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Agenda 06/26/2001 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 26, 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 SUBMII'FED 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 PARTIClPATI~ IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 June 26, 2001 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Hayes Wicker, First Baptist Church of Naples 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended B. June 5, 2001 - Workshop Meeting C. June 6, 2001 - Special Meeting 3. PROCLAMATIONS A. Proclamation to recognize the Collier County Sheriff's Office Senior Services Unit as the "2001 Golden Appreciation Helen K. Fallert Award Recipient". To be accepted by Sgt. Rosa White and/or Sgt. Mike Wittenberg. 4. SERVICE AWARDS A. Five Year Award: 1) Joel Fernandez, Transportation B. Ten Year Award: 1) Elizabeth Nagengast, Library C. Fifteen Year Award: 1) Ann Marie Saylor, Public Utilities D. Twenty Year Award: 1) Diane Flagg,Emergency Services 2) Millie Kelley, Wastewater Laboratory 5. PRESENTATIONS A. Report from Ideas Team on Martin County visit. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Mr. Herb Luntz regarding 4th of July Parade. 2 June 26, 2001 B. Presentation from Mr. Ronald Scott, Past President of Collier County Veteran Council. Mr. Mike Davis requesting Board of County Commissioners consideration for the creation of an MSTU for roadway improvements for Arnold and Mercantile Avenues. D. Mr. Mike Volpe speaking on behalf of Mr. Keith Basik requesting a private road entrance off Goodlette-Frank Road. E. Request by Mr. James Carr to have the Board of County Commissioners consider waiving impact fees for a guest house located at 681 15th Street SW. Fm Request by Mr. William L. Hoover on behalf of Mr. Larry Gode to have the BCC consider granting credit for previously paid application fees and reapplying for a standard rezoning. G. Ms. Cheryle L. Newman requesting an interpretation by the Board of County Commissioners regarding "Outside Storage" in C4 Zoned areas. H. Public Comment on General Topic. 7. BOARD OF ZONING APPEALS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ-2001-AR-451, Walter H. Rascher, Jr. and Lisa J. Rascher representing Ester and Francis Rascher, requesting a rezone from its current zoning classification of "A" Rural Agricultural to "RSF-3" Residential Single Family District. The subject property is located on the North side of Polly Avenue approximately one half a mile North of Rattlesnake Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. This site consists of 4.55 acres. (Chahram Badamtchian, Planning Services Department) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR-584, Ruth B. Williams, Architect, representing Carole L. Mendelsohn, requesting a 2-foot variance from the required 20-foot side yard setback on the East side to 18 feet for property located at 4388 Butterfly Orchid Lane, further described as Lot 10, Block D, Quail Creek Unit One, in Section 17, Township 48 South, Range 26 East, Collier County, Florida. (Fred Reischl, Planning Services Department) ADVERTISED PUBLIC HEARINGS 3 June 26, 2001 Request that the Board of County Commissioners adopt an Ordinance to amend Ordinance No. 99-67 which established the Mecliterra South Community Development District (CDD), adding approximately 210 acres to the existing boundaries of the Mediterra South CDD. (Stan Litsinger, Comprehensive Planning Manager) B. Recommendation to amend the Collier County Animal Control Ordinance. (Leo Ochs, Public Services Administrator) Recommendation that the Board of County Commissioners approve the attached ordinances creating three new Horizon Committees for Health and Human Services, Community Character/Smart Growth, end Workforce Housing. (Tom Olliff, County Manager) BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Golden Gate Estates Master Plan Ad Hoc Committee. (Sue Filson, Administrative Assistant to BCC) Appointment of member to the Hispanic Affairs.Advisory Board. (Sue Filson, Administrative Assistant to BCC) 10. C. Appointment of members to the Black Affairs Advisory Board. (Sue Fiison, Administrative Assistant to BCC) COUNTY MANAGER'S REPORT A. Adopt Resolutioq naming an artificial reef in Honor of Sgt. Jeff Klein. Dunnuck, Interim Community Development Administrator) (John B. Request for policy direction regarding the use of State Housing Initiative Partnership (SHIP) Funds. (Greg Mihalic, HUI Director) Ca This item has been deleted. Approve agreement for sale and purchase of 229 +/- acres of land in Collier County in conjunction with the District School Board of Collier County for construction of a county park on 129 +/- acre site. (Maria Ramsey, Parks and Recreation Director) 4 June 26, 2001 Report on Request for Additional Information (RFAI) for long-term and complementary Solid Waste Assessment for Collier County. (Jim Mudd, Public Utilities Administrator) This item has been deleted. Staff review and recommendations relative to Ordinance No. 91-31, as amended, also known as the Waterford Estates 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. (Susan Murray, Current Planning Manager) 11. 12. AIRPORT AUTHORITY COUNTY A'n'ORNEY'S REPORT A. Reimbursement of filing fees to candidates for the Pelican Bay Services District Board of Supervisors. (David Weigel, County Attorney) Oral report on status of Miller Boulevard Extension Litigation - Marshall v. Collier County, Case No. 99-2009-CA, now pending in the Circuit Court for Collier County, Florida, and recommendation that the Board postpone consideration of settlement until July 31, 2001. (David Weigel, County Attorney) 13. OTHER CONSTITUTIONAL OFFICERS A. Request Board approval for expenditures for renovations to 2373 Horseshoe Drive and Building J. (Don Hunter, Sheriff) 14. STAFF AND COMMISSION GENERAL COMMUNICATIONS 15. FUTURE AGENDAS 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 5 June 26, 2001 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request by the Florida Finance Corporation for approval of a Resolution authorizing the corporation to issue Industrial Development Revenue Bonds to be used to finance a manufacturing facility within Collier County on behalf of Air Technology Engine, Incorporated. 2) 3) Request to approve for recording the final plat of "Cedar Hammock-Unit 4" and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. Request to approve for recording the final plat of "Quail West Phase III, Unit Three" and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. 4) Final acceptance of Water Utility Facilities for Charlston Square. 5) Request by the Salvation Army to allow under a temporary use permit the retention of a tent structure for a period of more than 28 calendar pursuant to Section 2.6.33.6 of the LDC on property referred to as 3180 Estey Avenue. 6) Request that the Board of County Commissioners set a public hearing date for February 12, 2002 for consideration of a Development of Regional Impact Development Order for Petition DRI-2000-01, Heritage Bay located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East Collier County, Florida. 7) Request to approve for recording the final plat of "Classics Plantation Estates, Phase 1" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 8) Request to approve for recording the final plat of "Regent Lake" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 9) Request to approve for recording the final plat of "Mediterra Golf Course Phase One". 10) Request to approve for recording the final plat of "Mediterra Golf Course Phase Two". 11) Request to approve for recording the final plat of "Mediterra Golf Course Phase Three". 12) This item has been deleted. 13) Request to approve for recording the final plat of "Sherwood Park Two" 14) Request to approve for recording the final plat of "Mediterra Parcel 112" and approval of the Standard Form Construction and Maintenance 6 June 26, 2001 15) Agreement and approval of the amount of the performance security/subject to stipulations. Approve the Statutory Exchange of Public Property for Private Property enabling the County to construct a parking facility to accommodate the County's parking needs for its Horseshoe Drive Facilities. 16) Approve an Intergovernmental Agreement with the Department of Environmental Protection to provide greater customer service relating to environmental permitting. 17) Recommendation that the Board of County Commissioners adopt Resolution authorizing the Director of the Code Enforcement Department to compromise and settle certain Code Enforcement liens and to execute and record documents and to take certain acts necessary for the implementation of this authority. 18) 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. 19) 2001 Amended Tourism Agreement between Collier County and the Marco Island Film Festival regarding the October 2001 Event. 20) Request to approve for recording the final plat of "Valencia Lakes Phase 2-A" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security/subject to stipulations. 21) Adoption of a Resolution establishing an Official Administrative Procedures Manual for the Collier County consolidated Impact Fee Ordinance. (Copies of the Administrative Procedures Manual are available for viewing at Development Services Center, County Manager's Office and the Office of Public Information.) 22) Recommendation to approve criteria for establishing new district boundaries for the Board of County Commissioners. 23) Adopt Resolution acknowledging Collier County's Local Communications Services Tax Conversion Rate set forth in Florida's Communications Services Tax Simplification Law while opting to continue to locally collect rights-of-way permit fees. B. TRANSPORTATION SERVICES 1) Resolution to establish a "No Parking" Zone along the Eastern Right-of- Way of Spruce Street between US 41 (SR 90) and Washington Avenue as platted in Inomah Subdivision, Plat Book 2, Page 82. 7 June 26, 2001 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) A Resolution of the Collier County Board of County Commissioners adopting the Disadvantaged Business Enterprise (DBE) Program. Authorize staff to evaluate the opportunity for and if feasible develop a plan for a Municipal Services Benefit and/or Taxing Unit for the improvements to Whippoorwill Lane Including the East/West connection to Livingston Road. Approve Work Order No. BRC-FT-01-05 with Better Roads Inc., for intersection improvements at Collier Boulevard (CR 951) and Davis Boulevard, Project No. 60016. Approve Supplemental Agreement No. 9 for Professional Engineering Services by Ch2Mhill for the construction of Pine Ridge Road/CR896 widening (six laning), from Airport-Pulling Road/CR31 to Logan Boulevard, Project No. 60111; CIE No. 41. Approve award of Bid #01-3222 for an annual contract for the sale of mitigation credits to the County. Approve Contract Amendment No. I for Professional Engineering Services by Wilson Miller, Inc. for Pine Ridge Road widening from Airport Road to Logan Boulevard, Construction Project No. 60111, CIE No. 41. Approve Work Order No. BRC-FT-01-03 with Better Roads Inc. for intersection improvements at Santa Barbara Boulevard and Golden Gate Parkway, Project No. 60016. Approve a contract with Big Cypress Mitigation Bank as Iow bidder for the Livingston Road-North project wetland impacts, Collier County Project No. 65041. Adopt a Resolution authorizing the acquisition by gift or purchase of perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements and perpetual, non-exclusive slope and utility easements for the construction of roadway improvements for the Phase One Whippoorwill Lane Project from Pine Ridge Road South a distance of approximately one (1) mile (Project No. 60054). Approve Developer Contribution Agreement with First Baptist Church for road impact credits subject to developer complying with all conditions of the agreement imposed by the County. Adopt the Resolution amending the policy establishing the Collier County Access Management System for arterial and collector roadways. Approve Cash Bond Agreement for the completion of the roadway improvements for the South road as required by the Creekside Commerce Park PUD with Creekside West, Inc. Recommendation that the Board of County Commissioners award Bid #01-3239 for Pelican Bay Streetscape Irrigation System Phase I and II to 8 June 26, 2001 15) 16) 17) Collier Irrigation Service, Inc., and approve the Chairman to execute the contract documents upon attorney review. Approve to replace the Paratransit Vehicle totaled in a collision on November 23, 1999. Approve Cash Bond Agreement for the completion of the roadway improvements for the South road as required by the Granada Shoppes PUD with Ocean Boulevard Partnership II. Report to the Board on the results of the Annual Countywide Traffic Signal Warrant Study and Intersection Improvement Program. 18) 2002-2006 Update to the Public Transportation Development Plan (PTDI) 19) A Resolution of the Collier County Board of County Commissioners adopting the System Safety Program (SSPP) and approving the Drug Free Workplace Policies for Transportation Disadvantaged and General Public Transit System. 20) Approve the Metropolitan Planning Organization (MPO) Budget for Grant Year 2001-2001. C. PUBLIC UTILITIES 1) Board approval of Budget Amendment recognizing positive revenue variance in the Pollution Control Fund (108). 2) Acceptance of utility easement for th® installation of a water main to service the Naples Gateway PUD. 3) Award RFP 00-3113 for the purchase of integrated utility billing software system, authorize contract negotiations, and authorize the Chairman to execute the contract. 4) 5) Approval and execution of Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees. Waive Formal Competition and Transmitting Units from Data Wastewater Lift Stations. Approve the Purchase of 25 Remote Flow Systems, Inc. for monitoring 6) 7) 8) Approval of Budget Amendment for the North Regional Water Treatment Facility Cost Center. Approve contribution of $15,000 to the South Florida Water Management District for a Master Plan Study for the lower West Coast Regional Irrigation System. Approve Work Order CDM-FT-01-02 for utility engineering services related to improving wellfield reliability. 9 June 26, 2001 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) Award a contract to Mitchell and Stark Construction Company, Inc., to upgrade the Pelican Bay Wellfield, Booser Station and Master Flow Meter, Bid 01-3238, Project 74039. Approval of Contract GC623 with the Florida Department of Environmental Protection (FDEP). Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the county has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Approve a Budget Amendment of $55,600 to fund the 2001 Water, Wastewater and Reuse Rate Study for Public Utilities. Request approval of the Associated Budget Amendment for building improvements and to correct safety issues for the Naples Landfill Scalehouse. Approve a construction work order for the relocation of water and sewer mains related to the Florida Department of Transportations widening of U.S. 41 from Rattlesnake Hammock Road to Barefoot Williams Road, Projects 70045 and 73045. Approve the Satisfaction of Lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Request approval to waive formal competition and approve purchase of Carolina Software for landfill scalehouse operations and approve associated Budget Amendment. Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Adopt a Reso_lution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. 10 June 26, 2001 21) Approve one new position within the Public Utilities Engineering Department-Communication Systems Manager. 22) Approval of Budget Amendment to cover unanticipated expenses in the Water Distribution Cost Center. D. PUBLIC SERVICES 1) Accept title from Collier Cultural and Educational Center, Inc., to property to be used for the future "Lely Amphitheater". 2) Approve a Lease Agreement between Collier County and Sprint for use of County-Owned Property at the Cocohatchee River Park for a Communications Tower. 3) Approve a Budget Amendment for the increase in Medicaid Waiver Revenue and Program Costs. 4) Authorization to accept funds to increase hours for 4H Program Outreach Coordinator. 5) Give approval to apply for a Grant from Florida Communities Trust Florida Forever Grant Program. 6) Approve an eight month suspension of the design and construction of a neighborhood park within Livingston Woods. Approve a Resolution authorizing the activities and practices of various volunteer organizations within the Public Services Division. 8) Approve a Resolution authorizing the Chairman to enter into a lease agreement with the Florida Department of Transportation. 9) Approve an agreement with Collier Sports Officials Association, Inc. for the purpose of providing sports officials for county sponsored activities. 10) Approve an Interlocal Agreement with the City of Everglades for the Community Center Skate Park Project. SUPPORT SERVICES 1) Approve Budget Amendment to appropriate reserves from the Motor Pool Capital Recovery Fund (522) to refurbish an ambulance to meet new State ambient air and drug temperature control requirements, add safety and patient comfort features, and perform paint and body work. 2) Waive requirements for formal bid process by utilizing the services of the general contractor presently constructing the Golden Gate Government Services Center to construct the Golden Gate Sheriff's Substation. 3) Award RFP #01-3205, Employment Advertising Placement Services, to Nationwide Advertising Services and authorize staff to negotiate agreement with selected vendor. 11 June 26, 2001 4) 5) Request authority to award RFP 00-3188 and authorize staff to commence negotiations with the top-ranked firm(s). Award contract for architectural services for programming and design of the Courthouse Annex, Parking Garage, Chilled Water Plant Expansion and Associated Vehicular and Pedestrian Circulation and Site Work, RFP #3173. s) Approve Budget Amendment to increase appropriations for fuel and parts, and recognize associated revenues in Fleet Management Administration Fund (521). F. EMERGENCY SERVICES 1) Agreement approval and adoption of Resolution authorizing the acceptance of said agreement between the State of Florida, Department of Community Affairs and Collier County for funds to be used for shelter enhancement at Barron Collier High School. 2) Award Bid No. 01-3212 for the purchase of medical equipment for the Emergency Medical Services Department. G. COUNTY MANAGER 1) Request authorization for the County Manager to approve consent and emergency agenda items during the Board's scheduled recess. 2) Approval of Budget Amendment Report - Budget Amendment #01-342: #01-345. 3) Authorize the County Manager to reduce or waive certain Public Service Division and Community Transportation Fees for limited promotional programs. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 96- 975-CFA, 97-309-CFA, 98-6724-MMA, 97-10249-COA, 85-325-CFA, 85325- CFA, 9900394MMA, 0004107MMA, 83-584TMC, 0001487MMA, 0002980MMA, 99-7086MMA, 0001058MMA, 0004344MMA, 9910341MMA, 9803828MMA, 9909526MMA, 0002830MMA, 0003843MMA, 0004481MMA 0003777MMA, 9905083MMA, 9908634MMA, 9910076MMA, 0006214MMA 0005703MMA, 9800171CFA, 0005858MMA, 9909507MMA, 0004299MMA 9708520MMA, 9807864MMA, 9900898MMA, 0002211MMA, 9909165MMA 9910774MMA, 81-1465-MM-A-42, 9900895MMA, 9708884MMA 0004615MMA, 9800831MMA, 9501693CFA, 9501699CFA, 9501701CFA, 9501488CFA, 0002330MMA, 9900502MMA, APPROVAL. 12 June 26, 2001 9501700CFA RECOMMEND 2. Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) State Criminal Alien Assistance Program (SCAAP) 2001 Delegation Letter. 2) Fiscal Year 2001 Local Law Enforcement Block Grant Program. L. COUNTY ATTORNEY 1) Authorize the making of an Offer of Judgment to Respondents, Jose and Jenny Rey, for Parcel 101B in the amount of $10,058.00 in the lawsuit styled Collier County v. Jose L. Rey, et al, Case No. 99-3683-CA (Golden Gate Boulevard, Project No. 63041). 2) Approve the stipulated final judgment relative to the easement acquisition of Parcel 136 in the lawsuit entitled Collier County v. Frank V. Kralik, Trustee, of the Frank V. Kralik Revocable Trust Dated February 14, 1998, et al, (Pine Ridge Road Project No. 60111). 3) Approve the stipulated final judgment relative to the easement acquisition of Parcel 127 in the lawsuit entitled Collier County v. James R. Colosimo, Trustee, under unrecorded Land Trust Agreement Dated 12/10/92, et al, (Pine Ridge Road Project No. 60111). 4) Recommendation that the Board approve and authorize the Chairman to execute a continuing Retention Agreement for services on an "as needed" basis with the Law Firm of Allen, Norton and Blue, P.A~, to meet County purchasing policy contract update requirements. 5) Approve the stipulated final judgment relative to the easement acquisition of Parcels 108 and 708 in the Lawsuit entitled Collier County v. Community School of Naples Inc., et al, (Pine Ridge Road Project No. 60111 ) 6) Board approval of Resolution ordering and calling a Special Election to fill vacancies on the Lely Community Development District Board of Supervisors. _ 7) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel 162 in the Lawsuit entitled Collier County v. Russell Baisley, et al, (Livingston Road, Project No. 60071). 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. 13 June 26, 2001 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2001-AR711 to disclaim, renounce and vacate the County's and the public's interest in a portion of the drainage easement located on Lot 9, according to the Plat of "Barefoot Bay" as recorded in Plat Book 35, Pages 61 through 62, Public Records of Collier County, Florida, and to accept a relocated drainage easement on a portion of Lot 1 of said "Barefoot Bay" located in Section 6, Township 48 South, Range 25 East. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition VA-2001-AR-528, John S. McGarvey from Westlink Associates, LLP requesting a 4-foot after-the-fact variance from the required side yard setback of 24-feet to 20-feet for a single- family residence for a property located at 4437 Brynwood Drive in Quail West Development. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-01-AR-546, Mr. Don Cahill, representing the Barefoot Beach Property Owners Association, requesting an amendment to the Lely Barefoot Beach PUD having the effect of increasing the maximum building height from two stories to three stories with a maximum of 70 feet above the minimum base flood elevation for property located within the Lely Barefoot Beach PUD and West of Barefoot Beach Boulevard in Sections 6, 7, and 8, Township 48 South, Range 25 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-01-AR-488, Mr. Tim Hancock, representing HB Holdings of SW Florida, LLC, requesting an amendment to the DaVinci Estates in Olde Cypress PUD having the effect of allowing project entry signs to be located a minimum of 5 feet from the back of curb of any private access drive, reducing the minimum rear yard setback from 25 feet to 20 feet and to reduce the front yard setback from 20 feet to 10 feet only for a side entry garage while maintaining the 20 foot setback for the principal structure for property located North of Immokalee Road (CR 846) and approximately 1.3 miles East of 1-75 in Section 21, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-2001-AR-478, Jeff Merz fro,,, Voicestream Wireless representing Collier County Emergency Management Services (EMS) requesting a Conditional Use for communications tower on a parcel of land zoned "C-1" Commercial Professional District for property at the intersection of Golden Gate and Coronado Parkway in Golden Gate City, 14 June 26, 2001 and is further described as Lot 1.1, Block 115, Golden Gate City Unit 4, this parcel consists of approximately 2.5 acres and contains the Golden Gate Fire and Rescue Building. Adopt an Ordinance repealing Ordinance No. 91-10, as amended, and reestablishing the County Government Productivity Committee; changing membership and quorum requirements of the committee. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 June 26, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 26, 2001 ADD: Item 5(C): Presentation by Emergency Services regarding Hurricane season update. (Staff request.) ADD: Item 9(D): Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. (Staff request.) ADD: Item 10(H): To approve modified guidelines for site improvement plans reviewed under the Immokalee Housing initiative. (Staff request) WITHDRAW: Item 16(A)17: Recommendation that the Board of County Commissioners adopt a Resolution authorizing the Director of the Code Enforcement Department to compromise and settle certain Code Enforcement liens and to execute and record documents and to take certain acts necessary for the implementation of this authority. (Staff request.) WITHDRAW: Item 16(A)18: 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. (Requested by property owner who will be out of town.) WITHDRAW: Item 16(A)21: Adoption of a resolution establishing an official administrative procedures manual for the Collier County Consolidated Impact Fee Ordinance. (Staff request.) ADD: 16(A)24: Authorization for the County Manager to execute a contract for economic consulting services in support of the Rural Fringe Assessment Area Conceptual Strategies. (Staff request.) CONTINUE TO July 31, 2001: Item 16(B)11: Approve Developer Contribution Agreement with First Baptist Church for road impact credits subject to developer complying with all conditions of the agreement imposed by the County. (Requested by Rich Yovanovich representing First Baptist Church.) MOVE: Item 16(B)9 to 10(I): Approve a contract with Big Cypress Mitigation Bank as Iow bidder for the Livingston Road-North project wetland impacts, Collier County Project No. 65041. (Requested by Michael Simonik, The Conservancy.) DELETE: Item 16(C)9: Award a contract to Mitchell and Stark Construction Company, Inc., to upgrade the Pelican Bay wellfield, booster station and master flow meter, Bid 01-3238, Project 74039. (Staff request.) CHANGE: Item 16(D)8: Approve a Resolution authorizing the Chairman to enter into a lease agreement with the Florida Department of Transportation. Change only in wording of the Resolution for clarification. (Staff request.) ADD: Item 16(L)8: Approve the Agreed Order awarding Statutory Attorney's Fees in the amount of $52,483.20, relative to the Easement Acquisition of Parcel 145 in the Lawsuit entitled Collier County v. Owen M. Ward, Trustee, et al, Case No. 99-1291-CA, Project No. 65031 (Radio Road, Santa Barbara Boulevard to Davis Boulevard). (Staff request) NOTE: The following Request for Legal Advertising of Public Hearincls does not appear on the Board Index as the Board agreed to appoint Commissioner Mac'Kie to serve as liaison to the Conservancy's existing Green Space Committee: An Ordinance establishing a Conservation Lands Referendum Committee; providing for Creation and Purpose; providing for Terms of Office, Membership, Designation of Liaison and Failure to attend meetings; providing for Officers, Quorum and Compensation; providing for Conflict and Severability; providing for Dissolution of the Committee and Repeal of Ordinance; and providing for an Effective Date. PROCLAA4A TZON N/HEREA~, Collier County Sheriff'~ Office Senior ~ervices Unit was established in I998 as a unit dedicated to addre~sin9 the needs of the 9row/n9 o/dee adult population in Co/i/er County; and, N/HEREA$, Collier County Sheriff'~ Off/ce Senior Services Unit maintains o Sen/or Help L/ne staffed by sen/or volunteers; and, N/HEREA$, Coil/er County Sheriff's Off/ce Senior Services Unit offers a variety of suppor~f programs/nc/ud/n9 a 24-hour crisis intervention program, the Senior at Risk Program pray/din9 daily contact for individuals i/yin9 in their own homes, a defensive/iv/n9 education program to protect eiders from becom/n9 ce/me v/ct/ms, a File of Life and Beacon Program; and, N/HEREA~, Collier County Sheriff's Off/ce ~enior Services Unit coordinates the ~AL T 77~ZAD Council which fosters a partnership be~veen sen/or citizens and/aw enforcement; and, N/HEREA~, Co/I/er County Sheriff's Office ~enior Services Unit demonstrates t/re/ess dedication to protecting the senior adult segment of our population. NON/THEREFORE, be it proclaimed by the Board of County Commissioners of Coil/er County, F/or/da, that the Co/i/er County's Sher/ff'~ Off/ce Senior Services Unit be recognized as the "200.t ~olden Appreciation Helen K. Fa//er~' Award Recipient': DONE AND ORDERED THZ$ 26t~ Day of June, 2005. BOARD OF COUNTY COA4tA_T~$.~ONER~ COLI. ZER COUNTY, FLOR-TDA A TTE$ T: DN/.TGi.-IT E. BROCK, CLERK ,TAII4E$ D. CARTER, CHAZRA4AN AGENDA ITEM No._ JUN 001 Pg.. COLLIER COUNTY MANAGER'S OFFICE June 15,2001 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Signcraft of Naples Inc. Att: Mr. Mike Davis 3661 Mercantile Avenue Naples FL 34104 Re: Request for Public Petition Regarding Creation of an MSTU for Roadway improvements for Arnold and Mercantile Avenues Dear Mr. Davis: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 26, 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. Si n~cerel':~..v,~,,.,.-. Thorn,s W. Olliff County Manager TWO:job cc: David Weigei, County Attorney JUN Z 6 2001 FAX COVER LETTER FROM SIGNCilAFT OF NAPLES INC. ~&61 MEilCANTILE A~- $410~ PHONI~ . 9&l-643-1~J7 PAX - 941-643-2499 DATE: 6/15/01 TO: Coltier County Manager's Office FAX #: 774-4010 PAGES: I FROM: Mike Davis SUBJECT: Public Petition 1 request addition to the BCC agenda of June 26, 2001 to petition the board for staff direction concerning the creation of a Municipal Services Benefit Un: for property owners on Mercantile and Arnold Avenues. Please call if I can answer any questions, I am on vacation the week of June 18th but can be reached at (706)-745-892:- or via email at/Taples74@aol, com, Thank you. COLLIER COUNTY MANAGER'S OFFICE June 19,2001 Mr. Keith Basik American Funding and Service Corporation 720 Goodlette Road, Suite 305 Naples, FL 34102 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Public Petition Request for Approval for a Private Road Entrance Off Goodlette Road for a 25-30 Home Residential Gated Community. Dear Mr. Basik: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 26, 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:jb cc: County Attorney John Dunnuck, Interim Administrator C.D.&E.S. AGENDA ITE. M pg. ! 10:40 ~15139475670 HSB BONITA Pub~cPe~iouRequest: The d~v¢l~cr~ (rEa I~ parc,2l reques~ ~ for a pri'.~ rind ~-~cc offC~u~dl~t~e ~ for a 2.5-30 hrn:u= .&m~ri~ F,,,.,ai.g ~d ~c.~ Corp. 720 GoocHelge Road, Suite 305 Naple~ FI, 34102 (94I) 262-4622 or (941) 272-4643 Pre~tV Sped6cs.< Iax~o-' I/$ nail= ~,~ of So{an Road. oa tim west side of Goodlct~ ~ Taming: RMF 6. Also rec~ved condi~ona[ approval for ALF. Acreage: 9.6+/- acres. Az the t~e tile prcrpcrty received a~proval for the ALF, the local commun/%~- was in strong support of~e project.'s eu~a~ due to th~ traffic problems da~ existed to the aortfi (Cypress Woo~ area) andto the ~utl~ fFrank ~ area). Both thee are~ experieace larg~ vol,m_. cff"cu~-t, hm' or "crossover" Wat55c from C. modlette Rcm:I to US 41 or visa veTs~_ The CC. mmtLr_2~¢: aS well as Ch= comsy, preferred th~ no addiUonaI traffic be directed to che~e arms. TI~ ciirec~. erm'znce crff of Goodlette road provided ~e best means crf cievelopi~g ~e project and Cm"rent Status: A~ ~ the owner/developer would AGENDA ITEM No. N~~ JU 2001 Pg. ~ COLLIER COUNTY MANAGER'S OFFICE June 19, 2001 Mr. James P. Carr 681 15th Street SW Naples, FL 34117 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Public Petition Request to Have the BCC Consider Waiving Impact Fees for a Guest House Located at 681 15th Street SW Dear Mr. Carr: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 26, 2001, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, County Manager TWO:jeb cc: County Attorney John Dunnuck, Interim Administrator C.D.&E.S. May 30, 2001 Collier County Manager 3301 Tamiami Trail East Naples, FL 34112 Dear Sir: I am writing this letter to you to request a meeting with you and/or the Collier County Commissioners. I purchased a home in 1996. It was marketed to me as a house with a guest house and was told by the Realtors that the guest house was grandfather-in. A few months ago, I was sited by Collier County Code Enforcement for having an un-permitted structure. A_eter great lengths of fact finding, Ariel photographs, expenses for blue prints etc., etc., etc. t have now been told that their are impact fees in the area of $4,000.00. Due to the fact, the guest house has been there for 20 plus years, I'm requesting, if the impact fees can be waved. As of today's date, I have filed for a permit and plan to follow-through with any requirements needed. Therefore, I would like to plead my case to the proper officials. Thank you in advance for your time. Sincerely, James P. Carr (941) 352-8991 AGENDA ITEM JUN 2 6 2001 RECEIVED COU;IT'F A~;,IINISTRATOF~3 OFFICE ACTIOH FILE COLLIER COUNTY MANAGER'S OFFICE June 19, 2001 William L. Hoover, AICP Hoover Planning & Development, Inc. 3785 Airport Road North, Suite B Naples, FL 34105 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Public Petition Request by William L. Hoover on Behalf of Larry Gode to Have the BCC Consider Granting Credit for Previously Paid Application Fees and Reapplying for a Standard Rezoning Dear Mr. Hoover: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 26, 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 'rwo:jeb cc: County Attorney John Dunnuck, Interim Administrator C.D.&E.S. Pg. [ Jun 15 O1 08:41a B. Hoover (S41) 403-SCOS HOOVER PLANNING & DEVELOPMENT. INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions June 14, 2001 County Manager Tom Olliff Collier County Building F 3301 E. Tamiami Trail Naples, Florida 34112 RE: Request to be on the Board of County Commissioner's Agenda Under Public Dear Mr. OllitT: This letter is to formally request being placed on the BCC's agenda under Public the BCC meeting of q',l~l, Items 13.A.l) PE-99-3 and 13.A.2) V-99-29 (for the pr.er. Gode Professional Building) were continued by the Board of Count5' primarily due to opposition fi.om members of the Naples Park Homeowners Associazic - have formally met with the Naples Park Homeowners Association and Chairman Carter and came up ~5th a possible solution. The Naples Park Homeowners Association and Chairman James Carter are reovesri::' Larry Gode apply for a rezoning to down-zone Ms C-3 lot to RMF-6 and build a home on the new R3,~-6 lot and his adjoining RMV-6 lot, that was previously requesr~,~ used for off-site parking for his proposed office building on the C-3 lot. Larry C~,c'i agreed to do tkis under the condition that he receive full credit from the prexSous fees he has paid for both the Var/ance and Off-Site Park/ng Petitions towards' Standard Rezoning application fee (Mr. C_rode would be still be pavine about application fees). - In short summary, Larry Gode is requesting that the BCC approve granting him cr:~2 previously paid application fees on both the Variance and Off-Site Parking Petitio~.s the application fee for a Standard Rezoning in order to down-zone the C-3 lot to requested by the Naples Park Homeowners Association,. with a condition of ap?r,~va! · only single-family homes be built on Larry Gode's 2 lots. ' Sincerely, HOOVER PLANNING & DEV., INC. William L. Hoover, AICP Chairman James Carter, Ph.D. Larry Gode Michael Davis Chahram Badamtch/an, Ph.D. HP #233Olliff. Itr 3785 Airport Road North, Suite B-I, Naples, Florida 34105 , Phone: 941-403.8899 · ~.: 9~¥ Jun lb O1 08:41a B. Hoover (S4i) 403-SOCS COLLIER COUNTY MANAGER'S OFFICE June 20,2001 Ms. Cheryle L. Newman, Vice President Golden Gate Area Civic Association 5101 31st Avenue SW Naples, FL 34116 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Re: Public Petition Request by Cheryle L. Newman on Behalf of Golden Gate Area Civic Association, Asking the Board of County Commissioners for an Interpretation of "Outside Storage" in C4 Zoned Areas. Dear Ms. Newman: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 26, 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. Tom, As the Vice President of the Golden Gate Area Civic Association, I would like to know if I may be placed on the agenda, Tuesday, June 26th. under Public Petition. I would like an interpretation by the Board of Collier County Commissioners of "Outside Storage" in C4 Zoned areas. Please advise via return email or by telephoning me at 353-0444 during .... ' day or 353-7969 in the evening, if this request will be granted on , weeks agenda. Thanking you in advance. Cheryle L. Newman Golden Gate Area Civic Association Vice President AGENDA ITEM No.___, 6 2001 EXECUTIVE SUMMARY PETITION RZ-2001-AR-451. WALTER H. RASCHER, JR. & LISA J. RASCHER REPRESENTING ESTER & FRANCIS RASCHER, REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" RURAL AGRICULTURAL TO "RSF-3" RESIDENTIAL SINGLE FAMILY DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF POLLY AVENUE APPROXIMATELY ONE HALF A MILE NORTH OF RATTLESNAKE HAMMOCK ROAD IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THIS SITE CONSISTS OF 4.55 ACRES. OBJECTIVE: To have the Board of County Commissioners consider a request for a rezoning of land from its current zoning classification of "A" Agricultural to "RSF-3" residential single family, while maintaining the community's best interest. CONSIDERATIONS: The petitioner wishes to rezone the subject property from "A" Rural Agricultural Zoning District to "RSF-3" Residential Single Family Zoning District to allow the subdivision of the property into two lots in the future. The applicant has stated that he wishes to deed a portion of his property to his grandson to build a residential dwelling for him and his family. The property is surrounded by agriculturally zoned properties developed with single-family residences. This property is located within the Urban Area on the Future Land Use Map, which allows the property to be rezoned to residential single family. This property is located in an area with different size lots and with several different types of zoning classifications. Within one half mile radius of the subject site there are three large tracts one with an area of 30 acres, one 26 acres, one 9 acres. There are 11 parcels 5 acres in size, 15 parcels 4 acres in size, 25 parcels 2.25 acres in size and 28 parcels one acre in size. There are also several subdivisions zoned RMF-6, RSF-5, RSF-4 and RSF-3. There are three PUDs one with a density of 3.25 units per acre (Waterford Estates) one with a density of 3.61 units per acre (Shadow wood PUD) and one with 5.4 units per acre (Huntington Woods Villas). It is staff's opinion that this request to subdivide this 4.55-acre parcel into two 2.25-acre parcels will be compatible with the surrounding land use and lots sizes. FISCAL IMPACT: Should this rezone be granted, the applicant will be able to subdivide the property into two lots and build one residence, which will generate the following impact fees. Road Impact fee: $2,433.00 AGENDA ITEM No. -- JUN 2 6 2001 Public Schools Impact fee: Regional Parks, Impact fee: Community Parks Impact fee: Libraries Impact fee: Correctional facilities impact fee: Fire Impact Fee: EMS Impact Fee: Radon Gas Building Code Administration Total $1,778.00 $179.00 $399.OO $180.52 $117.98 $600.00 $14.oo $1o.oo $1o.oo $5,721.50 In addition to the Impact Fees described there are building permit review fees. Building permit fees have traditionally offset the cost of administrating the community development review process. There are no utility impact fees associated with this residence, as there are no utilities available to the site at this time. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Futura Land Use Map of the Growth Management Plan (GMP). The GMP allows rezoning requests with a density of four dwelling units per acre in this area; therefore, the requested density of one dwelling unit per 2.25 acres is consistent with the requirements of the GMP. It is important to note that the Agricultural zoning within the Urban Residential Subdistrict of the GMP is basically a holding zoning for properties waiting to be rezoned in accordance with the requirements of the GMP. Encouraging the development of agriculturally zoned properties within the urban area will reduce the pressure to develop outside urban areas causing urban sprawl. ENVIRONMENTAL ISSUES: The applicant is not proposing any impacts to any environmentally sensitive area on the site. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 2 AGENDA ITEM JUN g 6 2001 PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the CCPC review RZ-2001-AR-451and forward it to the BCC with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: There were no environmental issues involved with this request; therefore, this petition was exempt from the EAC review. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on May 17, 2001. At the CCPC hearing staff proposed that a density cap of one unit per 2.25 acres be placed on the property. After the applicant agreed to this density cap, the CCPC unanimously recommended approval. Several people spoke against this petition. Staff has also received several letters in opposition to this petition, copies of which are attached to this report. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: /~USAN M U RF~Y~ INTERIM CURRENT PLANNING MANAGER THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: JOHN/~/I.' DUNNUCK, III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 3 AGENDA ITEM JU~i 2 6 Z001 AGENDA ITEM 7-F MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION APRIL 24, 2001 RZ-2001-AR-451 OWNER/AGENT: OWNER: Ester & Francis Rascher 6150 Polly Avenue Naples, FL. 34113 AGENT: Walter H. Rascher, Jr. & Lisa J. Rascher 4460 18t~ Avenue S.W. Naples, FL. 34116 REQUESTED ACTION: The applicant is requesting to change the zoning classification of the subject property from "A" Rural Agricultural Zoning District to "RSF-3" Residential Single Family District. GEOGRAPHIC LOCATION: The subject property is located on the north side of Polly Avenue approximately one half a mile north of Rattlesnake Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. This site consists of 4.55 acres. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to rezone the subject property from "A" Rural Agricultural Zoning District to "RSF-3" Residential Single Family Zoning District to allow the subdivisiOn of the property into two lots in the future. The applicant has stated that he wishes to deed a portion of his property to his grandson to build a residential dwelling for him and his family. The property is surrounded by agriculturally zoned properties developed with single-family residences. This property is located within the Urban Area on the Future Land Use Map, which allows the property to be rezoned to residential single family. AGENDA ITEM JUN 2 6 2.001 r~ iUN 26 2[ SURROUNDING LAND USE AND ZONING: Existing: Single-family residence, zoned "A" Agricultural Surrounding: North- East - South- West- Single-family residence, zoned "A" Agricultural Single-family residence, zoned "A" Agricultural Single-family residence, zoned "A" Agricultural Single-family residence, zoned "A" Agricultural GROVVTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The requested density of 3 dwelling units per acre is consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density: Maximum permitted density 4 dwellin.q units per acre 4 dwelling units per acre The requested density of 3 units per acre is less than that which the site is eligible to receive under the FLUE density rating system. Therefore this petition is consistent with the density provisions of the Growth Management Plan (GMP). Transportation Element: The proposed RSF-3 zoning, should the project be developed to the maximum extent possible, will result in 130 trips per day. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C' design volume) on any County roads. In addition, this project will not lower the level of service below any adopted LOS "D" standard on any road within the project's radius of development influence (RDI). The proposed rezone will not create or excessively increase traffic congestion on the arterial road system at build-out and complies with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. 2 AGENDA ITEM NO. 6 2001 Sewer and water: Water and sewer will not be available to this site. Drainaqe: Water management requirements will be addressed at the time of SDP review and approval. Such approvals will be made consistent with Collier County drainage requirements. O e_p_~._~ace: Sixty percent of the project site will be devoted to open space pursuant to applicable provisions of the LDC. Conservation: Conservation goals, objectives and policies are achieved by applying LDC requirements to required subsequent approvals. Other applicable elements Staffs review indicates that this petition has been designed to account for the necessary relationships dictated by the Future Land Use Element of the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed rezone is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this rezone request. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HiSTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. However, a waiver of Historical/Archaeological Survey and Assessment was recommended for approval by the Collier County Historical and Archaeological Board. 3 AGENDA ITEM' JUN 6 001 EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental staff, and the Transportation Division staff. This petition was administratively reviewed on behalf of the EAC and staff recommended approval. CRITERIA EVALUATION: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation 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. The most important facet of the rezoning is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5. (Rezone Findings) of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and have been attached to the staff report as Exhibit "A". (See Attached) Relationship to Future and Ex stin.q Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. 4 AGENDA ITEM JUN 26 2001 A rezoning action having the effect of rezoning approximately 4.55 acres to Residential Single Family will be consistent with the provisions of the FLUE. Compatibility: The subject property is surrounded by agriculturally zoned properties developed with single-family residences. By the virtue of the fact that this property qualifies for Residential Single Family under the Future Land Use Element of the Growth Management Plan, this residential rezoning is compatible with surrounding and nearby land uses. Timing:. Clearly the timing of a rezoning action from "A" Agricultural is present when the land is impacted with nearby residential land uses. Traffic: The site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume). The added trips will not lower the level of service below adopted standards within the project's radius of development influence (RDI). Therefore, the rezoning action will be consistent with the TE. Infrastructure: There are no plans to extend the sewer and water lines to this area in the near future; therefore, this property will be on septic tank and private well. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition RZ-2001-AR-451 to the BCC with a recommendation for rezoning this property from "A" Agricultural to "RSF-3" Residential Single Family zoning district. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: SU~C/~'N I~IURRAY, AICP ~' INTERIM CURRENT PLANNING MANAGER 5 AGENDA ITEM JUN 26 2001 THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: DATE JOH~I M. DUNNUCK, Ill INTERIM COMMUNITY DEVELOPMENT & E~VIRO~ME~TAk SERVICES ADMINISTRATOR Petition RZ-2001-AR-451 This petition has been tentatiVely scheduled for June 26, 01, BCC Public Hearing. COLLIER~~h' PLANNING COMMISSION: RMAN ~ 6 AGENDA ITEM NO. ,,,, j-._~. ~ UN 2 6 Z001 REZONE FINDINGS PETITION RZ-2001-AR-451 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land 'Use Map and the elements of the Growth Management Plan. Pro: It is the opinion of the Comprehensive Planning Section that a rezone to RSF-3 will be in compliance with the Growth Management Plan. Con: None. Summary Findings: The proposed rezone to RSF-3 will be in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern. Pro/Con: Evaluation not applicable. Summary Findings: This property is surrounded on all sides by agriculturally zoned properties developed with single-family residence. 3, The possible creation of an isolated district unrelated to adjacent and nearby districts, Pro: This property is adjacent to properties developed with single-family dwellings. Con: This rezoning will allow single-family residences on lots smaller than neighboring properties. Summary Findings: This property is of a sufficient size that this rezone will not result in an isolated district unrelated to adjacent and nearby districts, 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. AGENDA ITEM No. juN~'~6 ZOO1 Pg. // Pro: The district boundaries are logically drawn and consistent with the GMP. Con: None. Summary Findings: This project will be adjacent to residentially developed properties. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. ProlCon: Evaluation not applicable. Summary Findings: The proposed zoning change is appropriate because its relationship to the FLUE is a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro/Con: Evaluation not applicable. Summary Findings: The proposed change will not adversely influence living conditions in the area because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 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: An action to rezone the property as requested is consistent with all applicable transportation elements. Con: Urban intensification results in greater volumes of traffic on the arterial and collector road system serving the project. Other projects dependent upon the same street system may perceive this as one, which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent a statement advising that this project when developed will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem. AGENDA ITEM NO. JUN g 6 2001 Pro: The Land development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra- county drainage appurtenances would increase the risk of flooding in areas when drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Pro/Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to all zoning districts and were designed to ensure that light penetration and air circulation are minimally affected by development. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Typically urban intensification increases the value of contiguous land. Con: None. Summary Findings: This is a subjective determination based upon factors, which may be internal or external to the subject property. Zoning is only one component, which may affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. AGENDA ITEM No. -- ProlCon: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not act as a deterrent to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. ProlCon: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Growth Management Plan a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with the GMP are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. ProlCon: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. ProlCon: Evaluation not applicable. Summary Findings: A policy statement, which has evaluated the scale, density and intensity of land uses, deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. ProlCon: Evaluation not applicable. AGENDA ITEM No. JUN g $ 2001 Summary Findings: There are many sites, which are zoned to accommodate the proposed residence. 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/Con: Evaluation not applicable. Summary Findings: Development of the land will necessitate alteration of the site in some form. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Growth Management Plan and as defined and implemented through the Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationship. AGENDA ITEM - JUN g 6 2001 ORDINANCE NO. 01- AN ORDINANCE. AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0616S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON POLY AVENUE IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "RSF-3 (0.44)" RESIDENTIAL SINGLE FAMILY DISTRICT; PROVIDING FOR STAFF AND PLANNING COMMISSION STI~ULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Walter H. Rascher Jr. and Lisa J. Rascher, representing Ester and Francis Rascher, petitioned the Board of County Commissioners to change the zoning classification of the heroin described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described as: The East ½ of the South ¼ of the Southeast ¼ of the Northwest ¼ of Section 16, Township 50 South, Range 26 East, Collier County, Florida, less Polly and Atkins Avenues right-of-ways. is changed from "A" Rural Agricultural District to "RSF-3" Residential Single Family District and the Official Zoning Atlas Map Number 0616S, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following: -The density shall be limited to one dwelling unit per 2.25 acres (0.44 unit per acre). 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 ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES D, CARTER, Ph.D., CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJ~ M. STUDENT ASSISTANT COUNTY ATTORNEY A(3ENDA ITEM NO. APPLICATION FOR PUBLIC HEARING FOR; STANDARD REZONE Petition No.: Commission District: RZ-2001-AR-451 Rascher, Esther and Francis Project # 2001030003 DATE: 3/05/01 Planner Assigned: _ ~ceived: Chahram Badamtchian ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) ~-~t~'' Applicant's Mailing Address City ~x,J c>, f> I e...-.~ State ~ L.. Zip Applicant's Telephone #'=i t4 F-'-lrD <o -~(,~ Fax # Name of Agent ~d~}O. 14~( N .' f,~O.~hC..l-~rF,,irm '+ Ave_.. State FL_ Fax# a:~[~ I - Zip.~Arll~ Agent's Mailing Address City lX~ Ct tD[~',~ Agent's Telephone# COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAC AGENDA ITEM - JUN 2 6 2001 1OF15 Disclosure of Interest Information: ao 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 oo% If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name ~yl~ress, and Office Per~,~t~tgeA°f St°ok ! Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Add/tess Perce~jge/~J~terest APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE AGENDA ITEM JUN 2 6 2001 Pg. PAGE 2 OF 15 If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Addres~,x]//~ Percentage ~/f Ownership eo 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. Date of Contract: Name and Address Perce~x~g/;Ownership If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address go Date subject property, acquired [~ leased [] Term of lease If, eetitioner has option to buy, ~n t~q~e a or'option: terminates: , or anticipated closing date APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - S/98 yrs./mos. A~'N~K I~EM , · PAG 3 OF 15 ho 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 heating, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property, covered by the application- (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: t ~ Township: ~ O Range: 7_. Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Size of property.: ff.X ft. = Total Sq. Ft. Address/general location of subject property, Adjacent zoning and land use,: Zoning Land use AGENDA ITEM No. . 2 6 2001 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/9g Pg. PAGE 4 OF 15 Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. inadequate, attach on separate page). NC Township: Range: Subdivision: Section: Lot: Block: Plat Book Page #:__ Metes & Bounds Description: Property I.D.#: (If space is AGENDA ITEM NO. JU~ ~ 6 20Ul 7 o Rezone Reouest: This application is requesting a rezone from the Aa zoning dis~ct (s) to the {~..~ ",~ zoning district(s). Present Use of the Property: [9[~ V~.~. Proposed Use (or range of uses) of the property: APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE ,.'$/98 . . Evaluation Criteria: Pursuant to Section 2.7.2.5. 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 m_aterials and d,ocumentation in support, of the request. i nc ~ bccilv( 0~ ~I r~n on %c 5amc PAGE 5 OF 15 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 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. 17. The impact of development on the availabili(y 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 [Code ch. 106, art. II], as amended. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the subject property.: To your knowledge, has a public hearing been held on this property within the last ~,ear? If so, what was the nature of that hearing? .~ 11. Additional Submittal requirements; In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; -- ^o~.o^ ,~ -- JUN · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section'3.8. of the Land Development Code (LDC), or a request for waiver if appropriate.,,,. e. Whether or not an EIS is required, two cOpies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant' and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). [A.)~ £. Statement of utility provisions (with all required attachments and sketches); g. A Traffi~Impact,.,,~em s wmvea at r~te pr?-appncauon m h. A historical and arcneoiog~cai survey or wmver appucauon ~r properry.~s mcated within an area of historical or archaeological probability (as identified at pre- application meeting); ~ 0D~V~ J.. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. ~j//~ AGENDA ITEM No. JUN g,6 2001 APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 PAGE 8 OF 15 STANDARD REZONE APPLICATION SUBMITTAL CHECKIJST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! RE Q UIREMEN TS # o F N 0 T - COPIES REQUIRED REQUIRED 1. Completed Application 15, 2. Copy of Deed(s) and list identifying Owner(s) and all 2* Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* L~ 4. Pre-application notes/minutes 15' 5. Conceptual Site Plans 15. 6. Environmental Impact Statement- (EIS) 4 7. Aerial Photograph - (with habitat areas identified) 5* 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) .... ~. Traffic Impact Statement- (TIS) 4 10. Itist~ricai & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Data Conversion Fee, Check shall be _ made payable to Collier County Board of Commissioners 14. Other Requirements - * Documents reanired fnr T r, no_D~..,~ Wo.~;.. v~..; .... ge tg APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 0212000 As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure t° include all necessary submittal information may result in the delay of processing this petition. AGENDA ITEM No. JUN 2,6 2001 A DI .RIi, SSING CtHfCK LIST PLEAS. E SUB. MIT 7'HE FOLL 0 [E[NG D 0 CUM'F. NTS I. LI<GA_L DESC.RIF£1ON ,, PLEASE ATT&CH 3. SURVEY FOR UNPLATTED ?ROPERTIES - PLEAb~ ATT*CH 4. PROJECT N.i_MF.,r - 5. STREET NAMES FOR REVIE'~ , t OtSO 'OIh t Ave-b ~. EXISTING PROJECT- SUPP~ ~ DEYELOPMENT PLAN NUMBER 7. APPLICABLE TO ~ FOLLOWING PETITION TYPES~ SITE DEVELOPI~IENT.PLANS ~DI~E~~ TO SITE DE~,LOPM~NT PLANS CONSTRUCTION PLANS/PLATS ~I.l. LAND USE PETITIONS SITE IMPROVEMENT. PLANS ADMENDMENTS TO SITE IMI'ROVEM2ENT PLANS EXCAVATION BLASTING PER.MTrs RIGHT-OF-WAY CLEARING/VEGETATION REMOVAL ' STREET NAI~IE RF~OL~ONS INSUBSTANTIAL CHANGES · 8. PROPOSED COND O~ DO CUiVIEN'~ NA.MES FOIl. STAFF USE ONLY ,ir ,*. .,.)- S .GNA 1 { l~Sg, DATE ....................................... AOENDA ITEM No. May 7, 2001 Chahram Badamtchian Principal Planner Planning Services Department 2800 North Horseshoe Drive Naples, F1 34104 Dear Mr. Badamtchian, I am responding to the letter I received 4/27/01, regarding rezoning property located at 6150 Polly Avenue. I own my own business and due to the hours that I have to spend attending my business I will not be able to attend the meeting of May 17, 2001. I am opposed to rezoning any property from "A" Rural Agricultural to RSF-3. My main purpose for purchasing property in this area was because it is zoned Agricultural. I am strongly opposed to rezoning and want it to remain as is. Sincerely, Page 1 AGENDA ITEM No. JUN 6 2001 5/17/2001 To: CCPC SUBJECT: RZ-2001-~451 (Rascher) Zoning Change Request from Rural Agriculture to RSF-3 - Robin D. Buckley, Jr., and Susan Buckley of 6378 Adkins Avenue, Naples FL 34112, located down the road from requested zoning change go on record as being against this change. My name is Susan Buckley. I represent my husband, Robin D. Buckley, Jr., and myself. We live at 6378 Adkins Avenue, Naples FL 34112. Which is down the street from the subject property located at 6150 Polly Ave. We are against the request for a change in zoning from Rural Agriculture to RSF-3. We moved into this area knowing that the zoning was Rural Agriculture and because of it. I'm believe that everyone that also owns property and lives in this area was also obviously aware of the agricultural zoning when they made the decision to own property or live in this area. A change in zoning from Rural Agriculture to RSF-3 is, in my opinion, not in the best interest of any of the people who call this area HOME. A zoning change to RSF-3 will open a "Pandora's Box ", changing the fabric of our agricultural area to a densely crowded mess. This happens in other areas all the time and I have no reason to believe that it would be any different in our little hammock. Polly Avenue Naples, FL 34112 May 17, 2001 Planning Services Department Community Development and Environmental Services Division Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 RE: RZ-2001-AR-451 Walter H. Rascher, Jr. and Lisa J. Rascher To Whom It May Concern: We would like to take this opportunity to respond to the petition to rezone 6150 Polly Avenue from "A" Rural Agricultural to "RSF-3." While we understand the purpose of the rezoning, to allow construction of a residence for a family member, we are unequivocally opposed to any type of zoning change. Once this change is granted, it becomes permanent for current and future owners. The RSF-3 zoning would allow up to 3 single family residences per acre times the 4.33 acres the Raschers own. This density can' not be supported by the area - through its infrastructure of roads, septic systems, etc. In addition, the drastically increased population would change the complexion of the neighborhood, from a country estate setting to wall to wall houses. We have discussed this potential change with many of our neighbors and no one has indicated they approve of this change. It is our unanimous feeling that this is not a positive direction for our area. We respectfully ask that the Planning Services Department decline the above specified petition. Mr. and Mrs. Albert Doria AGENDA ITEM No. JUN g 6 2001 6122 Polly Avenue Naples, FL 34112 May 17, 2001 Planning Services Department Community Development and Environmental Services Division Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 RE: RZ-2001-AR-451 Walter H. Rascher, Jr. and Lisa J. Rascher To Whom It May Concern: We would like to take this opportunity to respond to the petition to rezone 6150 Polly Avenue from "A" Rural Agricultural to "RSF-3." While we understand the purpose of the rezoning, to allow construction of a residence for a family member, we are unequivocally opposed to any type of zoning change. Once this change is granted, it becomes permanent for current and future owners. The .RSF-3 zoning would allow up to 3 single family residences per acre times the 4.33 acres the Raschers own. This density can not be supported by the area - through its infrastructure of roads, septic systems, etc. In addition, the drastically increased population would change the complexion of the neighborhood, from a country estate setting to wall to wall houses. We have discussed this potential change with many of our neighbors and no one has indicated they approve of this change. It is our unanimous feeling that this is not a positive direction for our area. We respectfully ask that the Planning Services Department decline the above specified petition. Sincerely, Albert and Shirley Canfield A(~ENDA ITEM -- JUN" 6 ; 001 May 11, 2001 Ronald D. Ison 6225 Adkins Avenue Naples, Fi 34112 Chahram Badamtchian Principal Planner Planning Services Department 2800 North Horseshoe Drive Naples, F1 34104 RE: Property At 6150 Polly Avenue Dear Mr. Badamtchian, I am responding to the letter I received 4/27/01, regarding rezoning property located at 6150 Polly Avenue. Due to being employed and the time of of the meeting being 8:30 in the morning I am unable to attend. So hopefully this letter will suffice as my presence. I am opposed to rezoning any property from "A" Rural Agricultural to RSF-3. My main purpose for purchasing property in this area was because it is zoned Agricultural. I am strongly opposed to rezoning and want it to remain as is. Sincerely%/'. Ronald D. Zson Page 1 AGENDA ITEM No. JUN g 6 2001 Berni's letter May 11, 2001 Joyce Knowles 6205 Adkins Avenue Naples, Fi 34112 Chahram Badamtchian Principal Planner Planning Services Department 2800 North Horseshoe Drive Naples, F1 34104 RE: Property At 6150 Polly Avenue Dear Mr. Badamtchian, I am responding to the letter I received 4/27/01, regarding rezoning property located at 6150 Polly Avenue. I will be unable to attend the meeting of May 17, 2001. I am opposed to rezoning any property from "A" Rural Agricultural to RSF-3. My main purpose for purchasing property in this area was because it is zoned Agricultural. I am strongly opposed to rezoning and want it to remain as is. Sincerely, Joyce Knowles Page 1 AGENDA ITEM NO. JUN 2 6 ;;'001 Untitled May 7, 2001 Dear Mr. Badamtchian, Principal Planner, I EC£1v£ I am responding to the letter I received 4/27/01, regarding rezoning property located at 6150 Polly Ave. I am unable to attend the meeting May 17,01 due to my work schedule. I am opposed to rezoning any property from "A" Rural Agricultural to RSF-3. My main purpose for purchasing property in this area was because it is zoned Agricultural. I am strongly opposed to rezoning and want it to remain as is. Sincerely, Bernadine Harris Page 1 AGENDA ITEM No, May 6, 2001 HAY 0 8 200 RECEI rO Collier County Government Community Development & Enviromental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 Attention: Chahram Badamtchian Re: RZ-2001-AR451 Rascher rezone Dear Mr. Badamtchian: I am opposed to the rezoning of this partial of land from agriculture to private residence on Polly Avenue. My reason being that if I okay this one, how many more will follow. If I okay this one, who else will come to me and say"Well you okayed the other one, why not me". This is a quiet neighborhood due to the size of the acreage. The Rascher's had a chance to divide their property before it became undividable and chose not to do so. After talking to many of my neighbors, I find that they are against this division as well. Thank you for giving me the opportunity to state my concern of overdevelopmenting this area, by cutting up these partials of land. Mario Pelaez 6150 Adkins Ave Naples, FL 34112 AGENDA ITEM No. JUN 2 $ 2001 May 7~ 2001 NAY 0 8 RECEIVED Mr. Chahram Badamtchian Pianning Services Department 2800 North Horseshoe Drlve Naples, Fl. 34104 Dear Mr. J~ahram Badamtchian, In regards to: RZ-2001~-~-451~ Walter H. Rascher, Jr. and Lisa J. Rascher, representing Esther' and Xrancis Rascher, requesting a rezone from "A" Rural Agricultural to "RSF-3" for a private residence for property located at 6150 Polly Avenue, in Section 16, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.55~ acres. 'We object to the above requested rezoning for the following reasons. 1. The increased density will increase traffic and associated dust on the gravel streets including Polly Avenue, Sunset Blvd. and Whittaker. we would participate in paving o~r portion of Sunset Blvd. However the already rezoned Waterford Estates P.U.D. refuses to do so. Consequently the road dust has become unbearable· 2. Water table levels will be lowered even further. Already our wells are close to going dry. 3. The higher density of septic tanks increases potential pollution of the ground water· 4 As no adjacent property is zoned for '~a · c~..ns ity greater than "A" Rural Agricultt~re this would be spot rezoning. Please do not rezone to greater dens~.ty and ignore the associated problems with street dlist~ water requirements, water pollution and spot rezoning. Sincerely~ 3651 Sunset Blvd. Naples, Fl. 34112-2957 cc: County Commissioner Donna Fiala AGENDA ITEM No. JUN 2 6 2001 MAY i 2OOi RECEIVED May 7, 2001 Chahram Badamtchian Principal Planner Planning Services Department 2800 North Horseshoe Drive Naples, F1 34104 Dear Mr. Badamtchian, I am responding to the letter I received 4/27/01, regarding rezoning property located at 6150 Polly Avenue. I own my own business and due to the hours that I have to spend attending my business I will not be able to attend the meeting of May 17, 2001. I am opposed to rezoning any property from "A" Rural Agricultural to RSF-3. My main purpose for purchasing property in this area was because it is zoned Agricultural. I am strongly opposed to rezoning and want it to remain as is. Sincerely, Paula Barnes Page 1 AGENDA ITEM No. JUN pg. EXECUTIVE SUMMARY VA-2001-AR-584, RUTH B. WILLIAMS, ARCHITECT, REPRESENTING CAROLE L. MENDELSOHN, REQUESTING A 2-FOOT VARIANCE FROM THE REQUIRED 20- FOOT SIDE YARD SETBACK ON THE EAST SIDE TO 18 FEET FOR PROPERTY LOCATED AT 4388 BUTTERFLY ORCHID LANE, FURTHER DESCRIBED AS LOT 10, BLOCK D, QUAIL CREEK UNIT ONE, IN SECTION 17, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interest is maintained in a single-family neighborhood. CONSIDERATIONS: There is no land-related hardship with respect to this petition. The petitioner wishes to construct two additions to a single-family house. The addition on the west side will result in a side yard setback of over 25 feet (the required setback is 20 feet). The petitioner also wishes to construct an architecturally similar addition on the east side of the house, to maintain the symmetry of the structure. This addition, as proposed, would encroach 2 feet into the required side yard setback and is the subject of this variance. The separation between the proposed addition and the nearest neighbor will be over 50 feet. The Quail Creek Architectural Review Committee has approved the proposed addition; therefore staff believes that the addition will not be detrimental to the public welfare. The alignment of the houses on the lots is su_ch that the addition will not affect the view of the neighbor to the east. Three letters of no objection were received, including one from the neighbor to the east, who would be the neighbor most affected by the proposed encroachment. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. AGENDA ITEM JUN 2 6 2001 pg. GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition at its June 7, 2001 meeting. Stating that the ameliorating factors out-weighed the lack of land-related hardship, the CCPC voted 6 to 0 to forward petition X2-2001-AR-584 to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: There are ameliorating factors in conjunction with this variance; specifically, the existing alignment of the houses so as not to affect the neighbor's view and the fact that over 50 feet of landscaping will separate the addition from the nearest neighbor. However, there is no land related hardship therefore, Planning Services staff is constrained from recommending approval and recommended that the CCPC forward Petition VA-2001-AR-584 to the BZA with a recommendation of denial. A[~ENDA ITEM No. JUN g $ ~001 PREPARED BY: PRINCIPAL PLANNER DATE REVIEWED BY: INTERIM CURRENT PLANNING MANAGER THOMAS E. KUCK, PE INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: JOHN~: D~~K, III DATe ' INTE1;~-M COMMUNITY DEVELOPMENT & ENVmONMENTAL SERVICES ADMINISTRATOR executive summary/VA-2001 -AR-584 3 A~ENDA ITEM JUN g 6 2001 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MAY 17, 2001 SUBJECT: PETITION VA-2001-AR-584 AGENT/APPLICANT: OWNER: AGENT: Carole L. Mendelsohn 4388 Butterfly Orchid Lane Naples, FL 34119 Ruth B. Williams. 89 Kirtland Drive Fort Myers, FL REQUESTED ACTION: The petitioner requests a 2-foot variance from the required 20-foot side yard to 18 feet, to allow construction of an addition to a single-family house. GEOGRAPHIC LOCATION: The subject property is located at 4388 Butterfly Orchid Lane within the Quail Creek subdivision. AGENDA ITEM JUN 2 6 2001 Pg. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to construct two additions to a single-family house. The addition on the west side will result in a side yard setback of over 25 feet (the required setback is 20 feet). The petitioner also wishes to construct an architecturally similar addition on the east side of the house, to maintain the symmetry of the structure. This addition, as proposed, would encroach 2 feet into the required side yard setback and is the subject of this variance. SURROUNDING LAND USE AND ZONING: Subject: Single-family house; zoned RSF-2 Surrounding: North - East - South - West - Butterfly Orchid Lane ROW Single-family house; zoned RSF-2 Golf course; zoned GC Single-family house; zoned RSF-2 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, 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: AGENDA ITEM NO. JUN 2 6 001 Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? Yes. The home was constructed with a smaller side yard along the eastern property line than on the western property line. Also, the separation between the addition and the nearest neighbor will be over 50 feet. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The house was not centered on the lot when it was originally constructed. However, there is adequate room to construct the addition in another location. The petitioner wishes to maintain the architectural symmetry of the house with the proposed addition. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship. eo 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, safet3' and welfare? No. The existing single-family house is a reasonable use of the land. However, the requested variance is the minimum required to construct the addition requested by the petitioner. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller side yard than the minimum required in the RSF-2 zoning district. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? ^G~n~^ ~ NO. ~ JUN ~ 2001 3 Yes, this variance will allow the construction of an addition that will be over 50 feet from the nearest structure. That is in harmony with the intent of the side yard requirement. The Quail Creek Architectural Review Committee has approved the proposed addition; therefore staff believes that the addition will not be detrimental to the public welfare. ge Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. The alignment of the houses on the lots is such that the addition will not affect the view of the neighbor to the east. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change thc requirements of thc Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There are ameliorating factors in conjunction with this variance; specifically, the existing alignment of the houses so as not to affect the neighbor's view and the fact that over 50 feet of landscaping will separate the addition from the nearest neighbor. However, there is no land related hardship therefor~ Planning Services staff is constrained from recommending approval and recommends that the CCPC forward Petition VA-2001-AR-584 to the BZA with a recommendation of denial. AGENDA ITEM NO. JUN 6 :'001 4 pg. PREPARED BY: REVIEWED BY: DATE S~SAN MURRAY, AICP INTERIM CURRENT PLANNING MANAGER THOMAS E. KUCK, PE INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: EM. DUNNUCK III DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number: VA-2001-AR-584 AGENDA ITEM JUN g 6 7001 VARIANCE PETITION (VARIANCE FROM SETBACK ...... VA-2001-AR-584 Carole Mendelsohn Project # 2001030080 Petition No. Date: 3,'29/01 Commission District: Planner Assigned: DISTRICT) ABOVE TO BE COMPLETED BY STAFF GENERAL INFORMATION: Petitioner's Name: Petitioner's Address: ].2"~__ ,~.~//q Telephone: Agent's Name: Agent's Address: H/e- c// /T£C ?- Telephone: q/'fi/" ~r~/,~¢''''' ,~ /?& Application for Variance Petition - 8/98 Page AGENDA ITEM JU~ 2 6 2001 of 8 /0 "OLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Mailing Address City State __ Zip. Name of Homeowner Association: Mailing Address City State __ Zip. Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address PROPERTY DESCRIPTION: City State __ Zip Legal Description of Subject Property: Subdivision: (~ l]~! L ~___~E~_ unit t~/~ Lot (s) //Q Section /? Twp..~7L2 Range~ ~ Property I.D. # Block (s) Metes & Bounds Description: ? .TTnClf O Application for Variance Petition - 8/98 Page 2 -- 'A~F'NDA ITEM JUN 2 6 gOO1 Add~ess of Subject Property: (If different from Petitioner's address) Current Zoning and Land use of Subject Parcel: Adjacent Zoning & Land Use: ZONING LAND USE Minimum Yard Requirements for Subject Property: Front: Side: Rear: ._,"~ ,.~' ! Comer Lot: Yes [-] No ~ Waterfront Lot: Yes [-"] Nolg Application for Variance Petition - 8/98 Page AGENDA ITEM JUN ~ 6 ZOO1 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the mount of encroachment proposed using numbers, i.e. reduce fi.ont setback fi.om 25' to 18'; when property owner purchased property; when existing principal structure was built (include building pemait number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. Page 4 Application for Variance Petition - 8~98 JUN' 6 200" r8 pg._ /~'~ ~- Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a vm-iance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. 2. Are there special conditions and circumstances which do not result from the action ofthe applicant such as pre-existing conditions relative to the property which is the subject of the variance request. 3. WiN/a literal interpretation of the provisions of this zoning code work unne~sary and ut(due hardship on the applicant or create practical difficulties on the applicant. . - -/5/t 4. Will the variance, if granted, be the minimum variah~ce that will make 15~ssible tl~ reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Application forVsrian¢,Petition-8,98 ~/_., .4~, 7'1-- "~--~: Page Sol8 5. Will granting the variance requested confer on the petitioner any special privilege that is demed by these zoning regulations to other lands, buildings, or slxuctures in the same zoning disltict. 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 deu-imental to the public welfare.~.~._ ~ ~ ~ ~~, ~ .~,~,,~~.~. - /.-- ' ' ---/-, 7. Are there natural conditions or physically induced conditions that ameliorate the goa,s and ~ objectives of the regulation such as natural preserves, lakes, golf course, etc.. ' 8. Will granting the variance be consistent with the growth management~ ~'.~,a~ , ~ /..,~ .... ~ ...... · - .(.:- . .. Application for Variance Petition - 8/98 Page 6 ot Ouail Creek Estates Febmaryl3,2001 Mrs. Carole Mendelsohn 4388 Butterfly Orchid Lane Naples, FL. 34119 Re: Addition set back Dear Mrs. Mendelsohn, The Architectural Review Committee has approved the 18' set back requested for your new addition. If we can be of further service please do not hesitate to contact us. Sincer_ely, Loren N. Laine General Manager LNL/cg cc: lot D10-1 4886 Pond Apple Drive South. Naples. Florida 34119 AGENDA ITEM "° JUN 2 6 Z001 Tel: (941) 594-6966 Fax' (941) 594-6968 COLLIER ;OUNTY RECORDED , OR BOOK 001226 PAGE lan:al ID Number. 68593120002 Oran(ce ~1 TIN: 296-10-3912 Om.t~ ~211N: 302-34-8066 ISpace Above This Linc For Rccordin~ Dalai ...Warranty Deed J,~,This Indenture, DOC~~G N. ANTONIOU and LOR~INE ANTO~OU, his wife, %N~ ~he entirety, ~the ~u.ty~ ~ ~.~'~ ,' , , State of DAVID MENDE~SOHN, ~R.~ ~D and CAROLE ~. MENDE~SOHN~ husband and ~fe, as an es~a~e by ~he ent~re~y, wh~add~m:40 Hun~ng Tra~i, Chagrin FalZs, Ohio 44022 Between as tenants by , grantors, and , grantees. Witnesseth that the ¢;RANFORS, for and in consideration of the sum of TEN & NO/100($10.00) I)OLL~S, and olher good and valuahle con~idcralion to (;RT~Nrr(3R.S in hand paid by (;IL~NTI':ILS. thc receipt whereof is hereby acknowledged, have granted, barpincd and ~old to lhc uid GRANrr~ .F.~ and GR~N'I'Eli~;' hcir~ and a~xigns Iorevcr, the follow~ng deEribcd land, ~lualc, yng and being in the county of COLLI ER s~atc of Florida ,o Lot 10, Block D, Quail Creek, Unit One, according to the plat thereof as recorded in Plat Book 13, Pages 19 through 26, inclusive, of the Public Records of Collier County, Florida. Subject to easements, restrictions, reservations of record and taxes for the calendar year 1994 and subsequent years. and the grantors do hereby fully warrant the title to raid land, and w~ll dcfcnd the same against lawful claims of all persons whomsoever. In Witness ,/%~[heq~of, the granlo~ ha,,x h .... lo.ct h. hands and scal$..~ay an_/ycar firs, at ..... .lien. Prin~edtName: ~ ~ ~'<~ ~ K~IG ~. A~ONIOU e.O.~d~r~ 2338 ~1~ ~d ~ 149 STATE OF COUNTY OF COLLIER KRAIG N. ANTONIOU, persor, ally known to me or who has produced his ~..~ .,,~ as identification Naples, FL LORRAINE ANTON IOU Ne )les, ~ 33999 dUN I 05/29/2001 14:39 9415972757 OJAIL CREEK CC PAGE 62 -T-b ~UII--L~. 12~ -I NF o';, FL_'y'NN AGENDA ITEM No. Memo to Collier County Government Community Development and Environmental Services Division "Planning Services Dept. 2800 N. Horseshoe Drive Naples Florida, 34104 Attn. Fred Reischl Memo from Lois & Arthur Goodman 12988 White Violet Drive Naples Florida 34119 Memo re VA- 2001 - AR - 584 -..Oarole L. Mendelsohn 4388 Butterfly Orchid Lane Naples Florida 34119 Memo date 5/21/01 We totally and fully support the requested variance. We are familiar with Carole Mendelsohn and are confident that the proposed structure will be done in keeping with the usual tasteful manner that she exhibits and that it will enhance the environment and have no discernible negative effects. AGENDA ITEM NO. JUN 2 6 2001 pg. ~ RESOLUTION NO. 01- RELATING TO PETITION NUMBER VA- 2001-AR-584, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of a 2-foot variance from the required 20 foot side yard setback on the east side to 18 feet as shown on the attached plot plan, Exhibit "A", in an RSF-2 Zone for the property hereinai%r described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County;'and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition VA-2001-AR-584, filed by Ruth B. Williams, Architect, representing Carole L. Mendelsolm, with respect to the property hereinafter described as: Lot 10, Block "D", Quail Creek, Unit One, according to the Plat thereof as recorded in Plat Book 13, Pages 19 through 26, inclusive, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 2-foot variance from the required 20 side yard setback on the east side to 18 feet as shown on the attached plot plan, Exhibit "A", of the RSF-2 Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit "A" only. Any other encroachment shall require a separate variance. -1- AGENDA ITEM No. JUN 2 6 2001 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number VA-2001-AR-584 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: I¢larj~rie i~.-Student ' Assistant County Attorney G:/VA-2001-AR-51M/FPdc w JAMES D.CARTER, Ph.D.,CHAIRMAN -2- AGENDA ITEM NO. JUN g 6 001 EXHIBIT "A" ~© I ~ENDA ITEM JUN 3 6 200~ EXECUTIVE SUMMARY REQUEST THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT AN ORDINANCE TO AMEND ORDINANCE NO. 99-67 WHICH ESTABLISHED THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT (CDD), ADDING APPROXIMATELY 210 ACRES TO THE EXISTING BOUNDARIES OF THE MEDITERRA SOUTH CDD OBJECTIVE: To have the Board adopt an ordinance amending the boundaries of the existing Mediterra South CDD BACKGROUND: On September 14, 1999, the BCC, upon review of a petition submitted on June 15, 1999 by Bonita Bay Properties, Managing Member of the Long Bay Partners, L.L.C., having found that the subject petition met the requirements of Section 190.005, Florida Statutes for establishment of a CDD under 1,000 acres, did adopt Ordinance No. 99-67 establishing the Mediterra South CDD. CONSIDERATIONS: On April 20, 2001, the Board of Supervisors of the Mediterra South CDD submitted the petition (Attachment A) to John Dunnuck, Interim Administrator, Community Development & Environmental Services Division, to amend Ordinance No. 99-67 to add approximately 210 acres to the Mediterra South CDD (Exhibit 2 of Petition). The petition for expansion of the CDD was submitted pursuant to the provisions of Section 190.046, Florida Statutes governing the expansion of an existing CDD. On May 9, 2001, Mr. Kenza van Assenderp, Esq., attorney for the petitioner did submit to staff a letter of explanation of the process for amendment of the boundaries of an existing CDD to supplement the information contained in the petition. This letter is provided for your reference (Attachment B). Section 190.046 (1) (a), Florida Statutes prescribes that the information required to be submitted in a petition to expand the boundaries of an existing CDD are essentially the same as required for establishment of the CDD under Section 190.005, Florida Statutes. Section 190.005, Florida Statutes outlines the specific content required in the petition and further outlines six (6) factors for the Board of County Commissioners to consider in determining whether to grant or deny a petition for the establishment of a CDD, as follows: 1. Whether all statements contained within the petition have been found to be true and correct. 2. Whether the creation of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as on functional interrelated community. 4. Whether the district is the best alternative available for delivering community OU~ g O 2001 ,,_ / services and facilities to the area that will be served by the district. 5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. Whether the area that will be served by the district is amenable to separate special-district government. County legal, planning, transportation and public works staff have reviewed the petition and the supplemental engineering and planning white papers submitted by the petitioners (Attachment C) relative to the six (6) considerations and found the proposed expansion of the South CDD to be compliant with each of the six (6) review factors. FISCAL IMPACT: A $1,500 fee was submitted with the petition, to cover the cost of advertising and processing. Since the expansion of the district does not include any development approval, the immediate fiscal impact to the County is minimal. Exhibit "7" of the petition, "Statement of Estimated Regulatory Costs" attests to the insignificance of current fiscal impacts associated with the expansion of the district. It is noteworthy that the additional estimated internal infrastructure to be financed by the expanded Mediterra South CDD is $ 11,268,000, consisting of drainage, recreation/security, land/mitigation, roadways and water/sewer. Roadways, water and sewer facilities are ultimately to be transferred to County ownership. GROWTH MANAGEMENT IMPACT: The entire Mediterra South CDD lies within the Urban Mixed Use designated area on the Future Land Use Map. Although the expansion of this CDD does not constitute any development approval, the plan of development outlined in the original petition has been determined to be consistent with the Collier County Growth Management Plan (GMP). Accordingly, any further petitions for rezone or development permits will be subsequently reviewed at the time of submittal, and will be subject to the requirements and limitations specified in the Collier County land Development Code (LDC), and will be required to be consistent with the GMP in effect at that time. HISTORIC/ARCHAEOLOGICAL IMPACT: N/A EAC RECOMMENDATION: N/A CCPC RECOMMENDATION: N/A PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that the Board adopt and enact the proposed ordinance amending the boundaries of the Mediterra South CDD to add approximately 210 acres (Attachment D) - AGENDA iTEM NO. ~ JUN 2 6 2001 PREPARED BY: .~ ST'~AN LITSINGEI~'AICP ~'' COMPREHENSIVE PLANNING MANAGER DATE REVIEWED BY: TOM KUCK, INTERIM PLANNING SERVICES DEPARTMENT DIRECTOR DATE JOHN ~. DUNNUCK, III, INTERIM ADMINISTRATOR COMb~NITY DEV. AND ENVIRONMENTAL SVCS. DATE EX SUMMARY/LB AGENDA ITEM No. -- JUN 2 6 2001 ORDINANCE NO. 2001- AN ORDINANCE AMENDING ORDINANCE NO. 99-67 WHICH ESTABLISHED THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT; PROVIDING FOR AMENDMENT TO EXHIBIT "A" TO EXPAND THE EXTERNAL BOUNDARIES OF THE DISTRICT; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The Board of County Commissioners adopted Ordinance No. 99-67 on September 14, 1999 which established the Meditem~ South Community Development District; and WHEREAS, the Board of Supervisors of the Mediterra South Community Development District has petitioned the Board of County Commissioners to expand the external boundaries of the District; and WHEREAS, the Board of County Commissioners, after proper published notice, conducted a public hearing on the petition to expand the boundalies of the district as required by law and determined the following: I. The petition is complete in that it meets the requirements of Section 190.046, Florida Statutes; and all statements contained within the petition are true and correct. 2. Expansion of the proposed district is not inconsistent with the local Comprehensive Plan of Collier County and is not inconsistent with the State Comprehensive Plan. 3. That the area of land within the proposed district as expanded is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. 4.. That the district is the best alteruative available roi' delivering community development services and facilities to the area that will be serviced by the district. 5. That the community development services and facilities of the district will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 6. That the area that will be served by the district is amenable to separate special district government; and WHEREAS, it is the policy of the State, as provided in Section 190.002(2)(c), Florida Statutes, that the exercise by any independent district of its powers as set forth by uniform general law comply with all applicable governmental laws, rules, regulations and policies governing planning and permitting of the development to be served by the district, to ensure that neither the establishment nor operation of such district is a development order under Chapter · 380, Florida Statutes, and that the district so established does not have any zoning or permitting powers governing development: and 1 Words ~ are deleted; words underlined are added. AGENDA ITEM NO. JUN 2-6 2001 WHEREAS, Section 190.044(3), Florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations and ordinances apply to all · development of the land within a community development district; and that a district shall take no action which is inconsistent with applicable comprehensive plans, ordinances or regulations of local general purpose government; and WHEREAS, pursuant to Section 190.012, Florida Statutes, the district's special powers are subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies and special districts having authority with respect to any area included therein. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AMENDMENT TO EXHIBIT "A" OF ORDINANCE 99-67. Exhibit "A" shall be amended to read as follows: See revised Exhibit "A" attached hereto and incorporated herein by reference. 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 remai ni ng portion. SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions o[ this Ordinance shall become and 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 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 fi ling with the Department of State. PASSED AND DULY ADOPTED by the Board oi" County Commissioners of Collier County, Florida, this . day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:. JAMES D. CARTER, Ph.D., Chairman 2 Words str'.:'c]c t~:'e',:gh are deleted; words underlined are added. AGENDA ITEM No. JUN 2001 Approved as to form and Heidi F. Asht~n Assistant County Attorney h:H FA\Oral\AmendS)-67 Medilerra 3 Wolds ............. ~,, are deleted; words underlined are added. AGENDA ITEM NO. JUN 2-6 2001 MEDIT~RRA SOUTH CDD PIPER PARCEL (Collier County) Thc nor~ halt' (N½) of thc wcst halt' (~VI~) of thc west half (~) of Section I 1, To .w~hip 48 South, l~[angc 25 East, Collier County, Florida ConmL-~ng 10.$7 acrr~ mo~ or lc~. and; K. HACHANE PARCEL Ncrth½ of thc ~orth ½ of thc ncrthwcst ~ of thc southwest ~ ofSccfinn 1 I, Towr/ship 4S South, Range 25 East, Collier County, Florida Containing I0.09 aercs more or less. and; KHACHANE PARCEL North ½ of thc south ½ of'thc northwes! ~ of thc southWest ~ of Section l 1, Town~hlp 4g South, Rangc 25 East, Collier County, Florida Containing 10.09 acres more or less. and; MOl'fi'ANUS PARCEL Thc south ½ of thc north ½ of ~hc nor, hw~ % of thc southwest ~ of Section 11 ~ Towr~hip 48 South, Range 2:5 East, Collier County, Florida. Containing 10.09 acres more or las. and; STAP. LETON PARCEL Thc ~outh ½ of thc south ½ofthc northwc~t % of Ibc southwcst ~ ofScct~on I 1, Town~hip 48 SoUth, Range 25 East, saving and reserving thc west 50 fcct thereof for roadway purposes for ingress and egress of grantors and Krantecs and adjacent property ovalcr~. · Containing 10.09 acres more or less. and; DYNABEL PARCEL Thc SouL'cast '/, of thc Sout~wcmt '~, lc.~ ~ South 30 fcct thc~cof, ofScc~on 11, Township 48 South, Range 25 East, Collier County, Florida. and; · DYNABEL PARCEL continued Thc Southca~t ~ of thc Northwest %; Thc Southwest ~ of thc Northeast ~; Thc Northwcst % of thc Southeast ~; nnd thc Northeast ~ of thc Southwcst ~; Less thc North Words are deleted; words underlined are added. AGENDA ITEM NO. 2 -,6 2001 Containing 195 acres more ~.. ,ess. and; FIDELITY' p ARC'i~_L The North ½ ortho Southwest ½, of~e Northeast ~ of'the Southwest ~ of Sectlon l I, Township 48 South. l~nge 25 East, Collier County. Florida Containing 5 acres more or less. and; VOGEL PARCEL · Thc Ndrtheast ~ of the Northwest ,~ and the Northwest ~ or'the Northeast ~ of Section 1 I, Township 48 South. Range 25 East, Collier County, Florida. Containing 80.40 and; Acres .more or less. LIVINGSTON PARCEL A parcel ofland located in Sections ! !, 12 and 13, Township 48 South, Range 25 East, Collier County, Florida, being more panlcularly described as £ollows: Beginning at the southeast comer of'the southwest ,~ of Section 12, Township 48 South, Range 25 East. Collier County Florida; thence run North 00°52.07" West along the east line or'sold southwest ~ ot'Sectlon 12, for a distance or'2&31.75 feet to the center o£said Section 12; . thence continue North 00052,07., West along the east line of the southeast ½ of thc northwest ~ of said Section 12, for a distance or 1316.77 t.he SOUl.beast ~ ortho northwest ,, ,, · _ . .t'eet to the northeast corner thence run Sn,,,~, ~oe ....... _ ~4 -fsa~d Scct4on 12; ....... ,, .,.+ uo west along the south line of'the southeast ~ of'the northeast ~ o£the northwest ,~ of'said Section 12, for a distance ot'662.2g £eet to the southwest COmer of'the southeast ~ of the northeast ~ oFthe northwest ~ or'said Section 12; thence run North 00°50.22,, West along the west line ortho southeast ~ or'the northeast '~ of the northwest ~ ofsald Section 12, £or a distance of'658.71 £eet to the northwest corner o£the southeast ~ or'the nonheasi ½ o~'lhe northwest ~ of'said Section 12; thence run North 88°55,45- East along the north line ortho southeast ½ ortho northeast ~ or'the northwest ~ or'sold Section 12, for a distance or&~l.95 feet to the northeast corner of'the southeast ½ of'the northeast ½ or'the northwest ~ orsald Section thence run North 00°52.0?- West along the east line or'the northwest ~ of'said Section 12, for a distance or65539 feet to the northeast corner of'the northwest ~ of'said Section 12; thence run South 88057,20" West along the north line of the northwest ~ orsald Section 12. for a distance ot'2646.45 Feet to the northwest corner of the northwest ,~ o£said Section 12; thence run South 00o45,07- East along the west line of'the northwest ,/, o£said Section 12, for a distance or 1319.36 feet to the northeast comer of'the southeast ½ o£the northeast ,/, of'Section I I. Township 48 South, Range 25 East: ' Words are deleted; Words u_nderlined are added. AGENDA ITEM No. JUN 2:-6 7001 thence run South 88'54'42" West along the north line et'the southeast ~ of'the northeast . ~ ofsaid Section i 1, for southeast ½ of'the ~bnheast ~ of said Section ! !; · thence run South 00'45'23" East along the west llne of'~e southeast of'said Section I 1, for a distance or 1320.39 £eet . ~ of the northeast ~ orsaid Section 1 !; to the so~tthwest comer of the ~uthea~ thence ru4 South 0°45,04- East along the west line et'the °f'sald Secti°n 11, f°r' dista~.~:t~:n ~;. n°nheast ~ et'the sou~e~st ~ ~ o~'the southeast ~ o~sald S I ! 73 £eet to Se southwest corner ortho northeast thence run South !!11o46,37, West along the noah line of'the s6uthwest ~ of'the southeast ~ of'said Section 11, for a distance of'132533 feet to the northwest comer of'the 'southwest ~ at'the southeast ~ of'said S~tlon i 1; . thence run South 00"45'3F' East along the west' ilne of'the southwest ~ of'the southeast ~ of'said Section.l !, t'or a distance or 13 . southeast ~ of'said Section t ,. 23 80 feet to the southwest c~, ....~'-- - thence run Noah ! I, f'ar a distance of'2650.25 feet to the northwest comer of'Section 13, Township 48 South, Range 25 East~ ' '" =~t amng the south line of'the southeast ~ of'said Section thence run South 00o43,28,, East along the west llne of'the northwest ~ of'said Section 13, f'or a distance of'67f60 feet to the southwest corner of'the northwest ~ of'the northwest ~ of'the northwest ~ orr, aid $~:tian 13: thence run Noah 811o311,13" East along the south line of'the northwest ~ et"the horthwest ~ o.~. the northwest ½ of,said Section 13, f,or a distance of,664.12 f'eet to the southeast corner of'the northwest ~ of'the northwest ½ of'the northwest ~ o£said Section 13; thence r~n North 00"4 l'4g" West along the east line at'the northwest ~ of'the northwest ~ of'the northwest ~ of'said Section ·!3, t'or a distance of'675.07 feet to the northeast corner of'the northw~t ~ of'the northwest ½ of'the northwest ~ al,said Section 13; thence run Noah 88°41 '00" East along the south line of'the soutl~west ~ of'Section 12, Township 48 South, Range 25 East, for a distance of' ig93.3 i £ect to the Point of' lacginning. Less and excepting theref,rom the Northwest of'said Section 13. · Containing 472 acres more or less. and; ZEH'NER PARCEL · Thc Northeast ½ of'the Northeast ~ o£Section I I, Township 48 South, Range 25 East, Collier Coumy, Florida, O. IL Rook 221 I, page ~O& Containing 40 acres more or le.~. and; .. ~ord~ 3 thrcu~h are d~]eted; words _underlined are added. AGENDA ITEM JUN 2001 WILSON 10 AC. PARC£~. Thc North ½ ortho North ½ ofthe Southw~t ~ ~ Sou~w~t ~ ~fS~t[o~ I !. Townsh¥ 48 Sout~ ~n8~ 25 ~ Col~ ~un~, Flodd~ C~ntalnlng ] 0 a~ more or I~ and; AMSTER PARCEL The South ½ ofthe North ½ ofthe Southwest ~ orthe Southwest ~ orS=ct|on 11, Township 48 South, Range 25 East, Collier County, Florida . Containing 10 acres more or less. and; PAGE PARCEL Thc Noah ½ oFt.he South ½ of the Southwest ~ o£the Southwest ~ ofSection l 1,' Township 48 South, Range 25 East, Collier County, Florida Containing lO acres more or less. thrcug~ are deleted; Words under/iRed are added. AGENDA ITEM JUN 2-6 2001 Description of Addition to Mediterra South CDD being a part of Section 12, Township 48 South, Range 25 East. Collier County, Florida All that part of Section 12, Township 48 South, Range 25 East. Collier County, Florida beine mort: particularly described as follows: Commencing at the southeast comer of said Section 123 thence along the east line of said Section 12, North 00°59'01 "West 200.00 feet to the Point of Beginning of the parcel herein described thence: thence leaving said Section line South 88°40'16'' West 2576.35 feet: thence North 58038'42'. West 55.56 feet: thence North 02°55'41" West 51.18 feet; thence North 00053'22'' East 168.77 feet~ thence North 00°04'47" East 782.63 feeV thence North 00051'30.' West 83.55 feet; thence South 88045'49'' West 50.00 feet to the north-south ¼ line of said Section 12; thence along said line North 00°51'12" West 1316.19 feet to the center of said Section 12: t. hence along the east-west ¼ line, North 88°51'44" East 1160.07 feet; thence leaving said east-west ¼ line and alone; the west line of that land described in O.R Book 2641, Page 3405, Public Records of Collier County, Florida, North 00°5Y36" West 657.34 feet to a point on the south line of the North ½ of the SW 2,4 of the NE xA of said Section 12; thence along said south line. North 88o54'36" East 165.65 feet to a point on the west line, of that land as described in O.R. Book 1439, Page 1770, Public Records of Collier County Florida: - ' thence alone; said west line North 00°54'01'' West 30.03 feet to a point on the south line of that land as described in O.R. Book 1952, Page 284, Public Records of Collier County. Florida: thence alone; said south line, South 88054'36'' West 1325.19 feet to the north-south 2,4 line of said Section 12; thence along said north-south ~,~ line, North 00o50'59" West 628.30 feet to the northwest comer of that land as described in O.R. Book 1952, Page 284. Public Records of Collier County, Florida and a point hereinafter referred to as Point "B"; thence along the north line of said land, North 88°55'21" East 1324.63 feet to the northwest corner of that land as described in O.R. Book 1439, Page 1770, Public Records of Collier County, Horida: thence along said line, North 88°55'21'' East 1059.38 feet to a point that is 265 feet west of as measured at right angles to the east line of said Section 12~ thence along said line South 00°57'34" East 657.27 feet; thence continue along said line South 00°58'26" East 656.84 feet to the east-west ¼ linc of said Section 12; thence along said line North 88°51'44" East 264.89 feet to the east ¼ comer of said Section 12; t..hence along the east line of said Section 12, South 00°59'1 I" East 2422.79 feet to the Point of Beginning of the parcel herein described: Containin~ 200.42 acres more or less ^GE,D^ 5 Words stracl: through are deleted; words underlined are added. JUN 2,6 2001 ALONG WITH QUINN PARCELS FURTHER DESCRIBED HEREON Beginning at the aforementioned Point "B": Thence South 88054'42'' West 662.19 feet; thence North 00°50'17" West 658.93 feet; thence North 88055'53.. East 662.05 feet: thence South 00050'59'' East 658.70 feet to the Point of Beginning of the parcel herein described; Containing 10.02 acres more or less Containing 210.44 net acres more or less Yates parcel not included Containing 0.91 acres more or less 6 are deleted; words underlined are added. A6END^ I'rEM JUN 2001 Attachment A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY PROPOSED AMENDMENT TO COUNTY ORDINANCE NO.99-67, PURSUANT TO SECTION 190.046, FLORIDA STATUTES, TO EXPAND MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT PETITION TO AMEND COLLIER COUNTY ORDINANCE NO. 99-67 TO EXPAND THE EXTERNAL BOUNDARIES OF THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT The BOARD OF SUPERVISORS of the MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT ("Petitioner" or "District"), by and through its undersigned attorney, petitions the BOARD OF COUNTY COMMISSIONERS IN AND FOR COLLIER COUNTY, FLORIDA ("County"), to adopt an amendment to County Ordinance No. 99-67 (ordinance establishing this state chartered District) to expand the total land area to be serviced by, and to amend the external boundaries of, the District, pursuant to section 190.046, Florida Statues (1999)("Fla. Stat." hereafter). In support thereof, Petitioner submits: 1. Petitioner, the Mediterra South Community Development District, is a uniform community development district created by statute and established by County Ordinance No. 99-67, its District Office is located at 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, Florida AGENDA ITEM NO. JUN 2001 34134-4395 and its Chair of the Board of Supervisors is Margaret Emblidge and its Manager is James Ward. 2. By County Ordinance #99-67, dated 14 September 1999, the District as created by the State was established on the proposed property and is in legal existence and good standing (herein as Exhibit "1A"). On the 14th day of December 1999 by County Resolution 99-449, the Board of County Commissioners of Collier County consented to the Mediterra South Community Development District exercising the additional granted powers of parks and recreation and security, a copy of said resolution attached as and incorporated herein as Exhibit "1B". On 10 April 200 I, petitioner adopted District Resolution 01-04 to authorize and require the manager and general counsel of the District to petition the Board of County Commissioners for Collier County for expansion, a copy of said resolution attached as and incorporated herein as Exhibit "1C." 3. The land to be added to the total area presently serviced by the District ("expansion land") is located in the unincorporated area of Collier County and is contiguous to the now-existing external boundaries of the District. A map showing the.location of the expansion land is attached as Exhibit "2." 4. A metes and bounds legal description of the existing external boundaries of the District and a metes and bounds legal description of the boundaries of the District as expanded are attached as Exhibit "3" in accordance with section 190.046(1)(a), Fla. Stat. There is no real property to be included within the boundaries of the District as expanded which is to be excluded from the jurisdiction of the District as expanded. 5. Attached as Exhibit "4" is documentation constituting written consent to the expansion of the District by the owners of one hundred percent (100%) of the real property herein 2 A(~ENDA ITEM NO, , JUN 2..6 ~001 sought to be included in the expanded land area serviced by the District in accordance with section 190.046(1)(e), Fla. Stat. The filing of this Petition by the Board of Supervisors constitutes the consent of all landowners residing within the current boundaries of the District as per section 190.046(1)(e.), Fla. Stat. 6. Further, in compliance with section 190.046(1)(f), Fla. Stat., the amendment of the external boundaries of the District as herein petitioned does not comprise (singularly and cumulatively) more than 50% of the District's initial service area and will not result in the addition of more than 500 acres total. 7. The proposed timetable for construction of any District systems, facilities and services in the expanded area the estimated costs of their construction and related matters are set forth herein as Exhibit "5." 8. The Collier County local government comprehensive plan is in effect and Collier County has adopted all mandatory elements of its Local Government Comprehensive Plan in accordance with requirements of the Local Government Comprehensive Planning and Land Development Regulation Act of 1985, as amended in 1986, and as amended and rule 9J-5, Florida Administrative Code, by and through passage of County Ordinance No. 89-05, Ordinance No. 92-34 and Ordinance No. 95-12, as amended. A. copy of the entire Collier County Comprehensive Plan, as amended, is in within the possession of the County and its staff so that accordingly, only the designation of the future general distribution, location and extent of public and private uses of land proposed for the area to be expanded, as according to the Collier County Future Land Use Plan Element, is set forth and attached hereto as Exhibit "6." 9. Petitioner acknowledges and confirms the Statement of Estimated Regulatory Costs AGENDA ITEM ("SERC") of the granting by the County of the petition to establish the District and Petitioner determines and affirms that, since the date of establishment, there is no basis from this expansion to change the Statement as required by section 190.046(1)(a)1., Fla. Stat., attached as Exhibit "7." 10. Petitioner acknowledges certain legal and policy points regarding the Collier County Water-Sewer District and related matters, as set forth in the official Acknowledgment attached to the Petition as Exhibit "8", and incorporated herein by reference as if fully set forth, which Acknowledgment will legally remain applicable to the District as expanded. 11. Prior to the filing of this Petition, the Petitioner submitted a copy of this Petition, together with the required fee of $1,500.00 to County. These actions were undertaken in order to provide County opportunity to exercise rights under section 190.046(1)(d)3., Fla. Stat. WHEREFOR, Petitioner respectfully requests the County to: A. Direct its staff to notice, as soon as practicable, a local, public, non-emergency and information-gathering and ordinance heating pursuant to the requirements of section 190.005(2)(c), Fla. Stat., on the subject of whether to grant this Petition to amend County Ordinance No. 99-67 to expand the external boundaries of the Mediterra South Community' Development District. B. Grant this Petition and adopt the amendment to expand the boundaries of the Mediterra South Community Development District pursuant to section 190.046(1)(d)5., Fla. Stat. 4 AGENDA ITEM NO.- JUN gO 2001 APPROVED FOR SUBMISSION TO COUNTY: Dat~ Mediterra South Community Development District RESPECTFULLY SUBMITTED AND FILED to Co~(~ this ']~'~ay of .~.', 2001. Fl~~iNo.: 158829 DANIEL H. COX, ESQ. Fla. Bar I.D. No.: 0146420 Attomeys for Petitioner:. Young, van Assenderp, Vamadoe & Anderson, P.A. 225 South Adams Street, Suite 200 P.O. Box 1833 Tallahassee, Florida 32302 (850) 222-7206 SunTrust Building 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 597-2814 CERTIFICATE OF SERVICE foregoing "Petition provided to MR. DA lier County Attorney, 3301 East Tamiami Trail, Daniel H. Cox, Esq. 5 AGENDA ITEM NO. JUN g0 ?001 CERTIFICATE OF SERVICE I HEREBY CERTIFY that one original and nine (9) true and correct copies of the foregoing "Petition for Expansion of the Mediterra South Community Development District" were provided to MR. DAVID WEIGEL, ESQ., Collier County Attorney, 3301 East Tamiami Trail, Naples, Florida 34112; and five (5) true and correct copies were provided to MR. JOHN DUMMUCK, Interim Administrative Director, Community De.~elopment angl En, vironmental Services, 2800 N. Horseshoe Dr., Naples, Florida 34112 this the ~27~L''~ day of_tq~a~t/q , 2001. Dan'i'el MI ~dx, Esq. Attorney for Petitioner: Young, van Assenderp, Vamadoe & Anderson, P.A. 225 South Adams Street, Suite 200 P.O. Box 1833 Tallahassee, Florida 32302 (850) 222-7206 SunTrust Building 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 (941) 597-2814 6 AGENDA ITEM JUN g$ 7001 EXHIBIT 1-A AGENDAITEM No. JUN 2,-6 2001 ORDINANCE NO. g~- 67 AN ORDINANCE ESTABLISHING ~ MEDI~ SOUTH COMMUNITY DEVELOPMENT DISTRICT; DESCRIBING TI-I~ EXTERNAL BOUNDAR~S OF ~ DISTRICT; NAMING TI~ INITIAL lVi~MBERS OF THE BOARD OF SUPEKVISORS; ~AM1NG ~ DISTRICT; PROVIDING FOK CONFLICT AND SEVERABILITY; PROVIDING FOK INCLUSION IN TH~ CODE OF LAWS AND ORDINANCES; AND BY PROVIDING AN EFFECTIVE DATE. -~erk m O~a~ WHEREAS, Long Bay Partners, L.L.C. has petitioned the board of County Commissioners to establish the MEDITERRA SOUTH COMITY DEVELOPMENT DISTRICTi and V~REAS, the Board of County Commissioners, after proper published notice conducted a public hearing on the petition as required by law and determined the following: 1. The petition is complete in that it meets the requirements of Section 190.005 (1) Florida Statutes; and ali statements contained within the petition are true and correct. 2. Establishment of the proposed district is not inconsistent with the local Comprehensive Plan of Collier County and is not inconsistent with the State Comprehensive Plan. 3. That the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one fimctional interrelated community. 4. That the district is the best alternative available for delivering community development services and facilities to thc area that will be serviced by the district. S. That the community development services and facilities of the district w/Il not be incompatible with the capacity and uses of existing local and regional commtinity development services and facilities. 6. That the area will be served by the district is amenable to separate special district government; and WHeReAS, It ,s the policy of the State, as prov/ded in Section 190.002 (2) (~.~lo~.~a general law comply vath all applicable governmental laws rule- ----' ..... .r,;?-.) , ~, ,=l/u,auons, ann po~ govermng plamung and permitting of the development to be served by the district, t~_~'..~r~&at neither the establishment nor operation of such district is a development order under~h"/pte~380, Florida Statutes, and that the district so established does not have any zoning or permitting powers governing development; and EXHIBI~ 1-A JUN WHEREAS, Section 190.044 (3), florida Statutes, provides that all governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district; and that a district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of local general purpose government; and · WHEREAS, pursuant to Section 190.012, Florida Statutes, the district's special powea are subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies and special districts having authority with respee~ to any area included therein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: AUTHORITY FOR ORDINANCE This Ordinance is adopted pursuant to Section 190.005 (2), Florida Statutes, and other applicable provisions of law governing county ordinances. SECTION 'UWO: ESTABLISHMENT OF THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT. The Mediterra South Community Development District is hereby established within the boundaries of the real property described in Exhibit "A" attached hereto and incorporated by reference herein. SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS The following five persons are herewith designated to be the initial members ofthe Board of Supervisors: Ed Rogers Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard, SW, Suite 202 Bonita Springs, FL 341344395 Margaret Emblidge Bonita Bay Properties, Inc, 3451 Bonita Bay Boulevard, SW, Suite 202 Bonita Springs, FL 341344395 Grady Miars Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard, SW, Suite 202 Bonita Springs, FL 341344395 SECTION FOUR: DISTRICT NAME Charley Nevaril Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard, SW, Suite 202 Bonita Springs, FL 341344395 Tim Tonachio Bonita Bay Properties, Inc. 3451 Bonita Bay Boulevard, SW, Suite 202 Bonita Springs, FL 341344395 The community development district herein established shall henceforth be known as the Mediterra South Community Development District. -2- AGENDA ITEM JUN 2 6 ; 001 SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT The Mediterra South Community Development District shall be governed by the provision ~fChapter 190, Florida Statutes. SECTION SIX: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictiv~ 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 holdinl~ shall not aife, ct the validity ofthe remaining portion. SECTION SEVEN: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall became and be made a part ofthe Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION EIGHT: EFFECTIVE DATE: This '~)rdinance shall become effective upon filinl~ with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /q/~ day of ~ ,1999. .~, .i '~l~'.~,;l[~).:.:;;i...:~ BOARD OF COUNTY COMMISSIONERS COLL" R COUN'r¥, FLO U)A . ~'; ;/r,/: ,' ----':,~,l~.!..~",".' _/.. BY: · ,; .. ~. ,.~.~_~... . ,. ~,'~ ~. signature o.I$o 'als ordinance filed with the Approved as to Form and Legal Sufficiency Heidi Ashton Assistant County Attorney /~.ecretary of ~ate's Office the day of ...~, and acknowledgement of that f?inarece,~ived .~I_s_~L~- ~y Sl. Jmk/[:~comp plan/ORD. -3- AGENDA ITEM . JUN 2 6 2001 Exhibi~ "A" o MEDITERRA SOI.rTH CDD PIPER PARCEL (Collier County) The north half(N½) of the west half(W½) of thc west half Oy½) of Section 11, To .wpship 48 South, l~langc 25 East, Collier County, Florida Containing 80.57 acres more or less. and; KHACHANE PARCEL North ~ of the fiorih ½ of the northwest ~ ofthe southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and; KHACHANE PARCEL North ½ of thc south ½ of thc northwest ~ of thc southwest ~ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing ! 0.09 acres more or less. and; MONTANUS PARCEL The south ½ of thc north ½ ofihe northwest ½ of the southwest V, ofSection ! It Township 48 South, Range 25 East, Collier County, Florida. Containing 10.09 acres more or [ess. and; STAPLETON PARCEL Thc south ½ ofthe south ½ of the northwest ~ ofthe southwest ½ ofScction I l, Township 48 South, Range 25 East, saving and reserving the west 50 feet thereof for roadway purposes for ingress and egress of grantors and grantees and adjacent property owners. ' Containing 10.09 acres more or less, and; DYNABEL PARCEL The Southeast ¼ of the Southwest ¼, less thc South 30 £eet thereof, of Section 1 !, Township 48 South, Range 25 East, Collier County, Florida. and; DYNABEL PARCEL continued The Southeast ¼ of the Northwest ½; The Southwest ¼ o£ the Northeast ¼; The Northwest ¼ of thc Southeast ¼; and the Northeast ~ of thc Southwest ½; Less thc Nonh AGENDA ITEM NO. JUN 2 6 2001 Containing ! 95 acres more ~.. ,ess. and; FIDELITY PARCI~L The North ½ of the Southwest ~4, of'the Northeast .4 of the Southwest .4 of Sect|on l i, Township 48 South, Range 25 East, Collier County, Florida Containing 5 acres more or less. and; VOGEL PARCEL ~ The Northeast .4 of'the Northwest ½ and the Northwest ~4 ofthe Northeast ½ or Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 80.40 Acres more or less. and; . LIVINGSTON PARCEL A parcel oFland located in Sections 11, 12 and 13, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Beginning at the southeast corner cf[he southwest .4 off Section 12, Township 48 South, Range 25 East, Collier County Florida; thence run North 00°52,07" West along the east line off said southwest ~4 off Section 12, for a distance off2631.75 feet to the center offsaid Section 12; . thence continue Noah 00o$2,07,, West along the east line off[he southeast .4 orthe norU~west '4 offsaid Section 12, for a distance of 131&.77 feet to the northeast corner 0t' t.he southeast ~4 ofthe northwest .4 of said Section 12: ' thence run South 88°$4,06- West along the south linc'of the southeast ½ ot'lhe northeast ¼ of the northwest ½ ofsaid Section 12, for a distance of 662.28 feet to the southwest Comer of the southeast .4 of'the northeast ½ of[he northwest .4 oFsaid Section 12; thence run North 00050,22" West along the west line of'the southeast ~4 of the northeast .4 o~'the northwest ½ ofsaid Section 12, for a distance off658.71 feet to lhe northwest corner of the southeast .4 o~rthe nonheas[ .4 of[he northwest .4 offsald Section 12; thence run North 88°$5,45,, East along the north line of the southeast '4 orthe northeast '4 off the northwest ~4 ofsaid Section 12, for a distance off661.95 feet to the northeast corner or'the southeast ~4 o~'the northeast .4 of the northwest .4 offsaid Section 12; thence run North 00°$2,07- West along the east line of'the northwest .4 ofsaid Section 12, for a distance of658.39 ~'eet to the northeast corner of'the northwest ¼ ofsaid Section 12; thence run South 88°.57,20,, West along the noah line orthe northwest .4 of said Section 12, for a distance off2646.45 feet to the northwest corner or[he northwest .4 orsaid Section 12; thence run South 00°45,07" East along the west line of'the northwest .4 of'said Section 12, for a distance of' 1319.36 feet to [he northeast comer off[he southeast ¼ off[he northeast ¼ oFSection I I, Township 48 South, Range 25 East; AGENDA ITEM NO. ,, 6 2001 thence run South 88o$4,42,, West along the noah line of'the southeast ~ of'the northeast . ½ of'said Section l l, for a distance of' 1325.63 feet to the northwest corner of'the southeast ½ of'the northeast ½ ofsaid Section ! i; · thence run South 00=45,23,, East along the wast line of'the southeast ~ of'the northeast ~ of'said Section ! i, for a distance of' 1320.39 feet to the southwest corner of'the southeast % of thc northeast ~ of'said Section 1 i; thence ru~ South 0°45.04- East along the west Line o.f'the northeast ~ of'the southeast ~ of.said Section I 1, for a distance o . ~ of'the southeast ~ o~.a,d Sectl~ni~;l 73 '.t to th. southwest corner of'th, northeast thence run South 88°46,37" West along the north line of'the southwest ,~ of'the southeast ~ of' said S ection 11, t'or a distance of' ! 325,33 £eet to the northwest corner of' the southwest ~ of.the southeast ~ of'said Section 11; thence run South 00°45,;39,, East along thc west' line of'the southwest ~ of'the southeast ¼ of'said Section .1 I. for a distance of 1323.80 feet to the southwest corner of'the southeast ~ of'said Section I 1; thence run North 88o41,15- East along the south line of'the southeast ~ of.said Section 11, for a distance of'2650.25 feet to the northwest corner of'Section 13, Township 48 South. Range 25 East: thence run South 00°43,28" East along the west line orthe northwest ½ of'said Section 13, £or a distance or~s'/5.~so feet to the southwest corner of'the northwest ~ of'the northwest ~ ofthe northwest ½ et'said Section 13: thence run Noah 88o38,13,, East along the south line et'the northwest ½ of'the horthwest ¼ o~. the northwest ~,,~ of'.said section 13, for a distance erases4.12 feet to the southeast corner of'the northwest ~A orthe northwest ½ ofthe northwest ~ of'said Section 13; thence r~n North 00°41'49" West along the east line of'the northwest ½ of'the northwest ~ et'the northwest ½ of'said Section 13, f'or a distance of'&75.07 feet to the northeast corner of'the northwest ½ ofthe northwest ~ of'the northwest ~ of'said Section 13; thence run North 88°41 '00" East along the south line of the soutl~west ~ of'Section 12, Township 48 South. Range 25 East, for a distance of' i 993.31 feet to the Point or Beginning. Less and excepting therefrom the Northwest ½ of'the Northwest ½ of'the Northwest ½ of'said Section 13. Containing 472 acres more or less. and; ZEHNER PARCEL The Northeast 'A of'the Northeast '~ of'Section I l. Township 48 South. Range 25 East, Collier Cot, ney, Florida, O.R. Rook 221 I, page 606 Containing 40 acres more or less. and; .. AGENDA ITEM NO. JUN 2 6 2001 WILSON 10 AC. PARCEl. The North ½ o['the North ½ ortho Southwest 14 ot'the Southwest 14 o['Section ! !. Township 48 South, Range 25 F~t, Collier County, Florid,, C.ontaining 10 acr~ more or less. and; AMSTER PARCEL The South ½ of'the Noah ½ of the Southwest !4 ortho Southwest ~4 of'Section i 1, Township 48 South, Range 25 East. Collier County, Florida Containing i0 a;rcs more or loll. ~nd; PAGE PARCEL The North ½ oft.he South ½ ortho Southwest ½ ortho Southwest ½ ofSection 1 I,' Township 48 South. Range 25 East, Collier County. Florida Containing 10 acres more or less. AGENDA ITEM JUN 2- 6 ZQQ1 3TATE OF FLORIDA) :OUNTX OF CO~,,,I~,R) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Iudicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINA/~CE NO. 99-67 Which was adopted by the Board of County Co~issioners on 14th day of Septe~er, 1999, durin~ Regular Session. WI~ESS my hand and the official seal of the Board of Count~ Co~issioners of Collier County, Florida, this 15th day of S'epte~er, 1999. County Commis s ioner~i'.{,~i~ Deputy Clerk . .~ ,:,.,.,.!~< AGENDA ITEM No. - JUN 2-6 ~001 EXHIBIT 1-B AGENDA ITEM JUN 2 6 2001 ~t~SOLUTION NO. 99- 449 A RESOLUTION RELATING TO THE MEDITERRA SO~TH COMMUNITX DEVELOPMENT DISTRICT BX CONSENTING TO THE DISTRICT' S EXERCISE ' OF SPECIAL POWERS RELATING TO PARKS AND RECREATION AND SECURITY. WHEREAS, the Me~iterra South Community Oevelopment District. was established on September 14, 1999, by Ordinance No. 99-67 which became effective on September 16, 1999; and . WHEREAS, the Board of Supervisors of the Mediterra South Community Development District ("District") has requested the consent of Collier County to exercise certain additional special powers pursuant to Section 190.01212), Florida Statutes; and WHEREAS, the District's Board of Supervisors has requested that Collier County consent to the exercise of special powers relating to parks and recreation and security; and WHE~EAS, Collier County has reviewed the District Board of Supervisors' request.' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNT~ COMMISSIONERS OF COLLIER COUNTI, FLORIDA, that: SECTION ONE: The Mediterra South Community Development District is governed by the provisions of Chapter 190, Florida Statutes. Additionally, the Board of County Commissioners of Collier County, Florida, hereby consents to the Board of Supervisors of the Mediterra South Community Development 0istrict exercising the following special powers in accordance with Section 190.012(2}, Florida Statutes, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for: (a) Parks and facilities for indoor and outdoor recreational, cultural and educational uses. (b) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the District boundaries. Consent to exercise the above powers by the Board of County' Commissioners in no way implies that Collier County has any obligation or responsibility to ensure that these special powers are exercised by the District nor any liability in regards to the District's exercise of these special powers. EXHIBIT 1-B AGENDA ITEM NO. SECTION TWO: EFFECTIVE DATE This Resolution shall become effective upon affirmative vote of a majority of the County Commission at a duly noticed public hearing. PASSED AND DULX ADOPTED by the Board of County Commissioners of Collier County, F~orida, this /~ day of ~ , 1999 ..... ~'f~'.r:r~.~r.'~ .... BOARD OF COUNTY COMMISSIONERS .-"'.. ,f' '. .... ~" ~:' ' '~i c.;.," ?'., OF ~z nD,hA ) '"'. '.":'~:iF~'~'i~lli:;~'~~''~'u''k'~' cle~. ". . - · . . ~$t~ .~i' ~ ~h,t~N'~amela S' Mac' Kie, Cyairwoman · :"-:';."% %.'i:>' ," ,- f ~1~. / · an~.z,~..~a,1- .sufficiency: Heidi ~. "~s~ton- Assistant County Attorney G: \usmrs~dhc\rba\Mediterra South CDD\Resolut£on 111299 AGENDA ITEM No. JUN 2.6 2001 EXHIBIT 1-C A(~ENDA ITEM JUN g-6 2..001 RESOLUTION 2001-4 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE MEDITERRA SOUTH COMMUNITY DEVEI~OPMENT DISTRICT AUTHORIZING AND IMPLEMENTING THE REQUIREMENTS FOR FILING A PETITION WITH THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY TO EXPAND THE BOUNDARIES AND JURISDICTION OF THE DISTRICT; PROVIDING FOR CERTAIN REQUIREMENTS IMPLEMENTING SECTION 190.046(1), FLA. STAT. WHEREAS, the Mediterra South Community Development District was created by law and established by ordinance, duly and validly, and is in good legal existence and standing; and WHEREAS, the members of the Board of Supervisors of the Mediterra South Community Development District require expansion in the immediate future of additional acreage within the boundaries and jurisdiction of the District in order to provide better service to the landowners, both existing and future, and ultimate residents and citizens of the District; and WHEREAS, the addition of this acreage will enable the District to facilitate its management and financing services as limited and restricted by its state created charter; and WHEREAS, time is of the essence; and WHEREAS, the law provides an expedited mechanism by which the land area and jurisdiction of the District may be expanded; and WHEREAS, it is important to have a team of professional consultants to assist the District Manager and the General Counsel in this expansion process. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT: 1 EXHIBIT 1-C AGENDA ITEM JUN 26 2001 1. The District Manager and General Counsel are authorized and instructed forthwith and immediately to proceed to petition Collier County for expansion under seetion 190.046(1), Fla. Stat., of the boundary and jurisdiction of the Mediterra South Community Development District. 2. That in the process the General Manager and the General Counsel shall recommend and help form the members and consultants of an eXpansion team, prepare the petition and its attachments, arrange for the filing of appropriate fees, coordinate the noticing and the conduct of related hearings and otherwise prepare for the administrative process resulting in the policy decision to expand the boundaries and jurisdiction of the District. 3. It is the express intent of the members of the Board of Supervisors of the District that all proper notices and disclosures will be of paramount importance including consents from applicable land owners. 4. It is determined expressly that this matter is urgent and that time is of the essence. 5. This Resolution shall take effectively immediately. PASSED AND ADOPTED this 9th day of April 2001. ATTEST BOARD OF SUPERVISORS OF THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT Chairman 2 AGENDA ITEM JUN 2-,6 2001 AGENDA iTEM JUN g 6 2001 WilspnMiller New Direc#u,,~ In Planning, Design & Engineering Description of Addition to Mediterra South CDD being a part of Section 12, Township 48 South, Range 25 East, Collier County, Florida All that part of Section 12, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the southeast corner of said Section 12; thence along the east line of said Section 12, Nqrth 00°59'01"West 200.00 feet t° the Point of Beginning of the parcel herein described thence; thence leaving said Section line South 88°40'16" West 2576.35 feet; thence North 58038'42" West 55.56 feet; thence North thence North thence North thence North thence South thence along 12; thence 02°55'41' West 51.18 feet; 00°53'22" East 168.77 feet; 00°04'47" East 782.63 feet; 00°51'30" West 83.55 feet; 88045'49" West 50.00 feet to the north-south ¼ line of said Section 12; said line North 00°51'12" West 1316.19 feet to the center of said Section along the east-west ¼ line, North 88°51 '44' East 1160.07 feet; thence leaving said east-west ¼ line and along the west line of that land described in O.R. Book 2641, page 3405, Public Records of Collier County, Florida, North 00053'36'' West 657.34 feet to a point on the south line of the North ½ of the SW ¼ of the NE ¼ of said Section 12; thence along said south line, North 88054'36" East 165.65 feet to a point on the west line of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said west line North 00°54'01" West 30.03 feet to a point on the south line of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida; thence along said south line, South 88054'36" West 1325.19 feet to the north-south ¼ line' of said Section 12; thence along said north-south ¼ line, North 00°50'59'' West 628.30 feet to the northwest corner of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida and a point hereinafter referred to as Point "B"; thence along the north line of said land, North 88°55'21' East 1324.63 feet (o the northwest corner of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Flodda; thence along said line, North 88°55'2t" East 1059.38 feet to a point that is 265 feet west of as measured at right angles to the east line of said Section 12; thence along said line South 00"57'34" East 657.27 feet; : thence continue along said line South 00058'26" East 656.84 feet to the east-west ¼ line of said Section 12; thence along said line North 88°51 '44" East 264.89 feet to the east ¼ corner of said Section 12; thence along the east line of said Section 12, South 00°59'11" East 2422.79 feet to the Point of Beginning of the parcel herein described; Containing 200.42 acres more or less ALONG WITH QUINN PARCELS FURTHER DESCRIBED HEREON 6/6/01-89682 Vec. 0ti- DRAMOS 02934-000~?.8-- 0 Naples - Fart Myers ,~. Sarasote ~- Bredeaton ,~ Tampa 3200 Bailey Lane, Suite 200 ~ Naples, Florida 34105-8507 ~, 941-649-4040 ~ 941-643-5716 www. wilsonmlller. AGENDA ITEM JUN g-'6 Z001 WilspnMiller Beginning at the aforementioned Point "B'; Thence South 88°54'42" West 662.19 feet; thence North 00°50'17" West 658.93 feet; thence North 88°55'53'' East 662.05 feet; thence South 00°50'59" East 658.70 feet to the Point of Beginning of the parcel herein described; Containing 10.02 acres more or less Containing 210.44 net acres more or less Yates parcel not included Containing 0.91 acres more or less Certificate of authorization #LB-43. WilsonMiller, Inc. Reg.~'~T E,~gin,eers and Land Survey°rs . Boutwell, P.S.M. #3934 Ref. 4L-1530 Not valid unless embossed with the Professional's seal. Revised 6/6/01 Date 6~/~1- ~9682 V~':. 01!- DRAMO,S 02~34-000.,~26- - 0 AGENDA ITEM NO. JUN 2001 EXHIBIT 2 AGENDA ITEM JUN ~- $ ZOO1 BONITA FORT MYERS CORP. GREYHOUND iNDUSTRIAL PARK II (UNDEVELO~ LA~) "~4~R'E ARE NO UTILITIES WITHIN BOUNOARY. THE STRUCTURE SH0 PROPOSED. · ~ AGENDA ITEM -~E CDI~°- JUN 2-.6 2001 PROJECT: MEDITERRA SOUTH CDD '"~.~T: LONG BAY PARTNERS, INC. EXHIBIT AREAS TO BE EXPANDED SCALE: 1" = 2000' SEC: TWP: PROJECT NO. 02934-012-O01-GCCDD O~WN GGP/1401 IDATE: 04/06/01 REV NO: INDEX NO: SHEET NO: 3 or 3 EXHIBIT 3 AGENDA ITEM JUN 3',$ 2001 A(~ENDA ITEM JUN 2-$ 2001 Wiis nMiller New Dlrectlu,,$ In Planning, Design & Engineering Description.of Addition to Mediterra South CDD being a part of Section 12, Township 48 South, Range 25 East, Collier County, Florida thence thence thence thence thence thence thence 12; thence All that part of Section 12, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Commencing at the southeast corner of said Section 12; thence along the east line of said Section 12, Nqrth 00°59'01"West 200.00 feet t° the Point of Beginning of the parcel herein described thence; thence leaving said Section line South 88°40'16" West 2576.35 feet; North 58°38'42" West 55.56 feet; North 02°55'41" West 51.18 feet; North 00°53'22" East 168.77 feet; North 00°04'47" East 782.63 feet; North 00°51'30" West 83.55 feet; South 88°45'49" West 50.00 feet to the north-south ¼ line of said Section 12; along said line North 00°51'12" West 1316.19 feet to the center of said Section along the east-west ¼ line, North 88°51'44" East 1160.07 feet; thence leaving said east-west ¼ line and along the west line of that land described in O.R. Book 2641, page 3405, Public Records of Collier County, Florida, North 00°53'36" West 657.34 feet to a point on the south line of the North % of the SW ¼ of the NE ¼ of said Section 12; thence along said south line, North 88°54'36" East 165.65 feet to a point on the west line of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said west line North 00°54'01" West 30.03 feet to a point on the south line of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida; thence along said south line, South 88°54'36" West 1325.19 feet to the north-south ¼ line' of said Section 12; thence along said north-south'¼ line, North 00°50'59" West 628.30 feet to the northwest comer of that land as described in O.R. Book 1952, page 284, Public Records of Collier County, Florida and a point hereinafter referred to as Point "B"; thence along the north line of said land, North 88°55'21" East 1324.63 feet ko the northwest corner of that land as described in O.R. Book 1439, page 1770, Public Records of Collier County, Florida; thence along said line, North 88°55'21" East 1059.38 feet to a point that is 265 feet west of as measured at right angles to the east line of said Section 12; thence along said line South 00~57'34" East 657.27 feet; thence continue along said line South 00°58'26" East 656.84 feet to the east-west ¼ line of said Section 12; thence along said line North 88°51 '44" East 264.89 feet to the east ¼ corner of said Section 12; thence along the east line of said Section 12, South 00°59'11" East 2422.79 feet to the Point of Beginning of the parcel herein described; Containing 200.42 acres more or less AGENDA ITEM ALONG WITH QUINN PARCELS FURTHER DESCRIBED HEREON '8~&'~to a0~82 Ve~. 011- DRAMOS ~.0 Naples .. Fort Myers: Sarasota ~, Bredeeton ~ Tampa 3200 8a//ey Lane, Su/te 200 ~ Nap/es, F/odda 34105-8507 ~, 941-649-4040 ~ 941-643-5716 wv/w. wil$onmlller. JUN 6 ZOO1 Pg .... /7// WilsOnMiller Beginning at the aforementioned Point "B"; Thence South 88°54'42" West 662.19 feet; thence North 00°50'17" West 658.93 feet; thence North 88.°55'53'' East 662.05 feet; thence South 00°50'59" East 658.70 feet to the Point of Beginning of the parcel herein described; Containing 10.02 acres more or less Containing 210.44 net acres more or less Yates parcel not included Containing 0.91 acres more or less Certificate of authorization #LB'43. WilsonMiller, Inc. Reg.~J~ ~gin.eers and Land Surveyors ~1, P.S.M. #3934 Reft 4L-1530 Not valid unless embossed with the Professional's seal. Revised 6/6/01 Date '~'//~'// 0~01- 80e82 V~c 011- DRAUO$ O29S4-000-02~ · 0 AGENDA ITEM NO. JUN 2-'6 ZOO1 Wil nMiller New Directions In Planning, Design & Engineering Description of South CDD - Mediterra, being a part of Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida All that part of Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows: Beginning at the northwest corner of said Section 11; thence along the north line of the northwest ¼ of said Section 11, North 88057'57'' East 2652.50 to the north ¼ corner of said Section 11; thence along the north line of the northeast ¼ of said Section 11, North 88°56'51" East 1325.45 feet; thence continue along said line, North 88°58'01'' East 1325.67 feet to the northeast corner of said Section 11; thence along the north line of the northwest ¼ of said Section 12, North 88058'39'' East 2646.95 feet to the north ¼ corner of said Section 12; thence along the north and south ¼ section line, South 00050'59" East 658.26 feet; thence leaving said north and south ¼ section line along the north line of the north ¼ of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12, South 88055'53" West 662.05 feet; thence leaving said line, South 00°50'17" East 658.93 feet to the south line of the south ¼ of the southeast 1/4 of the northeast ¼ of the northwest ¼ of said Section 12, North 88o54'42" East 662.19 feet to the north and south ¼ section line of said Section 12; thence leaving said south line of the south % of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12 along said north and south ¼ section line, South 00050'59'' East 1316.64 feet to the center of said Section 12; thence continue along said line, South 00°51"12" East 1316.19 feet; thence continue along said line, South 00o51'30" East 1315.48 feet to the south ¼ corner of said Section 12; thence leaving said north and south ¼ line of said Section 12 along the south line of said Section 12, South 88°41'20" West 2659.45 feet to the southwest corner of said Section 12; thence along the south line of said Section 11, South 88°41'20" West 2650.25 feet; thence leaving said section line, North 00°41'40" West 30.00 feet; thence South 88044'40'' West 1325.31 feet; thence North 00030'44" West 300.04 feet; thence South 88047'43'' West 1324.49 feet to the west line of said Section 11; thence along said west section line, North 00048'28'' West 2323.27 feet to the west ¼ corner of said Section 11; thence continue along said west line of said Section 11, North 00o44'37" West 2646.87 feet to the Point of Beginning of the parcel herein described; Subject to easements and restrictions of record. Containing 944.04 acres more or less. Naples Fort Myers Sarasota Bradenton Tampa 3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 941-649-4040 ~ 941-643-5716 www. wilsoflmiller, corn AGENDA ITEM JUN 2-6 2001 WilspnMiiler Bearings are based on the west line of said Section 11 being North 00043'24'' West. Certificate of authorization #LB-43. WilsonMiller, Inc. Registered Engineers and Land Surveyors '~'.S.~M. #3934 Date Rett-----~- 1558 Not valid unless embossed with the Professional's seal. A(3ENDA ITEM JUN 2 6 2001 AGENDA iTEM JUN g~'6 2001 EXHIBIT 4 AGENDA ITEM No. JUN 2--6 ZOO1 EXHIBIT 4 LANDOWNER'S CONSENT TO INCLUSION OF PROPERTIES WITHIN THE EXPANDED BOUNDARIES OF THE MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT Long Bay Partners, LLC, a Florida limited liability company, hereby certifies that it is the owner or controller of certain property located in Collier County and more particularly described as follows: See Exhibit 'A' attached hereto and hereby incorporated by reference By signing below, Long Bay Partners, LLC, as owner, or controller of the above-described property proposed to be included in the MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT ("District"), as evidenced in the deed records of Collier County, hereby gives full consent to the establishment of the District by Collier County ordinance in accordance with section 190.005, Florida Statutes, and consents to the inclusion of its property within the proposed boundaries of said District. IN WITNESS WHEREOF, I hereunto set my hand this I C) day of O~ ,2001. Long Bay Partners, LP, a Florida limited liability partnership By: Bonita Bay Properties, Inc., a Florida corporation as its managing member Sus~m H. Watts', Vi~e president STATE OF FLORIDA COUNTY OF LEE The foregoing instrument was acknowledged before me this/_~.~ay of April, 2001, by Susan H. Watts, as Vice President of Bonita Bay Properties, Inc., a Florida corporation, as managing member of,~,,Long Bay Parnters, LLC, a Florida limited liability company, on behalf of the company. She is [_q'personally known to me, or~s produccd as ider, ti~¢at-ion. (Notary (Printed Name of Notary Public) AGENDA ITEM ldo. ~ JUN 2-6 2001 Exhibit: "~*' . MEDITERRA SOUTH CDD PIPER. PARCEL (Collier County) The north half(N½) of thc west half(W½) of the west half(W½) oi'Section 11, To .w~ship 48 South, l%ange 25 East, Collier County, Florida Containing 80.f7 acres more or less. and; ICI'tACHANE PARCEL North ½ of thc t~orth ½ of the northwest ~ of the southwest ~ of Section ! I, Township 41~ South, Range 25 E~t, Collier County, Florida Containing 10.09 acres more or less. and; ICHACHANE PARCEL North ½ of thc south ½ of the northwest ~ of the southwest ~ of Section l !, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and; MONTANUS PARCEL The south ½ of thc north ½ or'the northwest ~ ortho southwest ~ of Section I It Township 48 South, Range 25 East, Collier County, Florida. Containing 10.09 acres more or less. and; STAP. LETON PARCEL The south ½ ortho south ½ ortho northwest ~ ortho southwest ~ of'Section 11, Township 48 South, Rani~c 25 East, saving and reserving thc west 50 £cct thercof for roadway purposes for ingress and egress of grantors and grantees and adjacent properly owners. · Containing 10.09 acres more or less. and; ' DY'NABEL PARCEL Thc Southeast ~ of the Southwest ~, less the South 30 feet thereof', of Section 1 !, Township 48 South, Range 25 East, Collier County, Florida. and; DYNABEL PARCEL continued The Southeast ~ of thc Northwest ~; Thc Southwest ~ of thc Northeast ½; The Northwest ~ of the Southeast ~; and thc Northeast ~ of thc Southwest ~; Less thc North Words atr'_'ck thrcugh are deleted; words underlined are ~d d'~'"-~ffiENDA ITEM NO. Containing ! 95 acres more and; FIDELITY PARCI~L The North ½ of the Southwest ~, ortho Northeast ~ ortho Southwest ~ ofSection 1 I, Township 48 South, Range 25 East, Collier County, Florida Containing 5 acres more or less. and; VOGEL PARCEL · The N0aheast ~ oFthe Northwest ½ and thc Northwest ~ oFth= Noah=est ~ of Section 11. Township 48 South. Range 2.5 East, Collier County, Florida. Containing 80.40 Acres more or less. and; . LIVINGSTON PARCEL A parcel o£1and located in Sections 1 !, 12 and 13. Township 48 Soulh, Range 25 East, Collier County, Florida, being more Particularly described as follows: Beginning at the southeast comer of the southwest ,~ et'Section 12, Township 48 South, Range 25 East. Collier County Florida; th=nc= run Noah 00°52,07" West along the east llne orsaid southwest ~ orS=etlon 12, for a distance of 2631.75 feet to the center of said Section 12; thence continue Noah 00o.~2,07. West along the east line of'the southeast ,~ of the northwest ,~ et'said Section 12, for a distance of 1316.77 feet to the northeast comer the sour.beast ,~ of the northwest ½ ot'sa:J ,. .... ._ . thence run Sn,,,k aaoe,,....... . ~u oCCtlon ........ · ,'~ uo West along the south line ortho southeast ½ ortho northeast '~ of the norlhwest ½ et'said Section 12, for a distance of 662.28 feet to the southwest corner et'the southeast ~ of th= northeast ½ ortho northwest ,/, ofsaid Section 12; thence run Noah 00°50,22" W~t along the west line of the southeast ~ of the norlheast ~ of the northwest ½ of said Section 12, for a distance of 658.71 feet to the northwest corner of the southeast ½ of the norlheasi ½ et'the norlhwest ~ ofsaid Section 12; thence run Noah 88°$$,45,, East along the noah line of the southeast ~ of the northeast g of the northwest g of geld Section 12, for a distance of66135 feet to the northeast corner of the southeast ~ ortho northeast ~ of the northwest ~ ofsaid Section 12; thence run Noah 00°52,07.. West along the east lin= of the northwest ~ ofsaid Section 12, for a distance ot'658.39 feet to Ih= northeast corner o£the northwest ~ orsaid Section 12; thence run South 88o57,20.. West along Ih= noah llne of the northwest ,/, of said Section 12, for a distance of 2646.45 feet to the northwest corner of the northwest ¼ orsaid Section 12; thence run South 00°45,07" East along the west line ortho northwest ~ of said Section 12. for a distance of 1319.36 feel to the northeast comer oFthe southeast ~ ortho northeast ~ et'Section I I, Township 48 South. Range 25 East; Words are deleted; Words u~n derlined are added. AOENDAITEM JUN 2-6 gO01 thence run South g8'$4'42" West along the north line of'the southeast *4 of'the northeast *4 of'said Section ! 1, t'or a distance of' 132f63 t'cet to the northwest corner or'the southeast .4 of'the northeast ½ of'said Section 1 !; .4 of'the northeast .4 of'said Section ! !; ..... ~,,on ,,, tore oistance of' 1320.39 f.ect to the so~tthwest corner of the sortuht~'aSe~st ~4 thence ru~ South 0"45'04" East along the west llne of'the northeast *4 or'the southeast *4 of'said Section I 1, for · distance oF 1321.73 £cet to the southwest corner of'the northeast .4 oFthe southeast ~4 o~sald Section I 1; thence run South 8B'46'37" West **long the north line of'the southwest .4 at'the southeast .4 oFsaid Section 11, for a distance of' 1325.33 feet to the northwest corner of'the southwest .4 of.the southeast *4 of'said Section ! !; thence run South 00'45'39" East along the west llne at'the southwe'st *4 of'the southeast. *4 of'said Sectlon.l I, For a distance oF 1323.80 t'cet to the southwest COmer ofthe southeast .4 oFsaid Section I l; thence run North g8'41'15'* East along the south line oFthe southeast *4 O£sald Sect|on 1 !. For a distance o1'2650.25 Feet to the northwest corner of'Section 13, Township 48 South, Range 25 East; thence run South 00'43'28" East along the west llne oFthe northwest *4 of'said Section 13, for a distance oF675.60 Feet to the southwest corner of'the northwest ~ of'the northwest ~ of'the northwest .4 ot'sald Section 13; thence run North 88'38'13" East along the south line of.the northwest *4 of.the horthwest *4 of. the northwest ~ of.said Section 13~ For a distance oF6B4.12 Feet to the southeast corner of.the northwest *4 oFthe northwest ½ of.the northwest *4 of.said Section lB; thence mn North 00'41'49" West along the east line oFthe northwest .4 of'the northwest ½ of'the northwest *4 of.said Section 12, For a distance of.675.07 Feet to the northeast corner of'the northwes't ½ of.the northwest ~ of'the northwest .4 oFsaid Section 13; thence run North 88'41'00" East along the south line of the soutl~west ~ of'Section 12, Township 48 South, Range 25 East, for a distance of 1993.;I 1 feet to the Point of Beginning. Less and excepting therefrom the Northwest ½ of'the Northwest .4 of the Northwest ½ of.said Section 13. Containing 472 acres more or less. and; ZEHNER PARCEL The Northeast ~ orthe Northeast ~ orSection 11, Township 48 South, Range 25 East. Collier County. Florida. O.R. Book 2211, page 606 Containing 40 acres more or less. and; .. IL"I.I.141 .I, IIi. ( ~d$& i. %: Words 3 thrcug:% are deleted; words u~nderlin_ed are added. AGENDA ITEM JUN 2,6 2001 W]I. SON l0 AC. PARCE!~.. The North ½ of the North ½ of the Southwest ~ ol~th~ Southw~t ~ ofS~ct;on ! !. Township 48 South. ~ang~ 2S E~ ~ili~ ~un~. Fiodd~ C~ntainlng ! 0 acres more or I~s. and; AMSTER PARCEL The South ½ of'the North ½ of'the Southwest ~ of'the Southwest ~ orS=etlon i 1. Township 48 South, Range 25 Fast, Collier County, Florida Containing 10 acres more or less. and; PAGE PARCEL Thc North ½ of`the South ½ of'the Southwest ~ orthe Southwest ~ of'Section 1 I,' Township 48 South, Range 25 East, Collier County, Florida Containing l 0 acres more or less. Words ctruck 4 through are d~/eted; Words u nder/ined are added. AGENDAITEM JUN 2'6 2001 Description of Addition to Mediterra South CDD being a part of Section 12, Township 48 South, Range 25 East. Collier County, Florida All that part of Section 12, Township 48 South, Range 25 East. Collier County, Florida being, more particularly described as follows: Commencing at the southeast comer of said Section 12; thence along the east line of said Section 12, North 00°59'01 "West 200.00 feet to the Point of Beginning of the parcel herein described thence: thence leaving said Section line South 88°40'16'' West 2576.35 feet; thence North thence North thence North thence North thence North thence South 58038'42'' West 55.56 feet: 02°55'41" West 51.18 feetl 00o53'22'' East 168.77 feetl 00o04'47'' East 782.63 feetl 00°51'30" West 83.55 feet;. 88o45'49'' West 50.00 feet to the north-south ¼ line of said Section 12; thence along said line North 00°51'12" West 1316.19 feet to the center of said Section 12: thence along the east-west ¼ line, North 88°51'44'' East 1160.07 feet; thence leaving said east-west ¼ line and along the west line of that land described in O.R. Book 264l, Page 3405, Public Records of Collier County, Florida, North 00o53'36'' West 657.34 feet to a point on the south line of the North V2 of the SW % of the NE ¼ of said Section 12; thence alon~ said south line, North 88o54'36'' East 165.65 feet to a point on the west line of that land as described in O.R. Book 1439, Page 1770, Public Records of Collier County. Florida; thence alon~; said west line North 00°54'01" West 30.03 feet to a point on the south line of that land as described in O.R. Book 1952, Page 284, Public Records of Collier County, Florida: thence along said south line, South 88054'36'' West 1325.19 feet to the north-south ¼ line of said Section 12; thence along said north-south ¼ line, North 00°50'59'' West 628.30 feet to the northwest comer of that land as described in O.R. Book 1952, Page 284. Public Records of Collier County, Florida and a point hereinafter referred to as Point "B"; thence along the north line of said land, North 88°55'21'' East 1324.63 feet to the northwest comer of that land as described in O.R. Book 1439, Page 1770, Public Records of Collier County, Florida; thence along said line, North 88°55'21" East 1059.38 feet to a point that is 265 feet west of as measured at right angles to the east line of said Section 12; thence alon~; said line South 00o57'34'' East 657.27 feet; thence continue along said line South 00058'26'' East 656.84 feet to the east-west ¼ line of said Section 12; thence alon~; said line North 88°5 i'44" East 264.89 feet to the east ¼ comer of said Section of Beginning of the parcel herein described: Containing 200.42 acres more or less 12; thence along the east line of said Section 12, South 00°59'11" E~.qt 2422.79 feet to the Point A~ENDA ITEM JUN 2'$ 2001 5 Words "*~'~' ............. e., are deleted; words underlined are added. ALONG WITH QUINN PARCELS FURTHER DESCRIBED HEREON Beginning at the aforementioned Point "B": Thence South 88o54'42.. West 662.19 feet; thence North 00o50, 17" West 658.93 feet; thence North 88o55'53.. East 662.05 feet: thence South 00050'59" East 658.70 feet to the Point of Beginning of the parcel herein described:~ Containing 10.02 acres more or less Containing 210.44 net acres more or less Yates parcel not included Containing 0.91 acres more or less 6 Words r~,.~. ~.~..;,~ are deleted; words underlined are added. No.AGENDA ITEM I ' JUN 2,'-6 2001 EXHIBIT 5 MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT SUMMARY OF OPINION OF PROBABLE COST AND ESTIIVlATED TIMETABLE FOR THE DISTRICT EXPANSION Infrastructu,re* Cost (in thousands of dollars) Primary** 2000 2001 2002 2003 2004 2005 2006 2007 Total Right-of-way Improvements*** 106 238 977 1,320 0 0 0 0 2,640 Utilities**** 215 430 1,021 1,021 0 0 0 0 2,688 Water Management 0 1,670! 250 0 0 0 0 0 1,920 Professional Fees 594 306 0 0 0 0 0 0 900 Restoring Wetland Mitigation 192 192 96 0 0 0! 0 0 480 Off-Site Improvements 0 240 0 0 0 0 0 0 240 Land Acquisitions 0 2,040 0 0 0 0 0 0 2,0401 Recreation/Security 0 0 223 90 47 0 0 0 360! Total Primary 1,107 5,116 2,567 2,431 47! 0 0 0 11,268 * Estimated costs of construction are for those special powers granted under Section 190.012(1) Florida Statutes only. No Estimates are provided for any powers granted under Section 190.012(2) Florida Statutes, as amended, since the authority to execute these charter powers is determined by the local general purpose government within whose jurisdiction such powers are to be exercised, in this instance, Lee County. Until such determination is or may be made, upon petition by the diswict board of supervisors, not estimates of costs will be Prepared. ** The estimates for all basic is set forth in Section 190.012(1), Florida Statutes, amended. ** * Right-of-way cost include roadway lighting cost * *** Currently, water and sewer being provided by Collier County Utilities -- AGENDA iTEM No. ~,. JUN 2--6 2001 EXHIBIT 6-A-D A(~ENDA ITEM ~o~-- JUN 2'6 2001 F i T 4~ $ I T 5,3 $ I T l! ~ T SZ $ AGENDA ITEM NO. ,~~ JUN 2,6 2001 05115199 TUE 08:46 FAI 94! 643 5716 ~ll$o~[ll[er Inc Ha!n ~OO2 II COLLIER COUNTY GROWTH MANAGEMENT PI. AN ADOPTION NOTEBOOK ORD. 97-53 TO ORD. OCTOBER 28, 1997; & MARCO ISLAND I~iASTEI ORDINANCE 96-68, ADO NOVEMBER 12~ 1996 I I i AGENDA ITEM JUN 2-6 2001 05/18/99 'I-L~ 08:47 FAX 941 643 5716 Wllso~lller Inc ~ain ~003 II. III. IV. VI. VII. VIII. TABLE OF CONTENTS, GENERAL PLAN REQUIREMENTS Transmittal Letter Adoption Ordinances CAPITAL IMPROVEMENT ELEMENT Goals, Objectives and Policies Implementation Costs and Revenues Implementation Programs TRANSPORTATION ELEMENT Goals, Objectives and Policies Future System PUBLIC FACILITIES ELEMENT SANITARY SEWER SUB-ELEMENT * Goals, Objectives and Potic/es Sanitary Sewer Sub-Element Maps Proposed Sanitary Sewer Facilities POTABLE WATER SUB.ELEMENT * Goals, Objectives and Policies * Potable Water Sub-Element Maps * Proposed Sanitary Sewer Facilities DRAINAGE SUB-ELEMENT * Goals, Objectives and Policies SOLID WASTE SUB-ELEMENT Goals Objectives and Policies NATURAL GROUND WATER AQUIFER RECHARGE SUB-ELEMENT * Goals Objectives and Policies HOUSING ELEMENT · ' Goals Objectives and Policies RECREATION AND OPEN SPACE ELEMENT * Goals Objectives and Policies CONSERVATION AND COASTAL MANAGEMENT ELEMENT * Goals. Objectives and Policies INTERGOVERNMENTAL COORDINATION ELEMENT Goals Objectives and Policies AGENDA ITEM JUN 3,6 Z801 05/18/99 't"L~ 08:48 FAI 941 643 5716 Wllsoa.~lller Inc ~aln ~004 IX. Xi. XII. FUTURE LAND USE ELEMENT Goals, Objectives and Policies Future Land Use Designation Description Future Land Use Map Series 'Future Land Use Map *Activity Centers Maps *Proper[ies Consistent by Policy (5.9, 5.10, 5.11) *Collier County Wetlands GOLDEN GATE AREA MASTER PLAN Goals, Objectives and Policies Designation and Description Section Golden Gate Future Land Use Map IMMOKALEE AREA MASTER PLAN Goals, Objectives and Policies Designation and Description Section' Immokalee Future Land Use Map MARCO ISLAND MASTER PLAN Introduction Overview Implementation Strategy Marco Island Future Land Use Map AGENDA ITEM NO, ~ JUN 2-6 ;~001 05/18/99 .¢ 08:49 FAX 941 643 5716 ~ oos ORDIN~NCE NO. 95-- ~__~2 $~4 ORDINA/qCE AMENDING COLLIER COUNTY ORDINA/qCE NO. 89--05, AS AMENDED, FOR THE UNINCORPORATED A/~F-A ~F COLLIF-R COUNTY, FLORIDA, BY PROVIDING FOR A/~ENDM~NTS TO= POLICIES, UPDATE FOR COSTS A/qD P~EVENUES AND SCHEDULE OF CAPITAL IMPROVEMENTS OF THE CAPITAL IMPROVEMENT ELEMENT; AMENDING POLICY 4.4 OF THE FUTURE LA/qD USE ELEMENT; THE FUTURE LAND USE MAP SERIES; TEXT, TABLES, POLICIES A~D EXISTING A/qD FUTt/R~ CONDITION MAPS OF THE TRAFFIC CIRCULATION ELEMENT; TEXT OF THE LAND USE DESIGNATION DESCRIPTION SECTION OF THE GOLDEN GATE AREA ~ASTER PLA~; AMENDING MAP 2 OF THE GOLDEN GATE AREA MASTER PLAN; BY PROVIDING FOR SEVF~ABILITY; AND BY PROVIDING AN EFFECTIVE DATE. W~{ERF_AS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and W~EREAS, Collier County has held public hearings to provide for and encourage public participation throughout the 1994 plan amendment process; and W~Ei~EAS, Collier County did submit the 1994 Growth Management Plan a=endments to the State Land Planning Agency for preliminary review on October 24, 1994; and W~q~AS, the State Land Planning Agency did review and make w~itten objections to certain sections of the proposed Plan and transmitted the same in writing to Collier County within the time provided by law; and W~-~tS, Collier County has sixty days from receipt of the ~ritten ob~ections from the state Land Planning Agency to adopt; adopt %'ith changes or not adopt the proposed amendments to the Gro~Wch Management Plan; and W~R~AS, the Collier County Planning Commission in a manner prescribed by law did hold public hearings concerning the adoption of the amendments to the 'Growth Management Plan on March 2, 1995 and-recommended their adoption 'by the Board of County Commissioners; and WHS:RF-AS, the Board of County Co~missioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the amendm~:nu~ N0. ~rowth Managemen~ Plan on March 14, 1995; and JUN -.II ZOO1 Doc. Ref: 2207/rk - 1 - )8:50 FAX g4X 643 5716 WlXson~ilXer lnc Main ~ 006 ~ 007 J~_ .£AS, all applicable substam~ive and procedural lrements of law have been met; and NOW, T~EREFORE, BE IT ORDAINED BY THE BOA/~D OF COtrNT¥ ISSIONF--gS OF COLLIER COtrNT¥, FLORIDA, that: TO~__Qk~__Q~: ADOPTION OF 1994 GROWTH MANAGEMENT PLA/q A/~ENDMENTS. This Ordinance as described herein, shall be known as the GroW~uh Management Plan Amendment for Collier County, ida. The Collier County Growth Management Plan ~unendment, ched hereto and incorporated herein by reference as F_w/~ibit onsisting of amendments to the following: Policies, Update Costs and Revenues and Schedule of Capital Improvements of capital Improvement Element; Policy 4.4 of the Future Land Element; the Future Land Use Map Series; Text, Tables, cies and Existing and Future Condition Maps of the Traffic :ulation Element; Text of Land Use Designation Description .i~f t_he Golden Gate Area Master Plan; and Map 2 of the .~ ~te Area Master Plan is hereby amended in conformity with .bi= A. ~: SEVERABILITY. If any phrase or portion of this ordinance is held invalid or ,nstitutional by any court of competent jurisdiction, such :ion shall be deemed a separate, distinct and independent · ision and such holding shall not affect the validity of the ~ining portion. 'IO~'~: EFPECTIVE DATE.' The effective date of this plan a~end/nent shall be the date a ~1 order is issued by the Department of Comnnunity Affairs or .nistration Commission finding t_he amendment in compliance in ~rdance with Section ~63.3184, Florida Statutes, whichever irs earlier. No development orders, development permits, or [ uses dependent on this amendiment may be issued or commence )re it has become effective. If a final order of :~ '.ance is issued by the Administration Conunission, this ~c nt may nevertheless be made effective by adoption of a :lution affirming its effective status, a copy of which Raf: 2207/rk - 2 -- fairs, ee, ioners SIONERS AGENDA ITEM - JUN O 001 05/18/99 TL~ 08:53 FA.~. 941 643 5716 Wllso~lller Inc Main ~005 COUNTY OF COLLIER Twentieth Judicial C~cui~, Collier Cou~.ty, Florida, do O_-dinance ..'-'o. 9~,,-; 2 the ~4th day of ~4arch, £~'-' , .'.uk'i'-'.¢j i~'ui~ F- a.' to..': WITNESS my hand and the of~c~a , day of March, 1595. AGENDA ITEM No. JUN 2-6 ZOO1 ~, Grbe~ - ~xed Use Dis~ric~ This District is intended to accommodate a variety of residential land uses including single family, multi-family, duplex, mobile home and mixed use (Planned Unit Development). Certain industrial and commercial uses are also allowed under criteria. (IV) ~, Urban Residential 8ubdistF~ct The Purpose of this subdistrict is to provide for higher densities in an area with relatively few natural resource constraints and where existing, and planned public facilities are concentrated. Maximum eligible residential density in th~ CoasUal Urban Subdistrict shall be deternined through a Density Rating System. Water-dependent and water-related land uses shall be encouraged within the coastal region of this subdistrict. This may be accomplished by encouraging coordinated mixeduuse sites of water-dependent and water-related uses through the inclusion of other recreational uses which may benefit from the proximity to and/or integration with water-dependent and water-related uses. These principal uses may include water-related parks, marinas (public or private), yacht clubs, and related.accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, restaurants, health clubs. Any water-dependent and/or water-related land use shall encourage the use of the Planned Unit Development technique and/or other innovative approaches to conserve environ- mentally sensitive features and to assure compatibility with surrounding land uses. Priorities for shoreline land use shall be given to water dependent principal uses over water-related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (Policy 11.1.4), the following land use criteria shall be used for prioritizing the siting of water-dependent and water-related uses: a. Presently developed sites; Sites where water-dependent or water-related uses have been previously established; Co Sites where shoreline improvements are in place; Sites where damage to viable, naturally functioning; and wet- lands or other enviror{mentally sensitive features could be minimized. 2. Urban Resident~a~ Frinqe Subd%str~ct T~e purpose of this subdistrict is to provide transitional densities between, the Urban Designated Area and the Agricultural/Rural Area. Re~id6~ial land uses may be allowed at a maximum density of 1.5 units per gross acre subject to the following conditions: Ail rezones must be in the form of a Planned Unit Development; and ....... ' LU-I-23 (/II) = Plan Amendment 95-1 adopted by Ordinance 95-12 on March 14, 197 Doc. Ref: 1830/~A/GH EXHIBIT "6 s" A~IENDA ITEM JUN 25 ZOO1 RECEIV~ JUL 2 0 1992 8card of County Ccn~m~ssioners STATE OF FLORIDA DEPARTMENT OF. COMM..UNITY AFFAIRS 2740 C EN TERVI EW DRIVE · TALLAHASS EE, FLO RIOA 3 2399.2100 LINDA LOOMIS SHB.LEY LAW'TON CH I LEa5 'July 16, 1992 The Honorable Michael J. Volpe Chairman, Collier County Board of Commissioner= 3301 East Tamiami Trail Naples, Florida 33962 Dear Com-nissioner Volpe: "~he Department has completed its review of the adopted comprehensive plan amendment (Ordinance No. 92-34; DCA No. 92-1) for Collier County as adopted on May 19, 1992, and deternined that it meets the requirements of ChapSer 163, Part II, Florida Statutes, for compliance, as define~d in Subsection 163.3184(1) (b). The Department is issuing a Notice of Intent to'~ind the plan amendment in compliance. The Notice of Intent has been sent to the NaD]es Daily News for publication on July 17, 1992. Please note that a copy of the amended Collier County Com- prehensive Plan, the Department's Objections, Reco,-amendations and Co..-~ents R~port dated January 26, 1992, and the Notice of Intent must be' available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Collier County Growth Management ~partment, 2800 North Horseshoe Drive, Naples, Florida ~3942. AGENDA ITEM 0~~~- JUNg8200~ pg._~~__ · ~XHZBZ~ 6"' -C The Honorable Michael J. Volpe July 16, 1992 Page Two If you have any questxons, please ~ontact me, Maria J~badal, Plan Review Administrator, or Bob Dennis, Community Program Ad-ninistrator, at (904) 487-4545. sincerely, Charles G. Pat. t:son: Director Division of Resouroe Planning and Management COP/rcm Enclo=ures: Notice of Intent CC: Frank Btu=t, Community Development Administrator Wayne D~ltry, E~eoutive Director, Southwest Florida Regional Planning Council AGENDA ITEM JUN 2-,6 2001 STATE OF FLORIDA DEPAR~M/~NT OF CO~MU~ITY AFFAIRS NOTICE OF INTENT TO FIND THE : COLLIER COUNTY COMPREHENSIVE PLAN AMENDMENT{S) IN COMPLIANCE DOCKET NO. 92-1-NOI-1!.Q.1.-(A)-(I) The Department gives notice of its intent to find the Amend- ment(s) to the Comprehensive Plan for. Collier County, adopted by Ordinance No(s) ' 92-34 on May 19, 1992, IN COMPLIANCE, pursuant to Sections 163.3184 and 163.3187, F.S ...... The adopted Collier County Comprehensive Plan Amendment(s) and the Department's Objections, Recommendations, and Comments Report, (if any), are available for public inspection Monday through Friday,' except for legal holidays, during normal business hours, at the Collier County Growth Management Department, 2800 North Horseshoe Drive, ~aples, Florida 33942. Any affected person, az defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to chal- lenge the proposed agency determination that the AmeNdment(s) tg the Collier County Comprehensive Plan are In Compliance, as defined.in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and content~ described in Rule 9J-11.012(8), F.A.C. The petition shall be filed with the Agency Clerk, Department of Come, unity Affairs, 2740 Centerview Drive, T&%lahaseee, Florida 32399-2100, and copy mailed or delivered to the local government. Failure timely file a p~tition shall-constitute'a waiver of any right to request an administrative proceeding as a petitioner under Sec- tion 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no peti- tion is filed, this Notice of Intent shall become final agency action. If a-petition is filed, other affected persons may petition for leave to interwene in the proceeding. A petition for inter- vention must be filed at least five (5) days before th~ final hearing and must include all of the information and contents described in Rule 22I-6.010, F.A.C. A petition for leave to interwene shal~ ~e filed a% the Divi~i0n o~Admihistfativ~Hear- ings, Department of Administration, 1230 Apalachee Parkwa, Tallahassea, Florida 32399,1550. Failure to gstition to vene within the allowed tJ_m~ frame constitutes a waiver o right such a person has to reques~ a hearing under Sectior 120.57, F.S., or to partioipat~ in the administrative hea: EXHIBIT 6 -D AG~NDAITEM nte~ -- any~ S ZOO1 ~narl~ ~. Pattison, Director . ~e~ar~ent of Co--unity Affair. Division of Resource Planning and Management 2740 Cents~iew Drive ~ Tallahassee, Florida 32399-~!00 STATEMENT OF ESTIMATED REGULATORY COSTS 1.01 1.1 1.2 1.3 Introduction Purpose and Scope This Staten'~ of Esli~ Regulatory Costs ~'SERC") supports the Peri'don ~o Expand the Mediterra South Community Development Distdct ("District"). ~The proposed expansion comprises approximately 210 acres of land located in Colr,~r County, Florida. The limitations on the scope ofthis SERC are expliddJy set out in Section 190.002(2)(d), F.S. (governing District formation or alteration) as follows: 'q'hat the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and finandng the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant (emphasis added.)" Overview of the Mediterra South Community Development District The District is designed to provide community infrastructure, services, and fadlities along with their operations and maintenance, to the Mediterra development Mediterra South Community Development District is an upscale, fully amenitized, residential community oriented around its town center. The proposed development plan for the lands within the expansion area include the const~ction of approximately 240 single and multi-family residential dwelling units and various recreational areas. Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: "(a) A good faith estimate ofthe number of individuals and entities likely to be required to comply with the rule, together with a general description ofthe types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local govemmental entities, required to comply with the reqUirements of the rule. As used in this paragraph, "transactional costs" are direct costs,that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or u v, AGENDA ITEM No. JUN 2.6 ZOO1 1.02 1.03 3.1 procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis ofthe impact on small counties and small cities as defined by Section 120.52, F.S. Collier County is not defined as a small county for purposes of this requirement. (e) Any additional information that the agency determines may be useful. (f) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1) (a) and either a statement adopting the alternative or a statement of the reasons for rejecting the aitemative in favor of the proposed rule. A good faith estimate of the number of individuals and entities likely to be required to. comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. Originally, the Mediterra South Community Development Distdct was a residential community designed for up to 750 total residential units. Expansion of the District would put an additional 204 households under the jurisdiction of the District. Good Faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities There will be only modest costs to various State governmental en 'bties to implement and enforce the proposed expansion of the District. The District has fewer than 1,000 acres, so Collier County is the reviewing entity under 190.005 (2). F.S. The modest costs to various State entilies to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the District is required tofile with the State and its vadous entities. Appendix A lists the reporting requirements. The costs to those State agendes that will receive and process the Distd~s reports are very small, because the District is only one of many govemmental units that are required to submit the vadous reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F.S., the district must pay an annual fee to the State of Florida Department of Community Affairs which offsets such costs. The expansion of the District will not affect the duties regarding these reports. AGENDA ITEM- JUN 2,6 2001 2 Collier County 2.2 4.0 Since the proposed expansion of the District is in Collier County and consists of less than 1,000 acres. Collier County and its staff will process, analyze, and vote upon the petition to expand the District. These activities will absorb some resources. These costs to the County are modest for a number of reasons. First, review of the petition to expand the District does not include analysis of the project itseff. Second, the petition itself provides much of the information needed for a staff review. Third, local governments routinely process similar pe~ons for land uses and zoning changes that are far more complex than is the petition to expand a community development district. Fourth, Collier County imposes a processing fee for rev'~wving the Peti'don to Expand the District. This fee will be paid upon submittal of the petition. Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The Distdct is an independent unit of local government. It is designed to provide community facilities and services to serve the Mediterra South development project. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note than any debt obligations incurred by the District to construct its infrastructure; or for any other reason, are not debts of the State of Florida or any unit of local government. In accordance with State law, debts of the District are strictly its own responSibility. A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 1 provides an outline of the vadous fadlilJes and services the District may provue. The drainage fadlilJes will all be funded, operated and owned by the District. The District will also fund the construction ofthewaterand sewer distribution system. However, the County will own and operate the water and sewer system serving the District. Table 1. Mediterra South Community Development District Proposed Facilities and Services AGENDA ITEM No. JUN 2-~2~01 FACILITY FUNDED BY O&M BY OWNERSHIP Drainage CDD CDD CDD Water/Sewer CDD County County Roadways CDD County County Recreation/Security CDD CDD CDD Land/Mitigation CDD CDD CDD The petitioner has estimated the design and development costs for providing the capital facilities outlined in Table 2. The cost estimates are shown in Table 2 below. Total design and development costs for these facilities are estimated to be approximately $11,268,000. The District may issue spedal assessment or other revenue bonds to fund the development of these facilities. These bonds would be repaid through non ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. Prospective future landowners in the District's expansion area may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addi'don to the levy of nomad valorem assessments for debt service, the District may also levy a non-ad valorem assessments to fund the operations and maintenance of the District and its facilities and services. Furthermore, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the non-ad valorem assessments as tradeofffor the numerous benefits and fadlities thatthe District provides. A Community Development District ("CDD'~ provides residents with the option of having higher levels of facilities and services financed through self-imposed levies. The District is an all~mative means to manage and provide necessary community services. Related district finandng is no more expensive, and often less expensive than the alternatives of a Munidpal Service Taxing Unit"(MSTU)', a Munidpal Service Benefit Unit"(MSBU)', other county provision (by the county itself or through a dependent district), a neighborhood assodation, or through developer management with related flnandng with equity and/or bank loans. In considering these costs it shall be noted that occupants ofthe lands to be included within the District will receive three major classes of benefits. First, those residents and businesses in the District will receive a higher level of public services and amenities sooner than would otherwise be the case. Second, a CDD is a mechanism for assuring that the community services and amenities will be completed concurrently with development of lands within the District. This satisfies the revised growth management legislation, and it assures that growth I ,ays t~:~o. ~"D^ ,~E_____.~ ilselfwilhoutundueburdenonotherconsumers. The proposed expansion ofthE District -~ JUN 2-6 2001 71 will ensure that these landowners pay for the provision of facilities, services and improvements to these lands. Third, a CDD is the sole form ofgovemance which allows District landowners, through landowner voting and ullJmately electoral voting for resident elected boards, to determine the type, quality and expense of Distdct services they receive, provided they meet the County's overall requirements. The cost impact on the ultimate landowners in the District is not the total cost for the Distdct to provide infrastructure services and facilities. Instead, it is the incremental costs above what the landowners would have paid to install infrastructure via an alternative financing mechanism. Given the Iow cost of capital for a CDD, the cost impact to landowners is negligible. This incremental cost of the high quality infrastructure provided by the District is likely to be fairly Iow. AGENDA ITEM No, OtJN~l AGENDA ITEM No. ~ JUN APR-~0-01 FRI 10:30 AM FISHKIND & ASSOCIATES FAX:40? 382 3254 PAGE 2 Table 2. Cost Estimate for District Facilities CATEGORY COST Roadways Utilities Water Management System Recreation Off-site Improvements Land Acquisition Wetland Mitigation Professional Fees $2,640,000 $2,6~8,000 $1,920,000 $360,000 $240,000 $2,040,000 $48O,0OO $9O0,OOO TOTAL $11,268,000 5.0 6.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section t20.52, F.S. There will be no impact on small business because of the expansion of the District. If anything, the impact may be positive. This is because the District must competitively bid all of its contracts. This affords small businesses the opportunity to bid on District work. Collier County has an estimated population .(not incarcerated) in 2001 that is greater than 75,000. Therefore the County is not defined as a "small" county according to Section 120.52, F.S. Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's engineer and other professionals associated with the Developer. Prepared by'. Fishkind~ Associates, Inc. AGENDA ITEM/%, .°. JUN 2-6 2001 APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA REPORT Annual Financial Audit 11.45 STATUTE CITE DATE'- 12 months after end of fiscal year Annual Financial Report (AFR) 218.32by March 31 TRIM Compliance Report 200.068 Form 1 - Limited Financial Disclosall~2.3144 Public Depositor Proposed Budget Public Facilities Report Public Meetings Schedule Bond Report Registered Agent 130 days after by July 1 215 by November 15 218.34by September 1 189.415 March 1 189.417 beginning of fiscal year 218.38When issued 189.417 30 Days after AGENDA ITEM JUN 2-.6 2001 EXHIBIT 8 AGENDA ITEM NO. ,~ JUN 2--6 2001 Exhibit 8 ACKNOWLEDGMENT The Uniform Community Development District Act of 1988, enacted Chapter 190, Florida Statutes, as amended, which expressly restricts and limits the exercise by a community development district of its special powers. The petitioner acknowledges that the community development district's Board of Supervisors is legally and ethically bound to exercise its special powers subject to, and not inconsistent with, the laws and regulations contained in the Collier County Water-Sewer District Special Act, and any applicable P.U.D., preliminary subdivision plat and/or development order, as provided in Section 190.004 and 190.012, Florida Statutes. Accordingly, the proposed district cannot and will not act in such a manner as to erode the Collier County Water-Sewer District's customer base, as this would be inconsistent with Collier County ordinances and regulations and Chapter 190, Florida Statutes. Petitioner does not seek expressly or impliedly, directly or indirectly, do anything inconsistent with these requirements A(~ENDA ITEM as a legal duty on the developer governing the dev.~lopN~--~ JUN 2-6 2001 In light of the statutory restrictions and ma}da~.s ~p~n ~ the powers and functions of a co~v~unity distric5 discussed below, the proposed District will not and cannot diminish the customer base, of the Collier County Water-Sewer District. Collier County under its ordinance is the permanent provider of water and sewer service to the development on which the community development district will be established. Also, the 1988 Special Act reestablishing the Collier County Water-Sewer District makes clear in Section 21 that: 1) Collier County can mandate connection to its water and sewer facilities; 2) Collier County can require installation and dedication of water and sewer facilities to the County; and 3) no water and sewer facilities can be built within the water- sewer district unless the district board (Collier County Commissioners) gives its consent and approval. The land area which the district will serve is in the jurisdiction of the dependent Collier County Water-Sewer District and is subject therefore to the terms of the 1988 Special Act. The community is also subject to P.U.D. and preliminary subdivision plat. In addition, the land area involved is also subject to Collier County Ordinance Nos. 90- 86, as amended, and 90-87, as amended, utility faCil~.tm~TE" requirements, as well as the state, regional a~ d J6 001 comprehensive plans, permitting agencies and all related land development regulations. Ail of these jurisdictional and binding documents in effect constitute the clear operative base of all State and Collier County laws, rules, regulations, policies and ordinances applicable to and governing the planning and permitting of.the development to be serviced by the community development district on the proposed property. The proposed district is not exempt. The Florida Legislature, in Section 190.002(1) (a), Florida Statutes (1991), has stated as a finding that a community development district is a solution to the management and capital infrastructure financing problems faced by counties. In solving these problems, a community development district also provides a method of servicing projected growth without over burdening other local governments and their taxpayers. In other words, the Legislature has found community development districts, as management entities, are a legitimat to infrastructure delivery. It is also the expressed policy of the legisl JUN 001 ~Luz~ that - Community Development Districts are "a legitimate alternative method available for use by the private and public sectors, as authorized by,state law, to manage and finance basic services for community development." Fla. Stat. ~190.002(2) (b) (1991) (emphasis supplied). This language means that the district is a management tool for both Collier County and the petitioner. This management tool is to be used by both the developer and the county as authorized in Chapters 190 of the Florida Statutes. In Section 190.002(1) (b), Florida Statutes (1991), the Legislature has also found that it is in the public interest that "the operation of such a district and the exercise by the district of its powers be consistent with applicable due process, disclosure, accountability, ethics and government-in, the-sunshine requirements" (emphasis supplied). This law means that no decision of the Board of Supervisors can be made in secret, and that Collier County will be given ample noticed opportunities to monitor the exercise of the Board of Supervisors' special limited management powers, including those dealing with water and sewer services. In other words, this language mandates that the district board of supervisors as a works with the Collier local government government. Cou] .ty N~T JUN 2.6 2001 In regard to possible conflicts between general purpose local government laws and actions of a community development district local government, the Legislature has expressly stated as its policy that the exercise by a .district of its powers "comply with all applicable governmental laws, rules, regulations and policies governing planning and permitting of the development to be serviced by the district" in order "to insure that neither the establishment nor operation of such a district is a development order under Chapter 380, and that the district so established does not have any zoning or permitting powers governing developments" (emphasis supplied) Fla. Stat. ~190.002(2) (c) (1991). In addition, Section 190.003, Florida Statutes (1991), provides that a community development district function in such a manner "that all applicable planning and permitting, rules, regulations and policies control the development of the land to be serviced by the district." (emphasis supplied). Even more iljustrative of the Legislature's intent is the dispositive language in the "preemptive and sole authority" section of the Uniform Community Development Distr: Fla. Stat. 190.004(3) (1991). First, the statute specifically states th. ct JUN g--O 2001 t "all- governmental, planning, envirommental and land use development laws, regulations and ordinances apply to all development of the land withi~ a Community Development District." Id. Since the Collier County Water-Sewer District Special Act is a law of Florida, it applies to all development within the land to be serviced by the proposed Community Development District. Since "all development" includes by definition utility and other services, the Collier County Water- Sewer District requirements apply to all developments in the applicable land area, even after the establishment of the Community Development District. Second, the preemption section directly and specifically mandates that "a district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general purpose governments." Id. (emphasis supplied). This direct mandate is to the Board of Supervisors of the proposed Community Development District that it shall take no action inconsistent with the Collier County Water- Sewer District Special Act. Accordingly, the Board members will be under ethical and legal duties, subject to malfeasance, non-feasance, and misfeasance of office, to take no action inconsistent with the County laws and regulations affecting the water-sewer customer base. [istr JUN 2-6 2001 Last, the special powers of the community development district, which become available upon its establishment by ordinance of Collier County, are also severely limited by Section 190.012, Florida Statutes (1991). This section provides in pertinent part that the district board of supervisors "may exercise [its special powers] subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies and special districts having authority to any area included herein..." Here, the Legislature has answered directly the question of whether the district can act inconsistent with the regulations of the Collier County Water-Sewer District. The exercise of the proposed district's powers are unquestionably "subject" to those of the Collier County Water-Sewer District. Ail of the foregoing language expresses the Legislature's intent that the community development district be managed in a manner consistent with the laws and regulations of both Collier County and the State of Florida. Therefore, the state and local laws, rules, and regulations applicable to the land of the district must be examined in order to determine what powers regarding water and sewer service the development district will have or be able to exerc established. ITEM 's eJ %-e6 2001 Attachment B YouNo, VAN ASSENDEI~P, VAI~NADOE & J~NDEHSON', P. A. ATTOrNeYS AT 1AW ~EPLY TO: R. BRUCE ANDERSON CLaY C. BROOKER TASHA O. BUFORD DANIEL H. Cox TIMOTHY S. FRANKLIN DAVID P. HOPSTETTER* C, LAURENCE KEESEY KENZA VAN ASSENDERP GEORGE L. VARNADOE ROY C. YOUNg '~BOARD CERTIFIED REAL ESTATE LAWYER 0f COUNSEL DAVID B. ERWlN A.,J. J~M SPALLA Tallahassee 9 May 2001 GALLIE'$ HALL 225 SOUTH ADAHS STREET SUITE 200 POST OFFICE BOX 1833 (ZiP 32302-1833) TAILAHASSeE, FLORIDA 323Oi TELEPHONe (850) 222-7206 TELECOPIER (850) 561-6834 SUNTRUST BUILDINg 80[ LAUREL OAK DRIVE SUITE 300 Post OffiCE Box 7907 (ZiP 34101-7907) NAPLES, FLORIDA 34108 TELEPHONE (941) 597-2814 TELECOPIER (941) 597-1060 Mr. Stan Litsinger Collier County Planner 3301 East Tamiami Trail, Adm. Bldg. Naples FL 34112 Dear Stan: Thank you for taking time to meet with Dan Cox and me to discuss our petition to expand the Mediterra South Community Development District by approximately 244 acres. As a result of that meeting and your inquiries, and as promised, please note: In addition to the petition and its attachments, you will be receiving, under separate cover, supplemental "white papers" from the Engineer, Steve Means, and the Planner, Anita Jenkins. As we discussed in detail, these "white papers" respond to the three inquiries of whether the original "white papers" upon which the establishment of the District was in part based, change and, if so, how by this expansion. There is no major change and the conclusions remain valid as the supplemented "white papers" from the Engineer and Planner indicate. This process is a continuation of the legislative process by which the state-created and state-chartered District was established by Collier County on the Mediterra North property, as proposed in the original petition. In essence this process is a legislative amendment of the establishment ordinance. The applicable uniform statutory procedure and general law which applies to this process is in section 190.046(1)(a)(b), Fla. Stat., (2000). A highlighted copy of these two applicable sections is attached for your review. AGENDA ITEM JUN 2-6 2001 Mr. Stan Litsinger Collier County Planner 9 May 2001 Page 2 Because this process is an expansion, our petition has covered all of the information required by section 190.046(1)(a), Fla. Stat., essentially the same information required in the initial petition. We have also addressed (as supplemented by the "white papers") the proposed timetable for construction of any District systems, facilities and services to the area by which the District is to be expanded and the related estimated cost of such construction. We've also included what the county local government comprehensive plan, in its future land use element, designates as public and private uses of the land proposed for the area by your plan, specifically, as applicable, the future general distribution, location and extent of such public and private uses. Pursuant to section 190.046(1)(b), Fla. Stat., the notice is not the earlier (4) four week newspaper notice for establishment by ordinance of the state-created District but rather the normal notice by which the Board of County Commissioners notices any amendment to any of its ordinances. At the hearing, the board members shall consider the record (the petition, the supplemented "white papers" and the work of the county staff and county attorney) and shall consider also the factors set forth in section 190.005(1)(e), Fla. Stat., in making its legislative determination to amend the ordinance. As the "white papers" indicate, there has been no major change to the consideration of these factors and the minor changes have been disclosed in the supplemental "white papers" being supplied to you. So far as the requirement that the District enter into an interlocal agreement with the Collier County Water/Sewer District is concemed, the expansion of the District will not alter that agreement; rather, the legal description of the land subject to the agreement will be expanded. 10. Finally, as you know: a. the earlier petition to establish this District and this petition to expand it are purely legislative (by the members of the Board of County Commissioners upon being informed fully and upon considering the six (6) statutory factors). These factors are not criteria and the petition is not an application to prove up criteria. This process does not involve any development order license or permit. no aspect of this process in any way interferes with th, development decisions, requirements and considerations of~ .e county ovOt ' ' J JUN g' $ ?_001 Mr. Stan Litsinger Collier County Planner 9 May 2001 Page 3 the land serviced by the District as expanded. These matters have been preempted categorically, exclusively and expressly to the county and state under section 190.004(3), Fla. Stat., and are not relevant or material in this proceeding, section 190.002(2)(d), Fla. Stat. Please let me know ifI may supply any additional information and I look forward to our goal of getting this matter agended and noticed through your normal ordinance amendment notice procedures for 26 June 2001 in Naples. Best regards, KvA/kf Attachment CCi John Dummuck David Weigel, Esquire Susan Watts Dan Cox, Esquire F:\USERSXKFOLDEN~ONITA BAY PROPERTIESWIEDITERRA SOUTI-EEXPANSIONXltr stanlitsinger.wpd AGENDA ITEM JUN 2--6 : 001 Ch. 190 COMMUNITY DEVELOPMENT DISTRICTS 2000 such public hearing. The rulemaking hearing may be adjourned from time to time. After such hearing, such schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of such rates, fees, rent- als, or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended to cover any addi- tional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing. (3) Such rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class, and when appropriate may be based or com- puted either upon the amount of service furnished, upon the number of average number of persons resid- lng or working in or otherwise occupying the premises served, or upon any other factor affecting the use of the facilities furnished, or upon any combination of the fore- going factors, as may be determined by the board on an equitable basis. (4) The rates, fees, rentals, or other charges pre- scribed shall be such as will produce revenues, together with any other assessments, taxes, revenues, or funds available or pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not necessarily in the order stated: (a) To provide for all expenses of operation and maintenance of such facility or service; (b) To pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, including reserves for such purpose; and (c) To provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this act. (5) The board shall have the power to enter into contracts for the use of the projects of the district and with respect to the services and facilities furnished or to be furnished by the district. History..--s. 2, ch. 80-407; s. 10, ch. 91-308. 190.036 Recovery of delinquent charges.--In the event that any rates, fees, rentals, charges, or delin- quent penalties shall not be paid as and when due and shall be in default for 60 day.s' or more, the unpaid bal- ance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the district in a civil action. History.--s. 2. c~. 80-407 190.037 Discontinuance of service.--In the event the fees, rentals, or other charges for water and sewer services, or either of them, are not paid when due, the board shall have the power, under such reasonable rules and regulations as the board may adopt, to dis- continue and shut off both water and sewer services until such fees, rentals, or other charges, including interest, penalties, and charges for the shutting off and discontinuance and the restoration of such water and sewer services or both, are fully paid; and, for such put- poses, the board may enter on any lands, waters, or premises of any person, firm, corporation, or body, Pub. Itc or private, within the district limits. Such delinquent fees, rentals, or other charges, together with interest. penalties, and charges for the shutting off and disco~. tinuance and the restoration of such services and fac~k. ties and reasonable attorney's fees and other expenses, may be recovered by the district, which may also enforce payment of such delinquent fees, rentals. or other charges by any other lawful method of enforce. merit. History.---s. 2, ch. 80-.4D7; s. 82. ch. 81-259. 190.041 Enforcement and penalties.--The board or any aggrieved person may have recourse to suc~ remedies in law and at equity as may be necessary to ensure compliance with the provisions of this act. including injunctive relief to enjoin or restrain any per. son violating the provisions of this act or any bylaws. resolutions, regulations, rules, codes, or orders adopted under this act. in case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building. structure, land, or water is used, in violation of this act or of any code, order, resolution, or other regulation made under authority conferred by this act or under law, the board or any citizen residing in the distdct may institute any appropriate action or proceeding to pre- vent such unlawful erection, construction, reconstruc. tion, alteration, repair, conversion, maintenance, or use; to restrain, correct, or avoid such violation; to pre. vent the occupancy of such building, structure, land, or water; and to prevent any illegal act, conduct, business, or use in or about such premises, land, or water. History.--s. 2. ch. 80-407; $. ~3. ch. 8~-259 190.043 Suits against the district.--Any suit or action brought or maintained against the district to~ damages arising out of tort, including, without limita- tion, any claim arising upon account of an act causing an injury or loss of property, personal injury, or death, shall be subject to the limitations provided in s. 768.28. History,--s, 2, ch. 80-407. 190.044 Exemption of district property ! cution.--AII district property shall be exempt and sale by virtue of an execution and no ex( other judicial process shall issue a'gainst such nor shall any judgment against the district be or lien on its property or revenues; howeve~ contained herein shall apply to or limit the bondholders to pursue any remedy for the enf, of any lien or pledge given by the district in c( with any of the bonds or obligations of the dis:m,,- :e$cribe the propo: d:¢rict services to cructing the propo: me future 9eneral ;ublic and private u i~e future land use ~2vernment local c ~eeks to contract th ~¢at services and :2e district to the an ,,~on of the future e~ent of public an~ the area by the futu ~overnment compr. (b) For thosedi ~rd[nance. the petit ~e filed v.~th the cc m:luded cr exclud( ~2undar~es of 8 mu sion sh~:l no~ amer ~;proval. A public · anner and with th ~ance amendments s;der the record O~ t~ f:~h in s. i 5( ~rant or d~ ,. p, (c) Fcr:huse di~ ipal ordinance purs~ ;.ality shaJ ;resume t set fo~h m FaragraF ~,e included or exck the boundaries of th ~' shall nc4 amend ~i~ion approval. fd)l. FDr thos< ~dminis~rstive rule F ~[~n shall be flied wit dissto~ Commissio 2. Pr;or tc filing ifiiing fee of S1.506 :aii~ the boundade ::ntain ail or a poAi :he proposed amen rom le~. ~. if :h~ listrk ,rope~,:¢i°~ ~/e the ~,ltitior/ dghtS or .'9.005(1 '.'.~) ~ow rcement ~ed to Co~s~era ' ' ~Jwhet~ rth t ~n~g. O., ' h~r t~ pe: 4. The district b Histo~/..--s. 2, ¢1'1. 190.046 Termination, contraction, or expansion district.-- (1) The board may petition to contract the boundaries of a community development d~su, the following manner: ' a The et tion shall contain the same inforrr~.,?~ ( ) P required by s. 190.005(1)(a)1. and 8. In add?.°._" 4~all petitioner seeks to expand the district, the pe~mo- ~hearinq sfficer, hol :r by s.~i?9 ' -fl), notice~ . ~ ,-"?ing the d strct ~ the ~lr,-,a Land ~0~ the fu: .~cord of '~h ' ear;..-,: any res, tral'Pur~ ~e c~verr 1554 COMMUNITY DEVELOPMENT DISTRICTS Ch. 190 ..aonrYatli~)rids, waters, or 2 n, Orbody Pub- ~og~ )th interest. '~ utt ir'~,~,,,.~n d discon. Jch services and facili. ~y's tees and other the district, which may ~.linquent fees, rentals, ,ful method of enforce. )enalties.--The board lave recourse to SUch ~ may be necessary to rovisions of this act, ,in or restrain any per. his act or any bylaws. s, codes, or orders '~y building or structure onstructed, altered, ined, or any building. in violation of this act n, or other regulaticn J by this act or under ding in the district may or proceeding to pre. ~struction, reconstruc. ;ion, maintenance, or such violation; to pre- ling, structure, land, er mt, conduct, business. 3, land..~or water. ! distr. Any suit or :gainst the district for :luding, without limita- '~unt of an act causing sonal injury, or deal,% provided in s. 768.28. ct property from eze- [I be exempt from levy ,3, and no execution or against such prope~y. he district be a charge .Jes; however, nothing , or limit the rights ct dy for the enforcement ~ district in connecticn OhS of the district. ction, or expansion to contract or exp3r~d development district ~ the same informat~cc' nd 8., In addition it strict the petitio~ proposed timetable for construction of any services to the area, the estimated cost of con- the proposed services, and the designation of future general distribution, location, and extent of uses of land proposed for the area by future land use plan element of the adopted local mment local comprehensive plan. If the petitioner to contract the district, the petition shall describe services and facilities are currently provided by district to the area being removed, and the designa- of the future general distribution, location, and of public and private uses of land proposed for . area by the future land element of the adopted local mment comprehensive plan. For those districts initially established by county the petition for ordinance amendment shall filed with the county commission. If the land to be ~ded or excluded is, in whole or in part, within the of a municipality, then the county commis- iion shall not amend the ordinance without municipal ii~proval. A public hearing shall be held in the same anner and with the same public notice as other ordi- ~nce amendments. The county commission shall con- iider the record of the public hearing and the factors set .ICh in s. 190.005(1)(e) in making its determination to rant or deny the petition for ordinance amendment. {c) For those districts initially established by munic- ~ ordinance pursuant to s. 190.005(2)(e), the munic - al~ shall assume the duties of the county commission et forth in paragraph (b); however, if any of the land to ~ included or excluded, in whole or in part, is outside t~e boundaries of the municipality, then the municipal- iy shall not amend its ordinance without county corn- Ifis,sion approval. :r(d)l. For those districts initially established by ~drninistrative rule pursuant to s. 190.005(1), the peti- i 10n shall be filed with the F orida Land and Water Adju- i ¢catory Commission. 2. Prior to filing the petition, the petitioner shall pay afiling fee of $1,500 to the county and to each munici- ~1~ the boundaries of which are contiguous with or contain all or a portion of the land within the district or ~e proposed amendment, and submit a copy of the I~tJtion to the county and to each such municipality. In addition, if the district is not the petitioner, the petitioner I~all file the petition with the district board of supervi- 3. The county and each municipality shall have the ~tion of holding a public hearing as provided by s. 190.005(1)(c). However, such public hearing shall be hired to consideration of the contents of the petition l ind whether the petition for amendment should be sup- ~rted by the county or municipality. .4. The district board of supervisors shall, in lieu of lilearing officer, hold the local public hearing provided ~' by s. 190.005(1)(d). This local public hearing shall ~ noticed in the same manner as provided n s. ~0.005(1)(d) Within 45 days of the conclusion of ~. : . the nng, the d~stnct board of supervisors shall transmit ,t~e Florida Land and Water Adjudicatory Commis- ~r~ the full record of the local hearing, the transcr pt of ~ hearing, any resolutions adopted by the local gen- ii'purpose governments, and its recommendation (4) The local general-pur'cose ~ the geographical boundaries'cf wh may adopt a nonemergency crdina¢ 1555 whether to grant the petition for amendment. The com- mission shall then proceed in accordance with s. 190.005(1)(e). 5. A rule amending a district boundary shall describe the land to be added or deleted. (e) In all cases, wri~en consent of all the landown- ers whose land is to be added to or deleted from the district shall be required. The filing of the petition for expansion or contracticn by the district board of super- visors shall constitute consent of the landowners within the district other than of landowners whose land is pro- posed to be added to or removed from the district. (01. During the existence of a district initially estab- lished by administrative rule, petitions to amend the boundaries of the district pursuant to paragraphs (a)-(e) shall be limited to a cumulative total of no more than 10 percent of the land in the initial district, and in no event shall all such peti¢ons to amend the bounda- ries ever encompass more than a total of 250 acres. 2. For districts initially established by county or municipal ordinance, the limitation provided by this paragraph shall be a cumulative total of no more than 50 percent of the land in the initial district, and in no event shall all such petitions to amend the boundaries ever encompass more than a total of 500 acres. 3. Boundary expansions for districts initially estab- lished by county or municipal ordinance shall follow the procedure set forth in paragraph (b) or paragraph (c). (g) Petitions to amend the boundaries of the district which exceed the amount cf land specified in para- graph (f) shall be considered petitions to establish a new district and shall follow all of the procedures speci- fled in s. 190.005. (2) The district shall remain in existence unless: (a) The district is merged with another district as provided in subsection (3); (b) All of the specific ccm. munity development ser- vices that it is authorized to perform have been trans- ferred to a general-purpose unit of local government in the manner provided in subsections (4), (5), and (6); or (c) The district is dissolved as provided in subsec- tion (7) or subsection (8). (3) The district may merge with other community development districts upon.filing a petition for estab- lishment of a community development district pursuant to s. 190.005 or may merge with any other special dis. tricts upon filing a petition fcr establishment of a com- munity development district pursuant to s. 190.005. The government formed by a merger involving a com- munity development district pursuant to this section shall assume all indebtedness of, and receive title to, all property owned by the preexisting special districts. Prior to filing said petition, the districts desiring to merge shall enter into a mer=er agreement and shall provide for the proper allocatifn of the indebtedness so assumed and the manner in which said debt shall be retired. The approval of the merger agreement by the board of supervisors .elected by the ,lectors of the dis- trict shall constitute consent o~' the andovvNo.r~ift~~ the district. - i~_ 2vernment with :hth ' tr' t 'e Attachment C MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT TESTIMONY OF ANITA L. JENKINS, AICP, PLANNER Planning Considerations Establishment of Mediterra South Community Development District My name is Anita L. Jenkins, AICP. By profession I am an urban planner. I am an Associate with WilsonMiller, Inc., and have 10 years of experience in planning and permitting related to land development activities, including: Developments of Regional Impacts, comprehensive plan amendments, property rezonings, land development code amendments, site development plans, and feasibility studies. I have a Bachelor of Science Degree in Urban- Regional Planning from Southwest Missouri State University, and a Master of Urban and Regional Planning from the University of Florida. I have been qualified as an expert in urban planning and in local, regional, and state growth management planning in numerous heatings in front of various Zoning Boards, Local Planning Agencies, and County Commissions. Work Experience: Based on my experience and training, I will address planning aspects and consequences of the proposed Mediterra South Community Development District Project. I have assisted in the preparation of the Petition, its required exhibits and additional information pertinent to the planning consequences of establishing the District, and am experienced in assessing tk ..... ~'L~DA ITEM No- JUN 2.6 2001 alternatives of public and private infrastructure. This paper constitutes a summary of the planning consequences of establishing the proposed District in Collier County. The original Mediterra South Community Development District (CDD) consists of 944 acres within the planned development referred to as Mediterra PUD. The CDD is being amended to incorporate an additional 210 acres, for a total of 1154 acres to be within the CDD. The Collier County Comprehensive Plan designates the land use as mixed use residential. There are no specific public uses for the property identified on the FLUE map. Within the additional 210 acres, a village center including a total of 20,000 square feet of commercial uses is proposed, no additional residential units are proposed. The original Mediterra South Community Development District testimony of Donald Wayne Arnold, AICP, is attached hereto. The information within the document remains tree and correct as it applies to the original and proposed amended CDD, with the exception of the information provides in the previous paragraphs, and one correction, that being, a reference to the recreation and open space within the CDD. The proposed acreage devoted to recreation and open space uses is 383 acres. AGENDA ITEM No. JUN g-6 2001 Amendment to: Mediterra South Community Development District Engineering Considerations Stephen A. Means Has anything changed in your white paper used for District establishment from that date to this date? No, nothing has changed from the time of the original Mediterra South CDD establishment petition with exception to the most recent petition to add 210 acres. Would any of the information in your white paper change regarding the additional land by which the Mediterra South District will be expanded? Yes, the acreage listed under factor three will increase from 944 acres to 1154 acres. There are no changes to factor one, two, and four as a result of the petition. The original recorded testimony is attached. Regarding the land area by which the District is to be expanded, what is the proposed timetable and estimated cost for systems, facilities and services. A time-table showing the distribution of district funds is attached. AGENDAITEM ~ JUN 2,6 Z00 Pg. , ~/ ,,, MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT SUMMARY OF OPINION OF PROBABLE COST AND ESTIMATED TIMETABLE FOR THE DISTRICT EXPANSION Infrastructure* Cost (in thousands of dollars) Primary** 2000 2001 2002 2003 2004 2005 2006 2007 Total Right-of-way Improvements*** 106 238 977 1,320 0 0 0 0 2,640 Utilities**** 215 430 1,021 1,021 0 0 0 0 2,688 Water Management 0 1,670 250! 0 0 0 0 0 1,920 Professional Fees 594 306 0 0 0 0 0 0 900 Restoring Wetland Mitigation 192 192 96 0 0 0 0 0 480 Off-Site Improvements 0 240 0 0 0 0 0 0 240 Land Acquisitions 0 2,040 0 0 0 0 0 0 2,040 Recreation/Security 0 0 223 90 47 0 0 0 360 Total Primary 1,107 5,116 2,567 2,431 47 0 0 0 11,268 * Estimated costs of construction are for those special powers granted under Section 190.012(1) Florida Statutes only. No Estimates are provided for any powers granted under Section 190.012(2) Florida Statutes, as amended, since the authority to execute these charter powers is determined by the local general purpose government within whose jurisdiction such powers are to be exercised, in this instance, Lee County. Until such determination is or may be made, upon petition by the district board of supervisors, not estimates of costs will be Prepared. ** The estimates for all basic is set forth in Section 190.012(1), Florida Statutes, amended. ** *Right-of-way cost include roadway lighting cost **** Currently, water and sewer being provided by Collier County Utilities AGENDA ITEM JUN 2-6 2001 MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT STEPHEN A. MEANS Engineering Considerations Establishment of Proposed Mediterra South Community Development District My name is Stephen A. Means. By profession I am a Professional Engineer registered in the State of Florida. Attached is my resume. My job is to raise and discuss engineering aspects and consequences of proposed new community development projects in general, and the various alternatives for the delivery of basic infrastructure to community developments. This includes the use of the specialized governmental entities known as Community Development Districts for the provision of basic infrastructure. Regarding the Mediterra South Community Development District which would provide infrastructure to The Mediterra Development, I have assisted in the preparation of the Petition, its required exhibits, and additional information pertinent to the engineering consequences of establishing the District. This document constitutes a summary of the engineering consequences of establishing the District on the identified property in the County. The general law which creates the charter of the District requires information which must be contained in all petitions, as required in the uniform establishment procedure set forth in Section 190.005, Florida Statutes. The Petition with its attachments establishes initial information on the record and triggers the process which results in an ordinance establishing the District on the legally described property, pursuant to Section 190.005(1)(a), Florida Statutes. The Statute then requires pertinent information as to the six factors which must be considered by the Petitioner, the County District Processing Team, and, ultimately, the members of the Board 6/15/99-54372 V~ 03!-IEVANS 02934-012-001 -ECOR-22927 AGENDA ITEM of County Commissioners of Collier County in establishing the District, pursuant to Section 190.005(1)(e)1-6, Florida Statutes. This document addresses the engineering aspects of not only the information in the Petition and its exhibits, but also the information related to consideration of the six statutory factors. I have reviewed the engineering consequences of establishing this District with the assumption, for the edification of the County staff and elected officials, that the District would exercise all of the systems, facilities, and services it is empowered to provide as basic infrastructure to the Community development under both subsection (c) and (2) of Section 190.012, Florida Statutes. After reviewing the Petition and its exhibits, I used the six factors as a guide for my engineering analysis in order to determine whether a particular problem specific to Collier County and the District is identified. I have also anticipated questions and concerns oriented specifically toward Collier County near the end of this document. FACTOR ONE Regarding creation and establishment of the District, my duties were to inspect the site within Collier County where the District is to be set up. I also helped prepare the Petition and its attachments from an engineering perspective. In my opinion, as an engineer, the Petition and its attached exhibits are tree and correct. Special Problems No special engineering problems were evident during my review. 6/1"5/99-54372 Vet: 03 !-JEVANS 02934 -012-001 .ECOE-22827 FACTOR TWO - AGENDA ITEM No. ~ JUN 2--6 2001 L Although not directly my responsibility because I am not a planner, I have reviewed the State Comprehensive Plan from an engineering perspective. I have found nothing in the State Comprehensive Plan with which creation and establishment of the District would be inconsistent. Furthermore, I have reviewed the Collier County Comprehensive Plan and have determined there is nothing with which creation and establishment of this District would be inconsistent. My work assumes for analysis purposes that the District, on this property in Collier County, will exercise any and all of its special powers as set forth in its charter, Section 190.006 - 190.041, Florida Statutes. I have also used the six factors in Section 190.005(1)(e) 1- 6, Florida Statutes, in the light of all the District's special powers to determine whether any specialized problems presently exist on this property in Collier County, or will evolve from the creation and establishment of the District. Currently, the Petitioner proposes to ask the Board of Supervisors of the District, once established, to provide certain specialized systems, facilities and services as basic infrastructure to the community development. However, once again, I have reviewed establishment of this District, from an engineering perspective, on he assumption that the district will exercise all of its powers under Section 190.012 (1) and (2), Florida Statutes. Preliminary to all of my work, I have reviewed the actual physical property to be included within the District. Regarding enclaves, I note that none exist or are proposed in the legal description of the District. Special Problems: No special engineering problems were evident during my review. 6/15/99-$4372 Ve~: 03!-JEVANS 02934-012-00 I-ECOR-22827 JUN 2' 6 2001 FACTOR THREE Having reviewed the property, in the light of the special powers available to the District, I then considered statutory Factor Three, which deals with whether the area of land within the District is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community. From an engineering perspective, a "community" is a residential, commercial or industrial community, or a community made up of a combination of uses. It has an infrastructure system which has certain engineering functions. All of these infrastructure systems must be designed and constructed so that their operation does not conflict with other services. These services also interrelate because they are necessary in combination to provide for the health, welfare, benefit, and enjoyment to the service users within the community. The term "functionally interrelated community," from an engineering perspective, means a community which provides systems, facilities and services in a consistent, reliable, and cost effective manner. The size of the land area is important in order to determine whether the proposed community development can functionally interrelate, from an engineering viewpoint. Having reviewed the size of the land area in question, I have determined that it is 944 acres, more or less. This acreage, in my professional opinion, is of sufficient size to provide for a functionally interrelated community development, which could be serviced by a Community Development District. From an engineering viewpoint, the word "compactness" means the lands within the community are situated such that the systems, facilities, and services can be provided AGENDA ITEM No._ JUN 2-$ 200'! functional and cost effective manner. In reviewing the land area for the proposed community development, I have determined that it is sufficiently compact because based on my experience with similar development, the community systems, facilities, and services can be provided in a functional and cost effective manner. As an engineer, I understand the term "contiguous" to mean adjacent and abutting. After analyzing the proposed layout of the community, it is my opinion that the land area of the District is sufficiently contiguous to have its systems functionally interrelate in an economical manner. In my opinion, reviewing the land area involved, I determine that it is of sufficient size, is sufficiently compact and is sufficiently contiguous to function as an interrelated community development itself. Special Problems: No special engineering problems were evident during my review. FACTOR SIX Factor Six is addressed next. It deals with whether the land area to be serviced by the District is amenable to special district governance. 6/ 5/99-54372 Vet: 0]!-.IEVANS 029~44) 12-001 -ECOR-22827 AGENDA ITEM NO. JUN 2,6 001 Having determined, by applyingthe information relevant and material to Factor Three, that the land area is of sufficient size, sufficiently compact and sufficiently contiguous to be a functional interrelated community development, the question now arises whether the land area and its community development are serviceable by the District. The Statute uses the term "amenable." From an engineering perspective, this term means the area can be adequately and economically served by the District provided systems, facilities or services. The key factor is to determine if there are economies of scale by providing the required and desired services through a Community Development District. Is the land area too small to obtain the benefits of a District even though it is not too small to be permitted as a new community? The answer is that since the land area, based on the proposed layout of the community, is sufficiently compact and contiguous to efficiently provide services, its size does not limit or render it incapable of providing significant economies of scale when governed by a special district. In my opinion the land area in the District is amenable because of its size and the proposed layout of the community. Also, there are no existing or proposed land features, facilities, enctunbrances or restrictions that would' make the services and special capabilities of the District difficult or inefficient to provide. Special Problems: No special engineering problems were evident during my review FACTOR FIVE Factor Five should be considered next. It deals with whether the District would be incompatible with any community development systems, facilities or services, either existing or ~-' authorized. 6~5/99-~4372 Vet 031-/EVANS 0293-1-0124101 -ECOR-22827 AGENDA ITEM Nc). ~ JUN 2001 From an engineering perspective, I understand the term "community development services or facilities" to mean those infrastructure providing use, benefit, and enjoyment to the users of the services or facilities. In reviewing the site, I have determined that the community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. Regarding the District facilities, systems and services, I view the term "compatibility," as an engineer, to mean the District provide facilities, systems, and services can be integrated into adjacent existing facilities, systems, and services without significant loss of function or economy. In my opinion, creation and establishment of the District and its systems and facilities will not be incompatible with all of the existing or future authorized local and regional systems, facilities and services. There will not be an overlap or duplication of services. The services provided by the District will augment and improve those provided by Collier County and its special districts. Special Problems: No special engineering problems were evident during my review FACTORFOUR It is now logical to review Factor Four. To determine if the District is warranted, it must be considered if it will be the best alternative to provide the required and desired services and facilities to the land area on which the District is to exist. There are three major public and private alternatives for the provisions of infrastructure systems, facilities, and services to AGENDA ITEM JUN 2,,6 2001 proposed functionally interrelated community developments. Purely private alternatives include a developer and a homeowner's association. The first public alternative is a Community Development District. The other public alternatives include the County, County management with a Municipal Service Taxing Unit (MSTU) or Municipal Service Benefit Unit (MSBU), County dependent special districts, and other regional and local independent districts. In reviewing these alternatives for the particular land area in question in Collier County, I reviewed the availability of existing services, the effort and cost required to extend service to the community development, the cost of providing daily service, and the long term level of management and maintenance required for the systems, facilities and services. From an engineering perspective, although Collier County has decided under most circumstances to provide water, sewer, and irrigation services through a dependent district, or independent purveyor, the County has not determined to provide other infrastructure to community developments. The CountY is not, in my opinion, the best alternative to provide those other systems, facilities and services from an engineering viewpoint for the following reasons: The County has not master plannedl designed, nor funded those other systems, facilities, and services. The purpose of the District is to design, build, fund, and operate those other systems, facilities, and services. Regarding the private developer, any private company, or a homeowner's association as an alternative way to provide the remaining systems, facilities and s6rvices, I note as an engineer, that there are a number of disadvantages including: 02934.O 12-001 -ECOR-22827 AGENDA ITEM NO. JUN 2-6 2001 * Tbe private developer may not have the funds to provide or complete the remaining systems, facilities, and services. · The homeowner's association may not adequately plan for the long term maintenance and replacement of the systems, facilities, and services. Accordingly, the best altemative for this property, in my opinion as a professional engineer dealing with infrastructure provisions for the community development project is the District itself. The basis for this opinion is my experience as a civil engineer working in Collier County and dealing with Collier County Government and the private development community on a daily basis. Special Problems No special engineering problems were evident during my review 6/15/99-54372 Vet 0:H-/EVANS 02934-0 ! 2-001 -ECOR-2282'/ AGENDA ITEM No. JUN O01 EXECUTIVE SUMMARY RECOMMENDATION TO AMEND THE COLLIER COUNTY ANIMAL CONTROL ORDINANCE OBJECTIVE: To promote responsible pet ownership, strengthen staff enforcement activities and establish appropriate penalties for violations of the Collier County Animal Control Ordinance~ CONSIDERATION: The proposed ordinance amendment is designed to create a fee structure which reflects the cost of specified services provided by the Domestic Animal Services Department. It establishes a series of graduating fees and fines to deter repeat violations of County Ordinance and establishes a financial incentive system to promote spaying and neutering of pets in Collier County. In developing this Ordinance staff took the following steps: Requested and received several Animal Control Ordinances from other Counties in the State of Florida and from progressive animal control programs outside the State. Developed a local Animal Welfare Citizens Task' Force which was asked for recommendations relating to this ordinance. Compiled a comparison of fees and fines with the actual costs associated with specific regulatory and enforcement activities. The following issues were identified and addressed: 1. The current ordinance lacks any form of graduating fines associated with repeat violations with the exception of court citations which had very low fines attached and no consequences when left unpaid. 2. The current maximum fines associated with court citations are set too low to force the desire compliance actions. 3. The majority of the current fees are below costs associated with providing the services. 4. The current county ordinance lacks any form of registration or fees established for registration of dangerous dogs as directed by State Statue. The proposed ordinance addresses these issues by providing multiple options and increased fines for repeat violations. It also establishes the ability of the Animal Officer to require court appearances when previous citations have gone unpaid. FISCAL IMPACT: The proposed amendments to the Animal Control Ordinance will result in Neuter/Spay Trust Fund revenues increasing by $1,200 in FY-01 and $4,000 in FY-02, with respective increases in reserves for contingencies. General Fund revenues will increase by $6,900 in FY-01 and $23,600 in FY-02, with respective increases in reserves for contingencies. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: Staff recommends that the Board approve the attached ordinance. SUBMITFED BY: APPROVED BY: ~Director Leo ~. Oc~s, Jr., Publi~ Services Administrator 2 · 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2' 28 29 30 31 32 ~3 ~4 35 3~ 3~ 38 39 40 41 42 43 4'4 45 46 47 48 49 50 5I 52 53 54 55 56 59 60 61 62 ORDINANCE NO. 2001 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER COUNTY ORDINANCE NO. 93-56, AS AMENDED, THE ANIMAL CONTROL ORDINANCE, BY INCREASING SOME EXISTING FEES AND ADDING SOME NEW FEES; ADDING A $5.00 SURCHARGE FOR EACH VIOLATION CITED; INCREASING THE TYPES OF VIOLATIONS WHICH AUTHORIZE OR REQUIRE A MANDATORY COURT APPEARANCE; AMENDING SECTION SIX REGARDING DANGEROUS DOGS; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, The staff of Collier County Domestic Animal Services has recommended to the Board of County Commissioners that Ordinance No. 93-56, as amended, be amended to change fees and fines collected by Domestic Animal Services; and: Existing annual fee for non-neutered pets be increased from $14 to $25, except breeding dogs and cats owned by, or permanently associated with, a Collier County licensed kennel shall pay an annual $10 fee for each non- neutered dog or cat if the animal is older than one year of age. These fees were established by Resolution Nos. 93-404 or 95-107, and were amended by Resolution No. 96-178. Existing daily animal boarding fees be increased from $5 to $7. Establish daily boarding of $10.00 for 2no, 3ro or more impoundments. Existing $20 fee for impounding animals be increased based on the number of impoundments and whether the animal is neutered: 1st impoundment of neutered pet is $25 1st impoundment of non-neutered pet is $75, $50 to be refunded if neutered within sixty days of the impoundment. 2"~ impoundment (or subsequent) ot neutered pet is $50; $75 if non- neutered. 3ro (or subsequent) impoundment of neutered pet is $100; $125 If non- neutered. Existing $30 fee for impounding livestock be based on the number of impoundments of the same livestock or from the same location: lS~ impoundment - $50 2"'~ ~mpoundment- $75 3r° impoundment- $100 (Administrative fees and other fees are not changed). Existing annual Kennel Permit Fee be increased from $20 to $50. Establish an annual fee for registration of dangerous dogs (authorized by Subsection 767.12(2)(c), Florida Statutes). Existing fee of $20 for "Notice of Violation" offenses be increased based on the number of such Notices issued to the same violator: 1st Offense = $25; 2nd Offense = $35; 3r~ O[fense = $50 Existing 1st non-aggravated citation fee be increased from $50 to $100. Existing 2'~d non-aggravated citation fee be increased from $150 to $200. Existing fee for 3r° non-aggravated offense (which requires mandatory court appearance) to be recommended to the Judge be increased from $300 to $400, but, as required by Statute, cannot not exceed $500 per violation. Underhned text ~s added: ~.'-_'e.t: :..rough text is deleted. Agen~Item 1 Existing fee for 1st aggravated offense citation remains at $250. Existing fee for 2ne aggravated offense citation increases from $300 to $350 4 ~ Authorizes the issuing officer to require a mandatory court appearance for 6 a second and each subsequent aggravated violation. 7 8 Imposes a $5.00 surcharge for each cited violation authorized by 9 subsection 828.27(4)(B), Florida Statutes, to train Animal Control Officers. 10 ~] Adds new subparagraphs 4, 5, 6 and 7 to SECTION FOUR, thereby 12 incorporating into this Ordinance amended text from Collier County Resolution t3 No. 96-63 and increasing from $2.00 to $5.00 the neuter/spay program fee for ]4 each non-neutered dog or cat; and ]5 16 Adding three new paragraphs to SECTION S!X to clarify provisions 17 regarding dangerous dogs. WHEREAS, The Board of County Commissioners concurs with these 20 recommendations from Collier County Domestic Animal Services. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. SECTION TWO, Subsection C, of Collier County Ordinance No. 93-56, as amended, is hereby amended to read as follows: 2? 28 29 30 '1 ~2 33 34 35 36 3~ 40 41 42 43 44 45 46 47 48 49 50 C. 1. Cost of annual license for dog or cat is: Dcg $6.00 $7.00 for neutered. $8.00 non-neuter under one year of age, $25.00 $20.00 for i_f non-neutered and one year of a.qe or older. Cat $6.00 fe~.--$20.O0 fcr ncn,,,,eu.ter-ed. Exception: This annual fee shall be $10 if the non-neutered dog or cat is more than one year of a.qe and is a breeding pet or a show pet owned by a Collier County licensed kennel or by any owner of the kennel. The animal's owner is responsible te-t~eve fo_zr_p_[o__vidin.q proof that his or her cat or dog has been neutered. 2. Cost of obtaining duplicate tag is $4.00. 3. The cost of such license is waived for persons who are legally blind or deaf and whose dog is a seeing-eye dog, a hearing-ear dog, or a law enforcement dog certified as such by a court of law or other authorized governmental certifying agency. 4. License fees established by this Ordinance may from time to time be revised by resolutions of the Board. SECTION TWO: SECTION FOUR, Subsection E, of Collier County Ordinance No. 93.56, as amended, is hereby amended to read as follows: E. 1. Fees related to impoundments are as follows: a. First Impoundment of dogs, cats and other small animals: $20.00 $25.00 if neutered; $75.00 if non-neutered; $50.00 is to be refunded if the animal is neutered within sixty (60) days after impoundment. Second Underhned text Is added; stm~d~q~agh text ~s deleted JUN 2 001 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2' 28 29 3O 32 33 34 35 36 37 38 39 40 41 'impoundment if neutered: $50. Second impoundment if non-neutered: $75. Third (or subsequent) impoundment if neutered: $100.00. Third (or subsequent) impoundment if non-neutered: $125.00. First Impoundment of equine, bovine and other livestock: $39.90 $50.00. Second impoundment of the same livestock or other livestock from the same site: $75.00. Third (or more) impoundment of same animals or from the same site: $100.00. b. Advertising of impounded livestock: direct cost plus 50% for administration. c. Laboratory and veterinarian fees: direct cost plus 50% for administration. d. Transportation and service fees for impounded livestock: direct costs plus 50% for administration. e. Daily board for animal: $5.09 $7.00. This fee shall be $10.00 for each animal that is impounded more than once. 2. T-he-D/rector of Anima! Contr~ted-aut~.erit:,, te-roviee The above fees may be revised by upon~. Resolutions approved adopted by the Board. SECTION THREE: SECTION FOUR, Subsection G, of Collier County Ordinance No. 93.56, as amended, is hereby amended to read as follows: G. In addition to, or in lieu of, impounding any animal found in violation of this Ordinance, the Director of Domestic Animal Services 6ontro!, Deputy Sheriff, municipal police officer, or other enforcement officer empowered to enforce this Ordinance, may issue to the owner of (or to the person in custody of) such animal a notice of violation and a service fee of twenty-fiv.~e_ ($25) dollars for the first such notice to be paid to tt:~e-4;~--~ Domestic Animal Services .'~.nima! Control within seventy-two (72) hours, excluding Saturdays, Sundays and legal holidays. The fee for a second notice of violation issued re,qardin.q the animal, owner, or custodian, ~s thirty-five dollars ($35), and is fifty dollars ($50) for a third notice and all subsequent notices. If the applicable such fee is not paid within the prescribed time, the matter will be accorded appropriate enforcement and/or collection provision. SECTION FOUR: SECTION FIVE, Subsection A.3, of Collier County Ordinance No. 93-56, as amended, is hereby amended to read as follows: 3. Collier County adoption fees: a. A fee of t.e~ twenty dollars ($20.00_) ($!0.00) shall be charged for each dog or cat adopted. b. A fee for all other animals adopted will be determined by market value of the animal. Underlined text is added; st.--.::..t; t.h. reugh text is deleted. JUN 2 1 -1 9 10 Il 12 13 14 15 16 17 15 19 20 21 ~ 22 24 25 26 2'2 25 29 30 32 33 35 36 3'~ 3~ 39 40 41 SECTION FIVE: SECTION FIVE, subsection A, of Collier County Ordinance No. 93-56, as amended, is hereby amended by adding new subparagraphs 4,5,6 and 7 thereto, to read as follows: 4. The County's neuter/spay pro,qram for do.qs and cats shall be funded in part from deposits into the County's neuter/spay pro,qram as follows: a. $5.00 from each non-neutered (non-spayed) animal license fee. b. $30.00 neuter/spay fee for each do,q adopted from the County. c. $20.00 neuter/spay fee for each cat adopted from the County. 5. Upon verification that authorized services have been rendered by a veterinarian, fees from the neuter/spay trust fund are to be paid to that veterinarian, subject to availability of funds in that trust fund. The amount of the fee(s) to be paid to the veterinarian for services rendered shall be as specified in a written a.qreement between the County and the veterinarian. 6. Administration of the neuter/spay pro.qram shall remain under the control of the Director of Domestic Animal Services. Accountin,q for the disbursement of the neuter/spay fees shall be in accordance with procedures of the County's Finance Department. 7. Veterinarians are authorized to sell doff licenses and cat I!cer]ses and the County shall pay a service tee of $1.00 for each such license sold. Forms and license ta.qs will be furnished by the County to the vetennarian. SECTION SIX: New paragraphs g, h and i are hereby added to SECTION SIX of Collier County Ordinance, No. 93-56, as amended. These new Paragraphs read as follows: g If the Director of Domestic Animal Services makes an initial determination that a do.q is dan,qerous, the County shall provide written notification of that determination to the owner of the do,q, by certified mail, by certified hand delivery, by service pursuant to Chapter 48, Florida Statutes, or as otherwise authonzed by Florida Statute. The Director's initial determination shall automatically become final unless the do.q's o. wner, within {7) calendar days after receipt of the notice, files a written_request for a hearin,q to challen.qe the Director's initial determination. If the do.q's owner files a timely written request for a challen,qe hearinq, the effective date shall be the date of the final decision of the challenqe hearin,q forum. h. Certificate of Re.qistration of Dan,qerous Do.q. Not later than four (4_.) calendar days after the final effective date, as specified above, that the do.q is determined to be a dan,qerous do.q, the do.q's owner must file a complete written standard form application with Domestic Animal Services to he issued a Certificate of Reqistration for the dan.qerous do,q. The duration of each Certificate is three hundred and sixty-five (365) days. The Underlined text ~s added; s..~.'ck ~g-oagh text ~s deleted. J U N 2 t:;,,2001 g. ,,~ 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.4 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 41 42 application/administration fee for each such Certificate shall be three hundred dollars ($300). A complete application for the initial Certificate of Reqistration shall include: (i) the filing fee and late fees, if any; (ii) a receipt or other written proof that the doq has been permanently identified as a dangerous dog; (iii) a color photograph that cleady shows the front of each required sign posted at the premises of the danqerous dog; and (iv) a current certificate of vaccination for the dog. The County shall have up to ten (10) days after receipt of a complete application form to issue the requested initial Certificate. Subject to the ten (10) days to issue the Certificate, if the original Certificate is not issued by the fourteenth (14"') day, there shall be a late fee of ten dollars ($10) per day for each day that the Certificate is not issued. i. Annual Renewal of Certificate of Reqistration. A standard form application to renew each Certificate of Reqistration must be filed annually at least ten (10) calendar days prior to the date that the respective Certificate is to expire. A complete application for a renewal certificate shall include a three hundred dollar ($300) renewal/administrative fee, a then current color photo.qraph of each dan.qerous dog sign posted at the premises where the dangerous do.q resides, and a then current certificate of vaccination. There shall be a late fee of $10.00 for each day that a complete application for renewal is not filed by the deadline date. SECTION SEVEN: SECTION TEN, Subsection A, of Collier County Ordinance No. 93-56, as amended, is hereby amended to read as follows: . A. Every person who owns or operates a kennel, pet shop, grooming shop, er stable, or combination thereof, shall on or before October 1st of each year obtain a permit from the Director of Domestic Animal Services ,~,.",!m3! r-~,,,+,~v..,, v.. A fee of fifty twer~ dollars ($50) ~¢,~n~,~~v, .... ,~m be changed for the permit. The fee to any humane society or not-for-profit animal protection agency is automatically waived. SECTION EIGHT: SECTION SEVENTEEN, Paragraph C, of Collier County Ordinance No. 93-56, as amended, is hereby amended to read as follows: C. Each violator shall be required to pay a surcharqe of five dollars ($5.00) for each cited violation. Each AriS' such person or entity that commits a firsCer-se~qd one or more civil infraction(s) under this Ordinance, but does not contest the citation, shall pay a fine be-Cm~ r~tJ~)4~<c,~4~ree hundred do!!ars ($300.00) for each such separate offense as follows: 1. NON-AGGRAVATED VIOLATIONS: The Fines for an uncontested citation of violation of any provision of Ordinance, except any aggravated violation described in paragraph 2 below, are as follows: a. FIRST CITATION: $50.00 $100.00 for each firs__~t offense. Underlined text ~s added; ~:.-"ack tS:eagqa text ~s deleted. Ager~t~^! tern NO. JUN Pg 1 5 6 '7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ~3 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 a3 b. SECOND CITATION: $!50.00 ~200,00 for each second offense. c. THIRD (OR MORE) CITATION: $300 for each such offense if.__~a mandatory court appearance is not required by the citation. If a mandatory Court appearance is required by the citation, the recommended fine should be more than $350.00 but not more than $500.00. The amount of the fine(s) shall be as determined by the trier of fact. A mandatory court appearance shall be required for each third and each subsequent citation if the violator has not at the time of issuance of the citation paid all fines and all surcharges for all prior citations. 2. AGGRAVATED VIOLATIONS: For each uncontested aggravated violation cf an;,' a~g?-,:at~d ,:!c!:t!on, being a violation of Section FIVE, Paragraph B, (animal testing or sacrifice) or of Section SIX, paragraph 9 or 10, or any violation of any paragraph 1 through 9 of Subsection A of Section TWELVE (all related to animal cruelty), the fines and court appearance obligations are as follows: a. FIRST CITATION: $250.00 for each firs__.~t aggravated violation. b. SECOND CITATION: [~30~.4~) $350.00 for each second aggravated violation and a mandatory court appearance in County Court. c. THIRD (OR MORE) CITATION: A mandatory Court appearance and a recommended fine of more than $300.0~ $400.00 but not more than $50000 for each such aggravated violation. The amount of such fines shall be determined by the Judge or other trier of fact. 3. A person who is required to appear in Court does not have the option of paying the fine instead of appearing in court. 4. A citation that is dismissed by the county, by the court or by other trier of fact shall not count as a prior citation for the purpose of determining the number of prior citations issued to that violator. 5. Notw thstandin.q anything in this Article, the individual who issues the citation or other p eadinq may require a mandatory court appearance if a mandatory court appearance is in that instance authorized by law. SECTION NINE. 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. All fees established or changed by this Ordinance supersede all fees established or amended by Collier County Resolution Nos. 93-404, 95- 107, 96-63, 98-178, all of which Resolutions shall be repealed by a Resolution to be effective on the effective date of this Ordinance. ~Underlined text :s added; c~qz,~4h~.~a~ text is deleted. A g e r~l~Z~t, ern JUN Z b Pg. 6 '7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 2'7 28 SECTION TEN. 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 ELEVEN. 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 form And legal sufficiency Thomas C. Palmer, Assistant County Attorney Underlined text ~s added; s..~.:'cv- '..~..-e'_'gh text Is deleted, Agenc~ ~tem NO. Z ,.;.!3; Pg* ? ~ EXECUTt'VE SUMMARY RECOMMENDATI~ON THAT THE BOARD OF COLL1'ER COUNTY COMMtSSIONERS APPROVE THE ATTACHED ORDINANCES CREATI~NG THREE NEW HORt'ZON COMMITTEES FOR HEALTH AND HUMAN SERVZCES~ COMMUNITY CHARACTER/SMART GROWTH~ AND WORKFORCE HOUSING. OB3ECTZVE: To create fresh committees with County Commissioners serving on each to develop policy recommendations that can address key issues facing Collier County. CONSIDERATIONS: The County Commission at its Strategic Planning session and again at the regular meeting of May 22® endorsed the idea of the Horizon Committees. The mission of each committee was to bring policy recommendations to the BCC designed to address five key issue areas facing our community. Two separate committees: the existing community wide committee efforts of the Conservancy to address green space issues and the Economic Development Council's, Public Policy Committee were suggested as existing committees that could address economic development and green space policy areas. Attached are ordinances which have been prepared by the County Attorney's Office to create the balance of the proposed Horizon Committees; Health and Human Services, Community Character/Smart Growth and Workforce Housing. In each case, the ordinances are written in such a way as to cause the committees to expire one year from their creation. Should it be necessary, committees can be extended by resolution. The Commissioner, who is to serve as the liaison with each committee, must be formally voted upon by the full County Commission. Following adoption of the ordinances, the BCC Office will advertise for members and members will be appointed by the full Board as with other committees. The key to these committees is the participation of an individual county commissioner on each as the policy recommendations are developed. The staff can be available to provide information, and attend meetings as needed. However these committees are being created in part to bring in fresh ideas from this and other communities and to provide time for the staff to direct its resources and efforts toward the number of major projects already underway, including but not limited to: revamping the County's Transportation Planning, financing and construction efforts, retooling the County's AUIR and concurrency management program, completing construction on the North County Wastewater Treatment Plant, moving forward on the South County Wastewater Plant design, permitting and construction, reconstructing landfill cells ! & 2, implementing new recycling programs, finalizing long range solid waste disposal ~lans, revamping N AGF-J~LTEM -' JUN' ~ ~' 2001 the beach renourishment program, completing rural fringe and rural lands work within the next twelve months, reviewing the balance of cash collection and processes in the Development Services Department, and reviewing the existing policies and land development codes in a systematic through a systematic review. GROWTH MANAGEMENT ZMPACT: There is no direct impact on the County's Growth Management (GMP, also known as the "Comprehensive Plan") as a result of this action to create these committees. However, as most of the committees are designed to bring back policy recommendations including a specific committee looking at Community Character and Smart Growth, it is fully expected that the results of these Horizon Committees will directly affect the GMP. FXSCAL XMPACT: It is anticipated that the cost for these committees will cost less than $3,000 annually. Expenses may include the cost of copies, minutes, postage, and perhaps mileage reimbursements. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, approve the three attached ordinances creating a committee for Health and Human Services, Workforce Housing, and Community Character/Smart Growth, and formally appoint the commissioner to serve as liaison to each and to the existing Public Policy Committee of the Economic .Development Council and the Green Space Committee of the Conservancy, Prepared by: 'Thomas W.-'--~li'~unty Manager lA ~,E~Nk~ ~q ITEM No._ ~ ~ JuN2 ~i 2001 ! 2 3 4 5 7 $ 9 10 11 12 13 14 15 16 17 18 2o 21 22 23 24 25 26 27 28 3o 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 5o 51 52 ORDINANCE NO. 2001- AN ORDINANCE ESTABLISHING THE COLLIER COUNTY HEALTH AND HUMAN SERVICES ADVISORY COMMITTEE; PROVIDING FOR . CREATION AND PURPOSE; PROVIDING FOR TERMS OF OFFICE, APPOINTMENT OF MEMBERS, FAILURE TO ATTEND MEETINGS, AND DESIGNATION OF A LIAISON; PROVIDING FOR OFFICERS, QUORUM AND COMPENSATION; PROVIDING FUNCTIONS POWERS AND DUTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR DISSOLUTION OF THE COMMITTEE AND REPEAL OF ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on March 9, 2001, during the Strategic Planning Workshop, the Board of County Commissioners discussed the need for the development of a comprehensive health and human services plan for Collier County; and WHEREAS, County staff desires to have the Board of County Commissioners establish an ad-hoc advisory committee to assist staff in developing a comprehensive health and human services plan. NOW, THEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ere,,tion of the Ad Hoc Health and Human Services Committee, Pursuant to the provisions of Collier County Ordinance No. 86--41, as amended or its successor ordinance, the Board of County Commissioners hereby creates the Health and Human Services Committee (the "Committee") to assist in the development of a comprehensive health and human services plan for Collier County. SECTION TWO: Terms of Office; Appointment of Members; ,,nd Failure to Attend Meelings. The Committee is hereby created as an ad hoc Committee for a period to expire one (I) year from date of this Ordinance. As authorized by Section 112.313(7)(b), Florid~ Statutes, the Board of County Commissioners finds that members from the below listed professions or occupations are determined necessary to assist in the development of a comprehensive health and human services plan and are permitted or required by this Ordinance. Membership of this Committee shall be sought and appointed in accordance with Collier County Ordinance No. 86- 41, as amended or its successor ordinance. The Committee shall consist of sixteen (16) members from a broad base of citizens and disciplines including: The United Way of Collier County The Community Foundation of Collier County The Collier County Community-Based Care Alliance The Southwest Florida Workforce Development Board The Collier County Public School District The Collier County Sheriff's Office The Collier County Hunger & Homeless Coalition The Naples Area Chamber of Commerce The Collier County Mental Health Association The Collier County Dental Association The Naples Community Hospital The Cleveland Clinic j., AGE~NDA ITEM JUN Z 6 2001 ? $ 9 10 1! 12 13 14 18 19 2O 2! 22 23 24 25 26 2? 28 29 30 31 32 33 34 35 36 3? 38 39 4O ,11 42 ,13 The Banking and Trust Industry The Collier County Health Care Planning and Finance Committee The Health Insurance Industry A local independent Health Care Provider ff any member of the Committee is absent from two (2) or more consecutive meetings without a satisfactory exouse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 86-41, as amended or its successor ordinance. The Board of County Commissioners shall elect a Commission member to act as Liaison for this Committee. Upon Board of County Commissioners approval, the Liaison may serve in an Oho going capacity. The functions, powers and duties of the Liaison shall be to periodically inform the County Commission regarding ongoing issues and activities of the Health and Human Services Advisory Committee. SECTION TI~REE: Officers; Quorum; Compensation. The officers of the Committee shall be elected by the membership of the committee and shall include a Chairman, Vice-chairman and Secretary. The presence of a majority of the voting members shall constitute a quorum. The Committee may adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR: Functions, Power~ and Duties of the Committee. The functions, powers and duties of the Committee shall be to propose an integrated system of private and public funding to meet the needs of local health and human service agencies. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. Ail meetings shall be held after reasonable public notice is provided as to the location, time and subject matter of the meetings. SECTION FIVE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other apl~licable 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 SIX: Dissolution of Committee; Repeal of Ordinance. At the conclusion of one (1) year from the date of this Ordinance, the Committee's services shall be dissolved and this Ordinance shall be automatically repealed. If, by resolution, the Board of County Commissioners extends the term of the Committee, this repealing provision shall be extended until the Committee is dissolved. SECTION SEVEN: Effective Date. This Ordinance shall take effect upon filing with the Department of State. AGF'-U-~ ^ ~'r ~ ~,4 No. i~ __ JUN 2 6 2001 Pg. L~ $ 6 ? 8 9 10 11 12 13 14 15 16 17 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 OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: 19 20 21 Chief Assistant County Attorney 22 23 24 RMtlm 25 26 1 2 3 4 $ 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 29 3O 31 32 33 34 35 36 3? 38 39 4o 41 42 43 4? 49 ORDINANCE NO. 2001- AN ORDINANCE ESTABLISHING THE COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITrEE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR TERMS OF OFFICE, APPOINTMENT OF MEMBERS, FAILURE TO ATTEND MEETINGS, AND DESIGNATION OF A LIAISON; PROVIDING FOR OFFICERS, QUORUM AND COMPENSATION; PROVIDING FUNCTIONS POWERS AND DUTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR DISSOLUTION OF THE COMMITYEE AND REPEAL OF ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 10, 2001, the Board of County Commissioners accepted the Conununity Character Plan and endorsed the general objectives described in the Plan as "Setting the Course;" and WHEREAS, on March 9, 2001, during the Strategic Planning Workshop, the Board of County Commissioners discussed the need for the implementation of the Community Character Plan and other smart growth concepts for Collier County; and WHEREAS on June 5, 2001, during the Community Character Plan Workshop, the Board of County Commissioners agreed that a citizen committee be established to assist staff with the implementation of the Community Character Plan through amendmems to the Collier County's Growth Management Plan, Land Development Code and other changes, and WHEREAS, County staff desires to have the Board of County Commissioners establish an ad-hoc advisory committee to assist staff in implementation of the Community Character Plan and other smart growth concepts; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation of the Community Character/Smart Growth Advisory Committee. Pursuant to the provisions of Collier County Ordinance No. 86-41, as amended or its successor ordinance, the Board of County Commissioners hereby establishes the Community Character/Smart Growth Advisory Committee (the "Committee") to assist staff in the implementation of a Community Character Plan. SECTION TWO: Terms of Office; Appointment of Members; and Failure to Attend Meetings. The Committee is hereby created as an ad hoc Committee for a period to expire one (1) year from the date of this Ordinance. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No,. 86-41, as amended or its successor ordinance. As authorized by Section 112.313(7)Co), Florida Statutes, Board of County Commissioners finds that members from the below listed professions or occupations are determined necessary to assist in the implementation of a community character plan and are permitted or required by this Ordinance. The Committee shall consist of a county commissioner and twelve (12) members from a broad base of citizens and disciplines including two ..... ~..4~o.~,~ urehitecture, land devel°pment representatives °r experts in the fields °f archit I~ .... ~'o~ JUN 2 Iii 200I Pg... ? 8 9 10 l! 12 13 14 15 ]? 19 20 21 23 24 25 26 2? 28 29 30 31 32 33 34 35 36 37 38 39 40 41 use or transportation planning two environmental representatives, eight community leaders (civic, homeowner associations, presidents and directors with interest or expertise in the fields of architecture, landscape architecture, land use or transportation planning) or citizens. If any member of the Committee is absent from two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 86-41, as amended or its successor ordinance. The Board of County Commissioners shall elect a Commission member to act as Liaison for this Committee. Upon Board of County Commissioners approval, the Liaison may serve in an on-going capacity. The functions, powers and duties of the Liaison shall be to periodically inform the County Commission regarding ongoing issues and activities of the Community Character/Smart Growth Committee. SECTION THREE: Officers; Quorum; Compensation. The officers of the Committee shall be elected by the membership of the committee and shall include a Chairman, Vice-chairman and Secretary. The presence of a majority of the voting members shall constitute a quorum. The Committee may adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members oftbe Committee shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be: A. To oversee and assist staff with the implementation of the Community Character Plan and other smart growth concepts; and B. To provide outreach to neighborhoods and other groups (developers, chambers of commerce, shopping center owners, industrial park owners and tenants) to encourage involvement in pursuing the goals of the Community Character Plan; and C. To provide a forum for discussion of additional long-range planning ideas to further the imp_lementation of the goals of the Community Character Plan and other smart growth concepts. D. To make recommendation to the Board of County Commissioners on the Governor's Committee on Growth Management changes~ All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held aider reasonable public notice is provided as to the location, time and subject matter of the meetings. SECTION FIVE: 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. JUN 2 6 2001 Pg ! 2 3 4 6 7 8 9 10 12 13 ~4 16 ~? ~8 19 20 21 22 23 24 25 26 2'7 28 29 30 SECTION SIX: Dissolution of Committee; Repeal of Ordinance. At the conclusion of two (2) years from the date of this Ordinance, the Committee's services shall be dissolved and this Ordinance shall be automatically repealed. If, by resolution, lhe Bosrd of County Commissioners extends the term of the Committee, this repealing provision shall be extended until the Committee is dissolved. SECTION SEVEN: Effective Date. This Ordinance shall take effect 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. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: R~miro-Mafialicl~r/.' Chief Assistant County Attorney JUN 2 6 , 091 3 1 2 3 4 5 6 ? 8 9 lo 1! 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 45 46 47 48 49 ORDINANCE NO. 2001- AN ORDINANCE ESTABLISHING THE WORKFORCE HOUSING ADVISORY COMMITTEE; PROVIDING FOR CREATION AND PURPOSE; PROVIDING FOR TERMS OF OFFICE, APPOINTMENT OF MEMBERS, FAILURE TO ATTEND MEETINGS, AND DESIGNATION OF A LIAISON; PROVIDING FOR OFFICERS, QUORUM AND COMPENSATION; PROVIDING FUNCTIONS POWERS AND DUTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR DISSOLUTION OF THE COMMITTEE AND REPEAL OF ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 15, 2001, during the Affordable Housing Workshop, the Board of County Commissioners voiced concern regarding workforce housing in unincorporated Collier County; and WHEREAS, County staff desires to have the Board of County Commissioners establish an ad-hoc advisory committee to assist staffin its study of the workforce housing concerns. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation of the Workforce Housing Committee. Pursuant to the provisions of Collier County Ordinance No. 86-41, as amended or its successor, the Board of County Commissioners hereby creates the Workforce Housing Advisory Committee (the "Committee") to assist staffin its study of world'orce housing concerns in Collier County. SECTION TWO: Terms of Office; Membership; Failure to Attend Meetings; and Designation of Liaison. The Committee is hereby created as an ad hoc Committee for a period to expire one (1) year from the date of this Ordinance. Membership of the Committee shall be sought and appointed in accordance with Collier County Ordinance No. 86-41, as amended or its successor ordinance. As authorized by Section 112.313(7)Co), Florida Statutes, the Board of County Commissioners finds that members from the below listed professions or occupations are determined necessary to assist in the development of a greenspace plan and are permitted or required by this Ordinance. The Committee shall consist often (10) members from a broad base of citizens and disciplines including the Collier Building Industry Association, Hotel/Motel Association, American Subcontractors, Board of Realtors, a current developer of workforce housing, the banking community, and a land use attorney. If any member of the Committee is absent from two (2) or more consecutive meetings without a satisfactory excuse, such member's position may be declared vacant by the Board of County Commissioners as prescribed by Collier County Ordinance No. 86-41, as amended or its ~uccessor ordinance. The Board of County Commissioners shall elect a Commission member to act as Liaison for this Committee. Upon Board of County Commissioners approval, the Liaison may serve in an on- going capacity. The functions, powers and duties of the Liaison shall be to periodically inform the County Commission regarding ongoing issues and activities of the Workforce Housing Advisory Committee. - No. 1 SECTION THREE: Officers; Quorum; Compensation. 2 The officers of the Committee shall be elected by the membership of the Committee and 3 shall include a Chairman, Vice-chairman and Secretary. The presence of a majority of the voting 4 members shall constitute a quorum. The Committee may adopt rules and procedures for the 5 transaction of business and shall keep records of meetings, findings and determinations. The 6 members of the Committee shall serve without compensation, but may be reimbursed for travel, 7 mileage and/or per diem expenses only if' approved, in advance, by the Board of County $ Commissioners. 9 SECTION FOUR: Functions, Powers and Duties of the Committee. 10 The functions, powers and duties of the Committee shall be to develop policy 11 recommendations that will increase the inventory of affordable workforce housing and to 12 identify and address issues relative to the shortage of affordable workforee housing. 13 Ail meetings shall be open to the public and shall be governed by the Florida Government 14 in the Sunshine Law. All meetings shall be held after reasonable public notice is provided as to 15 the location, time and subject matter of the meetings. 16 SECTION FIVE: Conflict and Severability. 17 In the event this Ordinance conflicts with any other ordinance of Collier County or other 15 applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held 19 invalid or unconstitutional by any court of' competent jurisdiction, such portion shall be deemed a 20 separate, distinct and independent provision and such holding shall not affect the validity of the 21 remaining portion. . 22 SECTION SIX: Dissolution of Committee; Repeal of Ordinance. 23 At the conclusion of one (1) year from the date of this Ordinance, the Committee's services 24 ~hall be dissolved and this Ordinance shall be automatically repealed. If, by resolution, the Board 25 of County Commissioners extends the term of the Committee, this repealing provision shall be 26 extended until the Committee is dissolved. 27 SECTION FIVE: Effective Date. 28 This Ordinance shall take effect upon filing with the Department of State. 29 30 31 32 33 34 35 36 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 OF COLLIER COUNTY, FLORIDA 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Approved as to form and legal sufficiency: Chief Assistant County Attorney By: JAMES D. CARTER, Ph.D., Chairman j AGE~F-M No. ~.~, JUN 2 2001 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE ESTATES MASTER PLAN AD HOC COMMIT~.E _OBJECTIVE: To appoint 10 members to serve a term of one year on the Golden Gate Estates Master Plan Ad Hoe Committee CONSIDERATIONS: Tbi_s 10 member committee was established on March 27, 2001 by Resolution No. 2001-90 to assist in the development of any necessary Request for Proposals (RFP's) for consulting services; aid and assist in the restudy of the Golden Gate Area Master Plar~ This would include assisting staffwith the review and development of policy recommendations form the Rural Fringe Committee and the Community Character Plan findings relative to the Golden Gate Area Mater Plan; and identify and address issues relative to the Golden Gate Mobility Study, Commercial and Industrial Land Use Study, assessment of locational criteria for Conditional Uses. A press release was issued and resumes were received from the following 28 interested citizens: APPLICANT CATEGORY D, II~T ELECTOR AD% COMM. Tiber (Ty) A$oston ' 5 Yes. Rural Fringe "' Karen M. Aequard Civic Leader 5 Yes G.G. Land Trust Shed Barnett 5 Yes None Nancy B'isbee 5 Yes None . $ohn E. Boutwell ' Civic Leader/Planner 5 Yes None 3ill R. Davis Not qualified 5 Yes None 5 Yes Select C~mm/Health Care Finance" Mike Davis , , , Joy P. Dawson 5 yeS None ..... Richard F. Dimond ,,, 3 Yes None 5 Yes None Robert Ducharme .. Linda l-lartman Civic Leader 5 'Yes None Lynda Hittin~er .. 5 Yes None Patricia Humphries 5 Yes None Cheryle L. Newman Civic Leader 3 ' Yes G,G. Beaut & a.a. Community Center Lawrence J. Ohleyer 5 Yes None Tina Marie Osceola 3 Yes None ,, Don Peterson 3 Yes None Douglas L. Rankin Attorney 5 Yes None ........ Michael Simonik Civic Leader/Environmentalist 5 Yes None Mark P. SWain Developer/Planner 5 Yes None Kris Thoerake Environmentalist 5 Yes None 5 YeS None Russell Tuff ..... Ann Ward 5 Yes NOne James W. W~_t_~nnan Does not reside in boundaries 3 Yes None Peggy Whitbeek Do~s not reside in boundaries 5 Yes None Gle_n~ E. Wilt Community Leader 3 Yes 1'75 & 'G.G. Plcw~ Anthony Woj¢ieehoWski 5 Yes Non'e Terry A. Wolfson 5 Yes None COMMITTEE RECOMMENDATION: available Prior to deadline. FI,SCAL II~$pACT: NONE Productivity Committee recommendation not NO. JUN 26 2001 RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 10 members to serve 1 year terms, and direct the County Attorney to prepare a resolution confnmaing the appointments. Prepared By: Sue Filson, Admini.~trative Assistant Board of County Commissioners Agenda Date: JUNE 26, 2001 AGENDA ITi~M NO. JUN 2 6 2~01 JUN 2 6 2001 25 2001 2001 DATE: May 7, 2001 MEMORANDUM ~oard of Cou~,~ C°~mfSSfo~rs TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assista~.t~_,j Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. .. Also, please h~.:;~ ~omnusmon &strict in which each applicant resides. GG ESTATES M~.' .~TER PLAN ADY'COMM Tibor 360 10 Naples, FL 34120 ~ . Karen M. Acquard 441 24th Avenue, N.E. Naples, FL 34120 Sheri Barnett 1160 27~ Street, S.W. ~ Naples, FL 34117 O Nancy Bisbee 2400 White Boulevard Naples, FL 34117 COMMISSION DISTRICT John E. Boutwell 4760 13m Avenue, S.W. Naples, FL 34116 Jill R. Davis 2240 Everly Avenue, S.W. Naples, FL 34117 Mike Davis 6120 Cedar Tree Lane Naples, FL 34116 JUN 2 6 200! Joy P. Dawson 3930 26t~ Avenue, S.E. Naples, FL 34117 Richard F. Dimond 4390 23~ Avenue, S.W. Naples, FL 34116 Robert Ducharme 3121 Orange Grove Trail Naples, FL 34120 Linda Hartman 794 17th Street, N.W. Naples, FL 34120 Lynda Hittinger 2175 Wilson Boulevard, North Naples, FL 34120 Patricia Humphries 441 20t~ Avenue, N.W. Naples, FL 34120 Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 Lawrence J. Ohleyer 4935 20t~ Street, N.E. Naples, FL 34120 Tina Marie Osceola 4447 29t~ Avenue, S.W. Naples, FL 34116 ,_~ t./t,,~ [~ Don Peterson 2996 44~ Terrace, S.W. Naples, FL 34116 Douglas L. Rankin 761 17th Street, S.W. Naples, FL 34117 Michael Simonik 1720 14m Avenue, N.E. Naples, FL 34120 3 JUN 2 2001 ! Mark P. Strain 3675 Third Avenue, N.W. Naples, FL 34120 Kris Thoemke 3570 21~t Avenue, S.W. Naples, FL 34117 Russell Tuff 2642 44~ Terrace, S.W. Naples, FL 34116 Ann Ward 460 39~ Avenue, N.E. Naples, FL 34120 James W. Waterman 959 Fountain Run Naples, FL 34119 Peggy Wtfitbeck 1450 Kapok Street Naples, FL 34117 Glenn E. Wilt 5019 31 ~ Avenue, S.W. Naples, FL 34116 Anthony Wojciechowski 4925 16~ Avenue, S.E. Naples, FL 34117 Terry A. Wol£son 3231 Wilson Boulevard Naples, FL 34120 Thank you for your help. 2 6 200! JUN 2 ~ 2001 MEMORANDUM DATE: May 7, 2001 TO: FROM: Winona Stone, Staff Liaison County Govemment Productivity C o~mm~ ee/~/.. Sue Filson, Administrative Assistm Board of County Commissioners Golden Gate Area Master Plan Ad Hoc Advisory Committee As you know, the Board of County Commissioners requested that the County Government Productivity review the applicants for the above-reference committee and make recommendations to the Board for appointment. I have attached the resumes received for their review as follows: Tibor (Ty) Agoston 360 10~ Avenue, N.W. Naples, FL 34120 Karen M. Acquard 441 24th Avenue, N.E. Naples, FL 34120 Shed Barnett 1160 27~ Street, S.W. Naples, FL 34117 Nancy Bisbee 2400 White Boulevard Naples, FL 34117 John E. Boutwell 4760 13th Avenue, S.W. Naples, FL 34116 Jill R. Davis 2240 Everly Avenue, S.W. Naples, FL 34117 Mike Davis 6120 Cedar Tree Lane Naples, FL 34116 Joy P. Dawson 3930 26th Avenue, S.E. Naples, FL 34117 Richard F. Dimond 4390 23rd Avenue, S.W. Naples, FL 34116 Robert Ducharme 3121 Orange Grove Trail Naples, FL 34120 Linda Hartman 794 17th Street, N.W. Naples, FL 34120 Lynda Hittinger 2175 Wilson Boulevard, North Naples, FL 34120 Patricia Humphries 441 20th Avenue, N.W. Naples, FL 34120 Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 Lawrence J. Ohleyer 4935 20th Street, N.E. Naples, FL 34120 Tina Marie Osceola 4447 29th Avenue, S.W. Naples, FL 34116 Don Peterson 2996 44th Terrace, S.W. Naples, FL 34116 Douglas L. Rankin 761 17th Street, S.W. Naples, FL 34117 Michael Simonik 1720 14th Avenue, N.E. Naples, FL 34120 Mark P. Strain 3675 Third Avenue, N.W. Naples, FL 34120 Kris Thoemke 3570 21st Avenue, S.W. Naples, FL 34117 JUN 2 6 2001 Russell Tuff 2642 44th Terrace, S.W. Naples, FL 34116 Ann Ward 460 39~ Avenue, N.E. Naples, FL 34120 James W. Waterman 959 Fountain Run Naples, FL 34119 Peggy Whitbeck 1450 Kapok Street Naples, FL 34117 Glenn E. Wilt 5019 31st Avenue, S.W. Naples, FL 34116 Anthon.YthWOj ciechowski 4925 16 Avenue, S.E. Naples, FL 34117 Terry A. Wolfson 3231 Wilson Boulevard Naples, FL 34120 Please let me know, in writing within the 41 day time-frame, the recommendations of the County Government Productivity Committee 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 MEMORANDUM DATE: TO: May 7, 2001 /~ Michele Mosca, Senior Plann Planning Services FROM: Sue Filson, Administrative Assistant Board of County Commissioners Golden Gate Area Master Plan Ad Hoc Advisory Committee As you know, we currently have vacancies onthe 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: Tibor (Ty) Agoston 360 10~' Avenue, N.W. Naples, FL 34120 Karen M. Acquard 441 24t~ Avenue, N.E. Naples, FL 34120 Sheri Barnett 1160 27~ Street, S.W. Naples, FL 34117 Nancy Bisbee 2400 White Boulevard Naples, FL 34117 John E. Boutwell 4760 13t~ Avenue, S.W. Naples, FL 34116 Jill R. Davis 2240 Evefly Avenue, S.W. Naples, FL 34117 Mike Davis 6120 Cedar Tree Lane Naples, FL 34116 Joy P. Dawson 3930 26~ Avenue, S.E. Naples, FL 34117 JUN 2 Richard F. Dimond 4390 23~d Avenue, S.W. Naples, FL 34116 Robert Ducharme 3121 Orange Grove Trail Naples, FL 34120 Linda Hartman 794 17~ Street, N.W. Naples, FL 34120 Lynda Hittinger 2175 Wilson Boulevard, North Naples, FL 34120 Patricia Humphries 441 20* Avenue, N.W. Naples, FL 34120 Cheryle L. Newman 5101 31~t Avenue, S.W. Naples, FL 34116 Lawrence J. Ohleyer 4935 20'~ Street, N.E. Naples, FL 34120 Tina Marie Osceola 4447 29'~ Avenue, S.W. Naples, FL 34116 Don Peterson 2996 44t~ Terrace, S.W. Naples, FL 34116 Douglas L. Rankin 761 1Th Street, S.W. Naples, FL 34117 Michael Simonik 1720 14t~ Avenue, N.E. Naples, FL 34120 Mark P. Strain 3675 Third Avenue, N.W. Naples, FL 34120 Kris Thoemke 3570 21~t Avenue, S.W. Naples, FL 34117 Russell Tuff 2642 44~ Terrace, S.W. Naples, FL 34116 Ann Ward 460 39~ Avenue, N.E. Naples, FL 34120 James W. Waterman 959 Fountain Run Naples, FL 34119 Peggy Whitbeck 1450 Kapok Street Naples, FL 34117 Glenn E. Wilt 5019 31~t Avenue, S.W. Naples, FL 34116 Anthony Wojciechowski 4925 16~ Avenue, S.E. Naples, FL 34117 Terry A. WolfSon 3231 Wilson Boulevard Naples, FL 34120 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 2001 APR ~ID ' 01 1~8:16 Application for Advisory Committees/Boards ' ! Collier County Board of Comm{ ,skioflero 330,~ East Taminml Trail Naples, FL, 341:(2 Fax No. ~q"~%~_. _'~J / 0 Busincss Phone: ~ ~ _~__~. Bulue~: A~ }mu s rt~i~-'rgd votff ;u Collkr Co=ty: Do you cur~fly bid public offi~? Y~ No ~ yo~ now~a,~ h~e~m evers~mt on~ ~er C~ty~n~ar~m~t~? Y~s__~ NO .~ _. . EhHe ~K your ~mmuqity flc6m~ht (dvic dubs, Ri~0rhood ass~ttom, ct~ nd ~onJ held: . t~m~:z~:t~j~ r~an~ re. f~ vo~ko, t~,~,,£ to r~.,~., ;Ac oOt:,~u o/¢ollbr Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 3 4112 4-25-2001 'De,tr Ms, Filson, I would like to apply for a position on the Golden Gate Area Master Plan Ad Hoc Advisory Committee. I am an elector, rosid¢ in Ooldea Gate Estates, and am ~oncerncd for its future. Attached, please find my resume. RECEIVED APR ~ 5 2001 ~oard of Count~ CoamtsstOae~$ Ty Agoston 360 10th Ave. NW NaPles, FL 34120 Tel: 941-455-8400 Fax: 941 4.554310 Tyagoston(~s.eom JUN 2§ 2001 !'Pg. /, I~XPE~'~NCE 1988 - Present 1979-1988 1969 - 1979 1965- 1969 EDUCATION 1966- 1973 1973- 1975 1976 PI~$ONAL TIBOR AGOSTON 7 Horseneck Rd., Montville, NS 07045 · (201) 227=2843 360 10th Avenue NW.. Naples, Florida 33964 · (813) 45~-8400 PURCNA$ING/M~RCHANDL~ING M.a~AGE~~ GroCery Merchandiser Develop weekly advertisinff programs for grocery department Develop special advertising programs Present special programs to senior management Buyer. Morchandl~r D~velop ~1~ programs Maint~n ads-prices-schcdules Address seminars on sales and'merchandising Responsible for moss orofit I:~velop sales fo~ecas6 and pro~s Make sales and product presentations to management Orocmry Buyer National retail chain in Metro NY-NS area Responaible for 4.5 mil. inventory management Eva~ua~ new item. s' proposals Det~mme adv*~ttismg and promotion Implement space management programs Owner-Operator Tocowa Spa, Paterson, New Jersey Wholosale/Retai! toys-sundries-confectioneries Sales Rapresentatfve l~presentated plush toy manufacturers Co Northern N'.~ retail and wholesale trade Rutgers, Tho State University BS ,i~e.~ree, J'une, 1973 l~IBrketc,]~ M~jor Rutgers Gmduam School of Business MBA Degree, December, 19.75 Marketing Management Major IBM Chicago, Illinois , Computer Controll~ Invert.tory Systems Maintainance Systems-Des~gn-Devoiopmon£ Heif, i~,t: $"10" Wetglft: 175 lbs. Married: 1960 Health} Bxcellent R~sidenc~ Homeowner Hobbies: Kiwanis ~tcmational Tennis-S wimmi~ff-Soc~r Soccer Coaching. Board of Directors, Montviile Soccer Association 26 2oo II FROM : FAX NO. : 941455649? May. 02 2001 02:25PM Pi Application for Advisory Committees/Boards MAY § 2 2001 C°llicr C°unty~~t~,O~r$ Naples, FI. 34112 (941) 774~8097 Fax: (~I) 77~02 FaxNo..~ ~ . A~youa~~tc~i~CollicrCouaty: Yes ~ No Do you currently hold publk ulT--? Yes .......... No ..... ~ list your cs~mm.u~ity activities (cl .v~c elul~, ~q . ~ ,~ ~.~ ~'~. .... ~ ......... :.:-:: ......' ,, - , .... ~ -. .... / AG~DA ' FRDI'I : MaW. 02 2001 02:26PM !, ,',: .. P2 JLh't 2 ti 2l)l)l Application for Advisory Committees/Boards 'RECEIVED APR 2 3 2001 of Count.,y C~misstoners Collier County Board of Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-S0~7 Fax: (941) 774-3602 Home Address:]/~,O ~ 7. ~ Be, , ~ Fax No. '~/'J)-f/'~/7 ~ Business Phone: Bo~d or Com~ App~d for: ~v[ ~c Home Phone: Z~p Code: e-mail address: Category (if applicable):. Are you a registered yoter in Collier County: Yes, ~///-' No Do you currently hold public office? Yes No ~ If so, what is that office? Do you nOW serve, or lmve you ever served,?n a Colller County board or ~c~mmiff~e? Yes / No_,, .-, If yes, please list the committees/boards: LOC_C.. Please list year cemmaaity acth4ties (civic clahs, nei~hberheed assec.~om, etc. and pes. itiom held:. C~st-,.-,,, n~u'~ ~,;-,,.i se;,.,,_ .. z',,i:,,I.,,¢. CmtaW ~, 3301 ~ Tmni~ni ~ Nt¥1m, FL $4112. l, f y~ wbl~ pl~e far ye~ ~ to ~41) 774-~2 or e..mail M ;,efdson('~tti~ov.m~ :rlu~.~f~ ~ to s~,e trw cai:ms ~t'Cab Cm~ty. April 2, 2001 Sheri Barnett 1160 27t~ Street SW Naples, FL. 34117 EC, ~o~r~ of Count~ Co~lss ~O~e~,, Ms. Sue Filson Administrative Assistant to Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 RE: Golden Gate Master Plan Review Committee Dear Ms. Filson, This letter is to formally notify you of my interest in serving on the aforementioned committee. I have been very active in the area and would like to continue to serve by assisting with this review. If you need any further information from me please let me know. My home phone number is; 455-4296. My office number is 591-2149. I have notified Tim Colletta that I was interested. Sincerely, Shed Barnett 2 § 2001 Sheri Barnett 1160 27th Street SW Naples, FL. 34117 (941) 4554296 (home) (941) 591-2149 (office) Mamed 20 years to a Collier County Sheriffs Deputy with one daughter, age 6 QUALIFICATIONS Having lived in Naples since 1956, I have observed many changes. There has been a great deal of growth, which is good but it needs to be planned. My involvement with several committees has given me the insight how the community and the developer can work together to achieve goals that are acceptable to all. Our community is diverse, and in our planning for the future we must try to obtain a balance so that all interest are addressed. This would have to include those that originally lived here and enjoy the swamp buggies, airboats, horses and nature to those that enjoy golf, the theater and the arts. We must also try to provide space for small and large businesses alike. The time that I have lived in Naples, and the activities and work that I have been involved with should be of benefit to the committee EDUCATION 1962-1974 1974-1976 1976-1978 1991 1991 1994 1998 High School, Naples Sr. High Worked on dual major of Biology and Animal Science, MT. Berry College Rome, GA. Studied Biology and Chemistry Florida Atlantic University Boca Rotan, FL. (lacking physics and zoology to complete double major) Florida Insurance license for Life, Health, and Variable Products National Association of Security Dealers series 6, and 63 (mutual funds and state laws) National Association of Security Dealers series 7 (all security sales) National Association of Security Dealers series 24 (General Securities Principal) EMPLOYMENT 14 years 2nd Assistant Manager, Publix Supermarkets I was one of the first two women in Collier County to be promoted from a cashiering position, through the stocking area into management. Our responsibilities included, when on duty maintaining the entire store. We were responsible for the management of all of the employees, handling of the customers and balancing the books and inventory. 1991- present Insurance and Securities Industry When I was forced to leave Publix due to an auto injury, I entered this field. I have worked for four finns. These include, Werner Financial, Gulf Shore Insurance, Litchfield and Nelson and Diversified Investment Group. I have improved my position in each of these finns by adding to my licenses and ability. My current employment is with Werner Financial and I have been here since 1996. Committees: AGENDA ITEM .o. JUN 2 6 2001 1994 - Present 1996 - Present Since inception 1998-2001 1998-present 1997-2001 1996 - present 2001 1997- present Golden Gate Area Civic Association, past president-1996, secretary, and board member A) Community Development Committee- involved with developmentwithin Golden Gate B) Scholarship Committee- award scholarship to area students C) Hurricane Seminar Committee - helped plan and present the past 4 Hurricane Seminars Golden Gate Estates Civic Association I audited the financial records for the association in 1996, and have written an article for their newsletter. Although I am not apparently active in this association I assisted in bringing to the County Manager's attention (Neal Dorrall) that the sidewalk to the library along the Blvd was not completed and had been halted for over one year. I insisted on action being taken on White Blvd prior to new construction on the Blvd. This was done by questioning County Manager Fernandez at every open forum in which we met. Landfill Community Council The council questions management of the landfill, we have data on operations and have reviewed the contract that is in place. We are available to the public to help answer any questions regarding the current landfill. Barbara Berry's Golden Gate Advisory Board - to help Commissioner Berry gather information relating to this area of her district FL. Representative Goodlett's Advisory Committee - to bring information to Representative Goodlett regarding our community and its concerns. SheriffDon Hunter's Golden Gate Advisory Committee - to bring information to the Sheriff on what concerns and needs the community has. Golden Gate Rotary Club I have held an office or been on the board since my first year. I chair the scholarship committee and have chaired several fund raisers. Member of the first CERT team in Golden Gate- thi.q is a trained team of voltmteers that will aid their community through association with the Golden Gate Fire Dept should a natural disaster occur such as a hurricane like Andrew. We have taken a seven-week course on basic first aid, identification of potential ha?atria, and simple. rescue and fire suppression. 4-HFoundation L]N 2 6 2001 _ Application for Advisory Committees/Boards Collier County Board of Commi.~sianers 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-~02 / Home Address: .~'~/L' C ~ ~ l~,~'-~r.~ .~_.... Fax No. Business Phone: Business: Home Phone: Zip Code: e-mail address: Board or Committee Applied for: ~~ Category (if applicable): , Are you a registered woter in Collier Connty: Yes Do you currently hold public office? Yes No If so, what is tha~ office? No Do you now serve, or have you ever serve~ on a Comer County board or committee? Yes If yes, please list the tgmmittm~$/boards: / Please list your conununity activities (C__~s, ne~od n.zncintions, etc. and positions held: ~ ., / ~ ., . _ ~y~ - /./.. ,../-/-/~, Education: amy addido~ informm~ y~ f~t lnm~ l'bit epplia~n sim~ld b~ for~rt~ to Sue F'd~on, Admin~e Assistmzt to Tke Board of Commi~iot~t, $$0I Ett~ Tamiaml Trail, Napl~, FL $4112. If you will t, pl~t~ ftvz your ttpp~ to (94 I)774-$602 or t-mail to suef~on~otti~ov.n~ ?iu~.v~f~rn,tunma~tou~n~a~d~:~fCatt~C~. MAY-03-2001 11:46 WILSONMILLER SURVEY 941 643 6682 P 02×02 Application for Advisory Committees/Boards Name: John E. $ouCwell i~omeAddress: 4~ 13th Ave. S.W. ~ Naples., Fi Fax N~ 6a3-6682 ]JuSiDels 1~0~:~649-4040 Business:__Wil sonMi!ler ~ ,Inc. ROme lP~ioBc: 455-i252 Code: 34116 e'ma~inddret4:d, ohnbouCwell~wilsonmilier.com Go/den Gate Master Plan Advi o Are ya a re~i~ rot= in Collier County: Ye~ X No Do you ~~ h~d pub~ ~? y~ No X ~ what b ~ ~ ..... "- _Bow ~ er have :Fun ever served, on · Collier County bourd or ou~*mitJe~. Yes_..______ No ~ plensu ~se the commftteu/beards: Pleasc Hstyourconunnnit~-nctJ%~ties~ivicdub~ nHghbortmodassocla~on~ ~c. 8ndposb~omlteld: Me~mber Veter~Wars President-Naples Golden Gate Rotar_~_ Club F. ducar, ioa: Na les Hi h School -Class of 1966 Expe~c~: Senior Vlce President and Member of Executive Committee WllsonMlller Inc. 1 0 to Present. D/rector of e~Ices. St Sa e t ..S. rm 968 to 1970.- Re ublic of Vie=nam -- Pre 'dent 2000-2001 a les Golden Gate Rorer Club member since 1997 Past P side of Collier-Lee Chater Florida Surve in and Ma in Societ a D ct 1 8 -198 2001 TOTAL P. 82 REC VED Application for Advisory Committees/Boards Collier Coumy Bon~ ~o~a~oner, 3301 East Taminmi Trail (941) Fax: (941) 774-3602 Home Address: ~o~ /-/0 ~"Nfeg-/~/ ~-~_ ~ Zip Code: / Category (ff applicable): Are you a regbtered voter in Collier County: Yes .)~' No Do you curremly hold public office? Yea If ~o, what is that office? so Do you now ~erve, or have you ever ~erved, on a Comer County board or ~ommi~lm~? Y~ Please list your community activities (civic dubs, neighborhood associations, etc. and positions held: mmmmmmm mm m m 2240 Everly ~lvenue S. FF. Naples, Florida 34117 (941) 455 - 4582 www. agapesons123~aoL corn - .................. Jill R. Davis Naples History- I was 14 years old when I moved to Naples, Florida in the summer of 1974 with my father Jim Kingsbury who had moved his business - Mid-Continent Electric to a warmer climate. I went to Naples High and lived in the Moorings. I was a country girl and I boarded my horse in Pine Ridg& I went back to Minnesota for two years of college and returned to Naples in 1980. ·got married in 1981 and moved to section 31 out behind the landfill in 1984. My husband had a trucMng company and we expanded into heavy equlpmen& This is when · began to enjoy and take interest in developmen~ I had been trained in the basics of development through my grandmother; who is a major developer in Minneapolis, Minnesot& }Ye formed a corporation called Jandel Enterprises Inc., and for about ten years, I ran the office while my husband took care of the field work. · really enjoyed talMng to the Collier County ?lanners, Zoning, and Permitting departments. · had a great.time helping my father in the development of Naples R I/ Resor& Through that eXt~ erience · learned some of the ups and downs that you can have with the Core of Engineers, zoning, and environmentalists. · then took an interest in helping people to make sure that they check out what they can and cannot do with the property that they buy before they purchas~ I felt sorry for the basic families that bought property, and then found out that they could not use it as they had plannetL Through the 90's · stayed home, raised, and home schooled my two children Beverly and Cecil- who are now 15 and 19 years old · have always taken an interest in Golden Gate, and I feel that · would enjoy being on the committee to rewrite the Golden Gate Area Master Plan, as · have always had development in my hear~ . AG~ I~I~.M ,~ 2 6 2001 Pg. ~ ~:::~ ED UCA TION 1978-1979 Macalester College Sa Paul, Minnesota 1979- 1980 North Hennepin Community College Brooklyn Park, Minnesota 1988 Real Estate Licence Bert Rodgers School of Real Estate 4- H LEADER 1989 - 1995 My son is still involved, and my daughter is now a leader. So, I assist in their endeavors. CHURCH 1981 - 2001 * I have taught children's church * Worked in jail ministry * Attended Community Bible Study * Helped in outreach ministry * Distributing food and clothes * Street ministry to the Bay Shore aretr * Sunday school on the streets of Bay Shore. * I am now involved at Restoration Church. * I attend two groupsper week * I teach sunday school to the 2 - 5 year old chi~ ~-:-~'~-nOAIlr~_~ NO.. .,~.~"~ 2 6 2001 85/82/2881 0B:42 ~5/81/2061 00:~5 9416432499 SIGNCRAFT 774,3602 8oard of Counf:.~ CO~ 85/82/2881 88:42 9416432499 SIGNCRAFT PAGE 82 Mike Davis 6120 Cedar Tree Lane Naples, Florida 34116 Office: 643-1777 Fa~ 643-2499 Home: 455-2818 Mobile: 216-2699 DOB: 2-1047 Residem since August, I974 Voter # IDRC021047 Vice-President and General Manager of $ignCraft, Inc. since April, 1.986. A company employing 14 people and in continuous operation since 1977. Responsible for all phases of operations, marketing and financial planning. Civ/c Activities - C..urmn__ t Quest For Kids, Mentor Naples Area Chamber of Commerce, Board of Directors Naples Area Chamber of Commerce Issues Advisory Committee, Chairman Naples Area Chamber of Commerce PAC, Trustee Naples Bay Rotary Club, 1986-present, Past President, Paul Harris Fellow CTolden Gate Area Civic Association Keep Collier Beautiful, 1995-present, Immediate Past Chairman Collier County Landfill Operations Citizen's Committee, I995-present Golden Gate Chamber of Commerce East Naples Civ/e Association Coil/er Building Industry Association Swamp Buggy Inc., Past President, Director Emeritus Collier County Health Facilities Authority, Chairman Collier County Republican Executive Committee, Alternate, Precinct 622 The Tiger Bay Club, Board of Directors Oolden Gate Estates Civic Association Collier County Community Health Care Planning & Finance Committee JUtr 2 6 2001 Pg. ,, ,~'~,/ 85/82/2881 88:42 9416432499 SIGNCR~T P~GE 83 Civic Activities - Pr/or Collier County Select Committee on Community Character and Appearance Collier County Health Care Review Committee Colli~ County Disaster Recovery Task Force Citiz~ Review Panel, Collier County Clerk of Courts Budget 2001 Collier County Planning Commission, 1991-1999, Chairman Forum Club Collier Build PAC, Chairman St. John Neumann I-High School, Executive School Board, 1995-1999 The Conservancy of Southwest Florida Collier County D/strict 3 Green Space Committee Collier County Emergency Services Advisory Committee, 1995-1999, Vice-Chairman Collier County Commissioner,rim Carter's Streetscape Committee Rotary. International Group Study Exchange Team Leader - Colombia - 1993 Rotary Intemationai District 6960 Group Study Exchange Chairman Rotary International District 6960 Club Service Chairman Hospice of Naples, Social Activities Volunteer, 7 years Naples Daily News, Golden Gate Advisory Corem/tree Naples Informed Parents, Red Ribbon Committee St. El/zabeth Seton Church, Festival Committee Lely High School Vocational Advisory Committee Babe Ruth Summer Baseball, Assistant Coach Coil/er County Sheriff's Office, Advancement Review Board Boy Scouts of America, Troop 225, Committee Chairman Collier County Emcixonmcntal Protemion Tcchn/cal Advisory Board, Chairman Naples D/amond Jubilee Committee Attended Ohio State University and Franklin University 1970-1974. Attended Southwest Florida College and International College of Naples. United States Coast Guard, March 1966-December 1969 Honorable Discharge, E6, Storekeeper First Class Good Conduct Medal Vietnam Campaign Ribbon Married to Patricia Shuilo Davis since December i972 JUN 2 6 2001 N~v P~g~ 1 Page 1 of 1 'NAY 0 3 2001 of Count.v Commf'ss~o~r,, 'JUN 2 § 2001 htt-p:./-?,w.ca · . i ~nlq~n~ 44a APR.-30'01(MON) 07:59 WALDEN UNIVERSITy P. 001 Apld .cation for Advisory Committees/Boards AP,~ 3 § 2001 Collier ~ ~,~ Commissioners i (941) 77~7 amy~are~v~inC~erC~tY:Y~ ~ .,, No Do yen cu~tly hold p tblic o~ e? Y~ No.. likY-OZ-ZO01 14:16 FRO~CENTURY 21 MIKE MILLER REALTY IH¢, +9413634266 T-375 P.O01 F-066 ,I RECEIVED ~4~¥ 0 2 200i Board of Count.~ ~.tssiOner'S Application for Advisory Committees/Boards Comer Couaty Board of Commissimmrs 3301 ]~ast Tami~ml Trail Naple~, FL 34112 F~: (941) 774-3602 Fax No. Bmiaess Phone: %.~ ~( :. ~ S 9 ~ e-mail address: Business: Are you a ~ voter in Collier County: YeS Do yon curr~__e~y_ hold public o~ce? Yes ~ so, what Js that office? No Do you now seF~ or have yo~ ever served, ow · Cel~er CouMy board or commitlte? Yes ...... -: No ~_~ Pltue tist your community ~,~.ivities (t/vic dubs, neighborhood asps)clarions, etc. and positions held: ]~ducmion: ? vt i l Application for Advisory Committees/Boards APR 2 5 2001 Board of County Co~fssfoners Collier County Board of Commiqione:, 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Are you a regiater~ voter in Collier Comity: Yes ~ Do you currently hold public office? Yes No If~o, whati~ tha~ office? Do you now serve, or have you ever served, on a Coflier County board or commilt~e? Ye~ No tf lease list you, r com?mlity activities (civic clubs, neighborhood associatioas, etc and nositiom held' ~.. · ~ - . ., ~ ~ .~ /,~... ~,,, ~. p~.r~ o~'m,4 t~ ~ ~ ~ ~ ?_~ ~s ~ye~tr<, ~ ~ '~,:, ~ c.,~,:.t,~j~<v-~ - ~. -~ , ~. ~, '~ ~ , . . ~ .... ., : '- . . .,. _ ~ ' . .. ~ ' _ t .~ , !) ' - - - , '- ' '~ ...... --. ~.~ e , , ~ :~-" I / ~u,~ Z bZUU1 RECEIVED APR t i 2001 Dear Sue; I am very interested in applying for a position on the proposed Golden Gate Master Plan Revision Committee. Your name was given to me by Commissioner Jim Colletta as the person to apply to. I hope that my enclosed resume will be helpful letting you know a little about my background. I have lived in Golden Gate since 1983 and have grown to love the people and the community in which I reside. Where else in the world can you live that there is still the small town neighborhood closeness and yet have the beautiful weather, new growth, wild life in my back yard, and yet be just a few miles from the gulf. The Lord has blessed my family, and I would like to give something back. Being involved in Golden Gate and Naples Civic organizations has been a part of my hfe for the past 15 plus years as my resume concludes. I feel that I have been preparing for the Master Plan Committee position by my community involvement. I also feel that I not only understand how the homeowners.feel, I am one, but I also have the perspective fi'om a Business viewpoint, as Chamber President. My children are grown and community activities are my love, and add balance to my life. Even though my job does require 50 hours a week, I have proven that I still have the time and energy to get my goals accomplished. So please consider my appointment to the Master Plan Committee. I will do my homework and work hard to make Golden Gate the Community it deserves to be. I believe that it's important to listen to the people of the community and I will listen to what they have to say. - Sincerely, Linda Hartman Citizen of Golden Gate JUN 2 ~ 2~01 PIJ. ¢~7 _ LINDA HARTMAN 794 17TH STREET N.W. NAPLES, FLORIDA 34120 Office 261-8009 Fax 261-2093 Home 455-1739 Mobile 564-8449 DOB: 11-19-47 Florida Resident since November, 1983 Voter # 150535 Current Position General Manager of Perkin's Restaurant at 4255 North Tamiami Trail in North Naples where I have been employed since 1995. Responsible for all phases of operations of the business, including hiring, scheduling, inventory, and financial controls. Education William Allen High School in Allentown, Pa., business degree. Marriot Hotel and Restaurant Management School, Pizza Hut Management Training School. Perkin's Restaurant Manager Training Institute. All mangement training programs focus on orgamzational, financial, and customer relation skills. Graduated in the top 5% of the class in all training programs. Husband, Michael Hartman, married since 1965. Two daughters and four grandchildren. Current Civic Activities Golden Gate Area Chamber of Commerce, President Naples Area Chamber of Commerce, Issue Advisory Committee Member Golden Gate Estates Area Civic Association, Board of Director Golden Gate Area Civic Association Golden Gate Fire Control District Advisory Board Member Collier County Republican Executive Committee, Precinct 652 Captain Golden Gate President's Club Member Golden Gate Citizen of the Year Candidate Golden Gate Festival Chairperson Prior Civic Activities Golden Gate Rotary Club, Treasurer The Concervancy of Southwest Florida Golden Gate Festival Chairman for 6 years Bay Days Clean-up team captain Golden Gate Area Chamber of Commeme Secretary Golden Gate Area Chamber of Commerce BOD, 3 year term Golden Gate Area Chamber of Commerce member 10 years Golden Gate Estates Civic Association President, 1999 Golden Gate Estates Civic Association Secretary, 1998 Golden Gate Estates Civic Association member since 1992 Girl Scouts of America 422 Troop Leader Golden Gate Citizen of the year nomanee 2000 2001 Apr. 24 '01 8:20 HI]FINGER 941 455 5332 Application for Advisory Committees/Boards Collier County Board of Commissioners RECEIVED ~o~ ~ Ta.~... Tra~ Naples, FL 34112 (941) ?74-S097 NAY 0 I 2001 r~: (941) 774-3602 Board of Coun~ Conntss~oners Name: Patrtcia B,m~. hries Home Phone: 941 455 3761 Home Address: 441 20th Avenue ITel, Naples, F1 Zip Code: 34120 Fax N0. 941 436 6537 Busings Phone: 941 436 6407 e-nufiladdr~s: pathu~13@aol.com Business: Collier County Public Schools Board or Committee Applied for: Golden Gate Haster~: Plan Category (ffapplicabl~): Lay Person/Civic Association 14~mber Are you a registered voter in Collier County: Yes x No Do you currently hold public office? Y~ Ifs0, what is that office? No x Do you now serv~ or have you ever aerved, on a Comer County board or committee? Ym If yea, pleurae ~ the committeea/boards: No x ~easeli~yourcommunity a~i~ties(ci~cclubs, n~ghborhoodassociafions, ~c. and posifionsheld: Golden Gate Clv/c Associatton~ 1993-95; Golden Gate Estates Area Civic Association~1996- Presentl BOD GGFACA 1997-2000~ ,YIiCA, 1985-Present; Florida Wildlife Federation; The Nature Conservancy: Neighborhood Watch 1995:Newsletter Edttor-GGFACA-1998 Education: High School Graduate Expedence: GGEACAgrowth Mnnngement Committee: Newsletter Committee; ShopPi-~ Center Committee Co-Chairman-1999-2000: Assisted Living Facilities Opposition Commtt£ee-1999; Nay Chance/Randall Blvd. Opposition Comm4ttee-20OO!'.Btock Party Cmamittee-19981 Golden Gate Blvd. Cleanuv-1997-99; Canal Cleannp-19971R.mmn~e Sales; ~rriean~ Fo~nn~: Cod~ Enforcement ~eettnes: Ticket Selltn~ GG F~sttval 1997-2001 Participated in:Florida Panther Natl. Wildlife Re£u~e Cn~mmity ~orkshop 1997! YOCIIS; Dover [ohl Co~mmtty Character Workshop~ Ple~eta~ckanytuidlgonal~nfmmadonyoufeelpert~nt Tklt~.att~tkouldbefmnvardedtoSue_trd~on, Admymi~r~n CormO, Commi.~ners, $$0I East Tm~tmi Trail, Naple~, FL 34112. If you ~h, ptease fax ytmr aplolicat~n to (941) 774-$6~$ suefiison(~colliergov, net Thtmkymtj~pmVm~et~t~s~n,~the~ofCtdiC~Com~y. IAGENDA 2001 N~v l~as~ I http://www.~o.colli~r, fl.u~c~c/adviso~%20appii~ation, h~ 04/22/2001 17:48 9414959242 L J OHLEYER PAGE 01 Lawrenr. e J. OMeyer RECEIVED APR 2 3 2001 of Count~ Coaaissioner$ April 22, 2001 Collier County Board of Commi.naioncra Collier County Board of Commiasionera3301 F~.*t Tamiami Trail Naples, Florida 34112 Honorable Commi,aionets: My wife and I searched ten years to find the place we wanted to live atter I retired from the U.S. Navy. We discovered Collier County and it is a dream come ~rae. For two years I have observed the day to day operations of local government and those it servos. I have also listened to the m~ny citizens that b~lieve they have Ixnt~ ide~. It ia my ~rong belief that if more citizens took a personal interest in the governments that serve them, government would be that much stronger and more representative ofthe people. Enclosed ia an application for the Golden Gate Estates Mam~ Plan Advisory Board you have recently formed. Although I hope I can b~ of servi~e to Collier County as a member of this board I stand by to aasiat you in any way I can. JUN 2 6 200! 04/22/2001 17:48 9414959242 L J OHLEYER PAGE 02 Applteattoa for Advisory Com O41) ~4.8w7 Far: (MI) 77~I~2 LAWRENCE J. OHLEYER HamBlm (941) 353-5137 lhmAdaam: 4935 20th ST, NE; Naples, Florida ZlpCode~ 34120 Irax Ne, (94~ ! ) ~3-8376Budmm lqm~ ........ _. e. md ~. ?HL~R~DAV:N, ET emm¢~):Commi~ion Dbtrict or Lay P.,e..mon ~_~~ AssociaM of Science in Nursing;Bachelor of Science in Nuclear Modic, ine ~Twonty four yearn in U.S. Military (A .rmy and Navy).. ....Served in .Mililarv Medicine ,sen/ed as a '~mioer of-nume-rous ~'...m~, ooetcl,a,-ana l'hvestlgatiorts--'0o~rt ao.~te'and while s~in~ 'On ~uCl__.;~._r ~'~bmari_nes~ E)e~ejO_e~:l .p _roL2_rams.. still in U_Se by_- Smvem! .branches of the :~,':~iffe~_.aS h_a~rdous- ~a~fial-s?a~e m.a,-nagemeot'- ii,',6p water ci,uaiity ~,~er W~llb,tn th 04/04/2001 14:57 9417~9_3.9..~3_3_9.. CCSO PZO P~GE 0i Tina Marie Osceola ~.~.7 29"' .Ave. SW Naple~, FL 34116 Home (941) 354-0430 Work (941) 793-9505 RECEIVED APR 0 ~ 200! ~arci of Count] Co~mfss~oner~ Attn: Sue Fiieon, Administrative Assistant Jim Carter, Chairman Collier County Board of County Commissioners 3301 Tamiami Trail East, Bldg F Naples, FL 34112 Golden Gate Ama Master Plan Ad Hoc Advisory Committee BayshorelGateway Triangle Local Redevelopment Advisory Board Dear Commissioner Carter: First I want to tell you that I was very impressed with the presentation that you made to my Leadership Collier Class last month at the Elk's Lodge. As a lifelong resident of Collier County I made a conscious decision to stay in Collier County and raise my family. I did this because this is my home and my community. Your presentation reassured my desire to become an active part of my community. As you as well as Dawn Jantsch and Tom Olliff made perfectly clear.. . these advisory committees are a way of getting involved. I have attached a brief resume explaining my background. Please consider my request to become a member of this committee. Sincerely, ~ .., Tina Marie Osceola Sheriff Don Hunter 2001 04/04/2001 14:57 9417939339 .................. ~CSO. P10 PAGE 02 Tlna 4447 2gm Avenue SW Neple~, FL 34t t $ BIOGRAPHIG, Ak ,INFORMATION Date of Birth: Place of Birth: Ethnic Odgin; Marital Status: Children: September 18, 1967 Collier County, FL Seminole and Norwegian Engaged ~ (daughter, 7 end son, 2) EDUCATIONAL INFORMATK)N 1't Grade - 8~ Grade: ga Grade - 12~ Grade: College (1985-1989): Graduate: St. Ann School St. John Neumann High School Rollins College, B.A., Poll§cai Science Nova Southeastern University, M.P.A. ~PLOYMENT I#FgRM.a,T!, ON 1989- 1992: 1990- 1997: 1995 - Present: Seminole Tribe of Florida Coryi Corporation, Inc., Secretary/Treasurer Collier County Shedfrs Office CURRENT POSITION Collier County Sheriff's Office, Public Affairs Supervisor:. Job responsibili~s include the supervision and coordination of all news media relations and community projects. The Public Affairs Bureau is responsible for the timely and accurate disSemination of public information to the community of Collier County. Generally, the Public Affairs Bureau utilizes the news media and the Sheriff's Office website to accomplish this task. 2001 05/03/2001 14:54 9414557917 GOLDGATE FIRE DEP'F~T PAGE 02 !~.. ~i..I. iii', .: Appfication for Advisory Committees/l~ards · ,~301 tast Tsalanl Trail NIpk~ FL 34112 f~4D l~ax: (941) 'Y/~ 85/83/2881 14:54 9414557917 GOLDGATE FIRE DEPTRT PAGE 83 I have lived e, nd worked in thc Golden Gate ~ for 21 years. For the last 11 years I have served es Fir~ Chief of the District. I em a State of Florida certifi~ fire impector, firefighter and EMT. I also hold a Ftre Officer One certificate. I have attended classes at the National Fire Academy and seminars with the Florida Fire Chiefs Association dealing with growth and planning for conmmnities and its impact on emergency services and the community. I em a membe~ of thc National Fire Protection Association, Wildland group secIion memb~, Volunteer Fire Chiefs section member. I also belong to th~ ~onal Association of Arson Invesligator~ and the Florida Chapter and have participated in many of their ammal sengna~ as we, Il as the State of Florida Arson semiaars. I am a :21 year member of the Loyal Order of Moose. I am a licensed radio amateur operator ~ad a member of the Collier County ARES/RACES operator and a member of the Amateur Radio Association of 5outhwest Florida. I have over the years filled all the officer positions of the Collier County Fire Marshals Asaociation and the Collier County Fire Chiefs Associatioo. I curr~tly represent the Fir~ Service on the ltO0 MHZ User Group in the County. I served on the original committee back in 1996 th~___, reviowed all of the 800 MHZ radio systems before the County made an award. I have participated with many dltFerent groups in the community over the years to assist their groups and thc communi~. Chief Hatcher former Fire Chief for Golden Crate was a member of the original group and I would like to be able to comiraie to participate from the emergency services side of the planning table. Thank you for your consideration. 04/30/2001 12:58 9412622092 DOUGLAS RANKIN PAGE 82 Application for Advisory Committees/Boards Collier Coumy Board of Commi~'ome,~ 3381 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-36~2 Name:: Do.u, glas__ Home &ddr~s: 761 F~x N0. 262-2092 Self-Em Do :from cuFrently hold publ ~ w~atb tbet De you now serve+ or have you, ~ ~ yNr ~ms~m~y Kiwanis Club of ~ Past Maste~--~-of ___Director for N~ Secretar o~q~_~ Scottish Rite M ~~: B.A. ~ Univ~ ~c~,m~ce: Board Ci Bar Sectio~'ilOn 1983 ,. Rankin 7th Street SW l~a~ss Phone: 262-0061 ~loyed - Law Office of Douglas L. Rankin ~dfo~. Golden Gate Master Plan Review Committee ..... H~mel%one: 941-~55-1682 7~-Co4~:....... 34117 ~m~ drankin@sprintmail.com acfivitj~ (civic dub, neighborhood nuodnflens, etc. and positiem held: ~Collier Coun~~xecutive Committee~ ocal Masdnic Lode Na les Shrine Club Board of )les Shrine Club Habitat for Humanit & S es Societ )les Hi h Twelve and Araba Shr'ne Tem le Fort M ers ~mber ~om Universit of South ------- Y_~ Florida. J D from the ~ida ----- ~r~ified~Speci..~llst in Real Eskate .La~; M~m~er .of F%q~da ie__~a~ ~ro~ert Law- olden Gate"Civic Association ~n Gatg_Estates sinmm lq~ ...... ~s~c~tlon. ~b r; ........ ' ~ ~en~"o Na /es Since :ATTACHED RESUME 04/30/2001 12:58 9412622892 DOUGLAS RANKIN PAGE 03 D 0 U ~ L,,A S L, ~ A N K I N ~ome Address: Office A~8~ss: '61 17th Street $.W. raples, FL. 34117 941) 455-1682 2335 Tamiami Trail N. Suite 308 Naples, FL. 34103 (941) 262-0061 (941) 262-2092 Fax rniv'ersity of Florida - Gainemville, Florida - d'uris Doctorate, December 1982, Graduated in top one-third (1/3) of class. B A O~ T: Al f¢ F~ Wi Ce niversity of South Flor/da - Tampa, Florida - achelor of Ar~s, College of Business m~nlstratlon, March 1979. ~natee Junior College - Bradenton, Florida - ~sociate in Arts Degree, May 1977. ly 1992 to Present - Self-Employ~d; Law ~fices of Douglas L. Rankin, 2335 Tamiami rail North, Suite 308, Naples, Florida 34103. :torney practicing in the areas of real Irate, wills, trusts and estates, corporate kd business law. Member of the American, .orida and Collier County Bar Associations Ld along with the courts of Florida. Admitted ~practice before the Federal District Court ,r the Middle District of Florida and ~he ired States Tax Court. A member of the orida Bar Sections on: real property, wilts, usts and estates law, tax law, and corporate nking and business law. Roard Certified lis, Trusts. and. Estates Attoz/le¥. ~ r~ified Kea! Estate.Attorney._ Fe~,r~.ary 1983 to April 1992 - Parks and Ra~kln, Attorney~-aU-Law, Naples, Florida. Attorney practic/ng in the areas of real estate, .wills, trusts and estates, corporate an~ busmness law. Member of the Flprida an~ Collier County Bar .Associa[~g an~ along w~th the courts of Florzda. Admitted tolpractice before the Federal District =he Middle District of Zio=ida Un~ed States Tax Court. A member of the Fl~)rida Bar Sections on: real property, wills, t~lsts a/id estates law, tax law, and corporate 04/301200~ ~2:58 9412622092 DOUGLAS RANKIN ,anking and business law. Board Certified 'staLe P~en~]nq .a~d ProBate. Designated in .esl Estate, Corporate and Business, and eneral Practice. 981 and 1982 - Schultz & Welsh, Attorneys-at- ,aw, Bradenton, Florida. Performed Legal ~esearch in personal injury, wrongful death, ~amily law, real property, administrative law, insurance and employer/employee cases. Assisted attorneys in preparation of c~mplaints, answers, appellate briefs and in p~eparation for hearings and trials. Also a3sisted in client interviews. I 772 to 1982 - D. Rankin, Accountant. (;~o=her's firm 1964-1987) - Bradenton, FLorida. Accounting for individuals, P~lrtnerships and corporations by h~-d and on c~)mputer. Supervision of office personnel and ol:her accountants. Personal contact and h~ ac p~ p= A~ 19 Pz 19 Na o~ P! Di Pr 19 Co Pr Co'. 19, Pre 191 191 19 ~ndlin9 of clients and their problems with · editors, debtors, banks, Internal Revenue ~rvice, and other Federal, State, and local 'encies with reference to tax, accounting and her business related problems, inctudin~ the rchase and sale of businesses and real · operty. Tax work also included fiduciaries ~d living trusts. BOCIATZQNE - 77 to Present - Florida Real Estate License. 96 to Present ~ Member of the Florida Bar obese Rules Committee. 83 to Present - Member Kiwanis Club of ~les: 1985-86, 1991-1996 - Member of Board Directors; 1993 - Secretary; 1994 - ~sident-Elect; 1995 - President; 1995 - stinguished Kiwanian; 1995 - Distinguished ~sident; 1996 - Kiwanian of the Year. )2 to Present - Republican Executive mmittee; Precinct Chair Person; 1997 to ~sent - Chairman Campaign Activities ~ittee; 1998 to Present - Vice-Chairman. ]~ to 1989 - Member of Naples Jaycees: 1985 Secretary; 1986-87 - Internal Vice ~sident. 14 to Present - Me~ber of Young Republicans ~ to 1987 - Member of Board of Directors. ~ to Present - Me~%ber Cypress Masonic Lodg PAGE 84 JUN 2 6 2001 04/30/200~ 12:5S 9412622892 DOUGLAS RANKIN ~295 F. & A.M.: 1986 - Senior Steward; 1987 - Junior Deacon; 1988 - Junior Warden;' 1989 - Senior Warden; 1990 - Master; 1998 - treasurer. ' L986 to Present - Ancient and Accepted ~cottish Rite, Fort Myers, Florida. i990 - ?ice-President; 1991 - President, Naples Club; ~995 - KCCH; 1996 - Junior Warden; 1997 - lenior Warden; 1998 - Wise Master of the ~apter of Roze Croix; 1999 - Orator of Lodge ~f Perfection. 986 to PresenC - Araba Shrine Temple, Fort Yers, Florida; and Naples Shrine Club;. 1997 to Present - Member Board of Directors of ~aples Shrine Club. 1989 to Present - Naples High 12 Club: 1990 - ~resident; 1989 - Vice-President; 1994 to Present - Secretary. 1984 to Present - Member Moorings Presbyterian Church: 1992 to 1995 - Member Board of D~acons, Moderator 1994 to 1995; 1986 to 1988 M~ns Club - Vice-President 1986; President 1)87. d: od S~ Ur 19 So 19 Ha Bc Se Re Re )81 tO 1982 - Phi Delta Phi - International ~gal Fraternity - Cockrell Inn - University Florida. 80 ~o 1982 - University of Florida, John Lrshall Bar Association. 76 to 1982 - Circle K InternaCional ~ivision of Kiwanis) - ~eld various club and strict offices. 1982 - President University Florida Circle K; 1979 International Single rvice Project Award. 77 to 1979 - Head of Student Government, iversi~y of South Florida (Sarasota Campus) New College. 97 to'Present - Member of the Board of Spes ciety. 97 to Present - Member of the Board of Oitat for Humanity. rn in Philadelphia, Pennsylvania in >tember 19S6. Moved Uo Florida in 1957. ~ident of Bradenton,' Florida for 25 years. :ident of Naples for 16 years. PAGE 85 AGEIng_ .IT~M J U ,,I 2 8 2001 0413012801 12:58 9412622892 : ,42 DOUGLAS RANKIN Status: Married to Janette L. Rankin, sons, Brett and Clint. 4 S-04-2001 10:02AH FROH 9412625872 p.] Application for Advisory Committees/Boards Naples, ItL 34112 ¢4D 774-aos7 Fax: (941) 774-3602 --4' ~-04-2~1 10:03AM I. F-~OM 9412G2~872 lVl.ichacl Simonik 1720 14th Avenue NE Naples, Florida 34120 (941) 434-9736 )!,~DUCATION ".~OR~ EXPERIENCE Masters of Public Affairs, 1993 Indiana University, Bloomington, Indiana School of Public and Environmental Affairs Concentrations: Environmental Policy and Natural Resource Management, and Public Financi~ Administration Bachelor of Science, 1987 The Ohio State University, Columbus, Ohio School of Natural Resources Major: Wildlife Management VICE PRESIDENT, ENVIRONMENTAL POLICY, January i996-ourrent The Conservancy of South,vest Florida, Naples~ Florida ENVIRONMENTAL RESOURCES MANAGER/COMMUNITY AFFAIRS, 1994-1995 Charlotte Harbor Environmental Center, Punta Gorda, Florida MAR_llqE EDUCATOR, 1993 - 1994 Charlotte Harbor SWIM Project, Charlotte County Extension Service, Adjunct faculty status-University of Florida, CHEC, Punta Gorda, Florida CONSULTING ECOLOGIST, 1993 Kevin L. Erw/n Consulting Ecologist, Inc., Ft~ Myers, Florida MAYOR'S INTERN -Public Financial Administration, Summer 1992 City of Indianapolis, Indiana, Mayor Stephen Goldsmith WILDLIFE BIOLOGIST/ENVIRONMENTAL MONITORING CONSULTANT Collier Enterprises, Naples, Florida 1990 -1991 UNITED STATES PEACE CORPS VOLUNTEER, MOROCCO, 1988 -1990 Parks, Wildlife and Environmental Education Sector Environmental Education Centex, National Park, Rabat NO. ~-0~-2001 10:03AM FI:~M 9~126P__q872 ~FFILIATIONS · Collier Soil and Water Conservation District, Supervisor, Elected County-wide 2000-2004 · Golden Gate Estates Area Civic Association, Board member, Elected 2000-2002 · Leadership Collier, Class of 1999 · Big Brothers of Southwest Florida, Matched with Little Brother for past 8 years · NAACP, Elected Treasurer 1996-2000, Elected Executive Committee member 2000-2002 · Collier County Lake Trafford Restoration Task Force 1997-2000 · Environmental Confederation of Southwest Florida, Board of Directors, 1999-2001 · South Florida Water Management D~trict, Alternative Water Supply Grant Selection Committee, 2000 and 2001 · Agency for Bay Management of Est~o Bay, Regional Planning Council appoint~l 1997- 2001 · Naples Bay Project Committee, City appointed, Vice-chairman 1997-199g, Chairman 1999 · EJS for SW FL, Army Corps of Engineers, Alternative Dcvelopment Group, 1998-2000 · Environmental Policy Technical Advisory Board, BCC Appointed in 1997, Chairman 1999 · Lover's KW Management Plan Advisory Group, 1998 · Environmental Ad~sory SWFL Coiimiittee, SF Water Management District, since t996 · Naples Area Chamber/EDC Goalition Environmental Policy Committee 1996-1998 · Native Plant Society, Elected Treasurer, Naples Chapter, 1997-1998 · Everglades Coalition, Representative since 1996 · US 41 Scenic Highway Corridor Advocacy Group 1996 · Naples Atca Chamber of Commerce Bay Days/Bikefest Coumhttee 1996-1997 · Collier County Council of Ecanomic Advisors, BCC Appointed, 1997 · Charlotte Harbor National Estuary Program (NEP) Technical Advisory Committee · Friends of the Panther Refuge · Save the Bays · National Audubon Society · World Wildlife Fund · Wildlife Society, member since 1983 2001 'INF~T1ON INTENDED ONLY FOR THE USE BY THE INDNIDUAL OR CC:XdPAHY NAMED ' DISSEMINATION, DIS'TRJBUT~ OR COPY OF "rill8 COMMUNICATION IS S'~Y ~, IF YO.J HA~v~ RECEIVED THIS CO~IC~TION ~l ERROR, PI~ NOTIFY 11-1E SENDER BY ~E. THANK YOU ,FOR.' :T~. .Sue Filson I=~em~ Mark P. Slmin .... ir-ex: 7T4~q802 PallaS: 4 ,Phanl ~ 05/01/2001 NT~NIR ~N~N .AOplie~fion for Advisory Commi~ecs/Donrds Name: Mark P. S~in H°me Address:' 367s Third.~ve. N.W, 'Fax,No. 732~103 B'~inm Phone: Col#or Conu~ Board.of Commisaio~r~ ". :3301 East Tnmidm!.TM' N~pb, FL,3~112 Fax.041) ~3602. Home l~hone:~ Zip Code:_, e-miff juidr~SS: mn ~xe :~0u a.~lSterut vottw in Celbr C°unty: Y~s t.~ No , _, Do .~u curren .fl~ h_oM PuMi~ om~? Y~ No x ,. Do ~ou.n°w serve, 0r have yon ever served, nn a C01Her County boardor e°mmlttte? Yes . ' t ' N0~..=_ lfy~t, pNaSelbtthe ~__~mlMets/boards: -,' . .... '.' . ju4 ~8 3D~d NI~±S ~N ' " . 675'm/rdAV, n'u, Nor we i Nap.les, Florida 34120 ' ;* 'P R O F E S S'i* N A~:L E X P E R I ENC E '* :~" " i · Gulf Bay GroUP Of comPantee I . 'to Pre.ent .. 3470' .ClUb Center Blvd. Naples',' ~:lorida 34.!14q:)816... ".' PositiOn:... Vice President 'of Planning 'encomP 'assing the roi!owl .rig duties:.' · · Land acquisition &. lanning. . .. · Assemble'and administrate necessary speCialty'consultants"" "' ,' 'Establish'permitting ~:equiremetlts.(DRI, PUD, A.COE,'SFWM. D, etc.)'. ., Financial arialysis of development costs. ' . ... : '.... ' . ... · Direct project, engineering- .. ..., =' .... ':...." ·process. perm~ng through local, state and federal age'noies...'. · ':" .. ', Develop the:3934 acre residential .communitY.of Fiddler's'Creek: . . · . coordinate the e~tabliShment Of .a~ Commun~ Devel°pment .D~rict .. .. '- 'taxing autho.rity. . . .... · :.... . " · .1992'.t0' 1993' .: .' Maste~ianlm.d C0mmunities, inc. .' .":.. · 'i' . ..' ':' ' ' .. Naplesi FlOrida ... '.. perform!rig the' feilowl.ng duties;' ' "' '.' : ,, AsSemble' team' 0f..profe~iona!s to devel0p'lend".~an and:"site :.' "..: engineering: . i , · Establish development' budgets,. ' '. .' ": i' · oversee design" and engineering: for'-residential )rodu.C~.' and! ... ~ ' mcreationa! facilities. . · ' :. "/9~o'to '.:'1992 ' ' Ex~eil construction .and Development, Inc, NapleS., Ftorid~ . · POsition: =resident, in.chmge of daY to day management operations. · ' · Implemented Policies necessary t~ Car~y on .business a.ctivtt~eS .of.*a genera! ~ntracting firm generating, up. to'$10,000,000' in. yearly revenues', Pg. gO 3B~d NI~£S ~6"~N £B~6~EL~6 6~:g~ ~00~/~0/§0 ' .. ,' 'lnternat'onal' -~--- '* College .*' ,., .. Naples,..Flbrida 1995 '.to .:ll;;il~.' · i,: .'...;' ~*·.: :. "'":!,.. '.:..i. Edi~on.~,<,mmu"lty'College .. " ' '1.982 '.: ",. ' '.~ "Fort MYe~scam'pua' . " ' ' . ... Unive~ilty of Oalifernlm .. ' ............. ' " Irvine, e~ilifornia'. · . ': " " ' '" ' '" ' "i. ":.! ":.' :. ':"' .... ... '~STUe,~'~ 4 yF. AR.D~,EE '. ' ..... '.. ,-,-e"ra--e'*" ' ' ' ' ' . . ... ,oast coaege "~'. ' .' · ' :. ".. Late"~i~0's ' ":'" ." ' , ,, ~ ' . , . , :..:' . ..... :,,. .'= . ,,,..; ,, ... I ,, .. '..' H. R O F E S'S'.I O. NA.L.L.. C E N:$ E,,R : ..... ': 'i':. ' ' i'~,E'o o~ .d,, '" ' ........ :' " 'Fr~om"A STATE:C~,~' GENERAL:¢ :'rR~¢TOR,.C ,SS A ' . ;. ..'... r "'.. ' "-1'. '"' " Lic #coC ' ' ' "' .... i' e, STATE ENaE' . :5~?'? .... :-.' :..' · ' ,FLORIDA'STATE~' "' '. · "= ' ' ,. ,,,OTAr~Y " . "' ' i :' ' '' :"i ' :''~' :~TATE~: NOTARY.#C..C..2.63066 " :'." . ':'.." :.. · CALIFOF~N'IA STATE 'CERTIFIED GENi~RAL CONTRACTOR (B-I) WITH sUPPLEMENTAL: M.~$'~'.ER'. ...... ,.: :E~L'-;"'T";'I'~'I'AN ':'~",1 SOLAR ~,,., -, ,t~-'i4& :'" '" '" '" "'" '" ":'"" ' ' ' cOMMu NIT.,Y 'ACTIVITIES ....{ : '..' Member:Army Corp'of Engineers. Els Study Group .... .......' . . .. ' .. ~: ,.. · , ' :, .,:. .. ': " '1'990 'TO PRESENT'.. :'.. · Cc~'llier ¢ou'nty'Oheriff's Commission . .. · ""' '21:. :' · P'r~Sid'en't' of"O.01den Gate Chamber .of Commerce. ., :' 99 O.tilden .Gate Fire Commissioner. ' lgg0...T.o 1'995' ' '.' ...... C(~lu'mnist f°r Tuff Publications" '1988Y~)"pREsEI~T:':.' ·. .: "'. '. ' " : :1'98'7." . ' :' p eSident'Of.·Golden Gate. Bu'sines$ Associa'tion .: .' ...... 'P~,esident of'Golden Gate'Estates C'ivio. Association. '~96.7,: & 1'98.8." i'.;. ':'"'.: .. C,~llier' Count~' Code Enforcement Board Member '1989..to..lg95 '. ' "'.O~lden' Gate Cl'tizens Advisory Board. ,. ,' 1-987 to 199.'.4. ,,', ,, . Collier County Board of Adjt~atments and Appeals '..' ig83'"t* ~1'!~1~: ~' ':' "' .... ' ' .... I~8 3B~d NIV~I/S H~N £OPB~£LTP6 F,~ :E: 84/29/2881 14:57 9413487864 Application for Advisory Comnnttee~-. Collier County Board of Commi~ioner~ 3301 Emt Tamlsmi Trail Nlplel, FL 34112 (941) 774-8097 Fax: (941) 774-3602 your community activities (civic c~b~, neighborhood associations, ctcr n_ dAMtttions held: 05/03/01 08:54 FAX 9416435130 NWF FWF ~ 001 2590 Golden Gate Parkway, Suite 109 Naples, FL 34105 941 643-4111 Voice 941 643-5190 Fax Fax RECEIVED MAY 0 3 200~ Board of Count~ Co~ ss toners To: Sue Filson From: Kris W. Thoemke, Ph.D. Fax: 774 3602 Pages: 3 Pimn~ Date;' 05/03/01 Re: CC: [] Urgent. [] For Review [] Please Comment [] Please Reply [] Please Recycle I inadvertently forget to include this bdef resume With my application for the Golden Gate Master Plan Advisory committee which I dropped off at your office yesterday. 0~/03/01 08:~4 ~AX 941643~130 N~F ~F ~002 DR. KRIS W. THOEMKE BRIEF RESUME - Education, - BS. in Zoology with Honors, Univ. of Maryland, 1973 Ph.D. in Biology, Univ. of South Florida, 1979 -- Exoertise - The Everglades Natural History and Ecology of Florida Saltwater Angling Natural Resource Management - Professional Positions - 1997-pre~ent Everglades Project Manager, National Wildlife Federation 1996-1997 1990-1997 1991-present 1990-present Caribbean 1990-1994 1979-1990 1978-1979 1976-1978 Florida Wildlife Federation South Florida Field Representative EcoIogical Consultant Adjunct Faculty, International College of Naples Free-lance communicator emphasizing saltwater fishing in Floxida and the Adjunct F~culty Member, Edison Communit3~, Naples Florida Manager, Rookery Bay National Estuarine Research Reserve Post Doctoral Fellow, Florida State University Adjunct Faculty Member, Hillsborough Community College Radio Broadcast Experience 1992 Host of U.S.A. Outdoors, a nationally syndicated, live radio talk show on the Sun Radio Network. The two-how show aired on Saturdays and Sundays. Approximately 100 stations carried the program in 1992. 1988-present Host of Florida Outdoors a weekly one-hour live program simulcast on WINK (Ft. Myers) and W'NOG (Naples) radio. Television Experience 2000 Co-host (with Ed Begley, Jr.) of Troubled Waters a TBS Superstation-National Wildlife Federation production. Broadcast on TBS Superstation September 2000 1993-1995 Environmental and Outdoor Editor, WEVU-TV (ABC affiliate for southwest Florida). Twice weekly features as part of the 6:00 p.m. news. Several. segments distributed by News One (ABC). 1990-1993 Host and Co-producer of Exploring Florida, a series of half hour programs about Florida:s natural history. We made 40 prograx~ i~ this series. Exploring Florida was nationally distributed by the southeast Communications Assoc., a PBS program distributor. 1990-1'991 Environmental Analyst for WEVU TV (ABC affiliate for southwest Flo~ AGENDAIT~tM NO. ~ Pg. _ 05/03/01 08:54 FAX 9416435130 NWF FWF ~003 1996-present 1995 1994-1996 1994 Refuge. 1991-1995 1986-present Writine. fPhoto~raoh¥ -- 1997-present Regional Editor, Florida Insider section of Sport Fishing Magazine Creator and publisher of Florida Outdoors Interact site Writer and voice of"Outdoor vignettes" on WNOG AM Outdoor writer for the Naples Daily News Writer/Producer of a 14-minute radio script for Ding Darling National Wildlife Outdoor Colmrmist for The Marco Island Eagle, a New York Times Newspaper. Author/Photographer of over 350 articles and 200 photographs on environment and natural history; salt water fishing, and travel in the last three years. Recently published in Sport'Fishing Magazine, Florida Game and Fish Magazine, and Outdoor America Magazine Bool~s Fishing Florida published by Falcon Press in December 1995. Presentations/Lectures Over one hundred programs presented at professional meetings, conventions, and other meetings. Professional Memberships Active Member of the Outdoor Writers Association of America Active Member of the Flor/da Outdoor Writers Association Active Member of the Southeastern Outdoor Press Association Awards Winner of over 20 national and state awards for writing, photography, radio and television work. Recent awards include: 1997 Best of the Best Award - Magazine Division - Outdoor Writers Association of America. The article, Nell's Story, appeared in Florida Sportsman 1997 First Place - Natural History Magazine - Omdoor Writers Association of America ~ The article, Nell's Story, appeared in Florida Sportsman 1997 Magazine Division Winner.- Southeastern Outdoor Press Association - The article, Nell's Story, appeared in Florida Sportsman 1996 First Place - Best Special Communications - Florida Outdoor Writers. Association. The award was for the book, Fishing Florida. 1995 First ?lace - Saltwater Fishing Magazine - Outdoor Writers Association of America. The article, A Mullet Named Martha, appeared in Florida Sportsman. ** A complete Resume is available on request ** 05/01 2001 RECEIVED INCOMING FAX FROM MAY 0 3 2001 ' ~trd of Count~ (941) 353-0444 · F~ (941) 3S3-9040 E-mall: m~ublicaflons~em~Unk, net ~.goldengntegaze~e.com PUBL~~TIONS, INC. ~.evers~adeseeho,com COVER SHEET :FROM: ........... PHONE #:_, NUMBER OF PAGES: tNCLUDtNQ COVER I'~ qRRq'0~ H~v Pas~ 1 http://www.co.collie, r. fLu~/bcc/advisor3~, o20appticatio=.h~m ,'~' .7-'--'~ ~. ~.~ . lof2 8 'd 916q'oN RNflltV2TI~N~ 44N1' .I Application for Advisory Committees/Boards RECEIVE[3 Collier County Board of Commissioners 3301 East Tamiami Trail A~ 7_ ~~vl'~ Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3(d}2 of County Commissioners zip Code: ~//7_~ Do you currently hold public office? Yes If so, what is that office? No No Do you now serve, or have you ever ~erved, on a Collier County board or committee? Ye~ If yes, please list the committees/boards: No ~ Pi. ~e?~..list your cpmmuglty activities (civic clubs,, neighborhood ass~ociation~, etc. and positions held: AC,_F_NI~ rrF, M JUN Z § ZUUl Pleas~ attack ~ ~ ~f~n ~ f~~ T~ ~ sk~ ~ f~ W S~ F~o~ A~ ~w ~am ~ Tk~ Board of ~u~ C~s~n~, 3~01 Emt T~ Tr~ N~, FL 3411~ If y~ ~k, ~e f~ y~ ~ ~ ~ 0 77~ ~2 or ~a~ to suefdvon~oll~ov.n~ Application ~~~ Committees/Boards i APR 2 3 2001 I tk~rd o¢ County Collier County Board of Commissione:, 3301 East T~miami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Home Addre~s:~~~d~~ Home Phone: .Zip Code: ~i~s:~~ .~ or Comm~ App~ for:..~~ ~ ~. ~~ Are you a registered voter in Collier County: Yes ~ No Do you currently bold public office? Yes No ~ If so, what is tJmt office? Do you now serve, or have you ever served, on a Collier County board or committl~e? Yes If yes, please list the commi~rds: Please fist your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: ,PJf~rf attack aw~ additimml in.(or~ .Toff f~l ~ Tkb ~otication skould be ~ to Su~ F'dson, Adminitwa~ Coumy C ' ' , $$01F..a~ Tamlami TraiI, Naples, FL $4112. If you ~t~sk, plt~e fax.vmw ~q~lic~ion to (~41) ??4.$60 suefilson~polliergov, ne~ Tkankyo~for~toservetke~tizemofColli~Comay. April 5, 2OO 1 .ECEIVED APR 0,9 200! ~;oard of County (',omm~ss~one?~ M~ Sue Filson Administratt~ Assistant ~ of Cotmty Colnmissiollers 3301 E. Tamiami Trail Naples, FL 34112 Applications for. 1. The Collier County Pl~ming Commission 2. The BayshoreTGateway Triangle Local Redevelopment Advisory Board. 3. The Golden Gate Area Master Plan Ad-Hoc Advisory Committee Dear Ms. Filson n_~d Selection Committee Members: tymy_pleas~e. ~ submi.'t .my resume for any .one of the ~ .fete, .~c~l_ positions. My preferenc~ would be to serve on the Planmng ~omuusslon. Hovmver, I am interested in sennng the County on whatever commission, board or committee the County Commigsioncrs feol I am ~ suited. lev~opment codes, mu.,aie, r plauning and md~wel~ issue. I have been a msidemt in District IH of Collier County for three (3)years. In addition, I am familiar with the permitting process of Colli~r County and the issues that mayarise on I am excited about the continued growth in Collier County and would be honored to be selected for either of tim positions listed above. I look forward to hearing from the Board of County Con~nis~oners. Sinca~y, Naples, FL 34119 348-9253 AG~ J]~M JUN 2 6 200! James Waterman, AIA 959 Fountain Run Naples, FL 34119 348-9253 Application for Collier County Planning Commission SUMMARY I am a licensed Florida Architect with over 20 years experience in all areas of design, project management and construction administration. I have been a resident of Collier County for three O) years (reside in District HI) and am very interested in being appoilated to the Collier County Planning Commission. I feel my educationalbackground, as well as my background in all areas of architecture, brings a wealth of knowledge to the Commission. I am interested in the continued growth of Collier County and have the time necessary to devote to this Commission. My experience includes: Present - I recently joined SC1TENKELSHULTZ Architects as an Associate and Project Manager. My responsibilities include Project Management and Construction Administration for both the Ft. Myers and Naples offices. 2000-2001 Robert Herrmann Architect, 1100 Sixth Avenue South, Naples, FL My responsibilities included Director of Production and Construction Administration for a variety of project types including offices, medical, restaurant and residential high-rise construction. 1998-2000 Architectural Network, Inc., 837 Fifth Avenue South, Suite 202, Naples, FL Construction Administration for a $50 Million high-rise, The St. Raphael in Pelican Bay, Naples, Florida. 1997-1998 DLR Gmup-Lescher and Mahoney, 601 West Swann Avenue, Tampa, FL Project Manager/Construction Administrator position. Head of Construction Administration with architects and technical staffunder my supervision. Primary rusk was to administer a $70 Million baseball stadium/multipurpose facility for the City of St. Petersburg. 1996 Jacksonville Jaguars Ltd, One Stadium Place, Jacksonville, FL Owner's representation position. Initiated design proposals, prepared documents for construction, obtained pricing from contmctors,.and supervised completion of construction projects throughout the Jacksonville Jaguars Stadium. Construction observation for the completion of the original contract for the construction, representing the owner's interest. 1993-1995 Hellmnth Obata and Kasabaum, Inc. Sports Facilities Group, 323 W. 8th Street, Suite 700, Kansas City, Missouri On-site construction admini~ator for the new stadium for the City of Jacksonville and the Jacksomrille Jaguars NFL franchise. Duties were diverse concerning the day-to-day administration of a $130,000,000 football stadium and a very aggressive construction schedule. In addition, I was Senior Project Architect for 2 arena projects: Denver Nuggets and the Miami Heat NBA franchise. 1992-1993 Saudi Consolidated Engineering Company, Al Khobar, Saudi Arabia Project Manager position for various Saudi Aramco projects. Instrumental in the preparation of project proposal documents to establish design and internal funding for Aramco construction projects. Supervised a culturally diverse group of architects and engineers. 1992 The Schemmer Associates, 1044 North llSth Street, Omaha, Nebraska Project Manager/Architect. Team member for the U.S. Postal Service projects. Surveys of existing construction conditions for rehabilitation projects. Coordination with professional consultants. 1988-1991 Project Manager. documents and cost estimates. Responsible for the design development phase and the transition ] documents l~hase on various project types. Prepared and supervised the production of construction drawing Howard Needles Tammen and BergendoffArchitects Engineers and Planners, 1201 Walnut Street, Kansas City, Missouri Aided in business development and participated in competitive interviews. Prepared schematic design a_.t.h~, t~nn~tr~ction James Waterman, AIA 959 Fountain Run Naples, FL 34119 348-9253 EDUCATION: REGISTRATION: Kansas State University, Bachelor of Architecture Black Hawk College, Associate in Buainess Administration Registered Florida Architect Specific Project Experience Includes: Tropicana Field Remodel, St. Petersburg, Florida. Construction Admimstrator for the remodel of an existing indoor baseball and multipurpose facility. "ALLTEL' Stadium, Jacksonville, Florida. Full time, on-site, construction administrator for this $130,000,000 project. Schematic Design Services for the Miami Heat and Denver Nuggets Arena, NBA Franchise. Senior project architect for the schematic design for these two arenas. Omaha Nebraska City Hall and Police Headquarters, Omaha, Nebraska. Project Manager/Architect for the rehabilitation of this project, .cost was $1,000,000. Fire Station Headquarters and Training Facility, for the City of Lenexa, Kamas. Project Architect for this $1.2 million pmject~ State of California Prototypical Prison Design, Palm Springs, California. Project Manager for this $20,000,000 project. Interiors Build-Out Project for Central States, Rosemont, Illinois. Project Manager/Construction Administrator for this $9,000,000 project. Terminal 'A' Parking Structure for the Kansas City International Airport. Project Manager for this $6,000,000 project. County Jail and Sheriff's Headquarters for Johnson County, Kansas. Project Manager for this $13,000,000 project which also included a secured underground access to the courts. Various Interiors projects for IINTB in Kansas City, Missouri. Project Manager/Architect for various interiors projects which included: graphics, office remodels, custom millwork/furuiture, and associated space planning. World Savings and Loan Association, Leawood, Kansas. Project Architect for this 4,200 sq. fi. branch office. Commercial Photography Studio, Kansas City, Missouri. Project Architect for this renovation/adaptive reuse of a 73 year old fire station into a photography studio. Executive Hills Office Building, Overland Park, Kansas. Project architect for Building 36, a two-story, core and shell office building/$1,100.000. A. 7ahner Sheetmetal Company, Kansas City, Missouri. Project Architect for this 45,000 sfmanufacturing facility and associated offices. Opti-Copy, Inc., Corporate Headquarters. Project Architect for this 25,000 sf manufacturing and office addition/S700,000. AMSOUTH ADMIN MAY 0 ~ 200i' Application for Advisory Commi~oards Board of County Co~missione~ Collier County Board of Commissioners 3301 Fast Tmninml Trm~l Naples, FI. 34112 (~41) g~: (~I) 774-:~02 Arc you s registered voter in CoRier County:. Y No Do you currently hold pubUe office? Yes ]No J If'so, wlrat Is that offlm? Apr-29-O1 01:48P P.01 REC' VED · APR 3 0 200! Application for Advisory Corem,trees/Boards ltoard 3301 E~t T~iami Trdl (~1) 77~7 Fax: (941) Name: GLENN E, WiLT Hom~Addr~ss: 50]9 3lsc Ave. S~W, Naples, FL Fax No. 941-353-6841 Business Phone: 353-6843 Home Phone: Zip Code: e-mail address: 353-6845 34116 £ABTIMAIN~OONO.COM B~: ~XECUTIVE DI R~CTOR,. INTL, NON-PROFIT ASSOCIATION Board orCommilt~eAppl|¢d for: GOLDEN GATB ESTATES MA~TER PLAN AD HOC COMMITTgE Are you a re~iKered voter ia Collier County: Yes Do you cm'rently hold public office? Yes If so. what is thai: o4~ce'! X No No___ X ,. Do you msw mrve, or have you ever serv~ ~a · Collle~,~ Cts~mty board or committee? Yes X No lrye~ p~se ~ thecommi#ees~ooerds:, GOLDEN ..~TE BEAUT l Fi.CATION AI)ViSOI{¥ iCOMMITTEE, . GOLI!EN GATF. COMMUNICTY CENTER ADVI.~OR.~f COMM[_TTE_E. ~APLES LANDFILL OVERS]TE COMMITTgE. Please list your community activities (civic clubs, nei~hborhood asnociations, etc. amd positions held: COLDEN GATE AREA Ct ViC ASSOCLATION~ .Pas_~ PE.e.s. idet~_~, .gprre.t!tly' ~ ~oard Member. Rotary C]u~,,, Golden Gate Chamber of Commerce . Chairm~n,..CpSd~n Gate Code Volunteers Member, Rep Dudley Goddletre Advisory Comm., VFM Hem, and Eagles Member. Education. High School GraduaSe w/2_y~.~ra college gzp~ri~mce: Retired l,t Colonel, US Army., a..fter 20 .years in thc Arm¥..0rdna__nc.e....EOo Career . fielda wict~ various_ levels, of .cot~and and, supervision., over ~he.. ~0 yearM. Nine alxd lf-2 Years as an Exptosivgs Mnforcegeat Of~ice'~ for ~he Bu~emt'ol ATF U.S. Treasury. ' , .' . 'I'wentyvtwo Yea.rs as Executive DJlrector.~f the International Association_of Bomb Technicians and I~weS~izator~, respo~.sible for overa!.l ~na~e~ent and. [i~cal matte%s for the association comp.rised.of...over 4,QO0 members and re~r~en~.orives of ~.3 countries. 03-26-2001 Ms. Sue Filson Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Filson; Re: Golden Gate Master Plan Review committee. In discussion with Commissioner Henning, I wish to be considered for a position on the Golden Gate Master Plan Review committee. I have been a resident of Collier County since 1993. I am a registered voter. I have previously served on the Golden Gate Beautification Advisory committee and the Golden Gate Community Center Advisory committee. Phone number 941-353 -6843, FAX 941-353-6841, E-mail IABTIMAIN~ aol.com. Glenn E. Wilt April 7, 2001 Ms. Sue Filson Collier County Commission Office 3301 E. Tamiami Trail Naples, FL 34112 Dear Ms. Filson; Re: Golden Gate Master Plan Advisory Committee I wish to be considered as a possible member of the above referenced Advisory committee. Glenn E. Wilt 5019 31~ Ave SW Golden Gate, FL 34116 (P) 353-6843 FAX 353-6841 E-Mail - IABTIMAIN(~_,Jtmo.com Married' Wife - E. Roberm Wilt have resided in Golden Gate, FL since August 1992. serve as the Chairman of the Golden Gate Code Volunteer's serve as a member of the Board of Directors, Golden Gate Area Civic Association serve as a member of the LOCC committee Oganization membership Golden Gate Area Civic Association Golden Gate Rotary Club Golden Gate Chamber of Commerce V.F.W & F.O.E. My Background: 1. Military Service: U.S. Army (Ret), ( 21 yrs ) Ordnance Corps, Explosive Ordnance Disposal Officer 2. Federal Law Enforcement: Explosives Enforcement Officer w/Bureau of ATF ( 91/2 yrs ) 3. Current Employment: Executive Director, International Association of Bomb Technicians and Investigators. ( Since April 1979 ) I thank you for your consideration. Application for Advisory Committees/Boards Collier County Board of Commissioner 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Fax No.?'~.~ ~ -O ~. ~'"X Business Phone: Home Phone: ~% .~- -/.-~ "~_~ zip Code: Board or Commi~.~e Applied.for: Category (if applicable):. Example: Comumsao~ ~ lk. vdoper, ~ hy ~ ~ Are you a registered voter ~ Co~ Co~: Y~ ~ Do you ~fly hold pubfic o~? Y~ No No Do you now serve, or have you ever served, tm a Comer County board or committee? Yes If yes, please list the committeesdmards: No ~ Please list your community activities (civic clubs, neighborllpod associations, etc.~nd positions hedd: .' i..... JUN. additional information you feti pertinent Tkis ~ skould b~. foewardmt t~ Sue Filson, A~e Assistant to Tke Board of C_ommission~s, $$01 ~ Tamiami Trail., Nttpl~, FL 34112. Ifyo~wisk, phuutf~yom' applirxaionto (940774-3602 or e~mailto $uefdson~oiliergov. n~ Tlumlty~forv~tt~a~e~ofCoH~Commy. Application forAdvisory Committees/Boards Collier County Board of Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Home Address: ~o~/ /~////~.~On ~/g/~ ZipCode: ~~ F~ N~. ~YY~ ~ ~7 Busings Phone: ~/~~ ~m~! addr~s: ~~ ~ *~ ~ .0~ A~ you a r~~ voter ~ Co.er Co~ty: Y~ / No Do you currently hold public offi~? Y~ No / If~, ~t is that o~ce? Do you now serve, or have you ever ~erved, on~LCoHier CQunty board or committee?~ Yea. ~.~1'o , pl~e Hst your communi~ a~i~fi~ (civic clubs, neioborhood ~sociatio~, etc. ~d ~sifions held: county Comm,dsrloners, 3501. East Tomiami Trail, Naples, FL 34112. If you wish, pleast fax ymtr ~p~n to (941) 774 suefdson~otliergov, ner Thankyoufor ~~ to sero~ tke dtir. tm ofCollitr Comay. rrE ' NO, ,~., 2 ~ 2001 p.. 'ative ATtsisttmt to Tki Board of EXEC ,UT!VE SUMMARY APPOINTMENT OF MEMBER(S) TO THE HISPANIC AFFAIRS ADVISORY BOARD OBJECTIVe: To appoint 1 member to serve a four year term, expiring on June 25, 2005, on the Hispanic Affairs Advisory Board. CONSIDERAT][ONS: The Hispanic Affairs Advisory Committee has 1 vacancy. This 9 member board identifies and evaluates problems unique to the Hispanic Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Governmem and provides periodic reports to the Board of County Commissioners. Terms are 4 years. A list of the currem membership is included in the backup. A press release was issued and resumes were received fi'om the following 4nterested citizens: ArpLICANT CATI~GORY pl~$T, EJ~ECTOR ADV. COMM, I Eugene Greener, Jr. ] N/a lYes l None COMMITTEE RECOMMENDATION: Eugene Greener, Jr. FISCAL IMPACT: NONE GROWTH MANAGEMENT IM,PACT: 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 confim~g the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: JUNE 26, 2001 u i~ 2 ~ 2gU1 MEMORANDUM TO: FROM: DATE: RE: Sue Filson, Administrative Assistant Board ~ssioners Ramiro Mafialich, Chief Assistant County Attorney June 15, 2001 Applicant for the Collier County Hispanic Affairs Advisory Board On Thursday, June 14, 2001, the Hispanic Affairs Advisory Board voted unanimously to recommend approval to the Board of County Commissioners of the appointment of Applicant William Greener, Jr., to their Board. Please place this item on the Board of County Commissioners' agenda for consideration. Thank you for your attention in this matter. If you have any questions, please do not hesitate to contact me. 1LM/kn attachments cc: David C. Weigel, County Attorney RECEiVE JUN 1 6 200! Boar0. o.,.-~ Coun~,~ Coaaissioner$ Hispanic Affairs Advisory Board Name Work Phone Home Phone Ms. Sofia Pagan 732-7800 238 Pebble Beach Blvd., Apt. 604 417-5107 Naples, FL 34113 District: 4 Category: Appt'd ~ Date Term DateRe-appt 2ndExpDate 2nd Term 11/14/00 06/25/03 2.5 Years DECLARED VACANT 06/22/99 061'25/03 Naples, FL District: Category: Mr. Frank G. Loney 131 Tahiti Street Naples, FL 34113 District: 1 Category: 08/01/95 06/25/99 4 Years 06/22/99 06/25/03 4 Years Mr, David Correa 11257 Longshore Way West Naples, FL 34119 Category: 06/06/95 06/25/98 3 Years 10/20/98 06/25/02 4 Years Mr. Robin J. Pina 5501 Rattlesnake Hammock, Apt. 113 821-8433 Naples, FL 34113 - District: 1 Category: ! 1/14/00 06/25/02 1.5 Years Mr. Pete Cade, Jr. 1903 Leed Avenue Immokalee, FL 34142 District: 5 Category: 657-1763 08/05/97 06/25/01 4 Years I, Fedne~la.y, May 23, 2001 Page 1 of 2 N~me Ms. Susan Calkins '/40 High Pines Drive Naples, FL 34103 District: 4 Category: Ms. Yoianda Cisneros P.O. Box 2508 Immokalee, FL 34143 District: 5 Category: Mr. Elvin Santiago 641 Dorando Court Marco Island, FL 34145 District: 1 Category: Hispanic Affairs Advisory Board Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 434-8095 05/22/01 06/25/05 4 Years ~-445~ 05/22/01 657-4323 06/25/05 4 Years 394-7921 01/09/01 06/25/05 4 Years This g member committee ~as created by Ord. No. 91-37, amended by Ord. No. gl-78) to identify and evaluate problems unique to the Hispanic community, review and recommend ways to ensure open communication between minorities and Collier County government and provide periodic reports to the Board of County Commissioners. Terms are 4 years. FL STAT Staff.. Ramiro Manalich, Chief Assistant Affomey: 774-8400 Wednesday, May 23, 2001 Page 2 of 2 JUN 2 MEMORANDUM ..;li.~i H'"'Y~ 15 tilt I0: I 0 DATE: TO: FROM: May 14, 2001 Vincll Hills, Elections Office ~) Sue Filson, Administrative Assist Board of County Commissioners SUPEF~VISL,,'~ Of: ELECTIOH$ CCLLiER CO. FL. Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon comider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. HISPANIC AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Eugene Greener, Jr. 4021 Gulf Shore Blvd., N., #1602 Naples, FL 34103 Thank you for your help. Board RECEIVED of County Commissioners NO._'~ JUN 2 6 2Cal MEMORANDUM DATE: TO: FROM: May 14, 2001 Ramiro Mafia lich, Chief Assistant Cou~/~ttorney Board of County Commissioners~ . Hispanic ~ Advisory Committee 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 attac~d the resumes received for your review as follows: Eugene Greener, Jr. 4021 Gulf Shore Blvd., N., #1602 Naples, FL 34103 Please let me know, in writing, the recommendation for app0inunem of the advisory committee within the 41 day time-hame, and I will prepare an executive summary for the Board's consideratiorL 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 JUN 2 3 2001 __ pg. (_/9 .,. GOODMAN, GLAZER, GREENER & KREMER, P. C., ov MEMPHIS, TN., ATTORNEYS EUGENE GREENER. JR. APR 2 6' 200I ~Oard of Count~ Commissioners 600 FIFTH AVENUE SOUTH SUITE 203 NAPLES, FLORIDA 34102 TELF-PHONE {9/* 1 ) ~3~-9B00 FAX {94~) 435-9802 AVAILABLE aY APPOINTMENT SUNTRUST BUILDING MARCO ISZ~ND, FLORIDA tALL CORI~ESPONOENCE TO NAPLES) April 25, 2001 Mrs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Re: Advisory Committees Dear Mrs. Filson: I am interested in the openin9 of the Hispanic Affairs Advisory Co~m~tittee. Please find enclosed my personal and professional biography. I am a practicin~ attorney in Naples, but I will have sufficient time to serve on this Committee. I have a background, havin~ taken many years of Spanish, includin~ two at college, and havin9 spent a year in Brazil during World War II, which of course is Portuguese, but, nevertheless, very similar. I have great interest in Latin America. On April llth, I ~raduated from Greater Naples Leadership Masters Class V. I feel that my experience, education and interest would be of value as a member of the Hispanic Affairs Advisory Con~uittee, although by birth and origin, I am not of hispanic descent. Please consider my application for this position. With k~dest ~egards, Eugene Gree~re~, Jr. EG/ds Enclosure PERSONAL AND PROFESSIONAL BIOGRAPHY Eugene Greener, Jr. - Born May 17, 1921 Memphis, Tennessee ADDRESS: MARITAL STATUS: HOME: 4021 Gulf Shore Blvd. N., #1602 Naples, FL 34103 (941) 649-7047 OFFICE: 600 Fifth Avenue S., Suite 203 Naples, FL 34102 (941) 435-9800 FAX: (941) 435-9802 E-mail: greener@naples.infi.net Partner and former president of Goodman, Glazer, Greener & Kremer, Attorneys, of Memphis, Tennessee Married - Suzanne Dockman Greener Children - Cynthia Greener Edelman Patrice Greener Marks Julie Greener Range Grandchildren - 6 EDUCATION: Central High School - Memphis, Tennessee Graduated June, 1938 Vanderbilt University - Nashville, Tennessee B.A. Degree, 1942, Magna Cum Laude, Phi Beta Kappa Harvard Law School - Cambridge, Massachusetts LLB Degree, 1948 JD Degree Harvard Business School - Cambridge, Massachuse~Us Certified Public Accountant, 1951 (non-practicing) MILITARY: Formerly in United States Navy, 4~ years Rank: Lieutenant Commander PROFESSIONAL: Tennessee Bar - 1948 U.S. Supreme Cour~- 1970 Florida Bar - 1989 U.S. Court of Appeals, 5th and 6 Circuit A~.NDA ITEM, ,, 26 2;31 Partner at law firm of Buchignani, Greener & Eggleston, 1949-1980 Partner and former president of Goodman, Glazer, Greener & Kremer, P.C., formerly Goodman, Glazer, Greener, Schneider, McQuiston & Kremer, P.C., of Memphis, Tennessee, Jan. 1, 1981 to date Have been lead counsel in commercial and business litigation for over 25 years. Experienced in hospital and health care litigation; business and tax litigation; labor relations; arbitration and mediation; airport cases; estate planning, probate and trust law. Have participated in numerous arbitrations, including commercial, construction and labor arbitration. Have appeared before a panel of the New York Stock Exchange and presented successfully a securities matter. MEMBERSHIPS & HONORS : Member, Various Bar Associations President, Health & Welfare Planning Council of Memphis (1964-1966) President, Estate Planning Council of Memphis (1976-1977) Member, Estate Planning Council, Naples, Florida Member and Vice Chairman, Tennessee Health Facilities Commission (April 1980 to July 1986) Board of Mid-South Medical Center Council Various Charitable and Civic Boards President, Marbelle Club, a 98-unit Condominium, Marco Island, Florida (1991) Certified by Supreme Court of Florida as Mediator (1991) Formerly, Board of Forum Club of Collier County Formerly, Board of Urgent Care Center of Marco Island Formerly, Treasurer, Temple Shalom, Naples, Florida Member, Greater Naples Leadership Masters Class V ACTIVITIES: Active in Various Professional Societies Have Written Various Articles and Addressed Numerous Seminars and Charitable Groups -2- LEGAL SPECIALTIES SINCE 1989: Since 1989, I have specialized in estate planning, probate and trusts. I also have had wide experience representing companies in business matters, including organization, capitalization, buy-sell arrangements, succession planning and disposition through mergers and acquisitions. As a lawyer-CPA, I have also had experience in valuation situations. I am backed up by my Memphis, Tennessee law firm and "of counsel" with Attorney Edward Wollman in Naples, Florida. -3- .g. EXECUTIVE SUMMARY APPOINTMENT OF ME_MB~S) TO BLACK AFFAIRS ADVISORY BOARD OBJECTIVe.: To appoint 2 members to serve 4 year terms, expiring on June 25, 2005, on the Black Affairs Advisory Board. (~ONSIDERATIONS; The Black Affairs Advisory Board had 3 terms expire on June 25, 2001. This 9 member committee identifies and evalua~s problems unique to the Black Community, reviews and recommends ways to ensure open communication between the minorities and Collier Counly Government and provides periodic reports to the Board of County Commi-~sioners. A list of the current membership is included in the backup. The terms expired for Rufus H. Watson, Marian Thompson and Fitzgerald A. Frater on June 25, 2001. A press release was issued and resumes were received from the following 2 interested citizens: APPLIC.~. ,NT CATEGORY PlST ELECTOR AOV. COMM. Rufus H. Watson Marian Thompson JRe-appointment Re-appointment IYes lB^AB [Yes [ BAAB COMMITTEE RECOMMENDATION: Rufus H. Watson - re-appointment Marian Thompson - re-apointmem FISCAL IMPACT: NONE GROWTB MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 member to serve 4 year terms, and direct the County Attorney to prepare a resolution co~ing the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commi~ioners Agenda Date: JUNE 26, 2001 Pg.. / Black Affairs Adviso~ Board Name Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Mr. Rufus H. Wntson 403.03~ 12/02/97 06/25/01 55~! 7--.-,_~_~ke i'hmm,,,~'- P.d., ~.252g----~----27~~- Category: Ms. LaVe, me C. Franklin 352-2868 ~ -~'z~s- ~'t~, '~.~ Naples, FL ~'~qi/~.. District: 3 Category: 04111/00 06/25103 Ms. Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 D/str/~: 3 Category: 04/I 1/00 06125/01 Mr. James A. Drayton 884 Briarwood Boulevard Naples, FL 34104 District: 3 Category: 06/25/03 Mr. Robert G. Jenkins 4541 7th Avenue, N.W. Naples, FL 34119 District: 3 Category: 04/10/01 06/25/02 Ms. Gerry Moore 3390 Mystic River Drive Naples, FL 34120 District: 5 Category: 352-6,3,57 12/14199 06/25/03 2nd T~rm 4 Years t// 3 Years 1 Year 4 Years I Year 4 Years Wednesday, April 11, 2801 Page 1 of 2 Y,,':~ 2 6 £Z31 Black Affairs Advisory Board N~ Mr. Albert Wahbey 555 Bowline Drive Naples, FL 341O2 District: 4 Category: Mr. Fitzgerald A. Frater Warlt Pkone Appt'd Home Pitone Date~e-appt 594-9192 11/03/98 Naples, FL n~ ~o3't/ ,S'J~otl~a~O~./ Distr.: 4 -,-~'4~ o q Category: F_~ Date Term 2nt~cpDate 2nd Term 06/25/02 4 Years 06/23/01 4 Years Mr. James R. Roath 253 North Barfield Marco Island, FL 34145 District: I Category: 389-2655 11/14/00 06/25/02 1.5 Years ~-1846 This 9 member board ~as creal~ on May 14, 1991, bY Oral No. 91-38 & 91-77, to Idenl~ and evMuMe problems unique to the ~ Community, revie~ and recommend ~ys to ermure reports to the Board of Coonty Commissiotmm. Amended an 08/13,/91 by Ord. 91-77 to increase membemhip from 7 to 9 member. Terms are 4 year~ FL STAT noae John Dunnuck4~ Admi~, Camm Der & Env Services: 403-2385 Page 2 of 2 MEMORANDUM DATE: TO: May 30, 2001 FROM: Vinell Hills, Elections Office Sue Filson, Administrative Ass~ t Board of County Commissioners '~/' Voter Registration - Advisory Board Appointments RECEIVED JUN 0 200! B~ar~ of County Commissioners The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. BLACK AFFAIRS ADVISORY BOARD COMMISSION DISTRICT Rufus H. Watson 4822 Tahiti Lane Naples, FL 34112 Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 Thank you for your help. AGENI;~ I"J'EM MEMORANDUM DATE: TO: FROM: May 30, 2001 John Durmuck, Interim Administrator Community Development and Environme~n~ ta~ Services Sue Filson, Administrative Assistarlt~~ t Board of County Commissioners ~.~Tc--t Black Affairs Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Rufus H. Watson 4822 Tahiti Lane Naples, FL 34112 Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 85/14/2881 12:44 5130047 CARL O-tASE P~3E 81 RECEIVED MAY ! ~ 200l BOard of Count! Coemfssfo~rs May 14, 2001 Nfs. Sue phiison Collier County Government Please accept this letter as my .request for re-ap .p~,.intment to another term on the Black Affairs Advisory Board of Colher County. Rufus H. Watson A C.-:-:-iEN[:LA ITFM May 8, 2~0 t Mrs.. ~e Fflson,. A_dminisWative Assistant Boatct of Coun~ Commissioners 3301 Tam/am/l::a~ Trail NapI~ ~_.. 34! 12 I am would like to apply for another term on the Black Adviso~ Council. I have ~_rve~cJ a one year re_tm_ wb_/ch has not. been long enough t_o see fruit/on of our goals.. The cmmcil is doing ~rious work and ! would like to ~ Frt oft. he ~oup that. ~_es to acc~mp!ish their objectives. MARIA~ THOMP~N ~84 SABAL I~KE DRIVE N AP~.~ ~ 34 EDLICATIO~'~ Temple l. Inive. tsi~ 1073: BBA; Major- Accoonting Philade. lpb~ Pa_ I912! PI:~..~Lt Emp[o ~yrnent' F~II~ Time. N~-se.~ I908 to present EMPLOYMEbFF~ Scltoo[ District ofPhiladelphia Cketober 1002 t.o October !9og Posit~ Long Tearm ~bstJtuate~ T~c. bex 'O/hi,er Elementary ~[ said Gideon Eleme. nta~ School Re. tix~c~ Oc./.obe~ IOOg EMPLOYME2~:. City of Phi~aaeyhia I055 t.o 1902 Positions. he, Id: Acc. o~ AJ~l~tor Resked~A_.phl !992 Commnnity ,~'x~Jx?~_ ~e.~[ On thc Board of Directors of West Phi!a Co~t~W Men~l Health Con~ ~CA Application for Advisory Committees/Boards Collier County Board of Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-~02 Home Address: ~-~.Z ~/ Fax No. Business: Home Phone: Zip Code: e-mai] address: Business Phone: Board or Commlttog Applied for: Category (if applicable): ~xampie: Commhmloa Diatr~ Dev~ol~r. ~mqmmmm~al~ lay per~ etc. Are you a registered voter in Collier County: Yes /~ No Do you currently hold public office? Yes No ~ If so, what is that office? Do you now serve, or have y~u ever served, o~a Collier County board or c~mmittee? Ye~ y , No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: · I .... ,L [,.,.,..,,!'nflt Ple~e amok any ..n~d information you f~l~ TI~ ~piicatlo~ *hmdd l~fm'wm, ded to Su~ F'dson, Adr, d~d~wmive .4~i~u to Tke Board of Count. Comm~ione~s, $$01 East Tamia~i Trail, Napi~, FL $4112. If yo~ ~h, ple~e fwe your ~pplication to ~1) T74-3602 or ~ to · uefdsonC~co~ov ne~ rlu~y~foe ~ ~ ~,e ~e ~ ~fC~gg~ Cmmty. EXECUTIVE SUMMARY ADOPT RESOLUTION 2001- ., A RESOLUTION ARTIFICIAL REEF IN HONOR OF SGT. JEFF KLEIN. NAMING AN OBJECTIVE: To have the Board Of County Commissioners adopt Resolution 2001- naming an artificial reef in honor of Sgt. JeffKlein. CONSIDERATION: Sgt. Jeff Klein was assigned to the Collier County Sheriff's Office Marine Bureau prior to his death. His fellow officers would like to honor his name and service to Collier County through the dedication of an artificial reef. FISCAL IMPACT: This resolution will presents no significant fiscal impact. GROWTH MANAGEMENT IMPACT: This resolution presents no significant change and will cause no impact. RECOMMENDATION: The Board of County Commissioners adopt Resolution 2001- Douglas GA SlUr, Sr. En¥ir, onmental Specialist REVIEWED BY: ~~~q~ Date: Wi[~i~b. LorenZ, Jr.,'/P.E., Dir0~or Natura~Reso. j~q,es Depart/l~nent John M.J[3mmuck, Interim Administrator Commulhity Development & Environmental Services AGENDA ITEM No. JUN g $ 200! RESOLUTION NO. 2001- A RESOLUTION NAMING AN ARTIFICIAL REEF IN HONOR OF SGT. JEFF KLEIN WHEREAS, the Collier County Department of Natural Resources has an open permit through the Department of the Army to build an artificial reef site in Collier County waters in the Gulf of Mexico; and WHEREAS, the site will be located in Collier County waters, approximately three miles west of Gordon Pass, in the Gulf of Mexico (center GPS coordinates: North latitude 26.02.125 by West longitude 81.49.875); and WHEREAS, this reef site will promote the natural environment in the Gulf of Mexico and will benefit the fishing enthusiasts of our county; and WHEREAS, Sgt. Jeff Klein was assigned to the Collier County Sheriff's Office Marine Bureau prior to his death and this measure would be an appropriate way to honor his name and his dedication to the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, name this artificial reef site at center GPS coordinates North latitude 26.02.125 by West longitude 81.49.875, "THE SGT. JEFF KIJEIN MEMORIAL REEF". This Resolution approved and duly executed this __ day of ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: D~'vid C. weige'l County Attorney By: JAMES D. CARTER, Ph.D., CHAIRMAN JUN 2 EXECUTIVE SUMMARY REQUEST FOR POLICY DIRECTION THE USE OF STATE HOUSING PARTNERSHIP (SHIP) FUNDS. REGARDING INITIATIVE OBJECTIVE: To obtain direction from the Board of County Commissioners regarding levels of assistance in the SHIP program to Iow and very-low income citizens of Collier County. CONSIDERATIONS: On July 7, 1992 the State Housing Initiatives Partnership (SHIP) Act was signed into law to provide additional funding to local communities through a documentary stamp tax on real estate transactions to promote affordable housing. Under the SHIP program Collier County and the City of Naples receive funds from the State of Florida to provide initiatives to expand affordable housing opportunities. The Florida Housing Finance Corporation (FHFC) is the responsible state office for administering the SHIP program. The FHFC requires that a minimum of 30% of all SHIP money be allocated to assist very-low income individuals. Currently the Collier County SHIP program dedicates 60% of all program funds to assist those very-low income individuals. In recent years home prices in Collier County have increased drastically. In order to prevent very-low income buyers from being priced out of the market, staff proposes to double the amount of SHIP down payment assistance available to very low income buyers from $2,500 to $5,000. This change will result in an increase of approximately $500,000 per year to the assistance offered to very-low income individuals, raising the total to 77% of all SHIP program fronds allocated to very-low income individuals. This reallocation of funds will also have the ~ffect of reducing the total number of SHIP clients assisted per year from nearly 700 to approximately 500 clients. Any change to the levels of service in the SHIP program will require formal amendments to both the SHIP ordinance and the Local Housing Assistance Plan. FISCAL IMPACT: Changing the levels of service in the SHIP program will have no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth managemem adjusting levels of service within the SHIP program. imnnc't ~rc~rn - ' AG ENDA'¥~gI~ NO.........,_...- JUN 2 6 2:001 RECOMMENDATION: That the Board of County Commissioners give staff direction regarding levels of assistance in the SHIP program to low and very-low income citizens of Collier County. SUBMITTED BY: ~--~~-~'~-- Date: C--- t' Cormac J. Giblin, Manager Department of Housing and Urban Improvement REVIEWED BY: '7'rel 15ihT'lic, Director Date:~" '//"- Depa~ment of Housing and Urban Improvement APPROVED BY: qohn M. Dunnuck III, Interim Administrator ..... ivision of Community Development and Environmental Services AGENDA ITEM NO. JUN g 6 2001 I~-. ENDA ITEM JUN ~ 6 2001 ,.. ._.,Z 0 cD EXECUTIVE SUMMARY APPROVE AGREEMENT FOR SALE AND PURCHASE OF 229 +1- ACRES OF LAND IN COLLIER COUNTY IN CONJUNCTION WITH THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY FOR CONSTRUCTION OF A COUNTY PARK ON 129+I- ACRE SITE. OBJECTIVE: To obtain Board approval for an Agreement for Sale and Purchase by and between Collier County, the District School Board of Collier County, and Kaufmann Holdings, Inc. for the purchase of a total parcel consisting of 229 +/- acres, for construction of a regional county park on 129+/- acres and a school facility on the remaining 100 acres. CONSIDERATION: For several years the staff of Parks and Recreation Department has been looking for a suitable site in the North Naples area for purposes of constructing a regional county park facility. This effort is in keeping with Board policy to redirect the priorities of future park development from smaller 35-40 acre community parks to larger, multi-purpose and lower maintenance cost regional parks. The Collier County Parks and Recreation Department (hereinafter "County") in cooperation with the District School Board of Collier County (hereinafter "School Board") has located a parcel of unimproved land consisting of approximately 229 acres in Section 32, Township 48 South, Range 27 East, lying east of CR 951 and immediately north of the proposed Vanderbilt Beach Road Extension, which will meet the County's park needs and the School Board's need for a future elementary school and high school. The property is owned by Kaufmann Holdings, Inc., and had previously received development approval by Community Development Services as an equestrian community and environmental permits from SFWMD, ACOE and the County. The property first came to the School Board's attention in mid-2000. The School Board was interested in 100 acres for the construction of an Elementary School and a High School. The property owner, Kaufmann Holdings, Inc., however, was and remains unwilling to subdivide the parcel. ~ln February, 2001, the County was notified by an agent for Kaufmann Holdings that the property was available for purchase. At that time staff determined that both the School Board and the County would benefit from the purchase of the entire parcel and a cooperative subdivision of the tract by both entities, thereby avoiding the assemblage of smaller parcels in order to meet the needs of each entity. The County desires to take title to the eastern 129 acres and the School Board desires the remaining 100 acres for the construction of both an elementary and a high school. This 129+/- acre site appears to meet all the criteria for a regional park including location, access (access is provided by bridge off of 13th Street N.W.), percentage of usable acreage, and compatibility with surrounding land uses. A location map is attached for reference. The proposed park would include both active r, form of soccer and softball fields in quantities that could support regular 9agu.~CC~&~T3EM in-County tournaments as well. Roughly half of the site may be u ed recreational opportunities such as picnicking, trails, and playgrounds. By combining both uses on the 129 acres, the site can flexibly meet a variety of recreational activities at a single location. The School Board has obtained two independent appraisals on the property, in accordance with Fla. Stat. s.125.355. The School Board has also obtained a feasibility study for the proposed use of the property. The property has been appraised at $16,500 per acre and $17,400 per acre. The parties have negotiated a purchase price of $17,300 per acre, for an estimated total purchase price of $3,961,700, which amount exceeds the average between the two appraisals and requires an extraordinary vote of approval by the Board. Of this estimated total purchase price, the County would be responsible for $2,231,700. In addition to the purchase price, the purchaser of the property will be required to pay the sum of $155,000 to the Ccrkscrew Regional Ecosystem Watershed Trust to minimize the adverse effects to panther habitat resulting from the development of this property. Other costs include closing costs (uncertain at this time), the costs of a title policy in the amount of $11,750, and the expenses for the appraisals and site development feasibility study in the amount of $21,800 already incurred by the School Board. Some of these costs will be shared equally, while others will be shared proportionally between the County and the School Board. The Agreement for Sale and Purchase (hereinafter "the Agreement") has been negotiated as a back-up, or contingency, contract because the property is currently under contract with One Hundred Horsemen, Inc. and scheduled for closing on June 11, 2001. The Agreement is contingent on the current contract having failed to close or being terminated. In the event the current contract does close, the proposed agreement between the County, School Board and the owner will fail. As of the date of the preparation of this Executive Summary, however, the County has been advised that One Hundred Horsemen, Inc., failed to close after demand and that a notice of termination was given by the property owner. The Board should be advised that on June 11, 2001, the County Manager's office received a letter from J.e_rry Fletcher, principal of One Hundred Horsemen alleging that staff has interfered with his contract with Kaufmann Holdings causing "damages and other losses, which may exceed 36 million dollars." The Office of County Attorney has reviewed the matter, and believes that the County has not acted improperly in this regard. Notwithstanding the apparent lack of merit in Mr. Fletcher's claim, there remains the possibility of being sued by One Hundred Horsemen. Given the fact that the contract has already been terminated by Kaufmann Holdings, the possibility of suit exists irrespective of whether the Board approves this Agreement. Once the County receives written notice of termination of the contract with One Hundred terms of the Horsemen, the County and the School Board may proceed under the Agreement, a copy of which is attached hereto. The Agreement requires precedent to purchase that both the School Board and the Count~ ;I'I'EM JUN 2 6 2001 respective board's approval before the parties are obligated to purchase the property. The Agreement provides for the Board of County Commissioners' approval on June 26, 2001, and the School Board's approval on July 26, 2001, The Assistant Superintendent of the School Board has approved and signed the proposed Agreement, subject only to advertising requirements and the School Board's approval on July 26, 2001. Pursuant to the Agreement, the Seller shall assign all permits and development rights pertaining or accruing to the benefit of the Property to the County and the School Board and shall issue separate warranty deeds for conveyance of the Property to the County and the School Board. Within fifteen days of written notice of the termination of the prime contract, the School Board shall obtain a survey of the Property. Staff has conducted an in-house review of potential environmental concerns in order to determine whether the site can be utilized for its intended purpose. The property is currently encumbered by a Final Judgment foreclosing a mechanic's lien in the approximate amount of $110,000. Due to a bankruptcy proceeding initiated by Kaufmann Holdings, Inc., an automatic stay has prevented the scheduling of a foreclosure sale to date. It is anticipated that the bankruptcy petition will be dismissed on June 16, 2001, the stay lifted, and a foreclosure sale scheduled by the end of July, 2001. Consequently, the Agreement mandates a closing on July 28, 2001. This will allow the property to be redeemed prior to sale. The purchase monies will be escrowed and disbursed by the escrow agent, who will be responsible in insuring that the appropriate parties are paid off so that the property is conveyed free of any liens, judgments or other encumbrances. In the event the bankruptcy proceeding remains pending, the property owner is required to obtain the approval of the bankruptcy court as a condition precedent to closing. Due to the short time period between the School Board's approval and the closing date (two days), staff recommends that the Board direct the Finance Department to expedite the issuance of payment and provide the Real Property Department with a County Warrant in the appropriate amount on or before July 28, 2001. FISCAL IMPACT: of this site: 1. 2. 3. 4. 5. The~ following are the costs associated with the proposed purchase Purchase Price of $2,231,700. County's share of Appraisal and Engineering Fees of $10,900.00. Title Commitment and Policy estimated at no more than $ 8,400.00. Closing costs estimated in the amount of $1,000. County's pro rate share of CREW fee of $87,314.00 Total Cost: $2,339,314.00. Fund: 346 Funds for the total costs are not available in Fund #346. A budget am~.ndment is needed to transfer $1,365,000 from the Lely Amphitheatre project (delay~-d..~unlikM FY01/02) and to transfer the remaining $975,000 from the Impact Fee Fund Rese_~es. GROWTH MANAGEMENT IMPACT: The construction of this facility is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: Approve the purchase of 129 acres by the County for construction of a regional park; and app]:ove the necessaz'y budget, amendment,; Approve the terms of the Agreement and Sale and Purchase between the County, School Board and Kaufmann Holdings, Inc., by an extraordinary vote; 3. Authorize the Chairman to execute the Agreement on behalf of the Board; Direct staff to proceed under the terms of the Agreement and to follow appropriate closing procedures, upon satisfactory completion of all conditions precedent to closing; o Direct the Finance Department to expedite the issuance of County funds in the amounts authorized by the Agreement for Sale and Purchase and finalized by staff in preparation for closing. o Accept any and all conveyance documents required to acquire the proposed parcel. PREPARED BY: ~'"Ellen T. Chadwell, Asst. County Attorney SUBMITTED BY: REVIEWED BY: APPROVED BY: rack, Real Property Specialist II Real Property Management Department Charles E. carringtonlJr., ~FFJWA, Director Department Leo Ochs, Admi~ist. ra.~r ~ Public Services~on Date: Date: Date: (-f' !/-~/~./ AGENDA ITEM JUN 2 6 2001 TEM ZOO1 I AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT made as of the ~'~ day of June, 2001 (the "Effective Date"), is made and entered into by and between KAUFMANN HOLDINGS, INC. a Florida corporation (hereinafter referred to as "Seller"), and COLLIER COUNTY (the "County"), a political subdivision of the State of Florida, and the DISTRICT SCHOOL BOARD OF COLLIER COUNTY (the "School Board"), (the County and the School Board are sometimes collectively referred to herein as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property, located in Collier County, State of Florida, and being more particularly described in Exhibit "A", attached hereto and made a part hereof by reference, and consisting of approximately 229 acres; and WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, for the construction and use as a school facility and county park; and WHEREAS, Seller has advised Purchaser that Seller has an existing contract to purchase the Property, as hereinafter defined, with another Purchaser (the "Prime Contract"); and WHEREAS, in the event that the Prime Contract is terminated or fails to close, this Contract shall be the back-up contract for the Property; and WHEREAS, the effective date of this Contract will be the date the Prime Contract is terminated by either party thereto; and WHEREAS, it is the intent of the Purchaser and Seller that this Contract be a back-up contract and the obligations herein are contingent upon the Prime Contract being terminated; and WHEREAS, Seller_is agreeable to such sale and to such conditions and agreements, and to the extent required by law and the rules of any court of competent jurisdiction, Seller will obtain the necessary approval to the terms of this Agreement fi.om the Bankruptcy Trustee and/or Court, and further obtain authorization to proceed with the sale in the event the Prime Contract is terminated. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and cond[~0~s t4ai_tqD-~ IIEM hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase fi.om Sc41~r all_of__ , the property, both real and personal, located in the County of Collier, State of Florida, more particularly described as follows (hereinafter, all property and items listed in Subsections 1.01(a) through 1.01(d), inclusive, are collectively referred to as the "Property"): (a) That certain tract of real property more particularly described on Exhibit "A" attached hereto and made a part hereof, together with all fights, privileges, tenements, hereditaments and appurtenances pertaining thereto (the "Land"); the Land shall also be deemed to include all interest, if any, of Seller in (i) strips or gores, if any, between the Land and abutting properties; (ii) any land lying in or under the bed of any street, alley, mad or right-of-way, opened or proposed, abutting or adjacent to the specifically described Land; and (iii) all buildings, structures and other improvements, if any, including, without limitation, all fixtures and landscaping, if any, now or hereafter situated upon the Land; (b) All of Seller's right, title and interest in and to all site plans, surveys, soil and substrata studies, plans and specifications, engineering plans and studies and other plans, diagrams or studies of any kind, if any which relate to the Land or the Property; (c) All other privileges, easements, fights-of-way, riparian, littoral and water rights, and all other rights, privileges and appurtenances owned by Seller and in any way related to, pertaining to or accruing to the benefit of the Property; and (d) All other privileges, permits, development approvals, rights-of-way, easements, water rights, and all other rights and appurtenances owned by Seller and in any way related to, pertaining to or accruing to the benefit of the Property. " II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (the "Purchase Price") for the Property shall be SEVENTEEN THOUSAND THREE HUNDRED Dollars ($17,300.00) per acre (U.S. Currency), for the property shown on the survey prepared by a licensed surveyor for Purchaser subject to adjustments and prorations as herein provided. Any partial acre shall be pro rated on the same per acre price. 2.02. If any mortgage(s) or lien(s) presently encumber(s) the Property, Seller shall be required to satisfy or release any such mortgage(s) or lien(s) prior to or at Closing (as hereinafter defined), and the necessary portion of the Purchase Price due Seller at Closing shall be paid by the Closing Agent to the holder(s) of such mortgage(s) or lien(s) in order to satisfy or release such mortgage(s) or lien(s). Seller represents and warrants that any such mortgage(s) or hen(s) do(es) not contain any provision which would prohibit the satisfaction or release of such mortgage(s) or lien(s) at Closing. Not less than ten (10) days prior to Closing, Seller shall cause to be delivered to Purchaser a written estoppel letter(s) from the holder of any such mortgage(s) or lien(s). The estoppel letter shall set forth and confirm the amount that will be required to be paid at Closing in order to satisfy or release such mortgage(s) or lien(s) as of th: Closing Date, with a per diem charge in the event the purchase and Sale is consummated afte~ or bet~Cr~Effii~A I/EM schedule Closing Date. No. m. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held and title to the Property conveyed from Seller to Purchaser by delivery of the fully executed warranty deed(s) and other closing documents, including, without limitation, those described in Paragraph 3.011 below, on or before July 28, 2001 unless extended by mutual written agreement of the parties hereto. The Closing shall be held at 10 o'clock a.m. at the offices ofRoetzel & Andress ("Closing Agent"), 850 Park Shore Drive, Suite 300, Naples, Florida 34103 or at such other place which Seller and Purchaser shall mutually agree upon in writing. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.01.1 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with Florida law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: 3.01.1.1 Warranty Deed(s) in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Any title encumbrances or exceptions which are set forth in the Commitment or the Survey described in Article V of this Agreement, to which Purchaser does not object within the respective applicable review time. 3.01.1.2 Combined Purchaser-Seller closing statement. 3.01.1.3 A "Gap," Tax Proration, Mechanic's Lien, Owner's and Non-Foreign Affidavit," as required by Section 1445 of the Internal Revenue Code and as required by the title insurance underwriter in order to instire the "gap" and issue the policy contemplated by the title insurance 3.01.1.4 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.01.1.5 Such evidence of authority and capacity to Seller and its representatives to execute and deliver this Agreement and such other documents as may be required to consummate the transaction contemplated hereunder as Purchaser's counsel and/or the Title Company (as hereinafter defined) may reasonably determine. 3.01.1.6 An assignment of all permits and development rights of the Se the Property to the extent the same are assignable. ler p~tffEM No. Pg. ~ 3.01.2 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: 3.01.2.1 The Purchase Price in either one or more of the following forms: (i) cash, (ii) cashier's check made payable to the order of the Seller and drawn on a bank or savings and loan association doing business in Collier County, Florida, (iii) wire transfer of cleared federal funds or (iv) any other payment mechanism so long as it constitutes payment in immediately available funds, in an amount equal to the Purchase Price; subject, however, to adjustments and prorations as herein provided. Funds may be paid in whole by either the School Board or Collier County, or may be paid collectively by both entities. No funds shall be disbursed to Seller until the Title Company (as hereinafter defined) verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 5.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed; provided however that notwithstanding the foregoing, payment shall not be later than July 31, 2001, unless further extended by the parties. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed(s), in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. 3.03 Purchaser shall pay at Closing, the cost of the Survey as described in Article V, the costs of Buyer's studies and investigations, the premium for the Owner's (ALTA Form B) Title Policy(s) issued pursuant to the Commitment provided for in Section 5.011 below, the cost of the title commitment and title search, and the cost of recording the Warranty Deed(s). 3.04 Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, and any other applicable exemptions. If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millgge. 3.05 No later that ten (10) days prior to Closing, Purchaser shall notify Seller as to how Purchaser shall take title and the legal descriptions for the portions of the Property to be conveyed to the County and the School Board. Seller acknowledges and agrees that separate warranty deeds will be required to convey the Property to the County and the School Board. IV. CONDITIONS PRECEDENT TO PURCHASER'S OBLIGATION TO CLOSE. 4.01 Purchaser's obligation to consummate the transaction contemplated hereunder is conditioned upon satisfaction of each of the following conditions at or prior to the Closing (or such earlier date as is specified with respect to a particular condition): ............ Az.X-~";DA ITEM (a) None of the representations and warranties of Seller set forth in Article X hereof shall be untrue or inaccurate in any material respect; Co) Seller shall not have failed to perform or comply with any of its agreements or obligations in the manner and within the periods provided herein; (c) Purchaser shall not have given written notice rightfully terminating this Contract within the appropriate periods of time specified for the same; (d) The Prime Contract shall have been terminated and of no further force or effect; (e) The District School Board of Collier County shall have approved this Contract at a public meeting on or before July 26, 2001; (f) The Board of Collier County Commissioners shall have approved this Contract at a public meeting on or before June 26, 2001; (g) With respect to the County, the County's obligation to close this transaction shall be contingent upon this Purchase and Sale Agreement being a valid and binding obligation of the School Board at the Closing Date; and (h) With respect to the School Board, the School Boards obligation to close this transaction shall be contingent upon this Purchase and Sale Agreement being a valid and binding obligation of the County at the Closing.Date; and (i) herein. The performance of all of the parties of those requirements set forth in Article V In the event that any one or more of the above conditions contained in this Article IV is not satisfied at or prior to the Closing (or such earlier date as is specified with respect to a particular condition), Purchaser may, at its sole option, (i) terminate this Contract by notice to Seller, or (ii) Purchaser may waive such_conditions precedent and close within thirty (30) days of Purchaser's waiver. V. REQUIREMENTS AND CONDITIONS 5.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing: 5.01.1 Within fifteen (15) days after the date on which Purchaser has received written notice that the Prime Contract has been terminated, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) covering the Properly, together with hard copies of all exceptions shown thereon. The Owner's Tifl~Ilias~ IT£M Commitment (the "Commitment") shall be issued by Attorneys' Title Insurance Fund, h~, s JO z$ 2001 Orlando, Florida through ROETZEL & ANDRESS (the "Title Company"). The Commitment shall (i) show and evidence that title to the Property is currently in the name of Seller, and (ii) show and evidence that title is good, marketable and insurable, subject only to the Permitted Exceptions (as hereinafter defined). At such time as the Purchaser has identified the portions of the Property to be conveyed to the County and School Board, the Title Company shall amend and endorse the Commitment and provide a title commitment for the County and a title commitment for the School Board. At closing, the County and School Board shall be responsible respectively for the premium for its Owner's Title Insurance Policy issued by the Title Company.] 5.01.2 The Property shall be sold, and good and marketable title is to be conveyed, subject to the following described matters (the "Permitted Exceptions"): (a) Real estate taxes and assessments for the year of closing and subsequent years, for which a bill has not been rendered as of the Closing Date (as described in Article III); and (b) Any title encumbrances or exceptions which are set forth in the Commitment, or in the Survey described in Section 5.013 of this Contract, to which Purchaser does not object within the respective applicable review period. 5.01.3 Seller shall deliver to Purchaser within five (5) days from the Effective Date any existing as-built survey of the Land and the improvements. Within fifteen (15) days from the date on which Purchaser has received written notice that the Prime Contract has been terminated, Purchaser, at its own expense, may obtain an up-to-date, as-built survey ofthe Land and all improvements situated thereon, prepared by a State of Florida licensed surveyor (the "Survey") certified to Purchaser, the Title Company, and to any lending institution Purchaser may designate. The Survey shall contain a certification as to both gross acreage and net acreage, which is the total acreage of the Land exclusive of any dedicated road rights-of-way, canals and lakes which exist on the Land as of the Effective Date. 5.01.4 Purchaser shall have ten (10) days, following the receipt of the Commitment and Survey, to determine whether the Commitment or Survey reflect that Seller's title is subject to matters which are not acceptable to Purchaser, in Purchaser's sole and exclusive discretion, and to notify Seller in writing of the same. If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said thirty (30) day time period, Purchaser, by providing written notice to Seller within seven (7) days after expiration of said thirty (30) day period, may (i) accept title as it then is, waiving any objection or (ii) terminate this Agreement. A failure by Purchaser to give such written notice of termination within the time per/od provided herein shall be deemed an election by Purchaser to accept title in its then existing condition and Purchaser shall proceed to close this transaction in accordance with the terms and conditions hereof. AGENDA ITEM 2 s ?o01 5.01.5 Seller shall notify Purchaser immediately after learning of any conditions or restrictions imposed on the parties and/or sale of the Property by the Bankruptcy Trustee or Court. The imposition of any restrictions or conditions which alter the mutual obligations and benefits contained herein shall be grounds for termination of the Agreement by the Purchaser pursuant to Section 8.01 of Article XIII of this Agreement. 5.01.6 Seller shall obtain any releases, subordinations or terminations necessary to extinguish any rights, interest or title to the Property created by virtue of that certain Memorandum of Agreement between Kaufinann Holdings, Inc. and Eric and Kathy Feinstein, recorded at Official Records Book 2268 Page 1003, et. seq., in the Public Records of Colher County, Florida., with the exception of any fights of ingress/egress to the Feinstein Property (more commonly known as Rubiayat Farms, Inc.). 5.01.7 Purchaser Collier County through the Collier County Board of Commissioners shall have approved this Agreement on or before June 26, 2001. 5.01.7 Purchaser School Board's Associate Superintendent/Operations James H. Simms shall have executed this Agreement on or before June 12, 2001. 5.01.8 Purchaser School Board shall have approved this Agreement on or before July 26, 2001. VI. RIGHT OF ENTRY DURING CONTRACT PERIOD. 6.01 Unless and until this Agreement is terrninated, Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall not cause damage to the Property. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. 6.02 Seller ackno_wledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. vm. TERMINATION AND REMEDIES 8.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, then ten (10) days after Purchaser has provided Seller with written notification of such failure and if Seller has not cured such failure during such ten (10) day period, Purchaser may, at its option, terminate this Agree~ e~t b~c~§ written notice of termination to Seller. Purchaser shall have the fight to seek and ~eaforctg~all I rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 8.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole and exclusive remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon Seller shall have all of the fights available under Florida law. 8.03 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. IX. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 9.01 Seller and Purchaser represent and warrant the following: 9.01.1 Purchaser has full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. 9.01.2 Seller owns fee simple title to the Property to be purchased. Seller is presently the subject of a pending bankruptcy proceeding, wherein the sale and purchase of the Property must be approved/authorized by the Bankruptcy Court. Prior to closing the purchase and sale, Seller shall obtain approval of the Bankruptcy court (if necessary) to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All other necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. Prior to Closing, certified copies of all such approvals shall be dehvered to Purchaser and/or Seller, including all court orders or findings arising from the bankruptcy proceeding. 9.01.3 The warranties set forth in this Article shall be tree on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 9.01.4 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement, except that certain judgment of PDI Corp. against Seller which judgment is a matter ofrecc ~'-n g'i'l£M s JUN 2 6 200 County, Florida, and that certain Bankruptcy proceeding in the Middle District Court of Florida, Fort Myers Division entitle In Re Kaufmann Holdings, Case No. 01-2975-9P1. 9.01.5 There are no pending options to purchase or sales contracts pertaining to the subject Property other than the Prime Contract between Seller and One Hundred Horsemen, Inc., a Florida corporation, Seller represents that in the event the Prime Contract is terminated or fails to close on June 11, 2001, (or any mutually agreed upon extended closing date,), this Agreement shall become effective and the obligations contained herein binding on the parties. Seller shall provide notice of termination of the Prime Contract not later than 3 days after such termination OCCURS. 9.01.6 Until the date fixed for Closing, so long as this Agreement remains in full force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any fights with respect to the Property or any part thereof, without first obtaining the written approval of Purchaser to such conveyance, encumbrance, or agreement, which approval may be withheld by Purchaser in its sole and exclusive discretion for any reason whatsoever or no reason. 9.01.7 Seller represents that to the best of its knowledge, there are no incinerators, septic tanks or cesspools on the Property and that all waste, if any, is discharged into a public sanitary sewer system. Seller represents that it has no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. That Seller represents that to the best of its knowledge, there is not located in, on, upon, over or under the Property (i) asbestos in any form, (ii) urea formaldehyde foam insulation, (iii) transformers or other equipment containing dielectric fluid which contains high levels of polychlorinated biphenyls in excess of fif~ parts per million, (iv) underground tanks; or (v) any chemical, material or substance, or existing condition, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, is known to pose a hazard to the health and safety of any persons that now or may hereafter occupy the Property or property adjacent to the Property (hereinafter sometimes collectively called "hazardous waste"). Seller represents that to the best of its knowledge, the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous waste,, or any other activity that would have toxic results, and no such hazardous waste is currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that it has no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents that to the best of its knowledge, no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 9.01.8 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law, ordinance, code, or regulation, or of any notice from any governmental body has been served upon Se :ler clata~nl~A ITEM any violation of any statute, law, ordinance, code or regulation or requiring or call lng altlmtion to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied· 9.01.9 There are no unrecorded restrictions, easements or fights of way (other than existing Collier County zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts of any kind affecting the Property. 9.02.0 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 9.02.1 Seller acknowledges and agrees that Purchaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change fi.om its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 9.02.2 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 9.02.3 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts This provision and the rights of Purchaser, h e~e'~~-~ · · ' . . T-,:' rEM survive Closing and are not deemed satisfied by conveyance of t~tle. Such represe, ntatl~, i0 warranties and indemnifications shall apply only to liabilities created prior to the conveyance fi.om Seller to Purchaser contemplated herein 9.02.4 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. X. NOTICES 10.01 Any notice, request, demand, instruction or other communication to be given to any party hereunder shall be in writing and either hand delivered, delivered by overnight courier or telecopier or facsimile transmission, or sent by registered, or certified mail, remm receipt requested, postage prepaid, addressed as follows: Id'to Collier County: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Attention: Hope Brack With a copy to: Ellen T. Chadwell Assistant County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 If to School Board: District School Board of Collier County 3710 Estey Avenue Naples, Florida 34104 Attn: Mr. James H. Simms Phone: (941) 436-6450 Facsimile: (941) 436-6531 With a copy to: ROETZEL & ANDRESS, L.P.A. 850 Park Shore Drive Naples, Florida 34103 Attn: John Clapper m, Esq. Phone: (941) 649-6200 Facsimile: (941) 261-3659 If to Seller: Kaufmann Holdings, Inc. 5850 16th Avenue N.W. Naples, Florida 34119-1234 Atto: Fred Kaufmann Phone: (941) 593-5355 AG:NDA ITEM Nc) .... ~ JUN 2 6 ZOO1 With a copy to: Robert "Skip" Gebhardt Porter, Wright, Moms & Arthur, LLP 3801 Tamiami Trail N. Suite 300 Naples, Florida 34103 Phone: (941) 593-2966 Fax: (941) 593-2990 10.02 Any notice demand, request or other communication shall be deemed to be given upon actual receipt in the case of hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or four (4) business days after depositing the same in a letter box or by other means placed within the possession of the United States Postal Service, properly addressed to the party in accordance with the foregoing and with the proper mount of postage affixed thereto. In the event of any notice via telecopier or facsimile transmission, a hard copy shall be sent via certified mail, remm receipt requested on the day of such transmission. Any such transmission received after 5:00 p.m. Eastern Standard Time (or Daylight Time, whichever then applicable) shall be deemed to have been given on the next following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Contract, the attorneys for Purchaser may directly contact Seller and the attorneys for Seller may directly contact Purchaser. The respective attorneys for both Seller and Purchaser are hereby expressly authorized to give any notice, demand, request or to make any other communication pursuant to the terms of this Contract on behalf of their respective clients. 10.03 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. XI. REAL ESTATE BROKERS 11.01 Seller acknowledges that James Schulze of Downing, Frye Realty has been acting as a transaction broker on behalf of the Seller, and that any and all commission, compensation, or fees to which the broker is entitled are the sole responsibility of Seller. Any and all other brokerage commissions, compensation, or fees due to or for any other broker or real estate agent shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission, compensation, or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions, compensation, or fees at closing pursuant to the terms ora separate agreement, if any. 12 AGENDA ITEM JUN 2 6 2001 XIII. MISCELLANEOUS 12.01 This Agreement may be executed in any manner of counterparts which together shall constitute thc agreement of the parties. 12.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executcd by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 12.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 12.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they defme, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 12.05 All tcrrns and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 12.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 12.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. 12.08 Seller is aware of 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. 12.09 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 Property before Property held in such capacity is conveyed to Collier County. (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 (["n~/pte~i~OA IIEM 3.3 Florida Statutes.) No. JUN 2 6 2001 _ 12.10 The parties acknowledge and agree that the terms of this Agreement and the ultimate purchase of the Property as contemplated by this Agreement is subject to the approval or mandate of the U.S. Bankruptcy Trustee and/or the Bankruptcy Court in the pending Chapter 11 bankruptcy proceedings of Kaufmann Holdings, Inc. The failure of the Seller to obtain court approval for the purchase price and closing on the Property shall entitle the Purchaser to terminate this Agreement, in accordance with the provisions of Section 9.01 of Article IX of this Agreement. Under no circumstances shall the Seller's failure to obtain the necessary approval from bankruptcy court operate as a basis for the liquidated damages set forth in Section 9.02 of Article IX. 12.11 Purchaser is acquiring only the Property from Seller and is not the successor of Seller. Purchaser does not assume or agree to pay, or indemnify Seller or any other person or entity for any liability, obligation or expense of Seller or relating to the Property in any way. Seller hereby agrees to indemnify and hold Purchaser harmless from and against all loss, damage, liability and expense (including court costs and attomey's fees) arising out of or in any way connected with (i) any fa/lure by Seller to observe and perform any and all of the covenants, conditions and obligations of Seller under any contract, agreement or lease entered into by Seller prior to Closing and relating to the Property; (ii) any intentional or unintentional misrepresentation or breach of warranty by Seller of any of the representations or warranties set forth in Article V of this Contract, which are being relied upon by Purchaser in proceeding towards closing the transaction contemplated under this Contract; (iii) arising from any acts or omissions of Seller, whether negligent or intentional, relating to the Property and occurring prior to the Closing Date; (iv) for any taxes and assessments remaining unpaid for calendar years prior to the year of Closing; and (v) for any other obligations (including, but not limited to, obligations under this Contract and any contracts) predating the Closing Date. The provisions of this Section 13.11 shall survive the Closing. 12.12 Florida. This Agreemem shall be governed in accordance with the laws of the State of 12.13 The recitals are true and accurate and are incorporated herein by the parties and made a part of this Agreement. xm. ENTIRE AGREEMENT 13.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. Time is of the essence of this Agreement. 14 AGENDA ITEM JUN 2 6 ZOO1 IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: , Deputy Clerk BY: James D. Carter, Ph.D., Chairman Ellen T. Chadwell, Esq. Assistant County Attomey DATED: 15 DISTRICT SCHOOL BOARD OF COLLIER COUNTY James H. Simms Associate Superintendent/Operations AGENDA ITEM JUl 2 6 2001 AS TO SELLER: 348535 1 KAUFMANN HOLDINGS, INC. frred~ic~"~.~'~, President 16 AGENDA ITEM JUN 7 6 2001 EXHIBIT "A" LEGAL DESCRIPTION The South V, of Section 32, Township 48 South, Range 27 East, Collier County, Florida, LESS AND EXCEPT the West ½ of the Southwest ¼ of said Section, less and except that ten (10) acre parcel described as follows: COMMENCING at the South ¼ comer of Section 32, Township 48 South, Range 27 East, Collier County, Florida, mn South 88°21'21'' West 1283.36 feet along the South line of said Section 32; thence North 01 °27'55" West 2012.09 feet along the West line of the East V2 of the Southwest ¼ to the POINT OF BEGINNING; thence continue North 01o27'55" West 678.65 feet along said West line; thence North 88°00'11" East 641.72 feet along the North line of the said East ½ of the Southwest ¼; thence South 01 °26'29" East 678.65 feet; thence South 88°00'11" West 641.43 feet to the POINT OF BEGINNING. 348979_1 AGENDA ITEM J 2 2001 KAUFMANN HOLDINGS 5850 16TM Avenue N. W. Naples F! 34119 By Facsimile Transmission Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 Attention Hope Brack Ellen T. Chadwell Assistant County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 District School Board of Collier County 3710 Estey Avenue Naples, Florida 34104 Attn: Mr. James H. Simms June 12, 2001 ROETZEL & ANDRESS, L.P.A. 850 Park Shore Drive Naples, Florida 34103 Attn: John Clapper III, Esq. Kaufmann Holdings A~eement for Purchase and Sale This is to advise ydu that the Prime Contract Vendee has failed to close on the Prime Contract in a timely manner and that the Prime Contract Vendor has terminated the Prime Contract. NAP~31727 vol Very truly yours, Frederick Kaufmann, Pre AGENDA ITEM JUN 2 6 2001 EXECUTIVE SUMMARY REPORT ON REQUEST FOR ADDITIONAL INFORMATION (RFAI) FOR LONG-TERM AND COMPLEMENTARY SOLID WASTE ASSESSMENT FOR COLLIER COUNTY OBJECTIVE: To provide the Board with a progress report on the RFAI that was prepared and conducted by Malcolm Pirnie Inc. (MPI), for an assessment of available solid waste disposal and complementary technologies pursuant to the Board's direction received at the December 20th, 2000 Solid Waste Workshop and the January 9th, March 27th, and April 24th 2001 BCC regular meetings. CONSIDERATION: 1. For the County to be able to assess the available solid waste technologies a nation-wide search for information was initiated. MPI reviewed all additional information submitted to the RFAI process and prepared an evaluation matrix for options that would be capable of managing the majority of the County's waste stream (Exhibit II). Staff Initiatives: Staff initiated an electronics recycling program and received confirmation from FDEP to receive $50,000 funding for the initiative. The Board approved negotiated agreements on June 12th, 2001, which included collection of the electronics at no additional cost. Staff is in the process of setting up a recycling and processing system. Staff is in the process of initiating a more aggressive Construction and Demolition (C&D) program to achieve higher recycling and recovery rates. Staff conducted a preliminary benchmarking based on a report by FDEP on Solid Waste Management in Florida dated 2000 (Figure I of Exhibit I). Therefore, the Staff recommends soliciting a Request For Proposals (RFP) to increase C&D recovery and recycling rate. Staff initiated a more aggressive Bio-cycle Program including composting over 70,000 tons/year of yard waste (almost 100% of all yard waste received by County Landfills) for re-use in Collier County. Staff conducted a preliminary benchmarking based on a report by FDEP on Solid Waste Management in Florida dated 2000 (Figure 2 of Exhibit I). However, staff is in the process of further increasing this rate by potential inclusion of bio- solids (sludge) and other bio-waste. Therefore, the Staff recommends retaining Dr. Monica Ozores-Hampton as the expert in the field of bio-c¥c!c tOA~,OA ZT[, I .0. ! JUN 2 6 2001 iP6. ! , increase bio-mass recycling and composting for re-use, and authorize Staff to outreach to the agricultural community to assist in marketing and technical assistance. Staff is in the process of developing a mandatory commercial recycling ordinance as directed by the Board. This program, along with the expanded residential recycling program as approved by the Board on June 12, 2001, is expected to significantly increase glass, steel, and cardboard recycling and other recyclables (Figure 3 of Exhibit I). Staff is expeCting to increase the landfill diversion rates by implementing more aggressive bio-cycle and C&D recovery and recycling programs. Staff also expects to increase curbside residential and commercial recycling rates as a result of mandatory commercial recycling and expanded residential recycling programs. Staff has issued work orders to Camp Dresser & McKee, Inc. (CDM Turn-Key Constructors) for a preliminary assessment and feasibility report of a long- term waste and recycling processing facility in Glades County. FISCAL IMPACT: The necessary funds are available in Solid Waste Fund Reserves for further assessment of long-term solid waste options. GROWTH MANAGEMENT IMPACT: This presentation is consistent with the concurrency requirement with the Growth Management Plan including ten years of unlined and two years of lined cell capacity requirement. RECOMMENDATION: That the Board: 1) 2) 3) Authorize the Staff to initiate and solicit a Request For Proposals (RFP) to increase Construction and Demolition (C&D) recovery and recycling rate. Authorize the Staff to initiate and solicit a Request For Proposals (RFP) to establish a process of electronics processing and recycling. Authorize the Staff to retain Dr. Monica Ozores-Hampton as the expert in the field of bio-cycle to increase bio-mass recycling and composting (including yard waste and other compatible waste) for re-use, and authorize Staff to outreach to the agricultural community to assist in marketing and technical assistance. JUN 2 6 2001 4) Review the long-term scenarios presented by the consultant MPI and direct Staff for the preferred long term option(s) including, but not limited to, MPI's report, and authorize Staff to solicit RFP's for one or more competing multiple long term options. 5) Authorize Staff to formally continue to work with Glades County for a potential long-term solution that will serve both communities and make necessary assignments to the consultants and turn-key constructors to complete a comprehensive feasibility study. 6) Authorize the Staff to make necessary budget amendments not to exceed $250,000 using the County's utility engineering firms to complete the necessary tasks. SUBMI-FI-EDBY: ,-----'-'-_~: : _~'~ ~ Date: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Solid Waste Management Director James V. Mudd, P.E., Public Utilities Administrator JUN 2 6 2001 Exhibit I Benchmarking Report On Waste Reduction and Recycling (Data from FDEP Annual Report 2000) NO. JUN 2 6 2001 PG. pel,,~e~l pue pel, allO::) spq;K:] 0'80 lo e§e),u,~Jed AGENDA IT£~ NO. JUN 2 E; 2001 PG. ,.~ 0 0 0 0 0 0 I~0 ~ ~ ~I poI::)A::)oH pue pot~OllOO oTseAA p~teA lo o§etuo:)JOd pue palOellOO p.~eoqpJe:) '.uoo pue g 'u!lN jo ®§etue:zmd Exhibit II Prepared for The Collier County Board of County Commissioners Collier County, Florida June, 2001 AGENDA JUN 2 6 2001 PG. EXECUTIVE SUMMARY Collier County's rapid growth and other factors prompted the Collier County Board of County Commissioners (the "Board") to investigate the solid waste issues facing the County. After resolving issues that required immediate action, the Board turned its attention to long-term solutions. The Board hired Malcolm Pirnie, Inc. ("Malcolm Pirnie") to investigate long-term solid waste technologies and management practices that may be applicable for Collier County. Malcolm Pirnie created two Request for Expressions of Interest ("RFEF') documents and a Request for Additional Information ("RFAF') on behalf of the County. The documents were released to the solid waste community via mailouts, advertised in industry magazines, and e-mailed through the listserv system to more than 1500 members of the Solid Waste Association of North America (SWANA). Thirty-one companies submitted responses. Malcolm Pirnie reviewed the information received and selected the proven, operational technologies that Collier County could use to manage its solid waste. Core technologies (those that process the majority of the waste stream) were bundled with complementary ancillary technologies (those that process only part of the waste stream) into five long-term integrated "solid waste management scenarios." These five scenarios were placed into a matrix for evaluation against several socioeconomic criteria provided by Collier County staff'. The five scenarios are as follows: 1. Comprehensive Recycling with Disposal Via Truck Haul to Out-of-County Landfill 2. Comprehensive Recycling with Disposal Via WTE Facility and Ash Latutfill 3. Comprehensive Recycling with Disposal Via Rail Haul to Out-of-County Lamtfill 4. Comprehensive Recycling with Disposal l/~a Composting and Residue Landfill 5. Comprehensive Recycling with Disposal Via RDF WTE Facility and Ash Landfill Collier County Solid Waste Management Technology Integration Report An evaluation matrix was developed to compare the scenarios relative to one another to determine which one would have the least negative effect in the evaluation categories. This matrix used the following six "effect" categories deemed important by the County: · Local Community Effects · General Environmental Effects · Local Economics · Efficiency and Productivity · Local Siting Effects · Risk Collier County Solid Waste Management Technology Integration Report ES-2 JUN 2 [ 2001 June, 2001 Zo JUN 2 G 2001 PG. T EXECUTIVE SUMMARY STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE NO. 91-31, AS AMENDED, ALSO KNOWN AS THE WATERFORD ESTATES 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. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations regarding the above referenced PUD. CONSIDERATIONS: This PUD was originally approved on April 9, 1991. Section 2.7.3.4 of the Collier County Land Development Code requires that the project developer submit an annual report on the progress of development, commencing on the fifth anniversary of the PUD approval by the Board of County Commissioners. The singular purpose of this report is to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUD's approved prior to the effective date of adoption of the Land Development Code, the five year approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.4 are applicable as October 30, 1996. The five (5) year anniversary date for this PUD is October 30, 1996 and on that date thereafter had not commenced construction as defined in Section 2.7.3.4. An extension of two (2) years was granted pursuant to provision of Section 2.7.3.4. This resulted in an effective date-for commencement of substantial development of March 18, 1999. To date no development has taken place and consequently the PUD is once again subject to review pursuant to the provisions of Section 2.7.3.4, which provide as follows: 2.7.3.4.1 Time limits for approved PUD master plans. In the event that a PUD master plan is given approval, and the landowner(s) shall: Fail to obtain approval for improvement plans or a development plan or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master plan or other development orders for at least 15 percent of the gross land area of the PUD site every five years of the date of approval by the Board of County Commissioners; and A~EN~, ITEM JUN 2 6 001 Fail to receive final local development orders for at least 15 percent of the total number of approved dwelling units in the PUD, or in the case of PUD's consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six years of the date of approval by the Board of County Commissioners. The project developer shall submit to the Planning Services Director a status report on the progress of development annually commencing on the fifth anniversary date of the PUD approval by the Board of County Commissioners. The singular purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth above. Should the Planning Services Director determine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification. Should the Planning Services Director determine that the development has not commenced in earnest, then upon review and consideration of the report provided by the owner and any supplemental information that may be provided, the Board of County Commissioners shall elect one of the following: To extend the current PUD approval for a maximum period of two years; at the end of which time, the owner will again submit to the .procedure as defined herein. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the Growth Management Plan. The existing PUD shall remain in effect until subsequent action by the Board of the submitted amendment of the PUD. o If the owner fails to submit an amended PUD within six months of Board action to require such an amended submittal, then the Board may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the future land use element of the Growth Management Plan. In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. 380.06. Synopsis of Approved Land Uses: The Waterford Estates PUD comprises an area of 19.4 acres and is located midway between Davis Boulevard and Rattlesnake-Hammock Road along the Santa Barbara Boulevard extension as proposed by an alignment along the Section line between Sections 16 and 177 Township 50 South, Range 26 East. The PUD may be affected by the proposed a ignn~. ~~'T~. 2 JUN 2 6 : 001 Santa Barbara Boulevard. The PUD was approved for a maximum of 63 dwelling units. Both single -family and duplex dwelling units are allowed. The PUD Master Plan is based on access via the extensions of Whitaker Road. On March 18, 1997, the Board of County Commissioners approved a two (2) year extension to the effective date of the Waterford Estates PUD by which time substantial development should have commenced commensurate with the thresholds established by Section 2.7.3.4. The landowner or any other development entity failed to initiate development within the time frame provided by the two-year extension and this condition remains the same at this point in time. Staff is not supportive of another two (2) year extension and recommends the most prudent course of action would be to require the owner entity to submit a new PUD application within six (6) months. Consistency with the Collier County Land Development Code: The subject PUD is located within the Urban Residential area as iljustrated on the Future land Use Element of the GMP. Based on staff review of the approved land uses, the PUD has been determined to be consistent with the provisions of the FLUE and with the Collier County Growth Management Plan. The PUD is deemed also consistent with the following GMP Elements (FLUE, Traffic Circulation Element, Open Space/Natural Resource Element, Other). Consistency with the Collier County Land Development Code: In view of the fact that staff is recommending that an amended (new) PUD be submitted in six (6) months no purpose is served by circulating the current PUD to other_staff reviewer's because the amended (new) PUD submission is treated in the same manner as an original rezoning petition. At that time the amended PUD will be reviewed by all jurisdictional staff to insure that the PUD is consistent with current LDC requirements. Staff Comments: While this PUD for the mO-st part presents a satisfactory development strategy, nevertheless, it is preferable that the owner be required to submit a new PUD, which can be then reviewed by jurisdictional reviewers to determine what if any modifications ought to be made in light of current LDC requirements. FISCAL IMPACT: The requirement to submit a new PUD within six (6) months will have no fiscal impact to Collier County. An application fee will be required by the resubmittal. 3 A~ENDA ITEM No. JUN 2 6 2001 PLANNING SERVICES STAFF RECOMMENDATION: Based on a comprehensive review of this PUD document, staff recommends that the Board of County Commissioners require the owner to submit a new PUD within six (6) months of the date of this action. PREPARED BY: INTERIM CURRENT PLANNING MANAGER o/ DATE REVIEWED BY: THOMAS E. KUCI~ P.E. INTERIM PLANNING DIRECTOR DATE JOHI~/M. OUNNI)CK, Ill, INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE g/admin/Ex Sum/Waterford Estates PUD/SM/irn 4 AGENOA ITEM NO. ~ ~ JUN 2 6 2OU~ RESOLUTION NO. 01- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPIVlENT CODE AFFECTING ORDINANCE NO. 91- 31 BY REQUIRING RECONSIDERATION OF THE WATERFORD ESTATES PUD WITHIN SIX MONTHS FROM DATE OF THIS RESOLUTION OR AS OTHERWISE PROVIDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Waterford Estates PUD, Ordinance 91-31 adopted on April 9, 1991, is subject to the provisions of Section 2.7.3.4. of the Land Development Code (LDC), Ttree Limits for Approved PUD Zoning Districts together with their respective Master Ham; and WHEREAS, this PUD Ordinance was adopted eonsistem with and under the provisions of the Collier County Growth Management Plan; ~nd WHEREAS, the Board of County Commissioners has reviewed this PUD and has determined to require the owner to submit an ~mended PUD wifltin six (6) months of the approval of this Resolution. NOW THEREFORE, BE .IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: I. The above recitals are adopted herein by reference as if fully set forth hereto. 2. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the owner shall submit an emended PUD Document on or before ,2001. This Resolution shall become effective immediately upon its approval. ' BE IT ,FURTHER RESOLVED that this Resolution be recorded in the minutea of this Bomrd and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK. CLERK BY: JAMES D. CARTER, Ph.D., Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY Marjor~ ~. Student Assistant County Attorney gfOrdinances-Resolutions/Watefford Estates PUD/Otdin~ce No 91-31/SMhm -1- AGENDA ITEM NO. JUN 2 i pg. EXECUTIVE SUMMARY REIMBURSEMENT OF FILING FEES TO CANDIDATES FOR THE PELICAN BAY SERVICES DISTRICT BOARD OF SUPERVISORS OBJECTIVE: Reimbursement of filing fees to candidates for the Pelican Bay Services District Board of Supervisors due to repeal of Ordinance establishing said district. CONSIDERATIONS: Collier County Ordinance No. 00-82 created a new Pelican Bay Services District to replace the Pelican Bay Municipal Service Tax and Benefit Unit which was in place pursuant to Ordinance No. 90-111, as amended. Seven individuals filed to be candidates for the new district. Spreadsheets identifying the fees paid by these individuals are attached. Also attached is correspondence from the Supervisor of Elections Office indicating that, in accordance with applicable laws, $168.00 was paid to the Elections Commission Trust Fund for the Pelican Bay candidates. The remaining amount, $504.00 was transferred to the Board of County Commissioners. The candidates filed in good faith in reliance upon elections being held in accordance with the new Ordinance. Subsequent to those events, the Board of County Commissioners repealed the new Pelican Bay Services District Ordinance (No. 00-82) leaving in place a previous Ordinance (90-11 I, as amended) and thereby continuing the existence of the Pelican Bay Municipal Service Tax and Benefit Unit. Obviously, no elections were held for the new district since its Ordinance was repealed before the elections were held. It is the opinion of the County Attorney, as well as of the County Manager and the County Clerk of Courts, that it is possible for the Board to find a valid public purpose to reimburse the candidates for the fees and assessments which they paid in order to qualify as candidates for the new district. Fundamental fairness would mitigate in favor of the candidates not bearing the burden of fees and assessments to file as candidates when no election was held due to the repeal of the new Ordinance. The County Attorney's office will contact the State Elections Commission Trust Fund to determine if the County can recover any of the fees that were transferred to the State. GROWTH MANAGEMENT: Not applicable. FISCAL IMPACT: The fiscal impact is $672.00 (7 candidates x $96.00 filing fee = $672.00). Funds are available in general fund reserves. AGENDA kTEM NO. t ~ g-Y- JUN 2 6 2001 Pg. ] RECOMMENDATION: That the Board of County Commissioners reimburse filing fees and costs to the seven candidates for the Pelican Bay Services District Board of Supervisor due to repeal of the Ordinance creating said district prior to any elections having been held. Said reimbursements shall be in accordance with the Supervisor of Elections attached spreadsheet showing the amounts paid by the seven candidates. Prepared by: R~ht./~ Chief Assistant County Attorney Date: Reviewed and Approved by: David C. Weige~, County ,t(-t~orney Date: H/Ramiro/Executive SummaryPelican Bay 2 AGENDa. NO. JUN 2 6 2001 III-1E=I~I 11:1~ Frm-~ll[sr ~,unt~ Att~rnsy Ofti~ g41 lq'4 ~Z~S 'T-~g~ P.~4/OOI !"44~ ~.,-I H,-lc;c;:l:pt 1:l:~. c;~ .urnr' Rqt,~-t~'~'-l:t~ : 'nN ×H4 AGENDA ITEM JUN 2 6 2001 Pg'~' -- i :::1."3 T -{4n .c;Nn I I ."3::1-I::I 2001 PELICAN BAY CANDIDATES Collier County, Florida SEAT 1 SEAT 2 SEAT 3 SEAT4 ~EAT 5 SEAT 7 Richard Laughlin 705 Pineside Lane Naples, FL 34108 591-4066 John David Woff 8472 Abbington Circle #2022 Naples, FL 34108 598-3514 Christopher Sutphin 8720 Bay Colony Dr #104 Naples, I-L 34108 506-1351 Maufice James Burke 5801 Glen Cove Drive #508 Naples, FL 34108 608-3140 Kenneth D. MacAIp[ne 5555 Hez'orl Point Drive #302 Naples, FL 34108 594-5477 I.]avid L. Murray 714 Killdeer Place Naples, FL 34108 593-3048 William W. Van[tess 887 Turtle Court Naples., FL 34108 594-5024 Raymond J. O'Connor 811 Willowwood Lane Naples, FL 34108 594-8179 2/12/01 Q2/1 gl01 $06.00 2/12/01 Q2J23/01 $90.00 2/18/01 Q2/22/01 $06.oo 2/21/01 Q2/22/01 $96.00 2/21/01 Q2/22/0t $95.00 2/22/01 withdrawn 2/23/01 2/23101 Q2/23/01 $06.oo 2/15/01 Q2/22/01 $96.00 AGENDA JUN 2 6 2001 Pg. ~ :='", t .3 .Im C:kln ! ! "~:"1= : HnN 4 JENNIFER 'EDWARDS SUPERVISOR OF ELECTIONS Collier Government Complex 3301 Tamiami Trail East, Building B Naples, Flodda 34112-4902 Telephone: 941/774-8450 Fax: 941/774-9468 www. co.collier.fl.us February 21,2001 Division of Elections 1801 The Capital Tallahassee, FL 32399 Enclosed is our remittance in the amount of $1,750.31 made payable to the Elections Commission Trust Fund for our local candidates. A spreadsheet is attached for your information. If you have any questions of if we may be of any additional assitance, please feel free to contact our office. Sincerely, Fae L. Mansfield Asst. Supervisor of Elections Enclosure JUN 2 6 2001 JENNIFER EDWARDS SUPERVISOR OF ELECTIONS Collier Government Complex 3301 Tamiami Trail East, Building B Naples, Flodda 34112-4902 Telephone: 941/774-8450 Fax: 941/774-9468 www. co.collier, fl.us MEMORANDUM TO: FROM: SUI~J'ECT: Finance Jennifer J. ~ Check Request of Elections March 1, 2001 Please issue a check made payable to the Elections Commission Trust Fund in the amount of 91,750.23. This amount should come from account no. 080B/S202921. The remaining 9504.00 in that account can be transferred to the Board of County Commissioners. Attached-is a spreadsheet showing the amounts that should have gone into 080B/S202921 from November, 2000, through February, 2001. If you have any questions, please feel free to give my office a call. /tim Enclosure AGEN~T~ NO. __~::~..~ JUN 2 6 2001 Pi[., ~' EXECUTIVE SUMMARY REQUEST BOARD APPROVAL FOR EXPENDITURES FOR RENOVATIONS TO 2373 HORSESHOE DRIVE AND BUILDING J. OBJECTIVE: To receive Board approval for expenditures for renovations to 2373 Horseshoe Drive and Building J. CONSIDERATIONS; On April 1, 2001 the Board of County Commissioners entered into a lease with Heritage Square Realty for office space located at 2373 Horseshoe Drive. On May 22, 2001, the Board authorized staff'to proceed with negotiations to purchase 2373 Horseshoe Drive. This space is partially occupied by Sheriff's Office members after the move from Building A in October 1999. Modifications for offiCes, carpet, furniture, telephone and data lines, and other general improvements need to be done for complete occupancy of the building ($432,800). Additional members will occupy the building, consolidating the rental of three different locations into this one building (savings of $86,657 in annual rents). Additional improvements are needed in Building "J" to renovate space for Dispatch, Records, Information Technology and Evidence functions ($167,200). FISCAL IMPACT: Immediate funds are available from the Sheriff's operating budget to temporarily fund this project. County staff is currently negotiating to purchase the property at 2373 Horseshoe Drive. It is expected that $432,800 of this request can be incorporated into the acquisition costs of the building to be funded by a commercial paper loan which is expected to close by July 31, 2001,. at which time $432,800 would be returned to the Sheriff's operating budget. Prior to September 30, 2001, $167,200 will be required from General Fund Reserves for the remainder of improvement costs. If commercial loan funds are not available, a total of $600,000 will be required from General Fund Reserves. GROWTH IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize expenditure of $600,000 for improvements to 2373 Horseshoe Drive and Building J, to be reimbursed to the Sheriff's Office from commercial loan proceeds and General Funds Reserves, and approve related budget amendments. AGENDA tTEM JUFt 2 $ 138. REQUESTED BY: APPROVED BY: REVIEWED BY: DATE: Tom C~lii~, County Manager June 26, 2001 MsWord\findockExec Sum - reserves transfer\bh AGENDA ITEM JUN 2 6 ZOU1 REQUEST BY THE FLORIDA DEVELOPMENT FINANCE CORPORATION FOR APPROVAL OF A RESOLUTION AUTHORIZING THE CORPORATION TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO BE USED TO FINANCE A MANUFACTURING FACILITY WITHIN COLLIER COUNTY OF BEHALF OF AIR TECHNOLOGY ENGINE, INCORPORATED OBJECTIVE: To accomplish the necessary approvals to authorize the proposed industrial development revenue bond issue by the Florida Development Finance Corporation to be used to finance a manufacturing facility within Collier County on behalf of Air Technology Engine, Incorporated. CONSIDERATION: The Florida Development Finance Corporation has been asked by Enterprise Florida Incorporated to issue its bonds to finance a 20,000. square foot addition to Air Technology Engine, Incorporated located at 2884 South Horseshoe Drive, Naples, Collier County Florida. Air Technology Engine, Incorporated is a high tech high wage employer in Collier County and this addition will retain 25 jobs and add an additional 20 high wage high technology jobs in Collier County. A Public Hearing was held on June 8, 2001 to solicit comments on this bond issue. The Public Hearing was noticed by publication in the Naples Daily News and any comments of members of the public were considered. These bonds are based on the revenues of the project and are not the obligations of the County. Therefore there is no pledge of any taxes, nor pledge of any revenue except of the borrower, Air Technology Engine, Incorporated. Neither the County, nor any officer °fthe County is liable for their payment. FISCAL IMPACT: This resolution does not require any contribution for the Board of County Commissioners or any other County Agency. The issuance of these bonds will have no impact on any other bonding programs of Collier County.' GROWTH MANAGEMENT IMPACT: Although Collier County does not have an Economic Development Element the passage of this resolution will assist in creating high wage high technology jobs within Collier County. RECOMMENDATION: resolution. PREPARED BY: APPROVED BY: That the Board of County Commissioners accept the attached HG;eu~inM~h~dC{j-Dr~nCtlOmrpr o vement Date Jol~n Dunnuck III, Interim Administrator Bate Cot~nmunity Development & Environmental Services AGENDA ITEM NO. JUN 2 6 2001 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 RESOLUTION 2001- RESOLUTION APPROVING ISSUANCE BY FLORIDA DEVELOPMENT FINANCE CORPORATION OF INDUSTRIAL DEVELOPMENT REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $2,400,000 PURSUANT TO INTERLOCAL AGREEMENT TO FINANCE A MANUFACTURING FACILITY WITHIN COLLEER COUNTY; ON BEHALF OF AIR TECHNOLOGY ENGINE, INC. (OR A SUBSIDIARY THEREOF) FOR A PROJECT OPERATED BY AIR TECHNOLOGY ENGINE, INC, (OR A SUBSIDIARY THEREOF) FOR PURPOSES OF SECTION 147(F) OF INTERNAL REVENUE CODE OF 1986, AS AMENDED. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section L Findings and Recitals. It is hereby found, ascertained, determined, and declared: A. Florida Development Finance Corporation (the "Issuer") was created by the Florida Development Finance Corporation Act, Chapter 288, Part .IX, Florida Statutes (the "Act"), which provides, in part that the Issuer may issue revenue bonds to finance projects in Collier County, (the "County") for the benefit of approved Florida businesses to enhance the economic development of the State of Florida, provided that the Issuer has entered into an interlocal agreement with the local governmental agency in which the project will be located; B. The Issuer and the County have entered into an inter4ocal agreement pursuant to the Act in order to permit the Issuer to issue revenue bonds to finance projects within the County; C. The Issuer intends to issue bonds in an amount not to exceed $2,400,000 to finance a manufacturing project (hereinafter "Project") for the benefit of Air Technology Engine, Inc. (or a subsidiary thereof) in order to construct a 20,000 square foot addition to a facility located at 2884 South Horseshoe Drive, Naples, Collier County, Florida; AGENDA ITEM NO. JUN 2 6 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 D. The Internal Revenue Code of 1986, as amended (the "Code") requires that the Board, as the highest elected body of the County, approve the issuance of the bonds by the Issuer after a public heating has been conducted by the Issuer; E. The Issuer has represented to the County that a public hearing will be duly conducted by the Issuer on June 8, 2001; that notice of such hearing will be given in the form and manner required by the Code; and that interested individuals will be afforded reasonable opportunity to express their'views, both orally and in writing, on all matters pertaining to the proposed project and the proposed issue of bonds; F. The Issuer will file with the County, the minutes of the public heating containing all comments and concerns, expressed orally and in writing, at the public heating held by the Issuer, which will be attached hereto as exhibit A; G. It is desirable and in the best interest of the County that the proposed bonds be approved by the Board. Section 2. Approval of Bonds. For the purposes of Section 147(0 of the Code, and other provisions of law, the Board hereby approves the issuance of the Bonds by the Issuer and the use of the Bond proceeds to finance the Project in the County. Section 3. Repealing Clause. All resolutions, ordinance or portions of each in conflict with this resolution are, to the extent of such conflict, superseded and repealed by the resolution. BE IT FURTHER RESOLVED that, except for those documents expressly incorporated by reference into County codes or ordinances, any document, written or published by any agency under the jurisdiction of the Board of County Commissioners of Collier County, that has previously in any way served the purpose of complementing or augmenting County codes or oridnances relating to 2 AGENDA ITEM No. JUN g 6 2001 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 23 impact fees by promulgating administrative guidelines or procedures for the calculation, assessment, or collection of impact fees, is hereby repealed and rescinded by the adoption of this Resolution. The resolution adopted atter motion, second and majority vote favoring same. · Done and effective the day of 2001. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA Deputy Clerk Approved as to form and legal sufficiency: P~te, Esq. Assistant County Attorney James D. Carter, Ph.D., Chairman A~ENDA ITEM NO._ ~' 6.~001 9:BB~M EMTERPRISE FLORIB~ MO.BB6 P.B×~ FLORIDA DEVELOPMENT FINANCE CORPORATION PROCEEDINGS OF PUBLIC I-IEAR1NG FOR AIR TBCHNOLOGY ENGINES, 1NC. THURSDAY, JUNE 8, 2001 COLLIEK COUNTY DEPT. OF HOUSING &: URBAN IMPROVEMENT 3050 N. HORSESHOE DRIVE, SUITE 145 ~ "This Public Hearing is being held at the offices of the Collier County Dcpt. of Housing & Urban hnprovcment, Naples, Florida on/rune $, 2001 at 4:00 p.m, The.Hearing Officer is C-~g Mihalic, Director of Housing/Collier County. "This Hearing is b¢/ng held for the purpose of meeting the requirements of Section 147(f) of the Internal Revenue Code with respect to the proposed issuance and sale of $ 2,400,000.00 in Industrial Development Revenue Bonds by thc Florida Development F{,~.~nc, c Corporation. "Notice of this heating was published in thc Naples Daily News on May 24, 2001. "All parties in the room have been requested to sign the attendance log. Prior to this Hearing, no written comments was received. 'tAt this t/me proponents of the project who wish to comment are asked to identify themselves. Any p~oponents who would like to speak" "Opponents of the project who wish ~o comment on the project are asked to identify themselves. "Those speaking neither for nor against the project arc asked to identify themselves. AGENDA ITEM NO. ,, 6 2001 Pa. ~6.~001 ~:BB~M EMTERPRISE FLORID~ MO.BB6 P.~×~ ,Greg Mihali~e: "Thank you for attending this Hearing. An Extract oft.he Minutes of the Hearing will be furnished to the Board of County Commissioners of Collier County and the Governor of Florida who may decide to approve the issuance of Florida Development Finance Corporation bonds for the Project, This brings this public hearing to a close. Thank you tot your attendance and thank you for your comments." AGENDA ITEM No. 2001 COLLIER COUNTY GOVERNMENT COM~IUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION ~ Housing and Urban Improvement Department 3050 North Horseshoe Drive, Suite 145 PIJI~LIC H]~G Naples, Florida 34104 ATTENDANCE LOG OWNER/DEVELOPER: DATE: LOCATION: AIR TECHNOLOGY ENGINES, INC. J-JNE $, 2001 COLLIER COLrNTY DEPT. OF HOUSING & URBAN IMPROVEMENT 3050 N, HORSESHOE DR/VE, SUITE 145 NAPLES, FL 34104 NAME AFFILIATION AGENDA ITEM PHONE (941) 403-2330 FAX (941) 403-2331 co. collier, fl.u s/hui '6.2001 9:BBAM EMTERPRISE FLORIDA MO.B36 P.~×5 NepLe~ PolLy NaWa NapLes, FL 34102 NapLes OatLy News ENTERPRZSE FLORZDA, INC. $90 N ORANGE AVE 13TH FLR ORLANDO FL 32a01 REFERENCE: 05~700 5826~91q FLORZPA DEVELOPHENT County of CoLLier Before ~ha undersigned aut~er~'ty~ personaLLy appeared B, Loeb/ ~ho on oath aa¥~ that ~he serves aa.~ee~st~nt ~el~.rete $~creter),of T~e NapL'e$~ 1ky.~eus, a salty ~e~paPe~F~bL~hed.~t',Nep.~c7 ~n CoLLier county/ FLorida: ~ha:t th~ ~ttached copy of advertising ~ pubLIshed ~n eatd ' '. nevapaper on dates Uate~. Afttant further says that the aaidtWpLe~ DaiLy Ne~s ~e · nwaepaper p~bLiahed et NapLes, tn sa~d CoLLier county/ FLeride/ and ~hat the said new,paper has heretofore ~een ~ontinuousL¥ published in ea~d CoLLier Count),/ FL0rtda/ each day eld has been entered aa second claes mail maTTer at the poet off, Ge tn NapLee~ 4n setd CoLL~er Cqunty, FLoetda~ for · period of ~ year next preceding the first publico:ion of the e~.ch~ copy of ~duertlsenent; and efftent ~e says that she has neither pe~d nde Jed any per, oar firm or corporation any ~ .~unt~ rebate~ co~n~aslon or refund for the p~rpose ~rf securing th~a ~iverttaement for pubL~etion ~n the aald neuepaper. PUtaL~SHEP ON: AGENDA ITEM JUN O 2001 REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CEDAR HAMMOCK - UNIT 4", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Cedar Hammock - Unit 4", a subdivision of lands located in Section 3 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Cedar Hammock - Unit 4" 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 "Cedar Hammock - Unit 4" be approved for recording. FISCAL IMPACT: The project cost is $183,150.80 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 68,428.80 - $114,722.00 The Security amount, equal to 110% of the project cost, is $201,465.88 A(3ENDA ITEM NO. JUN 2"6 EXecutive Summary Cedar Hammock - Unit 4 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: $3,896.79 Fees are based on a construction estimate of $183,150.80 and were paid in March and June, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 555.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 342.14 Drainage, Paving, Grading (.42% const, est.)- $ 481.83 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1026.43 Drainage, - $1491.39 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORiCAL/ARCHEOLOGICAL There are no outstanding environmental IMPACT: There are no historical or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Cedar Hammock - Unit 4" for recording with the following stipulations: Approve the amount of $201,465.88 as performance security for the required improvements. AGENDA ITEM NO. JUN 2--6 ; 001 Executive Summary Cedar Hammock - Unit 4 Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: -- . Ho~uidsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Interim Development Services Director Date Date APPROVED BY: Date j rh AGENDA ITEM No. __ JUN 2001 5HEt- I 1 RANGE 26 EAST 29 gOLDEN DAVIS BLVD. 27 I 33 I 34 9 LOCATION ~26 I ~ I 25 o ~SITE ' I~ 2 1 Io I® "l~_ 11 12 Iz~: I MAP NOT TO SCALE AGENDA ITEM No. JUN ~--$ 2001 REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "QUAIL WEST PHASE III, UNIT THREE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Quail West Phase III, Unit Three", a subdivision of lands located in Section 8 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 "Quail West Phase III, Unit Three" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost .---of the required improvements, and 100% of the cost of any remaining 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 "Quail West Phase III, Unit Three"' be approved for recording. FISCAL IMPACT: The project cost is $563,482.95 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $242,202.00 - $321,280.95 The Security amount, equal to 110% of the project cost, is $619,831.25 JUN 6 2001 Executive Summary Quail West Phase III, Unit Three Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $10,935.07 Fees are based on a construction estimate of $563,482.95 and were paid in June, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 565.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MA/~AGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1211.01 Drainage, Paving, Grading (.42% const, est.)- $1349.38 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $3633.03 Drainage, - $4176.65 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 IMPACT= There are no historical or issues HISTORICAL/ARCHEOLOGICAL archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Quail West Phase III, Unit Three" for recording with the following stipulations: Approve the amount of $619,831.25 as performance security for the required improvements. AGENDA ITEM No. JUN g 6 2001 Executive Summary Quail West Phase III, Unit Three Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thoma~ Engineering Review Director / County Engineer Interim Development Services Director Date Date APPROVED BY: Date j rh AGENDA ITEM No. JUN 2 6 2001 ~ulf T LOCATION MAP AGENDA ITEM NO. EXECUTIVE SUMMARY FIN~tL ACCEPTANCE OF W~%TERUTILITY FACILITIES FOR CHARLSTON SQUARE OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Charlston Square, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on March 19, 1998, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of an Irrevocable Standby Letter of Credit No. 98-03, in the amount of $2,375.00, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. 2 2001 Executive Summary Charlston Square Page Two RECOMMENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Charlston Square, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY:, Shirley Nix~ E~_ine~ring Technician Engineering~R~view Services II Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering services Director/Interim Planning Director Date APPROVED BY: cJ~hM~~. Du~n~n~~ InterU~ITY DEVELOPMEN im Administrator AND ENVIRONMENTAL SERVICES attachments Date JUN 2 6 2001 PUD' KREHUNO INO. ZONE A GC IMPERIAL OOLF CONO0 cONO0 PHASE 1 Charleston Square @ Imperia1 Golf JUN ~ ~ 2001 IRREVOCABLE STANDBY LETTER OF CREDIT NO. 98-03 ISSUER: Gulf Coast National Bank, 3838 Tamiarni Trail North, Naples, Florida 34103 (hereinafter" Issuer"). PLACE AND DATE OF ISSUE: 3838 Tamiami Trail North, Naples, Florida 34103, February 4, 1998. PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until February 4, 1999, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of i~e issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the ~eneficiary in writing by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: ITC Partners, Inc., a Florida corporation (hereinafter "Applicant") having its address at 1325 Imperial Golf Course Boulevard, Naples, Florida 34110. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary" Collier County Courthouse Complex, Naples, Florida 33962. AMOUNT: TWO THOUSAND THREE HUNDRED SEVENTY FIVE DOLLARS AND. NO/100THS ($2,375.00 U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENT REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT. DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "ITC PARTNERS, INC., a Florida Corporation, has failed to construct and/or maintain the water improvements shown on the plans for Charleston Square at Imperial West P.U.D., SDP #96-130, or a final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. 97-17, as may be amended, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under "Gulf Coast National Bank", 38,38 Tamiami Trail North, Na Florida 34103, Credit No. 98-03, dated February 4, 1998.' The original letter ofcredii amendments, if any, must be presented for property endorsement. LOCATION: 3838 Tamiami Trail North, Naples. FL 33940 · MAILING ADDRESS: P.O. Box 413040, Naples. FL PHON f.: (941 ) 261-4262. 1-800-648-426Z · FAX: (941 ) 261-0501 ~les, and JUN 2 6 2001 33941-3040 February 4, 1998 Letter of Credit No. 98-03 Page 2 This letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such referenced shall not be deemed to incorporate herein by re~rence any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and h)., compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or later generally applicable) Revision] International Chamber of Commerce Publication No. 500 [or later Publication No.]. GULF COAST NATIONAL BANK BY:~__ PATRICK K. MILLER, Senior Vice President and Senior Lender JUN 2 EXECUTIVE SUMMARY REQUEST BY THE SALVATION ARMY TO ALLOW UNDER A TEMPORARY USE PERMIT THE RETENTION OF A TENT STRUCTURE FOR A PERIOD OF MORE THAN 28 CALENDAR PURSANT TO SECTION 2.6.33.6 OF THE LDC ON PROPERTY REFERRED TO AS 3180 ESTEY AVENUE. OBJECTIVE: In connection with the conduct of its Summer Day Camp the Salvation Army seeks the authorization of the Board of Commissioners to erect a tent structure on their property at 3180 Estey Avenue for a period of seven (7) weeks beginning June 11 and ending July 27, 2001. CONSIDERATIONS: Section 2.6.33.6 authorizes temporary uses for special event functions not to exceed 28 calendar days in any one year. It further provides that temporary use permits may be permitted for up to an additional four weeks when approved by the county board of commissioners who in their approval may impose special conditions should they deem necessary. Representatives of the Salvation Army seek approval under this provision of the Land Development Code to extend the temporary use activity that involves the location of a tent structure containing an area 20 feet by 20 feet for seven (7) weeks spanning the time period from June 11 through July 27, 2001. The tent and the temporary use function serves to support the Salvation Army's Summer Day Camp program by specifically providing an outdoor shade area for the conduct of Summer Day Camp activities. FISCAL IMPACT: The granting of a temporary use permit to include the placement of a tent structure as requested will have no fiscal impact to Collier County. GROWTH MANAGEMENT IMPACT: The granting of a temporary use permit as provided by provisions of the Land Development Code will have no adverse impact to the goals, objectives and policies of the Growth Management Plan. JUN 2 6 2001 PLANNING SERVICES STAFF RECOMMENDATION: Staff advises that it can see no adverse impact that would result from a decision to allow the Salvation Army to operate under a temporary use permit, inclusive of a tent structure, a Summer Day Camp for a period of seven (7) from June 11 to July 27, 2001 on its property at 3180 Estey Avenue and so recommends approval of the County Board of Commissioners. PREPARED BY ~8~ISAN MURRAY, AICP ACTING CURRENT PLANNING MANAGER DATE THOMAS E. KUCK, P.E. ACTING PLANNING SERVICES DIRECTOR DATE JOH~M. DLT~I~UC~ III, INTERIM ADMINISTRATOR COM~I-UNITY DEV. & ENV. SERVICES DIV. DATE Sm/rill JUN 2 6. 2001 JOHN GOWANS GENERAL LT.COLONEL DONALD FAULKNER DIVISIONAL COMMANDER FOUNDED IN 1865 BY WILLIAM BOOTH 3180 ESTEY AVENUE P.O.BOX 8209 PHONE (941) 775-9447 · FAX (941) 775-9732 NAPLES, FLORIDA 34101-8209 RAYMOND COOPER TERRITORIAL COMMANDER MAJORS CLEO & CARMEN DAMON AREA COORDINATORS May 31,200I Attn: Susan Murray Collier County Governmertt Community Development & Environmental Services 2800 North Horseshoe Drive Naples, FL 34104 RE: Extension of Temporary Use Permit Dear Susan, We have obtained a Temporary Use Permit to place a 20ff. X 30ff. white tent on our property from June 8-19, 2001. The purpose ofthis tent is to provide shade during certain outdoor activities for the 45 children who will be attending our S~ Day Camp, The Surmner Day Camp provides an essemial child-care service to low-income famih'es while the children are on stunner break from school. We are requesting an extension of the Temporary Use Permit, because the Summer Day Camp runs from June I 1 ~ to July 27aa, a total of seven weeks. It would be extremely helpful to utilize the tern for the children during this entire period of time. Attached please find a copy of our Temporary Use Permit along with a diagram of where it will be placed on the property. We greatly appreciate your consideration of this request. Please let us know if any additional information is needed at this time. God bless you, Robert Rohland Admini~rator SERVING OTHERS IN COLLIER COUNTY JUN 2 6 2001 COLLIER COUNTY TEMPORARY.USE PERMIT SPECIAL EVENT TU- (/.'t029[ [] *Temporary Sales [] *Temporary Sports, Religious, or Community Event [] * Sign Only [] Temporary Seasonal Sales: I-IChristmas Trees; [] Fireworks; [] Pumpkins Type of Event: Shopping Center: Business Name: Event Address: Propert~D #' Event Dates: Property Owner: This permit is effective from __ ~1 F IOl to.-,~ (*Not to exceed 14 consecutive days) Name: Address: Phone: Applicant: Name: Address: Phone: THIS PERMIT SHALL BE DISPLAYED ON SITE. JUN 2 6 2001 Attach two (2) copies of a site plan which depicts: · property boundaries · external roads · access points · parking (improved & unimproved to be used by vehicles during event) · buildings · proposed sign locations SITE INFORMATION Zoning: Present Use: [] undeveloped ,J~'developed; type of business Parking: [] undeveloped; site plan indicates designated parking areas ~J~developed; site plan indicates a maximum of 10% of the parking area occupied by the special event Banner or Sign: Collier County Land Development Code Section 2.6.33.6.2 allows one temporary sign or banner in conjunction with a temporary use permit (2 signs are allowed for properties with more than 1 street frontage). MAXIMUM SIZE = 32 square feet. WIND SIGNS (includin.q balloons, streamers, rotating devices and unofficial flags] ARE PROHIBITED. Traffic Safety: Authorization from the Collier County Sheriff's office may be required for certain events. [] undeveloped: proposed access points are shown on the site plan ]~'developed; access points existing Health: If food is being prepared and/or sold on the site, or if sanitary facilities and/or sewage disposal is involved, you must contact the Collier County Health Department at 403- 2499 to determine if an inspection is required. Noise: ,~no music or noise proposed [] music/noise is anticipated from Alcoholic Beverages: ,~alcoholic beverages will not be sold or consumed [] a copy of the Florida Beverage Commission permit is attached 2 JUN 2 6. 2001 ~., ,~ Restrooms: ~'existing facilities will be available [] portable facilities are shown on the site plan Security Guard: [] security will be provided J~[~security will not be provided Other Requirements: By acceptance of 'ihis permit, the applicant agrees to defend, hold harmless and indemnify Collier County and its agents from any and all liability which may arise as a result of the issuance of this permit and agrees to conform with applicable provisions of the Collier County Land Development Code. I, ClEO ~"(,I~0 ~.) , prope~ owner or prope~ manager of the subject prope~y, permit ~m~e~ ~ ~ to use the prope~y as described herein during the time period i~dicate~ I understand that Collier County Land Development Code Section 2.6.33.6.2 permits a total of 28 days per calendar year (up to 14 consecutive days) for special ~nts on this propedy. ~~ O~/~';n;ger Date ~[ t~ ~ · t Approval: This permit does not constitute approvals which may also be necessary under other local, state and federal regulations, including, but not limited to right-of-way permit, building permit, FAA, FCC, fire district, & DEP. This TU permit is issued pursuant to information provided by the applicant. (Note: Any mechanical rides are subject to approval fro~...~d~~ty Commissioners) TU permit~.ee: $~1125.00~..--~ Checks pay"a~te-t~Board of County Commissioners COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive Naples, FL 34104 941-403-2400 3 JUN 2 6, 2001 JUN 2 6 2001 MSP-2 19' 03' 20" E remove exlsI AREA 'o ~o'-5" Il° I Pti.3 I I 1 - I l- pole h~ bi ..... [" ' [ .~. 'e- Phase 3 JNDS -and ~AGE 00' .I I future- Phase 3 I COMMUNITY SERVICE CENTER 12.6oo GSF I CHAPEL ARTS 8, CRAFTS · ADULT SERVICES CHILD, SERVICES RECREATION AREA TOT LOT MULTI-PURPOSE ROOM COURTS [ ll.250 SF I ~ ' [ assumed Toc~h"~'~ o'T- I mnk.'remove o. [ ~ fdl and compact Io grade. ',~I .I ' (remove west wing when fufure bld'g. Il conitructed) Ph.3 future- 3 SERVICE CENTER Ph. 2 320'-0" re~amm(~ wall I I, I Ph.2 I I I' I 631,41' S 89' 04'.00" Nole A/ construchon parking and matero "staroge''' ~':':,.: :. :; loading Ph.2 I SITd · :'THE EXECUTIVE SUMMARY REQUEST THE BOARD OF COUNTY COMMISSIONERS SET A PUBLIC HEARING DATE FOR FEBRUARY 12, 2002 FOR CONSIDERATION OF A DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER FOR PETITON DRI-2000-01, HERITAGE BAY LOCATED IN SECTIONS 13, 14, 23, AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA. OBJECTIVE: To set a public hearing date for the Board of County Commissioners (BCC) to consider Petition DRI-2000-01 being an application for a Development of Regional Impact (DRI) for a project titled Heritage Bay. CONSIDERATIONS: Collier County has received notification by the Southwest Florida Regional Planning Council staff that the Heritage Bay Application for Development Approval contains sufficient information for review and evaluation and as such requests Collier County schedule a public hearing as required by Chapter 380.06 (1), Florida Statutes. Compliance with said Florida Statute, requires that the appropriate local government shall give notice and hold a public hearing on the application in the same manner as for a rezoning as provided under the appropriate special or local law or ordinance. The notice shall be published at least 60 days in advance of the hearing and shall specify where the information and reports on the development of regional impact application may be reviewed. The communication from SWFRPC reminds us that since the DRI is not entirely consistent at this time with the Collier County Growth Management Plan, the date for this public hearing should be set after the County fulfills its commitments contained within the Final Order issued by the Governor and Cabinet on June 22, 1999. In view of this requirement staff suggests the date for this public hearing be set for February 12, 2002. FISCAL IMPACT: There is no fiscal impact generated by this Executive Summary. GROWTH MANAGEMENT IMPACT: There are no growth management issues associated with this petition. A~ENDA ITEM No. JUN 2 6 ZOO1 ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: There are no historical/archaeological issues associated with this petition. EAC RECOMMENDATION: The Environmental Advisory Council (EAC) did not review this petition because the EAC does not normally hear a notice to set a public hearing date. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) did not review this petition because the CCPC does not normally hear a notice to set a public heating date. PLANNING SERVICES STAFF RECOMMENDATION: That the Board set a public heating date for February 12, 2002 for consideration of a proposed Development of Regional Impact (DRI) Development Order for petition DRI-2000-01 Heritage Bay. AGENDA ITEM NO. JUN 2-6 2001 PREPARED BY: REVIEWED BY: S~SAN MURRAY, AICP, ACTING MANGER THOMAS E. KUCK, P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT DATE DATE · DUNNUCK, III, INTERIM ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. RVB/rb DATE AGENDA ITEM No. ,. JUN 2 6 2001 Southwest Florida Regional Planning Council 4980 Bayline Drive, 4th Floor, N. Ft. Myers, FL 33917-3909 (941) 656-7720 P.O. Box 3455, N. Ft. Myers, FL 33918-3455 SUNCOM 749-7720 FAX 941-656-7724 June 1,2001 The Honorable James D. Carter, Ph.D. Collier County 3301 East Tamiami Trail Naples, FL 34112 RE: "Heritage Bay" Application for Development Approval, DRI # 11-2001-154 Dear Chairman Carter: This letter is to provide written notice that the Heritage Bay Application For Development Approval contains sufficient information for review and evaluation by the Southwest Florida Regional Planning Council's staff. The purpose of this letter is to request that Collier County schedule a DRI public hearing for the Heritage DRI. However, because the DRI is not entirely consistent at this time with the Collier County Growth Management Plan, the date for this public hearing should be set after the County fulfills its commitments contained within the Final Order issued by the Governor and Cabinet on June 22, 1999. Compliance with Chapter 380.06(1), Florida Statutes, requires that the appropriate local government shall give notice and hold a public hearing on the application in the same manner as for a rezoning as provided under the appropriate special or local law or ordinance, except that such hearing proceedings shall be recorded by tape or a certified court reporter and made available for transcription at the expense of any interested party. The Statute also requires: (a) The notice of public hearing shall state that the proposed development is undergoing a development of regional impact review. (b) The notice shall be published at least 60 days in advance of the hearing and shall specify where the information and reports on the development of regional impact application may be reviewed. (c) The notice shall be given to the state land planning agency, to the applicable regional planning agency, to any state or regional permitting agency participating in a conceptual agency review process under subsection (9), and to such other persons as may have been designated by the state land planning agency as entitled to receive such notices. Printed on Recycled Paper AGENDA ITEM NO. JUN 2. 6 ZOO1 TO: Chairman Carter PAGE: 2 DATE: June 1,2001 RE: Heritage Bay ADA (d) A public hearing shall be set by the appropriate local government at the next scheduled meeting. Receipt of notice by the Southwest Florida Regional Planning Council officially initiates the statutory review period of fifty days. In order to comply with rules of the Southwest Florida Regional Planning Council relating to DP-ds, Chapter 29I-4, Florida Administrative Code, please coordinate with the Southwest Florida Regional Planning Council's staff regarding when to send the letter from the County that states the public hearing date has been set. Sincerely, sou Exec ~WEST FLORIDA REGIONAL PLANNING COUNCIL WED/DLT/js CC: Ms. Lynn Griffin, FDEP, Tallahassee, Florida Mr. John Czerepak, FDOT, Bartow, Florida Mr. Jim Beever, Florida Fish & Wildlife Conservation Commission, Punta Gorda, Florida Mr. Skip Bergmann, US Army Corps of Engineers, Fort Myers, Florida Mr. James Golden, SFWMD, West Palm Beach, Florida Ms. Karen Johnson, SFWMD, Fort Myers, Florida Mr. Ron Nino, Collier County Planning Services, Naples, Florida Mr. Ron Blackburn, FDEP, Fort Myers, Florida Ms. Kim Dryden, U.S. Fish and Wildlife Services, Naples, Florida Mr. Bernard Piawah, FDCA, Tallahassee, Florida Ms. Laura Kammerer, Division of Historical Resources, Tallahassee, Florida Mr. Lawrence Massey, FDOT, Fort Myers, Florida Mr. Alan Reynolds, WilsonMiller, Inc., Naples? Florida Mr. James curry, US Home Corporation, Fort Myers, Florida AGENDA ITEM NO. - JUN 2.6 2001 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that Collier County has received an Application for Development Approval for a Development of Regional Impact (DRI) pursuant to Section 380.06 (1), Florida Statutes, from US Home Corporation for a project titled Heritage Bay. Approval of this application will result in the following development proposal: Heritage Bay is a planned mixed-use community located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County, Florida. The planned community site is approximately 2,562 acres and will include a maximum of 3,450 residential dwelling units with a wide range of housing styles including single-family detached, and various forms of multi-family structures. Heritage Bay will include up to 54 holes of golf, an extensive wetland conservation area, and pedestrian walkways and nature trails. Three community Club/Town Centers will encompass 20 acres and contain up to 40,000 square feet of building area. The Activity Center site located at the Immokalee/CR951 intersection will accommodate up to 50,000 square feet of office uses and 150,000 square feet of retail uses. The Heritage Bay DRI occupies the area of land made up of four contiguous sections of land in the Northeast quadrant of Immokalee Road and CR951/Collier Boulevard. Information and reports on the Development of Regional Impact may be reviewed in the offices of the Collier County Community Development and Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. AGENDA ITEM No. ,,, JUN 6 2001 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CLASSICS PLANTATION ESTATES, PHASE 1", 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 "Classics Plantation Estates, Phase 1", a subdivision of lands located in Section 27 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 "Classics Plantation Estates, Phase 1". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat "Classics Plantation Estates, Phase 1" be approved for recording. of FISCAL IMPACT: The project cost is $848,755.50 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $211,998.00 - $636,757.50 The Security amount, equal to 110% of the project cost, is $933,631.05 AGENDA ITEM -- NO.__ JUN 6 001 Executive Summary Classics Plantation Estates, Phase 1 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: $15,757.03 Fees are based on a construction estimate of $848,755.50 and were paid in June, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 565.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MAI~AGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1059.98 Drainage, Paving, Grading (.42% const, est.)- $2674.38 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $3179.92 Drainage, - $8277.75 The Concurrency Wai~er and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical There are no outstanding environmental or archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Classics Plantation Estates, Phase 1" for recording with the following stipulations: Approve the amount of $933,631.05 as performance security for the required improvements. AGENDA ITEM -- NO._ JUN 8 $ 001 _ Pg._ '~Executive Summary Classics Plantation Estates, Phase 1 Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houl-a~worfh, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Director Interim Planning Services Director Date / APPROVED BY: D~te j rh AGENDA I,T F.,.M JUN g 6 2001 pg., 3 LrL~ L~r$ I,~I'TL£ LFLY LM[:~ LrL¥ PROJECT VICINITY MAP N.T.S. AGENDA ITEM No. ,. /~ JUN ~ 6 2001 EXECUTIVE sUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "REGENT LAKE,,, 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 "Regent Lake", a subdivision of lands located in Section 6 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 "Regent Lake" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining ,_.improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Regent Lake" be approved for recording. FISCAL IMPACT: The project cost is $655,655.75 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $362,250.00 - $293,405.75 The Security amount, equal to 110% of the project cost, plus $304,778.67 as the Excavation security is $1.026,000.00 Lake ^GENDA,IT.E~ JUN 6 ZOO1 Executive Summary Regent Lake 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: $12,856.57 Fees are based on a construction estimate of $655,655.75 and were paid in December, 1999, and May, 2001. The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac)- $ 565.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MA/qAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1811.25 Drainage, Paving, Grading (.42% const, est.)- $1232.30 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $5433.75 Drainage, - $3814.27 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 IMPACT: There are no historical or issues HISTORICAL/ARCHEOLOGICAL archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Regent Lake" for recording with the following stipulations: Approve the amount of $1,026,000.00 as performance security for the required improvements. JUN Z'6 2001 Executive Summary Regent Lake Page 3 Approve the Agreement, and standard form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: J~ohn-R. H~u'ldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Director / County Engineer Interim Planning Services Director Date ?~e~/ APPROVED BY: n M: ~Dunnuck 151~ Interim Administrator Community Development & Environmental Services Date j rh AGENDA iTEM ,JUN 2 6 2001 pg. ,~ · --j[ ] DAVIS DAVIS BOULEVARD LOCAl'iON MAP NOT TO SCALE AGENDA ITEI~ .o. JUN 2 6 2001 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA GOLF COURSE PHASE ONE" OBJECTIVE: To approve for recording the final plat of "Mediterra Golf Course Phase One", a subdivision of lands located in Section 11, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Mediterra Golf Course Phase One" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. This would be in conformance with Florida State Statute No. 177.101(2) ,~-~Engineering Review Section recommends that the final 'Mediterra Golf Course Phase One" be approved for recording. plat of FISCAL IMPACT: The fiscal impact to the County is as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $600.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. JUN 6 ; 001 Executive Summary Mediterra Golf Course Phase One Page 2 RECOMMENDATION-. That the Board of County Commissioners approve the Final Plat of "Mediterra Golf Course Phase One" with the following stipulations: Authorize the recording of the Final Plat of "Mediterra Golf Course Phase One." PREPARED BY: John R. H6Uld~worth, Senior Engineer Engineering Review Date REVIEWED BY: ~--- ~ Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Interim Development Ser~zices Director APPROVED BY: Date Date A~ENDA ITEM JUN g 6 2001 E PUBLIC LOCA 7'ION MA P )PERTY RENCED ON THiS XES DUE HAVE BEEN PAID. AGENDA ITEl/I/ "t- /U,. , JUN g 6 2001 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA GOLF COURSE PHASE TWO" OBJECTIVE: To approve for recording the final plat of "Mediterra Golf Course Phase Two", a subdivision of lands located in Section 11, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Mediterra Golf Course Phase Two" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. This would be in conformance with Florida State Statute No. 177.101(2) ,,~,Engineering Review Section recommends that the final ( "Mediterra Golf Course Phase Two" be approved for recording. plat of FISCAL IMPACT: The fiscal impact to the County is as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $600.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. JUN 2 6 2001 Executive Summary Mediterra Golf Course Phase Two Page 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mediterra Golf Course Phase Two" with the following stipulations: Authorize the recording of the Final Plat of "Mediterra Golf Course Phase Two." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Interim Development Services Director JohN M. Du~'nuck III, Interim Administrator Community Dev. and Environmental Svcs. Date Date AGENDA ITEM,., NO .... JUN g 6 2001 · 2' PUBLIC PROJECT LOCATION LOCATION MA P PER'FY ?ENCED ON THiS ~ES DUE HAVE BEEN PAID. , pg. t. ~ _ ..... : EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA GOLF COURSE PHASE THREE" OBJECTIVE: TO approve for recording the final plat of "Mediterra Golf Course Phase Three", a subdivision of lands located in Section 11, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Mediterra Golf Course Phase Three" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. This would be in conformance with Florida State Statute No. 177.101(2) Engineering Review Section recommends that the final plat '~Mediterra Golf Course Phase Three" be approved for recording. of FISCAL IMPACT: The fiscal impact to the County is as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $600.00 Plat Review Fees GROWTH MANAGEMENT I~PACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. JUN 6 2.001 Executive Summary Mediterra Golf Course Phase Three Page 2 RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Mediterra Golf Course Phase Three" with the following stipulations: Authorize the recording of the Final Plat of "Mediterra Golf Course Phase Three." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Interim Development Services Director APPROVED BY: John M CommunM~tIy Dev. and ~.nvI~tr~nrim~ntAad~i~cSts.rat°r Date AGENDA ITEM JUN 2 6 2001 - PUBLIC PRO, J~CT LOCAT~N --- I LOCATION MA P ~ERTY 'ENCED ON THIS ~,ES DUE HAVE BEEN PAID. AGENDA ITEI~I .... /u/n JUN EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "SHERWOOD PARK TWO" OBJECTIVE= To approve for recording the final plat of Sherwood Park Two, a subdivision of lands located in Section 34, Township 49 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Sherwood Park Two" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that "Sherwood Park Two" be approved for recording. the final plat of FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues AG END,~ITEk~t JUN 6 '001 Pg. / Executive Summary Sherwood Park Two Page 2 ~ISTORICAL / ARCHEOLO~ICAL ISSUES: archeological issues EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval There are no historical / PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Sherwood Park Two" with the following stipulations: 1. Authorize the recording of the Final Plat of "Sherwood Park Two." PREPARED BY: John R. Ho~ldsworth, Senior Engineer Engineering Review REVIEWED BY: ' Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Interim Development Services Director Date Date APPROVED BY: JOHN~. Db~NUCK III, Interim Administrator CommUnity Dev. and Environmental Svcs. Date AGENDA ITEM// .,~ JUN 6 2001 LAKE GREEN · HERON AKES RADIO ROAD (C.R. 856 m TWELVE ,,, LAKES OD ES OD LOCATION CALl INDU MAP N.T.S. f JUN 2 6 2001 , Pg- \ ~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL 112", 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 "Mediterra Parcel 112", a subdivision of lands located in Section, 11 Township 48 South, Range 25 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 "Mediterra Parcel 112". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement cfor 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 "Mediterra Parcel 112" be approved for recording. final-plat of FISCAL IMPACT: The project cost is $295,692.45 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $120,866.50 - $174,825.95 The Security amount, equal to 110% of the project cost, is $325,261.70 JUN 6 200'1 Executive Summary Mediterra Parcel 112 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: $6,014.36 Fees are based on a construction estimate of $295,825.95 and were paid in April, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 591.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 602.58 Drainage, Paving, Grading (.42% const, est.)- $ 735.74 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $1807.75 Drainage, - $2277.29 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no outstanding environmental 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 "Mediterra Parcel 112" for recording with the following stipulations: Approve the amount of $325,261.70 as performance security for the required improvements. AGENDA ITEM JUN 6 ?.001 ~xec~tive Summary Mediterra Parcel 112 Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: R. Houldswbrth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Date Da~e APPROVED BY: John M.A Dunnuck III~ Interim Administrator Community Development & Environmental Services Date j rh AGENDA ITEM No. JUN 2 6 2001 3 EXECUTIVE SUMMARY APPROVE THE STATUTORY EXCHANGE OF PUBLIC PROPERTY FOR PRIVATE PROPERTY ENABLING THE COUNTY TO CONSTRUCT A PARKING FACILITY TO ACCOMMODATE THE COUNTY'S PARKING NEEDS FOR ITS HORSESHOE DRIVE FACILITIES. OBJECTIVE: To construct a County employee parking facility to support the new Community Development and Environmental Services building, and to provide at-grade parking for the Transportation Division on Horseshoe Drive. CONSIDERATION: The current Community Development and Environmental Services facility located on North Horseshoe Drive is shown as "Parcel A" on the attached sketch. The rental space presently occupied by the Transportation Division on South Horseshoe Drive is shown as "Parcel B." The 1.65 acres shown as "Parcel C" (Lot 9, East Naples Industrial Park) was purchased by the County for construction of a parking facility. Before the facility can be constructed, prior approval by the Collier Park of Commerce Property Owner's Association (Association) is required. Approval was not forthcoming under this scenario because the Association's President felt that with the facility's parking garage fronting on South Horseshoe Drive there would be a negative impact to the development's overall utility and property values. The Association President (doing business as CPOC Development Company, L.L.C.) also owns the property designated as "Parcel D" (Lot 10, East Naples Industrial Park - immediately west of "Parcel C") and he is Willing to exchange the North-half of "Parcel D" for the South-half of "Parcel C," along with a twenty-four foot (24') wide easement along the westerly boundary of"Parcel D" for ingress and egress to the parking facility from South Horseshoe Drive. This exchange will result in the County owning a piece of property of the same size which will provide the County with the ability to immediately construct the required parking and garage. In addition, during construction of the County's facilities, CPOC has agreed to provide temporary parking and_ staging areas. The temporary storage will allow the County to build the parking facility and the expanded facility simultaneously thus saving the County approximately 4-5 months of construction time. By doing so, it will save the County from having to continue to lease space for the Utility and Franchise Regulation Department and Housing and Urban Improvement Department. In considering the proposed Resolution approving and authorizing the property exchange, the Board of County Commissioners must determine that a portion of"Parcel C" (which it currently owns) is no longer necessary for County purposes and that it is in the best interest of the County that this property be exchanged for a portion of "Parcel D." Staff is of the opinion that it is indeed in the best interest of the County to exchange these properties in order to ensure site plan approval from the Association, and to expedite construction of the requested parking facilities. NO. JUN g 6 2001 Pursuant to Florida Statute Section 125.37, this proposed exchange of public and private property has been properly advertised two (2) times in The Naples Daily News. A copy of the Legal Notice and Affidavit of Publication are on file in the Real Property Management Department. FISCAL IMPACT: All recording and advertising costs shall be paid from the Community Development Services Fund (Fund No. 113). GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners: approve the attached Lot Line Adjustment Affidavit pertaining to Collier County and CPOC Development Company, L.L.C., and authorize the Chairman to execute the Affidavit; adopt the attached Resolution, required pursuant to §125.37, Florida Statutes, which will provide for the exchange of property, and authorize the Chairman execute the Resolution; o direct staff to proceed to finalize the exchange of property in accordance with the Affidavit and Resolution and follow all appropriate real estate/closing procedures, including authorizing the Chairman's signature on all required conveyances or other documents necessary to conclude the exchange; and accept for recording in the Public Records all properly executed conveyance instruments wherein the County is named as Grantee, once approved by the County Attorney's Office. SUBMITTED ~P~al Iii°PertY/fi~an ageme~ _Department REVIEWED BY: ~5.~~'Tftlfi,& Date: Charles'~E. Carrington, Jla., SR~A, Director Real Property Management Department BY:~ Date: To~'i A. MottTR~al~roperty Supervisor REVIEWED BY: APPROVED BY: Tom E. Kuck, Interim-Director P~ning.~ices Dep~q~ment Date: Date: John(~M. Dunnuck, III, Interim-Administrator" TM Comhaunity Development and Environmental Services AGENDA I~T~M . "°' JUN 2 6 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 65 66 RESOLUTION NO. 2001- RESOLUTION OF ~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING ITS CHAIRMAN TO EXECUTE A LOT LINE ADJUSTMENT AFFIDAVIT PERTAINING TO Tile COUNTY AND CPOC DEVELOPMENT COMPANY, L.L.C., AND APPROVING TltE STATUTORY EXCHANGE OF PROPERTY ENABLING THE COUNTY TO CONSTRUCT A PARKING FACILITY FOR TI~E PROPOSED COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES BUILDING. WHEREAS, the Staff of Collier County and representatives of CPOC Development Company, L.L.C. (CPOC), have prepared an agreed upon, written Lot Line Adjustment Affidavit (Affidavit) pertaining to the exchange of County owned - and privately owned - properties to enable the County to construct a parking facility to accommodate parking needs for the proposed Community Development and Environmental Services Building; and WHEREAS, m accordance with Section 125.37, Florida Statutes, this proposed exchange of public and private properties has been properly advertised two (2) times in the Naples Daily' News, a newspaper of general circulation in Collier County; and WHEREAS, the Board of County Commissioners of Collier County (County), based on the facts and recommendations from Staff, now finds that the County's fee interest in a portion of Lot 9, East Naples Industrial Park, is intended therein to be conveyed by the County, and is no longer needed or required by the County for a County purpose, and that the conveyance of same to CPOC would be in the best interest of the County, provided the County receives fi.om CPOC fee title to a portion of Lot 10, East Naples Industrial Park, and any easements necessary to ensure legal ingress and egress, as similarly described in the Affidavit, which shall be used by the County to conslruct a parking facility; and WltEREAS, by this Resolution the Board of County Commissioners desires to authorize its Chairman to execute the Lot Line Adjustment Affidavit, attached hereto, and take such other action needed to complete the subject property exchange. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: restated; The foregoing WHEREAS Clauses are adopted and incorporated herein as if fully 2. The Board of County Commissioners of Collier County, Florida, hereby directs and authorizes its Chairman, on behalf of this Board, to execute the Lot Line Adjustment Affidavit, attached hereto, hereby approves the exchange of property described therein and any acts needed to convey and accept the public and private properties, respectively, so as to enable the construction of a propa~ed parking facility; and 3. This Resolution shall take effect mediately upon adoption. ADOPTED this __ day of favoring adoption. ATTEST: DWIGHT E. BROCK, Clerk ,2001 after motion, second and majority vote BOARD OF COUNTY COMMISSIONERS OF COLLIER COLIN'IT, FLORIDA By:. By:. Deputy Clerk JAMES D. CARTER, Ph.D., Chairman Approved as to form and le~ : ey Pawick G. White Assistant County Attorney JUN262001 [ Thi~ ink, ruiners! prepared by -~nd II~ef ~,u,~ding return to: LcD J, E;alvaton, QtJatlee & Brady. I 4501 Tamiemi Troll No~th R.it. 300 N~131~3, Flod{$a 34103 ~MENT AFI::~DAVIT NOW COMES, Tt~r~ma-~ C. Luncl. Precldent o! TCL RFALTY, INC., an Illinois corporation, aR Manager of CPOC Development Company, L.L.C., e Delaware limited liability company ["CPOC"~; and James D. Carter, PhD, a~ Chairman of the {i~oard ut County ~ommi,s,';1oners for Collier County, Florida {"County"l, who being duly sworn, depose and say that: I. CPOC Development ~_nmpanv, L.L.C., a Delaware limited liabi[ity companv, 15 the owner and holder of ~ee simple title to tt~e oremlses described in Exhibit A ot~ached hereto, which property I~ hereafter referral to ns 'Lot 10". ; ;2. Wherea~. Collier County, a political subclivi~h)n of the 5tats of Florida, is the owner of the premises described on Exh,bit B attached hereto, which property is hereafter referred to se "Lot 9." 3, CPOC ~nd County desire to adjust the common tot linc between Sold Lot So that portion of Lot g described on Exhibit A-1 becomes annexed tO and parL of Lot 10: and that portion of Lot 10 described on Exhibit B-1 bec=rises annexed to, and part of Lot 9. 3. Th~ foregoing lot hnc adjustment cu[~sti~ote-~ an ingubstant~al boundary cha~,je between the adjacent inerce[s within the meaning Df ~c. tion 3.2.4.15.1 of the Co~ller Cuu~'~ty Development ¢.~de {LDCt. 4 Thc lot hne adjustment m,et~ the standard-", of, and confuT,,,~ to, ~he requirements in accordance with Section 3.2_4.8.2 I DC, in that both CPOC and the ~,,unty consent Lu the Iht tine adju=tmen:, 5. The existinU prope~;~ ere ~o~ a~ exic:in~ nonconfor~,l;,~ lot within the mcanln~ of Beet[On 3.2.4.8.3. LDC, ~mJ the resulting lots wilt conform [o the standard2 o1 the LDC. FLIt H~.rmor~thC lot linc adjustment will tlot effort the development rights or permitt-H density Ul inten~i~ of u~c o, tna affected lots by i.nviding the oDDo~uQi~Y for the creation of new lots ~. resale or ~¢veloomcn~ within the me~t;~g of LDC. JUN 2 6 Z001 Pg' 4 This Affidavit i= bein~l given pursuant to 5cctlon 3.2,4.8 of the LDC, and c. onstitutea a writter~ request vwthin the meaning of that section. ThL= Affidavit has burn reviewed and approved by John M Dunnuck,-lil, interim Cnmmumty Devclopment and Environmental $crvices Admlnistrata~ of Collier County, Florida on this ~ day ot __ , ~O01. Witneaa #1 [Pt&at narlle below] CPOC Development Company, L.L.C., a Delaware limilnd liability company (Corl~orate Sea[) Dy: TL;L REALTY, INC., an lilinui~ corporation, aG Manager ThomaR C. Lurid, a3 Pre.~ident COLLIER COUNTY, a Dolitic31 :Ubdlvi$ion of the ~tate of Flor;da By: James D. Ca. tar. PhD, Chairmen Dwight E_ Brock, C.l*rk of Courts Approved as to lugal suff[ciency:~ Arrest: as Deputy Ctcrk Assist~ County ^~orney -2- AGENDA JUN 2 6 :001/ J STATE. OF FLORIDA Ct~tJNTY Ot: COLL[EE TI~ foregoing i~$trument was sworn to and 3cknowied§ed befure me this - day of 2OO1, by Thomas C Lurid, as Pre$ldcn~ of TCL REALTY, INC., an lit,nme corl3o~atlon, a~ Manager of CPOC Development C~mpan¥, L.LC., a Delaware I~mited liability ~-omDan¥, who is per~anal[y known to me .......... My ~ommi~slon Expir~-~' -R- AGENDA ITE/M~ "°' JUN 2 6 Z001 Exhibit A Lot 10, East Naples Industrial Park, recorded in Plat Book 10, in Pages 1 14 and 1 15, of the Public Records of Collier County, Florida. AGENDA ITE~ NO. JUN 2 $ 2001 00'08'18' W 180.00 ° JUN ~ 6 ,?.001 Exhibit B Lot 9, East Naples Industrial Park, recorded in Plat Book 10, in Pages 1 14 and 1 15, of the Public Records of Collier County, Florida. AGENDA ITEM NO. ~,,.] JUN g~)6 2001 5-2001 z-t r--z 200~2416 ~(X);~416 ~DLX N 0013e'24' W N [~.lh.' w Wr_. 180.00 I!~u) N 00'08'18" W 180.00 '(P) AGENDA ITEI~, /' .o-,, JUN 2 6 2001 "PARCEL NEW PARKING GARAGE LOCATT. ON "PARCEL B" 5outh Horseshoe Drive Property Exchange I "PARCEL C" . PARCEL b" 24' WIDE INGRESS & EGRESS EASEMENT NO. z JUN 2 6 2001 /I Z EXECUTIVE SUMMARY APPROVE AN INTERGOVERNMENTAL AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION TO PROVIDE GREATER CUSTOMER SERVICE RELATING TO ENVIRONMENTAL PERMITTING. OBJECTIVE: To improve customer service with respect to the environmental permitting of single-family homes in Collier County. CONSIDERATION: The Board of County Commissioners previously authorized an agreement with the Department of Environmental Protection (DEP) for fiscal year 2000-2001, and as a result a DEP coordinator has been recently hired and is housed within the Building Review & Permitting Department. This person reviews site plans and regularly visits single-family lots throughout the community. This agreement ensures that a more accurate and more efficient environmental review is conducted. The attached agreement has been modified slightly so that the agreement would remain in effect indefinitely or until such time that the Board does feel it is necessary. The Board would review this agreement indirectly each year through the budget process. GROWTH MANAGEMENT: Plan as a result of this agreement. There is no direct impact to the Comprehensive FISCAL IMPACT: The shared cost of the program is $45,000 to Collier County and is tentatively budgeted for fiscal year 2001-20002. Fees from this program are paid for by developer permit fees. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign this agreement with the Depa~rtment of Environmental Protection. PREPARED BY:. 2~~/~ DATE: ZtY/'( ohn Dunnuck, Interim Community Development Environmental Services Administrator JUN g 6 2001 This Agreement prepared by: Patrick G. White Assistant County Attorney 3301 East Tamiami Trail Harmon Turner Building Naples, Florida 34112 This Space for Recording Purposes AMENDED INTERGOVERNMENTAL AGREEMENT FOR ENHANCED ENVIRONMENTAL RESOURCES PERMITTING BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT OFFICE This Intergovernmental Agreement (Agreement) is entered into by and between Collier County, Florida, a political subdivision of the State of Florida, through the Collier County Board of County Commissioners (County) and the State of Florida Department of Environmental Protection, South District Office, (Department) for the purpose of providing an increased level of environmental resource permitting service to the citizens of unincorporated Collier County. This agreement amends and supersedes the agreement titled "Intergovernmental Agreement for Enhanced Environmental Resources Permitting Between Collier County and The State of Florida Department of Environmental Protection, South District Office," executed on November 6, 2000. RECITALS WHEREAS, under the Environmental Resource Permit (ERP) program authorized under part IV of chapter 373 of the Florida Statutes, the Department requires permits for the construction, alteration, removal, or abandonment of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works in uplands and wetlands or other surface waters; and WHEREAS, the Department, as staff to the Board of Trustees of the Internal Improvement Trust Fund, processes applications for authorizations to use sovereign submerged lands; and WHEREAS, the Department implements mangrove trimming permit requirements under sections 403.9321-.9333 of the Florida statutes; and WHEREAS, due to the rapid growth in southwest Florida and the limitation of staff resources, the Department is experiencing difficulty in meeting the demand for services related to the ERP, sovereign submerged lands, and mangrove trimming programs in Collier County; and WHEREAS, representatives of the County and the Department have met to discuss this issue; and AOENDA ITEM "°' JUN 2 6 2001 WHEREAS, this discussion resulted in a proposal to enter into an arrangement whereby the County will fund through a grant an additional Department ERP staff person dedicated to processing applications and performing other tasks associated with administering the ERP, sovereign submerged lands, and mangrove trimming programs within unincorporated Collier County; and WHEREAS, the County strives to provide the best service possible to its customers by establishing a one-stop shop delivery system for development services; and WHEREAS, .the services to be performed under this Agreement will provide a real and substantial benefit for the citizens of the County, and further a valid County purpose. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants stated herein, the County and the Department formally agree as follows: 1. The County will provide funding through a grant to the Department for the purpose of employing an additional Other Personnel Services (OPS) employee for the exclusive purpose of processing or assisting in the processing of ERP and mangrove trimming permit and sovereign submerged lands approval applications for activities within Collier County. The person filling this position will be located in the County Community Development and Environmental Services Division offices on North Horseshoe Drive, Naples, and will act solely as an employee of the Department, which will be responsible for the employee's training, supervision, compensation and benefits, and all other personnel matters. 2. The County agrees to provide the Department, through a grant, the amount of $45,000 per state fiscal year to fund such OPS position. The payment of the funds shall be made in an annual increment upon receipt of an invoice from the Department. 3. The Department agrees to diligently pursue the filling of the position with a qualified individual. If the individual employed to fill this position terminates employment for any reason, the Department agrees to immediately initiate the hiring process to retain another qualified individual to fill the position. 4. The Department agrees that all persons filling the position will be qualified to, and will perform capably, the duties shown in the attached position description (Attachment A) exclusively for issues and development projects in unincorporated Collier County, provided, however, that any applications by or on behalf of Collier County shall be processed by other employees of the Department in the Fort Myers Office. 5. This Agreement becomes effective on the date of final execution and remains in effect until such time as one or both of the parties hereto wish to terminate it pursuant to the Intergovernmental Agreement For Enhanced Environmental Resources Permitting Between Collier County And The State Of Florida Department Of Environmental Protection, South District Office ' Page 2 of 4 AGENDA I~' F..,J~I "°' Id; JUN g 6 7001 provisions of paragraph 6. Any funds not fully expended during one year of the Agreement shall be applied to the next fiscal year of the Agreement. If the Agreement is terminated any unexpended funds remaining after the final payment to the employee must be returned to the County. 6. In the event of one party's failure to fulfill any of its obligations under this Agreement, then the other party may immediately terminate this Agreement at any time. Either party may also terminate this Agreement after providing written notice of its intent to terminate at least sixty (60) calendar days in advance of the date of termination. In addition, the terminating party must also provide the non-terminating party an opportunity to consult with the terminating party regarding the reason(s) for termination. In the event the Agreement is terminated, any unexpended funds remaining after the final payment to the employee must be returned to the County. 7. Notice will be deemed sufficient when delivered by certified mail to the appropriate party at the address set forth below: For the County: John Dunnuck Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples Florida, 34104 For the Department: Gordon Romeis Department of Environmental Protection P. O. Box 2549 Fort Myers, Florida 33902-2549 8. The Department's continuing participation in this Agreement (except for the termination described above) is subject only to the Florida Legislature's annual approval of the Department's spending authority for the services contemplated under this Agreement. 9. The County's manager for this Agreement is John Dunnuck, phone (941) 403- 2385. The Department's manager for this Agreement is Mr. Gordon Romeis, phone (941) 332- 6975 ext. 145. All matters pertaining to the administration of this Agreement are to be directed to the respective party's manager for appropriate action or disposition. 10. This Agreement will be recorded by the County in the Official Records of Collier County, Florida. IN WITNESS THEREOF, the parties hereto have executed the Agreement by their duly authorized officials effective on the latter date set forth below. Intergovernmental Agreement For Enhanced Environmental Resources Permitting Between Collier County And The State Of Florida Department Of Environmental Protection, South District Office Page 3 of 4 AGENDA ITEM JUN $ 2001 DATED: ATTEST: DWIGHT E. BROCK, Clerk APPROVED AS TO-FORM AND LEGAL SUFFICIENCY: ,Dav~--~. Wei~el County Attorney APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Attorney, DEP Office of ('~yneral Cot[nsel BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James D. Date: Carter, PhD., Chairman FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By:~ ~. Richard Cantmll, District Director South District Date: ~ J Intergovernmental Agreement For Enhanced Environmental Resources Permitting Between Collier County And The State Of Florida Department Of Environmental Protection, South District Office Page 4 of 4 AGENDA ITEM NO. JUN g 6 2001 EXECUTIVE SUMMARY ADOPT RESOLUTION AUTHORIZING THE DIRECTOR OF THE CODE ENFORCEMENT DEPARTMENT TO COMPROMISE AND SETTLE CERTAIN CODE ENFORCEMENT LIENS AND TO EXECUTE AND RECORD DOCUMENTS AND TO TAKE CERTAIN ACTS NECESSARY FOR THE IMPLEMENTATION OF THIS AUTHORITY. OB,~ECTIVE: To adopt a resolution authorizing the Director of the Code Enforcement Department, to utilize the services of a collection agency for the collection of code enforcement fines, to compromise and settle code enforcement fines/liens under specified conditions and not exceeding $25,000.00, to execute settlement agreements effectuating such compromise in settlement, to execute and record satisfactions of lien and satisfactions of judgment, and to perform such acts incidental to the settlement of these code enforcement lien collection efforts. CONSIDERATIONS: The Director of Code Enforcement is charged with the responsibility of enforcing the Code of Laws and Ordinances of Collier County in the Land Development Code of Collier County. In performance of her duties, the Director utilizes the Collier Code Enforcement Board C'Board"), pursuant to Chapter 162, Part 1, Florida Statutes, to make findings of the violations, to order the correction or abatemeht of such violations, and to impose fines in the event such violations are not corrected as ordered by the Board. Once an Order Imposing Fines/Lien has been rendered by the Code Enforcement Board, a certified copy is recorded in the public records of Collier County. Pm'suant to statute, three months after the recording of the Order Imposing Fine/Lien. the Board may authorize the Office of the County Attorney to foreclose the lien or sue to recover a money judgment in the amount of the lien. In addition, §162.09, Florida Statutes, authorizes the County to petition the Court for enforcement of the Order Imposing Fine/Lien to the same extent as a civil judgment. These collection proceedings are often not effective methods for the ultimate recovery of the lien amount. Consequently, the Director seeks the authority to utilize a collection service for purposes of recovering code enforcement liens in those instances where other remedies are not available or effective. - _ The County currently utilizes a collection agency for collection of weed abatement liens and other assessments. The collection agency retains 30% of all monies recovered and has proven effective to date in recovenng a large percentage of the outstanding fines and assessments. The collection agency, however, has no authority to compromise the amounts owing to the County. To facilitate the recovery of those code enforcement liens which are othemfise not suitable for foreclosure or other legal proceedings for their collection, it is recommended that the Director utilize the services of the collection agency and obtain settlement authority to compromise any code enforcement lien amounts under established criteria. The Board of County Commissioners may delegate such authority to the Director as long as the authority is not overly broad in its discretionary nature. Parameters have been identified in the resolution for the exercise of this discretion. The resolution, which is attached heretc sets 1 JUN 2 6 7001 certain conditions precedent to the Director's authorization to collect code enforcement liens through the services of an independent debt collection company. In addition the resolution sets forth enumerated factors to be considered by the Director before compromising any code enforcement lien amount. The Director's authority is also limited to a compromise of only those liens whose individual amount is less than or equal to $25,000.00. Any lien that totals more than $25,000.00 can only be compromised with the approval of the Board of County Commissioners. Incidental to the Director's authority to compromise a lien amount is the authority to enter into any settlement agreement for the compromise of the lien on behalf of the County. Such settlement agreements may also include a method of payment over time if acceptable by the Director. The execution and recording of satisfactions or releases is a necessary part of the collection process. The County is required to execute and record satisfactions or releases in those instances where the lien amount has been paid. The execution and recording of a satisfaction of lien in those instances where the lien amount has been paid is merely a ministerial function. The resolution therefore authorizes the Director to prepare and execute such documents once payment has been made and verified. The resolution also seeks to authorize the Director to prepare, execute and record satisfactions of judgment for final judgments rendered by a court for code citations issued pursuant to Part 2, Chapter 162, Florida Statutes. In these citation instances the judgments do not exceed $500.00. The County, however, is required to record a satisfaction of judgment once the judgment amount has been paid. Consequently, this function is also a ministerial one and is a proper delegation of authority to the Director by the Board of County Commissioners. In anticipation of the preparation and signing of any documents that may be necessary in connection with the compromise and settlement of code enforcement liens or in connection with the exercise of any of the othcr powers provided by the resolution, the resolution authorizes the Director to execute such documents and to perform any such acts as may be necessary or appropriate. This provision contemplates documents, which is the preparation and execution of primarily ministerial to the performance of acts incidental but necessary to these authorized collection efforts. The Office of the County Attorney has reviewed the contents of the resolution and the delegation contained therein and is recommending that the Board adopt the proposed resolution in its entirety as a proper and lawful delegation of authority to the Director of Code Enforcement. In addition, it is this office's belief that the delegation of this settlement authority to the Director will facilitate the final resolution of a number of code enforcement liens that are otherwise not appropriate for foreclosure, or other legal civil proceedings for collection. FISCAL IMPACT: There will be no direct and ascertainable costs associated with the adoption of this resolution. The liens that will be forwarded to a collection agency for collection are those that will otherwise not be pursued through the Office of County Attorneys for collection, or those instances where the cost of pursuing such other collection measures will exceed the amount of AGENDA ITEM ,, JUN 26 001 the lien itself. The indirect cost associated with the adoption of this resolution will be thirty percent (30%) of any lien amount that is successfully recovered by the collection agency. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing the Director of Code Enforcement to utilize the services of a collection agency, to compromise and settle code enforcement liens under specified conditions, to execute settlement agreements effectuating such compromise and settlement of liens, to execute and record satisfactions and releases, and to perform and execute such documents that are necessary in the Director's exercise of the foregoing powers. Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: Michelle Edwards Arnold, Director Code Enforcement Department APPROVEDBY. (~ ~t~~ ' Jo]~ M. D~"n~uck, III. Administrator C~mmunity Development & Environmental Services Division Date: H:kl~blic\Litigation~,CEB CASES~ExSum--AdopI Resolution 6-12-0 l.doc AGENDA ITEM NO. 0LIN 2 O 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 62 63 RESOLUTION 2001- RESOLUTION AUTHORIZING THE DIRECTOR OF THE CODE ENFORCEMENT DEPARTMENT, AS DESIGNEE OF THE COUNTY ADMINISTRATOR, TO UTILIZE A COLLECTION AGENCY FOR THE COLLECTION OF CODE ENFORCEMENT LIENS; TO COMPROMISE AND SETTLE CODE ENFORCEMENT LIENS UNDER SPECIFIED CONDITIONS AND NOT EXCEEDING $25,000; TO EXECUTE SETTLEMENT AGREEMENTS EFFECTUATING SUCH COMPROMISE AND SETTLEMENT OF LIENS; TO EXECUTE AND RECORD SATISFACTIONS OF LIEN AND SATISFACTIONS OF JUDGMENT IN CERTAIN CIRCUMSTANCES; AND TO PERFORM SUCH ACTS NECESSARY TO THE SETTLEMENT OF CODE ENFORCEMENT LIENS. WHEREAS, Article VIII, Section 1, Fla. Const., provides the Board of County Commissioners (hereinafter "Board") as the governing body of Collier County, with powers of self-government as is provided for by general or special law; and WHEREAS, certain of these powers have been enumerated in Section 125.01(1), Fla. Stat., to include: (1) the power to adopt resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law, and (2) the power to perform any other acts not inconsistent with law; and WHEREAS, Section 125.01(3), Fla. Stat., provides all implied powers necessary or incident to the carrying out of the powers in Section 125.01, and states that Section 125.01 shall be liberally construed in order to effectively carry out the purposes of this section and to secure for the counties the broad exercise of home rule powers; and WHEREAS, the County Administrator is responsible for the administration of all departments of the county government which the Board has authority to control pursuant to Chapter 125, Part II1, the general laws of Florida and other applicable legislation; and WHEREAS, the Director of Code Enforcement is charged with the responsibility of enforcing the Code of Laws and Ordinances of Collier Count), and the Land Development Code of Collier County; WHEREAS, pursuant to Chapter 162, Part I, Fla. Stat., the Collier County Code Enforcement Board may, upon factual findings of a violation and the violator's failure to correct or abate the violation pursuant to a previous Order by the Code Enfomement Board, impose fines, and costs to repair, by virtue of an Order Imposing Fine/Lien; and WHEREAS, Section 162.09, Fla. Stat., provides that the Code Enforcement Board may authorize the Office of County Attorney to foreclose the lien or to sue to recover a money judgment for the amount of the lien in the event the fine/lien remains unpaid three months after recording of the Order Imposing Fine/Lien; and WHEREAS, Section 162.09, Fla. Stat., also authorizes the County to petition the court for enforcement of the order imposing fine and further provides for execution and levy to the same extent as a civil judgment; and WHEREAS, foreclosure, execution and levy, or suits for money judgments, are often not effective methods for the recovery of code enforcement liens; and WHEREAS, the use of a collection service has proven effective for recovering other types of fines and/or assessments, and often presents the only cost-effective means of obtaining partial or total recovery of liens; and WHEREAS, a collection agency will typically require thirty percent amounts collected as compensation for its efforts; and WHEREAS, the use of a collection agency for the collection of code enforcement liens is a proper and lawful manner of enforcement by the Coun 1 JUN $ 2[1 1 and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 1 2 WHEREAS, the Director of Code Enforcement should, under certain specified 3 conditions, have authority to compromise code enforcement fines/liens where such 4 compromise is reasonable and in the best interest of the County, and to enter into 5 agreements on behalf of the County for such compromise and settlement; and WHEREAS, the County is required to prepare and record a satisfaction or release of code enforcement liens as well as a satisfaction of judgments for civil code infractions in every instance where a lien or civil judgment has been paid. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Director of the Code Enforcement Department shall be delegated certain authority to compromise and settle code enforcement liens and to execute and record certain documents necessary in the execution of this authority. The terms and limitations of this authority are set f~rth below: 1. The Director of the Code Enforcement Department is hereby authorized to collect code enforcement liens through the services of an independent debt collection company. This authority may only be exercised when all of the following conditions have occurred: A certified copy of the Order Imposing Fine/Lien has been recorded in the public records of Collier County; and Three months have passed since the recording of the Order Imposing Fine/Lien and the lien remains unpaid; and The Code Enforcement Board has authorized the Office of County Attorney to foreclose the lien, sue to recover a money judgment, or to petition the circuit court for post-judgment enforcement proceedings; and The Office of County Attorney has determined that the collection proceedings described in Section I.C. above are not cost effective, likely to result in recovery, legally available to the County, or otherwise recommended. 2. The Director of the Code Enforcement Department shall have the authority to enter into an agreement with an independent collection service company (hereinafter "Collection Agent") which agreement provides for payment to the Collection Agent based on a percentage of the amount recovered. This percentage shall not exceed thirty-five per cent of the recovery. Under no circumstances may the Collection Agent negotiate the lien amount to be recovered without the Director's written consent or instruction. 3. For liens which are not currently continuing to accrue and do not exceed $25,000, the Director is hereby authorized to compromise the lien amount on behalf of the County in a reasonable manner, as follows: A. The Director shall use the following criteria when determining whether a portion or all of the lien shall be compromised: (1) The violation has been corrected or abated, or cannot be corrected or abated, and supporting information upon which a person would reasonably rely has been presented. (2) The gravity of the violation. (3) Any actions taken by the violator to correct the violation, and any external fomes interfering with violator's ability to correct the violation. (4) Any previous or subsequent violations committed by the violator. (5) The cost upon the violator of correcting the violation. (6) The value of the real estate compared to the amount of the lien. (7) Whether payment of the full lien amount would impose a severe hardship on the violator. (8) The amount of the fine relative to the nature of the violation (9) The time and cost incurred by County in prosecuting the rio obtaining lien. (10) Ability of violator to pay lien. (11) The likelihood of recovering the lien without compromise. 2 AGENDA ITEM NO. ~tion and JUN g 6 ZOO1 Pg. . . 1 2 3 4 5 6 7 8 9 10 11 12 13 ]4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3o 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 61 62 (12) The ratio of the compromised amount to the total lien. (13) Any other equitable factors which would militate towards compromise. It shall be presumed that the Director has acted unreasonably, and therefore outside the scope of her/his authority, if s/he has compromised a lien in an amount in excess of seventy-five percent (75%) of the total lien. This presumption can be rebutted by the Director by demonstrating that the County could or would not otherwise recover a greater portion than that compromised. Any liens totaling more than $25,000, can only be considered and compromised with the approval of the Board of County Commissioners. All compromises shall be in the best interest of the County. 4. The Director may approve and execute any agreements on behalf of the County which are necessary to memorialize the terms of a compromise and settlement of a code enforcement lien. These terms may include, at the Director's discretion, periodic payments by the violator in lieu of a lump sum payment. The Office of County Attorney may assist the Director in preparing said agreements and shall approve all such agreements as to form and legal sufficiency. This authority is limited to only those individual liens totaling less than $25,000, and which are not the subject of a foreclosure proceeding or suit for money judgment. 5. Once payment has been made to the County and verified by the Director, or staff, the Director is authorized to prepare and execute on behalf of the County Satisfactions or Releases of the Office of County Attorney shall approve the executed Satisfaction or Release as to form and legal sufficiency prior to recording. After approval by the Office of County Attorney, the Director, or her/his delegate, shall effectuate recording of the instrument. 6. The Director is further authorized to prepare and execute on behalf of the County Satisfactions of Judgment for Final Judgments rendered by the Court for code citations issued pursuant to Part II, Chapter 162, Florida Statutes. Director, or her/his staff, shall verify that full payment has been received by the Clerk's Office or other County agency. The Office of County Attorney shall approve the executed Satisfaction of Judgment as to form and legal sufficiency prior to recording. After approval by the Office of County Attorney, the Director, or her/his delegate, shall effectuate recording of the instrument. BE IT FURTHER RESOLVED THAT the Director shall have authority to execute such additional documents and to perform all such acts as may be necessary or appropriate in connection with the exercise of the powers enumerated above. This Resolution is hereby duly adopted on this 26th day of June, 2001, after -motion, second and majority vote favoring its adoption. DATED: AWl'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNtTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By:. JAMES D. CARTER, Ph.D., Chairman A~_,,ved as to form and legal sufficiency: ~er~ T. Ch~-~well, Assistant County Attorney AGENDA iTEM No.__ JUN 2 6 2001 EXECUTIVE SUMMARY 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. OBJECTIVE: Staff is requesting that the Board review staff's findings and recommendations regarding the above referenced PUD. CONSIDERATIONS: This PUD was originally approved on November 28, 1995. Section 2.7.3.4 of the Collier County Land Development Code requires that the project developer submit an annual report on the progress of development, commencing on the fifth anniversary of the PUD approval by the Board of County Commissioners. The singular purpose of this report is to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth in Section 2.7.3.4. For those PUD's approved prior to the effective date of adoption of the Land Development Code, the five year approval period commenced on the adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.4 are applicable as of October 30, 1996. The five (5) year anniversary date for this PUD is November 27, 2000 and on that and thereafter had not commenced construction as defined in Section 2.7.3.4. Staff has utilized the required PUD status (monitoring) report, supplemented by field observation and review of in-house records to verify the current status of the PUD and as the basis of a recommendation to the Board consistent with the options provided in Section 2.7.3.4 (1) and (2). Section 2.7.3.4 reads as follows: 2.7.3.4.1 Time limits for approved PUD master plans. In the event that a PUD master plan is given approval, and the landowner(s) shall: Fail to obtain approval for improvement plans or a development plans or a development order for all infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD master plan or other development orders for at least 15 percent of the gross land area of the PUD site every five years of the date of approval by the Board of County Commissioners; and -- A~ENDA hTF. J~ " JUN 2 6 2001 Fail to receive final local development orders for at least 15 percent of the total number of approved dwelling units in the PUD, or in the case of PUD's consisting of nonresidential uses, 30 percent of the total approved gross leasable floor area within the PUD every six years of the date of approval by the Board of County Commissioners. The project developer shall submit to the Planning Services Director a status report on the progress of development annually commencing on the fifth anniversary date of the PUD approval by the Board of County Commissioners. The singular purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth above. Should the Planning Services Director determine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification. Should the Planning Services Director determine that the development has not commenced in earnest, then upon review and consideration of the report provided by the owner and any supplemental information that may be provided, the Board of County Commissioners shall elect one of the following: o To extend the current PUD approval for a maximum period of two years; at the end of which time, the owner will again submit to the procedure as defined herein. Require the owner to submit an amended PUD' in which the unimproved portions of the original PUD shall be consistent with the Growth Management Plan. The existing PUD shall remain in effect until subsequent action by the Board of the submitted amendment of the PUD. If the owner fails to submit an amended PUD within six months of Board action to require such an amended submittal, then the Board may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the future land use element of the Growth Management Plan. In the case of developments of regional impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S. 380.06. Synopsis of Approved Land Uses: The Airport Plaza PUD's development authorization is for a mixed-use consisting of 25,000 square feet of commercial and dwelling units on a total land area of 11.4 acres. The PUD Master Plan iljustrates two development tracts. The following land uses are permitted: AGENDA ITEM No. JUN ~ 6 2001 Pg. ,r Land Use Summary Commercial Tract - 3.1 acres ~ 25,000 square feet of gross floor area Conservation Tract - 4.4 acres and 39% of land area Residential Tract - 3.9 acres ~ 26 dwelling units Access points include Airport Road opposite an existing median and North Street, and Hazel Road at two locations. Consistency with Comprehensive Growth Management Plan: The subject PUD is located within the Urban Residential area as iljustrated on the Future Land Use Element of the GMP. Based on staff review of the approved land uses, the PUD has been determined to be consistent with the Collier County Growth Management Plan because commercial land uses were authorized through provisions of the FLUE relative to commercial under criteria. The PUD is deemed also consistent with the following GMP Elements (FLUE, Traffic Circulation Element, Open Space/Natural Resource Element, Other). Consistency with the Collier CounW Land Development Code: The PUD has been distributed to the appropriate jurisdictional review entities specifically for review of the PUD for consistency with current land development regulations. Based on that review, the following inconsistencies have been identified: Transportation: (Traffic impacts, access management, etc.) Staff advises that the development commitments and Master Plan is consistent with the TCE, however, staff advise that the Master Plan iljustrating a point of ingress and egress with Airport Road be eliminated and that access to the commercial site be limited to Hazel Road. The requirement to submit a new PUD will provide us this opportunity. Landscape (Buffers/Green Space) Staff advises that the PUD and Master Plan is consistent with provisions of the LDC because the PUD advises that where silent the most similar provision of the LDC applies, particularly when subsequent development permitting applications are made (i.e. platting and SDP). Nearly thirty-nine (39%) of the land is set aside as "preserves". Accommodating the required thirty (30%) open space requirement for mixed-use projects will not be a problem, however, buffer requirements cited are incorrect. Environmental: (Protected species, vegetation) Staff advises that the PUD is consistent with provisions of the LDC. Engineering/Site Development: (Sewer/water, drainage issues) AGENDA ITEM JUN 2 6 001 pg: ~ Staff advises that there is nothing in the PUD that prevents us from ensuring that subsequent development permitting applications will be exempt fi.om current requirements of the Infrastructural improvements will have to comply with current code requirements. LDC. Staff Comments: While this PUD for the most part presents a satisfactory development strategy, nevertheless, it is preferable that the owner be required to submit a new PUD which can be then reviewed by jurisdictional reviewers to determine what if an3' modifications ought to be made. Two outstanding areas of concern include traffic interface with Airport Road and the opportunity to readdress the relationship of this development to the Naples Airport. Since this PUD was approved there have been amendments to the Naples Airport Overlay provisions which in particular demand higher noise attenuation thresholds. FISCAL IMPACT: The requirement to submit a new PUD within six (6) months will have no fiscal impact to Collier County. An application fee will be required for the resubmittal. STAFF RECOMMENDATION: Based on a comprehensive review of this PUD document, staff recommends that the Board of County Commissioners require the owner to submit a new PUD within six (6) months of the date of this action. PREPARED BY: INTERIM CURRENT PLANNING MANAGER DATE REVI ;WED BY: THOMAS E. KUCK, P.E. INTERIM PLANNING DIRECTOR DATE APPROVED BY: /~ JOHN I~' DUNN'UCK, III, INTERIM ADMINISTRATOR COMMIINITY DEV. AND ENVIRONMENTAL SVCS. g/admin/AIRPORT PLAZA EX SUMMARY/SM/im DATE A~ENDA ITEM '" JUN 2 6 2001 RESOLUTION NO. 01- A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 95-68 BY REQUIRING RECONSIDERATION OF THE AIRPORT PLAZA PUD WITHIN SIX MONTHS FROM DATE OF THIS RESOLUTION OR AS OTHERWISE PROVIDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Airport Plaza PUD, Ordinance 95-68 adopted on November 28, 1995, is subject to the provisions of Section 2.7.3.4. of the Land Development Code (LDC), Time Limits for Approved PUD Zoning Dislricts together W~th their respective Master Plans; and WHEREAS, this PUD Ordinance was adopted consistent with and under the provisions of the Collier County Growth Management Plan; and WHEREAS, the Board of County Commissioners has reviewed this PUD and has determined to require the owner to submit an amended PUD within six (6) months of the approval of this Resolution. NOW THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida, that: The above recitals are adopted herein by reference as if fully set forth herein. This Resolution shall constitute evidence of compliance with the review requirements of Section 2.7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the owner shall submit an amended PUD Document on or before ,200 I. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this ~ day of 2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES D. CARTER, Ph.D., Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY Marjort~ M. Student Assistant County Attorney f/rnisc/Ordinance 95-68, Ail-porl Plaza PUD/RN/cw -2- AGENDA ITEM ~ - '-~ II JUN 2 6 2001 Executive Summa 2001 AMENDED TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL REGARDING THE OCTOBER 2001 EVENT OBJECTIVE: To have the Board of County Commissioners approve this amended agreement between Collier County and the Marco Island Film Festival regarding the October 2001 event. Staff has amended a scrivener's error in the original tourism agreement relating to the effective date of the agreement. CONSIDERATION: On April 9, 2001, the Tourist Development Council reviewed an application for the Marco Island Film Festival's request of $150,000 in funding for this event. The TDC recommended $50,000 in funding by a unanimous vote (7-0). On May 22, 2001 the Board of County Commissioners approved $50,000 to the Marco Island Film Festival for the October 2001 event. In the approved agreement the effective date referred to September 20, 2001, which should have been February 1,2001. The retroactive date reflects invoices for advertisements that were placed for the event. FISCAL IMPACT: Funds in the amount of $50,000 are available from the 194 Tourist Development Tax Fund reserves and has been encumbered in a purchase order for this project. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the FY2001 amended Tourism agreement between Collier County and the Marco Island Film Festival, and authorize the Chairman to sign the agreement. PREPARED BYL . ~ :i i ( ~i,, ~ (.~ ~.t>, ~ ,~ j~e!E~ Eichhorn, TDC Coordinator H6u,~ing and Urban Improvement ~eg ~h~i~ector Housing ~nd Urban Improvement APPROVED BY: (~~~ Date Date Date JUN 2 6 2001 2001 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND MARCO ISLAND FILM FESTIVAL, INC. REGARDING 2001 MARCO ISLAND FILM FESTIVAL THIS AGI~EMENT, is made and entered imo this ~ day of ,2001, by and between the Marco Island Film Festival, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinai~er referred to as "COUWTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds for the promotion and advertising of the Marco Island Film Festival, to be held on October 17-21,2001 (the "Event"); and WHEREAS, the COUNTY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MLTTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget attached as Exhibit "A", the GRANTEE shall provide advertising and promotion of the Event, to be held October 17-21, 2001. The date(s) of the Event may not be changed without an amendment to this Agreement as provided herein. 2. PAYMENT: (a) The amount to be paid under this Agreement shall be Fifty Thousand ($50,000). The GRANTEE shall be paid in accordance with fiscal procedures of' the County for expenditures incurred for the promotion and advertising expenses as described in JUN 2 6 200l Paragraph 1 upon submittal of an invoice and upon verification that the services described in the invoice have been completed or that goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the County Administrator or his designee for review. (c) The County Administrator or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) Ail expenditure shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. (g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A". (i) The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGIBLE EXPENDITURES: (a) Only eligible the expenditures described in Paragraph 1 will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between March 1, 2000 and the expiration of this agreement. 2 (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory (c) The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY lr[EPORTS: (a) GRANTEE shall provide to County monthly reports on the duties performed and services provided by GRANTEE, its vendors or subcontractors. (b) The report shall identify the amount spent, the duties performed, the services provided and the goods delivered during the preceding 30 days. 6. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 3 JUN 2 6 2001 7. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph 1. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 8. INDEMNIFICATION: (a) The GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit_ of or lack of, sufficient insurance protection. 9. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Nick Campo, President Marco Island Film Festival, Inc. P.O. Box 2002 Marco Island, FL 34146 4 ~A fl'~M JUN 2 6 2001 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jane Eichhom, Tourist Development Council Coordinator c/o Housing & Urban Improvement Director 3050 N. Horseshoe Drive, Suite 145 Naples, FL 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 10. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 11. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. 12. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 13. If GRANTEE fails to hold the event or activity, GRANTEE shall repay to the COUNTY all funds expended by the COUNTY pursuant to this Agreement, unless the Board of County __Commissioners determines that the completed promotion and advertising of the event or activity were sufficiently performed to justify the use of tourist development tax funds. 14. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 15. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, under this documents, papers and financial information pertaining to work performed Agreement for a period of three (3) yyears. 5 ~ rrliM A JUN 2 6 2001 16. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 17. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whOle or in part its interest in this Agreement without the prior written consent of the COLrNTY. 18. TERM: This Agreement shall become effective on February 1, 2001 retroactive and shall remain effective for one year. 19. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 20. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 21. EVALUATION OF TOURISM IMPACT: 'GRANTEE shall monitor and evaluate the tourism impact of each of GRANTEE's activities, explaining how the tourism impact was evaluated, providing a written report to the County Administrator or his designee, along with a final budget analysis, within sixty (60) days of the date of the Event. 22. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 23. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties and after review by the Collier County Tourist Development Council. 6 JUN 2 6 2001 '7' IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James Carter, Ph.D Chairman GRANTEE: MARCO ISLAND FILM FESTIVAL, INC. Printed/Typed Name Printed/Typed Title Approved as to form and - legal sufficie.~ncy t~ (J~cqueli~e Hubbard Robinson '~ssistant County Attorney (corporate seal) 7 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "VALENCIA LAKES PHASE 2-A", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY / SUBJECT TO STIPULATIONS OBJECTIVE: To approve for recording the final plat of "Valencia Lakes Phase 2- A", a subdivision of lands located in Section 23 Township 48 South,. Range 27 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Valencia Lakes Phase 2-A". 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 ~or 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 "Valencia Lakes Phase 2-A" be approved for recording, subject to the stipulations. FISCAL IMPACT: The project cost is $411,879.76 (estimated) to be borne by the developer. "' AGENDA ITEM JUN 2001 Executive Summary Valencia Lakes Phase 2-A Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue .generated by this project: Total: $9721.66 Fees are based on a construction estimate of $823759.52 (all of Valencia Lakes) and were paid in August, 2000, and are reflected in the Executive Summary of December 12, 2000 which approved Valencia Lakes. 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: issues HISTORICAL/ARCHEOLOGICAL IMPACT: There are no outstanding environmental 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 "Valencia Lakes Phase 2-A" for recording with the following stipulations: 1o That the outstanding golf course impact fees for Valencia Golf Course are paid prior to the recording of the plat. 2. Approve the amount of $453,067.74 as performance security for the required improvements. AGENDA ITEM No. - N 2'6 2001 pg. Executive Summary Valencia Lakes Phase 2-A ~Page 3 3. Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houlds~orth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Services Director / County Engineer Interim Development Services Director Date D t/e / APPROVED BY: ~oO~ y~U~envUeClk ~mIeI Interim Administrator unMit o ~t & Environmental Services Date jrh AGENDA ITEM No. UN 2'6 2001 EXECUTIVE SUMMARY ADOPTION OF A RESOLUTION ESTABLISHING AN OFFICIAL ADMINISTRATIVE PROCEDURES MANUAL FOR THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE OBJECTIVE: To obtain Board of County Commissioners approval and adoption of a procedures manual (the Manual) to serve as a guide for County staff and the development community in the implementation and administration of the Collier County Consolidated Impact Fee Ordinance (the Ordinance). CONSIDERATION: On February 23, 1999 the Board of County Commissioners approved an agreement with Tindale-Oliver and Associates to update the Transportation, Emergency Medical Services and Library Impact Fee rate schedules. On August 3, 1999 the Board approved a contract amendment expanding the scope to include consolidation of all of the County's impact fee ordinances into a single document and the development of a comprehensive administrative procedures manual. This initiative was aimed at eliminating inconsistencies in the administrative provisions of the various impact fee ordinances, clarifying impact fee calculation methods, and implementing new procedures where needed. The consultant completed the three fee schedule updates by July 2000 and then shifted their focus to the tasks identified in the contract amendment. County staff formed a working group to complete the project composed of representatives of the Community Development & Environmental Services, Transportation Services and Public Utilities Divisions, the Real Property Department, and the County Attorney's Office. The Clerk of Courts Finance and Internal Audit Departments also provided valuable assistance. The Board adopted the Ordinance on March 13, 2001. The Manual defines administrative processes in the text as well as in the form of workflows, which are iljustrated in numerous figures found throughout the document. Each section of the Manual describes the corresponding section of the Ordinance and provides further details regarding the actions to be taken in the implementation of that particular portion of the Ordinance. Also, the Manual establishes a corps of Impact Fee Specialists within the County--personnel that are highly knowledgeable of the Ordinance and are responsible for the accurate calculation and assessment of fees. Certain sections of the Ordinance require specific actions by County staff and customers in the development community. Many of these areas have been problematic in the past in terms of accuracy and consistency in the assessment and collection of fees; thus, staff and the consultants have placed special emphasis on these areas in the development of both the Ordinance and the Manual. AGENDA iTEM JUN 8 6 2001 Administrative Procedures Manual for Consolidated Impact Fee Ordinance Page 2 The major sections of the Ordinance for which the Manual provides detailed guidelines and procedures include the following: 1. Section 74-201., Imposition of Impact Fees for Residential and Non-residential Land Uses; 2. Section 74-201.C., Changes of Size and Use; 3. Section 74-201.D., Impact Fee Exemptions; 4. Section 74-202., Payment of Impact Fees; 5. Sections 74-201.E. and 74-401, Affordable Housing Waivers and Deferrals; 6. Section 74-204, Alternative Impact Fee Calculations; and 7. Section 74-205., Developer Contribution Credits and Agreements. FISCAL IMPACT: Impact fee rate schedules were not updated as part of this project. It is anticipated that the refinement of procedures for assessing and collecting impact fees will have a positive effect on revenue receipts. GROWTH MANAGEMENT IMPACT: Impact fees are a critical funding source for infrastructure capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt a resolution establishing the Administrative Procedures Manual for the Collier County Consolidated Impact Fee Ordinance. SUBMITTED BY: REVIEWED BY: APPROVED BY: p~in~ior /[''~/~ Community Develop ent and Environmental Services Division [~'~~ Date: (._o ~ / ~-c'~/ Denton Baker, Business Manager Community Development and Environmental Services Division mM. Dunnuck, III, Interim Administrator munity Development and Environmental Services Division AGENDA ITEM NO. dUN g 6 2001 RESOLUTION NO. 2001- A RESOLUTION ADOPTING AN ADMINISTRATIVE PROCEDURES MANUAL TO SERVE AS A GUIDE FOR COLLIER COUNTY STAFF AND THE LOCAL DEVELOPMENT COMMUNITY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE; AUTHORIZING THE USE OF THE MANUAL BY STAFF AND CUSTOMERS FROM THE DEVELOPMENT COMMUNITY; AND REPEALING AND RESCINDING PRIOR UNOFFICIAL ADMINISTRATIVE GUIDELINES OR PROCEDURES. WHEREAS, Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, codified as Section 74-503 of the Collier County Code of Ordinances, incorporates and references therein the currently existing administrative procedures manual(s) for the Public Facilities Impact Fee, except to the extent that it conflicts or varies the terms of the Ordinance; and WHEREAS, on August 3, 1999, the Board of County Commissioners approved a consulting contract for the consolidation of all of the County's impact fee ordinances into a single document and the development of a comprehensive administrative procedures manual; and WHEREAS, since September 1, 1999, the County has implemented numerous management initiatives to enhance the accuracy and consistency of impact fee assessments and collections, including the creation of an Impact Fee Administration Section within the Community Development and Environmental Services Division, the implementation of redundant quality control measures, and the formation of an interdepartmental working group to address specific problem areas; and WHEREAS, the Board of County Commissioners desires for County staff to continue to take deliberate steps to upgrade and improve processes and procedures related to the calculation, assessment, and collection of impact fees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby adopts the Administrative Procedures Manual for the Collier County Consolidated Impact Fee Ordinance (the Manual), attached hereto as Exhibit "A", and incorporates same by reference as if fully set forth herein; and authorizes the use of the guidelines and procedures contained within the Manual by County staff and customers from the Collier County development community; and further directs that the Manual shall be regularly reviewed by County AGENDA ITEM No. JUN 2 6 2001 staff and may be brought forth from time to time for the incorporation of corrective changes and improvements to its content, and directs that these future changes and improvements shall be presented for adoption by resolution of the Board of County Commissioners. BE IT FURTHER RESOLVED that, except for those documents expressly incorporated by reference into County codes or ordinances, any document, written or published by any agency under the jurisdiction of the Board of County Commissioners of Collier County, that has previously in any way served the purpose of complementing or augmenting County codes or ordinances relating to impact fees by promulgating administrative guidelines or procedures for the calculation, assessment, or collection of impact fees, is hereby repealed and rescinded by the adoption of this Resolution. This Resolution adopted after motion, second and majority vote favoring same. Done and effective the __ day of 2001; ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Patrick G White Assistant County Attorney AGENDA ITEM NO. JUN 2 6 2001 COPIES OF THE OFFICIAL ADMINISTRATIVE PROCEDURES MANUAL FOR THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE ARE AVAILABLE FOR VIEWING AT: Development Services Center- 2800 N. Horseshoe Drive in the Impact Fee Administration office Office of Public Information- 3301 E. Tamiami Trail in the Harmon Turner Building on the 1 st floor. Coun _ty Manager's Office - 3301 E. Tamiami Trail in the Harmon Turner Building on the 2nd floor AGENDA ITEM NO. JUN g 6 ?..001 pg. 5 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE CRITERIA FOR ESTABLISHING NEW DISTRICT BOUNDARIES FOR T~ BOARD OF COUNTY COMMISSIONERS. Objective: To obtain approval from the Board for staff to use the criteria outlined below for the purpose of establishing new BCC district boundaries. Considerations: The Constitution of the State of Florida requires that, after each decennial census, the Board of Commissioners are to divide the county into districts of contiguous territories as nearly equal in population as practicable, with one commissioner residing in each district elected as provided by law. Chapter 124, Florida Statutes, also provides for more frequent redistricting to maintain population balance. Just prior to April 1, 2001, the U.S. Census Bureau released Census 2000 Redistricting Data for Collier County, pursuant to Public Law 94-171. This data shows the total population for Collier County at 251,377 as of April 1, 2000, and includes details of population by race and ethnicity (see the attachment). To achieve population equity, each district would have a population of approximately 50,275 persons. All Commission districts have experienced population growth since the last redistricting occurred in 1995 when the countywide population was approximately 183,000; however, the amount of growth varies significantly among districts. Most notably, District IV, which includes the City of Naples and its environs, has experienced the least population increase. So as to comply with the Florida Constitution, staffproposes the following three criteria be used for the purpose of redistricting - these are the same criteria approved by the B CC in 1991: 1. The population of each district should be as similar as possible. 2. All districts should be as compact and regularly shaped as feasible. 3. The incumbent Commissioner's residence must remain in his or her current district. Additionally, staff will consider racial and ethnic populations in an effort not to dilute their concentration. Fiscal Impact: There are no fiscal impacts to the County as a result of this item. The redistricting task is assigned to existing County staff. Growth Management Impact: This item has no Growth Management impact. Environmental Issues: Not applicable. Historical/Archaeological Impact: Not applicable. AGENDA ITEM JUN 2 6 2001 Planning Services Staff Recommendation: That the BCC approve the above three criteria for redistricting. EAC Recommendation: Not applicable. CCPC Recommendation: Not applicable. David Weeks, AICP Chief Planner, Comprehensive Planning Sec. REVIEWED BY: _ Stan Litsinger, AIC Comprehensive Planning Manager Thomas E. Kuck, P.E. Engineering Services Director, and Interim Planning Services Director APPROVED BY: Joh~vl. Dunnuck ~'II, Interim Administrator Community Dev. & Environmental Svcs. DATE: DATE: DATE: Ex Sum criteria approval F, Redistricting 2 AGENDA ITEM JUN 2 6 001 American FactFinder Page 1 of 1 Basic Facts ~ Quick Tables QT-PL. Race, Hispanic or Latino, and Age: 2000 Geographic Area: Collier County, Florida NOTE: Data not adjusted based on the Accuracy and Coverage Evaluation. For information on confidentiality protection, sampling error, nonsampling error, and definitions see http://facffinder, census.gov/home/en/datanotes/expplu.html. All ages 18 years and over Subject Number Percen' Number Percent RACE Total population 251,377 100.£ 201,436 1 O0.1 One race 245,773 97.; 197,78~ 98 White 216,345 86.1 176,467 86.6 Black or Atrican American 11,41 ~ 4.6 7,312 American Indian and Alaska Native 13; 02 49;: 0.2 Asian 1,569 0.6 1,22(~ 0.6 Native Hawaiian and C)mer Pacific Islander 153 0.1 10~ 0.1 Some omer race 15,554 6.2 10,17~ 5.1 Two or more races 5,604 2.2 3,653 1 HI~PANIG OR LATINO AND RACE Total population 251,377 100.0 201,436 1 Hispanic or Latino (or any race) 49,29~ 19.6 33,555 16.7 Not Hispanic or LatJno 202,061 60.Z 167,661 83~', One race 196,63~ 79.1 165,801 B2.; White 165,517 73.~ 157,074 78.~ Black or African American 10,99~J 4.4 . 7,027 3.5 American Indian and Alaska Naive 482 0.~ 327 0 Asian 1,527 0.{: 1,19f 0.6 Native Hawa,an and Ot~er Pacific Islander 6;J 0.¢ 4~ Some other race 250 0.1 12[ 0.1 · wo or more races 3,243 1.3 2,0~{~ (X) Not applicable Source: U.S. Census Bureau, Census 2000 Redistricting Data (Public Law 94-171) Summary File, Matdces PL1, PL2, PL3, and PL4. NAoGENDA ITEM JUN g 6 20[ http://factf'mder, census.gov/bf/_lang=en vt name=DEC_2000_PL_U_QTPL_geo_id=0500.0.U6/18/2001 EXECUTIVE SUMMARY ADOPT RESOLUTION ACKNOWLEDGING COLLIER COUNTY'S LOCAL COMMUNICATIONS SERVICES TAX CONVERSION RATE SET FORTH IN FLORIDA'S COMMUNICATIONS SERVICES TAX SIMPLIFICATION LAW WHILE OPTING TO CONTINUE TO LOCALLY COLLECT RIGHTS-OF-WAY PERMIT FEES OBJECTIVE: Establish legal standing by acknowledging Collier County's local communications services tax conversion rate of 2.3 %, pursuant to Chapter 2001-140, Laws of Florida, while opting to continue to locally collect rights-of-way permit fees. CONSIDERATION: The Florida Legislature, this year, completed the adoPtion of the new Communications Services Tax Simplification Law (Act). This new Law changed the way the telecommunications industry is taxed and, in some respects is regulated by local governments. The Act combines State Sales Tax, State Gross Receipts Tax, Local Option Sales Tax, and Local Franchise Fees on telephone and cable entities by implementing a Telecommunications Flat Tax or so-called "Simplified Tax" administered at by the Florida Department of Revenue in Tallahassee. The only component of the Simplified Tax related to Collier County is the cable franchise fee. Comcast and TimeWamer currently pay 5% of gross revenues to the County for the use of County rights-of-way and some local oversight. Use of the $1.6 Million in annual cable franchise fees received by Collier County is not restricted and is currently deposited in MSTD General Fund 111. These revenues fund franchise administration, Channel 54 operations, and other Fund 111 programs. Provisions of the Law are briefly discussed below: The new tax will no longer include revenue generated for Intemet services or advertising revenues received by the County's Cable Television Franchisees. Also, this Act strips local governments authority to negotiate all revenue streams that, prior to this Act, could be included within the definition of "gross revenues" to which the 5% franchises fees applied. Ail collections and reporting from telecommunications providers will be controlled at the state level by Florida's Department of Revenue. Revenues will be collected at Tallahassee and be redistributed monthly to local governments. Effective on October 1, 2001, Collier County is authorized by the Act to cease collecting Permit fees for issuing permits to communications providers to use or occupy County roads and rights-of-way (collected by Community Development & Environmenta ~ Services Division) and, in lieu of such permit fees, can off-set those lost revenue~, by JUN 2.6 2001 increasing its effective tax rate. It is the opinion of the County Attorney's Office that (a) this provision of the Act has questionable legality because it appears to transform site specific permit fees into taxes that are to be collected from all communications providers irrespective of use or occupancy of any County road or right-of-way and, (b) if applied as being interpreted by many local taxing .jurisdictions, can result in unjustified windfall revenues to many local taxing authorities. Collier County can in the future revise this decision and notify the Florida Department of Revenue to apply an added tax rate up to 0.24% if the Board decides to do so. Collier County will no longer have the ability to audit cable provider's gross revenues and resulting cable franchise fees. Earlier this year, a staff audit resulted in collecting some $538,000 in underpayment of due and payable franchise fees. In addition to impacting revenue, the Act provides some limits upon each local government's control and management of the rights-of-way vis-h-vis communications providers and in other respects impedes some provisions of existing cable franchise agreements and related ordinances. The Act specifies a conversion rate applied to Collier County of 2.3%, which purports to generate tax revenues equal to Collier County's 1999 historical cable franchise fee revenue of approximately $1.6 Million. The Florida Department of Revenue predicts that the sum of taxable revenues will approximate $82,304,717, to which the 2.30% rate will be applied. The Act contains provisions that authorize Collier County, by Ordinance, to increase this tax rate once if the revenues actually received by the County do not generate sufficient revenues to render the Act as actually being revenue neutral. FISCAL IMPACT: It is not possible to determine what fiscal impact this Act may have on revenues to be received by the County by the Statutory substitution of historical Cable Television Franchise Fees into taxes to be applied to all communications providers who provide communications services in unincorporated Collier County. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt the attached Resolution to acknowledge that Collier County's initial tax conversion rate is 2.30 percent and to notify the Florida Department of Revenue that Collier County elects to continue to collect permit fees for permits issued to communications providers to use or occupy a County road or right-of- way. AGENDA ITEM NO. JUN 2,-0 2001 SUBMITTED BY: REVIEWED BY: APPROVED BY: I~. E. "Bleu" Wallace, Director Operations D~artment, CDES [ (~ ~._ Date: Thomas C. Palmer Assistant County Attorney l~'lv, unnuck III, Interim Administrator" Cof~n'nunity Development & Environmental Services Division Date: ~.-"~O.~/ AGENDA ITEM No. ,, JUN 2.-6 ~'001 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 RESOLUTION NO. 2001- A RESOLUTION OF COLLIER COUNTY, FLORIDA ACKNOWLEDG~G THAT COLLIER COUNTY'S LOCAL COMMUNICATIONS SERVICES TAX RATE OF 2.30 PERCENT WILL BECOME EFFECTIVE ON OCTOBER 1, 2001 BY OPERATION OF FLORIDA'S COMMUNICATIONS SERVICES TAX SIMPLIFICATION ACT; ALSO PROVIDING NOTICE TO THE FLORIDA DEPARTMENT OF REVENUE OF THE ELECTION OF COLLIER COUNTY TO CONTINUE TO COLLECT ROAD AND RIGHT-OF-WAY PERMIT FEES SUBSEQUENT TO OCTOBER 1, 2001 WHEREAS, on July 1, 2000, Florida's Communications Services Tax Simplification Act (Act) became law and established a new tax structure designed to treat communications service providers in a nondiscriminatory manner with respect to the compensation those providers have historically provided to the respective local government; and WHEREAS, the Act directed the Florida Legislature to set and adopt, during the 2001 Legislative Session, locally applicable tax rates to be applied under the new tax structure; and WHEREAS, Florida's Legislative restructuring in the 2001 Legislative Session resulted in a new, amended, Local Communications Services Tax, which is designed to apply equally to telephone service, cable service and wireless service providers; and the new tax rates established therein become effective on October 1, 2001 without any action by Collier County; and WHEREAS, the Act, as amended, created two (2) Local Communications Services Tax rates, namely a "Conversion rate" and a "Maximum rate." The AGENDA ITEM No. JUN 2:6 2001 ~ Conversion rate (or "initial" rate) has been established for each local jurisdiction, 2 including Collier County, which rate is based upon the size of the new 3 communications tax base in Collier County and is designed to generate revenues 4 equal to the revenues received by Collier County in fiscal year 1999. This 5 Conversion rate, called the "initial rate," takes effect automatically on October 1, 6 2001, without action by Collier County. The Law as amended also established a 7 "Maximum rate" for each local jurisdiction. The Maximum rate is a weighted s average. The Legislature assumed that each non-charter county, including Collier 9 County, in its self-interest, imposed upon (or negotiated with) all cable television lo franchisees to collect permit fees, franchise fees and other fees at their highest ~, possible levels pursuant to previously existing, applicable laws. These potential ~2 maximum revenues were totaled. The Legislature then divided the potential ~3 (assumed) maximum sum of revenues for each respective non-chartered county ~4 by the sum total of the new assumed taxable base for each respective non- ~5 chartered county, including Collier County; and 16 WHEREAS, it is the intent of this Resolution to acknowledge that, ~7 pursuant to the Act, Collier County's initial Local Communications Services is Conversion rate 0f2.30% will automatically take effect as of October 1, 2001; ~9 and 20 WHEREAS, applying the Act, Collier County is authorized to elect to 21 continue after October 1, 2001, to collect road and rights-of-way permit fees from 22 all providers of communications services that use or occupy County roads or rights- 23 of-way or, in the alternative, elect not to collect those permit fees as of October 1, 24 2001, and, in that event to submit to the Florida Department of Revenue a notice of 25 its election to increase the County's local communications services tax r rte bg.q~A JUN g:6 200'{ 6 7 8 9 10 11 .~12 13 14 15 16 17 18 19 20 21 22 23 24 amount not to exceed 0.24 percent to replace the revenue Collier County would otherwise receive from permit fees not collected from the providers of communications services; and WHEREAS, Collier County elects to notify the Florida Department of Revenue that Collier County elects to continue to collect these permit fees subsequent to October 1,2001. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. Collier County hereby adopts or otherwise acknowledges by operation of the Act, as amended, a new local communications services tax conversion rate of 2.30 % applicable to Collier County will automatically become effective as of October 1, 2001. 2. Subsection 202.20(2)(a) 4, Florida Statutes (2001), a part of the ACT, authorizes Collier County, by Resolution or Ordinance, to acknowledge this local communications services tax rate. The Board adopts this Resolution in accordance with that authorization. 3. Collier County hereby gives NOTICE to the Florida Department of Revenue that Collier County elects, subsequent to October 1, 2001, to continue to collect permit fees from providers of communications services for use or occupancy of the County's roads and rights-of-way. AGENDA ITEM No. ,, JUN ~ 6 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 4. This Resolution shall take effect immediately upon adoption. ADOPTED this __ day of second and majority vote in favor of adoption. ,2001 after motion, ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency. Thomas C. Palmer Assistant County Attorney AGENDA ITEM No._ JUN 2 6 2001 EXECUTIVE SUMMARY RESOLUTION TO ESTABLISH A "NO PARKING" ZONE ALONG THE EASTERN RIGHT-OF-WAY OF SPRUCE STREET BETWEEN US 41 (SR 90) AND WASHINGTON AVENUE AS PLATTED IN INOMAH SUBDIVISION, PLAT BOOK 2, PAGE 82. OBJECTIVE: Approval of a resolution to establish a "No Parking" zone along the eastern right-of-way of Spruce Street Between US 41 (SR 90) and Washington Avenue as platted in Inomah Subdivision, Plat Book 2, Page 82. CONSIDERATION: Upon the request of the Business Owner that a parking prohibition be established on the eastern right-of-way along Spruce Street at US 41 (SR 90) and in the interest of the on-going beautification to the mini-triangle area, The Traffic Operations Section of the Transportation Operations Department conducted a site investigation. Results of the investigation indicate that Spruce Street is a narrow roadway and parking in the right-of-way is beginning to damage the edge of pavement and eroding the right-of-way. It is deemed in the best interest of Collier County to prohibit parking at this location. ~FISCAL IMPACT: The estimated cost for the installation of the new signs is $180.00 ~ (3 signs at $60 each). Funds are available in Road and Bridge Fund 101. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve the attached Resolution, notify the Sheriff's Department of the parking restriction, and direct the Transportation Operations Department to to install the appropriate signing. SUBMITTED BY: ~ Tipto~~erations Manag ~///~~~ Date: g/- Edg~?x/~'~. Ka~ansportation Operations Director ~¢~ Date: APPROVED BY: ~°}~an E. ~eder, A.I.C.P., Transportation Administrator / REVIEWED BY: AGENDA ITEM No. lc. ~ .I JUN 2 6 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 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 RESOLUTION NO. 2001- RESOLUTION TO ESTABLISH A "NO PARKING" ZONE ALONG THE EASTERN RIGHT-OF-WAY OF SPRUCE STREET BETWEEN US 41 (SR 90) AND WASHINGTON AVENUE AS PLATTED IN INOMAH SUBDIVISION, PLAT BOOK 2, PAGE 82. WHEREAS, on May 20, 1980, the Board of County Commissioners adopted Collier County Ordinance No. 80-47 regulating parking in the unincorporated areas of Collier County; and WHEREAS, Section Four, Paragraph 2 of said ordinance authorizes the Board of County Commissioners to adopt resolutions designating certain areas along County roads as being areas in which parking, standing or stopping are restricted or prohibited, and upon adoption of said resolutions by the Board of Commissioners, such roads shall be posted with signs specifying the restrictions or prohibitions of parking, standing, or stopping; and WHEREAS, a request has been submitted for the establishment of a "no parking" zone within the existing platted street; and WHEREAS, through an investigation of the area by Collier County Transportation Operations Department, it has been determined to be in the interest of the County to establish a "No Parking" Zone along the County road right-of-way within the platted areas of Spruce Street. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT the following County road right-of-way be designated as a "No Parking" Zone and said road be posted as necessary with signs specifying that parking is prohibited at any time: "NO PARKING" is to extend from US 41 (SR 90) to Washington Avenue along the eastern right- of-way of Spruce Street as recorded in Plat Book 2, Page 82 of the Public Records of Collier County. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BY: Approved as to form and legal sufficiency: Heidi 1~. Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JOHN D. CARTER, Ph.D., Chairman AGENDA ITEM No.~ t~/3 ~ _ I JUN 2 6 Pg. EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM. OBJECTIVE: To approve the attached re'solution authorizing the Chairman of the BCC to execute the DBE plan and to authorize the Public Transportation Manager to sign any assurances, certifications and other documents which may be required in connection with this Program or subsequent Programs. CONSIDERATION: The BCC has received Federal financial assistance from the Federal Transit Administration (FTA), and as a condition of receiving this assistance, the BCC must to comply with 49 CFR Part 26. The (BCC) is required to establish a Disadvantaged Business Enterprise (DBE) program in accordance with regulations 0fthe U.S. Department of Transportation (DOT), 49 CFR Part 26. A DBE Program ensures that DBE's as defined in part 26, have an equal opportunity to receive and participate in FTA-assisted contracts by ensuring nondiscrimination in the award and administration of FTA assisted contracts. FISCAL IMPACT: None. This DBE Program is only applicable to FTA and FDOT funded contracts used by the BCC to provide public transportation. GROWTH MANAGEMENT IMPACT: There is no impact to the County adopted Growth Management Plan. RECOMMENDATION: That the Board adopt the DBE Program and Goal Setting Process and authorize the Chairman to execute the Program. That the Board authorize the Public Transportation Manager to sign any assurances, certifications or other documents which rfiay be required in connection with the DBE Program and subsequent Programs and approve any budget amendments necessary to implement the Program. Prepared by: ~ David ;ion Manager Reviewed bY:D~w~f[ Approved bY'.N6~ Date: 06/08/01 ~n Feder, Transportation Services Administrator Date: 06/08/01 Date: 06/08/01 AG .o. JUN 2 6 2001 1 2 3 4 5 6 7 8 '9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM. WHEREAS, The Collier County .Board of County Commissioners (BCC) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of CoUnty Commissioners,' Naples, Florida: That it is the policy of the Board of County Commissioners to ensure that Disadvantaged Business Enterprise's, as defined in 49 CFR part 26, have an equal opportunity to receive and participate in contracts partially or fully funded by The Federal Transit AdministratiOn. 2. That the policies and pr/>cedures set forth in the DBE Program and the DBE Goal Setting Process are approved. That James D. Carter, Chairman of the Collier County Board of County Commissioners is authorized to execute' the Objectives/Policy Statement of the Collier County DBE Program. That David P. Hope, Public Transportation Manager, is authorized to sign any and all assurances, certifications and other documents which may be required in cbrmection with the Program or subsequent Programs. THIS RESOLUTION ADOPTED THIS 26th DAY OF June, 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 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: _ ...... !Qlqueli~j~ Robinson, Assistant County Attorney 'A JUN 2 6 2001 !::'~1. ~-- RESOLUTION NO. 2001. A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE (I)BE) PROGRAM. WHEREAS, The Collier COunty Board of County Commissioners (BCC) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, Naples, Florida: That it is the policy of the Board of County Commissioners to ensure that Disadvantaged Business Enterprise's, as defined in 49 CFR part 26, have an equal opportunity to receive and participate in contracts partially or fully funded by The Federal Transit Administration. 2. That the policies and procedures set forth in the DBE Program and the DBE Goal Setting Process are approved. 3. That James D. carter, Chairman of the Collier County Board of County Commissioners is authorized to execute the Objectives/Policy Statement of the Collier County DBE Program. 4. That David P. Hope, Public Transportation Manager, is authorized to sign any and all assurances, certifications and other documents Which maY be required in connection with the Program or' subsequent Programs. THIS RESOLUTION ADOPTED THIS 26th DAY OF June, 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 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~a{quel~he Robin~oh, Assistant'County Attorney AGENDA ITEM JUN 2 [ 2001 Pg... ~ RESOLUTION NO. 2001~ A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM. WHEREAS, The Collier County Board of County Commissioners (BCC) has established a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, Naples, Florida: 1. That it is the policy o£the Board of County Commissioners to ensure that Disadvantaged Business Enterprise's, as defined in 49 CFR part 26, have an equal opportunity to receive and participate in contracts partially or fully funded by The Federal Transit Administration. 2. That the policies and procedures set forth in the DBE Program and the DBE Goal Setting Process are approved. 3. That James D. Carter, Chairman of the Collier County Board of County Commissioners is authorized to execute the Objectives/Policy Statement of the Collier County DBE Program. 4. That David P. Hope, Public Transportation Manager, is authorized to sign any and all assurances, certifications and other documents which may be required in connection with the Program or subsequent Programs. · THIS RESOLUTION ADOPTED THIS 26th DAY OF June, 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 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ',..-~ 0~cqu¢tine Robinsbo~, Assistant County AttorneY JUN Pg. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM Definitions of Terms The terms used in this program have the 'meanings defined in 49 CFR Part 26 in its entirety. Objectives/Policy Statement The Collier County Board of County Commissioners (BCC) has established :a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of TransPortation (DOT), 49 CFR Part 26. The BCC has received Federal financial assistance from the Federal Transit Administration (FTA), and as a condition of receiving this assistance, the BCC agrees to comply with 49 CFR Part 26. It is the policy of the BCC to ensure that DBE's as defined in part 26, have an equal opportun/ty to receive and participate in FTA-assisted contracts. It is also our policy - 1. To ensure nondiscrimination in the award and admirfistration of FTA assisted contracts; 2. To create a level playing field on which DBE's can compete fairly for FTA assisted contracts; 3. To ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4. To ensure that only firms that fully, meet 49 CFR Part 26 eligibility standards are permitted to participate as DBE's; 5. To help remove barriers to the part/cipat-ion of DBE's in FTA assisted contracts; and 6. To assist the development of firms that can compete successfully in the market place outside the DBE Program. 7. To adopt to the fullest extent possible, the policies, procedures and rule~ as set forth in 49 CFR Part 26. 8. In the event of any conflict betwee~ these objectives and 49 CFR Part 26, 49 CFR Part 26, as amended, shall be controlling. 9. The policies and procedures herein may be changed from time to time to be consistent with 49 CFR Part 26, as amended. David P. Hope, Public Transportation Manager, has been delegated as the DBE Liaison Officer. In that capacity, Mr. Hope is responsible for/mplementing all aspects of the DBE program. Implementation of the DBE program is accorded the same priority as compliance with all other legal obligations incurred by the BCC in its financial assistance agreements with the FTA. PO. '-~ Mr. Hope has disseminated this policy statement to the BCC and all the components of our organization. We will distribute this statement to DBE and non-DBE business communities that perform work for us on FTA-assisted contracts as an attachment to each contract. James D. Carter, Chairman Date Nondiscrimination.' The BCC will not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on the basis of race, color, sex, or national origin. In administering its DBE program, the BCC will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect to individuals of a particular race, color, sex, or national origin. DBE Program Updates We will continue to carry out this program until ail funds from FTA financial assistance have been expended. We will provide to FTA updates representing significant changes in the program. Quotas We will not use quotas in any way '/n the administration of this DBE program. DBE T .;o;~. t~.~r rrm~'T r~x We have designated the following individual as our DBE Liaison Officer, David P. Hope, 2477 J & C Blvd., Naples, F1 34109. 941 592-9768. Davidphope@aol.com, Mr. Hope is responsible for implementing all aspects of the DBE program and ensuring that the BCC complies with all provisions of 49 CFR Part 26. Mr. Hope has direct, independent access to the County Manager concerning DBE program matters. AGEND~ ITEM JUN 2 6 2001 The DBELO is responsible for developing, implementing and monitoring the DBE program, in coordination with other appropriate officials and the Purchasing Department. Duties and responsibilities include the following: 1. Gathers and reports statistical data and other information as required by FTA. (DBELO). 2. Reviews third party contracts and purchase requisitions for compliance with this program. (DBELO .and Purchasing) 3. Ensures that bid notices and requests for proposals are available to DBE's in a timely manner. (Purchasing) 4. Identifies contracts and procurements so that DBE goals are included in solicitations (both race-neutral methods and contract specific goals) and monitors results. (Purchasing and DBEL©) 5. Analyzes the BCC's progress toward goal attainment and identifies ways to improve progress. (DBELO) 6. Participates in pre-bid meetings. (Purchasing) 7. Advises the County Manager on DBE matters and achievement. (DBELO) 8. Provides outreach to DBE's and community organizations to advise them of opportunities. (DBELO)' 9. Utilize the DBE Directory published by the Florida Department of Transportation to identify certified DBE's. (DBELO) 10. The BCC will distribute Form Number 275-030-01, Schedule A Certification Form Number 1, tO potential DBE contractors and assist in their completion. (Purchasing and DBELO) 11. Eligible local entities will be added to the DBE Directory.' Federal Financial Assistance Agreement Assurance The BCC agrees to the following assurance, applicable to all FTA-assisted contracts and their adn-dnistration: The BCC shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT assisted contract or in the administration of its DBE Program or the requirements of 49 CFR part 26. The recipient shall take all necessary and reasonable steps under 49 CFR part 26 to ensure nondiscrimination in the award and administration of DOT assisted contracts. The recipient's DBE Program, as required by 49 CFR part 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the BCC of its failure to carry out its approved program, the Department may impose sanctions aslprov~k~l~ ITI~M under part 26 and may, inappropriate cases, refer.the matter ~or~. [~,,~ JUN 2 6 2001 i 3 Dg. 7 enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). DBE Financial Institutions It is the policy of the BCC to investigate the full extent of services offered by financial institutions owned and controlled by socially ahd economically disadvantaged individuals in the Community, to make reasonable efforts to use these institutions, and to encourage, prime contractors on FTA-assisted contracts to make use of these institutions. Directory The BCC will utilize the Florida Department of Transportation (FDOT) Directory that identifies ali firms eligible to participate as DBE's. The directory lists the firm's name, address, phone number, date of most recent certification, and the type of work the firm has been certified to perform as a DBE. The Directory will be available at the Collier County Purchasing Department The Directory of the Florida Department of TransPortation's certified Disadvantaged Business Enterprises is provided as a one-stop compilation of firms which have been certified through Florida Department of Transportation's Disadvantaged Business Enterprises program. The Directory is provided as an informational source fo~ prime and subcontractors, prime and subconsultants as well as local and federal agencies. The Directory will be used by the BCC to assist in reaching race conscious goals (where a contract specific goal has been placed on a project). The Directory will B,-,- to assist the in reaching race neutral goals (where no also be used by the c-,-- specific contract goal has been placed on a project). The latest edition of the Directory has been compiled by the Dep'artment's Equal Opportunity Office. The Directory Contains a list of the Disadvantaged Business Enterprises certified to compete in the contract activities of the Department. Contractors wishing to use minority or women owned companies which are not certified should encourage the potential Disadvantaged Business Enterprise Contractor to complete the certification application and submit it to the Department' for review. CoIIier County will encourage local DBE's to participate in the DBE 1- 4 ;ogr~ENDAJTI~M JUN 21i 2001. If you have any questions regarding certification, please contact the Equal Opportunity Office at .(850) 414-4747. Over concentration The BCC has not identified an over concentration. Required Contract Clauses Contract Assurance We will ensure that the following clause is placed in every FTA-assisted contract and subcontract: The contractor or subcontractor shall not discrimi'nate on the basis of race, color, national origin, or sex in.the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of FTA assisted contracts. Failure by the contractor to.carry out these requirements is a material breach of this contract, which' may result in the termination of this contract or such other remedy as the recipient deems appropriate. Prompt DBE Payment We will include the following clause in each FTA-assisted prime contract: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 10 days from 'the receipt of each payment the prime contractor receives from the BCC. The prime contractor agrees further to return retainage payments to each subcontractor within 15 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur ordy for good cause following written approval of the BCC. This clause applies only to DBE subcontractors. Monitoring and Enforcement Mechanisms We will bring to the attention of' the U.S. Department of Transportation any false, fraudulent, or dishonest conduct in connection with the program, so that DOT can take the steps (e.g., referral to the Department of Justice for crimin~. prosecution, referral to the DOT Inspector General, action under suspe: ~.- JUN 2 § ~00! P~.. debarment or Program Fraud and Civil Penalties rules) provided in 26.109. also will consider similar action under our own legal authorities, including responsibility determinations in future contracts. We Overall Goals The BCC has established an overall goal of 11.49 % for minority participation in accordance with US Department of Transportation, 49 CFR Part 26.45. Process The BCC will submit its overall goal to FTA on or before August 1st c~f each year. Before establishing the overall goal each year, the BCC will consult with the Collier County Chamber of Commerce, other County government and the Florida Department. of Transportation to obtain information concerning the availability of disadvantaged and non-disadvantaged businesses, the effects of discrimination on opportunities for DBE's, and the BCC's efforts to establish a level playing field for the participation of DBE's. Following consultation, the BCC will publish a notice of the proposed overall goal informing the public that the proposed goal and.its rationale will be available for inspection during normal business hours a~ the Collier County Purchasing Department for 30 dayS following the date of the notice. Collier County, DOT and FTA will accept comments on the goals for 45 days from the date of the notice published in the local newspaper and on the Collier County Board of County Commissioners' website. Normally, the BCC will issue this notice by June I of each year. The notice will include addresses to which comments may be sent and addresses including the Purchasing Department, and website where the proposal may be reviewed. The BCC's overall goal submission to DOT and FTA will include a summary of information and comments received during this public participation process and the BCC's responses. The BCC will begin using the overall goal on October 1 of each year, unless the BCC receives other instructions from DOT or FTA. The first year's goals will be used upon approval by the FTA. JUN 2 6 2001 Breakout of Estimated Race,Neutral and Race-Conscious Participation The BCC estimates that, in meeting an overall goal of 11.49% as referenced in this policy under Overall Goals, the BCC will obtain 10.23 % from race-neutral participation and 1.26% through race-conscious measures. This is Collier County's first DBE Plan. Therefore, historical data for the breakout is not available. The BCC will meet the maximum feasible portion of its overall goal by using race-neutral means of facilitating DBE participation. The BCC will use the following race-neutral means to increase DBE participa~on: The BCC will provide information on business opportunities for DBE's through the use of local newspapers and other media The BCC will encourage the formation of joint ventures between DBE's and between.disadvantaged and non-disadvantaged firms which provide opportunity for DBE's to gain experience. The BCC will consider establishing pro-rated payment and detivery schedules so as to minimize cash flow problems faced by Small firms. The BCC will, when necessary, hold back until completion no more than 10 percent of monies under a contract to a disadvantaged business enterprise to enable it to maintain a positive cash flow. The Purchasing Department will provide DBE's with the opportunity to review and evaluate similar successful bid documents. The Purchasing Department will provide DBE's with the opportunity to obtain information on the specific reasons for unsuccessful bids through debriefing sessions The Purchasing Department will attempt to work closely with financial institutions, insurance and bonding companies, and prime contractors in an effort 'to alleviate financial barriers to participation. The County will consider waiving, or reducing bonding and insurance, where legally possible. The Purchasing Department will place ail bid notices in local newspapers and will include appropriate DBE's on mailing lists of bid notification. The Purchasing Department will make bid specifications available to all known DBE contractors and professional associations within a: reasonable geographic area. Additional information pert'aining to the goal setting process is available in the attached Section entitled: "Disadvantaged Business Enterprise (DBE) Program Goal Setting Process." 2 6 2001 The BCC Will adjust the estimated breakout of race-neutral and race-conscious participation as needed to reflect actual DBE participatio, n, and the BCC will track and report race-neutral and race-conscious participation separately. For reporting purposes, race-neutral DBE participation includes, but is not necessarily limited to, the following: · DBE participation through a prime contract that a DBE obtains through customary competitive procurement procedures. · DBE participation through, a subcontract on a prime contract that does not carry a DBE goal. · DBE participation on a primb contract exceeding a contract goal. · DBE participation through a subcontract from a prime contractor that did not consider a firm's DBE status in making the award. Contract Goals The BCC will use contract goals to meet any portion of the overall goal the County does not project being able to meet using race-neutral means. Contract goals are established so that, over the period to which the overall goal applies, they will cumulatively result in meeting any portion of the BCC's overall goal that is not projected to be met through the use of race-neutral means. The BCC will establish contract goals only on those FTA assisted contracts that have subcontracting possibilities, The BCC need not establish a contract goal on every such contracti and the size of contract goals will be adapted to the circumstances of each such contract. 0E~g. type and location of work, availability of DBE's to perform the particular type of work. The BCC will express our contract goals as a percentage of the total amount of a DOT or FTA assisted contract. Transit Vehicle Manufacturer (TVM) The BCC will require each transit vehicle manufacturer, as a condition of being authorized to bid or propose on FTA assisted transit vehicle procurement, to certify that it has complied with the requirements of this section. Alternatively, the BCC may, at its discretion and with FTA approval, establish project specific goals for DBE participation in the proc. urement of transit vehicles in lieu of the TVM complying with this element of the program. JUN 2 6 2001 Good Faith Efforts The BCC will treat bidder compliance with good faith effort requirements as a matter of responsibility. Each solicitation for which a contract goal has been established will require the bidders to submit the following information with submitted bid: · The names and addresses of DBE firms that wilI participate in the contract. · A description of the work that each DBE will perform. · The dollar amount of the participation of each DBF firm participating. · Written documentation of commitment to use a DBE subcontractor whose Participation it submits to.meet a contract goal. · Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor's commitment. · If the contract goal is not meet, evidence of good faith efforts. : Demonstration of Good Faith Efforts The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so either by meeting the contract goal or documenting good faith efforts. Examples of good faith efforts are: 1. Description of efforts to inform DBE's of subcontracting opportunities; inclusive of pre-bid meetings with DBE's and awards from such meetings. 2. List of advertisements in general circulation media, trade association publications, and minority focus media at least 16 days before bid or proposals are due. 3. List of DBE's notified that their interest in the contract is solicited. 4. Efforts to select portions of the work or develop specific subcontracting opportunities to be performed by DBE's. 5. Efforts to negotiate with DBE's for specific sub bids. 6. List of DBE's rejected and rationale for rejection. 7. Efforts toasszst' DBE's to obtain bonding or insurance required bY the contractor or County. Three of the seven examples, inclusive of number three, shall be considered a good faith effort. AGENDA~ITEM JUN 2 6 2001 'pg. The Collier County Purchasing Department shall be responsible for determining whether a bidder has met the contract goal or has documented sufficient good faith efforts to be regarded as responsive. The BCC will ensure that all information is complete and accurate and adequately documents the bidder's good faith efforts before the BCC will commit to the performance of the contract by the bidder. Administrative Reconsideration The County will have available copies of 49CFR Part 26 for any contractor. Within five work days of being informed by the BCC that it is not responsive because it has not documented sufficient good faith efforts, a bidder may request administrative reconsideration The bidder should make this request in writing to the following reconsideration official: the Purchasing Director, Purchasing Department. The reconsideration officiaI will not have played any role in the original determination that the bidder did not document sufficient good faith efforts. As part of this reconsideration, the bidder will have the opportunity to provide written documentation or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do so. The bidder will have the opportunity to mee~ in person with the. reconsideration official to discuss the issue of whether it met the goal or made adequate good faith efforts to do so. The BCC will send the bidder a written decision on reconsideration, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. The result of the reconsideration process is not administratively appeal able to the Department of Transportation or FTA. Good Faith Efforts when a DBE is replaced on a Contract The BCC will require a contractor to make a good faith effort to replace a DBE that is terminated or has otherwise failed to complete its work on a contract with another certified DBE to the extent needed to meet the contract goaI. The BCC will require the prime contractor to notify the DBELO immediately of the DBE's inability or unwillingness to perform and provide reasohable documentation. In this situation, the BCC will require'the prime contractor to obtain prior approval of the substitute DBE and to provide copies of new or amended subcontracts, or documentation Of good faith efforts. If the contractor fails or refuses to comply in the time specified,, the contracting office will issue an order stopping all or part of payment/work until satisfactory action has been JUN 2 6 2001 the contractor still fails to comply, the contracting officer may issue a termination for default proceeding. Counting DBE Participation The BCC will count DBE participation toward overall and contract goals as provided in 49 CFR 26.55. DBE credit will be awarded o.nly for work actually performed by DBE's themselves. When a DBE prime contractor or subcontractor subcontracts work to another firm, the work counts toward DBF goals only if the other firm is itself a DBEi Certification The BCC honors the State of Florida certification program whicl4 uses the certification standards of subpart D of part 26 and the certification procedures of subpart E of part 26 to determine the eligibility of firms to participate as DBE's in DOT or FTA assisted contracts. To be certified as a DBE, a firm must meet ali certification eligibility standards. The certification decision is based on the facts as a wh°le. Process The State of Florida certification application form and documentation requirements are available from the Secretary of State's Office. Challenges to Certifications Challenges to a certification may occur based on the failure to adhere to the core criteria or to the u~orm eligibility rules and procedures, or on the grounds of misrepresentation or fraud by the certified DBE. Ali challenges are thus to be based on fact and not.supposition. : The following is the procedure by which challenges will occur: Challenging entities must complete a challenge form, which states the grounds on which the action is being taken, m~d provide for recommendations. This written or mail notice must be issued within 10 days of receiving notice of the Certification decision. After having reviewed the comments and findings of the challenging entity, an investigation by using traditional fact-finding methods for eligibility reviews wilI be conducted. AGEND/M~M JUN 2 6 2001 $. The Certifying entity will reconsider its eligibility determination and submit a written notice to 'the applicant and the challenging entity within 30 days after the receipt of the notice of challenge. The Minority Business Advocacy. and 'Assistance Office (MBAAO) is to be copied. 4. If the original certification-determination is revoked, the challenged entity must subsequently submit a' timely written notice to the DBE of its intent to revoke certification. Due process rights are to be extended in cases of revocation. As part of its review, the MBAAO will then undertake the following: a. Review all file documents and tape recor'dings related to the challenged firms. b. Review the correspondence stating the challenges, the response to the challenges, and, if applicable. The recommendations for revocation of certification. c. Identify deficiencies in analysis process or procedures. d. Document findings and outcomes. Make recommendations for corrective action, i.e. more training, monitoring, etc. e. Submit a report to the secretary of the Department of Labor and Employment Security on the result of the review. When the MBAAO receives three' or more challenges to it's certifications, the process as described above Will be repeated by an internal review committee. H/J/Duties of Transportation Administrator/DBE 6/5/0t 12 AGEItl,JD_P~ITE_-_M No. t~D '-) - JUN 2 6 2001 DISADVANTAGED .BUSINESS ENTERPRISE (DBE) PROGRAM GOAL SETTING PROCESS The Collier County Board of County' Commissioners (BCC) has established :a Disadvantaged Business Enterprise (DBE) program in accordance with regulations of the U.S. Department of Transportation (DOT), 49 CFR Part 26. The BCC has received Federal financial assistance from the Federal Transit Administration (FTA), and as a condition of receiving this assistance, the BCC agrees to comply w/th 49 CFR Part 26. It is the policy of the BCC to ensure that DBE's as defined in part 26, have an equal opportunity to receive and participate in FTA-assisted contracts. The BCC will not exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR Part 26 on th.e basis of race, color, sex, or national origin. In administering its DBE program, the BCC will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE program with respect ~o individuals of a particular race, color, sex, or national origin. The Goal setting process contained in this Attachment to Collier County's Disadvantaged Business Enterprise Program outlines the adopted process to determine the relative availability of DBE's to perform the types of contracts anticipated in FY 2000/2001. The purpose of this process is to determine the percentage of all ready, willing and able "Establishments" that are DBE'S and to establish a DBE Goal. U.S. Department of Transportation (DOT), 49 CFR Part 26 establishes a Three Step Process. Each step used by Collier County is outlined below. Step 1 Collier County expects to have contracting or subcontracting possibilities identified by NAICS codes 48-49 and 54. Staff identified 710 ready, willing and able certified DBE's (certified by the FDQT, Equal Opportunity Office, in the Disadvantaged Business Enterprise Directory) that currently provide service in our area. 41 of the 71-0 DBE's provide service identified by NAICS codes 48-49 and 388 provide service identified by code 54. JUN 2 6 2001 pg. Staff identified 16,921 ready, willing and able TOTAL establishments (DBE and non DBE combined) that currently provide service in our service area. 402 of the 16,921 establishments provide service identified by NAICS 'codes 48-49 and 2,110 provide service identified by code 54. The process used to obtain the percent of DBE' s to TOTAL establishments by NAICS code and the potential contract percent is iljustrated below. NAICS Codes 48-49 DBE 4'1 = 10.2% Total 402 NAICS Codes 54 DBE - 388 = 18.39% . Total ' 2110 Collier County anticipates spending 11.49% ($116,048.35) of all FTA funds ($1,010,200, exclusive of vehicle purchases) in NAICS codes 48-49 and 54. FTA FUNDS *Possible Contract Funds $116,048 -- 11.49% $1,010,200 Total FTA Funds *Includes NAICS Codes 48-49 (Fuel, $105,548) and 54 (Printing, $I0,50(~) Step 2 Step 2 of the Goal setting process is designed to adjust the Step One base figure to make it as precise as possible. All "relevant and reliable" data must be gathered and considered during this step of the process. (Relevant and reliable data include past participation, evidence from "disparity" studies, statistical disparities in the ability of D£E's to obtain financing, etc., data on self employmeht, education and training, and any other data that would help to better measure the percentage of work that D£E's would be likely to obtain in the absence of discrimination.) (Many different types of studies have been referred to as disparity studies. The term is broadly used in the regulation to mean any type of study designed to investigate the existence of discrimination in contracting.) Staff is not aware of any disparity studies pertaining to this area. This is Collier County's first DBE Plan. Therefore, lacking available statistics and historical data, a step 2 adjustment is not anticipated during FY 2000/2001. A step 2 adjustment wilt be performed in the FY 2001/2002 DBE Plan. ,, JUN 2 6 2001 , Step 3 Race/Gender-Neutral and Race/Gender-Conscious Split methodology. Staff reviewed the "U.S Department of Transportation Office of Small and Disadvantaged Business Utilization" guidelines prior to preparing the DBE Goal. The guidelines for step 3 provide assistance in determining what factors to consider in projecting the overall portion of the goal that will be met through race/gender-neutral means. With one exception, the examples are based on past participation or experience. As in step 2, this is our first plan. Therefore, in determining the race/gender-neutral and race/gender-conscious split, staff used the available date below. Chart A Percent of DBE's Prime and Sub Contracting Possibilities Percent possible Contracts of total FTA Funds ,010,200 16,048 11.49% Amount Percent Race/Gender-Neutral I' I $ 103,352 10.23% Race/Gender-Conscious $ 12,696 1.26% Balance of FTA Funds $ 894,152 88.51% Total FTA Funds $ 1,010,200 100.00% JUN 2 6 2001 EXECUTIVE SUMMARY AUTHORIZE STAFF TO EVALUATE THE OPPORTUNITY FOR AND IF FEASIBLE DEVELOP A PLAN FOR A MUNICIPAL SERVICES BENEFIT AND/OR TAXING UNIT FOR T. HE IMPROVEMENTS TO WHIPPOORWILL LANE INCLUDING THE EAST/WEST CONNECTION TO LIVINGSTON ROAD OBJECTIVE: That the Board direct staff to evaluate the feasibility and bring back a recommendation on the development of an MSBUfTU for the Whippoorwill Lane improvements. CONSIDERATIONS: The Collier County BCC has taken prior action, including general commitments for right-of-way dedication and construction of the majority of the north/south portion of Whippoorwill Lane south of Pine Ridge Road. Staff met with representatives of the planned unit developments along this corridor in regard to when the right-of-way dedications need to take place and the design and construction of Whippoorwill Lane by one or more of the developers. Staff requested modification of the roadway design developed by the Whippoorwill Woods development to allow for the ability to expand the initial two lanes to an ultimate four- lane facility. Staff committed that the redesign would be considered eligible for reimbursement by impact fee credits under the prior BCC direction and approval. With current project priorities, overall funding shortfall and no funding commitments to connect the first phase of the Whippoorwill Lane improvements to Livingston Road, the Transportation Division staff has been seeking alternative methods for funding the improvements to Whippoorwill Lane which if only constructed within the Phase I limits will not have a direct public benefit and will serve solely as an access for the new developments. The concept of the MSBUFFU provides an opportunity to not only fund the improvements but to complement the facility with above normal landscaping and lighting opportunities and provide a long-term funding source for the maintenance of the potential enhancements. The concept will be further evaluated as to type of unit, what could be funded, how it would be applied and opportunity for reimbursement if portions were constructed in advance. Staff will bring back a status of the evaluation at the July 31, 2001 BCC meeting. FISCAL IMPACT: The direction of Board does not create a fiscal impact. Implementation of the MSBUFFU would have a positive fiscal impact in creating a project specific capital and maintenance resource. GROWTH MANAGEMENT IMPACT: part of the County Transportation Management Plan. Interconnection of roadways and providing for Network is consistent with the Growth .o. JUN 2 6 2001 Pg. / RECOMMENDATION: Whippoorwill Lane Improvement MSTU/BU. /~~ Date: Prepared by: I~a~n-I~LW~l,,~n~. ajti~-~~ Planning Director Reviewed by: A ~_ ~~ J~ue~ Hub~R~bi~on,~ Assistant County Attor~a~: Appr°ved bY: ~o~an E~er, .~sp~n Se~i~s Administrator That the Board direct staff to evaluate the opportunity for a AGENDA REM No. JUN 2 6 2001 Pg. EXECUTIVE SUMMARY APPROVE WORK ORDER NO. BRC-FT-01-05 WITH BETTER ROADS, INC. FOR INTERSECTION IMPROVEMENTS AT COLLIER BOULEVARD (CR-951) & DAVIS BOULEVARD, Proj. No. 60016 OBJECTIVE: To receive the Board of County Commissioners approval of Work Order # BRC- FT-01-05 for intersection improvements at Collier Blvd. & Davis Boulevard. CONSIDERATIONS: Intersection improvements at Collier Blvd. & Davis Blvd. consists of constructing a northbound right turnlane and extending the northbound left mrnlane on Collier Blvd. This work order utilizes the annual contract for Roadway Contracts, Contract # 98-2905. Three proposals were received, as follows: APAC-Florida, Inc. Better Roads, Inc. Bonness, Inc. $77,970.00 $56,307.65 $74,483.91 The work order has been prepared for Better Roads, Inc. for a lump sum amount of $56,307.65 'X"'"FISCAL IMPACT: Funds in the amount of $56,307.65 are budgeted in the Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That Transportation Operations Director Board. Richard~ J. Hellriegel, P.E.~- Seniot~roj ect Manager Tr ortation O eratio De ent REVIEWED BY ~r~'~t~o~; Department Nr~a~ Feder, A~lministrator Tran3portation Division / Attachment: Work Order # BRC-FT-01-05 RJH:rh the Board of County Commissioners authorize the to approve Work Order BRC-FT-01-05 on behalf of the Date / AGENDA ITEM JUN 2 6 pg._. i WORK ORDER # BRC-FT-01-05 "Annual Contract for Roadway Contracts" Contract 098-2905, 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: Collier Boulevard (CR-951) / Davis Boulevard Intersection Improvements. The work is specified in the proposal dated May 7, 2001 which is attached hereto and made pan of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #BRC-FT-01-05 is assigned to Better Roads, Inc. Scope of Work: As detailed in the attached proposal and the following: Task I - Construct a northbound right turn lane and extend the northbound let turn lane at the intersection of Collier Boulevard (CR-951) and Davis Boulevard in accordance with the drawings as prepared by the Transportation Operations Department, Sheets 1 & 2 dated March 1, 2001 Schedule of Work: Complete work within 30 Calendar Days fi, om receipt of the Notice to Proceed. ~: In accordance with the Agreement, the County will compensate the Firm in accordance with negotiated lump sum of $56,307.65 as provided in the attached proposal. Lump Sum $ 56,307.65 TOTAL FEE ~/56.307.65 Any change made subseque~to charged according to an elge~'~ited Approved By: Edward J. ~ P.E~fion ~fions Dkcc~r Approved as to Form and Lega~ Sufficiency: Assistant County Attorney ACCEPTED BY: to final department approval will be considered an additional service and Change Order as enumerated in Exhibit D of the Agreement. ATTESTS, (Corpora~Secretary) By: x~.. JOAN g. JOHNSOH, CORP. SECREI'AR~ Type Name and Title Date:. 0S/M/01 ]~rl-£~at ROanS INC. Name of Firm Signature Note: BCC needs to authorize the dollar amount and request that BCC to authorize thc Transportation Operations Director to execute the Work Order as part of your Executive Summary. AGENDA ITEM No.~_.~~ JUN 2 6 2001 pg. 2. BETTER ROADS INC ?24 PO1 MAY 31 '01 88:88 BETTER ROADS INC. P.O. BOX 9979 NAPLES, FLORIDA 34101 PHONE: (941) 597-2181 FAX: (941) 597-1597 PROJECT: TURN LANE LOCATION: DAVIS & SR 951 QUOTE 01 ,~,*v 31 ~bf 8:25 BID NO.: 01082 05/31/01 7:16 AM I ITEM QUANTITY 101-1 MOBILIZATION 1.00 LS 102-1 MAINTENANCE OF TRAFFIC 1.00 LS 104-13-1 STAKED SILT FENCE 360.00 LF 110-1-1 CLEARING & GRUBBING 0.34 AC 120-8 EMBANKMENT 82g,00 CY 160-4 SUBGRADE STABILIZATION TYPE "B" 169,00 SY 285-701-007 ASPHALT BASE ABC-3 10" 832.00 SY 331-2 ASPH, CONC, TYPE S OVEPJ-AY 9.00 TN 33%72~8 ASPHALT CONC. TYPE S 1-1/2" 832,00 SY 820-1-7 CURB & GUTTER TYPE "E" 286,00 LF 575-1-1 SODDING ( BAHIA ) 1,344,00 SY 700-46-21 SIGN EXISTING RELOCATE 1.00 AS 70_6.=3__~_REFLECTIVE PAVEMENT MARKERS 44.00 EA 711-4 DIRECTIONAL ARROWS THERM~) .......... 6.00 EA .... 71 I-7 REMOVAL OF PAVEMENT MARKING 1,00 LS 711-35-61 TRAFFIC STRIPE SOLID 6' WHITE 825, 00 LF 711-35-241 TRAFFIC STRIPE SOLID 24" WHITE 16,00 LF 71%36-61 TRAFFIC STRIPE SOLID 8" YELLOW 287,00 LF TOTAL CONDITIONS; NO PERMfTS, FEES OR TESTING INCLUDED, UNIT AMOUNT $4,98,5,00 $4,98500 $2,970,00 $2,970.00 $1.e8 $S94,00 $3,550.00 $1,221.20 $12.25 $10,155.25 $5.45 $921.05 $27.7O $23,O46.40 $70,45 $634,05 $5,?0 $4,742.40 $9.35 $2,674.10 $2.20 $2,956.80 $55.00 $5&00 $4.40 $193,60 --~44-T-.06 ....... $22010-o $330.00 $330,00 $0.50 $412,50 $3.30 $82.80 $0.50 $143.50 $56,307,65 ~ost4t' Fax Note 7671 Page 1 AGENDA ITEM JUN 2 6 2001 EXECUTIVE SUMMARY APPROVE SUPPLEMENTAL AGREEMENT NO. 9 FOR PROFESSIONAL ENGINEERING SERVICES BY CH2MHILL FOR THE CONSTRUCTION OF PINE RIDGE ROAD/CR896 WIDENING (SIX LANING), FROM AIRPORT- PULLING ROAD/CR31 TO LOGAN BOULEVARD, PROJECT NO. 60111; CIE NO. 41 OBJECTIVE: To receive Board approval of Supplemental Agreement No. 9 to the contract for Professional Engineering Services by CH2MHill for the Pine Ridge Road Construction Project. CONSIDERATION: On April 19,1994 the Board approved the Professional Services Agreement with CH2MHill for the design services for the Pine Ridge Road Construction Project. It is anticipated this Supplemental Agreement No. 9 for continued post construction services will be completed by March 31, 2002 for a total cost of $75,338.00. This Supplemental Agreement is necessary due to the design services required to provide revised plans and direction to the contractor for resolutions to numerous conflicts with the new storm water system, the existing water and sanitary force mains, and other field modifications encountered. This agreement will also provide for engineering services for future anticipated utility conflict resolutions. The extension of the duration of this agreement is being adjusted to match actual contract time to date. Contract fee adjustment and status (including this change): Original maximum fee = $ 395,365.00 S.A. # 1 = $125,000.00 S.A. #2 = $ 9,291.00 S.A. #3 = $194,420.00 S.A. #4 = $186,092.00 S.A. #5 = $ 34.954.00 S.A. #6 = $108,991.00 S.A. #7 = $111,921.00 S.A. #8 =$ 91,291.00 S.A # 9 = $ 75,338.00 Current maximum contract fee = $1,332,663.00 FISCAL IMPACT: Funds in the amount of $75,338.00 are available in the District 1 Impact Fees Fund. The source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 41 is consistent with the Transportation Sub-element of the Growth Management Plan. RECOMMENDATION: That the Board approve Supplememtal Agreement No.9 to the contract and authorize by signing the Supplemental Agreement No. 9 for the Professional Services Agreement. AC-~NI~ ITI~M JUN 2 6 200l Project Manager II REVIEWED BY: ~[~-~ ~t~ Dale Bathon, P.E. Senior Project Manager APPROVED BY: APPROVED BY: Stephen L. Miller, P.E. Director,,~r.E. & C.M.Department No- ~ Fede'r, ~dministrator Tran;ortation Services Division DATE: DATE: DATE: DATE: 6.-1 - o~ 2001 Project 60111 S/A No. 09 PINE RIDGE ROAD CONSTRUCTION PROJECT SUPPLEMENTAL AGREEMENT NO. 09 TO PROFESSIONAL SERVICES AGREEMENT This Supplemental Agreement No. 09 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 CH2MIq~L, authorized to do business in the State of Florida, whose business address is 4350 West 'Cypress Street, Suite 600, Tampa, Florida 336074178 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, COUNTY and CONSULTANT heretofore on April 19, 1994 entered into a Professional Services Agreement for the provision of providing Consultant Engineering Design Services for the Pine Ridge Road/C.R. 896 Construction Project. The COUNTY desires to modify the terms of said AGREEMENT and towards that end it is necessary, due to the design services required to provide revised plans and direction to the contractor for resolutions to numerous conflicts with the storm water system, the existing water and sanitary sewer force mains, and other field modification encountered, and said services more fully described in Attachment "A" thereto; and WHEREAS, COUNTY and CONSULTANT agree the addition to the services being contemplated under said AGRF. EMENT, for the Pine Ridge Road/C.R.. 896 Construction Project, are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and Page 1 of 3 JUN 2 6 2001 Pg. professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants contained herein, parties agree as follows: Project 60111 S/A No. 09 and provisions ARTICLE ONE 1. CONSULTANT shall provide to COUNTY Professional Engineering Services in accordance with Attachment "A" of this Amendment; as attached hereto. AGREEMENT. Contract fee adjustments: 2.1 Original maximum contract fee 2.2 S/A Nos. 1 through 8 2.3 S/A No. 9 Current Contract Maximum Fee COUNTY agrees to compensate CONSULTANT for services rendered hereunder prescribed in Attachment "A" as provided in Attachment "B", as outlined in said = $ 395,365.00 =$ 861,960.00 =$ 75,338.00 = $1,332,663.00 3 The schedule for said PROJECT for Professional Engineering Services for the Pine Ridge Road/C.R. 896 Construction Project shall be completed by March 31, 2002. 4 Except as hereby modified, amended, or changed, all terms and conditions of said original AGREEMENT shall remain in full force and effect. Page 2 of 3 AG D rrEM JUN 2 6 2001 PO. 4 Project 60111 S/A No. 09 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Professional Services Agreement for the Pine Ridge Road/C.R. 896 Construction Project the day and year first written above. ATTEST: (As to Chairperson) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORDA By: Dwight E. Brock, Clerk By: James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: A Wimess Wimess By: William47. Grafter, P.E. Senior Project Manager, Transportation (CORPORATE SEAL) Page 3 of 3 2001 " I JUN 2 Ii 200! ATTACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGRF.~MENT TO CONSULTING ENGIN-~RING SERVICES AGREEMF_aNT FOR PINE RIDGE ROAD C.R. 896 [C.R. 31 - 1-75] PROJECT NO. 60111 Supplemental Agreement No. 9 April 10, 2001 DESCRIPTION Supplemental Agreement No.9 includes: Additional Services During Construction for Pine Ridge Road to match the anticipated level of effort required. This task includes time to modify the plans in various locations due to continuous development along the corridor. This includes adding driveways, turn pockets, drainage modifications, striping modifications, changes to cross sections, and showing new utilities on the plans as well as time for project and permit coordination with the'County, SFWMI) and FDOT due to the changes in design. The task includes time to respond to RFI's, and prepare necessary plan revisions: This task includes time-for field observations to ensure construction is proceeding according to the intended design. PART 1. - SCOPE OF WORK TASK I. SERVICES DURING CONSTRUCTION The CONSULTANT will provide additional Services During Construction for Pine Ridge Road to match the anticipated level of effort required. ,NoAO~~M_~ Services are as follows: JUN' 2 6 2001 pg. '~ _ prrscp SA No 9 CH2M 40601.doc Attachment A Pine Ridge Road Supplemental Agreement No. 9 Page 2 April 11, 2001 1.01' Ex/sting Conditions Modifications: 1.02 FDOT Coordination: 1.03 SFWMD Coordination: 1.04 Collier County Coordination: 1.05 Project Management & QC: 1.2 Clarifications - Requests for Information (RFI's): 1.3 On-site Observations: C:kDocumentshMy Documgnts\prrscp SA No 9 CH2M 40601.doc 04/11/2001 Revise design and provide Collier County a construction set of plans complete with quantifies and cost estimate to be incorporated into Contractor's conformed set. FDOT/FHWA coordination. Coordinate with both agencies to inform them of proposed new design modifications and impacts to their facilities. Provide sketches and coordinate all comments and resolutions. Coordinate with SFWMD to inform them of proposed new design modifications and impacts to channel. Provide sketches and coordinate all comments and resolutions. C6ordinate changes with County staff. Provide project management, coordination, safety reviews, and quality control for the new changes. Over the course of construction issues and questions will arise that will require designer input. Anticipated level of input based on prior 6 months of construction is avg. 6 hrs per week for the remaining 9 months of construction. This allows for the designer to visit the site during construction to provide guidance or explanations which will avoid misinterpretations of the plans thus avoiding costly redo of work.. Anticipated level of effort is 2 times per month for the remaining 9 months of construction. Project Engineer would require PM or Drainage Engineer to accompany ProjeCt Engineer once per month to address contract,, dr inag~,13£Nl~lTEM MOT, striping, etc.., issues. No. !~/% ~ JUN 2 6 2001 Pg. q Attachment A Pine Ridge Road Supplemental Agreement No. 9 Page 3 April 11, 2001 PART 2. - PROJECT SCltEDULE: The project design schedule for design services shall be modified as follows: 1. Construction Support Services will continue until March 2002 PART 3. - EXCLUSIONS: The following tasks are not included in the ScOpe of Work for this Supplement: 1. Services other than those specifically listed above. 2. Services requiring more effort than that listed in the Fee Schedule. C:q2~ocumentshMy Docum~nts~prrscp SA No 9 CH2,M 40601.doc 04/11/2001 EXECUTIVE SUMMARY APPROVE AWARD OF BID # 01- 3222 FOR AN ANNUAL CONTRACT FOR THE SALE OF MITIGATION CREDITS TO THE COUNTY OBJECTIVE: Obtain Board's approval for award of Bid # 01-3222 for an annual contract naming Mitigation Credit Sales and Mariner Properties as the successful bidders for obtaining mitigation credits to be used for wetland impacts on future County projects. CONSIDERATIONS: Due to the increase in the number of County projects, particularly road projects, that require the use of wetland mitigation credits due to permittting requirements of the South Florida Water Management District (SFWMD), U.S. Army corps of Engineers and the Florida Department of Environmental Protection, it is deemed to be in the best interest of the County to have firms under contract who are able to provide wetlands mitigation credits in a timely manner. On April 2, 2001, Bid# 01-3222 was publicly advertised, and on April 18, 2001, the bids were opened and tabulated. Mitigation Credit Sales and Mariner Properties Development, Inc., were the two bidders for the annual contract. Both firms were selected because the cost of credits was within the normal range for a mitigation bank. Selection of the bank would also be considered by the type of wetlands that were impacted, depending on the project requirements. FISCAL IMPACT: The funding for mitigation will be budgeted each fiscal year within each respective project. GROWTH MANAGEMENT IMPACT: There is no impact on growth management associated with this item. RECOMMENDATION: That the Board of County Commissioners approve award of negotiated annual contracts with the two selected firms pursuant to Bid # 01-3222, and authorize Chairman to execute the standard contracts subject to approval by the County Attorney SUBMITTED BY: \ Richard W. Hartwell REVIEWED BY: ~"~("~"" ~'' {'~'~'~ Date: Date: AGENDA ITEM JUN 2 6 2001 APPROVED BY: APPROVED BY: Steve Miller O :er , _~~ ~ Date: ~ · ~~h E. Feder, Transportation ~trator JUN 2 6 2001 pg. L EXECUTIVE SUMMARY APPROVE CONTRACT AMENDMENT NO. 1 FOR PROFESSIONAL ENGINEERING SERVICES BY WILSONMILLER, INC. FOR PINE RIDGE ROAD WIDENING FROM AIRPORT ROAD TO LOGAN BOULEVARD, CONSTRUCTION PROJECT NO. 60111, CIE NO. 41. OBJECTIVE: To receive Board's approval of the negotiated Amendment No. 1 to the contract for Professional Engineering Services by WilsonMiller, Inc. for the Pine Ridge Road Construction Project. CONSIDERATION: On June 27, 2000 the Board approved the Professional Services Agreement with WilsonMiller, Inc. for the providing of Construction Engineering and Inspection (CE&I) Services for the Pine Ridge Road Construction Project. During the development of Change Order #02 associated with the construction contract with Better Roads, Inc., a pay item was established to compensate the Consultant CE&I, Wilson Miller, Inc. for additional inspection services connected with the installation of a new 16- inch sanitary force main along the south side of Pine Ridge Road. The creation of Pay Item # 102-100 "Additional CEI Services", in the amount of $165,000.00, was made in error. These funds should be transferred from the construction project and placed in the Professional Services Agreement with WilsonMiller, Inc. It is our desire to amend the original agreement with WilsonMiller, Inc. to include an extension of services as well. This amendment is necessary due to the recent extensions of time to the Contract as a result of extensive utility changes including resolutions to numerous conflicts with the new stormwater system and the existing water and sanitary force mains. Extra work, in addition to that which has been previously mentioned, includes modifications to the construction of the stabilized subgrade using asphaltic concrete base course in lieu of Type "B" stabilization and adjustments to the locations of both traffic signal mast arm assemblies and roadway lighting poles. It is anticipated this Amendment No. 1 for construction services will be completed by December 31, 2001. The Consultant's compensation shall be equitably adjusted with respect to those services that have not yet been performed to reflect the incremental increase in costs as a result of this time extension. This will be accomplished by the processing of an additional amendment to the Professional Services Agreement, if deemed necessary by mutual agreement of both Owner and Consultant. FISCAL IMPACT: The contract with Better Roads, Inc. will be reduced by Change Order in the amount of $165,000.00 and the Professional Services Agreement with WilsonMiller will be increased by Board action in the amount of $165,000.00. The funding is already available in the existing purchase order with Better Roads, Inc. under the District 1 Impact Fees Funds. Source of funds is Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element No. 41 is consistent with the Transportation Sub-element of the Growth Management Plan. .' JUN 2 6 200! RECOMMENDATION: That the Board of County Commissioners approve Amendment No. 1 to the contract and authorize the Chairman to sign Amendment No. 1 to the county Professional Services Agreement. SUBMITTED BY: REVIEWED BY: APPROVED BY: APPROVED BY: Project Manager II Dale Bathon, P.E., Senior Project Manager Stephen L. Miller, P.E., D~~partment No~{nan Feder, Administrator T~/~nsportatio! Services Division DATE: DATE: DATE: DATE: G-3 -ol AOE~O~ ~TEM JUN 2 6 2001 pg. C:~ PINE RIDGE ROAD (AIRPORT-PULLING ROAD TO LOGAN BOULEVARD) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 1 to the Agreement dated February 23, 1999 (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 "OWNER") and WilsonMiller, Inc. a Florida corporation, authorized to do business in the State of Florida, whose business address is 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 (hereinafter referred to as the "CONSULTANT"). WlTNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the Construction Engineering and Inspection Services for the widening of Pine Ridge Road (Airport-Pulling Road to Logan Boulevard), Project #60111 (hereinafter referred to as the "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree modifications to the services being contemplated under said AGREEMENT are necessary in order to provide an extension of the Consultant Engineering and Inspection (CEI) Services Agreement as a result of the addition of contract time for added/extra work. This project has experienced extensive utility related changes, including resolution to conflicts with the new storm sewer system and the existing force mains and water mains. Work included the addition of the installation of both 8" and 16" sanitary force mains. This agreement includes an adjustment to the overtime rate fees, as well as an adjustment for the sub-consultant agreement; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: No. JUN 2 6 2001 Pg. ~ ARTICLE ONE I. 1 CONSULTANT shall provide to OWNER professional Construction Engineering and Inspection services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Exhibit A of this Amendment; as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Exhibit B, entitled "Exhibit B - Fees" for Basic Services and Consultant's Estimate of Additional Services, as outlined in said AGREEMENT with the modifications to Exhibit A to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said AGREEMENT will be revised to reflect a four months time extension added in this Amendment No. 1. The revised completion of this AGREEMENT shall be December 31, 2001. The CONSULTANT'S compensation shall be equitably adjusted, with respect to those future services not yet performed, to reflect the incremental increase in costs experienced as a result of this time extension. This will be accomplished by the processing of an. additional amendment to the Professional Services Agreement, if deemed necessary, by mutual agreement of both OWNER and CONSULTANT. AGF_.~ID~ITEM JUN 2 6 2001 Po. ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Immokalee Road Construction Project the day and year first written above. ATTEST: (As to Chairperson) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Dwight E. Brock, Clerk By: James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: ~ Attorney Witness V¢ ls nMi ler 7'J'3~hn H. DeWinkler, P.E. Director of Transportation Services Witness (COt'U~ORATE SEAL) AGEflI[~AJ,~TEM No. [LO P'~ -"'/ JUN 2 6 2001 pg. ~'~ EXHIBIT A SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Parts: A. 1. DESCRIPTION OF PROJECT ,..:' A.2, CONSTRUCTION CONTRACT ADMINISTRATION A.3. DETAILED OBSERVATION OF CONSTRUCTION 19 AGE~DA,.I,TEM No. ~1~ ~ JUN 2 6 2001 PO. ~ 07/07/00 4:54 PM EXHIBIT A A. 1 DESCRIPTION OF PROJECT. A. 1.1. LOCATION: The project consists of the Construction Engineering inspection of a six- lane improvement of Pine Ridge Road (CR 896) from Airport-Pulling Road (CR31) to Logan Boulevard. A. 1.2. TYPE OF WORK: The project consists of improving the existing urban four Jane divided roadway by widening to the outside and creating a six lane divided highway with median improvements to inctude left turn lanes for a three mile section of roadway between CR 31 (Airport-Pulling Road) to Logan Boulevard. To minimize congestion at Interstate 75, widening of the northbound on-ramp and the southbound off-ramp will permit increased access. The southbound off-ramp widening will allow two lanes turning left onto the eastbound Pine Ridge Road and two lanes turning dght for V~stbound Pine Ridge Road. For the northbound on-ramp, the eastbound left turn on Pine Ridge Road will be increased to two and the on-ramp will be widened to allow an increased volume to be received from Pine Ridge Road. In addition, the northbound off-ramp signals will allow for two left turn lanes onto the westbound Pine Ridge Road. New signalization will be constructed to facilitate these turning movements for the Interstate-75 ramps. Other work will include milling and resurfacing of the existing pavement, asphalt base course widening, new curb and gutter on the outside and the median, concrete sidewalk on both sides of the road (except at 1-75 where the sidewalk will only be on the north side), storm drainage with modifications to existing retention ditches adjacent to the roadway, construction of a gravi~ wall under 1-75 bddge to' facilitate the widening design. Over 9,700 lineal feet of 8" and 20" reclaimed water main extending from Cougar Ddve to just past 1-75. New mast arm signals will be constructed at 10 locations: 1. Carillon/YMCA 2. Kensington/Cougar Ddve 3. Livings. ton Road 4. Whippoorwill Lane 5. 1-75 southbound ramps 20 6. 1-75 northbound ramp: 7. NAPA Boulevard 8. Vineyards 9, Logan Boulevard Pg. 10. Fire Station as Sta. 1063+00 AGEI~Ip~TEM ~o.. ¢~_D~ JUN 2 6 2001 07/10/00 1:17 PM EXHIBIT A .----An interconnect line throughout the length of the project will synchronize signals. New .highway lighting will be constructed on both sides of the roadway throughout the length of the project. 6" PVC conduit will be constructed under the pavement to facilitate future irrigation to the medians. Other incidental work includes highway signing, tempora'ry pavement markings after friction course is constructed, and installation of thermoplastic pavement markings 30 days after the friction course has cured. ""' A.2. CONSTRUCTION CONTRACTADMINISTRAT1ON. A.2.1. Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but .not limited to pre-construction conference and regularly scheduled coordination meeting with OWNER and contractor. ..'-" 2.2. Review materials and workmanship of the Project and report to OWNER any deviations ,,om the Contract Documents which may come to the CONSULTANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.2.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULTANT's'judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. A.2.4. Require that any work which is Covered up without being propedy observed be '-"overed for e,xamination and restored at contractor's expense if deemed ap~ CONSULTANT. 2I No. Il n l'N""'l JUN 2 Ii 2001 07/f~7/orl 4:54 PM EXHIBIT A A.2.5; Issue interpretations and clarifications of Contract Documents dudng construction, and-' evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. A.2.6. Submit to OWNER, in a format acceP, table to OWNER, weekly progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, omissions, deviations from Contract .Documents, and weather conditions. A.2.7. Review and make recommendations to shop drawings, diagrams, iljustrations, catalog data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concePt of the Project and compliance with the provisions of the Contract Documents. Ail submittals shall be approved by the designer of record. A.2.8. Monitor all required Project records, including but not limited to delivery schedules, inventories and construction repor[s. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations of the data reflected in contractor's application for' paYment, CONSULTANT shall render a recommendation to OWNER c°nceming the amount owed to the contractor(s) and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by. CONSULTANT to OWNER, based on observations and evaluations, that: (a) (b) (c) the work has progressed to the pOint indicated; the work is in substantial accordance with the Contract Documents; and the contractor(s) is (are) entitled to payment in the recommended amount. A.2.9. Receive and review all items to be delivered by the contractor(s) pursua Documents, including but not limited to all maintenance and operating instruc AGENDA,I'I'~M No, _/to.~ ~ ~O [Treq,..o rl[ract .JUN2 S 2001 ms, sbhedules, EXHIBIT A guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and reCommendations concerning their completeness under the Contract Documents. A.2.10. Support the OWNER'S efforts to negotiate with the contractor(s), .the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, matedal specifications, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such change orders under the owner's direction and guidance. Under no circumstances shall the CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pertaining to a prospective "'"'hange order. A.2.1 1. Upon receiving notice from the contractor advising CONSULTANT that .the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use. A.2.12. ~struction c0n~tract, including but not limited to, providing recommenda acbeptance of Project and preparing all necessary documents, including but' waivers, contractor's final affidavit, close-out change orders, and final payment Perform final inspection in conjunction with OWNER, 'and assist OWNER in closing out JUg 2 6 200 ~p'iication. ~7/(~?/00 4:54 PM (b) (c) (d) EXHZBZT A categorized and identified as to date, time, location, direction and photographer, with subsequent notations on drawings; maintain appropriate field notes from which record drawings can be generated; maintain appropriate field records to document any and all disputes or claims, whether actual o'r.,',,' potential with respect to construction of the Project; and observe operation or performance testing and report findings to OWNER and contractor (i.e., including copies of bacteriological and pressure tests when potable water lines are involved upon completion of operable units, signalization and lighting testing etc.). END OF SCHEDULE A 25 JUN 2 6 2001 Pg. EXHIBIT A A.2.13. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one (I) set of reproducible record drawing mylars of the work constructed, including those changes made dudng the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. '"'"' A.2.14. Prepare and submit to OWNER upon completiOn of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.2.15'. A detail description is listed on Page 29 "Schedule A' - Scope of Services, Attachment A A.3. DETAILED OBSERVATION OF CONSTRUCTION. ~.3.1. Construction work shall be done under the full-time observation of at least one representative of CONSULTANT; or by such additional representatives of the CONSULTANT as may be necessary for observing the construction of the Project, as may be authorized and approved by the OWNER. A.3.2. During detailed observation of construction CONSULTANT shall act. to protect OWNER's' interests in Project and: (a) take 3 x 5 color 35 mm photographs of important aspects of the Project, including by way of example and not limitation, all existing private facilities within the work zone, existing pre-construction surface conditions, important phases of construction, construction observations that detect' questionable practices or special interest areas, problems or accidents, surprises from unanticipated conditions and other items that require visible for future reference, process and submit same together 'With negatives on a continuous basis to OWNER; such pictures 24 fT'//1 ¢lAq(I 1:18 ?iV[ EXHIBIT A SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Parts A. 1, A.2, and A.3 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services'.'. B. 1.2. Payment For Basic Services under Parts A. 1, A.2 and A.3 of Schedule A shall be paid on a time and reimbursable or unit pdce basis upon receipt of an approvable invoice on no more than a monthly basis. B.2.1. As consideration for providing Basic Services under Part A.3 entitled "Detailed Observation of Construction" and for properly approved Additional Services set forth in Article Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of Additional Services", OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable cost basis. Payments for Part A.3 services and properly approved Additional Services shall be made monthly on a time and reimbursable cost basis computed in accordance with either Attachment B entitled "Consultant's Employee Houdy Rate Schedule" for employees working under this Agreement or Attachment C entitled "Consultant's Estimate of Additional Services". Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to Attachment B provided such overtime work is approved by OWNER in advance wh¢pever possible and not' due to CONSULTANT'S own fault or neglect. ,,JUN 2 6 2001 B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services under Part A.3 or Additional Services, in .the interest of the Project, listed in the following sub-paragraphs: 25 07/10100 1:31 PM (a) (b) (c) (d) EXHIBIT A exPenses for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar PrOject-related items in addition to those otherwise required in Parts A.2 and A.3 of Basic SerVices; when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and expenses for renderings, models and mock-ups requested by OWNER.' B.2.3. By way of example, and not limitation, reimbursable costs shall specifically not include -'-'~penditures, except as otherwise described in paragraph B.2.2, such as: (a) expenses for transportation and subsistence; (b) overhead, including field office facilities; (c) overtime not authorized by OWNER; or (d) expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. B.3.1. In no' case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approved by the Board of County Commissioners for Collier County Florida. B.3.2. Detailed Construction Observation work performed under Part A.3. and Additional Services, shall be paid as subs{antiated to the limits shown in Attachment C, but not to exceed the sum of those figures without execution of an appropriate Agreement amendr~r~oAGE~d(l~TE~M__ ,- - -~,--' ~_. JUN 2 6 2001 B-.3.3. Payments will be made for services rendered, no more than on a monthly basis, ~,i~hin /' Pg' ' 14 thirty (30) days of submittal' of an approvable invoice. The number of the purchase oraer By 07/07/00 4:54 PM ,EXHIBIT which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. A B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee HourlY,"B. ate Schedule, and Attachment C - Consultant's Estimate of Additional Services, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5: As compensation for cOOrdinating subconsultant activities ( other than Forge Engineering, Inc. which was submitted as a subconsultant for matedai testing services as a part of the original proposal) for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Part A.3 and Additional Services. For the purposes of this provision the actual cost of se, vices rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant. No administrative fee or mark-up shall be paid in conjunction with the provision of Basic Services as set forth in Part A.2 of Schedule A, END OF SCHEDULE B. 28 JUN 2 6 2001 07107100 4:54 PM Wils nMiller 3899 GOLDEN GATE BOULEVARD WEST, NAPLES, FLORIDA PHONE: (941) 348-3920 FAX: (941) 348-3921 E-MAIL: wmcei2@att.net 34120 May 17, 2001 Mr. Skip McMichael, Project Manager Transportation Engineering and Construction Management Department Transportation Services Division 2675 Horseshoe Drive South, Suite 401 Naples FL 34105 RE: Pine Ridge Road CEI County Project No. 60111 Collier County, Florida Supplemental Agreement No. 1 for Consultant CEI Contract Dear Skip, WilsonMiller, Inc. is pleased to submit our revised Supplemental Agreement No. 1 for our contract for CEI Services on the above referenced project. The amounts and projections are in accordance with our previous conversation. We have made adjustments, which show a completion of our services at the end of October 2001. This would mean the construction contract would end by the end of September. We feel this is unlikely and will make further requests for time or dollars if appropriate at a later date. Included is Exhibit A, which is comprised of the following items: 1. WilsonMiller CEI Fee Projection 2. WilsonMiller Schedule of Fees (hourly rates) 3. Forge Engineering Fee Schedule 4. CEI Consultant Estimated Staffing Chart Aisc included is a copy of our estimated staffing which was part of our original CEI Contract. Please note we have omitted time and cost for the Administrative Assistant 2 for the months of September and October 2001 and for the Utility/Night Inspector for added time as requested by the County because it may not be necessary. We reserve the right to ask for these additions if necessary. Please contact me should you have questions or require additional information. Sincerely, WilsonMiller, Inc. Thomas A. Primavera, C.P.E. Manager, CEI Services enclosures JUN 2 6 2001 5117/01 -W-0003 SA 1 Skip letter REV 1 ,doc FL Lic. #LC-0000170 Supplemental Agreement No. 1 WilsonMiller, inc. CEI Fee Projection for the Pine Ridge Road Widening Project (CR 31 to Logan Boulevard) County Project 60111 RFP No. 00-3053 Collier County, Florida May 17, 2001 EXHIBIT~~ TASK '1 - CONSTRUCTION ENGINEERING, INSPECTION / ADMINISTRATION Project Manager/PlO (PC4)(St.) Office Engineer (PC2) (St.) Admin. Assistant 2 (AM2)(St.) Sr. Inspector (FT3)(St.) 40% Overtime Roadway Inspector (FT2)(St.) 40% Overtime 554 Hrs. X $105 = 346 Hrs. X $75 = 190 Hrs. X $50 = 346 Hrs. X $70 = 138 Hrs. X $82 = 346 Hrs. X $60 = 138 Hrs. X $70 = $ 58,170.00 25,950.00 9,500.00 24,220.00 11,316.00 20,760.00 9,660.00 Task 1 subtotal $ 159,576.00 Field Office Copier Rental (¼ cost) Cellular Phone (Co Proj Mgr) Electric Telephone 15 mo. @ $132.00 / Month 1980.00 1 LS $144.00 144.00 15 mo. @ $ 70.00 ! Month 1050.00 15 mo. @ $150.00 / Month 2250.00 Task 2 subtotal TOTAL FEE FOR SUPPLEMENTAL AGREEMENT NO. 1 5424.00 $ 5,424.00 $ 165,000.00 NOTE: I. Above ~,,~,j~,,,.~,..o for services through,.,,,,,~,~,""**"~'"' 26. ,_~,,~,'~r"~ (an extension of 2 months) Utility/Night Inspector and Admin. Asst. 2 positions have been omitted but may be added for this period if required. AGEND~iTEM JUN 2 6 2001 WlLSONMILLER, INC. Supplemental Agreement No. 1 Schedule of Hourly Rates May 17, 2001 Exhibit Standard Overtime Hourly Rate PC 1 Professional Consultant Level 1 $ 60.00 / Hr. $ 70.00 / Hr. PC 2 Professional Consultant Level 2 75.00 / Hr. 88.00 / Hr. PC 3 Professional Consultant Level 3 90.00 / Hr. 106.00 / Hr. PC 4 Professional Consultant Level 4 105.00 / Hr. 123.00 / Hr. PC 5 Professional Consultant Level 5 120.00 / Hr. 141.00 / Hr. PC 6 Professional Consultant Level 6 135.00 / Hr. 158.00 / Hr. PC 7 Professional Consultant Level 7 150.00 / Hr. 176.00 / Hr. PC 8 Professional Consultant Level 8 175.00 / Hr. 205.00 / Hr. CT 1 Computer Technician 1 50.00 / Hr. 59.00 / Hr. CT 2 Computer Technician 2 60.00 / Hr. 70.00 / CT 3 Computer Designer 3 70.00 / Hr. 82.00 / Hr. CT 4 Senior Designer 4 80.00 / Hr. 94.00 / Hr. FT 1 Field Technician 1 50.00 / Hr. 59.00 / Hr. FT 2 Field Technician 2 60.00 ! Hr. 70.00 / Hr. FT 3 Field Technician 3 70.00 / Hr. 82.00 / Hr. GS 1 Geographic Information Systems Analyst I 60.00 / Hr. 70.00 / Hr. GS 2 Geographic Information Systems Analyst 2 75.00 / Hr. 88.00 / Hr. GS 3 Geographic Information Systems Specialist 3 90.00 / Hr. 106.00 / Hr. GS 4 Geographic Information Systems Specialist 4 105.00 ! Hr. 123.00 / Hr. AM 1 Administrative Assistant I 35.00 / Hr. 41.00 / Hr. AM 2 Administrative Assistant 2 50.00 / Hr. 59.00 / Hr. SC 2 2 Person Field Crew 95.00 / Hr. 112.00 / Hr. SC 3 3 Person Field Crew 110.00 / Hr. 129.00 / Hr. GPC GPS Crew 120.00 / Hr. 141.00 / Hr. I Unit billings, such as printing and survey materials, will be billed at WilsonMiller standard rates (Schedule available on request). All other out-of-pocket expenses will be billed at cost + 15%. 5/17/01 - W - 0003 SA 1 WM Fees 2.doc FL Lic #LC.0000170 JUN 2 6 2001 SUBCONSULTANT - FORGE ENGINEERING, INC. Supplemental Agreement No. 1 Fee Schedule Pine Ridge Road (CR 31 to Logan Boulevard) County Project 60111 - Collier County, Florida Infiltration Tests Pavement Cores, Asphalt Pavement Cores, Concrete Grain Size Analyses Atterburg Limits Moisture Content Tests Loss of Ignition Organic Content Tests Specific Gravity Tests LBR Tests (Include. Modified Proctor) pH Tests Resistivity Tests Chloride Content Tests Sulphate Content Tests Wave Equation Analysis Pile Drive Analysis Aggregate Sampling Moisture-Density Relation (Modified Proctor Test) Moisture Density Relation (Standard Proctor Test) Carbonate & Organic Tests In-Place Density Tests Slump Tests Air Content Tests Weight, Yield & Air Content Temperature Measurement Compressive Strength Tests Concrete Cylinder Tests Reducing Field Samples Dry Preparation of Samples Wet Preparation of Samples Liquid Limit Plastic Limit & Plasticity Index Bulk Specific Gravity / Absorption (Asphalt) Extraction / Gradation (Asphalt) Asphalt Plant Inspection Engineering Reports Set of Three Set of Four Set of Five Set of Six Set of Seven 5/17/2001 9:55 AM - W - 0003 For~e services tee 350.00 35.00 35.00 32.00 55.00 9.00 28.00 40.00 225.00 12.00 25.00 25.00 25.00 200.00 1250.00 15.00 75.00 70.00 50.00 14.00 8.00 10.00 12.00 27.00 6.00 48.00 48.00 54.00 60.00 66.00 11.00 11.00 17.00 45.00 50.00 50.00 43.00 43.00 90.00 EXHIBIT May 17, 2001 Per Test Per Core Per Core Per Test Per Test Per Test Per Test Per Test Per Test Per Test Per Test Per Test Per Test Per Analysis Per Test Per Sample Per Test Per Test Per Test Per Test Per Test Per Test Per Test Man-Hour Per Test Per Set Per Set Per Set Per Set Per Set Per Field Sample Per Sample Per Sample Per Test Per Test Per Test Per Hour Per Hour (nnrfnl tn .nr--*~!~, -- JUN 2 6 2001 AGF.~D~ ITEM 7:= Z 35 EXHIBIT B AT'~AC~ _SCH[EDLrLE B AGEINDA~'I'~M JUN 2 6 ~01 EXECUTIVE SUMMARY APPROVE WORK ORDER NO. BRC-FT-01-03 WITH BETTER ROADS, INC. FOR INTERSECTION IMPROVEMENTS AT SANTA BARBARA BLVD. & GOLDEN GATE PARKWAY, Proj. No. 60016 OBJECTIVE: To receive the Board of County Commissioners approval of Work Order # BRC- FT-01-03 for intersection improvements at Santa Barbara Blvd. & Golden Gate Parkway. CONSIDERATIONS: Intersection improvements at Santa Barbara Blvd. & Golden Gate Parkway consists of extending the northbound right tumlane and installing a traffic separator on Santa Barbara Blvd.. This work order utilizes the annual contract for Roadway Contracts, Contract # 98-2905. Three proposals were received, as follows: APAC-Florida, Inc. $70,758.00 $60,458.63 Better Roads, Inc. Bonness, Inc. $78,519.42 The work order has been prepared for Better Roads, Inc. for a lump sum amount of $60,458.63 "~G~SCAL IMPACT: Funds in the amount of $60,458.63 are budgeted in the Road Construction as Tax Fund. Source of funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the Transportation Operations Director to approve Work Order BRC-FT-01-03 on behalf of the Board. SUBMITTED BY: :gel, P.E. Tr~st~/rpation (~i~o~ Edward~ Kant,~'~/1Z?/.D. irector T~.~~,~t;~artment APPROVED By: Norm/~ Federl Administrator TranSportation Division Attachment: Work Orde¥ # BRC-FT-01-03 RJH:rh Richard J. Hellrie ,/Senior Pfoj[ct Manager ~ent Date/,~//~ Date AGENDA ITEM JUN WORK ORDER # BRC-FT-01-03 "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: Santa Barbara Boulevard / Golden Gate Parkway Intersection Improvements. The work is specified in the proposal dated May 7, 2001 which is attached hereto and made part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #BRC-FT-01-03 is assigned to Better Roads, Inc. Scope of Work; As detailed in the attached proposal and the following: Task I - Extend the northbound fight turn lane at the intersection of Santa Barbara Boulevard and Golden Gate Parkway and construct a six (6) foot separator along with some drainage modifications in accordance with the drawings as prepared by the Transportation Operations Department, Sheets 1 & 2 dated February 20, 2001. Schedule of Work: Complete work within 30 Calendar Days from receipt of the Notice to Proceed. Compensation: In accordance with the Agreement, the County will compensate the Firm in accordance with negotiated lump sum of $60,458.63 as provided in the attached proposal. Lump Sum $ 60,458.63 TOTAL FEE $ 60.458,63 Any change made subseque~g~o final deparmaent approval will be considered an additional service and charged according to an e~gKted Change Order as enumeratgd in Exhibit D of the Agreement. Prepared By: fi~.~-'~_~JT~ ~..~~'~r/ Approved B y. _ .~-~....~'~'~/~~/ ~,//~/~-~ Edwar~t J. Kant, P.E~~rtation Operations Director I~te / Approved as to Form and Assistant County Attorney ACCEPTED BY: ATTEST: (Corpo~e Secretary) By: '~.\ ~ JOAN g. SON, CORP. SECRETARY' Type Name and Title Date: 05/31/oi BETrER ROADS INC. Name of Firm Signature Note: BCC needs to authorize the dollar amount and request that BCC to authorize the Transportation Operations Director to' execute the Work Order as part of your Executive Summary. AGENDA ~E~ J U N 2 6 2001 Z. BETTER ROADS INC 186 PO1 MAY 07 '01 11:57 BETTER ROADS INC, P.O. BOX 9979 NAPLES, FLORIDA 34101 PHONE: (941) 597-2181 FAX: (941) 597-1597 PROJECT: SANTA BARBARA BLVD, QUOTE i, , ': i: {"!;, '-'::5t3;~ SVC5. BID NO.: LOCATION: GOLDEN GATE PARK. 01085 05107/01 11:02 AM ITEM I DESCRiI-'~ iON NUMBER 101-1 102.t 104-13~1 110-1-1 120-6 285-709-990 331-72-14 425-1-341 430-14-325 430-984-225 520-t-t0 520-5-42 522-1 575-1.1 ' 700-46-21 706-3 711-3 711-4 711-7 711-35-61 711-35-121 711-36-241 711.36-61 TOTAL CONDITIONS: MOBILIZATION MAINTENANCE OF TRAFFIC STAKED SILT FENCE CLEARING & GRUBBING EMBANKMENT ASPHALT BASE ABC -3 ( 10" ) ASPHALT CONC. TYPE S 1-1/2" CURB INLET TYPE P-4 CONC. PIPE CULVERT CL. 18 18" DIA. CONC, MIT. END SECTION 18" DIA. CONCRETE CURB & GUTTER TYPE 'F" CONCRETE TRAFFIC SEPARATOR SIDEWALK CONC. 4" SODDING ( BAHIA ) SIGN EXISTING ( RELOCATE ) REFLECTIVE PAMENT MARKER PAVEMENT MESSAGES, THERMO. DIRECTIONAL ARROWS, THERMO, PAVEMENT MARKING REMOVAL TRAFIC STRIPE SOLID THERMO 6" W TRAFIC STRIPE SOLID THERMO 12" W TRAFIC STRIPE SOLID THERMO 24" W TRAFIC STRIPE SOLID THERMO 6' Y NO PERMITS, FEES OR TESTING INCLUDED, QUANTITY UNIT 1.00 LS $5,650.00 1.00 LS $3,~5.00 350.00 LF $1,65 1.00 LS $1,~5.00 78,00 CY $83.85 5~.00 SY $29.50 5~.00 SY $9.55 1.00 EA $2,355,00 1~.00 LF $23,65 1.00 EA $740.00 3~.00 LF $9.10 300.00 LF ~0.35 124.00 SY $15,~ 1~.~ SY $2,20 2,00 EA $55.00 ~.00 EA ~.~ 4,00 EA $115.~ 7.00 EA $44.00 1.00 LS $~0,00 1,020,00 LF $0.50 70,00 LF $1.20 10,~ LF $3.30 657,00 LF '$0.~ AMOUNT $5,850.00 $3,225,00 $577.50 $1,645,00 $6,540.53 $17,406.18 $5,634.50 $2,355.00 $2,459.60 $740.00 $3,3~2.40 $8,105.00 $1,946.80 $426.8O $110.00 $187.20 $462.00 $308.00 $440,00 $504.90 $84.00 $33.00 $325.22 $60,458.63 Page I AGENDA ITEM JUN 2 ~ 201t~ EXECUTIVE SUMMARY APPROVE A CONTRACT WITH BIG CYPRESS MITIGATION BANK AS LOW BIDDER FOR THE LIVINGSTON ROAD - NORTH PROJECT WETLAND IMPACTS, COLLIER COUNTY PROJECT NO. 65041. OBJECTIVE: Obtain Board's approval of Big Cypress Mitigation Bank as the low bidder for the wetland impacts that occurred on site at the Livingston Road - North project. To authorize payment for the use of the Big Cypress Mitigation Bank in modifying the U.S. Army Corps of Engineers permit. CONSIDERATIONS: On January 19, 2001 the County requested proposals (BID #01-3197) from firms that are interested in providing Mitigation Credits to be used by the County to modify the U.S. Army Corps of Engineers permit # 199001402(IP-SB). Nineteen notices were sent out and three firms responded by February 7, 2001, which was the due date. The three firms were ranked by cost of the credits needed to modify the permit. The Project Manager of the Livingston Road - North project, made the selection. After discussion, the three projects ranked were as follows: 1. Ruby Red Equities, LP (Big Cypress Mitigation Bank) 2. Mariner Properties Development, Inc. (Little Pine Island Mitigation Bank) 3. Florida Power and Light Company The original U.S. Army Corps of Engineers permit required restoration of an abandoned farm field and exotic removal program within the County easements area on Livingston Road. Staff felt that this would be extremely costly for the County to restore and maintain these two areas. Buying Mitigation Credits off-site would be much more cost effective and no future maintenance would be required. FISCAL IMPACT: The estimated cost of this contract is $456,500 for 18.26 credits needed to satisfy the permit. This cost is budgeted within the Livingston Road - North Fiscal Year 01 budget. Source of funds is gas tax. GROWTH MANAGEMENT IMPACT: This Capital Improvement Project is consistent with the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Approve the Committee's ranking, (2) Authorize staff to begin Contract negotiations with the number one ranked firm for the Board's approval and subsequent shortlisted firms if necessary, (3) Authorize the Chairman to execute the forthcoming negotiated County Attorney Approx ed ~Iandard P~qA_ JUN 2 6 2001 Pg. I D~ck Hartwell, Project Manager II TE&CM Department REVIEWED BY: Dale Bathon, P.E., Senior Project Manager TE&CM Department REVIEWEDBY: ~ C~, ~ ~Stev~- ~amell?Director Purchasing/General Services Department N~an Feder, Transportation Administrator Date: Date: Date: Date: 2001 06/12/01 07:58 ~941 337 5983 KEVIN L ~NWlN ~002 DEPARTMENT OF THE ARMY JACKSONVILLE DfSTRICT CORPS OF ENGINEERS FORT MYERS REGULATORY OFFICE 2301 MCGREGOR BOULEVARD. SUITE 300 FORT MY~'~-..RS, FLORIDA 3;~g01 Regulatory Division West Permits Branch 199001402(IP-SR) MODIFICATION ~ June 7, 2001 Collier County C/O Waiter F. Gilcher~ Jr. P.E. HoPe.. Montes & Associates, Inc. 6202 Presidential Court Fort Myers, FL 3391 g Dear Mr. Gilcher: Reference is made to your letter dated May 8, 2001. in which you asked to modify Livingston Road, 'Coffier County Project No. 65041 authorized by Department of the Army (DA) Permit 199001402(IP-CC). The project Is located in Sections 10, 11, 12 13, 14, 15, & 24, Township 48 South, Range 25 East and Sections 18 & 19, Range 26 East, Township 48 south coJller County Florida. You have requested a modification to remove the "preserved" wetlands within the right of way and the 36 acre farm field restoration (Special conditions 3a, 3b, and 3c) from the permit. To fulfill the mitigation requirement the permittee is proposing the purchase of 18.26 mitigation credits (10.62 herbaceous and 7.64 forested)from the Big Cypress Mitigation Bank. ' The impacts of the proposed work on navigation and the environment have been evaluated and found to be Insignificant. The permit is hereby modified in accordance with your request. You' should attach this tetter and the. enclosed revised project plans to the permit. All other conditions of the original permit remain in full effect, the reports on the mitigation progress as stated in the Special Conditions are no longer required. The following speciaJ condition for mitigation becomes a part of your permit and should be included with the original permit conditions: Special Condition: The permittee shall provide compensatory mitigation for ,una. voldable wetland Impacts by purchasing 18.26 mitigation credits (10.62 neroaceoua and 7.64 forested) from the Big Cypress Mitigation Bank. Within 30 days from the Issuance of this permit, the permJttse shall provide documentation to the Corps of Engineers that the 18.26-mitigation credits have been purchased. JUN 2 6 201)1 0.6/12/01 08:00 '~'941 337 5983 _. KEVIN L ER__WIN ~003 Thank you for your cooperation with our permit program. BY AUTHORITY OF THE SECRETARY OF THE ARMY: District Engineer Enclosures JUN 2 6 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, UTILITY AND MAINTENANCE EASEMENTS AND PERPETUAL, NON-EXCLUSIVE SLOPE AND UTILITY EASEMENTS FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR THE PHASE ONE WHIPPOORWILL LANE PROJECT FROM PINE RIDGE ROAD SOUTH A DISTANCE OF APPROXIMATELY ONE (1) MILE (PROJECT NO. 60054). OBJECTIVE: To obtain authorization from the Board of County Commissioners to acquire by gift or purchase all rights and interests in real property required for the construction and maintenance of road improvements, utilities and stormwater collection and treatment facilities for Whippoorwill Lane from Pine Ridge Road south a distance of approximately one mile. CONSIDERATION: On November 14, 2000, the Board of County Commissioners adopted Resolution No. 2000-414 authorizing the acquisition of perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements, along with parallel and abutting, perpetual, non-exclusive slope easements for the construction of Whippoorwill Lane and associated utility and stormwater improvements. Subsequently, Transportation staff has redesigned the road to now include landscaped medians in both two-lane and four- lane situations and installing a Water main on one side and a sewer force main on the other side of the right-of-way within slope and utility easements. Therefore, the Board's approval of the attached Resolution is required before staff can continue with acquisition of perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements and perpetual, non-exclusive slope and utility easements for the Whippoorwill Lane improvements as outlined above. This Resolution supersedes Resolution 2000-414 approved by the Board of County Commissioners on November 14, 2000. FISCAL IMPACT: Total estimated costs for all right-of-way acquisition are $641,000 for all parcels which are not donated through the PUD developer commitment mechanism. This figure includes all land and improvements, appraisal fees, title policies, staff overhead and miscellaneous expenses associated with the acquisition of the necessary right-of-way. All expenses will be funded from District 1 Road Impact Fee funds (Fund 331). Anticipated expenditures in the current fiscal year are approximately $450,000, with the balance of expenditures in FY 2001/2002. GROWTH MANAGEMENT IMPACT: County's long range-planning effort. The recommendation is consistent with the AGEN~ ITElV~ JUH 2 6 2001 Pg. ] - RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: Adopt the attached Resolution authorizing the acquisition of perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements and perpetual, non- exclusive slope and utility easements for Whippoorwill Lane, and authorize the Chairman to execute same on behalf of the Board; and 2. Approve any and all budget amendments required. SUBMITTED BY~z~vin~ I~n~PY, e;1 Pro~e-r~tpe~isor DATE: ~ '" Real Property'Management Dep'm't'~ment BY: Jr., ~~Xr' '--~r"SR/WA,~ecto DATE: Charles E. Carrington, Real Property Management Department REVIEWED By: /~~~_ ~}~_~ DATE: Ste~e Miller, P.E.,Ti!rans/l~ation ]~ngineering Director Transportation F~gine~ and Construction Management Department APPROVEDBY: ~~J/f DATE: ~ -/5-O / oqm n Traksportation~dmini JUN 2 6 2001 Pg. ~ 1 2 3 5 6 7 8 9 lO 11 12 13 RESOLUTION NO. 2001 - A RESOLUTION AUTHORIZING THE ACQUISITION BY GIlT OR PURCHASE OF PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE, ~ITY AND MAINTENANCE EASEMENTS AND PERPETUAL, NON-EXCLUSIVE SLOPE AND UTILITY EASEMENTS FOR ~ CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE PHASE 1 WHIPPOORWILL LANE PROJECT FROM PINE RIDGE ROAD SOUTH A DISTANCE OF APPROXIMATELY ONE (1) MILE. 14 WHEREAS, on January I 1, 2000, Item 8(a)(3), the Board of County Commissioners (Board), 15 approved a proposal to prepare regulations to insure that properties in North Naples (Sections 18 and 16 19, Township 49 South, Range 26 East) be developed in a coordinated manner with regard to public 17 roads, storm drainage, water and sewer utilities; and 18 WHEREAS, preliminary staff analysis indicates that an additional five hundred (500) dwelling 19 units utilizing Whippoorwill Lane for access will cause significant operational difficulties at the future 20 signalized intersections with Pine Ridge Road; and 21 WHEREAS, Whippoonvill Lane is needed as a public road and this public road will provide a 22 valid public benefit; and 23 WHE~AS, on March 14, 2000, Item 12(3)(3) and 12(3)(4), the Board of County 24 Commissioners were petitioned by Developers within the Whippoomrill Lane area to approve the 25 required infrastructure for the construction of Whippoorwill Lane and staff Was directed by the Board 26 of County Commissioners to pursue the inclusion of the Whippoorwill Lane Project into the Capital 27 Improvement Element of the Growth Management Plan, initiate the acquisition of the required land 28 interests, and to expedite the advancement of construction of Whippoorwill Lane; and 29 WHEREAS, alternate locations, environmental factors, long range planning, cost variables, 3o concurrence, safety and welfare considerations have been reviewed as they relate to the 31 implementation of said Wansportation improvements; and'it has been recommended by County Staff 32 that it is necessary and in the best interest of Collier County, Florida, to maintain flexibility over the 33 acquisition of property rights required for the construction of the Whippoorwill Lane Project between 34 Pine Ridge Road to a point one mile south being the intersection of the future east/west connector road 35 connecting to Livingston Road (Phase I), hereinafter referred to as "Project" as identified on Exhibit 36 "A" attached hereto and incorporated herein by reference; and AGENDA ITEM No ..... 1(o13 JUN 2 6 2001 1 37 39 40 41 42 43 44 45 46 47 48 49 5O 51 WI-I~REAS, the design and construction of said transportation improvements and related cilities have been determined by the Board to be necessary and in the best interest of Collier County; and WHEREAS, the construction of the transportation improvements and related facilities contemplated by the Project are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and will assist Collier County in meeting certain concurrency requirements of the Growth Management Plan for Collier County. NOW, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board has considered the environmental factors, safety factors and fiscal considerations relating to the final adopted location of the transportation improvements and related facilities. 2. The perpetual, non-exclusive road right-of-way, drainage, utility and maintenance easements and the perpetual, non-exclusive slope and utility easements identified on Exhibit "A" are the most feasible locations, both necessary and consistent with the project requirements, in order to permit the construction and maintenance of the transportation improvements and related facilities for the 5~.~-"Whippoorwill Lane Project between Pine Ridge Road to a point one mile south being the intersection 53 of the future east/west connector road connecting to Livingston Road (Phase I). 54 3. The Board has determined that the construction and maintenance of the WhiPpoorwill Lane 55 transportation improvements and related facilities are necessary for a public purpose and is in the best 56 interest of Collier County. 57 4. The construction and maintenance of the transportation improvements and related facilities are 58 compatible with the long range planning goals and objectives of the Growth Management Plan for 59 Collier County. ~0 5. It is necessary and in the best interest of Collier County for the Board to acquire the perpetual, 6] non-exclusive road right-of-way, drainage, utility and maintenance easements and the perpetual, non- 62 exclusive slope and utility easements identified on Exhibit "A;" and County Sta/fis hereby authorized 63 and directed to acquire by gift or purchase the perpetual, non-exclusive mad fight-of-my, drainage, ~4 utility and maintenance easements and the perpetual, non-exclusive slope and utility easements 65 identified in Exhibit "A." The Chairman of the Board is hereby authorized to execute Appraisal Agreements with the ¢ )praisal firm(s) selected from the list of firms pre-qualified by the Board of County Commissioners. -Page 2- AGENDA ITEM No. JUN 2 6 2001 68 The Board further directs staffto use appraisal reports or internal compensation estimates as staff 69 determines is necessary to best serve the needs of the Project in a timely and cost-effective manner. 7o 7. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby 71 formally waives the requirement for a formal, independent appraisal report for the purchase of a 72 property where the purchase price of the parcel (the compensation due to the property owner) is less 73 than One Hundred Thousand and 00/100 Dollars ($100,000.00). In lieu of the independent appraisal 74 r~port, staff is hereby authorized to make purchase offers for the properties, the dollar amounts of 75 which shall be predicated on "staff compensation estimates" based upon independent appraisals (and 76 the data therefrom) obtahaed on similar properties and upon consideration and application of 77 appropriate market value and cost data pertinent to the subject pm'eels. 78 8. Upon the approval by the County Attorney's Office of all documents necessary for the subject 79 property acquisition, Real Property Management Department staff is hereby directed to offer 80 immediate delivery to the respective property owners of the full compensation (as established by the Sl appraisal or staff compensation estimates in accordance with the provisions of Section 125.355, 82 Florida Statutes), in return for the immediate and proper execution of the respective easements, or 83 other legal documents and/or affidavits as the County Attorney's Office deems appropriate in order to 84 protect the interests of the County; and the Board hereby authorizes its present Chairman and any 85 subsequent Chairman, for the life of the Project, to execute any instruments which have been approved 86 by the Office of the County Attorney, to remove the lien of any encumbrance and for any such other 87 purpose as may be required. 88 9. In those instances where negotiated settlements may be obtained via the "Purchase Agreement" 89 or "Easement Agreement" mechanism, the Director of the Transportation Engineering and Utilities 9o Department, or his designee, is charged with the responsibility for completion of various capital 91 improvement projects, and is hereby delegated the authority to approve the purchase of land interests 92 above the staff compensation estimate or appraised value and pay normally related costs when it is in 93 the best interest of the Project, within the pro-mm share of the land rights acquisition budget for the 94 parcel being acquired, only when the difference between the purchase price and compensation estimate 95 or appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) or the current 96 purchasing limits established by the Collier County Purchasing Department; provided, Project funding 97 is available. -Page 3- AGENDA ITEM JUN 2 6 Z001 98 10. 100 101 102 103 104 105 106 107 108 109 110 111 112 That the settlement approval authority is delegated by the Board to the extent that such ~pmvals do not conflict with the provisions of Section 125.355, Florida Statutes. 1 I. The Chairman of the Board is hereby authorized to execute Easement Agreements and Purchase Agreements where the land owner has agreed to sell the required land rights to the County at its appraised value or at that mount considered the "Administrative Settlement Amount" as such term is internally used by the administrative agencies of Collier County. 12. Where the property owner agrees, by sworn affidavit or agreement ("Purchase Agreement" or "Easement Agreement"), to convey a necessary interest in real property to the County, and upon the proper execution by the property owner of those easements or such other legal documents as the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on a closing statement and which shall be based upon the appraisal or staff compensation estimate in accordance with this Resolution and the provisions of Section 125.355, Florida Statutes. 13. All title to properties or interests in properties which have been obtained in the manner described above shall be deemed "accepted" by the Board of County Commissioners, as the governing 1 l:~."--',ody of Collier County, Florida, a political subdivision of the State of Florida, and as such, staffis 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 ,~ereby authorized to record in the Public Records of Collier County, Florida, said easements or other instruments as may be required to remove the lien of any encumbrance fi'om the acquired properties. 14. This Resolution supersedes Resolution 2000-414 approved by the Board of County Commissioners on November 14, 2000. THIS RESOLUTION ADOPTED on this __ day of ,2001, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Clerk Approved as to form and legal sufficien, cy: 136 Assistant County Attorney By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN -Page 4- AGENDA ITEM No. !Lo~ l~ JUN 2 6 2001 WHIPPOORWILL LANE PROJECT CORRIDOR & PUD MAP EXHIBIT ...... _E. INE_RtE EIBERT GOLF CENTER .GE.P-JD~D .... NNFD/ BRYNWOOD PRESERVE ARLINGTON LAKES (98.36 acres 1 590 units) HORSE FARM +/- 20 Acres NOW PART OF BALMORAL (19.58 acres / 72 units) i: :! ~- ................. ---.. PRCWI PRC / PINE i: ;i I / i: ;i SEAGATE BAPTIST BALM O PAL i: (39.58 acres / 154 units) ii i' (LIVINGSTON VILLAGE) (148.98 acres / 540 units) 1-75 ,, : WHIPPOORWILL LAKES (76.83 acres / 518 units) WHIPPOORWILL PINES (29.54 acres / 210 units) AGEN~/~TEM JUN 2 6 2001 WHIPPOORWILL WOODS (83.92 acres / 462 units) Slope and Utility Easement KEY: Right-of-Way, Drainage & Utility Easement ii KENSINGTON CANAL .-I~ ......................................... -~ ........ EXECUTIVE SUMMARY APPROVE DEVELOPER CONTRIBUTION AGREEMENT WITH FIRST BAPTIST CHURCH FOR ROAD IMPACT CREDITS SUBJECT TO DEVELOPER COMPLYING WITH ALL CONDITIONS OF THE AGREEMENT IMPOSED BY THE COUNTY OBJECTIVE: To obtain Board approval of a developer contribution agreement with First Baptist Church of Naples, Inc. for road impact fee credits and cash equal to the actual cost of construction, however not to exceed 20% more than the current certified probable costs of the construction of a portion of Orange Blossom Drive in Collier County. CONSIDERATION: The First Baptist Church of Naples, Inc. has constructed a portion of Orange Blossom Drive between Livingston Road and Airport Road and the Collier County Transportation Division wishes to accept the road under certain conditions. Once these conditions are met, the Transportation Division has agreed to recommend the issuance of road impact fee credits and cash equal to the actual cost of construction, provided actual costs do not exceed 20% more than the current estimate of probable costs that have been prepared by a professional engineer and approved by County staff. Approval is requested subject the prerequisite that no impact fee credits will issue until all conditions of the developer contribution agreement have been satisfied, including removal of all liens and encumbrances against the property, release of the drainage easement form the Livingston Road Right-of-way and transmission and attachment of all exhibits in a form acceptable to the County Attorney or his designee. FISCAL IMPACT: The cash portion will come out of the Road Impact Fee District One fund for improvements that were constructed by the developer that would otherwise would have been expended for the same improvements on the Airport Road Widening Project. The issuance of impact fee credits for the remainder is consistent with the then existing Impact Fee Ordinance and have been considered in the development of the County's annual budget. GROWTH MANAGEMENT: Growth Management is not affected. AGEN, DA bl~EM. No._ JUN 2 6 2001 Pg'- RECOMMENDATION: That the Board of County Commissioners approves the developer contribution agreement with conditions. Prepared by: Ja~{~in~)Hubbard Robinson, As.ki/stant County Attorney Reviewed and A~¢rovo6~; - ID axe,,~,~ : ~~.~ Wolfe/, T ansportatiolanning Date: Department Director H/Jackie/Executive Summary/Resolution/Capital Outlay Fund 2 AGEN~A,~TI~I~ JUN 2 6 2001 STANDARD FORM COLLIER COUNTY CONTRIBUTION AGREEMENT FOR FIRST BAPTIST CHURCH OF NAPLES, INC. FOR ROAD IMPACT FEE CREDITS No: 2001 4)03 -TR - First Baptist Church THIS CONTRIBUTION AGREEMENT is made and entered into this of , 2001, by and between The First Baptist Church of Naples, Inc., a Florida corporation duly organized and authorized to conduct business in the State of Florida, hereinafter referred to as "Developer," by and through , , who has been duly authorized to execute this Contribution Agreement for Road Impact fee Credits and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY, hereinafter referred to as "County." RECITALS: WHEREAS, Developer is desirous of entering into a contribution agreement with the County which grants a credit for road impact fees, in exchange for the contribution of off-site improvements to the County's transportation network; and WHEREAS, Developer either has legal control over, or is the record title owner of certain lands described in Exhibit "A" (hereinafter referred to as "The Development") attached hereto and incorporated herein by reference, which upon development in the near future will be subject to the imposition of road impact fees; and WHEREAS, the parties acknowledge that the value of eligible anticipated construction to the County's transportation network is based upon professional opinions of total project probable costs certified by a Professional Engineer attached hereto a Exhibit "B"; and WHEREAS, the parties acknowledge, in the case of contributions of construction or installation of improvements, the value of the developer's proposed contribution shall be adjusted upon completion- of the construction to reflect the actual cost of construction or installation of improvements contributed by developer, but in any event not to exceed twenty (20) per cent of the estimated probable costs; and WHEREAS, the term "road impact construction lands" refers to the land areas directly affected by the road impact construction as defined in the Collier County Code of Ordinances sections pertaining to road impact fees; and WHEREAS, the Transportation Administrator has recommended to the Board of County Commissioners that the contribution, (the "Proposed Plan"), is in conformity with contemplated improvements and additions to the County's transportation network and that it will be advantageous to the public for Developer to contribute certain off-site improvements as _....... described herein and in Exhibit "C" which are composed of, among other things, fa are required to be made pursuant to a development order or voluntarily made in conm road impact construction. WHEREAS, the parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the road construction standards and procedures of the County and shall be first approved by the Collier County Transportation Administrator prior to commencement of construction; and WHEREAS, Developer acknowledges and agrees that it has full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation necessary to convey the contribution or land donation to the County in conformance with the .County's transportation standards, procedures, ordinances and regulations; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's transportation system; Such Proposed Plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's road impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest. WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement, as set forth in Exhibit "C" are consistent with the County's existing comprehensive plan; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. WITNESSETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: The above recitals are true and correct and shall be incorporated herein. 1. In exchange for the contribution of the construction of a portion of Oran Drive, identified and contemplated in this Contribution Agreement as set forth in Developer shall be entitled to a credit for road impact fees as more particularly desc The Developer shall receive a cash reimbursement of approximately $231,641.? payment of the cost of construction of a portion of Orange Blossom Drive subject to this Agreement. Impact fee credits shall be issued for the balance of the estimated construction costs, subject to the limitations herein. These reimbursements are subject to satisfactory receipt of all necessary documents of conveyance as determined by the County Attorney and any other conditions herein. 2. The amount of cash reimbursement and credit from road impact fees shall be determined according to the following standards of valuation: ao in the case of contributions of construction or installation of improvements, the value of Developer's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by Developer. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions. bo An initial professional opinion of probable construction costs for the construction and a time schedule for completion of the Proposed Plan, prepared by a professional architect or engineer, is attached hereto as Exhibit "B", Co A narrative description of the contribution that is the subject of this Agreement is attached hereto as Exhibit "C", do The Right-of-Way containing the improvements contemplated herein shall be conveyed to the County in fee or in a form acceptable to the County Attorney. 3. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any Develol~er's contribution unless agreed to by the County. 4. The credit for road impact fees identified herein shall run with the subject Road Impact Construction Lands, as described in Exhibit "A" and shall be reduced by the entire amount of each road impact fee due on the first building permit issued thereon and each successive building permit until the project is either completed or the credits are exhausted or otherwise no longer available. It shall be Developer's obligation to notify the County that a credit is available, each time a building permit is applied for. If a credit is available, it shall be deducted from the available balance. All credits shall be freely assignable throughout the road impact fee construction lands within Road Impact Fee District One as set forth in the area described in Exhibit "D". 5. If more than one developeror parcel is to benefit from the impact fee credits Agreement, then Exhibit "A" shall describe each parcel and identify the owner thereof assign and describe the proportion and/or initial dollar amount of the total credit availal parcel. In such circumstance, the credit available to each parcel shall be reduced by E -- NDA I'~. . . ~6, l~$b I,! e to each ~., - he enj l 26 2001 Pg. ~ amount of the road impact fees due on the first building permit issued on each respective parcel and each successive building permit issued thereon until each respective parcel is completely developed or the respective credit amounts available are exhausted for each parcel or otherwise no longer available. As well, and in all other respects relative to determining available credit or reimbursement under this Agreement, each parcel shall be treated in a manner proportionate to the credit available to it as indicated in Exhibit "A." 6. An annual review and audit of performance under this ContributiOn Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement and to report the credit applied toward payment of road impact fees and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or unilaterally modified by the County after the developer has been notified of the default and has been given an opportunity to respond. 7. The duration or availability of credits pursuant to this Contribution Agreement, shall not be for a period in excess of five (5) years from the date of substantial completion of the approved plan of construction, but in no event shall the availability of credits under this Contribution Agreement exceed seven (7) years, exclusive of any moratoria, from the date of recording this Contribution Agreement in the Official Records of Collier County, Florida. For the purposes of this Agreement, the date of substantial completion shall be the date of final acceptance by the County. 8. In the event the amount of contribution pursuant to the approved plan of construction exceeds the total amount of impact fees imposed or used on the subject Road Impact Construction Lands, Developer shall be entitled to the return of the excess or remaining balance of such contribution credit, provided funds are available and collected from future receipts by the County from road impact fees collected. 9. Developer shall keep or provide for retention of adequate records and supporting documentation that concern or reflect total project cost of construction or installation of any improvements to be contn-buted. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Contribution Agreement. 10. Upon final completion of the roadway described in Exhibit "C", the County shall inspect the roadway and if it is in compliance with the plans approved by the County, the County shall accept the road. 11. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, col- or terms of restrictions. This Contribution Agreement shall be modified or revoke necessary to comply with all relevant State or Federal laws enacted after the executior Contribution Agreement which are applicable to and preclude the parties compliance terms of the Contribution Agreement. 4 '~fi~"'~GEND'~ ITeM ' ith t~eljN 2 § 2001 pg. 6, 12. Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. 13. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. 14. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "E", attached hereto and incorporated herein by reference. 15. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 16. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 17. Developer and County agree, by virtue of entering into this agreement, that the contribution is consistent with the Collier County Comprehensive Plan. 18. Developer certifies, by virtue of entering into this agreement, that Developer is the sole owner of the road impact construction lands. An attorney's opinion of title and a statement of Developer's authority to enter into this agreement is provided by Developer and is attached hereto as Composite Exhibit "F". 19. The parties agree, by virtue of entering into this agreement, that the off-site improvements contributed are an integral part of and a necessary accommodation to the County's transportation network. 20. The off-site improvements, if any, exclude access improvements. 21. The Transportation Administrator has determined that the proposed road impact fee credit plan is consistent with the public interest. 22. Developer has provided an attorney's opinion identifying any lienholders having a lien or encumbrance on the donated land or other contribution or provided a certificate of no liens. Said opinion is attached hereto as Composite Exhibit "F". 23. Developer has provided, in Composite Exhibit "F", an attorney's opinion setting foz legal authority and validity of any business entity utilized by the developer in the executi h the AGENL ;n°' JUN 2 6 20(] pg. '7 this agreement, including an affidavit listing the names and addresses of all partners, if a partnership, and stating that the entity is in full force and effect. 24. The parties acknowledge that the donation and/or contribution is characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 25. The parties adopt the approved time schedule for completion of the Plan as set forth in Exhibit "C". 26. Any future reimbursement for excess impact fee credits shall come from future receipts by the County of road impact fees. However, no reimbursement shall be paid until such time as all development, as defined by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years from the completion of the development. 27. The road impact fee credit granted shall only be for donations or contributions made to the transportation network to accommodate growth and which were made within the respective road impact fee district where the road impact construction is located. 28. The County will construct, at its expense, Phase 2 of Orange Blossom Drive at the same time it constructs Livingston Road from Pine Ridge Road to Vanderbilt Beach Road. Phase 2 is that portion of Orange Blossom Drive that commences at the entrance to the Developer's property as set forth in Exhibit "A" and terminates at Livingston Road. 29. Developer agrees to release, prior to the receipt of any impact fee credits, in a writing suitable for recording and approved by the County Attorney's Office, any and all easements identified in the Drainage and easement Agreement of June 10, 1996 between the Developer and the Stoneburners as recorded in OR: 2193 PG: 2202. County shall grant to Developer a drainage easement within the County's Livingston Road Right-of-Way in the location shown in Exhibit AGEND~,ITi~M JUN 2 6 ?.O01 AS TO COUNTY: Attest: Dated: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISIONERS COl J .IER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: By: JAMES D. CARTER, Ph.D., Chairman First Baptist Church of Naples, Inc. By: WITNESSES: Print Name: By: Signature Print Name: Title: Signature JUN 2 6 2001 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this__day of by , on behalf of The First Baptist Church of Naples, Inc. personally known to me, or [ ] has produced driver's license no. identification. · 2001 He/She is [ ] (SEAL) NOTARY PUBLIC Name: (Type or Print) My Commission Expires: Approved as to form and le~,l sufficiency: J4c~uel~ne Hu~3b~l Robinson, Assistant County Attorney EXHIBITS TO BE ATTACHED TO AGREEMENT Exhibit "A" - - Description of Land Exhibit "B" - - Estimate of Probable Costs Exhibit "C" - - Description of the Improvements Exhibit "D" - Road Impact Fee District One Exhibit "E" - - Risk Management Guidelines Exhibit "F" - - Attorney's Opinion Exhibit "G" - County's Drainage Easement h/JackieJStandard Form of Agreements/First Baptist Church AGEND,,~A ITEM No. lt._l~ ti JUN 2 6 2001 pg.. 70 LAND PART SURVEY OF SECTION 7, TOWNSHIP 49 £OUTH. RANCE 25 EAST COLLIER COUNTY. FLORIDA SET, $89'25'49"E '2799.0a'[D&C) FOUND WELLINGTON AT LONE OAK UNiT TWO pR 17, PG. 80-82 6~T~r 477, ~ ~l ~d-G ~.~C. T~rc Eq41~ 2G1-574~ FOUND ~09~ I00.00 AORE5 HOg[ O~ N8!"03'13"W TI~ ~urvey I~ certlAed to, FN$T J~A?TIS~ C. MUROM Of NAPLES L~gel De~cnpt/~ ~O~RD O~ TRU~Tf[5 5~[ ATTAOH[D NOTE 5, rED. lo 1~ ~L ELEVA~5 ARE ~ASED ON N.G.V~. l~Z~. HOT V~D ~[55 D=~ED, ~[A~D, W V =WATE~ VALVE E~DO55ED ~TH 5[~ P O.C =P~NT Of C~ENCEHENT COPYRIGHT 1~. CAROL E. NELSON. P.L.5. ALL ~,~T~ ~[SEEVED. [] 0 ~OUND LEGEND SOUTHEAST CORNER ~. ~ I~RAN~ 25 EAST · ~r ~ jm/p, O. C. ~ ~ FOUND Exhibit A - Description of Land AGEND& ITEM No. JUN 2 6 2001 Pg._ /l Exhibit B Estimate of Probable Costs: (To Be Reviewed and Approved) AGENDA/I~TE,M, JUN 2 6 7.001 pg. t & _ Exhibit C Description of Improvements (To Be Reviewed and Approved) AGENDA,.,ITEM No.~ JUN 2 § 2001 Pg.. /3 Exhibit D - Road Impact Fee District One Western Collier Countg Florida ROAD IMPACT FEE DISTRICT 1 Begin at the intersection of County Road 951 and Pine Ridge Road; thence along Pine Ridge Road and Seagate Drive, westerly to Gulf of Mexico; thence along the Gulf of Mexico, northerly to the Lee County line; thence along the Collier County-Lee County line, easterly, southerly and easterly to the northerly extension of County Road 951; thence along County Road 951 and its northerly extension, southerly to the point of begim rog. , ,, AGENDA ITEl No. /¢.~ b!. JUN 2 6 20 pg. /~ Risk Management Exhibit E - Guidelines Risk Management Guidelines for Construction of Orange Blossom Drive Developer shall maintain in full force and effect for the duration of the construction of Phase I of Orange Blossom Drive and acceptance of the road by the County, Commercial General Liability Insurance in limits of not less than $1,000,000.00 per occurrence combined single limits. Coverage shall be written on an occurrence form. Developer shall name Collier County as an additional insured on said policy. Jeffrey Walker, Risk Management Director Collier County Government JUN 2 6 2001 r~. /~' .... Feb-26-01 01:38P John L. Sl~Jnz4ano, Esq. 941 5147557 P.02 JOHN L. ,STINZI^NO PELICAN ~AY CORJ~OI~A~E CEN~ 555~ ~i~~D D~-SU~E 555 ~P~ FLO~I~ ~J08 I ~1) 5J4-7555 F~ ~1) 514-7557 February 26, 2001 ·John O:~O Board of County Commissioners of Collier County, Florida Collier County Courthouse Naples, Florida RE: First Baptist Church of Naples, Inc. Gentlemen: Please be advised that I have acted as special counsel to First Baptist Church of Naples, Inc. ("Church") and have been requested to render an opinion regarding certain matters pertaining a proposed contribution agreement for road impact fee credits regarding Project No. 2001-001-TR-FBC pertaining to the improvement of Orange Blossom Drive, Collier County, Florida, (the "Agreement"). I do not express any opinion concerning any law other than the law of Florida and the federal law of the United States. This opinion has been prepared and is to be construed in accordance with the Report on Standards for Florida Opinions dated April 8, 1991 that has been issued by the Business Law Section of The Florida Bar, 46 The Business Lawyer, No. 4, as amended and supplemented (the 'Repo=t:'). The Report is incorporated by reference into this opinion. In rendering the following opinions, I have relied, as to factual matters that affect my opinions, solely on my examination of the Church's Articles of Incorporation, the Church's Bylaws, minutes of meetings or actions without meetings by the Church's leadership, and such other documents as I deem relevant and necessary as a basis for the opinions hereinafter expressed. I have made no independent verification of the facts asserted to be true and correct in those documents, including factual representations and warranties contained in the Agreement. 1 have also relied upon statements, representations or certificates of officials and representatives of the Church and others. In rendering the following opinions, I have made no assumptions other than those set forth in the Report. . AGENDA TEM Exhibit F - Attorney's Opinion JUN 2 6 2001 Pg. /~ Rece~vecl: 2/28/2001 14:07; ->Goocl[el:l:e,Oo~eman,~Jonneon,PA; #111 ; Page 3 Feb-26-O! O1 : 38P Oohn L. Sl=tnztano, Esq. 94[ 5[47557 P.03 Based on the foregoing, and subject to the qualifications and limitations stated in this letter and in the Report, I am of thc opinion that: 1. The Church has been duly incorporated under the laws of the state of Florida and its status is active. 2. The Church has the corporate power to conduct its business and execute and deliver the Agreement to which it is a party. 3. The Church has authorized the execution, delivery and performance of the Agreement to which each is a party by all necessary action. 4. The execution and delivery of the Agreement to which it is a party, the performance by the Church of its obligations under the Agreement to which it is a party and the exercise by the Church of the rights created by the Agreement to which it is a party do not (a) violate the Church's Articles of Incorporation or Bylaws or (b) to my knowledge, violate a judgment, decree or order of any court or administrative tribunal, which judgment, decree or order is binding on the Church or its assets. 5. Subject to the limitations contained in the next paragraph, the Agreement is a valid and binding obligation of the Church, enforceable against the Church under the law of Florida and the federal law of the United States. This opinion is furnished to you by me as counsel for the Church, is solely for your benefit, and is rendered solely in connection with the transaction to which this opinion relates. This opinion may be relied upon only in connection with this transaction and may not be relied upon by any other person(s) without my prior written consent. JLS/Ip tmziano 0 COMPOSITE EXHBIT "G" AGENDAJTEM i No. JUN 2 6 2001 J ATTORNEY'S AFFIDAVIT STATE OF FLOR/DA COUNTY OF COLLIER ON THIS 2nd day of March, 2001, before me personally appeared DAVID L. PETERSEN, a licensed attorney authorized to practice in the State of Florida, to me personally known, whose current business address and telephone number is QUARLES & BRADY m,, 4501 Tamiami Trail North, Suite 300, Naples, Florida 34103,941-262-5959, (hereinafter "Affiant"), who, being duly sworn on his oath, does say: This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, to accept a conveyance of right-of-way of the real property described in the attached Exhibit "A", which is incorporated herein by this reference, said land being located in Collier County, Florida. The Affiant has examined record title information to the real property referenced in this Affidavit which is certified through February 8, 2001 at 11:00 p.m.. Except as otherwise set forth herein, the record owner of the real property described herein, is FIRST BAPTIST CHURCH OF NAPLES, INC.., a Florida corporation, (hereinafter "Owner"). The Owner acquired record title to the subject real property by instrument recorded at Official Records Book 2193, Page 2175, of the Public Records of Collier County, Florida, a copy of which Deed is attached hereto. The subject real property described herein is free and clear of all mortgage liens and liens of any and all other nature except: (1) (2) (3) Real estate taxes for the year 2001 and all subsequent years; A certain Mortgage from Owner now held by William T. Rogers, recorded June 12, 1996, in Official Records Book 2193, Page 2183, of the Public Records of Collier County, Florida; and the following: a. Rights or claims of parties in possession not shown by the Public Records. bo Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. QBNAPL264271.1 Easements or claims of easements not shown by the Public Records. AGEND,~ ITEM uo. . JUN 2 6 2001 pg._ 1,,o do go QBNAP~26427 I. 1 Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. Ordinance No. 75-20 regulating the installation of any water distribution and wastewater collection system; Ordinance No. 75-21 protecting certain trees within Collier County; and Ordinance No. 75-24, the "Collier County Zoning Ordinance for the Coastal Area Planning District," all recorded May 19, 1975, in O.R. Book 619, Pages 1177 through 1381, inclusive, of the Public Records of Collier County, Florida. Final Order establishing and confirming Collier County Water Management District Number Seven, recorded August 12, 1968, in O.R. Book 282, Page 976, of the Public Records of Collier County, Florida. Collier County Ordinance No. 75-54, amending Ordinance No. 74-42 and No. 75-24, relating to areas of environmental sensitivity, dated December 9, 1975, and recorded December 24, 1975, in O.R. Book 638, Page 21, of the Public Records of Collier County, Florida. Right-of-way Agreement, recorded February 17, 1964, in O.R. Book 162, Page 205, of the Public Records of Collier County, Florida. Right-of-way Agreement, recorded February 7, 1973, in O.R. Book 503, Page 476, of the Public Records of Collier County, Florida. Right-of-way Agreement, recorded February 7, 1973, in O.R. Book 503, Page 478, of the Public Records of Collier County, Florida. Subject to Quit Claim Deed from the County Water-Sewer District and Collier County, Florida to the City of Naples, Florida, of all water lines, water transmission facilities, water meters and appurtenances, as well as an easement for installing and maintaining the same, dated April 18, 1978, recorded May 11, 1978, in O.R. Book 750, Page 1088, and O.R. Book 760, Page 369, of the Public Records of Collier County, Florida. Easement contained in instrument recorded June 12, 1996, in O.R. Book 2193, Page 2195, of the Public Records of Collier County, Florida. Easement contained in instrument recorded June 12, 1996, in O.R. Book 2193, Page 2202, of the Public Records of Collier County, Florida. AGEND~ I JUN 2 6 Pg. Those certain Notices of Commencement for First Baptist Church of Naples, Inc., by DeAngelis Diamond Construction recorded July 13, 2000 in O.R. Book 2698, Page 124; in O.R. Book 2698, Page 125; in O.R. Book 2698, Page 126; recorded July 24, 2000 in O. R. 2701, Page 3037; recorded August 11, 2000 in O.R. 2709, Page 1106; in O.R. 2709, Page 1107; recorded November 7, 2000 in O.R. 2740, Page 2506; all of the Public Records of Collier County, Florida. Agreement Not to Encumber or Transfer Property from First Baptist Church ' of Naples, Inc. to First Union National Bank, recorded November 7, 2000 in O.R. 2740, Page 2503, of the Public Records of Collier County, Florida. po Easement fi.om First Baptist Church of Naples, Inc. in favor of FPL Company recorded December 13, 2000 in O.R. Book 2754, Page 1012, of the Public Records of Collier County, Florida. no Notice of Commencement for First Baptist Church of Naples, Inc. by Collier Irrigations Service, Inc. recorded January 5, 2001, in O.R. Book 2762, Page 588, of the Public Records of Collier County, Florida. Affiant further states that the information contained in this Affidavit is true, correct, and current as of the date this Affidavit is given. DAVID L. PETERSEN, ESQUIRE Florida Bar No. 0833721 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was sworn to and subscribed before me this 2nd day of March, 2001, by David L. Petersen, who is personally known to me. My Comm!s_s!o_n Ex_pi~r_e_s.'_ ......... EXPIRES: I~y 21, 2004 B~nd~ ~nn~ ~ Pu~c U~ QBNAPL264271.1 NO~RY PUBLIC~ (SEAL) Print name below: ~oanne L. Roach Notary Public Serial # (if any) AGENDA ITEIV No. //.,~ ~, l . JUN 2 6 200 Exhibit G Location of County's Drainage Easement (To Be Reviewed and Approved) AGENDA.ITEM No. ~',-~ JUN 2 6 2001 pg._ EXECUTIVE SUMMARY ADOPT THE RESOLUTION AMENDING THE POLICY ESTABLISHING THE COLLIER COUNTY ACCESS MANAGEMENT SYSTEM FOR ARTERIAL AND COLLECTOR ROADWAYS OBJECTIVE: That the Board amend the access management system policy. CONSIDERATIONS: The Collier County BCC has taken prior action to designate two specific roadway facilities as controlled and limited access in order to preserve the capacity and integrity of the county transportation system. In September 2000, the BCC approved Livingston Road as a controlled access facility and in April 2001, took similar action on Collier Boulevard in designating the section from US 41 to Immokalee Road as a controlled access facility and as a limited access facility north of Immokalee Road. In order to fulfill the intent of these actions, modification to the current access management policy, Resolution 92-442, is necessary. Modifications to the ordinance include clarifying the delineation between specific controlled access designation and the degree of control for all other facilities. The Transportation Services Division will shortly commence with a series of tasks that include the development of a secondary road system plan and an update to the existing and future roadway functional classifications. At completion of these tasks, both the secondary road system plan and the functional classification update will be presented for BCC approval. At that time, it is anticipated that the Access Classifications identified in the amended policy will also be brought back to the BCC for consideration and approval. Estimated schedule of completion of these three tasks is fall of 2001. FISCAL IMPACT: The action of the resolution does not create a fiscal impact. GROVVTH MANAGEMENT IMPACT: Access management is an integral component in protecting the capacity of the roadway system and providing acceptable level of service to the traveling public and is therefore consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the resolution am end ing~:,9-a,cc~. ~ern_ent.policy. Prepared by:/~ ~/~ ~~--~/~, Date: ~/~//~ / Da~vn R. Wolfe,.,~.~*~lnsportpti,~n Planning Director Reviewed by= ~'.~_0__e¢.,,_~/~'~ ~ .~_r~-~_ ~ ,~'~F"--- Date: J~:~'H~u~L~ ~°~sT' Assistant C°unty Att°rney Approved by:/r' [.~~ ~ ~ Date: ~o--~an E.~j :r, T~,~rtation Services Administrator ~/'~'~/~ '/ ,~GENDA, JTEM-., JUN 2 6 2001 RESOLUTION NO. 0 I- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AlVl~ND]NG THE POLICY FOR ACCESS MANAGEIVIENT FOR. ARTERIAL AND COLLECTOR ROADWAYS IN COLLIER COUNTY WHEREAS, Collier County is tl~ ~ fas~st growin~ mtvaupolimn twa in the Uinted States; and WHEREAS, with this growth is an mc~ase in both l~affic volumes ~nd accesm~ility to the coumy roadway system; tad WHERF_,AS, Colh~ County has adopted a Growth Management Plan pursuant to the ~tafir~nm~ of S~ction 163.3161 et. seq., Florida Statutes, which Plan, und~ Policy ?.1 of the Traffic Ci_,mfl~tion Elements, mandates that a policy be adopted for access managemem of the roadways of Collier County; tad WHEREAS, access to arterial and coll¢ctur roadways mus! be planned and controlled so that thc safety, capacity and operating conditions of the roadways will not b~ adversely impacted; tad WHEREAS, Collier Comity has adopted by r~solutions the specific desi~llatioll for LiviRgston Road ~md Colher Boulevard (CR 951) as controlled and limited acc~s facilities. NOW, TIlER.FORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT thc Access Control Policy as comained in Resolution No. 92-442 as adopted on August ll~, 1992, is rescinded tad replaced as contained in the attached Exhibit "A", Pages 1 through __, reclusive, and h~r~by adopted tad this policy shall be implem~ntext on adoption of thi Resolution.. BE IT FURTHER RESOLVED that the appmtmatc staff of thc Transportation Services Division, with concurrence of the appropriate staffofthe Development Services Division, ar~ h~mby-directed to apply this Policy in the dcvelopmcm of roadway improvcmcn! projects and review and penmttinE of all development projects. This Resolution adopted after motion, second, and majority vote. _ DATED: ATTEST: ~ight E. Brock, CLERK BOARD OF COUNTY COMMISSSIONERS COLLIER COUNTY, FLORIDA - Jta~s D. Cart~, PhD., Chairmim Approved as to form and legal suffici~mcy: !acquel~e Hubbard Robmso= " Oqdlier ~ounty Attorney JUN 2 6 2001 Pg. ~ JUN 2 6 2001 Pg. .~ 2.08 EXFITRIT A POLICY ESTABLISHING THE COLLIER COUNTY ACCESS MANAGEMENT SYSTEM FOR ARTERIAL AND COLLECTOR ROADWAYS SECTION ONE: pURPOSE This Policy replaces that established by Resolution No. 92-442 for the access classification system and standards m implement regulation and conlro] of vehicular ingress to, and egress from, arterial and collector roadways. The unPlementation of the classification system and standards is intended to promct public safety and general welfare, provide for mobility of people and goods, and preserve lite functional integrhy and capacity of arterial and collector roadways. To the extent that Collier County has jurisdiction to do so, all limimd-access, controlled access, arterial and collecwr roadway facihties shall be assigned an access classification and access slandard. These standards shall be the basis for developing access managen~nt plan~ for county roadway urlprovements and modifications, and for roadway or driveway connection p~milxing. SECTION TWO: DEFINITIONS 2.01 Arterial - A signalized roadway that serves primarily through traffic and secondarily abutting properties and that generally has signal spacing of two miles or less. 2.02 Classes - categories of arterials primarily grouped by signal density. 2.03 Collector - A slreet providing land access and mdtic circulation service to a residential, commercial or induslrial area. Secondarily provides for local through traffic. 2.04 Connection - a driveway, street, turnout or other means of providing for the right of physical access to or from a pubhc roadway. For the purposes of this resolution, two one-way connections to a properS.' may constitute a single connection. 2.05 Connection Spacing - the allowable distance between connections, measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection,. exclusive of radii, along the edge of the traveled way. 2.06 Controlled Access - means access, median openings, and traffic signals are highly regulated. 2.07 Coroer Clearance - distance from and intersection of a driveway or street connection and a limited-access, controlled access, arterial or collector facility. This distance is measured from the closest edge of pavement of the connection, measured along the traveled way. The closest edge of pavement shall be wilix existing lanes or future lanes, including turn and merge lanes, where a roadway segment is part of an adopted five-year plan. Directional Median Opening - an opening in a median that is restrictive to moveroents made from or to the major roadway including the lirmtation of let-turo in, left-turn out, no U-tuts, U-turn only, or combination of the above. 2.09 Division - the Transportation SerVXces Division of Collier County administered by the Transportation Administrator or his/her duly authorized representative. 2.10 Full Median Opemng - a reedmn opening designed to allow for all mov~,'ments to and from a major roadway. U-tums may be prohibited at full median openings. 2.11 Intersection - an at-grade connection or crossing of local, collector, arterial, cnnU'olled a~cess or limited access roadways that may be eiliaer public or private. 2.12 Medruns - areas, preferably at least ten feet Vade, painted, raised or grassed, that separate opposing-direction, mid-block traffic lanes and that, on artemis, contain turn lanes thai allow left tuning vehicles to exit from the through lanes. 2.13 Median Opening Spacing - the allowable spacing between opemngs m a median to allow for crossing of opposmg lanes of traffic to access other roadway facilities, property access or provide for U-turo movement~. The spacing distance shall be measured from cen~rlme to centerlme of openings along the trav¢l~ way. Page 1 of 7 2.14 Permitting Authority - Project Review Services of the Development Services Division or other duly designated authority of Collier Coumy w/th ali provisions of th/s Resolution as it ~pplies to connection and its a~mdan! permitli~ process, beinE rev~ewad and approved by the Transportation Services D/vision of Collier County. 2.15 Reasonable Access - the number of d/rec~ or redirect connections necessary to prov/de regress and egress to the lilmted access, con~rolled acceas, m~*rial or collector facilities from abutting properties and local roadways based on the Access Management s~ndaxds, roadway operations and type and/ntensity of land use. The apphcan! may subm/t site-spec/ftc/nfol'm~tion that the ~pl/cana deems pert/nent to the Perm/ttmg Authofity's review of proposed connection pernut 2.16 Service Ro~l - a public or pfivste street or roadway, aux/1/ary to, and normally, but not requn'ed to be, parallel to a con~rolled or l/m/ted access fac/I/ty, which has a pr/mary purpose to mam~am local road continuity, provision of access to adjacent parcels or development and mi~i~g the mm~ber of connecl/ons to a lira/ted or con~rolled access f~c/lity while main~a/n property access 2.17 Signal Spac/ng - the allowable spacin~ bet~ween adjacent traffic signah on l/mited access, controlled access, arterial and collector fac/l/ties as measured from cen~lme to centerlme of the signalized/ntersections along the traveled way. 2.18 Significant Change - a cb~ge in the use of the property, including land, s~rucmres or facfl/ties, or an expansion of the size of the exist/rig s~uctures or fac/lities which will cause at least a 25 % increase m additional new trips, either peak hour or daily, entering or exifil~ the site or which ~s projected to exceed 100 raps per day more than the existing use, whichever is less. The number of trips shall be determined using the most current edition of the "Trip Generation Manual" of the Institute of Transportat/.n Engineers. Where such additional traffic is proposed or pro~ected, the property owner shall contact the Perm/r~mt Authority to de~ermme if a new perrmt applicat/on or mod/ficafion to an existing p~t shall be required. If the per~mtting Authority deterrames that the increased waffle generated by the change/n use does not requ/re modifications to the existing Per/mt or existing access connection, a new permi! application shall not be requll~t. 2.19 Traveled Way - the poraon of the roadway for the movement of vehicles, exclusive of shoulders. 2.20 Turn Lane - tha! pomon of the roadway deal/cared to the turomg movemenl (left-, nghi-, or U- turning) of vehicular trail% onto or off of the through ~rafl:/c lanes to adjacent s~reets or developments. A turn lane mus~ be long enough to accommodate enough turning vehicles to allow the free flow of the through traffic. ~ SF~CTION THREE: CONNECTION PERMTT REQUIREMENTS 3.01 Connection permi! apphcations on all public roadway facilities shall be reviewed in accordance with the reqUn'ements of Ordinance 82-91, as amended or superseded (Collier Count, Construction St~-dsrds for Work Within Rights-of-Way) and this Policy. Access classifications and design standards axe shown in Table 1 and are flirter defined and described in Section Four oft.his Policy. 3.02 Existing perrmtted connections, existing median openings are not reqmred to meet the s~anclards of the assigned classification. Such features shall generally be allowed to remain in place unless for safety, operation or protection of the roadway capacity deemed necessary to modify or close by Collier Cotmty. These features shall be brought into reasonable conformance when new connection permits are granted, followin~ significant changes in property usc, or as changes to thc roadway design occur. 5.03 A property that cannot be permnted access consistent with the standards for the classification assigned to that particular roadway segment and which has no other means of reasonable direct or indirect access as determined pursuant to the connection permit process, shall be issued a Page 2 of 7 AGENDP~3.TE ~ No. I~ if) ~ JUN 2 6 Pg. ~ _ 3.09 3.09.2. l 3.09.2.2 conforming perm/t by the Pemtitl/ng Authority for a single connection pursuant to this Pohcy. If additional connections arc requested and approved, they shall be considered non-conforming and shall contain restrictions am:For removal provisions. 3.04 Access class standards represent desirable requirements for each access class. As segments of roadways are analyzed and connection ponulm are apphed fro, the ultimate goal is W exceed these standards thereby providing for the preservation of the capacity, safety and general welfare of the traveling public. 3.05 The connection and median opening spacing standards specified m this policy may not be adequate m some cases. Cxreater distances between connect/om and median openings may be requ/red by the permatting Authority to provide sufficient location specific traffic operations and safety requirements. In such instances, the Permitting Authority shall document, as part of the response to an application submitted pursuant to this Policy, a justification based on traffic engineenng principles, as to why such gxeater distances are required. 3.06 When a full median opening is constructed or reconstructed to allow for opposing left turns or U- tm'ns only, these openings shall be considered as one opening. 3.07 Adjacent propemes under the same ownership shall not be considered as separate properties for the purpose of applying the standards associated with the access class of the adjacent roadway segment, but shall be deemed to be one parcel Applicants requesting connections for one or more adjacent propemes under the same owners.hip may, however, as part of the permit application process, request that the propemes be considered individually for connection permitting purposes. Such requests shall be included m the permh application and shall provide specific analyses and justification of potential capacity decrease, safety and operational hazards associated with the compatibility of the volume, type, or characteristics of the traffic using the connection. Such properties and single ownership properties with frontage exceeding the standards of the assigned class may not be allowed, pursuant to the perrmt application process m this Policy, the maximum number of connections, median oponmgs or signals based on the spacing standards. The total number of connections allowed will be the minimum necessary to provide reasonable access. Leasehold interests existing Frior to the effective date of this Policy or a bon~fide contract for sale may be considered as separate ownership from the parent tract for the purpose of this Policy. Such leasehold interests or contract~ may not, however, be the sole criteria for determining separate ownership for purpose of m~Plementation of this policy. 3.08 The speed criteria refen'ed to in Table 1, Access Classification and Standards, means the posted speed limited for the roadway segment either existing or the established design posted speed limit for facilities identified for ~-mprovement or not yet m existence. Comer clearances for connections shall meet or exceed the connection spacing requirements for Classifications 2 through 7. However, a single connection may be placed closer to the intersection for the circumstances set forth in Sections 3.09.1, 3.09.2 and 3.09.3 following and pursuant to the permit appl/cation process of this Policy. 3.09.1 If, due to property sme, corner clearance standards of this Policy cannot be met, and where joint access which meets or exceeds the applicable comer clearance standards cannot be obtained with a neighbonng property, or, in the determinaVJon of the perrmtting Authority, is not feasible based on conflicting land use or conflicting traffic volumes/characteristics, then comer clearance measurements in Table 2 may be used to penmt connections. Such properties, for the purpose of this Policy, are called "isohted comer psupemes". In cases where connections are pemntted under criteria specified in Table 2, following, the permit shall contain the following additional conditions: There shaB be no more than one connection per road frontage. Where joint or alternate access meets or exceeds the applicable comer clearance becomes available, the permit-tee shall close the peruntted connection, unless the pexmittee can then show, by presentation of competent evidence, that such closure is not feasible because of conflicting land Page 3 of 7 3.09.3 3.09.4 use, coxfflicting traffic volumes/characteristics, or existing ~ueturas preclude a chnnge in the existing connection, The comer clearance m~asurements for the isolated comer properties set forth m Section 3.09.1 above, shall be as defined in this section, Classes 3 through 8, reclusive. Corner clearances for "isohted comer propemes" sre as follows: Table 2 Corner Clearance at Intersecflom ~ MEDIAN Position ~sCe~ss Allowed Standard fFeet) Codel Approaching intersection Right ]n/Out 115 A Approaching intersection Right In Only 75: B Departing Intersection Right In/Out 230(125)~ C Departing Intersection Right Ou! Only 100 D pgsitlon Access Allowed Standard ~Feet) Code~ Approaching intersection F~ Access 23~ 125)° C A~oac~g mte~ecUon ~t ~ ~y4 l ~ D ~ ~t~cc~on F~ Access 230(125)~ C ~ ~e~on ~ght ~t ~y~ 1 ~ E ~ - Refer to Fi~ 1. ~ - Subject to ea~e-by-e~e ~nalyms; may be increased depending on traffic chmmeteri~ics ~nd intertron geometry. a _ Access Class 7 may use the measutemem in parenthesis, 4 _ Connection by design will effectively eliminate unp~'rmtted movements. JUN 26 2001 Pg. ~ 3.10.1 3.10.2 3.10.3 3.10 Connections and median openings located within the i/, mile from the limited-access mterchnnge (includes the entire limited-access right-of-way frontage) shall be regulated consistent with the requirements of the Rules of the Department of Transportation, Chapter 14-97, State Highway System Access Management Classification System Standards, Flor/da Department of Transportation, as may be amended, and on controlled access and arterial roads within the first V= or V, mile, respectively, or first existing miersection whichever distance is less, shall be regulated to protect the safety and operational efficiency of the Imuted access facihry. The d~Stance to the first connection shall be at least 660 feet where the posted speed hmit is greater than 45 mph, and shall be at least 440 feet where the posted speed limit is 45 mph or less. This distance will be measured from the end of the taper for that particular quadrant of the interchange on the arterial facility. A single connection per property not meeting this connection spacing may be provided, pursuant to the connection Pernnt process, ff no reasonable access to the properv/ exists and if the pernnttmg Authority review of the connection pernnt apphcation provided by the apphcant determines that the connection does not create a safety, operational, or weaving hazard. In such cases, apphcation for more than a single connection shall be examined as non-conforming connections. The distance to the first median opening shall be at least 1320 feet as measured from the end of taper of the egress ramp. . Connections and median openinEs meeting spacing standards may not be penuiued in the location requested m the permit application if the p~-smttmg Authority determines, based on traffic engineering principles, the engineering and traffic information provided in the pern~t apphcauon shows that the capacity, s~fety, or operation chaxacteristics of the interchange or the limited access highway or ro~lway would be adversely affected. 3.11 Locations for proposed sigmtlizntion meeting sigmtl warrants which are at mt~rvais closer than the standard for the access class for the roadway segment shall be considered by the pmtung Authority, but may only be approved where the need for such signals is clearly demonstrated for the safel3 and operational characteristics of the roadway based on Permitting Authority Re,dew of the Ixaffic and signal information provided by the applicant in the connection pernut applicaUon. Page 4 of 7 JUN 2 6 2001 Pg.. ( SECTION FOUR: ACCESS CLASS DESCRIPTIONS AND STANDARDS 4.01 4.01.1 4.01.2 4.01.3 4.01.4 4.01.5 4.01.6 4.01.7 The access classification system and standards are shown m Table 1. The Access Management Cl~sifications are re'ranged from the most resmctive (Class 1) to the least restrictive (Class 7). The standards for each class axe differentiated where the posted speed limit is greater or equal to 45 mph as dmtingulshed from where file posted speed limit is less ~ 45 mplx The general description for Access Management Classifications 1 through 7 for comity roadways is as follows: Access Class 1, Limited Access Roadways. These highways do not provide direct property connections. Roadways in this class provide for efficient ~:1 safe high ~ and high volume traffic movements, serving interstate, interregion, l, mtercity, ~,~d t~ a l~ser degree, mtmdity travel needs. Access Class 2, Conlxolled Access Roadways. These are highly controlled access facil/t/es digtingmshed by the ability to serve high ~peed and high volume traffic over long distsnces m a safe and efficient manner. These roadways are distmgmsbed by a system of existing or planned service roads or other lower class roadway connections to provide for localized access. Access Class 3, Arterials, divided. These facilities are controUed access facilities where direct access to abutting land will be controlled to maximiTe the operation of the through traffic movement. This class will be used where existing land uses and roadway sections have not completely built out to the maximum ]and use or roadway capacity or where the probability of significant land use change in the near future is high. These roadways will be distinguished by existing or planned median restrictions and maXXmum distance between traffic signals and driveway connections. Access Class 4, Arterials, undivided. These facilities are controlled access facilities where direct access to abutting land will be controlled to maximize the operat/on of the th_rough traffic movement. This class will be used where exishng land uses and roadway sections have not completely built out to the rnaxtmum land use or roadway capacin., or where the probabihty of significant land use change m the near ~ture is high. These roadways will be distinguished by existing or planned non-restrictive median treatments or no median treatments. Access Class 5, Arterials, divided. This class will be used where erdStmg land uses and roadway sections have been built out to a greater extent than those roadway segments classified as Access Class 3 and 4 and where the probability of major land use change is not as high as those roadway segments classified as Class 3 and 4. These roadways will be distinguished by cresting or planned median reslrictions. Access Class 6, Arterials, undivided. This class will be used where existing land uses and roadway sections have been built out to a greater extent than those roadway segments classified as Access Class 3 and 4 and where the probability of major land use change is not as high as those roadway segments classified as Class 3 and 4. These roadways will be distinguished by existing or planned non-restrictive median treatments or no median treatments. Access Class 7, Arterials, ~vided and undivided. This c]ass shall only be used in orbamZed areas where ex/sting land use and roadway sections are built out to the maximum intensity and where significant land use or road widening will be li~ted. This class shall be assigned where there is httle intended purpose of providing for high-speed travel. These roadways can have restrictive, non-restrictive or no median treatments. SECTION FIVE: ASSIGNMENT OF AN ACCESS CLASSIFICATION TO Al.!, ARTERIAL AND cOLLECTOR ROADWAYS Access Management Classifications (Class 1 through 7 as defined in Section Four) are based on the criteria delmiled in Section 5.02. These critcna take into account the functional classification as well as other Page 5 of 7 dizparate traffic characteristics. It is the intent of tim Section Five to assign a classification to roadways and to ind/vidual roadway segments tha~ is con~isten~ with sound planning principles and engineering practices. 5.02.1 5.02.2 5.02.3 5.02.4 5.02.5 5.02.6 5.02.7 5.02.8 5.02.9 5.02.10 5.01 Facilities that are functionally classified by the County as Arterials or Collectors shall be assigned one of the Access Management Classes 3 through 7 except for State Highways which sh&ll be classified by the Florida Department of Transportation using their own criteria and where the Board of County Commissioners has taken or may take future action to designate specific fac/lities as Limited-Access or Controlled-Access facilities. These currently include Livingston Road (entire length) and Collier Boulevard (CR 951) from US 41 to lmmokalec Road as Controlled-Access facilities (Class 2) and the future extension of Collier Boulevard (CR 951) north of lmmokalee Road as a Limited Access facility (Class 1) The assi~,nment of classification to a specific segment of roadway shall be the responsibility of the Transportation Services Division with ultimate approval by the Board of County Commi*sions. 5.02 The classification decision shall ~ake into consideration the potential for the desired access management classification and standards to be achieved based on existing land use, probability for land use change, adopted future roadway plans, and on ultimate roadway cross-section identified in the adopted plans. The assignment of a classification shall take into account consideration the folloWing factors: The current and potential functional classification of the roadway; Existing and projected future traffic volumes; ExisUng and projected state, local and Metropolitan Planmng Organization transpormuon plans and needs, including consideration of new or improved parallel facilities; Drainage requarements; Adjacent land usc characteristics (existing and projected); Local land use plans, zoning and land development regulations as se! forth in the Gro~'th Management Plan; Type and volume of traffic requiring access; Operational aspects including corridor accident justory; Availability of reasonable access to an arterial or collector roadway by way of adjacent local streets as an alternative to a direct connection to an artenaI or collector; Cumulative effect of existing and projected connections on the arterials' or collectors' abili~, to provide save and efficient movement of people and goods W~thm the County. 5.03 Table 3 depicts thc assigned Access Management Class based on the criteria enumerated in Section 5.02 for all existing and presently proposed major collectors and arterials. Thc designation of Livingston Road as an Access Class 2 and Collier Boulevard (CR 951) as Access Class 1 and 2 as previously described shall take precedent over Table 4. 5.04 Activity Center access management plans are defined in the Land Development Code but are subject to rcwew and approval on a case-by-case basis as land use proposals for development and redevelopment are submitted. The access shall be consistent with the intent to provide for the preservation of capacity and the safety of the traveling pubhc. JUN 21~ 2001 Pg. ~: SECTION SIX: REVIEW,' AND MODIFI(~ATION OF CLASSIFICATIONS 6.01 The TransportaUon Services Division shall review the Access Management Classifications for specific segments of arterial and collector roadways when a major change in any of the factors Page 6 of 7 6.02 noted h~in have occurred or annually, whichever occurs first The r~view shall take the same form and pro~dur~ as outlined in Section 5 of this Pohcy. A written r~lu~st may bt made by any p~cson or organi?ation to tl~ Transportation Services Administrator that the Transportation S~'vi~s Division to r~view the access classification of any a-pceific segn~nt (s) of an axmrial or coll~ctor roadway at any tin~. Such writt~m r~qu~t shall include the specific basis to justify why the change in th~ roadway segn~t classification is btmg ~ought, and shall indicam th~ d~i~d roadway segment classification and th~ s~-'ific justification thc-refore, based on the cril~-ria contained hm'ein. The Admi'ni~trator shall consid~' ~aeh such rvqu~st, coordinating with th~ appropriau~ organizations and commiUe~s nan~ h~r~m, and may initiate a study to ckt~mine if th~ reclassification should bt apF,oved, approved in a modified form, or denied under crit~wia outlined h~r~m. Said proposed r~elassification shall be submitted to the Board of County Commi.~sion~rs of Collier County with appropriate back~ound data for final adoption or demal. SECTION SEVEN: AMENDMENTS This Policy may bt amended from Ume to Ume by Resolution of the Collier County Board of Commissioners. AGEND~ITE~ No.. JUN 2 6 2001 Page 7 of 7 Z Z z JUN 2 $ 2001 ~I~IB, U~_~ORNER ' CLEARANOE,g · ':. ( REFER TO TABLE ,~2") - D · FIGURE 1 .~G E 1'~3A ITEM NO.J ~',,~"~. !,~__ _ JUN 2 ~. 2001 JUN 2 6 2~01 JUN 2 ~ 2001 IJUN 2 ti 2001 p~. I~- EXECUTIVE SUMMARY APPROVE CASH BOND AGREEMENT AS GUARANTY FOR THE COMPLETION OF THE ROADWAY IMPROVEMENTS FOR THE SOUTH ROAD AS REQUIRED BY THE CREEKSIDE COMMERCE PARK PUD WITH CREEKSIDE WEST, INC. OBJECTIVE: To obtain Board approval of a cash bond for the completion of the roadway improvements for the south road as required by the Creekside Commerce Park PUD with Creekside West, Inc. CONSIDERATION: The Creekside Commerce Park PUD and the Granada Shoppes PUD are required by their respective development approvals to construct a roadway between US 41 and Goodlette- Frank Road. Completion of this road has been delayed in part by Collier County utility improvements within the same road right-of-way. Developer Contribution Agreements are in place with both developments to allow impact fee credits for the design and construction of the road. Both developments are seeking use of those impact fee credits at this time but are unable due to the fact that the road improvements are not complete. By approving the Cash Bond Agreement, the developments will be able to utilize the impact fee credits as provided in their respective DCAs because the completion of the road will be assured. The developer has agreed to finish construction of the roadway within 120 days and if not, will forfeit the cash bond. The Creekside portion of the road is approximately 90% complete. The Transportation Services Division has reviewed the request and the estimates to complete as prepared by a registered Professional Engineer and agree with the request. FISCAL IMPACT: The issuance of impact fee credits is consistent with the previously approved DCA and the funds, as provided under the Cash Bond Agreement, are sufficient to complete the roadway improvements if the developers default and fail to complete. No additional county funds will berequired. The Cash Bond Agreement is in the amount of $43,943.24, which includes a 20% contingency. GROWTH MANAGEMENT: The construction of the south road will provide for parallel capacity to Immokalee Road, a major east/west arterial facility, as well as the ability to direct development ac, .,~:,:, ,:,ff zf A~NDp~ IT~I~ the arterial roadway system. This is consistent with the Growth Management Pla ~. NO. ttt~,Dl JUN 2 6 2001 Pg. I RECOMMENDATION: That the Board of' County Commissioners approves the Cash Bond Agreement. Prepar/~b ~.~a~(/~¢?.-.~ /7 /7 /~'/~~%,/~4~~C Date: 15~'~R. Wol~spo~l~ng Dep~ent Director Reviewed by: ~ tJac~line ~b~d Robinson, ~ssist~t Co~ A~omey Date: ~ Date: ' 'Da~n R. Wol~ffranspo~~lanning Department Director 2 JUN 2 6 2001 pg. CASH BOND AGREEMENT - CREEKSIDE This Cash Bond Agreement ("Agreement") is entered into and made on this day of June 2001, by and between COLLIER COUNTY, ("County") and CREEKSIDE WEST, INC., a Florida corporation, whose post office address is 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, (hereinafter singularly or collectively referred to as "Owner"), with respect to the uncompleted roadway improvements from U.S. 41 to Goodlette-Frank Road through the Granada Shoppes entrance and PUD then to the south road in the Creekside Commerce park PUD, ("The Project"). WHEREAS, the Developer is to receive road impact fee credits pursuant to Ordinance 92-22. as amended, and a developer contribution agreement for the design and construction of the Project: and WHEREAS, Owner has provided a cost estimate that is acceptable to the County for the Project; and WHEREAS, Owner and County agree that any impact fee is based upon the impact to the roads created by Owners' development; and WHEREAS, the amount currently estimated for the total cost of the Project is $614,222.21; and WHEREAS, the Project has not been completed at least partially because of delays caused by the County: and WHEREAS, County agrees that it will complete the project if this Bond is forfeited: and AGENDA ITEM.. No. !t_n~ I% JUN 2 $ 2001 pg. '~ WHEREAS, the parties acknowledge Owner is entitled to receive credits upon the posting of a Cash Bond to complete the Project: and impact fee WITNESSESSTH: NOW, THEREFORE, in consideration of the mutual obligations and covenants exchanged between the County and Owner, the receipt and sufficiency of which are mutually acknowledged, the parties incorporate the foregoing clauses as though fully set forth herein and below and agree as follows: 1. Ocean Boulevard Partnership and Ocean Boulevard Partnership II are held and firmly bound unto the County in the sum of $36,619.37 for the uncompleted portion of the Project, plus a contingency of 20% for a total aggregate amount of $43,943.24 to be tendered to the County in lawful money of the United States, the payment of which sum is to be well and truly made, binding themselves, their heirs, executors, administrators, successors and assigns, jointly, severally and firmly by these presents. 2. The sum set forth above shall be tendered to and deposited with Collier County immediately upon the execution and approval of this agreement by the Collier County Board of County Commissioners. 3. The purpose of the Cash Bond is to guarantee the obligation of the Owner to complete the roadway previously described herein. 4. Pursuant to the November 14, 2000 Developer Contribution Agreement, the condition of this obligation is such that the Owner has submitted for preliminary AGENDA ITE~-~ NO. !(,.~ _(~ JUN 2 6 2081 pg. ~-~ o acceptance by the County an uncompleted portion of a certain roadway named Creekside Boulevard which was the subject of said Developer Contribution Agreement and the Owner has the responsibility of completing this roadway, (also referred to herein as "the Project"). If the Project has not been completed within one hundred twenty (120) days or by October 26, 2001, unless completion has been delayed due to an act of God or due to action or inaction by the County or another governmental agency, Owner shall forfeit the Cash Bond to the County. This obligation of the Owner shall commence on the date this Cash Bond Agreement is executed by the County. The County may use these funds, if forfeited, to complete the project. Once the Cash Bond is received by the County, impact fee credits may be issued pursuant to the terms of the Developer Contribution Agreement. If the Owner shall: a). well, truly and faithfully perform its obligations and duties and complete the construction of the Project in accordance with the Developer Contribution Agreement during the guaranty period of ninety (90) days established by the County under this agreement; and b). satisfy all claims and demands incurred; c). fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so; d). reimburse and repay the County all outlay and expense which the County may incur in making good any default; and e). complete the construction of the Project; then, this obligation shall be void and terminate and Owner shall be AGENDA ITEM..~ No. JUN 2 6 2001 Pg. o 10. 11. 12. entitled to the cash on deposit as the Bond, otherwise it shall remain in full force and effect. In consideration of the County permitting the release of road impact fee credits as provided for under the aforementioned Developer Contribution Agreement, this Cash Bond agreement shall be binding on the Owner. Owner, for value received hereby, stipulates and agrees that, except as provided in Paragraph 5, no change, extension of time, alteration, addition or deletion to the proposed specific improvements of the Project, as determined by the County, shall in any way affect its obligation under this Cash Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements needed for the Project. It is expressly agreed that the Cash Bond shall be deemed amended automatically and immediately, if a change, extension of time, alteration, addition or deletion to the proposed specific improvements are needed for the Project without separate amendments hereto, so as to bind the Owner to the full and faithful performance in accordance with this Cash Bond agreement and aforementioned Developer Contribution Agreement. The term "Amendment," wherever used in this Cash Bond, and whether referring to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this CASH BOND to be executed this ~ day of ,2001. AGENDA,.ITEM No._. I ~.z~ (5 L.~ JUN 2 6 2001 Pg. (t9 AS TO OWNER: WITNESSES: CREEKSIDE WEST, INC., corporation a Florida Witness Print Name Witness Print Name BY: Paul J. Maxinelli, President STATE OF COUNTY OF The foregoing was acknowledged before me this ~ day of ,2001, by Paul J. Marinelli, as President of CREEKSIDE WEST, INC., a Florida corporation, on behalf of the corporati6n and is personally known to me. (SEAL) Notary Public Print or Type Name ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLI.IER COUNTY, FLOR[DA Deputy Clerk By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: quel &e Hubblrfi-Robinsoh ~sistant County Attorney 5 AGENDA ITEM JUN 2 6 2001 F:\users~,BETSY~Wp9~BARRON COLLIER\CREEKSIDE\Cash Bond-Creekside.wpd 6 AGENDA_ITEM No, I~P~ i~Z~ JUN 2 6 2001 8 ' i r'"- AGENDA JI'EM '~ JUN 2 8 2001 AGENDA ITEM ~o. I~ ~,~ i~, JUN 2 6 2001 lEI ,-'1~I~! I~'1 I I"'I I~ ~ f Z - ~g .... ~ .... ~o '8~o6~ AGENDAJTEM.~ JUN 2 $ 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID g01-3239 FOR PELICAN BAY STREETSCAPE IRRIGATION SYSTEM PHASE I AND II TO COIJJER IRRIGATION SERVICE, INC. AND APPROVE THE CHAIRMAN TO EXECUTE THE CONTRACT DOCUMENTS UI~N ATYORNEY REVIEW. OBJECrlVE: To award Bid g01-3239 for Pelican Bay Streetscape Irrigation System Phase I and II to Collier Irrigation Service, Inc. and approve the Chairman to execute the contract documents upon Attorney review. CONSIDERATIONS: On May 21, 2001, invitations to bid were sent to fifty-four (54) contractors. The Bid opening was held on June 11, 2001, three proposals were received. Staff has reviewed the proposals and finds the lowest Bidder to be Collier Irrigation Service, Inc. The proposal from this Iow Bidder meets all specifications of the Bid, therefore, staff recommends that Bid g01-3239 be awarded to Collier Irrigation Service, Inc. In addition, this Contract will be incorporated into the standard Collier County Contract and, therefore, we would request that the Chairman be authorized to execute the contract documents upon attorney review. FISCAL IMPACT: The fiscal impact for Bid g01-3239 is $495,716.00. Funds for Phase I are available in the Pelican Bay Irrigation and Landscape System Analysis Fund. Funds for Phase II have been requested in the Pelican Bay Services Fiscal Year 2002 budget. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners award Bid g01-3239 for Pelican Bay Streetscape Irrigation System Phase I and II to Collier Irrigation Service, Inc. and approve the Chairman to execute the contract documents upon attorney review. PREPARED B /yames P. Ward /Department Director DATE: ,- . ' "- DATE: REVIEWED BY: ' Steve Camell Purc..has/tfg,J3i rector w~d J: nt, ~E., "~ '~or APPRO~D BY: / ~/, '/~ DATE: No~ Feder, AICP, Administrator Tran~o~ation Division JUN 2 6 2001 6 2001 2001 AGENDA ~UN ~ Il EXECUTIVE SUMMARY APPROVAL TO REPLACE THE PARATRANSlT VEHICLE COLLISION ON 11123199. TOTALED IN A OBJECTIVE: To approve the purchase of a replacement paratransit vehicle totaled in a collision on 11/23/99. CONSIDERATION: On November 23, 1999 a County-owned paratransit vehicle, one 1996 Ford Startrans Supreme Bus (VIN#1FDKE3OF2SHCO8686) was totaled in a collision. Collier County received $25,000 in proceeds from the insurance settlement. The Florida Department of Transportation (FDOT) in conjunction with the Federal Transit Administration (FTA) had provided funding for the purchase of the vehicle subsequently totaled in the collision. (FDOT holds liens on all vehicles purchased in this manner.) FDOT released its' lien on the vehicle predicated on the purchase of a replacement vehicle with proceeds from the insurance settlement. The current cost of a comparable patratransit vehicle purchased through the Florida Vehicle Procurement Program (FVPP) is $41,508. Therefore, staff is requesting that the Board approve the purchase ora replacement vehicle at a cost of $41,508. Funding for the vehicle to be provided from the $25,000 insurance settlement combined with an additional $16,508 from the General Revenue Fund. ($25,000 + $16,508 = $41,508) ,~xFISCAL IMPACT:. Staff has requested the County funds ($16,508) be included in the FY02 budget. The Board has the option of returning the $25,000 in insurance proceeds to FDOT or adding the requested County funds to the insurance proceeds to purchase one new paratransit vehicle. Funds will not be required until after October 1, 2001. The $25,000 in insurance proceeds was deposited in the Transportation Disadvantaged fund. GROWTH MANAGEMENT IMPACT: There is no impact to the County adopted Growth Management Plan. RECOMMENDATION: That the Board approve the purchase of a replacement paratransit vehicle using proceeds from the insurance settlement and General Revenue Fund, and approve any budget amendments necessary to receive and use these funds. Prepared by:<~~ David ~2 Reviewed by: . ,/~ Dawn~ Approved by: / Norma1 Feder, Trans: / ~ ~Manager t/t~,Trans ~ 'on ~/a)nning'Director >ortation Services Administrator Date: 6/04/01 Date: 6/04/01 Date: 6/04/01 AGENDA ITEM, JUN 2 6 2001 PI[._ ~. EXECUTIVE SUMMARY APPROVE CASH BOND AGREEMENT AS GUANRANTY FOR THE COMPLETION OF THE ROADWAY IMPROVEMENTS FOR THE SOUTH ROAD AS REQUIRED BY THE GRANADA SHOPPES PUD WITH OCEAN BOULEVARD PARTNERSHIP II. OBJECTIVE: To obtain Board approval of a cash bond for the completion of the roadway improvements for the south road as required by the Granada Shoppes PUD with Ocean Boulevard Partnership II. CONSIDERATION: The Granada Shoppes PUD and Creekside Commerce Park PUD are required by their respective development approvals to construct a roadway between US 41 and Goodlette- Frank Road. Completion of this road has been delayed in part by Collier County utility improvements within the same road right-of-way. Developer Contribution Agreements are in place with both developments to allow impact fee credits for the design and construction of the road. Both developments are seeking use of those impact fee credits at this time but are unable due to the fact that the road improvements are not complete. By approving the Cash Bond Agreement, the developments will be able to utilize the impact fee credits as provided in their respective DCAs because the completion of the road will be assured. The developer has agreed to finally complete the construction of the roadwork within 120 days and if not, will forfeit the cash bond. The County may then complete the work using the cash provided in the bond. The Granada Shoppes portion of the road is approximately 90% finished and the Ocean Boulevard Partnership parcel is approximately 70% finished. The Transportation Services Division has reviewed the request and the estimates to complete the roadway as prepared by a registered Professional Engineer and agree with the request. FISCAL IMPACT: The issuance of impact fee credits is consistent with the previously approved DCA and the funds, as provided under the Cash Bond Agreement, are sufficient to complete the roadway improvements if the developers default and fail to complete. No additional county funds will berequired. The Cash Bond Agreement is in the amount of $131,847.72, which includes a 20% contingency. GROWTH MANAGEMENT: The construction of the south road will provide for parallel capacity to Immokalee Road, a major east/west arterial facility, as well as the ability to direct developn the arterial roadway system. This is consistent with the Growth Managerr ent ..JUN 2 6 2001 RECOMMENDATION: That the Board of County Commissioners approves the Cash Bond Agreement. ~'l~mning Department ~.~cq.t~/line Hub'bard 13,obinson, .~sistant County Attorney Date: Director Approved by: /~- Date: I~aw~R. Wolfeyansp~36n Pl~ng Department Director 2 AGENDA,~ , NO, JUN 2 6 21]01 Pg. CASH BOND AGREEMENT - OCEAN BOULEVARD PARTNERSHIP This Cash Bond Agreement ("Agreement") is entered into and made on this ~ day of June 2001, by and between COLLIER COUNTY, ("County") and OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership, by its undersigned General Partner who has been duly authorized by the Partnership to execute this Cash Bond, whose post office address is c/o Barron Collier Company, 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, and OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership, by its undersigned General Partner who has been duly authorized by the Partnership to execute this Cash Bond, whose post office address is c/o Barron Collier Company, 2600 Golden Gate Parkway, Suite 200, Naples, Florida 34105, (hereinafter singularly or collectively referred to as "Owner"), with respect to the uncompleted roadway improvements fi'om U.S. 41 to Goodlette-Frank Road through the Granada Shoppes entrance and PUD then to the south road in the Creekside Commerce park PUD, ("The Project"). WHEREAS, the Developer is to receive road impact fee credits pursuant to Ordinance 92-22, as amended, and a developer conlu'ibution agreement for the design and construction of the Project; and WHEREAS, Owner has provided a cost estimate that is acceptable to the County for the Project; and WHEREAS, Owner and County agree that any impact fee is based upon the impact to the roads created by Owners' development; and JUN 26 2001 WHEREAS, the amount currently estimated for the total cost of the Project is $655.360.19; and WHEREAS, the Project has not been completed at least partially because of delays caused by the County: and WHEREAS, County agrees that it will complete the project if this Cash Bond is forfeited; and WHEREAS, the parties acknowledge Owner is entitled to receive impact fee credits upon the posting of a Cash Bond to complete the Project; and WITNESSESSTH: NOW, THEREFORE, in consideration of the mutual obligations and covenants exchanged between the County and Owner. the receipt and sufficiency of which are mutually acknowledged, the parties incorporate the foregoing clauses as though fully set forth herein and below and agree as follows: 1. Ocean Boulevard Partnership and Ocean Boulevard Partnership II are held and firmly bound unto the County in the sum of $109,871.43 for the uncompleted portion of the Project, plus a contingency of 20% for a total aggregate amount of $131,845.72 to be tendered to the County in lawful money of the United States, the payment of which sum is to be well and truly made, binding themselves, their heirs, executors, administrators, successors and assigns, jointly, severally and firmly by these presents. JLJN 2 6 2001 The sum set forth above shall be tendered to and deposited with Collier County immediately upon the execution and approval of this agreement by the Collier County Board of County Commissioners. The purpose of the Cash Bond is to guarantee the obligation of the Owner to complete the roadway previously described herein. Pursuant to the November 14, 2000 Developer Contribution Agreement, the condition of this obligation is such that the Owner has submitted for preliminary acceptance by the County an uncompleted portion of a certain roadway named Creekside Boulevard which was the subject of said Developer Contribution Agreement and the Owner has the responsibility of completing this roadway, (also referred to herein as "the Project"). If the Project has not been completed within one hundred twenty (120) days or by October 26, 2001, unless completion has been delayed due to an act of God or due to action or inaction by the County or another governmental agency, Owner shall forfeit the Cash Bond to the County. This obligation of the Owner shall commence on the date this Cash Bond Agreement is ex_ecuted by the County. The County may use these funds, if forfeited, to complete the project. Once the Cash Bond is received by the County, impact fee credits may be issued pursuant to the terms of the Developer Contribution Agreement. If the Owner shall: a). well, truly and faithfully perform its obligations and duties and complete the construction of the Project in accordance with the Developer AGENDAJj-TEM .JUN 2 6 2001 o 10. 11. Contribution Agreement during the guaranty period of ninety (90) days established by the County under this agreement; and b). satisfy ail claims and demands incurred; c). fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so; d). reimburse and repay the County all outlay and expense which the County may incur in malting good any default; and e). complete the construction of the Project; then, this obligation shall be void and terminate and Owner shail be entitled to the cash on deposit as the Bond, otherwise it shall remain in full force and effect. In consideration of the County permitting the release of road impact fee credits as provided for under the aforementioned Developer Contribution Agreement, this Cash Bond agreement shall be binding on the Owner. Owner, for value received hereby, stipulates and agrees that, except as provided in Paragraph 5, no change, extension of time, alteration, addition or deletion to the proposed specific improvements of the Project, as determined by the County, shall in any way affect its obligation under this Cash Bond, and it does hereby waive notice of ~ny such change, extension of time, alteration, addition or deletion to the proposed specific improvements needed for the Project. It is expressly agreed that the Cash Bond shall be deemed amended automatically and immediately, if a change, extension of time, alteration, addition or deletion to the proposed specific improvements are needed for the Project without separate amendments hereto, so as to bind the Owner to the full and faithful performance 4 JUN 2 8 2001 12. be executed this AS TO OWNER: WITNESSES: Witness PnntName Witness PfintName in accordance with this cash bond agreement and aforementioned Developer Contribution Agreement. The term "Amendment," wherever used in this Cash Bond, and whether refemng to this Bond, or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this CASH BOND to __ day of ,2001. OCEAN BOULEVARD PARTNERSHIP a Florida general partnership BY: Juliet C. Sproul, as a Partner and as Altomey-in-Fact and Administrative Agent, per OR Book 2485, Page 2018 STATE OF COUNTY OF The foregoing - was acknowledged before me this ~ day of , 2001, by Juliet C. Sproul, as a Partner and as Attorney-in-Fact of OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership, on behalf of the partnership and is personally known to me. (SEAL) Notary Public Print or Type Name Witness Print Name BY: Paul J. Marinelli, as Attomey- and Administrative Agent, per OR Book 2485, Page 2018 5 pg. ~' Witness Print Name STATE OF COUNTY OF The foregoing was acknowledged before me this ~ day of , 2001, by Paul J. Marinelli, as Attorney-in-Fact of OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership, on behalf of the partnership and is personally known to me. (SEAL) Notary Public Print or Type Name WITNESSES: Witness Pnnt Name Witness Print Name OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership BY: Juliet C. Sproul, as a Partner and as Attorney-in-Fact and Administrative Agent, per OR Book 2485, Page 2004 STATE OF COUNTY OF The foregoing was acknowledged before me this ~ day of ,2001, by Juliet C. Sproul, as a Partner and as Attorney-in-Fact of OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership, on behalf of the partnership and is personally known to me. (SEAL) Notary Public Print or Type Name ~3E~M No. .JUN 2 6 2001 6 Pg. ~ Witness Print Name Witness Print Name BY: Paul J. Marinelli, as Attorney-in-Fact and Administrative Agent, per OR Book 2485, Page 2004 STATE OF COUNTY OF The foregoing was acknowledged before me this ~ day of , 2001, by Paul J. Marinelli, as Attorney-in-Fact of OCEAN BOULEVARD PARTNERSHIP, a Florida general partnership, on behalf of the partnership and is personally known to me. (SEAL) Notary Public Print or Type Name ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: J~Oquel~ne Hubbard-Robinson Assistant County Attorney F:\userskBETSYXWp9XBARRON COLLIER\GRANADA SHOPPES\Cash Bond-Ocean Boulevard.wpd 7 JUN 2 6 2001 I I ! t I I / L /Jl ! i , ' I ,' ,~ ~1~ i ~ : r : : : AGENDA.ITEM ~,. li,,~ ~ ,, lC, JUN JUN 'i JUN 26 200! Po. EXECUTIVE SUMMARY REPORT TO THE BOARD ON THE RESULTS OF THE ANNUAL COUNTYWIDE TRAFFIC SIGNAL WARRANT STUDY AND INTERSECTION IMPROVEMENT PROGRAM OBJECTIVE: To report to the Board of County Commissioners the findings and recommendations of the Transportation Operations Department on the annual countywide traffic signal warrant studies. In addition, the Transportation Operations Department is also requesting funding approval and authorization for installation of the recommended improvements in FY 01-02. CONSIDERATIONS: The Transportation Operations Department performs numerous traffic signal warrant analyses throughout the year. A traffic signal warrant is a criterion, which, if satisfied, is an indicator that a traffic signal may be an appropriate traffic control device for specific locations. There are eleven standard warrants to be considered in performing a traffic signal study and analyzing an intersection. These studies typically cover about 50 intersections over the course of the year. The studies are performed on intersections located in various parts of the County; from Immokalee and North Naples through Golden Gate to East Naples. The studies analyze safety and traffic flow through the intersections. Pedestrian and bicycle traffic is considered as well as adjacent public facilities such as schools, parks and approved new development projects. In addition to traffic volumes, the analyses consider factors such as vehicular delay on side streets, pedestrian volumes, crash history, and school crossing locations. Locations deemed appropriate for signalization by County forces are entered into the Traffic Operations Yearly Work Program for installation of intersection traffic signal control. The following is a listing of traffic signal locations that have been placed into operation this fiscal year by the Traffic Operations section of the Collier County Transportation Operations Department: East Tamiami Trail @ Price Street/Triangle Immokalee Road @ Randall Boulevard (with realignment and added turn lanes) Collier Boulevard @ Green Boulevard Immokalee Road @ Livingston Road Goodlette-Frank Road @ Panther Lane School Zone Flasher - Lake Trafford Elementary School One traffic signal project is currently under construction: Vanderbilt Drive @ 111th/Bluebill Avenue JUN 2001 Pg. I One traffic signal project is ready for construction and will be started within the next 90 days: Vanderbilt Drive at Wiggins Pass Road (with added turn lanes) The following traffic signal projects are currently under design and will start construction later this fiscal year: Page 1 of 3 Vanderbilt Beach Road ~ North Pointe Road Vanderbilt Beach Road ~ Tiburon/Village Walk Shopping Center Lake Trafford Road ~ Carson Road Airport-Pulling Road ~ Enterprise Avenue/Transfer Road Santa Barbara Boulevard ~ Coronado Parkway The following location was studied this year and is recommended for signalization. It will be designed for construction in the next fiscal year: Rattlesnake Hammock Road ~ St. Andrews Boulevard The following intersections have been identified for study, either by citizen's requests or through the County's Annual Crash Statistics program. They will be studied with traffic volumes collected during the winter season. If they are found to be best addressed by installation of traffic signal control, they will be signalized as appropriate during the next fiscal year. Golden Gate Parkway ~ 53rd Street SW Santa Barbara Boulevard ~ Hunter Boulevard County Barn Road @ Charlemagne Boulevard Rattlesnake Hammock Road @ Charlemagne Boulevard Oil Well Road ~ Everglades Boulevard (Flashing Beacon) Immokalee Road @ Stockade Road (Flashing Beacon) Airport-Pulling Road ~ Pelican Marsh Boulevard Additional locations will be studied as they are identified by monitoring, or Board direction. A ~,F_ N~.A ITEM No. l(.~ t.~ ~'"~ J UN 2. 6 2001 Pg. 2L citizen's requests, staff operations FISCAL IMPACT: Funds are budgeted in Fund 313 on an annual basis for signal installations and associated intersection improvements. For FY 01-02, $750,000 has been requested for Project No. 60172 (Traffic Signals) and $750,000 has been requested for Project No. 66065 (Capacity/Safety Improvements). The requested funds are sufficient to complete the above recommended projects. The present signal systems (144 locations) have an annual operation and maintenance cost of approximately $3,500 per signal. Flashing beacons cost somewhat less to maintain on an annual basis. The proposed new signals and flashing beacons will cost about the same per signal as those existing to operate and maintain. Maintenance funds are budgeted annually in Fund 101. GROWTH MANAGEMENT IMPACT: Traffic signals on the roadway system are necessary to assure overall system ~ fficiency. Installation of traffic signal typically reduces the volume capacity of a roadway segment. Therefore, reduced capacity impacts are included in the analyses of need and justification Page 2 of 3 annually on a system-wide basis. There are, however, savings to be realized in the form of improved turning movement conditions, reductions in side street delay, and reductions in certain types of accidents and their severity. The value of these savings is estimated to equal or exceed the value of the lost capacity. RECOMMENDATION: That the Board of County Commissioners approve the Transportation Operations Department recommendations for traffic signal system installations and intersection improvements; confirm funding of the improvements from Fund 313; and, authorize Staff to proceed with the implementation of the work as proposed. SUBMITTED BY: REVIEWED BY: APPROVED BY: Ro/l~'~W/~ Tipton, ~ ~ffi~ns Manager Ed ~'/J. Kant, ',, ortation Operations Director dan E. Fe~er Transportation Administrator DATE: DATE: ~~' / DATE: ~//~//o/ Page 3 of 3 A~,EN~DA ITEM No. |(,9 [) I"-'~ JUN 26 2001 Pg. ~ EXECUTIVE SUMMARY 2002 - 2006 UPDATE TO THE PUBLIC TRANSPORTATION DEVELOPMENT PLAN (PTDP) OBJECTIVE: That, as the governing agency for transit, the BCC adopt the Public Transportation Development Plan Update (PTDP Update FY 2002 - 2006) and direct staff to submit the plan to the Florida Department of Transportation (FDOT). CONSIDERATIONS: The attached update contains two parts: 1. New Goals and Objectives for FY 2002 - 2006. 2. Budget for FY 2002 - 2006. a. Transit Capital Expense and Revenue FY 2002 - 2006. No Unfunded Expenses. b. Transit Operating Expense and Revenue FY 2002 - 2006. No Unfunded Expenses. c. Paratransit Capital and Operating Expense and Revenue. No Unfunded Expenses. d. The Immokalee to Marco Proposed plan is under consideration by resort'management and County staff. A draft plan will be presented to the BCC for approval. FISCAL IMPACT: Fleet Management has planned for construction of an expanded service bay area including the structure, lift and equipment for a total of $210,000. (Construction was already planned by Fleet Management.) The county cost will be reduced by $105,000 if FDOT funds are awarded. Paratransit Capital Vehicle cost, $46,800. Paratransit Operating cost, $717,600. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board adopt the 2002 - 2006 Public Transportation Development Plan Update and authorize all necessary budget amendments to receive and use the funds identified in the PTDP. Prepared by: Reviewed by: Approved by: David P. Hope, Public NoT'Fe der, Tram l'r~msl~Ortation Manager ortation Services Administrator Date: 06/06/01 Date: 06/06/01 Date: 06/06/01 2 6 200l Collier County Public Transportation Development Plan 2002 - 2006 Update Submitted June 2001 New Goals and Objectives FY 2002 - 2006 PTDP update. Goal 1' Initiate Immokalee to Marco service Goal 2: Increase Ridership (Passengers per hour) Goal 3: Compliance OBJECTIVES TIME FRAME Objective 1.1 Finalize operational plans for service. September 2001 Objective 1.2 Execute private funding agreements September 2001 Objective 1.3 Order 1 new vehicle September 2001 Objective 1.4 Lease vehicle and spares September 2001 Objective 1.5 Initiate Service November 2001 Objective 2.1 Continue marketing campaign. (Maps and On-going schedules, test radio and television) Objective 2.2 Construct additional maintenance building and JPA approval equipment. Objective 2.3 Purchase and install bus stop shelters November 2001 Objective 3.1 Issue RFP for Paratransit Operator/Management, November 2001 - Jan 2002 Make selection, Contract executed Objective 3.2 Prepare all grants (FTA, FDOT and TD) On-going Objective 3.3 Participate in Statewide DBE certification Plan FY03 Objective 3.4 All paratransit vehicles repaired and operational On-going JUN 2 I~ 1 Pg' -'~ ~ ~. ~ ~ ~ 0 .. fi. ~ .. ~ ~ .. ~ m .. · E-~ ~' < o o o ~ .. .. .. ~ .. ~ ~ ~ m ~ 0 ~ ~ -. < ~~ ~ ~ 0 x o m m AGENDA ITEM ~ ~ 0 = ~ JuN ~ ~2Do~ o ~- o ~' ~ _ - ~.~ - ~ ~' ~ o ~ o ~ o o m ~ ~ ~ ~ ~ ~ .... m ~' ~ o m --' ~ o ~~ ~ ~0 o ~ ~ o ~ ~ ~ . o ~ o ~0~ -. o ~' o ~ ~ ~ ~ ~ ~ : o ~, ~ ~ o=~ ~o ~ " o~" ~ m -' ~ ~ · ' ~ 0-" ~ ~ · o =o · o ~ o g o ~ o oo · 8 ~ _. ~ o ~ -- 00 _. _. o ~ 0 ~. ~ ~ ~ ~ ~ ~o o ~ o -- . AGENDA IT~ < - J~ 2 6 2001 ~ ~ ~ ~ o m o o ~ o JUN 2 6 2001 P~ I~ I / 'o o JUN ~ $ 200! I CO oo ~.~ ~'o -~o o_,,o ct, G')< A~NDj~~ JUN ~ 2~ ~ ~ EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING THE SYSTEM SAFETY PROGRAM PLAN (SSPP) AND APPROVING THE DRUG FREE WORKPLACE POLICIES FOR TRANSPORTATION DISADVANTAGED (TD) AND GENERAL PUBLIC TRANSIT SERVICE. OBJECTIVE: To adopt the System Safety Program Plan (SSPP). CONSIDERATION: All public and/or private carriers providing transportation services are, by regulatory definition, also bus transit systems. As such, each carrier is required by Rule Chapter 14-90 FAC to develop, organize and implement an SSPP. In order to comply with this requirement, each carrier need 0nly adopt Collier County's SSPP and add a section detailing those issues specifically applicable to the carrier's operation. The BCC provides TD and General Public Transportation through its' contracted carriers intelitran and McDonald Transit. Both carriers have adopted the County's SSPP. Each carrier uses its own Substance Abuse Policy (attached). The Florida Department of Transportation (FDOT) has recommended that Collier County develop a Substance Abuse Policy based on their model dated June 1999. The policy is available from the Public Transportation Manager. FISCAL IMPACT:. None. GROWTH MANAGEMENT IMPACT: There is no impact to the County adopted Growth Management Plan. ' RECOMMENDATION: That the Board adopt the System Safety Program Plan (SSPP) and approve the Substance Abuse Policies applicable to intelitran and McDonald Transit and any subcontracted operators. That the Board direct staff to prepare a Substance Abuse Policy based on the FDOT model dated June 1999 applicable to intelitran, McDonald Transit, any subcontracted operators and County Safety Sensitive County employees (primarily maintenance personnel). D~0id'P~e~l,l~ ;~i~¢~'r~ s po rta,~ n Manager N&m~Feder, T~orta~rvi ~mini$ffat°r Date: 06/09/01 Date: 06/09/01 Date: 06/09/01 JUN 2 $ 2001 Pg.**._._ I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 .~23 4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 '6 47 RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ADOPTING THE SYSTEM SAFETY PROGRAM PLAN (SSPP) AND APPROVING THE DRUG AND ALCOHOL POLICIES FOR TRANSPORTATION DISADVANTAGED (TD) AND GENERAL PUBLIC TRANSIT SERVICE. WHEREAS, the Collier County Board of County Commissioners (BCC) is dedicated to providing safe, dependable and economical transportation services to its TD and General Public passengers; and, WHEREAS, the BCC contractors for TD and General Public Transit service and any sub-contractors and their employees are a valuable resource and it is our goal to provide a safe, healthy, and satisfying working environment; and, WHEREAS, it is the BCC's policy to (1) assure that contractors for TD and General Public Transit service and any sub-contractors and their employees are not impaired in their ability to perform assigned duties in a safe, productive, and healthy manner; (2) create a workplace environment free from adverse effects of drug and alcohol abuse or misuse; (3) prohibit the unlawful manufacture, distribution, possession, or use of controlled substances; and (4) encourage employees to seek professional assistance any time personal problems, including alcohol or drug dependency, adversely affect their ability to perform their assigned duties; and, WHEREAS, Collier County has developed a SSPP (attached) that incorporates the provisions of Rule Chapter 14-90 (F.A.C.) "Equipment and Operational Safety Standards Governing Public-Sector Bus Transit Systems;" and, WHEREAS, both Intelitran and McDonald Transit Drug and Alcohol Policies incorporate the Federal Transit Administration (FTA) regulations entitled "Prevention of Prohibited Drug Use in Transit Operations" (49 CFR Part 653), "Prevention of Alcohol Misuse in Transit Operations" (49 CFR Part 654) and, "The Drug-Free Workplace Act of 1988" (49 CFR Part 29.) NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: That the System Safe~y Program Plan (SSPP) is adopted for use by the TD and Transit Providers and sub-contractors and that the BCC acknowledges that the Providers have. agreed to abide by the SSPP. 2. That the Intelitran Drug and Alcohol Policy (attached) is approved for use by Intelitran employees and employees of any Intelitran sub-contractor. That the McDonald Transit Drug and Alcohol Policy (attached) is approved for use by McDonald Transit employees and employees of any McDonald Transit sub-contractor. AGENDA-iTEM No. I '"~ ~..~ JUN 2 6 2001 pg. '2.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 THIS RESOLUTION ADOPTED THIS 26 DAY OF June, 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 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: J c~ue~ine Robihson, Assistant coUnty Attorney AGENDA ITEM JUN 26 2001 pg., 3 EXECUTIVE SUMMARY APPROVE THE METROPOLITAN PLANNING ORGANIZATION (MPO) BUDGET FOR GRANT YEAR 2001-2002. OBJECTIVE: To establish the Metropolitan Planning Organization (MPO) operating budget for the grant year 2001-2002 which begins July 1, 2001. CONSIDERATION: This request is consistent with the MPO's Unified Planning Work Program adopted May 25, 2001. There is a local match required for the Transit Planning support (Federal Transit Administration Section 5303 grant) in the amount of $1,300. All other funds are from state and federal sources for the transportation planning and public transportation operations in Collier County. FISCAL IMPACT: The local match from the general fund (001) is $1,300 out of a total budget of $1,251,300. GROWTH MANAGEMENT: Continuing support of the MPO is consistent with the Growth Management Plan and implementation of the goals and objectives of the plan. RECOMMENDATION: That the Board of County Commissioners approve the grant and all associated budget amendments. Prepared by: Barbara LaPierre, Fiscal Analyst, Transportation Planning Department Date: Da~rn R. Wol~e,/~sportat~ Planning Department Director 2001 01/18/1996 13:22 9417748828 PAGE 02 Transportation Planning DepartmentYMPO Section Metro Planning - MPO (126) ~oals: To perfm'm the Metl'opolitan Planning Orgamzation functions in Collier County as mandated by Federal, State, and local laws. (Federal Law: Title 23 U_SC-; Federal Regulations: Title 23 CFR Part 450, Subpart C, and 23 CFR Part 500, Subpart E; Fl. Statute. Ch. 339_175 and Ch. 427.015). To perform transportation management functions in Collier County. As nmndated by Federal, State, and local laws (49 CFR Parts 27, 37, 38, and 29; and Florida Statutes 316,318,322, and 427.015). % o! Program,s Adxxg~istration Adn~[strative and management services including Support services for entire MPO program and Public Transportation Operations_ % of Total FTE's Personnel FY 02 Cost Dollars L5 37.5% $93,900 7_9% Capital Equipment Purcha_~ Maintenance Printex', Plotter, software, etc. Up~ades, 0.0 0.0% $ 8,000 ~.y~tems Monitoring Technical and professional planning services to related to travel demand modeling, landuse analysn and Highway and Management System momtormg. 1.0 25.0% $60,700 5.1% _~g&ej m Plannin~ Development and management of the Transportation Improvement Program, infformafion management, transit plamfing support, short and long range planning activities. 1.5 - 37.5% $98,200 82% Consultza~t S_e~vices Utilization of consultant se~ices to assist in elements of systems momtormg, plarming and special studies. 0.0 0.0% $44,500 3.7% Public Transportation.Overatiom Operation and Maintenance of Collier Area Transit System. 0.0 0.0% $890,000 74.4% Sub Total Expand. ed Requg_sts: prgject Planning Coordination of Transportation Disadvantaged Service; plan and coordinate the implementation of fl~e bicycle and pedestrian pathway program; coordinate the Tmniami Trail Scenic Highway program and other special smd/es as requested fluough the MPO process. 4.0 100.0% $1,195,300 100.0% 1.0 25.0% $56,000 4.7% Grand Total 5.0 125.0% JUN 2 6 2001 81/18/1996 13:22 9417748828 PAGE 83 Transportation Planning DePartment/MPO Section (Cont.) Metro Planning ~ MPO (126) ce Measures Actual ~Y 00 Forecast FY O1 Budg~et FY 02 u~e fo~ bicycle/Pedestrian and transit inquiries hies responded to within 3 working days 100% 100% 100% lifted Planning Work Program on Atmual I 1 1 mual Project Priorities 1 1 1 mual Transportation Improvement Program 1 1 mthly Transit Operation Report N/A N/A 12 ~.-Raxxge Plan Update (LRTP) N/A 1 2 1}erformance Clearing - % of inq Develot Basis Develop Develop Provide Monthl, Minor Long, LRa gppmpr/atkm Untt FY99/00 FY 00/01 FY 00/01 FY'01/02 FY01102 FYOI/02 % ~ Adq~d Fo~ecm_t Cunexl Expanded Total Budget Pemoml Servicm 224,641 292,400 172,800 212,300 49,000 261,300 -10.6% Opeaating Expe~se~ 220,712 443,000 1,289,800 982'000 0 982,000 121.7% Cap[~l Outlay 169,179 513,200 850,000 1,000 7,000 8,000 -98.4% Rerr/tt.n~ To Other 0 0 0 0 0 0 N/A Rmen~ 0 0 0 0 0 0 N/A Total Appx~at/~ 614,531 1,248,600 2,312,600 1,195,300 56,000 1,251,3o0 02% Fed. Tram. Admin Sec 5303 Ca'ant 59,142 101,700 47,800 20,000 0 Federal MPO plmmmg Grant 271,675 539.800 323,7g0 283,200 56,000 Fed_ Tnax~ Arhr~ Sec 5307 Gram 118,133 595,800 1,382,600 890,000 0 Mtsceilanmus Grants 0 0 553,400 0 0 Naples Share of Sec 5303 1,630 2,800 1~(30 500 0 lV~ro Is. Slnre of Sec 5303 815 1,400 600 300 0 County :~hare (11 l) of,Sec 5303 7,100 7,100 3,300 1,300 0 Total Revenue 458,495 56,000 20,000 -80.3% 339,200 -37.2% 890,000 49.40/'0 0 N/A 500 -82.1% 300 -78.6% 1;300 -81.7% 1248,600 2,312,600 1,195,300 1,251,300 0_2% Pcn-mnenI Posifirms 4 5 6 4 I 5 0.0% This budget does not coincide with Collier County's fiscal year and is given for iljustrative purposes only. The budget is presented to and is approved by the BCC through the budget amendment process. Note: Position increase in forecast is due to addition of a Secretary I position approved by the BCC. In current thc positions are decteaslng due to two positions (Public 'Transportation Manager & Fiscal Analyst) being transferred to Transportation Services Fund (101) duc to insufficient grant funds. Current FY 01/02 - Grant funds for FY 02 include a Federal MPO grant ($339,200) to fund staffing and a Federal 5307 g~'ant ($890,000) to fund Transit Operations- Expanded FY 01/02 -Requested expanded is for the addit/on of one new position at a cost of $56,000. This position is being requested to assist the Public Transportation Max~ger with Bike/Pedestrian & Ride Share programs for Collier County. The County will receive funding from the State in the form of a grant to fund the position. AOEI~I~IA~ No. If ZP E) o-,._.,,_ JUN 2 6 2001 Pg. 01/18/1996 13:22 9417748828 PAGE 04 Transportation Planning Services Misc. Grants - MPO (126) Goa~s~: To perform miscellaneous grant related transportation planning functions in Collier County that are part of the MPO's responsibilities_ Mandated by Chapter 427 of the Florida Statutes. ?re,rams: Transportatim3 Disadvantaged (~T.D) Services Grant Purchase transportation services for the elderly, handicapped, and econotmcally disadvantaged in support of the state TD-grant Program_. % of FTE's ~ersonnel FY 02 Cost N/A N/A $1,141,900 % of Total Dollar~ 100.0% Gl'and Total N/A N/A $1,141,900 This is funding to provide financial assistance for transportation services fox the disadvantaged. 100.0% Appropriation Unit FY 99/00 FY 00/01 FY 00/01 FY 01/02 FY 01/02 FY 01/02 % Actual Adopted Forecast Current Expanded Total Budget Exp/R~v Budget Exp/Rev Service Service Budget Change Personal Sel~ices 0 0 0 0 0 0 N/A Operating Expemses 829,096 1,680,000 1,680,000 1,612,000 0 1,612,000 -4.0%' Capital Outlay 0 0 0 0 0 0 N/A Remittance to Other 0 0 0 0 0 0 N/A. Reserves 0 0 0 0 0 0 N/A Total Appropriations 829,096 1,680,000 1,680,000 1,612,000 0 1,612,000 -4.0% Rcv~rme: Contribution (001) 482,000 544,000 606,000 783,600 0 783,600 44.0% Grants 383,446 1,136,000 1,074,000 828,400 0 828,400 -27.1% Carry Forward Grants 0 0 0 0 0 0 N/A Total Revemte 865,446 1,680,000 1,680,000 1,612,000 0 1,612,000 .4.0% Pem]m~ent Positions 0 0 0 0 0 0 N/A Note: The $783,600 requested from the General Fund includes $717,600 ($52,000/month increased by 15% for fuel costs) /bt the County participation to pay for trips,: $33,600 for a vehicle match of 10% for the Transportatmn Disadvantaged grant, $12,600 match for the Shirley Co~oy Grant (naal capital assistance), $3,300 local match for a fifth vehicle for supplemental Joint Participation Agreement' and $16,500 to make up the difference of insurance proceeds to buy a new vehicle. AGENDA .1~1~1~_., JUN 2 6 2001 pg. z~ EXECUTIVE SUMMARY BOARD APPROVAL OF BUDGET AMENDMENT RECOGNIZING POSITIVE REVENUE VARIANCE IN ~E POLLUTION CONTROL FUND (108) OBJECTIVE: Board approval of budget amendment recognizing positive revenue variance in the Pollution Control Fund (108). CONSIDERATIONS: As part of the annual budget process, available revenue within each fund is projected. Variance in budgeted and actual revenue is recognized via budget amendment. The Pollution Control Department has positive revenue of $5,700. The positive revenue is due to accrued interest under Contract GC530 w~'th the Florida Departmem of Environmental Protection (FDEP) working capital funds generated in FY 00/01. It is required under Contract GC530 that this additional revenue is returned to the State of Florida. FISCAL IMPACT: Funds are available in fund 108, Pollution Cleanup and Restoration. GROWTH MANAGEMENT IMPACT: The budget amendment is consistent with and necessary to implement several objectives and policies including surface and ground water monitoring contained within the Conservation and Coastal Management element of the Growth Management Plan. It also satisfies the objectives of the Ground Water Protection Ordinance. 2COMMENDATION: That the Board of County Commissioners recognize the appropriate revenue and approve the budget amendment. PKEPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Marly Co~elisse, Clerical Supervisor Pollution Control & Prevention Department ~io~D~U'r~evte°nrtion Department Tom Wides, Operations Director Operations Department Public Utilities Division COLLIER COURT¥ PUBLIC UTILITIES DiV1SlOfl O! JUN -'] Memorandum To: James V. Mudd, P.E., Administrator Public Utilities Division Ray Smith, Acting Director Polh~tion Control & Prevention Department Date: ~une 7, 2001 Subject: Administrative Budget Amendment Please find attached an ~e budget amendment for your review and approval. I have attached Mary Comelisse's memoran&un, which explains its intent in detail. Both Randy Greenwald and Tom Wides have reviewed it and have no objection. If you need additional information please let me know. Tom Wides, 1~1 Operations Director Mary CornelS, Cledc~d Supervisor Pollution Control & Prevention Department Public UbTi6es Division A~NDA ITEM f JUN 2 6 2001 Memorandum TO: From: Dat~: Subject: Ray Smith, Acting Director Mary Comelisse, Cledcal Superviso?~ June 7,2001 Administrative Budget Amendment Please find attached an administrative budget amendment for signature approval. A bdef summary is as follows: Fund 108 requires that the interest and working capital money be retumed to Flodda Department of Environmental Protection (FDEP) for Contract GC530. Interest on the State's working capital money is returned on a quarterly basis. Fund 108-989080-361180 is the account that receives the interest money. Currently, there is $5,748.96 in this account that needs to be transferred to 108-989080-986000. Fund 108-989080-986000 appropriated amount for FY 00/01 is $2,600, however to- date $4,626.70 has been returned to FDEP leaving a negative balance of $2,026.70. After transfer of the above referenced funds, there will be a balance of $3,673.30 for the last interest payment to FDEP. (Note: contract ends June 30, 2001). I emailed this amendment to Randy in Budget, he reviewed and approved the amendment. If additional information is needed, please contact me at ext. 2503. c: file: Fund 108 AGENDA ITE~M No. JUN 2 6 2001 Pg._ Pollution Control & Prevention Department of Public Utilities Division EXECUTIVE SUMMARY ACCEPTANCE OF UTILITY EASEMENT FOR THE INSTALLATION OF A WATERMAIN TO SERVICE THE NAPLES GATEWAY PUD OBJECt: The Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water-Sewer District, execute a utility easement agreement for the installation of a watermain to service the Naples Gateway PUD. CONSIDERATIONS: The Naples Gateway PUD was originally scheduled to tie-in to receive water service from the watermain on the somh side of Pine Ridge Road. In order to receive service in this manner, a jack and bore under Pine Ridge Road would be necessary. Due to the road widening work currently taking place at this location, it is impossible to complete this connection as originally designed. The Developer of this Project desires to grant to the Collier County Water District an alternative easement that will not involve installation of the new watermain to service this project in the area currently under construction for the road-widening project. The new easement meets the requirements of the Water District and allows the Developer to complete this project in a timely manner. GROWTH MANAGEMENT IMACT: There is no growth managemem impact in the acceptance of the alternative easement. FISCAL IMPACT: There is no fiscal impact in the acceptance of the alternative easement. RECOMMENDATION: The Board of County commissioners, Ex-Officio, the governing Board of the Collier County Water-Sewer District, execute a utility easement agreement for the installation of a watermain to service the Naples Gateway PUD. SUBMITTED BY: Pamela L~bby, J)i~¥bution Supervisor ' P ~a -'~aus~h~ Water Director/ ' ' * Ja~ V' Mudd, PE Public/Works Admimstrator 2 2001 I Prepared by: Thomas G, Eckerty, Esquire 12734 Kenwood Lane, Suite 89 Fort Myers, Florida 33907 UTILITY_/t'/~ EAS EM E ,~T-.) THIS EASEMENT, granted ths/. c~_-~lay of ~~ ,2001, by GERARD A. MCHALE, JR., TRUSTEE under unrecorded land trust agreement dated December 12, 1992, hereinafter Trustee, whose address is 1601 Jackson Street, Suite 200, Fort Myers, Florida 33901, HARLEY DAVlDSON OF NAPLES, INC., a Florida corporation, hereinafter Harley Davidson, whose address is 1870 Clayton Court, Fort Myers, Florida 33907, and CBL PARTNERSHIP, a Florida general partnership, hereinafter CBL, whose address is c/o Charles Idelson, Post Office Box 3454, Fort Myers, Florida 33918, as Grantors, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Goveming Body of Collier County and Ex-Officio, the Governing Board of the Collier County Water-Sewer District, its successors and assigns, as Grantee, whose address is 3301 Tamiami Trail, E, Naples, Florida 34112. WHEREAS, Trustee is the owner of Lots 4 and 5, NAPLES GATEWAY PUD, Phase II, according to the plat thereof recorded in Plat Book 35, Page 49, Public Records of Collier County, Florida; and WHEREAS, Harley Davidson is the owner of Lot 6, NAPLES GATEWAY PUD, Phase II, according to the plat thereof recorded in Plat Book 35, Page 49, Public Records of Collier County, Florida; and WHEREAS, CBL is the owner of Lot 3, NAPLES GATEWA.YPUD, Phase I, according to the plat thereof, as recorded in Plat Book 35, Pages- 19 and 20, Public Recordsof Collier County, Florida. WITNESSETH: That the Grantors for and in consideration of the sum of One Dollar ($1.00) 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, license, and privilege to enter upon, to install and maintain utility facilities in, on, over and under the following described lands being located in Collier County, Florida. Grantors agrees for themselves, their successors and assigns, that they will be responsible for the cost of any and all repairs, replacements, maintenance or restoration of improvements or landscaping installed by the Grantors within the easement, to-wit: see parcel description in attached Exhibit A incorporated herein by reference TO HAVE AND TO HOLD the same unto the Grantee and 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. IN WITNESS WHEREOF, the Grantors have caused these presents to be executed the date and year first above written. JUN 2 6 2001 Witness Gerard A. Mci-lale, Trustee und~nrecorded land trust agreement dated December 12, 1992 foregoing instrument was acknowledged before me this /'~' day of April, 2001, by The Gerard A. McHale, Jr., Trustee, who is personally known to me, er ':;,5o h;,s pi-odu¢~:: a.~ideR.t+~4e~, and who did/did not take an oath. Commission Expiration: ~.,/,~/a .~ Witness Na~ N. ~,~o~e~ · Marguerite G Connell HARLEY D/A~/IDSON/~F NAPLES, INC., a F,orida co~/_~. ~rYi:nt Na/~e: - ~ L~'Jf I~ c~ -e4"- Its: ~-)/'2..,..~ . The foregoing instrument was acknowledged before me this /~ day of April, 2001, by Scott Fischer , the Presi~]~,nt of Harley Davidson of Naples, Inc., a Florida corporation, who is personally known to me, et-wi'm-has ~ ~on, and who did/did not take an oath. Print Name: , Commission ~p.: 2 Witness pstal D. McMillan t~es~ ~D~.u~glas~. Waldorf, _Jr. CBL PARTNERSHIP, a Florida general part~~~.~ By: ~ts: ~".,, T~,,e fore.cloing instrument was acknowledged before me this /.?~ day of April, 2001, by ~¢x,,.]¢~ ~. '~'-c'~.~.\,,_~-~,~7 , the /~r?~er' of CBL Partnership, a Florida general partnership, wh__o is personally known .~!ne, or who has produced .-V/'~ as identification, and who did/did not take an oath. My C, om~msaon CC84,5~71 ~ June 13, 2003 Nota~/Public Print Name: C,"y,.$;/~z//'/~ Commission No.~' g(3~',¢-5"~.';7/ Commission Expiration: ~GE.OA z're" .......... 'Ii JUN 2 oo? ! ATTKST: DWIGHT E. BROCK, Clerk By:. Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AND EX- OFFICIO AS THE GOVER.NI~G BOARD OF THE COLLIER COUNTY WATER/SEWER DISTRICT. By: James D. Carter, Chariman Approved as to form And legal sufficiency: Thomas C. Palmer Assistant County Attorney JUN 2001 EXECUTIVE SUMMARY AWARD RFP 00-3113 FOR THE PURCHASE OF INTEGRATED UTILITY BILLING SOFTWARE SYSTEM, AUTHORIZE CONTRACT NEGOTIATIONS, AND AUTHORIZE THE CHAIRMAN TO EXECUTE THE CONTRACT OBJECTIVE: Authorization to purchase a Utility Billing software system with a fully integrated work order and inventory control system. CONSIDERATIONS: The existing Utility Billing system is an outdated legacy system that has limited capabilities and is not compatible with the County's technology standards. The proposed system is designed to the County's standards, has a state-of-the-art customer relationship management module, provides for the integration of radio read meters and is designed to accommodate the benefits of e-commerce. The County Manager appointed a Utility Billing Software selection committee of July 3, 2000. The committee prepared and issued RFP 00-3113. On May 3, 2001, the selection committee short listed and ranked the top three respondents as follows: 1. IMSofTech 2. Hansen, Inc. 3. SCT The selection committee recommends that contract negotiations with the number one ranked firm be approved. FISCAL IMPACT: Fund's the amount of $600,000 are budgeted in the Water and Sewer Capital projects funds $300,000 in Water Capital Projects, Project no. 70882 and $300,000 in Sewer Capital Projects, Project No. 73944. Source of funds is User fees. GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is consistent with the goals of the County to streamline and expedite the procurement of services. AGEN~-A ITEM JUN 2 6 2001 pg._ _ Executive Summary Budget Amendment Page 2 RECOMMENDATION: That the Board of County Commissioners award RFP 00-3113 - Utility Billing Integrated Software to IMSofTech, authorize staff to negotiate a contract with the number one shortlisted firm, and authorize the Chairman to sign the contract after approval by the County Attorney. John x~. Y;nkoste%'>Direc~n''/ Utility'~Billing and Customer Service REVIEWED BY: h c~) , (-'* ''z'//'':',/ Steve Carnell, Director Purchasing and General e~ices Tom Wides, Director Utility ~erations ~~. Mudd, Administrator Public Utilities Division DATE: DATE: DATE: 6/r~[ot ~kG£~O ** IT£# #0.~ JUN 6 2001 EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF SATISFACTIONS OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEES OBJECTIVE: Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees. CONSIDERATIONS: The Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: SEE EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in Collier County's water impact fee fund by $7,150.00 and the sewer impact fee fund by $74,749.85. The fiscal impact for recording the Satisfaction of Liens is approximately $256.50, which is to be charged to the Utility Billing CUstomer Service. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute each satisfaction. To acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Pam CalliS, Revenue Supervisor Solid.W~ste ~lan~__,ement Dep~_rtment Reviewed by: ////~-,~'~ /¥e?e~a A. Riesen, Collections Revenue Manager Solid Waste Management Department Reviewed by: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Dire lid Wast ment artment Approved by: )~Wa~. ~~~ J~r~. Mudd, P.E., Administrator~ Public Utilities Division Date: ~,r~, ~ \ Date: ~'/~/~j/ EXHIBIT "A" Aurelio Acebo, a single man and Ana Acebo, a single woman, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. Randy Acres and Sandy Acres, husband and wife, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. Thomas Babbitt and Carrie Babbitt, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. Charles L. and Jennifry C. Barley, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Paul J. Becker and JoAnne Becker, husband and wife, securing the principal balance of one thousand two hundred sixty dollars and five cents ($1,260.05) plus accrued interest. 6. Paul Boyce, securing the principal balance of five thousand five hundred seventy five dollars and no cents ($5,575.00) plus accrued interest. 7. Paul Boyce, securing the principal balance of five thousand five hundred seventy five dollars and no cents ($5,575.00) plus accrued interest. 10. 11. 12. Anthony M. Brown, Sr. and Karan S. Brown, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. Donald L. Broom, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Byron Louis Camp, a single man, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Anthony M. D'Amore Jr., and Margaret A. D'Amore, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Anthony M. D'Anmono and Lenora D'Anmono, husband and wife, securing the principal balance of one thousand three hundred forty dollars and no cents ($1,340.00) plus accrued interest. JUN 2 6 2001 _ 13. 14. David Delp and Alandee Marie Delp, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. Joseph Falato, a married man, securing the principal balance of one thousand five five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. 15. Rodney J. Garner and Barbara D. Gamer, husband and wife, securing the principal balance of one thousand nine hundred sixty dollars and no cents ($1,960.00) plus accrued interest. 16. Joyce A. Graham, a single person, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. 17. Gary M. Stone and Sally M. Stone, husband and wife, Sellers and David J. Heasley Jr., and Susan E. Heasley, husband and wife, Buyers, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. 18. Sheila Fay Haddix and Luther James David Wallace III, as joint tenants with full rights of survivorship, securing the principal balance of three thousand nine hundred twenty dollars and no cents ($3,920.00) plus accrued interest. 19. William D. Holloway and Pricilla G. Robinson Holloway, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy five cents ($1,500.75) plus accrued interest. 20. Robert A. Hoyles, a single man, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00) plus accrued interest. 21. Filiberto Macias, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued interest. 22. Lawrence Marcelli and Sharon K. Marcelli, husband and wife, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued interest. 23. Gilbert A. Mendes, a married man, securing the principal balance of one thousand nine hundred sixty dollars and no cents ($1,960.00) plus accrued interest. 24. Gilbert A. Mendes and Martha L. Mendes, husband and wife, securing the principal balance of one thousand nine hundred sixty dollars and no cents ($1,960.00) plus accrued interest. AGENDA IT£~ " NO,. [ I,C' JUN 2 6 2001 25. 26. 27. 28. Helen M. Mettetal, a married woman, joined by her husband, Marvin Mettetal, securing the principal balance of one thousand seven hundred dollars and no cents ($1,700.00) plus accrued imerest. Ricardo Munoz and Margarita Munoz, husband and wife, securing the principal balance of five thousand eight hundred eighty dollars and no cents ($5,880.00) plus accrued interest. Ronald L. Napier and Marilyn E. Napier, husband and wife, securing the principal balance of seven thousand eight hundred forty dollars and no cents ($7,840.00) plus accrued interest. Steven Earl Payne, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued imerest. 29. Q Research Services Inc., a Florida corporation, securing the principal balance of three thousand nine hundred twenty dollars and no cents ($3,920.00) plus accrued interest. 30. RM Cole Inc., a Florida corporation, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. 31. Jan P. Roos, Trustee, securing the principal balance of seven thousand eight hundred twenty dollars and no cents ($7,820.00) plus accrued interest. 32. James Stocker, Jr., and Roberta Stockner, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued imerest. 33. Carl J. Thome and Marlee Thome, husband and wife, securing the principal balance of one thousand five hundred dollars and seventy-five cents ($1,500.75) plus accrued interest. 34. Joseph A. Waters, securing the principal balance of two thousand two hundred forty dollars and no cents ($2,240.00) plus accrued imerest. "°.-t l; '[ EXECUTIVE SUMMARY WAIVE FORMAL COMPETITION AND APPROVE THE PURCHASE OF 25 REMOTE TRANSMITTING UNITS FROM DATA FLOW SYSTEMS, INC. FOR MONITORING WASTEWATER LIFT STATIONS PROJECT NO 73922 OBJECTIVE: To insure effective monitoring of flows and equipment of wastewater pumping stations. CONSIDERATION: 1. Collier County has over 530 wastewater pumping station that are not monitored through automation. Collier County Wastewater Department has a five (5) year capital plan to purchase and install SCADA equipment at all of the County's wastewater pumping stations. Constant monitoring of the pump stations provides an efficient manner of checking the operation of the pump stations from a centralized control center. Crews can then be dispatched to alarms long before wastewater overflows into the community. This insures that there is an added layer of protection to the public's heath and safety. Collier County needs to install SCADA units to pump stations that pump to the NCWRF prior to the next season to monitor and control flows to the facility. Although this was not a part of the FDEP consent order, Collier County advised FDEP that this would be done in order to assist in the avoidance of overflows at the NCWRF. 4. Data Flow Systems remote transmitting units are currently installed on approximately 70 wastewater lift stations at an investment of $500,000.00. The units have been installed for over three (3) years. 5. Staff recommends that formal competition under Purchasing Policy Section V(A)3 be waived as being in the best interests of the county and approve the purchase of twenty-five (25) remote transmitting units from Data Flow Systems. FISCAL IMPACT: Costs for the 25 SCADA Remote Transmitters are $176,168. Funds are available in the Wastewater Department Capital Budget. Source of funds is wastewater user fees. GROWTIt MANAGEMENT IMPACT: There will be no effect to growth management. AG[ ~IOA IT£# JUN 2 6 2001 PG. / RECOMMENDATION: That the Board of County Commissioner, Ex-officio, the Governing Board of the Collier County Water-Sewer District waive formal competition and the purchase of 25 SCADA units from Data Flow System's, Inc. SUBMITTED BY: ~~'~ ~ Date: 0t>rs?? B. Cheatham, Wastewater Director REVIEWED BY: 5tephejl~-~rnel[ Purchasing Direct°r APPROVED BY: ~.~----~'~/~,~-~-~/ Date: James Mudd, P.E., Public Utilities Administrator JUN 2 6 2001 EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT FOR THE NORTH REGIONAL WATER TREATMENT FACILITY COST CENTER OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District, approve a Budget Amendment to cover increased chemical and electrical costs for the North Regional Water Treatment Facility. CONSIDERATIONS: The North Regional Water Treatment Facility has utilized the reverse osmosis treatment process more than anticipated for FY 00/01. The budget was based upon operating the membrane softening treatment process to a greater extent. The change in operating strategy was implemented to ensure compliance with the Consumptive Use permit issued by the South Florida Water Management District. This change has resulted in better management of resources and has reduced the combined stress of pumpage and drought on the Tamiami Aquifer. This operational change has resulted in additional costs for both chemicals and electricity. The operation of the facility has also been impacted by a 26% increase in electrical rates during the current fiscal year. GROWTH MANAGEMENT IMPACT: There is no growth management impact in approving this budget amendment. FISCAL IMPACT: Operating Funds. Funds in the amount of $300,000 are available in the County Water/Sewer RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District, approve a Budget Amendment to cover increased chemical and electrical costs for the North Regional Water Treatment Facility. SUBMITTED BY: ~,t2 Stephen Lang, Water Production Supervisor Date REVIEWED BY: ~~'~'"~~_--~7~ .~.. Paul Mattausch, Water Director Date JUN 2 S 2001 EXECUTIVE SUMMARY APPROVE CONTRIBUTION OF $15,000 TO THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR A MASTER PLAN STUDY FOR THE LOWER WEST COAST REGIONAL IRRIGATION SYSTEM OBJECTIVE: That the Board of County Commissioner, Ex-officio, the Governing Board of Collier County Water-Sewer District approve the contribution of $15,000 to the South Florida Water Management District (S.F.W.M.D.) for a master plan study of the irrigation needs of the Lower West Coast Regional Irrigation Distribution System. CONSIDERATION: The South Florida Water Management District is planning to develop a master plan to construct and operate a regional irrigation distribution system to satisfy future demands for irrigation water in the urban areas of Lee and Collier Counties. The system would make irrigation water available for local supply entities and utilities to provide to end users. This is due to significant demands for in'igation water presently and will plan for needs up to the year 2020. The S.F.W.M.D. is asking for contributions from all interested parties in Lee and Collier Counties. Collier County will benefit from this study by helping the Public Utilities Department plan for the future infrastructure needs of the use of reclaimed water, and other supplemental sources supplies that will meet the growing need of irrigation water for the urban areas of Collier County. FISCAL IMPACT: Funds have been budgeted in the Wastewater Capital Budget. Project # 74029 Source of funds is wastewate~ impact fees. GROVCYH MANAGEMENT IMPACT: Providing means of supplying irrigation water for future customers through the use of reclaimed water and other supplemental sources is consistent with the Water-Sewer Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners, Ex-officio, the Governing Board of the Collier County Water-Sewer District approve the contribution of $15,000 to the South Florida Water Management District for a master plan irrigation study for the urban Lee/Collier Counties. JUN 2 6 20111 SUBMITTED BY: REVIEWED BY: APPROVED BY: J°~~C~a~stewater D~rec~ite: ~///'~ ~//~ / Tom Wides, Operations Director ~~---,~'~~~ Date: -fa~es Mudd, P.E., Public Utilities Administrator ~o. ,JUN 2 EXECUTIVE SUMMARY APPROVE WORK ORDER CDM-FT-01-02 FOR UTILITY ENGINEERING SERVICES RELATED TO IMPROVING WELLFIELD RELIABILITY OBJECTIVE: To provide redundant water supply wells to serve as a back-up to the existing public water supply wells in the Golden Gate Wellfield. CONSIDERATIONS: The Golden Gate Wellfield is the sole source of raw water supply to water treatment facilities capable of producing 24 million gallons per day of potable water. There are 27 wells tapping the Lower Tamiami Aquifer. If any more than 3 of the existing 27 wells are out-of-service, water treatment plant production rates are negatively impacted. In order to consistently produce potable water to meet existing demands, 5 additional wells are proposed. The total amount of water to be pumped from the wellfield will not change. Staff has negotiated a scope and fee for the proposed engineering and hydrogeologic services as described in the attached work order. Staff is in the process of securing necessary easements. Final approval by the County Attorney as to form and legal sufficiency of the work order is required prior to the Administrator's signature. FISCAL IMPACT: Adequate funds are available in project 70066 Golden Gate Wellfield Reliability Improvements. Source of funds is User Fees. GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATIONS: That the Board of County Conm~issioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Administrator to execute Work Order CDM-FT-01-02 related improving the reliability of the public water supply in the Golden Gate Wellfield. SUBMITTED BY: Date: Karl W. Boyer, P.E., Utilities E(f'gineering Senior Project Manager REVIEWED Pa'ul ~l(vlattaus~ h, ' Date: Roy B. Arjderson, Utilities Engineering Director Date: APPROVED Bj~n~~s~ministratorDate: JUN 2 6 2001 ~G. / WORK ORDER CDM-FT-01-02 Agreement for Fixed Term U~ilities Engineering Services Contract #00-3119 Dated April 10, 2001 This W;rk.Order is for professional engineering services for work known as: Proiec~..:.. Golden Oa~e Wellfield Reliability Improvements The work is specified in the proposal dated May 24, 2001, which is altached hereto and made a pa~t of ~is Work Order. In accerdanc~ with th~ T~rms and Conditions of ~e A~reement referenced abow, Work Order CDM-FT-0I-O2 is ~ssi~ned ~o Camp Dresser · McKee, Inc. T~sk A - Design and Permitted Task B - Biddin~ Services Tack C - Construction Administration Services Task D - Operational and Start-up Services Task B - Sddi~ional S~rvices S~hedu}~ of Work: Complete work within 2~ weeks from receipt of a Notice to Proceed author~int s~rt of work. ~ In accordance with Article ~ive of the Atrecment, the Counly will compensate ~he Firm in accordance with ~e negotiated amount indicated in the schedule below (if a ta~k is time ~d material, so indicate ~d use ~he established hourly rslc(~) as enumerated in Schedule "A" of the Aireemcnt). Tasks A through D ~144,000 (lump sum) Task B } 25.~000 (time & material) TOTAL FEE S169,990 Any chan~e within monetazy ~uthority of this Work Order made subsequent to final depa~ent approval will be considered an additional se~ice ~d charted accordint ~o Schedule "A~ of ~hc A~recmen~. pREPARI~D BY: ~ ~ ~enior prOj act Manager AUTHOI~IZED BY [~ul l~attausch, Water Director /Date' Date ^pPI~OV,ED BY: ~_ lal~es V. Mudd, P.B., Public Utilities Administrator Date Approved as to Form and Legal Sufficiency: Assistan~ County Attorney Fund: 412 CC; 2'/3511 Obj~e~Code: Number: '/0066 ACCI~PTBD BY: Da, e: / f , ' . Thomas M. Missimer, Vice President Camp Dresser ~ McKee, Inc. I JUN 2 E; 2001 PG. 0~ Collier County Golden Gate Wellfield Reliability Improvements Project #: 6295-29213 May 24, 2001 CDM Missimer SCOPE OF ENGINEERING SERVICES INTRODUCTION The Golden Gate wellfield consists of 27 production wells tapping the Lower Tamiami Aquifer in the Golden Gate Estates area. The wellfield is the primary source of raw water for the North County Regional Water Treatment Plant (NCRWTP) and South County Regional Water Treatment Plant (SCRWTP). Average and maximum daily withdrawal amounts of 20.82 MGD and 31.97 MGD, respectively, are authorized from this source under South Florida Water Management District (SFWMD) water use permit No. 11-00249-W. The maximum daily pumpage amount that can be obtained from the wellfield is approximately 28.0 MGD based on the capacity of the raw water booster pump station and transmission main that are used to deliver raw water to the NCRWTP and SCRWTP. It is proposed that five additional Lower Tamiami Aquifer production wells be constructed to improve the reliability of the wellfield as a whole by providing redundancy in the event that one or more production wells are out of service. Expansion of the weltfield facilities would be accomplished by adding one or two wells at the ends of selected existing production well alignments. Modification of the water use permit to include the proposed production wells is currently in process. The proposed construction project is contingent upon approval of the requested permit modification by the SFWMD. A conceptual design for the wellfield reliability improvements is also underway. The wellfield reliability improvement project will include five general tasks: 1) design and permitting for the proposed infrastructure improvements, 2) bidding assistance, 3) construction administration services and observation of construction, 4) operational and start up services, and, 5) additional services. These items are discussed in more detail below. A. DESIGN AND PERMITTING A. 1 Preliminary Design Provide configuration of new production wells and transmission piping for the proposed wellfield reliability improvements based on the conceptual design currently in progress. Each water supply well will contain a submersible multistage turbine pump. The pumps will operate remotely from the SCRWTP. Each wellhead will be contained in a vault, similar to the existing wells in the Golden Gate wellfield. Each wellhead will connect to the raw water transmission main that conveys water from the wellfield to both the NCRWTP and SCRWTP via the raw water booster pumping station. Update existing KYPIPE hydraulic model of the raw water transmission system with the Windows Version KYPIPE 2000 to include new production wells. The updated hydraulic model will evaluate annual average day, maximum day and peak hour flows. Provide well design, specifications of materials, casing depths and diameters. Provide submersible pump specifications and wellhead design with valves, meters, and other appurtenances as necessary. Provide materials and sizes for transmission piping and design for connecting to existing piping. F :\Water~70066 GG Wetfiel~CDM Scope of WO C DM-FT-01-01.doc Page 1 of 7 AGENI)AI TIt, I -- JUN 2 6 2001 Collier County Golden Gate Wellfield Reliability Improvements Project #: 6295-29213 May 24, 2001 CDM Missimer The Consultant will evaluate the existing emergency stand-by power facilities in light of the addition of the new wells. In case of additional stand-by power being required, the Consultant will include in the design the ability to provide pigtails for connecting portable stand-by power to the new wells. The Consultant will review the County's ongoing easement property acquisition associated with the proposed production well and pipeline construction. Areas where additional property acquisition is required will be identified, if necessary. A Preliminary Design Report documenting the results of the project's preliminary design effort will be prepared. An outline of the report content will be prepared and reviewed with the County. Three copies of the draft preliminary design report will be submitted to the County for review. The Consultant will meet with the County to discuss report review comments. Five copies of the final report, incorporating agreed upon changes, will be submitted to the County. A.2 Final Design The Consultant will prepare the contract drawings and specifications for the construction of the new and modified facilities. The Consultant will design up to 6000 feet of transmission mains for the proposed improvements to the wellfield. The transmission main pipe will be HDPE or other suitable material acceptable to County staff and will be provided with isolation valves as required. Compatibility with existing infrastructure and the ability to pig the proposed lines will be key considerations in the pipeline design. Operating protocol for the raw water line including pigging and well maintenance including well disinfection will be provided with the design. The Consultant will obtain the services of a geotechnical subconsultant to make subsurface investigations as required to design the transmission mains. The Consultant will obtain the services of a professional land surveyor to provide topographic and horizontal control surveys of the proposed transmission mains' alignments. Well vaults will be designed in similar configuration and architectural style to the existing wells in the Golden Gate wellfield. The production well design is anticipated to be similar to the existing wells with the exception being that fiberglass casings will be utilized. The control system concepts and supervisory control and data acquisition (SCADA) system for the new wells interface requirements will be developed in this task. The production well control interface requirements with the County's existing SCADA system will be discussed with the County's operations staff. The control system will be designed to be compatible with the current protocols of the existing SCADA system. The electric utility service requirements for the wells will be developed based on the selected submersible pump motor horsepowers and voltage requirements. Contract documents and specifications will be prepared for submittal at the 60 percent and 90 percent completion levels. Design review workshops will be held with County staff. These meetings will be held within two weeks of each submittal to discuss comments and recommendations. The Consultant will provide written responses to each of the County's verbal and written comments provided at the review workshops. Meeting minutes will be prepared and submitted upon completion of the meeting to document the final decisions made during the final design meeting. Bidding documents w~ for use by bidding contractors. Page 2 of 7 JIJN F:\WatedT0066 GG Wcflfield\CDM Scope of WO CDM-FT-01.01 .doc Collier County Golden Gate Wellfield Reliability Improvements Project #: 6295-29213 May 24, 2001 CDM Missimer Design Drawings -Detailed design will consist of preparation of general, civil, mechanical, electrical, piping and structural drawings, and instrumentation and control drawings. Standard details will also be prepared. Construction drawings will be prepared using AutoCAD format. Contract and Technical Specifications - The technical specifications will be prepared in conformance with the Construction Specifications Institute (CSI) format. Consultant's standard master construction specifications will be used as the basis for the technical specifications for the project. Suitable manufacturer and suppliers will be identified for each specified item. The County will be provided with both hard and electronic copies of the completed specifications. The County's latest standard specifications will be incorporated into the General and Special Conditions sections. Requirements for special provisions will be carefully evaluated with the County. The electronic copy will be provided in Microsoft Word. Design Progress Submittals - Six sets of construction drawings and specifications will be produced and submitted for County review at the 60 percent to 90 percent design levels. The drawings will be provided on bound 11 x 17-inch sheets. After addressing review comments for the 60 percent submittal, a 90 percent submittal of the drawings and specifications will be produced for final review. The 90 percent submittal will be defined as a set of drawings and specifications that is complete and biddable, but subject to final comment from FDEP and the County. Construction Cost Estimates - The Consultant will prepare opinions of probable project construction costs. A preliminary cost estimate will be provided as part of the wellfield expansion feasibility study and will be made a part of the final preliminary design report. This estimate will be updated for each design submittal (60 and 90 percent). A revised estimate will be provided with the final bid document submittal. The revised estimate will be provided as a bound report and will consist of a summary of the overall construction costs as well as a detailed breakdown of the estimated material, equipment, and labor costs for construction of the new facilities. Consultant will prepare a final opinion of construction costs based on the 90 percent complete documents. This cost estimate will provide an opinion of anticipated costs and indicate to potential bidders the magnitude of the project. Final Plan Preparation - The final design, 100 percent complete documents, will incorporate comments from the County and FDEP. The final design documents will consist of bidding and contract documents, technical specifications, and engineering drawings. The final design documents will incorporate designs of the production wells, submersible pumps, and related wellfield facilities. Final documents will be prepared for bidding as a single construction contract. A bid schedule will be prepared, describing the work to be performed. A meeting will be held within two weeks of submittal of the final design to discuss comments and recommendations. The County will provide verbal and written comments and each comment will be addressed by the Consultant. Six full- size and six half-size copies of completed design drawings and six sets of specification documents will be submitted to the County. F:\Wate,A70066 GG Welfield\CDM Scope of wo CDM-FT~01-01 .doc Page 3 of 7 AGENDA_ I ~ JUN 2 2001 Collier County Golden Gate Wellfield Reliability Improvements Project #: 6295-29213 May 24, 2001 CDM Missimer Permitting and Agency Coordination - This task will establish the permitting requirements for the proposed wellfield improvements and where appropriate, initiate the permit application process. Pre- application meetings will be held with the appropriate agencies to confirm regulatory requirements. This information will be incorporated and used in the preparation of the permit applications. Construction permit applications will be prepared and submitted to the following agencies on behalf of the County: · Collier County Building Department (Assist contractor with obtaining required permits) · Florida Department of Environmental Protection A permitting summary memorandum will be prepared which lists the permit or approval required, the applicable permitting/approval agency/authority, and contact person. The permit/approval requirements and estimated time necessary to obtain the permit/approval by each agency will be determined. It is assumed that the County will obtain local permits, and that the County will pay all permit application fees. Up to two responses for additional requests for information will be provided during the permitting process. In addition, it is assumed that one (1) meeting with FDEP will be required to resolve permitting issues. B. CONSTRUCTION BID SERVICES The Consultant will provide bid period services to the County consisting of production of bid documents, response to bidder inquiries, preparation of addenda, and review of bids. These services are described below. Reproduction and Distribution of Bid Documents - The final contract documents will be produced in full and half-size bid sets to provide to the County, bidders, building exchanges, trade groups, and project team members. The Consultant will coordinate the distribution and sale of the bid documents, maintenance of the planholders list, and other aspects of bid documentation distribution. Pre-Bid Conference/Response to Bidders Questions - A pre-bid conference will be conducted. The conference will be held at a convenient location and the Consultant will maintain a set of notes. Questions will be logged and appropriate responses will be either given at the conference and/or in addenda prepared by the Consultant. Bid Evaluation and Recommendation for Award - The bid packages will be received and opened by the County at a public location. Bid packages will be reviewed by the Consultant for completeness and appropriateness for award. Consultant will check references as appropriate. Consultant shall provide written recommendation for award of the construction contract to the lowest responsive, responsible bidder. C. CONSTRUCTION ADMINISTRATION SERVICES Construction administration services to be provided for the construction of the additions to the Golden Gate wellfield consist of the following: Pre-Construction Conference - Consultant will attend a pre-construction conferencewit~II ~1, ~T~ .... i representatives from County and Contractor. / N0'-~-{,~-- i Pa e4of7 JUN 2 ~ 2~J0~ Collier County Golden Gate Wellfield Reliability Improvements Project #: 6295-29213 May 24, 2001 CDM Missimer Shop Drawings - Consultant will review and process shop drawings, samples, schedules, certifications and other data which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the information provided in the construction contract documents. Consultant will submit reviewed shop drawing submittals to the County for its records. Detailed Observation of Construction - Provide full-time, on-site observation of construction activities by one or more representatives as authorized and approved by the County. Consultant will provide construction observation services during the construction of the production wells and transmission facilities. These services consist of daily observation of construction activities, collection and analysis of drill cuttings and water samples, testing of any nature, and certification of construction. The Consultant's on-site representative shall prepare and submit weekly progress reports to the County during construction. The weekly progress reports shall include project status, contractor manpower, materials and equipment received, work performed, problems encountered and rectification, and weather conditions. Review Pay Requests - The Consultant's representative will note actual quantities of materials used, depths drilled, well development time utilized, etc. Contractor requests for payment will be reviewed to verify the requests are consistent with the amount of work accomplished. Issue Interpretations - Consultant will issue necessary interpretations and clarifications of the construction contract documents, in writing, and prepare change orders as required. Consultant will interpret the requirements of the construction contract documents, evaluate the work performed thereunder, and make recommendations on any claims by the Contractor. Report - Consultant will prepare a report documenting construction activities, well construction details, water quality, and well performance. Certificate of Completion - Consultant will prepare a certificate of completion for the wellfield and raw water transmission facilities. Record drawings of the new facilities will be prepared. A mylar set will be included along with four signed and sealed blueline copies. D. OPERATIONAL AND START-UP SERVICES During this phase, the Consultant will provide services to the County under the following tasks: Operation and Maintenance Manual; Operation and Maintenance Training; and Start-Up Services. A description of these tasks follows. Operation and Maintenance Training - The Consultant will provide training for the operations and maintenance staff on use of the expanded facilities. The Consultant will assist Collier County in an assessment of the training requirements of the personnel and coordinate the training requirements with the applicable regulatory requirements. The training will complement and be coordinated with training to be provided by equipment vendors. F:\Water~70066 GG Welfleld',CDM Scope of WO CDM-FT-01-01 .doc Start-Up Services - The Consultant will conduct a systems checkout, including troubleshooting of equipment and instrumentation installed as part of the project. Consultant will provide on-site advice and troubleshooting throughout the start-up. In addition, Consultant will provide management training and assistance to County staff. ,JUN 2 6 2001 Collier County Golden Gate Wellfield Reliability Improvements Project #: 6295-29213 May 24, 2001 CDM Missimer Once the new wellfield facilities are fully operational, the Consultant will assist County staff with operation fmc-tuning. All contract documents and computer disks will be catalogued and delivered to the County. Start-up services will be limited to 50 hours of engineering time. E. ADDITIONAL SERVICES The Consultant will provide additional services, as authorized by the County, which may arise during the course of or following the design, construction and start-up of the wellfield improvements. Operation and Maintenance Manual - The Consultant will revise the existing wellfield Operation and Maintenance (O&M) manual to include the new wellfield facilities via addendum. The O&M manual addendum will contain a compilation of equipment maintenance data sheets and information provided as part of the Contractor's submittal during construction, schematic diagrams, and equipment maintenance identification numbers. The revised O&M manual will reflect changes and incorporate training materials and standard procedures developed during start-up. The O&M manual addendum will cover the new facilities and how those facilities integrate with the existing facilities. The manual will contain the following sections: (1) introduction, (2) equipment description, (3) start-up, (4) normal operations, (5) emergency operations, (6) monitoring and analytical requirements, (7) trouble-shooting guidelines, and (8) preventative maintenance. The manual will provide instructions for the operation of each new facility. The manual will specify valve, equipment, and instrument numbers in the operations descriptions. Five (5) copies of each draft addendum will be submitted to the County for review. Corrections, changes and/or additions required by the County will be performed, and five (5) copies of each final O&M manual addendum will be provided. The Consultant will perform other additional services, which are not part of the above scope and which cannot be defined at the time of original agreement, as authorized in writing by the County, during preliminary design, detailed design, bidding, construction, start-up, or after completion of construction. F. GENERAL AS SUMPTIONS Work described in the scope of services for the five project elements is based upon the assumptions listed below: County will provide Consultant available record drawings of all facihties, which will serve as the preliminary basis for design in this project. Record drawing mark-ups will be prepared by the Contractor and submitted to the Consultant for review. Construction project will be bid as a single contract, similar to previous wellfield expansion projects completed for the County. The County will perform acquisition of necessary easements (including temporary construction easements). F:\Wate~70066 GG Welfielo~CDM Scope of WO CDM-FT-01-01 .doc County will provide Bid/Contract Documents (including front-end documents) for incorporating with Consultant-supplied contract general conditions. , ..... .~ Page6of7 JUN 2 6 2001 PG. Collier County Golden Gate Wellfield Reliability Improvements Project #: 6295-29213 May 24, 2001 CDM Missimer 5. The County will pay all permit application fees. o County will provide comments on all draft deliverables within two weeks, unless another deadline is agreed upon. o The proposed production well locations and pipeline routes for the plant expansion are assumed to be free of environmental contamination. 8. The SFWMD will approve the requested permit modification for 5 additional production wells. G. SCHEDULE OF COMPLETION The Consultant will complete the design of the project as described in Task A twenty-four (24) weeks from the date of the notice to proceed. The completed design documents will be complete to the level acceptable for competitive bidding. H. COMPENSATION The Consultant will be compensated $144,000.00 for the work performed under Tasks A through D on a Lump Sum basis. Work associated with Task E, Additional Services, will be compensated up to a Not-to- Exceed amount of $25,000 and charged in accordance with Schedule A of Contract 00-3119. F:\Watert70066 GG Welfield\CDM Scope ofWO CDM-FT-01-01 .doc Page 7 of 7 I A~Ni)A' ITEl( N0. I,, JUN 2001 OG. / EXECUTIVE SUMMARY AWARD A CONTRACT TO MITCHELL & STARK CONSTRUCTION COMPANY, INC., TO UPGRADE THE PELICAN BAY WELLFIELD, BOOSTER STATION AND MASTER FLOW METER~ BID 01-3238, PROJECT 74039 OBJECTIVE: To increase the supply of water used to supplement the reclaimed water used for irrigation in the North County Service area. CONSIDERATIONS: On March 14, 2000, Agenda Item 16(B)l 5, the Board of County Commissioners approved a work order to Tilden Lobnitz Cooper for engineering services related to this project. On June 13, 2001, sealed bids were opened for this project. Bid notices were sent to 311 contractors, seventeen contractors purchased plans and specifications. Three bid packages were received and are tabled below: Bidder Mitchell & Stark Construction Company, Inc. Hausinger & Associates, Inc. Douglas N. Higgins, Inc. Amount $734,950 $815,000 $842,000 The bid tabulations are attached. The lowest bid was received from Mitchell & Stark Construction Company, Inc. in the amount of $734,950. Our design professional evaluated the bids and has determined that they are qualified to perform the work under this contract and recommends award of the contract to Mitchell & Stark Construction Company, Inc. Mitchell & Stark Construction Company, Inc. is on the County's annual bid for Underground Utility Contractors and has performed satisfactorily. FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $332,000 to project 74039. Funds in the amount of $312,000 will be transferred from Project 74031, Rehab SCWRF Reclaimed Water Tank, which is deferred to FY02. Funds in the amount of $20,000 will be transferred from Project 74015. Source of funds is User Fees. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, award a contract to Mitchell Stark Construction Company, Inc., Project 73949, authorize the Chairman to execute the Contract, and approve the necessary budget amendment. jUN Executive Summary Pelican Bay Wellfield Upgrades Bid 01-3238 Page 2 Alicia Abbott, Public Project Manager Public Utilities Engineering REVIEWED BY: ~ Date: Stephen Y: Camell, Purchasing Director REVIEWED BY: ,/~,:']4~ Date: Roy An/terson, P.E., Public Utilities Engineering Director REVIEWEDBY:~~ ~ Joset~ B. Cheatham, Wastewater Director James V__~udd, P.E., Public Utilities ~dministrator NO. JUN 2 6 2001 PG.__ EXECUTIVE SUMMARY APPROVAL OF CONTRACT GC623 WITH THE FLORIDA DEPARTMENT OF E ,NVIRONMEN, TAL ,PROTECTION ,(i~DEP) OBJECTIVE: To have the Board of County Commissioners approve the attached Contract No. GC623 between the County and the Florida Department of Environmental Protection (FDEP), effective July 1, 2001, that remains in effect until June 20, 2005, to eliminate petroleum contamina~ sites in Collier County. CON~;IDERATION: Since 1990 the Pollution Control & Prevention Department has been providing contract administration and remediation services for the clean-up of petroleum-cxmtaminated sites throughout Collier County under a Contract with the FDEP. Annually, the contract between the FDEP and the County has been revised, mended or re- negotiated to reflect the changing fiscal, legal or legislative conditions and requirements. GROWTH MANAGEMENT IMPACT: Clean-up of petroleum contaminated sites are consistent with Objective t.5 of the Natural Groundwater Recharge sub-element of the Public Facilities Element of the County's Growth Management Plan. It also satisfies the objectives of the Ground Water Protection Ordinance. FISCAL IMPACT: FDEP will reimburse the County for work conducted however, this amount is not a fixed price or ex>st plus contract. Monthly reimbursement to Collier County will be based on the cost to manage specified sites. The number of sites will vary from year to year, therefore changing the amount received to Collier County. This program will be included in FY 01/02 Budget (Fund 114, Cost Center 178975), and the remaining contract years. RECOMMENDATION: That the Board of County Commissioners, by approving this item on the Consent Agenda: 1. Authorize the Chairman to sign the attached Contract GC623 with the Florida Department of Environmental Protection effective July I, 2001. Authorize the Department Director to sign associated Task Assignments for FDEP Contract GC623 with the Florida Department of Environmental Protection effective July 1,2001. implement the executed task assignment. PREPARED BY: ~ {~ ]x~J,.,/~'~ ~) '~fy C~rndi~se ~ct]n~ DirectOr Authorize the staff to process budget amendments to reflect final figures and to APPROVED BY~~ DATE: ~/~'-~ t/ ~i~es V. Mudd, P.E., Administrator Public Utilities Division Jun 2 S 200I PG. / COUNTY: COLLIER CONTRACT DEP Contract No. GC623 THIS CONTRACT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP') and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is Collier County Pollution Control and Prevention Department, Health and Community Service Building, 3301 E. Tamiami Trail, Naples, FL 34112 (hereinafter referred to as the "Contractor"), a local government, to provide petroleum contamination site cleanup related services in Collier County. I. GENERAL TERMS As authorized by Section 376.3073, Florida Statutes (F.S.) and in consideration of the mutual benefits to be derived herefrom, the Deparmaent and Contractor do hereby agree as follows: The Department does hereby retain the Contractor to perform local government petroleum contamination site cleanup program services as described in Attachment A, Scope of Services, attached hereto and made a part hereof. The Contractor does hereby agree to perform such services upon the terms and conditions set forth in this Contract and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Contract specific _definitions and terms are described in Attachment B. The services under this Contract shall be authorized as follows: Management of the Pre-Approval/Non-Prograrn/Volun~ Cleanup portion of the Petroleum Contamination Cleanup Program and State Cleanup Project Management ("State Cleanup"): se~ices shall be requested and author/zed by the Department on an "as needed" basis utilizing the Task Assignment Notification Form (Attachment C), and the Task Assignment Change Order Form (Attachment D). The Contractor shall perform the services in a proper and satisfactory manner as determined by the Department. Ally and all such equipment, products or materials necessary to perform these services or requirements as further stated herein, shall be supplied by the Contractor, unless otherwise authorized by Task Assignment. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Department. 5. The Contractor shall be responsible for obtaining all applicable local, state and federal permits. This Contract shall be effective on the date of execution or July 1, 2001, whichever is later; and shall remain in effect until June 30, 2005, inclusive. Any and all work under this Contract shall be evidenced by an executed Task Assignment. In no event shall the Contractor perform work without an executed Task Assignment. The Department anticipates Task Assignments will be executed no later than July 1 of each year detailing the requirements for the next twelve (12) months. This Contract may be renewed for an additional term not to exceed the original Contract period. Renewal of this Contract shall be in writing and subject to the same terms and conditions of this Contract. All renewals are contingent upon proper and satisfactory technical and administrative performance by the Contractor and the availability of funds. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Contract (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require an appropriate adjustment and modification (formal amendment, Task Assignment Notification Form or Task Assignment Change Order Form, whichever the Department deems rmro~riate~ to this Contract. DEP Contract No. GC623, Page 1 of 7 AGENDA ITEM JUN 2 II. CATEGORY I FUNDS ADMINISTRATION As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor on a fee schedule basis (Attachment E) for the Management of the Pre-Approval/Non-Program/Voluntary Cleanup portion of the Petroleum Contamination Cleanup Program and State Cleanup Project Management as follows: The rates used for calculation of fee schedule payments shall be negotiated and established on an annual basis and evidenced by issuance of a Task Assignment Notification Form, and shall apply to all services for the state fiscal year (July 1 to June 30) in which the rates were authorized. Changes in the contracted price for any given year shall be based on the addition or deletion of petroleum cleanup sites serviced, at the same rates authorized for the Contractor for that fiscal year. The Contractor shall be paid on a fee schedule basis based on estimates of the costs to manage a specified number of sites. This is not a fixed price or cost plus contract. The monthly amount is based on the level of effort measured in personnel required to manage Preapproval/Non Program/Voluntary Cleanup and State Cleanup Sites. The number and level of personnel, cost of personnel and overhead are based on the Contractor's actual cost and the total number of sites the Contractor manages. Consideration in terms of personnel time is also given for specific technical and administrative activities on a task by task basis. Payment for active sites shall be based on the date of initiation and pro-rated over a 12-month period. Additional sites added during the course of the year will be prorated from the month the site is assigned. Site Rehabilitation Completion Orders (SRCO) with or without conditions issued pursuant to Rules 62- 770.680 or 62-770.760, Florida Administrative Code ("F.A.C."), during the course of the year shall not reduce the total number of sites assigned to the Contracto~ during any fiscal year. Funding for this Contract is through the Inland Protection Trust Fund (IPTF) and the Contractor shall track this funding separate from direct appropriations and any other funds in accordance with the Scope of Services (Attachment A). The Department shall encumber funding upon the execution of a Task Assignment Notification Form or a Task Assignment Change Order Form. 10. Payment terms shall be as follows: All invoices for amounts due under this Contract shall be submitted in accordance with the Scope of Services, Contractor Financial Management Section (Attachment A, Section 7). All travel and incidental expenses for the Contractor are included in the fee schedule mount described in paragraph 8. Contractor invoices will not be approved for payment unless the provisions of paragraph 13 are completed in a satisfactory and timely manner and information contained in the status report is accurately reflected in the Petroleum Contamination Tracking (PCT) System. Requests for reimbursement of non-expendable equipment costing one thousand ($1,000) dollars or more, which is authorized under a Task Assignment for purchase, will not be approved for payment unless the invoice for said equipment is accompanied by a properly completed Property Reporting Form (Attachment F}, as per paragraph 33. C. Four (4) copies of each invoice shall be submitted to: Department of Environmental Protection Bureau of Petroleum Storage Systems, MS ~4575 Attn: Accountant 2600 Blair Stone Road Tallahassee, FL 32399-2400 D. The State of Florida's performance and obligation to pay under this Contract is continge I ~ AGENO~ ITE~ annual appropriation by the Legislature. DEP Contract No. GC623, Page2of7 [ JUN 2 2001 11. 12. IV. 14. 15. 16. The Contractor is responsible for the professional quality, technical accuracy, timely completion and coordination of all reports and other services furmshed by the Contractor under this Contract. The Contractor shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in-its reports and other services. The Contractor and its subcontractors are responsible for ensuring that all petroleum contamination site cleanup work conducted within its jurisdiction follows all rules and procedures established by the Department's Environmental Assessment Section, Chapter 62-160, F.A.C. except as modified or directed by the Bureau of Petroleum Storage Systems for the Petroleum Cleanup Program. DELIVERABLES The Contractor shall submit monthly reports and deliverables as follows: The monthly Contractual Services Invoice form (Attachment G2) shall be accompanied by the Monthly Contract Invoice Cover Sheet Form (Attachment G3) and required backup documentation per Site Report Spreadsheet Form (Attachment G4) per Instructions for Contract Invoice (Attachment Gl). The Contractor shall submit originals or scanable copies of all Site Assessment Reports (SARs), Remedial Action Plans (RAPs), Site Rehabilitation Completion Reports (SRCRs), and other technical reports generated or received, and all correspondence to and from the Contractor, such as letters, memos, and notes to the Department, within sixty (60) days of receipt or initiation, and shall retain copies in its office. Documentation, in the form of required invoicing with attached information, must be in detail sufficient for pre-audit and post-audit review and approval of invoices. MANAGEMENT All services performed by the Contractor shall be in accordance with applicable statutes, and rules including Sections 376.300 through 376.308, F.S. and Chapters 62-770, 62-771, and 62-777, F.A.C. and written Department guidance. All guidance as amended and distributed by the Department during the term of this Contract shall be considered part of this Contract. Guidance documents shall be supplied or made available by the Department on a timely basis. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F. S. The Department's Contracts Administrator may terminate this Contract for the Department's convenience by giving thirty (30) calendar days written notice to the Contractor. Said notice shall be sufficient if delivered personally or by certified marl to the address contained herein. In case of such termination, the Contractor shall be compensated for work satisfactorily completed and irrevocable commitments made. Additionally, this Contract may be terminated by the Department at any time for failure of the Contractor to perform in accordance with the terms and conditions contained herein by giving thirty (30) calendar days written notice to the Contractor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GC623, Page 3 of 7 JUN 2 6 2001 17. Any and all matters or notices shall be delivered to the parties at the following addresses: Contractor Department Colher County Board Of County Commissioners Collier County Pollution Control and Prevention Department Arm: Phil Snyderburn 3301 E. Tam, ami Trail Naples, FL 34112 Telephone: (941) 732-2502 Facsimile: (941) 732-2574 E-mail: PhilSnyderbuxn~colliergov.net Florida Depat utsent Of Environmental Protection Bureau of Petroleum Storage Systems Attn: Grace Rivera 2600 Blak Stone Road, MS 4530 Tallahassee, FL 32399-2400 Telephone: (850) 921-0839 Facsimile: (850) 414-7797 E-mail: Gmce. Rivera@dep.state.fl.us 18. The DepaFm~ent's Contract Manager is Grace Rivera, Environmental Manager, (850) 921-0839. The Contractor's Contract Manager is Ray Sm/th, Interim Contract Manager, (941) 732-2502. All matters shall be directed to the Contract Managers for appropriate action or disposition. 19. A person or affiliate who has been placed on the convicted vendor list following a conviction for a pubhc entity c~hue may not perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for purchasing threshold Category Two for a period of 36 months from the date of being placed on thc convicted vendor list. 20. Pursuant to Section 216.2815, F. S., all records m conjunction with this Contract shall be public records and shall be treated in the same manner as other public records are under general law. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F. S., and made or received by the Contractor m conjunction with this Contract. 21. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual or fn'm, other than a bona fide employee ' working solely for the Contractor, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract. 22. The Contractor convenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 23. This Contract has been delivered m the State of Florida and shall be construed in accordance with the laws of Flor/da. Wherever possible, each provision of this Contract shall be interpreted in such manner as to be effective and yard under applicable law, but if any provision of th/s Contract shall be prohibited or inval/d under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions or the rernainmg provision of this Contract: Any action hereon or m connection herewith shall be brought in Leon County, Florida. 24. DEP Contract No. GC623, Page 4 of 7 The Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. The Deparanent, the State, or other authorized representatives shall have access to such records for audit purposes during the term of this Contract and for three (3) years following Contract completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 25. 26. In addition to the provisions contained in paragraph 24 above, the Contractor shall comply with the applicable provisions contained in Attachment H. A revised copy of Attachment H, Exhibit-l, must be provided to the Contractor with each amendment which authorizes a funding increase or decrease. The revised Exhibit- 1 shall summarize the funding sources supporting the Contract for purposes of assisting the Contractor in complying with the requirements of Attachment H. If the Contractor fails to receive a revised copy of Attachment H, Exhibit-l, the Contractor shall notify the Department's Contracts Administrator at 850/922-5942 to request a copy of the updated information. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or de~'a'u~t by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 27. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Contract. 28. This Contract is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 29. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract. An entity or aft'fflate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. 30. This Contract is an exclusive contract for services and may not be assigned to whole or in part without the pr/or written approval of the Department. 31. The Contractor shall not subcontract, assign or transfer any work under this Contract without the prior written consent of the Deparmaent's Contract Manager. The Contractor agrees to be responsible for the fulfillment of all work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Contractor that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all expenses and liabihties incurred under the subcontract. 32. To the extent required by law, the Contractor will be self-insured against, or will secure and maintain during the life of this Contract, Worker's Compensation Insurance for all of the Contractor's employees connected with the work of this project and, in case any work is subcontracted, the Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Worker's Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of the employees not othenvise protected. 33. Upon satisfactory completion of this Contract, the Contractor may retain ownership of purchased under this Contract. However, the Contractor shall complete and sign a Property II,porting / DEP ContractSo. GC623, Page 5 of 7 / ! JUN 2 G 2001 1 . 34 35. Form, (Attachment F), and forward it along with the appropriate invoice to the Department's Contract Manager. The following terms shall apply: The Contractor shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. The Contractor is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. The Contractor is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non-expendable personal property or equipment purchased with state funds and held in the Contractor's possession for use in a contractual arrangement with the Department. Additional requirements may be imposed on executed Task Assignments outlining the purchase of equipment. In accordance with Section 216.347, F. S., the Contractor is hereby prohibited from using funds provided by this Contract for the purpose of lobbying the Legislature, the judicial branch, or a state agency. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Contract. The Contractor acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety roles and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Contract. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GC623, Page 6 of 7 JUN 2 PG. ~ -- ENTIRE AGREEMENT 36. This Contract represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless otherwise provided'herein. IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last written below. COLLIER COUNTY BOARD OF COUNTY COMMISIONERS Title: JAMES D. CARTER,Ph.D. , Date Chairman FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION .9' C/~hi~ ,~B(ar~a~' o'f eeJ!,61eum Storage Systems / // Date FEID NO. 59-6000558 DWIGHT E. BROCK, Clerk Collier County Clerk APPROVED as to formj and legal sufficiency: 1" Collier County Attorney TOM PALMER, Assistant County Attorney I~EP Contracts Adminisl~a~" ~VE~fo~_j[d legality: I~EIt ~ssmtant General Counsel List of attachments/exhibits included as part of this Contract: Specify Letter/ Type Number Description Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G 1 Attachment G2 Attachment G3 Attachment G4 Attachment H Attachment I Attachment J Attachment K Scope of Services (4 Pages) Contract Definitions (2 Pages) Task Assignment Notification Form (1 Page) Task Assignment Change Order Form (1 Page) Multiplier Spreadsheet for Compensation Form (1 Page) Property Reporting Form (1 Page) Instructions for Contract Invoice (1 Page) Contractual Services Invoices Form (1 Page) Monthly Contract Invoice Cover Sheet Form (1 Page) Site Report Spreadsheet Form (2 Pages) Special Audit Requirements (5 Pages) Administrative Performance Criteria (1 Page) Guidance Documents (1 Page) Non-Program Site Management Procedures (2 Pages DE1> Contract No. GC623, Page 7 of 7 JUN 2 6 2001 PG. O¢~ ATTACHMENT A SCOPE OF SERVICES The Contractor shall perform all necessary activities to bring a petroleum cleanup site to either No Further Action or Site Rehabilitation Completion Orders with or without conditions (NFA/NFAC or SRCO) within the most timely and cost efficient manner possible. The Contractor will be compensated based on a negotiated annual Contract amount prorated over a twelve (12)-month period. Modifications to the Contract amount can occur, when the number of managed sites increases or decreases by ten percent (10%) increments or fifteen (15) sites, whichever is less, at which time a Task Assignment Change Order will be issued. The Task Assignment must be fully executed to be eligible for additional compensation. Additional sites added during the course of the year will be prorated fi.om the month the ten percent (10%) or fifteen (15) site threshold is reached and a Task Assignment Change Order is executed. The technical and administrative services shall be performed in accordance with applicable statutes, rules and written Department guidance including Sections 376.300, 376.3071, 376.3073 and 376.308, F.S. and Chapters 62- 770, 62-771, and 62-777, F.A.C., and the Petroleum Cleanup Preapproval Program Standard Operating Procedures Manual (SOP). Ancillary services include, but are not limited to: · All necessary clerical and administrative duties, including, but not limited to: - maintenance of cleanup site files - typing - mailing - document and performance tracking - processing time extension requests - processing preapproval work orders - task assignments and change orders - review technical reports and addenda - completion of review checklists - information requests · Attend meetings; · Respond to public records requests; · Provide assistance to the public; · Data entry into STCM and PCT databases; · Timely forwarding documents to the DEP; and · Liaison with the DEP Contract Manager. The DEP may assign other activities to the Contractor on an as needed basis. The Contractor shall perform technical reviews for non-program sites, perform special technical evaluations, or assist the DEP with certain administrative tasks as mutually agreed upon based upon the needs of the DEP and the availability and expertise of the Contractor. The Contractor is required to meet Chapter 62-770, F.A.C., time frames for review of documents. If these time frames can not be met the Contractor shall contact the DEP Contract Manager immediately so that alternate arrangements can be made'to have the documents timely reviewed. 4. Performance will be measured through the following administrative and technical reviews: DEP Contract No. GC623, Attachment A, Page 1 of 4 All database entries into the petroleum cleanup tracking databases (STCM/PCT) must be made within thirty (30) calendar days of activity as defined in Attachment I, Section 1. Originals or scanable copies of all documents and correspondence must be sent to the DEP central file within sixty (60) calendar days of receipt or initiation as described in Attachment I, Section 1. The performance measure for data entry into STCM/PCT and delivery of copies of all documents and correspondence to DEP files is ninety-percent (90%) or greater. A review of twenty-five percent (25%), or a percentage at the Department's discretion, of the site files will be performed at least annually to determine the rating for Document Management. NO. JUN 2 6 2001 _ PG. B. An Administrative Review of the processing of work orders and invoices will follow the same guidelines, as those required in the SOP. The Contractor must maintain a ninety- percent (90%) or greater rating (see Attachment I, Section 2). A review of twenty-five percent (25%), or a percentage at the Department's discretion, of the site files will be performed at least annually to determine the rating for the Administrative Review measures. C. A Technical Review will be performed by DEP to ensure consistent application of DEP technical rules and policies. These Technical Reviews may be performed as often as deemed necessary by the DEP staff and the Contractor is required to perform in a proper and satisfactory manner as determined by DEP. D. Failure of the Contractor to meet a rating of ninety-percent (90%) or greater on Document Management, or a ninety-percent (90%) or greater rating on the Administrative Review measures could result in forfeiture of the final monthly payment or 1/12 of the total tasked amount for the month(s) identified as below the rating of ninety-percent (90%). Continued non-performance by the Contractor shall result in the termination of the Contract per paragraph 16 of the Contract. E. A pre-review and post-review interview will be performed by the Contract Manager with the Contractor. The Contractor Shall have thirty (30) days to respond in writing to the review. The Contractor shall submit a satisfactory corrective action plan to the DEP Contract Manager, upon final notification by the DEP that the Contractor did not meet the standards, within sixty (60) days of notification. The determination of the compensation rate per site is based on an estimate of the Environmental Specialist II (ES II) level spending forty (40) hours per site per year, the Professional Geologist licensed to practice in Florida pursuant to Chapter 492, F.S. CPG"), and/or Professional Engineer licensed to practice in Florida pursuant to Chapter 471, F.S. ("PE") spending seven (7) hours per site per year; the clerical staff spending ten (10) hours per site per year; and the administrative staff spending twelve (12) hours per site per year as provided in the Multiplier Spreadsheet For Compensation Form (Attachment E). The personnel time for additional tasks will be negotiated on a task-by-task basis, and may be considered in the original Task Assignment or as a Change Order. For Contractors with fewer than one hundred eighty (180) sites, the number of hours of PE/PG time per site in the compensation formula will be adjusted such that at least one thousand two hundred fifty (1250) hours of PE/PG time (sixty percent (60%) of a PE/PG FTE) is committed to petroleum cleanup program activities annually. The Contractor is required, as a minimum, to have a PE employed by that Contractor available for petroleum cleanup program activities on a timely and routine daily basis. Annual Travel and Vehicle Use - The Contract provides funds for travel expenses for a minimum of five (5) trips by the Contractor for training events or meetings with the Department during the fiscal year. Expenses for use of vehicles necessary to carry out the site cleanup oversight and management tasks within the scope of this Contract are also authorized Per calculation in the fee schedule, Attachment E. 7. Contractor Financial Management: A. During Task Assignment negotiations for this Contract the following information shall be provided. This information will be used to calculate the costs per site: 1. Staff assigned tO perform work under this Contract identified by name and position, salary and fringe benefits and overhead; 2. Assigned staff qualifications (degree, years of experience, license); and, 3. Assigned staff duties outlined related to fulfilling the Contract. B. The Contractor shall mail the Contractual Services Invoice, to the Department Contract Manager, within seven (7) business days of the last day of the preceding month, including compteted Attachments G2 through G4, for the previous month's services. Invoices received later than the date specified above, are subject to the availability of funding provided under this Contract at the th~P~-narm~pt time the invoice is submitted. If funding supporting this Contract has reverted, DEP Contract C623, Attachment A, Page 2 of 4 J U N 2 shall not be obligated to pay the Contractor for the late invoice(s). The June invoice shall be received by the DEP no later than the end of the first business week of July. Co The Contractor is required to have a separate tracking system based on the state fiscal year (July 1 - June 30) for petroleum fund expenditures, or a methodology for tracking petroleum fund expenditures, which clearly shows incurred costs, encumbrances and balances so that the Department's Office of Inspector General (OIG) and Bureau of Petroleum Storage Systems (BPSS) reviews can be accomplished efficiently. The tracking system shall include, at a minimum: - Assigned staff identified by name and position; - Itemized Employee Payroll Report for all assigned staff; - Report of all related travel expenses; - Inventory report of all equipment purchased for fulfillment of the Contract including costs or estimates and the assumptions made in developing those estimates; - Item/zed report of all vehicle use and expenditures; - Incurred miscellaneous expenses; and - Report of monetary balances, if applicable. The Contractor shall provide a fiscal year-end financial report based upon the data from the tracking system described in paragraph 7. C. above so that any unspent Contract funds can be identified and deficits can be reconciled. This report shall be provided to the DEP on or before September 30 for the previous fiscal year. 8. Preapproval Financial Management Petroleum cleanup Preapproval Services Change Order and Invoice (Preapproval Invoices) shall be date stamped upon receipt, and reviewed by the Contractor in accordance with the SOP within five (5) business ~lays of receipt by the Contractor and forwarded to.the DEP Contract Manager for further processing, via first class mail or guaranteed overnight delivery. DEP reserves the right to request hand delivery of any petroleum cleanup Preapproval Invoice not meeting the five (5) day time frame. The Department reserves the right to provide partial or full delegation of cost center administration for petroleum cleanup Preapproval Invoices. If the Contractor is given a delegation, the Contractor shall designate a central point of contact (POC) for review of petroleum cleanup Preapproval Invoices prior to mailing the Preappmval Invoices to the Department. The Department will continue to review final Preapproval Invoices and also conduct routine, random checks on delegated Preapproval Invoices. 9. Program Management DEP Contract No. GC623, Attachment A, Page 3 of 4 The Contractor is required to have site managers assigned to all sites, both eligible and ineligible. The Department will only pay for sites for which the Contractor has assigned a site manager, the site manager has contacted the consultant, and which are registered with a DEP Facility Identification number. Contractor shall hire and retain a sufficient number of qualified staff to satisfactorily complete all the responsibilities included in this Contract. Contractor shall provide salary and benefits commensurate with individual qualifications, work experience and professional certification(s) to ensure consistency and stability in the workforce. No site manager shall be assigned more than forty-five (45) to fifty (50) petroleum cleanup sites. PE's and PG's whose primary job is to review assessment reports and remedial action plans shall be assigned no more than twenty (20) to twenty-five (25) petroleum cleanup sites in their capacity as a petroleum cleanup site manager. Contractor can request higher site loads on a case by case basis. Contractors shall ensure that all field inspections/visits are performed by qualified individuals and that they receive the health and safety training required to meet OSHA standards, ti .... ~£~o~ ~rcn , JUN 2 6 2001 10. Fo Contractor shall provide at least one staff member at DEP scheduled meetings and all scheduled teleconferences with DEP. Contractor acknowledges receipt of the guidance documents as listed ia Attachment J. If the Contractor does not have Significant Non-Compliance (SNC-A) contracts shall forward to the appropriate DEP District Office personnel, any non-eligible site where the responsible party/owner is not cooperatiag to cleanup the site. Such files that are being referred to the Distr/ct for enforcement shall be organized and contain documentation as prescribed by the applicable District. Non-program site management shall be conducted in accordance with Attachment K. Data Entry Procedures Contractor is responsible for accurate and timely updating of the STCM and PCT databases, to include site manager updates on reports in accordance with the performance criteria in Attachment I. The Department shall provide training on the use of the STCM and PCT databases on an as needed basis. Contractor shall request in writing to the Department's Contract Manager the need for such training. The Department's Contract Manager shall schedule needed training at a mutually convenient time. DEP Contract No. GC623, Attachment A, Page 4 of 4 LJUN 2 [; 2001 ATTACHMENT B CONTRACT DEFINITIONS The following terms a~e defined below for use in the Contract: Department Facilitw Identification Number (FAC ID#): a nine digit numbering system which assigns a separate number to each known registered Petroleum Contamination Site. This numbering system is generated by DEP. Discharge Report Form (DRF): a form adopted by Chapter 62-761, F.A.C., which an owner or operator is required to fill out, complete and submit to FDEP when a discharge occurs at their facility. Eligible Petroleum Clean-up Contract Site (Eligible Site): a site that has been assigned a Department Facility Identification Number (FAC ID#), qualifies for IPTF funding and the Department has forwarded, to the county, the Contractor Designation Form (CDF) or the approval to initiate site cleanup. Full Time Equivalent (FTE): employee(s) whose work hours total two thousand eighty (2080) per year. Ineligible Petroleum Clean-up Contract Site (Ineligible Site~: a site that has been assigned a Department Facility Identification number (FAC ID#), has a valid Discharge Report Form (DRY) on file, is ineligible for IPTF Funds, and is following Non-program Site Management Procedures (SMP), Completing Numbers 1,2 and 3, of the SMP at a minimum. Inland Protection Trust Fund (IPTF): the trust fund esiablished by the legislature which provides all funds for the petroleum prevention and clean-up program established by Section 376.3071, F.S. Involuntary Cleanup Site.: a petroleum contaminated site that has an owner or responsible party who has been forced to clean up their site via a DEP or county enforcement action and which is an ineligible site. No Further Action With or Without Conditions (NFA/NFAC): an order issued by the Department which declares that a petroleum contaminated site has attained target clean-up levels as stipulated by Chapter 62-770, F.A.C. with or without institutional or engineering controls. Non-orogram: see Ineligible Site definition. Non-program Site Management.Procedure (SMP): see Attachment K. Petroleum Cleanup Preapproval Program Standard Operating Procedures (SOP) Manual: a procedures manual, published by the Bureau of Petroleum Storage Systems which provides specific information, guidance and procedures on the Petroleum cleanup program. Petroleum Cleanup Site: any site currently being cleaned up in accordance with Chapter 62-770, F.A.C., procedures including non-program sites, voluntary cleanup sites, preapproval sites, and state cleanup sites. Petroleum Contamination Tracking System (PCT): a DEP database that is used to keep track of information regarding petroleum contaminated sites. Preapproval: as defined in Section 376.30711, F.S., and the Petroleum Cleanup Preapproval Program Standard Operating Procedures Manual (SOP - see definition above). Generally, all work conducted at an Eligible Site (see definition above) must be reviewed and approved by the site manager before work is conducted or costs incurred. Professional Engineer (PE~: an individual licensed to practice engineering in Florida pursuant to Chapter 471, F.S. Professional Geologist (PG}: an individual licensed to practice geology in Florida pursuant to Chapter 492.F.S. DEP Contract No. GC623, Attachment B, Page 1 of 2 J~J~ 2 Remedial Action Plans (RAPs): see Chapter 62-770, F.A.C. Significant non-compliance (SNC~: - refers to the violation types in the storage tank regulation section, provides three levels, A, B or Minor as follows: - Significant Non-Compliance - A (SNC - A). These violations are considered top priority due to their potential for harm to the environment. They are identified on the data entry/checklist by all capital letters and in bold print. Significant Non-Compliance - B (SNC - B). These violations are considered high oriority due to their potential for harm. They are identified on the data entry/checklist by bold print. - Minor violation- (MIN). These violations are considered low prioriW. They are identified by regular type font on the data entry/checklist. ~ite AsSessment Reports (SARs): reports, which provide site specific information on the horizontal and vertical extent of a petroleum contamination plume as required and defined by Chapter 62-770, F.A.C. Site Rehabilitation Completion .Orders (SRCOs): see definition for No Further Action with or without conditions. State Cleanup Site: an eligible program site within the current funding score range for which the responsible party has not designated a preapproval contractor and is being worked on by a DEP state cleanup contractor or contractor state cleanup sub-contractor. Storage Tank Contamination Monitorine (STCM): see definition for Petroleum Contamination Tracking System. Voluntary Cleanup Sit~: an eligible program site with a priority score below the current funding range for which the responsible party is continuing site assessment and cleanup activities at his/her own expense. Warning Letter: letter issued by the Contractor to a responsible party for a non-program site when the Site Rehabilitation Initiation (SRI) letter is not responded to within thirty (30) days or whenever 62-770 F.A.C. time frames for document submittal are not met. DEP Contract No. GC623, Attachment B, Page 2 of 2 2 6 71 01 ATTACHMENT C TASK ASSIGNMENT NOTIFICATION FORM FDEP Contract Number: Contractor Name: Contract Manager:. FDEP Contract Manager: Task Assignment #: Phone #: Phone #: Task Description: (use additional pages if necessary) Deliverable: Task Assignment Type: Amount Not To Exceed Task Performance Period Fee Schedule: $ Total Task Assignment Value: $ Organization Code E;O. Object Code Module SpecJal Category Fiscal Year Budget Representative Approval Revised Attachment H, Exhibit-I, attached to this document. FDEP Contract Manager Cost Center Administrator Bureau Chief Contractor Representative Date Date Date Date cc: Gwenn Godfrey, Contracts Section (MS 93) Bureau of Peffoieum Storage Systems, Accountant Finance and Accounting, Contracts Disbursements Section (MS 78) - 2 copies DEP Contract No. GC623, Attachment C, Page I of I ATTACHMENT D TASK ASSIGNMENT CHANGE ORDER FORM FDEP Contract Number: Contractor Name: Contractor Representative: FDEP Contract Manager: Task Assignment Number: Change Order Number: Phone #: Phone #: Description of Change: (use additional pages if necessary) TASK AMOUNT ITEM Original task amount: Task amount prior to this change order: Net increase/decrease in task amount: Task amount with all change orders: TASK TIME ITEM Original task due date: Due date prior to this change order: Net increase/decrease in task period: Due date with all change orders: Organization Code E.O. Object Code Module Special Category Fiscal Year Budget Representative Approval Revised Attachment H, Exhibit-I, attached to this document. FDEP Contract Manager Cost Center Administrator Bureau Chief Contractor Representative Date Date Date Date cc: Gwenn Go(tfrey, Contracts Section (MS 93) Bureau of Petroleum Storage Systems, Accountant Finance and Accounting, Contracts Disbursements Section (MS 78) - 2 copies F)F.P C. nntract No. GC623. Attachment D, Page 1 or' l .0. /(,,, JUN 2 G 2001 PG,_ /~' JUN 2 G 2001 PG., ...... /'7 _ ATTACHMENT G 1 Instructions for Contract Invoice A status report detailing all activities conducted under this Contract, shall accompany the Monthly Contract Invoice Form included as part of this attachment. The monthly Contractual Services Invoice must include the following documentation: I. The Contractual Services Invoices form (Attachment G2) which must be completely filled out. II. The Monthly Contract Invoice Cover Sheet Form (Attachment G3) which provides a summary of the total number of sites managed in the following categories: A. Number of sites actively administered under the Preapproval Program (PA) B. Number of sites actively administered under the State Cleanup Program (SCU) C. Number of sites actively administered under the Preapproved Advance Cleanup Program (PAC); D. Number of sites actively administered under the Petroleum Cleanup Participation Program (PCPP); E. Number of sites actively administered under the Pay for Performance Program (PFP); F. Number of sites actively administered under the Free Product Recovery Initiative (FP); G. Number of sites actively administered under the Voluntary Cleanup category (VC); H. Total number of sites actively administered under the Non-Program category (NP): 1. Number of Sites issued Warning Letters (WL); 2. Number of Sites referred to the District for Enforcement (ENF); I. Number of sites that received No Further Action Status (NFA), No Further Action with Conditions Agreement (NFAC), Site Rehabilitation's Completion Order (SRCO) or Site Rehabilitation's Completion Order with Conditions Agreement. III. The Site Report Spreadsheet form (Attachment G4) which details all activities conducted under W' Contract for each site managed, and shall include the following information: ~ The Facility Identification Number Site Name Site Manager Name Cleanup Phase Comments / Status of Site information for each of these sites must then be subdivided into the following categories: DEP Contract No. GC623, Attachment Gl, Page 1 of 1 A. Preapproval Program, (PA) B. State Cleanup Program, (SCU) C. Preapproved Advance Cleanup Program, (PAC) D. Petroleum Cleanup Participation Program, (PCPP) E. Pay for performance Program, (PFP) F. Free Product Recovery Initiative, (FP) G. Voluntary Cleanup category, (VC) H. Non-Program category, (NP) I. Non-Program Sites Issued Warning Letters (WL) J. Non-Program Sites referred to the District for Enforcement (ENF) K. No Further Action Status, (NFA), No Further Action with Conditions Agreement, (NFAC), Site Rehabilitation's Completion Order, (SRCO) or Site Rehabilitation's Completion Order with Conditions Agreement The Contractor must submit an original invoice package by mail and also send the information by electr mail to the FDEP Contract Manager. i N0.~ JUN 2 2001' cc No. Contract No. A~tachment G2 coNTRACTUAL SERVICES INVOICE Task No. Date P~riod of S~vicc Site Name, City, County _ rendor: FEID No. _ Telephone:_ Agent:_ Bill To: Department of Environmental Protection Bureau of Petroleum Storage Systems 2600 Blair Stone Road Tallahassce, FL 32399-2400 Contractor ~Use: Fixed Price: 1. Contract/Task Amount ............. $ 2. Less Previously Invoiced ........... _ .3. Invoice Total ............................. - Cost Plus: 1. Contract/Task Amount ............. $_ 2. Less Previously Invoiced ........... 3. Invoice Total ............................. -- · DEP Use: 1. Date Invoice Received 2. Date(s) Services Rendered 3. Date Services Approved 4. performance Certified Satisfactory Project Manager Signature 5. Approval Cost Center Administrator Signature :Date Date 6. Final Invoice: YES NO 7. If Final Invoice: Bureau Chief Level or Higher Signature Date A~o~-hrnent G2. Pa~e 1 of I County Name: Attachment G3 Monthly Contract Invoice Cover Sheet Form Date: Task Assignment Number: Total Sites Assigned to County according to Task Assignment: Invoice Period: From To Sites Reported in Previous Invoices: Number of Sites Sites for Current Task and Month A. Preapproval Program (PA) Sites B. State Cleanup Program (SCU) Sites C. Preapproval Advance Cleanup Program (PAC) Sites D. Petroleum Cleanup Preapproval Program (PCPP) Sites E. Pay For Performance Program (PFP) Sites F. Free Product Recovery Initiative (FP) Sites G. Voluntary Cleanup (VC) Sites He Total Non-Program (NP) Sites A. Sites Issued Warning Letters (WL) B. Sites referred to the District for Enforcement (ENF) I. No Further Action (NFA) with/without Conditions /Site Rehabilitation Completion Order (SRCO) with/without Conditions TOTAL ACTIVE SITES WORKED ON · The Contractor must submit an original invoice package by mail and also send the information by electronic mail to the FDEP Contract Manager. ** Attach backup for each category above. .- , .... *** For Site to count Site Manager's name must be in PCT and consultant MUST :,,~ ye contacted, i JUN 2 $ 200I DEP Contract No. GC623, Attachment G3, Page I of 1 0 ~ o o ~ c~ ATTACHMENT H SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreemenO may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring pr. ocedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB · Circular A-133, as revised. l. in the event that the recipient expends $300,000'or more in Federal awards in i*.s fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with thc guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, aa revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, aa revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the interact at http ://aspe.os.dhhs.gov/cfd. q. PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. I. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, through th ~q-~ rt.. --~- ~-~L~'r · Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded J JUN 2 6 2001 DEP Contract No. GC623, Attachment H, Page 1 of 5 [,PG... Environmental Protection by.this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from conside, ration. 2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance x~ith the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office located at http://sun6.dms.state.fl.us/fsa~ for assi~ance. In addition to the above website, the following websites may be accessed for information: Legislature's Website hrcp://www.leg.state.fl.us/., Governor's Website h_ttp://www.flgov.com/., Department of Banking and Finance's Website http://x~vw.dbf, state.fl.us/aadir/FSAAlndex.html, and the Auditor General's Website http://sun6.dms.state.fl.us/audeen- PART III: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m). Florida Statutes. State agencies may conduct or arrange for audits of State mvards that are in addition to audits conducted in accordance with Section 215.97,. Florida Statutes. In such an event, the state agency must arrange for funding the full cost of such additional audits. This part ,vould be used to specify any additional attdit requirements imposed by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State lm~s and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Grace Rivera, Project Manager Department of Environmental Protection Bureau of Petroleum Storage Systems 2600 Blair Stone Road, MS# 4535 Tallahassee, Florida 32399-2400 Bo Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 DEP Contract No. GC623, Attachment H, Page 2 of 5 2t/ 2001 o? ff C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A- 133, as revised. Pursuant to Section .320(f), OMB Circula~ A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Grace Rivera, Project Manager Department of Environmental Protection Bureau of Petroleum Storage Systems 2600 Blair Stone Road, MS# 4535 Tailahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Copies of reporting packages required by pART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Grace Rivera, Project Manager Department of Environmental Protection Bureau of Petroleum Storage Systems 2600 Blair Stone Road, MS# 4535 Tallahassee, Florida 32399-2400 Audit Director Florida Department of Environmental' Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Copies of reports or management letters required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Grace Rivera, Project Manager Department of Environmental Protection Bureau of Petroleum Storage Systems 2600 Blair Stone Road, MS# 4535 Tailahassee, Florida 32399-2400 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 DEP Contract No. GC623, Attachment H, Page 3 of 5 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules'of the Auditor General, as applicable. 6. Recipients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. pART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection or its designee, upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GC623, Attachment H, Page 4 of $ E 0 Attachment I Administrative Performance Criteria Local Program County The performance evaluation of the Local Program Contract will be based on a composite of the following two (2) areas of responsibility. 1. Data entry into the Petroleum Contamination Tracking (PCT) databases and delivery of copies of all documents and correspondence to DEP files. a. A site manager name must be entered into PCT after receiving the Contractor Designation Form (CDF) from the Deparunent. b. All data entry must be done within thirty (30) calendar days of receipt of information or approval of a document by the Contractor. c. Originals or scanable copies of all documents and correspondence must be sent to the DEP central file within sixty (60) calendar days of receipt or initiation. All correspondence or documents pertaining to a site need to include the DEP Facility ID number. d. The Contractor shall ensure that a DEP Facility ID number has been. assigned prior to beginning work. Contract invoices will not be accepted for non-registered sites. Program and Non-Program Timeliness a. For Program sites send a letter requesting a proposal from the consultant within two (2) weeks of receiving Contractor Designation Form from the Department. For Non-Program sites the site manager name must be entered in PCT and letter sent to responsible party requesting compliance with Chapter 62-770: F.A.C., in accordance with Attachment D. b. Initiate Work Order negotiation within two (2) weeks of receipt of a work order proposal. c. Prepare or Negotiate Change Order within two (2) weeks of a change order proposal request. d. Process and forward to the Department within five (5) days of receipt by the contractor of any cleanup preapproval invoice. e. Review of deliverables and response to applicable parties, such as CARs, RAPs, o&M status reports initiated within the timeframes established in 62-770: F.A.C. f. Review of deliverables and responses to applicable parties not addressed , in 62-770. F.A.C., shall be conducted within sixty (60) days uj-.-~(~.,.,,,~j:,~ YT~, t~ JUN 2 Z[lOi ATTACHMENT J GUIDANCE DOCUMENTS Guidance Documents Procedures Memos include but are not limited too: Petroleum Cleanup Preapproval Program Standard Operating Procedures Chapter 62-770 F.A.C. Petroleum Contamination Site Cleanup Criteria Contractor Designation / Point of Contact Designation Petroleum Cleanup Preapproval Program Templates Free Product Recovery Initiative Guidance on Site Assessment and Supplemental Assessment Report Preparation for Petroleum Preapproval Sites New Soil Sampling Procedures and Recommended EPA Methods (per USEPA SW-846) Interim Guidance for Laboratory Analyses of Soil Samples for Petroleum Contamination Site Assessments Chapter 62-770, F.A.C. Table IV Interpretation Chapter 62-770, F.A.C., Analytical Methods For Liquid Samples Some Points To Consider During Evaluation of Analytical Data Institutional Control Guidance Document Monitoring Well Construction Specifications and Related Issues Interested Parties Summary Contamination Assessment Review Guidelines Remedial Action Plan Guidelines: BPSS-1 through BPSS-I 1 Guidelines for Assessment and Source Removal of Petroleum Contaminated Soil Manuals: ~-~.roleum Cleanup Preapproval Program Standard Operating Procedures ante Manual for Review of Petroleum Remedial Action Plans ~.. celopment of Soil Cleanup Target Levels (SCTLs) For ChaPter 62-777, F.A.C. Preapproval Umbrella Contract (DEP Contract No. PUC-001 & PUC-002) Matrix I - Key Model Information Computer Disk Information_ Order Letters Injection Letters Institutional Control Guidance Document Invoice Return Letter Site Access Form Site Inspection Form PE & PG Certification Forms Site Assessment Summary RAP Checklist Utility Transfer 10% Spreadsheet Well Sampling Spreadsheet Regular Retainage Work Order PUC Work Order Template Cost Worksheet Template Invoice Verbal Authorization Form http://www.dep.state.fl, us/dwm/programs/pcp DEP Contract No. GC623, Attachment J, Page 1 of 1 ocuments and forms for the Petroleum Cleanup Program can also be found on the Web Page: Attachment K Contracted Local Cleanup Program Non Program Site Management Procedures (Counties Without Significant Non-Compliant (SNC-A) Contracts) The following are procedures to be taken for management of ineligible sites by the Contractor. In order to assure and validate that these procedures are consistently followed, it will be necessary for the Contractor to establish a tracking system of the actions taken on ineligible sites and the dates those actions were taken. 1. Within ten (10) days of receipt of a new Discharge Report Form (DRF), send out :letter one (1) (or letter three (3)) for Bureau of Emergency Response (BER) referral site). 2. Within ten (10) days following due date for Site Assessment Report (SAR) initiation confirmation letter, send out letter two (2) if confirmation letter is not received. 3. If a response to letter two (2) is not received within ten (10) days of due date, refer site to the DEP District for enforcement action. Track due date for SAR and if SAR is not received by the due date (two hundred seventy (270) days after letter one (1) date), send out warning letter within ten (I0) days. 5. If the warning letter on SAR due date is not responded to within ten (10) days, refer site to the DEP District for enforcement action. Review SAR within sixty (60) days of receipt, approve or issue comments, and record dates of receipt and comments or approval. Track due date for SAR Addendum if applicable. If applicable, review SAR Addendum within sixty (60) days of receipt. Record date of SAR Approval letter. If applicable track due date for Remedial Action Plan (RAP) (ninety (90) days after SAR approval date) and issue warning letter within ten (10) days of due date if the RAP is not received. 8. Review RAP within sixty (60) days of receipt and issue comments or RAP Approval Order. Track due date for RAP Addendum if applicable. DEP Contract No. GC623, Attachment K, Page I of 2 If applicable, review RAP Addendum within sixty (60) days of receipt and issue comments or Approval Order. I JUN 2 6 2001 9. Record date of RAP Approval and due date for system starmp (one hundred' twenty (120) days from RAP approval date). 10. Review stares reports within thirty (30) days of receipt and issue comments or acceptance letter. Record dates of receipt and comments or approval. 11. Review RAP Modification proposals within sixty (60) days of receipt and issue approval or comments. Record dates of receipt and comments or approval. 12. Review post-remediation monitoring proposal within sixty (60) days of receipt and issue comments or approval. Record 'dates of receipt and comments or approval. 13. Review Site Rehabilitation Completion Order SRCO within sixty (60) days of receipt ,and issue comments or SRCO Order. Record dates of receipt and comments or approval. DEP Contract No. GC623, Attachment K, Page 2 of 2 A~WOA ' ST~-~----" NO.~ JUN 2 G 200I EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 20-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 20-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 23 accounts that have paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $148.50, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 23 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 23 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. JUN 2 6 2001 Prepared by: Reviewed by: Pam Cal.,IJ~, Revenue Supervisor Solid/~aste Man/¥ement Department /'l'er'e~a A. Riesen, Collections Reve Manager Solid Waste Management Department Reviewed by: ~'-"'"~~ ~ ~ G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. D~ ~~epartment Approved by: Jame~ V Mudd, P ~, Administrator Public Utilities Division Date: Date: JUN 2 6 2001 t._~: ~ I 8 9 I0 11 '12 13 14 15 16 17 15 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 20-237 authorizing the recording of notices of liens for the delinquent solidwaste collection and disposal services special assessments for 1996; and WHEREAS, Resolution No. 20-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 20- 236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 482 Account No. 592 Account No. 1517 Account No. 2464 Account No. 2752 Account No. 4970 Account No. 5607 Account No. 9894 Account No. 10168 Account No. 10171 Account No. 10964 Account No. 11594 Account No. 12328 Account No. 17381 1 Account No. 18270 2 Account No. 18979 3 Account No. 27083 4 Account No. 28312 5 Account No. 28639 6 Account No. 30407 7 Account No. 31037 8 Account No. 31451 9 Account No. 32269 10 ll 12 This Resolution adopted after this __ 13 motion, second and majority vote. 14 .15 16 DATED: 17 ATTEST: 18 DWIGftT E. BROCK, CLERK 19 20 21 22 23 24 Approved as to form and 25 legal sufficiency: 2~jv David C. Weigel 30 County Attorney 31 32 33 34 35 36 37 38 39 40 day of , 2001, after BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman JUN 2 G 2001 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT OF $55,600 TO FUND THE 2001 WATER, WASTEWATER AND REUSE RATE STUDY FOR PUBLIC UTILITIES OBJECTIVE: That the Board of County Commissioners authorize a budget amendment for Utilities Engineering services provided by Greeley and Hansen under contract #00-3119, dated April 10, 2001. Greeley and Hansen is being requested to research Collier County's water, wastewater and reuse revenue and cost structure. They will complete a rate study and recommend a level of monthly rates to meet revenue requirements. CONSIDERATION: The Collier County Water-Sewer District's monthly user fee rates for water and sewer were adopted in late 1997 as Ordinance 97-48. These rates were based on a rate study performed by John A. Mayer Associates. John A. Mayer Associates was retained to review the current level of revenues versus expenditures and recommend water and sewer utility rates. In May, 2000, Ordinance 2000-34 was adopted, which ~vas the amended ordinance updating water, wastewater and effluent user rates provided in Ordinance 97-48. The amendment had the impact of slightly reducing the water bill for single family residential customers; a change of less than 1%. The impact on multi-family customers was a decrease of approximately 20%. Sewer rates decreased by $.02 per thousand gallons. Again, multi-family customers benefited to a greater degree. This was due to a change in the cap of 10,000 gallons "per dwelling unit" basis to a "meter size" basis like all other customers. In 2001, Greeley and Hansen have been engaged to research Collier County's water, wastewater and reuse rates once again in light of the impact of water restrictions and the heavy use of water during the dry season. In addition, the adoption of Government Accounting Standards Board 34 (GASB 34) requirements to track the status and aging of fixed water and sewer assets has necessitated the guidance of external consultants. FISCAL IMPACT: A budget amendment in the amount of $55,600 will be needed to transfer funds from the Water-Sewer Operating reserves to the Operations Department budget. The source of funds is the water/waste water user fees. GROWTH MANAGEMENT IMPACT: Appropriate user rates are required for the provision of water, sewer and reuse services, associated debt obligations and ?pital facility renewal/replacement planning and funding. //'.t ,JUN 2 6 2001 RECOMMENDATION: It is recommended that the Board of County Commissioners, as Ex-Officio governing board of the Collier Water-Sewer District approve the necessary budget amendment in the amount of $55,600 for services provided by Greeley and Hansen Engineers. SUBMITTED BY: REVIEWED BY: ~,~ _John'Yo~i~a,sky, D/,~ctor Utility Billing '~~~~ Date: Thomas G. Wides, Operations Director APPROVED BY: JUN 262~!/ EXECUTIVE SUMMARY REQUEST APPROVAL OF THE ASSOCIATED BUDGET AMENDMENT FOR BUILDING IMPROVEMENTS AND TO CORRECT SAFETY ISSUES FOR THE NAPLES LANDFILL SCALE HOUSE. OBJECTIVE: To ensure that working conditions and safety issues meet OSHA Code of Federal Regulations 1910. CONSIDERATION: The Solid Waste Management Department is responsible for the operation and maintenance of the scales at the Naples Landfill and Immokalee Landfill. The safety issues to be corrected are as follows: · Handrails need to be installed on each side of the scales to protect customers and employees from a four to five foot drop from the scale to the ground. · Tire rails need to be moved closer to the scale to close a seven inch gap that now runs the length of the scales. This gap is large enough for a persons' foot to slip into and cause injury. · Traffic signs and lights need to be installed to direct the flow of traffic within the landfill. The signs will help customers find the proper location to unload their waste. Traffic control lights will safely direct traffic on and off of the scales. Due to the continuous growth in the County, there has been an increase of customers coming into the landfill. This increase has made it necessary to keep two full time employees in the Naples Scale House. Building improvements need to be made to create space for two work stations to operate each scale simultaneously. The improvements will double the speed of weighing the trucks, and ensure that scale house operations meet OSHA Code of Federal Regulations 1910. FISCAL IMPACT: Funds are available within the solid Waste Disposal Fund. A budget amendment in the amount of $20,000 will be necessary to move the monies from Operations to Capital Outlay. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approve the associated budget amendment for Scale House Improvements and to correct safety issues at the Naples Landfill Scale House. JUN 2 6 2001 'G-~y R. ~f'or0ccol Revenue Supervisor Solid Waste Management Department REVIEWED BY: Michael Dock, Sr Rink Mgmt Analyst Risk Management Department REVIEWED BY: ! G. George Yilmaz, Ph.D., P.E., P.H., REP. / / Director, Solid Waste Management Department APPROVED B J~'r~es V. Mudd, P.E., Administ/'ator Public Utilities Division Date: JUN 26 200 EXECUTIVE SUMMARY APPROVE A CONSTRUCTION WORK ORDER FOR THE RELOCATION OF WATER AND SEWER MAINS RELATED TO THE FLORIDA DEPARTMENT OF TRANSPORTATION'S WIDENING OF U. S. 41 FROM RATTLESNAKE HAMMOCK ROAD TO BAREFOOT WILLIAMS ROAD, PROJECTS 70045 AND 73045 OBJECTIVE: To minimize disruptions to water and sewer service associated with the timely construction of this important road improvement project. CONSIDERATIONS: The Florida Department of Transportation (FDOT) is planning to widen U.S. 41 between Rattlesnake Hammock Road and Barefoot Williams Road. Collier County has underground water and wastewater facilities that will require relocation to accommodate the road widening project. On February 13, 2001 the Board approved a work order for design of the relocations (Agenda Item 16-C-3). On March 13, 2001 the Board approved a Resolution to authorize the Public Utilities Administrator to execute a Utility Work Agreement with the FDOT for the relocation of County facilities (Agenda Item 16-C-3). The Utility Relocation Schedule, required under the Utility Work Agreement, requires that the work be performed more quickly than the normal bidding process would allow. 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, b and 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 June 8, 2001 staff received cost proposals from the four contractors under contract for "Underground Utility Contracting Services." The proposals included a cost for the water relocations, a cost for the sewer relocations, and a deduction amount if one contractor was selected to do both the water and the sewer relocations. The proposal amounts were as follows: Florida State Underground, Inc. Douglas N. Higgins, Inc. Kyle Construction, Inc. Mitchell and Stark Construction Company, Inc. Water (W) Sewer(S) Deduct Amt. Total For Relocates Relocates For W & S W & S $206,269.60 $142,262.73 $15,000.00 $333,532.33 $227,103.00 $188,280.00 $ 5,000.00 $410,383.00 $257,674.00 $218,539.00 $ 0.00 $476,218.00 $319,250.00 $184,249.00 $ 5,000.00 $498,499.00 JUN 2 2001 Executive Summary Approve Work Order Page 2 Staff proposes to issue Work Order WD-079 to Florida State Underground, Inc. in the amount of $333,532.33 for construction of the water and sewer relocations. The deduction amount will be split equally between water and sewer. FISCAL IMPACT: Funds totaling $333,532.33 are needed for this work order. Funds in the amount of $198,769.60 are available from County Water Capital Projects and funds in the amount of $134,762.73 are available from County Sewer Capital Projects. The sources of both funds are user fees. GROWTH MANAGEMENT IMPACT: This project involves the relocation of existing utility facilities and will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, waive the formal statutory and County purchasing policy requirements for formal competition, approve, and authorize the Public Utilities Administrator to execute Work Order WD-079 in the amount of $333,532.33 to Florida State Underground, Inc. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ronald F. Dillard, P.E., Project)Manager Public Utilities Engineering Department · Anderson, P.E., Director Public Utilities Engineering Department ~ C~ell, Purchasing Director P/~ul Mattausch~or Cheatham, Wastewater Director Administrator DATE: ~ -['?-EP/ __ DATE: DATE: DATE: DATE: (o.-12. a I DATE: JUN 2 6 2001 EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA QBJEC_TJ~LE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CON.~II~I::RATION. Authorize the filing of Liens, for the purpose of receiving compensation for nuisance of abatement on the real property described as follows: SEE EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is approximately $168.00 and will be charged to MSTD General Fund - Code Enforcement Admin. GROWTH MANAGI=MI=NT IMPACT: There is no Growth Management impact associated with these items. RF~OMMI~NI3ATIC)N: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Liens documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Prepared by: Pam C)~tfis,'Revenue Supervisor Solid~/Vaste Management Depart~nent .ev,e e ~r~s~ A. Rie~en, Collections Revenue Manager Solid Waste Management Depa~ment Reviewed by: ~ ~ G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department ~es V. Mudd, p.F:., Administrator Public Utilities Division Date: Date: JUN 2 G 2001 EXHIBIT "A" 1. M. Buttazzoni, Folio #62410240003, Lot 10, Blk 2, Naples Park, Unit 1 2. Philip Carlton Jr, Folio #64920800009 and 64920880003, Palm Estates, N 82FT of S 118FT of Lot 2, N 85FT of S 11 OFT of Lot 7, S 15FT of Lot 10, Lot 11, Lot 14 3. Jeffery L & Lisa M. Crawford, Folio #36000800009, Lot 12, Blk 101, Golden Gate Estates, Unit 3 4. Marlene Eguizabal and Casimiro, Folio #57867160000, Lot 22, Blk 341, Marco Beach, Unit Ten 5. Marlene Eguizabal and Casimiro Eguizabal, Folio #57867160000, Lot 22, Blk 341, Marco Beach, Unit Ten 6. Marlene Eguizabal & Casimiro Eguizabal, Folio #57867160000, Lot 22, Blk 341, Unit Ten, Marco Beach 7. Marlene Eguizabal & Casimiro Eguizabal, Folio #57867160000, Lot 22, Blk 341, Unit Ten, Marco Beach 8. Marlene & Casimiro Eguizabal, Folio #57867160000, Lot 22, Blk 341, Unit Ten, Marco Beach 9. Goodman, Sam, Folio #55700280007, Lot 7, Linda Park 10. Goodman, Sam, Folio #55700160004, Lot 4, Linda Park 11. Goodman, Sam, Folio #55700240005, Lot 6, Linda Park 12. Goodman, Sam, Folio #55700200003, Lot 5, Linda Park 13. Goodman, Sam, Folio #55700360008, Lot 9, Linda Park 14. Goodman, Sam, Folio #55700400007, Lot 10, Linda Park 15. Goodman, Sam, Folio #55700320006, Lot 8, Linda Park 16. Goodman, Sam, Folio #55700440009, Lot 11, Linda Park 17. Maney, Thomas P & Lori S, Folio #57737560002, Lot 4, Blk 280, Unit 8, Marco Beach ~,~ ~DA IT£~ M0. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Miralles, Alfredo & Miradis, Folio #66882200004, Lot 17, Blk C, Pinecrest Subdivision Kelly Ann Mohn and James O Mohn II, Folio #62256640003, Lot 1, Blk 8, Naples Manor Lakes Alfredo L Ramirez and Anne C Ramirez, Folio #36242840005, Lot 16, Blk 169, Unit 5, Golden Gate Alfredo L. & Anne C. Ramirez, Folio #36242840005, Lot 16, Blk 169, Unit 5, Golden Gate Alfred L, & Anne C. Ramirez, Folio #36242840005, Lot 16, Blk 169, Unit 5, Golden Gate Alfredo L & Anne C Ramirez, Folio #36242840005, Lot 16, Blk 169, Unit 5, Golden Gate Alfredo L Ramirez and Anne C Ramirez, Folio #36242840005, Lot 16, Blk 169, Unit 5, Golden Gate Alfredo L Ramirez and Anne C Ramirez, Folio #36242840005, Lot 16, Blk 169, Unit 5, Golden Gate Alfredo L Ramirez and Anne C Ramirez, Folio #36242840005, Lot 16, Blk 169, Unit 5, Golden Gate Gary Rookstool and Eleanor Porras, Folio #62265480005, Lot 5, Blk 16, Naples Manor Lakes Gary Rookstool and Eleanor Porras, Folio #62265480005, Lot 5, Blk 16, Naples Manor Lakes Z. J. European Investmems, Inc., A Florida Corporation, Folio #36441400000, East 30 feet of Lot 9, Blk 243, Golden Gate, Unit 7 EXECUTIVE SUMMARY REQUEST APPROVAL TO WAIVE FORMAL COMPETITION AND APPROVE PURCHASE OF CAROLINA SOFTWARE FOR LANDFILL SCALEHOUSE OPERATIONS AND APPROVE ASSOCIATED BUDGET AMENDMENT. OBJECTIVE: To ensure the future effective and efficient operation of County landfills through the use of current technology in software. CONSIDERATION: The Solid Waste Management Department is responsible for the operation and maintenance of the County's scalehouse operations at the Naples Landfill and Immokalee Landfill. The current landfill software system is more than a decade old. It is a DOS operating system and is fully supported by the vendor. It does not interface with any County software and when there is a problem with the software or computers, we must wait for the vendor's technician to make a service call. This dependence on one company severely limits our operation and capabilities. Staff's goal was to find a software application that would meet current and future needs, increase the speed of weighing trucks, interface with the Financial Management System, provide a billing system using a windows operating system and scale auditing. A detailed justification of the process used to search for vendors is attached for review (Exhibit I). Staff determined that the Carolina Software system best meets the needs of the Solid Waste Department. The cost of the Carolina Software is $25,000. Extra training for staff to learn the new system is estimated at $2,100, interface with the Finance Department system is $1,500. Support and software updates will be $1,800 for this year. Hardware is estimated at $21,000 to be purchased from Dell, as well as miscellaneous hardware to be purchased from other state contracted and local vendors. Staff is allowing $11,500 contingency to cover any problems that may arise with the software that would not be covered under the maintenance contract, such as customized interfaces, bringing the total cost for the new system to $67,150. There is $32,900 currently available under Data Processing Equipment. FISCAL IMPACT: Funds are available within the Solid Waste Disposal Fund. A budget amendment in the amount of $30,000.00 will be necessary to move monies from Operations to Capital Outlay. GROVVTH MANAGEMENT IMPACT: associated with this item. There is no Growth Manag_.e~ ct AGF..NO ~, tTi~.M - RECOMMENDATION: That the Board of County Commissioners waive formal competition (Exhibit I) and approve the purchase of Carolina Software for landfill scalehouse operations, and approve associated budget amendment. SUBMITTED BY: Ga"r~. Mo~co, Revenue SuperVisor Solid Waste Management Department REVIEWED BY: ~--'--"~ -- Date: G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department REVIEWED BY: Steph~n Y. C'arnell, Director Purchasing/General SerVices Department Jame~V Mud , , Public Utilities Administrator Date: A~m~A LTE# . N0..~_.~...~ JUN 2 6 2001 EXHIBIT I Software Assessment Conducted by Information Technology Department The current landfill software system is more than a decade old. It is installed on PC's that are running a DOS operating system and is fully supported by the vendor. The goal was to find a software application that will meet current and future needs of the landfill such as but not limited to transfer site automated billing, unattended lane automation, electronic interface with the Financial Management System, 32-bit billing system using a windows operating system and scale auditing. The process in which we used to search for vendors who could meet these recommendations consisted of the following: · Internet Research. Searched on the Internet to find a landfill billing system in addition to Carolina Software that we have seen in other counties during site visits. We found 3 other companies that handle landfill billing. Those companies were ISI, ASl and Paradigm. ISl responded to some questions but did not respond when requested additional information on 2 occasions. ASI had no contact information on their website and therefore I could not contact them but from the brief information on their site they can't meet our needs. Paradigm responded back via e-mail to questions and sent an informational package but they do not have an integrated financial package with NR and A/P, you do have the option to purchase a 3rd party software for those functions. · Calls to Waste Management owned sites. Called Waste Management office to get a list of landfills to call and see what types of billing systems they were using. I called Okeechobee, Medley, North Florida region and Central Florida region. All of these sites and a good majority of other Waste Management owned sites use an internally developed IBM application that runs from the corporate office. · Calls and e-mails to surrounding county agencies to see what their landfill systems are. Called Manatee County, Clay County Environmental Service, Columbia County, Charlotte County, Monroe County, Lee County, Oskaloosa County, Orange County, and Dade County. Some counties that I contacted did not contact me back by e-mail or by phone, some counties contacted me and they were using Carolina Software and 2 others were using Paradigm. One of Paradigm's contacts told me Paradigm did not have unattended scale at this time, this contact only used their software as a management tool not for billing. The other .0._ /~ (' /~ JUN 2 6 2.001 contact stated they had the system for a little over a year and they have had no problems with the system or the vendor. Viewed CD Demo of Paradigm software. Viewed CD Demo of Carolina Software software. Called Carolina Software in for a demo and then went to site visits in Ft. Myers. We believe that this system will best meet our needs. Carolina Software has over 900+ installations of their software at landfills in Canada, the US and the Cayman Islands. It is our intention to purchase WasteWorks and WasteWatchman in FY01. Six months after the system is installed and the users are comfortable with the system we will have the interface to Finance created and implemented. In FY02 we will purchase a few of the WasteWalkman's, these are remote handheld with portable printer units that can be used at transfer stations that do not have scales, these can also be used during the Hurricane season should we need to open the land fill for clean-up. We will also purchase the WasteWizard, which is the unattended lane piece of this software program. The Florida Counties that I contacted did not go through a competitive bid or if they did it was more than 5 years ago. Tammy L. Smith, Business Systems Analyst II Information Technology Department 'April 26, 2001 JUN 2 6 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE '1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 7 accounts that have been paid in full for the 1992 Solid Waste 'Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $48.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 7 Satisfaction of Liens on the account listed in the Resolution and authorizing the Chairman to sign these 7 Satisfaction of Liens for the 1992 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Reviewed by: Approved by: Pam Ca~, Revenue-Supervisor //~t. ~S°lid~L~'~aste Mana2~ment Departmerrt Solid Waste Management Department G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Direct~.,.,Solid W~~,~~ste Management Department /1 J~ .E., Ad 'nistrator Public Utilities Division Date: ~ ~ ~'~ ~ Date: Date: ~'//3//~ ~ 2001 6 7 8 9 10 RESOLUTION NO. 2001 - A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 11 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the 12 Board of County Commissioners On September 19, 1994 adopted Resolution No. 13 94-668 authorizing the recording of notices of liens for the delinquent solid waste ]4 collection and disposal services special assessments for 1992; and 15 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board 16 to approve by Resolution and record in the Official Records a Satisfaction of Lien on i? all accounts that have been paid in full. 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 19 COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as 20 amended, the Board recognizes full payment and receipt of the 1992 Service Year 21 Solid Waste Collection and Disposal Special Assessment for the following accounts 22 numbered below, subsequent to the adoption of Resolution NO. 94-668, whereupon 23 a lien had been recorded on real property per~ining to the accounts identified 24 herein. The Satisfactions of Lien attached hereto referencing the accounts 25 identified herein are hereby approved and the Chairman is hereby authorized to 26 sign on behalf of the Board of County Commissioners, and the Clerk is directed to 27 record this Resolution and these Satisfactions of Lien individually in the official 28 records of Collier County: 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Account No. 8604 Account No. 22208 Account NO. 36207 Account NO. 55000 Account No. 82057 Account No. 85656 Account No. 136055 This Resolution adopted this second and majority vote. 43 44 ATTEST: 45 DWIGHT E. BROCK, CLERK 46 47 48 49 Approved as to form and 5o le~nl--e~ cie n cv.]........_~ County Attorney day of ,2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman JUN 2. 6 001 ] EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 20-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 20-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30~ as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 19 accounts that have paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $124.50, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 19 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 19 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Reviewed by: Pam Cal~, Revenue Supervisor Solid~/'aste Ma,~gement Departme~nt T,~re/s~ A. Ries'en, Collections Revenue Manage Solid Waste Management Department G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Directo. g~.,_S, olid Waste Management Department Jar~s V. Mudd, P.E., Administrator Public Utilities Division Date: ~"_-~'~C-~,~ \, Date: Date: Date: ~//~'/,~///~/ AGENDA ITEM NO. JUN 2 6 2001 PGo ~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 '2 ,3 45 RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF I.I'ENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as mended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 20-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 20-236, waz recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special azsessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, az amended the Board recognizes fidl payment and receipt of the 1995 Service Year Solid Wazte Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 20-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified her~in are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioncm, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account .No. 712 Account No. 1821 Account No. 2451 Account No. 2684 Account No. 2781 Account No. 5319 Account No. 5542 Account No. 9441 Account No. 10281 Account No. 10715 Account No. 11316 Account No. 16421 Account No. 17051 Account No. 17336 Account No. 22907 Account No. 24536 AGE" I I Jo, 2oo I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 Account No. 26589 Account No. 27766 Account No. 28532 This R~solution adopted this second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to tom and legal sufficiency: David C. Weigel County Attorney day of ,2001 aRer motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY' James D. Carter, PH. D, Chairman EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 9 accounts that have. paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $60.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 9 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 9 Satisfaction of Liens for the 1994 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Reviewed by: Approved by: Pam Callis, ~'venue Supervisor Solid Was~ Management Department ~erE~a./A. I~e~en, Collections Revenue Manager Solid Waste Management Department G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Director, Solid Waste Management Department Jar~e"s V. Mudd, P.E., Administrator Public Utilities Division Date: Date: Date: Date: 1 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 36 37 38 39 4O RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 589 Account No. 2037 Account No. 2749 Account No. 3285 Account No. 3366 Account No. 4064 Account No. 5898 Account No. 10294 Account No. 27339 This Resolution adopted this __ second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK 41 42 43 Approved as to form and David CYWeigel 47 County Afforney day of , 2001, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, PH. D, Chairman AGE#OA IT£# JUN 2 6 2001 laG. ..~ . EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 7 accounts that have paid in full for the 1993 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens and the Resolution is approximately $48.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 7 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 7 Satisfaction of Liens for the 1993 Solid Waste Collection Services Special Assessment Liens. Prepared by: Reviewed by: Reviewed by: Pam CalliS~ Revenue Supervisor Solid V~. ste Management Department Te'reSa/'A. iesen, Collections Revenue Manager Solid Waste Management Department G. George Yilmaz, Ph.D., P.E., P.H., R.E.P. Approved by: ~~./,,Wa~.~ement Department J~C~s V. Mudd, P.E., Adrr~nistrator Public Utilities Division Date: Date: Date: Date: RESOLUTION NO. 2001- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 9 WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board ]0 of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 ]] authorizing the recording of notices of liens for the delinquent solid waste collection and ]2 disposal services special assessments for 1993; and ]3 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to ]4 approve by Resolution and record in the Official Records a Satisfaction of Lien on all ]5 accounts that have been paid in full. ]6 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ]7 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County ]8 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the ]9 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the 20 following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, 2] whereupon a lien had been recorded on real property pertaining to the accounts identified 22 herein. The Satisfactions of Lien attached hereto referencing the accounts identified 23 herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the 24 Board of County Commissioners, and the Clerk is directed to record this Resolution and 25 these Satisfactions of Lien individually in the official records of Collier County: 26 27 Account No. 1588 '~8 Account No. 4145 29 Account No. 6059 30 Account No. 11293 3] Account No. 17129 32 Account No. 26712 33 Account No. 28859 35 This Resolution adopted this __ day of , 2001, after motion, 36 second and majority vote. 37 38 42 BY: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 43 44 45 Approved as to form and 46 ~'ency: 4(~-' David ¢_.. Weigel ~o County Attorney James D. Carter, PH. D, Chairman JUN 2 6 2001 EXECUTIVE SUMMARY APPROVE ONE NEW POSITION WITHIN THE PUBLIC UTILITIES ENGINEERING DEPARTMENT- COMMUNICATION SYSTEMS MANAGER OBJECTIVE: To provide adequate staff to lead a comprehensive telemetry system for remote monitoring and control of water, sewer and reclaimed water facilities. CONSIDERATIONS: On February 9, 1999, agenda item 16(B)(8), the Board directed staff to work with consultants to develop a new program to meet the growing needs for telemetric monitoring and control of our water system. Progress has been slow because of a lack of adequate staff resources to lead the program. On January 11, 2000, agenda item 16(B)(6), the Board approved a work order for technical assistance in developing a comprehensive telemetry system for remote monitoring and control of water, sewer and reclaimed water facilities. The result of that work order is a "Needs Assessment Study" which provides a compilation of the various telemetric monitoring and control needs of both our water and wastewater departments. The next phase of the work is to plan, design, and initiate a comprehensive program. Primary objectives are to maximize cost competitiveness and improve reliability. Emphasis will be placed on a system which will reduce dependence on outside support, simplify demands placed on operations staff, reduce maintenance burden, increase availability of outside support and supply, and can be integrated with a fault-tolerant communications network. The Public Utilities Engineering Division has included in its 02 Budget request a telecommunications manager as an expanded position. The purpose of this immediate request is to fill this position early to spearhead this critical effort, which will benefit both the Water and Wastewater Departments. The position requested herein will undertake the capital projects and will provide improved coordination with communication efforts underway in the Water/Wastewater Departments. The combination of these positions will allow the Division to efficiently implement a SCADA (Supervisory Control and-Data Acquisition) program which will provide for more efficient and reliable operation of our water and wastewater plants and stations FISCAL IMPACT: Adequate funds are available in the Personal Services Account of the County Water/Sewer Operating Fund (408) for the proposed engineering services. A budget of $41,759 is proposed based on filling the position on July 1, 2001. GROWTH MANAGEMENT IMPACT: There is no direct impact to the Growth Management Plan. Indirectly, the additional staff will enhance the County's capability to operate and maintain our existing utility facilities and set the standards for new growth-related facilities AGENDA ITEM No. IL, C,...-~\ JUN 2 6 2001 Executive Summary Approve One New Position Page 2 RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve the hiring of one additional staff member for the Utilities Engineering Department and approve the necessary budget amendment. SUBMITTED BY: APPROVED BY: Ro~~ ~ DATE: ·Anderson, P.E., Director Public Utilities Engineering Department ~ ~ DATE: Jagne~V. Mudd, P.E., Administrfitor Public Utilities Division A?.~[ Ni~,A ITrt4 NO. . JUN 2 [ 3301 T.,,~,,,~ TI-alL Ealit ~ FL 34112 J ,,. AGENDA EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT TO COVER UNANTICIPATED EXPENSES IN THE WATER DISTRIBUTION COST CENTER OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the goveming Board of the Collier County Water District, approve a Budget Amendment for the Water Distribution Cost Center to cover unanticipated expenses that have been expended this year, leaving a shortfall in operating funds. CONSIDERATIONS: The Water Department has experienced a series of unanticipated damaged facilities and mechanical failures in the Tamiami Wellfield that provides 75% of the potable water source for the Collier County Water-Sewer District. Three major incidents have occurred that required immediate repairs that were unbudgeted, but had to be completed in order to ensure an adequate supply of potable water to the District. There have been two incidents of damage to telemetry lines that provide communication from the Wellfield to the South Regional Water Treatment Plant. Both incidents were associated with work being done by a Contractor performing road and drainage improvements for the Golden Gate Boulevard Project. In both instances the lines were improperly located. The third incident was failure of the Raw Water Booster Station which pumps water from the Tamiami Wellfield to the two treatment facilities. The failure was the result of a simultaneous power surge and a telemetry failure, and required extensive work on the four pumps and variable frequency drives essential to the operation of this facility. The total repair costs for these three incidents was $156,000. Water Distribution is responsible for the installation of water meters to connect new facilities to the System. During this fiscal year, the Board of County Commissioners directed that all new meters installed utilize the new radio read technology. When the Board of County Commissioners approved the current budget, the actual cost associated with the new radio read meters was unknown and an estimated cost was used. The actual cost after bidding was higher than the estimate. Additionally, it is projected that more meters will be installed during the current Fiscal Year than anticipated, resulting in an additional expenditure of $49,300, offset by an increase in revenue in a like amount. GROWTH MANAGEMENT IMPACT: There is no growth management impact in approving this budget amendment. FISCAL IMPACT: Funds in the amount of $205,300 are available in the County Water/Sewer Operating Funds. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the governing Board of the Collier County Water District, approve a Budget Amendment for the Water Distribution Cost Center to cover unanticipated expenses that have been expended during the Fiscal Year. Pamela Li~y, Distribution Supervisor REVIEWED BY: ~/~/~/~.~,'~ / P~ausch, Water Director Jafra/es V. Mudd, PE Public Works Administrator Consent A~enda JUN EXECUTIVE SUMMARY ACCEPT TITLE FROM COLLIER CULTURAL AND EDUCATIONAL CENTER, INC., TO PROPERTY TO BE USED FOR THE FUTURE "LELY AMPHITHEATER" OBJECTIVE: Accept title from Collier Cultural and Educational Center, Inc., to property to be utilized for the future "Lely Amphitheater". CONSIDERATION: As part of the Development Order for Lely Resort Community, Texas Industries, N.V., the developer, set aside 20 acres within the development to be used solely for community cultural and educational purposes. Subsequently, the developer donated the property to Collier Cultural and Education Center, Inc. (CCEC) f/k/a Collier Cultural Center, Inc., a Florida non- profit corporation, with the requirement that the property be used for such purposes by July 1995. CCEC was trying to attract a higher educational provider with no success, so the developer granted an extension until June 2000. CCEC made no further progress and has agreed to donate the property to Collier County with the same understanding that the property be used for community cultural and educational purposes. Provided you approve the transaction and accept title, the 20 acres will become the home of the "Lely Amphitheater". Plans tentatively include having the facility designed and constructed over the next two years. The transaction documents have been reviewed by the County Attorney's Office and are legally sufficient for acceptance by the Board. FISCAL IMPACT: "The total acquisition costs are estimated not to exceed $4,269.50, which include document recording, documentary stamps, an Environmental Assessment Audit, and Title Policy. Funds are available in the Unincorporated Community Regional Park Impact Fees (Fund 346), GROWTH MANAGEMENT: This transaction does not impact the County's Growth Management Plan. AGENDA ITEM JUN 2 6 2001 RECOMMENDATION: That the Board of County Commissioners: Approve and accept the Special Warranty Deed granted by Collier Cultural and Educational Center, Inc. (copy is attached for reference); 2. Authorize the Chairman to execute the Donation Agreement; and Authorize staff to proceed with the related real estate closing transaction and to record with the Clerk of Court the Special Warranty Deed, and appropriate documents to clear title in the Public Records of Collier County, Florida. SUBMITTED BY: Cindy M. E-'Cb, Real Property Specialist III Real Property Management Department REVIEW k~T\ ~ t 't~. T~q~ A~. M'"sttv, R"c,~tl ~ r'~p"~'rt'-~ .~,~pervisor Real Property Management Department Ci~'arle~ E. Carrin'gto~Jr.,t, SR/WA, Director Real Property Management Department chs, Jr., Admir~f'syat~r Public Services Division./ Date: APPROVED BY: AGENDA ITEM No JUN 2 6 200! Legal Descr/~n being a p~t of Tract "B', Lely Resort Phase Tw~, Plat Bo~ 18, pages 43- 45, ColLier ~, Florida 20 Acre Parcel Ail that part of Tract 'B' Lely Resort Phase Two, Plat Book .18, pages 43- 45 of the Public Records of Collier County, Florida, being mom particularly described as follows: Commencing at/he northwest comer of said Tract 'El'; thence along the north line of said Tract 'B' North 88'03'44' East 819.41 feet to the Point of Beginning of 20 acre parcel; thence continue along the north line of said Tract 'B' North 88'03°4,4'' East 849.69 feet to a point on the East line of said Tract thence along said line South 04'03'03' West 763.95 feet to the south line of said Tract thence along said line southwesterly 281.47 feet along the arc of a non-tangential c~rcular curve concave southeasterly having a radius of 1474.66 feet through a central angle of 10'56'05" and being subtended by a chord which bears South 60'31'05" West 281.05 feet;, thence continue along said soulh line South 55'03°03" West 786.19 feet · thence leaving said line North 04'03'03" East 1325.30 feet to the Point of Beginning; Subject to easements and restrictions of record. Containing 20 acres more or less. Bearings are based on the north line of Tract 'B' being North 88'03'44' East. Certificate of authorization f1~B-.43. WilsonMiller, tnc. Registered Engineers and Land Surveyors No-Tvatid unless embossed with the Professional's seal. AGENDA ITEM NO'~ UN 2 6 2001 AG£NDA)TEM J U I~ 2 6; 2001 Lely Resort, Tract B- 20 Acre Parcel Folio: 55425014008 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, following that Deed dated the 15~ day of December, 2000, recorded in Official Records Book 2821 Page 686 of the Collier County Public Records, made this ... //~ r-day of~ ~/wA ,.2001, by COLLIER CULTURAL AND EDUCATIONAL CENTER, iN COLLIER CULTURAL CENTER, INC., a Flodda non-profit corporation, (hereinafter called the Grantor), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post-office address is 3301 Tamiami Trail East, Naples, Flodda, 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 (hereinafter called the Property). Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TOGETHER with alt the tenements, hereditaments and belonging or in anywise appertaining. appurtenances thereto 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 WHEREOFi the~said Grantor has signed and sealed these presents the day and year first above written. WITNESSES: COLLIER CULTURAL AND EDUCATIONAL CENTER, INC. F/K/A ~4 ~',~ COLLIER CULTURAL CENTER, INC..a th Florida non-profit corporation, W. James Smith, Chairman Witness (Signature) Name: ~'~/~ itnoss (~i~nat~o) Name: ~ ~, (Print) AGENDA ITEM Nc) JUN 2 6 2OOi i STATE OF COUNTY OF The.~o. regoing Special Warranty Deed was acknowledged before me this /~ day of /~'P-- ,2001, by W, James Smith. Chairman, on behalf of Collier C-~ural and Educational Center, Inc. F/K/A Collier Cultural Center, Inc., a Flodda non-profit corporation, who is personally known to me ' ,. OFFICIAL NbTARYSEAL ! (Affix notarial sjeau WtOM~RmRoWN I INOr~V ~J"UC St^~ O~ ~O~.~^ I (Signature o[Nota Co~~o. cc~]~' ' I ~: ~,[..~slon Expires: Prepared by: ~ '~!d C. Weigel, Esquire :.~; of the County Attorney ..... J E;~st Tamiami Trail -':'?~s, Florida 33962 · -' ! 3) 774-8400 Approved for form and legal sufficiency with respect to Coll, ier County /~ ou ty Attorney~_~) .o. / / JUN 2 6 200! EXECUTIVE SUMMARY APPROVE A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND SPRINT FOR USE OF COUNTY-OWNED PROPERTY AT THE COCOHATCHEE RIVER PARK FOR A COMMUNICATIONS TOWER. OBJECTIVE: Approve a Lease Agreement between Collier County and Sprint for use of County-owned property at the Cocohatchee River Park for a communications tower. CONSIDERATIONS: Sprint has requested use of approximately nine hundred square feet of vacant County-owned property located at the Cocohatchee River Park located in North Naples. Sprint shall utilize the property for placement of a one hundred foot communications tower. In order to maintain the aesthetic integrity of the Cocohatchee River Park, the communications tower shall be concealed within a building shell, which shall resemble the County's existing building at the subject property. The Parks and Recreation staff shall work closely with Sprint in approving the design of the building shell. Pursuant to Florida Statute 125.35, a legal notice ("Notice") was advertised in the Naples Daily News on April 23 and April 30, 2001. The Notice was advertised once (1) a week for two (2) consecutive weeks. A copy of the Notice and the Affidavit of Publication are on file in the Real Property Management Department. Sprint was the only respondent to the Notice. Sprint has agreed to construct and operate the one hundred thirty foot communications tower by adhering to all Federal, State and County ordinances and requirements. Sprint has agreed to convey the tower to the County upon completion of same, without cost to the County. During the life of the lease, Sprint will maintain the tower and building shell and replace the tower and shell if the tower and/or shell should be destroyed. The annual rent paid by Sprint shall be $20,000.00 for the first year with 4% increases compounded for each year thereafter throughout the life of the lease. Sprint will pay all costs associated with utilities pertaining to the Demised Premises. Sprint shall relocate the United States Coast Guard's equipment from the existing tower to a location at the top of the communications tower and shall operate at that location without cost to the County or the Coast Guard. At the time in which this Executive Summary is being presented to the Board of County Commissioners, there is no other available space on the proposed tower for any other tenant(s). However, if a wind-load test allows any additional tenant(s), the County shall negotiate a lease with another co-locator and shall retain 70% of that rent and provide Sprint with 30% of the rent from that tenant(s). If any one-time monetary contributions shall be collected from any future tenant(s), the County and Sprint shall split the AGENDA ITEM JUN 2 $ 2001 / contribution 50% each. The reason for splitting rent and any one-time contributions is for Sprint to recoup some of its initial investment in the tower's construction costs. FISCAL IMPACT: The annual rent for the first year of $20,000.00 and all future rental payments increasing by 4% shall be deposited into the Beach and Water Park Operations budget in the General Fund. GROWTH MANAGEMENT IMPACT: None associated with this action. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Sprint and a Resolution concerning same, and authorize its Chairman to execute both documents at a later date, pending final review of the Lease Agreement by the Office of the County Attorney. ~nes Fitzek,/~ratiofl~ M~anager, Parks and Recreff~ion/Dept. REVIEWED BY:"~/]4~'~ ~~)~ Date: 'M~la-Ra~s~y,~ir~P~ks and Recreation DepMme~t ~PROVEDBY: ~~ ~~~ Date: ~. Ochs, Jr., Ad~in~r, P~blic Services Divisi~ AGENDA ITEM No. JUN 2 6 ; 001 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR THE INCREASE IN MEDICAID WAIVER REVENUE AND PROGRAM COSTS OBJECTIVE: To recognize an increase in collected Medicaid Waiver revenue and related cost. CONSIDERATIONS: For the past 9 years, Collier County Services for Seniors has been providing in-home support services to Collier County's frail elderly through this state and federally funded program. This revenue is a result of direct billing to the State Medicaid Waiver program and reflects more clients being case managed than were originally projected during the FY 99/00 period. The program requires no local matching funds. GROWTH MANAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: An increase of $15,000 in the Medicaid Waiver program for Services For Seniors is available for the period October 1, 2000 to September 30, 2001. All budgeted costs related to the additional revenue are reimbursed through requests for payment (claims) to the State of Florida Medicaid fiscal agent. This program requires no local cash matching funds. RECOMMENDATIONS: Staff recommends that the Board of County approve the necessary budget amendment. Prepared By: Date: John F r~li~ervice~ for Seniors Accounting Technician Reviewed and~ Approved by: ..>,~ ~ ~ Date: j{a_nci E. Locl~n~r, Ser~ces for Seniors Program Manager Reviewed and Approved by: \ ~/~(~J~.x.~TdT.~ ~:~1~~ Date: MarthlkSldnner, Social Services Director Reviewed and ~_ Approved by: ~..~F-C> f(.~ ~///~'f~ ~ Date: Leo ~. Ochs, Jr., ?ublicJ rV(ces Adhinistrator Commissioners d//,.r /d / / EXECUTIVE SUMMARY AUTHORIZATION TO ACCEPT FUNDS TO INCREASE HOURS FOR OUTREACH COORDINATOR. OBJECTIVE: To accept funds to maintain employment ofa 4H Program Assistant using a private donation. CONSIDERATIONS: The half-time Outreach Coordinator, funded through the United Way, has been very successful. Additional private grant funds have been offered by the Community Foundation to expand services. The current funding increase is for nine additional service hours each week for a total of twenty-nine hours. FISCAL IMPACT: A budget expenditure of $9,873 will be offset by an increase of revenues from a private source of $9,873. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve the necessary budget amendments recognizing the additional funding donation and authorize the appropriation and expenditure. Prepared by:De~'' Date: 5/31/2001 Reviewed and L~:..~b~.~ Approved By: eo Oc s, u' ~mir dministrator Date: ..... EXECUTIVE SUMMARY GIVE APPROVAL TO APPLY FOR A GRANT FROM FLORIDA FLORIDA FOREVER GRANT PROGRAM. COMMUNITIES TRUST Objective: That the Board of County Commissioners give approval to apply for a grant from Florida Communities Trust Florida Forever Grant Program. Consideration: This grant is for land acquisition for community based parks, open spaces and greenways that further outdoor recreation and natural resource protection needs of the county. This grant will be used for acquisition of land near Barefoot Beach. The grant is a matching fund grant with a maximum award limit for $6,600,000. There is no purchase price available at this time. Fiscal Impact: There is no fiscal impact at this time. If the county is rewarded the grant, we will go before the board with the grant and any required budget amendments. Growth Management: There is no impact to the Orowth Management Plan related to this action. Recommendation: The staff recommends that the Board of County Commissioners approve applying for a grant with The Florida Communities Trust Florida Forever Grant. Prepared by: Debbie Roberts, Operations Coordinator Department of Parks and Recreation Approved by: _ Maria Ramsey, Director Department of Parks and Recreation Date: Reviewed and Approved by: Leo Ochs, Jr., Public Sv~4~dr ' . Division of Public Ser~o~ Date: Agenda Item UN 2 6 2001 EXECUTIVE SUMMARY APPROVE AN EIGHT-MONTH SUSPENSION OF THE DESIGN AND CONSTRUCTION OF A NEIGHBORHOOD PARK WITHIN LIVINGSTON WOODS. Objective: That the Board of County Commissioners approve a delay in the project at the request of the residents of Livingston Woods and Commissioner Tom Henning. Consideration: After receiving an application request for a neighborhood park, along with surveys from the residents within the area, the Board of County Commissioners approved this project in Livingston Woods for this budget year. Staff has conducted several neighborhood meetings regarding this project, at which a few residents within the area have expressed concern with the project. At the last meeting held by staff with Commissioner Henning and residents of Livingston Woods, it was determined by those in attendance, that the County should suspend the project for a period of eight months until those within the neighborhood can come to a consensus for the design and/or desire for a neighborhood park within their community. Growth Management: Neighborhood Parks are not inventoried in the Growth Management Plan. Fiscal Impact: There is no fiscal impact associated with this action. Recommendation: project. '/'~es ·, ,Mana 'g er ~Department of Parks and Recreation Reviewed and ~: Approved by: Marla amsey, Dir~cior Department of Parks and Recreation Reviewed and Approved by: Staff recommends that the Board approve an eight-month suspension of this Date: Date: EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING THE ACTIVITIES AND PRACTICES OF VARIOUS VOLUNTEER ORGANIZATIONS WITHIN THE PUBLIC SERVICES DIVISION OBJECTIVE: To formalize the working relationships between County operating departments and the volunteer "Friends" groups that provide supplemental support to these operations. CONSIDERATIONS: For many years, groups of volunteer residents and visitors have formed non-profit associations for the purpose of supplementing and enhancing various facilities, equipment, materials, programs, services and operations within the Public Services Division. In an effort to further clarify roles, responsibilities, reporting relationships and financial accountability between these associations and the departments they support, as well as to acknowledge the public benefits provided by these groups, the enclosed Resolution has been prepared for the Board's consideration. FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: SUBMITTED BY: Leo E. Ochs, Jr// 1 Public S ervice~._~'nini strator That the Board approve the attached Resolution. Date: 200I 1 2 3 ., 6 7 8 9 10 11 12 RESOLUTION NO. 01- A RESOLUTION AUTHORIZING THE "FRIENDS GROUPS" TO SPONSOR AND/OR CONDUCT, WITH TItE PR1OR APPROVAL OF THE PUBLIC SERVICES ADMINISTRATOR, EVENTS, PROGRAMS, SERVICES, AND ASSOCIATION BUSINESS AND FUNDRAISING ACTIVITIES ON COUNTY PROPERTY, USING COUNTY ASSETTS AS APPROVED. WHEREAS. for many years, groups of volunteer residents and visitors have formed non-profit associations for ~he sole purpose of improving and expanding various facilities, equipment, materials, programs, services, and operations within 13 the Public Services Division; and 14 WHEREAS, these volunteer associations, hereinafter referred to as the "Friends Groups." have been formed to 15 assist and benefit the University of Florida Cooperative Extension Services, Parks and Recreation, Library. Museum, 16 Domestic Animal Services Departments, within the Public Services Division; and 17 WHEREAS. the "Friends Groups" provide countless hours of volunteer services, expert technical assistance and [ 8 advice, and substantial financial assistance to these Departments; and 19 WHEREAS, the Board of County Commissioners desires to formalize the current relationships and practices of 20 21 22 23 24 25 26 27 2 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 these "Friends Groups" and officially recognize the public benefit provided by same. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLOR[DA that the Board hereby authorizes the following: 1. The "Friends Groups" shall sponsor and/or conduct, with the prior approval of the Public Services Administrator, events, programs, services, and association business and fundraising activities on County property, using County assets as approved. Examples of such events, programs, and services shall include bu! no~ be limited to the following: Old Florida Festival Festival of the Humanities . Roberts Ranch Round Up · Library Surplus Book Sale Program · Library Photocopier System · Gift Shop Operations and Concessions · Lecture Series & Exhibits · Community Park Yard Sale Program 2. All earned and contributed revenues to the "Friends Groups" shall be used exclusively to support companion department facilities, programs, services, operations, and employees. 3. The "Friends Groups" shall make all official meeting minutes and financial records available for public inspection upon request and shall submit an annual financial report to the Public Services Administrator. This Resolution adopted this day of ,2001, after motion, second and majority vote in 45 favor of adoption. 46 47 48 49 5O 51 52 53 54 55 56 57 58 6-~ ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA Deputy Clerk By: Approved as to form and legal sufficiency: Chief Assistant County Attorney James D. Carter, Ph.D., Chairman --Agendal,,,~tem JUN Z b 2001 EXECUTIVE SUMMARY APPROVE A RESOLUTION AUTHORIZING THE CHAIRMAN TO ENTER INTO A LEASE AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. OBJECTIVE: To formalize the County's request for a lease agreement with the Florida Department of Transportation for the existing 951 Boat Ramp lands and additional lands for expansion of this facility. CONSIDERATIONS: The 951 Boat Ramp was constructed on State lands within the Rights-of-Way of Collier Boulevard through a permit with the Florida Department of Transportation. To expand this facility to accommodate additional parking, as well as to be allowed to charge a launch fee at this site, the Florida Department of Transportation now requires a lease for the associated land. Before the State will prepare a lease agreement for execution, they have requested a resolution from the Board of County Commissioners as provided. FISCAL IMPACT: There is no fiscal impact with this action at this time. Once the lease is negotiated, the fiscal requirements if any will be minimal. GROWTH MANAGEMENT IMPACT: This action does not effect the Growth Management Plan. RECOMMENDATION: //_j~mes Fitzek, Operations Manager C---" Department of Parks and Recreation Reviewed and ~///.~ 1 _..---~ Approved by: ,.,,~.//~//~.~'25,d,,~ ~._!~ ~ Date: Marl~ Ramsey, Director v Department of Parks and Recreation Reviewed and Approved by: ~*~ .~"'"'-'~ Date: Leo O~hs, Jr., Adm~'fls~ator ( Division of Public ~rgices That the Board approve the enclosed Resolution. JUN 2 2001 RESOLUTION NO 2001 - A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, AUTHORIZING THE CHAIRMAN AND COUNTY CLERK TO ENTER IN AN ANGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, TO MAINTAIN A PUBLIC BOAT RAMP, ASSOCIATED PARKING, CONDUCT COUNTY ACTIVITIES, AND CONSTRUCT UTILITIES WITHIN THE RIGHT-OF-WAY LINES OF STATE ROAD 951, AT THE LOCATION OF THE EXISITING 951 BOAT RAMP AND PiROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County determined that additional parking space is required adjacent to the existing 951Boat Ramp, and WHEREAS, The State right-of-way of the east side of State Road 951 is available for construction of additional parking facilities, and WHEREAS, The filled lands of the existing 951 Boat Ramp, parking lot land and adjacent lands 800 linear feet to the North and 800 linear feet to South, are available for these uses from the State of Florida, Department of Transportation, and WHEREAS, The parking facilities are used by the public and additional parking facilities have been requested. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commissioners hereby authorizes the Chairman to enter into an agreement with the State of Florida, Department of Transportation for a period of ninety-nine (99) years or less. 2. The subject property shall be used only for public purposes including parking of motor vehicles and trailers. It is mutually understood that Collier County will comply with all laws, rules, and regulations of the State of Florida and the Federal Government and that this agreement shall not be transferred or assigned to any person or firm. 4. This resolution shall become effective immediately upon adoption. This Resolution adopted after motion, second and majority vote favoring adoption. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA By: Deputy Clerk Approved as to form 'and Legal sufficiency: . Thorrla~s C. ~'alr~er. Assistant County Attorney By: JAMES D. CARTER, Ph.D., Chairman Pg.;-- EXECUTIVE SUMMARY APPROVE AN AGREEMENT WITH COIJ,IER SPORTS OFFICIALS ASSOCIATION, INC. FOR ~ PURPOSE OF PROVIDING SPORTS OFFICIALS FOR COUNTY SPONSORED ACTIVITIES Objective: That the Board emer into an agreement with Collier County Sports Officials Association, Inc. for the purpose of providing sports officials for County sponsored activities. Consideration: For the past twenty-three years the Board of County Commissioners has entered into an agreement with the Collier Sports Officials Association, Inc. (CSOA) of Naples, Florida, for the purpose of providing adexluate sports officiating for County sponsored games. CSOA is the only resource for provision of sports officials within Collier County. The vendor simplifies the payment procedure and facilitates the payment for services. The vendor will provide statements to the Collier County Parks and Recreation Department bi-weekly. The agreement will be in effect from September 1, 2001 to August 31, 2004. Officials will be provided for adult softball games in the Naples area. Fiacal Impact: Funds for this expenditure are allocated in the FY-2002 budget. Sponsorship revenues offset the cost of this budgeted expenditure. Growth Management: There is no Growth Management impact. Recommendation: Staff recommends the Board of County Commissioners enter into an agreement with Collier Sports Officials Association, Inc. Prepared by: ~~'O/p,~ .~/~c.- /J/ames R. Thomas~, AthletiCs Supervisor / Department of Parks and Recreation Reviewed and Approved by: /$~s K. Fitzek, O~erafiofi~ Manager C~Department of Parks and Recreation Reviewed and Maria Ramsey, Director V Department of Parks and Recreation Reviewed and Approved by: Leo Ochs, Adminis)ff]itor'- Division of Publi¢~6xvices Date: JUN 2 5.2001 [ AGREEMENT FOR OFFICIATING SERVICES This Agreement entered into this day of 2001, by and between the Board of County Commissioners of Collier County, Florida, hereinat~er referred to as the "County" and the Collier Sports Officials Association, Inc. of Naples, Florida, hereinafter referred m as "CSOA". The parties hereto agree as follows: SECTION I - CSOA will furnish game officials for all adult sofl~all games in the Naples area. SECTION Il - The County shall pay CSOA, for furnishing adult softball officials in the Naples area, the following rates payable as provided herein: September 1, 2001 - September 1, 2002- August 31, 2002: $15.00 per game per official Two officials' per game. August 31, 2004: $16.00 per game per official Two officials per game. The rates include extra inning games. SECTION m: CSOA shall provide: Officials for all games, minimum of two (2) officials per game. A pre-season list of registered officials for consideration by the County shall be furnished to the County before each season or league. The officials must be registered in the local, state, or national organization specific to their sport.. The Cotm~ shall have the authority to review the conduct and effectiveness of officials. The CounW reserves the right to require CSOA to replace any official who is deficient in meeting standards established by the Amateur Softball Association and the County, SECTION IV - In the event of postponement or cancellation of a scheduled contest herein, the County shall bear no cost if the game offidals(s) or a Board Member of CSOA is notified one hour prior to game 6me. ho If the game official(s) are not notified of postponement or cancellation prior to arrival at the field for a scheduled contest, the official(s) will be compensated for one game even though no game is played. In the event a comest which is in progress is canceled due to inclement weather, electrical outage, or circumstances beyond the County's or CSOA's control, official(s) will be paid for games completed and any games in progress at the time of cancellation. ~- ~o,;d~ "I tern - I JUNZ5 200i SECTION V - The Agreement shall be in effect from September 1, 2001 through August 31, 2004. Amendments to thi~ Contract shall be in writing and signed by both parties. The County and CSOA may agree to extend this Agreement under all of the terms and conditions contained in this Agreement for up to (1) one additional year following expiration of the initial term. SECTION VI - Payment of officials will be made in accordance with Collier County Purchasing Deparmm~ and Finance Department procedures. CSOA shall render to the County a biweekly statement showing the number of games worked by its official(s). The statement shall contain a certification by an officer of CSOA that he/she has reviewed the statement and that the information contained therein is tree and correct. This statement shall be mailed to: Collier County Parks and Recreation Department Attention: Athletic Supervisor 3300 Santa Barbara Boulevard Naples, Florida 34116 SECTION VII - It is expressly understood that CSOA officials are independent contractors and therefore are not entitled to benefits normally afforded employees of the County. This provision shall not apply to any County employee who acts as an official. SECTION VIII ~ CSOA must include as part of this Agreement, a Certificate of Insurance verifying a minimum of $500,000 Liability Insurance covering their acts, omissions or negligence hereunder. Should this insurance coverage expire within the' terms of their contract, CSOA must provide proof of $500,000 Liability Insurance 24. hours prior to the expiration date of the previous policy. The failure of CSOA to provide said documentation to the satisfaction of the County shall automatically terminate thi.q Agreement. SECTION IX - CSOA agrees to verbally notify the County's Athletic supervisor as to the time and location of o~iTa~ional meetings one week prior to the respective meeting date. SECTION X - All notices from the County to CSOA shall be deemed duly served if msiled by registered or certified mail to CSOA at the following address: Collier Sports Officials Association Post Office Box 833.1 Naples, Florida 34101 2 JUN2 2001 All notices from CSOA to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Collier County Parks and Recreation Department Attention: Athletic Supervisor 3300 Santa Barbara Boulevard Naples, Florida 34116 CSOA and the County may change the above mailing addresses at any time upon giving the other party written notification. SECTION XI - If CSOA fails to comply with any of the terms and conditions hereof and such default is not cured wi~_hin five (5) days after written notice is given to CSOA, the County may terminate this Agreement. SECTION XII - The CSOA will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county, or municipal ordinance; role, order, or regulation; or of any governmental role or regulation not in effect or hereafter enacted or adopted. In the event of such violation by CSOA, or if the County or its authorized representative shall deem any conduct on the part of CSOA to be objectionable or improper, the County shall have the fight to suspend this Agreement with CSOA should CSOA fail to correct any such violation, conduct, or pm to the satisfaction of the County wittdn 24 hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. CSOA further agrees not to continue performance under this Agreement occurring the suspension period until the violation has been corrected to the satisfaction of the County. SECTION XlII - CSOA agrees that there shall be no discrimination as to race, gender, color, creed, or natural origin. SECTION XIV - Nothing herein contained shall be created or be construed as creating a parmership between the County and the CSOA or to constitute CSOA as an agent of the County. CSOA is an independent contractor. SECTION XV - Certificate(s) of Insurance - All CSOA officials belong to the ASA (Amateur Softball Assodation) and are thereby covered by the amount of insurance required in Section vm. SECTION XVI - This Agreement is subject to an annual appropriation for same contained in the County's budget. IN WITNESS WHI~REOF, CSOA, and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. I Attest: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: James D. Carter, Ph.D., Chairman Date: COLLIER SPORT OFFICIALS ASSOCIATION, INC. By: Signature Typed name and title Approved as to form and legal sufficiency: Thomas C. Palmer Assistant COunty Attorney 4 EXECUTIVE SUMMARY APPROVE AN INTERLOCAL AGREEMENT WITH THE CITY FOR THE COMMUNITY CENTER SKATE PARK PROJECT. OF EVERGLADES Objective: That the Board of County Commissioners approve an Interlocal Agreement to partially fund construction and improvements to the City of Everglades Community Center Skate Facility. Consideration: This project and funds where approved by the Board in this year's budget. The Interlocal Agreement provides for reimbursement to the City for 50% of the improvements not to exceed $22,000. The City shall submit invoices for the projects by September 30, 2001. Growth Management: None, this project is a City of Everglades facility. Fiscal Impact: Funds arebudgetedin Parks Cap±tal Projects Fund (306) ±n the amount of $22,000. Source of funds is Ad Valorem. Recommendation: Staff recommends that the Board approve and authorize the Chairman to execute the Interlocal Agreement. Prepared by: //J~es Fitzek, Opera~ons M ' g ~epartment of Parks and Recreation Reviewed and ~~ Approved by: _ _ Date: ~ -/~-~// Maria ~,~nsey, Director Department of Parks and Recreation Leo (~chs, Jr., Ad~aini~tor/ Division of Public S~ces Reviewed and Approved by: INTERLOCAL AGREEMENT FOR FUND SHARING FOR EVERGLADES CITY COMMUNITY CENTER IMPROVEMENTS THIS INTERLOCAL AGREEMENT, by and between Collier County, (hereinafter referred to as "County"); and the City of Everglades, (hereinafter refen:ed to as "City"); WITNESSETH WHEREAS, the Board of County Commissioners of Collier County has approved matching funding assistance to the City of Everglades for the Everglades Community Center Improvements Project, which funding was approved in the 2001 fiscal budget for Collier County; and WHEREAS, this Agreement to formalize the obligations of the Parties hereto with regard to that funding. NOW, THEREFORE, County and City hereby agrees as follows: 1. The County shall pay up to twenty-two thousand dollars ($22,000), in matching funds for completion of refurbishment of the Everglades City Community Center skate pax'k/ basketball courts to be paid as reimbursement to City to include fencing, lighting, paving, and skate park equipment. City should submit invoices to the County for said project not later than September 30, 2001. 2. These improvements are deemed to have a useful life of twenty (20) years. The City shall not assess an additional admission fee, user fee, etc., to County residents during the life of the project and City shall make these facilities available for the County's smraner youth camp program. In the event that any of these obligations are violated, City shall refund to County the useful life remainder value of the facilities improvements based on twenty (20) year straight line depreciation with no residual value. 3: This Agreement may be signed in counterparts by the parties hereto. This Agreement shall take effect on the last day of execution by the party that last executed this agreement. 4: This Agreement will be recorded by County in the Official Records of Collier County within thirty (30) days after this Agreement is fully executed. DATE: ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: BY DEPUTY CLERK JAMES D. CARTER, Ph.D., Chairman tO t JO N 2 "2001 Approved as to form and legal sufficiency: Thom~a?C.~Xl~ah!e~~'''''''- Assistant County Attorney ATTEST: MARTHA DANIELS, CITY CLERK Approyed- as ,to. form and... City Attorney CITY OF EVERGLADES, A FLORIDA lVlUNICIPAL CORPORATION SAMMY HAMILTON JR., Mayor JUN 2 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO APPROPRIATE RESERVES FROM THE MOTOR POOL CAPITAL RECOVERY FUND (522) TO REFURBISH AN AMBULANCE TO MEET NEW STATE AMBIENT AIR AND DRUG TEMPERATURE CONTROL REQUIREMENTS, ADD SAFETY AND PATIENT COMFORT FEATURES, AND PERFORM PAINT AND BODY WORK. OBJECTIVE: Obtain Board approval for a budget amendment to appropriate reserves from the Motor Pool Capital Recovery Fund (522) to refurbish an ambulance to meet new State ambient air and drug temperature control requirements, add safety and patient comfort features, an perform paint and body work. CONSIDERATIONS: New State regulations require ambulances to have continuously controlled ambient air temperature for the patient compartment and temperature controlled compartments for drugs and medications. All ambulances must be in compliance by January 31, 2003. Collier County EMS has 14 ambulances that must be refurbished to meet these new requirements. Seven of the ambulances were planned for refurbishment in FY 2002 and seven in FY 2003. Several other safety and patient comfort enhancements, and paint & body work will be accomplished during the required refurbishment work. One of the ambulances planned for refurbishment next year was involved in an accident and is currently at the manufacturer, American LaFrance Medicmaster, in Sanford, Florida, for repair. Time and money will be saved if the ambulance is refurbished concurrently with the repair work while at the factory, rather than having to send it back at a later date. FISCAL IMPACT: $34,000 from Fund 522 Reserves will be spent for refurbishment in FY 2001 rather than FY 2002. GROVV'rH MANAGEMENT IMPACT: There will be no growth management impact. RECOMMENDATION: Recommend that the Board approve a budget amendment to appropriate $34,000 from Motor Pool Capital Recovery Fund (522) Reserves to refurbish an ambulance to meet n.e_w State ambient air and drug temperature control requirements, and to accomplish other imprpvements~as stated in the considerations. Da¥Croft, Fleet Man~ement Director REVIEWED BY: ~--~ Date: Thomas Storrar, Emerg,~cy Services Administrator APPROVED BY: ~ Date: Jo-Anne Varcoe-Leamer, Support Services Administrator EXECUTIVE SUMMARY WAIVE REQUIREMENTS FOR FORMAL BID PROCESS BY UTILIZING THE SERVICES OF THE GENERAL CONTRACTOR PRESENTLY CONSTRUCTING THE GOLDEN GATE GOVERNMENT SERVICES CENTER TO CONSTRUCT THE GOLDEN GATE SHERIFF'S SUBSTATION. OBJECTIVE: To waive the normal bid process and approve the negotiated construction cost for the SherifFs Substation with Vanderbilt Bay Construction, Inc., who is presently on the site, constructing the Golden Gate Government Services Center. CONSIDERATIONS: The Golden Gate Government Services Center, presently under construction, and the proposed Sheriff's Substation are in very close proximity to each other and because they share the same plaza entrance area, the site work and staging areas overlap. To facilitate construction, scheduling and control, the plaza area will be removed from the Govemrnent Services Building and will be included in the Sheriff's Substation contract. The two buildings, because of their close proximity, should be constructed by the same contractor to eliminate any potential claims for damage to the plaza and to avoid delays in the completion of the Government Service Center. The Board has the authority under State Stattlk, Section 255(a). 10b(1) to waive the requirements for public bidding in a situation such as presented within this summary. FISCAL IMPACT: This project was anticipated and budgeted in the Board's FY 00-01 Capital Projects. The negotiated construction cost of $700,000 is within the project's budgeted cost of $830,000. The balance of funds in the Golden Gate Government Services Center project would be transferred to the Sheriff's Substation project in order to complete the shared plaza area. GROWTH MANAGEMENT IMPACT: This request does not impact the Growth Management Plan. RECOMMENDATIONS: That the Board waive the requirements for formal bidding and authorize the Chairman to sign a construction contract with Vanderbilt Bay Construction, Inc. after review by the County Attorney's Office and approve the necessary budget amendments as addressed within this summary. PREPARED BY: t~paCrognale, Const~ction Mtinager rtment of Facilities Management DATE: Executive Summary Golden Gate Sheriff's Substation Page 2 REVIEWED BY.' _~_~~~'~ ~ Skip Camp, CFM, Director Department of Facilities Management DATE:__~ Steve Y. Qamell?Director Purchasing Department REVIEWED BY: Jo-Anne Varcoe-Lcamer, Administrator Support Services Division DATE: J U N 2 6 EXECUTIVE SUMMARY AWARD RFP #01-3205 EMPLOYMENT ADVERTISING PLACEMENT SERVICES TO NATIONWIDE ADVERTISING SERVICES AND AUTHORIZE STAFF TO NEGOTIATE AGREEMENT WITH SELECTED VENDOR. OBJECTIVE: To award RFP #01-3205 "Employment Advertising Placement Services" to Nationwide Advertising Services provides employment advertising research and ad placement services for the Human Resources Department and other Collier County Departments. CONSIDERATION: This service is vital in assisting with the recruitment of qualified job candidates. On February 13, 2001 the Purchasing Department solicited proposals for RFP #01-3205 "Employment Advertising Placement Services". The County Manager authorized a selection committee to review and evaluate proposals received from companies capable of providing employment advertising placement services to Collier County. The selected firm will provide customized research for individual positions detailing the specific markets and medias to place our advertisements. The selected firm will create an ad from a job description, provide monthly newsletters with information on recruitment trends, upcoming job fairs, media specials, conferences, ~J specialized reports on specific markets, salaries, etc. The selection committee reviewed the two (2) proposals received, and by general consensus found Nationwide Advertising Services qualified to perform the full scope of work. The ranking matrix that resulted in this recommendation accompanies this document. FISCAL IMPACT: All County Departments may use this Agreement and monies are budgeted in the Department's respective budgets. GROWTH MANAGEMENT IMPACT: This RFP will not affect the growth management impact. RECOMMENDATION: That the B~oard award RFP #01-3205 for Employment Advertising Placement Services to Nationwide Advertising Services and authorize the Chairperson to sign standard contracts after review by the County Attorney's O.~e. SUBMITTED BY: ~¢-'"~" /~' ~] ~--~~ Date: '"'-George I~dley, Director Human Resources Department REVIEWED BY: ~ 4, ~.,~' Date: StephE]n Y. C~rnell, Director Purchasing/General Services. APPROVED BY: I,./~ Date: ...... Jo-Anne Varcoe-Leamer, Administrator Support Services Division No._ ~,~ ~'._~"~_ - JUN 7. 6 2001 Pg._ ~ EXECUTIVE SUMMARY REQUEST AUTHORITY TO AWARD RFP 00-3188 (INTEGRATED FINANCIAL MANAGEMENT SYSTEM) AND AUTHORIZE STAFF TO COMMENCE NEGOTIATIONS WITH THE TOP-RANKED FIRM(S). OBJECTIVE: To radically modernize and further integrate essential business functions within and across multiple County agencies. CONSIDERATIONS: The Board of County Commissioners and Clerk of Courts agencies process numerous business transactions every business day through the use of a mainframe-based software package installed in 1988. Over the life of the current system, both agencies have experienced dramatic growth and additional demand for services. During this 13-year period, the number of employees in the two agencies has nearly doubled, while workloads have grown at even faster rates. For this and other reasons, staff from both agencies began working in earnest last year to replace the current system. Funds were requested by staff and appropriated by the Board to fund the acquisition of a new, integrated financial management system. On November 28, 2000, the Board, at the request of the Clerk of Courts, adopted a formal resolution in support of the project. The Clerk, in turn has committed $1,000,000 from the Public Records Management Trust Fund towards the acquisition of the requisite software/hardware components and project management support costs. The proposed project solution would more fully automate and tie together the following essential business functions: · General Accounting Ledger and Cash Management · Purchasing · Accounts Payable ._ · Fixed Asset Management · Budget Management · Human Resources Management · Payroll · Employee Benefits Management Accordingly, the Purchasing Department issued a Request for Proposals in December and forwarded notices to 167 vendors. On March 2, proposals were received from 13 vendors, which were initially evaluated for compliance with the County's technical requirements. Nine of the 13 responses were found to be initially compliant and were then evaluated for price and other business considerations. Of those firms, the staff selection committee (consisting of representatives from both agencies) invited four firms to conduct two-day product demonstrations at our site. Following the "demos", the committee re-el aluat~GENDA ITEM JUN 2 6 2001 Pg._ / the top firms and by consensus, ranked Cedar/SAP's proposal number one. The proposal from Interliant/Oracle was scored second. As of this writing, staff is finalizing reference checks and making arrangements for site visits. Given the need for the project to continue to move forward and in light of the Board's summer recess, staff is requesting authority to proceed as follows: 1) To commence contract negotiations with Cedar/SAP pending the successful outcome of reference checks and site visits; or 2) In the event that information gathered from reference checks anct/or site visits alter the committee's recommendation, that staff be given the discretion to commence negotiations with Oracle/Interliant. FISCAL IMPACT: None at this time. The recommended proposal includes "pre- negotiated" costs of approximately $2.3 million. Subsequent to the completion of negotiations, staff will bring the contract to the Board for final approval. GROWTH MANAGEMENT IMPACT: There is no growth management impact per se from this project. RECOMMENDATION: That the Board of County Commissioners award RFP 00- 3188 for an integrated financial management system to Cedar/SAP subsequent to the conditions identified herein and that staff be authorized to commence negotiations with the selected firm as set forth under the Considerations Section of this executive summary. SUBMITTED BY: ~~ ~ -(~2 )~;;ii~ SteveVCarfiellfCPM REVIEWED BY: APPROVED BY: Date: Purchal;ing/General Services Director -J_~ L. Mitchell, CIA, CFE, CBA Finance Director Jo-Anne Leamer, CPA Support Services Administrator Date: AGENDA'iTEM No.. i /. ~--. ~ JUN 2 6 2001 pg._ EXECUTIVE SUMMARY AWARD CONTRACT FOR ARCHITECTURAL SERVICES FOR PROGRAMMING AND DESIGN OF THE COURTHOUSE ANNEX, PARKING GARAGE, CHILLED WATER PLANT EXPANSION AND ASSOCIATED VEHICULAR AND PEDESTRIAN CIRCULATION AND SITE WORK, RFP # 00-3173. PR00££T N0 80§33. OBJECTIVE: To Award RFP # 00- 3173, design of the Courthouse Annex, parking garage, chilled water plant expansion, associated vehicular and pedestrian circulation and site work to Spillis Candela and Partners, Inc. CONSIDERATIONS: On February 13, 2001, the Board approved the short list for architectural services for programming and design of the Courthouse Annex, parking garage, chilled water plant expansion and associated vehicular and pedestrian circulation and authorized staff to negotiate a Professional Services Agreement with the top ranked firm, Spillis Candela and Partners, Inc. The Courthouse Annex and associated work will be designed in two phases. Phase 1 will consist of programming and preliminary schematic design. Phase 2 will consist of preliminary design, final design, construction documents and construction administration. FISCAL IMPACT: The negotiated fee for Phase 1 ($190,000) is currently budgeted in the proposed Courthouse Annex design project for FY 00-01 in the amount of $195,600. Funds for Phase 2 are being requested and budgeted in the FY 2001-02 budget. Source of funds -is Ad Valorem. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's projected Space Assessment Analysis (Space Plan) and the Development of Regional Impact DRI). RECOMMENDATIONS: That the Board award RFP # 00-3173 to Spillis Candela and Partners, Inc. and authorize the Chairman to sign an agreement with Spillis Candela and Partners Inc. after review and approval by the County Attorney's Office. facl~ (~r~gnale: Const~ction Manager Department of Facilitqes Management DATE: Skip~amp, CFM, Director Department of Facilities management DATE: AGENDA ITEM No._ J U N 2 6 ?.001 Executive Summary RFP-00-3173 Page 2 Steve C~trnell, ~)irector Purchasing Department DATE: RI~VlEWEI) I~Y: J~/~~' Jo-Anne Varcoe-Leamer, Administrator Support Services Division DATE: AGENDAtTEM JUN 2 6 ZOO1 Pg. ~ EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO INCREASE APPROPRIATIONS FOR FUEL AND PARTS COSTS, AND RECOGNIZE ASSOCIATED REVENUES IN FLEET MANAGEMENT ADMINISTRATION FUND (521). OBJECTIVE: Obtain Board approval to increase appropriations for fuel and parts costs and recognize associated revenues in Fleet. Management Administration Fund (521). CONSIDERATIONS: Motor fuel costs have risen dramatically this fiscal year. Regular unleaded has increased from a wholesale price of $1.25 in October 2000 to a high of $1.45 in May 2001. This greatly exceeds the Oil Price Information Service projection of $1.16 per gallon which was budgeted this year. Prices are expected to continue rising through the summer. The price increases have resulted in a $300,000 shortfall in Fleet Management's fuel budget. During the same period, parts costs have exceeded projections with a estimated annual budget deficit of $100,000. The parts shortfall is mainly attributed to an increase in total County vehicles and equipment, plus an increase in repair of heavy equipment that is starting to show signs of aging. FISCAL IMPACT: Motor fuel will cost the County approximately $300,000 and parts $100,000 more ..... than originally budgeted this fiscal year. Since Fleet Management is an internal service fund, the dditional costs will "pass through" to affect the budgets of using .departments and organizations. GROWTH MANAGEMENT IMPACT: No growth management impact is involved. RECOMMENDATION: The Board approve a budget amendment to increase appropriations for fuel by $300,000 and parts by $100,000, and recognize associated revenues in Fleet Management Administration Fund (521). PREPARED (~~yr~alt~E ~/ ,.v~,~r~i .qr/F/. le. et An,~lyst Dan"~Croft, Fleet iv~anag~e ~(ea~ Director Jo-Anne Varcoe-Leamer, Support Services Administrator DATE: DATE: AGENDA ITEM No, JUN 2 6 ZOO1 EXECUTIVE SUMMARY AGREEMENT APPROVAL AND ADOPTION OF RESOLUTION AUTHORIZING THE ACCEPTANCE OF SAID AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY FOR FUNDS TO BE USED FOR SHELTER ENHANCEMENT AT BARRON COLLIER HIGH SCHOOL OBJECTIVE: To gain Board of County Commissioners acceptance and approval of Agreement # 01HM-6L-09-21 - 15-031 between the State of Florida, Department of Community Affairs and Collier County for funds to enhance a storm shelter and to adopt a Resolution authorizing the execution and acceptance of said Agreement. CONSIDERATION: The Federal Emergency Management Agency (FEMA), through the Department of Community Affairs, has made funds available to retrofit existing shelters in order to reduce the state-wide shelter deficit. On September 12, 2000, the Board of County Commissioners directed staff to submit a grant application for shelter retrofit work at Barron Collier High School. The Department of Community Affairs has awarded Collier County funds for shelter retrofit work at Barron Collier High School. The Agreement for Barron Collier High School provides funds in the amount of $22,563.00 to install shutter systems for three entry ways, and for the installation of Storm Shield Side-Hinged Hurricane Barriers on 14 openings above the main entrance. The time frame for completing this project will be twenty-four (24) months from the date of the fully executed contract. However, we estimate a completion date for this project prior to the beginning of the 2001-2002 school year. If the Agreement is approved, the Emergency Management Department will serve as the project manager to insure that all work is completed prior to contract termination. FISCAL IMPACT: Increase of $ 22,563.00 in Fund 118- Emergency Management Grant Fund by recognizing revenue and appropriating expenditures. GROWTH MANAGEMENT IMPACT: Policy 12.1.3, Conservation and Coastal Management Element requires that the County continues to identify shelter space that complies with the American Red Cross standards. ,,~eENDA ITEM ' JUN 2 6 2Oal pg. I ,, RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement #01HM-61-09-21-15-031 for the installation of hurricane shelter enhancements at Barton Collier High School, adopt the Resolution authorizing the execution and acceptance of said Agreement, and approve the necessary Budget Amendment that increases the Emergency Management Grant Fund by $22,563.00. SUBMITTED B~ -~~~~-~ DATE: ~,.~ o / Kenneth .l~.P-ineau, CENt, Emergency Management Director APPROVED BY: ~~~t'j DATE: ~5~ ag/ Thomas Storrar, CEM, Emergency Services Administrator '" .~,'~D ITM ' No. I/,'~ .. JUN 2 6 2001 PO. c:~ ... RESOLUTION NO. Ol - RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY WHEREAS, the Federal Emergency Management Agency through its Hazard Mitigation Graut Program has made funds available to the Florida Department of Community Affairs for further dispersal to local jurisdictions to enhance local sheltering programs; and WHEREAS, the Florida Department of Community Affairs, by means of the attached Agreement # 01-I-[M-6L-09-21-15-031, is agreeing to provide, by means of reimbursement for costs incurred by the County for the installation of hurricane protection devices at Barton Collier High School, the sum of $ 22,563.00. WHEREAS, the Board of County Commissioners of Collier County agree that the performance of the subject Agreement is in the best interest of Collier County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board approve Agreement # 01-HM-6L-09-2 I-15-031 between the State of Florida Department of Community Affairs and Collier County as presented to the Board for review, and hereby authorize the Board's chairman to execute the Agreement on behalf of Collier County. This Resolution adopted after motion, second and majority vote in favor of adoption this ~ day of June, 2001. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman ATTEST: Dwight E. Brock By: (Deputy Clerk) Approved as to form ~-~ David We~ge~l- County Attorney.z3co~ JLIN'2"I 2001 - Contract Number:01HM-6L-09-21-15-031 CFDA Number: 83.548 AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in TallahaSsee, Florida (hereinafter referred to as the "Department"), and Collier County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, Hurricane Irene produced disastrous weather conditions which had a devastating impact upon the State of Florida; and B. WHEREAS, the severity of the damage loss resulted in the declaration of an emergency by the Governor; and C. WHEREAS, The President of the United States has concurred and has declared a major disaster designated FEMA-DR-1306-FL; and D. WHEREAS, the Federal Emergency Management Agency (FEMA), as a result of the Presidential Declaration, has made available federal funds for hazard mitigation grants; and E. WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and F. WHEREAS, the Department has a need for such services and does hereby accept the offer of the Recipient upon the terms and conditions hereinafter set forth, and G. WHEREAS, the Department has authority pursuant to Sections 252.35,252.36, 252.37, 252.38 and 163.03, Florida Statutes (Fla. Stat..) and other pertinent Florida law to disburse the funds under this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (]) SCOPE OF WORK. The Recipient shall fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. Within thirty (30) days of execution of this Agreement, Recipient shall submit to the Department, for its approval, a detailed Scope of Work and a detailed line item Budget which shall govern the performance of the Recipient hereunder, and which shall be incorporated by reference in this Agreement through a modification signed by both parties. The Scope of Work must include specific interim due dates for each task or activity which is necessary to accomplish the project for which this grant is awarded. Failure to complete any task or acti,~ity by the due date set AOEI~D& ITEM No. |~, JUN 2 6 2001 pg. L] , , forth in the Scope of Work will be an Event of Default under Paragraph 9 herein. The Application of the Recipient for this grant, as approved by the Department, is hereby incorporated by reference, and the terms of that approved Application are binding upon the Recipient. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties, and shall end twenty-four (24) months from the date of execution, unless terminated earlier in accordance with the provisions of paragraph (9) of this Agreement. (4) MODIFICATION OF CONTRACT; REPAYMENTS. Either 'party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. Notwithstanding the foregoing, any budget changes which do not increase the overall cost of the project or change the scope of work do NOT require a written modification to this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (5) RECORD KEEPING. (a) (b) Recipient's performance under this Agreement shall be subject to 44 CFR Part 13 "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" and OMB Circular No. A-87. In the event that more than one project is funded under this Agreement, the funds received by the Recipient for each project may not be commingled, and the funds obligated or expended for each project must be accounted for separately, with separate record keeping for each project. 2 AGENDA_ITEM No. JUN 2-6 2001 (6) (c) All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later. However, if any litigation, claim or audit is started before the expiration of the three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. (d) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work, Attachment A to this Agreement, and all applicable legal requirements. (e) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday throUgh Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. REPORTS. The Recipient shall provide quarterly progress reports to the Department, using the attached Quarterly Report Form, Attachment F. The first report is due on the first day of the federal quarter, after the date of execution of this Agreement and quarterly thereafter until the work has been completed and approved through final inspection. Thereafter, reports shall be due on January 1, April 1, July 1, and October 1. Reports shall indicate the status and completion date for each project funded, any problems or circumstances affecting completion dates, or the scope of work, or the project costs, and any other factors reasonably anticipated to result in noncompliance with the~terms of the grant award. Interim inspections shall be scheduled by the Recipient prior to the final inspection and may be requested by the Department based on information supplied in the quarterly reports. The Department may require additional reports as needed. The Recipient shall, as soon as possible, provide any additional reports requested by the Department. The Department contact will be the state hazard mitigation officer for all reports and requests for reimbursement. (b) Recipient shall provide the Department with a close-out report on forn~s provided by the Department. The close-out report is due no later than sixty (60) days after termination of this Agreement or upon completion of the activities contained in this Agreement. 3 JUN i-8 201 ! J /o . I (7) (c) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may terminate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. (d) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. MONITORING. The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work is being accomplished within specified time periods, Recipient is complying with all terms and conditions of this Agreement, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement and each term and condition established herein. (8) LIABILITY. (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Fla. Stat., agrees to be fully responsible for its negligent acts or omissions or tortuous acts and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (9) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of 4 .ILJN 2 6 2001 PO. ? , (b) Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure. said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; or If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States Mail, first class mail, postage prepaid, by registered or certified mail- return receipt requested, to the address set forth in paragraph (10) herein; AGENDA ITEM No. I JUN 2 6 2001 Pg. (c) (d) (e) (0 (g) Commence an appropriate legal or equitable action to enforce performance of this Agreement; Withhold or suspend payment of all or any part of a request for payment; Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incun'ed for any items determined to be ineligible; or Exercise any other rights or remedies which may be otherwise available under law. The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable roles, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat.., as amended. Notification of suspension or termination shall include notice. of administrative hearing rights and time frames. The Recipient shall return funds to the Department if found in noncomPliance with laws, rules, regulations governing the use of the funds or this Agreement. This Agreement may be terminated by the written mutual consent of the parties. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of the Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. In the event that the Federal Emergency Management Agency (FEMA) de-obligates funds previously authorized under this Agreement, or under any other FEMA funded agreement administered by the Division of Emergency Management within the Department, then the Recipient shall immediately repay said funds to the Department. If AGENDA ITEM No. JUN 2 6 2001 Pg., ? (10) (11) Recipient fails to repay said funds, then Recipient authorizes the Department to recoup or set off said funds from funding otherwise available under this Agreement or under any other grant agreement with Recipient administered by the Department. NOTICE AND CONTACT. (a) All Notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, retUrn receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. "Notices" shall mean communications regarding the addition of funding or projects, and the implementation of any action under Paragraph (9) of this Agreement. (b) The name' and address of the DePartment contract manager for this Agreement is: Ms. Kathleen Marshall, Planning Manager Bureau of Recovery and Mitigation Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: (850) 922-5944 Fax: (850) 922-1259 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Mr. James von Rinteln, Coordinator Emergency Management Collier County 3301 Tamiami Trail, East Naples, Florida 34112 Telephone: (941) 774-8444 Fax: (941) 775-5008 (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in Paragraph (10)(a) above. OTHER PROVISIONS. (a) The validity of this Agreement is subject to the troth and .accuracy of all the information, representations, and materials submitted or provided by the Recipient in its Application, this Agreement, in any subsequent submission or response to AGENDA_ITEM No. JUN 2 6 2001 (12) o Have not, within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 11 (g)2. of this certification; and Have not within a three-year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default. Where the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this agreement. AUDIT REQUIREMENTS. (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) In the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal funds awarded through the.Department by this agreement. In determining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal funds received from the Department. The determination of amounts of Federal awards AGENDA kTEM No. ! ~. ~z'~_ JUN 2 6 2001 // expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. In connection with the above audit requirements, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A- 133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A- 133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from Recipient funds obtained from other than Federal entities). The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. The annual financial audit report shall include a schedule of financial assistance specifically identifying'all Agreement and other revenue by sponsoring agency and Agreement number. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: (a) The Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and l0 AOEND~ ITEM No, JUN 2 6 2001 Pg. (b) (c) (d) (e) (f) Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. This Agreement shall be construed'under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. No waiver by the Department of any right Or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole.' The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. With respect to any Recipient which is not a local government or state agency, and which receives funds under this agreement from the federal government, the Recipient certifies, to the best of its knowledge and belief, that it and its principals: Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; AOENDAJTEM No. JUN 2 6 2001 Pg. /~.~ (e) (f) State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 (b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 (c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. Pursuant to Section .320(1), OMB Circular A-133, as revised, the Recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at the following program address: Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. AGENDA ITEM No. }~_ ~ JUN 2 6 2001 pg, /Z"//' (13) (14) (15) (g) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit is due Seven (7) months after the end of the fiscal year of Recipient or by the date the audit report is issued by the state Auditor General, whichever is later. (i) An audit performed by the State Auditor General shall be deemed to satisfy the above audit requirements. SUBCONTRACTS. (a) If the Recipient subcontracts any or all of the work required under this Agreement, the Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department. (b) The Recipient agrees to include in the subcontract that the subcontrafitor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed by law. (c) If the Recipient subcontracts, a copy of the executed subcontract must be forwarded to the Department within five (5) days of execution. (d) Contractual arrangements shall in no way relieve the Recipient of its responsibilities to ensure that all funds issued pursuant to this grant be administered in accordance with all state and federal requirements. TERMS AND CONDITIONS. The Agreement contains all the terms and conditions agreed upon by the parties. ATTACHMENTS. (a) All attachments to this Agreement are incorporated as if set out fully herein. (b) In the event of any inconsistencies .or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling, but only to the extent'of such conflict or inconsistency. 3.2 A(3ENDA J3'EM No. 1 t; JUN 2 6 2001 (c) This Agreement has the following attachments: (16) (17) Attachment A Exhibit(s) Attachment B Attachment C Attachment D Attachment E Attachment F Budget and Scope of Work CATEX Program Statutes and Regulations Lobbying Prohibition/Certification Statement of Assurances Request for Advance or Reimbursement Quarterly Report Form FUNDING/CONSIDERATI ON. (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed quarterly for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed the amounts listed in Attachment A (Budget and Scope of Work), subject to the availability of funds. (b) Any advance payment under this Agreement is subject to Section 216.181 (15), Fla. Stat. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the fzrst three (3) months, based upon the funds being equally disbursed throughout the contract term. For a federally funded contract, any advance payment is also subject to 44 CFR Part 13, Federal OMB Circular A-87 and the Cash Management Improvement Act of 1990. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be submitted to the Department contract manager using Attachment E. Recipient shall specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. All funds shall be deposited in an interest beating account. Any interest earned must be promptly, but at least quarterly, remitted to the Department. (c) All funds shall be requested on forms provided by the Department for that purpose which accompany this Agreement. STANDARD CONDITIONS. The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216 and Section 252.37, Fla. Stat. or the Florida Constitution. (b) If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months 3_3 JUN 2 6 2001 (18) (19) and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Fla. Stat. (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the Recipient in conjunction with this Agreement. (0 If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such'violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. STATE LOBBYING PROHIBITION. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. Refer to Attachment C for additional terms and provisions relating to lobbying. LEGAL AUTHO~ZATION. The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient A(3ENDA ITEM i , /", ~, 14 No. ~ t~ ~ JUN 2 6 20'J1 '/7 (21) (22) also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment D. SPECIAL CONDITIONS. Failure of the Recipient to comply with the program statutes and regulations in Attachments B and D of this Agreement shall be cause for the immediate suspension of payments or the immediate termination of this Agreement.' FUNDING and INSURANCE. The Department shall provide Hazard Mitigation Grant Program (HMGP) funds as described in Attachment A (Budget and Scope of Work) for eligible and allowable costs incurred in performing the project(s) identified in Attachment A. Eligible and allowable costs shall be determined in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 44 Code of Federal Regulations (CFR) Part 206, 44 CFR Part 13, and other applicable HMGP guidance. Administrative costs shall be compensated in accordance with 44 CFR 206.439(b)(1)(ii). The Department may make an award of additional funds, and aUthorize funding for additional HMGP project~ approved by FEMA, by subsequent modification delivered to the Recipient's Representative identified in paragraph 10. Should Recipient determine it does not wish to proceed based upon the award of additional funds and additional projects, then Recipient shall provide notice to the Department contact within thirty (30) days of receipt of the modification. Otherwise, Recipient shall provide its notice of acceptance and intent to proceed within forty-five (45) days of receipt of the modification. The terms of this Agreement shall be considered to have been modified to include the additional funds and project(s) upon receipt of the notice 'of acceptance and intent to proceed. The Recipient shall utilize the attached form entitled "Request for Advance or Reimbursement of Hazard Mitigation Grant Program Funds," Attachment E, to obtain funds under this Agreement. This form is hereby incorporated into this Agreement by reference. The final payment of funds will be made only after project completion, submission of all required documentation, final inspection, and a request for final reimbursement. Recipient agrees to promptly commence and to expeditiously complete the scope of work identified herein. All work shall be completed within two years of the execution of this Agreement, or prior to such deadline as established by the 15' A~_..-,F..NDA_ITEM No. JUN 2 6 2001 Pg. (23) Federal Emergency Management Agency or the Scope of Work as approved by the Department, whichever is sooner. Recipient agrees, as a condition of receipt of funding pursuant to this Agreement, to obtain reasonably available, adequate, and necessary insurance for the type or types of hazard for which the major disaster was declared, accordance with the requirements of 44 CFR 206, Subpart I. Recipient agrees to obtain and maintain comprehensive liability and workers compensation insurance, as well as pertinent.performance and bids bonds, for the construction period of the project. DUPLICATION OF BENEFITS PROHIBITION. In accordance with the provisions of-Section 312 of the Stafford Act, duplication of benefits is prohibited. The Recipient shall notify the Department, as soon as practicable, of the existence of any insurance coverage for the costs identified in the application, and of any entitlement to or recovery of funds from any other source for the project costs, including' Small Business Administration funding, Minimum Home Repair funds, and other Federal, State and private funding. Allowable costs shall be reduced by the amount of duplicate sources available. The Recipient shall be liable to the Department to the extent that the Recipient or ultimate beneficiary receives duplicate benefits from .any other source for the same purposes for which the Recipient or ultimate beneficiary has received payment from the Department. The Recipient shall immediately remit to the Department any duplication of benefits payment received by the Recipient. In the event the Department determines a duplication of benefits has occurred, Recipient hereby authorizes the Department or the Comptroller of the State of Florida to take offset action against any other available funding due the Recipient. The Comptroller is authorized to pay such offset to the Department upon written notice from the Department. In addition, Recipient shall ensure, as a condition of funding under this Agreement, that all required Privacy Act releases and Duplication of Benefit paperwork is completed. AGENDA ITEM No. la /m-I JUN 2 6 20Ii! IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: BY: James D. Carter, Ph.D., Chairman Board of County Commissioners DATE: BY: Joseph F. Myers, Director Division of Emergency Management DATE: FEID#' 59-6000558 Federal Employer ID Number ATTEST: Dwight E. Brock, Clerk BY: (Deputy Clerk) Approved as to Form and Legal Sufficiency David Weigel County Attorney AOEND,,~,ITEM No. JUN 2 6 2001 Attachment A Budget and Scope of Work The Recipient shall fully perform the approved hazard mitigation project, as described in Attachment A (Budget and Scope of Work) attached to this Agreement, in accordance with the approved scope of work indicated therein, the estimate of costs indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall not deviate from the approved project and the terms and conditions of this Agreement. Recipient shall comply with any and all applicable codes and standards in performing work funded under this Agreement, and shall provide any appropriate maintenance and security for the project. Any development permit issued by, or development activity undertaken by, the Recipient and any land use permitted by or engaged in by the Recipient, shall be consistent with the local comprehensive plan and land development regulations prepared and adopted pursuant to Chapter 163, Part II, Florida Statutes. Funds shall be expended for, and development activities and land uses authorized for, only those uses which are permitted under the comprehensive plan and land development regulations. The Recipient shall be responsible for ensuring that any development permit issued and any development activity or land use undertaken is, where applicable, also authorized by the Water Management District, the Florida Department of Environmental Protection, the Florida Department of Health, the Florida Game and Fish Commi.'ssion, and any federal, state, or local environmental or land use permitting authority, where required. Recipient agrees that any repair or construction shall be in accordance with applicable standards of safety, decency, and sanitation, and in conformity with applicable codes, specifications and standards. Recipient will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the assistance awarding agency or state. If the hazard mitigation project described in Attachment A includes an acquisition or relocation project, then Recipient shall ensure that, as a condition of funding under this Agreement, the owner of the affected real property establishes the following deed covenants and restrictions, which shall mn with and apply to any property acquired, accepted, or from which a structure will be removed pursuant to the project: (a) the property will be dedicated and maintained in perpetuity for a use that is compatible with open space, recreational, or wetlands management practices; (b) no new structure will be erected on property other than: (i) a public facility that is open on all sides and functionally related to a designated open space; A~ENDA I~,EM No., JUN 2 6 2001 (ii) a restroom; or (c) (d) (iii) a structure that the Director of the Federal Emergency Management Agency approves in writing before the commencement of the construction of the structure; after the date of the acquisition or relocation no application for disaster assistance for any purpose will be made to any Federal entity and no disaster assistance will be provided for the property by any Federal source; and if any of these covenants and restrictions is violated by the owner or by some third party with the knowledge of the owner, fee simple title to the Property described herein shall be conveyed to the Board of Trustees of the Internal Improvement Trust' Fund of the State of Florida without further notice to the owner, its successors and assigns, and the owner, its successors and assigns shall forfeit all right, title and interest in and to the property. AGENDA..J.TEM No, JUN 2 6 2001 Attachment A Budeet and Scope of Work The Subgrantee, Collier County, will retrofit the Barton Collier High School to meet the American Red Cross Standards as follows: The installation of a shutter system for three entry ways, two front and one back cafeteria entrance with Dade County Approved Product, as well as fourteen other openings with Storm Shield Side-Hinged Hurricane Barriers. The Federal Emergency Management Agency has determined from programmatic and technical review that the following items are unique to this project and should be included in the file prior to initiation of the proposed scope of work: Document design standards and assurances for the shutters being utilized in the retrofit. To ensure the complex is not vulnerable to wind damage in other susceptible areas document relevant design'standards (i.e. walls, roof) Document a detailed budget representative of costs equal to the proposed scope of work. The time frame for completing the project will be within twenty-four (24) months from the date of the fully executed contract. This is HMGP project 1300-008 funded under FEMA project 1306-005. Funding Summary: Federal Share Non Federal Share Total Project Cost: 75%: $ 22,563.00 (100.00%of Project Cost) 25%: $ 0.00 ( 0.00%of Project Cost)* $ 22,563.00 Subgrantee Administrative Allowance up to $150.42 * State and Local share will be met using a Global Match, which allows credit for similar eligible projects Undertaken in the area that did not involve federal funds. JUN 2 6 2001 A-3 Pg.,. FEDERAL EMERGENCY MANAGEMENT AGENCY · ' Region IV . , ~- 3003 Chamblee.Tucker Road ~ Atlanta, Georgia 30341 April 15, 1997 SUBIECT: r Group Categorical ExclusiOn for Repairs, ReConstruction, R~toration, Elevation,:. Basement Floodproo£mg: Retrofitting and/or Upgr~.' g of.Stm.ctures ~i?'~'~."'::.': .... .:::i , 1306.DR~.FL .. FEMA proposes to partially fund repairs, reconstruction, restoration, elevation, basement floodproofing,'retrofitting and/or upgrading of structures, including homes, buildings, roads, bridges, culverts, and utility lines and facilities. These actions (projects) may qualify for FEMA assistance programs to reduce disaster-related losses and damages and threats to public health and safety. Actions that qualify for' FEMA funding under disaster 1306-FL, fit within the exclusion categories defined in 44 CFR § 10.8 (d)(2)(xiv) through (xvi), and meet the additional criteria defined below are categorically excluded from preparation of an Envirbnmental Assessment or an Environmental Impact Statement. ' ~' 44 CFR § 10.8 (d)(2)(xiv): "Granting of community-wide exceptions for floodproofed residential basements meeting the requirements of 44 CFR § 60.6 (c) under the National Flood Insurance Program;" 44 CFR § 10.8 (d)(2)(xv): "Repair, reconstruction, restoration, elevation, retrofitting, upgrading to current codes and standards, or replacement of any facility in a manner that substantially conforms to the preexisting design, function, and location;" 44 CFR § 10.8 (d)(2)(xvi): - "Improvements to existing facilities and the construction of small scale hazard mitigation measures in existing developed areas with substantially completed infrastructure, when the immediate project area has already been disturbed, .and when those· actions do not alter basic functions, do not exceed the capacity of other system components, or modify intended land use; provided the operation of the completed project will not, of itself, have an adverse effect on the quality of the human environment. AGENDA · zx xBx JUN 2 6 200i GrOup CATEX'#'s 14-16 1306-FL Page 2 of 3 April15,1997 For 1306-FL, the following criteria must also be met to qualify for this exclusion: 1. Documentation that no extraordinary circumstances, as defined in 44 CFR § 10.8 (d)(3), exist in relation t° the action. 2. 'All required State and/or Federal wetlmads, waterways, stormwater, water quality, and other letters or permits have been obtained or will be obtained before project work starts. 3. The action will not notably change the hydrology or hydraulics upstream or downstream from the project site. , ' 4. No State- or Federally-listed threatened or endangered species are present or use the habitat ' in the project area. The structure must remain substantially within the existing footprint and conform to standard industry practices for design and construction. 6. The work must remain within the previous horizontal and vertical limits of disturbance. al-la there is low of unknown cultural 7.No knoWn cultural resources are present a probability resources. o 10. If the structure is listed or eligible to be listed on the National Register of Historic Places, the applicant must consult with the State Historic Preservation Officer before initiating work. Hazardous or toxic materials, if present, are at levels within the regulatory limits not triggering action by Federal, State or local laws or_r:~.._gulations. (Household hazardous waste meeting the definition set forth at 40 CFR is to be handled in a manner which meets all the Federal, State and local laws and regu. lations.) The presence of any condition or any material on site, that is regulated, is to be managed, handled and disposed of in accordance with Federal, State and local laws and regulations (e.g., underground tanks, asbestos, septic tanks). For each action proposed under this Group Categorical Exclusion (CATEX), send either extracts of or ~he ~ntire project file to the FEMA Region IV Regional Environmental Officer (REO). The materials that are sent should include the prOject location, nature and method of work, and certification (letters, permits, etc.) that each of the above criteria have been met. Upon review and approval, the REO will append this Group CATEX and the action will be deemed to have fulfilled the requirements of National Environmental Policy Act and may be funded if otherwise eligible. JUN 2.6 2001 Group CArEX #'s 14-16 1306-FL Page 3 of 3 April 15, 1997 Group CATEX Approved: Regional Environmental Officer Date Brett Bowen Prepped By Date: 8123100 This Group Cate2orical Exclusion applies to HMGP #1306-000'~:-Florida,DCA:,Florida Hurricane Evacuation Shelter Retrofit Proiect (THIS CATEX IS ONLY VALID FOR STRUCTURES LESS THAN 49 YEARS OLD~ ~illian~ R.(..S~raw - Date Environmental Officer " Exhibit lc AGENDA ITEM , ./"'. ! No. [I,~T k JUN 2 6 2001 Attachment B Program Statutes and Regulations The parties to this Agreement and the Hazard Mitigation Grant Program (I-IMGP) are generally governed by the following statutes and regulations: (1) (2) (3) (4) (5) The Robert T. Stafford Disaster Relief and Emergency Assistance Act; 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25,206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents; State of Florida Administrative Plan for the Hazard Mitigation Grant Program; Hazard Mitigation Long-term Recovery Guidance; and All applicable laws and regulations delineated in Attachment D of this Agreemem AOENDAJTEM No. t ~ . J' _l JUN 2 6 2001 Attachment C Federal Lobbying Prohibitions The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RECIPIENT BY: Signature Type Name and Title JUN 2 6 201:)1 .. Attachment D Statement of Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Recipient hereby assures and certifies that: (a) It possesses legal authority to enter into this agreement, and to execute the proposed program; (b) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the hazard mitigation grant agreement with the Department, including all understandings and assurances contained therein, and directing and authorizing the Recipient's chief ADMINISTRATIVE officer or designee to act in connection with the application and to provide such additional information as may be required;. '. (c) No member of or delegate to the Congress of the United'States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Recipient or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. The Recipient shall incorporate or cause to be incorporated, in all such contracts or subcontracts a proVision prohibiting such interest pursuant to the purpose state above; (d) All Recipient contracts for which the State Legislature is in any part a funding source, shall contain language to provide for termination with reasonable costs to be paid by the Recipient for eligible contract work completed prior to the date the notice of suspension of funding was received by the Recipient. Any cost incurred after a notice of suspension or termination is received by the Recipient may not be funded with funds provided under this Agreement unless previously approved in writing by the Department. All Recipient contracts shall contain provisions for termination for cause or convenience and shall provide for the method of payment in such event; (e) It will comply with: (]) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a D-I- III I AGIENDAtTEM '"[P~'- ~,~'No..]UN [ 2 (''' 6 ,tT--\ 2001 (f) (g) work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wag~, and also that they be paid one and one-half times their basic wage rates for all hour~ worked in excess of the prescribed work-week. It will comply with: (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives Federal f'mancial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Recipient, this assurance shall obligate the Recipient, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship;' The Recipient agrees to comply with the Americans With Disabilities Act (Public aw 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local gove .rnment services, and in telecommunications; D-2 JUN 2 6 2001 (h) (i) (J) (k) (1) (m) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 which outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; It will comply with the provisions of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities of employees; It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as ~-a condition for the receipt of any Federal financial assistance for construction or acquiSition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided .under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; It will, in connection with its performance of environmental assessments under the National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. D-3 AOEND& ITEM No. !~, ...~\ JUN 2 6 2001 (3) (4) (5) Abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. When any of Recipient's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800. (2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recondition measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. A(3ENDAJTEM No. JUN 2 6 P~. (n) (o) If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties". Recipient shall forward information regarding the treatment- plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do not object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an HMGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that may be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction may affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. It will comply with Title iX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681~1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; D-5 A~ENDA..ITEM N,. JUN 2 6 2001 Pg. ~ (q) (r) (S) (t) (u) (v) (x) (y) (z) (aa) (bb) It will .comply with 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; ~.. It will comply with Title VIII of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sale, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; It will assist the awarding agency in assUring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination; D-6 AGENDA ITEM JUN 2 6 200! (cc) (dd) (ee) (fi) (gg) (ii) (JJ) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; It will comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; It will comply with the following Executive Orders: EO 11514 (N'EPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; It will assure project consistency With the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. With respect to demolition activities, it Will: Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. Remm the property to its natural state as though no improvements had ever been contained thereon. Furnish documentation of all qualified personnel, licenses and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: Safety Hazards Present Health Hazards Present Hazardous Materials Present JUN 2 6 2001 Po. o = o 10. 11. 12. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. Leave the demolished site clean, level and free of debris. Notify the Department promptly of any unusual existing condition which hampers the contractors work. Obtain all required permits. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed along with the number of wells and septic tanks located on each site. Provide documentation of closures. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act (42 U.S.C. 1857 (h), Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 CFR Part 15 and 61). This clause shall be added to any subcontracts. Provide documentation of public notices for demolition activities. D-8 AI3ENDA ITEM · JUN 2 B 20(11 Attachment E FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY 'MANAGEMENT Request for Advance or Reimbursement of Hazard Mitigation Grant Program Funds SUBGRANTEE NAME: Collier County ADDRESS: CITY, STATE,. ZIP CODE PAYMENT No: FEMA Tracking Number: 1300-0008 DECLARATION NO: FEMA- 1306-DR-FL DCA Agreement No: 01HM-6L-09-21-15-031 Eligible Amount Obligated Previous Current, DCA Use Only , 100% FEMA Payments Request 100% Approved Comments TOTAL C~T REQUEST $ I certify that to the best of my knowledge and belief the above accounts are correct, and that all disbursements were made in accordance with all conditions of the DCA agreement and payment is due and has not been previously requested for these amounts. SUBGRANTEE SIGNATURE NAME AND TITLE DATE: TO BE COMPLETED BY DEPARTMENT OF COMMUNITY AFFAIRS APPROVED PROJECT TOTAL $ ADMINISTRATIVE COST $ GOVERNOWS AUTHORIZED REPRESENTATIVE DATE APPROVED FOR PAYMENT $ JUN 2 8 2001 ,.37 FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK UNDER THE HAZARD MITIGATION GRANT PROGRAM Applicant Collier County Disaster No. 1306 DCA Agreement No. 01HM-6L-09-21-15-031 FEMA Tracking # 1300-0008 Applicant's Reference No. Date of delivery of DOCUMENTATION Applicant's (Warrant, Voucher, Clahn articles, completion of List Documcntstion (Applicant's payroll, m&teaial out of applicant's stock. Eligible Costs Check, or Schedule No.) work or performance applicant owned equipment and name ofvandor or con.actor) by category and line 100% services, item in the approved project application and give a brief de,~iption of the an'icles or services. TOTAL AGENDA ITEM No. ~/., ~.- ~ JUN 2 6 2001 Attachment F FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT SUBGRANTEE: Collier County PROJECT LOCATION:Retrofit QUARTERLY REPORT FORM Project Number #: 1300-0008 DCA ID #: 01HM-6L-09-21-15-031 DISASTER NUMBER: FEMA-DR-1306-FL QUARTER ENDING: Percentage of Work Completed (may be confirmed by state inspectors): Project Proceeding on Schedule: [ ] Yes [ ] No Describe milestones achieved during this quarter: Provide a schedule for the remainder of work to project completion: Describe problems or circumstances affecting completion date, milestones, scope of work, and cost: Cost Status: [ ] Cost Unchanged Additional Comments/Elaboration: [ ] Under Budget [ ] Over Budget NOTE: Department of Community Affairs (DCA) staffmay perform interim inspections and/or audits at any time. Events may occur between quarterly reports which have significant impact upon your project(s), such as anticipated overruns, changes in scope. of work, etc. Please contact DCA as soon as these conditions become known, otherwise you may be found non-compliant with your subgrant award. Name and Phone Number of Person Completing This Form l" AOENDA ITEM JUN 2 $ 2001 EXECUTIVE SUMMARY AWARD BID NO. 01-3212 FOR THE PURCHASE OF MEDICAL EQUIPMENT FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT OBJECTIVE: To procure medical equipment in a cost-effective manner through the award and use of term purchase order contracts. CONSIDERATION: On February 23, 2001 the Collier County Purchasing Department sent bid invitation notices to thirty-one (31) vendors for the purchase of sixty-five (65) medical equipment items. On March 28, 2001 bids were publicly tabulated. In evaluating the bids, EMS staff contacted the apparent Iow bidders to verify compliance with the published specifications. In order to maximize the best prices available, EMS staff recommends award of the bid on a line by line basis to the lowest responsive bidder for each item. It is further recommended that the entire bid offerings of each responsive bidder be accepted as secondary suppliers to be utilized in the event of the inability of the lowest responsive bidder to furnish equipment as needed. In such a situation, the next lowest bidder would be contacted, and then the next lowest bidder and so on until needed products could be obtained. Attached is the list of the recommended primary awardees (Attachment A). FISCAL IMPACT: Budgeted funds for these purchases are $42,000 and will increase each year as the volume of EMS services increases. Funds for these purchases are appropriated in EMS Fund 490. GROWTH MANAGEMENT IMPACT: There is no growth management impact AGENDA ITEM 2 2001 Pg. I RECOMMENDATION: That the Board of County Commissioners award Bid No. 01- 3212 to the vendors as recommended herein for the purchase of medical equipment for the Emergency Medical Services Department. SUBMITTED BY: REVIEWED BY: REVIEWED BY: - Coqen'~kl3~'rfe[f'~l~Supply Officer Emergency Services Department Jeffff~, EMS Operations Director Emergency Services Department ell,'~Director Purchasing Department Date: APPROVED BY: Thomas Storrar, CEM Emergency Services Administrator Date: AC~N D.,~TF...~ No. JUN 2 B 2001 Pfto ~' Emergency Medical Services Award List attachment 01-3212 (Attachment A) Emergency Medical Products 1. cervical collars, stiffneck baby no neck 2. cervical collars, stiffneck pediatric 3. Impact Suction Unit 321GR DC power cord 4. Impact Suction Unit battery 321GR 5. 02 Tank ~D" size w/toggle, Aluminum 6. 02 Cylinder Wrench, Small 7. Pro-lite backboard, #TSS MFG #716, no pins, orange w/"Collier EMS Dept" stencil 8. Reeves Stretcher #SS31011, orange 9. Stethoscope, Pediatric 10. stethoscope eartips, 3M, firm small 1/2" gray for Littman Classic II stethoscope 11. Wire Ladder Splint, 31" x 3 1/2" FIotec 12. Flotec Oxygen Pressure reducer regulator, CGA 540 fitting, 1 DISS outlet, anodized aluminum, Engraved with purchase date and "Collier EMS Dept" 13. Flotec Oxygen regulator, 1 DISS outlet, recessed flow knob, 1 barb, blue, Engraved with purchase date and "Collier EMS Dept" 14. Flotec Oxygen Flow Meter, small knurled knob, Ohio wall fitting, DISS outlets, no checkvalve, 0-25 LPM, aluminum finish, engraved with purchase date and "Collier EMS Dept" 15. Flotec Oxygen regulator, no DISS outlets, recessed flow knob, 0 - 25 LPM, 1 barb, green, Engraved with "Collier EMS Dept" Aero / Medicmaster 16. cervical collars, Ambu ACE adjustable 17. cervical collar carry bag 18. Female Quick Connect, schrader, 1/8" NPT female 19. oxygen DISS male connector 1/8" NPT 20. Head Immobilization Blocks, Sta Blok 21. Hooligan Tool, 30" 22. strap, impervious 2 piece length 5', seatbelt buckle w/end loops, red in color (avail only in orange, yellow, black, blue) 23. Suretemp Thermometer 24 25 26 27 28 29 3O Moore Laryngoscope Storage Case w/Velcro Closures, Orange 02 Cylinder Wrench, Large Safety Glasses seatbelt cutter, 4"xl" stethoscope, Classic II, Blue, Adult Traction splint, Fernotrac #443 Child, w/carrying case and 2 ankle hitches Traction splint, Fernotrac ~444 Adult, w/carrying case and 2 ankle hitches JUN 2 6 2001 Po..3 Armstron~ 31. Broslow Hinkle Pediatric tape Southeastern 32. B/P Cuff'- non invasive Physio Control, Adult 33. B/P Cuff'- non invasive Physio Control, Child 34. B/P Cuff, Infant - non invasive Physio Control 35. ferno cot mattress 36. male quick connect, schrader style, 1/8" NPT male 37. Impact Suction Unit 321GR AC power cord 38. KED with carrying case, Ferno #125 39. strap, one piece, w/delrin buckle, Disposable 9' Emereencv Medical Suoolv 40. B/P Cuff- Orange, Adult 41. B/P Cuff, Child 42. B/P Cuff, Infant 43. B/P Cuff, Large Adult - Blue 44. Ohio Male x 1/8" MNPT adapter 45 HEPA respirator masks, Sm 46 HEPA respirator masks, Med 47 HEPA respirator masks, Lg 48 Impact Suction Unit model 321GR, w/soflpack, A/C & DC power cords 49 impaxt suction unit 321 GR, cordura 50 IV Pressure Infuser, 1000ml 51 kelly forceps, curved 5 1/2" (hemostats) stainless steel 52. Laryngoscope Handle, standard 53. magill forceps, Adult 10" stainless steel 54. magill forceps, Pediatric 8", stainless 55. med chest, Flambeau #PM2273, orange 56.02 bag, Cordura, Green, exterior zippered pockets, exterior 1 1/2" reflective trim, carry handles and shoulder strap, embroidered with "Collier EMS Dept", size 27"1xl 3"Wx9" 57. Pediatric Immobilizer w/case 58. Penlights, Disposable 59. Ring Cutter 60. Scissors, EMT 61. Scoop Stretcher w/3 straps 62. stair chair 63. Thermal reflective blanket, adult size 64. Trauma Bag, Cordura, Royal Blue and Red Colors, two exterior side zippered pockets, exterior 1 1/2" reflective trim, carry handles and shoullder strap, lined w/separations, Embroidered with "Collier EMS Dept" size 22"Lx 11 - 1/2"WxS"D 65. Window (Center) Punch A(3EN DA~T~,tl No. ! I. ~..-'.--~ JUN 2 6 2001 DESCRIPTION I~/P Cuff - non invasive Physio Control, Adult (quote) B/P Cuff - Orange, Adult B/P Cuff, Child B/P Cuff - non invasive Physio Control, Child (quote) B/P Cuff, Infant B/P Cuff, Infant- non invasive Physio Control (quote) B/P Cuff, Large Adult - Blue B/P Cuff, Large Adult - non invasive Physio Control (quote) B/P Cuff, Thigh-non invasive Physio Control (quote) ~roslow Hinkle Pediatric tape cervical collars, Ambu ACE adjustable (check piggyback pdce) cervical collars, stiffneck baby no neck cervical collars, stiffneck pediatric cervical collar carry bag femo cot mattress Flotec Oxygen Pressure reducer regulator, CGA 540 fitting, 1 DISS outlet, anodized aluminum, Engraved with purchase date and "Collier EMS Dept" Flotec Oxygen regulator, 1 DISS outlet, recessed flow knob, I barb, blue, Engraved with purchase date and "Collier EMS Dept" 22.451 6.50 nb nb nb 19.75 nb flotec ~ummilMoore{ nb nb nb nb nb nb nb nb 73.45 .""""" 'i:i!iii~:.~:~iii!I Flotec Oxygen Flow Meter, small knurled knob, Ohio wall tiffing, DISS outlets, no checkvalve, 0-25 LPM, aluminum finish, engraved with purchase date and 'Collier EMS Dept" Flotec Oxygen regulator, no DISS outlets, recessed flow knob, 0 - 25 LPM, 1 barb, green, Engraved with "Collier EMS Dept' Female Quick Connect, schrader, 1/8" NPT female nb male quick connect, schrader sty e ~;i:i; i ! ~!!?-i~?= 1/8" NPT male )hio Male x 1/8" MNPT adapter oxygen DISS male connector 1/8" NPT Head Immobilization Blocks, Sta Blok HEPA respirator masks, Sm HEPA respirator masks, Med HEPA respirator masks, Lg Hooligan Tool, 30" 150.00 nb nb ] nb nb nb nb nb nb nb nb nbI nb EMS EMP ~verReadl 26.27 nb 7.50 nb nb :i:!i!i~!5~ ii i 9.60 9.60 nb nb nb nb nb nb nb nb nb nb nb nb nb nb nb nb 119.13 AGEND~ IT.EM JUN 2UO1 DESCRIPTION f SE I Aero Iflotec~ummitMoore EMS EMP ~verReadt ARM Impact Suction unit 321GR AC .... 22.33 )ower cord iiiiiii;iiiii'?~ i?: i:.! ii 24.40 nb nb nb 33.20 nb nb Impact Suction Unit 321GR DC 8 x)wer cord 24.15 8.20 nb nb nb .25 ~!~::.i~;;~:~3::i~;!~!:~:. nb nb Impact Suction Unit battery 321GR 62.95 62.20 nb nb nb 57.48 ?ii!i~.i.:i.i nb nb Impact Suction Unit model 321GR, w/,o,bac~,~c~o~ ~ercords 515.00 ,.9.00 nh ,h nh ~!~?. 470.69 impaxt suction unit 321 GR, cordura bag 52.95 nb nb nb nb i:~:~i~;~: 47.86 nb nb IV Pressure Infuser, 1000mi 63.20 63.00 nb nb i nb i!~:i~.i: 58.49 71.55 nb KED with carrying case, Femo :.:~!~:!'~:.~ ~:i?:~ ?::~:'~: , #125 ::i~:?i~:~i~ii+!i 117.00i nb nb i nb i...~.:!..~:.!..~.. 118'63i nb nb (hemostats) stainless steel 1.60 nb 1.45 2 20 0.85 1.50 nb Laryngoscope Handle, standard 11.36 I 10.80 nb nb I 1~.06 iii;ii~i;i?i 10.62 18.00 ' nb Laryngoscope Storage Case w/ Velcro Closures, Orange nb i 23.00 nb nb ii~:~:i::~,6S;:;; nb I; nb nb nb magill forceps, Adult 10" stainless I stee, 3.00 3.60 ,h 5.754.41 ~ii?~i~.;~i: 2.45 8.00 imagill forceps, Pediatric 8', ,lainless 3.00 3.60 nb 4.95 4.41 2.45 6.00 nb med chest, Flambeau #PM2273, I orange 52.40 84.00 nb nb 53.65 iiii~:~201 74.611 71.00 I nb Nitrono× Field Model Nilmus Oxide !~ Unit w/'A~ size cyl rider (quote) nl~ nh ! nb : nh nl~ nh 02 Tank "D" size w/toggle, [ I I ! !~i!::ii::!:.i:!i ~:.i:~:.!:::: nb nb Aluminum 60.55 69.75 i nb I nb I 62.291 55.35 ~i~ii~?{~:.::;i 65.00 nb 02 bag, Cordura, Green, extedor I I I ~.iiii!i~iiiiii?~ii~:iiiiiiiiill zippered pockets, extedor 1 1/2" I ! reflective tdm, carry handles and [ ::iiii[~=.ii:~:~i:ii~iiiii~. :-i: shoulder strap, embroidered with , 'Co,~er EUS Oept". s~ze I 27"lx13"Wx9" nb 115.00 nb ! nb i nb ii?~t~Sii:, nb nb nb 02 Cylinder Wrench, Large I 4.86 3.65 nb ! nb :~:.ii?:~;~?.:~......~;~ .... 4.00 nb 02 Cylinder Wrench, Small I 1.86 I 0.80 nb nb i 2.44 I 0.49 i!::i:=ii':~[~5;=iiiii 2.00 nb Pediatdclmmobilizerw/case [178.00 nb nb I nb i nb ;i;i;~i!!:: ............. ~?':i 280.00 nb Penlights, Disposable i 0.78 5.00 nb i nb i 4.30 ::i!'~: 4.23/6 nb nb Pro-lite backboard, #TSS MFG #716, no pins, orange w/"Collier ~ ~e~t'stenci, ! 139.00 1..00 nh nh nh nh iii~;~:.! Reeves Stretcher #SS31011, I orange I 309.s0 172.00 nh ,h i176.28 185.00 ;~:i~!~ ,~ 1~.~5 Ring Cutter ! 4.95 7.25 nb 9.25 i6.75 iii~ii~:=ili~::.:=i 2.75 12.00 nb Safety Glasses I nb 14.00 nb nb !ii~i~!i:,; ~;84 'i 1.59 nb nb Scissors, EMT 3.65 1.65 nb 2.55 1.29 3.00 nb Scoop Stretcher w/3 straps 372.30 376.50 nb nb J.:~.~:?0. ii:!!~;~i::i 388.30 465.00 nb seatbelt cutter, 4"x1" nb nb nb nb ii!!~i;;i~ .. ~ ~ nb NB I nb stair chair [ 563.00 564.00 nb nb nb ii~5;; 588.25 699.00 i nb ii!~:~::~:=:: 55 10 49 75 nb nb stethoscope, Classic II, Blue, Adult 53.15 nb nb 54.88 Stethoscope, Pediatric ~ nb 5.75 nb 5.60 4.51 ~ 4.89 ~i:=i!~ii: nb nb AGENDA_ITEM JUN 2 6 2001 pg. DESCRIPTION SE r Aero ~flotec~ummitMoore EMS i EMP IverRead~ ARM ste~--thoscope eartips, 3M, firm small ' ' 1/2" gray for Littman Classic l, stethoscope 37.93 nb nb nb 5.60 nb :ii iiiiii~ ~ i~.:;i!; i i nb I nb strap, one piece, w/deldn buckle, ~:iii!!!!ii!!:~ :' !i?i: Disposable 9' iiii?:i;12i45:::..:~.i~ 2.70 nb nb 2.59 2.50 2.53 3.75 nb strap, impervious 2 piece length 5', sealbe,t buck,e w, end ,oops, ~ ,n color (avail only in orange, yellow, black, blue) 6.05 i!iiii!iiiiii~i~iiiiii::i!i'iii nb nb 7.65 6.50 6.63 12.00 nb SuretempThermometer 181.00 :.!i!~i~ii!iii nb 192.00 193.53 203.50 nb nb nb Thermal reflective blanket, adult ":::::::::::::::::::::::::::::::: size 3.15 2.00 ' nb nb 1.70 i~iiiii;!i!i~iii:i; 5.15 ! 1.25 nb Traction splint, Femotmc #443 ~ Child, w/carrying case and 2 ankle ::::::::,:::::: :::::::: hitches 203.60 208.00 nb nb ii~3~::~i 199.90 212.39 98.00 i nb Traction splint, Femotrac #444 i ankle ....... Adult, w/carrying case and 2 h~c~es 203.60~ 206.00 nb nb!~!ii~ 199.90 212.3~ 95.001 nh andTraumaRed Bag,colors,COrdura,two extedor Royal sideBlUe I ~ ............ reflective tdm, carry handles and i w/separations, Embroidered with I "Collier EMS Dept" size 22"Lx11- i I t I/2"Wx8"D nb nb 'nb nb nb ?iii~i~ nb nb [ nb Window (Center) Punch 3.05 2.68 i nb i 7.84 2.71 212 3.00 i nb Wire Ladder Splint, 31"x31/2" i 4.30 ~ 3.50 Ii nb i nb I 3.94 ~ 3.19 i~=:~i~12ii::i 6.50 AGENDA ITEM P~. EXECUTIVE SUMMARY REQUEST AUTHORIZATION FOR THE COUNTY MANAGER TO APPROVE CONSENT AND EMERGENCY AGENDA ITEMS DURING THE BOARD'S SCHEDULED RECESS OBJECTIVE: To authorize the County Manager to approve consent and emergency agenda items during the Board's recess scheduled for July 10, July 24, August 14 and August 28, 2001. CONSIDERATIONS: During past years, the Board has authorized the County Manager to approve items of a routine nature and any emergency items that may arise during the Board's scheduled recess. The County Manager may not approve plats; these must be approved by the Board's Chairman. This process is initiated in order to expedite requests of a routine nature. An accounting of the items which have been approved by the Manager during these times will be presented to the Board of County Commissioners upon their return from their recess and will at that time become part of the official record. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the County Manager to approve consent and emergency items during the above noted absences. Prepared by: /.--(~,,,~, Ju~l~b'~i~e, Executive-Secretary to the County Manager Approved by: = Thon~a~'W~. Olii~,, C~ager APPROVAL OF BUDGET AMENDMENTS BCC Agenda of June 26, 2001 Operating Expenses Personal Services Total: Pelican Bay (Fund 109) Budget Amendment g01-342 $45,000 (45,000) -0- Explanation: Funds are needed to cover costs of contracted temporary labor due to vacancies. General (Fund 001) Health Department Budget Amendment g01-345 Operating Expenses $15,000 Reserves Reserve for Contingencies (15,000) Total: -0- Explanation: Funds are needed to engage the services of a health care financial consulting firm to assist the Health Care Review Committee in its efforts of creating a broad-based community health care program to meet the needs of Collier County. AGENDA ITEM No. /~;&c'9 JUN 2 6 2001 Pg..,i / EXECUTIVE SUMMARY AUTHORIZE THE COUNTY MANAGER TO REDUCE OR WAIVE CERTAIN PUBLIC SERVICE DIVISION AND COMMUNITY TRANSPORTATION FEES FOR LIMITED PROMOTIONAL PROGRAMS OBJECTIVE: To provide reduced rates or free services in an effort to highlight certain County programs. CONSIDERATIONS: During the summer months the County parks, libraries and other programs occasionally run "specials" in order to generate attention and/or participation. Such programs usually include rate reductions along with other creative promotions. Given the Board's summer meeting schedule, it is requested that authority for such special promotional programs be delegated to the County Manager. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this program. FISCAL IMPACT: The fiscal impact of this program will depend on the success of any such program but is expected to be minor in nature and result in longer term off setting increases in program participation. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS authorize the County Manager to reduce or waive certain Public Service Division and Community Transportation fees for limited promotional programs. Prepared by: Thomas W. O~liff,~~ty Manager AGENDA ITEM No. · , ~,~ ,-~ JUN~ ~'~'~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE June 26, 2001 FOR BOARD ACTION: Certificate of Correction: NEED MOTION authorizing the Chairman to sign Certificate of Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 96-975-CFA, 97-309-CFA, 98- 6724-MMA, 97-10249-COA, 85-325-CFA, 85325-CFA, 9900394MMA, 0004107MMA, 83-584TMC, 0001487MMA, 0002980MMA, 99-7086MMA, 0001058MMA, 0004344MMA, 9910341MMA, 9803828MMA, 9909526MMA, 0002830MMA, 0003843MMA, 0004481MMA, 0003777MMA, 9905083MMA, 9908634MMA, 9910076MMA, 0006214MMA, 0005703MMA, 9800171 CFA, 0005858MMA, 9909507MMA, 0004299MMA, 9708520MMA, 9807864MMA, 9900898MMA, 0002211MMA, 9909165MMA, 9910774MMA, 81 - 1465-MM-A-42, 9900895 MMA, 9708884MMA, 0004615MMA, 9800831MMA, 9501693CFA, 9501699CFA, 9501700CFA, 9501701 CFA, 9501488CFA, 0002330MMA, 9900502MMA, RECOMMEND APPROVAL. 3. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: mo 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 23, 2001 through May 29, 2001. 2. May 30, 2001 through June 05, 2001. B. Districts: 1) Cow Slough Water Control District, Budget for fiscal year 2001/2001 and Monthly Meeting and Annual Landowners' Meeting Dates for 2001/2002. 2) The Big Cypress Basin Board of the South Florida Water Management District, Meeting Agenda for May 18, 2001 and Revised Meeting Agenda for May 18, 2001. 3) H:Data/Format Golden Gate Fire Control & Rescue District, Agenda for June 13, 2001 and ~E'N M Agenda for May 9, 2001. NO._._~ _ JUN 2 6 2001 4) Ochopee Fire Control District Advisory Board, Minutes of November 1, 1999. C. Minutes: 1). Rural Lands Assessment Area Oversight Committee, Agenda for June 6, 2001 and Minutes of May 21, 2001 Minutes of January 22, 2001 and Minutes of March 26, 2001. 2) Bayshore Beautification Advisory MSTU, Minutes of April 4, 2001 and Minutes of May 1, 2001 and Minutes of May 2, 2001 and Agenda for June 6, 2001. 3) Collier County Planning Commission, Agenda for June 7, 2001 and Minutes of May 3, 2001 and Agenda for May 3, 2001 and Minutes of April 5, 2001 and Minutes of April 19, 2001 and Agenda for May 17, 2001 and Minutes of May 9, 2001. 4) Rural Fringe Area Assessment Oversight Committee, Agenda for June 13, 2001 and Minutes of May 23, 2001 and Minutes of May 30, 2001 and Minutes of April 25, 2001 and Agenda for May 9, 2001 and Minutes of April 11, 2001 and Minutes of March 21, 2001 and Meeting Notice for May 9, 2001 and Meeting Notice for Committee on June 13,2001 and Meeting Notice for Property Owners on June 13, 2001. 5) Collier County Airport Agenda for June 11,2001 and Minutes of May 14, 2001 and Agenda for May 14, 2001 and Minutes of April 9, 2001. 6) Pelican Bay MSTBU Advisory Committee, Agenda for June 6, 2001 and Memorandum # 1 regarding Ordinance #90-111 and Memorandum #2 regarding Reactions and Suggestions to Improve Operations. 7) Emergency Medical Services Advisory Council, Agenda for April 25,2001 and Agenda for June 27, 2001 and Minutes of May 29, 2001 and Minutes of March 28, 2001 and Agenda for May 29, 2001. 8) Lely Golf Estates Beautification Advisory Committee, Agenda for May 11, 2001 and Minutes of April 12, 2001. 9) Collier County Historic and Archaeological Preservation Board, Minutes of April 20, 2001 and Agenda for May 18, 2001 and Agenda for June 15, 2001. H:Data/Format 10) 11) Parks and Recreation Advisory Board, Agenda for May 16, 2001. Collier County Library Advisory Board, Agenda for :,~j 2.~ a_r~af ..... Etq Minutes of April 25, 2001. JUN 2 6 2001 12) Collier County Contractors' Licensing Board, Agenda for May 23, 2001. 13) Environmental Advisory Council Agenda for June 6, 2001 and Minutes of April 25,2001 and Minutes of May 2, 2001. 14) Coastal Advisory Committee Meeting Notice on June 7, 2001. H:Data/Format AGE ~II~A ~-T, EM No. ll_~]l_ ,, JUN 2 6 2001 EXECUTIVE SIIMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS UPDATE A DOCUMENT FOR FIFTH YEAR STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP) GRANT FUNDS. OBJECTIVE: To seek consent from the Board of County Commissioners for an updated signatory approval letter for fifth year State Criminal Alien Assistance Program (SCAAP) grant funds due to change in Board Chairman subsequent to the last submitted letter. CONSIDERATION: On June 13, 2000 former Board Chairman Timothy J. Constantine designated Sheriff Don Hunter as the signing official and contact person for fourth year State Criminal Alien Assistance Program (SCAAP) funding. When the Board Chair changes, a revised letter needs to be executed. An updated letter needs to be signed by the current Board Chairman. FISCAL IMPACT: Potential award of funds is for costs associated with incarceration of aliens. This would be an outright award with no required local match or other expenditure. gROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMMENDATION: That the Board of County Commissioners approve the updated signatory letter from the current Board Chairman for fifth year State Criminal Alien Assistance Program (SCAAP) funds. PREPARED BY: Crys~'K. Kinz~l, Finance DireCtor APPROVED BY: DATE: Don~unter. ~ 'ff June 6, 2001 a:xs.s5 AGENDA ITF'I~ ....... JUN 2 6 2001 Pg._ Donna Fiala District 1 James D. Carter, Ph.D. District 2 Tom Henning District 3 Pamela S. Mac'Kie District 4 Jim Coletta District 5 3301 East Tamiami Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 June 26, 2001 SCAAP 2001 Bureau of Justice Assistance Control Desk 633 Indiana Avenue, NW Washington, DC 20531 Re: Designated Official For SCAAP application Ladies and Gentlemen: Pursuant to a Bureau of Justice Assistance (BJA) State Criminal Alien Assistance Program(SCAAP) compliance requirement, as the Chairman of the Collier County Board of Commissioners, I approve and designate Don Hunter, Sheriff, Collier County, Florida, or any future holder of that office as the signing official and contact person for application for SCAAP funding. Sincerely, James D. Carter Ph.D., Chairman Collier County Commission a:ssdel5 Approvsd as to form & lega~ suf~.~- AGEND~~ No. ,, . I JUN 2 6 2001 pc.. 2. ITEM NO:5 FILE NO.: ROUTED TO: DATE RECEIVED: DO NOT WRITE ;%BOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) Date: June 6, 2001 To: From: Re: Office of the County Attorney Attention: Thomas Palmer, Esq. Crystal K. Kinzel (Name Finance Director (Title) Sheriff's Office Finance Division (Division) (Department) State Criminal Alien Assistance Grant Program ( Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background inforraation - be specific, concise, and articulate). Sheriff Don Hunter is seeking fifth year State Criminal Alien Assistance Program (SCAAP) grant funds. Former Board Chairman Timothy J. Constanti- signed the last signatory delegation letter. When the Board Chairm~ changes, a new delegation letter needs to be submitted to the grantor. Approval from the Board is being sought to have an updated letter signed by the current Board Chairman. The Executive Summary and designation letter are attached for your approval. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes - last year's executive summary and delegation letter. THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of the delegation letter. OTHER COMMENTS: CC: Don H~nter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer.) jh/a:scleS AGENDA ITEM No.. JUN 2 § 200 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT FOR THE UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, LOCAL LAW ENFORCEMENT BLOCK GRANT PROGRAM, ACCEPT TEE GRANT WHEN AWARDED AND APPROVE APPLICABLE BUDGET AMENDMENTS. OBJECTIVE: To seek approval from the Collier County Commission to designate the Sheriff as the official applicant for the United States Department of Justice 2001 Local Law Enforcement Block Grant Program funds, accept the grant when awarded and upon an award approve applicable budget amendments. CONSIDERATION: The Collier County Sheriff's Office has participated in anti-crime grant programs for thirteen years. 2 0 This sixth year program is for the implementation of the Local Law Enforcement Block Grants Program for Fiscal Year 2001, to be administered by the United States Department of Justice, Bureau of Justice Assistance. The purpose of the Local Law Enforcement Block Grants Program is to provide funds to underwrite projects to reduce crime and improve public safety. 4 o The United States Department of Justice has appropriated $299,283 to Collier County to be used for purposes of the Local Law Enforcement Block Grants Program. The Sheriff's Office application will request $299,283 to procure currently unfunded technical equipment. Law enforcement equipment directly related to basic law enforcement functions is an authorized program purpose. The Bureau of Justice Assistance has implemented an Internet-based system to support the Local Law Enforcement Block Grants Program application for Fiscal Year 2001. Fiscal year 2001 Local Law Enforcement Block Grant Program applications must be completed on line. The formal designee of the eligible jurisdiction is allowed to apply for funding. In order to streamline procedures to save Board of County Commission time and to reduce paperwork and personnel time in processing executive summaries, an all inclusive request is being made for grant application/award procedures. 10. Board approval is needed for: designation of the Sheriff as the official applicant for the fiscal year 2001 Local Law Enforcement Block Grant Program funds; Board Chairman James D. Carter, Ph.D. or in his absence, County Manager Thomas W. Olliff, to respond to the Bureau of Justice Assistance's on line request to confirm the Sheriff as the official applicant; acceptance of the gr~ ~DAiTE~ ..... awarded; and approval upon an award of applicable budget am ndmemts. JUN 2 6 001 FISCAL IMPACT: Ten (10%) percent ($33,254) local matching funds are available from the Sheriff's Office fiscal year 2002 operating budget request for equipment. GROWTH MANAGEMENT: No recurring costs for subsequent years. RECOMMENDATION: That the Collier County Commission agrees to designate the Sheriff as the official applicant for the United States Department of Justice, Bureau of Justice Assistance, fiscal year 2001 Local Law Enforcement Block Grant Program funds, that the County's Chief Executive Officer respond to the Bureau of Justice Assistance's on line request to confirm the Sheriff as the official applicant, accept the grant when awarded, and upon an award approve applicable budget amendments. PREPARED BY: APPROVED BY: DATE: Crysta~ K. Kinzel, Finance Director ' AGENDA ITEM No. JUN 2 6 2001 ITEM NO: /'ff OI R. OUT~ED TO: DATE RECEIVED: Date: June 6, 20010 DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES (Please type or print) To: Office of the County Attorney, Attention: From: Crystal K. Kinzel~~ , Finance Director (Name) v,- ¥~ (Title) Sheriff's Office (Division) Re: Thomas Palmer, Esq. Finance Division (Department) U.S. DOJ (BJA) 2001 Local Law Enforcement Block Grant Application (Subject) BACKGROU1FD OF REQUEST/PROBLEM: (Describe problem and give background info~ation - be sDecific, concise, and articulate). Board approval is needed to designate the Sheriff as the official applicant i fiscal year 2001 Local Law Enforcement Block Grant Program (LLEBG) funds. The Boara Chair or in his absence, the County Manager will be asked by the Bureau of Justice Assistance to respond to an E-mail query as to this designation since the application must be completed on line. Board approval is being requested for either the Chair or County Manager to respond to the BJA request. In order to streamline procedures to save Board time, to reduce paperwork and personnel time in preparing executive summaries, an all inclusive Board request is being made for the grant application/award procedures. Approval is also being sought for acceptance of the 2001 LLEBG award and approval, upon an award, of applicable budget amendments. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of request. OTHER COM/4ENTS: C: Don Hunter, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer. jh/a: lel16 AGENDA ITEM No. ,, II J UN 2 6 200 pg., 3 ...... EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF AN OFFER OF JUDGMENT TO RESPONDENTS, JOSE AND JENNY REY, FOR PARCEL 10lB IN THE AMOUNT OF $10,058.00 IN THE LAWSUIT STYLED COLLIER COUNTY V.. JOSE L. REY, ET AL., CASE NO. 99-3683-CA. (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to 73.032 Fla. Stat. to Respondents, JOSE AND JENNY REY, in the amount of $10,058.00 as full compensation for the condemnation of Parcel No. 10lB in Collier County v Jose L. Rey, et al., Case No. 99-3683-CA. CONSIDERATIONS: On January 7, 2000, a Stipulated Order of Taking was entered in Collier County Circuit Court regarding the acquisition of this easement for the roadway improvements to Golden Gate Boulevard between C.R. 951 and Wilson Boulevard (Project No. 63041). On January 20, 2000, Collier County deposited with the Registry of the Court the sum of Six Thousand Seven Hundred Dollars ($6,700.00) for Parcel No. 10lB in accordance with the Stipulated Order of Taking. The Offer of Judgment, a copy of which is attached, offers the property owners of this parcel, Jose and Jenny Rey, the sum of $10,058.00 as full compensation for the property taken, including any severance damages, business damages, and costs to cure. This figure takes into account the basis for the appraised value and the potential risks in proceeding to trial. The making of the Offer of Judgment will require the property owner to carefully assess its claim for compensation. Jose and Jenny Rey will have thirty days from the date of mailing the offer to accept. If they accept, the County will be required to deposit an additional $3,358.00 into the registry, and the total sum of funds on deposit, or $10,058.00, will be paid to Jose and Jenny Rey by Stipulated Final Judgment of the court. If Jose and Jenny Rey reject the offer, and fail to recover more than $10,058.00 for Parcel 10lB, either through settlement or jury verdict, the County will not be required to pay any costs incurred by Jose and Jenny Rey after the date of the offer's rejection. This would include any expert witness fees, such as appraisal fees, and attorneys fees. The County Attorney's Office has reviewed all considerations in making an Offer of Judgment and has calculated in good faith this offer of full compensation for the property interests taken. This office considers the terms of the Offer of Judgment to be reasonable. FISCAL IMPACT: Funds in the amount of $3,358.00 are available in the Golden Gate Boulevard (CR 951/Wilson Blvd.) ~ Project No. 63041. Source of funds are Road Construction Gas Taxes. NO. t jun 2 6 2001 GROWTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. SUBMITTED BY: Approve the terms of the Offer of Judgment and authorize its service on Respondents Jose and Jenny Rey; and Approve the expenditure' of funds as stated; and Authorize $3,358.00 to be paid into the Registry of the Court in the event the Offer of Judgment is accepted by Jose and Jenny Rey; and Approve a Stipulated Final Judgment based on the acceptance of the Offer of Judgment. ~xJXxg ' ~ ~'q~ Date: ~ I"~] {C)I Heidi F. Ashton Assistant County Attorney REVIEWED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: A.N. Korti, Project Manager Transportation Engineering & Construction Management Mitch Riley, P.E., sr.~'f'6ject Manager Transportation Engineering & Construction Management Steve Miller, P.E., Director Transpo.rtation Engineering & Const~?tion Management $or~m'~er,~Ad minlstrator David C. Weigel ~ ff-,) County Attorney Date: ~/~'/o / Date: ¢1~'/Dt Date: ~/~/o / Date: ~//~/ Date: h:Lit~X~eyXExecutive Summary 10 lB (O J) 2 JU~ 2 6 2001 Pg..~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner VS. JOSE L. REY, et al., TO: Respondents. Case No.: 99-3683-CA Parcel No.: 10lB PETITIONER'S OFFER OF JUDGMENT William A. Keyes, Esq. STUART & KEYES P. O. Drawer 790 Ft. Myers, FL 33902-0790 Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the Respondents, JOSE AND JENNY REY, for all compensation, including severance damages, business damages, costs to cure, together with the value of the taking, and any other claims of Respondents, JOSE AND JENNY REY, arising out of the taking of Parcel 10lB, in the total amount of Ten Thousand Fifty Eight and No/100 Dollars ($10,058.00) for Parcel 10lB, which includes the $6,700.00 previously deposited pursuant to the Stipulated Order of Taking. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include interest from the date of the Order of Taking or attorneYs fees and costs. AGF. I~)A ~ jur 2 6 2001 3 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of ,2001. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 Attorney for Collier County CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by regular U. S. Mail, postage prepaid, to William A. Keyes, Esq., STUART & KEYES, P. O. Drawer 790, Fort Myers, Florida 33902-0790; E. Glenn Tucker, Esq. RHODES & TUCKER, P.O. Box 887 Marco Island, FL 34146 and Suncoast Schools Federal Credit Union 6801 E. Hillsborough Ave. Tampa, FL 33610 on this __ day of June, 2001. h:LiflEmDomain\GG\Rey\Offer of Judgment 101 B HEIDI F. ASHTON, ESQ. durq 2 6 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. JOSE L. REY, et al., Petitioner Respondents. Case No.: 99-3683-CA Parcel No.: 10lB NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT COMES NOW the Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney, as to Parcel 10lB in the above-styled cause, and file this Notice of Service of Petitioner's Offer of Judgment to the Respondents, JOSE AND JENNY REY. I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished via regular U.S. Mail this day of ,2001, to William A. Keyes, Esq., STUART & KEYES, P. O. Drawer 790, Fort Myers, Florida 33902-0790; E. Glenn Tucker, Esq. RHODES & TUCKER, P.O. Box 887 Marco Island, FL 34146 and Suncoast Schools Federal Credit Union 6801 E. Hillsborough Ave. Tampa, FL 33610. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephone (941) 774-0225 - Facsimile BY: HEIDI F. ASHTON Florida Bar No. 0966770 Attorney for ~o~~itfft~l NO. b I JUra 2 6 2001 pg., .~'"'- EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 136 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. FRANK V. KRALIK, TRUSTEE, OF THE FRANK V. KRALIK REVOCABLE TRUST DATED FEBRUARY 14, 1998, ET AL., (PINE RIDGE ROAD PROJECT NO. 60111) 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 136 for the Pine Ridge Road project in the lawsuit entitled Collier County v. Frank V. Kralik, Trustee of the Frank V. Kralik Revocable Trust datedFebruary 14, 1998, et al., Case No. 00-0140-CA. CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Pine Ridge Road project (Project No. 60111). On April 20, 2000, Collier County deposited with the Registry of the Court the sum of $8,000.00 for Parcel 136 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlemem agreement whereby the property owners, Ann C. Brine, Karen S. Brine, William H. Brine, III, Peter J. Brine, The Coughlin Brine Irrevocable Trust, Ronald W. Ragge and Natalie Ragge, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-228). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $11,977.50 to be paid to the Respondems as full compensation for the property rights taken as to Parcel 136, and $1,576.58 to be paid to David W. Rynders, Esq. as attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $5,554.08 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. FISCAL IMPACT: Funds in the amount of $5,554.08 are available from road construction gas tax funds. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. AGEND,~. ITEM .~ no. 6ccl jur 2 6 2001 Pg. ~- RECOMMENDATION: That the Board of County Commissioners: approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; and direct staffto deposit the sum of $5,554.08 into the Registry of the Court. SUBMITTED BY: REVIEWED BY: H~idi l~.-.~s~ton - - Assistant County Attorney el, Project Manager CM Date: Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Date: REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation/ECM ;nA~i&~?0t~nt°r David C. Weigel County Attorney h:Lit~EmDom~dik~ExSum-P3 6 SFJ Date: Date: Date: JUI~I. 2 6 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the state of Florida, Petitioner, VS. FRANK V. KRALIK, TRUSTEE of the Frank V. Kralik Revocable Trust Dated February 14, 1998, et al. Respondents. CASE NO.: 00-0140-CA PARCEL: 136 STIPULATED FINAL JUDGMENT come before the Court upon Joint Motion made by Petitioner and THIS CAUSE having Respondents, ANN C. BRINE, KAREN S. BRINE, WILLIAM H. BRINE, III, PETER J. BRINE, THE COUGHLIN BRINE IRREVOCABLE TRUST, RONALD W. RAGGE, and NATALIE RAGGE, for entry of a Stipulated Final Judgment as to parcel 136, 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, ANN C. BRINE, KAREN S. BRINE, WILLIAM H. BRINE, III, PETER J. BRINE, THE COUGHLIN BRINE IRREVOCABLE TRUST, RONALD W. RAGGE, and NATALIE RAGGE, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that the Respondents, ANN C. BRINE, KAREN S. BRINE, WILLIAM H. BRINE, III, PETER J. BRINE, THE COUGHLIN BRINE IRREVOCABLE TRUST, RONALD W. RAGGE, and NATALIE RAGGE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Eleven Thousand Nine Hundred Seventy Seven and 50/100 Dollars ($11,977.50) for parcel 136 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcels, it is further ORDERED that the firm of David Rynders, Attorney At Law, shall recover One Thousand Five AGENDA Il'EM Hundred Seventy Six and 58/100 Dollars ($1,576.58) NO. ~ JUra 2 6 2001 ORDERED tha~ the Petitioner shall deposit the sum of Five Thousand Five Hundred Fifty Four and 08/100 Dollars ($5,554.08), subject to the approval of the Board of County Commissioners, into thc registry of this Court within 45 days from thc date of thc Stipulated Final Judgment, which represents the sum of Eleven Thousand Nine Hundred Seventy Seven and 501100 Dollars ($11,977.50) as the settlement proceeds for parcei 136, and One Thousand Five Hundred Seventy Six and 58/100 Dollars ($1,576.58) for attorney fees; and it is further ORDERED that the Clerk of this Court shall disburse the sum of Thirteen Thousand Five Hundred Fifty Four and 08/100 Dollars ($13,554.08), less any amounts previously paic[, to David W. Rynders Trust Account, and forward same e/o David W. Rynders, Esquire, '305 Wedge Drive, Naples, Florida 34103. Upon receipt, David W. Rynders Trust Account shall distribute said sum in accordance with the provisions of this Stipulated Final Judgment. The sum due Respondents, ANN C. BRINE, KAREN S. BRINE, WILLIAM H. BRINE, III, PETER J. BRINE, THE COUGHLIN BRINE IRREVOCABLE TRUST, RONALD W. RAGGE, and NATALIE RAGGE, is subject to the interest of Avatar Properties, Inc., if any, and it is further ORDERED that title to parcel 136, fee simple, as being fully described in Exhibit "A" at~ched hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated April 5, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; and it is further ORDERED that no other attorney fees or costs shall be awarded in connection with the above- styled cause of action as it relates to Parcel 136; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of June, 2001. Circuit Court Judge 2 AGENDA ITEM , jur 2 6 2001 pg. /.../L SENT BY:Xerox Telecopier 7021 ; 6-14-01 ; 4:16PM ; dOE FZXEL~ g4177¢0225;~ t .JO .II,iT MOTION FOR STIPULATED F'i~AL J-LH)G:MENT Pelti~ mi R~oadml~, ~ C. B~ KAR]~ S. BIUN~ WII/,IAM H. B1UNE, i PETER J. ~ THBI COUGI~_~_~q BRINE IRI/EV~ TI~UST, RON.AI~I~ W. RAGGE, ami Nlari~ hr #129235 305 W~I~ Dfiva Napl~, Fimid~ 34103 Telepitoue ~ui 1) F~imilo (941) 434~31 fi, 211 South Gadsdm Stmet · lY. trpho~: (SSO) 3301 ~ T~ T~ N~, ~ 34112~9~ 3 Jur 2 6 2001 pg._ ~ _ PUBLIC"WORKS ENGINEERING DE~'PARTMENT 3301 EAST T,~,MIAMI TRAIL NAPLES, FLORIDA 34112, (941) 774-8192 _LEGAL DESCRIPTION (NOT A SURVEY) PROJECT No ...................... PROJECT PARCEL NO ............. /.~.~,. TAX PARCEL NO;3,,~.~.~,.7.~.~,.Q.Q.Q.~' ........ fee ~imple bicla A POI~.TION OF T.rLACT 101~ OF THE PLAT TIIEREOF, GOLDEN GATE ESTAT£S UNIT 35 AS R~ECORDED 1N PLAT BOOK 7, PAGE 8~, OFT~ PUBLIC ~CO~S OF COLL~EE CO~, ~O~DA, AND BEING ~O~ P~TICUL~y DESC~9ED AS FOLLOWS; CO~NCING AT ~ SO~AST CO~EA O~ S~JON ?, TO.SHIP 49 SO~, 26 EAST. COLLIE~ CO~, FLO~DA; ~NCE SO~H ~9 DEG~ES 37 ~S 34 SECO~S ~ST ~ONG ~ SO~ LINE OF SAID SE~ION 7, A DIST~CE OF 899,41 FEET; ~NCE NORTH 0 DEG~ES 26 MIN~ES 42 SECONDS ~ST, A DISTANCE OF 116.42 FE~ TO ~E POINT OF BEGINNING; THENCE COOl.lNG NOR~ ~ONG S~ LI~ ~D T~ ~ST LINE OF SAID T~CT 108, A DIST~CE OF 21.16 FEET; ~NCE NORTH 70 DEG~ES 30 MIN~ES 38 SECO~S EAST, A DIST~CE OF 60.35 ~ET; T~NCE NOR~ 36 DEG~ES ~S 40 SECO~S EAST, A DIST~CE OF 10.00 ~ET; T~NCE SO~H DEG~ES 08 ~S 20 SECO~S EAST, A DIST~CE OF 20.00 ~1 ~NCE SO~ 36 DEG~ES 5] ~S 40 SECONDS WEST, A DIST~CE OF 16.05 ~NCE SO~ 70 DEG~ES 30 ~N~S 38 SECO~S P~ST, A DIST~CE OF 73.30 ~ TO ~ POI~ OF BEGI~ING; SA~ DESC~BED T~ CO~AINING 0.037 AC~ (1,597 SQU~ ~, MO~ OR LESS. BASIS OF BEINGS IS ~ SO~ L~ OF ~AID SE~ION 7 BEING SO~I 89 DEG~ES 37 ~S 34 SECO~S ~ST. P~CEL 136 . PREPARED BY, ] E Z. ~./GEORGER. RiCHMOND' ' · ' . ' ....... I PROFE881ONALLAND 8UR~'EY~R-FL! REG. # 2406 '~PUBLIC WORKS ENGINEERING DEPARTMENT. EXHIBIT ~COLLIER COUNTY GOVERNMENT COMPLEX ~3301 EAST TAMIAMI TRAIL ' ~,'A/, INAPLES. FLORIOA 341~2 ' ,.'. SHEET 1 OF2 J 2 6 2001 i PUBLIC WORKS £NOINEERING DEPAR~NiENT SKETCIfl OF DESCRIPTION TRACT 93 AVE. 5 292.6.3' ! ~ TRACT / ,, -//- / - i ' 1'4" ~S,53'08'20'E.~ /N~ ---7, '~~/ / ~ Sou{hCas~.corn¢F t ~ ~.36'SV40'w ..... ~6.05' /' A~ o; ~ec. I, twp. 49 S. , ~ [/ x, X' Collier Cdunty, Florida - ~1 ~ ~PREVIOUSLY ., · ~"" E ........ ~_..~z:~:z~ ........ I GENERAL NOTES I) P.O,C, lndlco,'te$ Polr~t oF Commencemen't 2) P,0.R, Indlcat:es Point oF 3egtnnlng 3) Sec. Indlcc~.tes. Sec±Ion 4) Twp. ]ndlcc~t;es Tbwnshlp 5) Rge. Indict, res Rc~nge G) R/W lndlcc~¢e$ Righ't-oF-wc~y 7) At~ dish.noes ~re In Fee~ ~nd dectm~$ ~hereaF 8) 3(zsls oF 3ecxring$ t$ .-the Sou-th Une oF Sec'tlon 7 being S.89'37'34'W. 9) Not: vc~tld unless $19ned nnd seated with 1;he embossed secxt oF t:he ppoFe$$1onn~ lcznd sur'veyor- THIS IS ONLY A SKETCH AGENDA ITEM NO. ~ JUra. 2 6 2001 Pi[. .... ' NOT TO .......... qI-I-FFT ? I']F ,3 EXECUTIVE SUMMARY, APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 127 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JAMES R. COLOSIMO, TRUSTEE, UNDER UNRECORDED LAND TRUST AGREEMENT DATED 12/10/92, ET AL., (PINE RIDGE ROAD PROJECT NO. 60111) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgmem as full and final compensation to be paid for the acquisition of the easement designated as Parcel 127 for the Pine Ridge Road project in the lawsuit entitled Collier County v. James R. Colosimo, Trustee, under unrecorded Land Trust Agreement dated 12/10/92, et al., Case No. 00-0138-CA. CONSIDE .RATIONS: On April 6, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Pine Ridge Road project (Project No. 60111). On April 27, 2000, Collier County deposited with the Registry of the Court the sum of $49,500.00 for Parcel 127 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Ann C. Brine, Karen S. Brine, William H. Brine, III, Trustee of the Coughlin Brine Irrevocable Trust, Elizabeth Brine Allard, Trustee of the Coughlin Brine Irrevocable Trust, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-228). The terms of the settlement agreement are set out in the Stipulated Final Judgmem (attached as Exhibit "1"). The Stipulated Final Judgment provides for $59,400.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcel 127, and $10,626.00 to be paid to David W. Rynders, Esq. as attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional mount of $20,526.00 with the Registx~y of the Court. Staffhas reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Funds in the amotmt of $20,526.00 are available from road construction gas tax funds. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistem with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgmem; 2. approve the expenditure of the funds as stated; and AGENDA ITEM No. I/,,,' ~ J UN 2 6 2001 pg. I .. -- 3. direct staffto deposit the sum of $20,526.00 into the Registry of the Court. SUBMITTED BY: H~idi F. As~aton Assistant County Attorney Date: REVIEWED BY: Ewing M~ichael, Project Manager Transportation/ECM Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation/ECM David C. Weigel ~) County Attorney Date: ~/' %/"~ / Date: Date: trLit~EmDom\Colosimo~ExSum-P127 SFJ AGENDA ITEM JUN 2 6 Z00! I:'g. ~___...~_~ IN TI-IE ~IRCUIT coURT OF TI-IE ~/UDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the state of Florida, Petitioner, VS. · CASE NO.: 00-0138-CA · PARCEL: 127 JAMES R. COLOSIMO, TRUSTEE under unrecorded Land Trust Agreement dated 12/10/92, · Respondents. STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondents, ANN C. BRINE, KAREN S. BRINE, WILLIAM H. BRINE, III, TRUSTEE of the Coughlin Brine Irrevocable Trust, ELIZABETH BRINE ALLARD, TRUSTEE of the Coughlin Brine Irrevocable Trust, for entry of a Stipulated Final Judgment as to parcel 127, 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, ANN C. BRINE, KAREN S. BRINE, WILLIAM H. BRINE, III, TRUSTEE of the CoughIin Brine Irrevocable Trust, ELIZABETH BRINE ALLARD, TRUSTEE of the Coughlin Brine Irrevocable Trust, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that the Respondents, ANN C. BRINE, KAREN S. BRINE, WILLIAM H. BRINE, III, TRUSTEE of the Coughlin Brine Irrevocable Trust, ELIZABETH BRINE ALLARD, TRUSTEE of the Coughlin Brine Irrevocable Trust, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Fifty-Nine Thousand Four Hundred and 00/100 Dollars ($59,400.00) for parcel 127, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection ~vith said parcels, it is further AGENDA ITL. JUN 2 6 2001 ORDERED that the firm of David Rynders, Attorney At Law shall recover Ten Thousand Six Hundred Twenty Six and 00/100 Dollars ($10,626.00) for attorney fees; and it is further ORDERED that the Petitioner shall deposit the sum of Twenty Thousand Five Hundred Twenty-Six and 00/100 Dollars ($20,526.00), subject to the approval of the Board of County Commissioners, into the registry of this Court within 45 days from the date of the Stipulated Final Judgment, which represents the sum of Nine Thousand Nine Hundred and 00/100 Dollars ($9,900.00) .as the settlement proceeds for parcel 127, and Ten Thousand Six Hundred Twenty Six and 00/100 Dollars ($10,626.00) for attorney fees; and it is further ORDERED that the Clerk of this Court shall disburse the sum of Seventy Thousand Twenty Six and 00/100 Dollars ($70,026.00), less any amounts previously paid, to David W. Rynders Trust Account, and forward same e/o David W. Rynders, Esquire, 305 Wedge Drive, Naples, Florida 34103. Upon receipt, David W. Rynders Trust Account shall distribute said sum in accordance with the provision of this Stipulated Final Judgment. The sum due Respondents, ANN C. BRINE, KAREN S. BRINE, WILLIAM H. BRINE, III, TRUSTEE of the Coughlin Brine Irrevocable Trust, ELIZABETH BRINE ALLARD, TRUSTEE of the Coughlin Brine Irrevocable Trust, is subject to the interest of Garrett F.X. Beyrent and Teryl Brzeski f/k/a Teryl Beyrent, if any, and it is further ORDERED that title to parcel 127, fee simple, as being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated April 6, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; and it is further ORDERED that no other attorney fees or costs shall be awarded in connection with the above- styled cause of action as it relates to Parcel 127; and it is further 2 AGENDA ITEM JUN 2 6 2001 pg._ '~ _ ORDERED that this Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this 2001. Stipulated Final Judgment is to be recorded in the Official Records of day of May, Conformed copies to: Joe W. Fixel, Esquire Heidi As&ton, Esquire Bookkeeping David Rynder~ Esquire Douglas A. Wood, Esquire Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondents, ANN C. BRINE, KAREN S. BRINE, WILLIAM H. BRINE, III, TRUSTEE of the Coughlin Brine Irrevocable Trust, ELIZABETH BRINE ALLARD, TRUSTEE of the Coughlin Brine Irrevocable Trust, by and through their undersigned attorneys, hereby stipulate to the foregoing Stipulated Final Judgment as to Parcel 127. David W. R3a~ders, Esquire Florida Bar # 129235 305 Wedge Drive Naples, Florida 34103 Telephone (941) 434-8370 Facsimile (941) 434-8310 Attorney for Respondents Dated: //~~. Fixel, Esquire Bar #0192026 FIXEL & MAGIJIRE 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Facsimile (850) 681-9017 and Heidi Ashton, Esquire Florida Bar #0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 341124902 Telephone: (94 I) 774-8400 Facsimile: (941) 774-0225 Attorneys for ,P~titioner AGENDA JUN 2 6 200'/ PUBLIC ~ORKS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34.112 (9'1-1) 774--8192 Project: 6'0111 fee simple ~i~le Folio No. 3845500000, SKETCH OF DESCRIPTION ..;.... ..:~ :;. · ' .. i~ £NCIN££RING . D£PA RTM£NT -~. · LIVlNCSION MEADOW PlOt Book 19, Page 66 N.89'40'50"W. 330.00' TRACT 61 TRACT 76 l. South 15' feet Tract 76 330.00' 1-- -- -- s.8g'37'40"E. PINE RIDGE ROAD (CR-896) '~50' R/W TRACT 77 .LECAL. DESCRIPTION The'Souih, fiiteen (15') feet of Tract 76 or the Plat thereof, Golden Gate Estates UniI. 35, as recorded in Plat Book 7, Page 85 at' the Public Records o1' Collier. County, Florida Canto, in. lng 4,950 square I'eoL more or less. Basis of Bearings Is tho North Rl~qhL, or ','Cay line of Pine Ridge Road being S,89'3740'E. THIS IS ONLY A SKETCH EXHIBIT - . . ,"j.-.'.. ...... ,:' . '" '"'"" ms.o. ,..,c,,.o.o ,~;...;.,.: .:,-.: · .:... mPIIOFES$10NAL I. Yt,ND SUllVE'FOll'J240(J' .;.' '." '.,' moFFIC[; OF CAPIIAL PROJECTS -'" .... .. '.' . ~COLU[R COUNTY GOVI~RNMENT COMP(.EX. '. ' J.1301 [ TA,MI.~,II IRAIL NAPLES, FLORIDA ~4112 I AGENDA ITEM No._ i~.La) JUN 2 6 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE AND AUTHORIZE THE CHAIRMAN TO EXECUTE A CONTINUING RETENTION AGREEMENT FOR SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRM OF ALLEN, NORTON & BLUE, P.A., TO MEET COUNTY PURCHASING POLICY CONTRACT UPDATE REQUIREMENTS. OBJECTIVE: That the Board approve a continuing retention agreement for outside legal services on an "as needed" basis, such updated agreement to meet purchasing requirements. CONSIDERATIONS: Attached for the Board's approval is a Continuing Retention Agreement with the law firm of Allen, Norton & Blue, P.A., ("Allen, Norton") which is a law firm used by the County in the past on an as-needed basis to provide specialized legal services. The contract does not address any specific project or assignment but rather sets forth the criteria under which payment will be made when services are requested. Although this firm has a wide array of legal expertise, the County generally requests services on an as-needed basis in the area of Labor Law and employment matters. The rates charged by the law firm vary, as with any law firm, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests. Although this firm has increased its rates slightly over the prior agreement, the firm had agreed that the increased rates would not be charged to the County under past agreement renewals and would only be effective when it was necessary to revise the contract. S. lightly increased rates are therefore reflected in the attached agreement. The agreement also provides for reimbursement of actual out-of-pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 112.061, Florida Statutes, which is the section applicable to travel by County personnel. FISCAL IMPACT: The approval and execution of the attached continuing retention agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of such contracts, upon the County's request for legal services. Such fiscal impact will be determined on an hourly basis at the rate of the attorney working on the request or project and will include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Florida Statutes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached continuing retention agreement with the law firm of Allen, Norton & Blue, P.A. for specialized legal services requested on an as-needed basis. Approved by: David C. Weigei County Attorney D~'~i///~'~E~N ~A ITeM ..... JUN 2 6 2001 CONTINUING RETENTION AGREEMENT THIS AGREEMENT is entered into this __ day of County, Florida, a political subdivision of the State of Florida, Commissioners, hereinafter referred to as the "County", and the Blue, P.A., hereinafter referred to as "Allen, Norton". ,2001 by Collier through its Board of County law firm of Allen, Norton & WITNESSETH: Whereas, Allen, Norton has special expertise and resources in a wide range of legal matters, with particular expertise in labor and employment related matters; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Allen, Norton. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. Allen, Norton agrees to render legal services to the County for work which may be assigned to Allen, Norton from time to time through the County Attorney's Office. For all previously assigned, continuing and subsequently assigned work performed by Allen, Norton, the County agrees to pay Allen, Norton for services rendered, with fees based on the normal hourly rates Allen, Norton customarily charges to its similar clients for similar services. At present, such rates are as follows for the indicated Allen, Norton partners currently providing the principal legal services to the County in certain matters: James M. Blue $175.00 per hour Mark Levitt $175.00 per hour Rates charged by other attorneys in the firm are not to exceed $175.00 per hour. Lesser hourly rates are applicable for legal services to the County rendered by Allen, Norton law clerks and legal assistants. Invoices to the County for legal services rendered shall be itemized and shall set forth the attorney or paralegal, subject of the charge, the time applicable to the charge and the rate per hour. The County agrees to reimburse Allen, Norton for all out-of-pocket expenses/production costs directly related to assigned work, including the retention and utilization of sub-consultants. The use of a multiplier for these expenses/production costs will not be allowed. Typical reimbursable expenses include travel, lodging, meals and travel expenses when traveling on the County's behalf, identifiable communication costs, identifiable reproductions costs, and special computer expenses not applicable to general overhead. The County will reimburse per diem and travel expenses in accordance with Section 112.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers, Employees and Authorized Persons, as amended. This requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $0.29 per mile and meal expenses reimbursements at i~'~ ~u~i,~b'l~4tth~Ce~ .... . Page I of 3 [ JUN 2 Breakfast - $ 3.00 Lunch -$6.00 Dinner - $12.00 Allen, Norton shall have professional liability insurance. Coverage shall have minimum limits of $3,000,000 Per Occurrence, Combined Single Limits. If any liability insurance obtained by Allen, Norton to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. The term of this Agreement shall be for a period of one year to begin June 24, 2001 and to end on June 23, 2002. The Agreement may be renewed upon mutual consent of the parties for two (2) additional terms of one (1) year each. Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. Waiver by either party of the breach by the other party of any provisions of this Agreement shall not be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification of the terms of this Agreement. This agreement may be executed in multiple counterparts. In Witness Whereof, the County and Allen, Norton have caused this Continuing Retention Agreement to be executed on the date stated below. DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COIJ.IER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Pa~e 2 of 3 ALLEN, NORTON, & BLUE, P.A. DATE: By: Its: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this ~ day of , 2001, by as of Allen, Norton & Blue, P.A., a Florida Professional Association, on behalf of the professional association. He/she is personally known to me or produced as identification. Signature of Notary Public Name of Notary Public typed, printed or My Commission Expires: Paste 3 of 3 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCELS 108 AND 708 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. COMMUNITY SCHOOL OF NAPLES, INC., ETAL., (PINE RIDGE ROAD PROJECT NO. 60111) 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 Parcels 108 and 708 for thePine Ridge Road project in the lawsuit entitled Collier County v. Community School of Naples, Inc., et al., Case No. 00-0137-CA. CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Pine Ridge Road project (Project No. 60111). On April 21, 2000, Collier County deposited with the Registry of the Court the sum of $18,300.00 for Parcels 108 and 708 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Naples Progressive Gymnastics Center, Inc., Craig S. Smith and Carole H. Smith, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-228). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $22,000.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcels 108 and 708, and $1221.00 to be paid to Buckingham, Doolittle & Burroughs, LLP for attorney fees and $1500.00 to be paid to Carroll & Carroll for appraisal fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $6421.00 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. FISCAL IMPACT: Funds in the amount of $6421.00 are available from road construction gas tax funds. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; AGENDA ITEM. NO. ~ JUN 2 6 2001 pg. · approve the expenditure of the funds as stated; and direct staff to deposit the sum of $6421.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney REVIEWED BY: Ewing ~j~lich&el, Project Manager Transportation/ECM Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: lVfitch Riley, P.E., Sr. Project Manager Transportation/ECM Date: Steve Miller, P.E., Director Transportation/ECM Date: T~ r~an s p oertde r.~o n ,~)73~ o r~ -' 13'aVici C. ~q~ge'~ '~ - County Attorney Date: h: LifiEmDom\CommSchool~ExSum-P108 &708 SFJ AGE. ND& ITEM JUN 2 6 2001 Pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT,~, ,, ,. AND FOR COLLIER COUNTY, FLORIDA ' ~'~. :~ 1 3 COLLIER COUNTY, FLORID& a political subdivision of the state of Florida, Petitioner, VS. COMMUNITY SCHOOL OF NAPLES, INC., a Florida corporation, et al. CASE NO.: 00-0137-CA PARCELS: 108 & 708 Respondents. · STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner and Respondents, NAPLES PROGRESSIVE GYMNASTICS CENTER, INC., CRAIG S. SMITH and CAROLE H. SMITH, for entry of a Stipulated Final Judgment as to Parcels 108 and 708, and it appearing to the Court that the parties authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, NAPLES PROGRESSIVE GYMNASTICS CENTER, INC., CRAIG S. SMITH and CAROLE H. SMITH, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that the Respondents, NAPLES PROGRESSIVE GYMNASTICS CENTER, INC., CRAIG S. SMITH and CAROLE H. SMITH, have and recover from the Petitioner, COLLYER COUNTY, FLORID& the sum of Twenty Two Thousand and 00/100 Dollars ($22,000.00) for parcels 108 and 708 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcels; it is further AGENDA ITEM JUN 2 6 2001 ORDERED that the law firm o£Buckingham, Doolittle, & Burroughs, LLP shall recover attorney fees in the amount of One Thousand Two Hundred Twenty-One and No/100 Dollars ($1,221.00), and Carroll and Caroll shall recover reasonable expert cost for services in 'the amount of One Thousand Five Hundred and No/100 Dollars ($1,500.00); and it is further ORDERED that the Petitioner shall deposit an additional Six Thousand Four Hundred Twenty-One and No/100 Dollars ($6,421.00), subject to the approval of the Board of County Commissioners, int° the registry 'of this Court within 30 days from the date of the Stipulated Final Judgment which represents the sum of Three Thousand Seven Hundred and 00/100 Dollars ($3,700.00) as the settlement proceeds for parcels 108 & 708; One Thousand Two Hundred Twenty One and 00/100 Dollars ($1,221.00) for attorney fees; and One Thousand Five Hundred and 00/100 Dollars ($1,500.00) for expert fees; and it is further ORDERED that the Clerk of Court shall immediately disburse the sum of Twenty Four Thousand Seven Hundred Twenty One and No/100 Dollars ($24,721.00), less any amounts previously paid, to the trust account of Buckingham, Doolittle & Burroughs, LLP, and forward same c/o Frank X. Kowalski, Esquire, Buckingham, Doolittle & Burroughs, LLP, 5551 Ridgewood Drive, Suite 201, Naples, Florida 34108, for the benefit of Respondents, CRAIG S. SMITH and CAROLE H. SMITH, and subject to the interests of Fifth Third Bank of Florida and the Collier County Tax Collector; and it is further ORDERED that title to parcel 108, fee simple, and parcel 708, a temporary construction easement, as being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated April 6, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; and it is further 2 NO. 'JUN 2 6 2001 P~. ~ ORDERED that no other fees or costs shall be awarded in connection with the above- styled cause of action as it relates to parcels 108 & 708; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida this day of May, 2001. Conformed copies: Joe W. Fixel, Esquire Heidi Ashton, Esquire Bookkeeping Frank X. Kowalsld, Esquire Fifth Third Bank of Florida Vincent Murphy, Esquire The original of this document was signeo JUN 0 ? 2001 by Ted ~reusscac Ckcuit Cou~Ju~rcuit Judg~ AGENDA_ ITEM JUN 2 6 2001 Pg. ~ JOINT MOTION FOR STIPULATED FINAL JUDGMENT Petitioner and Respondents, NAPLES PROGRESSIVE GYMNASTICS CENTER, INC., CRAIG S. SMITH and CAROLE H. SMITH, hereby stipulate to the foregoing Stipulated Final Judgment as to Parcels 108 & 708. 5551 Ridgewood Drive Suite 201 Naples, Florida 34108 Telephone: (941) 262-5959 Attorney for Respondents 211 South Gadsden Street Tallahassee, Florida 32301 Telephone: (850) 681-1800 Facsimile (850) 681-9017 and Heidi Ashton, Esquire Florida Bar #0966770 Assistant County Attorney Collier County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112-4902 Telephone: (941) 774-8400 Facsimile: (941) 774-0225 Attorneys for/~Petit~oner Dated: ;/ / 4 AGEN. ,D~. [~,/NI_ JUN 2 6 20111 P~. ~ PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 t2 · . (941) 774-8192 ;'EEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ................. ,~...~../. ~ ~.... PROJECT PARCFL NO .......... ./.~..~. ..... TAX 63040000104 PARCEL NO ............................... £eel.slmple ~i~le .L.EGAL DESCRIPTION A par.oM of land lying in Section 12, Township 49 Sou[h, Range 25 E, Collier County, Florida, and being more particularly described as follows; ~:~ .Tho South Ten (10') £¢ct o£that parc¢I- a-~ al)own on the plat thereo.¢, Naples Progressive ; ~';'"':" "Gyrrmasfics Camp, as recorded in Plat Book 24, Page 84 of the Public ll,¢cords of Collier '? County, l~lorida. '!:ii,!!i Containing 3890 square £eet more or less. !!:!~: ' .:.!:! Parcel 108 · '::'. bob\pag~gld 029 AGENDA ITEM. JUN 2 6 2001 .... ~' GEORGE R. RICHMOND . ' EXHIBIT , PROFESSIONAL LAND SURVEYOR-FL. REG, # 2406 ~A/C PUBLIC WORKS ENGINEERING DEPARTMENT, - ~ ' COLLIER COUNTY GOVERNMENT CI~MPi FX ~EEOAL 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 3~r112 (941) 77~-8192 PROJECT NO. PROJECT PARCEL NO. ' TAX PARCEL NO, 63040000104 DESCRIPTION {NOT A SURVEy) driveway restorncion aasement PARCEL 708 ~ NORTH T~N (10') FEET OF TH]~ SOUTH/5~E~ (20') FEET OF THIZ EAST SIXTY (G0~ OF TH~ ~q~ST 129 FEB"r OF THAT PARCEL AS SHOVCN ON THE PLAT THF. R~OF,NAPLES PROGKESSIV~ 059vfNASTICS CAMP AS RECORDED IN PLAT BOOK 24 PAGE. OF THE PUBLIC'RECORDS OF COLLIER CO~, FLOKIDA. CONTAINING 60o SQUARE FEET MORE OR. LESS. Pg. AGENDA IT~,M.,,...3 JUN 2 6 2001 EXECUTIVE SUMMARY BOARD APPROVAL OF RESOLUTION ORDERING AND CALLING A SPECIAL ELECTION TO FILL VACANCIES ON THE LELY COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS OBJECTIVE: For the Board of County Commissioners (Board) to call for a special election to fill the vacancies of members of the Board of Supervisors of the Lely Community Development District. The Lely Community Development District was established in 1991 pursuant to Florida law. Attached is a resolution of the Lely Community Development District setting forth the necessity for the holding of a special election in Collier County on November 6, 2001 for the purpose of having the qualified electors residing within the boundaries of Lely Community Development District to elect members to fill vacancies on the Board of Supervisors of the District. The election is to be held in accordance with Florida law and conducted by the Collier County Supervisor of Elections. Counsel for the District, Michael J. Volpe, Esq. has indicated in the attached letter that the District is making this request to the County Commissioners at this time so that this matter can be on the ballot at the same time as the half cent for roads item which is already scheduled for the November 6, 2001 election date. The Board needs to make a decision on this request at this time in order to enable the Supervisor of Elections to have sufficient time to make the necessary preparations, if the Board directs for an election to be held in November. FISCAL IMPACT: The fiscal impact to the County for the election is none because the cost for the election shall be the responsibility of the Lely Community Development District. GROWTH MANAGEMENT AND IMPACT: None. RECOMMENDATION: That the Board approve the request of the Lely Community Development District for the Board to call a special election to fill upcoming vacancies on the District's Board of Supervisors and authorize Chairman to sign a Resolution ordering and calling for said election. This special election will take place on the November 6, 2001 election date. Further, that this special election occur on November 6, 2001 even if, for some unforeseen reason, there are no other measures on the ballot. Reviewed and Approved by: David C. Weigel, C'ounty~orney Date: H/Ramiro/Executive Summary/Lely AGENDA ITEM NO. tr. ~ t. JUN 2 6 2001 Pg. _.__....L~ ROBINS, KAPLAN, MILLER & ATTORNEYS AT LAW ATLANTA BOSTON CHICAGO LOS ANGELES MINNEAPOLIS NAPLES ORANGE COUNTY SAINT PAUL WASHINGTON, D.C, SUITE 201 711 FIFTH AVENUE SOUTH NAPLES, FL 34102 TELEPHONE (941) 430-7070 May 24, 2001 CIRESI MICHAEL J. VOLPE David Weigel, Esquire County Attorney Collier County Government Complex 3301 Tamiami Trail East, Administration Building Naples, Florida 34112 Re: Lely Community Development District Dear David: Attached you will find a copy of the Resolution of the Board of Supervisors of the Lely Community Development District, notifying the Supervisor of Elections of the necessity for the holding of a Special Election for the purpose of having .all of the qualified electors residing within the boundaries of the Lely Community Development District to elect two (2) members to serve on the Board of Supervisors of the District. In the past, the Supervisor of Elections has herself, presented the matter of the necessity for the call of a Special Election to the Board of County Commissioners for its consideration. Supervisor of Elections, Jennifer Edwards, however, has asked the District to submit its request for the call of the Election to fill the vacancies on the Board directly to the Board of County Commissioners. We are advised the County Commission has directed that an Election be held in November of 2001 for the purpose, among others, of submitting a proposed increase in the County sales tax to the electorate. Since an Election already has been scheduled, the District hereby requests the Election to fill the vacancies on its Board be held at the same time. I would appreciate your advise and counsel regarding the procedure to be followed by the District in order to have this request placed on the agenda for an upcoming .... of County Commissioners. NO. JUN 2 6 2001 David Weigel, Esquire May 24, 2001 Page 2 reply. MJV/rgb Enclosure CCi If you have questions, please do not hesitate to contact me. Otherwise, I will await your Thank you. Very truly yours, RO~.... INS, KAPLAN, MILLER & CIRESI L.L.P. Micha~l_J.~Volpe Mr. Tom Oliff, County Adminstrator Mr. Neil Dorrill, District Manager Ms. Jennifer Edwards, Supervisor of Elections ' RESOLUTION 2001-2 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE LELY COMMUNITY DEVELOPMENT DISTRICT REGARDING A CALL FOR A SPECIAL ELECTION TO FILL THE VACANCIES OF THREE MEMBERS OF THE BOARD OF SUPERVISORS WHOSE TERMS EXPIRE IN JANUARY 2002. WHEREAS, the Lely Community Development District, a community development district, was established on January 10, 1991 by Administrative Rule No. 42K-1 pursuant to the provisions of Chapter 190, Florida Statutes.; and WHEREAS, the terms of two (2) members of the Board of Supervisors will expire in January 14, 2002; and of the District WHEREAS, elections of Board Members by qualified electors held pursuant to Section 190, Florida Statutes, are to be conducted in the manner prescribed by law for holding general elections; and WHEREAS, since there is no General Election to be held until November, 2001, it is necessary for a Special Election to be called by the Board of County Commissioners of Collier County, Florida, for the purpose of electing two (2) members to the Board of Supervisors of the Lely Community Development District. Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE LELY COMMUNITY DEVELOPMENT DISTRICT THAT: 1. The District Manager and District Counsel shall notify the Supervisor of Elections in and for Collier County, Florida, concerning the necessity for the holding of a Special Election in the County of Collier, State of Florida on November 2, 2001, forthe purpose of having all Of the qualified electors residing within the boundaries of the Lely Community Development District elect two (2) members to serve on the Board of Supervisors of said District. 2. The Board recognizes said Special Election shall be conducted according to the requirements of law governing Community Development Districts as provided in Chapter 190, Florida Statutes and the costs of such Special Election shall be the responsibility of the District. 3. The Board recognizes the election shall be held at the Precinct polling places heretofore designated by the Supervisor of Elections in Collier County, Florida. The Board recognizes the polls shall be opened and closed as provided by law ~and shall contain the Candidates to be voted on in said election. 4. The notification of the Notice of the Special Election shall be published in a newspaper of general cimulation within said District and the first date of the publication shall be at least thirty (30) days prior to the date set for the special election. The publication shall be made at least twice; once in the fifth week and once in the third week prior to the week in which the election is to be held. The Board shall arrange for said publication. Page 2 of 3 AGENDA ITEM JUH 2 6 2001 5. The foregoing Resolution was offered by Supervisor Biggs who moved its adoption. The Motion was seconded by Supervisor Hughes. Upon being put to a vote, the vote was as follows: AYE NAY Ted Biggs X Joe Boff X Michael Hughes X Charles Krout, Jr. X DULY PASSED AND ADOPTED THIS __ day of ,2001. LELY COMMUNITY DEVELOPMENT DISTRICT By: MICHAEL ItUG _Fi~, Ch~an ATTEST: CHARLES KROUT, J~, Assis~fin't,~retary Approved as to form aud correctness: District Comisel Page 3 of 3 AGENDA ITEM NO. ~ JUN 2 5 2001 P~......-~- - 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 4O 41 42 RESOLUTION NO. 200l- A RESOLUTION ORDERING AND CALLING FOR THE ELECTION OF MEMBERS TO THE BOARD OF SUPERVISORS OF THE LELY COMMUNITY DEVELOPMENT DISTRICT BY QUALIFIED ELECTORS, TO BE HELD AT THE POLLS ON NOVEMBER 6, 2001, AS SET FORTH 1N SECTION 190.006, FLORIDA STATUTES. WHEREAS, the Lely Community Development District was established by Rule No. 42K- 1, Florida Administrative Code (1990), approved and adopted on December 18, 1990 by the Florida Land and Water Adjudicatory Commission, acting pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, and Rule 42-K1, Florida ,ddministrative Code (1990); and WHEREAS, as outlined in Section 190.006, Florida Statutes, a Community Development District of less than 5,000 acres in area must elect members of the Board of Supervisors by qualified electors after a minimum of six (6) years and if there are at least 250 qualified electors in the District; and WHEREAS, the area served by the District is approximately 1,538 acres; and WHEREAS, the number of qualified electors has reached and now exceeds 250 members; and WHEREAS, the Community Development District has been in existence for more than 6 years; and WHEREAS, two (2) of the members of the Board of Supervisors whose terms are expiring or have expired are required to be elected by qualified electors pursuant to Section 190.006, Florida Statutes; and WHEREAS, the Board of County Commissioners of Collier County, Florida, pursuant to general law, herein calls for the election of members to the Board of Supervisors for the Lely Community Development District by qualified electors as set forth in Section 190.006, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Election Called. ~ereby ordered and called to be held at the polls on November 6, 2001, for The election is the purpose of electing two (2) members to the Board of Supervisors of the Lely Community Development District by qualified electors as provided for in Section 190.006, Florida Statutes. Seat No. 2 shall be elected for a four year term. Seat No. 4 shall be elected for a four year term. SECTION TWO: Qualifying Window of Candidates. All candidates shall be qualified electors of the District. The qualifying window for candidates shall be from 12:00 P.M., Noon, on Monday, September 17, 2001, through 12:00 P.M., Noon, on Friday September 21, 2001. AC-~DA ITEM JUN 2 6 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 SECTION THREE: Persons Entitled to Vote. The persons entitled to vote in the election shall be all qualified electors residing within the territorial boundaries of the Lely Community Development District, as described in the metes and bounds legal description of the external boundaries of the District, a copy of which is attached hereby as Exhibit "A." Pursuant to Florida Statutes, the Supervisor of Elections shall close voter registration books on Monday day of October 8,2001. SECTION FOUR: Election Officials. The election shall be held at the polls for the territorial boundaries of the Lely Community Development District as described in Exhibit "A." The election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. SECTION FIVE: Form of Ballot. A. The ballot to be used in said election shall be in substantially the following form: OFF1CIAL BALLOT COLLIER COUNTY, FLORIDA NOVEMBER 6, 2001 BOARD OF SUPERVISORS FOR THE LELY COMMUNITY DEVELOPMENT DISTRICT BOARD SEAT 2 (FOUR YEAR TERM) [Vote for one (1)] I Name I Name I Name Name IName Name ) [ IName > I B. The Supervisor of Elections shall include on all ballots such instructions to voters as are necessary. SECTION SIX: Notice of Election. The Clerk of this Board shall publish a notice of the election in the Naples DallY Nr~.j~lOA newspaper of general circulation published in Collier County, Florida. There shalllbe-- a~ll~.a~t i ~.t[_~" thirty (30) days notice of said election, with publication to be made at least twice,once i~t~ 2 6 2001 fifth week and once in the third week prior to the week in which the election is to beiheld. Said ~ notice shall be in substantially the following form: 1 2 3 4 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 4O 41 42 43 NOTICE OF BOARD OF SUPERVISORS FOR LELY COMMUNITY DEVELOPMENT DISTRICT ELECTION BY PUNCII CARD BALLOT NOTICE IS HEREBY GIVEN, that an election will be held on November 6, 2001, at the polls within the territorial boundaries of the Lely Community Development District as described in "A" to elect members to Seats 2 and 4 of the Board of Supervisors by qualified electors. The election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. All qualified electors residing within the territorial boundaries of the Lely Community Development District as described in "A" may vote in said election. Absentee voting may be permitted upon compliance with applicable provisions of general law. This Resolution adopted this __ and majority vote. day of · 2001 after motion, second ATTEST: DWIGHT E. BROCK· Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: I~avid C. Weigel County Attorney By: JAMES D. CARTER, Ph.D., Chairman h~ay/resolutions/Lely CDD election A~klDA ITEM NO. I t.~ JUN 2 6 2001 EXHIBIT "A" Legal Description for LELY COMMUNITY DEVELOPMENT DISTRiCT DESCRIPTION: All that part of Sections 21, 27, 28, 33 and 34, Township 50 South, Range 26 East and part of section 3, Township 51 South, Range 26 East, Collier County, Florida, and being more particularly described as follows: Begin at the southwest corner of said Section 28; thence along the west line of said Section 28, North 02°47'55'' East 1226.36 feet to a point on the boundary of that land described in O.R. Book 542, page 765; thence along the boundary of said land in the following three (3) described courses; 1) South 87°12'05'' East 969.84 feet; 2) North 02°47'40' East 1702.00 feet; 3) North 38°47'47' West 1456.15 feet to a point on the west line of said Section 28; thence along the west line of said Section 28, North 02°55'16" East 1177.76 feet to the northwest corner of said Section 28 and the southerly most corner of that land described in O.R. Book 1244, page 983; thence along the easterly line of said land in the following two (2) described courses; 1) North 26°13'32'' East 345.51 feet; 2) North 32°20'11" West 236.05 feet to a point on the west line of said Section 21; thence along said west line North 02°58'09'' East 181.54 feet; thence leaving said line South 33°13'52'' East 243.49 feet; thence southeasterly 291.20 feet along the arc of a circular curve concave northeasterly having a radius of 690.00 feet through a central angle of 24°10'50'' and being subtended by a chord which bears South 45°19'17'' East 289.04 feet; thence South 57o24'42" East 1289.45 feet; thence easterly 563.65 feet along the arc of a circular curve concave northerly having a radius of 1230.00 feet through a central angle of 26°15'22" and being subtended by a chord which bears South 70032'23TM East 558.74 feet; thence South 83°40'04'' East 1300.00 feet; thence southeasterly 1187.52 feet along the arc of a circular curve concave southwesterly having a radius of 1260.00 feet through a central angle of 54o00'00" and being subtended by a chord which bears South 56o40'04" East 1144.06 feet; thence South 29°40'04'' East 1073.38 feet; thence southeasterly 415.41 feet along the arc of a circular curve concave northeasterly having a radius of 1940.00 feet through a central angle of 12o16'07" and being subtended by a chord which bears South 35°48'08'' East 414.62 feet; thence South 41o56, 11" East 47.84 feet; thence North 48°03'49" East 90.00 feet; thence northerly 122.72 feet along the arc of a circular curve concave westerly having a radius of 125.00 feet through a central angle of 56°15'00'' and being subtended by a chord which bears North 19°56'19" East 117.85 feet; thence North 08°11'11" West 70.00 feet; thence North 53°11'11" West 70.71 feet; thence North 08°11'11'' West 200.00 feet; thence North 81o48'49" East 170.00 feet; thence South 08°11'11'' East 100.00 feet; thence South 81°48'49'' West 35.00 feet; thence South 08°11'11" East 220.00 feet; thence southerly 206.17 feet along the arc of a circular curve concave westerly having a radius of 210.00 feet through central angle of 56015'00" and being subtended by a chord which bears South 19°56'19" West 197.99 feet; thence South 48°03'49" West 90.00 feet; thence South 41°56'11" East 581.34 feet; thence southeasterly, easterly and northeasterly 35.94 feet along the arc of a circular curve concave northerly having a radius of 25.00 feet through a central angle of 82°22'19'' and being subtended by a chord which bears South 83°07'21" East.32.93 feet; thence North 55°41 '30" East 518.58 feet; thence northeasterly 439.82 feet along the arc of a circular curve concave northwesterly having a radius of 560.00 feet through a central angle of 45°00'00'' and being subtended by a chord which bears North 33°11'30" East 428.61 feet; thence North 10o41'30" East 208.40 feet; thence northeasterly 393.40 feet along the arch of a circular curve concave southeasterly having a radius of 715.00 feet through a central angle of 31°31'30: and being subtended by a chord which bears North 26°27'15'' East 388.46 feet; thence North 42°13'00'' East 136.91 feet; thence northeasterly, northerly and northwesterly 37.43 feet along the arc of a circular curve concave westerly having a radius of 25.00 feet through a central angle of 85°47'21" and being subtended by a chord which bears North 00°40'41'' West 34.03 feet to a point of reverse curvature; thence northwesterly 88.85 feet along the arc of a circular curve concave northeasterly having a radius of 1405.00 feet through a cemral angle of 03o37'24" and being subtended by a chord which bears North 41°45'39'' West 88.84 feet; thence along a non-tangential line North 50°03'~ ong 160.00 feet', thence South 39o56'57'' East 86.63 feet; thence southeasterly 484.36 feet a arc ora circular curve concave northeasterly having a radius of 1067.38 feet through ~ cen angle of 26°00'00'' and being subtended by a chord which bears South 52%6'57" East 41 0.22 J[JN ? 6 2[}0] pg. Page 1 of 2 feet; thence South 65o56'57'' East 1470.00 feet; thence easterly 309.59 feet along the arc of a circular curve concave northerly having a radius of 765.00 feet through a central angle of 23°11'13" and being subtended by a chord which bears South 77o32'34" East 307.48 feet; thence South 89°08' 10" East 616.58 feet; thence easterly 170.84 feet along the arc of a circular curve concave northerly having a radius of 779.00 feet through a central angle of 12o33'54" and being subtended by a chord which bears North 84o34'53" East 170.49 feet to a point of reverse curvature; thence easterly 163.38 feet along the arc of a circular curve concave southerly having a radius of 745.00 feet through a central angle of 12°33'54" and being subtended by a chord which bears North 84o34'53" East 163.05 feet; thence South 89°08'10'' East 16.92 feet; thence easterly 163.38 feet along the arc ora circular curve concave southerly having a radius of 745.00 feet through a central angle of 12°33'54'' and being subtended by a chord which bears South 82°51'13" East 163.05 feet to a point of reverse curvature; thence easterly 170.84 feet along the arc ora circular curve concave northerly having a radius of 779.00 feet through a central angle of 12°33'54 and being subtended by a chord which bears South 82°51'13" East 170.49 feet; thence South 89°08'10" East 235.00 feet to a point on the proposed westerly right-of-way line of C.R. 951, Isles Capri Road; thence run along said proposed right-of-way line in the following three (3) described courses being parallel with and 25 feet westerly of the existing right-of-way of C.R. 951; 1) South 00°51'41" West 2434.47 feet; 2) southerly 1695.32 feet along the arc ora circular curve concave westerly having a radius of 2789.93 feet through a central angle of 34°48'58'' and being subtended by a chord which bears South 18o16, 10" West 1669.36 feet; 3) South 35o40'39" West 5513.54 feet to a point on the northwesterly line of that land described in O.R. Book 124, page 459; thence leaving said right-of-way line along the northeasterly line of said land, Noah 54o20'24" West 194.98 feet; thence along the northwesterly line of said land, South 35o40'39" West 219.95 feet to a point on the northeasterly right-of-way line of U.S. 41, Tamiami Trail; thence along said right-of-way line North 54o20'24'' West 325.00 feet to the southerlymost comer of that land described in O.R. Book 1173, page 789; thence along the southeasterly line of said land, North 35o40'39" East 275.00 feet; thence along the northeasterly line of said land, North 54o20'24" West 170.00 feet; thence along the northwesterly line of said land, South 35°40'39'' West 275.00 feet to a point on the northeasterly right-of-way line of U.S. 41, Tamiami Trail; thence along said right-of-way line, North 54o20'24" West 959.12 feet; thence continue along said right-of-way line North 54o25'09" West 3328.63 feet to a point on the north and south 1/4 section line of said Section 33; thence along said north and south 1/4 line North 02o43'23" East 3282.44 feet to the north 1/4 corner of said Section 33; thence along the south line of said Section 28, North 89°33'01" West 2626.87 feet to the Point of Beginning; containing 1538.77 acres, more or less; subject to easements and restrictions of record; bearings are based on the west line of said Section 21, being North 2o58'09" East. AGENDAITEM. NO. /~' £ ~' JUN 2 6 201)1 pg. Il EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 162 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. RUSSELL BAISLEY, ET AL., (LIVINGSTON ROAD, PROJECT NO. 60071) 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 162 for the Livingston Road project in the lawsuit entitled Collier County v. Russell Baisley, et al., Case No. 01-0758-CA. CONSIDERATIONS: On May 30, 2001, an Order of Taking was 'entered in Collier County Circuit Court regarding the acquisition of easements for the Livingston Road project (Project No. 60071). Collier County will deposit with the Registry of the Court the sum of $23,300.00 for Parcel 162 prior to June 19, 2001 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Barbara Bigelow, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2001-46). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $25,000.00 to be paid to the Respondent as full compensation for the property rights taken as to Parcel 162, and $3,102.00 to be paid to Charles R. Forman, Esq. as attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $4,802.00 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. FISCAL IMPACT: Funds in the amount of $4,802.00 are available from road construction gas tax funds. Source of funds are gas taxes. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and o direct staff to deposit the sum of $4,802.00 into the Registry of the Cc ~rt. AGENDAITEM , NO.~ JUN 2 6 2(]01 Pg. ~ - SUBMITTED BY: Assistant County Attorney Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Date:~/'~7/ O' / REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation/ECM /TN a~n ~ ~Fo~da~tl ;~ dDT3 ~iSot ~at°r David C. Weigel County Attorney Date: Date: Date: h: Lit~EmDom~B aisley'dF, x S um-P 162SFJ 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, RUSSELL BAISLEY, et al., Respondents. Case No.: 01-0758-CA Parcel No.: 162 STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, BARBARA BIGELOW, by and through her undersigned counsel, Charles R. Forman, Esq., for entry of a Stipulated Final Judgment as to Parcel No. 162, 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 Respondent, BARBARA BIGELOW, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, BARBARA BIGELOW, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty~Five Thousand and No/100 Dollars ($25,000.00) for Parcel No. 162 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 AGF_NDA~ 2 6 2001 ORDERED that Respondent, BARBARA BIGELOW, receive from Petitioner as a reasonable attorney fee pursuant to Section 73.092(1), Florida Statutes, the sum of Three Thousand, One Hundred Two and No/100 Dollars ($3,102.00); it is further ORDERED that Petitioner shall deposit an additional Four Thousand, Eight Hundred Two and No/100 Dollars(S4,802.00), subject to approval of the Board of County Commissioners, within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Three Thousand, One Hundred Two and No/100 Dollars ($3,102.00) to FORMAN, KREHL & MONTGOMERY Trust Account, c/o Charles R. Forman, Esquire, 320 NW 3ra Avenue, P. O. Box 159, Ocala, Florida 34478; it is further ORDERED that the Court reserves jurisdiction to apportion and disburse the award of Twenty-Five Thousand and No/100 Dollars ($25,000.00) referred to above; it is further ORDERED that the Court reserves jurisdiction to tax against Petitioner costs and attorney's fees for supplemental proceedings, if compensable, and to enforce the terms of this Stipulated Final Judgment; it is further ORDERED that title to Parcel No. 162, fee simple title, being fully described in Exhibit "A" attached hereto and incorporated herein, which will vest in Petitioner pursuant to the Order of Taking dated May 31,2001, and the deposit of money to be made, is approved, ratified, and confirmed; it is further ORDERED that sheets 8, 30, 62, 82, 97 and 150 of 181 of the final construction plans and specifications for the six-laning of Livingston Road pertaining to Parcel 162 are attached hereto as Exhibit "B" and this Stipulated Final Judgment is based on the attached plans and specifications; it is further AC=ENDA ITEM I~O./~ O..) JUI~ 2 § 2001 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2780, Page 3311 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 162; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this.~.~ ] day of "~% ,2001. CIRCUIT COURT JUDGE Conformed copies: ,,5'),,,cll / 0/.._%.0.. v/Heidi r. Ashton, Esq. '/Charles R. Forman, Esq. ~/E. Glenn Tucker, Esq. ~/First Union National Bank ~l~ookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. Dated: CHARLES R. FORMAN, E~Q. Florida Bar No. 229253 FORMAN, KREHL & MONTGOMERY 320 Northwest 3ra Avenue P. O. Box 159 Ocala, Florida 34478 (352) 732-3915 - Telephone (352) 351-1690 - Facsimile ATTORNEY FOR RESPONDENT 3 Dated: ~ a HEIbfl~. ASI~ITON, ESQ. Florida B~ No. 966770 CO~TY ATTO~EY'S OFFICE Ha~on Turner Building 3301 East Tamimi Trail Naples, Florida 34112 941/774-8400 - Telephone 941 / 774-0225 - JUra 2 6 2001 SECTION 50, PROJECT: NO.' PROJECT PARCEL NO: TAX PARCEL TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER 'COUNTY, FLORIDA DESCRIP..TtON O.F PARCEL 162 THE WEST 45.00 FEET OF THE SOUTH IBO. OD FEET OF TRACT 13, GOLDEN GATE ESTATES. UNIT NO. ;28 ACCORDING TO THE PLAT THEREOF AS RECORDED tN PLAT BOOK 7, PAGE 57. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; OONTAININO BIO0 :SQUARE FEET OF LAN.D MORE OR LESS. SKETCH OF PARCEL 162 (_,NOT A SURVEY) GREY OAKS P.U.D. (NOT PLATTED) SCALE: I" ~' 50' 15' PROPOSED R.O.W, ~1 EAST LINE DF"~ +z4.J7 SEC~ON LINE AND--~ +~.~z I SEC~ON 30 ~ ~ T 4S' PARCEL 162 O.R. 2036, PG. 2Dog · TRACT 12 JACK P. BIGELOW BARBARA L. BIGELOW O.R. 663, PC,. 1830 SOUTH 180' ~'RACT 1.7, TRAC'I GOLDEN GATE ESTATES UNIT NO. 29 (P.m. 7, F'G. 57) IE30 DRAINAGE ASEUENT (PLAT.) O,R. 1563, PO. 258g 5 BEARINGS ARE BASED ON THE FLORIDA STATE PLAN COORDINATE SYSTEM, EAST PREPARED BY: , Illl /./ I , ""=~..~tJ.%.~,~l,~,~l~,~%,~"P't=l,ql~ll:~ll '~ FtLE NO 7274 ACAD NO 7274--4 'AGENDA.ITEM . ~o.~! Sheet 1 ot'2 AVPLAT2001-AR711 EXECUTIVE SUMMARY PETITION AVPLAT2001-AR711 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE DRAINAGE EASEMENT LOCATED ON LOT 9, ACCORDING TO TI~ PLAT OF "BAREFOOT BAY" AS RECORDED IN PLAT BOOK 35, PAGES 61 THROUGH 62, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A RELOCATED DRAINAGE EASEMENT ON A PORTION OF LOT 1 OF SAID "BAREFOOT BAY". LOCATED IN SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the Drainage Easement on Lot 9 and to accept a relocated Drainage Easement on a portion of Lots 1 of said "Barefoot Bay". CONSIDERATIONS: Petition AVPLAT2001-AR711 has been received by the Planning Services Department from Blair Foley, P.E., from Q. Grady Minor & Associates, P.A., as agent for the petitioner, Damon Warfel, requesting the vacation of a portion of the Drainage Easement located on Lot 9 so that there will be enough space to build a pool. They are also requesting that the County accept a relocated Drainage Easement on Lot 1 so that the total drainage easement area with the "Barefoot Bay" subdivision will remain the same. Letters of no objection have been received from Collier County Development Services, Collier County Stormwater Management and Barefoot Bay Property Owners Association, Inc. Zoning is RSF-5. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: None JUN 2 6 2001 Sheet 2 of 2 AVPLAT2001 -AR711 PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2001-AR711 for the vacation of a portion of the Drainage Easement on Lot 9 and to accept the relocated Drainage Easement on a portion of Lot 1 as described therein; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records~ and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Grigg, P.S.M. Planning Services Thomas E. Kuck, P.E. Engineering Review Manager DATE: Thomas E. Kuck, P.E. Interim Planning Services Department Director John 1~. Dun"'nuck, III, Interim Administrator Comm~hnity Development & Environmental Services DATE: JUN 2 6 2001 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. LEGAL DESCRIPTION A PORTION OFA DRAINAGE EASEMENT IN BAREFOOT BAY D. WAYNE ARNOLD, A.I ERIC V. SANDOVAL, p~. THOMAS CHERNESKY, ALAN V. ROSEMAN EXHIBIT "A" SHEET 1 OF 2 AVPLAT2001 -AR711 (SKETCH B-2055) A Parcel of land located in Section 6, Township 48 South, Range 25 East, Collier County, Florida; being more particularly described as follows: COMMENCE at the Northeasterlymost comer of Lot 9 as shown on the plat of Barefoot Bay, recorded in Plat Book 35 at Pages 61 and 62 of the Public Records of Collier County, Florida; Thence run South 33°15'19" West for a distance of 12.42 feet; Thence run South 00°16'40" West for a distance of 8.04 feet; Thence run North 89°43'20" West for a distance of 10.00 feet to the POINT OF BEGINNING; Thence run South 00°16'40" West for a distance of 38.63 feet; Thence run South 70001'45" West for a distance of 21.10 feet; Thence run North 19°58'15" West for a distance of 3.61 feet; Thence run North 21 °47'12" East for a distance of 39.37 feet; Thence run North 00°46'03" East for a distance of 5.97 feet; Thence run South 89°13'57" East for a distance of 6.56 feet to the POINT OF BEGINNING; Containing 543 square feet, more or less. This Property is subject to easements, reservations and/or mstricUons of record. Be'adngs hereon refer to the eastedy line of said Lot 9; as being South 00°16'40" West. Signed Tom Chemesky '~ , P.S.M. #5426 State of Florida g:~wgs~egals~b-2055.rtf (941) 947-1144 · FAX (941) 947-0375 · E-Mail: engineermg~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 JUN 2 6 2001 1 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a 2 certified copy of this Resolution in the Official Records of Collier County, Florida, and to make 3 proper notation of this vacation on the recorded plat as referenced above~ 4 This Resolution is adopted this ~ day of , 2001, after motion, 5 second and majority vote favoring same. 8 DATED: 9 ATTEST: 10 DWIGHT E. BROCK, Clerk I1 12 13 Deputy Clerk 14 15 16 17 l 8 A~.prove~ as to form and legal 20 21 22 P~mc~. Wl~te, Esq. 23 Assistant Count3' Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D., Chairman JUN 2 6 2001 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMI'I'T, P.E. MICHAEL ]. DELATE, P.E. LEGAL DESCRIPTION DRAINAGE EASEMENT on LOT 1, BAREFOOT BAY D. WAYNE ARNOLD, A.[ ERIC V. SANDOVAL, P.5, THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN ExI-rIBIT "B" SHEET ! OF 2 AVPLAT200 I-AR711 (SKETCH B-2056) A Parcel of land loCated in Section 6, Township 48 South, Range 25 East, Collier County, Florida; being more particularly described as follows: COMMENCE at the Northwestertymost comer of Lot I as shown on the Plat of Barefoot Bay, recorded in Plat Book 35 at Pages 61 and 62 of the Public Records of Collier County, Florida;Thence run South 89°47'44" East for a distance of 38.73 feet; Thence run South 89°13'58' East for a distance of 46.07 feet; Thence run South 00°46'02" West for a distance of 10.50 feet to the POINT OF BEGINNING; Thence run South 29°13'57- East for a distance of 3.04 feet; Thence run South 60°48'03" West for a distance of 49.47 feet; Thence run North 00°46'03' East for a distance of 12.87 feet; Thence run North 27°20'19" East for a distance of 6.75 feet; Thence run North 60°46'03" East for a distance of 16.93 feet; Thence run South 89°13'58" East for a distance of 23.64 feet; to the POINT OF BEGINNING; Containing ~ square feet, mom or less. This Property is subject to easements, reservations and/or restrictions of record. Bearings hereon refer to the Northerly line of said Lot 1; as being South 89047'44- East. Signed , P.S.M. #,5426 State of Florida g :~lwgs~Jegals~3-2056.rtf (941) 947-1144" FAX (941) 947-0375 · E-Mail: engineermg~gradymmor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 JUN 2 § 2001 JUN 2 6 200! ~... ~, Attachment "B' PETITION FORM FOR VACATION OF PLATS OR PORTIONS OF PLATS OF SUBDIVIDED LAND Date Received: Petition #: t~ V 4::'~.t:3'7' :~ ot~ t-~z~'r~lI Petitioner: Damon Warfel Address: 14510 Vanderbilt Drive City/State: Naples, Florida Telephone: 941-592-7466 Zip Code: 34110 Agent: Q. Grad¥ Minor and Associates, P.A. Address: 3800 Via Del Re¥ City/State: Naples, Florida Telephone: 941-947-1144 Zip Code: 34134 Address of Subject Property: Barefoot Bay Court, Lot 9 Location: Section 6 Township. 48 Range. 25 Legal Description: Lot 9 Block A Unit N/A Reason for Request: Encroachment into Drainage Easement Current Zoning: RSF-5 Does this affect density? No I hereby_ tion: ~] Yes ['-] No Signature of Petitic ~ Print Name (Title) Subdivision: Barefoot Bay Plat Book 35 Page(s). 61-62 Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list-of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. List all other owners. Attachment "B" Page 4 of 4 JUN 2 6 2001 EXHIBIT "B" SHEET 2 OF 2 AVPLAT2001 -AR'/1 ! · ! By: Revco Holdings, Znc.; 592 5828; I~r-9-01 11:2~; Page 213 Warranty Deed Tbb lademur~, Made ~ 2 2 :d ~y o~ Peter 14. Kle~n, 9,41 26= i,.q44 F'.0t 2640340 OR: 2679 PG: 1869 May. 2000 ..D.. Between D&..mon Cut:om Structures, Inc., lawm of the state of Florida ~.(~ Ohio ,grmDtor, aaa a corporation existing under the ~.-.~,,c.~:~8921 Mango Drive, Bonita Springs, Flori~a 34134 of m~ ¢~.~- ,.f Collier , ~6f Florida , ......... TEN & NO/I 00 ~ $ ~ ¢. ~ 0 ) .......... ~,0~*~, sm.~, J).~ ~ ~wmi m ~ C~' of COl I les ~ FloridG m ~, Please see s:.tached Exihfblt "A" ~cr legal The property herein conveyed DOES ~NOT constitute the uro~rtv of =heGran~or. The Gram~or'~ MOMES'T~D m,~=~.i Klein STATE OF Florida COUNTY OF CcIller Peter M. Kle~n, ~^~ JUN 2 6 2001 P,. // ,~-Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners ITrans Number 258800 Date Post Date 04/19/2001 10:41:52 AM 04/19/2001 IPayment Slip Nbr ~ AR 711 I Appl Name: Q. GRADY MINOR & ASSOC., INC. Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: BLAIR FOLEY 3800 VIA DEL REY NAPLES FL 34134 Proj Name: DCS, INC. Type: TAZ: 1 Subdiv Nbr: 3293 Project Nbr: 2001030081 Payor' DCS Fee Information Fee Code 12TRVC I Description REV ACCT/VAC EASEMENT-ROW GL Account 10116361032910000000 Total Amount Waived $1000.00 $1000.00 IPayment Code Account/Check Number CHECK 20457 Payments Amount $1000.00t Memo: Total Cash $0.001 Total Non-Cash $1000.00 Total Paid [ $1000.001 Cashier/location: FROLOFF_E / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT JUN 2 6 2001 I I Ii / / / / JUN 2 6 2001 By: Revco Holdings, Inc.; 592 "' ' ---b'f~' -'--:-"~ .2 5828; :<.lc.E,: Mar-g-01 11:24AM; Page 3/3 2679 P.G: 1870 Exhibit A A ,'tact of land I~ini~ tn thc no~h~t q~.~r,'cr ' ~' ' ' ' · ot ~cc[~oa o. To~'nship 41i South. R.,,m,~e 2.~ E~t, Colhcr Count}'. Florida. mort p',rt~eulariy described as i'ollows.: Cornmencmg at a ~tlro~d spike mzrkmg the northc,a.~t Comer of~aid Section 6 run S 00 degrees 06' 36" alonee the east line ofSa~d Sec.~mn 6 1 distance of 57.52 l~et to a t;or~rctg monument rnarKmg the southerly right-of-v, ay line of Boats Beach Road; thenCe S ~9 deg[,ees 32' 44" 'g' along said nght-o£-way line 219.,~) feet to an iron pin: thence N 89 de,trees 36'O1' W 1248.22 f~el ~o the mtersectton of said southerly right-of, way line and the Mean H:gh Water Line of Lisle H~ckorv Bay and d-,e Pome of' Beginning; thence alon~ said Meam High Water Line S 62 degrees 2.1' 23" ~: 10.40 thee: them;¢ S degrees 30' 28" W 36.36 feet; thence S 02 degrees 21' 25" E 55.34 feet; thence S 71 de~ee$ 01' 25" W 54.24 feet; thence IN 87 de,tees 48' 00' W 101.19 [cci; thence S 66 de~-ees 10' 29" W 22.71 feel; thence S 53 ie~,ees 31' 40" W 10.72 feet; thence S 32 degrees *11' 13" la,' 30.96 feet; thm'~ce S 24 cle~ees ,i4' 03' W 32.t9 fee~ theses $ 31 degrees 15' 14' W 36.4.4 feet;: thence S 55 de~'ees 05' $4' IV 30.35 feet; three S 87 de~rees 07' 30~ W 24.24 feet; thence N ~7 degrees 31' 01' W 53.73 leer, thence N 51 de,tees 27' 24" W 67.03 feet; thence N 54 del,,rees 35' 49" W 37.56 feet; thence N 70 degrees 52' 49" W 43.70 feet: [hence N 66 degrees 02' 40" W 2.6.47 fcct~ thence N 48 d~llrees 21' 26" W 92.21 feet; thence N 61 de,tees 23' 12" E 26.9'/feet; thence N 16 degrees )5' 59" E 30.35 feet; thence N 69 degrees a6' 42" lV 6.76 thence S 66 de,tees 42' 00" W 14.9~ feet; thence N 44 degrees 42' 19" W 21.21 feet to the southerly n~,ht-of-~y lme of l~onita Beach Ri',ad; thence S 89 de~¢es 41' 41" E alon~ said right-of-way line feet to s con~.'rete monument; thence S 89 de~ree.~ t$'0l" E 533'.47 feet to the Point of Be~innin~t. Based on a Mean Hig. h Water elevation of 1.10 N,G.V.D, located on Februa .fy 13, 1989. LESS: That portion ora parcel situated m the N'E ;', (northeast °%-quaner) of Section 6.. Township 48 South, Range 25 F.,asL Collier Count, Florida, as recorded in Of§c~ia! Record Book 1474, Pages 136g through 1371, being der,:'n'bed as follows: Beginning s~ the northeasterly comer of said pazcel, bein~ also a point on thc southerly right-of-way linc or'Bonita Beach Road (Count}., Road $65): thence run S 61 degrees $6' 33' W ~long the e~terl¥ lme ot said parcel for 10.40 feet; thence run $ 34 degTees 03' 38" W alt,mS said easterly line for 24.13 feet; lhenec run N 89 de~'ee,~ 41' 51" W. leaving sa~d easterh.,line, f0r 13.36 feet; thence nm N 85 degrees ~ll" W, for 367.30 feet to.a point on said southerly right-of-way line; ~l~-nce run S 89 degrees 41" 51" along said right-of-way line for 402.3? feet to thc Pomt o£ Beginnin$. AC, ENOA JUN 2 § 2001 /,2 RIGHT-OF-WA Y TO COLLIER COUNTY OR. BK. 2088. PG~ 182-184 ! I I I ~ CENT:gLINE 757' SOUTH. ~ OF SEL'T/ON ?. J ,'¢ 00'46'04" E ~. [ 20. 00' -- :=J. N 8877'0£' w 7392' " N BBTz'02" W IOL ,55' REFE,'~CE L IhT 7.5' L.~E. -[ 55'15'19" 14/ 12. 42' 74'35?5" £ · 5,1' 28' T/ON EA SEWEN l I01. ..... ,';; iN '77'06 4z 24.~,7' LITTLE HICKORY BAY JUN 2 6 2001 DEDICATION$ STATE OF FLORIDA COUNTY OF COLLIER KNOW ALL MEN BY THESE PRESENTS, THAT DAWON CUSTO~ STRUCTURES, INC, A FLORIDA CORPORATION, OWNER OF THE LAND DESCRIBED HEREON, HAS CAUSED THIS PlA T ENTITLED 'BAREFOOT BAY' TO BE I~ADE AND DOES HERE.~Y DEDICATE OR RESERVE THE FOLLO~NC: A.) DEDICATE TO TI~ ~AR£1~OOT BAY PROPERTY Olkl~EM$ ASSOCIATION, I#C., IT'S SUCC£$$OR$ A#D ASS/GMS: ;. TRACT 'R' (BAREFOOT BAY COURT) FOR RICHT-OF-WAY AND ACCESS EASEI~ENT PURPOSES ~TH MAk~:TENANCE THEREOF, SUBJECT TO ANY EASEI~ENTS HEREIN SETFORTH, SAID ROAD /S.A PRIVATE ROAD RIG~,'T-OF-VYAY AND COLLIER COUNTY HAS N__O UAINTENANCE RESPONSIBII/TY ~TH RESPECT THERETO, :ONS TRUC T~ON, 2. ALL DRAINAGE EASEWENTS {D.E.), AS INDICATED ON THIS PLAT, FOR THE PURPOSE OF .,,VS,~ALLATION, kfAINTENANCE AND OPERATION OF THESE FAClllZIES. , Z~'E ~RAfNAC£ EASEI~ENTS (D.E.) SHOWN ON THIS PLAT ARE FOR THE PURPOSE _. ~,~ TEMPORAR/LY STORING AND CON~EYINC STORk~WATER RUNOFF. ELEVATED .;£ZKS, BALCONIES, ROOF O~ERHANCS, ETC. ARE ALLOWED TO ENCROACH INTO 7~,'E EAS£.~ENT AS LONC AS THE STORAGE OR CON~YANCE OF STORt~VlATER RUNCF: iS .NOT ~I~PEDED. TWEL ~E FEET OF CLEARANCE SHOULD BE WAIN[A/NED AIOA'C THE S,~DE LOT lINES. '" ]. ALL CONSERVATION EASEMENTS I~AINTAININO THE CONSERVA T/ON AREA, THE CORSE?VA TION EASEMENTS {C,E.) SHOWN ON THiS PlA T ARE FOR THE PU, ePOSE OF PROTECT/NC EXIST/NC IWANCROVES. WA TER UANAGEUENr FAOLITIES INCLUDINC BERI~S, OUTFAll DEVICES, RIP-RAP BANK, ETC,, AND BOAT DOCKS ~HALL BE ALLOV,~D Y~THIN THE CONSERVATION EASEMENZ 4. TRACTS 'IS-1: 'LS-2' AND '~S-3', AS LANDSCAPE TRACTS, FOR THE PURPOSE OF PRO~ID1NC AND t,~A/NTA/NINC THE LANDSCAPE AREAS, 5, All lANDSCAPE EASEWENTS (I.S.E.), AS SHOWN, FOR THE INSTAZUNC AND WAINTAININC l A NDSCA PING. DEDIC T ro cott ,,t coesrK. ~ A~.L DR~N~C~ £ASE~ENTS (DJE..} AS INDICATED ON THIS PLAT FOR THE PURPOSE OF AND ~CCESS ~TH N_O RESPONS~B~ITY FOR ~AINTENANCE THEREOF. A~L CONS£RV~TION £ASEtZENTS"(£.E.), AS INDICATED ON THIS PLAT, FOR THE PLIRPO'. x CONSE?IA T/ON W TH ~ RESPONSIBILITY FOR &IAIN TENAN£E ¢.) DEDICATE TO THE ¢OLU£R WA T~R.~I~R DISTRICT: AIL COUNTY UTILITY EAS£MENTS fC.~,[.~, 'AS INDICAT£O ON THIS PLAT, FOR TH£ PUR~ INSTAllATION, OPERATION AND WAINTENANCE OF UTILITY FACILITIES, V~TH FO~ ~A,'NTENEHA£E OF THE SURFACE EASEI~ENT AREA. STATE OF COUNTY OF THE FOREC~ A FloRIDA STATE OF COUNTY THE UNDEt~ DA TED I~A > CONSENT 7 THAT THE. HEREON. JUN 2 2001 711 i® BAREFOOt JUN 2 6 2001 20' 6 P.?'4 7'44" £- 58. 7~' S 89'~5'58"E 8,88' 1 2 4 JUN 2 6 2001 ,~.~ Q. GRADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SM1TI-L P.E. DAVID W. SCHMrlT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners March 6, 2001 D. WAYNE ARNOLD, A.I.C.1 ERIC V. SANDOVAL, PS.M? THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN Mr. John Boldt, P.E., P.S.M. Collier County Stormwater Management District 2685 South Horseshoe Drive, Suite 212 Naples, Florida 34104 RE: Barefoot Bay Lot 9 Dear Mr. Boldt: We are in the process of vacating a portion of the rear drainage easement of this lot because the pool encroaches into the easement. We propose to provide the lost storage volume at the rear of lot 1. The ~ Homeowner's Association is responsible for maintenance of these easements. ~ ~,~ We are requesting you review the attached sketches and if you have no objection to the vacation and replacement of the easements, sign below and return to our office. If you have any questions or comments, please contact our office. Very truly yours, Sharon Umpenhour I have no objection John/~.VB ol dt~,']5.E., P.S.M. ' ' Collier County Stormwater Management Director F:klOBkBAREFBAY~SUMB010306.doc (941) 947-1144 · FAX (941) 947-0375 · E-Mail: engmeering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 JUN 2 6 2001 q~. ,.,KADY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCH'MITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & A$$OCIATE$~ P.A. Civil Engineers · Land Surveyors · Planners March 6, 2001 D. WAYNE ARNOLD, A.I.C.P. ERIC V. SANE)OVAL, P.S.M. THOMAS CHERNESK'Y, P.S.M ALAN V. ROSEMAN Mr. John Houldsworth' Collier County Development Services 2800 North Horseshoe Drive Naples, FL 34104 MAR 0 7 2001 RECEIVED RE: Barefoot Bay Lot 9 Dear Mr. Houldsworth: We are in the process of vacating a portion of the rear the drainage easement of this lot because the pool encroaches into the easement. We propose to provide the lost storage volume at the rear of lot 1. The Glen Eden Homeowner's Association is responsible for maintenance of these easements. We are requesting you review the attached sketches and if you have no objection to the vacation and replacement of the easements, sign below and return to our office. If you have any questions or comments, please contact our office. Very truly yours, Sharon Umpenhour I have no objection - Jo~ Houlds~onh Collier Cowry Development Se~ices F :U OB~B AREFBAY~SUBnrl010306.doc (941) 947-1144 · FAX (941) 947-0375 · E-Mail: engineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 JUN 2 S 2001 ~. /aa Parcel Page 1 of 1 Collier County Tax Collector 2000 Tax Roll Inquiry System [zV Pzm T'zoo ~ - Nv-. '711 OWNER INFORMATION PROPERTY INFORMATION I Name:IIDAMON CUSTOM STRUCTURES INC Address:Il2822! MANGO DR Address:Il Addre,~:ll Address:Il Addres$:JIBONITA SPRINGS; FL 343.34.753.0 [Parcel:IlO03. 43. 680004 II Acre:Il°'°° I [ Loc:llsass BONITA BEACH.D !1 Lega"ll6 ~ ZS COMM AT NE CNR OF !1 LegaI:IISEC 6, THENCE SLY ALG ELI OF I Lega':IISEC 6 57.57FT TO SLY LI BONITA I Le~':IIBc" RD, W x~7.*s. TO .OB, VALUE/EXEMPTIONS Taxble Value:II450000 Millage Homestd Ex:Il0 Agricltr Ex:Il0 Widow Ex:Ilo Blind Ex:Ilo Disabled:HO Veteran Ex:HO Wholly Ex:Ilo Civ,,an Ex:Ilo TAX INFORMATION County:J[3.,596.29 School St:Ii2,33.7.05 School Ioc:J[3.,3.57.85 city Tax:l[0.00 water:l1379.:z3 I Dependt:JJ252.90 Independ:JJs28.66 J J Voter Appr:JJ3.7.60 J Gross Tax:Ii6,249.48 Appr fee:JJo.o0 J Advertising:JJo.o0 PAY TERMS I Nov:l[s,999.50 J Dec :J[6,062.O0 I Jan:ll~,3.2*'*9 I Mar:ll~,2*9.'~ ^~r:ll ~a~:ll PAYMENT INFO Paid Dt :113.3./30/00 Recpt:JJ54382 Mach:Jl09 Paymt:JJ5,999.50 Mo~:llo STATUS INFO. Non Ad Va: JlN Installment: JJN Deferred: IIN Bankrupt:: I1" TDA: Iio EXTRA LEGAL INFORMATION HENCE SLY, WLY, SLY & NLY ALGMHWL TO SLY R/W OF BONITA BCH RD S 89DEG E $8.73FT, S 89DEG E 533.47FT JJTO POB LESS ADD- ITIONAL RW (BONITA BEACH RD) DESC IN OR 2088 PG 3.82 Last Updated: 3/8/01 5:00pm http://www.colliertax.com~ecordDetail.asp?FolioI D=00141680004 AC, F. NDA~ JUN 2 6 2001 n.~./ ADY MINOR, P.E. lv.,~aqK W. MINOR, P.E. C. DEAN sMrrl-L P.E. DAVID W. SCI-IMrI'r, P.E. MICHAEL J. DEl..ATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners March 6, 2001 D. WAYNE ARNOLD, A.I.C_P. ERIC V. SANDOVAL, P.S.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN Mr. Ddmon Warfel Barefoot Bay Property Owners Association, Inc. 14510 Vanderbilt Drive Naples, FL 341 l0 RE: Barefoot Bay Lot 9 Dear Mr. Warfel: We are in the process of vacating a portion of the rear the drainage easement of this lot because the pool encroaches into the easement. We propose to provide the lost storage volume at the rear of lot 1. The Glen Eden Homeowner's Association is responsible for maintenance of these easements. We are requesting you review the attached sketches and if you have no objection to the vacation and replacement of the easements, sign below and remm to our office. If you have any questions or comments, please contact our office. Sharon Umpenhour I have no objection Barefoot B roperty Owners Association, Inc. F 5J OBXBAREFB A Y'~SU~DW010306.DOC (941) 947-1144 · FAX (941) 947-0375 · E-Mail: engineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 JUN 2 H 2001 Wi~,a~.ss: print'Name: ' David .E, .~}'::~ 5'~';7' DAMON CUSTOM STRUCTURE, INC., a Florida Corporation By~~ Print Name: Title: President STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this~----~qday of April, 2001, by Damon Warfel, President of Damon Custom Structures, Inc., a Florida corporation, on behalf of the corporation, who ( L~s personally known to me or ( ) produced , as identification. David P. Hopstetter Notary Public, State of Florida at Large My commission expires: This instrument prepared by: David P. Hopstetter, Esq. Young, van Assenderp, Vamadoe & Anderson, P. A. P.O. Box 7901 Naples, FL 34101 F:\userskDPH~Damon Custom Structures\general drainageeasementgrant032101 .wpd 2 JUN 2 6 2001 GRANT OF DRAINAGE EASEMENT THIS EASEMENT, granted this 2-~/day of April, 2001, between Damon Custom Structures, Inc., a Florida corporation, whose address is 14510 Vanderbilt Drive, Naples, Florida 34110, as GRANTOR, to the COLLIER COUNTY BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA, its successors and assigns, as GRANTEES. WITNESSETH: That the GRANTOR for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration paid by the GRANTEES, the receipt of which is hereby acknowledged, hereby conveys, grants, bargains, and sells unto the GRANTEES their successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to maintain, construct and install water management and drainage facilities, structures and improvement in, on and over the following described lands located in Collier County, Florida, to wit: (See Exhibit "A") TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEES, their successors and assigns. GRANTEES, by acceptance of this easement agree for themselves, their successors and assigns, to in no way interfere_ with the right of ingress and egress of GRANTOR, its grantees, successors and assigns, or any other party requiring access to the property over which the easement is granted to any properties abutting the property encumbered by this easement. In the event GRANTEES, their successors or assigns, shall fail to use this easement for the purposes intended, then GRANTEES, their successors or assigns, shall vacate this easement or relevant parts thereto. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed the date and year first above written. JUN 2 6 2001 Q_, ,, ~DY MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners LEGAL DESCRIPTION D. WAYNE ARNOLD, A.I.C.P. ERIC V. SANDC)VAL P$.M. THOMAS CHERNESKY, P.S.M. ALAN V. ROSEMAN DRAINAGE EASEMENT on LOT 1, BAREFOOT BAY (SKETCH ~20~6) A Parcel of land located in Section 6, Township 48 South, Range 25 East, Collier County, Florida; being more particularly described as follows: COMMENCE at the Northwesterlymost comer of Lot 1 as shown on the Plat of Barefoot Bay, recorded in Plat Book 35 at Pages 61 and 62 of the Public Records of Collier County, Florida;Thence run South 89°47'44" East for a distance of 38.73 feet; Thence run South 89'13'58" East for a distance of 46.07 feet; Thence run South 00°46'02" West for a distance of 10.50 feet to the POINT OF BEGINNING; Thence run South 29'13'57" East for a distance of 3.04 feet; Thence run South 60°46'03" West for a distance of 49.47 feet; Thence run North 00°46'03" East for a distance of 12.87 feet; Thence run North 27'20'19" East for a distance of 6.75 feet; Thence run North 60°46'03" East for a distance of 16.93 feet; Thence run South 89'13'58" East for a distance of 23.64 feet; to the POINT OF BEGINNING; Containing M4 square feet, more or less. This Property is subject to easements, reservations and/or mstricUons of record. Bearings hereon refer to the Northerly line of said Lot 1; as being South 89°47'44" East. Signed , P.S.M, ~L5426 State of Florida g :~wgs~legals~3-2056.rtf (941) 947-1144 · FAX (941) 947-0375 · E-Mail: engineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 JUN 2 6 2001 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this 2~ day of ~1 ~Z~74-( , 200 I, by DANIEL GEORGE and SUZANNE GEORGE, who (~,/) are personally known to me or who ( ) produced as identification. NOTARY PUBLIC My commission expires: Prepared by: David P. Hopstetter, Esq. Young, van Assenderp, Vamadoe & Anderson, P.A. Suite 300, 801 Laurel Oak Drive Naples, FL 34108 F:~-ts'~DP,H~Damon Custom Structures~.ollicrutilityacceptance\utiliticssubotdination&conscnt032001 .wpd AGENDA JUN 2 § 2001 UTILITY FACILITIES SUBORDINATION, CONSENT AND JOINDER TH1S SUBORDINATION, CONSENT AND JOINDER given this Z._~day of ~_ , 2001, by Daniel L. George and Suzanne George (Hereinafter referred to as "Mortgagee"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Mortgagee is used as singular or plural, as the context requires. WITNESSETH: WHEREAS, Mortgagee is the owner and holder of that certain Real Estate Mortgage securing repayment of Two Miiiion Four Hundred Seventy-five Thousand and No/100 Dollars ($2,475,000.00) which has not been recorded in the Public Records of Collier County, Florida (hereinafter referred to as "Mortgage"), encumbering the premises legally described therein, (hereinafter referred to as the "Encumbered Property"). WHEREAS, County has requested and received from the fee simple owner of the Encumbered Property a non-exclusive drainage easement over, under and/or across a portion of the encumbered premises legally described in Exhibit "A" attached hereto and incorporated herein by virtue of this reference, which premises are hereinafter referred to as the "Easement Property". WHEREAS, County has requested that Secured Party Mortgagee consent to, joinder in and subordination of its Mortgage Securing Instrument(s) to the interest that County has in the Easement Property to which request Mortgagee has agreed. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Mortgagee does hereby consent to, join in and subordinate the lien of its security Mortgage to the grant of that certain easement described herein over, under, and across the Easement Property and any interest of the County in any utility facilities located therein, thereon, or affixed thereto. Except as subordinated to the easement described herein over, under, and across the Easement Property or any utility facilities located therein or affixed thereto, said Mortgage shall remain otherwise in full force and effect. IN WITNESS WHEREOF, the Secured Party Mortgagee has caused these presents to be executed the date and year first above written. WITNESSES: GEORGE JUN 2 6 2001 JUN 2 6 2001 Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q.*GI~ADy MINOR, P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P.E. DAVID W. SCHMITT, P.E. MICHAEL J. DELATE, P.E. LEGAL DESCRIPTION D. WAYNE ARNOLD, A.I.C.P. ERIC V. SANE)OVAL, P.S.M. THOMAS CHERNESK'Y, P.S.M. ALAN V. ROSEMAN DRAINAGE EASEMENT on LOT 1, BAREFOOT BAY (SKETCH ~20~) A Parcel of land located in Section 6, Township 48 South, Range 25 East, Collier County, Florida; being more particularly described as follows: COMMENCE at the Northwesterlymost comer of Lot 1 as shown on the Plat of Barefoot Bay, recorded in Plat Book 35 at Pages 61 and 62 of the Public Records of Collier County, Florida;Thence run South 89047'44" East for a distance of 38.73 feet; Thence run South 89°13'58" East for a distance of 48.07 feet; Tl~ence run South 00°46'02" West for a distance of 10.50 feet to the POINT OF BEGINNING; Thence run South 29°13'57" East for a distance of 3.04 feet; Thence run South 60°46'03" West for a distance of 49.47 feet; Thence run North 00°46'03" East for a distance of 12.87 feet; Thence run North 27°20'19" East for a distance of 6.75 feet; Thence run North 60°46'03" East for a distance of 16.93 feet; Thence run South 89°13'58" East for a distance of 23.64 feet; to the POINT OF BEGINNING; Containing 544 square feet, mom or less. This Property is subject to easements, reservations and/or restrictions of record. Bearings hereon refer to the Northerly line of said Lot 1; as being South 89°47'44" East. Signed , P.S.M. ~5426 State of Florida g:~wgs~egals~3-2056.rtf (941) 947-1144 · FAX (941) 947-0375 · E-Mail: engineering~gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134 JUN 2 6 2001 I RESOLUTION NO. 2001- 2 3 RESOLUTION FOR PETITION AVPLAT2001-AR711 TO DISCLAIM, 4 RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S 5 INTEREST IN A PORTION OF THE DRAINAGE EASEMENT LOCATED 6 ON LOT 9, ACCORDING TO THE PLAT OF "BAREFOOT BAY" AS 7 RECORDED IN PLAT BOOK 35, PAGES 61 THROUGH 62, PUBLIC 8 RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 9 RELOCATED DRAINAGE EASEMENT ON A PORTION OF LOT 1 OF l0 SAID "BAREFOOT BAY". LOCATED IN SECTION 6, TOWNSHIP 48 11 SOUTH, RANGE 25 EAST. 12 13 14 WHEREAS, pursuant to Section 177.101, Florida Statutes, Blair Foley, P.E., from Q. 15 Grady Minor & Associates, P.A., as agent for the petitioner, Damon Warfel, does hereby request the 16 vacation of a portion of the Drainage Easement located on Lot 9 according to the plat of"Barefoot 17 Bay" as recorded in Plat Book 35, Pages 61 through 62, Public Records of Collier County, Florida, 18 and to accept a relocated Drainage Easement on a portion of Lot 1 of said "Barefoot Bay"; and 19 WI-tEREAS, the Board has this day held a public hearing to consider vacating a portion of 20 the Drainage Easement located on Lot 9, as more fully described below, and notice of said public 21 hearing to vacate was given as required by law; and 22 WHEREAS, the granting of the vacation will not adversely affect the ownership or right of 23 convenient access of other property owners. 24 NOW, THEREFORE, BE IT RESOLVED BY THE BOAKD OF COUNTY 25 COM3MSSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby 26 vacated: 27 See Exhibit "A" attached hereto and incorporated herein. 28 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 29 COLLIER COUNTY, FLORIDA, that the Drainage Easement, more particularly described in 30 Exhibit "B" attached hereto and incorporated herein, is hereby accepted as a relocated Drainage 31 Easement for that portion of the Drainage Easement vacated herein. JUN 2 6 2001 EXECUTIVE SUMMARY PETITION VA-2001-AR-528, JOHN S. MCGARVEY FROM WESTLINK ASSOCIATES, LLP REQUESTING A 4-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 24-FEET TO 20-FEET FOR A SINGLE-FAMILY RESIDENCE FOR A PROPERTY LOCATED AT 4437 BRYNWOOD DRIVE IN QUAIL WEST DEVELOPMENT. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a side yard variance in the Quail West PUD while maintaining the community's best interest. CONSIDERATIONS: The applicant is in the process of building a single-family residence on a 240-foot wide lot in the Quail West PUD. The Quail West PUD requires side yards to be a minimum of 10 percent of the lot width. According to the applicant the surveyor's mistake while locating the corners of the residence caused a 20-foot setback on one side while providing a setback in excess of 52 feet on the other side of the house. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. GROVV'FH 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 survey or Waiver of Historic and Archaeological Survey & Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: AGENDA ITEM No. JUN 2001 There is technically no land-related hardship; however, a very small portion of the residence is encroaching into the setback. Furthermore, the affected neighbor has indicated that they do not oppose the granting of this variance. Therefore, Planning Services staff recommended that the CCPC forward Petition VA-2001-AR-528 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-528 on May 17, 2001 and by a unanimous vote recommended that the Board of Zoning Appeals approve this petition. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: ,/fSUSAN MURRAY, AICP / INTERIM CURRENT PLANNING MANAGER THOMAS A. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: JOHN ~1~1. D0'NNLJCK, III, INTERIM ADMINISTRATOR DATE[ COMIVR[INITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 2 AGENDA ITEM -- JUN 2 6 2001 AGENDA ITEM 7-C TO: FROM: DATE: SUBJECT: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES APRIL 30, 2001 PETITION VA-2001-AR-528 AGENT/APPLICANT: OWNER: John S. McGarvey Westlink Associates, LLP 3521 Bonita Bay Boulevard Bonita Springs, FL. 34134 REQUESTED ACTION: The petitioner requests a 4-foot after-the-fact variance from the required side yard setback of 24-feet to 20-feet for a single-family residence. GEOGRAPHIC LOCATION: The subject property is located at 4437 Brynwood Drive and is further described as Lot 12, Quail West Unit 1, Replat, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The applicant is in the process of building a single-family residence on a 240-foot wide lot in the Quail West PUD. The Quail West PUD requires side yards to be a minimum of 10 percent of the lot width. According to the applicant the surveyor's mistake while locating the corners of the residence caused a 20-foot setback on one side while providing a setback in excess of 52 feet on the other side of the house. SURROUNDING LAND USE AND ZONING: Subject: Single-family residence under construction, zoned PUD AGENDA ITEM JUN g 6 2001 pg. Surrounding: North - East - South - West - Single-family residence, zoned PUD Single-family residence, zoned PUD Single-family residence, zoned PUD Golf course 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, 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: 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; the lot in question is 240-foot wide requiring 24-foot side yard setback on each side. Most lots in the area are smaller; therefore, requiring smaller side yard setback. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? No, the applicant built the encroaching structure. The surveyor might have caused the encroachment; however, the builder is ultimately responsible for the construction of the structure in compliance with the Collier County rules and regulations. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? AGENDA iTEM No. JUN g 6 2001 pg. ~.~-, m g in order to bring this residence into compliance with the provisions of the LDC, the structure must be removed and rebuilt with correct setbacks. However it should be noted that only a portion of the master bathroom is encroaching into the required side yard setback. 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? Yes, the requested variance is the minimum variance that will allow the applicant to complete the construction of the residence, as it is partially constructed today. 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 which would be permitted for similar residential properties in the Quail West PUD. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, the granting of this variance will reduce the amount of the required yard. However, as mentioned above only a portion of the master bathroom is encroaching into the required side yard. 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, besides landscaping, to mitigate the visual impact of this encroaching structure. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. AGENDA ITEM JUN g 6 ZOO1 PLANNING SERVICES STAFF RECOMMENDATION: There is technically no land-related hardship; however, a small portion of the residence is encroaching into the setback. Furthermore, the affected neighbor has indicated that they do not oppose the granting of this variance. Therefore, Planning Services staff recommends that the CCPC forward Petition VA-2001-AR-528 to the BZA with a recommendation of approval. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: SUS,~I M'(JRRA~f, AICP--' )//- INTERIM CURRENT PLANNING' MANAGER THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR I~ATE APPROVED BY: DATE cD~I~1%%~KITI~ DEVELOPMENT&ENVIRONMENTAL SERVICES ADMINISTRATOR Petition VA-2001-AR528. This petition has been tentatively scheduled for June 26, 01, BZA Public Hearing. Collier ~nning Commission' AGENDA ITEM No. JUN ~ 6 2:001 P~SOLUTION NO. RELATING TO PETITION NUMBER VA- 2001-AR-528, 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 utter notice as in said regulations made and provided, and has considered the advisability of a 4-foot variance from the required side yard setback of 24 feet to 20 feet as shown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition VA-2001-AR-528 filed by John S. McGarvey representing Westlinks Associates, LLP, with respect to the property hereinafter described as: Lot 12, Quail West Unit One, Replat, as recorded in Plat Book 21, Pages 84- 106 of the Public Records of Collier County, Florida. be and the same hereby is approved for a 4-foot variance from the required side yard setback of 24 feet to 20 feet as shown on the attached plot plan, Exhibit "A", of the PUD Zoning District wherein said property is located, subject to the following conditions: 1. This variance is for the encroachment shown in Exhibit "A' only. Any other encroachment shall require a separate variance. 2. In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. AGENDA iTEM NO. -- JUN 2 6 2001 BE IT RESOLVED that this Resolution relating to Petition Number VA-2001-AR~528 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: JAMES D. CARTER, Ph.D., CHAIRMAN Marjor~ M. Student Assistant County Attorney -2- AGENDA ITEM JUN g 6 ; 001 / / / // I t / / / / / / / / / / / / / / / / .. / / I / / 1 / / / / / / / / // / / ~ / / / / / / / / / / / / / T I AGENI NO. _ VA-2001-AR-52[ IIL~ ITEM (V]%RIANCE FROM SETBACK REQUIRED FOR A PARTICULA9 PETITION NO. PROJECT PLANNER VA-2001 -AR-528 Westlinks Associates, LLP DATE: 3/22/01 Chahram Badamtchian (ABOVE TO BE FILLED IN BY STAFF) PETITIONER' S NAME PETITIONER' S ADDRESS Westlinks Associatesr LLP (John S. McGarvey) 3521 Bonita'Bay ~lvd, Bonita SDr~nas. FL 34134 TELEPHONE 941-992-8940 AGENT'S ADDRESS Same as above LEGAL DESCRIPTION OF SUBJECT PROPERTY: SUBDIVISION Quail Wes~ECTION TWP. TELEPHONE LOT(S) 12 BLOCK(S) RANGE (If legal description is lengthy, i.e. metes & bounds description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY Residential EXISTING LAND USE ON SUBJECT PROPERTY Residential ADJACENT ZONING & LAND USE ZONING LAND USE N Residential S Residential E Residential W Golf Course MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: 30' SIDE: 24' REAR: 5~' CORNER LOT: ~/YES (CIRCLE ONE) WATERFRON LOT:~YES (CIRCLE ONE) AGENDA ITEM No. JUN g 6 2001 NATUK~ OF PET£TIUN Provide a detaile~ explanation of the request including what structures are ex~sting and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. Reduce the left side setback from 24' to 20'. The surveying company put the house in the original location per the architect and not the revised location per the landscaping architect. We have owned the property s~nc~ 1999, The p~rmit #2000-042029 appl~ to the residential house. This structure is st~l~ under construction- The house is due to be completed in late March. Since minimum setbacks have been 20' on other properties, we believe the 20' left side setback and ~h~ ~' riqht side ~etback should be acc~p~ab]~ even though the 10% rule would require 24' on each side. Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. The house is constructed. The left side property is owned by Mark Wilson ~ London Bay Homes. He has no Drobl~m~ with a 20' wide setback as his preliminary design for his home indicates AG~ENDA ITEM the garage structure will be placed on that side of t]~e p~5~. 2 Are there speclai con=l=lons an= clrcums=anc~ w~ wu ~uu result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. The house was constructed per the county approved architectur-1. plans, not the landscape plans which showed the intended new location of the home. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Yes, it would create difficulties for us. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes, the variance will be the minimum variance reasonable for this lot while remaining within the standards of Quail West. 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. Nor most houses in this area have 20' minimum sideyard setbacks. 3 AGENDA ITEM No. JUN 3 6 ZOO1 Will granting the variance be in harmony with the intent and purpose of fhis zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. No, the variance would not be injurous to the neighborhood. It will fit in very nicely. 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. No, there are not any natural or physically induced conditions which would interfere with ~his variance. Will granting the variance be consistent with the growth management plan. Yes, granting the variance will be consistent with the growth management plan and Steve Gunden of Quail West is in favor of this setback variance. AGENDA ITEM No .... JUN 2 6 2001 I, John S. McGarve¥ being firs= duly sworn, depose and say that I am khe owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and ac_~urate befor~ a hearing can be advertised. I further permit ~ . to act as my (AGENT'S NAME) representative in any matters regarding this Petition. State of Florida County of Collier Managing Member/ The foregoing Agreement Sheet was acknowledged before me this 25 thday of January ,2001 by John S. McGarvey X , who is personally known to me or who has produced as identification and who did (did not) take an oath. State of Florida County of Collier ~-~Rignature of Nota~ Public) NOTA/~Y PUBLI~ Commission 9 C_.,C.E~.%.D- / (-.-// mmis s ion Expires :~ ~/~/~ The~foregoing Agreement Sheet was acknowledged befor9 me this, ~5'-- day of ~--7~=~/ ,zoo, by P ,.~/,~.,-~ d.~./') ~<~ _~ .... , who is person~iy known to me or who has produced Y as identification and who did (did no~) ~ake an oath. ~igna~e of Notar~ P~ ' ,~, My Con~smon CCg22141 VARIANCE APPLICATION/md NOTARY PUBLIC / Commission ~ C_c_~ ~ Iff! My Commission Expires: AGENDA ITEM No. JUN g 6 : 001 EXECUTIVE SUMMARY PETITION PUDA-01-AR-546, MR. DON CAHILL, REPRESENTING THE BAREFOOT BEACH PROPERTY OWNERS ASSOCIATION, REQUESTING AN AMENDMENT TO THE LELY BAREFOOT BEACH PUD HAVING THE EFFECT OF INCREASING THE MAXIMUM BUILDING HEIGHT FROM TWO STORIES TO THREE STORIES WITH A MAXLMUM OF 70- FEET ABOVE THE MINIMUM BASE FLOOD ELEVATION FOR PROPERTY LOCATED WITHIN THE LELY BAREFOOT BEACH PUD AND WEST OF BAREFOOT BEACH BOULEVARD IN SECTIONS 6, 7, & 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to amend the Lely Barefoot Beach Planned Unit Development (PUD), Ordinance Number 94-28, as noted above. CONSIDERATIONS: The purpose of the proposed amendment to Section 3.4.7 (Maximum Height) in order to increase the building height from two habitable stories to three habitable stories with a maximum height of 70 feet as measured from the base flood elevation to the highest point of roof including decorative elements, but excluding chimneys. Its application will be limited to that portion of Lely Barefoot Beach lying west of Lely Boulevard referenced as Unit One, Tracts A thru K. No other revisions are proposed. 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 is to modify the maximum building height so as to be consistent with the existing structures. 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 Lely Barefoot Beach PUD or impinge on the currently approved residential properties within or adjacent to the PUD. FISCAL IMPACT: This amendment is only to modify the maximum height development standard to reflect the as built existing conditions within Unit One, Tracts A thru K. 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. A(3ENDA ITEM - JUN 2 6 2001 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 planl 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. Since no wetlands will be impacted, the petitioner is not required to submit an Environmental Impact Statement (EIS). 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 Historic and Archaeological Survey & Assessment or a waiver 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 June 7, 2001. The CCPC voted (6 to 0) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval. 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 no one spoke in opposition during the hearing to modifying the maximum building height. As a result, this petition was placed on the summary agenda. 2 AGENDA ITEM No. JUN 6 2001 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-01-AR-546. PREPARED BY: RAY ~I~O~q-S, PRINCIPAL PLANNER CURRENT PLANNING SECTION REVIEWED BY: ~SJ~L~aI''~°AN MURRAY,~AGER CURREN~ PLUG SECTION THOMAS E. KUCK, P.E., ACTING DIP,.ECTOR PLANNING SERVICES DEPARTMENT D/AT~ ' DATE D~TE' JOHN 1V~ DUNNUCK, III, INTERIM ADMINISTRATOR COMM~TY DEV. AND ENVIRONMENTAL SVCS. PUDA-01-AR-546/EX SUMMARY/RVB/rb DATE 3 JUN 6 2001 AGENDA ITEM 7-E TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES MAY 1, 2001 PETITION NO: PUDA-2001-AR-546, LELY BAREFOOT BEACH PUD OWNER/AGENT: Agent: Owner: Don Cahill Don Cahill Architect-Builder 9331 Tamiami Trail North, #8 Naples, FL 34108 Barefoot Beach Property Owners Association #1 Barefoot Beach Boulevard Bonita Springs, FL 34134 REQUESTED ACTION: This petition seeks to have the Lely Barefoot Beach PUD amended to allow three habitable floors/stories instead of two as currently required for a specific geographic area of Lely Barefoot Beach lying to the west of Lely Boulevard. GEOGRAPHIC LOCATION: The Lely Barefoot Beach development is located in the most extreme N.W. comer of Collier County. It lies on the south side of Bonita Beach Road contiguous to the Gulf of Mexico. The sub-area to which this petition apPlies lies west of Lely Boulevard and is referred to as Unit One (See location map following page). AGENDA IT~:M ' JUN 2 6 2001 ~~,. iil! ~P,/,l~__,, Iit;'2; -:f,'l i1~{~. ~~~ ,!~, ' or ~xzco JUN g.6 2001 GULF Pg. , ~, PURPOSE/DESCRIPTION OF PRO,]ECT: This amendment would allow three habitable stories with a maximum height of 50 feet above mean flood elevation instead of two habitable stories above the flood elevation. Its application will be limited to that portion of Lely Barefoot Beach lying west of Lely Boulevard referenced as Unit One. No other revisions are proposed. SURROUNDING LAND USE AND ZONING: With relatively few exceptions most lots in Unit .One have been developed with single-family residences. Unit One land uses are limited to singlefamily detached housing. Land in the Lely Barefoot Beach PUD is predominately development with single-family housing except for one portion of the PUD where multiple-family structures are located. These structures are 4 stories above the flood elevation. Lely Barefoot Beach is zoned PUD. GROWTH MANAGEMENT PLAN CONSISTENCY: No growth management plan consistency analysis is necessary by this amendment as various elements of the GMP are unaffected by a revision to the height of single-family homes. AGENDA iTEM No. - 2 jUN 2, 6 2001 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 historic/archaeological survey and assessment is required. The PUD Document shall contain the following information: 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 any historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: This amendment has no relationship to the jurisdictional concerns of required reviewing agencies and staff such as Transportation, Engineering, Utilities and the like as it only deals with a dimensional development regulation and as such has no relationship to infrastructure. ANALYSIS: Over the past fifteen (15) years single-family residences have been constructed in Unit One, Beachfront Gardens section of Lely Barefoot Beach that included three storey structures. The PUD does not regulate height per-se but rather limits the number of habitable floors. Because the currently approved ordinance is silent as to the regulation of height, building permits have been issued over the past 15 years for residences containing three stories above the flood elevation where the owner maintained that the third storey was not habitable space but rather supported recreational amenity space. Undoubtedly, over time this third storey was converted to habitable space. For all practical purposes approximately 21 of residences in the Unit One, Beachfront Gardens district today have three habitable floors. To that extent they constitute non-conforming structures, which places a legal cloud on their title and may complicate future sales of the property. The Property Owners Association governing Unit One, Tracts A thru K recognizing this problem have requested a revision so as to legally recognize those three storey structures as having three floors of habitable space. Collier County has been a party to authorizing the issuance of building permits for single-family residential structures exceeding a height of three stories in the Unit One section of Lely Barefoot Beach. Provisions governing height and number of stories is poorly written in this PUD and may in fact be deemed non-existent. Consequently, whether intended or not structures containing more than two stories were permitted. To deny the change to legally acknowledge the presence of those residences will not cause them to be of removed and would merely cause a burden to those homeowners who now have three storey structures. Therefore, staff is stipulating that the proposed building height of three habitable floors be limited to a maximum building height of 50-feet. The maximum height is to be measured from the mean flood elevation to the mean roof level. AGENDA ITEM No, JUN I1:6 001 The proposed amendment to the PUD development standards does not effect the issue of consistency with the County's Growth Management Plan since the plan is neutral on the matter of building height. Neither is it an issue of good or bad neighborhood planning as clearly the affected neighborhood is recognized as a most desirable place to live by virtue of the investments reflected by the homes in this area. Because many of the homes are of a similar height there would not appear to be a problem with respect to compatibility. ENVIRONMENTAL RELATIONSHIPS: Given the nature of this amendment in that it does not really change anything and is of such a limited nature, staff is of the opinion that there are no environmental impacts resulting from this change. As such the amendment was not referred to the Environmental Advisory Council. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUDA-2001-AR-546 an amendment to the Lely Barefoot Beach PUD to allow three habitable floors with a maximum height of 50-feet above flood elevation in Unit One, Tracts A thru K sub-district as described by the Amending Ordinance made part of this staff report. AGENDA ITEM No .... JUN g 6 2001 ~/~ELLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION REVIEWED BY: /~USAN MI_JRRAY~AGER CURRENT PLANNING SECTION THOMAS E. KOOK, P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT DXTE DATE ERIM ADMINISTRATOR NVIRONMENTAL SVCS. Staff Report for the June 7, 2001 CCPC meeting. COLLIER COUNTY PLANNING COMMISSION: DATE , CHAIRMAN PUDA-2001-AR-546/STAFF REPORT/RVB/rb AGENDA ITEM No. JUN 2 6 ZOO1 PETITION NUMBER DATE PUDA~2001 -AR-546 Lely Barefoot Beach PUD PUD-77-19, Proj. # 2001030059 DATE: 4/6/01 APPLICATION FOR PUBLIC HEAR1N~ FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) Barefoot Beach P.O.A. Applicant's Mailing Address City Bonita Springs State Florida Zip 34134 Applicant's Telephone Number: Res.: Bus.:9/~7_~l__ property?(9:00 A.M. Is the applicant the owner of the subject weekdays 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.) Don Cahill Don Cahill Architect-Builder 2. Name of Agent Firm 9331Tamiami Trail,No., #8 State Agents Mailing Address FL 34108 BUS.: ~o-~-~ ~ city Naples Telephone Number: Res.: ' AGENDA ITEM No. JUN g 6 2001 /0 PUD ORDINANCE NAME AND NUMBER: 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more 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)· THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION· IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. 5. Address or location of subject property 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)· TYPE OF AMENDMENT: (TEXT CHANGE} X A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: __No If no, explain: ~/Yes HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? AGENDA ITEM NO. JUN 2 6 2001 :,DON CAHILL ARCH-BLDR FF-~X NO. : g41597-1S'~0 Mar. 19 2E~l ll:00AM P~ 10. HAS ANY PORTION OF THE PUD BEEN SOLD A/~D/OR DEVELOPED? ARE ANY CHANGES pROPO-~ED FOR ~E AREA SOLD AND/O~ DEVELOpED?yes. No. IF YES, DESCRIBE: (ATTACH ~VIT depose an~-say that We are the~ o~er~ o~ ~e pro~rtY described herein and which is th. subject matte: of the propos~ hearing; that all the answ~s to ~e ~estion~ in thi~ app!i~tion, and all sketches, data, and o~er supplementary matter a~ta~ed to an~ made a part of ~i~ application, are honest and tr~e to the best of o~ ~owledge ~d ~lief. We understand this application must be completed and accurate ~fore a hearing can be advertised. We further pe~it the under~i~ed to act as our representative in any matters regarding this pe%~i~n, ' '" ~ NOTE: SIGNAT~ES OF ~L~. O~ERS ~E ~DATORY. Sta%e of Florida county of collier The forego~ing Application ~s acknowledge~ before me this /~ day of ~/~'/~ , 200 ~ by ~//~/. n, ~~' .WhO. ~' '-- 1 ~Wn ~o m~°f ~o na~ Pr~duced is per~onal'~ y __ as id~tif~=a~on and who did (did not) 'fOr ~ ' 8on~ Inc. l 1.~3-NOTARY FL Nota~ Se~.ce & -(~igDature of Notary Public) No--6~/~ ~U~L~C My commission Expir~m:'3UWE pUD\~O APPLICATION AGENDA ITEM No. .- JUN Z,$ 2001 Don CAHILL Architect · Builder May 14,2001 MAY 1 5 20ol RECEIVED Mr. Ronald F. Nino Collier County Planning Services Dept. 2800 North Horseshoe Drive Naples, Florida 34104 Re: Petition #PUDA-2001-AR-546, Lely Barefoot Beach PUD Dear Ron: Enclosed is the information ¥o.u~suggested~we.be prepalre~.~ito give for our petition. It may also be noted that besides the nearly one third of the built homes have a third floor now the existed one living level and some two living level homes are being demolished to be replaced with larger three living level homes. The future undoubtably will be a desire to further either add or renovate the homes to include a more enhanced third level if possible. Obviously this petition expresses the Property Owners Association elected leadership to make it possibly to allow three story homes complete with all amenities and not hindered by its own PUD. Ron, please let me know if there is anything holding up this petition at this point. Phone me when you get this to bring me up to date as to when we can expect our public hearing. Thank you. Sincerely, Don Cahill AIA As Agent for Barefoot Beach POA 708 110th Avenue North · Naples, Florida 34108 AGENDA ITEM No. JUN 2001 Pg. _/'--.' . _ , Lic. #'s AR4488 CGC061433 Office (941) 597-6266 · Fax (941) 597-1540 PROPERTY OWNERS ASSOCIATION May 10,2001 Mr. Ronald F. Nino Collier County Planning Services Dept. 2800 North Horseshoe Drive Naples, Fl. 34104 RE: Petition No PUDA-2001-AR-546, Lely Barefoot Beach PUD Dear Mr. Nino: We have 91 homesites and they are broken down as follows: 16 vacant sites 4 1 floor 50 2 story 21 3 story Should you have any questions, please do not hesitate to contact me. Sincerely, BAREFOOT BEACH PROPERTY OWNERS ASSOCIATION #1 BAREFOOT BEACH BOULEVARD, BONITA SPRINGS, FL 34134 941-947-6690 FAX 941-947-6690 AGENDA ITEM No .... JUN 2-6 2001 AGENDA ITEM NO. ,,, JUN gO 2001 ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 77-48, AS AMENDED, THE LELY BAREFOOT BEACH PUD, BY PROVIDING FOR: SECTION ONE WHICH AMENDS SECTION 3.4.7., MAXIMUM HEIGHT, OF SECTION IH, LOW DENSITY SINGLE-FAMILY RESIDENTIAL, AND SECTION TWO WHICH PROVIDES FOR AN EFFECTIVE DATE. WHEREAS, on September 9, 1977, the Board of County Commissioners approved Ordinance Number 77-48, which established the Lely Barefoot Beach Planned Unit Development; and Whereas, on December 17, 1885, the Board of County Commissioners approved Ordinance Number 85-83, and on July 21, 1987, Ordinance 87-53, and on August 2, 1988, Ordinance 88-63, and on May 24, 1994, Ordinance 94-28 all of which amended ordinance 77-48; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO MAXIMUM HEIGHT SUBSECTION OF LOW DENSITY SINGLE-FAMILY RESIDENTIAL SECTION OF LELY BAREFOOT BEACH PUD. Subsection 3.4.7, Maximum Height, of Section IH, Low Density Single-Family Residential, of Ordinance Number 77-48, as amended, Lely Barefoot Beach Planned Unit Development is hereby amended to read as follows: 3.4.7. MAXIMUM HEIGHT: Twe Three stories with a maximum highest point of roof to be 70-feet NGVD including decorative elements, but excluding chimneys. When the first habitable floor is raised a sufficient height above ground level to permit the underbuilding area to be used for automobile parking and other utilitarian purposes, that underbuilding area shall not be deemed to be a story. SECTION TWO: EFFECTWE DATE This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. -1- AGENDA ITEM NO. . JUN 26 2001 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 COIVI]VIISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency: Marj ori/3M. Student Assistant County Attorney g/adminJPefition/Ordinance No. 77-48/RN/im AGENDA ITEM No. .$ 001 EXECUTIVE SUMMARY PETITION PUDA-01-AR-488, MR. TIM HANCOCK, REPRESENTING HB HOLDINGS OF SW FLORIDA, LLC, REQUESTING AN AMENDMENT TO THE DAVINCI ESTATES IN OLDE CYPRESS PUD HAVING THE EFFECT OF REDUCING THE MINIMUM REAR YARD SETBACK FROM 25 FEET TO 20 FEET AND TO REDUCE THE FRONT YARD SETBACK FROM 20 FEET TO 10 FEET ONLY FOR A SIDE ENTRY GARAGE WHILE MAINTAINING THE 20-FOOT SETBACK FOR THE PRINCIPAL STRUCTURE FOR PROPERTY LOCATED NORTH OF IMMOKALEE ROAD (CR-846) AND APPROXIMATELY 1.3 MILES EAST OF 1-75 IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To have the Board of County Commissioners consider an application to amend the DaVinci Estates in the Olde Cypress Planned Unit Development (PUD), Ordinance Number 98-12 as noted above in order to ensure that the community's interests is maintained in this single-family neighborhood. CONSIDERATIONS: The purpose of the proposed amendment to Section 5.5 (Development Standards) is to modify the minimum front yard setback for single-family structures to allow flexibility in design and variety in the type of dwellings provided. Single-family dwellings that provide 2 parking spaces within an enclosed side-entry garage and provide an area for guest parking may reduce the front yard setback from 20-feet to 1 O-feet for the garage while retaining the 20-foot for the principal residential structure. By reducing the front yard setback for a garage, the dwelling may be situated in a way to alter the design while still providing adequate driveway depth for parked vehicles. They also are requesting to reduce the rear yard setback from 25 feet to 20 feet when abutting a lake in order to provide the same setback as approved in the adjacent Olde Cypress PUD. Lastly, they are requesting an exemption for project entry signs to be located a minimum of 5-feet from the back of curb of any private access drive or private right-of-way, provided a minimum safe visual clearance is maintained at all intersections. All of the subject property i~-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 front and rear yard setbacks 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 DaVinci Estates in Olde Cypress PUD or impinge on the currently approved residential properties within or adjacent to the 2 6 FISCAL IMPACT: This amendment is only to reduce the minimum rear yard setback from 25 feet to 20 feet and the front yard setback (for a side entry garage) from 20 feet to 10 feet. 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 will be encroached upon, no Environmental Impact Statement (EIS) is required. 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 Historic and Archaeological Survey & Assessment or a waiver 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 June 7, 2001. The CCPC voted (6 to 0) to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval. - ~,eENDA I'rEM I~0. JUN 2 6 2001 The CCPC also found this petition to be consistent with the Growth Management Plan (GMP) and they deemed that it was compatible with the surrounding development. It should be noted that no one spoke in opposition during the hearing and Staff has not received letters expressing opposition to reducing the setbacks. As a result, this petition was placed on the summary agenda. 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-01-AR-488. PREPARED BY: RAY I~LLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION REVIEWED BY: SU~AN MURRAY, ~I~GER CURi~NT PLANNING SECTION THOMAS E. KUCK, P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT DATE JOHN Iv~D~CK, III,~ITERIM ADMINISTRATOR COMMU~TY DEV. AND ENVIRONMENTAL SVCS. PUDA-01 -AR-488/EX SUMMARY/RVB/rb DATE 3 AGENDA iTEM No. JUN 2 6 ~00~ pg. ~-~ AGENDA ITEM 7-D TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MAY 16, 2001 PETITION NO: PUDA-01-AR-488, DAVINCI ESTATES IN OLDE CYPRESS PUD AGENT/APPLICANT: Agent: Tim Hancock, AICP Vanasse & Daylor, LLP 3001 Tamiami Trail, Suite 206 Naples, Florida 34103 Owner: HB Holdings of SW Florida, LLC 800 Seagate Drive, Suite 203 Naples, Florida 34103 GEOGRAPHIC LOCATION: The subject PUD is located north of Immokalee Road (CR-846) and approximately 1.3 miles west of 1-75 in Section 21, Township 48 South, Range 26 East. (See iljustration on following page) REQUESTED ACTION: The petitioner is requesting to amend the DaVinci Estates in Olde Cypress PUD (Ordinance Number 2000-11) in order to modify the minimum front yard setback from 20 feet to 10 feet for single-family dwellings utilizing a side entry garage while maintaining the required 20-foot setback for the principal structure. This change applies to single- family dwellings that provide 2 parking spaces within an enclosed side entry garage that are attached to the main dwelling. It should be noted that front entry garages retain the existing 20-foot setback in order to provide adequate driveway depth for parked vehicles. In addition, the petitioner is requesting to amend Section 5.5.2 (1) to reduce the rear yard setback from 25 feet to 20 feet when abutting a lake. Lastly, Section 5.5.2 (3) of the PUD document has been amended to allow an exemption for project entry signs. 1 AGENDA ITEM -- JUN 2 6 2001 PURPOSE/DESCRIPTION OF PROJECT: The purpose of the proposed amendment to Section 5.5 (Development Standards) is to modify the minimum front yard setback for single-family structures to allow flexibility in design and variety in the type of dwellings provided. Single-family dwellings that provide 2 parking spaces within an enclosed side-entry garage and provide an area for guest parking may reduce the front yard setback from 20-feet to 10-feet for the garage while retaining the 20-foot for the principal residential structure. By reducing the front yard setback for a garage, the dwelling may be situated in a way to alter the design while still providing adequate driveway depth for parked vehicles. They also are requesting to reduce the rear yard setback from 25 feet to 20 feet when abutting a lake in order to provide the same setback as approved in the adjacent Olde Cypress PUD. Lastly, they are requesting an exemption for project entry signs to be located a minimum of 5-feet from the back of curb of any private access drive or private right-of-way, provided a minimum safe visual clearance is maintained at all intersections. SURROUNDING LAND USE AND ZONING: Existing Conditions: The subject PUD is undeveloped. The property is zoned PUD. Surrounding- North: East: South: West: A golf course and residential community that is presently under construction and zoned Olde Cypress PUD. The gross density of the Olde Cypress PUD is approximately 2.2 units per acre. A golf course and residential community that is presently under construction and zoned Olde Cypress PUD. A golf course and residential community that is presently under construction and zoned Olde Cypress PUD. A golf course and residential community that is presently under construction and zoned Olde Cypress PUD. 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 (FLUE) to the Growth Management Plan (GMP). A review of consistency relationships with elements of the GMP is as follows: Future Land Use Element - The proposed amendment to reduce the rear yard setback and the front yard setback for garages attached to a single-family dwelling 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, the proposed amendment is consistent with the FLUE AGENDA ITEM of the GMP. No. JUN g 6 2001 2 .,,, Pg. ~ , HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION INFRASTRUCTURE: 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 25-feet to 20 feet and the front yard setback from 20-feet to 1 O-feet for the garage. Staff is of the opinion that this amendment will not adversely impact the development strategy for the DaVinci Estates PUD or impinge on the currently approved residential properties adjacent to the PUD. Relationship to Future and Existing 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 contain the Olde Cypress PUD, which allows 1,100 units at a density of 2.2 units per acre. With respect to the matter of compatibility, this is an evaluation whose primary focus is similarity of land use. The petitioner's stated intent is to primarily construct single-family residential dwellings with a variety of styles. The PUD document currently requires a front yard setback of 20-feet, a rear yard setback of 25ofeet and 10-feet for side yards. The proposed development standards are generally consistent with the standards for PUD single-family residential zoning districts and with the adjacent PUD zoning district. Therefore, staff is of the opinion that the proposed amendment is compatible with the adjacent properties. Furthermore, the application of PUD architectural theme requirements should remove any perception that there re any incompatibilities in dwelling types with adjacent land areas. AGENDA ITEM No. l"l zo01 ,JUN 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. In 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 PUD. The proposed amendment to reduce the minimum front 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 GMP 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 Infrastructure - The site is accessible to a public sanitary sewer and municipal water supply. This amendment will not change or impact the previous approval. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) forward a recommendation of approval of Petition PUDA-2001-488 for the purposes of amending Section 5.5 of the DaVinci Estates in Olde Cypress PUD. 4 - AGENDA ITEM PREPARED BY: PLANNING SECTION REVIEWED BY: S, USAN MURRAY, CURRENT PLANNING SECTION THOMAS E. KUCK, P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT ATE DATE APPROVED BY: ~ COI~-NITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for the June 7, 2001 CCPC meeting. DATE RVB/rb/STAFF REPORT/AR488 AGENDA ITEM No. JUN g 6 ZOO1 PETITION NUMBER .' DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMeNDMeNT/DO AMeNDMeNT COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING Name of Applicant(s) Applicant's Mailing Address~0 City N~p~ State Applicant's Telephone Nu~er: Res.: BUS': 0 Is the app~cant the owner of the subject property? 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 ~pplicant is a contract purchaser, attach copy of contract, -and indicate actual owner(s) name and address below. (If space is ina'ae~uate, attach on separate page,) 2. Name of Agent Firm Agents Mailing Address City Telephone Number: Res.: State Bus.: Zip AGENDA ITEM JUN 6 2001 Telephone Number: Res.: 5~[.~ - 5~0 Bus.: .q%~-~a~ PUD ORDINANCE N~E AND NUMBER: ~ 0 ~--~ O~O Provide Legal (if PUD Recorded) or Graphic Description Of Area Of ~endment (this may be graphically iljustrated on ~ended PUD Master Plan). If portion of PUD, provide legal for subject portion. - Provide Written Description of Map Change (If space insufficient use attachment) o Provide C ~ urre.~ PUD Document and Master Plan. Yes ~ Provide ~mended PUD Master Plan. Yes ' ~ Provide reduced 8~ x 11 Graphic location map of subject property. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: No If no, explain: Yes 10 1!. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN TH? HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). 2 AGENDA ITEM JUN AFFIDAVIT We, being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of t'he proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. · .,uro-Fl r)da Fun, a, SIGNATUR~ ~$~R.- SIGNATURE OF OWNER State of Florida County of Collier SIGNATURE OF AGENT ~enclilCatlon and who ~ (db~not) take an oath. (SI gna r~~t a~ ~j~- i~ ~ J / No CCS~2a,.-,6 / NOT~Y PUBLIC ' .Th~ foregoing Application was acknowledged before me this ~J~ , iS as My Commission Expires: PUD\DO APPLICATION/md/412 8 3 AGENDA ITEM NO. JUN 2 6 2001 FROM : HB HOLDIN-~ FPJ~ NO. : 9~.~4D~-487,1 Fe~. 2~ ~"~01 10:07AM P3 PZTITION ~fUM~ER DATE ~;ame of Applican". (s) Appilcan'.~s. Mailing Address 3F 7 pits .... is %he ~p,p~can= the cwner cf uhe subject property? Yes Nc (a) If applican~ is a land Urust, so lndicaze and name beneficiaries below ~ (h) If applicant is corpcra~Icn o=her ~han ~ public cc_-pcra~ion, so ind!cat~ and name cfficers and ma~or s=ockholders (c) if applicanU is a parUnarmhlp, llmi~ed parunersh~p or other business en=i~y, ~o indicate and name principals below. (d) if applicant is ~ owner, indicaue exactly aa recorded, and list ail ether cwners, zf any. (e> If applican5 is a ].~ssee, au=ach copy cf lease~ and indi__c~ e actual cwners if nc~ indicated on uhe lease (f) If a~plican-- is a ccntract purchaser, at~ach c_~,p¥ cf ccnUrau~, ---nd indicate ac=ual cwner(si n=-r.e and address beicw. <if space is inadequmue, atcach on separaue page.~ 2. Name of Agent Firm Agan~s Mailing Address City State Telephcne Nu.~ber: Zip AGENDA ITEM No, JUN 2 6 2001 FROM : H]B HOLDINGS FA~ NO. : 942-,405-4~?*- F~. ~5 ~01 2E,':~.'M P5 AFFIDAVIT. da~c~e an:~.-SaY ~ha~-w~ al-e ~i~.~ owr. er$ o~-tha prcper~y des:ribed P. er~ir: ank which is the ~ubJec~ matter of the proposed tearing; tha~ ail the answers to nhe ~estSon~ in this aU. plica~lon, and all sketches, da~a, and o~her supplementary ma~er a~ac~ed to and made a ~arn cf ~his ~pplica~ion, are hones~ and :~e tc the bes~ of cur kn:wl~s and helioS. Ws undersnand this application mus~ be complened and accurate before a h~arin~ can be advertised. We further permi~ th~ undersi~,~d tc act ~s our represen~a~ive in any ~ters regar~ing thi~ ~et!~i~n. NOTE: SIGNAlerS' OF ~L O~RS ~E F~DAT~RY. ~!GN~TL~ O~EPJ S!G~ATUR~ CF C~ER ~CIGNATL~RW. CF A~ENT Stat~ cf Florida County cf Collier The f~re~olnc Application was aTknowiedge~ b~fcre me this ~;~f~ dav of ~~ , ~.~o~/by ~3~4~,~ ~-/~'££~1" -' ~ho ~z'~ona!!v kncwn ~o ~.~)or wnc nas ~recuced W/~? as idmn%iflc~'icn and '~L~o did (did no=) :ak~ an c~;n. (Si~natu~ ~f Hilcla T Slovanick , Co i ion Expires September 2l 2003 NOTARY PUBLIC Commission % My Commission pL-D\,DO APPLICATION/md/4"-2 B AGENDA ITEM NO.__ -- JUN 2, 6, 2001 F~b. ~3 ~0~1 ~9:53AM P3 PETITION NUMBER DATE A~PLICATION FOR i~U~LIC H~.ARING FOR PUD Am~n~/DO AMeNDMenT COMe, UNITY DE~LOP~ DIVISION Applicant's Mailing Address ~F / Applicant's Telephone Number: Res.: ~]~/~s.: Is the applican= the owner of the subjec~ properSy? Yes No (a) If applicant is a land trust, so indicate and name (bneficiaries below. ) 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 partnersh±p o~' other business entity, so indicate and name princiDa!s 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 5he lease. __ (f) If applicant is a contract purchaser, attach copy of con%tact, _and indicate actual owner{s) name and addres= below. - (If space is inadequate, Jach on separate page.)/ 2. Name of Agent Firm Agents Mailing Address City Telephone Nuraber: Res.: State BUS. : Zip AGENDAITEM No. JUN 2001 ,.,,. FROM : HB HOLDINGS FAX NO. : B41-403-4B?l Feb. 23 2001 09:54AM P5 AFFIDAVIT depose and say tha= w~ ~ W ar'' e the 'Bwners o/' the property desuribed herein and which is the subject matter of the proposed hearing; that all answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MAN] SIGNATURE OF OWNER SSate of Florida County of Collier %TORY. [GNATLIRE OF AGENT The fo~_~ing Application was acknowledged before --day of ~CZ~z/~ , l~39J~__~c/ by oersona!lv known t~/m~ or who has produced ide----ntificatior_ and~who did (did,~nqt)take-an oath. (Signature of Notary Publ/ic) r~e this ~ , wp.o is Commission ~ ,,,,M~,~o,?, NotarvPublic, State of Florida 'w.,.-~-i -t-$',~:~.~l.g C0n~issionNo. CC 64326~ My C omm i s s i on _~r- __~ '¢'o~ ~.~" My Commission Exp. 04/29/2001 PUD~DO APPLICATION/md/4128 3 AGENDA ITEM NO. JUN g 6 ZOO1 PETTTTON* NU'M~ ER DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DL~FELOPMENT DIVISION CITRRENT PLANNING Applicant's Mailing Address Is the ap~t the owner of the subject property? _ 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 tke lease. (f) If applicant is a contract purchaser, attach copy cf contract, and indicate actual owner(s) name and address below. (If apace is inadequate, attach on separate page.) 2. Name of Agent Firm Agents Mailing Address City Telephone Number: Res.: State Zip AGENDA ITEM NO. JUN 6 2001 FROI'I : I-lB HOLDINGS FI:IX NO, : 941-403-4@71 Feb. 23 ~! !0:281::t1,t 1=5 AFFIDAVIT depose and say that we are the owners' of the property described herein and which is the subject matter of the proposed hearing; that ali the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this applica=ion, are honest and true to the best of our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised. We further permit the undersigned to act as our representative in any matters regarding this Petition. F ALL OWNERS ARE MANDATORY. SIGNATURE OF OWNER SIGNATUR~ OF AGENT State of Florida County of Collier The fo~.egoing Application was ackn_qw~edged,before me this ~6wn to mawr who has prodJ~ed-' '- -' as identification and who did (did not) take an oath. Signatu~ Notary Publi~ ff ~OMM~ION NO. ~C~M~IONE~P.~.6~2 My Commission E~'i~e~': /O~/~ P~DO APPLI~TION/md/412 8 3 AGENDA ITEM -- JUN O 2001 .. FROi4 : HB HOLDINGS FAX 140. : 941-403-48'71 Feb. 23 20~.1 E~-:30¢¢1 P3 A~PLIC;~TIO~ FOR i~UBLIC I~EA~ING P~ ~~/D0 C0~ITY D~LOP~ D~v~sION Applicant's Telephone Nu~er: Rem.: Bus.: Yes Nc (a} If applicant is a land trust, sc indlca=e and naficiaries below. ) If applicant is corporation other than a Dubiic co~oration, so indicate and name officers and majcr stockholders kelow. (c) If applicant is a parnnership, limited partnership or e~h~r business entity, ~o ~ndieate an~ name below. ' (d) If applicant is an on_er, indicate exactly as recorded, and lisu all cther owners, if any. (e) If applicant is a !essex, attach copy cf imase, and indicate actual owners if nou indicaued on the lease. (f) if applicant is a ccn~racu purchaser, astack copy cf ccn~ract, and indicate actual owner(s) name and address below. (If space is inadequate, at~ach on separate p~ge.) 2. Name of Agent Firm Agents Mailing Address City Telephone Number: Res.: StaCe Bus.: Zip AGENDA ITEM NO. JUN 2 $ 7001 FROM : HB HOLDINGS FA~ NO. : B41-~3-~1 Feb. 23 2001 Ef~.:51AM PS AFFIDAVIT depose and say =ha~ we are the owners of the property described herein and which is the subject matter cf ~ke proposed hearing; that all the answers to ~he ~aes~ions in this application, and all sketches, data, and o~her supplementary matter attached to and made a part of this applica~ion, are honest and ~rue ~o the best cf our knowledge and belief. We understand this application must be completed and accurate before a hearing can be advertised, we further permit the undersigned to act as cur representative in any ~atters r~gardin? thi~ Petition. ~OTE: SIGNATb~ES O~ ALL OWNERS ~ NDt~ATOR¥. SIGNAT~E OF'OWNER SIGNAT'~E OF SiCNATL~E OF AGENT State of Florida County of Collier The fore:oing App!icaticn was acknowledged before me this ~64_ personall~ kne~ =~ me or who has produced as Cc~,mis~ion ~ My Commission ExDir~s: PYD~D0 APPLZCATION/md/4I~8 AGENDA ITEM NO .... JUN 2 6 2001 VANASSE & DAYLOR, LLP Planners · Landscape Architects · Civil Engineers ° Environmental Scientists FL Lic #366 May 17, 2001 Mr. Ray Bellows Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 RE: DAVINCI ESTATES IN OLDE CYPRESS MINOR AMENDMENT TO PUD 99-26 Dear Mr. Bellows: Attached to this cover letter is a revised page 8 of the DaVinci Estates PUD. The document has been modified to be consistent with the Development Standards of the previously adopted Olde Cypress PUD. The property is located wholly within the Olde Cypress PUD and is currently being developed. The purpose of this application is to modify the rear yard and front yard setbacks. The rear yard minimum setback as outlined in Section 5.5, Item 1 is 25 feet and we would like to amend the PUD to allow for a rear yard setback of 20 feet. As we discussed, this request is necessary to accommodate the irregular nature of the lots, particularly those which are lakefront. Additionally, the application seeks to modify Section 5.5, Item 6, which states "Single Family dwellings which provide for two (2) parking spaces within an enclosed side-entry garage and provide an area for guest parking other than private driveways may reduce front yard requirements to ten (10) feet for the garage and twenty (20) feet for the remaining structures." This change will allow for a more aesthetically acceptable layout and take full advantage of the individual driveway capacities. Olde Cypress, a 538-acre tract, surrounds the DaVinci property and utilizes the identical setbacks as proposed above therefore the amended PUD would be in conformance with the surrounding property. Additionally, a minor change relative to project signage has been added on page nine (9) of the PUD Document. I trust you will find this request acceptable. call. Should you have any questions please feel free to Regards, VANASSE & DAYLOR, LLP Tim Hancock, AICP Director of Collier County Services TH/vm Enclosures (16) ;.',?, vj~i~'~4.3 ;'~4'3 ;~3-Dd'v'iH~i E,~tu~ FUD AmenU\4. O i6.~-ktr It) ~,eJiuwsu~o. ~ ov,u~ .aoc . 3001 Tammmi Trail North, Suite 206, Naples. FL .~410.~ · Webs]re: www. vandav, com Telephone: 941-403-0223 · Fax: 941-263-5096 · Email: admin~vandav, com AGENDA ITEM No. JUN 2 6 ZOO1 ORDINANCE NO. 01-__ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8641N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS DA VINCI ESTATES IN OLDE CYPRESS PUD, FOR PROPER!'Y LOCATED NORTH OF IMMOKALEE ROAD (C.R. 846), AND APPROXIMATELY 1.3 MILES WEST OF 1-75, LOCATED IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.4+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2000-11; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Tim Hancock, AICP, of Vanasse & Daylor, LLP, representing HB Holdings of Southwest Florida, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. .. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification of the herein described real property located in Section 21, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference_made part hereof. The Official Zoning Atlas Map numbered 8641N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 2000-11, known as the Da Vinci Estates in Olde Cypress PUD, adopted on February 22, 2000 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. AGENDA ITEM NO. 6 ZOO1 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 Approved as to Form and Legal Sufficiency BY: JAMES D. CARTER, Ph.D., CHAIRMAN Marj orle M.-StUde~t Assistant County Attorney G:/admin/PUDA-2001 -AR488/RB/cw AGENDA ITEM JUN 2 6 2001 SDP-2001-AR488 DaVinci Estates in Olde Cypress Proj# 19990327 Date: 3/14/01 DAVINCI ESTATES IN OLDE CYPRESS A PLANNED UN1T DEVELOPMENT EXHIBIT A Prepared by: HOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South _ Naples, Florida 34102 January, 2000 Revised: March, 2001 HMA File No. 1999011 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals &~NDA ITEM JUN 2 6 2001 TABLE OF CONTENTS SECTION I - Statement of Compliance .............................. SECTION Il - Property Ownership, Legal Description, Short Title, and Statement of Unified Control .................................................... SECTION III - Statement of Intent and Project Description ........ SECTION IV - General Development Regulations SECTION V - Permitted Uses and Dimensional Standards .......... SECTION VI - Environmental Standards ............ SECTION VII - Transportation Requirements ........... SECTION VIII - Utility and Engineering Requirements ............................................................... 12 SECTION IX - Water Management Requirements ...................... ,,. .............................................. 14 Page Exhibit A - PUD Master Plan Exhibit B - Legal Description EXHIBITS AGENDA ITEM JUN 2 6 ~001 SECTION I Statement of Compliance The development of approximately 40.37 acres of property in Collier County, as a Planned Unit Development, to be known as da Vinci Estates in Olde Cypress, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Ivlanagement Plan. The residential component of the project and recreational facilities of da Vinci Estates in Olde Cypress will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property is within the Urban Mixed Use Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and 5.3 of the Future Land Use Element. The Urban Mixed Use Residential designation is intended to provide locations for the development of higher densities and intensities of land use and permits a maximum density of four (4) dwelling units per acre within this land use designation pursuant to the Density Rating System of the Future Land Use Element of the Collier County Growth Management Plan or sixty-one (61) single family dwelling units. The proposed PUD rezoning of the subject property will not exceed sixty-one (61) single family dwelling units; therefore, it may be found consistent with the Density Rating System of the Future Land Use Element of the Collier County Growth Management Plan with a gross density of 1.5 dwelling units per acre. The subject property's location in relation to the existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. All final Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance, Division 3.15, of the Land Development Code. A(~ENDA ITEM No. JUN 2 6 2001 -1- SECTION II ProperD' Ownership, Legal Description, Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently owned by H.P. Holdings. 2.2 L~egal Description_ The Subject Property contains 40.37 acres (see Legal Description, Exhibit B). 2.3 General Description of Proper~ The property is located on the north side of Immokalee Road, approximately 1.3 miles west ofl-75 and one-half(½) mile north oflmmokalee Road. The zoning of the subject property prior to the application for PUD rezoning is "A" Agriculture. 2.4 Short Title 2.5 This ordinance shall be known and cited as the "da Vinci Estates in Olde Cypress Planned Unit Development Ordinance." Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the rezone petition as described and agreed to within the I~UD Ordinance. -2- AGENDA ITEM JUN 2 6 ~001 3.1 Introduction SECTION III Statement of Intent and Project Description 3.2 It is the intent of this Ordinance is to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC) that will permit sixty-one (61) single family dwelling units for the subject property. The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. Project Description The project is comprised of 40.37 acres located within Section 21 Township 48 South, Range 26 East. ' Access to the subject property is provided from the northeast comer of the property or in the alternate from the southwest comer of the property. The project will provide for sixty-one (61) single family dwelling units at a gross project density of 1.4 dwelling units per gross acre. Land Use Plan and Project Phasing The PUD Master Plan provides for sixty-one (61 ) residential lots, lakes, open areas and green spaces, and a recreational area. The Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and Local, State and Federal permitting requirements. The recreational tract may be subdivided into residential lots, subject to compliance with_the applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately five (5) years from the time of issuance of the first building permit. -3- AGENDA ITEM JUN 6 2001 4.2 SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the da Vinci Estates in Olde Cypress Planned Unit Development and PUD Master Plan. 4.1 _General Co The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the da Vinci Estates in Olde Cypress PUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within'this agreement. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the da Vinci Estates in Olde Cypress PUD shall become part of the regulations which govern the manner in which this site may be developed. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Div. 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. Site Clearine and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier CounLy LDC and the standards and commitments of this document in e ct at time of construction plan approval. 7 ~°' l J~ ~200! -4- 4.3 4.4 4.5 4.6 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time construction plans and plat approvals are requested. Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the conte~ of the development standards contained in this Ordinance. Other amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, as revised, in effect at the time the amendment is requested. Proiect Plan Approval Requirements Exkibit "A," the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development order, the provisions of Section 3.3, Site Development Plans shall be applied to ail platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of ali tracts as shown on the PUD Master Plan. Sunset and Monitoring Provisions Da Vinci Estates in Olde Cypress PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. -5- AGENDA ITEM NO, JUN g 6 2001 pg. 4.7 Pollin~ Places 4.8 4.9 4.10 4.11 Any community recreation/public building/public room or similar common facility located within the da Vinci Estates in Olde Cypress PUD may be used for a polling place, if determined necessary by the Board of County Commissioners upon recommendation of the Supervisor of Elections, in accordance with Section 2.6.30 of the LDC. Open Space Open space may be in the fOrm of landscaping, buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Section 2.6.32 of the LDC, which requires a minimum of sixty (60) percent for residential developments. ~Archaeoiogical Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeologicaI resources in the event they are contained on the property. Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces, and water management facilities shall be the responsibility of homeowners' association to be established by the developer. Native Vegetation The subject property shall meet the requirements of Division 3.9, Vegetation Removal and Protection. However, areas invaded by more than ninety (90) percent exotics shall not be counted towards the Preservation area requirements. -6- AGENDA ITEU NO, JUN ~ 6 2001 5.1 5.2 5.3 SECTION V Permitted Uses and Dimensional Standards Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the da Vinci Estates in Olde Cypress PUD designated for residential development on the PUD Master Plan, Exhibit "A." Maximum Dwelling Units Sixty-one (61) single family dwelling units are permitted within the da Vinci Estates in Olde Cypress PUD. General Description The da Vinci Estates in Olde Cypress PUD includes the following uses which are depicted on the PUD Master Plan. Minor adjustments may be made to the land use tabulations based on permitting or final design considerations. DESCRIPTION ACRES ± PERCENT Residential Tracts '17.07+ Lakes 5.92+ Lake Maintenance Easements 2.03+ Native Vegetation Buffers/Re-vegetated Areas 8.2+ Recreation/Residential .93+ Right-of-way 6.20-+- TOTAL AREA 40.37+ 42.07% 14.67% 5.03% 25% 2.3% 15.36% 100% Note: Total open space (excluding recreation area) = 14.92 Acres + exclusive of open space retained on individual lots. The approximate acreage's of the residential tracts are depicted on the PUD Master Plan. Actual acreage of ail development areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. The residential area is designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. -7- AGENDA ITEM No. , JUN 6 2001 5.4 5.5 Permitted Uses and Strucmre~ No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or pan, for other than the following: 1. Principal Uses: (a) Single-family dwellings within areas identified for such use on the PUD Master Plan. Co) Any other housing type which is comparable in nature with the foregoing use and which the Development Services Director determines to be compatible with the proposed residential uses. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this district, including recreational facilities as depicted on the PUD Master Plan which may include a clubhouse area, swimming pools, tennis courts, and similar uses. Development Standard~ I. Dimensional standards for permitted uses: Minimum lot area: Ten thousand (10,000) square feet Minimum lot width: Eighty-Five (85) feet, which may be reduced twenty (20) percent for cul-de-sac or unlinear lots. Minimum yard requirements: -Front yard: Twenty (20) feet. Rear yard: Twenty (20) feet. Side yard: Ten (10) feet. Maximum height: Thirty-Five (35) feet. Minimum floor area: Two Thousand (2,000) square feet. All landscaping shall be in accordance with Division 2.4, Landscaping and Buffering of the LDC. AGENDA ITEM No, JUN 2 6 ;~001 -8- o All signage shall be in conformance with Division 2.5 of the Land Development Code (LDC) with the following exception: Project entry signs including those attached to structures may be located a minimum of 5 feet from back of curb of any private access drive or private right-of-way, provided minimum safe visual clearance is maintained at all intersections. All parking shall be in conformance with Division 2.3, Off-Street Parking and Loading. No parking is permitted to back out directly onto Cays Drive. 5. Setbacks shall be measured from legal external boundary of the lot and are inclusive of the easements with the exception of easements that comprise a road fight-of-way. 6. Single family dwellings which provide for 2 parking spaces within an enclosed side-entry garage and provide an area for guest parking other than private driveways may reduce front yard requirements to 10 feet for the garage and 20 feet for the remaining structures. Driveways shall be designed so that a vehicle parked outside of the garage will not overhang the sidewalk or fight-of-way. -9- AG~ENDA ri'EM No._ SECTION VI Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 6.1 6.3 6.2 Petitioner shall be subject to the Collier County Growth Management Plan Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of an archaeological or historical site, artifact or other indicator of preservation). Environmental permitting shall be in accordance with the State of Flor/da Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Staff. Removal of exotics alone shall not be counted as mitigation for impacts to Collier County jurisdictional wetlands. A habitat management plan for the Big Cypress Fox Squirrel shall be submitted to the Collier County Planning Services Staff for review and approval at the time of the next development order submitted. Technical assistance will be requested from the appropriate state and federal agencies reviewing the document. The PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan COnservation and Coastal Nlanagement Element and the Collier County Code at the time of Final Development Order Approval. 6.4 The PUD Ivlaster Plan provides for +8.2 acres of native vegetation to be retained or restored. The restored areas comprise approximately 3.6 acres and are the twenty, (20) foot strips to be recreated with upland vegetation in accordance with the requirements of Section 3.9.5.5,4 of the LDC (see attached PUD Master Plan). 10- AGENDA ITEM No. JUN :Z 6 2001 SECTION VII Transportation Requirements ~"~The purpose of this Section is to set forth the transportation commitments of the project development. 7.1 The developer shall provide arterial level street lighting of the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. 7.2 Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 7.3 All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 7.4 Existing legal access is depicted in the southwest comer of the property on the PUD Master Plan and planned alternate furore access is also depicted in the northeast comer of the property. Prior to approval of the Final Subdivision Plat for access in the northeast comer of the property, an access agreement shall be provided to the County for permitting legal access through the Olde Cypress PUD. -11- AGENDA ITEM NO. JUN 2 6 2001 SECTION VIII Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineerine commitments of the project developer. - 8.1 Utilities Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. Al/customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's offsite sewer facilities are available to serve the project or septic tanks meeting the requirements of Florida Statutes may be used on an interim basis. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, thru the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities or septic tanks meeting the requirements of Florida Statutes may be used on an interim basis. The utility construction documents for the project's sewerage system shall be prepared to contdin the design and construction of an onsite force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. Prior to or at the time of submission of construction plans and the final plat for the project, the potable water supply from the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property and be in service. AGENDA ITEM No. JUN 2 6 2001 -12- 8.2 Engineering Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans are submitted to the Planning Services Department and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Planning Services Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. Subdivision of the site shall require platting in accordance with Section 3.2 of LDC to define the right-of-way and tracts shown on the PUD Master Plan, if applicable. The developer and all subsequent owners of this project shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plats, Site Development Plans and any other applications that will result in the issuance of a final development order. -13- AGENDA ITEM No. JUN 2 6 2001 SECTION IX Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. 9.1 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet of the side, rear or abutting property lines with side, rear or abutting property lines fenced. 9.2 Landscaping may be placed within the water management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. 9.3 9.4 The wet season water table elevation shall be established at the time of the South Florida Water Management District permitting, which is required for the subject property. The project must obtain a South Florida Water Management District Surface Water Management permit prior to Final Subdivision Plat Approval. -14- AGENDA ITEM #O. ~ JUN ~ 6 ~001 L.ANDUSE8UMMARY REc~I~TA~. TRACTS 17.07:1: Ac. 42..2~ LAKES 5.92:1: Ac. 14.67% LAKE MAINTENANCE: EASE~ENI$ 2.o3~: Ac. NAT~¥E V~(]~"TATION ~.21:1: Ac. 20.54% RE CR~ A TIOH//RE~DEN'IIAL o. g3:t:. AC. 2.30~ RIGHTS-OF-WAY 6.21+ Ac. TOTAl. 40.37:1= Ac. 100% NOTE : TOTAL ~ ~PAC~ (EX~ RECI~TIGH ARE:A) .. 16.16 Ac.~ £XCLUSiVl~: OF OF"EN ~g~ACE RETAINED ON I4DIVIDUAL LOT~. LEGEND ~JCES I~GCTATED AR~ *ACCESS IS SUBJECT TO AN ACCESS AGREE:IdENT AIIO~NG LEGAL ACCESS TO OLDE CYPRESS. N irGs'4?' E - ACCESS z<~ SITE w - ~ da Vinci Estates In Olde Cyp~ ~ ?~l iai, m,q,d S.. mm,e. iL. ~41ea - iq,mB, CI4t) ~l-.4m? EXHIBIT -~.,, ITEM EXHIBIT B Legal Description A parcel of land located in a portion of Section 21, Township 48 South, Range 26 East, Collier County, Florida, being more particularly described as follows: E 56 - SW ¼ - NW ¼, W 56 - SE ¼ - NW ¼, all of Section 21, Township 48 South, Range 26 East, Collier County Florida. Notes: This property is subject to easements, reservations, or restrictions of record. Beatings shown hereon refer to the south line of the southeast ¼ of Section 21, Township 48 South, Range 26 East as being S. 89° 09 '28" W. Property Area: 40.37 acres, more or less. AGENDA ITEM No. jUN~'~2~ 2001 4/ EXECUTIVE SUMMARY PETITION CU-2001-AR-478, JEFF MERZ FROM VOICESTREAM WIRELESS REPRESENTING COLLIER COUNTY EMERGENCY MANAGEMENT SERVICES (EMS) REQUESTING A CONDITIONAL USE FOR COMMUNICATIONS TOWER ON A PARCEL OF LAND ZONED "C-1" COMMERCIAL PROFESSIONAL DISTRICT FOR PROPERTY AT THE INTERSECTION OF GOLDEN GATE AND CORONADO PARKWAYS IN GOLDEN GATE CITY, AND IS FURTHER DESCRIBED AS LOT 1.1, BLOCK 115, GOLDEN GATE CITY UNIT 4. THIS PARCEL CONSISTS OF APPROXIMATELY 2.5 ACRES AND CONTAINS THE GOLDEN GATE FIRE & RESCUE BUILDING. OBJECTIVE: To have the Board of Zoning Appeals consider an application for a Conditional Use permitting a communications tower in the "C-1" Commercial Professional zoning district while maintaining the community's best interest. CONSIDERATIONS: The applicant is requesting a Conditional Use for essential services per Section 2.6.35.6.3 of the Land Development Code for a "C-1" zoned property containing a fire station. The conditional use will enable the applicant to erect a communications tower with a maximum height of 130 feet. This tower will be used by the fire station and EMS, as well as by several cellular phone companies, including VoiceStream Company, which is the applicant of this conditional use. FISCAL IMPACT: This petition is for a communications tower for the Collier County EMS, and as such, it is exempt from any impact fee payment. It is not anticipated that the addition of this tower the site will have any negative fiscal impact for the County. GROVVTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban- Mixed Use District, Urban Residential Subdistrict), as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan (GMP). This subdistrict permits non-residential uses including essential services such as fire stations and other non-residential uses such as communication facilities. ENVIRONMENTAL ISSUES: This petition was reviewed by the Environmental Staff of Current Planning Section. Their review comments did not indicate any environmental issues. Furthermore, since there were no environmental concerns with this site, this project did qualify for exemption from the EAC review. AGENDA ITEM NO. -- JUN g 6 2001 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 was required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommendation to the CCPC was to forward this petition to the Board of Zoning Appeals with a recommendation for 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 CU-2001-AR-478 on May 17, 2001 and by a unanimous vote recommended that the Board of Zoning appeals approve this petition. PREPARED BY: C~IAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: INTERIM CURRENT PLANNING MANAGER THOMAS A. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE DATE JOHN I~. DUNNUCK', III, INTERIM ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION 2 -- AGEND~ ITEM JUN ~ 6 2001 AGENDA ITEM 7-G MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: DATE: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION April 30, 2001 RE: PETITION NO: CU-2001-AR-478 OWNER/AGENT: owner: Golden Gate Fire & Rescue District 4741 Golden Gate Parkway Naples, FL. 34116 Agent: Jeff Merz VoiceStream Wireless 600 Ansin Blvd. Halandale, FL. 33009 REQUESTED ACTION: The applicant is requesting the approval of a conditional use for a communications tower on a parcel of land zoned "C-1" Commercial Professional District. GEOGRAPHIC LOCATION: The subject property is located at the intersection of Golden Gate and Coronado Parkways in Golden Gate City, and is further described as Lot 1.1, Block 115, Golden Gate City Unite 4. This parcel consists of approximately 2.5 acres and contains the Golden Gate Fire & Rescue Building. PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting a Conditional Use for essential services per Section 2.6.35.6.3 of the Land Development Code for a "C-1" Commercial Professional zoned AGENDA IT'EM .,, JUN 2, 6 7001 -i ITEM property containing a fire station. The conditional use will enable the applicant to erect a communications tower with a maximum height of 130 feet. This tower will be used by the fire station as well as by several cellular phone companies, including VoiceStream Company, which is the applicant of this conditional use. SURROUNDING LAND USE AND ZONING: Existing: Surrounding: North East South West -Fire Station, zoned "C-1" Commercial Professional. -Library, zoned "C-1" Commercial Professional. -Vacant, zoned "C-1" Commercial Professional. -Strip Plaza, zoned "C-4" Commercial General. -Community Center, Shopping Center, zoned Commercial General. GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban- Mixed Use District, Urban Residential Subdistrict), as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan (GMP). This subdistrict permits non-residential uses including essential services such as fire stations and other non-residential uses such as communication facilities. Other applicable elements of the GMP for which a consistency review was made are as follows: Transportation Element: Ingress and egress to the site are existing and there is no need for it to be improved. The ITE Trip Generation manual indicates that this site will generate 5 to 10 trips on a weekday. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the level of service LOS "C" design volume) on any County road. In addition, the site-generated trips will not lower the LOS below the adopted LOS "D" standard for any segment within the project's radius of development influence (RDI). Therefore, this project is consistent with Policy 5.1 and 5.2 of the Transportation Element (TE). Conservation Element: This petition was reviewed by the Environmental Staff of Development Services and found to be consistent with the Conservation Element of the GMP. STAFF ANALYSIS AGENDA ITEM No. JUN 2 6 ?001 The Current Planning staff has coordinated 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 impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance or compliance with mitigation. a. Consistency with this code and Growth Management Plan. Pro: The site in question is zoned "C-1". Communications towers are permitted as Essential Services Conditional Use in the "C-1 district. The subject property is designated Urban (Urban- Mixed Use District, Urban Residential Subdistrict), as identified on the Golden Gate Area Future Land Use Map of the Growth Management Plan (GMP). This subdistrict permits non-residential uses including essential services such as fire stations and other non-residential uses such as communication facilities. Con: None. Summary Conclusion (Findings): ~he use in question is permitted within the "C-1" district. This request is deemed to be consistent with the requirements of the Growth Management Plan. bm Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Pro: The site is already developed with a fire station. The tower is an accessory use to the existing use on the site. Adequately functioning ingress and egress points are already existing. Con.,.', N/A. Summary Conclusion (Findings): Adequate ingress and egress to the site are already in place. -3- AGENDA ITEM No. , JUN 2 6 ZD[~I The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: Neighboring properties are mostly developed with commercial and community facilities. This tower should have minimal impact on neighboring properties. Con: This tower will be visible from some distance and some neighboring property owners may consider this visual degradation of the area. Summary Conclusion (Findings): The proposed tower will not generate any noise, dust, glare or odor in the area. Compatibility with adjacent properties and other property in the district. Pro: This property is surrounded on all sides by commercial properties. Con: N/A. Summary Conclusion (Findings): The Parcel in question is surrounded on all sides with commercial properties. The existing site is developed with a fire station. The erection of this tower on this property is only an accessory use to the existing use and should not have a major effect on the compatibility of the existing land uses of this site with adjacent properties. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition CU-2001-AR-478 to the BZA with a recommendation for approval. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: -4- AGENDA ITEM No. JUN g 6 2001 SU~'A~ MURRAY, AICP ,,y' -_ INTiE,,~IM CURRENT PLANNING MANAGER DATE THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR D/(TE ' APPROVED BY: JOHN ~. DUNNUCK, E~A~ INTER~VI COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition CU-2001-AR-478 This petition has been tentatively scheduled for June 26, 01, BCC Public Hearing. COLLIE~.Y PLANNING COMMISSION: -5- AGENDA ITEM No. - JUN g 6 2:001 RESOLUTION 01- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE FOR A COMMUNICATIONS TOWER IN THE "C-I" ZONING DISTRICT PURSUANT TO SECTION 2.6.35.6.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislatur= of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use in a "C-1" Zone for a communications tower on the property hereinafter described, and has found as a matter of fact (Exhibit "A') that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considcn~l all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Herb Ressing of Voicestream Wireless, Inc. representing Golden Gate Fire and Rescue District with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for a conditional use in the "C-I" Zoning District for a communications tower in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit 'D' which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. -1- AGENDA ITEM No. JUN Z001 This Resolution adopted after motion, second and majority vote. Done this ~ day of ,2001. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved ~s to Form and Legal Sufficiency: i~I~-~ 1~1. Student ~sist~t Co~W A~omey :lmin/CU-2001 -AR-4'78 -2- AGENDA, ITEM NO. JUN 2 6 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: ~ Yes No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingres~ & egress Yes ~/ No Co Affects neighboring properties in relation to noise, glar~economic or odor effects: ~/ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within/district Yes ~//No Based on the above findings, this conditional use should, with stipulations, (copy attached) ~t) for approval DATE: ~//7/~ / CHAIRMAN: EXHIBI AGENDA ITEM NO. JUN g 6 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 The following facts are found: 1. Section 2.6.35.6.3 of the Land Development Code authorized th~ conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~/ No ,,. C. Affects neighboring properties in relation to noise, gla~e, economic or odor effects: No affect or Affect mitigated by .... Affect cannot' be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes. '~/ No USed Based on the above findings, this conditional with re for stipulations,~Y attached) (should not) be approval // f/FINDING OF FACT MEMBER/ AGENDA ITEM No. JUN 2 6 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 The following facts are found: Section 2.6.35.6.3 ~f the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao Consistency with the Land Development Code and Growth Management Plan: Yes w/ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes F/ No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: p" No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within district Yes D-' No Based on the above findings, this conditional use should, with stipulations, (copy attached) (~ be recommended for approval MEMBER: f/FINDING OF FACT MEMBER/ AGENDA ITEM No. ~ JUN g $ 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 The following facts are found: 1. Section 2.6.35.6.3 of the Land Development Code authorized th~ conditional u~e. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes / No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~gress Yes / No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~l"No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w~thin district Yes ~'- No Based on the above findings, this conditional use shout, with (~h~,,~ nr~.) be reco~mm~d~d for stipulat ions ~PY attached) approval , DATE:_ ~ /~ Ol ~/FINDING OF FACT MEMBER/ AGENDA ITEM ,,. JUN 2 6 001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ao B o Co Consistency with the Land Development Code and Growth Management Plan: Yes ~ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~ No Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes ~ No Based on the above findings, this conditional use_sh~ould~with stipulationsH (copy attached) (should no ) be recomme for approval f/FINDING OF FACT MEMBER/ A(~ ENDA ITEM NO. JUN 6 2001 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 2001-AR-478 The following facts are found: 2.6.35.6.3 of the Land Development Code 1. Section authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management P~n: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~,/ No C. Affects neighboring properties in relation to noise, glare/economic or odor effects: ~-~ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use w~hin district Yes t// No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: f/FINDING OF FACT MEMBER/ AGENDA ITEM -- JUN 2 6 20D1 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2001-AR-478 The following facts are found: Section 2.6.35.6.3 of the Land Development Code authorized the conditional use. o Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ~/ No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & 9gress Yes v~ No Affects neighboring properties in relation to noise, gla~e, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use/within district Yes V No Based on the above findings, ~s~-~ditional use should, with stipulations, (copy attached~ (should~not? be recommended for approval ' ~M ~R~/: l~i_ '~~ ............... f/FINDING OF FACT MEMBER/ A(~ENDA ITEM No._ JUN g $ 2001 & Port,on of Bloc~ ~S ~o~don ~a~o, Unit di,~ o~ iS.00 foot ~o i ~nt on ~c Sou~vesturly IF_',fls~on of ~ Jo~ootir~F ~gbC-of-vay line -.f Oo~dofl CoCo Parkvay~ ~~~y RLghC~f-vay l~nl 4 d~a~Cl o~ 78.00 teeC Co a ~~c b~ WonmflC aa oh~ on ~e pleC ~lfeo~, ~e sa~d d~~; ~o X. 51° 05' 21' Z. N~m~ly ~ght~f~ay :lne a d~a~nce o~ ?S.00 fee~ to a M~~Y ~gbc~r~ay ~Ano ~ d~m~o o~ ~50.00 or 9' 00, 00- rot a dtJ~nce ot 125.41 ~e 90~ 000 O0~ for a d~oC~ce of 39.27 EXHIBIT "B" CU 2001-AR-478 AGENDA ITEM NO. JUN g 6 2001 EXHIBIT POLE FOUNDA'OON DEDC, NEO BY OIHERS A ITEM No. JUN 2 6 2001 CU.2O0T -AR'-4';8. 13Al'E: 3/YZ/O1 600 ANSIN BOULEVARD HALLANOALE, FL 330(0 OFFICE: {954) 457-5700 FAX: (954) 457-5705 APPROVALS VOICESTREAM LANDLORD R.F. ZONING CONSTRUCTION BSlE PROJECT NO: 40700-9-2165 DRAWN BY: P.M.BJN.A.8. ,] I CHECKED ~Y: M.H.S. '1 PROFESSIONAL ENGINEER N~: MARTIN H. SAHN FEB ~ 3 ?Oltt s~^~: FLORIDA i ~.~,m~ m.: ~787 ~~ 0~1 LAWGIBB ,~._ cem~'~c~ ~: .~omz..~o. ~. 742~ CORONADO FIRE STATION NC1019A 4741 GOLDEN GATE PARW, NAPLES, FLORIDA 34116 ZONING EXHIBIT CONDITIONS OF APPROVAL CU-2001 -AR-478 This approval is conditioned upon the following stipulations requested by the Collier County Planning Commission in its public hearing on May 17, 2001. Planning Services: ao The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. ExpansiOn of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code, Ordinance (91-102), as amended. EXHIBIT "D" AGENDA ITEM JUN 6 ; 001 APPLICATION FOR PIIRI ,lC. I-IF, ARINt-'- ~'OR: CONDITIONAL USE Petition No.: Commission District: CU-2001-AR-478 Golden Gate Fire & Rescue :ceived: Project # 2001030024 DATE: 3/12/01 Chahram Badamtchian ABOVE TO BE COMPLETED BY STAFF General Information Name of Applicant(s) Applicant's Mailing Address City .__Naples Applicant's Telephone # 941-455-2121 Name of Agent Herb Ressing Agent's Mailing Address City Plantation Agent's Telephone # 954 VoiceStrearn/for Coronado Fire Station 4741 Golden Gate Parkway State FL Zip 34116 VoiceStream Wireless Fax # Firm 8100 S.W. l0th Street Bldg. 3 Suite 1000 State FL Zip 693-7100 Fax # 33324 954-693-7200 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 AGENDA ITEM JUN 2 6 ; OOl APPLICATION FOR PUBLIC HEARING FOR CON~DITIONAL USE - 11/98 PAGE 1 OF 15 'Comp}ete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State Zip. Name of Homeowner Association: Mailing Address City State Zip. Name of Homeowner Association: Mailing Address City State Zip__ Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State ~ Zip o 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 N/A Percentage of Ownership APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/~. 8, AGENDA ITEM JUN g 6 ~O01 PAGE 2 OF 15 bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office N/A Percentage of Stock 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 do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo 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: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 A,.~ENDA ITEM No. JUN 2 6 2001 PAGE 3 OF 15 If any contingency clause or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or trust. Name and Address N/A list all Date subject property acquire~I ( ) leased ( ):_ Term of lease If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date yr./mos. and date option ho Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (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: 21 Township: 49 Range: 26 Lot: 1.1 Block: 115 Subdivision: Goldengate city unit 4 Plat Book_5 : Page #: 107-116 Property I.D.#:__361100 80007 Metes & Bounds Description: 4. Size of ~roper~.: _ 50 ft. X 50 ft. = TOtal Sq. Ft. __2,500 Acres 5. Address/general location of subject property.:_ 4741 Golden Gate Parkway _._~Naples, Florida 33116 Fire & Police Station NO. , , JUN g 6 ZOO1 APPLiCATiON FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/91~ PAGE 4 OF 1 5 Adicent zoning and land use: Zoning Land use N C-1 County Fire Station S RMF-6 E C-4 Shopping Plaza W 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). Section: Township: Lot: Block: Subdivision: Range: Plat Book__ Page #: Metes & Bounds Description: Property I.D.#: 7 o Type of Conditional Use: This application is requesting conditional use # the C-1 district for crvPE oF usE) use of a proposed emergency response tc wireless installation Present Use of the Property: fire station of JUN 2 G 2001 Pg. , .......... Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 11/98 PAGE 5 OF ! 5 Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): ~e proposed 100ft tower is consistent with section 2.6.35.6.3 of the Collier County Land development Code. As essential services-specified conditional uses for the fire station, EMS and other similar uses. The communication tower is considered an accessory o~. "logically associated use with the safety services conditional use on this site. It i,~ ~0nsistent with the applicable section of th(~future~l~d us~eleme-~ the current ~onin~ after iss, mnce of a conditional use permit desi~ation '~ ,, Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe:.__ingress and egress are not an issue due to the fact that the antenna installation is unmanned, with a passive use that does not generate traffic demand. The ~diacent fire station currently has adequate access. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: since there is no activity that produces airborne emissions, odors,vibrations, heat glare (Jr noxious & toxic materials there is a minimal imPact on the neighboring properties. Describe th~ site's and the protzo~sed use's compatibility with adjacent properties and other properties in the distri~,~he proposed site is surrounded by a commercial center, library, police statio~ ~rse & residential. It will serve the community with enhanced EMS commknir.~'ion capabilities and will not adversely effect the quality of life in the surrounding community. No. JUN 2 6 ~001 Please provide any additional information, which you may feel, is relevant ~ thi~,g. (5:xO/-z9 . request, the .fire station & EMS need the additional output this tower will provide to insure the community will be properly serviced for future growth anticipated for . ~ollier County. In addition, there will be colocation for other wireless carriers, serving the Naples area. That will avoid the necessity to build additional towers in the area while providing revenue for county services. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAGE 6 OF 15 10. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last year? l'f so, what was the nature of that hearing? No 11. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; Eleven (11) copies of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and.egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to thc tyPe, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by. Section 3.8. Development Code (LDC). ' APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/98 PAG ,l~ITEM JUN g 6 2001 Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. AGENDA ITEM No. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 11/9--8 PAGE 8 OF 15 EXECUTIVE SUMMARY ADOPT AN ORDINANCE REPEALING ORDINANCE No. 91-10, AS AMENDED, AND REESTABLISHING THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE; CHANGING MEMBERSHIP AND QUORUM REQUIREMENTS OF THE COMMITTEE. RECOMMENDATION: That the Board of County Commissioners consider the adoption of an ordinance creating the County Government Productivity Committee and repealing Ordinance No. 91-10, as amended, for the purpose of consolidating the Committee's ordinance into one ordinance. CONSIDERATIONS: The County Government Productivity Committee was established by Ordinance No. 91-10, and was amended by Ordinance Nos. 93-13 and 96-10. On May 8, 2001, the Committee asked the Board of County Commissioners to amend Ordinance No. 91-10, as amended, to reduce the membership from 13 members to 11, and to reduce the quorum requirements. In addition, the Commission membership is being changed to that of a liaison position. The Board of County Commissioners approved the suggested revisions. To simplify the rules governing the County Government Productivity Committee, a new ordinance is being created to replace the existing 3 ordinances. FISCAL IMPACT: There are no fiscal impacts directly related to the amended provisions of this Ordinance. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance creating the County Government Productivity Committee and repealing previous ordinances governing this Committee, and authorize the Chairman to sign same. l~miro Mafialich' ' Chief Assistant County Attorney Date: ~- dO ~ O l AGENDA I~EM .o. JUN 2 6 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ORDINANCE NO. 2001- AN ORDINANCE CREATING THE COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; SETTING FORTH THE DUTIES OF THE COUNTY MANAGER'S OFFICE AND THE CLERK OF COURTS; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR REPEAL OF ORDINANCE NO. 91-10, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on January 29, 1991, the Board of County Commissioners adopted Collier County Ordinance No. 91-10, establishing the County Government Productivity Committee; and WHEREAS, Ordinance No. 91-10 was amended by Ordinance No. 93-13 and Ordinance No. 96-10; and WHEREAS, the County Government Productivity Committee requested that the Board of County Commissioners consider proposed revisions to Collier County Ordinance No. 91-10, as amended; and WHEREAS, on May 8, 2001, the Board of County Commissioners approved the proposed revisions to Ordinance No. 91-10, as amended; and WHEREAS, to simplify the authority governing the County Government Productivity Committee, Ordinance No. 91-10, as amended, is being repealed and replaced by this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Creation of the County Goverument Productivity Committee. The County Government Productivity Committee (the "Committee") is hereby created to review the efficiency of departments of county government under the jurisdiction of the Board of County Commissioners. SECTION TWO: Appointment and Composition. A. The Corfimittee shall be composed of eleven (11) members who are appointed by resolution of the Board of County Commissioners. They shall possess special expertise and experience related to managing large organizations, but the membership shall be balanced in representing views of the community. Further, the Committee may include county and/or city governmental employees approved by the County Manager or City Manager, respectively, but shall not exceed four (4) members, as well as members of the private sector. The Vice Chairman of the Board of County Commissioners, or his/her board designee shall serve as a liaison to the Committee and is encouraged to ~t~nd all Committee meetings. B. Members of the Committee shall be appointed by and serve at the pleas, Board of County Commissioners. Said members shall be permanent residents an of Collier County. re of the 2 6 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and term of office. SECTION TFIREE: Terms of office. The initial terms of office of the Committee members shall be as follows: A. Five (5) members shall serve for one (1) year. B. Six (6) members shall serve for two (2) years. C. Alternate members shall serve for two (2) years. Thereafter, each appointment or re-appointment shall be for a term of two (2) years. A member of the Committee may be re-appointed by the Board of County Commissioners for one (1) successive term; however, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION FOUR: Removal from Office; Failure to Attend Meetings. Removal of members from the County Government Productivity Committee shall be in accordance with the provisions of Collier County Ordinance No. 86-41, as amended, or by its successor ordinance. SECTION FIVE: Officers; Quorum; Rules of Procedure. A. Annually the membership of the Committee shall elect a chairperson and vice chairperson fi-om among the members. Officers' terms shall be for one (1) year with eligibility for re-election. B. The presence of fifty-one percent (51%) of the current voting membership, but never less than five total shall constitute a quorum of the Committee necessary to take action and transact business. In addition, an affirmative vote of a simple majority, but never less than 5 of the members representing a quorum at any given meeting, shall be necessary in order to take official action. Furthermore, by simple majority vote, but never less than 5 members, the Committee may adopt rules of procedure for the transaction of business. C. The Committee shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX: Reimbursement of Expenses. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN: Functions, Powers and Duties of the Committee. The functions, powers and duties of the Committee shall be as follows: A. The Committee shall evaluate departments of county government under the jurisdiction of the Board of County Commissioners and determine if the departments are operating at appropriate levels of efficiency. The objective is to ensure the County's taxpayers that dollars are being used in an appropriate manner and that the Board of County Commiss taking all reasonable steps to avoid waste of tax dollars. Without limiting the generalit foregoing, the Committee may analyze and review existing structure, organization, staffin ofthlLiN 2 § 2001 Pg. I 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 4O 41 42 43 management, functions, business practices, and procedures of any or all parts of county government and make recommendations for increased efficiency and costs-effectiveness, and to assist in implementation of those recommendations. If so requested by a constitutional officer, the Committee may perform similar functions for that office. B. Each member of the Committee may be assigned a department or group of departments to review. C. The Committee or each member thereof shall prepare a report of findings and recommendations to be submitted directly to the Board of County Commissioners at the last Commission meeting prior to June I of each year; provided, however, that such report and recommendations shall be submitted to the County Manager's office by May 1 of each year to provide an opportunity for staff review. D. The Committee may adopt and amend "guidelines" to govern their operations, 'subject to approval by the Board of County Commissioners. E. The Committee meetings shall be open to the public. SECTION EIGHT: Duties of the County Manager's Office and the Clerk of Courts. The County Manager's office will provide such documentation, information, descriptions of procedures, secretarial support and general assistance to the Committee as may be necessary for the Committee to carry out its functions as set forth herein. The Clerk to the Board shall take the minutes of all meetings or shall provide for the taking of such minutes. The Clerk of Courts may provide the Committee with technical support concerning financial auditing procedures and other technical assistance relating to financial audit and finance during the course of the Committee's reviews. SECTION NINE: Review Process. This Committee shall be reviewed once every four (4) years commencing in 2003, in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended, or its successor ordinance. SECTION TEN: Repeal of Ordinance Nos. 91-10, 93-13, and 96-10. Collier County Ordinance No. 91-10, as amended by Ordinance No. 93-13 and Ordinance No. 96-10, is hereby repealed in its entirety. SECTION ELEVEN.~ 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 TWELVE: Inclusion In The Code Of Laws And Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbc relettered to accomplish such, and the word "ordinance" may be changed to "section," "a~ or any other appropriate word. SECTION THIRTEEN: Effective Date. This Ordinance shall take effect upon filing with the Department of State. icle.~GENDA I~EM JUN 2 6 2001 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of ,200 I. 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: 21 Chief Assistant County Attorney 22 23 24 RMam 25 26 AC~NDA ITeM JUN 2 6 2001 pg. ~