to obtain approval for the Chairnlan to sign the application. CONSIDERATIONS: Each unit of local government is required to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act. The application requires the signatures of the Law Enforcement Official, Fire Official, Chief Fiscal Officer and Chairman of the Governing Body. This application must be submitted annually by June 30. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Proper submittal of the application will enable the County to continue to receive funds under the State Revenue Sharing Act. RECOMMENDATION: That the Board of County Commissioners approves the application and authorizes the Chairman to sign on behalf of the County. Prepared By: Date: s-/2~/J,()()/ ek M. J ohnssen, CPA eneral Accounting Manager Reviewed By: J es L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Date: S-/;.y ~ I ... " ---. ~~ENJ~ I~/ JUN 1 2 2001 Pg. / MAY-23-2001 11:56 REFUNDS & DIS. / DOR 850 921 1171 P.03 DA.7002,e R. 04:0' ~ -- DEPARTMENT OF REVENUE Application For Revenue Sharing 2001-2002 State Fiscal Year (Chapter 218, Part II Florida Statutes) Application must be received by the Department of Revenue prior to June 30 preceding the beginning of the state fiscal year 2001-2002 Please TYPE or PAINT all entries except those requiring a signature. Part One Name of County Co 11 i er OR Name of Municipality County Telephone Number 941 ) 774-8404 ) 774-6175i Fax Telephone Number 941 Mayor or Chairman of Govorning Body James 0 _ Carter, Ph. D _, Chairman Chid Fiscal Officer Dwi ght E. Brock, Cl erk of t.he Ci rClli t. Court Official Mailing Address 3301 East Tami am] ~Tr.aiL____ Naple~, Florida 3411? .- [] CIH?cfc here if the atldress represents a chan~je 1rom the previQus application, Federal Emr10yer I.D. Number (required for new participants only), Pc:: rt Two To be eligible to participate in Revenue Sharing beyond the minimum entitlement as defined in s. 218,21 CO. ES.. for any fiscal year, a unit of local government is required to havG fulfilled certain requirements set forth in !), 218.23, F.S,. including certification requirements. Signatures by tne appropriate official in the signature blocks, where applicable. shall constitut(~ fulfillrnel1L of tilE: c:ertific'=ltiO,1 roquil OnlCI Its set turti., in $,21823, r.s. ConsiS1ent with the requirements of s. 218.23, F.S., has the applicant: Note: If a financial audit was required, report on the most recently completed audit period: Fiscal year ending 09/30/99 will be sufficient for this purpose. 1, Reported its finances for its most recently compleWd fiscal year to the Department of Banking and Finance, pursuant to s. 218.32, FS.? [i]Yes DNo 2. Made provisions for annual postaudits of its finElncial i'lCcoLlnts in accordance with s, 11.45, ES.? r--. CiJ Yes DNo January 19, 2001 Date of AlJdit Report ~~ENr~IT~ ( JUN 1 2 2001 Pg. 2- MAY-23-2001 11:55 REFUNDS & DIS. / DOR 850 921 1171 P.04 DR-70021S Fl. 04(01 Page 2 3. Levied, as shown on its most recent financial report, pursuant to s. 218.32, F.S., ad valorem taxes. exclus: of taxes levied for debt service or other special milfages authorized by the volers, to produce the revenue equivalent to a millage rate of three (3) mills on the dollar based on the 1973 taxable values as certified by Ine property appraiser, pursuant to s. 193.122 (2), F.S., [i] Yes DNo OR, in order 10 produce revenue equivalent to that which would otl1elWise be produced by such a three (3) mill ad valorem tax: (A) to have received a remittance from lhe county pursuant to s, , 25.01 (6) (a) ,F.S:; (B) collected an occupational license tax; . ,. (C) collected a utility tax; (0) levied an ad valorem tax; (E) received revenue from any combination of these four sources? DYes DNo 4, Certitied that: (A) Law enforcement officer~, as defined in s. 943,10(1), F.S,. employed by this Unit meet the qualifications for employrnent as established by the Criminal Justice Standards and Training Commission? wYes DNo (8) l-hp. salary structure and salar~1 plans tor law enforcement officers meet tile provisions of Chapter 943, FS.? [Xl Yes DNO (C) All law enforcement officers, as defined in s. 943,10(1), F.S" are compensated o.t eln ?nnuar salary rate of six thou::and dollars ($6,000) or more? wYes D No [If the answer to (C) above is (NO), I1lease stale in an addendum to this application any reason YOll may have for waiver 01 such requirement (one of which must be that you are levying ten (10) mills of ad valor 'es , ~ App,op'i." '-'W E " .m~'~~ Dete: - 2~ /viii 1 0 I o [If you have: no police d-epa . etc., please check the block to the JeH side.) AGEN7A IT~ No. (j I I , JUN 1 2 2001 Pg. !J l MAY-23-2001 11:56 REFUNDS & DIS. / DOR 850 921 1171 P.05 .....11-' '""''''''' I'" R.04!01 Page 3 -.. ~ 5. Certified that persons in its employ as firefighters, as defined in s, 633.30(1), F.S.. meet the qualification for employment as established by the Division of State Fire Marshal pursuant to the provisions of 55. 633.34 and 633.35, F.S., and that the provisions of s. 633.382, F.S. are met? [i] Yes DNo Addit. :>nally, please answer the following: (A) Does the addressed unit of government employ any full-time firefighters which currently possess either a bachelor's degree or associate degree from a college or university which is applicable to fire department duties, provided that degree is not required for their current position? DYes wNo (6) If so, are these firefighters currently receiving supplemental compensation for those degrees? DYes. DNO [i] Does Not Apply Signed: ~~ Date: &12.5/6) ( Appropriate Fire Official D [If you have no fire department or if you have a strictly volunteer fire department, etc_. please check the box to the left side.] 6. Certified thai each depencJ~nt special district that is budgeted separately from the gener2.1 budget of the local governing a~Jtho(ity has met the provisions for annual postaudit of its financial accounts in accordance with the proviSions of s, 11.45(3), r-.S.? Signed: CiJ Yes [J Nu Q Jf'?';E,~_ crJ: Fiscal Official D nOeS Not Apply Date: ./ / s-;.~~/ b I / / 7. Certified to the Department of Revenue that The requirements of s. 200,065, F.S" if applicable, were met? (The certification shall be made annually.within 30 days of adoption of an ordinance or resolution establishing a final property tax levy or, if no property tax is levied, not later than November 1. The portion of revenue sharing funds which, pursuant to this part, would otherwise be distributed to a unit of local government which has not eer tified compliance or has otherwise ffJiled to meet the requirements of s. 200,065. F,S., shall be deposited in the General Revenue Fund tor the 12 months following a determimltion of noncompliance by the department. ) ,...- Signed:.JM..~' ~' ~OQ~)O}O(1)eXl1 Director of Management and Budget ate; S--2. Lf --0/ AGENDA ITEM No. I V K::::.. I JUN 1 2 2001 Pg._ 4f MAY-23-2001 11:57 REFUNDS & DIS. / DOR 850 921 1171 P.05 OR-70021l A,04fO. Page' Part Three I hereby certify that all of the foregoing information is accurate and trLle to the best of my knowledge. I further cerlify tfIat I will promptly report to the Department 01 Revenue any changes in the above information. I also realize that failure to provide timely information required, pursuant to the administration of this Act shall, by such action. authorize the Department 10 utilize the best information available or, H no such information is available, to take necessary action including DISQUALIFICATION, EITHER PARTIAL OR ENTIRE, and shall further, by such action, waive any right to challenge the determination of the Department to its s~lare 01 funds, if any, beyond its minimum entitlement. pursuant to the privilege of receiving shared revenues from the Revenue Sharing Trust Funds. Do you believe that you have complied with ALL eligibility requirements as sel forth above? [[) Yes DNa If the answer to th~ above question is (N~, please 'provide as'an attachrtImt to this form the amount of revenue necessary to meet YOlJr obligations as a result of pledges or assignments or trusts entered into which obligated funds received from revenue sharing, S;gned Cj;j,,-# f; .~~j. ( Chie: FI:>cal Official ____ Signed: . _____ Date: / S-:' _/ , ,;:2;:J./ 6 J / Date: Mayor or CtlCllrrnan of Govarning l30tly Mail completed original application to address sho.cvn below. DEPARTMENT OF f-l[:VENUE REVENUE ACCOUNTING SUBPROCESS PO BOX 6609 TALLAHASSEE I-L 328!=l9-6609 ~ +:)adse.J lvlieL pUt? uno~ Approved for form and legal sufficiency with respect to Collier County e luno:> ...la~lloJ ~ ~ ~ ,('::>ua p ~ JJns ~ · _ ...._~ OJ OJ pai\O.1ddlid. ~..count.1 ~ t ftQl AGENDI).IT~~ I No. I Ie IS... / f JUN~1 2 2001. . pg._r _ L_". t.....,J'" EXECUTIVE SUMMARY AGREEMENTS WITH FORD MOTOR COMPANY AND COLLIER COUNTY VETERANS COUNCIL, INC. FOR VETERANS TRANSPORT A TION SERVICES ------------------------------------------------------------------------------------------.----------------- OBJECTIVE: For the Board of County Commissioners to consider approval of agreements with Ford Motor Company and the Veterans Council for a vehicle to transport Collier County Veterans, CONSIDERATIONS: In 1998, the Board of County Commissioners (Board) approved agreements with Ford Motor Company (Ford) and the Collier County Veterans Council, Inc. (Council) to provide a vehicle for transportation services for the more than 23,000 veterans residing in the Collier County area. Under said agreements, Ford provides a van on loan to the County and the Council assists with administering the van transportation program and by providing a corps of volunteer drivers, The program has been considered -- a success by everyone involved. The 1998 agreement is for a 1999 vehicle which has been returned. Approval of the attached agreements with Ford will result in the Veterans Transportation Services having a 2001 vehicle loaned by Ford until April 18, 2004, Exhibit" A" is the standard Ford Equipment Loan and Evaluation Agreement. Ford has asked the County not to make any changes in this document. Rather, as in the past, Ford prefers that any County requested changes be pursuant to an amendment. Said amendment is attached as Exhibit "B". The amendment provides some clarifications which are necessary for the County regarding the proper identification, by name, of the Board as well as referring to limitations in Florida law regarding indemnification and public records and County insurance requirements. Exhibit "C" is the new agreement between the County and the Council. GROWTH MANAGEMENT AND IMPACT: None. FISCAL IMPACT: $10,100 per year. Funds are available in the Veteran's Services Budget, for motor pool and insurance charges. ---- RECOMMENDA TION: That the Board approve the attached agreements with Ford and the Council for a van to be loaned to the County by Ford to be used in the Veteran Transportation Services. Further, that the Board authorize the Chairman to sign the attached Ford agreement and amendment, as well as the Council agreemen AGE A IT,M NO.~ JUN 1 2 2001 1 Pg, --- Prepared by: cJZ-, l ~~ Ramiro Mafialich Chief Assistant County Attorney Reviewed and Approved by: ~~ Peter Kraley, Dir or Veterans Services Reviewed and~ ~t. . . David C. Weigel County Attorney HlRamirolExecutive Summary/Ford Motor Company Date: Date: ~ -I - 0 ( C,-<:>I-OI Date: 2 " / IH .I {}-f AGE A ITE~ NO'--l0 LA JUN 1 2 2001 C3- Pg. EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 248 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOSE ALVARADO, ET AL., (GOLDEN GATE BOULEV ARD, PROJECT NO. 63041) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 248 for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Jose Alvarado, et ai., Case No. 00-1399-CA. CONSIDERA TIONS: On July 7, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project (Project No. 63041). On July 21,2000, Collier County deposited with the Registry of the Court the sum of $600.00 for Parcel 248 in accordance with the Order of Taking. - Through negotiations, the parties have reached a settlement agreement whereby the property owners, Brian C. Smith and Doreen Smith f/k/a Doreen Pulis, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-287). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "I"). The Stipulated Final Judgment provides for $850.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcel 248. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $250.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. m\ FISCAL IMPACT: Funds in the amount of $250.00 are available from Impact Fees District 6. \ 10' Source of funds are impact fees. ., GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDA TION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and ,,--.. 3. direct staff to deposit the sum of $250.00 into the Registry of the ( ou~~t&-~ ') JUN 1 2 200t Pg. -L- 1 .- SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: J1<~ J-,~ Heidi F. Ashton Assistant County Attorney ~~ A. N. Korti, Project Manager Transportation! ECM k~,-\-Q~zI.9 ~ 0 Mitch Riley, P.E., Sr. Project Manager Transportation! ECM );r~ 14'2~ Steve Miller, P.E., Director Transportation! ECM No Feder, Administrator Tr. nsportation Division ( L~{'.62, ~, David C. WeIgel County Attorney h:Lit\EmDom\Alvarado\ExSum-SFJ 248 r_., 2 Date: Date: 5' J 2-'1/0 I 5"/2-I/tJ( Date: :3>-' )7-(/ 0 t Date: ej/Z.i/O I Date: S/Lf;/o (- I Date: 4"/~/47 A~p~-,TW. NO.~ JUN 1 2 2001 Pg. ~ '" COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, IN THE ~IRCUIT.COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION (C~,. '.-.. . ..---.-.. '.". ,\\, F.FJ.... \r' .. "' 'J'I:::' _._/' \U' \., " " / "..// 'J '-- '~ w Petitioner, CASE NO. 00-1399-CA vs. PARCEL: 248 JOSE ALVARADO, et aI., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, BRlAN C. SMITH and DOREEN SMITH fIkIa Doreen Pulis, for entry of a Stipulated Final Judgment as to Parcel No, 248, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, BRIAN C, SMITH and DOREEN SMITH f7k/a Doreen Pulis, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, BRIAN C. SMITH and DOREEN SMITH flk/a Doreen Pulis, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eight Hundred Fifty and No/tOO Dollars ($850.00) for Parcel No. 248 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that no attorney fees or other costs shall be awarded in connect" cause of action as it relates to Parcel No. 248; and it is further JUN 1 2 2001 3 ORDERED ~~t Petitioner shall deposit an additional Two Hundred Fifty and No/IOO Dollars .- ($250.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; and it is further ORDERED that the sum of Eight Hundred Fifty and No/IOO ($850.00) shall be disbursed to Perez, Goran & Rodriguez, P,A Trust Account, c/o Javier J. Rodriguez, Perez, Goran & Rodriguez, P,A, 1320 South Dixie Highway, Suite 1000, Coral Gables, Florida 33146, for the benefit of Respondent Countrywide Home Loans, Inc" the first mortgagee, ORDERED that the sum shall first be used to pay-off any delinquencies in the mortgage held by Respondent Countrywide Homes Loans, Inc. and then applied to the principal. ORDERED that title to Parcel No, 248, road right-of-way, drainage, sidewalk, utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated July 7, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2667, Page 3074 of the Public Records of Collier County, Florida be dismissed as to Parcel No, 248; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2000, Hugh D. Hayes Circuit Court Judge ~ conformed copies to: Heidi F. Ashton, Assistant County Attorney Brian and Doreen Smith AmSouth Bank Infinity Insurance Co, alslo Todd Woods Javier J, Rodriguez, Esq. Collier County Tax Collector AGENDA..I:rD1~, NO. t,~ JUN 1 2 2001. PI. !l 2 JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 248, Dated: S I I '-I J 0 f ~rL J- ~ HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 81h Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner Dated: If /23 jOl ~U. DOREEN SMITH f7k1a Doreen Pulis 100 15th Street SW Naples, Florida 34120 .., .) ~~~-, JUN 1 2 2001 Pg. S OFFICE OF,CAPITALPROJECTS 3301 EASTTAMIAMITRAIL NAPLES, FLORIDA3~112 .I (941) 774.0192 . -..T-.---~ I:~_O~ R\~~ :~~EN~_-= L_____ __C_~XIS~~~IGHT OF WAY LINE 17".-"-'. - - - - - - - - - - - - --- /: . ' I I I , ! ! I , , ,I ~. Ill' hil u. . ~' .,,1 ~! I ! , I. I . I' ! .....- ~.I 25 FOOT ROAD RIGHT OF ~ DRAINAGE, SIDEWALK, UTlLlT , & MAINTENANCE EASEMENT WEn rnorEnN UIl!--.... /:-. '/' DESCRIPTION: SKETCH OF DESCRIPTION (NOT A SURVEY) PROJECT NO, 6304' PROJECT PARCEL NO, 240 Rlkfo:U'.3'7oll~ \. EXHIBIT "flU (100' R,O,W.) GOLDEN GATE BOULEVARD HORllI pnOP~RN LtII! III ~!ii hi ,.. t:1lil to ~~t ffiUI~ !;i!: ~~oo I 200 TRACT 1 0 ....- EAST 'ROPERTY l1f e ~ ~ C"l - :z .:::> -, TUE BOUTII25 FEET OF TUE NOnTll75 fEET OF WEST 105 FEET LESS THE WEST 30 FEET THEREOF, OF TRACT 10, GOLDEN GATE ESTATES UNIT NO, B. AS RECORDED IN PLAT DOOlt 4, PAOE 119, OFTIlE PUllLlC ReCORDS OF COLLIeR COUNTY, FLORIDA, DMWIl OY CIIECKED OY IlCN.E 1'.11)(1' Prepared by~iLf!4 George R, ~~nd P,L.S, #/2406 Pulllic Works Engineering Dcpl. 3301 Tamlaml Trall East Naples, FL 34112 ' '. DhlE FilE NO, JULY 20, lDDB GOD24B SHEET 1 OF 1 EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance educational and social services facilities for Redlands Christian Migrant Association. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Industrial Development Authority to be used to finance educational and social services facilities for Redlands Christian Migrant Association. CONSIDERATIONS: The Industrial Development Authority has been requested by Redlands Christian Migrant Association to issue its bonds to finance certain educational and social services facilities. The Project includes the construction of a 41,000 square foot building which will house the existing Charter School and permit its expansion to serve 120 children, The facility will also house a pre- school for 40 children, the Immokalee after-school program, and offices and related administrative space. It will also provide space for community social services such as a Center for Abused Women and contain an auditorium for 200 persons that will serve as a community resource, The facility is ~ to be located on property currently being used for these purposes at 402 West Main Street, Immokalee,. The Authority met on June 6,2001 and heard presentations from Redlands Christian Migrant Association officials. The meeting was noticed by publication in the Naples Daily News, and any comments of members of the public were considered, At the conclusion of the public hearing, the Authority determined to proceed with the financing, which involves the issuance of Bonds, secured by a pledge of revenues ofthe Project and backed by a Letter of Credit to be issued by Bank of America, which will give the Bonds and investment grade rating.. Federal tax law requires two approvals for the issuance of the bonds, First, the Authority must hold a public hearing, and must adopt a resolution in favor of issuing the bonds, This was done at the conclusion of its public hearing on June 6, 2001. Following this approval, the governing body ofthe jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting, A Resolution for the Board to adopt is attached. /"'""" As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower (RCMA). Neither the County, the Board, nor any officer ofthe County is liable for their payment. Further, the Resolution expressly provides that this ~g~~9:1m\ JUN 1 2 2001 , C:\WINDOWSlDesktopIIDA RCMAlExecSumm.wpd Pg. .- approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMP ACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The undersigned has discussed this issue with the County's Financial Advisor with respect to potential impacts on the issuance of bank-qualified debt in 200 1. We are advised that the County does not anticipate the issuance of any bank-qualified debt in 2001, and therefore the issuance of these bonds will have no impact. Note that the issuance of these bonds will have no impact on any other bonding programs of the County. GROWTH MANAGEMENT IMP ACT: The adoption of the attached resolution will have no adverse growth management consequences, The facilities are being constructed in accordance with all County growth management regulations, and are subject to the LDC, the Growth Management Plan, concurrency requirements, and the payment of impact fees, RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Donald A. Plckwo h, Counsel Collier County Industrial Development Authority Approved by: .- AGENDA ITEtv1, NO. I~ (t.).l?J JUN 1 2 2001 Pg. d.. -2- RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE OF REVENUE BONDS IN AN AMOUNT NOT EXCEED $4,500,000 BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. WHEREAS, on June 6, 2001 a public hearing was held by the Collier County Industrial Development Authority (the" Authority") with regard to the issuance of the Authority's Variable Rate Demand Revenue Bonds (Redlands Christian Migrant Association, Inc. Project) Series 2001 in an aggregate principal amount not to exceed $4,500,000 (the "Bonds"); and WHEREAS, at the conclusion of said hearing the Authority adopted its Resolution 2001- 01 approving the issuance of the Bonds, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to Redlands Christian Migrant Association, Inc. (the "Borrower") to finance the cost of acquisition, construction and equipping of educational and social service center facilities located at 402 West Main Street, Immokalee, Florida, within Collier County, Florida and to pay the costs of issuance of the Bonds (all of the property financed and refinanced with proceeds of the Bonds being owned and operated by the Borrower); and WHEREAS, the Bonds will not be an obligation of the County, and will be payable solely from funds of the Borrower; and WHEREAS, pursuant to the requirements of the Internal Revenue Code of 1986, as amended (the "Code"), as a prerequisite to the issuance of the Bonds, it is necessary that the Board of County Commissioners of Collier County, Florida approve the issuance thereof after said public hearing; and WHEREAS, the Board of County Commissioners desires to evidence approval of the issuance of the Bonds solely to satisfy the requirements of the Code. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida that: Section 1. The Board of County Commissioners hereby approves the issuance 0 Bonds solely for purposes of Section 147(f) of the Code. - c;:) c;:) C"ol C"ol(Y) - . Section 2. The Bonds shall not constitute a debt, liability or obligation of Co County, Florida, its Board of County Commissioners, or any officers, agents or emplo ~ thereof, or of the State of Florida or any political subdivision thereof, but shall be payable s 6'. ~ from the revenues provided therefor, and neither the faith and credit nor any taxing pow ~~ -, Collier County, Florida, the State of Florida or any political subdivision thereof is pledge to payment of the principal of, premium, if any, and interest on the Bonds, No member 0 t e oD Q.. Board of County Commissioners of Collier County, Florida or any officer, agent or employee thereof shall be liable personally on the Bonds by reason oftheir issuance. Section 3. This approval shall in no way be deemed to abrogate any regulations of Collier County, Florida, and any and all projects contemplated to be financed with the Bonds shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, the Collier County Land Development Code, and all applicable impact fee regulations. Section 4. If any Section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such Section, paragraph, clause or provision. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED and Adopted this 12th day ofJune, 2001. ATTEST: Dwight E, Brock, Clerk COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk James D. Carter, Ph.D., Chairman [SEAL] Approved as to form and legal sufficiency: AGEN~~TE~ NO. I '" L.) ) JUN 1 2 2001 Pg. ---=L- ..,.-. Execution Copy RESOLUTION 2001-01 A RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE ISSUANCE OF ITS NOT TO EXCEED $4,500,000 VARIABLE RA TE DEMAND REVENUE BONDS (RED LANDS CHRISTIAN MIGRANT ASSOCIATION, INC. PROJECT), SERIES 2001 FOR THE PURPOSES OF FINANCING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING AND EQUIPPING EDUCATIONAL AND SOCIAL SERVICE CENTER FACILITIES TO BE OWNED AND OPERA TED BY REDLANDS CHRISTIAN MIGRANT ASSOCIATION, INC.; AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORANDUM OF AGREEMENT BY AND BETWEEN THE AUTHORITY AND THE CORPORATION; AND PROVIDING FOR RELATED MATTERS. WHEREAS, Redlands Christian Migrant Association, Inc., a Florida not-for-profit corporation (the "Corporation"), has applied to the Collier County Industrial Development Authority (the "Authority"), to issue its private activity revenue bonds in the initial aggregate principal amount of not to exceed $4,500,000 in one or more series (the "Bonds") for the principal purpose of financing certain costs of acquisition, construction and equipping of certain educational and social service facilities (the "Project") to be owned and operated by the Corporation; and, WHEREAS, the Corporation has requested that the Authority loan the proceeds of the Bonds to the Corporation pursuant to Chapter 159, Parts II and III, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing; and WHEREAS, on June 6, 2001 the Issuer conducted a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, with respect to the issuance of the aforementioned bonds; and WHEREAS, the issuance of the Bonds under the Act in one or more issues or Series in such amounts of tax-exempt and/or taxable bonds not exceeding an aggregate principal amount of $4,500,000 and the loaning of the proceeds thereof to the Corporation to finance a portion of the costs ofthe Project under a loan agreement or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Corporation and promote the public purposes provided in the Act; and EXHIBIT A TO Bee RESOLUTION ~~~~?Ire ~ JUN 1 2 2001 Pg S- . -- WHEREAS, the Corporation has submitted a Memorandum of Agreement (the "Memorandum of Agreement") relating to the issuance of the Bonds and the payment of costs and expenses of issuance; and WHEREAS, in order to satisfy certain ofthe requirements of Section I 47(f) ofthe Internal Revenue Code of1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provides a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of such Bonds and the location and nature of the Project, as more particularly described in the notice of public hearing attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Corporation; NOW, THEREFORE, IT IS DETERMINED AND RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution, hereinafter called "Resolution" is adopted pursuant to the provisions of the Act and other applicable provisions oflaw. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Corporation to proceed with the financing and refinancing of a portion ofthe costs of the Project and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available to finance and refinance a portion of the costs of the Project, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida, including the Internal Revenue Code of 1986, as amended and this Resolution, but subject in all respects to the terms of the Memorandum of Agreement hereinafter referred to. SECTION 3. APPROVAL OF THE FINANCING. The financing of a portion of the costs of the Project by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Corporation meeting the conditions set forth in the Memorandum of Agreement to the sole satisfaction of the Authority. SECTION 4. EXECUTION AND DELIVERY OF MEMORANDUM OF AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to execute, for and on behalf of the Authority, the Memorandum of Agreement between the Authority and the Corporation providing understandings relative to the proposed issuance of the Bonds by the ~~~rt ~~~ JUN 1 2 2001 cO 2 Pg. Authority to finance a portion of the costs of the Project in an aggregate principal amount not to exceed the lesser of (a) $4,500,000 or (b) the amount determined by the Authority, the Corporation to be necessary to accomplish the foregoing. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Corporation and subject in all respects to the conditions set forth in the Memorandum of Agreement attached hereto, in one or more issues or Series of such revenue bonds in an aggregate principal amount not to exceed $4,500,000 for the principal purpose of financing a portion ofthe costs of the Project as described in the Memorandum of Agreement. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Memorandum of Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Memorandum of Agreement authorized hereby. SECTION 7. OFFICIAL ACTION. This resolution is an Official Action of the Authority toward the issuance of the Bonds, as contemplated in the Memorandum of Agreement, in accordance with the purposes of the laws of the state of Florida and the applicable United States Treasury Regulations. SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the state of Florida or any political subdivision or agency thereofbut shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority, the Corporation prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval of any necessary rezoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right of Collier County or to have estopped Collier County from asserting any rights or responsibilities it may have in that regard. ~~~PJ~ JUN 1 2 2001 Pg. 7 3 /"'---. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 6th day of June, 2001. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY /s/ Chairman AGENDA flEM NO. Iii, (L.) (~ JUN 1 2 2001 Pg. 55 4 Notice of Special Meeting and Public Hearing Notice is hereby given that the Collier County Industrial Development Authority (the "Authority") will conduct a special meeting and public hearing on June 6, 2001 at 8:30 a.m. in the Economic Development Council of Collier County Conference Room, 3050 North Horseshoe Drive, Suite 120, Naples, Florida, 34104 for the purpose of receiving public comments concerning the proposed issuance of the Authority's Variable Rate Demand Revenue Bonds (Redlands Christian Migrant Association, Inc. Project), Series 2001 in an amount not to exceed $4,500,000 for the purpose of making a loan to Redlands Christian Migrant Association, Inc. ("RCMA"), as Initial Owner, to be used to finance the acquisition, construction, and equipping of certain educational and community facilities (the Project"). The Project consists of the construction of a concrete block building of approximately 41,000 square feet, to house several programs run by RCMA including a Charter School for 120 children, a preschool for 40 children, the Immokalee after school program, offices for RCMA staff, and community social services such as a Center for Abused Women. In addition, the facility will have an auditorium for 200 persons that will serve as a community resource. The Project Location is 402 West Main Street, Immokalee, Florida and is wholly within Collier County. The Initial Owner and the Initial Operator will be Redlands Christian Migrant Association, Inc., a Florida nonprofit corporation All interested persons are invited to submit written comments or attend the hearing, either personally or through their representative, and will be given an opportunity to express their views concerning the projects or the financing. Anyone desiring to make written comments in advance of the hearing may send such comments to: Collier County Industrial Development Authority c/o Economic Development Council 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 Written comments received in advance of the hearing and oral comments made at the hearing are for the consideration of the Authority and will not bind the Authority. Copies of the applications for financing are available for inspection and copying at the office of the Authority set forth above. SHOULD ANY PERSON DECIDE TO APPEAL ANY DECISION MADE BY THE AUTHORITY WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR THAT PURPOSE, SUCH PERSON MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE P NO. \ (., '14~3; JUN 1 2 2001 q EXHIBIT A TO AUTHORITY RESOLUTION Pg. ~. TO BE BASED. In accordance with the Americans with Disabilities Act, persons needing a special accommodation to participate in this hearing should contact Donald A. Pickworth, General Counsel, at (941) 263-8060 no later than seven (7) days prior to the hearing. This notice is given pursuant to Section 147(f) of the Internal Revenue Code, as amended. Is/Donald A. Pickworth Assistant Secretary and General Counsel ..- ~~?,A~~ JUN 1 2 2001 iO Pg. "~ DONALD A. PICKWORTH, EA. ATTORNEY AT LAW SUITE 602 NEWGATE TOWER 5150 NORTH TAMIAMI TRAIL NAPLES, FLORIDA 34103 ~..", 'h~.:...:.;J FAX (~iiil) (941) 263 - 8060 May 31, 2001 David C, Weigel, Esquire Collier County Attorney Collier County CourthouselBldg F Naples, FL 34112 Re: June 12, 2001 Agenda Dear David: In accordance with our previous discussion, I am enclosing the following documents for inclusion in the June 12,2001 Agenda: 1, Executive Summary relating to approval of Industrial Development Authority Bonds for educational and social service facilities owned and operated by RCMA, 2. Resolution to be adopted by the Board of County Commissioners at the Board meeting of June 12,2001 approving the Bonds, 3. Exhibits consisting of Affidavit of Publication for the required TEFRA hearing conducted by the Authority and the Inducement Resolution adopted by the Authority, Since we have been placing these items on the Consent Agenda recently, I would request that this also be on Consent. Thank you for your assistance in this, and if you have any questions or need further information, please contact me, ~OillS' Donald A. Pickworth Enclosures rr- o 59~H~ c_ :::n ==-:::. \1 -j (~) --"m ~O --j -n O--j ::0 -r ZPn rn -< I':;l c.) ~,~~ JUN 1 2 2001 Pg. II EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES, ATIORNEY'S FEES AND COSTS RELATIVE TO THE EASEMENT ACQUISmON OF PARCELS I05A AND IOSB IN THE LAWSUIT ENTITLED COUIER COUNTY ~ MARIANNE l BEND017', ET. AL, CASE NO. 92-2045-CA (RADIO ROAD PROJECT NO. 65831) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees., Attorney's Fees and Costs to be paid for appraisal, engineering and legal services with respect to Parcels 10SA and 10SB in the lawsuit entitled Collier County v. Marianne L Bendott, et al., Case No. 92-204S-CA (Radio Road Project). On August 5, 1992, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Radio Road project (project No. 65031), On April 19, 1992, Collier County deposited with the Registry of the Court the sum of $104,850.00 for Parcels 10SA and 10SB in accordance with the Order of Taking. ,-' On January 25, 2000, the Board of County Commissioners approved the Mediated Settlement Agreement and Stipulated Final Judgment pertaining to these parcels. In June of 2000, the Board approved attorney's fees and expert fees totaling $25,772.25 to Carroll Ayer, Esq. and his experts. Pursuant to the attached Agreed Order, the County has agreed to pay reasonable appraisal fees to Donald Muncy, P.A in the amount of $3,625.00; to pay reasonable engineering fees to Zook, Moore & Associates, Inc. in the amount of $13,896.00; and to pay reasonable attorney's fees to Ronald E. Lee, Esq. in the amount of $5,000.00 with respect to Parcels 10SA and 10SB, the terms of which are set out in the Agreed Order Awarding Expert Fees, Attorney's Fees and Costs (attached as Exhibit "I"). These experts were hired by Ronald Lee, Esq., the Bendotts' previous attorney. These expert fees are one-third to one-half of the invoiced amount. Based on our analysis of the version of Section 73.091(1) Florida Statutes which was in effect in 1992, the County is responsible for paying reasonable attorney fees and expert fees, and a court may award a higher amount to these experts than our agreed amounts. ~$CAL IMPACT: Funds in the amount ot422, 52 1. 00 are available from Road District 2 \~'futpact Fees, Source of funds are impact fees. ~ROWTH MANAG~NT IMPACT: Management Plan for cm Project No. 16. :e.ECOMMENDATION: That the Board of County Commissioners: Consistent with the Collier County Growth 1. approve the Agreed Order Awarding Expert Fees, Attorney's Fees and Costs; and ,----, 2. approve the expenditure of the funds as stated. SUBMITTED BY: ~4J. J ~ Heidi F. Ashton Date: ~~ JUN 1 2 2001 PI. i ~ .- REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: -- ~~?, 1/1'?~ .p;.-- Mitch Riley, P.E., Sr. Project Manager TransportationlECM 7:tf~ L, t;47~ Steve Miller, P.E., Director Transp ationlECM N Feder, Administrator T ansportation Division ~ .;.1 r1 Yk ~i5L David C. Weigel County Attorney h:Lit\Bendott\ExSum-greedOrderFees&Costs Date: Date: Date: s/~llpl 93//0 I sf}; Date: t, / &J / I rJ / , ,/ " ~e~~L/-) JUN 1 2 2001 Pg. ~ .')"",,,",,":0:,.'.11".),""_-' IN THE CmCUIT COURT OF THE TWENTIETH JUDICIAL CmCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, Case No, 92-2045-CA-OI v, Parcel No,: 105A and 105B MARIANNE I. BENDOTT, et aI., Respondents. / AGREED ORDER AWARDING EXPERT FEES, ATTORNEY'S FEES AND COSTS THIS CAUSE, having come before the Court upon joint motion of the parties, Petitioner, COLLIER COUNTY, and Respondents, MARIANNE I. BENDOTT and NAPLES SALVAGE, INC" for'entry of an Agreed Order Awarding Expert Fees, Attorney's Fees and Costs, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the sum of THREE THOUSAND SIX HUNDRED TWENTY-FIVE DOLLARS and NollOO ($3,625,00) for the appraisal services of DONALD MUNCY, P,A. with respect to Parcels I05A and 105B; and ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the sum of THIRTEEN THOUSAND EIGHT HUNDRED NINETY-SIX DOLLARS and NollOO ($13,896,00) for the engineering services of ZOOK, MOORE & ASSOCIATES, INC, with respect to Parcels 105A and l05B; and ~~l'Tt~) JUN 12 20U.1 PI. 3- :>,"....~- . ~~ 1 ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the sum of FIVE THOUSAND DOLLARS and NollOO ($5,000,00) in attorney fees and costs to RONALD E, LEE with respect to Parcels I 05A and I05B; and ORDERED that the County shall disburse the total amount of TWENTY-TWO THOUSAND FIVE HUNDRED TWENTY-ONE DOLLARS and No/IOO ($22,521.00) to the RONALD E, LEE TRUST ACCOUNT, c/o Ronald E, Lee, Esq" 25188 Marion Avenue, D405, Punta Gorda, Florida 33950 within 30 days of the approval of the Agreed Order by the Collier County Board of County Commissioners; and IT IS FURTHER ORDERED AND ADWDGED that this Agreed Order is subject to approval by, the Collier County Board of County Commissioners, DONE AND ORDERED in chambers at Naples, Collier County, Florida this day of , 2001. Circuit Court Judge Conformed Copies to: Heidi F, Ashton, Assistant County Attorney Ronald E, Lee, Esq, Carroll E. Ayers, Esq, ..-- AGEND~M NO. I <Dc L) t tfJ JUN 1 2 2001 Pg. 4 2 JOINT MOTION The parties, by and through their undersigned attorneys, move for entry of the foregoing Agreed Order Awarding Expert Fees, Attorney Fees and Costs, Dated: Dated: tJ-/1 2--/ (J I { I t2 /l/l ~ . ~~:~~- Ronald E. Lee, Esq, Florida Bar No. 046103 25188 Marion Ave" D405 Punta Gorda, FL 33950 (941) 833-0767 - Telephone (941) 833-0768 - Facsimile Heidi F. Ashton, Esq, Florida Bar No, 0966770 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile ~~et. rrt 'f-) JUN 1 2 2001 Pg. S 3 EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 2-T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED JUNE 5, 1986, ET. AL., CASE NO. 99-3040-CA (LIVINGSTON ROAD, PROJECT NO. 65041) OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees to be paid for appraisal servites with respect to Parcel 2- T in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al., Case No. 99-3040-CA (Livingston Road Project). On, December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road project (Project No. 65041). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of $161,950.00 for Parcel 2-T in accordance with the Order of Taking. On May 8, 2001, the Board of County Commissioners approved the Stipulated Final Judgment pertaining to this parcel. To conclude this matter, pursuant to Section 73.091(1), Florida Statutes, the County has agreed to pay reasonable appraisal fees in the amount of $9,997.50 to Charles J. Basinait, Esq., .'_. Henderson, Franklin, Starnes & Holt, P.A. with respect to ParceI2-T, the terms of which are set out in the Agreed Order Awarding Expert Fees (attached as Exhibit "1"). ~ISCAL IMPACT: Funds in the amount of $9,997.50 are available from road construction gas tax "'-~nds. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Agreed Order Awarding Expert Fees 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $9,997.50 into the Registry of the Court. SUBMITTED BY: ~/~d{ J ~ ~i F. Ashton Assistant County Attorney Date: 0/1 / {j I REVIEWED BY: r );;:tr~ t-, I~~~ rvr- Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Date: NO. 1?o'lJj~1 JUN 1 2 2001 PI.. 1-. r- - REVIEWED BY: REVIEWED BY: APPROVED BY: ~~/:n~ Steve Miller, P.E., Director TransportationJECM Feder, Administrator sportation Division ~~t.~~ David C. Weigel County Attorney h:Lit\Fassett\ExSum-2T- AgreedOrder ~ ..-...... Date: $/":J if t:> I Date: .~ /; f" / I Date: ~ /t7 I jtJ / " " ~/~A trcr(S) JUN 1 2 2001 Pg. ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA a political subdivision of the State of Florida, Petitioner, CASE NO.: 99-3040-CA vs. PARCEL: 2-T JOHN B. FASSETT, Trustee of the Anne M. Fassett Trust dated 6/5/85, et aI., Respondents. AGREED ORDER AWARDING EXPERT FEES THIS CAUSE having come before the Court upon joint motion ofthe parties, Petitioner, COLLIER COUNTY, FLORIDA, and Respondents, ROBERT W. McMICHAEL and HUD REALTY, INC., by and through their undersigned counsel, CHARLES 1. BASINAIT, ESQ., for entry of an Order Awarding Expert Fees and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, ROBERT W. McMICHAEL and HUD REALTY, INC., receive from Petitioner, COLLIER COUNTY, FLORIDA, as a reasonable appraisal fee the sum of NINE THOUSAND, NINE HUNDRED NINETY SEVEN DOLLARS and 501100 ($9,997.50) for appraisal services with respect to Parcel2-T; and ORDERED that Petitioner shall deposit Nine Thousand, Nine Hundred Ninety Seven Dollars and 50/100 ($9,997.50), subject to the approval of the Collier County Bo AGE1t~~~J Commissioners, within thirty (30) days ofthis Agreed Order Awarding Expert Fe s; lffci JUN 1 2 2001 Pg. .3 ORDERED that the Clerk of this Court shall disburse the total amount of Nine Thousand Nine Hundred Ninety Seven Dollars and 50/100 ($9,997.50), being the Respondents' reasonable appraisal fee, to Charles J. Basinait, Esquire, Henderson, Franklin, Starnes & Holt, P.A., P.O. Box 280, Fort Myers, Florida 33902-0280, for disbursement to Coastal Engineering Consultants, Inc. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2001. CIRCUIT COURT JUDGE Conformed Copies to: Heidi F. Ashton, Esq. Charles J. Basinait, Esq. ,,,-., JOINT MOTION The parties, by and through their undersigned attorneys, move for entry of the foregoing Agreed Order Awarding Expert Fees. Dated: ~ /, 7 leI Dated: CJ? '- .--=-t CHARLES . BASINAIT, ESQ. Florida B No. 357278 Henderson, Franklin, Starnes & Holt, P .A. P. O. Box 280 Fort Myers, Florida 33902-0280 (941) 334-4121 - Telephone (941) 334-4100 - Facsimile ATTORNEY FOR RESPONDENTS @ HEIDI F. ASHTON, ESQ. Florida Bar No. 0966770 Office of the County Attorney Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile ATTORNEY FOR PETITIONER ~~gtfJ~L JUN 1 2 :::1 Pg. 11.. 2 EXECUTIVE SUMMARY PE-2001-AR-467, CINDY PENNEY OF PMS, INC. OF NAPLES, REPRESENTING KREHLlNG INDUSTRIES, INC., REQUESTING A PARKING EXEMPTION FOR AN OFF-SITE PARKING FOR THE KREHLlNG INDUSTRIES SITE ON EAST WIGGINS PASS ROAD. OBJECTIVE: That the community's interests are maintained in authorization of an off-site parking in an agricultural zoning district to serve an industrial concrete plant. CONSIDERATIONS: Krehling Industries consist of building and road construction material production such as ready to use concrete, etc. The site requires 193 spaces and contains 129 spaces. The applicant is proposing to build a parking lot containing 99 spaces for the use of the employees of the company. The lot proposed for the Parking Exemption is zoned Agricultural and is currently vacant. The site would be accessed from Wiggins Pass Road. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this parking exemption will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this project. HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no surveyor Waiver of Historic and Archaeological Survey & Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the CCPC forward Petition PE-2001-AR-467 to the Board of Zoning Appeals with a recommendation for approval of the parking exemption for off- site parking for 90 spaces, subject to the stipulations in the Resolution, ,..-- AGEHDA ITEM No. \, fr ~JlJ N 1 22001 pc. / ..-. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear parking exemption petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition at its May 3,2001 meeting. The CCPC voted 6 to 0 to forward petition PE-2001-AR-467 to the BZA with a recommendation of approval. PREPARED BY: ~ ~ci,__ CHAHRAM BADAMTCHIAN, Ph,D" AICP PRINCIPAL PLANNER $/-1/01 DATE REVIEWED BY: h~~ sUSAN MURRAY, AICP INTERIM CURRENT PLANNING MANAGER ~4J/o/ DA E ~ 2'1l.wl THOMAS E. KUCK, P, E. INTERIM PLANNING SERVICES DIRECTOR .5-/S-t:J/ DATE APPROVED BY: 5" JI&,{O , JOH . DUNNUCK, III DATE INT RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR - 2 . . . , AGENDA ITEM 7-E -J MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION APRIL 13, 2001 PETITION PE-2001-AR-467 FROM: DATE: RE: OWNER/AGENT: AGENT: Cindy Penney PMS, Inc. of Naples 2335 North Tamiami Trail Naples, FL. 34103 "-"" OWNER: Krehling Industries, Inc. 1425 East Wiggins Pass Road Naples, FL. 34110 REQUESTED ACTION: The petitioner requests approval of a Parking Exemption for off-site parking for the Krehling industries on East Wiggins Pass Road. GEOGRAPHIC LOCATION: The subject property is located north of the Krehling Industries site on East Wiggins Pass Road and is further described as the West % of the Northeast ~ of Section 15, Township 48 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: Krehling Industries consists of building and road construction material production such as ready to use concrete, etc. The site requires 193 spaces and contains 129 spaces. The applicant is proposing to build a parking lot containing 99 spaces for the use of the employees of the company. ADfK)A Il'EM No.-D-fL JUN 1 22001 Pi. '- '1 ..-. ~ I .- \...... ClYOlIWV 3NUSVOO__ ~ <t 2: L&J .... - CJ) ... 00 .. I IlIC C I J'WOI ... _ / - o o N I .... L . Z o ~ ~ .... L '-" ~ I !ll II S ~ , I~I II III II " i I /" __ __...r______ L___"':"'~ QYDItNO..l.8lJNllV1 r---' Ii --* n~ i I II is - n _~__~ 1,1 n I I~~ U II Jl ~ .. ;; I ~ z ::> o () I w W ...J ;: rfIJWJM fIO\IL MS,4') 15 . ~ <t 2: Z o - ~ u o ...J I ~ ~ is i i ,I" ~ w W ...J J'UN 1 2_? p1 pt. . . . The lot proposed for the Parking Exemption is zoned Agricultural and is currently vacant. The site would be accessed from Wiggins Pass Road. J SURROUNDING LAND USE & ZONING: Existing: Vacant; zoned "A" Agricultural Surrounding: North: East: South: West: Vacant; zoned "A" Agricultural Vacant; zoned "A" Agricultural Concrete Plant, zoned "I" Industrial Mobile Home Park, Zoned "MH" GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban/Residential, as identified on the Future Land Use Map of the Growth Management Plan. Based on the above, the proposed Parking Exemption can be deemed consistent with the FLUE. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. -../ TRANSPORTATION,INFRASTRUCTURE & ENVIRONMENTAL IMPACT: This petition has been reviewed by all of the appropriate County agencies assigned jurisdictional oversight, none of which have offered any objection to the approval of this petition, subject to the stipulations contained in the Resolution. ANAL YSIS: There are twelve criteria, which must be considered for approval of a Parking Exemption. These criteria are: a. Whether the amount of off-site parking is required by Section 2.3.16 or is in excess of requirements. The petitioner is requesting 90 off-site parking spaces, which is in excess of the required parking. The site requires 193 spaces and contains 129. Therefore, 68 additional spaces are required. Staff, after site visits, recognizes that additional parking is necessary. 2 J(j N^ f 12001 PI. / -- ~ "- ~ -- ... b. The distance of the farthest parking space from the facility to be served. The proposed off-site parking is across a 50-foot right-of-way. c. If the lots are separated by a collector or arterial roadway, the safety of pedestrians. The lots are not separated by an arterial or collector roadway, the proposed off-site parking is across a 50-foot local road. d. Pedestrian and vehicular safety. Staff recommends that the petitioner stripe (or otherwise indicate) a crosswalk from the proposed off-site lot to the front of the commercial building. e. The character and quality of the neighborhood and the future development of surrounding properties. The surrounding parcels are zoned Agricultural, Industrial and Mobile Home. This parking lot will be separated from the mobile home park by a 100 wide FP&L easement. f. Potential parking problems for neighboring properties. There are no foreseen parking problems resulting from the proposed parking exemption. g. Whether the internal traffic flow is required to leave the site to reach the proposed off-site parking. The traffic flow will necessitate the cars leaving the industrial site and crossing Wiggins Pass Road to the adjacent off-site parking lot. h. Whether vehicular access shall be from or onto residential streets. Vehicular access will be from a road with abutting residential and industrial uses. i. Whether buffers adjacent to property zoned residential are 15 feet in width and include a wall in addition to required landscaping. The petitioner requests a waiver of the landscape buffer adjacent to the mobile home park. However, staff is of the opinion that a 15-foot wide type "B" ~~, ~ J U N -1 2 2001 1 3 PI. L. . . . landscaping (with 80% opacity) is required adjacent to the mobile home park will require that the applicant revise the plans to provide the required buffer. J j. Whether the off-site parking will be used for valet parking. No valet parking is proposed. k. Whether the off-site parking will be used for employee parking. The proposed off-site parking is for employee parking. I. Whether there are more viable alternatives available. Alternatives include: no change, which would leave the existing business with a parking problem. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition PE-2001-AR-467 to the Board of Zoning Appeals with a recommendation for approval of the parking exemption for off- site parking for 90 spaces, subject to the stipulations in the Resolution. PREPARED BY: ~ ~ "" ~~cl~"-- CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER .f1/7/dl DATE REVIEWED BY: ~R~ INTERIM CURRENT PLANNING MANAGER ~ 0iul_ THO AS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR Lj-/7- 0/ DATE 4-/PoAlj DATE 4 ~ JUN 1 22001 PI. ~ .-- \..- APPROVED BY: ~)A,,~ <;Iz~ ~I M. DUNNUCK, III DATE IN RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition PE -200 1-AR-467 This petition has been tentatively scheduled for June 12, 01, BZA Public Hearing. PLANNING COMMISSION: ~ .~.. -., 5 AGEHDA~ No. \1 JUN 1 22001 Pt. ? . . e RESOLUTION NO. 01-_ RELATING TO PETITION NUMBER PE-2001- AR-467 FOR A PARKING EXEMPTION ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No, 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the allowance of a parking exemption; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted board for Collier County which includes the area hereby affected, has held a public hearing after notice and has considered the advisability of a parking exemption as shown on the attached Plot Plan. Exhibit "A", in the "A" Agricultural Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.3.4.11.2,c, of the Collier County Land Development Code, for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting 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 Cindy Penney of PMS Inc., representing Krehling Industries, Inc" with respect to the property hereinafter described as: The West Yz of the Northeast Yo of Section 15, Township 48 South, Range 25 East, lying west of Atlantic Coast Line Right-of-Way, less the North 2,030 feet, Collier County, Florida. be and the same hereby is approved for a parking exemption as shown on the attached Plot Plan, Exhibit "A", of the "A" Agricultural Zoning District wherein said property is located, subject to the following condition: Free-standing parking garages are not permitted on this property. AGENDAJJF No. \1 f-t < JUN 1 22001 -1- pc. '1 BE IT RESOLVED that this Resolution relating to Petition Number PE-200I-AR-467 be recorded in the minutes of this Board, This Resolution adopted after motion, second and majority vote, Done this day of , 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES D, CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency: ~_?Y1./Jt;&4Uld:- Matjo' M, Studeni Assistant County Attorney CB/im - ~, \ A.QEM)A I1'EM No.~ JUN 1 22001 -2 - .". PI. //J _.~. ~ \I~.,.,',.- - -.. . 'f; =. - ;1: ' . -:;KINC. ,~r ~ IfEf~ I I 1 I I , , I I t,. ~I ' ~:"J. ~,F. III , 1-' ~A~~,1J I I :J.: EXIST. "r-S).. q . --I (1" SPA"". , , ......", J. P1 o~:,-. . lQ~d ~ lo"1J'1 c;) R~';I Q ~:!SI <: ~:1' lI) 11:J ....", I )>. . [~!:S:,~. e 1:l~r )o"b' ::0 'm ~lo.1 0 mrm '-'~1 )> PARKING ~ 1 " [XIST. as) I -. (8 SPA 1 0) :I q ,I r'l1 '1. ):. 'I l/): 't"1 :1 s: 1[11 1<:: l-;:j I PARKING EX/ST. s) I (4 SPACE 1 mTll I I I I 1 I I I I 1 I I e COO~ C:::l- ~_Vl 0(');--1 ~I"l c;) 1) r- ;--I .. .. I I EASEMENT EXIST. 100' FPL -';;1 = I 1 I I , I I I V)~~ ~~r" ),; ~go ['1~." r,,_.... -1r-::I) t.o~Sij ~~o "~ Vl <.n~8 c;)o r" f5 Sij ~ ~ -1 : I I II EXHIBIT "A" EXIST. R/R ROW Ol-AR-467 PE-20 II ~ -..; tI) :::I !)J~ ~(;) ~~ ~:::o Vl() PJ :t:. II J . . .- -- ~- ~ '-. ...-.=~.,- "-'..:..r'. '...- \ -( . . (/) :C ~c1z jJ~ ~~ . . I I ) --- ~ APPLICATION FOR PUBLIC HEARING FOR: PARKING EXEJlIPTION ., PE-2001-AR-467 PehtH Krehling Industries, Inc, Project # 2001030017 Comn DATE: 3/08/01 Date Petition Received: Planner Assigned: _ Chahram Badamtchian ABOVE TO BE COMPLETED BY STAFF 1. General Information --- Name of Applicant(s) _\(J e.bJ) I)C~ .r''1d US'+f I e,S I r Y1C- ' , Applicant's Mailing Address J ~ ~ 5 E \ W ~ .i ns Po. S5 Rd . City~'\e5 State FL zip3LJI10 Applicant's Telephone # SC17-31&J. Fax# 5q'7-30~0 ~ E- mail Name of Agent t.-l f\/t:'J'~ Penney Firm.P'mS J=nc'. 0-1= Ncfpies Agent's Mailing Address ~ 3 3 5 N. T (Hn i C\ m i '\ r C\) j=* 1-1 08 City~\e5 State 'Pi..- zip3LJ 103 Agent's Telephone # Y35-Q030 x5 Fax# L-I3S-qOg~ Agent's E-Mail Address: YN\S"PENNEY@ A-Ol\ com - COLLIER COUNTY COMMU1\lTY DEVELOPMENT PLANNING SERVICES/ClJRRENT PLANNIl'G 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968, ~ AGEJCA~ No.\'J ,JUN 1 2200\ PI. ~ e e e Zoning of proposed parking lot A 8 r 16-U 1+1 ) re.. Zoning of lot the Parking Exemption is proposed to serve ]:.. . ..... Type of.land use that the parking exemption is proposed to serve ~(h ft:, . Required parking for project --1.9 3 s'pnC-e s Parking Spaces Proposed Off-SiteC; q si-fe S?~c.e 5 &Xt-S+j n6 lJ Project description: (or attach separate sheet) Se.~ A++AL~1\ - ..,.,./ 1. Is the proposed parking lot separated from the permitted use by a collector or arterial roadway? NO 2. Is the proposed parking lot zoned commercial? NO 3. Does the permitted use propose to share required parking with another pennitted use? f\JO 4. Does the petitioner propose a parking reservation? NO I~-;'O-OO DATE PElrev,3120/00 :rl1r JUN 1 22001 PI. .L! PN1S, Inc. of ~4ples Project Memetge....ent Services JANUARY 8, 200 1 MR. RON NiNo ComER CoUNTY PlANNiNG SERVicES 2800 N. HORSESHOE DRiVE NApLes, FL ~41 04 RE: KREHliNG INdUSTRies PARkiNG LOT SDP DEAR RON: INcludEd iN THis PACkAGE is AN AppliCATioN FOR Off...siTE PARkiNG ANd A SDP AppliCATioN FOR THE pROposEd PARkiNG LOT. As A REQuiREMENT FOR AdMiNiSTRATivE AppROVAL of THis oFF...siTE PARkiNG, CURRENTLy 67% of THE REQuiREd PARkiNG is pRovidEd FOR ON diE LOT wiTh ThE pRiNcipAL STRUCTURE, ThE LOTS ARE UNdER ThE SAME OWNERShip, ANd THE LOTS ARE NOT SEPARATEd by AN ~RTERiAL OR COllECTOR ROAdWAY. ThE PARkiNG LOT will bE UTiliZEd FOR KREHLiNG INdUSTRiES STAff. ThE FoLLowiNG is ATTAChEd FOR YOUR REViEW: ./ ELEVEN (11) CopiES of ThE SDP AppliCATioN ./ ELEVEN (11 ) SiGNEd & SEALEd ENGiNEERiNG & LANdSCApE PlANS ./ (2) CHECks TOTALiNG $1,000 ./ FOUR (4) DRAiNAGE DESiGN CAlculATioNS ./ AddRESSiNG ChECkliST .. SiGNEd ./ AppliCATioN FOR Off..SiTE PARkiNG IF you HAVE ANY QUESTiONS OR NEEd fURTHER iNFORMATioN, pLEASE GiVE ME A CALL SiNCERELy, :h& .JUN 1 22001 PI. ./y 2H5 TAMiAMi TRAil N. _ SUiTE 408 _ NAplES FL HlO~ / (941) 4H-9080 x5 - FAX (941) 4H-9082 E-MAil: PMSPENNEY@AOI.COM . ..- ~ -~~.. .. .. .. I I I I I I I I I I I I lW1J I (S3:J'f'dS t) I DNI>llJ'f'd 1SIX3 I R'I ~I l-L.I, ~. t~ :~ ,: '" T l-L.I " e 1', ~ I (S~'f'dS B) I d 1SIX3 a ,~ DNI>lN'f'WJJjJ SC B I I ~ I Q:", fLU Cc I~~J J 'Q.. V) ,:ti VI : V) I B'=. ~I V) ..1:~ <: ,- SC'iii' <3 I;,~~ ~ .I:ll..~ ~ ,1'''':1Il . ' 'VlQ . .JoB'=.. , " \.(J r ., , . ' '- . _.(S:3:)Y~ f~ .. :' Tf ~!JNI>llJ,(d 1 .... ~, :. I; r,~ ~.~. · I: ":, 1I1III I I I }~_ I ~ ~~;i; :~~ , Il t:.._ .. . t!/t! :LSIX3 MOt! ", '-'-" ,. . t tt . t .... W ~ ~ cf ~ ~ (/) YJ '>e:( C~ Z j/ ~ Lj e~Lt) Vl~4.. ~ 0'<(0 O:::~ ~25fo) '<( :> ~~ 2::::!.... >--~ ,,~~ 25'<( (:)~ O~~ o~ . ~Q;:~ ~ <:a::i ~~ j::: Q;:O~ ~~ V) '<(LI.. e x ~l.J Lu Q..C t t I I I I I I I I ~ ~ .." .~'.. .-. -' -: ---=.~.-.- -..-. . ..:=:....;...;..-. ~ Lu~ ~UC V'li:.::::! 5<Ll:::::> L..IOlXl . . : ,-, t' . i:". 7d.:J ,DOl :LSIX3 lN3fY3S'v'3 i !j ; i ~ e AGB<<>A ITEM No.. \IA- UN 1 2 2001 pc. ~ EXECUTIVE SUMMARY APPROVE REPEAL OF COLLIER COUNTY ORDINANCE 86.40 THAT ESTABLISHED THE NORTH NAPLES ROADWAY MUNICIPAL SERVICES TAXING AND BENEFIT UNIT IN ITS ENTIRETY OBJECTIVE: To obtain Board approval for the repeal of the ordinance that established the North Naples Roadway Municipal Services Taxing and Benefit Unit. CONSIDERA TION: The Office of Management and Budget is in the process of having old Municipal Service Taxing Unit (MSTU) ordinances repealed. As long as these MSTU ordinances remain intact, the Property Appraiser must certify the taxable value of each MSTU to the, Board of County Commissioners on an annual basis. These certification forms are then reviewed by the OMB staff, signed by the County Manager, and forwarded to the Florida Department of Revenue for review and processing. The last tax levy in this MSTU was in FY 87. Ordinance No. 86-40 was adopted by the Collier County Commission for the purpose of levying special assessments for the construction of Livingston Road. It has been determined by the Transportation Services division that this MSTU is no longer needed. Although the Collier County Board of County Commissioners was designated as the ex officio governing body for this district, this entity does not function, has neither funding nor expenditures and needs to be terminated as an existing entity. ,.---' FISCAL IMPACT: The repeal will serve to simplify County budget preparation and will permit the deletion of the existing ordinance. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with the proposed repeal of this ordinance. RECOMMENDA TION: That the Board of County Commissioners approve the repeal of Ordinance 86-40 in its entirety. Date: Y>/'lLj (u) 'LJv ( Reviewed and Approved by: M~)~- Michael Smykowski, Budget Director Date: f"L17-- 10, 200/ (" \ AGE. NDAA.T T. EM Nf -kJj,? _ JUN 1 2 2001 Pg. I ~, 1 2 3 4 5 6 7 8 9 10 11 12 ORDINANCE NO. 2001_ AN ORDINANCE REPEALING IN ITS ENTIRETY, COLLIER COUNTY ORDINANCE NO. 86 - 40, THE NORTH NAPLES ROADWAY MUNICIPAL SERVICES TAXING AND BENEFIT UNIT, AS CREATED BY ORDINANCE 85 - 13; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Ordinance No, 86 - 40 that created the North 13 Naples Roadway Municipal Services Taxing and Benefit Unit; and 14 WHEREAS, the Board of County Commissioners desires to terminate the North Naples Roadway 15 Municipal Services Taxing and Benefit Unit. 16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 17 COLLIER COUNTY, FLORIDA that: 18 SECTION ONE: REPEAL OF COLLIER COUNTY ORDINANCE NO. 86 - 40, 19 Collier County Ordinance No, 86 - 40, is hereby repealed in its entirety, 20 SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE 21 The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of 22 Collier County, Florida, The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and 23 the word "ordinance" may be changed to "section", "article", or any other appropriate word. 24 SECTION THREE: CONFLICT AND SEVERABILITY 25 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 26 applicable law, the more restrictive shall apply, If any phrase or portion of the Ordinance is held invalid or 27 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and 28 independent provision and such holding shall not affect the validity of the remaining portion, 29 SECTION FOUR: EFFECTIVE DATE 30 This Ordinance shall be effective upon filing with the Florida Department of State, 31 PASSED AND DULY ADOPTED by the.Board of County Commissioners of Collier County, Florida, 32 this _ day of . 200 1. ~ 33 ATI'EST: 34 DWIGHT E, BROCK, Clerk 35 36 37 38 BY: 39 Attest as to Chairman's 40 Signature only, 41 Approved as to form and legal sufficiency: 42 43 44 45 Jacqueline Hubbard Robinson 46 Assistant County Attorney 47 48 b:lordinanccalJhrlRepeal-Pire Conuol District Oue BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph,D" Chairman AGENDA ITEM No._li 6 - JUN 1 2 2001 Pg. z.. EXECUTIVE SUMMARY ......--.... APPROVE REPEAL OF COLLIER COUNTY ORDINANCE 80-43, THE GOODLAND WATER MUNICIPAL SERVICES TAXING DISTRICT, IN ITS ENTIRETY OBJECTIVE: To obtain Board approval for the repeal of the ordinance that established the Goodland Water District Municipal Services Taxing District. CONSIDERA TION: The Office of Management and Budget is in the process of having old Municipal Service Taxing Unit (MSTU) ordinances repealed. As long as these MSTU ordinances remain intact, the Property Appraiser must certify the taxable value of each MSTU to the Board of County Commissioners on an annual basis. These certification forms are then reviewed by the OMB staff, signed by the County Manager, and forwarded to the Florida Department of Revenue for review and processing. In most cases, there were no tax levies in any of these MSTU's for at least ten years, if at all, Ordinance No. 80-43 was adopted by the Collier County Commission to provide, by special assessments, a potable water system for the Goodland area as identified in Section 122 - 707 of the Collier County Code of Laws and Ordinances, This district is no longer needed because the water system is provided by Collier County. Although the Collier County Board of County Commissioners was designated as the ex officio governing body for this district, this entity does not function, has neither funding nor expenditures and needs to be terminated as an existing entity so that it may be removed as a budget item. /~., FISCAL IMPACT: The repeal will serve to simplify County budget preparation and will permit the deletion of the existing ordinance. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with the proposed repeal of this ordinance. RECOMMENDA TION: That the Board of County Commissioners approve the repeal of Ordinance 80-43 in its entirety. Date: f\\c~\ \ \0 2--LZJ \ Reviewed and Approved by: /If-:tZe(? S- ----->Z------Bate: Michael Smykowski, Budget Director S--ri)-Ol ~ AGENDA ITEM No.~ JUN 1 2 2001 Pg. / ""---..~ 1 ORDINANCE NO. 2001_ 2 3 AN ORDINANCE REPEALING IN ITS ENTIRETY, 4 COLLIER COUNTY ORDINANCE NO. 80-43 THE 5 GOODLAND WATER DISTRICT MUNICIPAL SERVICES 6 TAXING DISTRICT, AS CREATED BY ORDINANCE; 7 PROVIDING FOR INCLUSION IN CODE OF LAWS AND 8 ORDINANCES; PROVIDING FOR CONFLICT AND 9 SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE 10 DA TE. 11 12 WHEREAS, the Board of County Commissioners adopted Ordinance No, 80 - 43 that created the 13 Goodland Water District Municipal Services Taxing District and amended Ordinance 75-5; and 14 WHEREAS, the Board of County Commissioners desires to terminate the Goodland Water District 15 Municipal Services Taxing District, 16 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 17 COLLIER COUNTY, FLORIDA that: 18 SEcrION ONE: REPEAL OF COLLIER COUNTY ORDINANCE NO, 80 - 43, 19 Collier County Ordinance No, 80 - 43 is hereby repealed in its entirety, 20 SEcrION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCE 21 The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances 22 of Collier County, Florida, The sections of the Ordinance may be renumbered or re-lettered to accomplish ,- 23 such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word, 24 SEcrION THREE: CONFLIcr AND SEVERABILITY 25 In the event this Ordinance conflicts with any other Ordinance of Collier County or other 26 applicable law, the more restrictive shall apply, If any phrase or portion of the Ordinance is held invalid or 27 unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and 28 independent provision and such holding shall not affect the validity of the remaining portion, 29 SECTION FOUR: EFFEcrIVE DATE 30 This Ordinance shall be effective upon filing with the Florida Department of State, 31 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, 32 this _ day of , 200 1. ,- 33 ATTEST: 34 DWIGHT E, BROCK, Clerk 35 36 37 38 BY: 39 Attest as to Chairman's 40 Signature only, 41 Approved as to form and legal sufficiency: 42 43 44 45 Jacqueline Hubbard Robinson 46 Assistant County Attorney 47 h:/mdinances/jhrlRepeal-Goodland Water Dislricl/8043-a BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D, Carter, Ph,D., Chairman AGENDA ITEM No._ \'10-_ JUN 1 '} 2001 l.. '-~' .....,".'O"'::C,,14;;;. :,.;.i>'....ooM}o~...-..... .~