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Backup Documents 01/26/1999 RREGULAR MEET!NG OF [HE BOARD OF COUNTY COMMISSIONERS JANUARY 26, 1999 Naples Daily Ne~s Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY CO~M[SS[ONERS ATTN: MIATTA SIRLEAF PO BOX 41~O16 NAPLES FL 34101-3016 REFERENCE: 001230 #912733 57815571 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Co[tier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the I:xJrpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 01/24 AD SPACE: 55.000 INCH FILED O~1: O1/25/99 ............................. ~ ......... ~: ................................... Signature of Affiant ~/~ '?~ ~ $~orn to and Subscribed before me this ~ day of ~ 19d~C~ Personally known by me ~ ' ~ ~ ' 0120 OF NEETI#G PUBLIC/V~ETIIqG BOARD OF COUtlTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Tue~:~ay, January 26, 1999 9.'00 A.NL Notice Is hereby given that the Collier County Boord of County Corn- missloeaers will meet In the Boord's Chombers the Th rd F oo~ of the Ad- mlnlstrotlon Bu Id ng cBUildlng F) at the CollJe~ ounfY government Complex, Naole$, do, fo conduct the busk- In. ss of Co~lJef CourrJ'y, the alive stated time a~d dote. Co~ es of the for said meetlnd wh~ mode ovailal~le to ~'ess Dad ~ be oD- rained at the Dace of the County Administrator, rtod of time. Any perso~ who ~cld; es to ~ a dec this ~d will neecl a re- cord of the proceedlr~s pe~oining tt~s' eto, theretore moy need to ensure thor a veft~tlm record of the proceed- Ing$ Is mode, which re- cord Includes the testimony oncl evidenCe upor~ whiCh the oopeal Is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BAR~ARA B. BERRY~ CHAIRMAN DWIGHT E. 8ROCK, CLERK j~y:./$/~3,dreert Kertyo~l Deputy Clerk Jon. 24 No. 1296~1_ 7.~3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, January 26, 1999 9:00 a.m. .x~,'r~'~:: .~.~. l,~:~s~.x.~ ~-~.~l~.x~; 'r~ .~,~:;~K ~.x ..~x¥ .~;~:~'~,~ rr~:~ .~'~'r ~:~;~'r~:~ I'RItIR '1 ()TIlE I'IIE~t;~"I',VI'II)~ ()F 'l'llt; AI;i;NIIA I I'E~I 'I'll lie ~II'S'[ lie SI'II~II'I"i'EI) IX /VIU'I'I~'(; ll'l'i'li EXi'I,A~ATIOX TO TIlE ('()I'~TY AII~IISIN'I ItVI (ll~ AT I,EANT I.Z IIAY~ !'1~I()1~ '1 ()'i'llE IIA'I'E (IV '1'11~; ~IEE'I'I~'(; A~'I) ~¥11,1, lie IIEAIII) I'~IIEI~ "PI'III,l(' A~Y I'~;IIN()~ ~l'll() IIE('II)EN '1'() AI'I'EAI, A I)E('INI()N ()i.' 'I'IIIN IIIIAIII) ~¥11,1, iIE('()Ill) ()F 'I'IIE i'II()('EEI)I~'CS I'EII'I'.~I~'I~'(; 'I'IIEI~ET(). A~'I)'I'IIEIIEi-'()III .~IAY ~EEI) E~'NI'I/E TIIAT A VEIIIIA'I'I~I IIE('()III) (IF TIlE I'III)('EEI)I~'(;S IN ~IAIIE. WIII('II I~('I,I'IIEN 'I'IIE 'I'EN'I'I)I(I~'Y A~'I) EVII)E~('E I'1'()~' ~¥111('II Tile AI'I'EAI, IN T() lie Al,I, I~EI;IN'I'~ilIEI) PI'Ill,l(' NI'~;AKEIIN ~¥11,1, I1~; I,l,~ll'l'El) T() FIVE 15) ~ll~l:'l't:S I'EII~IINSlI)~' FOR ,iI)I)ITII)~'AI, 'l'l~Ii: IS (;I~A~'I'EI) IIY 'rile .~NSIN'I'EI) I,IN'I'~;~I~'(; IIEVI('EN FOIl 'HIE IIEAI~I~'(; I~ll'AIl~t;l) AIIE AV,i II,E I,~ '1'11~; 1,1',~'('11 I~;('~;NN N('IIEIII'I,EI)F'()II I]:llll ~'()l)~' T() I :llll I'.,~1. I.~VIII'A'i'I(),~ - F~lhcr 'Jim .%~ in. NI. I'clcr Iht ,~l~llc ('~lh~lk' ('hurch I) I'roclumuliolt I:*r(~*ch. dntill~ Iht' m~)HIh ~)l' I:cl)r,uur.¥ :ts lie:ich :md %V:tlL'r .~i:d'~.'l.¥ .~hmlh. 1 J:H~uar)' 2d. I Adopted - I'rocl~m'-,lion proclaiming the month of.January as Voluz~teer lllood Donor Mot~th. 'l'o be ~ccepled by Vicki A. (;acta R.N.. Sr. l)onor Recruiter. Community Blood ('enter I) .1amL~ Se~rbruugh. Road ~nd llrid~e - I$ ~'e3rs 2) John Mile~. III. W~te~ler- 10 ye3rs Richard I.ockcrl)y. Water I)i~tr~bulit)n - 10 year~ 4) Slexe l'effcr~. 1'3rk~ and Recrealh)n - 10 year~ Roi)crt Reeder. Water- 10 ~'e~r~ I'hil ~Gre~~ 'l'hacker. W~ste~s'~ter- ~ years ('. I'RESENTA'IIONS A. ANAI.VSIS ()F' ('IIAN(;ES'I'() RF:SERVF:S F'()R 7. I'i'111.1(' I'ETI'I'IONS A. .loc Bl~zek. Jr. Representing Messiah I.ulher~n Church reque~lin~ up~r~delrepl~ce ~i~n. 3Ir. IIl~zek Io ~ork ~ilh ~l~ff lo bring ~ign info ('I)i'N'I'¥ AI)MINISTI~ATOI~'S RF:I'()RT I) lludgel Amendmenl Io fund Ihe relocation of lhe I lou~ing ~nd I ~rban Iml~rovemenl Dep~rlmenl. in~l~ll~li~m of dehumidi~calion equipment, balanci,~ inlerior building renov~lion~ ~I Ihc l)evelopmenl Services Center B. iq'III.lC WORKS I) F'urlher infl~rmalion re~ardin~ ~lale~idc effl~rl~ lo acquire Avalar ll,ldin~. Inc. I'lilily Z) Adopl ~ Re~ol,li~m ro,d ri~hl-of-~,y. ~idew~lk. ~lilily. dr,hm~e. January 26. 1999 Icmporary cnn~lrucllnn JnlertNl~ by e:~emcn! I'or lhe c.n~lruclion improvcmcnl~ for lmmok~Ice Road. (S~aff~ Requc~t.) J~t~. ()q-~O - Atlopled .~) RccofllmcfldalifHI thai thc lice a~ard Bid ~9~-~901 h~r the ('lam Ihiy 'l'i(lul ('reek ami Main ('hanncl i)rvdgiflg lo energy Rt'%ource~ and I,mllum ('onNlruclim] ami upprovv ('hair~omt. fl lo t. xt. cule Ibc confracf documefll~ upon ~lforut?' rt. vie** .Nl~c'Kic) Appro~cd ~*ilh changt'~ - 5:0. ('omu;t'.ct'mcnl m~l Io bt'gi~ prior Io .NIo~ t'd rrm. I It'm ~ I 4) ,~pproxc Amt'.dmt'.l ~o. IIo Ihv I'roft. N~ional ~er*icc~ Agreement ~ilh Wil~o;:. Miller. Barim]. i't'ck, hlc. for Hie (;ordm, Ri~t'r ExltmNion lla%in Si.dy I'rojecl ~31005 ('. I'I'IiI,IC~ERVI( I) Appro* e an agrt'cmt'f[l for qal~ arid purchase of 175*/- acrtN of laf]d ami authorize Iht' ~ long Icrm rc~c.uc Im.d for ~ propoqed north Xaple~ rt'gional park. Apl~ro~ t.d - Z) Itt'~ it.~* fhe c,unlt'r offt. r regarding Ibc hiqtoric I(oberl~ Ranch pr,pt'ri} iii hm~]okult, t'. hlaff lo purNue appraiNal~ ami cm]tracf, conlingt, nl upo. ~:ia~.t'ing - I)tmit. d ~/3 Norrk. ('on~la.line ami IIt. rr} NI'i'I'ORT SERVICES E, ('OI'X'i'Y AI).NII~I~'I It,VI'OR 1999 ('alt. ndar i~f Kt'y Acli~ilit.% ~laff Iort'* it.,~ ami pro~ ith. c,mimt, fll~ Io Iht. ('o,fil~ ,~dmi,iNIrulor (( F. AIRi'(HtT 9, ('OI'X'i'Y A'I'i'OR~EY'~ REi'ORT A. Rccommendaliofl for Ibc Board lo con,tder ~clllemenl proposal in the cu~e of L~rcrne l)klricl Court in Ihv Middle l)i,lricl of Florida. ~clllt'lilt'lll ill Iht aHmmll of 5~0.000.00 - Appro~cd 4/I (('ommi%%im,vr ~',rri% A. AJ)poi;ilmcnl of mt'mi)ur, lo the (;olden (;ate ('ommunity ('t'uler ,~(lvi~ory Committee. 3 January 2&, 1990 R¢'~.. '.~-Xl rL.-',plmilTfi.~ (ht'r}lL' %er, trion ~ml l'oJ. IIL'fmhl~ ~ml ~l)l)OhllhT~ (;IL'II. Will II. llL'~ommcml~li-n I, declare 3 ~3c3nc~ on lhe Ill,punic .~rrair~ ;~d~i~or}' Board. (', ,~ppoi,lm¢,f o[ n~ml)t.r~ lo Iht Ili~loricaE,~rchacological l'rcservalioJi Board. I.JllJJlalion~ re I~o cml~eclJli~ e lernl~ for M~. (;.n/3le~ ~':li~ecl: I(e~. 90-~3 re;ll)[)f)i~llJJl~ .lo:mile ~ ilhdra.~ n E. I)i~c.~io. rc~ardi.~ Board ('~l)e,dilurL'~ [iJr commu,ily/ci~ic ifl~italiml~ (('o,lmi~io.~'r F. Molio, I. rL. eon~idL'r .~e.,da ilL'hi 1Oil) o[ Ihe J3,LJary 12. 1999 Board mce'liz~ ('h3ir~.f,an .~lac'Ki~. I. i)arlicil)ale J, medialiim ~nd COlin. back lo Ih~' Bo~rd ~ilh :~ r('l)orl - Ai)pr.~ L'iI 4/I ( ('.mmi~iom'r IIL. rr) Opl).~¢d) il. ()TILER A. ()1 IIER ('()~1'1'1 i"l I()~AI. I j I{~'(lUC~l flJr Ihe i)urcha~e iff a I'rinlrak h~l{.rnaliolml ('Oml)Ulcr ..~i(lrd I)i~l)alch il. I'1 BI.I{' {'O.~I.~IEN'I' O.~ GE~EI{AI. '!'()!'1('~ Z) Mar} I),,i:~n r:' loller r~.l~lin~ I. l'l:.d~' .L~lh.~ia,cc Io Iht F'I~ i'i'BI.I(' IIEAI{IN'{;~ WII.I. lie iiEARI) IMMEI)iATEI.Y Fi)I.I.()WI.~(; N'I'.~FF 12. .t|)¥EI{'I'ISI-;I) PI'Bi.I(' Ili.;AI~.I.~(;S- B('(' .t. ('().~II'REIIE.~.~IVE i'I,A.~ AMFXl)MEX'I'~ II. Z{)~IX(; I) i'cliliml l't'l)-q~-q. Mark W. Minor o[ Q. (;rady Mim)r & A~ocialc'~. rcl)rc'~e, li.~ (;lL'n Eden on Ihe Bay l.imi~L'd I'artncr~hip. rcquc~lin~ a rL'zof)C [rom "A" rural a~ricullure Io "Pt;I)" i'lannt-d t'nil l)t. vt. lopmt, nl to I)e k,o~n a~ (;lc, Eden on the Bay for u maximum ()f 94 ~i.~le 4 January 20, 19~ family dwelling unils, f,r property Incaled on the ~ e'~l side of Vanderbill I)rive (('.R. apprrrximalely % mile north of Wiggin~ Pass Road (('.R. g88). in Range Z$ Earl. Collier County. Florida. court,ling ,f 40.9.1+ acer'% ned. r~9-3 - Ad.pled .X I.~, ed fr.m I leto # 1 ?1) 2} Petition Iq'l) 80-23(I) - Rezrme the I.a~;'mcika I'laza i'1~1) Irt a rrc~ Pi'l) hax'iug: tire et;cc! of adding Io Ibc list of permitted us~ ami recloaltng the Wellaml Preserve fur Irr,prrty I,¢aled on lire c,rner ,f Wiggins Pass R,ad a,d I'S 41. (.Nlaffs Rcqut. sl) ( )rd. r.~J-4 -Adrq)tcd .M,~ rd fr.m lit'ill .t) I'elili,n i'['i) 98-1~- Reznne from "A" rural agriculture Ir) !'[~1) Ice Ire knossn u% Founlain I'zrk PI'i) I,caled nn Ihe We~t side of Airport-Pulling Road S,uH; r~f Vandcrbilt lit'ach R.ad. I.~tafrs Requesl) ()rd. ~-.~ -Ad,plrd ('. O'I'llER 1.1. B¢)AI~ID OF ZONING AI'I'EAI~"; A. ADVEI{'IL~I-~I) i'['BI.I(' IIEAI~IN{;S I ) l'¢titi.n ('1'-~;X-22 I':milio .J. I(.hau. I'.E. of I(WA. Inc. rrprescntirlg Ilider)ul (;oil ('lab I.'I D.. rr(lUe,,ling enndilional use ' I ?" r;f lite agricultural "A"' zoning disfric! per Section 2.2.!.3. .f the I.and I)e~el.pmcn! ('ode for a itrivale gulf c.urse, club house aud drh lng ra.ge facility f.r pr.perry I.calrd off lira;riley Boule,~ ard. east of the (;olden {;ate ("-,ual. ir; See;ictus 24 ariel 25. '1'.~ n~,hip 49 .~oulh. I(ant:e 26 East. ('.liter ('ounty, Florida con,,i,,lint: of I~(} +/- acres. I,Cr% 9';-X4 - Ad.l)lrd I; Il h eha.s~r', .~,0 l'rtillf;rr V-gg-Z.;. Richard Yr,, a.o~ ich. E,,q. rclrrc',cnling (;u., Sciaqua, rcquc~,linR a 15, arlancr frr.. the required 15 fi.it si(lc )ard lc; 0 ;crt r.I the ,~oulh arid norlh i)rol)crly lincs and rrlail huildhrl:s I. he located al ..t073 Tamiami Trail Norlh. 3) I'rliliofl %'-9g-2 I. James %%'. %'icrgulz rrpr¢,,etJlif]g x, Ved~t'n.}nl requesting a 25 f,.,I ~,ariance frtrm thc required 35 foot ir.ut yard I)ri~e for carporl~ fur a c,.ndominium complex h)caled (.] l'alm View l)rixc apl)roxilnatcly one half mile north .f hmimkalee R.ad in l'alm Ri, rr area I,: c,,.. 90-8b.-Adol)lcd I'rlilion ('l'-91-.~4 .Mark W..Miflor. i'.E. of Q. (;rady .Mi,,r & As..ociates. I'.A.. reprc*,t'nling Roberl Duncan for Ihe Task Force for Ihe llom¢le~i, rrqucsling ¢ondilional u~t. "9" o[ lhe ~~'-4" ~,oning dislrl¢l per ~c¢lion ].].i 5.t. Io add lltenly (20) hed~ Io art e~|~ling sh¢'llrr for properly I,calrd at ]001 Alrporl Road ~oulh (('.R. 31 ). [urlhcr described a~; I,ol 1. IIIock K. The Gl'.dr~. I'nil 'l'lt o. in ~e¢liml I~. Tim nship 51] ~oulh. Ranl:t' 25 E'-,~I. Collier ('ounl). FIorid'~ ¢on~i~ling o[ ],3 */- January 14. lb. CON.%I':.%T A(;F:NI)A - All Illalfer'~ lb, lcd under lift,, if¢ln nrc ¢on~hlered to I)~ roulhte and action hill he taken by one motion ~,,ithoul *,eparatc cli'~.¢u,,qi(m of (.';scl] item. If (li%cu%%ion i,, (h.',,ired lay a n~mher of tile Ilo'~rd. Ihal ilcnJ(~) ~q ill be rt. nu)~ ed from the ('on~ent A~en(la ~nd con~i(lercd ~cparalely. Al)pro, cd and'or Ad,pled '~ i lh (hanl,:c~ ~ fi l) ('O.~I.'HI'NITY IIE'¥1';I.III'.%IEN'I' & E.%%'iR()N.'HENTAl. I) · ro appr,~ e a budI~¢t anwfldmenl thai authorize~, Ihe Office of .Xlarla~en~enl and Ilud~et Io r~tablhh a project hud~el aceounl nar tile 1998 I']conomic I)evelopmenl -Community Development Block ¢;rant (CIVIl(;] Project White I,ak~ Industrial Park. Ira IIw aaJ~;unf o/' $"/~).l)llO.II0 RerlU¢.,t Ia approve recording the final pla! al' ('otlola (;ret'lib. ;llJlJ approval of fhe perfornaance ~ecurity. %~,'/I.cller of ('rcdil. (')aaJ~lru¢lJon af~d ,%iainl¢ilance ,~,t~rccnwnl and ~tilaul;ilh)fJ~ 3) RCtlUe,~l Ia grallt final accrplatlce o; IJl¢ road,s, ay. draJ~la~e. ~alcr and impro~etnenl,~ nar Ihe final plat of"Nortl,~hore I.ake Villa,, Replat" 90-72 4) I{ecornmendalion la) approve commercial Excavation i'cra,dl No. 59.6'73. ~i,tolacrl,, ilome~ite and ('ommer¢ial l'Zcavalhan" Iocalcd iu Seclion 29. 'I'o~ n,,hip 47 ~)ulh. i,tanl~e 2l¢ East: bounded on Ihe north, earl. and soulh vacanl la/ad zoned t'~tatc,, and on Iht ~c~,l lay a caoal and vacant land zoalcd agricultural. W/qlipulation~ 51 Recommendatiun Ia approve Excavation I'ermit No. 59.fi78 Tim .%lahmcy Ii {'omnwrcial Excaxalion located iff Scction 28. Tox~ n%hip 4X South, Itan~e 2X Earl: bounded on lite north by 72'l Avenue N.F:. IUW. on the wcst by 40'h Street N.E. IUW arid on Ihe ~,,uth and ea~t by vacant tract. 6) Re(lUe,,t lo approve the final plat of "Forre,/t (;leu of Nal)lc~" 6 January 26. 1999 ?) X) 91 10} B. I'iBI.I{ !) 3) 4) ~) 7) ~,V/l'crforlilancL' .~c¢oril). ('on~frifcli,fl anti .~lairlfCllatlcc ,.~[rt, t. lllt'll! :lll(J ~liplJl'~lion~. Rcqu¢,t lo grant final acceptance of thc rna(h, ay. drainage. ~atcr and ~.c~ cr imprn,,emcnl,, for Ihe final plat of"Dekker Estale~." 00-73 Recommendation to approve commercial excavation pcrmi! No. 59.672. "lJlac Eaca~ alit)n~ Iocalcd itl Section 24. 'l'ov~ n~,hip 47 Soltlh. Range 27 Eu,~I: botmclc(I on Ibc north and v~enl h,.v oc(Itpit'd agrictJllural land. oft tile ~.,oulh and ea,,I by ~acanl land z.n~d agricultur'~lo ~W~llpulalion~ Authorile ~lafl tn reject prnpo~ah r~¢d~'ed f.r RFi' gS-]Xll - ~o[l~ ~r~ for nplical Imagin~ and r~-bid al a later dale. Budget Afncndmcnt Io fund rt-localion of t'tility and Franchise I{cRulalion. (('ontl)anion to X(A)I.) · ~V()R N.~ Rcquc,~t tile Board declare a puhlic ,~afct) emergency to authorize Ihe installation of addillonal traffic c, ntrol dc~icc~ for Ihe intcr~cction of In(lu~trial Boulevard (('nufII) Maintained} and Mcrcanlilc A~cnue (NOll-COlillly Maintained). Appro~ e a Budget/,.np:ndmenl for road~* ay and drainage repair,, If) I..vnnmorc l.ane itl Pelican Jla). Al)pro~e Wnrk ¢)rdcr #WMII1'-1-'I'-98-4 ~ith Wil,mn. Miller. Barton & I'cck. Inc. to pro~ hie data collection and initial pcrntltlinll ~ ork for lmpro~ cmcnl,~ to the Sahal I'alm Road~ ay Extcn~i.n. Itl the antounl of ~LZ/JO.O0 Apprn~e a Cooperative Agreement *~Jlh the Soulh Florida 'Wafer 31anagcmcnt I)htrict for a replacement bridge at Brnken Back Road over tile Cocohatchce ('anal. Approve Atnendmcnl No.I to the l'rofc~o, hmal Scrvicc~ Agreement with Wil~olt. .Miller. Barton. i'et'k. Int. f.r the (;.rdon Rivcr Exlclt~ion Basin Sludy I'rojccl # 31005. Aulhorize the I'uhlic Work,i Engineering l)epartn]ent (I'XVEI)) l)irector to Al)l)ro~e a Work Ordcr ~ilh XVikon. Miller. Barton. i'eck. Inc. to obtain ut. rial nlapl)lng of Ilaldeman and Rock (;reck lla~in~ Vtilizi.g the Fixed Turin annual (onlracl. l'rojccl ~ 31010. Work Order g WM-Fi'-00-1. thc u. UJulll Approval of Budget ,'~mcndntent It) re-approi)riate fund,, for lite comiHction of Water I)cpartmen! projecl,, currcnlly in prollre',,i. 7 January 26, 1999 X) 9) I0) il) 14} 17} h! iht :ifflOlJlll t;f Bid #OX-ZX.:IZ f,r I)t,~'-::ifier/Me(li-': :in(J IIt,'-,dcr rt,I)l'-:¢rntrnf. Bid #OX-2815 fnr I)olnt,Nfi¢ ¥,"-:lt,r .%Il'it,ex. rr-llld ,~lldifi,Jn h) Bid #IJX-2XX2 f, Jr ¢ortxlru¢linn ,f Iht, t)'l' SIrrt'l .Shit. x, '-ilk :is purl lilt, Annual l'zth;*ay i'rl)jcct. Appr,lxr a I.and I'urcha~e Agreement v;ilh I'clican I{idtlt, ,,f Nal)lt,~. A,,%l,cialitln. Inc. pur,,uant Io Eminrnt Domain ('a~e N,. 9$-~071-('A-01-'I'B for Iht c,n~trucfed %'~ntlerhill Beach Road Four l.~nin~ In;proxt,mt,r~t~ (il:lmm(Jck ()ak I)rix e tn ,Xirport-I'ullin~ Road). I'urch',..t, A~rcrmt,rtt ~lttl ()tJilcl'-,hn I)crd It~ ht' :lcct,i)lt'd ,',,pprox e Anlt,nchllt,ftf No. 4 t. the l'rnft,.~,,iot;~l St,rx ices ,'x~rt,t,rl:t,nt '~, ilIt Ilumixlnn & .Xl,)lJre En~int,cr: for ,~urk ax*mciatt,d ,,lilt lilt, Big .Murctl untl Capri I'u~ Inlt,I .M'~nal~en;~nl Phm. hi lite anlouflt ¢)f S!-'7.4-'.%00 hem hax ht,rn df,feted. ,~,,~ artl a ('ofltr-.icf I, (;tJlfc,)axt (',ntmt,rci'-,I Elt,ctric I.e.. It) c,tt]%trtJct .Xl'.,~trr I'ur,l)in~ Sl~tilinx .%hlfor (',nfr,I I{ru,x '-,titlit%. Bid OX-2X'}J;. I'rtJjt,c! hi Iht '~llit,.llll of A pprot e Afl~'ndni~nt No. 2 tn I he l'rnfr,,ionzl .~;erx ices A~rrrlnrn t I~ it h llufni~lon & Mnore En~inrrr~ f,r the Marc. Island Sc~nicfitrtl Breaker:tier Project. ill lilt' '~flpJtJt:l ,Jr ('()N'I'INI El) I"i{().~! hl'.l' ! E.%IIIEi?, I.~. 190X -'i'u Ul)l)r,i, r Iht, Ir'-,nxft'r of prl~pt,rl.~ fr,ml ('lJllit'r ('.unt.', h) fllt' .~lalt, ti[ l"hsrid:t I. x~ti%fy Iht, rt'lltJirrlntu:h it[ l~rrlllJl #1 I .%1.,, ¢ Ir: lit'rtl #Xl13 I{t,ciJmmendzlion that the liilard of County ('mnmi,,,dnnt,r,, a~x :ird Bid for the ('Item Bzy 'l'idzl ('reek ::nd .Xlzin ('hannel l)redk, in~ Io Energy Re.~lmrcc~. Iuc. znd l.udlum ¢'ml.,frucd.n Co.. Inc. end '-:pprnvt, Chuirwonta~t iii t,xecutt, Ihe ('ontr'-,ct I)ncumentx up{ill .~.florllt,y ri,vie,,. oMoxrd lo IIt,m #XIIZ Ad,q)l a I{t,x(ilulit)n uulhorizi,~ Iht, ucqui~ition I)y ~ifh purcha%t, or condenm'~linn of ft,e ~imple filk' inlcrcxfx and/or prrpt,lu'.,I, nlmrxch,~h'r, rlr-,d righl-u~-~uy. ~idt,~ulk. ulilily, dr.~in.-,~t,, muhtfcn:,ntt, uml ft'ntporury coflxlrucfioll illft'rt'~l~ h.v e'J~,elllelll for flit' con~lrucfilm of Ibc four-I~nilt~ improvt'menl~ fqr hnmok'Mt,e Roud (('.1{. X46) projt,cf bcl,~t,t,n I-?.~ und ('.I{. 9.~1 ('lE Nu. I). Adopt a Rmolution aulhorizlng Ihe clo~ing nf Iht purchase of Rookery Bay Services. Inc, ['lilily ('ompany, 99-74 I'i'HI.I(' .'4ERVI{'ES i) 3) 4t This ilem h:s bct.n de.Ii'It'd. Approve Ibc master agreemenl relating Io Services for Seniors (;r'-,nt znd aulhorize the ('hairman Io sig. n the ma,,ler :al.:reemt.nl betss'een ('ollicr ('ounty Board of County ('ommissloners ~nd the Area Al~eney on Aging .~mlhv~es, I Florida. Inc. Appr,se Ih¢ Older American,s Act ('onlinuation (;r~tl ~nd authorize the ('h2irm~n In ;;In Ihe conlr2cl bet;seen Collier ('ounty Board of ('ommi~%ionrr% ~fld the Are~ A[ency for South~se~t Fl.rid~. Approve :an :a~rct.mcnl bclssccn ('oilier ('ounty and the (;ulfcoast Skimmers Ski .%hoss'. Inc. for the complelion of the grandstand facility construction. Ass ard a ¢oncessim~ agreement for the C;oldcn (;ale po.I. A.s~ ardcd Io 'l'hal's An;ore° in Napoli SI'I'I'{}RT SERVI('I'~S I } Al)pros'al I,) Ass:trd Bid #~8-2887 1o Shamr.ck Plumbing Inc. for ()n-('all I'lumhing Equipment Repair and Nlalnlcnancc. 3} 'Ihis item Isa,, t)et.n ddt.ted. Approszl Itl I'urehas¢ 'ihrce (.t) Full-Size. 2 Door. 4-';VI;eel Drive t'tility Vehicles from Ihe SlaI~ of Florida Automobile,s and IJght Trucks Contract. 4) From Bell ('he; rolrl if! Iht an;ounl of S71.86~.00 A~s zed ('onlract #q5-2.138 Io l,ass Engineering and Enx ironmrnlal Servict.s Inc. f,r Ihe i{t. placemenl of Inlt. gral Piping m; I'ndcrground Fucl .'41oraL:t. 5) 6) Ill Ihr a/llosJ;ll iJf Approval and Exrcuti.n f.r Satisfactions of ('laim iff IJcns fi)r Water and'or Scs; er S)seem ! mi)act I-'et-,. Recommendation lo Ass'ard Bid #98-2898 fur Ihe Advertising of Delinquent Real l.;s~ale and Pt.r,,onal Property Taxes. 7) Ass ardt.d lo Tuff i'ul)lic'-,lions. Inc. Igecommcndalio;; II;al Ihe lit;ard of ('Otlllly ('ommissioncrs Apl)r~)ve and Ezccute thc Notice of I'ronfisc It) fay and Agreement Io Extend I'aymcnt of 9 January 26. 19')9 n) Apprm,'M of an Agrcemc,I b¢lv~cen Ihe ~lalc of l.'htritl~ I)rp'-,rlmcrll itl' ('nmnlunily Afl'31r~ ~m! ('oilier ('m,lly ~o A¢¢rp! Sl'-,le ~nd I.oc:d A~i~l:tncc Fumlin~ f,r Emer~cncy .%l.Jnagenwnl A¢li~ ille~. Re-.. qq-75 E. (*()i*NTY AI)MINIS*I'I{A'I'()R i) Apprn~'a! of a I)ina,,Icr Rclicf Funding Agreement ~ ith lite .%lale of l-'h~rid:t. I)cparlflJenl of Conmtunily ,*,.ffairn. Appr,~ al nf Budgel Amendmenln 99-10¢). 99-108. qO-I 12.00-131 ,Xppro~ al of a ('ofllra¢l .~mcndii$cn! ~ ills l lemlcrn(m. F. Be)Al,ti) ()F ('()i'N'I'Y ('().il.MISSIONERS (;. M I.%('EI,I,,~,N EOi'S ('ORI{E.%i'ON I)EN('E I ) .%linccllane, u', ilenV, I, file [.r record ~ ilh action an dirccled. II. O'1 IIER ('()N.~TITI'TIONAI. ¢)FI"I('ER.~ II I~¢ctltltSlJelldaliort 1o ap|sro~ ¢Ihe Irurcha~c t)f H)cciali/cd c()illniuisicali()nn F¢iuJpf~Jefl! f'roJll co/sfi,~caled lrunl fund~ irt ordcr I, purlicipale itt a I-'h,ri(l'., .%heri fr,~' Tank Ifa list' afspJiffil n| ~8.~,5.'q.f10 2) 'lhin item ha'~, been deleted. 3) Igccomtssclsdaliolr Ihat lite Board (t[ ('ounty ('(timili,,%i~rncrs recognize a ¢tmlractual oblig-nlion I)t.l~qeen fi,~cal )'earn and al)pr,~ c carry f()r~ aid fundS,t;. ,Xlr)~ ctl(. lit'itt #1 IAI 4) Rrque,~t liras Ibc Bt'(' aullmrJ/e expemliture of budgeted 301 funtln and 1(19 fund renerT~¢ for lite purchan¢ of a i'rlnlrak Inlernathmal Conspulcr Aided I)i,,palch (('AD) S)~,lenJ f.r lite Sherifl"~ Office. I. ¢'Ot 'NTY ,VI~I'O RN I': Y I) I{ec,tmncrtdaliofl Ihal Ihe Board f,r*~ard .N()lJct.' Io I'rf)cccd Itt Ihe Tax ('oll¢ct,r f,r tax dccd -.,pplicali,n% (tis Ilar 1996 ¢otliily lax ccrlil~calc%. !) it. ecnmsm'ndali.n to appr(rve a Icgal ~,er~icen agreemcn! ~ Jib F'ixcl & 31aguirc an legal counsel ~o repre,~en! couflly r¢laling It) c(tunly'% properly acqui,,i!i(tn inlcrcnl',, including emincss! dmnaht proceedings, for thc N(trih .Naplc~ R(tad~ :ay M.%TU (AKA l.i~ing,~l,n R,ad; I'rojecl No. 65041 ). Al S235.l)0 per h,,tJr fitr trial ~.rk: S2{)0.00 ircr Imt;r f()r mtn-trial ~tJrk: a~l(I St,0.00 per It(mr f.r liaralc~:fl ,~er~'iccn. 3) it. cc(,nnlctsdali(,I f(tr Ibc Ihtard (ti ('(tut;ly ('omnli,.sioncr,, to I)aY thc legal fcc% and co,d,, ,Jr former Isles (ri ('al)ri Fire ('ontr()l l)i,,Iricl ,Xdvi~,(try ('(Jmftdllcc ft;efnl)cr,~ pur,~uanl lo ('ollicr (',unty Igcs, luti(,s Nh. 95-632. 10 January 26. 1999 ~h.741l.fUI ill Il'gal ft'e~ 4) l{eque~l l)y lhe (°nllicr {',unly Imhi~Iri'-,l l)cvelnlTn~cnl Anlln,r[l: fnr apprn~ al ill' a l't-~i~lIlliilll aIllhnri/il1[ lhe ,~llillor]l%1 lo i~llt' rt'~,ellllt' Imnll~ lo hc ll~cd In fill'~n(e he',llh ¢~rt' f~(ililie~ h,r NCII lh'~lllheure NJ~Irln aIid edi::'alh:nal la¢ililic~ l,,r 'l he ¢ '-mnlunil.~ .~¢lil,ll nf .%':lplc~. J, AII(I'()I(T AI'TII¢)RI'1%' 17o .M'MNIAI(¥ A(;ENDA -'!'111.~ .~E('ll I¢}N IS F'OIt AI)VERTI.~EI) i'I 'BI.l(' IIE,~,RIN(;.~ ,ANI} .XlI'NI1 .XlEET TIlE FOI.I,O¥,'I,~'(; ('RI1 Ei~IA: I} A RE('O.XI.~IENI)ATI()N FOR AI'I'R()VAI, FR().Xl NI'AFF: ZI I'N;~.NI.XI¢)I'S RE('().Xl.XlENI)ATI¢)N F'()R AI'i'R()V.Xl. 'i lie ('¢)I.I.IEI( ('OI'N I V I'I,~X.XlX(; ('()MMIS.~II)N ¢)1{ ()TILER A! "I'II()RI/.I.~'(; ~(;EN¢'IEN (IF AI.I. ME.MIIER.~ i'RE.~ENT ANI) %'O'I'IN(;: 3) N() %~ I{I'I"I'EN (IR ¢ )II.IEI"I I¢ l.%~ 'I (~ '1 lie I'1 EM IOX'EIVEI} BY NI'AFF. TIlE ('¢H.I.IER ('¢)1 'NTY I'I,ANNIN¢; ('O.~I?,II.~.~I()N. ¢) I'IIER AI'TII¢)I{IZI.N(; A(;EN('IES (IR TIlE ilOARI). I'RI¢)I~ '1'¢) TIlE ('()MMEN('E.XlEN'r ()FTIIE B('C .XlEETIN(; ON WIIICII TIIE I'I'E31S ARE · ~('IIEI)I'I.EI) '1'¢) lie llEARI): ANi) 4) .NC) INI)IVII)I'AI,S ARE RE(;ISTEREI) T() SPEAK IN ()i*1'¢).~1'1 I()N TO TI I E I'I'EM, I'ctili.n I'l '1)-O8-12..'*Ir. llcl iii .%l¢'vJlker. ,f i'hnenix I'lannin= & En~4inecring. reprc~cnlil]~ %tlll I)ce I)C~ chq)i'll¢nl. Inc.. rcquc.,linR a re/nnc from "A" Rnral Al~rJcllllltre Io "l'I 'D- i'lJllllrd t'liil I)c~cl.lnnCnl In lie kn:,~ n a~ }"-ufllaJll Park PI'I) fnr iirnllCrl.~ hlcaled nn thc ::chi ,,idc .f Airlmrl.i'nllinr. Rnad (¢ '.l,t. 31 ). and appr.,~hn-,lch' 350 foci :nlllJl of %"-InlJt'rl:dll Iicach It.all in .~cclinn Z. l'n:: .:hip 4q ~nulh. Range 25 l-]a~l. ("oilier ('Ollllly. Florida. cnll:i~ling of l O. 14 acrc,~. II. I'elili.n ','-:il--...':' ~%':,ller ('h¢l |Iici rcprc.,¢nllng ,~,.nlh.ragt. ('nndondnitmi. rcqucnling a I 0 J{ r~,. (1q-78 ('. I'cfiH.n V.qg.21t. I(.g¢.r llill, rcprc.,cnling I.n,~cll and ('lanllia .Xc~ Inn. relluc~fhi,4 :l 10.3 f. ol ~arian¢c I. Ilar rcqlHrcd 15 f..I rear yard .,clback lo 4.7 foci fi,r iir.llCrD· lncalcd al 520 Ilahl Eagle Drhr. f. rlhcr dr,,cribed a,: l{Inlk B. l.nl 18. Naple,, Balh and 'l'enni: ('lub #B. in .%e¢lh.i 14. 'l'm~ .,,hip 40 ~mfll. Range 25 Ea,:l. ('.llicr ('nunty. F'h, rilla. .Nlo* t'tJ lo lit'Ill #12112 I). I'rlilion 1'1'!)-8:J-23 { I )..Xlr. Roi)crt I.. I)llanc. AI('I'. of Ih:lc..Xlonlc,, & .~,~'-sciale~,.hlc..rcprc~enlinl4 Ihe .litl! ('olo.,Jmo. 'l'ru,,lee. requenlilll~ II~ rezolle lilt' I}rnpcrl3 pre~inu,,I.', appr.~ed a~ a ~l'l'l)" namely Ibc l.a~lnelka Plaza I'['l) I'l'l) ha~JlIR Ihe cf ftc! nf adding I. Ihe li,d of permillcd ll,,c., and rch:catinl; thc ~t'lland IlrC'~er* e fnr i)rnpcrl) Iocalcd on the norlhll ell lnrlicr of Wia~in~ I'a~,,, Road and I'N-41. itl .Kct'li.n Iii. 'l'nl~ n~hip 48 Nnulh. I,lall~e 25 Ea,,h ('oilier ('ounly. I-'lnrida. con~i~ling i,f 33.t~ acre., I't'lilil. I i{-q8-7. XVillialn 1.. Ih.,~cr. AI('I'. nf Ih,n:cr i'lanninl~, rt, i)rc~cnlinl~ 31arpel Illlt".lllK'lll. Jill.. reqtlt.~lill[ a re/illle frOlll ]{NF'-3 Io ('-4 fi:r ilrnpcrty Incalcd (hi lilt' ca',l I1 JalmaLv 20. 1~)~)9 ,ide of S.R. 951 appro~imalrly ?00 feel ~oulh of I'.S. 41 in Section 3. To~,'n~hip 51 Soulh. Range 26 Ea,I. Collier County. Florida con,i~ling of 1.43 +/- acre~. Ord. AI}JOI'R.% ¢'ON¢'ER.~IN¢~ {'IIA.~(;E.~ '10 TIlE i~OARI)'.~ A(~ENI),~. StI()i'I.I) BE .M..~I)I'~ T() TIlE ('()I'NTY AI).MINISTRAT¢IR'.K ¢}l-'l"l('E ..S.T "/74-83X3. 12 January 26. 1999 ..I (;E.Vi)..I ('II..IN¢;I..'.~' BO..I RD 01:~¥)1 .'.VT)' ['OMMi$.~'IO.VEIt$' .III.;ETI.Y(; MOl'E: ITI':311I~B fl7 TO ,WB .~ - RI':COM,111':,'~'I),,ITI[),Y T//.,IT Till:: B(.'C ,.III~.IRI) BID tlg);-2~[ll I"OR, Till': ('L..IM /L, IY TIi),.IL (.'RI':i':K ,-I,YD ,1, I,.I/,V (,'IL,I,Y,VI-:L I)RI':D(;I,V(~ TO E.YI':I~,(~Y I~,1':.'~'[)1~,'i~,(,'!':$ ,,I.YD LUDL! ',1/ (.'O,V.~'Ti~,I '(,'TIO.V ,,I,VD ,,II'I'ROI 'i'~ (,'IL, IIRII'OM,,I,V TO I':,\'I':C["TI': Till': (.'O,VTIL, ICT DOC[',$II'~.V1'.S' l'i'£).V ,,ITTOR,YI':)' R,I':I'II':Ii' ((,'O,II.III.~?;IO,YI':I? .I I,,I (."Kil':). MOl '!';: ITi:.M 16~ ...II)DI'T..I RE$OL[;TIO.Y I.'OR RO..ID RIGIlT- Ol.'-II:.l }; $1DI.~II:.ILK. [-'I'ILIT); I)R..II.I;.IGE. .%L. IIo\'TE.I:.I.YCE ..I.YD TI.;.III'OR..IR}' CO.VSTR['CTIO.V I.YTI.~RI.:ST$ BY I.'.o. ISEME. VT FOR TIlE CO.~:S'TRI 'CTIO.V 01: TIlE !.'0~ 'R-L..I.VI.V(; IMI'ROI 'EMENT. S' I.'OR I. IIMOK..ILEE flO,.ID, f.S'T,,Ii"I"'$ .IIOI'E ITi.;.I! ifdill(g) TO ilL.I)flW - RE(~b'I'CST I.'OR TIlE i'LIItCIL. I.~'E 01: i'RI.VTR..IK i. VTIfR.%ITIO.I;.II. CO.$1P~.'TI'~R ..III)I:.D DI$1'..IT[71 i-'OR Till.', $111':Rli"F'$ OI.'I:ICI':. (¢O.$1,liI$$10.VI.~R i:;,IR TI'~IO. .1101'!-'.: ITI.:M ITL.I TO 1211 3 - I'ETITIO.V i'{.'1) 9,%12 ItEZO.YE I.'RO.~I "..I" RI'R..IL ..I(;RIC~'I.T[:Rlf T[) PI'I) TO B£' K;V[)IISV ..I.~' i.'O['.V1;.II.Y I'..IRK i'[7) LOC..II'ED O.V Till'; II'I.;$T .$'IDE 01: ..IIRI'DRT-i'[.'LLI.Y(; RO..II).~'0[~'I71 01: i 5,1.~'I)I.;RfliL T !~1'~,.I ('il itO,,I D. ($ T,,I i.'1."~' RI.:(.)[ :/:'S TI. ,1101'1';: ITI,;.II 17 D TO 12 B 2 - PETITIO,V PL?D 89-23~1) . RI:,ZO.VE TIlE L,,IlI:$1ETK,,I I'L,,IZ,,I I'~ 'D TO ,,I ,VI~II' PL"I) IL,I ! 'I.VG TIlE Ei.'I.'E~'T OF rIDDING Ti) Tile LIST OF i'I;R. IIITTI';D ?RI.;.$'ERI 'i'; I"OR PROPERTY LO~:,I TI';D O.V TIlE CORNI':R 01: II'IGGI,YS P,.ISS RO,.ID ,.I.VI) L'.~' 41. i$T.,11"!."$ REOL 'I.;$T). PROCLAA4A TZON WHEREAS, the be~utiful coastal waters of Collier County represent a world renowned recreational resource; and, WHEREAS. Call~er County residents and visita~s alike are drawn to these beaches by the millions each year for beach and water activities; and. WHEREAS, the aquatic environment has dangers that can be effective/>, managed through pubh'c awareness; and. WHEREAS, for reasons of public safety, a reminder of the joys end hazards associated with the aquatic environment are appropriate during thl'~ bu~y beach season: and. WHEREAS, res/dents and visitors alike must remember to learn to swim, never swim a/one, don't fight 'the current, .take cover during thunder- stor~ drink extra fluids, ~icg $u~n p~evention and do the WHEREAS, off p~ons usin~ o~ b~Ch~ and coastal wo~ or~ urged to enjoy th~v~ whil~ takin9 appropriate measur~ to protect themselves ~OW THER~FOR~ be it proclaimed by the Board of Count>' Commissioners of Coi]i~.~ounty, Florida, that ~eb~o~ be d~ted a~ ~,B~ACH AND~WA TER 5AF~ ~O~H ; bONE AND OnDERED ~a 26th O~ of Z~ I999.: A TT.~.T. : BOARD OF COUNTY COMMISSIONERS PROCLAA4A TION WHEREAS, more than 4 million patients have been given a 'second chance" because of the carin9 generosity of blood donors,· and, WHEREAS, every three seconds, someone needs blood, and every dap, approximate/k, 40,000 units of blood ore used throughout the notion; and, WHEREAs, medico/research has achieved remarkable progress to help ensure that o# £/on'dians have access to a safe and adequate blood supply; and, WHEREAS. the need for odditional healthy bIood donor$ to join the ranks of those who o/ready give is greater than ever before, and the nation's supply needs constant replenishment; and WHEREAS, WHEREAS, WHEREAS, on estimated 8 million people donate blood in the United 5tat es each Year, and . - ' · ~.. , each day thousands of Floridians undergo surgery; for some the procedure may be routine, for others a specia#zed requirement may exist, such os an organ transplantation, and foe manY, on emergency condtion may demand inctont a blood transfusion con often mean the diflerence bet~veen h'fe and death. NOW THEREFORE, be it proc/aimed bY the Board of County' Commissioners of Collier CountY, ?Iorido, that January 1999be dedgnoted as · VOLUNTEER BLO00 DONOR/dONTH in Florida and urc]~ residents to ~on$ider giving blood.., the gift of DONE AND ORDERED THIs 2bth Day' of ~anuary 1999. DWIGHTE BROCK, CLERK BOARD OF COUNTY COM~fIs$IONERs COLLIER COUNTY, FLORIDA PA~LA '3. ~ACKIE, CHA[RWOI~AN INTERLOCAL AGREEMENT RELATING TO TIlE ACQUISITION OF TIlE GOLDEN GATE UTILITY SYSTEM FLORIDA GOVERNMENTAL UTILITY AUTliORITY and COLLIER COUNTY X, VATER-SE~,VER DISTRICT INTERLOCAL AGREEMENT RELATING TO TIlE ACQUISITION OF TIlE GOLDEN GATE UTILITY SYSTEiM Tills INTERLOCAL AGREEMENT, dated as of March 1, 1999 (the "interlocal Agreement"), by and between the FLORIDA GOVERNMENTAL UTILITY AUTItORITY, a legal entit3' and public body organized and existing under the laws of the State of Florida (the "Authority") and the COLLIER COUNTY WATER-SEWER DISTRICT (the "District'), each constituting a "public agency" under Part I of Chapter 163, Florida Statutes (the "lnterlocal Act"). W l TN E SS ET 11: WlIEREAS, the Authorit3' ',,,'as established pursuant to an lntcrlocal Agreement, dated as of February I, 1999 (the "Interlocal Agreement"), initially among Brevard Count.,.,, Florida; Lee County, Florida; Polk County, Florida; and Sarasota County, Florida for the purpose ofacquiring, owning, improving, operating and maintaining water and wastewater utility facilities; and WIIEREAS, pursuant to the Interlocal Act, the Authority has entered into an agreement to purchase certain water and wastev,'ater utility facilities owned/or controlled by Avatar Holdings, Inc. and its subsidiaries ("Avatar") and such utility facilities include a water and wastewater utility system located in Collier County, Florida (the "Count3'") more commonly known as the "Golden Gate" utility system ( the "Golden Gate Utility System"); and WHEREAS, th, Authority will issue a series of obligations known as the "Florida Governmental Utility~A~ath°ritv Utility Revenue Bonds (Golden Gate Utility System), Series 1999 (the "Bonds") for the principal purpose of acquiring the Golden Gate Utility System pursuant to an IndentUre of Trust, dated as of March 1, 1999 (the "Indenture"), by and between the Authority and SunTrust, Central Florida, National Bank, a national banking association; and WIIEREAS, the District has determined that it does not wish to become a metnber of the Authority but would like to preserve certain options and abilities concerning tile Golden Gate Utility System pursuant to the terms and provisions hereinafter set forth; NOW, T! i EREFORE, in consideration ofthe foregoing and the covenants contained herein, it is mutually agreed and understood by and bctv,'een the District and tile Authority as follows: SECTION 1. ACQUISITION OF GOLDEN GATE UTILITY SYSTEM BY Tile DISTRICT, (A) The Authority hereby grants the District the right to acquire all, but not less than all, of the assets, liabilities, obligations, and responsibilities relating to the Golden Gate Utility System for so long as the Golden Gate Utility System is owned or controlled by the Authority. The terms and provisions of such acquisition shall be established pursuant to a utility acquisition agreement betv,'een the Authority and the District, subject to the terms and conditions ofthe lnterlocal Agreement and the Indenture. Notwithstanding the foregoing and 2 unless otherwise agreed to by the Authority and the District, the purchase price for the Golden Gate Utility System shall be the amount required to repay the Bonds and any additional obligations of the Authority related with the Golden Gate Utility System. The District further agrees to negotiate with the Authority for the payment ora pro-rata share of any reasonable, verified Authority expenses at the time of acquisition by the District. The District shall also pay all verifiable expenses associated with the transfer of the Golden Gate Utility System by the Authority to the District. (B) The Authority hereby also grants the District the right to assume the Authofity's obligations under the Bonds and the Indenture, all pursuant to the terms anti conditions set forth in Article Vii of the Indenture. Any such assumption by the District shall take place simultaneously with the transfer of the Golden Gate Utility System from the Authority to the District. SECTION 2. OVERSIGliTOF RATES, FEES AND CtlARGES BY Tile COUNTY. Thc Authority hereby agrees with the District that the County, or the County's designee, shall have the power to review and/or approve rates, fees and charges relating to the Golden Gate Utility System in accordance with and to the extent allowed under Section 4.04 of the lnterlocal Agreement. The Count5' shall not have the power to approve any such rates, fees and charges in the event such rates, fees and charges have been established by the Authority in order to comply with the covenants contained in the Indenture. The County shall apply its ordinances and rules and regulations which pertain to water and wastewater franchise utilities in determining rates, fees and charges for the Golden Gate Utility System; however, the County and Authority acknowledge that certain rate-making principles are different for public entities such as the Authority than for private entities. The County and the Authority shall enter into a separate interlocal agreement with respect to the process to be followed in the review and approval ofrates, fees and charges of the Golden Gate Utility System. Collier County Water Wastewater Authority shall retain.jurisdiction over customer complaints and other related matters so that the Count3, shall retain its regulatory assessment fees. SECTION 3. A~IENI)MENTS. This Interlocal Agreement may be amended in writing at an), time by an interlocal agreement between the Authority and the District. SECTION 4. GENERAL PRO¥'ISIONS. (A) Except as specifically set forth herein, nothing herein shall be deemed to authorize the delegation of any of the constitutional and statutory duties of the State of Florida, the Authority, the County, the District or any ofi'icers tbereo£. (B) A cop3' of this lnterlocal Agreement shall be filed i, accordance with the provisions of the lnterlocal Act. (C) Neither the County nor the District shall in any manner be obligated to Pa5' any debts, obligations or liabilities arising as a result of any actions of the Authority, any Director, or any other agents, employees, officers, or officials of the Authority, except to the extent otherwise mutually agreed upon, and neither the Authority, the Directors, nor any 4 other agents, employees, officers or officials of the Authority have any authority or power to otherwise obligate the County or the District in any manner. (D) In the event that any provision of this Interlocal Agreement shall, for any reason, be determined invalid, illegal or unenforceable in any respect bv a court ofcompetent .jurisdiction, the other provisions of this Interlocal Agreement shall remain in full force and effect. (E) This Interlocal Agreement shall be construed and governed by the laws ofthe State of Florida. (F) This lnterlocal Agreement shall be contingent upon delivery ofthe Bonds by the Authority. SECTION 5. EFFECTIVE DATE. This lnterlocal Agreement shall become effective on the latter of (a) the dated date hereof or (b) tile last date the last of the parties hereto executes this lnterlocal Agreement and tile filing requirements ofSection 4(B) hereof are satisfied. 8 IN WITNESS WllEREOF. this lntcrlocal Agreement has bccn executed by and on behalf of the Authority and Iht l)islrict by their authorized officers or officials. fSI!Al.) A'VI'EST: Clerk, Board of C.ounty Commissioners ~ofCollicr County. Florida. as I:.x-Ofl]cio Clgrk o! the Govc'ming Board of thc Collier County Watcr-Scxvcr l)istrict COLLIER COUNTY DISTRICT WATER-SEWER I'^~;~.A S. ~~5/ '?'.,':'~! :~'~'I ~ ~ Chairwoman. Board ol Count~~issioncrs of ' Collier Cotmty. Florida. as. the' Ex-Qfficio Chaim'oman of the Govcrnine B6ard 'ol:~thc Collier County Water-Sewer l)istri.ct Appr,,ved as l,, Form and i.cgal Suflicicncy: l)a,,, id C. Wcigel. County Alt6rney FLORIDA GOVERNMENTAL UTILITY AUTitORITY ATTEST: Secretary-Treasurer RESOI.UTI()N NO. 99-80 A RI~SOI.U'I'ION AUTIIORIZIN(_; TIlE ACQUISITION OF I.ANI) BY (lIFT. PUR('ItAS[£ OR ('ONDI~MNATION OF FEE SIMPLE TITI.F. INTIiREST$ AND/OR NON-I-iX('I.USIVI:.. PERPETUAL ROAI) RI(;I IT-OF-WAY. SII)EWAI.K. U'IH.I'I'Y. DRAINA(il..'. MAINTF. N:\N('t£ AND ('ONSTRI~'CI'ION INTI!RliSTS BY EASEMENT FOR TIll! ('ONSTRI ;('TION ()F 'Fill..' FOU'R-I.ANING ROADWAY IMPROVEMF. NTS FOR IMMOKAI.F.F. RO:\D {('.R,. I~46) PROJI-X'T IH!T\VI!I!N 1-75 AND C.R. 951. ('IF. NO. tiS. WI IF. REAS. file Board of ('otll'lty ('ommissioners. on Oclober 28. 1997. adopted Ordinance No. 97-55 Ihcrcin cslahlishing d~e 1997 (Sevenlh Annual) Capital Improvement Elcmcm of Groxvlh Managemc~l Plan in onlcr Io cslablish priorities for thc design, acqmsilion and collslrllctio~l of thc various capital improvcmcnl projecls. The Transpom, ion l~lcmcnl ol'lh¢ Comprehensive Plarl was mloplcd Jr) Ordimmcc No. 97-(,2: WI IEREAS. Ibc ll)ur-l;lning improvements lo hmnok;fiec Road hclwCCll 1-75 and C.R. 951 is one o¢lhc capilal in]provcmcnt projccis required undcr lhe Transpo~alion Elcmcnl ol'the CotlHly's Comprehensive Plan: ami WI IERI~AS. Iht Board oFCotmty Commissioners. on Seplembcr 16. 1997. adoplcd Resolulion N,. 97-356 ;mlhorixin~ Ibc ('Otltlly Slil~[lo ;~cquirc hy girl or purchase and'or ~L'c shnplc lille h~ Ibc property ami property inlcresls rcqtfircd and necessary farting roadway improvcmcnls of lmmokalce Road helwccn 1-75 and ('.R. 9S1: aiR] WI IEREAS. file h~'alion Ibr con~lruclion of ll~e proposed improvcmen~s has been fixed by survey and is collcclively rupresc,lcd hy Ihe I~'~al descriptions comprising I~xhibil "A" allachcd hcrclo and inco~oraled hcrdn. WI IERI~AS, after consider;ilion ol'fl~c av;dlahilily oFaltcrllalc roulcs ;Hid locations, thc comparative costs oCprojcct aJlcnlalJ~'cs, various [mpacls upon Iht CllvJrolllll¢ll[, Jo~l~ range pJannh~g options, and puhlic salL'ly co~lsidcr;illm~s. Ibc I~oard desires to exercise ils right lo condemn property for public NOW, TI II~RI~FORE. BE IT RESOI.VED BV TI IE BOARD OF COUNTV COMMISSIONERS OF COI.LII~R COUNTY, FI.ORIDA, Ihal it has been dclcnnincd by Ihe Board ll~at Ibc conslruclion oFIhc Iimr-laning roadway improvcmCnls For hmnokalce Road between 1-75 and C.R. 95 I. (hcrcinalicr rclkrrcd lo as "lhe I'rt!jcct") is neccssaW and in Ibc public's best order Io protccl Ibc hcahh, salkly and wclt~,-c of Ibc chi/cns ol'('ollicr ('otlllly. AND IT IS FURTI IER RI~SOLVIiD lh:sl collslrtlclion of file Projcc~ is pan of Ibc Cotlllty's long rangc planning el'rom and is included in [l~e Transpomldon Elcmcnl ot'lhc County's ('omprd~unsive Plan For (]rowlh Managemenl, as approved by Iht Florida l)cparimcnt ofCommuniW Afl;firs. AND IT IS FURT,ttER RESOLVED dmt the County Staff has reviewed alternative locations for the project, various impacts to the environmental, public safety and welfare considerations assocJalcd with Iht design and construction of thc project, and thc costs associated wifl~ thc design. properly rights acquisition, and constn~clion ol'lhc projccl: ami thc Board fimls that after considcralion of Ihcsc issues. Ibc most feasible location for conslruclion of the proposed improvements is collectively represented by thc legal descriptions comprising Exhihit "A" allachcd hereto and inco~oralcd herein. AND IT IS FURTItER RESOLVED that in order to construct thc project as dcsigncd, it is ncccssa~' For thc Board to acquire Ibc various real property inlcrcsts described Exhibit "A" to wit: flee simple fillc interests and/or pc~ctual, non-exclusive road right-of-way, sidewalk, slope, ufilib, drainage, maintenance and tcmporaD' construction intcrcsts by casement. AND IT IS FURTI IER RESOLVED tim/all property shall be put lo public pu~oscs. AND IT IS FURTIIER RESOLVED that thc County staffis hcrcby authorized to immediately ncquirc by gift. purchase or condemnation in acconlance wifl~ ~l~c provisions of Chapters 73.74 and 127. Florida Slatulcs. thc above-referenced real property interests more parlicularly described in Exhibit "A% attached hereto and inco~oratcd herein. AND IT IS FURTI IER RESOLVED tl~at no nmbilc homes arc locatcd on fl~c pml~crty sought to be acquired and therefore it will n,n be ncccssa~ 1o remove any mobile homes From thc property to be acquired. This Rcsolulion ndopled on thi~c~d.y of >~(~ (t~_ , 199~. ;ll~cr nlolJon. sccoml and nlajorily vote. ttcidi F. Ashton Assistant Courtly Attorllcy PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 69101 PARCEL NOS...100 & 700. FOLIO NO..cl.]. 9. 3.0 ~] B.0Q 0.3 ...... . -P-~.e_SJ. mp 1 e_ ....... Temporary Construction Easement IMMOKALEE ROAD (C.R.846) 100' R%W 492.8' 50' EXISTING R'VI LINE 50' 196.78' PARCEL 700 ' PARCEL 100 TRACT 19 DESCRIPTION (PARCEL 100) THE SOUTH FIFTEEN (15~ FEET OF THE NORTH SIXTY FIVE (65~ FEET OF THE EAST THIRTY FIVE (35~ FEET OF TRACT 19 OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT 97, AS RECORDED IN PLAT BOOK ?, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 525 SQUARE FEET MORE OR LESS. o o < n- DESCRIPTION (PARCEL 700) THE SOUTH TEN (10~ FEET OF THE NORTH SIXTY (60~ FEET OF THE WEST FORTY FIVE (45~ FEET OF THE EAST 241.78 FEET OF TRACT 19, GOLDEN GATE ESTATES , UNIT NO. 97, AS RECORDED IN PLAT BOOK 7 PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 450 SQUARE FEET MORE OR LESS. GENERAL NOTES lIP.CC : POINT OF COMMENCEMENT 2) P.OB = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. : RANGE 6} RAN = RIGHT OF WAY PROFESSIONAL LAND SURVEYOR-FL REG # 2406 PUBLIC WORKS ENGINEERING DEPT. 7} ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF COLLIER COUNTY GOVERNMENT COMPLEX 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE 3301 EAST TAMIAMI TRAIL EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 NOT TO SCALE OCT. 14. 199~ IMRI00 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 69101 PARCEL NO ...................101 FOLIO NO..,.4.19 30 92 0.Q02 ...... Fee Simple IMMOKALEE ROAD EXISTING R3,W LINE TRACT 19 T--"U [47.05'1~ 4. 15' 100' R\W 350,01' 252.96' F--5~J,- PARCEL 101 ~ 300.01' TRACT 20 DESCRIPTION (PARCEL 101) THE NORTH SIXTY FIVE (65') FEET OF THE WEST 252,96 FEET OF THE EAST 302,96 FEET AND THE SOUTH FIFTEEN (15~ FEET OF THE NORTH SIXTY FIVE (65') FEET OF THE WEST 47.05 FEET OF TRACT 19, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 17,148 SQUARE FEET OR .394 ACRES MORE OR LESS. GENERAL NOTES 1) P,O.C, = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TVVP. = TOWNSHIP 5) RGE, = RANGE 6) R/W = RIGHT OF WAY GEORGE R RICHMOND PROFESSIONAL LAND SURVEYOR.FL REG ~ 2406 PUBLIC WORKS ENGINEERING DEPT 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES FLORIDA 34112 COLLIER COUNTY GOVERNMENT COMPLEX SHEET 1 OF 1 r88-? PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 } 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY IMMOKALEE ROAD (C.R. 846) -- ' --~e-~ 'Simple P.O.C. PARCEL 702[ I I PROJECT NO .......... 69101 PARCEL NO ............. 102 & 702 FOLIO NO--4~,930960004 ........ Ib~ PARCEL 102 : > 'I'RACI 21 LESS THE EAST 75' O Temporary Construction Easement 275.01' 75' DESCRIPTION PARCEL 102 THE NORTH 50 FEET OF THE EAST 225.01 FEET OF THE WEST 275.01 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES UNIT NO.97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 11,251 SQUARE FEET OR 0.258 ACRES MORE OR LESS. DESCRIPTION PARCEL 702 COMMENCE AT THE NORTHWEST CORNER OF TRACT 21 .OF THE PLAT THEREOF, GOLDEN GATE ESTATES UNIT NO. 97.~,S RECORDED IN PLAT 8OOK 7, PAGE 9~, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, THENCE EASTERLY ALONG THE NORTH LINE OF SAID TRACT 21 A DISTANCE OF 50 FEET; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF CAKES BOULEVARD A DISTANCE OF 90 FEET TO THE POINT OF BEGINNING, THENCE NORTHERLY ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 40 FEET; THENCE EASTERLY ALONG A LINE LYING 50 FEET SOUTH, AS MEASURED PERPENDICULAR TO, SAID NORTH LINE OF TRACT 21, A DISTANCE OF 40 FEET; THENCE SOUTHWESTERLY A DISTANCE OF 56.57 FEET TO THE POINT OF BEGINNING. CONTAINING 800 SQUARE FEET OR 0.018 ACRES MORE OR LESS. GENERAL NOTES 1) P,O.C. = POINT OF COMMENCEMENT 2) P.O.B, = POINT OF BEGINNING :3) SEC. = SECTION 4) TWP.= TOWNSHIP 5) RGE. = RANGE 6) RA&/= RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3~ol EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE I NOVEMBER2,1998 I IMR102 2._..__ _ PROFESSIONAL LAND SURVEYOR-FL REG # 2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX SHEET 1 OF 1 . PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 7?4-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .................. 69101 PARCEL NOS ....... 102A & 702A FOLIO NO..4.1.9.3.10 00002 ........ Fee Simple Temporary Construction Easement IMMOKALEE ROAD (C.R. 846) 100' R\W 75' EXISTING I~W UNE 10' / PARCEL 102A PARCEL 702A 40' EAST 75 FEET OF TRACT 21 DESCRIPTION (PARCEL 102A) THE NORTH FIFTY (507 FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3750 SQUARE FEET MORE OR LESS. DESCRIPTION (PARCEL 702A) THE SOUTH TEN (109 FEET OF THE NORTH SIXTY (607 FEET OF THE EAST FORTY (409 FEET OF THE EAST 75 FEET OF TRACT 21, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97. AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 400 SQUARE FEET MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P,O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 6) R/iN = RIGHT OF WAY PROFESSIONAL LAND SURVEYOR.FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPL 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 COLLIER COUNTY GOVERNMENT COMPLEX SHEET 1 OF 1 8r4-2 330] OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 PROJECT NO. 6o 1 PROJECT PARCEL NO. I!13 TAX PARCEL NO. _LEGAL DESCRIPTION (NOT A SURVEY) fee simple title TIlE NORTII FII"FY (50') FEET OF TRACT 22 OF TI IE PLAT TIIEREOF, GOLDEN GATE ESTATES.UNIT 97 AS RECORDED IN PLAT BOOK ?. PAGE 96, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY,FLORIDA. SAID TRACT CONTAINS 16500 SQUARE FEET OR .3?9 ACRES MOP, E OR LESS. PARCEL 103 EXHIBITl F~t'OFESSI(~'NAL LAND _JRV ff2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY C;OVERNN~ENT COUPLEX ,3.301 E TANllA[JI TFO~L NAPLES, FLORIDA .34112 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (9",1) 774-8192 .LEGAL DESCRIPTION PROJECT NO. [~OlOl PROJECT PARCEL NO. TAX PARCEL NO, ~lOqg~',nnn7 (NOT A SURVEY) tee .~impl~, t il [e TI IE NORTI 1 FIFI'Y (SLY) FEET OF TRACT 51 OF TI IE PLAT TI IEREOF, GOLDEN GATE ESTATES.UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96. OF TIlE PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA. SAID TRACT CONTAINS 165~} SQUARE FEET OR ,379 ACRES MORE OR LESS PARCEL EXHIBIT B '~--~> ~' df~ DATE: OFFICE OF CAmfAL PROJECTS COLLIER COUN~ GOVERNMENt COMPLEX 3301 E TAMIAMI TRAIL NAPLES. FLORIDA 54112 3301 OFFICE OF CAPITAL PROJECTS EAST TAIVlIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 34112 LEGAL DESCRIPTION PROJECT NO. PROJECT PARCEL NO. TAX PARCEL NO. (NOT A SURVEY) fe~, .~imple title TIlE NORTII FIFTY (50') FEET OF TRACT 70 OF TIlE PLAT TIIEREOF, GOLDEN GATE ESTATES,UNIT 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF TI PUBLIC RECORDS OF COLLIER COUNTY.FLORIDA. SAID TRACT CONTAINS 1650~ SQUARE FEET OR .2179 ACRES MOILE OR LESS. PARCEL "' '"" CE~GE R. RICHMOND PROFESSIONAL ~D SU~OR ~2406 OFFICE OF CAPITAL PROJFCTS COLLIER COUN~ GOVERNMENT COMPLEX ~301 E IAMIAMi TRAIL NAPLES, FLORIDA 34112 · '8B-2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS ........ 109 & 709 FOLIO NO...4...1..9...3...6.4..8.9 ~..0. ?. ........ EXISTING Fee Simple Temporary Construction Easement IMMOKALEE ROAD (C.R, 846) 100' R\W 330' LINE - -' ~, PARCEL 109 30' I 140' PARCEL 709 TRACT 91 DESCRIPTION (PARCEL 109) THE NORTH FIFTY (503 FEET OF TRACT 91, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS, DESCRIPTION (PARCEL 709) THE SOUTH THIRTY (30~ FEET OF THE NORTH 80 FEET OF THE EAST 140 FEET OF TRACT 91 OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 4200 SQUARE FEET OR .096 ACRES MORE OR LESS. GENERAL NOTES 1) P,O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PROFESSIONAL LAND SURVEYOR-FL REG ~ 2406 PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 NOT TO SCALE OCT. 16. 1~ IMR109 I SHEET1 OF1 '88-2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY Fee Simple PROJECT NO ............... 69101 PARCEL NOS..110 & 710 FOLIO NO,..4 ::t .9 319.60 0.0.7 ........ Temporary Construction Easement EXISTING IMMOKALEE ROAD (C.R. 846) 100' R~W 330' ' LiNE TRACT 110 DESCRIPTION (PARCEL 110) THE NORTH FIFTY (507 FEET OF TRACT 110, OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 16,500 SQUARE FEET OR .379 ACRES MORE OR LESS. DESCRIPTION (PARCEL 710) THE SOUTH 80 FEET OF THE NORTH 130 FEET OF THE EAST 40 FEET OF TRACT 110 OF THE PLAT THEREOF, GOLDEN GATE ESTATES, UNIT NO. 97 AS RECORDED IN PLAT BOOK 7, PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3200 SQUARE FEET OR .073 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P,O.B. = POINT OF BEGINNING 3) SEC. --- SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE I OCT l"J, 1~ IEXHIBIT ,~.,/ GEORGE R RICHMOND PROFESSIONAL ~ND SURVEYOR-FL REG 9 24~ PUBLIC WORKS ENGINEERING DE~T COLLIER COUN~ GOVERNMENT COMPLEX 3~1 EAST TAMIAMI TRAIL NAPLES fLORIDA ~112 IMRAY0 SHEET 1 OF 1 '8B-2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................. 69101 PARCEL NO .......... 711 FOLIO NO....4.].9.3 8.Q .1.Q 0D. 8 ....... Temporary Construction Easement IMMOKALEE ROAD C.R. 846 100° R\W P.E OUSL CO.VE ED PARCEL 711 ~ .... _!~$'__ ..... DESCRIPTION PARCEL 711 THE SOUTH 80 FEET OF THE NORTH 130 FEET OF THE WEST 165 FEET OF TRACT 111 OF THE PLAT THEREOF.GOLDEN GATE ESTATES, UNIT NO. 97, AS RECORDED IN PLAT BOOK 7. PAGE 96, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 13,200 SQUARE FEET OR 0.303 ACRES MORE OR LESS. GENERAL NOTES 1) P,O.C. = POINT OF COMMENCEMENT 2) P.O,B, = POINT OF BEGINNING 3) SEC. = SECTION 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE I Cc.? 71 ~o<~ ~ PROFESSIONAL LAND SURVEYOR.FL REG # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 330'~ EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 1 '8B-2 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (9,I 1) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO, 69]01 PROJECT PARCEL NO. 112 TAX PARCEL NO., 4 1041()40!)07 fee simple title TIlE NORTlt I:~Y) FEET OF TRACT I.~'! OF THE PLAT TltEREOF. GOLDEN GATE ESTATES.UNIT g7. AS RECORDED IN PI.AT BOOK 7. PAGE % OF TIlE PI;iii.lC7 RECORDS OF COLI. JER COUN~Ty. FLORIDA CONTAINING 0524 ACRE ¢22.8:t6 SQUARE FEET). MORE OR LESS PARCEL 112 GifJ~E R. RICHMOND PROFESSIONAL LAND SURVFL?,OR /F2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENr CO~PLEX 5301 E TAMIAMI 1RAIL NAPLES, FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS. 113 & 713 FOLIO NO....Q0.1.9500.0Q09 ...... Fee Simple Temporary Construction Easement 330.13' EXISTING R"~W LINE IMMOKALEE ROAD (C.R. 846) 100' R~W 330' -- ...... PARCEL 113 ~o 25'[ ./ I 50' 115' PARCEL 713 WEST 1/2, NORTHWEST 1/4, NORTHWEST 1/4, NORTHWEST 1/4 SEC.28,TWP. 49S, RGE. 26 E. DESCRIPTION (PARCEL 1 13) THE SOUTH FIFTY (50') FEET OF THE NORTH 150 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. CONTAINING 16,507 SQUARE FEET OR ,379 ACRES DESCRIPTION (PARCEL 713) THE SOUTH 25 FEET OF THE NORTH 175 OF THE WEST 50 FEET OF THE EAST 165 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1250 SQUARE FEET OR .029 ACRES GENERAL NOTES 1) P.O,C. - POINT OF COMMENCEMENT 2) P,O.B. =, POINT OF BEGINNING 3) SEC. = SECTION 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE OCT '~, PROFESSIONAL LAND SURVEYOR.FL REG # 240(; PUBLIC WORKS ENGINEERING DEPT COLLIER COUNTY GOVERNMEI,/,T COMPLEX 330! EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 '~'~ET 1 OF 1 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI 'I'RAIL NAPL[:'S, FLORIDA 3,1112 (9,$1) 77,1-8192 A.L A.. ESCRI~ PROJECI' ILO,_ PROJECT PARCEL TAX PARCEL HO. fee simple title TI IE SOUTI I FIFI-Y (5o') FEET OF TI IE NORT11 150 FEET OF T! IE EAST I IAI.F OF TI IE NOR'IIIWEST QUARTER OF TI iE NORTI BVEST QUARTER OF TI IE NORTI IV, rE. ST OUARTI2R OF SECTION 2x. TOX~, ,~SlllP 4g fiOITFI i, RANGE 26 EAST. COI.I.IER COUN"FY. FLORIDA CONTAINING 165o'/SQUARE FEET OR ?179 ACRES MORE OR LESS PARCEl. I PROFESSIONAL ~ND SURV~OR ~2406 OFFICE OF CAPIfAL PROJECTS COI.I.IEll COUHIY GOVO~NMEM~ COMPLEX 3301 E IAMIAMI ]RAIL HAPLES, FLORIDA 54112 8~-2 3301 OFFICE OF CAP[?AL PROJECTS F^Sr T^Ml^~v, TR^~L N^~)LFS. FLORID^ (04~) 774-~ _LEGAL OESCRIPTION (NOT A SURVg¥) PROJECT NO ..... PROJECT PARCEL HO. TAX PARCEL NO._ II5 fee simple title TIlE SOUTH FIFI'Y (50') FEET OF TIIE NORTII 150 FEET OF TIlE WEST IIALF OF TI IE NORTI EAST QUA RTER OF TI IE NoR'ri P,'dZST QUA RTER OF Tt IE NOItTI IWEST QUARTER OF SEC/IOS 2% TO%VNSIIIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CoN-rAINING 16507 SQUARE FEET OR 379 ACRES ~IORE OR LESS PARCEL 115 PROFESSIONAL ~ND SURV~OR #2406 OFFICE OF CAPITAL PROJECTS COI.LII:R COUN~ COVERN~,IENF COUPLEX 33U1 E 1At,IIAIJI 1RAIL NAPLES, FLORIDA 34112 330] OFFICE OF ClIPIT'AL PROJECT'S EAST TAMIAMI TRAIL NAPLES, FLORIDA (941) 77,1-8!92 5,1112 PROJECT PROJECT PARCEL NO. TAX PARCEL rio. ,LgGAI,. 0ESCRIPTION (NOT A SURVEY.) fee simple title Tt IF. SOUTt I FIFIY (50') FEET OF Ti IE NOR'ri I 150 FEET OF TI iE EA ST I iALF OF TI {E NORTI lEAST QUARTER OF 1'11E NORTI IWEST QUARTER OF TIlE NORTI IWEST QUARTER OF SECTION 2S. TOV~SIIIP 4F, $OUTII, RANGE 26 EAST, COLLIER COUN"TY, FLORIDA. CONTAINING 165117 SQUARE FEET OR 379 ACRES MORE OR LESS PARCEl. 116 o~ ~o PROFESSIONAL LAND SURVL?fOR #2406 OFFICE OF CAPITAL PROJECTS COI. LII:IJ COUNTY GOVEIJNMENr COMPLEX 5301 C 1AMIAMI 1NAIl. NAPLES, FLORIDA 34112 "8B-2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS ........ 117 & 717 FOLIO NO ..................................... EXISTING F~W LINE --' Fee Simple Temporary Con~,ction Easement IMMOKALEE ROAD (C.R. 846) 100' R\W PARCEL 117 ~, 45'-~"" 20' PARCEL 717 WEST 1/2, NORTHWEST 1/4 NORTHEAST 1/4, NORTHWEST 1/4 SEC. 28, TWP. 48S, RGE 26E. DESCRIPTION (PARCEL 117) THE SOUTH FIFTY (509 FEET OF THE NORTH 150 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 16,507 SQUARE FEET OR .379 ACRES DESCRIPTION (PARCEL 717) THE SOUTH TWENTY (20"J FEET OF THE NORTH 120 FEET OF THE WEST FORTY FIVE (459 OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26EAST, COLLIER COUNTY, FLORIDA. CONTAINING 900 SQUARE FEET OR .021 ACRES GENERAL NOTES 1) P,O,C, = POINT OF COMMENCEMENT 2) P,O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6} R/VV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE OCT. 18, 1 "'"EXHIBIT . · PROFESSIONAL LAND SURVEYOR.FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 IMR$17 ___[ SHEET 1 OF 1 3301 OFFICE OF CAPITAL PROJ£CTS FAS]' TAMIAMI TRAIL NAPI_ES, FLORIDA 54112 (941) 774-8192 ~ESCRIP~ PROJECT r,IO, PROJECT PARCEL NO. TAX PARCEL 140.~ fee simple title 1-} IE SOb'TH FIFTY (50') FEET OF TI IE NORTH 150 F'EET OF TI IE EAST HAI.F OF TI IE NORT} {WEST QUARTER OF TI IE NORTIIEAST QUA RTER OF TI [E NORT! IW[:ST QUARTER OF SECTION 2~, TOWNSIIIP 4~ SOUTII, RANGE 26 EAST. COLLIER COUN'I'Y, FLORIDA. CONTAINING 16507 SQUARE FEET OR .379 ACRES MORE OR LESS PARCEL 118 PROFESSIONAL LAND SURVEYOR //2406 OFFICE OF CAPITAL PRO,,'::CTS COI.LIgR COUN]Y COVERNMENr COMPLEX 5301 E 1AMIAMI 1RAIL NAPLES. FLORIDA 34~2 "88-2 3301 OFFICe; OP CAPI']'AL ?ROJEC']'S EAST TAMIAIvll TRAIL NAPI_ES, FLORIDA .34 112 (0,I 1) 774-8192 .LEGAL DESCRIPTIOH [NOT A SURVEY) PROJECt NO. ~ 9101 PROJECT PARCEL NO. /PO TAX PARCEL NO., fee simple title THE SOUTH FIFTY (50') FEET OF TIlE NORTI I 15¢) F'EET OF TIlE EAST IIAI.F OF TI IE NORT! lEAST QUARTER OF T! IE NOR'II IEAST QUARTER OF TI tE NORTI !WEST QUARTER OF SECTION 2g, TOWNSI lip 48 SOUTIt, RANGE 26 EAST, COLLIER COU,NFT'Y, FLORIDA. CONTAINING 16507 SQUARE EEET OR .379 ACRES ,MORE OR I.ESS PARCEl. 12¢! ON t rAND SURvEYoR #2406 O~f[CE 0F CAP~IAt P~OJ~CIS COLU[[~{ COUN]Y GOVK~{NMfN[ COMPLCX 3301 E I~,flAMI ]NAIL NAPLES. FLORIDA 34112 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO .............. 69101 P.OC. NORTH I14 COR,SEC. 28. TWP. 48S. RGE. 265. PARCEL NOS ......... 121 & 721 FOLIO NO ............. 00196320005 _),__ S riO' 16' 3? E 660 30' IMMOKALEE ROAD ~ 100' R\W [o TRACT "RVV" DEDICATED TO COLLIER COUNTY ~ ~ PLAT BOOK 28, PAGES 78.94. o~ -.':, ~O S 89' 16' 32" E 660,31' ~ ! N 87.~..,1~6~2' W TRACT "RVV" P O B PARCEL 721 ~__ _ / H89' 16'32"W 537.60 66031' EXISTINGR\W~ Y' 0'32'W 24300' ,.,. ' N 89'16' 32" w --'Yb.oo' 10.01' ~ P,O.B. PARCEL 121 500 · PARCEL 721 DESCRIP'IIONfPARCI~lol211 fee sim 1.~ t' COMMENCING AT TI IE XOR'n I OtJ,Utq~t CSRX[R ~ ~CTION 2g. TOWNSI lip 4X fiObffll. RANGE 26 EAST. COLI.IER COUNt', ~ORIDA; TIIENCE SOUTII I DEGREE 30 MINU~ES 47 SECONDS EAST. A DISTANCE OF 150.12 FEET; TIIENCE SO~I { 89 DEGREES 16 MINWFES ~2 SECONDS EAST. A DISTANCE OF 122.71 FEET TO TIIE POINT OF BEGINNING: TIIENCE CON%INUE fiO~ll g9 DEGREES 16 MINI~EES 32 SECONDS EAST. A DISTANCE OF 517 (~l' FEET; 'H IENCE fiO~'ll 01 DEGREES 31 MINUTES 1 ? SECONDS EAST A I)ISTANC~E OF lO ill FEET. ~IENCE NORTI{ ~9 DEGREES 16 NIINUTES SECONDS WEST. A DISTANCE OF 2')5 cfi EEET, TI IENCE NORTII f) DEGREES 43 MINI;'FES 2g SECONDS EAST. A DISTANCE OF 5 iai I:EET. TIIEN('E NORTII g9 DEGREES 16 MINIJTI~S 12 SECONDS WEST. A DISTANCE OF 24t hr} FEE'F; TI IENCE NORT[I O DEGREES 41 MIN[YI'ES 2~ SECONDS EAST. A DISTANCE OF .~0~1 FEET TO TItE POINT OF BEGINNING. SAIl) DES('RII1ED TRACT CONTAINING 0 09~, ACRE (4165 SQUARE FEET). MORE OR I.ESS. 20.02' DESCRllrFION fPARCI':I. 721 ) temporary cons t fuel: t on ea semen b COMMENCING AT TI IE NORTll OUAR'FER COR NF.R OF Sl'.'(Tl'lON 2X.TOWNSt lip 4x SOUTil, RANGE 26 EAST, COI.I.II!R COUNTY, FLORIDA, '['111:.NCF. SC)UTI I X') DEGREES IF, .MINiFI'ES ~2 SE('ONI).% EAST. AI.¢ING TIlE NORTI{ RIGIIT OF WAY LINE. OF IMMOKAI.EF. R¢iAI) lC R X46) A DISTANCE OF F,F,o If! Fl.:ET. TIIENCE SOIJTII l I)EGREE Fl I NIINI;TI..'S 17 SECONDS EAs'r; A DISTANCE Of: 160 1 ~ I:EET TO TI tE POINT OF I]EGINN[NG, TllENCI-: CONTINUING SOUI'II Al.CNG SAIl) I.INI'.'. A DISTANCE OF 2n o2 EI:.I:.T. TI IF.N('E NORTI{ 89 I)I-:GREI:.S lfl MI NU'FES 32 SECONDS WEST. A DI.~TANCE OF I lo OB FEF. T. TI IENCE NOR'FI I~ DEGREES 43 MINUTES 2R SECONDS EAST. A DISTANCE OI: 20 nO I:I'~ET, TI IENCE SOUTll S9 DEGREES 16 M[NU'rES t2 SF.('ONDS EAST. A DISTANCI:. OF I H! ~0 FEET TO TI [E POINT OF IIEGINNING. SAID DF. SCRIIH.iD 'I'RAf-F CON'FA NING O{ 51 ACRES 122{1(1 SQUARE I:EETL MORE Oil I.E.c,S GENERAL NOTES 1) P,O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) ROE, = RANGE 6) RAh/= RIGHT OF WAY ?) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WIT[ t TI IE EMBOSSED SEAL OF A PROFESSIONAL LAND SUF~VEYOR HOT TO ~,CAL 0£C lB. 1998 ""'~'E X H BIT v~IcPARED BY..:..:./ - ', ' -''.~/ / OEORGER RICHMOND PROFESSIOIqAL 'J,.t,lD SURVEYOR.FL REG# 2'"06 PUBLIC WORKS ENOIHEERING DEPT. COLLIER COUNTY GOVERNMEI,,IT CO,'J, PLEX 3301 EAST TAMIAMI TRAIL N^f'LES FLORIDA 34112 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941 ) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ................ 69101 PARCEL NOS.122,722 & 722A FOLIO NO.. 0.0..1.9..4 B. 0 O. 0 0.6 ........ NORTHEAST CORNER SEC. 28. TWP. 48,PGE. 26E COLLIER COUNTY, FLORIDA. IMMOKALEE ROAD C.R. 846 (100' R\W) N 89' 16'32" W J~ 15, PARCEL 122 591.54' 10' \ j~ 352.35' [~__ __J20' PARCEL 722A -- PARCEL 7228 Fee Simple DESCRIPTION PARCEL 122: THE SOUTH 65 FEET OF THE NORTH 165 FEET OF THE WEST 352.56 FEET OF THE EAST 1980.89 FEET; AND THE SOUTH 50 FEET OF THE NORTH 150 FEET OF THE WEST 591.54 FEET OF THE EAST 1628.33 FEET; AND THE SOUTH 60 FEET OF THE NORTH 160 FEET OF THE WEST 961.79 FEET OF THE EAST 1036.79 FEET; AND THE SOUTH 50 FEET OF THE EAST 75 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA, CONTAINING 113,951 SQUARE FEET OR 2.616 ACRES MORE OR LESS. DESCRIPTION PARCEL 722A Temporary Construction Easement THE SOUTH 55 FEET OF THE NORTH 205 FEET OF THE WEST 170 FEET OF THE EAST 1628.33 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 9350 SQUARE FEET OR .215 ACRES. DESCRIPTION PARCEL 7228 Temporary Construction Easement THE SOUTH 20 FEET OF THE NORTH 170 FEET OF THE WEST 134 FEET OF THE EAST 684.44 FEET OF THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY,FLORIDA. CONTAINING 2660 SQUARE FEET OR .062 ACRES. GENERAL NOTES 1) P.O.O. = POINT OF COMMENCEMENT 2) P.O.B. ,.. POINT OF BEGINNING 3) SEC. ,- SECTION 4) TWP. = TOWNSHIP 5) RGE.= RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE OCT. 19, 1998 COLLIER COUNTY GOVERNMENT COMPLEX ;~301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 IMm22 J SHEET 1 OF 1 PROFESSIONAL LAND SURVEYOR.FL REG. # 2406 PUBLIC WORKS ENGINEERING DEPT. -2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY NORTHWEST CORNER SEC. 27, TWP.48S, ROE 26E COLLIER COUNTY FLORIDA PROJECT NO ............... 69101 PARCEL NOS ................. 723 FOLIO NO....0Q3.9.4250.008 ...... Temporary Construction Easement IMMOKALEE ROAD (C.R. 846) 100° R\W 660.22' 50' R~W PREVIOUSLY CONVEYED OR. BOOK 1626, PAGE 1060 281.14' -~-~-----~ ~T~-' /. 50' 10" PARCEL 723 DESCRIPTION PARCEL 723 THE SOUTH 10 FEET OF THE NORTH 160 FEET OF THE EAST 50 FEET OF THE WEST 3:31,14 FEET OF SECTION 27, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 500 SQUARE FEET OF .011 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TVVP. = TOWNSHIP 5) RGE. = RANGE 6) RAN = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NOT TO SCALE OCT. 19. 1998 '/GEORGE R, RICHMONO PROFESSIONAL LAND SURVEYOR.FL REG # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 FAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 SHEET 1 OF 1 8B-2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS ......... 124 & 724 FOLIO NO ..................................... Fee Simple Temporary Construction Easement IMMOKALEE ROAD (C,R. 846) 100' R~W 660.22' PARCEL 124 PARCEL 724 $0' DESCRIPTION PARCEL 124 ' THE SOUTH 50 FEET OF THE NORTH 150 FEET OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST OUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 33.011 SQUARE FEET OR 358 ACRES MORE OR LESS. DESCRIPTION PARCEL 724 THE SOUTH 25 FEET OF THE NORTH 175 FEET OF THE WEST 50 FEET OF THE EAST 176.86 FEET OF THE EAST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 27. TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA. CONTAINING 1250 SQUARE FEET OF .029 ACRES MORE OR LESS. GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT / ..~ '/// ,/ 3) SEC. = SECTION /GEORGE R RICHMOND 4) TVVP. = TOWNSHIP ' 5) RGE. = RANGE PROFESSIONAL LAND SURVEYOR.FL REG # 2406 6) RAN = RIGHT OF WAY PUBUC WORKS ENGINEERING DEPT. 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR NAPLES, FLORIDA 34112 NOT TO SCALE OCT. 19, 1998 IMR124 SHEET 1 OF 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY PROJECT NO ............... 69101 PARCEL NOS..127A, 727A,127B, 727B FOLIO NO.... 0.Q .1 $.4.7.2.1.2 O.8 ...... 00194721402 Fee Simple Temporary Construction Easement IMMOKALEE ROAD C.R. 846 100' R\W 1162.26' TRACT "R-2" : (P.B. 30.PGS 4-12) 340' I°"i~ARCEL 127A/ 3o'---!; 30" TRACT 5 PARCEL 727A DESCRIPTION TRACT 127A 1) P.O.C. = POINT OF COMMENCEMENT 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) R/W = RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 6) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR 1298.96' 80' ]' TRACT"R-I" ] IJJ :10' / ~ 10' ]! (P.B. 30.PGS4-12) ~.] PARCEL 127BI o ! uJ PARCEL 727B o~ ~1o' / O ~ TRACT 8 n-(.> THE NORTH 10 FEET OF THE EAST 340 FEET OF TRACT 5, OF THE PLAT THEREOF PEBBLEBROOKE LAKES, AS RECORDED IN PLAT BOOK 30, PAGES 4-12, OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 3400 SQUARE FEET OR ,078 ACRES. DESCRIPTION TRACT 727A THE SOUTH 30 FEET OF THE NORTH 40 FEET OF THE EAST 30 FEET OF TRACT 5, OF THE PLAT THEREOF, PEBBLEBROOKE LAKES. AS RECORDED IN PLAT BOOK 30, PAGES 4-12, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 900 SQUARE FEET OR .021 ACRES. DESCRIPTION TRACT 127B THE NORTH 10 FEET OF THE WEST 10 FEET OF TRACT 8, OF THE PLAT THEREOF PEBBLEBROOKE LAKES, AS RECORDED IN PLAT BOOK 30, PAGES 4-12, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 100 SQUARE FEET OR .002 ACRES. DESCRIPTION TRACT 727B THE SOUTH 30 FEET OF THE NORTH 40 FEET OF THE WEST 10 FEET OF TRACT 8, OF THE PLAT THEREOF. PEBBLEBROOKE LAKES, AS RECORDED IN PLAT BOOK 30, PAGES 4-12, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. CONTAINING 300 SQUARE FEET OR .007 ACRES. ~- I~ :_j ~ GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR,FL REG # 2406 PUBLIC WORKS ENGINEERING DEPT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NOT TO SCALE OCT. 20, 1998 IMR127A NAPLES, FLORIDA 34112 SHEET1 OF1 'SB- PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION ~NOT A SURVEY) PROJECT NO ............... 69101 PARCEL NO ................. 127C1 FOLIO NO..,0.Q .1.9.3 It ~1.(] Q 0.9 ..... Fee Simple CO.%INIENCING AT TIlE NORTIIEAST CORNER OF SECTION 27. TOWNSIIIP 4g SOUTII. RANGE 26 EAST. COLLIER COUNTY. FLORIDA; TIIENCE ALONG TIlE EAST LINE OF SAID SECTION 27 SOUTIt I DEGREE 2~¢ ~IINUTES 41 SECONDS EAST. A DISTANCE OF 150.12 FEETs THENCE NORTit g9 DEGREES 10 ~IINUTES 56 SECONDS WEST. A DISTANCE OF 1(~}. 13 FEET TO Tile POINT OF BEGINNING; TIIENCE ALONG A LINE LYING 160 FEET WEST. AS NIEASURED PERPENDICULAR TO, SAID EAST LINE OF SECTION 27 SOUTH I DEGREE 2g NIINUTES 41 SECONDS EAST. A DISTANCE OF 50.00 FEET; THENCE NORlll 5'7 DEGREES 49 MINUTES 50 SECONDS WEST. A DISTANCE OF 96.02 FEETs THENCE ALONG A LINE LYING 150 FEET SOUTII. AS NiEASURED PERPENDICULAR TO. TIlE NORTtl LINE OF AFORESAID SECTION 27 SOUTtt g9 DEGREES 10 MINUTES 36 SECONDS EAST. A DISTANCE OF g0.O0 FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.046 ACRE (I .99g SQUARE FEET). MORE OR LESS. BASIS OFBEARINGS IS TIlE EAST LINE OF SAID SECTION 21 BEING SOUTII O l DEGREES 2g MINUTES 41 SECONDS EAST. PARCEL IR127CI PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAM'. TRAIL NAPLES, FLORIDA 34112 SHEET 1 OF 2 OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 SKETCH OF DESCRIPTION Sec. 26 ~ / 100.08' ,/-~- 100.08" P.B,B,~ 57°00° fl, Line N.W. I/4/ Sec, 26 PARCEL 128 GENERAL NOTES 1) P,B.C. 'indicotes Point oF Commencement 2) P.D,B. indicates Point oF ]Jeglnning 3' Sec. indicates Section 4) Twp. Indicates Township 5) Rge, i~dicates Range 6) R/W indicates Right-oF-way 7) Att dlstonces ore in Feet and decimals ¢hereoF 8) ~¢sis o¢ ~eorings is the NotCh R/~ Une oF ]~ok~tee Road being 2.89'16']8'E, 9) Nor vrtid untess signed 6nd seGt oF %he proPessionot tGnd surveyor THIS IS ONLY A SK~CH SCALE 06-02-97 PR-128 SHEET 2 OF 2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 88-2 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO ........ ~_-:....?./....~../. ............... PARCEL NO ............. .7...,~..~... FOL'O NO ....... temporary construction easement COMMENCING AT 'FILE NORTIIWEST CORNER OF SECTION 26. TOWNSHIP 48 SOUTtl. RANGE 26 EAST. COLLIER COIJN~FY. FLORIDA; TIIENCE SOUTII 89 DEGREES 16 MINUTES 18 SECONDS EAST. ALONG TIlE NORTH I.INE OF SAID SECTION 26. DISTANCE OF 30fi. Ix} FEET: THENCE SOUTII fl DEGREES 43 MINUTES 42 SECONDS WEST. A DISTANCE OF 126.41 FEET TO TIlE POIN'T OF BEGINNING; TtIENCE NORTll 87 DEGREES 37 MINUTES 111 SECONDS EAST. A DISTANCE OF 26 tit) FEET; TIIENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS EAST. A DISTANCE OF 723 (~l FEET; TtfENCE NORTll 85 DEGREES 32 MINUTES I I SECONDS EAST. A DISTANCE OF 27625 FEET; THENCE SOUTH I DEGREE 34 MINUTES 27 SECONDS EAST A DISTANCE OF 3803 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS WEST A DISTANCE OF 426.02 FEET; TIIENCE SOUTII 0 DEGREES 43 MINUTES 42 SECONDS WEST A DISTANCE OF .':19.1x1 FEET; TltENCE NORTH 89 DEGREES 16 MINUTES 18 SECONDS WEST A DISTANCE OF 51298 FEET; TIIENCE SOUTH .18 DEGREES 48 MINLFFES 114 SECONDS WEST A DISTANCE OF 500<1 FEET; TIIENCE NORTll 89 DEGREES 16 MINUTES 18 SECONDS WEST A DISTANCE OF 50 0<1 FEET; THENCE NOR'I'll 0 DEGREES 4.1 MINUTES 42 SECONDS EAST A DISTANCE OF64.78 FEET; THENCE SOUTH 89 DEGREES 16 MINUTES 18 SECONDS WEST A DISTANCE OF 5402 FEET. THENCE NORTII 0 DEGREES 4"¢ MINUTES 42 SECONDS EAST A DISTANCE OF 17.&6 FEET; TIIENCE NORTII 87 DEGREES 37 MINUTES 111 SECONDS EAS"I A DISTANCE OF 54J18 FEET TO TIlE POINT OF BEGINNING; SAIl) DESCRIBED TRACT CON"FAINING 0,~18 ACRE (4.1.466 SQUARE FEET). ,MORE OR LESS. BASIS OF BEARINGS IS TIlE NORTll LINE OF SECTION 26 BEING S 89°16'18' E. PARCEl. 728 ' :, EXHIBIT ,A- PREPARED BY..>..:.Z.~..:../.(f~.~.3, ..... L-'~' "/f'/'""DATE.-(. g · GEORGE R. RICHMOND PROFE881ONAL LAND SURVEYOR-FL. REG. # 2406 PUBLIC WORKS ENGINEERING DEPARTMENT. COLLIER COUNTY GOVERNMENT COMPLEX 2,301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3"112 SHEET 1 OF 2 7E8 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY :[. P.O.C. N W. CORNER SEC 2~. I TV'IP 48S,RGE 2~E f IMMOKALEE ROAD (C.R.846) .'. ........................[ 1~4~ .... ~.~ ~l . ~ PARCEL 128 . GENERAL NOTES 1) P.O.C. = POINT OF COMMENCEMENT :2) PO B ~ POINT OF BEGINNING 3) SEC. = SECTION 4) TWP. = TOWNSHIP 5) RGE. = RANGE 6) RNV = RIGHT OF WAY 7) ALL DISTA~dCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR ; c~.~,, B. c~c~o ~ ~c^~ ~NOT TO SCALE DECEMBER 16, 1998 IM728 SHEET 2 OF 2 . :. 8B-2' PROJECT NO. 69101 PROJECT PARCEL NO. 729 FOLIO NO. ,I 1939520005 L E_g_~G_A_g_~E T (NOT A SURVEY) THE SOUTH THIRTY (30) FEET OF THE NORTH EIGHTY (80) FEET OF THE EAST FORTY (40) FEET OF THE WEST 166 FEET OF TRACT 130, GOLDEN GATE ESTATES UNIT NO. 97, ACCORDING TO THE PLAT THEREOF. RECORDED IN PLAT BOOK 7, PAGE 96, OF TFIE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA (Containing 1,200 square leer, or 0.028 acres, more or less.) temporary construction easement ~- ....... g.,",,!C-'.l.L E E R O~,D PlGH ? 4D¢ WA'~ ( I '.,0 F [ E f } ........ , WEST LINF. TRACT TRACT i 30 NI ~-- EAST LI:,E, TRACT 130 / ~//~- -!/ / .. / J ~... ~-..;,,....~L..:.~:, ~.~... ,¢... GEORGE R. RICHMOND PL S.. 2~ Pusuc WO,KS E.S~N~,~S D~. COLLIER COUNW GOVERNMENT COMPLEX 3~1 EAST TAMIAMI TRA~L NAPLES. FLORIDA ~112 SKEfCH NOT TO SCALE "":' 88-2 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY POC t~THEAST CORI~R SE CTIC~ 27 ....... TOVW,I~eP ,~ SOUTH ~E 2~ EAST IMMOKALEE ROAD I E~Sr Lf~E ~:C1*ION 27 ~ ~- GENERAL NOTES I} P.O C. = POINT OF COMMENCEMENT 2) PO.B.. POINT OF BEGINNING 3) SEC. = SECTION ,4) TWP. = TOWNSHIP 5) RGE = RANGE 6) RAN :,, RIGHT OF WAY 7) ALL DISTANCES ARE IN FEET At,ID DECIMALS THEREOF [ 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE SHEET 2 OF 2 ... :,., -8B-2 5301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 77,1-8192 PROJECT NO. ¢,g 10 ! PROJECT PARCEL NO.~ TAX PARCEL NO.~ SKETCH OF LEGAL DESCRIPTION (N~OT A SURVEY~ fee simple title COMMENCING AT TIlE NORTI IWEST CORNER OF SECTION 20 TOWNSIIIP 48 ~OLITI I RANGE 26 EAST, COLLIER COUNTY, FLORIDA ALSO LYING ON TI IE NORTI I RIGI IT OF WAY LINE OF IMMOKALEE ROAD (C. ILIN6); TIIENCE SOUTII 89 DEGREES 16 MINLrl'ES 18 SECONDS EAST ALONG SAID NORTII RIGtFr OF WAY LINE A DISTANCE OF 100.08 FEET; TItENCE SOUTII I DEGREE 33 MINUTES 36 SECONDS EAST, A DISTANCE OF I00.08 FEET TO Title SOUTtl RIGIIT OF WAY LINE OF IMMOKALEE ROAD AND TIlE POINT OF BEGINNING; T11ENCE SOUlll 89 DEGREES 16 MINUTES 18 SECONDS EAST ALONG SAID SOUTtl RIGItT OF WAY LINE A DISTANCE OF 1220,60 FEET; TIIENCE SOUTII 85 DEGREES 32 MINUTES I I SECONDS WEST, A DISTANCE OF 276.25 FEET; TIIENCE NORTtl 1~9 DEGREES 16 MINUTES 18 SECONDS -WEST, A DISTANCE OF 723.60 FEET; TItENCE SOUTtt Sl DEGREES 37 MINUTES I0 SECONDS WEST, A DISTANCE OF 220.73 FEET TO TIlE EAST RIGHT OF WAY LINE O~F A IO0 FOOT CANAL EASEMENT; TIIENCE NORTIi I DEGREE 33 MINUTES 4 I SECONDS WEST ALONG SAID EAST LINE OF TI IE 100 FOOT CANAL EASEMENT A DISTANCE OF 37.00 FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.652 ACRE (2/I,384 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS TIlE SO UTI I RIGIIT OF WAY LINE OF IMMOKALEE ROAD BEING SOUTII 89 DEGREES 16 MINUTES III SECONDS WEST. PARCEL 128 Pi~OFESSIONAL LAND SURVEYOR J/2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3301 F. TAMIAMI TRAIl_ NA~_E_~FLORIDA 34112 GORDON RIVER EXTENSION BASIN STUDY AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 1 to the Agreement dated April 7, 1998 (hereinafter referred '-ill to as the "AGREEMENT")is made and entered into this:':~.¢~,.,:, day of .__"~-'t¢\Ld-/~q , 19 (-/ ('x.., 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 Wilson, Miller, Barton, Peek, Inc., authorized to do business in the State of Florida, whose business address is 3200 Bailey Lane, Suite 200, Naples, Florida 34105-8507 (hereinafter referred to as the "CONSULTANT"). WlTNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Gordon River Extension Basin Study (hereinafter referred to as the "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications (expansion of the project limits to the south, due to a request from the City of Naples) to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: 88-4 ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional Engineering, Surveying, and Environmental 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. 1.3 Section 3.1 (Page 6) of the Agreement shall be amended to read as follows: However, the PROJECT Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever unless approved, in advance, by the County Administrator or his designee: (a) The time the CONSULTANT is obligated to commence and complete all such services; or (b) The amount of compensation the OWNER is obligated or committed to pay the CONSULTANT provided that the change (or the sum of the changes) amounts to 10 percent or less, of the current Board approved amount and does not exceed $50,000. 1.4 Section B.2 of Schedule B, Basis of Compensation (Page 30) of the AGREEMENT shall be amended to read as follows: The time and reimbursable cost sum figures on Exhibit B shall not be exceeded without a change in the scope of the PROJECT being approved by the County Administrator or his designee. 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 PROJECT will remain unchanged. 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 Gordon River Basin Study the day and year first written above. ATTEST: (As to Chairman) Dwight E..Brock, Clerk. Approve8 as to form a~. ~e~l Sufficiency: Assistant County'A~orney Witness ~ BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA , By: /,',/,;? J' Pamela ,g. ,IacKie,CAaJ-~/ o' By: Wilson, MiJler;~rton, Peek, Inc. Fermin A. Diaz, Exec.uti'~e Vice ~/~ident (CORPORATE SEAL) 8B PROJECT: EXtlIBIT A- SCOI'E OF ~ERVICES Gordon River Extension Basin Study Phase III DATE: December 8. 1998 St, Icmcntal Atzrccmcnt No. I PARAGRAPtt SERVICE 4.1. Mapping Additional Services 4.1.1. In accordance with Assumption _..~, Wilson Miller will obtain a cop.',' of the Sections 34 and 35. Township 49 South. Range 25 digital map from the Collier County l'ropcrty Appraiser's Office. Wilson Miller ,,,,'ill gee-reference and edge- match thc additional parcel maps. 4.2. Surveying Additional Services 4.2.1. \Vilson Miller will survey thc existing storm sewer trunk linc running on the west side of Goodlette-Frank Road £rom Flcischmann Boulevard south to thc beginning of thc trunk line across from tire City of Naples Public Safety Building and including tlre existing 72" outfall across Goodlette-Frank Road near Broad Avenue South. W.M shall provide survey data regarding existing pipe sizes. inverts, top of grate and edge o1' pavement elevations at each lrtmk line junction box or manhole. The County shall assist Wilson Miller by providing access to the drainage structures. 4.2.2. Wilson Miller will incorporate the expanded basin area into the Basin Boundary Delineation Map that will be prepared in accordance with Section 3 of the Scope of Services of the Agreement. 4....~. No additional cross sections 4.3. Additional Basin Related Research and Inlbrmation Collection 4.4. 4.3.1. \Vilson Miller ,.,.'ill collect available intbrmation as described in Section I of tire Scope of Services of thc Agreement for existing developments within tire expanded basin area described in F~xhibit I. Secure new 1:24000 scale black and white aerial photography. Scan 1000 DPl and gcorcfcrcncc to control coordinates provided by Wilson. Miller. Barton & Peck. Inc. Provide three (3) image files in TFWfl'IFF format on CD-ROM. Rcfcr to thc attached letter from Aerial Can. ographics of America, Inc. dated June 18, 1998 incoporated herein Exhibit A. Scope of Services Page 2 Gordon River Extension Basin Study Area Supplemental Agreement No. 1 for an explanation of thc aerial photography services to be provided in accordance with the scope of work described in Item B. 4.5. Deliverables 4.5.1. No additional deliverables ,,,,'ill be produced for the additional services referenced herein. Thc work products ,,`.'ill be incorporated into thc deliverables defined in Section 4 of thc Scope of Services of the Agreement. 4.6. Reimbursable F. xpcnscs No additional reimbursable expenses are anticipated. 4.7. Excluded Services The professional services that Wilson Miller will provide under this l'roposal/Agreemcnt include, and arc limited to. those described above in Scclion 4.0. SCOPF~ OV SER. VICF-S. All other services are specifically excluded, l.isled below are excluded services which may be required or desired for the Project: 4.7.1. Materials testing. 4.7.2. Geotechnical services, l-lydrogcological services, ltazardous waste assessments. 4.7.3. Review ol'abstract oftitle. 4.7.4. Subdivision plans. 4.7.5. l'lat preparation. 8[3 EXtlIIilT I1 - FEES PROJECT: (}ordon Rix'er l'~xtension Basin .qtudx' l~hase I11 I)ATE: I)cccmbcr 8. 1998 .~u_.kLp2lemental Aurcement No. I PARAGI{API i SEI{VICE Nlapping Additional Scrx'iccs FEE Tx/PE FIXED FEE OR ESTIMATED A?,IOUNT 4. I T/M/E S620 4.2 Surveying Additional Services T/M/E S8.840 4.3 Additional Basin Research and lnl'ormation T/M/E $3.915 Collection 4.4 New 1:24000 digital aerial photography Fixed $3.125 Total Additional T/M/['~ fees $16.500 June 18,1998 Mr. Steven Ries GIS Manager WILSON, MILLER, BARTON & PEEK 3200 Bailey Lane @ Airport Road, Suite 200 Naples, FL 34105 Subject: Gordon River Basin Imagery ACA Proposal #9614 Dear Mr, Ries: Pursuant to your request for digital raster imagery for the above mentioned project, please find Aerial Cartographics of America's proposed scope of work and related fees. Project Limits: -'~ '2.~ Township 49S, Range 25, Sections 2 3 ~S~_o_pp of Work: A) Utilize existing 1:24000 scale black and v,,h,le photography secured on 10/21/96. Scan ~000 DPI and gee-reference to existing TFWfTIFF ,magery provided by Wilson, Miller, Barton & Peek Provide three (3) image files in TFW/TIFF format on CD-ROM. B) Secure new 1:24000 scale black anc while aerial photography. Scan 1000 DPI and goo- reference to control coordinates provided by Wdson, Miller, Barton & Peek. Provide !hree (3) image files in TFW/TIFF format on CD-ROM Foe Schedule: Item A: One thousand, two hundred and seventy dollars ................... S1,270.00 Item B: Three thousand, one hundred and thirty-five do lars ............... $3,125.00 ~ =¢¢' We appreciate the oppodunity of submitting ¢~s pro;)os;ll and look forward to working with yo.~ project Very truly yours, AERIAL CARTOGRAPHICS OF AMERICA, INC. Stev(;n Kuda, P.S.M. V~ce. President AGREEMENTFOR SALE AND PURCHASE THIS AGREEMENT is made and entered into by and between WILLIAM SCHWEIKHARDT, AS TRUSTEE, under Land Trust No. 5197, with full power and authority either to protect, conserve and to sell or to lease or to encumber or otherwise manage and dispose of the real properly described herein, (hereinafter referred to as "Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real properly (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as: SEE ATTACHED EXHIBIT "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. WHEREAS, Purchaser is desirous of purchasing the Properly, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set fodh and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMEN~ 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OFPUROHASE PRICE 2.01 The purchase price (the "PURCHASE PRICE") for the Property shall be FIVE MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($5,250,000). Notwithstanding anything to the contrary herein, the PURCHASE PRICE shall not be less than FIVE MILLION TWO HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS (S5,250,000). The PURCHASE PRICE shall be paid in U. S. Currency and shall be payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held after January 31, 1999, following execution of this Agreement by the Purchaser but not later than April 30, 1999, unless extended by mutual written agreement of the parties hereto. The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 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 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: 3.0111 Warranty Deed in favor of Purchaser conveying title to the Propertyl free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Cedification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.012 At the Closing, the Purchaser, or its assignee, shall deliver to the Seller the following: 3.0121 A cashier's check drawn on a bank with an office in Collier County, Florida, or a County Warrant issued by Purchaser, in an amount equal to the PURCHASE PRICE. No funds shall be disbursed to Seller until the Collier County Title Company, herein called the "Title Company" verifies that the state of the title to the Properly has not changed adversely since the date of the last endorsement to the title insurance commitment, referenced in Section 4.011 hereto, 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. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Adicle 111 hereof, shall be subject to adjustment for prorations as hereinafter set fodh. 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 on the transaction in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Title Insurance Policy, issued pursuant to the Commitment provided for in Section 4.011 below shall be paid by Purchaser. The cost of the title commitment shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller. 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 millage. IV. R IR NT A D N I I N 4.01 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; 4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title, an ALTA Commitment (1966) for an Owner's Title Insurance Policy covering the Property, issued by a title insurance company selected by the Purchaser. Purchaser shall have thirty (30) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. If Purchaser is not satisfied, for any reason whatsoever, with the results of the title commitment, Purchaser shall deliver to the Seller written notice of its intention to waive the applicable contingencies or to terminate this Agreement. 4.012 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. If any objections to title exists, and upon notification of Purchaser's intention to waive the applicable contingencies, 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 time period, Purchaser, by providing written notice to Seller within two (2) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection: or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to purchase the Property in accordance with this Agreement. 4.013 Purchaser shall have the option, at its own expense, obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. APPeAl A~ 5.01 Purchaser shall have ninety (90) days from the date of this Agreement (Appraisal Period), to obtain two (2) independent appraisals in order to determine the value of the Property pursuant to the requirements of Florida Statutes 125.355. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of the independent appraisals, Purchaser shall deliver to the Seller within thirty (30) days from the expiration of the Appraisal Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein, it shall be deemed that the Purchaser is satisfied with the results of its investigation and the contingencies of this Adicle V shall be deemed waived. In the event Purchaser elects to terminate this Agreement copies of the appraisal reports shall be furnished to the Seller. 5.03 Seller acknowledges that if the agreed PURCHASE PRICE stated in Paragraph 2.01 exceeds the average of the two (2) independent appraisals, the Purchaser is required to approve the purchase by an extraordinary vote. VI. N P TI P 6.01 Purchaser shall have one hundred twenty (120) days from the date of this Agreement, ("inspection Period"), to determine through appropriate investigation thai: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Properly is free from any pollution or contamination. 4. The property can be utilized for its intended purpose. 6.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing rosults commissioned by Purchaser with respect to the Property. UUJ. 6.03 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 indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. 7.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. 8.01 Purchaser shall be entitled to full possession of the Property at Closing. IX. PRORATIONS 9.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1997 taxes, and shall be paid by Seller. X. TERMINATION AND REMEDIES 10.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within fifteen (15) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 10.02 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 remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon Fifty Thousand Dollars ($50,000.00) shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any fudher liability or obligation to the other except as set fodh in paragraph 13.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncedain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 10.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 10.04 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 padies, and take into account the peculiar risks and expenses of each of the parties. Xl. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 11.01 Seller and Purchaser represent and warrant the following: 11.01 lA Seller is the owner of the Property in fee simple. 11.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undedake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 11.012 Seller has full right, power, and authority to own and operate the Property, and 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 necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 11.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Properly shall not be deemed to be full performance and discharge of every agreement and obligation on the pad of the Seller to be performed pursuant to the provisions of this Agreement. 11.014 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. 11.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 11.016 Until the date fixed for Closing, so long as this Agreement remains in 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 rights with respect to the Properly or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 11.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system. Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Selter represents the Properly has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are 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 they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents 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. 11.018 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 or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention 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. 11.019 There are no unrecorded restrictions, easements o~ rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there 8C1 are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 11.020 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. 11.021 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 from 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 wou!d change the zoning or physical condition of the Properly 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. 11.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasseding the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 11.023 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, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 11.024 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. 12.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Depadment Administration Building 3301 Tamiami Trail East Naples, Florida 34112 With a copy to: Heidi F. Ashton, Assistant County Attorney Office of the Counb) Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: William Schweikhardt, Trustee 900 6~' Avenue South Naples, Florida 34102 12.02 The addressees and addresses for the purpose of this Adicle 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 oi' 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. Xlll. REAL ESTATE BROKERS 13.01 Any and all brokerage commissions or fees 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 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 or fees at closing pursuant to the terms of a separate agreement, if any. XlV. MISCELLANEOUS 14.01 This Agreement may be executed in any manner of counterpads which together shall constitute the agreement of the padies. 14.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 14.03 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. 14.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 14.05 All terms 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. 14.06 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. 14.07 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. 14.08 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. 14.09 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 '8Cl general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 14.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. 14.11 All references herein to the date of this Agreement shall mean the date that it is delivered to Seller after it has been executed by Purchaser. 14.12 Purchaser is notified that RICHARD L. JAEGER is a registered Real Estate Broker and that VAN L. SWIFT and EDWIN HEDLUND are registered real estate salespersons. Each has a beneficial interest in land trust 5197. 14.13 Within thirty(30) days following the date of this agreement, Purchaser shall contact the record owners of Tax Parcels 49, 53, 55, 58 and 66 in Section 30, Township 48 South, Range 26 East, Collier County, FL and shall present an agreement for sale and purchase at a price determined by Purchaser for consideration by the record owners. Any and all Agreements for Sale and Purchase shall be contingent upon approval by the Collier County Board of County Commissioners. XV. ~ 15.01 This Agreement and the exhibits attached hereto contain the entire agreement between the padies, 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. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. This Agreement shall terminate and be null and void if not executed by Purchaser and returned to Seller on or before 5:00PM EST January 30, 1999. IN WITNESS WHEREOF, the padies hereto set fodh their hands seals. Dated Project/Acquisition Approved by BCC: P R HA DATED:; ATTEST: J'~WIGHT E BROCKi Clerk , , Deputy Clerk Approved as (o form and legal sufficiency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS C OLL~?.~O~ ~, DA //~-- WITNEssES: /,, , FI RST ~W~IIN ES,S (Si§nature) 7// ' _i-'--- S E¢ON D'ANITN ES S (Sigkff~tu re) (Print Name) "¥¢ILLIAM SCHWEI KHARDT, TRUSTEE 8C1 EXHIBIT "a" Parcel 1: The East (E) Y2 of the Nodheast (NE) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 2: The East (E) ¼ of the Southwest (SW) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 3: The West (W) ¼ of the Southwest (SW) ¼ of the Southeast (SE) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 4: That portion of the East (E) Y2 of the Southwest (SW) ¼ of the Southeast (SE) ¼ of Section 30. Township 48 South, Range 26 East. lying West of Parcel 129 (I-75 Right-of- Way), which right-of-way parcel is described in Official Records Book 986, Page 1273, Public Records of Collier County, Florida; and, Parcel 5: The West (W) ¼ of the Nodhwest (NW) ¼ of the SW ¼ of Section 30, Township 48 South, Range 26 East; and. Parcel 6: The West (W) ¼ of the Southeast (SE) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 7: The East (E) ¼ of the Southeast (SE) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and. Parcel 8: The West (W) ¼ of the Northwest (NW) ¼ of the Southeast (SE) ¼ of Section 30. Township 48 South. Range 26 East; and, Parcel 9: The East (E) ¼ of the Nodhwest (NW) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 10: The Southwest (SW) ¼ of the Nodheast (NE) ¼ of the Southwest (SW) ¼ of Section 30, Township 48 South, Range 26 East; and, Parcel 11: The Nodhwest (NW) ¼ of the Northwest (NW) ¼ of the Southwest (SW) ¼ of the Southwest (SW) ¼, less the West (W) 30 feet AND the Northeast (NE) ¼ of the Northwest (NW) ¼ of the Southwest (SW) ¼ of the Southwest (SW) ¼ of Section 30. Township 48 South, Range 26 East. Ail of the above parcels situated and lying in Collier County, Florida, and consisting of approximately 175 acres, as referenced in O. R Book 1753, Page 328 and O. R. Book 1753, Page 329, et. seq. .~,_,...~....¢~ -r, ..:___.: ~ ;z -- ::!!:: ,, ~', Location Map ,--* ..... "~¢~ -i-~' .... z--' :''¢:''--~-: -- , ..... ...-" .......... r ~__~~'~:~. ._ __ ,~%~ ..... ~, I'~ -~ ~% ~,~ ..... ~1 ,' ..... /'--~ ~, ~,~ ~F] ~J ~. ,~:,%'E~ ~H~.~L.~.'~ ~) ~ d~ ::::::::::::::::::::::::::::::::::::::::::::::::: /' ~¢,tdf¢,¢iI,lI-I- - ,b~ ..... I ::.l,~ -Il. u=" :u vm,.~t.u,~ru~;: ~ -rt , ~,l, ,l~ %7' ¢ ~ ~ ¢~ ~ ~.~ '; I -~&~ I' ~ ~, ~.-~-I¢~ SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ("Agreement and Release"). is entered into and made on this ~.~day of ,;~,t~~_.. . 1999. by and between l.avcmc Blanlbrd ("Blantbrd"), and Collier County (thc "County"). a political subdivision of thc State of Irlorida. with respect to Cnse No. 97-209-CIV-FTM-26D. liled in the United States District Court tbr the Middle District of Florida. as well as all claims or controversies between Blanfbrd and the County that could have been asserted in that case or that in any way relate to or arise directly or indirectly t>om Blanfbrd's employment, cessation of employment or applications lbr employment with thc County. WITN ESS ETtl: WI ll£Rlb\.";, l~.lanl'ord has filed an action against thc County in thc United States District Court 12~r the Nliddlc District oJ' Florida. and that action is styled Zm'ernt' B/aq/brd v. [hu,'d q/ CVmnO' ('ommi.¥.~'itmetw q/'C'ol[ier ( 'Olll]O', ffI ti/., C[[So No. 97-209-CI V-FTM-26D (hcrcal~cr rclbrrcd to as the "[.awsuit"): Wt IEREAS. Blanlbrd has alleged various claims against the County in thc Lawsuit and the County has fi led an answer and affimmtive detbnses; WI II{REAS. Blanlbrd and the County. without admitting any liability or thult by either of them. nevertheless recognize the cost and uncertainties of litigation and now desire to tkfllv and tinally resolve any and all claims, known or unknown, asserted or that could have been asserted by Blanlbrd in the Lawsuit, including but not limited to all claims lbr compensatory damages. reinstatement, front pay, back pay. attorney's I~es and costs, and also desire to lkdly and finally resolve any and all claims, whether known or unknown, that relate in any way to or arise directly or indirectly from Blan lbrd's employment, cessation of employment or applications tbr employment with the County; 9 \VI II'~P, EAS, Blanlbrd and the County desire to reduce their compromise of thc l,awsuit and all claims that could have been asserted in the l,awsuit or that rdatc in any way Io or arise directly or indirectly Ikom Blanlbrd's employment, cessation of employment or applications lbr employment with the County to a writing so that it may be binding upon Blanford and the County and their respective predecessors, successors, heirs, assigns, employees, former employees, elected oftqcials, oflqccrs, agoras, representatives, attorneys, insurers, sureties and afliliatcs; NOW. TI IEREFORIL in consideration of the mutual covcnams, promises and considerations set forth in this Agrccmcm and Release. the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Blantbrd and the County mutually agree to the lbllowing: 1. Blanlbrd and the County agree to adopt and incorporate the tbregoing recitals. sometimes rclkrrcd to as "Whereas clauses", by reference into this Agreement and Release. 2. The County agrees to pay Blantbrd the sum oFTwenty Thousund Dollars (S20,000.00) in full satisthct:mn of all claims Blanlbrd has made or could bare made m the l,awsuit or that relate in any way to or arise directly or indirectly from Dlanlbrd's employment, cessation of employment or applications lk)r employment with the County, and that thc settlement check shall be made payable to l,avcrne Blantbrd and Douglas L. Wilson, Esquire. 3. The payment to Blantbrd of Twenty Thousand Dollars (S20,000.00) includes all amounts allegedly duc to Blantbrd tbr emotional distress allegedly caused bv thc County. Blanlbrd explicitly waives all rights to damages which may liave been caused by thc Cotmty lk~r any other reason whatsoever, including but not limited to. all back pay, lkont pay, compensatory clmm~ges. costs, taxes, expenses, attorney's fees and equitable relief that Blanford has claimed or could have claimed in the I,awsuit or that relate in any way to or arise directly or indirectly tkom Blanlbrd's employment, cessation of employment or applications for employment with thc County. Blanford understands m~d agrees, however, she and her attorney are alone responsible and liable R~r all taxes, FICA, social security, and other withholdings with respect to the settlement amount, as required by ] aw. 4. Blanford agrees to assist the County's attorneys in preparing and filing a Stipulated Notice oI'I)ismissal with Prejudice in the Lawsuit anct also agrees that such a Notice shall be liled immediately upon receipt of the $20,000.00 payment. It is fully understood by the parties to this lawsuit that thc result of filing thc Notice of l)ismissal will be thc entry by thc Court of an Order of Dismissal with Prejudice of this lawsuit. 5. Blanlbrd represents and warrants to thc County that she has not filed any other charge, lawsuit, claims or any other nction ngainst the County or any entity or natural person that is or has been associated with. controlled by or under some common control with/of thc County. 6. Except lbr any claim to enlbrcc the terms and conditions of this Agreement and Release. IHanlbrd. on behalf ol' herself and any and all heirs, cxccmors, administrators, legal representatives and assigns, shall and hereby docs Ikflly and finally uncondititmally, release, acquit, remise, satisly and tbrcvcr discharge the County, its elected oflicials, officers, employees, tbrmcr employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties and assigns from any and all manner ol'action or actions, cause or causes of action, suits, debts, dues. sums of money, accounts, rccktmings, covenants, charges, damages, obligations, liabilities, contracts. promises, judgments, executions, claims, complaints. Legal or equitable and whether known or unknown which Blanlbrd has asserted in the Lawsuit, had, or now has or may have against thc County, its elected officials, officers, cmpklyccs, former employees, attorneys, agents. representatives, predecessors, successors, insurers, sureties and assigns, whether known or unknown, arising out ol'or relating in any way to the claims or nllegations in the I,awsuit, or that could have been made in thc l,awsuit or that relate in any way to or arise directly or indirectly l'rolll Blanlbrd's employment, cessation of employment or applications tbr employment with thc County. up to the time of execution of this Agreement and Release, including but not limited to. claims in any way pertaining to a claim of discrimination or retaliation pursuant to Title VII of the Civil Rights Act of 1964. as amended, thc CMl Rights Act o1'1991, the Age Discrimination in Ihnploymcnt Act (29 U.S.C. ~ 621, et xeq.), the Americans with Disabilities Act. the Family nnd Medical Leave Act. the Employment Retirement Income Security Act of 1974. the Florida Civil Rights Act, the tJ.S. Constitution. the Florida Constitution. or under any other l~dcral, slate or local statute or act. ordinnncc, regulation, cusIolll, rule, or policy, or any cause of action in contract or tort, including any intentional tort. or any instruments, agreements or documents entered into by, between, or among the County or Blanford. 7. (a) Blanlbrd acknowledges and agrees that she has never asserted any claim age discrimimnion against thc County or any County elcctcd oflicials, officers, employees, lbrmcr employees, attorneys, agents, representatives, predecessors, stlcccssors, insurers, sureties and assigns for age discrimination under the Age Discrimination in Employment Act ("AI)EA"). Nevertheless. for purposes of cmnplying with the release provisions of the ADEA. Blanford understands and agrees that she may revoke this Agrcemcm and Release tbr a period of seven (7) calendar days Following execution ot'this Agreement and Release. This Agreement and Release is not el'lkctive until this revocation period has expired. Blanlbrd understands that lk)r any revocation to be cl'l~ctive, it must be in writing and must be sent via telet;acsimilc to Lawrence Samuel Pivacek, Attorney at Law. 215 Airport Road South. Naples, Florida 34104, tclefacsimile number (941) 435-0457 within seven (7) days ol'execution of this Agreement and Release. (b) Blantbrd tkmhcr understands that she is entitled to consider this Agreement and Release tbr twenty-one (21) days prior to her execution of this Agreement and Release and acknowledges that she has been given the opportunity to consider this Agreement and Release tbv said twenty-one (21) days. (c) Blanlbrd understands and agrees that she has been advised to consult xv~th attorney prior to executing this Agreement and Release and has. in lk~ct, had an opportunity to discuss it with her auorney, Douglas L. Wilson, Esquire. prior to executing this Agreement and Release. (d) As part of this settlement, thc plaintifl~ Lavcme Blantk~rd. specitically waives any claim to reinstatement OF cmploymcm, with clc.t~dant Collier County or its subsidiaries or related entities and any claim to attorney's IDes. 8. Blanlbrd agrccs to indemnity', defend, and to hold harmless thc County l?om and against (a) any and all liability, claims (whether pending or thrcalcncd and whether .judicial, administrative oF otherwise), costs, causes of action, demands and expenses arising out of or based on any breach of this Agreement and Release by BlanFord or (m account of any representations or warranties made by lllantbrd herein which are later tbund to be thlse: and (2) any tax liability. including but not limited to income mx, FICA, social security tax. penalties and interest, in the cvcm that it is ever determined that the payment made by the County constitutes taxable income to Blah ford and her attorney. In this latter regard. Blanford acknowledges and agrees upon advice her counsel that any tax liabilities including but not linlitcd to income tax. FICA. social security tax. penalties and interest associated with tl~c payment of any monies to Blanlbrd under this settlement arc solely her responsibility. 9. Except lbr any claim to cnlbrcc the terms and conditions o1' this Agreement and Release. thc CoHnty shall and hereby does lkflly and tinally rcmise, release, acquit, satisl}' and lk~rcvcr discharge IManibrd. her attorneys, agents. SHCCCSSOrS. insurers, sureties, predecessors, heirs and assigns from any and all manner of action or actit)ns, cause or causes o1' action. SHitS. debts, dues. SHIllS Of IllOllCy. [ICEOtlIltS. reckonings, cox'cnants, contracts, promises, damages, jHdgulcnts. executions, claims or demands xvhatsocvcr, xvl~cthcr at law or in equity and xxhcthcr km~wn or utlklloWll, which thc County had. now has. or illay llavc ill thc ti~tHrc against Ill:mil)rd arising directly or indirectly otlI o['or relating in any way to Blanford's employment, cessation ogcmploymcnt or applications tBr cnlploymcnt with thc Cotlnty or any claim or allegation that BlantBrd has asserted or could have asserted in thc l.awsuit. I0. [tlanlk~rd tltldcrstallds alld agrees that she is hereby waiving any and all claims she may have lo reinstatement or future employment with thc Cotmty arid/or :my other ct~tit)' that is or has bccn controlled by or u~dcr common control with/of thc County and [~rthcr agrees that neither thc County nor any of thc foregoing entities, at any time, bc under any obligation to employ or contract with her. 131antBrd further covenants and agrees that if she does seek or apply t~r employment with thc County or any other entity that is or has been controlled by or is or has bccn associated or Hndcr con, mort control with/of thc Cotmty in thc l~turc, she will not t~Ic any EEOC/Florida l luman Relations Commission charge or lawsuit based upon retaliation l~,r cx'c~lts which have occurred prior to this date il'she is not hired tbr thc position(s) sought. 1 1. Both Blanford and thc County agree to waive thc right to scck payment ofattorncy's fees or costs incHrrcd in the [.awsuit. and both parties agree to pay tbr their respective attorney's t~es and costs incurred in thc l.awsuit. 12. IManlbrd represents it~d warrants to thc Cot~l~ly that she ts authorized 1o enter into and that she has thc aHthority to pcrt~rm thc terms o[' this Agreement and Release and that she has not sold. assigncd, transferred, conveyed or otherwise disposed of all or any portion of thc claims she 9 has released and discharged in this Agreement and Rclcasc. 13. This Agreement and Release is thc restllt ora compromise of disputed claims and it is understood that thc execution and pcrlbrmancc of this Agreement and Release by the County docs not constitute, nor shall it be construed as. an admission that it has violated any law. statute, rule. regulation or ordinance of either the United States or the State of Florida or breached any duty owed lo Blanlbrd under lkdcral, state, or local law. policy or practice, with respect to Blanford's employment, or thc cessation of her employment, or in any other matter, or that any of Blanlbrd's claims have any merit whatsoever. Thc County explicitly denies any such wrongdoing. 14, This Agreement and Release shall be governed by the laws of thc Slmc of Florida. 15. This Agreement and Release is l?eely and voluntarily executed by Blantbrd and thc County al~cr they have been apprised o1' all relevant inlBrmation concerning this Agreement and Release and after they have received advice of their respective cotmscl. In executing lhis Agreement and Release. Blantbrd and thc County do not rely on any inducements, promises, or representations other than thc promises and representations sot lbrth in this Agreement and Release. In this regard. Blanlbrd and thc County acknowledge that this Agreement and Release is thc product of mutual ncgotialion and i1o doubtt~fl or ambiguous provision in this Agreement and Release is to bc construed against any party based upon a claim that thc party drafted thc an~biguous language. 16. This Agreement and Release may be amended only by a wriuen instrument specifically relkrring to this Agreement and Release and executed with thc same lbrmalitics as this Agreement alld Release. 1 7. Should any provision of this Agreement and Release be declared or be determined by any Court IO be illegal or invalid, thc validity of thc remaining parts, terms, provisions, shall not be aftkctcd thereby and such an illegal or invalid part, term or provision shall be deemed not to be part of this Agreement and Release. 18. In thc event of an alleged breach of this Agrecmem and Release, Blanford and the County hereby agree that all underlying causes or'action or claims of 131anlbrd and Iht County have been extinguished by this Agreement and Release and that thc sole remedy l~r breach of this Agreement and Release shall be for specitic performance of its terms and conditions. In this regard. 6 Blanford and the County further agree that the sole venue for any such action tk~r specific performance shall be the Twentieth Judicial Circuit Cou~ in and tbr Collier County. Florida in Naples. Florida. 19. Thc parties hereto agree Ihat this Agreement and Release supersedes nnd replaces all prior agreements nnd understandings and that it constitutes thc entire agreement between Blanlbrd and thc County nnd that there exist no other agrccmct~ts, oral or written, bctxvccn them relating to any mailers covered by this Agreement and Release or any other matter whatsoever. 20. This Agreement and Release may be executed in any mmmbcr ol'cotmlcrpiiris, each of which shall be deemed to be nn originnl, but all of which Iogether shall constilule one and thc same instrument. 21. Except ns expressly provided lbr herein, the parties represent and warrant that in executing this Agreement and Release. they do not rely upon and have not relied upon nay oral or written representation, promise, warrnnty or understnnding made by nay of the parties or their representatives with regard IO the sul~iect matter, basis or efl~ct ol'lhis Agreement and Release. 22. The pnrties acknowledge and assume the risk that facts, ndditionnl and dil'tbrent or colllrary to the lklcts which they believe lo exist, may now exist or may be discovered after this Agreement and Release has been catered, a~ld the parties agree that any such additional, di ilk'rent or contrnry {~cls shall in no way limit, waive, aflbct or niter this Agreement and Release. 23. The County agrees that nny tk~ture inquiries directed to the County regarding Blnnford's past employment shall be directed to the iluman Resources Department or any subsequently designated Department lbr handling inquiries of past employment and that such inquiries shall bo nnswcred with affirmation that Blnnlbrd worked tbr lhe County. and the periods ot'emplo>'mcnt and positions held. IN WITNESS WHEREOF. Blanlbrd and the County having executed this Agreement and Retense. which consists off eight (g) pages, on the dates set forth beloxv next to their respective signatures nad as sworn to and acknowledged by limployee. 9A · DWIGI IT l';. BROCK. Clerk Attest as to Chairman's $lgaature only. Lave~ne Blanford / ,<' By: Date: I~,(.),\I(D OF COUNTY COMMISSIONERS OF COI.I. IER COUNTY. FI.ORI I)A Douglass L. Wilson, ,Att>'. for Blanfc~rd Date: "~' / ~ ~ ''/''/' ~'' 'IltlS SET'FLESIENT A(;I,tEE*IENT ANI) RELEASE BETWEEN LAVERNE BLANFORI) AND COI. IAEI~ C()UNTY. FI.()I~tlI)A. WAS SV','ORN TO and subscribed by I.avcrne P, lanfi~rd hcfi~rc me lhis · My Comrr~slon Expires Mot ~. ~. .... C~,~. CC~ Commissioned Name or ~;th~rlE, 611c (Please print, lype or stamp) MvCommission Expires: '5.'"'? V." )t Approved as Jo form and le,.zal sufll~cl~cy: /5' ' ~l -- Lav.,rence Samuel Pivacek Altomey for Collier County Personally Known Prodt, ced Identification or Type of Identification Produced Ar)Dr__ O','Cd. OS tO f.'"r:~, & ¢':'""J~u ~ .,,,,..c -.5 .............. County A~c~,c.y RESOI.UTION NO. 99-81 A RESOLUTION APPOINTING AND REAPPOINTING MEMBERS TO TIlE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE. WHEREAS, Collier County Ordinance No. 75-4 created the Golden Gate Municipal Sen'ices Special Taxing District and provides that thc Board of County Commissioners shall appoint a committee of three to five electors residing within tile district to serve on tile Committee; and WHEREAS, there arc currently three (3) vacancies on this committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties Io fill tile vacant terms. NOW, TttEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Chcryle L. Newman is hereby reappointed to the Golden Gate Conmmnity Center Advisory Committee for a two year term, said term to expire on December 3 I, 2000. 2. Tom Hcnning is hereby reappointed to the Golden Gate Community Center Advisory Committee for a two year term, said Icrm to expire on December 3 I, 2000. 3. Glenn E. Wilt is hereby appointed to the Golden Gate Community Center Advisory Committee for a two year term, said tcrn~ to expire on December 3 I, 2000. This Resolution adopted after motion, second and majority vote. DATED: January 26, 1999 ATTEST: DWIGHT E. BROCK, Clerk · Approved as to form and I[gal .sufficiency: County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA PAMELA S. MAC KIE, Chainfoman RESOLUTION NO. 99-82 A RESOLUTION DECLARING A VACANCY ON TIIE COLLIER COUNTY IIISPANIC AFFAIRS ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs Advisory Board, provided that the Advisory Board shall consist of seven (7) members; and WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by providing that thc Advisory Board shall consist of nine (9) members; and WHEREAS, the Hispanic Afl:airs Advisory Board has advised thc Board of County Commissioners that Jorge Chemas has failed to comply with the requirements set forth in Ordinance No. 86-41, as amended, and has requested that the Board of County Commissioners declare that the seat held by Jorge Choreas be vacant on their Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that after consideration of thc facts presented, the Board of County Commissioners hereby declares the seat of Jorge Chemas to be vacant on the Collier County Hispanic Affairs Advisory Board. This Resolution adopted after motion, second and majority vote. DATED: January 26, 1999 ATTEST: DWIGHT E. BROCK, Clerk Bpproved as to fo~ and legal sufficiency: bgvid c. Weigh' County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: / PAMELA S. MAC'KIE, Chairwoman ,/ DCW/kn RESOLUTION NO. 99-83 RESOLUTION REAPPOINTING MEMBERS TO TilE IIISTORIC/ARCIIAEOI,OGICAI, PRESERVATION BOARD WItEREAS, Collier County Ordinance No. 91-70 created lhe Ilistoric/Arclmeological Preservation Board and provides that the County Commission shall appoint seven (7) n~eml~crs to tile Historical/Archaeological Preservation Board; and WHEREAS. there arc currently two (2) vacancies on this board for thc categories of Law and Citizen-At-Large; and WttEREAS, thc Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW. TItEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: I. Joanne Marro Quinn. representing thc category of Citizen-At-Large. is hereby reappointed to tlm Historic/Archaeological Preservation Board for a 3 year term, said tcnn to expire on October I, 2001. 2. Diane M. Gonzalez, representing tile category of Laxv, is hereby reappointed to tile tlistoric/Archacological Preservation Board for a 3 year tem~, said tcnn to expire on October 1. 2001. BE IT FURTttER RESOLVED that the Board of County Commissioners of Collier County hereby ~vaivcs the provisions of Section Seven (b)(1) of Ordinance No. 86-41, as amended, relating to a limitation of two consecutive totals of office, for tile purpose of reappointmcnt of Diane M. Gonzalcz to this Committee. This Resolution adopted after motion, second and majority ,.'otc. DATED: January 26, 1999 ATTEST:. ,D%VIGHT E..BROCK, Clerk 'Approved as 1o form and I~ga,l,su ffiqien~k: BOARD OF COUNTY COMMISSIONERS COLLIER C.OUNTY, FLORIDA PAMELA S. MAC'KI E, Chain. roman Naples DaiLy NapLes, FL 3~102 Affidavit of Publication Naples Daily Ne~s BOARD OF COUNTY CO~NISS~ONERS ATTN: ~ATTA S~RLEAF PO 80X NAPLES FL 3~101-3016 RE~ERENCE: 001230 #912501 57806883 91-102/PU~-98-9 NOT! State of Florida County of Collier Before the undersigned authority, personalty appeared B. Lamb, ~o on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~s, & daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising was published in said ne~spoper on dates Listed, Affiant further says that the said Naples Daily Ne~s is a ne~sl~Per published at Naples, in said Collier County, FLorida, and that the said n~sl~per has heretofore been continuously published in said Collier County, Florida, each day end h~s been entered as second class Nil Ntter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of ~clvertisement$ and affiant further says that she has neither paid nor promised any person, firm or coporatton any discount, rebate, co~tssion or refund for the purpose of securing this advertisement for publication in the said newspaper, PUBLISHED ON: 01/10 AD SPACE: 1~.000 %NCH FILEO Off: 01/11/99 Suorn to and Subscrtbe~b~//remeth~s~..~_~?~dayo~71~n6~19.~~ Pers~l~y kn~n by me ,...4~.~:(?;'%. MARGARET J SILLS ?~', ~ .:..; ~xp r~s Apr~ ~s ~ FAX PAM PERRELL NAPLES DAII,Y NEWS 263-4703 12B1 . ~: LISA STEELE LOCATION: COI.T.TT~R COUNTY COURTHOUSE (941) 774-8406 Q12B1 COI.I.IER COUNTY I.'I.OI,III)A REQUEST FOR LEGAL Ai)VERTISING OF PUBLIC IIEARINGS Tu: Clcrk lo the Board: Please place thcf, fihm'in~ as a: XXX Normal legal Advc~scmcul i ~ ~ . . : ~i~ Date: Petition No. {If none. g~vc brief dcseripfion~: PUD-98-9 Petitioner: (Name & AddressE Gan.'Kinsella, GlcnEden 9n theBav, L.P., 145 It) Vanderbilt Drive. Naples, Fl. 34110 Narnc& Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Mark W. Minor~ O. Gradv Minor ,~ Associates, P A., 3gO0 Vai Del Re',', Bonita Springs, FL 34134 tlcaring before XXX BCC BZA Other Requcs,cd Hearing date: '~lt ! ~;~,,.l~f;] [ I~ Newspaper(s) to be used: (Complete only il' imporlanl): Based on advertisement appearing 15 days before hearing. XXX Naples Daily News Othcr [] Ix:gaily Rcqnired Proposed Tcxt: (Include legal dcscription& common location & Size: Pclition No. PUD-g8-9. Mark W. Minor ofQ. Gradv Minor & Associates, representing Glen Eden on the Bav Limited Parlner~hip, rcqnesling a rezone from "A" Rnral Agriculture lo "PUD" Planned Unit Dcvclopmcn! lo be known ns Glen Eden on thc Bay for a maximum of 94 sine. lc fimfilv dwclling units, For properly located on thc west side of Vandcrbilt Drive (C.R. 901) approximately V, mile norlh of Wiggins Pass Road (C.R. 888) in Section 8, To',~nship .18 South, Range 25 East, Collier County, Florida, consi.sling of.I0.93 plus or min,s acres. Companion lx:tition(s), if an)' & proposed hearing dam: Docs Petition Fcc include advertising cost? ~'~s [] 113-138323-649110 '"~ ~ Division ttcad Date No If Yes. what account should be charged for advertisin~ costs: Approved by: Courlly Manager Date List Attachments: DISTRilIUTION INSTRUCTIONS Ao For hearings before BCC ur BZA: Initiating person to complete one coy and obi:fin Division ilead approval before submitting to County 3lanager. Note: Iflegaldocument [s involved, besurethat any necessary legalrevle~v, orrequest for same. is submitted to County Atlm'ney before subnfilling tn Cnunty Manager. Tim Manager's office willdistrihute copies: [] County Manager agenda file: Clerk's Office [] Requc.qinl~ Division [] Original B. Other hcarines: Initiating Division head to approve and submit original Io Clerk's Office. rcmining a copy for file. Date Received: ~fi~ Date of Public heari,, ~CX Date Advc~iscd: ~ [~ ~r, .~ II 12S1 November 18, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: PUD-98-9 Glen Eden Dear Pam: Please advertise the above referenced notice one time on Sunday, January 10, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 912501 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 26, 1999m in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE ~4ENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNICORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS ~P NUMBER 8508S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" A~D "A-ST" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNO~ AS GLEN EDEN ON THE BAY FOR A ~XIM~'! OF 94 SINGLE F~4ILY DWELLING UNITS, FOR PROPERTY LOCATED ON THE WEST SiDE OF VANDERBILT DRIVE (C.R.90!) APPROXI~.~TELY 3/4 MILE NORTH OF WIGGINS PASS ROAD (C.R.888), LOCATED IN SECTION 8, TOWNSHIP 48 SOUTH, RidGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.93+; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-98-9, Mark W. Minor of Q. Grady Minor & Associates, representing Glen Eden on the Bay Limited Partnership, requesting a rezone from "A" Rural Agriculture to "PUD" Planned. Unit Development to be known as Glen Eden on the Bay for a maximum of 94 single family dewlling units. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register {:ith the County a~ministrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAI~4AN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) 12B1 November 18, 1998 Mark W. ~4inor Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Public Hearing to Consider Petition PUD-98-9 Glen Eden Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure 12B1 November 18, 1998 Gary Kinsella Glen Eden on the Bay, L.P. 14510 Vanderbilt Drive Naples, FL 34110 Public Hearing to Consider Petition PUD-98-9 Glen Eden Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure ORDINANCE NO 98- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH [NCLUDES THE COM?REHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8508S; BY CHANGi[:G THE ZONING CLASSIFICATION THE HEREIN DESCRIBED R~AL.- PROPERTY FROM "~" AND "A-ST" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GLEN EDEN ON THE BAY FOR A MAXIMUM OF 9~ . ~GLz FAMILY DWELLING UNITS, ~OR PROPERTY LOCATED O:~ THE WEST SIDE OF VANDERBILT DRIVE (C.R. 90!~ APPROXIMATELY ~ MILE NORTH OF WIGGINS PASS ROAD (C.R. 888), LOCATED IN SECTION 8, TOWNSHIP 48 SOUTH, ~NGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.93+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, ;.!ark W. Minor of Q. Grady Minor & Associates, representing Glen Eden on the Bay Limited Partnership, petitioned the Board of County Cormmissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 8, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" and "A-ST" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Glen Eden on the Bay PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8508S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day cf , BOARD O? COUNTY n ..... ~ ~ I S S i OM ERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: BARBARA B. BERRY, Chairman Approved as to Form and Legal Sufficiency ~arjorie M. Student Assistant County Attorney PUD-gB-9 ORDINANCE/ GLEN EDEN ON TilE BAY A PLANNED UNIT DEVELOPMENT Regulations and Supporting Master Plan Governing the Glen Eden On The Bay PUD A Planned Unit Development Pursuant to Provisions of The Collier County Land Development Code Prepared For: Glen Eden On The Bay, L.P. 14510 Vanderbilt Drive Naples, Florida 34110 Prepared By: Bob Thinnes, AICP Q. Grady Minor and Associates, P.A. Civil Engineers · Land Surveyors · Planners 3800 Via Del Rey Bonita Springs, Florida 34134 12B1 F:GEI.PUD Date Filed Date Revised Date Approved by BCC ORDINANCE NUMBER EXHIBIT "A" 2B1 TABLE OF CONTENTS Statement of Compliance SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 EXHIBIT A Property Ownership & Description Project Development Requkements Residential Plan Development Commitments Preserve Area Development Commitments Master Plan i 1 3 7 11 12 13 F:GE.I-PUD STATEMENT OF COMPI.,IANCE The development of approximately 40.93 4- acres of property in Collier County. as a Residential Planned Unit Development to be known as Glen Eden On ITze Bay PUD, will be in compliance with the goals, objectives and policies of Collier County as set forth in thc Growth Management Plan. The project will be consistent with tile growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Project Tile subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 at the Future Land Use Element. The subject property's location in relation to 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 forthcoming land development regulations as set forth in Objective 3 of the Future Land Use Element. o The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.i.H and L of the Future Land Use Element. o The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The projected density of 2.3 d.u.'s per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required.criteria: Base density 4 d.u.'s All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. 0) 12B1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Glen Eden On The Ba3' PUD. 1.2 LEGAL DESCRIPTION PROPERTY DESCRIPTION The North-half (NI/2) of the South-half (SV2) of the Southeast quarter (SEt,i) of Section 8, Township 48 South, Range 25 East, Collier County, Florida, (less and except the East 50 feet thereof). 1.3 1.4 1.5 1.6 1.7 PROPERTY OWNERSHIP The subject property is currently under the ownership of Glen Eden On The Bay, L.P., 1.4510 Vanderbilt Drive, Naples, Florida 321.110, GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the SE 1/4 of Section 8, Township 48 South, Range 25 East. The property is currently vacant and located on the west side of Vanderbilt Road approximately 3/4 mile north of Wiggins Pass Road. B. The zoning classification of the subject property prior to the date of this approved PUD Document was A. PHYSICAL DESCRIPTION The 41.0± acres Glen Eden on the Bay parcel includes 29.6-t- acres of uplands and 11.4 acres of wetlands. The site's topography and surface flow generally run down hill to the west. The eastern three quarters of the site is uplands and consists of a combination of habitat' types which includes rosemary scrub, xeric oak scrub, scrubby flatwoods, and live oak forest. The western one-quarter of the parcel quickly transitions into the intercoastal waters which donsists of four habitat types. These types include, from east to west; bay swamp forest, salt marsh, disturbed areas and finally mangrove forests. Water management for the project is planned to be lake retention. Elevations within the project site range from 3.7 to 12.7 feet NGVD, 1929. The property is located within Flood Zone AE, having a base flood elevation of 11' and 12', per the Federal Emergency Management Agency Flood Insurance Rate Map//120067 0187 E, dated August 3, 1992. The soil types on the site are Myakka fine sand, Satellite fine sand and Durbin muck. PROJECT DESCRIPTION The project will be a high.quality residential community with a maximum of 94 single family lots. SHORT TITLE This Ordinance shall be known and cited as the "Glen Eden On The Bay PUD Planned Unit Development Ordinance". (2) t f t 2.1 2.2 2.3 SECTION 2 PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL A. Regulations for development of Glen Eden On The Bay PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in-Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Glen Eden On The Bay PUD shall become part of the regulations which gove. rn the manner in which the PUD siti: may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the Collier County Land Development Code where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities Section of the Collier County Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. The project shall have a maximum of 94 single family lots, clubhouse area, water management lakes and native preserve area. (3) 12B1 '"" 2.4 2.5 A. Bo Bo TYPE UNIT~ ACREAGE Single Family Lots Internal Roads Lakes Conservation Area Clubhouse Area TOTAL 94 18.0+ Acres 4.54. Acres 5.34. Acres 12.1 + Acres 1.0+ Acres 40.94- Acres Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6. and 2.7.3.5 respectively, of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit "A', such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various .Tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 94 single family residential dwelling units, shall be constructed in the total project area. The gross project area 40.93 4. acres. The gross project density will be a maximum of 2.3 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. (4) ' IIII II III II -- I IIII III I I I ]?_gl Co Do no 2.6 The provisions of Division 3.3 of the Collier County Land Development Code when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said Di'.'ision prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for rcsidcntial development contemplating fee simple ~wnership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 or' the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at tile time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. MODEL HOMES AND SALES FACILITIES Model homes/model home centers including sales center shall be permitted in conjunction with the promotion of the development subject to the following' One "'.vet" and four "dry" models may be constructed prior to recording of a plat. Location is limited to future, platted single family lots. All models must be applied for by project owner. bo The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The ",,vet" model may not be occupied until a permanent certificate of occupancy is issued. Co The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan process. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road will be allowed. Access to the "',vet" model shall be provided by a paved road or temporary drivev/ay and shall have a supporting parking lot. fo Sales. marketing and administrative functions are permitted to occur in designated "wet" model homes within the project only as provided herein. 2.7 2.8 go '[he "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. AMENDMENTS TO PUD DOCU~IENT OR PUD blASTER PLAN Amendments may be made to the. PUD as provided in the Collier County Development Code, Section 2.7.3.5. Land OWNERS FOR COMMON AREA ASSOCIATION OF PROPERTY MAhNTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. (6) 12B1 3.1 3.2 3.3 3.4 SECTION 3 RESIDENTIAL PLAN PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tracts A, B, C, D, Residential. MAXIMUM DWELLING UNITS The maximum number of dwelling units allowed within the PUD shall be as follows: TRACT A: 12 TRACT B: 28 TRACT C: 26 .TRACT D: 28 TOTAL 94 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or la'nd used, in whole or part, for other than the following: A. Principal Uses: (I) Single Family Dwelling Unit B. Accessory Uses: (]) (2) (3) (4) (5) (6) Customary accessory uses and structures, including private garages. Clubhouse. Temporary sales trailer. Model units, model center. Gatehouse and entrance features. Any other accessory use deemed compatible by the Development Services Director. DEVELOPMENT STANDARDS (See Table 1) mo Table I sets forth the development standards for the single family residential lots within the Glen Eden On The Bay PUD. All setbacks are measured from the property line of the individual lot. (7) Co Go MINIMUM LOT AREA 5,000 square feet. MINI*IUM LOT WIDTH (1) Corner Lots - 55 feet (2) Interior Lots - 50 feet M hNIMUM YARDS (I) Front Yard - 20 feet. (I0' on corner lots for yard not containing a driveway) (2) Side Yard - 5 feet. (3) Rear Yard - 20 feet. (4) Rear Yard (Screen Enclosure) - 5 feet. (5) Rear Yard (Pool) - 5 feet. MINITvlUM FLOOR AREA (1) 1,200 square feet OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. MAXIMUM HEIGHT (I) Principal Structure - 35 feet and 2 stories above the minimum base flood elevation. (2) Accessory Structure - 25 feet and 1 story above the minimum base flood elevation. (8) PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock piling in preparation of water mana~en'mnt facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material then its off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply xvith the definition of a "development excavatIon or commerctal execution permit" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall not be limited. 2. All other provisions of said Division 3.5 are applicable. (9) 12B! TABLE I DEVELOPMENT STANDARDS Minimum Lot Area: Minimum Lot Width: Minimum Lot Depth: Minimum Setbacks: Principal Structure: Front Yard: Side Yard: Rear Yard: 5.000 Square Feet 50 Feet 100 Feet 20 Feet (10' on corner lots for yard not containing driveway) 5 Feet 20 Feet Pool/Screen Enclosure Front Yard: Side Yard: Rear Yard: N/A 5 Feet 5 Feet Minimum Lake or Preserve Setback: Principal Structure: Pool/Screen Enclosure: Maximum Building t-Ieight: Principal Structure Accessory Structure Minimum Floor Area: 20 Feet 5 Feet 35 Feet (2 Stories) 25 Feet (I Story) 1,200 Square Feet (I0) 4.1 4.2 4.3 SECTION 4 CLUBItOUSE AREA PLAN PURPOSE The purpose of this Section is to set forth the development plan and development standards for the area designed ;ts Tract R. Clubhouse Area on the PUD Master Development Plan. Exhibit "A". The primary, function and purpose of this Tract Will be to provide aesthetically pleasing open area and recreational facilities. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Use: 1. Clubhouse. 2. Open Space. Bo Shuffleboard courts, tennis courts, swimming pools and other types of facilities intended for outdoor recreation. DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas an location and treatment of buffer areas. Bo Buildings shall be setback a minimum of twenty five (25) feet abutting adjacent residential districts. Co Do Eo Lighting facilities shall be arranged in a manner which will protect neighboring properties from direct glare or other interference. MAXIMUM HEIGHT Principal Structure - 35 feet. MINIMUM OFF-STREET PARKING AND LOADING As required by Division 2.3 of the Land Development Code at time of building permit application or as deemed reasonable by the Planning Services Director. (11) SECTION 5 PRESERVE AREA 12B1 5.1 5.2 PURPOSE Preserve Area - The purpose is to preserve and protect vegetation and naturally functioning habitat such as wetlands in their natural state. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required; A. Principal Uses: Open Spaces/Nature Preserves. Board walks subject to appropriate approvals by permitting agencies. Any other use deemed compatible by the Planning Services Director. (12) 6.1 6.2 6.3 6.4 12B1 SECTION 6 DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws. codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. PUD MASTER PLAN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3..5 of the Land Development Code amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCtIEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. (13) 6.5 6.6 6.7 6.8 6.9 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: Conditions to be determined and agreed upon subsequent to County review of the Traffic Impact Statement. WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following condition: Water Management design and construction shall conform to Division 3.3.5.5.5.4. of the Collier County Land Development Code. UTILITIES The development of this PUD Master Plan shall be subject to and governed by the foliowing conditions: Those conditions agreed to between applicant and County subsequent to County review of the application. ENGLNEERING The development of this PUD Master shall be subject to and governed by the following conditions: Those conditions agreed to between applicant and County subsequent to County review of the application. ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: Those conditions agreed to between applicant and County subsequent to County review of the application. F;GEI.PUD (14) ,I !t ] 2B "'~ ORDINANCE NO. 99- 3 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 NUMBER 8508S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM ~A" AND "A-ST" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GLEN EDEN ON THE BAY FOR A MAXIMUM OF 94 SINGLE FAMILY DWELLING UNITS, FOR PROPERTY LOCATED ON THE WEST SIDE OF VANDERBILT DRIVE (C.R. 901) APPROXIMATELY M MILE NORTH OF WIGGINS PASS ROAD (C.R. 888), LOCATED IN SECTION 8, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUI;TY, FLORIDA, COI.~SISTING OF 40.9~ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Mark W. Minor of Q. Grady Minor & Associates, representing Glen Eden on the Bay Limited Partnership, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 8, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" and "A-ST" Rural Agriculture to "PUD" Planned Unit Development in accordance with the Glen Eden on the Bay PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8508S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. 1 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this~Lt~1~--['--~- day of _5~-}£)tl~tt.;-- , 1999. 'DWIGHT E. BROCK, Clerk ~ ~tte~% is to L~rm~n's · signature only.'] ~ppr.oved .~S ~o Form and Legal Sufficzency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: , PAMELA S. MAC'KIE,CflAiRWOMAN Marjo~ie M. Student Assistant County Attorney PUD-98-9 F:GEI.PUD GLEN EDEN ON THE BAY A PLANNED UNIT DEVELOPMENT Regulations and Supporting Master Plan Governing the Glen Eden On The Bay PUD A Planned Unit Development Pursuant to Provisions of The Collier County Land Development Code Prepared For: Glen Eden On The Bay, L.P. 14510 Vanderbilt Drive Naples, Florida 34110 Prepared By: Bob Thinnes, AICP Q. Grady Minor and Associates, P.A. Civil Engineers · Land Surveyors · Planners 3800 Via Del Rey Bonita Springs, Florida 34134 Date Filed Date Revised Date Approved by BCC ORDINANCE NUMBER 7/16/98 l 1/23/98 EXHIBIT "A" TABLE OF CONTENTS Statement of Compliance SECTION 1 Property Ownership & Description SECTION 2 Project Development Requirements SECTION 3 Residential Plan SECTION 4 Development Commitments SECTION 5 Preserve Area SECTION 6 Development Commitments EXHIBIT A Master Plan i 1 3 7 10 11 12 F:GE.t-PUD STATEMENT OF COMPLIANCE The development of approximately 40.93 :t: acres of property in Collier County, as a Residential Planned Unit Development to be known as Glen Eden On The Bay PUD, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Project The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective i, Policy 5.1 and Policy 5.3 of the Future Land Use Element. The subject property's location in relation to 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 forthcoming land development regulations as set forth in Objective 3 of the Future Land Use Element. o The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.I-I and L of the Future Land Use Element. The project development is planned to protect the function of natural drainage and recharge systems as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The projected density of 2.3 dwelling units per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria' Base density: 4 dwelling units per acre All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. (i) SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE 1.2 The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Glen Eden On The BaY PUD. LEGAL DESCRIP'rION PROPERTY DESCRIPTION The North-half (N3A) of the South-half (S3A) of the Southeast quarter (SE~A) of Section 8, Township 48 South, Range 25 East, Collier County, Florida, (less and except the East 50 feet thereof). (1) 1.3 PROPERTY OWNERSHIP 1.4 The subject property is currently under the ownership of Glen Eden On The Bay, L.P., 14510 Vanderbilt Drive, Naples, Florida 34110. GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the SE 1/4 of Section 8, Township 48 South, Range 25 East, Collier County, Florida. The property is currently vacant and located on the west side of Vanderbilt Road approximately 3/4 mile north of Wiggins Pass Road. 1.5 Bo The zoning classification of the subject property prior to the date of this approved PUD Document was A (Agriculture). PttYSICAL DESCRIPTION The 41.0+ acres Glen Eden on the Bay parcel includes 29.6_+ acres of uplands and 11.4 acres of wetlands. The site's topography and surface flow generally run down hill to the ',,,'est. The eastern three-quarters of the site is uplands and consists of a combination of habitat types which includes rosemary scrub, xeric oak scrub, scrubby flatwoods, and live oak forest. Tile western one-quarter of the parcel quickly transitions into the intercoastal waters which consists of four habitat types. These types include, from east to west: bay swamp forest, salt marsh, disturbed areas and finally mangrove forests. Water ma,mgement for the project is planned to be lake retention. Elevations within the project site range from 3.7 to 12.7 feet NGVD, 1929. The property is located within Flood Zone AE, having a base flood elevation of i 1' and 12', per tile Federal Emergency Management Agency Flood Insurance Rate Map //120067 0187 E. dated August 3, I992. The soil types on the site are Myakka fine sand, Satellite fine sand and Durbin muck. 1.6 PROJECT DESCRIP'FION The project will be a high quality residential conlmunity with a maxinmm of 94 single family lots. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Glen Eden On The Bay PUD. Planned Unit Development Ordinance". (2) i 2.1 2.2 2.3 SECTION 2 PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAl. Ao Regulations for development of Glen Eden On The Bay PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and pans of the Collier County Land Development Code and Growth Management Plan itl effect at the time of building permit application. Where these regulations fail to provide developmental standards then tile provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application.. All conditions imposed and all graphic material presented depicting restrictions for the development of Glen Eden On The Bay PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of the Collier County Land Development Code where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. Eo Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities Section of the Collier County Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Ao The project Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. The project shall have a maximum of 94 single family lots, clubhouse area. water management lakes and native preserve area. (3) 2.4 2.5 A. Bo TYPE UNITS/SO.FT, ACREAGE Single Family Lots Internal Roads Lakes Conservation Area Clubhouse Area TOTAL 94 18.0+. Acres 4.5 + Acres 5.3+ Acres 12.14- Acres 1.04- Acres 40.9 4- Acres Areas illustrated as lakes by Exhibit "A" shall be constructed its lakes or. upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other internal boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, senti-public, etc.) shall be established v,,ithin or along the various tracts as may be necessary. DESCRIIYFION OF PROJECT DENSITY OR INTENSITY OF LAND USE A n~aximun~ of 94 single family residential dwelling units shall be constructed in the total project area. The gross project area is 40.93+. acres. The gross project density ,,viii be a maximum of 2.3 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD. final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan. the Collier County Subdivision Code and the platting laws of the State of Florida. Exhibit "A". PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of thc Collier County Land Development Code, and the platting laws of the State of Florida. ..-(4) Co The pro,.'isions of Division 3.3 of the Collier County Land Development Code when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. go 2.6 Tile development of an5, tract or parcel appro`.'ed for residential dc,,'clopment contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a F'reliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for pro`.'iding perpetual maintenance of common facilities. MOl)El. IIOMES AND SALES FACII,ITIES Model homes/model home centers including sales center shall be permitted in conjunction with the promotion of the development subject to the following: do One "'.vet" and four "dry" models may be constructed prior to recording of a plat. I.ocation is limited to future, platted single family lots. Ail permits for models must bc applied for by project owner. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The ",.vet" model may not be occupied until a permanent certificate of occupancy is issued. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan process. Prior to the recording of any plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. Access shall be provided to each "dry" model from the ",,vet" model. Access shall be for pedestrian traffic only, no paved road will be allo`.ved. Access to the "`.,,,et" model shall be provided by a paved road or temporary dri`.,eway and shall have a supporting parking lot. Sales. marketing and administrative functions are permitted to occur in designated "`.vet" model homes within the project only as provided herein. (5). 2.7 2.8 The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. AMENI)MENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR MAINTENANCE Land COMMON AREA Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of alt common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2~2.20.3.8. 3.1 3.2 3.3 3.4 SECTION 3 RESIDENTIAL PLAN I PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit 'A" as Tracts A, B, C, D, Residential. MAXIMUM DWELLING UNITS ' The maximum number of dwelling units allowed within the PUD shall be as follows: TRACT A: 12 TRACT B: 28 TRACT C: 26 TRACT D: 28 TOTAL 94 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Bo (I) Single Family Dwelling Unit Accessory Uses: .~ (1) (2) (3) (4) (5) (6) Customary accessory uses and structures, including private garages. Clubhouse. Temporary sales trailer. Model units, model center. Gatehouse and entrance features. Any other accessory:use deemed compatible by the Development Services Director. DEVELOPMENT STANDARDS mo The following sets forth the development standards for residential lots within the Glen Eden On The Bay PUD. measured from the property line of the individual lot. ,~ii~:: (7) the single family All setbacks are Eo Fo Go I I I MINIMUM LOT AREA 5,000 square feet. ; MINIMUM LOT WIDTH (1) Comer Lots - 55 feet (2) Interior Lots - 50 feet MINIMUM YARDS (1) Front Yard - 20 feet. (10' on comer lots for yard not containing a driveway) (2) Side Yard - 5 feet. (3) Rear Yard - 20 feet. (4) (5) Rear Yard (Screen Enclosure) - 5 feet. Rear Yard (Pool) 5 feet. MINIMUM FLOOR AREA (I) 1,200 square feet OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. MAXIMUM HEIGHT (1) Principal Structure - 35 feet and 2 stories above the minimum base flood elevation. (2) Accessory Structure - 25 feet and 1 story above the minimum base flood elevation. (8) Ho PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there ~s a surplus of earthen material, then its off-site disposal is also hereby permitted Subject to the following conditions. Excavation activities shall comply with the definition of a "development excavation" or "commercial excavation permit" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall not be limited. All other provisions of said Division 3.5 are applicable. (9) SECTION 4 CLUBHOUSE AREA PLAN 4.1 4.2 4.3 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the area designed as Tract R, Clubhouse Area on the PUD Master Development Plan, Exhibit "A". The primary function and purpose of this Tract will be to provide aesthetically pleasing open area and recreational facilities. USES I'ERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Use' 1. Clubhouse. o Open Space. Shuffleboard courts, tennis courts, swimming pools and other types of facilities intended for outdoor recreation. DEVELOI'MENT REGULATIONS Ao Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. Buildings shall be setback a minimum of twenty-five (25) feet abutting adjacent residential districts. Lighting facilities shall be arranged in a manner which will protect neighboring properties from direct glare or other interference. D. MAXIMUM HEIGHT Principal Structure - 35 feet. mo MINIMUM OFF-STREET PARKING AND LOADING As required by Division 2.3 of the Land Development Code in effect at time of building permit application. (I0) 5.1 5.2 SECTION 5 PRESERVE AREA 12B 1 PURPOSE ~ Preserve Area - The purpose iS~!'to Preserve and protect vegetation functioning habitat such as wetlands in their natural state. and naturally USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required; A. Principal Uses: 1. Open Spaces/Nature Preserves. 2. Boardwalks subject to appropriate approvals by permitting agencies. 3. Any other use deemed compatible by the Planning Services Director. (Il) 6.1 6.2 6.3 6.4 SECTION 6 DEVELOPMENT~ COMMITMENTS PURPOSE The purpose of this Section is development of. the project. to set forth the development commitments for the GENERAl., All facilities shall be constructed in'strict accordance with Final Site Development Plans, Final Subdivision Plans and all State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specif.ications of. the Land Development Code shall apply to this project even if' the land within the PUD is not to be platted. The developer, his successors and assigns, shall be responsible for the comtnitments outlined in this document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted and any other conditions or n.todifications as may be agreed to in the rezoning of the Pi-operty. In addition any successor or assignee in title is subject to any commitments within this agreement. PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Land Development Code amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and n.taintenance of all service utilities and all common areas in the project. SCHEDUI.E OF PROVISION DEVELOPMENT/MONITORING "['his PUD shall be subject Development Code. REPORT AND SUNSET to the Sunset Provisions, Section 2.7.3.4 of' the Land (t2) 6.5 6.6 6.7 6.8 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: ~?: Arterial level street lighting at the project entrance shall be provided by the developer prior to the issuance of any certificate of occupancy. WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: 1. Water Management design and construction shall conform to Subsection 3.3.5.5.5.4. of the Collier County Land Development Code. -) A copy of the SFWMD Permit or Early Work Permit with staff report is required prior to construction plan approval. o An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Land Development Code and SFWMD Rules. 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. ENGINEERING The development of this PUD MaSter shall be subject to and governed by the following conditions: This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2 Subdivisions. Or'f site removal of excavated material conforming to the "commercial excavation" provisions of Division 3.5 is permitted. I I 6.9 ENVIRONNIENTAL ]'he development of this PUD Master Plan shall be subject to and governed by the following conditions: Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. All approved Agency (SFWMD, ACOE, FGFWFC) permits shall be submitted prior to any final development order approval (Plat/Construction Plan, SDP). All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3. of the LDC. Buffers si'mil be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for thc site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic removal within all preservation areas, shall be submitted with the above mentioned plan. Environmental permitting shall be in accordance with the state of Florida Environmental P, esource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. A gopher tortoise relocation/management plan shall be submitted for review and approval at the tirnc of SDP or construction plan submittal. The approved language shall be added to the Site Development Plan or Construction Plan. Off- site relocation may be required if the applicant cannot provide adequate habitat for on-site relocation. ' F GEl PUD (I4) '1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINA/~CE NO. 99-3 Which was adopted by the Board of County Commissioners on the 26th day of January, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of December, 1998. DWIGHT E. BROCK Clerk of Courts and Clerk!~, Ex-officio to Board"of .. ~. 1~!.~ .. C ou n~Q Commissioners ,. , .... By' Lisa Steele, Deputy Clerk ' '.~,~,~ '. ~ OF PAC~ES _ / (INCZmD:Z]~ Ts:rr~ COVim) ~C]~: NA?L~$ DAILY ELLIE HOFFMAN PHONE NO: ~941) 774-8406 Naples Daily Naples, FL 34102 Affidavit of Publication Naples OaiLy BOAR0 OF COUNTY COMMISSIONERS ATTN: MZATTA SIRLEAF PO BOX &13016 NAPLES FL 34101-3016 REFERENCE: 001230 912501 57~07769 91-102/PUD-89-23(1) State of FLorida County of Collier Before the ~ndersigned authority, personally appeared B. Laeb, who on oath says that she serves aa the Assistant Corporate Secretary of the Naples Deity Ne~s, a deity newspaper published at Naples, in Collier ¢c~nty, FLorida: that the attached copy of Advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, Florida, and that the said nevspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class eatl m~tter et the post office in ~ples, in aaid Collier County, Florida, for · period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proaised any per,n, firm or coporation any discount, rebate, commission or refund for the purpose of securing thts advertisement for publication in the said ne~spoper. PUBL%SHED 01'~: 01/10 AD S~ACE: 141.000 ZNCN F%LED ON: 01/11/99 2B2 91-102/PtJC).Sg. 73( NOTICE OF INTENT TO CONSIDER O~DINAFJCE Noth:e I$ hereby given Ihot on TUESDAY, ~1-102 Tf~ C~LI~ COUNTY LANO VELOP~T CODE WHICH "PUD" PLANNED PRIER TY I.~ATED PASS ROAD (C~. EAST COLLIER COUNfY FLORIOA, C~ s~ff o minimum ~ ~ o ~1~ c~d ~ ~ DWIGHT E. B~OCK, C~K f( COLLIER COUNTY I..'LORIDA REQUEST FOR LEGAl. ADVERTISING (')F PUIILIC IIEARINGS To: Clerk to thc Board: Please i}lacc thc follm~in~ a.~ :,: XXX Normal legal Advertisement ~ Other: (Display Adv.. I~ation. etc.) Originating Dept/Div: CommDcv. Se~'./Plammm Pcrsen: P¢lition No. (If none. ~ix'e brief descripl~onl; PUD-Xg-23t 1 ~ · Petilioner: (Name &. Address) Jm] Colos]mo. Trustee. 41,)9 T;mli;imi Trail North. Suite 3o5. Nuplcs. F'I. 34 ~;;' Name & Address of any ~rsoms) to be notified by Clerk's O~cc: [1~ more space is nccdcd, attach separate shock) Rol~rt Duanc. :~. Hole, Monies & Ass~ialcs, Inc. 715 Tenth SI., Soulh, Naples. FL .,4 ~ ttcaring ~forc XXX BCC BZA Other Requested ttcarmg d;llC'__ -- W Based Oll lldXCflisClllClll ;q~pc;mng 15 d:~ys bcl'orc he:rang Nc~vspapcr{s) to be used: (Complete only if ~mpori:ml) XXX Naplcs Daily Ncx~s Ofllcr [] Lcg;dl.x Rcqmrcd Proposed Text: (Include lcg:fl description & common loc:lBon & 8it¢: Companion petition(s), if:my& proposed hearing dine Docs Petition Fcc mcludc, a~d/5/rlisnm cost'? ~ ~ No If Yes. what account should bc charged for advcrlismg costs Reviewed by; Approx cd b). DMfion ltcad Dale CoIIlll~' Mmmgcr I)ulc List Allachmcnts. DI.qTll Iil I"I'10 N I.x'WFRUCTIONS Ao For hearings before IICC or IlZA: lnitiati..2 pcrsm~ t. complete o.c c.? :md ~d~l;ll. I)i', isitm llc:td ;llq~r,v:tl bcl'.re submitting to County Manager. Note: If leg:il documcnl is inv.h'cd, be s. rc Ih:it ;my .cccs.'qiry lew-fl reviews..r request for same. is submitted t. Cra,nD' Atlor.cy her. re suhmittin~2 t. County bl:,na~cr. The M;ma,,2er's office will distrihute copies: ['-I County Manager agenda file: Clerk's Office B. Other hearings: lnitiattn[2 l)~x~sion head to :q,proxc and submit original to Clerk's Office. rctmmng a cop.',' for file FOR CLERK'S OFFICE I!SE ONI,Y: . / NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 26, 1999~ in the ~ Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: ~4 ORDINANCE AMENDING ORDIN~4CE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPOF~TED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP N~4BERED 8516N BY CHA/~GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNO%~N AS LA~4ET¥~ PLAZA, FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS ROAD (C.R. 888) AND U.S. 41, IN SECTION 16, TO~SHiP 48 SOUTH, P32';GE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 33.6+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 90-26, THE ~O~4ER LA~4ET¥~ PLAZA PUD; ~,;D BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-89-23(1), Robert Duane of Hole, Montes & Associates, Inc., representing Jim Colosimo, Trustee, requesting a change in the zoning from "PUD" to "PUD" Planned Unit Development known as Lawmetka Plaza. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. Ail interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. - I I IIIIII II Iff IIII II I I i r~ .... ,,,,,,,,, ,,,,, ,, ....... BOARD OF COUNTY CO~4ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN i~i~ii?iDWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk (SEAL) December 28, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-89-23(i) Dear Pam: Please advertise the above referenced notice one time on Sunday, January 10, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 December 28, 1998 ~4r. Jim Colosimo, Trustee 4099 Tamiami Trail North, Suite 305 Naples, FL 34105 Re: Notice of Public Hearing to Consider Petition PUD-89-23(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure December 28, 1998 Mr. Robert Duane Hole, ontes & Associates, Inc. 715 Tenth Street South Naples, FL 34102 Re: Notice of Public }{earing to Consider Petition PUD-89-23(1) Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure SRD IN~NCE 99- · ~J ORDiNAl;CE ~34E:~DING CRDiNA24CE NUMBER 2!-i02, --HE 2CLLiER CCU~JTY LA.VD DEVELOPNENT UODE, WHICh{ iNCLUDES THE CS~4PREHENSIVE ZONING REGUlATiONS FOR THE L%~INCOKPOP~TED AREA OF COLLIER CO~TY, FLORIDA, BY A.MENDING THE OFFICIAL ZONING AT.kS ~P ~BERED 851gN 5Y CF~;GING THE ZONING C~SSiFiCATICi: CF THE HEREIN DESCRIBED REAL PROPERTY FKOi4 "Pb~" TO "P~" P~ED ~IT DEVELOPMENT ~fO~'~ AS ~WMET~ P~ZA, FOR PROPERTY LOCATED ON THE NORTHWEST CO~ER OF WIGGINS PASS RO~ (C.R. 888) ~ND U.S. 41, iN SECTION 16, TOWNSHIP 48 SOUTH, P~GE 25 EAST, COLLIER COb~TY, FLORIDA, CONSISTING OF 33.6~ ACRES; PROVIDING FOR THE REPEAL OF ORDIN~CE N~4BER 90-26, THE FORMER ~WMET~ P~ZA PUD; ~D BY PROVIDING ~ EFFECTIVE DATE. WHEREAS, Robert Duane of Hole, :4ontes & Associates, Inc., representing Jim Colosimo, Trustee, 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; The Zoning Classification of :he herein described real property located in Section 16, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8516N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. Ordinance Number 90-26, known as the Lawmetka Plaza PUD, adopted on March 27, 1990 by the Board of County Commissioners of Collier County, is hereby repealed in i~s entirety. 2B2 Tkis Ordinance shall become effective upon filing with the Department of SZate. PASSED ;uND DULY ADOPTED by %ke Board of County Commissioners of Collier County, Florida, this __ day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman Assistant County Attorney f/Pb~D- 8 9- 2 3 ( i) LAWM ETKA PLAZA , A I'I,ANNI(1) UNIT I)EVELOI'MENT EXItlBIT A Prepared for: .JIM COLOSIMO AS TRUSTEE 4099 Tamiami Trail North. Ste. 305 Naples. Florida '.34103 Prepared bx': IIOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples. Florida 34102 And YOUNG, VANASSENI)ERP AND VARNADOE 801 I.aurcl ()ak Drive. Ste. 300 Naples. Florida 34108 October. 1998 lIMA File No. 98.112 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals TABLE OF CONTENTS Page SECTION I - Statement of Compliance ................................................................................................... 1 SECTION II - Property Ownership. Legal Description Short Title and Statement of Unilicd Control ...2 SECTION III - Statement of Intent and Project Description .................................................................... 3 SECTION IV - General Development Regulations .................................................................................. 4 SECTION V - Permitted Uses and Dimensional Standards tbr Tracts ,,\ and B ...................................... 8 SECTION VI - Permitted Uses and Dimensional Standards for Tract C .............................................. 11 SECTION VII- Environmental Standards ........ :':: ................................................................................... 13 SECTION VIII- Transportation Requirements ....................................................................................... 14 SECTION IX - Utility and l:'nginccring P, cquirements .......................................................................... 15 SECTION X - \Vatcr Management Requirements .................................................................................. 17 EXIIIBITS Exhibit A - PUD Master Plan Exhibit 13 - Legal Description SECTION I Statement of Compliance The development of approximately thirty-four (34) acres of property in Collier Count'< as a Planned Unit I)cvelopment. to be known as l.awmctka Plaza. ',','ill be in compliance with thc goals, objectives and policies of Collier County as set Ibnh in the Growth ,Xlanngcmcnt I'lan. The commercial uses or' Lawmetka Plaza will be consistent with growth policies, land development regulations, and applicable Comprehensive planning objectives o f each of tile clements of the Growth Management Plan for thc following reasons: 1. The subject property is located in an area idcntitied as an Activity Center on thc Future l.and Use Map of the Collier County Growth Management Plan. Activity Centers arc the preferred locations Ibr tile concentration of commercial and mixed use development activities. The subject tract is located on the norlhwest corner of the intersection of U.S. 41 and Wiggins Pass Road. This strategic location allows the site superior access lbr thc placement of commercial activities. The project shall be in compliance with all applicable County regulations including the Grox~qh Management I'lan. o The project will be sen'ed by a complete range of services and utilities as approved by the Improvements are planned to be in compliance with applicable land development regulations as set tbrth in Objective 3 of the Future Land Use I':lemcnt. 7. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.I I and I. of thc Future Land Usc Element. The project development is planned to incorporate natural systems lbr water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of tile Drainage Sub-Element of the Public Facilities F. lcment. All final Local Development Orders lbr this project arc subject to the Collier County Adequate Public Facilities Ordinance. IIII III 7'7 III I 2.1 2.2 2.3 ' ?.:,;~}SECTIQN II ,. Property Ownership. Legal Description Short Title and Statement of Unified Control Propcrw Ownership Thc subject property is currently under the ownership of a land trust of which Jim Colosimo is Trustee. [renal Description All tlmt part oftl~e southeast V~ of the northeast % of Section 16. Township 48 South. Range 25 East. Collier Count.,.'. Florida. General Description of Propertv,~, The subject property is located o.n,,,the northwest comer of Wiggins Pass Road and U.S. 41. The zoning ofthe subject property prior to the application ofrezoning is PUD. Physical Description The site is generally fiat and naturally drains to the east and \vest. Access to the property will be ,.'ia four entrances, two on U.S. 41 and two from Wiggins Pass Road. A wetland Preserve Area. comprising 8.5 acres, is located along the western portion of the property. The flood elevation of the subject property is A.E. I 1. Simrt Title 2.4 This ordinance shall be known and cited as the "Lawn~etka Plaza 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 PUD Ordinance. SFCTI()N 111 1 3.I 3.2 3.3 Statement of Intent anti Pro. icc{ Description Introduction 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 ii. DC} that will permit approximately thinv-lbur {34} acres of retail, office, hotel/motel usc. including 8.5 acres of Preservation Area Ibr the subject prope~y. The purpose of this document is to set fo~h guidelines lbr the l~ture development of the project that meet acccpted planning principles and practices, and to implement the Collier County Growth Management Plan. Proiect l)escription It is the intent of this project to create an integrated commercial development with a compatible mixture or'commercial land uses and open spaces. The developer, who has unified control over tile subject property, intends to commence development ora mixed use activity center Planned Unit Development (PUD). It is thc intent of thc developer to develop architecturally unified commercial establishments based on the concept of arrangement and unified management control. Thc unified development approval under the PUD district designation ,,,,'ill ensure that tile shopping center is aesthetically pleasing and functionally efficient. It will allow an efficient pattern of internal circulation to be established and limited points of vehicular ingress and egress. These functional and aesthetic advantages, which cannot be provided in the conventional strip commercial development configurations, have been maximized and shall be sustained in thc approval of this Planned Unit Development. l.and Use Plan and Proicct Phasin,.z Bo The PUD Master {'lan contains a total of three (3) tracts consisting of development areas tX. B. and C and one Tract D consisting of an upland and wetland Preserve Area in addition to street right-of-way. The Master Plan is designed to be flexible with regard to the placement or' buildings, tracts and related utilities and water management facilities. More detailed plans will be submitted at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, tile LDC and Local. State and Federal permitting requirements. All tracts may be combined or developed separately subject to compliance with tile applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately five (53 .,..'ears from tile time of issuance of the first building permit. SECTION IV (.icneral Developn'~ent l~cgulations The purpose of this Section is to set t'ortl~ tile development regulations that may be ;:pplicd generally to the development ol'the Laxvmctka Plaza Planned Unit Development and Nlas~cr Plan. 4. I General The Ibllowing are general provisions applicable to the PUD Master Plan' Regulations Ibr development of tile Lawmetka Plaza PUl) shall be in accordance with the contents of this docunmnt, the PUD-Planned Unit Development District and other applicable sections and pans of the Collier County Land l)evelopment Code (LDC) and Growth *Ianagement Plan in cfl'ect at the time of issuance oFanv development order to which said regulations relate v,'hich authorize tile construction ol'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 ma.',' be agreed to in the rezoning ol'the property. In addition, an,,' successor in title or assignee is subject to tile commitments within this agreement. Unless otherwise noted, thc delinitions 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 Ibr the development o1' tile Lawmetka l"la:,~a PUD shall becornc part of the regulations which govern the manner in which this site may be developed. Do Development permitted by the approval of this petition ,,vill 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 ti'tis development. Unless spccitically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided tbr in this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be perlbrmed in accordance with the Collier County LDC and the standards and commitments of tllis docunlent in -4- 4.3 4.4 4.5 4.6 1 effect at the time of construction plan approval. F. asements for Utilities l£ascments, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary eascnmnts. dedications or other instruments shall hc granted to ensure thc continued opcrati(m and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at thc time construction plans ,'md plat approvals are requested. Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within thc context of the development standards contained in this ordinance. ,,\mendn.tcnts to this Ordinance and PUD Master Plan shall bc made ptirsuant to Scctim.t 2.7.3.5 of thc Collier County kDC in effect at thc time st,ch amendment may bc rcqucstcd. .project Plan Approval Requiremer~ts l-~xhibit "A". the PUD Master Plan. constitutes the required PUD Development Plan. Subsequent to. or concurrent with PUl) approval, a Preliminary St,bdivision Plat (il' required) shall bc submitted lbr the cntire area covered by thc PUD Master Plan. All division of properly and thc development of the land shall be in con.tpliancc with thc subdivision regulations set/brth 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 ofthe LDC. final plnns of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUI) Master Plan. thc County Subdivision Regt, lations arid thc platting laws of thc State of Florida. Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3. Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur. Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. Provision lbr Off-site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of xvatcr management facilities or to otherwise develop water bodies is hereby permitted. If. alier consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also hereby permitted sulliect to the Ibllowing conditions: ~55~ ' :, -5- 4.7 4.8 4.9 Excavation activities shall cornpl.v with the dcthlition ora "I)cvclopmcnt ;xca 'atlon pursuant to Section 3.5.5.1 3 of the LDC. whereby ell:site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20.000 cubic yards. ,,\ timetable to facilitate said removal shall be submitted to the l)cvelopment Scrx~ccs Manager lbr approval. Said timetable shall include tile lenuth el'time it ,,,.'ill take to complete said renloval, hours of operation and hat, 1 routes. C. All other provisions of Section 3.5 of the [.DC arc applicable. Sunset and .Monitorine Provisions l.awmetka l'laza PUD shall be subject to Section 2.7.3.4 of the LDC. Time l.imits ,.\pprovcd PUD Nlastcr Plans and Section 2,7.3.6 Monitoring Rcquircnlents, Pollin,2, I'laces Any community recreation/public building/public room or similar common facility located within tile Lawmctka Plaza PUD may be used for a polling place, it' determined necessary by the Board el'County Commissioners upon recommendation of tile Supervisor of Flections in accordance with Section 2.6.30 of the I.DC. Native Vctmtation Thc project will meet the native vegetation requirements of I)ivision 3.9. Vegetation Removal. Protection and Prcscn'ation of the I.DC for the subject property. 4.10 4.11 4.12 Open Space ()pen space may be in the tbrm of landscaping, additional buffers, passive or active recreation areas and water management facilities. Thc total aggregate ot' such open space areas shall meet or exceed the open space requirements of Sec. 2.6.32.3 of thc which requires a minimum of thirty (30) percent for commercial developments. majority of the open space area for thc project is provided in thc 8.5 acre Preserve .,\rca. parcel I). Arcbacolo.~ical Resources The developer shall be subject to Section 2.2.25.8.1 of the LI)C pertaining to archaeological resources in the event that they are contained on tile property. Common Area Maintenance Common Area Maintenance. including the maintenance of common facilities, open 4.13 4.14 4.15 12B2 sp:tccs, and xvatcr management lhcilitics shall bc thc rcsponsil'filit.v ~,l'a homc{,,vncrs' association to be established by thc developer. :\rchitectural and Site l)esiun Standards All development within Lawmetka F'laza shall be subject to Division 2.8 ol'thc I.DC and architectural considerations shall be unified for each tract including buitdinu dcsi,.2n. landscaping..and signage. The development of the first tract will set thc st:fndard~' Ibr other development areas, unless architectural guidelines arc established in advance of development of thc tirst tract in the form ol'dccd restrictions t)r other measures acceptable to Collier Count>'. .qiens Ail signagc shall be in conlbrmance with Division 2.5 of the IA)C: however, platted interior tracts are permitted two (2) ground signs at the tract entrance, not it) exceed a total of one hundred and txvcntv {.120) l~et at cacb tract entrance. ['arkinu 4.16 4.17 .,\11 development shall be subject to Division 2.3 of the LDC, Off-Street l'arking and Loading. I.andscaping All landscaping shall be in conlbrrnancc with DiVision 2.4 of thc I.DC. Utility Areas Utility areas, including trash receptacles, shall be completely screened from the view of customers and adjacent property owners to a height o1'6 fcct above finished grade. 5.1 5.2 5.3 SI!CTION V ['crmittcd Uses and Dirncnsional Standards for Tracts ,,\ and l~ Purpose : Thc purpose ol'this ,gcction is to identity' permitted uses and dcv¢lopnmnt standards For Tracts ,,\ and B within the l.awrnctka Plaza PLJD designated l'or commercial development on tim PUD Master Plan. Exhibit : . Development Intensity :\ maximunl ol'tv.'o hundred-thirty thousand (230.000) square l'cct o1' floor area is allowed tbr permitted retail and office uses on l. awmetka Plaza's parcel ,~\ and P, or subdivisions, thereof, t\ maximum of fi)~5~thousand (40.000) square ~L'ct of retail or office usc is permitted on parcel C. (See also Section VI of this Ordinance.) Hotel/motel uses may be developed at twenty-six (26) dwelling units per acre on Tract ,,\ and/or C and may include all or a portion of tile Preservation ,,\rca on parcel D. adjacent to Tracts A and C in calculating the number ol'hotcl/n-~otcl units permitted. (;eneral Description The PUD Master Plan designates the lbllov,'ing uses Ibr each tract dcsi,.2natcd on thc l'[SD Master Plan. ~ TRACT ACRES tt EIG tiT USE :\ 16.4 50 R. ctail. OFfice. I totcl/Motcl P, 2.7 35 Rctail or Ol'ficc C 4.9 50 l h>tcl/Nlotcl or Retail ()/'rice' I) 8.5 N.,'\. Preservation Area ROAD 1.5 . N.A. Road TOTAL 34 *()tiler uses are also permitted on Tract C. (See Section VI of this Ordinance.) I I 5.4 5.5 5.6 ri ....... r .... m - III II ' ......... .... ' .... 2B2 The approxinmte acreage ol'commerci:.~l tracts is depicted on tl~e PUl) .Xlaster Plan..Xctual acreage of all development tracts will be provided at the time of Site Development Plan Preliminary Subdivision Plat approvals in accordance with Article 3. I)ivision 3.3. and Division 3.2. respectively, of thc Collier County l.and l)cvelopmcnt Code. All tracts arc designed to accommodate internal roadways, open spaces, water manauement lhcilitics, and other similar uses to support non-residential development of li~e su(j~ct properb.. I'ermittcd Principal {!scs and Structures No building or structure, or part thcreoE shall be erected, ahercd or used. tlr land used. in whole or part. for other than the following: l'ermittcd commercial and conditional uses allowed in thc C-3. Commercial lntcm~ediate District. as oI'the eflkctive date of adoption et'this ()rdinance. cxcludinu l lomclcss Shehcrs and Soup Kitchens. l'cnnitted commercial and conditional uses in the C-4. (;cncral Commercial District with the exception of the lbllowing uses: Bottle Clubs: Fuel Dealers (groups 5983 -- 5989): Automotive repair sen'ices, p~king (groups 7514.7515. 7521 ): Amusement and recreational services, outdoor (groups 7948. 7992. 7996. 7949): l tomeless Shelters. Soup Kitchens. Justice. Public Order and Satbtv (groups 9222-9224): Communication Towers above spccillcd height, subject to Section 2.6.3.5 of thc I.DC. Pcrrnitted ,.\ccessorv i Jses arkt Structures No building or structure, or part thercol: shall be erected, altered tlr used. on land. in v, holc or part. tbr other than the following: ..\. :\cccssorv uses and structures customarily associated with the above permitted commercial principal uses and structtircs. Dimensional Requirements Minimum Lot Area Twenty lhousand (20.000) square feet B. Minimum I.ot \Vidth (')nc hundred (100) square l'cct 111ll '-IIII II -~ .Xlinimum Yard l~.¢quircments Frorn l)roject Perimeter boundary lines - thirty-live (35) feet. l:rom internal tract boundary lines - twenty (20) feet. Distance bctwcen principal structures shall be a miniature of twenty~live (251 feet or one-half(I/2) tile sum ol'the heights of thc txvo buildings, xxhichcver is greater. Nlininmm Floor Area of Principal Structure 1000 square feet per building on the ground floor except that Freestanding specialty structures ol'nationallv recognized standard size less tllan 1000 square Feet sllall be permitted when site plan approval bas been received. Maximum I tei,.2ht (5. lt. J. Filly (50) lbet above linished grade lbr Tract tX and thirty-five (35) lbct above linishcd grade tbr Tract 13,. ,~' Minimum ()fl:Street Parking and Off-Street Loadintz Rcquiren'~cnts As required by l)ivision '*" _..~ of thc I.DC. N, linimum l.andscaping l~,cquircnlcnts ,'ks required by Division 2',4 of tile LDC. Merchandise Stora,.ze and Display Unless specilicall.v permitted by certain uses. there shall be no outside storugc or display of merchandise. l.ighting Lighting facilities shall be arranged in a manner tllat will protect roadways and neighboring properties from direct light. [ {otel/Motel Use Should hotel/motel uses develop on Tract ;\. such uses shall be subject to tile requirements of Section 5.2. Development Intensity. of this Ordinance and tile requirements of Section VI. ./2B2 6.(.} PUI~P{}SI'~ ,";I~CTION V'I l)crmittcd Uses and Dimerlsional Requirements for Tract C 6.1 Thc purpose of this Section is to set tbrth the permitted uses and land development regulations for Tract C designated on the PUD Nlaster Plan, along with other permitted uses. USES PEP,.MITTED No building or structure, or part thercofi shall be erected, ahcrcd or used. tlr hind or water used. in whole or ill part. for other than the following: :\. t'rincipal Lists: 3. 4. 5. 6. 7. 8. 9. 10. I1. 12. tlotcl Motet l lomcs for the ,,\ged I lospiccs Adulffchild care centers Convalescent centers Nursing I tomes Rest homes Sanitariums Aduh Congregate Living Facility Retail or off]ce use as pein'fitted bv Section 5.4.* Any other use which is comparable in nature with the foregoing uses and which thc director determines to be compatible in thc District. *A maximum floor area of forty (40) thousand square feet is allocated to this parcel, it' it does not develop v,'ith hotel/motel uses. and development intensity mav be shifted between parcels. In the event that Tract C develops with a mix of motel and retail tlr office uses. 4.8 motel units can be converted for each 1.000 square fcct of retail or office area. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with.the uses permitted in this District. 6.2 DIXlENSIONAI. RI!QUIRIiMENTS .,\. Minimum l.ot ..\rea I). One (I) acre Minimum Lot \Vidth ()ne hundred (100) feet Minimum Yard Requirements From }'rojcct l'crimctcr boundary lines- thirty-live 135) feet. From internal tract boundary lines- twenty (20) feet. Distance between principal structures shall be a minimum or'twenty-live 125} feet or one-half the sum oFthe heights of the two buildings, whichever is greater. Maximt, m l tciui~t G. Fifty (50) feet above the linished grade. Minimum ()Fl'-Street I'arkin~ nnd Oil'-Street l.oading Requirements As required bv Division 2.3 oflhe I.DC. Minimum l.andscaping Requirements ,,Ns required by l)ivision 2.4 of'the I.I)C. Lighting Lighting facilities shall be arranged in manner which will protect roadways and neighboring properties From direct light. SF. CTI©N Environmental Standards Thc purpose of this Section is to set fortl'~ the environmental commitments of thc Project I)eveloper. 7.1 :\n 8.4 acre upland and wetland Preserve Area is located along thc western portion of the subject property and is permitted to be used lbr open space and passive recreational usc only. All prese~,ation areas shall be designated as consen'ation/preservation tracts or easements on all construction plans nnd shall be recorded on tile plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3._.8.4.7.~ of the I. DC. 7.2 :\ (Joptler Tortoise relocation plan shall be submitted to Current l'lanning f~nvircmrncntal Staff fi)r review and approval prior to final site plan/construction plan approval. The approved language shall be added to the site development plan or construction plans. ()fl:site relocation may be required if the applicant carmot provide adequate habitat tbr on-site relocation. 7.3 Petitioner shall be subject to the Collier County Growth Management Plan l'olicv 12.1.3 contained in the Conservation and Coastal Management Element (discovery o fa archaeological or historical site. artifact or other indicator of preservation ). 7.4 7.5 7.6 Environmental permitting shall be in accordance with tile state of Florida Environmental Resource Permit Rules and be subject to review and approval bv Current Planning Environmental Review Staff: Removnl ofexotic vegetation shall not be counted towards mitigation tbr impacts to Collier Count.,,' jurisdictional wetlands. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edue of wetland preserves in nll places and averaging twenty-five 125) feet from the landw~rd edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Stall: Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.4 of the Collier Count.,,, LDC and the Preserve Areas. shall be generally provided for as depicted on the PUD Master Plan. Exhibit A. An exotic vegetation removal, monitoring and maintenance (exotic free) plan tbr the site. xvith emphasis on the preservation area. shall be submitted to the Current Plannintz Environmental Review staff for review and approval prior to Final Site Plan/ConStruction Approval. A schedule lbr exotic removal with all Preservation Areas shall be submitted with the above mentioned plan. -13- i 7.7 l'etitioner shall comply with the guidelines and rccm'nmcndations of thc [5.S. Fish & Wildlife Service (USF\VS) and Florida Game and Fresh \Valet l:ish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected. species are observed on site. a habitat management plan for these protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Approval. IIII SL:CTION VIII Transportation Requirements The purpose of this Section is to set lbrth the transportation commitn~cnts of the project development. 8.1 8.2 8.3 8.4 8.5 8.6 8.7 g.8 Subject to Florida l)epartment of Transportation approval, thc developer shall provide left and right turn lanes on Tamiami Trail at both project entrances. Should anv of the required turn lanes be constructed due to other development activity in thc area prior to completion of this project, the developer shall provide a fair share reimbursement of the cost of such construction. The Florida Dcpartment of Transportation and Collier County each reserve the right to control median openings, both existing and future, and to limit access points to right turns in and right turns out. 8.9 '['he developer shall provide left and right turn lanes on \Viggins Pass Road at thc project's two entrances. .-\11 road access points requiring turn lanes and use of existing right-of-way shall provide tbr compensating right-of-v,'ay dedication. Existing drainage easements, future drainage easements, and planned preserve areas shall remnin available to Collier Coulllv and Florida Department of Transportation for future roadway water management purposes subject to appropriate capacity controls and operating controls. The responsibility for maintenance of such areas shall remain with thc developer/owner and/or assignees. The northern access on Tamiami Trail The developer shall be responsible Ibr signal installation itt Old U.S. 41 so as shall be in aliunmcnt with Old [; ' ~ ,.S. 41 (Ct,', 887). any and all costs incurred in modil:ving thc traffic to accommodate the project. The road impact fees shall be in accordance with the fee structure set lbrth in Ordinance 92-22 or as may be amended and shall be paid nt the time building permits are issued unless otherwise approved by the Board of Countv Commissioners. All required access impro'ccments shall bc in place betbrc any certificates of occupancy are issued and shall not be subject to impact fee credits. All traffic control devices used shall conlbrm to requirements or'the Manual on Unilbrm Traftic Control Devices as required by Chapter 316.0747. Florida Statutes. The determination as the whether roadways internal to the project arc public or private is at the discretion of the Count.','. SEC I ION IX [.;tilitv and Engineering l~,cquircmcnts The purpose of this Section is to set forth tile utilities and engineering commitments of tile prt\icct developer. 9.1 Utilities Water distribution, sewage collection and transmission and interim water andq~r sewage treatment facilities to serve thc project arc to be designed, constructed. conveved, owned and maintained in accordance with Collier County ()rdinanc¢ No. 88-76. as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed ,.,.'ill be customers of the County and ,.,.'ill be billed bv the County in accordance with the County's established rates. Should the Cotmty not be in a position to provide sewer service to thc project, thc sewer customers shall bc customers of the interim utility established to serve the project until tile County's oil: site sewer facilities arc available to serve the project. Prior to approval of construction documents by thc County. thc developer must present verification, pursuant to Chapter 367. Florida Statutes. that tile 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 scv.'cr Facilities. I). The utility construction documents tbr Ibc project's sewerage system shall contain the design and construction of an onsite force main. which will uhimatcly connect thc project to the future central sewerage facilities of Collier County. Thc tbrcc main must be interconnected to the pump station with appropriately located valves to permit tbr simple redirection of the project's sewage, when connection to thc (_'otmty's central sewer facilities becomes available. Prior to or at the time of submission of construction plans and linal plat lbr tile project, tile potable water suppl.',' from the Collier County Water-Sewer District to serve this project shall be installed adjacent to tile property and be in service. 9.2 Engineering, mo Detailed paving, grading, site drainage and utility plans shall be submitted to tile Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans shall be submitted to the and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services I)epartment. D. Design and construction of all improvements shall be sul.2iect to compliance with thc appropriate provisions of the Collier County I. DC. ,Subdivision of the site shall require platting in accordance with Section 3.2 of I,DC to del]ne tile right-of-way and tracts shown on the PUl) Master Plan. The developer and all subsequent owners of this project shall be required to satisfy the requirements or'all County ordinances or codes in effect prior to or concurrcnt 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 tile issuance ofa tinal development order. J. 2B2 SliCTI()N X \Vater Management Requirements The purpose of this Section is Io set forth the water managc,nent commitments of lhe project developer. 10. I 10.2 Detailed paving, grading and site drainage plans shall be submitted to thc l)cvclopmcnt Services l)cpartmcnt for review. No construction permits shall be issued tlnlcss and until approval or'the proposed construction, in accordance xvith thc submitted plans, is granted by the Development Sen'ices Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. except that excavation lbr water management features shall be allowed within twenty (20) feet from side. rear or abutting property lines with side. rear or abutting property lines fenced. 10.3 Landscaping may be placed within the water management area in compliance with thc '3 criteria established within Section _.4.7.~ of the LDC. 10.4 The ,.,.'ct season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. I0.5 One half(I/2) inch ofdry pretreatment shall precede the discharge of any water into the preservation area or whatever alternate conditions may be incorporated into thc South Florida Water Management District permitting requirements. 10.6 The stormwater system shall be reviewed and approved by Collier County Public \Vorks Engineering (P\VED) in order to verity' its consistency with thc Wiggins Pass outfall project now being designed by PWED. 12B2 ~ EXItiBIT LEGAL, I)ESCRIPTION All that part of thc southeast ¼ of the northeast % of Section 16. Township 48 South. Range 25 East, Collier Count>', Florida. I II III II II ! I I I I I I I I I LAWMETKA PLAZA AN APPLICATION FOR PLANNED UNIT DEVELOPMENT Prcpnred for: ,115I COLOSIMO AS TRUSTEE 4099 Tamiami Trail North, Ste. 305 Naples, Florida 34103 Prepared by: IIOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples. Florida 34102 October, 1998 I-IMA File No. 98.112 22h'2 I i I I TABLE OF CONTENTS 1. Cover Letter and Justification 2. Application 3. PUD Requirements Checklist 4. Project Location 81/2'' x 1 1" 5. Stormwater Management Calculations 6. Utilities I'rovisions Form 7. Environmental hnpact Study 8. Pud Document Exhibits A.o PUD Master Plan Map Set 1. PUD Master Nan 2. Conceptual Water Management Plan 3. Aerial W:\ 1998\98112\RLD\TA BCONAI'PL.DOC 12B2 I HOLE. MONTES & ASSOCIATES. INC. ENGINEERS PLA;;;;ERS SURVEYORS Preserving and enhancing Florida's quality of life since 1966 I October 5, 1998 Mr. Ronald Nino Collier County Plain'ring Sen'ices Current l'lanning Departnmnt 2800 Norlh I Iorseshoe I)rive Naples. Florida 34104 I SUI?,J F-CT: l.awmctka Plaza tlMA File No. 98.112 Dear Mr. Nino: . I I I I I I I Attached please find seventeen (17) copies of an application lo amend tile [.awmctka l'laza I'[51) Ordinance 90-26. along with a check in tile amount of $2.475.00 to process thc petition and E.I.S. Thc l.awmctka Plaza I'UD was granted a two ','car extension on I)cccmbcr 3. 1996. Resolution 96-568. I. Backtzround Access to tile site will be provided from both U.S. 41 and \Viggins Pass Road on access points depicted on tile PUD Master I'lan. which include two access points onto U.S. 41. which are consistent with Collier County Access Management Plan for this Activity Center. Two access points are also proposed onto Wiggins Pass Road. The right in-right out proposed 200 feet from the U.S. 41 Wiggins Pass intersection is currently not depicted on the Access Management Plan for this Activity Center but is presumed not to have a significant impact on Wiggins Pass Road. All other access for individual lots or tracts ,,,,'ill be provided internal to the project. 715 TEf,Tr~ c.G"~:";--[ "r .?",LJD* [,D'Y;T ©I'FICE BC)~ 15fi~ rl;.PLLL; FLOF~IC;& 3-11Ci., ?."-1-?C2 .:6!7 fA.,, 941 2~.2.3'374 12B2" I I I I I I I ! I I I I Mr. Ron Nino Lawmctka Plaza IIMA File No. 98.112 October 5.1998 Page 2 Tim subject property is surrounded to tt~e north and ,,,.'cst by Tarpon Cove. a zoned Planned Unit residential project. Portions of Tarpon Cove arc currently under construction, at the present time. On the south side of Wiggins l'ass Road is ti~c Bob Gcrmain automobile dealership zoned PUl) and vacant lands at thc intersection zoned C- 4. ()n thc cast side of tJ.S. 41. mmh of Wiggins Pass Road. lands arc zoned C-4 and arc developed with a convenience store. Lands south of Wiggins Pass Road and cast of [.;.R. 41 arc presently vacant and arc zoned Ibr a PUl) tk, r commercial uses. Thc subject property is comprised of a mix'of wetland and uplands that are described in lkmhcr detail in thc attached E.I.S. A wetland Preserve Area is depicted on the current PLlI) Nlaster Plan in thc northwestern ponion of the property and in a l'rcscrvc Area running through the middle of thc property, which constitutes a wetland slough area. The proposed plan for the property is to reconfigure the Preserve Area running through thc middle of the property and provide for 8.5 acres of upland and wetland preservation area. which will provide for better screening and buffering to adjacent uses to the west in Tarpon Cove. The preservation area proposed comprises about 25% of the property and exceeds thc 15% native vegetation retention requirement required by Section 3.4.5.5.4 of the I.I)C. I I I I I The changes to the wetland Preserve Area are a result of on-going permit negotiations with the South Florida \Vater Management District (SF\VMD). Per previous agreements with County staff, applications were filed.with the SFWMD and U.S. Army Corps of Engineers to permit the current PUD Master Plan. District staff raised concerns about the long-tem'~ viability of the wetland preserve, which runs throt, gh the middle of the property, as a result of being surrounded by intense comrrmrcial uses. District stuff encouraged the re-configuration of the preserve to encompass a single block of acreage I I I I I I I I I I I I I I I Mr. Ron Nino l.awmctka Iqaz. a lIMA File No. 98.112 October 5. 1998 Page 3 v,'ith a mix of uplands and wetlands that would complement thc ad.iaccnt preserves on thc Tarpon Cove property. :ks a result, tile Preserve Area is being re-designed as shown on tile proposed plan. In addition, extensive off-site mitigation within CRF.\V is contemplated to further compensate for wetland impacts. In summary, current zonino and land use patterns and available access from both arterial o ~' and collector roadways arc conducive to supporting continued retail use of thc sub cci property, along with proposed wctkmd mitigation. 2. Proposed Chanues The PUD Master Plan presently includes uses and standards tbr office, neighborhood commercial, and a spccialt.v commercial area with tracts designated for each use. The uses for these three areas have been consolidated into one group o1' uses that generally permit uses permitted in the C-3 and C-4 zoning districts, including some of tile Conditional Uses iii both Districts. The Conditional Uses not included as permitted rises in tile PUD are generally those deemed to be out of character with the principal retail use of the property. Therefore. uses permitted in the revised PUD document are generally similar in character to uses permitted today in tile PUD ordinance. l?,uilding height on the existing PUD Master Plan is limited to 35 feet for the neighborhood commercial parcel, which is located south of the existing slough area (parcel A) proposed to be relocated and running through the middle of the property, and 50 feet for the specialty retail area that is currently located to the north of tile slough area (parcel B). (See attached existing PUD Master Plan.) The office area. parcel D. and the -I I IIIII r -- II '- ~ IIII 2t3'2 I Mr, Ron Nino Lawmctka Plaza t lMA File No. 98.112 October 5. 1998 Page 4 motel area. parcel C. arc also permitted a height of 50 fcct on thc existing I'UI) Nlastcr Plan. I I I I Since the slough area is proposed to be eliminated in favor of thc rcconfigurcd preserve area along thc western edge of thc property, as noted, there is no longer a logical basis to difl~rcntiatc thc height between parcels A and B on thc existing I'UI) Master Plan. Thcrclbrc. a 50 tBot height is proposed throughout thc new parcel A on thc proposed PUD Master l'lan. Thc ofl]cc. Tract D. on thc old PUD Master Plan. which is currently permitted a height of 50 l~ct is now eliminated in l~vor of thc new Prcscrvc Area thereby creating hzrthcr separation [Yom Tarpon Cove to the west. Thc height of thc proposed parcel B adjacent to Tarpon Cove will remain at 35 feet on the proposed PUD Nlastcr Plan and parcel C will remain at a height of 50 feet. I I I '1 i I I In summary, building heights are increased from 35 to 50 feet. along a portion of \Viggins Pass Road outside of the boundaries of parcel B on the proposed PUD Master l'lan. Thc 15ftccn feet of additional height, requested along \Viggins Pass Road. is across the street from C-4 zoned lands on the south side of U.S. 41 and \Viggins Pass Road that are permitted building heights of up to 100 feet. The depth of the commercial zoning on the south side of U.S. 41 is coterminous with the boundary of the Lawmctka Plaza PUI). Another change to the PUD is that Tract C is proposed to be eligible tbr either motel or retail and off'ice uses. Presently, Tract C is limited to motel uses only on the old PUD Master Plan. Thc maximum retail or office floor area is 40.000 S.F. lbr Tract C. The ratiouale for the 40,000 S.F. limitation on office or retail use on the new proposed Tract C, is to allow the potential to incorporate it into one larger retail area, should the I I I I I I I I I I I I I I I Mr. Rea Nine Lawmctka Plaza ItMA File No. 98.112 October 5. 1998 Page 5 need arise. Forty thousand (40,000) square fcct of retail lloor area is proposed because this amount of development intensity is equivalent or less in development intensity than the corresponding motel use of Tract C. For example, according to tile 6"' l:.dititm oJ'7)'il; Generatiom a motel unit generates 8.92 avcraue daily trip ends per unit. It is fttrthcr assumed that 238 motel units could be constructed on Tract C by shifting 4.25 acres of density fron~ tile Preserve Area (one hall' its area) and combining it with Tract C, v.'hich comprises 4.9 acres. Thc resultant number of trips, therelbre, is 2.122 trips from 238 motel units. '['he average daily traffic for a shopping center greater than 100.000 S.F.. according to thc 6" Edition o.f'l)'ip Ge~wration. is 42.92 trips per 1.000 S.F. of floor area. Thcrclk)rc. 40.000 S.F. of retail area allocated to Tract C can be expected to generate 1.717 trips or less traffic than 238 motel t, nits. Therefore. there is no proposed increase itl development intensity by permitting 40,000 S.F. of retail or office uses on Tract C. ltl the event that Tract (2 develops with a mix of motel and/or office or retail uses. a conversion factor of motel use to retail or office usc is established in tile PUl) ordinance itl Section Vi. This conversion t;actor allows 4.8 motel units to be converted for each 1.000 S.F. of retail or office area. based on 8.92 trips for each motel unit divided into 42.92 trips per 1.000 S.F. of retail or office area. Since office uses generally arc less intensive than retail uses. tile tk, rmula proposed is presumed to be conservative. In summary, a total of 270.000 S.F. of office or rctail usc is tile maximum amount of floor area proposed in the PUD amendment for parcel A. B. and C. should motel uses not materialize on parcel C. 2B2 I I I I I I I I I Mr. P, on Nino Lav,'mctka Plaza i lXlA File No. 9g.112 October 5. 1998 Page 6 In closing, the permitted uses and developmelu intensity proposed for the I)UI) amcndmcm for I.awmetka Plaza are not fundamentally different than what the PUl) Master l)lan and ordinance permits today, olher than groups of uses bare been consolidaled and tract boundaries reconligured to accommodate tile new Preserve Area. ,lot withslanding changes, as noted regarding height, and tile allowance for inclusion of retail or office use on Tract C. l:urthemmre. standards nrc incorpornted into tile PUD that all landscaping, signage, and architectural building s:.vle shall be tmilSed, and miscellaneous changes nrc made [o bring the PUl) ordinance up to current LDC standards includir~g standards for minimum lot size nnd width, which v,'¢r¢ not incorporated imo the old PUD for nil tracts. Minimum building separation was also increased from 15 Io 25 feet in tile proposed PUD amendment. l['l can provide you anv further information, please don't hesitate to contact mc and I trusl thc changes proposed in the PUl) amcndmcut will meet wilh .your approval. Very truly yours. HOI.F.. MONTES AND ASSOCIATES. INC. Robert [.. l)tmne. A.I.C.P. Plannin,, l)ircctor RI.D/dj cc: Jim I liironen Bruce Anderson t..~'. . 941 26Z 8507 p.02/03 TW[ NEAGLES ! I '1 I I I I I PETITION NUMBER i2B2 DATE APPLICATION FOR PUBLIC HEARING FOR REZONE AND CONDITIONAL USE REQUESTS PLANNED LP~IT DEVELOPMENT REQUESTS COMMUNITY DEVELOPMENT DIVISION CURRENT PLANNING Jim Colosimo, Trustee Name of Applicant(s) Applicant's'Mailing Address 4099 Tamiami Trail North, Suite 305 34105 City Naples State Florida Zip Applicant's Telephone Number: Res.: Bus. :(941) 262-3034 RE ' :;VED Is the applicant the owner of the subject property? Yes No X (a) If 'applicant is a land trust, so indicate and name beneficiaries .below. (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockhoide~s 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 actua% owners if not indicated on the lease. (f) If applicaht.is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. I(If space is inadequate, attach on separate page.) e I I I Bruce Anderson Name of Agent Robert Duane Firm 801 Laurel Oak Dr., Ste. 300 Agents Mailing Address 715 Tenth St, South Naples, Florida City maples, State Florida Young, VanAssenderp & Varnadoe Hole,Montes & Associates Telephone NumberJ Res.: Bus.: 34108 Zip 34102 (941) 597-2814 ¢941) 262-4617 oo 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 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. SECTION 16 TOWNSHIP &8 S 'RANGE 25 E The southeast 1/4 of the northeast 1/4 of Section I~, Township 48 South, Range 25 East e 7. Size of property 1273 ft. X 1086 Address or location of subject property ft. Acres 33.6 ~orthwest corner of Wiggins Pass Road and U.S. 41 Existing land elevation ±8 County F~ood Criteria Elevation A.E. 11 ~ a. Date subject property acquired ~ ) or leased ( ): day of August , 19 92 Term of lease .yrs./mos. b. If, Petitioner has option to buy, indicate date of option: N.A. and date option terminates: Does property owner own contiguous property to the subject property? If so, give complete legal;description of entire contiguous property. (If space is inadeqdate, attach on separate page). No FOR THIS APPLICATION IS INTENDED TO COVER: (Ch'eck which type of petition your are requesting): : REZONING: PRESENT ZONING PUD REQUESTED ZONING PUD Similar retail uses as permitte-~n current PUD. B. CONDITIONAL USE OF ZONING FOR :- 10.. REASON %~{Y APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): 11 IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? Yes X No IF YES, PROVIDE COPY OF THE DEED RESTICTIONS. 12. IS THIS REQUEST A RESULT OF A VIOLATION? No WHOM WAS THE NOTICE SERVED? 13. 14. IF SO, TO HAS A PUBLIC HET~RING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN' WHOSE N~J'~E? No I AFFIDAVIT ARE THERE EXISTING STRUCTURES ON THE PROPERTY? No CBS , FRfJ~E , MOBILE HOME , OTHER TYPE: We, ,~.~7~ ~. joa0fZ~ being first duly sworn, depose and say that I am are the owners of the property described herein and which is the subject matter of the proposed hearing; answers to the questions in this application, and all i].~ I that all the 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. I understand this application must be completed and accurate ~efore a hearing can be advertised~ I further pe~it the undersigned to act as our representative in any matters regarding this Petition. ~ GNATUR ~F OWNE~ ~.>~ SIGNAT~E OF OWNER ~e~ ~. (O~O~e~[o~--' SZGNATURE OF-AGENT ~ltake an oath. SEAL State of Florida County of Collier The foregoing Application was acknowledge~before me this 'is._~ersonally_knowh to me or who has produced ..... as identification and who ~{~ (did not) SUSAN E I,~EP.S [~y C.<.)r~r~l~n (~4g 1124 E ~p~'~'~ Aug. 23, lggg .~ iiREZONE/CU APPLICATION/md/7 / ~-7 / 9 2 (Prin~ Name of Notary Public) · NOTARY PUBLIC Serial/Commission f# ].ly Commission Expires:,~(~ Realty Co., Inc. i~arold M. Becker , lent investment Corp. Richard B. Armstrong 1991 Living Trust ,. Harbet Company Anchor Bay Communications Profit Sharing Plan Modern Marketing & Management Inc. O.L. Becker Trust Krishna Bhatt ~ ma M. Blazic The Bowen Family Partnership lay Castle-Brinker loy A. Cotcamp William D. DeVaux )Uval Evans Dr. Roger Bohn and Amy Peterson Bohn Mary Brett Frank P. Cleveland Richard B. Crosset, Jr. Estate //01-20000 Quinton J. DeBrosse, M.D. William Jay Doyle & Joan Marie Doyle, JTWROS Lois M. Evans Elroy E. Bourgraf Thomas C. Bruening Donald D. Coates John Davies Trust Agreement, dated December 9, 1994 Herkimer Co Tr Co, Custoidan for Barbara R. DeGarmo SD IR/ Zeddie L. Evans Living Trust dtd March 15, 1994 ~="Alan Glen Feies II, UIOH/UGMA ~nc, ~bert Gott & Joan L. Gott ,i~.~ .;erald W. Jardine IJanet K. Knauber Eiernd Ludwig ! ifaniei J. Martin Robert J. McCarthy II Julius Fejes Family Trust Larry Gildersleeve Charles Gozder James D. Jessee , ! Smulekoff Investment Co. Carolyn Maratea William A. Mauch Tikco Enterprises, Inc. Powell McHenry William A. Frech Stanley M. Gleason Glenn A. Heatey Richard L. Jaeger Janet K. Knauber F. PaulLogeman & CarolLou Logeman Daniel J. Martin Molly McCarthy Tom Michel & Company Profit Sharing Plan ~lHarold G Michel Trust Dtd 1- Bradley Motz :~dward G. O'Neil Self Directed iii_ ~Clark A. Oyler IJames FI. Stoecklitn Self )irected IRA ~/illiam W. Ventress Self Directed IRA I. '~herwyn & Ruth Wayne ! zlichael V. Withrow Harold G. Michel PNC BANK, Ohio, NA Trustee u/a W Bruce Motz dtd 10/31/90 Acct //70-70-001- 1033634 Thomas W. Osborn III & Janet K. Osborn WROS Robert D. Scheideler & Louise S. Scheideter Gary Ventress Patricia A. Wagner Dorsie R. Whisman or Mary Whisman WROS Patrick J. Withrow, M.D. Fiobert J. Miller Wade R. Nichols & Pamela V. Nichols Terry L. Overby Raymond Sheakley Jill Ann Ventress Airman Edward N. Wambach James N. Weghorst & Linda V. Weghorst III THIS WARRANTY DEED, made the .~;~__/n, day of _,'½'/iJ';/';.r" , JAMES R. COLOSIMO, TRUSTEE, under unrecorded Land Trust Agreement dated June 1, 1992 ("the Trust"), with full power and authority to protect, conserve, sell, lease, encumber or otherwise manage and dispose of the property which is the subject of the Trust as provided in Florida Statutes 689.071, whose FEIN No. is ~-Q~4~ ~nd whose pos~ office address is ~Og9 Tanj~mi Trail. First F!oLi~ Bank ~uild[nq, SecQnd Floor. Naples. Florida ~94Q, hereinafter called the Grantee. WITNESS~I{ That the grantor, for and in consideration of the sum of TEN DOLLARS and other good and valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains sells, aliens, remises, releases, conveys and confirms unto the crantee, all that certain land situate in Collier County, Florida, (SEE ATTACHED LEGAL DESCRIPTION AS EXHIBIT "A" INCORPORATED HEREIN AND MADE A PART HEREOF) Property ID # Q0!54640002 THIS IS NOT THE HOMESTEAD OF THE GPJ~NTOR. TOGETHER with all the tenements, hereditaments appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD the same in fee simple forever. and 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 taxes accruing subsequent to December 31, 1991, restrictions, reservations and easements of record, and except as outlined cn Schedule "A" hereto. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Si~ed, sealed and delivered ~n'/our pre~: /~ _: }~PLAW, INC., .... , , ) ~ JohN/Kaptyn, President ~ri~ted or Typ~d~a~ ~ Signature '" >'~"J5 Rece,ved $ ff~Per~ur, o' F,o~er~'l~a' ',i.,//,,- ',;; U f."z~ ~' ~ / ~ ._ or C9 .~O.C Printed Typed Name :~L~[RC0~N~'f CLEHKOF~U~% OF FLORIDA STATE COUNTY OF COLLIER The f. oreg~oing instrument was ackn_~owledged before me this -~/~ day f /~;/~.';'/J~' , 1992, by [/~;~-/~/~/3.F.//~ .... ~:$k;~j/~ .~-..., of KAPLAW, INC. . , a Florida < ~orporation, on behalf of the corporat~~rsonally known !~'~' to me and did not take an oath. /,' ~.'/3/ ~ : ,;'~ ~/~<.y ~ /i~-~...'./, '" ~. ( S ~L ) Typed Prirfted or Stamp6c~/NANe Certificate No. · -'.-'. 12B2 EXHIBIT "~__" THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 16, TOWNSHIP 48 SOUTH, R~I'IGE 25 EAST,'LYING WEST OF NEW U. S. 41, COLLIER COUNTY, FLORIDA II DATE: APPLICANT: PUD NAME: CHECKED BY: Submitted x IX X X I X X X X PLAY,NED U~4IT DEVELOPMENT REQUIREMENTS. CHECKLIST. .2B2 Jim Colosimo, Trustee : Lawmet ka Plaza (No duplications or over similarily is allowed) I. Ail requirements of a rezone application II. Document the property is under unified control III. Name of Consultants and their qualifications working on project' IV. Conceptual Water Management Plan V. Aerial Photograph A. Up-to-date - most recent available B. 1:200 scale, source and date C. Site boundaries D. Current land uses on surrounding properties VI. Master plan showing at a minimum: The PUD document shall include 8 1/2" x 11" reductions of all exhibits referenced in the PUD document. Large scale plans showing planning details will be submitted to adequately illustrate project development concepts. A. Title of project B. Name of developer Scale, date, north arrow, general location map showing relationship of site to highways, shopping areas, cultural complexes, etc. ~' $ IIIIII I IIII .......... I I I iiI I X · Ge ne Boundaries of property, existing streets and median cuts, land uses, watercourses, and other important physical features, access points. Propose~ use of all land within the project Location of areas to be dedicated to County.and/or public use - and their function Location and approximate size of all existing and proposed drainage and other water management features Location~and approximate size of all exiting and proposed water, sewer and other utility provisions Location and nature of all other existing public facilities such as schools, parks, fire stations and the like servicing the project Information about existing vegetative cover, soil.conditions, and other physical~features in sufficient detail to indicate suitability for proposed structures and uses. Typically included in on EIS. A conceptual plan showing pedestrian and vehicular circulation including general locations, widths, and recommended surface treatment of all major internal thoroughfares and pedestrian access ways; a diagrammatic flow chart demonstrating the pattern of vehicular traffic movement to, within, and through the planned development; statement indicating if roads are public/ private. Prototype R.O.W. cross-sections should be illustrated on the PUD Master Plan. A plan for the provision of al~ needed Utilities to and within the PUD including water, sewer, electric, gas, communication X X X X VII. Supportive RePorts As PUD DOCUMENT (See Sample Submit as Separate Document) Written legal description 2. Statement indicating how and why the proposed project complies with the Growth Management Plan 3. A general description of the proposed development; including information as to: a. total acreage involved in the project b. the number of acres devoted to the various categories of land use shown on the development plan, together with the respective ' percentage of total project acreage represented by each category of use c. the number and type of dwelling units involved in each tract where applicable and the corresponding overall project density in dwelling units per gross acre and estimated per tract where applicable d. the minimum design standards re- flected on the site plan for such features as lot shape and size, internal streets and pedestrian ways, open space provisions, off-street parking, signs, and landscaping, as required e. dwelling unit densities for each residential component f. a proposed schedule of development which £dentifies the anticipated project and component start and comple~ion dates, stages of development, and the area and location of common open space to be provided at, or by, each stage g. A statement and/or map indicating which streets or roads (and pedestrian ways as appropriate) are proposed for public ownership and maintenance, and whether approval is sought as part o~ ~he Master Plan for private roads if ¢ any are within the district 3 PUD CHECKLIST .! h. as determined by the Community Development Administrator, schematic architectural drawings (floor plans, elevations, perspectives) of all proposed structures and improvements, except single- family residences and their related accessory buildings, as appropriate i. agreements, provisions, or convenants which govern the use, maintenance, and continued ~ protection of the planned unit development and any of its common areas or facilities 12B2 LAWME. TKA P.U.D. \VATER MANAGEMENT CALCULATIONS . ABB PN 7342-1 Prepared for JIM COLOSIMO, INC. 4099 Tamiami Trail North Naples, FL 34102 (941) 262-3034 Prepared by AGNOLI, BARBER & BRUNDAGE, INC. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 (94 I) 597-3111 September 1998 W-09-0399G.DOC/98 I I I I I I I I I I I I I I LAWMI~TKA P.U.D. WATER MANAGEMENT NARRATIVE The Lawmetka P.U.D. is a proposed 34.0 acre commercial development located at the northwest intersection of U.S. 41 and Wiggins Pass Road in Section 16, Township 48 South, Range 25 East, Collier County, Florida. The site is bound on the north by the existing Tarpon Cove subdivision ,and F.D.O.T. drainage ditch. To the `.vest is the existing Tarpon Cove subdivision. The east property line is bounded by U.S. 41 and the south by Wiggins Pass Road. The existing site is undeveloped and generally flat with existing ground elevations varying from 6.2' N.G.V.D. to 8.5' N.G.V.D. The site naturally drains to the '.vest toward the existing wetlands, then southwesterly through existing wetlands in Tarpon Cove and under Wiggins Pass Road through an existing twin 42" culverts. Ultimate outfall is south through existing ditches to the Cocohatchee River. The proposed site will consist ofcommercial retail/service uses served by an internal looped roadway. Upland and wetland native areas will be preserved along the west side of the site. The site is designed as one drainage basin `.v/th impervious areas consisting of the buildings and roadways. The northwest corner of the site will not be a part of the proposed water managment system. The total water management area will equal 28.2 acres and include all development area and an upland and w'etland area near the '.,,'est property line. The wetland, upland and dry detention areas will be used for water quality and quantity storage. At higher stages, storage w/Il occur in the open space and parking lot areas. The system will discharge via a control structure at the west property line. The proposed structure will limit discharge to 0.13 cfs/acre dur/ng the 25-year/3-day storm event. Bleed down of no more than 0.5" inches of the water quality volume per day will also be provided. W-09-0399G. DOC/98 I I Flood routings are included in this report which determine the parking lot, road centerline and building finish floor elevations. Proposed parking lots will be at a minimum 10.55' N.G.V.D. above the 10-year/24-hour storm. Road centerline and perimeter berms will be at or above 11.40' N.G.V.D. which is above the 2 " 5-year/.~-da7 storm. The site is located xvithin Flood Zone AE, Elevation 11.0' N.G.V.D. The 100-year/3-day storm with zero discharge produces a peak stage of 12.03' N.G.V.D. ',vhich is well above the FEMA flood plain level. The proposed finish floor elevations ',','ill be set at a minimum 12.20' N.G.V.D. which is above the 100 3'ear storm event. WP-09-0399G.DOC/98 2 12B2 1 2S2 I A) LAW19IET~ P.U.D. SURFACE WATER MANAGEMENT CALCULATIONS Land Use ~ Area (Acres) % of Total Area Buildings 4.97 17.6 Pavement 16.47 ' 58.4 Wetland 1.15 ' 4.1 Upland 1.20 4.3 ~ 4.4[ 15.6 Total Drainage Area 28.20 Acres 100% Per,'ious / Impervious Areas: ~ ..Area (Acres) ~ Buildings 4.97 - 100 Pavement 16.47 100 ~ 6.76 0 Total Drainage Area 28.20 4.97 16.47 _0.00 I) First 1" x drainage area I in x (Irt/12 in) x 28.20 acres =.2.35 ac-ft 2) 2.5" x percent impervious for water quality a) Drainage area for water quality = total drainage area - (water surfaces plus building roof areas) = 28.20 - 4.97 = 23.23 ac b) Impervious area for water quality = drainage area for water quality - pervious area = 23.23 - 6.76 = 16.47 ac c) Percent Impervious for water quality = (I 6.47/23.23) x 100 = 70.9% d) 2.5" x fraction impervious x drainage area = 28.20 ac x 2.5" x 0.709 x lfv'12 in =~4.17 ac-ft WP-09-0399G.DOCi98 per,,,. Area 0.00 0.00 _6.76 21.44 (76.0%)6.76 (24.0%) 3) 3) 2.5" times impervious runoffgover~s: 4.17 ac-fl ~vet detention storage required Control Structure I) Allowable 25-year/72-hour peak discharge rate to the Wiggins Bay Basin = 0.13 cfs/acre per drainage area existing runoff rate. [0.13 cfs/acre x 28.2 acres = 3.67 cfs] 2) Set weir crest at water quality elevation = 8.90' N.G.V.D. (Taken from Stage-Storage calculations for 4.17 ac-fl storage) 3) 25-year/72-hour peak stage at weir = 11.40' N.G.V.D. (Taken from Discharge Routing results) 4) Downstream control assumed to be 2.0' N.G.V.D. at the tidal outlet to the Cocohatchee River. Control elevation at Tarpon Cove adjacent to La~aTnetka outfall = 7.0' N.G.V.D. 5) Set bleeder invert at control elevation = 7.00' N.G.V.D. 6) SFWMD requirement for discharging no more than 0.5" ofdetention volume per day: = 0.5" x (total site area - lake) = 0.5"x (28.20- 0.00) x (1 fl/12 in) = 1.18 ac-fl/day 1.18 ac-fl / day x 43560 sq.ft./ac x I day/86400 sec = 0.59 cfs avg. bleed down rate 7) Size bleeder using circular orifice free discharge equation: Q = 4.8 A H°'~ A = Q/4.8 H°'~ Where: Q = 0.59 cfs allowable bleed down H = W.Q. elev. - (bleeder inv. + dist. to centroid) = 8.90' N.G.V.D. - (7.00' N.G.V.D.+0.17') = 1.73' A = 0.59 / [4.8 x (1.73)°'~] = 0.09 sq.ft. D = [4(A)/3.14159]o.~ = 0.35 ft. = 4.1" Use a 4" diameter orifice 8) Check discharge through bleeder during 25-year/72-hour peak assuming partially submerged discharge: Q=4.8 A H°~ \Vh~re: A = 3.14159 x (r:) = 0.09 sq.ft. Q = 4.8 (0.09) (4.24)°s = 0.89 cfs H = Peak stage - (bleeder inv. + dist. to centroid) = 11.4' N.G.V.D. - (7.00' N.G.V.D.+0.16') = 4.24' The bleeder will discharge a portion of the allowable discharge during the 25-year/72- hour storm event. 9) Size weir using rectangular weir free discharge equation Q = 3.13 LH ~-s L = Q/3.13 H Q = 3.67 cfs allowable - 0.87 cfs bleeder = 2.80 cfs H = (11.4' peak stage - 8.90' weir crest) = 2.50' L = 2.80 cfs / 3.13 (2.50')~'~ = 0.23' Use 3" weir (minimum SFWMD acceptable) D) Curve Number 1) Estimate average developed drainage area elevation: Description Area (Acres) Avg. Elev.(ft.N.G.V.D.) Perv. Area Buildings 4.97 12.2 60.63 Open 4.44 10.0 44.40 Pavement 16.47 11.0 18 I. 17 Wetland Preserve 1.15 7.0 8.05 ,Upland 1.20 8.0 9.60 Total Drainage Area 28.20 303.85 303.85/28.20 = I0.78' N.G.V.D. average developed site grade 2) Soil Storage 10.7 - 7.0' = 3.7' average depth to proposed water table From SFWMD Volume IV, page C-III-I, compacted Water storage for DWT = 3.7' = 7.21" S = 7.21" x 0.24 = 1.73" WP-09-0399G.DOCI98 i2gZ I I I I I I ! 3) CN = IO00/(S + 10) = 1000/11.73 = 85 E) Rainfall (from SFWMD, Volume IV): 10 yr/24 hr = 7.0" 25 yr/72 hr = 8.5" x 1.359 = 11.55" 100 yr/72 hr = 11.0" x 1.359 = 14.95 F) Sta.~e-Storae. e Elevation Area Volume 1) ('Ft. NGVD) ~ (Ac-Ft] Descrir)tion~ 7.00 1.15 0.00 8.00 2.35 1.75 9.00 3.07 4.46 9.50 3.53 6.11 10.00 3.91 7.97 10.50 4.45 10.06 I1.00 10.27 13.74 11.50 15.92 20.29 12.00 21.49 29.64 12.20 23.26 34.11 Wetland staging Wetland/IJpland staging Wetland/Upland, begin dry detention Wetland/Upland/dry detention Wetlandfdpland/dry det., begin open areas Wetland/Upland/dry det./open, begin pavement Wetland/Upland/dry det./operffpvmnt, staging WetlandfUpland/dry det./open/pvmnt, staging All areas staging less buildings and sidewalks All areas staging less buildings 2) Area Calculations Stage (Ft. NGVD) Area Calculation 7.00 8.00 9.00 9.50 10.00 10.50 11.00 !1.50 12.00 12.20 1.15 acre wetland at control elevation Wetland+Upland = 1.15 +1.20=2.35 Wet/Up +dry det.= 2.35 +0.72=3.07 WeffUp +V2 dry det. = 2.35 +1.18=3.53 Wet/Up + dry det. = 2.35 +1.56=3.91 Wet/Up + dry det.+open = 2.35+2.10=4.45 (begin pvmnt staging) Wet/Up + dry der. +1/2 pvmnt.= (interpolate) =10.27 Wet/Up + dry der. + pvmnt.= 15.92 All areas less building and sidewalks = 28.2-(4.97-1.74)=21.49 All areas less building = 28.2 - 4.97 = 23.26 WP.O9.0399G.DOC/98 6 G) Routine Results 10-year, 24-hour maximum stage = 10.54' NGVD 25-year, 72-hour maximum s~age = 11.37' NGVD 25-year, 72-hour peak discharge = 3.66 cfs 100-year, 72-hour maximum stage = 12.0Y NGVD H) Conclusion " Use 4" round orifice and 3" rectangular bleeder as control and bleed down mechanism Set 4" round orifice invert at control elevation = 7.00' N.G.V.D. Set Y' rectangular bleeder at water quality elevation = 8.90' N.G.V.D. Minimum Parking Lot Elevation = 10.55' N.G.V.D. Minimum Center-Line Road/Perimeter Berm Elevation = 11.40' NGVD Minimum Finished Floor Elevation = 12.10' NGVD Attached are Stage-Storage and Discharge Routing calculations for the 10-year/24-hour, the 25- year/72-hour, and the 100-year/72-hour storm events. WP-09.0399G.DOC/98 4~ 4~ 4~ 4~ ~q 4! ':'.¢ i~i-., "*: 0 0 · ! > o Z~ UTILITY PROVISIONS FOR REZONES & PROPVISIONAL USES 3. 4. $. 10. NAME: Jim Colosimo, Trustee (Lawmetka Plaza) ADDRESS: 4099 Tamiami Trail North, Suite 305 PHONE: (941) 262-3034 LEGAL DESCRIPTION: See Exhibit "B" - PUD Application TYPE OF SEWAGE DISPOSAL TO BE PROVIDED: A. COUNTY SYSTEM x B. CITY SYSTEM C. FRANCHISED SYSTEM D. PACKAGE TREATMENT PLANT E. SEPTIC SYSTEM CAPACITY (GPD)__ TYPE OF WATER SERVICE TO BE PROVIDED: mo B. C. D. COUNTY SYSTEM CITY SYSTEM FRANCHISE SYSTEM PRIVATE SYSTEM TOTAL POPULATION TO BE SERVED 7l. 4 PEAK AND AVERAGE DAILY DEMANDS: 1. Water - Peak 37,5oo Average Daily 25,000 2. Sewer - Peak 37,500 Average Daily 2 s, ooo If proposing to connect to regional water system along SR-951. Date service will be required Brief, concise narrative and schematic drawing of the sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data of soils involved shall be provided from tests prepared by a professional engineer. A Statement, in writing, signed by the owner should be provided agreeing to deed to the County Water-Sewer District the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with applicable County Ordinances. This statement should also include agreement that applicable system development charges and connection fees will be paid to the County Water-Sewer District prior to the issuance of building permites by the County Building Depatment. The statement should also contain agreement to dedicate appropriate utility easements for serving the water and sewer systems. FOR OFFICE USE ONLY APPROVED: COMMENTS: DENIED: Utility Director I I I I I I I I I I I UTILITY DESIGN CALCULATIONS LAWMETKA PLAZA HMA FILE NO. 98.112 Commerical: Retail- 190,000 S.F. General Office - 40,000 S.F. DESIGN DEMAND FLOWS SEWER: Retail Shopping: 0.1 GPD per S.F. of Floor Space 190,000 S.F. x 0. I GPD = 19.000 GPD General Off,cc: 15 GPD per 100 St: of Floor Space 40,000 SF x 15 GPD/100 S.F. = 6,000 GPD Total Estimated Sewage Flow = 25,000 gpd Calculated flows above are average daily domestic sewage flows. WA TER: Water demand equals 1.00 tin'ms sewage flow \Vater demand = 1.00 x 25,000 gpd = 25,000 gpd PEA K FA CTORS: Peak Day = 1.5 Peak ttour= 4.0 AVG DAII.Y SEWER FLOW = 25,000 gpd AVG. DAILY WATER DEMAND = 25,000 gpd PEAK DAILY SEWER FLOW = 25,000 gpd x !.5 = 37,500 gpd PEAK DAILY WATER DEMAND -- 25,000 gpd x 1.5 = 37,500 gpd PEAK HOUR SEWER DEMAND = (25,000 gpd)(l day/l,440min x 4.0) = 69.4 gpm PEAK HOUR WATER DEMAND = (25,000 gpd)(l day/1,440min x 4.0) = 69.4 gpm W:\1998\98112\RLD\98112UTll..doc I LAWMETKA PLAZA PUD COLLIER CO UNTY ENVIRONMENTAL IMPACT STATEMENT October 1998 Prepared For: Jim Colosimo, Inc. 4099 Tamiami Trail North Suite '305 Naples, Florida 33940 (941) 262-3034 Prepared By: Passarella attd Associates, Inc. 4575 Via Royale, &dte 104 £ort Myers, Florida 33919 (941) 274-0067 Project No. 96JCI030 1 12B2 TABLE OF CONTENTS Page Introduction .................................................................................................................................... 1 3.8.5.1 Applicant Information ........................................................................................................ 1 3.8.5.2 Development and Site Alteration Information ................................................................... I 3.8.5.3 Mapping and Support Graphics ......................................................................................... 2 3.8.5.4 Impact Categories .............................................................................................................. 5 3.8.5.4.1 B' _ _' ' · .................................................... .7 ~o-phss~cal ......................................... .~ 3.8.5.4.2 Public Facilities and Services .................................................................. 17 3.8.6.1 Specifics to Address - General Information ..................................................................... 20 References. Figure I. Figure 2. Figure 3. Figure 4. Figure 5. LIST OF FIGURES 12B2'1 Page Projcc! Location Map .............................................................................................. 3 Vegetation and Wetlands Map ................................................................................ 4 Soils Map ................................................................................................................ 6 Site Plan .................................................................................................................. 7 Wetland lnlpact Map ............................................................................................. 13 I Table I. Table 2. Table 3. Table 4. Table 5. LIST OF TABLES Ilabitat/FLUCFCS Typcs and Acreages .................................................................. 2 SFWMD/ColIicr County Wetland Acreages ......................................................... 10 Water Level Nail Infom~ation ................................................................................ I I \Vctland Impact Sum]nary. .................................................................................... 12 Upland Acrea ,es .................... g ................................................................................ 14 iii I ! ! ! I Exhibit A. Exhibit B. Exhibit C. 1282 LIST OF EXItlBITS Aerial Photograph with FLUCFCS Mapping ..................................................... A-I Listed Plant and Wildlife Species Survey and Gopher Tortoise Bun'ow Location and FLUCFCS Map .............................................................................. B-I Correspondence from the Florida Department of State ........................................ C-1 iv 12B2 INTRODUCTION This report represents the Collier County Environmental Impact Statement (EIS) for Lawmctka Plaza P.U.D. Thc EIS has been prepared in accordance with Division 3.8 of thc Collier County Land Development Code (October 30, 1991 as amended October 14, 1992). 3.8.5.1 I. APPIACANT INFORMATION Respo~tsihle owner(s) agent(s) who wrote lhe ElS and his/her cducatiou ami job related environmental e.x~erieuce. Michael A. Myers and Theresa M. Vavricka, Passarclla and Associates, Inc., Consuhing Ecologists. Owner(s) agent(s) name. address. I I I Jim Colosimo, Inc. 4099 'rarniami Trail North Suite 305 Naples, Florida 34104 Affida vii of proof of authorized agent. Provided under separate cover. 3.8.5.2 DEVEI,OPMENT AND SITE ALTERATION INFORMATION o Description of proposed use. Thc project area is proposed to be divided into four parcels. Thc parcels include thc following uses: retail or office, motel or hotel, and preservation. Legal description of site. The southeast quarter of the norlheast quarter of Section 16, Township 48 South, Range 25 East, lying west of right-of-way of new U.S. 41, Collier County, Florida. Location and address description. Thc property is located in the nonhxvcst comer of the intersection of U.S. 41 and \Viggins Pass Road in Section 16, Township 48 South, Range 25 East, Collier County. 3.8.5.3 MAI'I'iNG AND SUPPORT GRAPIilCS 12B2 I I I I I I I I I I I I Table 1. General location map. A project location map is provided as Figure 1. Native habitats and their boundaries shall be identified on att aerial photograph of the site extending at least two hundred (200)feet outside the parcel bounda~a'. This docs not mcan the applicant is required to go onto at~acent properties. Itabitat ident~cation will be consistent with the Florida Department qf Transportation - Florida Land O~'e ()ri'er and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200feet when available fi'om the couno', otherwise, a scale of at least one inch equal to 400feet is acceptable, h~ormation obtained ky grounrt-truddng xttt'l'cv.~ shall have precedence over it(ormation presented through I;hotogrrq;hic evidence. Vegetation mapping oftlm property was conducted using 1" = 200' scale aerial photographs and ground truthing in August 1996. The vegetation communities were rnappcd using Level III and IV of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (FDOT 1985). Level IV was used to identify hydrological conditions and disturbance. An aerial photograph with FLUCFCS mapping is enclosed as Exhibit A. A vegetation and wetlands map of the property is provided as Figure 2 and an acreage breakdown of thc habitat types is provided in Table I. Ilabitat/FLUCFCS Types and Acreages FI,UCFCS Code Itabitat Acreage % Total 41 I Pine Flatwoods 21.32 62.65 4159 Hydric Pine, Disturbed 2.12 6.23 416 Scrubby Flatwoods 1.27 3.73 422 Brazilian Pepper 1.05 3.09 424 Melaleuca 0.29 0.85 514 Ditch 0.66 1.94 610 Wetland Hardwood 2.32 6.82 624 Cypress-Pine 1.51 4.44 6249 Cypress-Pine, Disturbed 0.21 0.62 630 Wetland Forested Mix 2.26 6.64 6439 Wet Prairie, Disturbed 0.28 0.83 746 Berm 0.74 2.17 Total 34.03 I00.0 3.8.5.3 MAI'PING AND SUPPORT GRAPItlCS I I I I I. General Iocatio, map. A project location map is provided as Figure I. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least two hundred (200)feet outside the parcel botmdat3,. This docs not mc'att the apt,licant is required to go onto adjacent properties, llabitat ide~ttificatio~: will bc co,sistettt with the Florida Department qf Transportation - Florida La~td Use Ctn'cr cttttt Forms Classification &wtem attd shall be depicted on att aerial photograph havi~g a scale of o,e i,ch equal to itt least 200feet when available fi'om the cotmty, othcrwisc, tt scale of at least o~te ittch equal to 400feet is acceptable. Informatioa obtai~ted by [4rotmc/-trut/tiag sm'vev, shall have precedcttce over fit formation preseated through photographic cvidc~tcc. Vegetation mapping of the property was conducted using I" = 200' scale aerial photographs and ground truthing in August 1996. The vegetation communities were mapped using Level II1 and IV of the Florida Land Use, Cover and Forms Classification System (FLUCFCS) (FDOT 1985). Level IV was used to identify hydrological conditions and disturbance. An aerial photograph with FLUCFCS mapping is enclosed as Exhibit A. A vegetation and wetlands map of the property is provided as Figure 2 and an acreage breakdown of the habitat types is provided in Table I. Table 1. Habitat/FLUCFCS Types and Acreages FI.UCFCS Code tIabitat Acreage % Total 411 Pine Flatwoods 21.32 62.65 4159 Hydric Pine, Disturbed 2.12 6.23 416 Scrubb7 Flatwoods 1.27 3.73 422 Brazilian Pepper 1.05 3.09 424 Melalcuca 0.29 0.85 514 Ditch 0.66 1.94 610 Wetland Hardwood 2.32 6.82 624 Cypress-Pine 1.51 4.44 6249 Cypress-Pine, Disturbed 0.21 0.62 630 Wetland Forested Mix 2.26 6.64 6439 Wet Prairie, Disturbed 0.28 0.83 746 Berm 0.74 2.17 Total 34.03 100.0 2 N.T.S. R25E Figure 1. PROJECT LOCATION MAP ':~PA$$ARELLA and A$$~'OCIATE$, INC. Co~l~ir~g Ecologists DRAWN BY: JRF DATE: 1/.,t0/97 ! I I I I I I I I I I I I I o To/~ogrrq~hic map showing up/and, hat/ri'metric contours ami ex/sting draimtge pattcr,.~'. !f ai~plicable. :\ topoL,.ral,hic survey of the properly is provided as part of llolc. Montes and Associates. Inc. construction plans for thc project. Existing lam/use of site atul surrounding area. The project area is currently tmdeveloped-forested land. Historic alterations to thc property inch,.lcd the construction of two large east/west ditches across thc property. The SU~Tounding land uses are a mixture of residential and comrnercial development. An automobile dealership and condominiun~ site is located to thc south across \Viggins Pass Road. A commercial strip center is located to thc east across U.S.41. The Taq, on Cove residential development abuts the north and west boundary of the subject parcel. Soils map itt scale co,sistettt with that ttsed for Florida Department of Transt~ortation - Florid, Land Use Cover ami Forms Classification System determinatio,s. A soils map for thc property is provided in Figure 3. Prot;o.s'ed drainage plan imlicating basic flow patterns, out fall aml off-sire drainage. The proposed surface water nmnagen~ent plan for the project site is provided as part of Hole. Montes and Associates. Inc. construction plans for thc project. Dcvclopmcnt plan i/tcluding phasing program, se/a'ice area of existi,g amt /,'ol~oscd /mhh'c fitci[ities, and existing atu[ proposed transflortatiou n et u'ork itt th e impact area. The development plan for the site is provided in Figure 4. 3.8.5.4 IMPACT CATEGORIES 3.8.5.4.1 Bio-physical 1. ,,fit' quality a. Cha,ges itt level of air pollutants as defined by current regulations. The only anticipated air pollution is from the exhaust of typical construction equipment during construction of the project and possible controlled bums conforming to Collier County burning regulations. 5 Symbol Descriot[on Status 7 Immokalee fine sand Non-Hydric NOTES.' 17 Basinger fine sand Hydric COLLIERSOILS MAPcouNTySCANNEDSoiLFROMsuRVEy.NR¢S PA$$ARELLA c~ ASSOCIATES, INC. FIGURE 3. SOILS MAP Co11~~g Ecologists ........... ~ ~ ~ ~ ~o/1~ I I I I I I I' I I I I I I bo Co Nttmber of people that will be r(fected by air pollution resulti~tg fi'om the l,'q/ec/. No people arc anticipated to be affected by air pollution resulting from the project. Procedures that will be used to reduce adverse impacts o fair polhttion. See response to la. Water quality a. Ch,nges in levels am/opes of water pollution tls dcfincd I~y ct,'rcn! /'cgtdations. The water management system ,,,.'ill be designed to meet South Florida \Vatcr Management District's water quality criteria. b. h~ventoo, of water uses that are restricted or prccluded because of polhttion levels resulting fi'om this project. No restricted or precluded water uses will exist on this project. c. Person r(fected by water pollution resulting fi'om the project. No people are anticipated to be affected by water pollution resulting from this project. d. Project designs and actions which will reduce adverse impacts of water pollution. Water pollution is minimized by means ora water management system that utilizes South Florida Water Management District criteria for water quality. Refer to water management plan and calculations. Physiograplo, and geolog)., a. A description of the soil O'pes found in the project area. According to the Collier County Soils Map, the following two soil types arc found on the property (Figure 3): Immokalee fine sand (Soil Map Unit 7) and Basinger fine sand (Soil Map Unit 17). b. Aerial extent of proposed topographic modification through excavation, dredging and filling. Thc aerial extent of filling will include approximately 14 percent of the site (i.e.. 4.904- acres). I I I I I I I do Removal and or disturbance of natural barriers to storm waves and flooding. Not Applicable. Proposed modifica"tiot! to ttatttral drainage patterns. The post-development drainage pattern will be the same as pre-development. The only modlficat~on~to the natural drainage patterns w~th~n the s~te capturing the runoff from the site and directing it to the on-site water management system. The prcsen'ation of the wetlands located at thc northwesterly corncr of thc prQcct as well as the existing FDOT ditch along thc nonb property line will allox~' of[site flows to continue across the properly. Extent of impen,ious su~ace and petrent of groundwater rccha~xe area lo he Approximately 76 Percent {21.44 acres) of the project area (excluding the northwesterly wetland presen'e) are proposed as impcn, ious surfaces. Given thc close proximity ofthe project to Wiggins Bay, the prQect area does not fi~nction as a recharge area for any municipal well fields. f. tinmtal drawdown of groundwater level resulting from use. The water managemen} system is designed to store water on-site during stom~ events such that the post2d~"elopment runoff rate does not exceed the pre-development runoffrate. In the'~anner, excess stormwater will be allowed to percolate into the ground and thus n6';'~nnual drawdown of groundwater will result from thc proposed land use. ~ g. Increased siltation fit natural water bodies resulting from the proposed use. A sediment control ~lan will be provided at time of site development plan approval. a. Define number of aCres of Collier County jurisdictional wet[ands Cursuant to the Collier County Gr°~¢th Management Plan) by vegetation O~e (species), vegetation composition (canopy, mi&to~ and ~oundcover), vegetation abundance (dominant, common and occasionaO, and their wetland functions. A total of 8.7 acres of South Florida Water M~agement District ' (SF~D)Coilier~County jurisdictional wetl~ds have been identified on the propeay (Figure ~)~The jurisdictional wetl~ds ~e composed of Hydfic Pine, Disturbed (FLUC~ Code 4159), Wetland Hardwood (FLUCFCS :Code 610), C~ress-Pine (FL~.[Cs Code 624), C~reSS-Pine, Disturbed (FLUCFCS Code 6249), Wetland Fb*~ed Mix (FLUCFCS Code 630), and Wet Prairie, Disturbed 1282 Table 2. (FLUCFCS Code 6439). Other surface waters arc represented by FLUCFCS Code 514-Ditch. Table 2 provides a breakdown ofthe wetland acreage, while a description of each follows. SFWMD/ColIier County Wetland Acreages FI.UCFCS Code ,i Itabitat Acreage 4159 , Hydric Pine. Disturbed 2.12 610 . Wetland Hardwood 2.32 624 i Cypress-Pine 1.51 6249 Cypress-Pine, Disturbed 0.21 630 Wetland Forested Mix 2.26 6439 ' Wet Prairie. Disturbed 0.28 Total 8.70 I I I I I I I I l I i ltvdric Pine, Disturbed (FLUCFCS Code 4159) This wetland habitat occupies 2.12± acres or 6.2 percent of tile project site. Thc canopy is dominated by slash pine (Pinus elliottii), with scattered cabbage palm (Sahal pahnetto), and swamp bay (Persea palustris). Brazilian pepper (.$'chmus terchinthifolius) dominates thc sub-canopy with scattered rapanca floridfana) and red maple (~leer rubrum). The ground cover consists of scattered swamp fern (Blechnum serrulatum), marsh fern (Thelypteris si*.), and bcautybcrry (Callicarpa americana). Portions of this habitat support a dense growth of fox grape ( l'itis munsoniana). Other vines include poison ivy (Toxicodemlron radicans) and smilax (Smilax sp.). Wetland Hardwood (FLUCFCS Code 610) This wetland habitat covers 2.32± acres or 6.8 percent of thc property. Thc canopy is dominated by red maple with swamp bay, cabbage pahn, and scattered cypress (Taxodium ascendens). The sub-canopy includes Brazilian pepper, rapanca, red maple, cabbage palm, and bacchafis (Baccharis halintifolia). Thc ground cover consists of swamp fern, bog hemp (Boehmeria cylindrica), sawgrass (Cladittm jamaicense), swamp lily (Crinum americanum), and wild coffee (Psychotria ttndata). Cypress-Pine (FLUCFCS Code 624) This wetland habitat occupies 1.51+ acres or 4.4 percent of the site. The canopy includes a mix of slash pine, cypress, and red maple. The sub-canopy consists of swamp bay, red maple, wax myrtle (Myrica cerifera), Br~ilian pepper, and rapanca. Tile groundcover is scattered with sv,,amp fern, sawgrass, and bog hemp. I0 I I I I I ..Cypress-pine, Disturbed (FLUCFCS Code 6249) This ,,vctland habitat covers 0.21+ acre or 0.6 percent of the property. This habitat is similar to Cypress-Pine (FLUCFCS Code 624) described above but it supports a greater coverage of Brazilian pepper. Wetland Forested Mix {FLUCFCS Code 630) This ,,,,'etland habitat occupies 2.264- acres or 6.6 percent of thc project site. Thc canopy is a mix of cypress, red maple, laurel oak (Quercus laurifolia), and pop-ash (Fraxittu$ caroliniam:) with scattered swamp bay, dahoon holly (Ilex cassi~w), and slash pine. Tile sub-canopy includes scattered Brazilian pepper, rapanea, and wax myrtle. The ground cover consists of swamp fern, marsh fern, royal fern (03'tlttttldCl rcgali$), sawgrass, and cabbage pahn seedlings. I I I I I I I Table 3. \Vet Prairie, Disturbed This wetland occupies 0.28± acre or 0.8 percent of tile site. This habitat lacks a canopy. The sub-canopy consists of scattered baccharis, wax myrlle, and red maple saplings along the edges. The ground cover includes marsh fern, camphor weed (Phtchea rosea), sand cordgrass (Spartina bakeri), and musky mint (ltyptis alam). Determine present seasonal high water levels and historical high wa/er lcvcls utilizing liche, lines or other biological indicators. On October 25,1996, nails wcrc set marking biological indicators of on-site water levels. A total ofcight nails were set marking tile bottom of lichen lines on cypress and red maples, moss lines on pop-ash, and ad,,'entitious rooting on ,,,,'ax m3mlc. Four nails were set in Wetland No. I, the Wetland Forested Mix (FLUCFCS Code 630) habitat, and four were set in Wetland No. 3, the Wetland Hardwoods (FLUCFCS Code 610) habitat. Agnoli, Barber and Brundagc, Inc. subsequently' sur','eycd the elevations of the nails. A summary of tile nail and water level infornmtion is provided in/able 3. Water l.evel Nail Information I I I I I I Nail # Description Surveyed Elevation ! Wetland No. I Bottom oflichen on cypress 8.27 2 Wetland No. I Bottom oflichen on cypress 8.25 3 Wetland No. I Bottom ofmoss on pop-ash 7.77 4 Wetland No. ! Bottom ofmoss on pop-ash 7.74 5 Wctl;md No. 3 Bottom of lichen on red maple 8.00 6 Wetland No. 3 Bottom of lichen on red maple 7.88 7 Wetland No. 3 Top ofadventitious roots on wax myrtle 7.00 8 Wetland No. 3 Top of adventitious roots on ,,vax myrtle 7.00 I I I I I I I Table 4, Wetland Number 12B2 bulicate how the project design improves/affects pre-development hydroperiods. Thc project Control level at post-development will be designed to improve the pre- development hydroperiods. hulicate proposed percent of defined wetlands to be impacted and the effects of proposed impacts on fitnctions of wetland areas. Proposed wetland impacts are summarized in Table 4 and shown in Figure 5. A total of 4.32 acres of impacts to SFWMD/Coilier County v,'ctlands is proposed. Thc habitats to be impacted include wetland forested mixed, disturbed wet prairie. disturbed hydric pine, cypress-pine, and disturbed cypress-pine areas. Wetland Impact Summary llabitat t FLUCFCS Type Size (Acres) Not [mpa,:ted Impacted (Acres) Size (Acres) 2.26 hnpact No. I Wetland Forested Mix 630 i 2.26 0.0 Fill No, 2 Wet Prairie, Disturbed 6439 ! 0.28 0.0 0.28 Fill No. ! Hydric Pine, Disturbed 4159 2.12 1.92 0.20 Fill No. I C3'prcss-Pine 624 1.51 1.03 0.48 Ihll No. ! llydric Pine. Disturbed 4159 0.89 0.0 0.89 Fill No. i C)prcss-Pine, Disturbed 6249 0.21 0.0 0.21 Fill TOTAL 7.27 ' 2.95 4.32 Indicate how the project design minimizes impacts Oll wetlaluls. Two wetland preserve areas were depicted on the previously approved PUD Master Plan. One preserve ,,,,'as located in the northwest comer of the property and the second preserve runs through the middle of the property. The proposed Master Plan includes the elimination of the presen,e that runs through the middle of the property and the enlargement of the preserve in the northwest comer. The changes to the wetland preserve are a result of on-going permit negotiations with the South Florida Water Management District (SFWMD). Per previous agreements with County staff, applications were filed with the SFWMD and U.S. Army Corps of Engineers (COE) to permit the current PUD Master Plan. District staff raised concerns about the long-term viability of the wetland preserve, which runs through the middle of the property, as a result of being surrounded by intense commercial uses. District staff encouraged the re-configuration of the preserve to encompass a single block of acreage with a mix of uplands and wetlands that would complement 12 ~BBBB U.S. 12B2 thc adjacent prcscrx'es on the Tarpon Cove property. As a result, thc preserve is being re-designed as shown on the proposed plan. In addition, extensive off-site mitigation within CREW is contemplated to further compensate for wetland impacts. Indicate how the project design shall compensate for the wetland impacts pur.~'t,a~tt to the Collier County Growth Mamzgcment Plan. Compensation for wetland impacts will include the on-site prcsc~'ation cr~hanccment of 4.31± acres of wetlands and 3.96e acres of uplands. In addition, the purchase and preservation of off-site wetlands in CREW are proposed. I 'plaml utilization and species of special status. Define number of acres of u?lamts by vegetative Opes (species). vegetatio~ composition (canopy, midstot3.' attd groundcover), vegelalio~t ahundcmce (domiitcmt. commott and occasional) and their upland fimctions. The property has 24.67:t: acres or uplands. The upland habitats are composed of five FkUCFCS types: Pine Flatv,'oods (FLUCFCS Code 4il), Scrubby Flatv,'oods (FLUCFCS Code 416), Brazilian Pepper (FLUCFCS Code 422), Melaleuca (FLUCFCS Code 424), and Berm (FLUCFCS Code 746). Table 5 provides a breakdown of the upland acreages for the site and description of each upland FLUCFCS type follows. 'l'alfie 5. Upland Acreages FI,UCFCS Code Description Acreage 411 Pine Flatwoods 21.32 4 ! 6 Scrubby Flatwoods 1.27 4,... Brazilian Pepper 1.05 424 Melaleuca 0.29 746 Berm 0.74 TOTAL 24.67 fine Flatwoods (FLt.JCFCS Code 411 ) This upland community occupies 21.32+ acres or 62.7 percent of the site. Thc canopy is dominated by slash pine with widely scattered cabbage palm, dahoon holly, and Brazilian pepper along the interface with the wetland habitats. The sub-canot~y consists of scattered staggerbush (L)'oniafruticosa) and wax myrtle with widely scattered downy rose myrtle (Rhodom)'rtus tomentosus) and gallbcrry (Ilex ghtbrc~) 14 2B2 patches. The ground cover consists of thick saw palmctto (Sc,rcnoa rcTwnS) xx ith widely scattered open patches vegetated by wircgrass (Aristida stricta), pennyroyal (Piloblephis rigMa), shiny blueberry (Vaccinium m)'rsinites), and reticulating pawpaw (Asminia reticulata). Scrubby Flatwoods (FLUCFCS Code 416) This upland land habitat occupies i.27± acres or 3.7 percent of thc project area. It is vegetatively similar to thc Pine Flatwoods (FLUCFCS Code 411 ) area. ltowcvcr. the sub-canopy supports sand live oak (Quercus gemi, ata), myrtle oak (Qucrcus myrtifolia), and tarflowcr (Befitria racemosa). Tile ground cover species include dwarf live oak (Qucrcus minima) and bracken fern (Pteridium aquilimtm). Brazilian Pepper (FLU(TFCS Code .422) This upland community occupies 1.05± acres or 3.1 percent of the site. Brazilian pepper dominates the canopy and sub-canopy. The ground cover consists of xvidelv scattered bracken fern and marsh fern. Vines include fox grape and calusa grape ( l'7tis shuttleworthii). Melalcuca {FLUCFCS Code 424} This upland community occupies 0.29m acrc or 0.9 percent of the site. Mclalcuca (Mclalcuca quinqucnen'ia) dominates tile canopy and sub-canopy. The ground cover is sparse with scattered wircgrass and bracken fem. Berm (FLUCFC$ Code 746) This upland area occupies 0.74e acre or 2.2 percent of the site. It is located along the edge of tile ditches. b. huticate proposed percent of defined uplands to be impacted ami the qffccts of proposed impacts on fiotctions of upland areas. . t :. Approximately 84.0 percent of the uplands on-site will be impacted by the proposed de,,elopment. The function of providing wildlife habitat in these areas will be lost. I : c. Indicate hen the project design minimizes impacts on uplands. I' The project design minimizes upland impacts by presen ing 3.96~ acres of uplands I on-site. The presep;ed uplands ,also further provide buffer protection from ~i development to the wetland presen e areas. gi~i: d. Prm idea plant attd attimal, species sttrl,ey tO inchtde at a mittimtt.t, species of ~i speCial status that are kno,~ n to inhabit biological commttnities similar to those existing on site and conducted itt accordance with the guidelines of the Florida Game ~i. attd Fresh Water Fish Commission. il Il 12 2 A listed species survey was conducted on the property. A report &tailing tt~c survey is attached as Exhibit B. e. Indicate how the project design minintizes intpacts on species of special status. The gopher tortoise impacts will be minimized through the FGFWFC "take process" and the State's purchase of gopher tortoise habitat off-site. Impacts to plant species of special status will be minimized through the preservation of on-site upland and wetland habitats. Marine and cstttarine resources Co co Provide current State of FlorMa Classification of the Waters (Flori&t Administrative Code. Chapter 17-3). Not Applicable. Define number of acres of marflte attd estuarine resources b), submerged gross beds, breeding areas attd nurser).' areas attd their marine attd estttat'itte fitttctiotts. Not Applicable. Indicate proposed perce,t of deJTned marine atul estuari,e resources to I,e impacted atul the effects of proposed impacts on fimctions of marine and estuarine resources. Not Applicable. Estimate changes itt the doc 'icside landing of comntercial fish an shellfish. Not Applicable. Estimate changes itt the sport fishing effort attd catch. Not Applicable. Provide past history of atO, environmental impacts to the area including oil spills. Not Applicable. btdicate how the project design minimizes impacts on marine and estuarine resources. Not Applicable. 16 II I Noise 12 2 Describe the changes itt decibels and duration of noise generated during and after the project (both da)' and nighO that will exceed Collier CourtO' regulations. Il Changes in decibels and duration of noise will only occur because of typical construction activities. In addition, construction will take place only during thc hours set forth in the Collier County Land Development Code. No noise problems arc anticipated after project completion. b. Describe steps that will be taken to rethtce noise levels during and (¢er the projcct. See 7a above. c. Project compliance with Federal AM llighway Program Manual 7-7-3. Sec 7a above. 3.8.;5.4.2 Public Facilities and $cn.'ic¢$ I. Wastewater management ao Describe existing treatment facilities as to capacit)', percent capaciO' being ttsed. Ope of treatment atul degree of treatment. Thc Lawmctka P.U.D. is within the service area of the Collier County Northern Regional Water Treatment Plant and Wastewatcr Treatment Plant which will provide secondary treatment with effluent disposal via an effluent/irrigation reuse system. Thc v.'astcwatcr trcatn'lcnt plan bas a maximum daily capacity of 8 MGD and thc proposed development would require, on average. 0.087 MGD or approximately I.O percent of total capacity. b. If applicable, describe similar features of proposed new treatment facilities. Not Applicable. c. Describe the character and fate of both liquid attd solid effluents. Liqtfid effluents will be treated for re-use by the North Regional Wastcv.'atcr Treatment Plant (WWIP). Solid effluents will be disposed of by the WWTP per Florida Department of Environmental Protection standards. Water supply a. Estimate of average daily potable and non-potable water demands on the project. 17 !! II I! o 12B2 Average daily potable and non-potable water demand for the proposed 226,500 square footage ofcommercial retail space is estimated to be 0.131 MGD. b. Source of raw water material supply. Raw water ,,,.'ill bc supplied by Collier County l'ublic Works [)ivision (Norlh Regional Water Treatment l'lan). c. /Inal)'sis of on-site treatment s)'stems relative to State and Cotttll)' staml, rds. There are no proposed on-site treatment systems. Both water and sewer services will be provided by Collier County Regional Treatment Plants. Solid wastes a. E.~timate of average dail)' vohmte of solid ~wstes. Average daily volume ofsolid wastes is estimated at 6.7 tons per day. b. Proposed method of disposal of solid wastes. Solid wastes will be disposed of at the Collier County l.andfill. c. AtO' plans for reo'cling or resource ,'ecover),. The project will participate v,'ith Collier County's ncv,'spaper, aluminum can, and glass recycling programs. Recreation attd open spaces a. Ao'eage attd fiwilities demand resulting from the new use. The commercial project is within a reasonable travel distance to County beaches and associated recreational facilities. The commercial project is not expected to impact those facilities to a large extent. b. .4tnouttl of public park/recreation land donated by the developer. None. Management plans for any open water areas if one-half acre or more within the project. Not Applicable. Co 18 i! [I d. Plans for recreational development b), the developer on dedicated lands. Not Applicable. c. Amount of pttblic recreation lands removed fi'om inventoO. hy the neu' use. No public rccrcation lands will be rcmovcd from invcntory by tile new usc. Development atul/or blockage of access to public beaches and waters. Not Applicable. 5. Aesthetic atul Cultural Factors ao Provide documentation from the Florida Master Site File, Florida Department of State atul att), printed historic archaeological st#'vc.$'s that have been comhwted on the project area. Correspondence has been received from the Department of State regarding historical, archaeological, or cultural resources that may be present on tile site (Exhibit C). Based on a review of the State's Florida Site File, no significant archaeological or historical sites are recorded within the project area. Locate att)' known hisloric or archaeological sites arid their relationship.s' to the proposed project design. Scc rcsponsc to Sa. Dentonstrate how the project design preserves the historic/archaeological integriO' of the site. Sec rcsponsc 1o Sa. do htdicate arty natural scenic features that might be modified by the project desig, ami explain what actions shall be utilized to preserYe aesthetic values. Not Applicable. e. Provide the basic architectural attd landscaping designs. Thc property, when developed, will comply with applicable County architectural and landscaping requirements. 19 II I ]2B2 Monitoring ao Describe the design and proce&tres of a~o'proposed monitoring &wing and t¢er site preparation and development. As part of the SFWMD pem'fit for the project, the follo,`,`'ing wetland mitigation monitoring is proposed. Monitoring of the preserved wetlands will consist of baseline, time-zero, and annual monitoring of vegetation, wildlife, rainfifll, and wetland ,`vater levels. Thc baseline report ,,,,'ill document conditions on thc project site as they currently exist. The time-zero report will document thc conditions immediately following exotic removal. Sampling stations and methodology of data collection will remain the same for all monitoring events, including baseline, time- zero. and annual. To facilitate an intensive, accurate, and repeatable sampling program, the point frame method will be utilized (Bonham 1989). At each sampling station ten point quadrats ,`,,'ill be sampled. Each point quadrat consists of 1 m; wire grid with 25 cross points. Any plant species directly below a cross point ,`,`'ill be recorded, including bare ground. Each cross point represents four percent ofthe square meter. Water depths will also be recorded at each sampling station. For each sampling station, species identified ,,,,'ill be listed and percent cover computed and discussed. Regular observations of wildlife will be made during all monitoring events by qualified ecologists. This ',','ill consist of recording evidence and signs of,`vildli fe li.e., direct sighting, vocalization, burrows, nests, tracks, droppings, etc.). Permanent fixed-point photograph stations will be established in each of the monitored areas thereby providing physical documentation of thc condition and appearance of an area, as well as any changes taking place within it. Panoramic photographs will accompany vegetation data in each report. Locations of photo stations will remain the same throughout the duration of the monitoring program. A staff gauge will be installed %vithin the preserved wetland. Water levels ,,,`'ill be recorded and the data presented in the reports along with available rainfall data for the area. 3.8.6.1 SPECIFICS TO ADDRESS - GENERAL INFORMATION 3.8.6.1.1 Indicate how the proposed project has incorporated the natural, aesthetic and cultural resources and other environmental considerations in the planning and design of the proposed project. I I Il 3.8.6.1.2 3.8.6.1.3 3.8.6.1.4 3.8.6.1.5 '", ( Thc proposed project has designated 4.31+ acres of wetland prcscn'e and .~. )6: of upland preserve to incorporate the natural and aesthetic resourccs into thc plan design. These areas also abut additional off-sile preserves. List the environmental intpact(s} of the proposed action and the reason(s) that thc impact(s) are unavoidah[e attd that the impact(s) represent the minimum impacts possible to the ettvironmcnlal qualio' of the site and/or the sttrrottnding area, w/tit'h might be affected b)' the ?reposed use. I')ue to tile amount and configuration of the on-site wetlands, any proposed development allowing reasonable use of the site would result in minimal impacts. Provide substantiated ahetwatives to the proposed project so that reasons .Iht the choice ora course ofaction are clear, not arbitrary or capricious. Thc proposed dc'`~clopmcnt for this site is a land use that conf'onns well xx ith tile existing surrounding development, making it a clear, not arbitraD,, c;.n~s¢ of uclioll. List immediate short-term impacts lo the environment. The short-term impacts ','.'ill include the loss of upland and wetland habitats on the site. List an)' irtw'crsihle atul itv'etrievable commitments of natural resources which would be in voh'ed itt the proposed action should il be implemented. Thc loss of upland and wetland habitats will be irreversible and irretrievable. 21 I1 I! I! REFERENCES Bonham, C. D. 1989. Measurements for Terrestrial Vegetation. John Wiley and Sons, New York, New York. Florida Department &Transportation. 1985. Florida Land Use, Cover and Fom~s Classification System. Procedure No. 550-010-001.a. Second Edition. 22 il il EXHIBIT A AERIAL PHOTOGRAPH WITH FLUCFCS MAPPING 12~2 ~(z~).~ I I III II II --~ r I I I 1 2~2 ~ EXHIBIT B i. ISTED PLANT AND WILDLIFE SPECIES SURVEY [! Il i! Ii lASTED PLANT AND WILDLIFE SPECIES SURVEY INTRODUCTION AND METIIODOLOGY A listed plant and wildlife species survey ,,,,'as conducted on September 9 and 10, ! 998 to dctcn'ninc v, hcthcr thc site ,,,,'as being utilized by state or federally listed species. The listed wildlife species survey included, but was not limited to, red-cockaded woodpecker (PicoMes borealis), Southeastern American kestrel (Falco sparvcrius £aulus), bald eagle (Haliaeetus leucoce£halus), woodstork (Mycteria americana), gopher tortoise (Gopherus polyphemus), and their commcnsals such as the Eastern indigo snake (dr3'marchon corals couperi), gopher frog (Rana areolata), Big Cypress fox squirrel (Sciurus niger avicetmia), Florida black bear (Ursus americamtsfloHdamts), and Florida panther (Fells concolor coo'i) (Wood, 1994). Thc listed plant species survey included species typical to pine flatwoods, scrubby flatwoods, wetland hardwood, cypress, and ,,,,'ct prairie habitats. Thc 34.03:t: acm tract '.'.'as surveyed for wildlife species listed by thc Florida Game and Fresh \Vatcr Fish Commission (FGFWFC) and U.S. Fish and Wildlife Service (USFWS) as endangered, threatened, or species &special concern; and for plant species listed by thc Florida Department of Agriculture (FI)A) and USFWS as endangered, threatened, or commercially exploited. Thc sun'cy '.,,'as conducted by two qualified ecologists walking parallel belt transects through all suitable habitat to ensure that sufficient visual coverage of ground and flora was obtained. Transects were spaced from 25 feet to 100 feet apart depending on habitat. All habitats were inspected for listed plant and wildlife species. At regular intcn'al the ecologists stopped, remained quiet, and listened for wildlife vocalizations. Tile "Florida Alias of Breeding Sites for Herons and Their Allies" (Runde ct al. 1991) was referenced for tile location ofbreeding colonies for both listed and non-listed wading birds including the snowy egret (Egretta thula), tficolored heron (Egretta tricolor), little blue heron (Egrctta cacrulca), woodstork, and white ibis (Eudocimus albus). There was no reference in the atlas to any breeding colonies located within or adjacent to the project site. SURVEY RESULTS Observed listed wildlife included the gopher tortoise (Gophentspolyphemus), which is listed as a species of special concern by the Florida Game and Fresh Water Fish Commission (FGFWFC). Gopher tortoises were observed within the Pine FIatwoods (FLUCFCS Code 411), Scrubby Flatwoods (FLUCFCS Code 416), and Wet Prairie, Disturbed (FLUCFCS Code 6439) habitats. The Pine Flatwoods (FLUCFCS Code 411 ) habitat contained two active, six inactive, and one old gopher tortoise burro'.'.'. The Scrubby Flatwoods (FLUCFCS Code 416) area contained one inactive and one old gopher tortoise burrow. The Wet Prairie, Disturbed (FLUCFCS Code 6439) habitat contained one inactive gopher tortoise burrow. The burrows were flagged and numbered in the field and are identified on the attached Gopher Tortoise Burrow location and FLUCFCS Map. No listed plant species were noted during the survey. REFERENCES Runde, D.E., J.A. Hovis, M.S. Robson, and P.D. Southall. 1991. Florida Atlas of Breeding Sites for Herons and Their Allies, Update 1986-1989. Nongame Wildlife Program Technical Report No. 10. Florida Game And Fresh Water Fish Commission, Tallahassee, Florida. Wood. D.A. 1996. Florida's Endangcrcd Species, Threatened Species and Species of Special Concern Official Lists. Florida Game and Fresh Water Fish Commission, Tallahassee, Florida. Z ,<~ Z 0 0 1 282 I! II l! EXHIBIT C CORRESPONDENCE FROM THE FLORIDA DEPARTMENT OF STATE I [I 11 11 II !1 February 12, 1997 12B2 FI.ORIDA DEPARTME~ OF STATE Sandra B. Mortham Secretary of State DIVISION OF HISTORICAL RESOURCES I ~4£MBER OFTHE FLORIDA CABINET I li~ Palm ~a~ Cmmty Pre~n'~m'n ~m,d II.lork I'rn~cola I'r~al~ ~ord Ihs~otk' ~ Augu~i~ l,~rvation ~rd Ringling Mumm I,I Afl Ms. Krista L. Falzarano Passarella and Associates, Inc. 4575 Via Royale, Suite 104 Fort Myers, Florida 33919 In Reply Refer To: Scott B. Edwards Historic Sites Specialist (904) 48%2333 Project File No. 970153 RE: USACOE Nationwide Permit Application Lawmetka Plaza PUD Collier County, Florida [;1 FEB 1. 8 1997 accordance with the procedures contained in 36 C.F.R., Pa'ri i(0'6 t"Pi-$i~ti$h'afl-ti'stofic Ipnroperties"), we have reviewed the referenced project for possible impact to historic properties listed, or eligible for listins, in the National Register of Historic Places. The authority for this procedure is the National Historic Preservation Act of 1966 (Public Law 89-665), as amended. A review of the Florida Master Site File indicates that no significant archaeological or historical sites are recorded for or likely to be present within the project area. Furthermore, because of the oroject location and/or nature it is unlikely that any such s,tes will be affected. Therefore, it is the ~pinion of this office that the proposed project will have no effect on historic properties listed, or eligible for listins, in the National Register of Historic Places. If you have any questions concemin$ our comme.nts, please do, not hesitate to contact us. Your interest in protecting Florida's historic properties Is appreclatea. Dear Ms. Falzarano: GWP/Ese Sincerely, m~' Geor~ge W. Percy, Director Division of Historical Resources and State Historic Preservation Officer D! RECTOR'S OFFICE R.A. Gray Building · 5OOSouth BronoughStreet · Tallahas$oa, Florida32399-0250 · (90-1)-188-14bv FAX: (9(J4) 488-3353 · I,~:,,~W Address hllp'.//www.dos, stale, fi.us ARCFIAEOLOGICAI. RESffARCEI L'I:J~ itISTORIC ['RF. SERVATION t"'l HISTORICAL MUSEUMS (904) 487.2299 · FAX: 414-2207 (9041487-2333 · FAX: 922.0496 (giLl) 488-14~4 · FAX: 921-2.~3 !! !! I! 12B2 LAWMETKA PLAZA A PLANNED UNIT DEVELOPMENT EXIIIBIT A l'rcparcd for: JIM COLOSIMO AS TRUSTEE 4099 Tamiami Trail North, Ste. 305 Naples, Florida 34103 Prepared by: HOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 34102 And YOUNG, VANASSENDERP AND VARNADOE 801 Laurel Oak Drive. Ste. 300 Naples, Florida 34108 October, 1998 HMA File No. 98.112 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals i! I! !! " 12B2 TABLE OF CONTENTS Page SECTION 1 - Statement of Compliance ................................................................................................... 1 SECTION Il - Property Ownership, Legal Description Short Title and Statement of Unified Control...2 SECTION III - Statement of Intent and Project Description .................................................................... 3 SECTION IV - General Development Regulations .................................................................................. 4 SECTION V - Permitted Uses and Dimensional Standards for Tracts A and B ...................................... 8 SECTION VI - Permitted Uses and Dimensional Standards for Tract C .............................................. 11 SECTION VII- Environmental Standards .............................................................................................. 13 SECTION VIII- Transportation Requirements ....................................................................................... 14 SECTION IX - Utility and Engineering Requirements .......................................................................... 15 SECTION X - Water Management Requirements .................................................................................. 17 Exhibit A - PUD Master Plan Exhibit B - Legal Description EXItlBITS ]2B2 il !1 [! [I I! |1 |1 t' SECTION I Statement of Compliance The development of approximately thirty-four (34) acres of property in Collier County, as a Planned Unit Development, to be known as Lawmetka Plaza, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The commercial uses of Lav,'metka Plaza 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 located in an area identified as an Activity Center on the Future Land Use Map of the Collier County Growth Management Plan. Activity Centers are the preferred locations for the concentration of commercial and mixed usc development activities. ° The st,bject tract is located on the northwest comer of the intersection of U.S. 41 and Wiggins Pass Road. This strategic location allows the site superior access for the placement of commercial activities. The project shall be in compliance with all applicable Count.,.' regulations including the Grov:th Management Plan. ° The project will be sen'ed by a complete range of sen'ices and utilities as approved by the County. o Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 ortho Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and sen'ices as required in Policies 3.1 .H and L of the Future Land Use Element. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. Ali final Local Development Orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. -I- ii II II II I I 2.1 2.2 2.3 2.4 2B2 SECTION II Property Ownership. Legal Description Short Title and Statement of Unified Control Property Ownership The subject property is currently under the ownership ora land trust of which Jim Colosimo is Trustee. l.egal Description All that part ofthe southeast ¼ ofthe northeast ¼ of Section 16, Township 48 South. Range 25 East. Collier Count.,,', Florida. General Description of Property The subject property is located on the northwest comer of Wiggins Pass Road and U.S. 4 I. The zoning ofthe subject property prior to the application ofrezoning is PUD. Physical Description The site is generally fiat and naturally drains to the east and west. Access to the property will be via four entrances, two on U.S. 41 and two from Wiggins Pass Road. A wetland Preserve Area. comprising 8.5 acres, is located along the western portion of the property. The flood elevation of the subject property is A.E. 1 I. ,.Short Title This ordinance shall be known and cited as the "Lawmctka Plaza Planned Unit Development Ordinance". Statement of Unified Control This statement represents that the current property oxvner 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 PUD Ordinance. ¸'2' h II h ii II 3.1 3.2 3.3 SECTION III Statement of Intent and Project Description Introduction 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 pemlit approximately thirty-four (34) acres of retail, office, hotel/motel use, including 8.5 acres of Preservation Area for the subject property. The purpose of this document is to set forth guidelines for tile future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. Proiect Description It is the intent of this project to create an integrated commercial development with a compatible mixture ofcommcrcial land uses and open spaces. The de'`'clopcr, who has unified control over the subject property, intends to commence development of a mixed usc activity center Planned Unit Development (PUD). It is the intent of the developer to develop architecturally unified commercial establishments based on the concept of arrangement and unified management control. The unified development approval under tile PUl) district designation will ensure that the shopping center is aesthetically pleasing and functionally efficient. It '`,,'ill allow an efficient pattern of internal circulation to be established and limited points of vehicular ingress and egress. These functional and aesthetic advantages, which cannot be provided in the conventional strip commercial development configurations, have been maximized and shall be sustained in tile approval of this Planned Unit Development. l.and Use Plan and Project Phasing mo The PUl) Master Plan contains a total of three (3) tracts consisting of development areas A, B, and C and one Tract D consisting ofan upland and wetland Preserve Area in addition to street right-of-xvay. Tile 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 ,,','ill 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 l.ocal, State and Federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. Bo 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- II I II 4,2 SECTION IV Gcneral Development Regulations The purpose of this Scction is to sct forth the development regulations that may bc applied generally to the development of the Lawmetka Plaza Planned Unit Dcvclopmcnt and Mastcr Plan. 4.1 General Tile following arc general provisions applicable to the PUD Master Plan: Ao Regulations for development of the Lawmetka Plaza PUD shall be in accordance with the contents of [his document, the PUD-Planned Unit Development District and other applicable sections and pans 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 tile PUD Master Plan and the regulations ofthis PUD as adopted and an3' 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 thc commitments within this agreement. Unless otherwise noted, the definitions of ali terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the Lawmetka Plaza PUD shall become part of the regulations which govern the manner in which this site may be developed. Do 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 ofeither 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 Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the -4- II II h I1 [i [I 4.3 4.4 4.5 4.6 time of construction plan approval. 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 ofall services and utilities. This will be in compliance with applicable regulations in effect at tile 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 context of the development standards contained in this ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of thc Collier Count)' I.DC in effect at the time such amendment ma)' be requested. Project Plan Approval Requirements Exhibit "A". tlre PUD Mastcr Plan, constitutes thc required PUD Development Plan. Subsequent to. or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and thc 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 ofthe 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 lire issuance ora building permit or other development orders, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. Provision for Off-site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the folloxving conditions: -5- [I !1 il 4.7 4.8 4.9 4.10 mo 12B2 Excavation activities shall comply with the definition ora "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC. whereby off-site removal shall not exceed ten (I0) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include thc length of time it ,,,,'ill take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 ofthe LDC are applicable. Sunscl and Monitoring, Provisions Lawmctka Plaza PUD shall bc subject to Section 2.7.3.4 of thc LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6 Monitoring Requirements. Polling. Places Any community recreation/public building/public room or similar common facility located within the Lawmctka Plaza 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. Native Vegetation, The project will meet the native vegetation requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. Open Space Open space may be in the form of landscaping, additional 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 Sec. 2.6.32 of the LDC, which requires a minimum of thirty (30) percent for commercial developments. A majority of the open space area for the project is provided in the 8.5 acre Preserve area, parcel D. 4.11 Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are contained on the property. -6- U il I1 [, II 1, 1' 4.12 4.13 4.14 4. i5 4.16 4.17 12B2 Common Area Maintenance Common Area Maintenance, including the maintenance of common facilities, open spaces, and water management facilities shall be the responsibility of a home owners' association to be established by the developer. Architectural and Site Desi!~n Standards All development within Lawmetka Plaza shall be subject to Division 2.8 of the LDC and architectural considerations shall be unified for each tract including building design, landscaping, and signage. The development of the first tract will set the standards for other development areas, unless architectural guidelines are established in advance of development of the first tract in the form of deed restrictions or other measures acceptable to Collier County. Sig~ All signage shall be in conformance with Division 2.5 of the LDC; however, platted interior tracts arc permitted two (2) ground signs at the tract entrance, not to exceed a total of one hundred and twenty (120) feet at each tract entrance. Parking All development shall be subject to Division 2.3 of Off-Street Parking and Loading. l.andscapin~ All landscaping shall be in conformance with Division 2.4 of the LDC. Utility Areas. Utility areas, including trash receptacles, shall be completely screened from the view of customers and adjacent property owners to a height of 6 feet above finished grade. II 5.1 5.2 5.3 12B2 SECTION V Permitted Uses and Dimensional Standards for Tracts A and B Purpose The purpose of this Section is to identify permitted uses and development standards for Tracts A and B within the Lawmetka Plaza PUD designated for commercial development on the PUD Master Plan, Exhibit "A", Development Intensity A maximum of two hundred-thirty thousand (230,000) S.F. of floor area is allowed for permitted retail and office uses on Lawmctka PlaT~a's parcel A and Ii or subdivisions, thereof. A maximum of forty (40,000) S.F. ofretail or office use is permitted on parcel C. (See also Section VI of this ordinance.) Hotel/motel uses may be developed at tv,'enty-six (26) dwelling units per acre on parcel A and or C and ma)' include all or a portion of the Preservation Area on parcel D. adjacent to Tracts A and C in calculating the number of hotel/motel units permitted. General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Master Plan, TRACT ACRES IIEIGIIT USE I A 16.4 50 Retail. Office. I totel/Motel B 2.7 35 Retail or Office C 4.9 50 Hotel/Motel or Retail or Office' D 8.5 N.A. Preservation Area ROAD 1.5 N.A. Road TOTAl. 34 *Other uses are also permitted on Tract C. (See Section VI of this ordinance.) The approximate acreage of commercial tracts is depicted on the PUD Master Plan. Actual acreage of all development tracts will be provided at the time of Site Development Plan or -8- !1 5.4 5.5 5.6 ]2B2 l'rcliminary Subdivision Plat approvals in accordance with Article 3. Division 3.3. and Division 3.2. respectively, of tile Collier Count.,,' l.and l)cvelopmcnt Code. All tracts arc designed to accommodate internal roadways, open spaces, water managcmcm facilities, and other similar uses to support non-residential development of tile subject property. Pemfittcd Principal Uses and Structures No building or structure, or part thereof, shall be erected, altered or used. or land used. in whole or part. for other than tile following: A. l~crmitted commercial and Conditional uses allowed in the C-3. Commercial Intermediate District, as of the effective date of adoption of this ordinance, excluding l lomclcss Shchcrs and Soup Kitchens. B. Pcm~itted commercial and Conditional uses in the C-4, General Commercial District with the exception ofthe following uses: Bottle Clubs. Fuel Dealers (groups 5983 - 5989) Automotive repair sen'ices, parking (groups 7514.7515.7521 ). Anmscmcnt and recreational sen'ices outdoor (groups 7948. 7992. 7996. 7949). t[omclcss Shehers. Soup Kitchens. Justice. Public Order and Safety (groups 9222-92241. Communication Towers above specified height, subject to 2.6.3.5. Permitted Accessory Uses and Structures No building or structure, or part thereof, shall be erected, altered or used. on land uses. in whole or part. for other than the following: A. Accessory uses and structures customarily associated with tile above permitted commercial principal uses and structures. Dimensional Requirements Minimum l.ot Area T,,vcntv thousand (20.000) square feet B. Minimum I.ot Width One hundred (100) square feet I I I I I I ! I D. E. F, G. H. J. 12B2 Minimum Yard Requirements 1, From Project Perimeter boundary lines - thirty-five (35) feet. From internal tract boundary lines- twenty (20) feet. 2. Distance between principal structures shall be a minimum oftwcnty-five (25) feet or one-half(I/2) the sum ofthe heights ortho two buildings, whichever is greater. Minimum Floor Area of Principal Structure 1000 square feet per building on the ground floor except that freestanding specialty structures of nationally recognized standard size less than I000 square feet shall be permitted when site plan approval has been received. blaximum I lei~ht Fifty (50) feet above tinished grade for Tract A and thirty-five (35) feet for Tract B. Minimum Off-Street Parking and Off-Street Loading Requirements As required by Division 2.3 of the LDC. Minimum Landscaping Requirements As required by Division 2.4 of the LDC. Merchandise Storage and Display Unless specifically permitted by certain uses, there shall be no outside storage or display of merchandise. l.i~htin~ Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct light. Hotel/lVlotel Use Should hotel/motel uses develop on Tract A, such uses shall be subject to the requirements of Section 5.2, Development Intensity, of this ordinance and the requirements of Section VI. -10- ii !1 II il 6.0 6.1 12B2 SECTION VI Permitted Uses and Dimensional Requirements for Tract C PURPOSE The purpose of this Section is to set forth the permitted uses and land development regulations for Tract C designated on the PUD Maslcr Plan, along with other permitted uses. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used. in whole or in part. for other than the following: A. Principal Uses: 2. 3. 4. 5. 6. 7. 8. 9. 10. Il. 12. I lotel Motel l lomcs for the Aged ! lospiccs Adult/child care centers Convalescent centers Nursing I tomes Rest homes Sanitariums Adult Congregate Living Facility Retail or office use as permitted by Section 5.4.* Any other use which is comparable in nature with the foregoing uses and which the director determines to be compatible in the district. *A maximum floor area of forty (40) thousand square feet of floor area is allocated to this parcel, if it does not develop with hotel/motel uses, and development intensity ma3' be shifted between parcels. In the event that Tract C develops with a mix ofmotel and retail or office uses, 4.8 motel units can be converted for each 1,000 S.F. ofretail or office area. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the uses permitted in this district. -11- II I 6,2 DIMENSIONAL REQUIREMENTS A. Co Do Minimum Lot Area One (I) acre Minimum Lot Width One hundred (I00) feet Minimum Yard Requirements I. From Project Perimeter boundary lines- thirty-five (35) feet. From internal tract boundary lines - twenty (20) feet. Distance between principal structures shall be a minimum of twenty-five (25) feet or one-half the sum of the heights of the two buildings, whichever is greater. Maximum I lcigh! Fifty (50) feet above the finished grade. .Minimum Off-Street Parking and Off-Street Loading Requirement.,;, As required by Division 2.3 ofthe LDC. Minimum Landscaping Requirements As required by Division 2.4 ofthe LDC. Lighting Lighting facilities shall be arranged in manner which will protect roadways and neighboring properties from direct light. -12- [I [I [I Il II Ii !n 1 82 S£¢TiON Vii Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 7.1 An 8.4 acre upland and wetland Preserve Area is located along the westem portion of the subject property and is permitted to be used for open space and passive recreational use only. 7.2 A Gopher Tortoise relocation plan shall be submitted to Current Planning Environmental staff for review and approval prior to final site plan/construction plan approval. 7.3 Petitioner shall be subject to the Collier County Growth Management Plan Policy 12.1.3 contained in the Conservation and Coastal Management Element (discover>' of a archaeological or historical site, artifact or other indicator of preservation). 7.4 Petitioner shall obtain and submit documentation of all ncccssar>' Local, State and Federal permits prior to commencing construction. 7.5 The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals. 7.6 Native vegetation preservation shall conform to the requirements of Section 3.9.5.5.4 of the Collier County LDC and the Preserve Areas, shall be generally provided for as depicted on the PUD Master Plan, Exhibit A. 7.7 An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site. with emphasis on the preservation area, shall be submitted to the Current Planning Environmental Review staff for review and approval prior to Final Site Plan/Construction Approval. 7.8 Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected, species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Approval. -13- [I il II 1222 SECTION VIII Transportation Requirements Thc purpose of this Section is to set forth the transportation commitments of the project development. 8.1 Subject to Florida Department of Transportation approval, the developer shall provide left and right turn lanes on Tamiami Trail at both project entrances. Should any of thc required turn lanes be constructed due to other development activity in Iht area prior to completion of this project, thc developer shall provide a fair share reimbursement of the cost of such construction. Thc Florida Department of Transportation and Collier Count.',' each reserve the right to control median openings, both existing and future, and to limit access points to right tums in and right tums out. 8.2 8.3 8.4 8.5 8.6 The developer shall provide left and right turn lanes on Wiggins Pass Road at thc project's two entrances. All road access points requiring turn lanes and use of existing right-of-way shall provide for compensating right-of-way dedication. Existing drainage easements, future drainage easements, and planned preserve areas shall remain available to Collier Count.,,' and Florida Department of Transportation for future roadway water management purposes subject to appropriate capacity conlrols and operating controls. Thc responsibility for maintenance of such areas shall remain with the developer/owner and/or assignees. The northern access on Tamiami Trail shall be in alignment with Old ILS. 41 (CR 887). The developer shall be responsible for any and all costs incurred in modifying the traffic signal installation at Old U.S. 41 so as to accommodate the project. The road impact fees shall be in accordance with the fee structure set forth in Ordinance 92-22 or as may be amended, less allowances for "captured" traffic, and shall be paid at thc time building permits are issued unless otherwise approved by thc Board of County Commissioners. 8.7 All required access improvements shall be in place before any certificates of occupancy are issued and shall not be subject to impact fee credits. 8.8 All traffic control devices used shall conform with requirements of the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 8.9 Roads internal to the project ma)' be public or private at the option ofthe developer. -14- ,{ SECTION IX Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of thc project developcr. 9.1 Utilities ho 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. All customers connecting to thc water distribution and sewage collection facilities to be constructed will be customers ofthe 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 ortho interim utility established to serve the project until the County's off- site sewer facilities are available to serve the project. Co Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer sen'ice to the project until the County can provide these services through its sev,'er facilities. The utility construction documents for the project's sewerage system shall be prepared to contain 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 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. 9.2 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 shall be submitted to the and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. -15- B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. C. Subdivision of the site shall require platting in accordance with Section 3.2 of LDC to define lhe right-of-way and tracts shown on the PUD Master Plan. Do The developer and all subsequent owners of this project shall be required to satisfy the requirements of ail 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 ora final development order. [! i! -16- I! SECTION X Water Management Requirements Thc purpose of this Section is to set forth tile water management commitments of tile project developer. i0. I 10.2 Detailed paving, grading and site drainage plans shall be submitted to the Development Sen'ices Department for review. No construction permits shall be issued unless and until approval of thc proposed construction, in accordance with the submitted plans, is granted by thc Development Sen'ices Department. 10.3 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier Count)' LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines with side. rear or abutting property lines fenced. I0.4 Landscaping ma:}' be placed within tile water management area in compliance with tire criteria established within Section 2.4.7.3 of the LDC, Tire ,,vet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. -17- 12B2 '~ I III [! ~XItlBIT B LEGAL DESCRIPTION All that part of the southeast ¼ of the northeast ¼ of Section 16, Township 48 South, Range 25 East, Collier County, Florida. W:[1998~98112~RLD~EGAL.do~ 0 O. < ('¢)N('Ei~'I'I!A,I, WA,'I'EI~, ,4,1:XNA(;i';,4,1ENT PI,AN >0 Oz m z~ 0 rr~ m m ~ 0 0 0 T 0 0 0 'n F-- Z ~ (.~ ~ o ~ ~ Z 0 A !-~ I~,IA i, ORDINANCE 99- 4 128 2 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 8516N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LAWMETKA PLAZA, FOR PROPERTY LOCATED ON THE NORTHWEST CORNER OF WIGGINS PASS RO~D (C.R. 888) AND U.S. 41, IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 33.6± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NIIMBER 90-26, THE FORMER LAWMETKA PLAZA PUD; ANI) BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert Duane of Hole, Montes & Associates, Inc., representing Jim Colosimo, Trustee, 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; The Zoning Classification of the herein described real property located in Section 16, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8516N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. Ordinance Number 90-26, known as the Lawmetka Plaza PUD, adopted on March 27, 1990 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. 2 SECTION THREE: 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 ~ , 1999. ATTEST: DWIGHT'E. BROCK, Clerk App r0~d; ~e c t,o~ ] ~ rma nd Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ' ~~RWOMAN Marj~ie M. -Stu'dent - Assistant County Attorney f/PUD-89-23 (1} 2 LAWMETKA PLAZA A PLANNED UNIT DEVELOPMENT EXHIBIT A Prepared tbr: JIM COLOSIMO AS TRUSTEE 4099 Tamiami Trail North, Ste. 305 Naples, Florida 34103 Prepared by: IIOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 34102 And YOUNG, VANASSENDERP AND VARNADOE 801 Laurel Oak Drive, Ste. 300 Naples, Florida 34108 October, 1998 IIMA File No. 98.112 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. ?~. Amendments & Repeals 2 TABLE OF CONTENTS Page SECTION I - Statement of Compliance ................................................................................................... 1 SECTION II - Property Ownership. Legal Description Short Title and Statement of Uni fled Control ...2 SECTION III - Statement of Intent and Project Description .................................................................... 3 SECTION IV - General Development Regulations .................................................................................. 4 SECTION V - Permitted L/scs and Dimensional Standards for Tracts A and B ...................................... 8 SECTION VI - Permitted Uses and Dimensional Standards for Tract C .............................................. 11 SECTION VII- Environmental Standards .............................................................................................. 13 SECTION VIII- Transportation Requirements ....................................................................................... 14 SECTION IX - Utility and Engineering Requirements .......................................................................... 15 SECTION X - Water Management Requirements .................................................................................. 17 Exhibit A - PUD Master Plan Exhibit B - Legal Description EXItlBITS 128 SI'.'CTION I Statement of Compliance Thc developnler~t of approximately thirty-lbur (34) acres of property in Collier County. as a l'lanncd Unit l)cvclopmcnt, to be known as l.awmctka Plaza, will be in compliance with goals, bjccuves and policies ot'Collier County as set forth in tile Growfl~ Management Plan. The commercial uses of Lawmctka Plaza will be consistent with growth policies, land development regulations, and applicable comprehensive planning ob. jectives of each of the clements of tile Growth Management Plan for tile tbllowing reasons: The subject properly is located in an area identified as an Activity Center on the Future l.and Use Map of the Collier County Growfll Management Plan. Activity Centers arc tile prelbrred locations for the concentration ol'commercial and mixed use development activities. The subject tract is located on lhe northwest corner of the intersection of ILS. 41 and Wiggins Pass Road. This strategic location allows thc site superior access for the placement of commercial activities. The project shall be in compliance with all applicable County regulations includin,.z iht Growth Management Plan. ~ 5. The project 'will be served by a complele range o£services and utilities as approved by tile County. hllprovcn'~cnts are planned to be in compliance witll applicable land development regulations as set lbrth in Objective 3 of the Future Land Usc Element. Thc project development will result in an ct'ficient and cconornical extension oF community lhcilitics and services as required in Policies 3. l.l! and L of the Future Land Usc Element. The project development is plant, cd to incorporate natural systems Ibr water marmgcment in accordance with their natural functions and capabilities as may bc reqt, ired by Objective 1.5 ol'the Drainage Sub-Element of the Public Facilities Element. Ali final l.ocal Development Orders tbr this project arc subject to tile Collier County Adequate Public Facilities Ordinance. -1- 2.1 2.2 2.3 2.4 12B SECTION I! Property Oxvnership, Legal Description Short Title and Statement of Unified Control Property Ownership Thc subject property is currently under the ownership of a land trust of which Jim Colosimo is Trustee. Legal Description All that part of the southeast ¼ of the northeast ¼ of Section 16. Township 48 South, Range 25 L:ast, Collier County, Florida. General Description of Properly The subject property is located on the northwest corner of Wiggins Pass Road and U.S. 41. The zoning of the subject properly prior to the application ofrczoning is PUD. Physical Description The site is generally flat and naturally drains to tile cast and west. Access to the property xvili be via four entrances, two on U.S. 41 and two from Wiggins Pass Road. A wetland Preserve Area, comprising 8.5 acres, is located along the western portion of tile property. 'File llood elevation of the subject property is A.E. 1 !. Short Title This ordinance shall be known and cited as the "Lawrnctka Plaza Planncd Unit Development Ordinance". Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose ofobtaining 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 xvithin the PUD Ordinance. 2 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 thc requirements as set forth in the Collier County Land Development Code (LDC) that will permit approximately thirty-four (34) acres of retail, off]ce, hotel/motel use. including 8.5 acres of Preservation Area for the subject property. The purpose of this document is to set forth guidelines for the future development of thc project that meet accepted planning principles and practices, and to implement thc Collier County Growth Management Plan. Project Description It is the intent ofthis project to create an integrated commercial development xvith a compatible mixture ofcommercial land uses and open spaces. The developer, who has unified control over the subject property, intends to commence development of a mixed usc activity center Planned Unit Development (PUl)). It is the intent of thc developer to develop architecturally unified commercial establishments based on the concept of arrangement and unified management control. The unified development approval under the PUD district designation will ensure that thc shopping center is aesthetically pleasing and functionally efficient. It will allow an efficient pattern of internal circulation to be established and limited points of vehicular ingress and egress. These functional and aesthetic advantages, which cannot be provided in the conventional strip commercial development configurations, have been maximized and shall be sustained in the approval of this Planned Unit Development. l.and Use Plan and Project l'hasing The PUD Master Plan contains a total of three (3) tracts consisting of development areas A, B, and C and one Tract D consisting oran upland and wetland Preserve Area in addition to street right-of-way. The Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management thcilities. More detailed plans will be submitted at the time ofsite development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, the I.DC and Local, State and Federal permitting requirements. All tracts may be combined or developed separately subject to compliance with thc applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately five (5) years l¥om thc time of issuance ofthe first building permit. -3- 12B 2 SECTION IV General Development Regulations 'File purpose of this Section is lo set forth tile development regulations that may be applied generally to tile development of the Lawmetka Plaza Planned Unit l)cvclopmcnt and Master Plan. 4.1 General The following are general provisions applicable to tile PUI) Master l'lan: mo Regulations for development of the Lawmetka Plaza PUl) si'mil be in accordance xvith tile contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County I.and Development Code ([.DC) and Growth Management Plan in effect at tim time of issuance of any development order to which said regulations relate which authorizg 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 tile rezoning of thc property. In addition, any successor in title or assignee is subject to thc commitments within this agreement. Unless otherwise noted, the delinitions of all terms shall be tile same as tile delinitions set forth in the LDC in effect at the time of building permit application. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the Lawmetka Plaza PUD shall become part of the regulations which govern the manner in which this site may be developed. l). Development permitted by tile approval of this petition will be subject to a concurrency review under thc provisions of Div. 3.15 Adequate Public Facilities ortho LDC at the earliest or next to occur ofcithcr 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, tile provisions of those regulations not otherwise provided for in this PUD rcnlain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be pcrlbrmcd in accordance with tile Collier County LDC and the standards and commitments of this document ill -4- 4.3 4.4 4.5 4.6 12B 2 cfi'oct at thc time of construction plan approval. 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 cnst,re 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 arc requested. Amendments to the Ordinance Thc proposed PUD Master Plan is conceptual in nature and subject to change within thc context of the development standards contained in this ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County I. DC in effect at the time such amendment may be requested. Project Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (i f required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and thc development of the land shall be in compliance with thc subdivision regulations set forth in Section 3.2 ofthe LDC. Prior to thc recording of the final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans ortho 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 thc issuance ora building permit or other development orders, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shoxvn on the PUD Master Plan. Provision for Off-site Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the following conditions: ?~ 4.7 4.8 4.9 4.10 4.11 4.12 12B Excavation activities shall cOmply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of thc LDC, xvhercby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximun~ of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to tire l)evelopmcnt Services' Manager for approval. Said timetable shall include the length o1' time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 ofthe LDC are applicable. Sunset and Monitoring Provisions l.awmctka Plaza PUD shall be subject to Section 2.7.3.4 of the LDC. Time Limits lbr Approved PUD Master Plans and Section 2.7.3.6 Monitoring Requirements. Polling Places Any community recreation/public building/public room or similar cornmon facility located within the Lawmetka Plaza PUD may be used for a polling place, ifdctermined necessary by thc Board of County Commissioners upon recommendation of thc Supervisor of Elections in accordance with Section 2.6.30 of the LDC. Native Vegetation The project xvill meet the native vegetation requirements of Division 3.9. Vegetation Removal, Protection and Preservation of tire LDC for the subject property. Open Space Open space may be in tire form of landscaping, additional bulTcrs, 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 Sec. 2.6.32.3 of the LDC, which requires a minimum of thirty (30) percent for commercial developments. A ~najority of the open space area for the project is provided in the 8.5 acre Preserve Area, parcel D. Archaeological Resources The developer shall be subject to Scction 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event that they are contained on thc property. Common Area M...3.aintena...~nqe- ' ? Common Area Maintenance, including the maintenance of common facilities, open -6- I III 2 4.13 4.14 4.15 4.16 4.17 spaces, and water rnanagcmcnt facilities si'mil be the responsibility of a homeowners' association to be established by thc developer. Architectural and Site Design Standfirds: All development within Lawmetka Plaza shall be Subject to Division 2.8 of the LI)C and architectural considerations shall be unitied for each tract including bt, tiding design. landscaping, and signage. The development of the first tract will set the standards other development areas, unless architectural guidelines are established in advance of development of the first tract in the form of deed restrictions or other measures acceptable to Collier County. Signs All signagc shall be in conformance with Diyision 2.5 of the IA)C: however, platted interior tracts arc permitted two (2) ground signs at the tract entrance, not to exceed a total of one hundred and twenty (120) feet at each tract entrance. Parking All development shall be subject to Division 2.3 ofthe LDC, Off-Street i'arkJng and Loading. l.andscaping All landscaping shall be in conformance with DMsion 2.4 of thc LDC. Utility Areas Utility areas, including trash receptacles, shall be completely screened from the view of customers and adjacent property owners to a height of 6 feet above finished grade. 5.1 5.2 5.3 SECTION V Permitted Uses and Dimensional Standards lbr Tracts A and B Purpose Thc purpose of this Section is to identify permitted uses and development standards lbr Tracts A and B within the l.awmetka Plaza PUD designated for commercial development on tile PUl) Master l)lan, Exhibit "A". Development Intensity A maximum of two hundred-thirty thousand (230,000) square feet of floor ama is allowed for permitted retail and office uses on Lawmetka Plav~a's parcel A and B or subdivisions, thereof. A maximum of forty-.thousand (40,000) square feet of retail or office usc is permitted on parcel C. (Sec also Section VI of this Ordinance.) I Iotel/motel uses may be developed at twenty-six (26) dwelling units per acm on Tract A and/or C and may include all or a portion of the I'rcscrvation Area on parcel D, adjacent to Tracts A and C in calculating the number of hotel/motel units permitted. General Description Thc PUD Master Plan designates the following uses for each tract designated on tile PUD Master Plan. · TRACT ACRES ttEIGIIT USE A 16.4 50 Retail, Office, 1 lotel/Motcl B 2.7 35 Retail or Office C 4.9 50 Hotel/Motel or Retail or Office' D 8.5 N.A. Preservation Area ROAD 1.5 N.A. Road TOTAL 34 *Other uses are also permitted on Tract C. (See Section VI of this Ordinance.) II II I I II III I II II II I 12B 5.4 5.5 5.6 The approximate acreage el'commercial tracts is depicted on the PUl) Master Pla,~. Actual acreage of all development tracts will be provided at thc time of Site Development Plan or Prclimi,mry Subdivision Plat approvals in accordance with Article 3. Division 3.3. and DMsion 3.2. respectively, of the Collier County Land Development Code. All tracts arc designed to accommodate internal roadways, open spaces, water management lhcilitics, and other similar uses to support non-residcutial development of the subject property. Permitted Principal tJses and Structures No building or structure, or part thereof, shall be erected, altered or used. or land used. in whole or part. for other than the following: A. Permitted commercial and conditional uses allowed in the C-3. Commercial Intermediate District, as of the dlbctive date of adoption of this Ordinance. excluding l lomeless Shelters and Soup Kitchens. l'crmittcd commercial and conditional uses in thc C-4. General Commercial District with thc exception of the following uses: Bottle Clubs: Fuel Dealers (groups 5983 - 5989); Automotive repair services, parking (groups 7514, 7515. 7521 ); Amusement and recreational services, outdoor (groups 7948. 7992. 7996. 7949): Homeless Shelters. Soup Kitchens. Justice. Public Order and Safety (grot,ps 9222-0224): Communication Towers above spccitied height, subject to Section 2.6.3.5 of the I. DC. Permitted Accessory Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, on land. i,'~ whole or part. for other than the following: Accessory uses and structures customarily associated with the above permitted commercial principal uses and structures. Dimensional Requirements Minimum Lot Area Twenty thousand (20.000) square feet B. Minimum Lot Width One hundred (100) square feet Do Eo Fo Go I!. Jo Minimum Yard Requirements From Project Perimeter boundary lines - thirty-live (35) Ii:ct. From internal tract boundary lines - twenty (20) feet. ° Distance between principal structures shall be a minimum of twenty-five (25) feet or one-hal f (1/2) the sum of the heights of thc two buildings, whichever is greater. Minimum Floor Area of Principal Structure 1000 square feet per building on the ground floor except that freestanding specialty structures of nationally recognized standard size less than 1000 square feet shall be permitted When site plan approval has been received. Maximum l leight Fifty (50) feet above tinished grade for Tract A and thirty-live (35) t;zet above finished grade for Tract B. Minimum Off-Street Parking and Off-Street Loading Requirements ,., As required by Division 2.3 of the LDC. Minimum Landscaping Requirements As required by DMsion 2.4 of the LDC. Merchandise Storage and Display. Unless specifically permitted by certain uses. there shall be no outside storage or display of merchandise. I.it~hting l.ighting facilities shall be arranged in a manner that xvill protect roadways and neighboring properties from direct light. ltotel/Motel Use Should liotcl/motci uses ~eVelop on Tract A, such uses shall be subject to thc requirements of Section 5.2, Development Intensity. of this Ordinance and thc requirements of Section VI. ~1an-25-99 6.0 6.1 12:07P young van assende~p YV&V 1 941 597 SECTION VI Permitted Uses and Dimensional Rcquirement.q for Tract C 1060 12B PURPOSE The purpose of this Section is to set forflx the permitted uses and land developmenl regulations for Tract C designated on lhe PUD Masler Plan. along with other permitted USES. USES PERMITTED No building or structure, or part thereol; shall be creeled, altered or used. or land or water used. in whole or in part. tbr other than thc following: A. Principal Uses: 2~ 3. 4. 5. 6. 7. 81. 9, 10. 11. Hotel Motel Homes for the Aged llospices Adult/child care center Convalescent centers Nursing homes Rest homes Sanilariums Adult Congregate Living Facility Retail or office use as permitted by seclion 54', excluding free-standing cocktail lounge Any other use which is comparable in nature ,,vilh the tbregoing uses and which the director determines to be compatible in the District. *A maximum floor area of' tbrty (40) thousand square feet is allocated to this parcel, ii' it does not develop with hotel/motel uses. and development intensity may be shifted belween parcels. In the event Ihal Tract C develops with a mix of motel and retail or office uses. 4.8 motel units can be converted tbr each 1.000 square feet of retail or office area. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated xvith the uses permitted in this District. P.02 2 -il- ,.lan- 25- 9g 12:07P young van assende~p YV&V ~? ',.! ~..~i · "i!~ 597 128 2 6.2 DIMENSIONAL REQUIREMENTS A. Minimum l.gt Are.a ()ne ( I ) acre B. Minimum Lot Widt~l One hundred i 100) feel C. Minimum Yard Requirement~ The following building setback shall apply: From eastern property line - thirty-five 135} feet. From northern properl5' line - seventy (70) Ii:ct (inclusive of 4¢} foot Florida Deparlmen~ of _Tran~porl~tion drainage easement}. From internal tract boundary lines - p, venty (20) feet. Distance between principal structures si'mil be a minimum of twenly-five (25~ feet or one-half the sum of the heights of the two buildings. whichever is greater. D. .Maximum Height Fil':ty (50} feet i~bov¢ the finished grade, ngt to exceed four (4) stories. E. MJnimtlm Ofl'-Stre~:t Parking and Oil:Street Loading Requirements As required by Division 2,3 of the LDC, F. Minimum l,andsclaping and Buffering Requirements . ,..4 of thc LDC. I. For all but northern propert.', line as required by Division" · "3, Fgr the n9rthem property line, the owner of parcel (.,'. sh~li maintain a fifteen (15) foot }arldsc.'ape buffer measured from the southern edge of the Fiorkla Department of'Transportation drainage easement. An architecturally finished opaque masonry wall a minimum of~;jx {'6t tbet in height shall be installed v,4thin the buffer area. This buffer shall be installed as a reqtzired improvement for the first Site Development Plan within th.e PI. ID. To thg greatest extent practical the existing ,alive vegetation (Pine trees, etc.] shall be retained within the buffer area and -12- ]2:08P young van a$$enderp YV&V i 941 597 1060 Florida Deparlment °fTransportatiort drainage easement, ~nd where practical within the buffer area, trees no more lhan twenTT-fix.'.e_.L25 center or a hedge no more than four (4) t'e~ on center, or a combirl~on shall be plapB;d on the rlgr~hern side of the wall. Any ne,,,,' trees shall be a minimum ofciuht (R} feet in height with a thr~ (3.) tbot spread at the time ol' installation. Any hedge sha. ll be a minimum often. [ 1(.)~ uallon plants five (5} feet in height with ~ three (3) foot spread at time oF installation ~xcept Io the extent of any conflict with the lbregoing require~em,¥, all al' Ihe Landscaping and, Buffering requirements of Division 2.4 or the LDC Olso apply to Parcel ~, anti in the event ot'a conflict belwegn the l.andscaping and Bufferin_~ requiremems or' this ~;ection and those ot' the I.DC, the more r¢$trjctive shall apply. P.04. 12S 2 Lighting ~hcilities shall be arranged as required by the I.I'}C in manner x~hich ,.rill protect roadways and neighboring properties from direct light. -!2A- 2 SECTION VII Environmental Standards The purpose of this Section is to set forth the environmental commitments of the l'mject I)cvclopcr. 7.1 An 8.4 acre upland and wetland Preserve Area is located along thc western portion of thc subject property and is permitted to bc used for open space and passive recreational usc only. Ali preservation areas shall be designated as conservation/preservation tracts or cas~ments on all construction plans and shall be recorded on thc plat with protective covenants per or similar to Section 704.06 of thc Florida Statutes. Buffers shall bc provided in accordance with Subsection 3.2.8.4.7.3 of thc I.i)C. 7.2 A Gopher Tortoise relocation plan shall be submitted to Current i'lanning F. nvironmcntal Staff for review and approval prior to final site plan/construction plan approwfi. Thc approved language shall be added to the site development plan or construclim~ plans. Off-site relocation may be required if the applicant cannot provide adequate habitat on-site relocation. 7.3 Petitioner shall be subject to the Collier County Growth Management Plan l'olicy 12. !..3 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site. arti fact or other indicator of preservation). 7.4 7.5 7.6 Environmental permitting shall be in accordance with thc state of Florida l~nvirotm~cntal Resource Permit Rules and be subject to review and approval by Current i'lanning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Buffers shall be provided around wetlands, extending at least fifteen (I 5) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers arc not possible, structural buffers shall be provided in accordance xvith the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning F. nvironmcntal Staff. .~. ¢.>.>.4 Native vegetation preservation shall conform to thc requirements of Subsection" t - ' of the Collier County LDC and the Preserve Areas, shall be generally provided for as depicted on the PUD Master ?lan, Exhibit A. An exotic vegetation removal, monitoring and maintenance (exotic free) phn t~,r the site. with emphasis on the preservation area, shall be submitted to thc Current Planning F_,nvironn'mntal Review staff for review and approval prior to Final Site PlarffConstruction Approval. A schedule for exotic removal with all Preservation Areas shall be submitted with the above mentioned plan. ':ii -13- 7.7 12B Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Comm~ssmn Wildlife Service (USFWS) and Florida Game and Fresh Water Fish ' '" (FGFWFC) regarding potential impacts to protected wildlife species. Where protected, species are observed on site, a habitat management plan for these protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Approval. : : . 12B SECTION VIIi Transportation Requirements 1'he purpose of tills Section is to set forth the transportation commitments of the project development. 8.1 Subject to Florida Department of Transportation approval, thc developer shall provide left and right turn lanes on Tamiami Trail at both project entrances. Should any of the required turn lanes be constructed due to other development activity in tile area prior to completion of this project, the developer shall provide a lair share reimbursement o[' the cost of such construction. The Florida Department of Transportation and Collier Cotmty each rcscn'c tile right to control median openings, both existing and future, and to limit access points to right turns ill and right turns out. 8.2 8.3 8.4 8.5 8.6 Thc developer shall provide Icfl and right turn lanes on Wiggins Pass Road at thc project's tv,'o entrances. All road access points requiring turn lanes and usc ofcxisting right-of.-way shall provide for compensating right-of-way dedication. Existing drainage easements, future drainage easements· and planned preserve areas shall remain available to Collier County and Florida Department of Transportation for future roadway water management purposes subject to appropriate capacity controls and operating controls. Thc responsibility for maintenance of such areas shall remain with the developer/owner and/or assignees. The northern access on Tamiami Trail shall be in alignment with Old U.S. 41 (CR 887). Thc developer shall be responsible for any and all costs incurred in modifying thc traffic signal installation at Old U.S. 41 so as to accommodate the project. Thc road impact fees shall be in accordance with thc fee structure set tbrtb in Ordinance 92-22 or as may be amended and shall be paid at the time building permits are issued unless otherwise approved by thc Board of County Commissioners. 8.7 Ali required access improvements st'tall be in place before any certificates ol'occupancy arc issued and shall not be subject to impact fee credits. 8.8 All traffic control devices used shall conform to requirements of the Manual on Unilbrm Traffic Control Device.s. as required by Chapter 316.0747, Florida Statutes. 8.9 The determination as the v,,hether roadways internal to the project are public or private is at the discretion of the County. 2 -15- -- :,:,: SECTION IX Utility and Engineering Requirements Thc purpose of this Section is to set tbrth the utilities and engineering commim~ents et' the project developer. 9.1 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. Bo All customers connecting to the xvater distribution and sewage collection facilities to be constructed will be customers of the County and will bc 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 ofthe interim utility established to serve the project until the County's off- site sewer facilities are available to serve the project. Co l~rior to approval of construction documents by the County. tile developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida l'ublic 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. Do The utility construction documents for the project's sexvcrage system shall contain tile 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. Eo Prior to or at the time ofsubnlission of construction plans and final plat lbr thc project, thc 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. 9.2 En,,2incering mo 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 shall be submitted to the and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. Co 128 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. Subdivision ofthe site shall require platting in accordance with Section 3.2 of I.DC to define the right-of-way and tracts shown on the PUD Master Plan. 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 ora final development order. SECTION X Water Management Requirements The purpose of ti'tis Section is to set forth tile water management cotnmitmcr~ts of tile project developer. ':~ 10.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by thc Development Services Department. 10.2 Design and construction ofall improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be alloxVed within twenty (20) feet from side, rear or abutting property lines with side, rear or abutting property lines fenced. 10.3 Landscaping may be placed within the water management area in compliance with the criteria established within Section 2.4.7.3 of the IA)C. 10.4 10.5 10.6 The wet season water table elevation shall be established at tile time of South Florida Water Management District permitting, which is required for the subject property. One half (1/2) inch of dry pretreatment shall precede the discharge of tiny water into the preservation area or whatever alternate conditions may be incorporated into thc South Florida Water Management District permitting requirements. The stormwater system shall be reviewed and approved by Collier County Public Works Engineering (PWED) in order to verify its consistency with the Wiggins Pass outfall project now being designed by PWED. I-- r""' r"" ~0 d ~o EXHIBIT B. LEGAL DESCRIPTION~ All that part of the southeast ¼ of the northeast Range 25 East, Collier County, Florida. :: ¼ of Section 16, Township 48 South, COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-4 Which was adopted by the Board of County Commissioners on the 26th day of January, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County ~. Commissioners of Collier County, Florida, this 29th day of January, DWIGHT E. BROCK ~,..'., ' Clerk of Courts and Clerk/~j.. Ex-officio to Board. of NapLes, FL Afftd~tt of NapLes DaiLy BOAR:) OF COUNTY COfllt[SS[ONERS ATTN: MIATTA SIRLEAF PO BOX &1~016 NAPLES FL 3&101-~016 REFERENCE: 001230 57906~58 #912501 91-102/PU~98-12 NOT State of FLorida Cmmty of CoLLier Before the undersigned authority, perso~mLty appeared B. Loeb, vho on oath says that she servel as the Assistant Corporate Secretary of the NapLes Dotty Nays, a daily nevspaper published et NapLes, in CoLLier Co~ty, FLorida: that the attached copy of Advertising vas published in said nevspaper on dates Listed. Affiant further says that the said NapLes DaiLy Ne~s ts a nevspaper published et NapLes, in said CoLLier County, FLorida, and that the said ne~spapor has heretofore beon conttmmusLy published tn said CotLter County, .FL?ride, day end has been entered es secor~l CLASS eal[ · atter at the post office in NapLes, in said earlier County, FLorida, for a pe.rtod o.f .~ year next preceding the first publication of the attached copy of advertisement; end affiant further says that she has neither paid nor proatsed any persofl, fire or coporatton any discount, rebate, comtsston or refund for the purpose of securing this adverttseeent for publication in the said nevspoper. PUOLZSHEO Off: 01/10 AD SPACE: 1&1.000 %#CH FZLED ON: 01/11/9'9 ..... Signature of Affiant · /~. ~'/~r ~ i. Svorn to and Subscrt ne th~ ~ day ~9 Per.~tLy k~ by ~ ~ '~~ ~.~1~- 91. IO2/PLK)og~- 1:? NOTICE OF INTENT TO CON,DER O~DINANCE NOh~ I~ hereby Olve~t that afl TUESDAY, JANUARY 26, 199~, kt ~he Boardroom, 3rd Floor, Administration Bullcltng, Cailler County Government Cerder, 3301 East Tamlaml Trail, Naples, Florida, the Board of County Com- mlssk:~ners whl coell, lc~' ftm enactmen~ of o Court. tv Oe'dinance, The mee4- I~g will commence at 9:.00 A.M. The flile of ~e ~d Ordlno~e is os AN ORDINANC~ · AMENDING ORDI. NANCE NUMBER 91-102 THE COLLIER COUNTY LAND DE* VELOPMENT CODE WHICH INCLUDES THE COMPREHEN. ' $1VE ZONING REGU- LATIONS' FOR THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA BY A~AE'NDING TI-~ OFFICIAL ZONING AT. LAS MAP NUAABER 9502N; BY CHANGING THE ZONING CLASSI- FICATb THE HER REAL ERTY FROM TUI "PUD"* DE. AS AT COl AIR. ROAD (C~. 3' VAN. DERBI BEACH ROAD SECTI; 49 SOU~ EAST, COUNT' CON ACRE VIDI~ 12B3 robe P~r~ -..C~ples of the erORosed ~a~_nf~nce ore ~ f]~ ~ me ~J~ ~ ~ ~d ~ must regl~ C~ PRI~ fo ~ ~em fo ~ [~[YI~ ~ers will ~ ,mired fo 5 ml~es ~ ~Y ~e~. The sele~l~ ~ ersons wIshnO toj do PaCkets I mi m~erl~; ~ ~ r~e m ~S i~ed COUNTY~ B. BERRY, ~ 1:~JOS70 Collier County, Florida 11/28/84-$50 ~QUEST FOR LEGAL ADVERTISING OF PUBLIC H~ARING$ To: Clerk to the Board: Please place the followxng as a: /XXXX/ Normal Legal Advertisement / / Other: IDisplay Adv., location, etc.] v /Curt·nC Planning er on: ate ~ ~Sign clearly) Petit=on Ilo. (If none, g~ve brief description): PUD-98-12 - Fountain Park PUD Petitioner: [Name & address): Ann Dee Oevelopment~ Inc.~ ~33 Turtle Hatc~ Lane, ~]aples~ ~L Kev:n M. cVicker, Phoenix Plannin9 & Enaineering,. 1786 Trade Center Way, Suite e2, ,';aples~ FL 34109 Name & Address 9f any personlsJ to be notlfled by Clerk's Off,ce: Jlf more space needed, attach separate ~heetl / R. est.d hearing date: ,as.d adv. r,sem, nt app.ar g b.for, h.ari - '/ ~ ~ I ' ' . ~ ..!~..~/~,~:z-~h---' ' -- t;ewspaperis) to be used: (Complete bn17 if important ~~~~ & . or legally requ:red / /1 t ..................................................- -. ~,. '-. .... ~..I ~.' ' ' ......... '~ .... ' ' Compan:on petition(s), ~f any, & proposed hear~ng Does PetzCion ~ee Include Advertising Cost? Yes /~ IlO / / I~ yes, 'what account should be chargeo for advertising costs: ~13-1383~649110 D~v~s:on Head Date // Count7 Manager. Da:e List A:cachm :(1) (2) (3) DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If legal document is involved~ be sure that ar necessary legal review, or request for same~ is submitted to County Attorney before subm/tting to County Manager. The Manager's Office will distribute copies: / / County Manager agenda file; / , / Requesting Division; / / Origl* to Clerk's Office B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retainir copy for file. FOR CLERK'S OFFICE USE ONLY Date Received Date of Date Advertised 12B3 NAPLES DAILY NEWS 2~-4703 ELLIE HOFFMAN i! '.' 12B5 December 3, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-98-12, Fountain Park Dear Pam: Please advertise the above referenced notice one time on Sunday, January 10, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 12B3 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 26, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 NUMBER 9502N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FOUNTAIN PARK PUD FOR COFg~_.ERCIAL USES, LOCATED AT THE SOUTHWEST CORNER OF AIRPORT-PULLING ROAD (C.R. 31) AND VANDERBILT BEACH ROAD (C.R. 862) IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.14 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. PUD-98-12, Kevin McVicker of Phoenix Planning and Engineering, Inc., representing Ann Dee Development, Inc., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development, to be kno~ as Fountain Park PUD. CoPies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF coUNTy COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Ellie Hoffman, Deputy Clerk ( SEAL ) 12B5 12B3 December 3, 1998 Ann Dee Development, Inc. 533 Turtle Hatch Lane Naples, FL 34103 Re: Notice of Public Hearing to Consider Petition PUD 98-12 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, ~ Ellie Hoffman, Deputy Clerk Enclosure December 3, 1998 Mr. Kevin McVicker Phoenix Planning & Engineering, Inc. 1786 Trade Center Way, Suite #2 Naples, FL 34109 Re: Notice of Public Hearing to Consider Petition PUD 98-12 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County'Commissioners on Tuesday, January 26, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ORDINANCE NO. 98- A~: ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMEHT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING P. EGULATiONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS ~IAP "'~ 9502N; BY CHANGING THE ZONING CLASS!FICATiO~i OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT CEVELOPME:':Y K~:OWH AS FOUHTAIN PARK PUD FOR COMMERECIAL USES, LOCATED AT THE SOUTHWEST CORNER OF AIPRORT-PULLiNG ROAD (C.R.-31) AND VANDERBILT BEACH ROAD (C.R.- 862) Ill SECTION 2, TOWNSHIP 49 SOU--'H, r.r.:~.~r~ 2> EAST, COLLIER COUNTY, FLORIDA, CO~iSISTING OF 10.14 ACPES; AND BY PROVIDING AN EFFECTIVE DAiE. WHEREAS, Kevin McVicker of Phoenix Planning and Engineering, Inc., representing Ann Dee Development, 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: SECTIOH ONE: The zoning classification of the herein described real property located in Section 2, Top;nship 49 Scuth, Range 25 East, Collier County, Florida, is changed from "A" ATriculture to "PUD" Planned Unit Development in accordance with the Fountain Park PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas ~ap Number 9502N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. ?ASSED AND OUL¥ ADO?TED by the Board o£ County Com~issio~~ 3 of Collier County, Florida, this day of 1998. BOA?,D OF COUNTY COMMISSIOMERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: 5ARBAPJ% B. BERRY, Chairman Approved as to Form and Legal Sufficiency Marj~rie M. Sb~'e~ -"' Assistant County Attorney PUD-9~-12 C?.DI:;A::CE/ FOUNTAIN PARK ¥ A PLANNED UNIT DEVELOPMENT Regulations and Supporting Master Plan Governing the Fountain Park PUD A Planned Unit Development Pursuant to Provisions of The Collier County Unified Land Development Code Prepared For: Ann Dee Development 533 Turtle Hatch Lane Naples, Fl. 33940 Prepared By: Phoenix Planning & Engineering 1786 Trade Center Way Suite//2 Naples, Florida 34109 Date Filed Date Revised Date Approved ~, BCC ORDINANCE NUMBER EXHIBIT "A" TABLE OF CONTENTS Statement of Compliance SECTION I Property Ownership & Description SECTION 2 Project Development Requirements SECTION 3 Commercial Plan SECTION 4 Development Commitments EXHIBIT A Master Plan i I-1 2-1 3-I 4-1 2f 3 STATEMENT OF COMPLIANCE The development of approximately 10.14 +/- acres of property in Collier County, as a Commercial Planried Unit Development to be known as Fountain Park PUD, will be in compliance with the goal.s, objectives and policies of Collier County as set forth in the Growth Management Plan. The project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Activity Center Development The subject property is located in an area identified as an Activity Center in the Collier County Growth Management Plan. Activity Centers are the preferred locations for the concentration of commercial and development activities that contain a mixture of uses. The subject tract is located at the southwest corner of Airport-Pulling Road (CR-31) and Vanderbilt Beach Road (CR-862) intersection. This strategic location allows the site superior access for the placement of commercial activities. The project is in compliance with all applicable County regulations including the gro~.~h Management Plan. The project will be served by a complete range of services and utilities as approved by the County and/or the City of Naples. o The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. The Planned Unit Development includes open spaces and naturalized open features which serve as project amenities. (1) 1283 12B3 SECTION I PROPERTY OWNERSIIIP AND DESCRIPTION 1.1 PURPO,¥E The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions o£the property proposed to be developed under the project name &Fountain Park PUD. 1.2- LEGAL DESCRIPTION PROPERTY DESCRIPTION THE SOUTH I/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST I/4 OF THE NORTHEAST I/4. SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPTING THE EAST 100 FEET PREVIOUSLY GRANTED TO THE STATE OF FLORIDA FOR HIGHWAY PURPOSES. AND THE NORTH HALF (N 1/2) OF THE SOUTHEAST QUARTER (SE I/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE I/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA LESS AND EXCEPTING THE EAST I00 FEET THEREOF PREVIOUSLY DEEDED TO THE STATE OF FLORIDA. CONTAINING 10.14 ACRES MORE OR LESS. (1-1) 1.3 1.4 1.5 1.6 1.7 PROPERTY OWNERSItlP The subject property is currently under the ownership of Carla Collins Smith as Trustee of the Vanderbilt Beach Road Land Trust c/o Christopher Smith, Naples Realty Company, Inc., 6871 Bottlebrush Avenue, Naples, Florida. Ann Dee Development has a PurChase and Sale Agreement to purchase the property for the intended use of retail and office development. GENERAL DESCRIPTION OF PRoPERTY AREA The project site is located in section 2, Township 49 South, Range 25 East, just South of the Southwest comer of the intersection of Airport-Pulling Road and Vanderbilt Beach Road. The property is currently vacant. The zoning classification of the subject property prior to the date of this approved PUD Document was A. PHYSICAL D F. S CRIPTI O N Elevations within the project site range from 8.0 to 14.0 feet NGVD. All ofthe site is in Flood Zone "X" according to Firm Map 120067-0385 D, effective date of June 3, 1986. The soil types on the site are Immokalee fine sand Basinger fine sand. PROJECT DE3'CRIPTION The project will be a high quality commercial park with a maximum of 72,000 gross square feet of commercial development. SHORT TITLE This Ordinance shall be known and cited as the "l:ountain Park PUD Planned Unit Development Ordinance". 2.1 2.2 2.3 ]2B3 SECTION PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses. of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development ofl:ountain Park PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Collier County Land Development Code shall apply. Unless otherwise noted, the definitions ofaIl terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed for the development of Pbuntain Park I'UD shall become part ofthe regulations which govern the manner in which the PUD site may be developed. Except as modified by this PUD, the provisions of the Collier County Land Development Code remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities Section of the Collier County Land Development Code at the earliest or next to occur of either final SDP approval, final plat approval or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED IMIVD USES The project Conceptual Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. The project shall have a maximum of 72,000 gross square feet of commercial development. (24) 3.1 3.2 SECTION 3 coMMERCIAL PLAN PURPOSE The purpose ofthis Section is to identify the type of Commercial Uses and development standards that will be applied to the 10.14 +/- acre Fountain Park PUI). The entire site will be developed as a commercial project. All numerical group references are from the "Standard Industrial Classification Manual - 1987". USES PERMITTED No building or structure or part thereof, shall be erected, altered or used or land uses, in Whole or part, for other than the following: A. Permitted Principal Uses a.d Structures: Agricultural Services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). Amusements and recreation services (groups 7911-7941.7991-7993, 7997, 7999). Apparel and accessory stores (groups 5611-5699). Automotive dealers and gasoline service stations (groups 5511,5531,5541 with services and repairs as described in section 2.6.28 of the Collier County Land Development Code and Groups, 5571,5599 new vehicles only). Building materials, hardware and garden sUpplies (groups 5231-5261). Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, groups 7361-7393 except armored car and dog rental, group 7389 except auctioneefing, bronzing, field warehousing, salvaging of damaged merchandise). Commercial printing (group 2752, excluding newspapers). Eating and drinking establishments (groups 5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale &alcoholic beverages for on-premise consumption are subject to the locational requirements of section 2.6.10 &the Collier County Land Development Code. (3-1) 10. ll. 12. 13. 14. 1~. 16. I?. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 2B3 Engineering, accounting, research, management and related services (groups 87 ! 1- 8748). Food stores (groups 5411-5499): General merchandise stores (grOUps 5311-~399). Glass and glazing work (group 1793). Hardware stores (group 5251). Health services (groups 8011-8049, 8051-8059, 8062-8069, 8071-8072, and 8092- 8099). Home furniture, furnishings and equipment stores, (groups 5712-5719, 5722, 5731- 5736). Hotels and motels (group 7011). Insurance agents, brokers and service (group 641 I). Legal Services (group 8111). Membership organizations (groups 8611-8699). Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (groups 7629- 7631). Miscellaneous retail (groups 5912-5963, 5992-5999). Motion picture theaters (group 7832). Museums and art galleries (group 8412). Nondepository credit institutions (groups 6111-6163). Paint, glass and wallpaper store (group 5231). Personal services (groups 7215, 7217, 7219-7261 except crematories, groups 7291- 7299). Public administration (groups 9111-9199, 9229, 9311,9411-9451,9511-9532, 961 !- 9661). (3-2) .28. 29. 30 31. 32. 33. 34.' 35. 3.3 12B3 Real estate (group 6512). Retail nurseries, lawn and garden supply stores (group 5261). Security and commodity brokers, dealer, exchange.s and services (group 6211-6289). Social services (groups 8322-8399, except for homeless shelters and soup kitchens). United States Postal Service (group 4311 except major distribution center). Veterinary services (groups 0742, 0752 excluding outside kenneling). Videotape rental (group 7841). Vocational schools (groups 8243-8299). B. Permitted Accex,ory Uses attd Structures: Accessory uses and structures customarily associated with principal uses permitted in this district. DIMENSIONAL STANDARDS The following dimensional standards shall apply to all permitted and accessory uses: A. Minimum Lot Area: Ten Thousand (I 0,000) Square Feet. B. Minimum Lot Width: One Hundred (I Oft) Feet Minimum Yard Requirements: I. Front Yard: 2. Side Yard: 3. Rear Yard: 4. Waterfront: 5. Building Separation for Principal Structures Maximum Height: Fifty feet (50') Twenty-five feet (25') Fifteen feet (I 5') Fil~een feet (15') Twenty-five feet (25') Fifteen feet (15') or distance equal to one half(I/2) the sum of their heights, whichever is the greater. Minimum Floor Area of Principal Structure: (3-3) Seven Hundred (700) Square Feet gross floor area for each building on the ground floor. Go 3.4 I ' III III IIIIIII 12B3 I Minimum Off-Street Parking and Off-street Loading: As required in Division 2.3, Collier County Land Development Code. Landscaping and Buffering: As required in Division 2.4 and 2.8, Collier County Land Development Code Signs General Sign regulations of Division 2.5 of the Collier County Land Development Code shall apply unless such regulations are in conflict with the conditions set forth in this section. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Should any of the signs be requested to be placed within the public right-of- way, a right-of-way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight distance problems. Rights-of-way may be utilized for decorative landscaped enirance features and signage if prior approval is received from Engineering Review Services. Directory Signs One (1) sign with a maximum area of 250 square feet per sign face shall be permitted at each of the two main entrances to the commercial center on Airport Puling Road and Emerald Lakes Blvd. Directory signs shall not exceed a height of 25 feet above the finished ground level of the sign site. 3. Directory signs may be lighted provided all lights are shielded. Project Signs Project signs, designed to promote the project, or any principal use within the project, shall be permitted along the west side of Airport-Pulling Road, and on all land rafts within Fountain Park PUD limits subject to the following conditions: Project signs shall not exceed a height of'twenty (20) feet above the finished ground level ofthe sign site nor may the overall area of the sign exceed one hundred (100) square feet per sign face. b. A maximum ofsix (6) project signs shall be permitted. c. Project signs may be lighted provided all lights are shielded. 12B3 (3-5) SECTION 4, DEVELOPMENT COMMITMENTS 4.1' PURPOSE The purpose ofthis Section is to set forth the development commitments for the development &the.project. 4.2 . GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plan and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Plan and the regulations &the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning &the property. In addition, any successor or assignee in title to the developer shall be responsible for any commitments within this agreement. 4.3 PUD MASTER P/MN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be constructed to be final and may be varied at any subsequent approval phase. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, changes and amendments may be made from time to time. Bo All necessary easements, dedications or other instruments shall be granted to insure the continued operation and maintenance ofall service utilities and all common areas in the project. 4.4 SC'ItEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. (4-1) 4.5 4.6 4.7 TRANSPOR TA TION The development of this PUD Master Plan shall be subject to and governed by the following conditions: · · i A. Arterial level street lighting shall be provided at all project entrances. Said Improvement shall be in place prior to the issuance of any Certificates of Occupancy. IFA TER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: Big Cypress right-of-way permit and discharge permit shall be submitted prior to final Site plan / Construction plan approval. B. Water Management design and construction shall conform to Division 3.3.5.5.5.4 ofthe Collier County Land Development Code. UTILITIES The development of this PUD Master Plan shall be subject and governed by the following conditions: 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 Colloer County Ordinance No. 88-76, as amended, and other applicable County rules regulations. All customers connecting to the Water distribution and sewage collection facilities to be constructed will be customers ofthe 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. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Horida 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. (44) 4.8 ENGINEERING The development of this PUD Master plan shall be subject and governed by the following conditions: A. This project shall be required to meet all County ordinances in effect at the time of final Site plan / Construction plan approval. B. Design and construction ofall improVements shall be subject to compliance with appropriate provisions &the Collier County Land Development Code, Division 3.2 Subdivision. 4.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditionS: Wetland Jurisdiction determinations and, if necessary, permits from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final Site / Construction plan approval. Bo An appropriate portion of Native vegetation shall be retained on site as required in Section 3.9.5.5.4 Collier County Land Development Code. An Exotic vegetation removal, monitoring, and maintenace (exotic free) plan for the site shall be submitted to current Planning Environmental Staff for review and approval prior to final Site plan / Construction plan approval. (4-3) 12B3'" ORDINANCE NO. 99-5 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 N~BER 9502N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FOUNTAIN PARK PUD FOR COMMERECIAL USES, LOCATED AT THE SOUTHWEST CORNER OF AIPRORT-PULLING ROAD (C.R.-31) AND VANDERBILT BEACH ROAD (C.R.- 862) IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.14 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Kevin McVicker of Phoenix Planning and Engineering, Inc., representing Ann Dee Development, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Fountain Park PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 9502N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall becOme effective upon filing with the Department of State. of Collier County, 1999. PASSED AND DULY ADOPTED by the Board of County Commissioners Florida, thi~-~~day 0:~- ~-)f~[l~,/] , ,.DWlGHT E. BRQ.CK, ~Clerk f.sJgnature ~proved'.as tO Form and Legal Sufficiency ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Marjo~ie M. Student Assistant County Attorney PUD-98-12 ORDI IIA))CE/ FO UNTA IN PA RK PLANNED UNIT DEVELOPMENT Regulations and Supporting Master Plan Governing the Fountain Park PUD A Planned Unit Development Pursuant to Provisions of' The Collier County Unified Land Development Code Prepared For: Ann Dee Development 533 Turtle Hatch Lane Naples, Fl. 33940 Prepared By: Phoenix Planning & Engineering 1786 Trade Center Way Suite # 2 Naples, Florida 34109 Date Filed Dale Revised Date Approved by BCC ORDINANCE NUMBER EXHIBIT "A" TABLE OF CONTENTS Statement of Compliance ~. SECTION ! Property Ownership & Description SECTION 2 Project Development Requirements SECTION 3 Commercial Plan SECTION 4 Development Commitments EXHIBIT A Master Plan i 1-1 2-1 3-1 4-1 STATEMENT OF COMPLIANCE The development of approximately I0.14 + / - acres ofproperty in Collier County, as a Commercial Planned Unit Development to be known as Fountain Park PUD, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Activity Center Development The subject property is located in an area identified as an Activity Center in the Collier County Growth Management Plan. Activity Centers are the preferred locations for the concentration of commercial and development activities that contain a mixture of uses. The subject tract is located at 350' South of the corner of Airport-Pulling Road (CR-31) and Vanderbilt Beach Road (CR-862) intersection. This strategic location allows the site superior access for the placement of' commercial activities. · The project is in compliance with al/applicable County regulations including the'growth Management Plan. The project will be ~erved by a complete range of services and utilities as approved by the County and/or the City of Naples. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of/and use buffers, and the proposed development standards contained herein. The Planned Unit Development includes open spaces and naturalized open features which serve as project amenities. SECTION 1 PROPERTY OWNERSIIIP AND DESCRIPTION 1.I PURPOSE The purpose ofthis Section is to set forth the location and ownership of the property, and to describe the existing conditions &the property proposed to be developed under the project name o£Fotmtaitl Park PUD. 1.1 LEGAL DESCBIPTION PROPERTY DESCRIPTION THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4. SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LESS AND EXCEPTING THE EAST 100 FEET PREVIOUSLY GRANTED TO THE STATE OF FLORIDA FOR HIGHWAY PURPOSES. THE NORTH HALF (N I/2) OF THE SOUTHEAST QUARTER (SE I./4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER {NE 1/4) OF SECTION 2, TOWNSHIP 49 SOLFI'H, RANGE 25 EAST. COLLIER COUNTY, FLORIDA LESS AND EXCEPTING THE EAST 100 FEET TIIEREOF PREVIOUSLY DEEDED TO THE STATE OF FLORIDA.. CONTAINING 10.14 ACRES MORE OR LESS. III 1.3 1.4 1.5 1.6 PROPERTY OWNER,$'IHP The subject property is currently under the oWnership ofThe Vanderbilt Beach Road Land Trust. Trust distribution as follows: Carla Collins Smith 25%, Roger and Florence Collins 50%, and Christopher Smith 25%. Ann Dee Development has a Purchase and Sale Agreement to purchase the property for the intended use of retail and office development. GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in section 2, Township 49 South, Range 25 East, just South of the Southwest corner of the intersection of Airport-Pulling Road and Vanderbilt Beach Road. The property is currently vacant. The zoning classification of the Subject property prior to the date of this approved PUD Document was A. PH E¥1CAL DESCRIPTION Elevations within the project site range from 8.0 to 14.0 feet NGVD. Ali ofthe site is in Flood Zone "X" according to FirmMap 120067-0385 D, effective date of June 3, 1986. .~ The soil types on the site are Immokalee fine sand Basinger fine sand. PROJECT DESCRIPTION The project will be a high quality commercial l~ark with a maximum of 72,000 gross square feet of commercial development. SItOR T TITLE ' This Ordinance shall be known and cited as the "Foutttain Park PUl) Planned Unit Development Ordinance". (~-2) ¸2.1 2.2 2.3 SECTION 2 PROJECT DEVELOPMENT REQUIREMENTs PURPOSE The purpose of this section is io delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses &the tracts included in the project, as well as other project relationships. GENERAL mo Regulations for development of. Fout~tait~ Park Pill) shall be in accordance with ; the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts &the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application.. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the Collier County Land Development Code shall ~ apply. Unless otherwise noted, the definitions &all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. Co All conditions imposed for the development of Fountain Park PUD shall become part ofthe regulations whioh govern the manner in which the PUD site may be developed. Do Except as modified by this PUD, the provisions 6fthe Collier County Land Development Code remain in flail force and effect with respect to the development of the land which comprises this PUD. Eo Development permitted by the approval &this petition will be subject to a concurrency review under the provisions &Division 3.15 Adequate Public Facilities Section &the Collier County Land Development Code at the earliest or next to occur ofeither final SDP approval, final plat approval or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND US'ES Ao The project Conceptual Master Plan is illustrated graphically by Exhibit "A", PUD Master Plan. The project shall have a maximum of 72,000 gross square feet &commercial development. (2-1) 3.1 3.2 SECTION 3 COMMERCIAL PLAN PURPOSE The purpose of this Section is to identify the type &Commercial Uses and development standards that will be applied to the 10.14 +/- acre Fountain Park PUD. The entire site will be developed as a commercial project with two tracts to determine uses. Ali numerical group references are from the "Standard Industrial Classification Manual - 1987". USES PERMITTED No building or structure or part 'thereof, shall be erected, altered or used or land uses, in whole or part, for other than the following: A. Permitted I'rincipal Uses and Structures Tract ,4: Agricultural Services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). Amusements and recreation services (groups 7911-794 I, 7991-7993, 7997, 7999). Apparel and accessory stores (groups 5611-5699). Automotive dealers and gasoline service stations (groups 55 I, 5531,5541 with services and repairs as described in section 2.6.28 of the Collier County Land Development Code and Groups, 5571, 5599 new'vehicles only). Building materials, hardware and'garden supplies (groups 5231-5261). Business services (groups 7311-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, groups 7361-7393 except armored car and dog rental, group 7389 except auetioneering, bronzing, field warehousing, salvaging &damaged merchandise). Commercial printing (group 2752, excluding newspapers). Eating and drinking establishments (groups 5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic bevarages for on-premise consumption are subject to the locational requirements of section 2.6. I0 of the Collier County Land Development Code. Engineering, aCCounting, research~ management and related services (groups 8711- 8748). (34) I I ! I0. !1. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Food stores (groups 5411-5499). General merchandise stores (grOups 5311-5399). Glass and glazing work (group 1793). Hardware stores (group 5251). Health services (groups 8011-8049, 8051-8059, 8062-8069, 8071-8072, and 8092 8099). Home furniture, furnishings and equipment stores, (groups 5712-5719, 5722, 5731- 5736). Hotels and motels (group 7011). Insurance agents, brokers and service (group 6411). Legal Services (group 8111). Membership organizations (groups 8611-8699). Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (groups 7629- 763 I). Miscellaneous retail (group~ 5912-5963, 5992-5999)' Motion picture theaters (grOup 7832). Museums and art galleries (group 8412). Nondepository credit institutions (groups 6111-6163). Paint, glass and wallpaper store (groups 5231). Personal services (groups 7215, 7217, 7219-7261 except crematories, groups 7291 7299). ' Public administration (groups 9111-9199, 9229, 9311,9411-9451 9511-9532, 9611 9661). ' - Real estate (group 6512). 0-2) 29. 30. 31. 32. 33. 34. 35. 8. 9. 10. Retail nurseries, lawn and garden suply stores (group 5261). Security and commodity brokers, dealer, eXchanges and services (group 6211-6289). Social services (groups 8322-8399, except for homeless shelters and soup kitchens). United States Postal Service (group 4311 except major distribution center). Veterinary services (groups 0742, 0752 excluding outside kenneling). Videotape rental (group 748 I)i Vocational schools (groups 8243-8299). B. l~ermitled Princil)al Uses atut Structures 7?act B: Agricultural Services (groups 0741 except outdoor kenneling, 0742 except outdoor kenneling, 0752-0783 except outdoor kenneling). Apparel and accessory stores (groups 5611-5699). Building materials, hardware and garden supplies (groups 5231-5261). Business services (groups 731'1-7352, 7359 except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, groups 7361-7393 except armored car and dog rental, g~oup 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). Commercial printing (group 2752, excluding newspapers). Engineering, accounting, research, management and related services (groups 8711- 8748). Food stores (groups 5411-5499). General merchandise stores (groups 5311-5399). Glass and glazing work (group 1793). Hardware stores (group 525 i). (3-3) il. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. Health services (groups 8011-8049, 8051-8059, 8062-8069, 8071-8072, and 8092- 8099). Home furniture, furnishings and equipment stores, (groups 5712-5719, 5722, 5731- 5736). Insurance agents, brokers and service (group 6411). Legal Services (group 8111). Membership organizations (groups 8611-8699). Miscellaneous repair services, except aircratt, business and office machines, large appliances, and white goods such as refrigerators and washing machines (groups 7629- 7631). Miscellaneous retail (groups 5912-5903, 5992-5999). Museums and art galleries (group 8412). Nondepository credit institutions (groups 6111-6163). Paint, glass and wallpaper store (group 5231). Personal services (groups 7215, 7217, 7219-7261 except crematories, groups 7291- 7299). Public administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611 - 9661). ' Real estate (group 6512). Retail nurseries, lawn and garden supply stores (group 5261). Security and commodity brokers, dealer, exchanges and services (group 6211-6289). Social services (groups 8322-8399, except for homeless shelters and soup kitchens). United States Postal Service (group 4311 except major distribution center). Veterinary services (groups 0742, 0752 excluding outside kenneling). Videotape rental (group 7841). (3-4) 30. 3.3 Vocational schools (groups 8243-8299). B. Permit/ed Accessory Uses and Slruclures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. DIMENSIONAL STANDARDS The following dimensional standards shall apply to all permitted and accessory uses: Minimum Lot Area: Minimum Lot Width: Ten Thousand (10,000) Square Feet. One Hundred (100') Feet Co Minimum Yard Requirements: 1. Front Yard: 2. Side Yard: 3. Rear Yard: 4. Waterfront: 5. Building Separation for. Principal Structures Twenty-five feet (25') Fifteen feet (I 5') Fifteen feet (15') Twenty-five feet (25') D. Maximum Height: E. Min'imum Floor Area of Principal Structure: Fifteen feet (I 5') or distance equal to one half(I/2) the sum of their heights, whichever is the greater. Fifty feet (50') for Tract "A"; Thirty Five Feet (35') for Tract "B". Seven Hundred (700) Square Feet gross floor area for each building on the' ground floor. Minimum Off-Street Parking and Off-Street Loading: As required in Division 2.3, Collier County Land Development Code. Landscaping and Buffering: I. As required in Division 2.4 and 2.8, Collier County Land Development Code 2. A six foot opaque fence shall be provided along tennis court line. (3-s) 3.4 A. General I. Sign regulations of Division 2.5 of the Collier County Land Development Code shall apply unless such regulations are in conflict with the conditions set forth in this section. For the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. .Should any of the signs be requested to be placed withir~ the public right-of- way, a right-of-way permit must be applied for and approved. All signs shall be located so as not to cause sight distance problems. Rights-of-way may be utilized for decorative landscaped entrance features and signage if prior approval is received from Engineering Review Services. (3-6) Ill I 4.1 PURPOSE SECTION 4 DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 GENERAL All facilities shall be constructed in strict accordance with the Final Site Development Plan and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherMse, the standards and specifications of the official County Land Development Code shall apply to this project. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Plan and the regulations &the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning &the properly. In addition, any successor or assignee in title to the developer shall be responsible for any commitments within this agreement. 4.3 PUD MASTER PI.AN Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual, in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be constructed to be final and may be' varied at any subsequent approval phase. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, changes and amendments may be made from time to time. All necessary easements, dedications or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 4. 4 SCHEDULE OF DEVELOPMENT/MONITORING REPORTAND SUNSET PROVISION This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. (4-1) 4.% 4.7 TRAN,~;PORTA TION The development of this PUD Master Plan shall be subject to and governed by the following conditions: Arterial level street lighting shall be provided at all project entrances. Said Improvement shall be in place prior to the issuance of any Certificates of Occupancy. IFA TER MANAGEMENT The development ofthis PUD Master Plan shall be subject to and governed by the following conditions: Big Cypress right-of-way permit and discharge permit shall be submitted prior to final Site plan / Construction plan approval. B. Water Management design and construction shall conform to Division 3.3.5.5.5.4 ofthe Collier County Land Development Code. UTILITIE, g The development of this PUD Master Plan shall be subject and governed by the following conditions: Co 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 Colloer County Ordinance No. 88-76, as amended, and other applicable County rules regulations. All 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. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that 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. (4-2) ENGINEERING The development of this PUD Master plan shall be subject and governed by the following conditions: ~;~., A. This project shall be required to meet all County ordinances in effect at the time of final Site plan / Construction plan approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2 Subdivision. ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following condition s: Ao Wetland Jurisdiction determinations and, if necessary, permits from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final Site / Construction plan approval. : An appropriate portion of Native vegetation shall be retained on site as required in Section 3.9.5.5.4 Collier County Land Development Code. An Exotic vegetation removal, monitoring, and maintenace (exotic free) plan for the site shall be submitted to current PIanning Environmental Staff for review and approval prior to final Site plan / Construction plan appr.oval. 3 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County,~ Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-5 Which was adopted by the Board of County Commissioners on the 26th day of January, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of December, 1998. DWIGHT E BROCK .;. · ' Clerk- of Courts and~;.Ctez~, County Commissioners , By: Lisa Steele,. ' Deputy Clerk Naples DaiLy NapLes, FL 34102 Affidavit of Pubttcatt~ Naples Daily Hms BOARD OF COUHTY COt~HISSIONERS ATTN: HIATTA SIRLEAF PO BOX 413016 NAPLES FL 34101-3016 $7807337 #912501 CU-98-22 NOT%CE OF P State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Oaily Ne~s, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising vas published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples/ in said Collier County~ FLorida, and that the said newspaper has heretofore been continuously published in said Collier County/ FLorida, each day and has been e~tered as second class eatL ·atter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor proatsed any person, firs or coporation any discount, rebate, comaission or refund for the purpose of securing this adverttselent for publication in the said newspaper. PUBL%SHEO Oil: 01/10 Al) SPACE: 98.000 INCH FILE0 Off: 01/11/99 I, . Signature of Affiant /~ ' ' Sworn toand Subscribed~~~'O Per--ally known by ee CU-98-22 NOTICE OF PUBLIC HEARING Notice Is hereby given that the Board of County Commissioners of Collier County, will hold o Public hearing on TUESDAY, JANUARY 26, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tomloml Trail, Naples, Florida. The meeting will begin at 9:00 AoNL The Board will consid- er Petition CU-98-22, Emilio J. Robou, P.E., of RWA, Inc., repre- senting Hideout Golf Club, Ltd., re{auesting Conditional Use "17" of the "A" zoning district per Section 2.2.2.3 for o prlvcde golf course and clubhouse facility for property Ioccrted on Brontley Boulevard, east of the Golden Cote Canal, in Secffion$ 24 and 25, Township 49 South, Range 26 East, Collier County, Florida, corlsistlng of 180 plus or minus acres. NOTE: All persons wish. lng to speak on any DOan- do Item must register with flqe County administrator PRIOR to preserfloflon of the agenda Item to be od. dressed. Individual speak. ers will be limIted to $ minutes on any Item. The selection of on Iodlviduoi to speak on behalf of on organization or group Is encouraged, tf recognized by the Chairman, o spokesperson for o group or organization may be lofted 10 minutes to speak on on/fem. Persons wishing to hove wriffen or grcmhic rnoterlols included in the Board agenda pockets must submit sold material o minimum of 3 weeks prior to the respective public hearing. In any case, wriffen mcrferlols In- tended to be ConSidered by the Board Shall be sub. miffed to the appropriate County staff c~ minimum of seven days prior to the public hearing. All materi- al used In presentations before the Board will be- come o permanent port of the record. Any person who decldo es to appeal o decision of the Boo~d will need o re- cord of the proceedings rherloInlng thereto, and erefore, may need to ensure that o verbcrUm record of the proceedings Is mode, which record In- dudes the testimony and evidence ~ which the ooPeOl Is to be based. BOARD OF COUNTY COAAAAISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRNtAN DWIGHT E. BROCK, CLERK By:/s/Ellle Hoffmon, Deputy Clerk (SEAL) Jan. 10 No. 1333225 COLLIER COUNTY FLORIDA REQUEST FOR LEGAl. ADVERTISING OF PUBLIC IlEARINGS To: Clerk tn the Board: Please place the fnllnwin~ as a: XXX Normal legal Advc~isemcnt (Display Adv.. Iocalion. clc.) [] Other: Originating Dcpt/Div: Comm. Dcv. Scrv./Planning Pcrson: Susan Murray Dalc: 1 2/28/98 Pctition No. (If nonc. givc bricfdcscription): CU-98-22 Petitioner: (Name & Address): Hideout Golf Club Ltd., 1207 Third Street Sonlh, Suite 2, Naples. FL 34102 Name & Address &any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Emilio J. Robau, .P..E, RWA Inc., 3050 N. ttorscshoe Drive, Naplc~, FL 34104 " XXX Naplcs Daily Ncv, s Based on advertisement appearing 15 days before hearing. Other [] Legally Required Proposed Tcxl: (Include legal description & common location & Size: .Petition No. CU-98-22, Etnilio J. Robau, P.E., of RWA, Inc., ret)resenting Hideout Golf Club Ltd., requesfine Conditional Use "17" &the "A" zoning district per Section 2.2.2.3 for a private golf course and clubhonse facility for property located on Brantlev Boulevard, cast of the Golden Gate Canal, in Sections 24 and 25, Township 49 South, Range 26 East, Coi'iier Co.ntv, Florida, consisting of 180 phis or minus acres. Companion petition(s), if any & proposed bearing date: Docs Petition Fcc incl,dc advertising cost7 [~es [] No If Yes. wbal account should be charged for advertising costs: 113-138312-649110 Reviewed by: ~ C'~ -'~ q [ '2..- ~ o___, [ Approved by: Date /l~vision Head ' Date County Manager List Atmcbmcnls: DISTRIBUTION INSTRUCTIONS For bearings before BCC or BZA: Initiating person to coml)lcle one coy and obtain Division llead approval before submilting to County Manager. Note: If leg:il document is invoh'ed, be sure th:it an.',' necessary legal review, or request for same, is sulimilted to County Attorney before submitting to Count',' Manager. copies: ' . The Manager's office will distribute [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Oilier hearings: Initialing Division bead to approve and submit original to Clerk's Office. rclaining a cop.',' for file. FOR CLERK'S OFFICE USE ONLY: DatcReceived: /~/~~qteofPublicl,earing: ~/~/~ DateAdve.ised: (h,/~ X~OC~(~.-., NAPLES DALLY NEWS (Imcr.~3D]ma3 ~rr.q cov]u~) ELLIE HOFFI~N FAX ~o: PHONE 774-8406 December 29, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition CU-98-22, Hideout Golf Club, Ltd.~ Dear Pam: Please advertise the above referenced notice one time on Sunday, January 10, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 26, 1998, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU-98-22, Emilio J. Robau, P.E., of RWA, Inc., representing Hideout Golf Club, Ltd., requesting Conditional Use "17" of the "A" zoning district per Section 2.2.2.3 for a private golf course and clubhouse facility for property located on Brantley Boulevard, east of the Golden Gate Canal, in Sections 24 and 25, Township 49 South, Range 26 East, Collier County, Florida, consisting of 180 plus or minus acres. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended.to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record, i~: Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: Js/Ellie Hoffman, Deputy Clerk (SEAL) December 29, 1998 Hideout Golf Club, Ltd. 1207 Third Street South, Suite 2 Naples, FL 34102 ~ .~. Re: Notice of Public Hearing to Consider Petition CU-98-22 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman,~ Deputy Clerk Enclosure December 29, 1998 Mr. Emilio J. Robau, P.E. RWA Inc. 3050 North Horseshoe Drive Naples, FL 34104 ~ Re: Notice of Public Hearing to Consider Petition CU-98-22 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRIVATE GOLF COURSE AND CLUBHOUSE FACILITY CONDITIONAL USE "17" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 212.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT iCODE FOR PROPERTY LOCATED IN SECTIONS 24 AND 25, TOWNSHIP 49 SOUTH, ?JkNGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and ChaPter 125, Florida Statutes, has conferred on Collier Countyi~.the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public~hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "!7" of Section 2.2.2.3 in an "A" Zone for a private golf course and clubhouse facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a'~public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Emilio J. Robau, P.E. of RWA, Inc., representing Hideout Golf Club, Ltd., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incoruorated by reference herein ,~ .~C~. be and the same is hereby approved for Conditional Use "17" of Section 2.2.2.3 of the "A" Zoning District for a private golf course and clubhouse facility 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. This Resolution adopted after motion, second and majority vote. Done this day of , 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: Chairman Approved as to Form and Legal Sufficiency: Ma r ~-r-ie . ~-t ddent Assistant County Attorney f/CU-98-22 RESOLUTION COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-22 The following facts are foundS: :iiiii!~ 1. Section 2.2.2.3.17 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: A. Consistency with the Land Development Code and Growth Management Plan: i!ii~ 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 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 Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: f/FINDING OF FACT C}{AIRMAN/CU-98-22 Exhibit "A" -I I}A1 ' C) C' Exh: :l Exhibit D CU-98-22 tlideout Gol£Course Subject to the following conditions: RESOLUTION 199- 84 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRIVATE GOLF COURSE AND CLUBHOUSE FACILITY CONDITIONAL USE "17" IN THE "A" ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 24 AND 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "17" of Section 2.2.2.3 in an "A" Zone for a private golf course and clubhouse facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition fii.~d by Emilio J. Robau, P.E. of RWA, Inc., representing Hideout Golf Club, Ltd., with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein ~.~ - be and the same is hereby approved for Conditional Use "17" of Section 2.2.2.3 of the "A" Zoning District for a private golf course and clubhouse facility 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. This Resolution adopted after motion, second and majority vete. Done this Signature only. ATTEST: DWIGHT E. BROCK, Clerk Ap~qved as to Form and Legal Sufficiency: Assistant County Attorney day.~, of ~, 1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA / BY:~ M~A_C~ /~ f/CU-98-22 RESOLUTION FINDING OF FACT BY COLLIER COUNTY P~%INING COMMISSION FOR A CONqDiTIONAL USE PETITION ' FOR The following facts are found: Section 2.2.2.3.17 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'idistrict or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes '~/No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress ~ egress Yes ~-'-No C o De Affects neighborin9 properties in relation to noise, glare, economic or odor effects: ~ No affect or Affect mitigated b ~ /ff~/C Affect cannot be mitigated ~C,'~,, Compatibility with adjacent properties and other property in the district: Compatible use within district Yes 6/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval . DATE: CHAI III :'/$z¢ / IRACTS ?~t. 2Y. 30..52. 5.5 Alii) 34. I}~E %LIDI)I'¢I'~IOI'i OF ~[('llON 24, I49S.. A~;RL IRACI'~ A~ RKCORI)I.f) IIJ [)IAI flC.lk 4, PAC;L ~4, COLLIER COIJUP~ FLORIDA f'l. lDllC RECORI)S. MORE PARHCUIARLY DESCRIDED A3 [OLLOWS ' (OMMEtICIIJG Al litE SOtllitw[$1 r'flRliLI1 I~r 5[CllOtl '24, TOWNSItlP 49 SOLIIlt, RANG[ ~lJOE~Sl~3tl or S[.C[i(//~ 24, r.4~.~., ~.~6[. IHTO 1~ ACRE TRACTS AS RECORDED ~N PlAT OO(~K ,I. PAGE ~4, COLI.IE~ COUNIY FIORII~A PUBLIC RFCODDS; THfNCE ti 00'59'50"w. ~LONG 1HE w[_~[ I IH~ Or SAID 5[C11OH AtlO H{E wEST LINE or SAID N OJJ'Sq'50"W. ALONG ~,AID WESt LINE rOE 71qO7 rE[.t TO TII~ NoRrlfwEst CORNER ~1 JOE 527.89 F~E[ IO 111[ Hr)~TIIEA%J COR~I[P Or SAID Il?AC1 ,~1: 111E~IC[. : ';OO'58'45"W. A[.O~J(; THE COMMfJH t.l[l[ Or JPA[:[ ~1 AND 1PACT 30 FOR 7lq. SD ~[LI; H~Lt~c.L ~.88'52'08"w. l'c)p 52166 FEEl Ir) Ill[. POINf or gEOl/,t~llNG LOMIA[.tl~.ltfl; Al T}IK SoiIrllw[,;[ CORIILR OF c,CC[iON ~4 ATT[) lifE. /IORTIIWEST R['GIIIIIII.IG, Ill[tlC[ CONTIIIU[ ~,(lg'SJ'~,(l"[ AliIN(; SAID W~S{ I. III{L; fOB 100800 riel,. INEt/CE //.89'07'24"r rt)P ~98095 rEEl. [IIEUC[ /{.00'~8:51'W. FOR rl,)F.'IIIwE~T r')tlE (JIJARILS' (NWl/4) ClF SAID SECTION YS; {llEllC[ ll Ol'OO'3o'r :',Co'S/'ll"F fOR 1()12.[).1 FEll IH[N('F ';Rq'qO'Sl"W FOP I~lqr, 4 rfr. T IrI ii iii n I~11 IIIIIII I I I I III II III I I IIIII II III IIIIIII II II i iiiiiii ii i CU-98-22 Exhibit D Subject to the following Conditions: CU-98-22 1. Permits or letters ofexcmption from the U.S. Army Corps of Engineers (ACOE) and thc South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 2. An appropriate portion of native vegetation shall be retained on site its required ill Section 3.9.5.5.4. of thc Collier County Land Development Code (CCLDC). 3. An exotic vegetation removal, rr|onitoring, and maintenance (exotic free) plan for tile site, with en'~phasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods of exotic vegetation removal 1o be used within areas of retained native vegetation. 4. The petitioner shall conlply with tile guidelines and rcco~nmcndations of thc U.S. Fish ami Wildlife Sen'ice (USFWS) and Florida Game and Fresh \\'ater Fisll Commission (FGF\VFC) regarding impacts to protected wildlife species. Where protected species occur on site, a habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 5. A roadv.,ay surface condition survey ofthe last (southerly) mile of 23'a St. S.W., shall be submitted to the Collier County Transportation Services Department for review and approval prior to final site plan/construction plan approval. Following construction of the golf course, thc clubhouse, and the maintenance facility, the developer shall submit another survey. If, and to the extent that. the survey discloses degradation to the last mile of23'~ St. S.W. attributable to thc construction of the golf course, tile clubhouse, and the maintenance facility, thc developer shall restore that portion of the street to its pre-construction condition. Prior to the issuance of building pen'nits for the project. the petitioner shall provide reasonable financial assurances, in any of tile forms authorized for subdivision improvement guarantees, that funding will be available to make the restoration if shown as necessary by tile survey. 6. The Collier County Transportation Services Department reserves the right 1o monitor the roadway conditions to dctem'fine if roadway improvements arc required as a result traffic associated with Hideout Golf Club. If improvements are deemed necessary, the developer shall bc responsible for their proportionate share of required improvements. 7. The petitioner shall pave and maintain Brantley Boulevard from 23'" St. SW to the Clubhouse entrance, to County standards, with a minimum pavement width of twenty-two (22) feet. 8. Brantley Boulevard shall not be vacated or closed through the limits of the proposed project. 9. The GolfCourse and its accessory uses shall be limited for use by members and their guests only and shall not be open to the public. Membership shall be limited to a maxinmm of 350 people. 10. Restaurant size shall be limited to a maximum seating capacity of 150 seats and shall serve patrons not later than one hour after sunset. 1 I. Pro-shops with equipment sales shall be limited to a maximunl of 1,000 square feet in size. NapLes DalLy NapLes, FL 34102 Affidavit of PubLication Naples DaiLy Ne~s BOARD OF COUNTY COHHISSIOflERS ATTN: flIATTA S%RLEAF PO BOX 41:5016 NAPLES FI. 34101-3016 REFERENCE: 001230 1131383126~91 57806984 V-98-23 NOTICE OF PU State of FLorida County of Collier Before the u~er$igned authority, personally appeared B. LaB, who on oath says that she serve: as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper pubtished at Naples, tn Co~lter C~nty, FLorida: that the attach~ c~ of Advert~si~ vas ~bLish~ ~n ~a~d n~s~per ~ dates ~ist~. Affiant furthen ~ay~ that the ~a{d NapLe~ N~s is a nevs~per ~bL~sh~ at Naples, in sa~d CoLL~er C~nty, FLortda, a~ that the sa~d n~s~r ~s heretofore been cont~n~sLy ~t~sh~ ~n sa~d CoLL~er C~nty, FLorida, each ~y a~ ~s ~en enter~ as second class ~L ~tter at the ~st off,ce ~n Naples, ~n sa~d CoLL~er C~nt7, F~or~da, for a per~ of 1 year next prec~ the f~rst pubLicat~ of the attach~ c~y of ~vert~sement; a~ affiant furthen says that she has neither paid ~r pr~ts~ any person/ f~ra or c~ratton any dt~c~t, re~te, c~iss$~ or refu~ for the ~r~e of securing this ~verttseeent for ~bCicati~ ~n the said nevs~per. PUBLISNE0 ON: 01/10 AD SPACE: 96.000 INCH FILE0 ON: 01/11/99 v.98.23 NOTICE OF PUBLIC HEARING Notice IS hereby Given that the Board of County Coenmlssloners of Collier County, will hold o public he~'lng Of 1 TUESDAY, JANUARY 26° 1999, In the Boardroom, 3rd Floor~ Administration Building, Coitler County Government Center, 3301 East Tomloml Troll, Naples, Florida. The meeting will begin at 9.tX) The Board will consid. er Petition V.98.23, Richard D. Yovono- rich, Esq. of Goodleffe Coleman & Johnso~ P.A. rel~'eseflflng Gus Sciocquo, recrdesflng o 15 foot variance from the required 15 foot side yard settx~ck to 0 feet toe pro~erty Iocot. ed crt Tomlornl Troll North (U.S. 41), further descrbed as Lot 82, Naples Improvement Co's Ltttle Farms, In Section 22, Town~Fp 49 S<x.,th , R onge 25 Eost. NOTE: All persons wish. lng fo speak o~ ony o~eno da Item must register with the Courn~' c~mlnls~otc~ PRIOR to presentation ot the openc~a Item to be od. dressed. Individual ers will I:~ limited to mlnutos on any item. The selection of on Individual to s~eok on I~holf of on organization oe grouo IS encouraged, ff recognized by the Cholrmon, o $pokesoerson far (3 g~oul~ ar argonlzotlon may be al- lofted 10 minutes to on on Item. Persons wishing hove w~lffen ar grodhlc materials Included In the Board agenda pockets must submit sold motertol o mlnlrnum of 3 weeks prlar to the resoecflve public hearing. In any case, written m~terlals In- tended to be considered by the Boo~cl shall be sub- miffed to the op~'oprlote County start o minimum of seven days prlar to the public hearing. All moterl. al used In I~esentotlons I before the Bo~rd will come o permanent pod of the recarcL Any person who decid- es to appeo~ o decision of the Boord will need a re- cord of the proceec~Ings I pertolning thereto, and therefare, moy need to ensure that o verbatim record of the proceedings is made, which record in- cludes the testlm~¥ and evidence u~x~ which the appeol is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR iDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By:./s/Lisa Stecqe 1. A2 R£QUr-ST FOR To: Clerk to the Board: Please dace the I'ollowin~ a.~ a: 13A2 XXX Normal legal Advertisement [] Other: (Display Adv.. location. ' :;' " ", ''''"'''''r '" '" Ongl~,ng Dcpg Dw: Conlnl.Dcv. SoB'Wlnnmng Petition No. (If none. give brief description): V-9R-23 Pcmioncr: (Name & Address): Gus Sciacqua, 3078 Tamiami Trail Noah, Naples, FL 34103 Name & Address of any person(s) to be notified by Clerk's Office: (If mom space is needed, attach separate sheet) Richard D. Yovanovich, Esq., Goodlette, Coleman 8: Johnson, P.A., 4001 Tamiami Trail Norlh, Suite 300, Naples, FL 34103 Hearing before BCC ,'GXX BZA Other ~. - Requested ltennng date: lt qq ?asedonndverlisementappearing 15 days before hearing. Newspaper, s) to be used: (Complcle o,ly if imponnnl): XXX Naples Daily Ncxvs Olhcr [] Legally Required jl~~i ,Re:'imvcd Proposed Text: (Include legal description & common location 8: Size: Petition No v-gg-23, Richard D Yovanovich, Esq., of Goodlctte. Colemnn & Johnson, P.A., representing Gus $ciacqua, .requesting a 15 foot varinnce from thc required 15 foot side yard ~etback to 0 feet for propcrw located at Tamiami Trail Ngrll~ (l,J,~,. 41 ), timber descril;x:d as Lot 82, Naples hnprovement Co's. Lilt!{ Farms, in Section 22, Township 49 $gutlK,Range 25 EO$ii'~,' 5 :' Companion petilion(s), if any 8: proposed l~ring..~te: ' : Petition Fee include advertising cost'? [~Ycs ['-1 No If Yes. ~hat account should be charged for advertising costs: 3-138312-649110 Approved by: Date County Manager Date List Altachmcnts: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one co)' and obtain Division llead approral before submitting to County Manager. Note: If lel~al document is invnh'ed, be sure that any necessary legal review, or request [-] County Manager agenda file: to Clerk's Office r-i Requesting Dis'ision :e:,: Original B. Othcr hearings: Initiating Division head to approve and suNnit original to Clerk's Office. retaining a cop.,,' for file. Date of Public hearing: . 5 Date Advcrliscd: for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: PA~ PERRELL NAPLES OArL¥ 263-4703 · F]~: LISA STEELE ~(IN; ~ Com'~r~-i 120: (94:1.} 774-8406 '1 1. A2 December 18, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Floridaii~34102 ~ 'i Re: V-98-23 Naples Improvement Co"s Little Farms Dear Pam: Please advertise the above referenced notice one time on Sunday, January 10, 1999, and kindly send the Affidavit of Publication, in duplicate, together with char~ es involved to this office. Thank you. ~. ~ Sincerely, Lisa Steele, Deputy Clerk Purchase No. 113-138312-649110 (SEAr.) NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 26, 1999 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The ~meeting will begin at 9:00 A.M. The Board will consider Petition No. V-98-23, Richard D. Yovanovich, Esq. of Goodlette, Coleman & Johnson, P.A., representing Gus Sciacqua, requesting a 15 foot variance from the required 15 foot side yard setback to 0 feet for property located at Tamiami Trail North (U.S. 41), further described as Lot 82, Naples Improvement Co's Little Farms, in Section 22, Township 49 South, Range 25 East. NOTE:All persons wishing to speak on any agenda item must"register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesman for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum or,seven days prior to the public hearing. All material used in Dresentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board wili 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK . ~By: /s/Lisa Steele, Deputy Cle~k! mi II I I I III IIIIIIII I 13A2 December 18, 1998 Gus Sciacqua 3078 Tamiami Trail North Naples, FL 34103 Public Hearing to Consider Petition V-98-23 Dear Petitioner: '~ii~"~. Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure December 18, 1998 13A2 Richard D. Yovanovich, Ese Goodlette, Coleman & John~ 4001 Tamiami Trail North Suite 300 Naples, FL 34103 Public Hearing to Consider Petition V-98-23 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure RESOLUTION NO. 99- RELAT:~:G TO PETITION NUMBER V-98-23, FOR A '.'ARI~NCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida :n Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, ccordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 15-foot variance from the required 15 foot side yard setback to 0 feet as shown on the attached plot plan, Exhibit "B", in a C-4 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-23 filed by Richard D. Yovanovich, Esq., of Goodlette, Coleman & Johnson, P.A., representing Gus Sciacqua, with respect to the property hereinafter described as: EXHIBITi"A" be and the same hereby is approved for a 15-foot variance from the required 15 foot side yard setback to 0 feet as shown on the attached ' - Zoning Dis~ric~ where~n said property is located, subjecu t~ the following conditions: This variance ~s for encroachments depicted on the plo~ plan (Exhibit "B" ) . Any encroachme~'~s shown on =he plo~ plan shall require a separa=e variance a BE IT RESOLVED that this Resol ion relating to Petition Nu~er V-98-23 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk ,~,~3il~,~,~,~ BO~URD OF ZONING APPEALS Chairman Approved as to Form and Legal Sufficiency: Mar' M. Student Assistant County Attorney cj/V-98-23 RBSOLUTIO~; 13A2 EXHIBIT A PARCEL NO. 1' The East 100 feet of hte West 400 feet of the South 1/2 of Lot 82, NAPLES IMPROVEMENT CO.'S LITTLE FARMS, according to the plat in Plat Book 2, Page 2, Public Records of Collier County, Florida.: PARCEL NO. 2: !~;i The West 590 feet of the North 1/2 of Lot 82, excepting therefrom the North 86 feet of the West 200 feet, NAPLES IMPROVEMENT CO.'S LITTLE FARMS, according to the plat in Plat Book 2, Page 2, Public Records of Collier County, Florida. ; ,, ! / 0 EXHIBIT "B" II RESOLUTION NO.'199- 85 RELATING TO PETITION NUMBER~V-98-23, FOR A VARIANCE ON PROPERTYHEREINAFTER 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 thei~'liC; and i 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~Appeal~ being the duly elected constituted Board of the area hereby.affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 15-foot variance from the required 15 foot side yard setback to 0 feet as shown on the attached plot plan, Exhibit "B", in a C-4 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory prOviSion and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE'BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-23 filed by Richard D. Yovanovich, Esq., of Goodlette, Coleman & Johnson, P.A., representing Gus Sciacqua, with respect to the property hereinafter described as: be and the same hereby is approvedi.~for::."~"'"~lS,foot variance from t'he required 15 foot side yard setback't° 0'feet as shown on the attached plot plan, Exhibit "B", of the C-4 Zoning District wherein said property is located, subject to the following conditions: , ! This variance is fc: encroachments depicted on the plot plan (Exhibit "B"). Any encr..,achments not shown on the plot plan shall require a separate variance ap[ BE IT RESOLVED that this g to Petition Number V-98-23 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this~'7~' day of~-~/QL~~, 1999. ATTEST:; D~"E.'BROCK, Clerk BOARD OF ZONING APPEALS > ~,, . ~'{i .... ~p ove~ as 'to Form and Legal Sufficiency: /'~' ~7 Assistant County Attorney g/V-9~-23 R£SOLUTION PARCEL NO. 1' EXHIBITA The East 100 feet of hte West 400 feet of the South 1/2 of Lot 82, NAPLES IMPROVEMENT CO.'S LITTLE FARMS, according to the plat in Plat Book 2, Page 2, Public Records of Collier County, Florida PARCEL NO. 2: · ' The West 590 feet of the North 1/2 of Lot 82, excepting therefrom the North 86 feet of the West 200 feet, NAPLES IMPROVEMENT CO.'S LITTLE FARMS, according to the plat in Plat Book 2, Page 2, Public Records of Collier County, Florida. 0 NapLes DaiLy News NapLes/ FL 34102 Affidavit of Publication NapLes OaiLy BOARD OF COUNTY COHHISSIONERS ATTN: HIATTA SIRLEAF PO BOX ~13016 NAPLES FL 34101-3016 REFERENCE: 001230 #912501 578068~5 V-98-21 NOTICE OF PU State of FLorida C~nty of Collier Before the undersigned authority, personally appeared B. La~, who cm oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper publtshad at Nep~e~, tn Collier County, Florida: that the attach~ c~y of AdvertJsi~ ~as publ~sh~ in said n~s~per ~ dates {ist~. Affiant further says that the said NapLes 0ai~y N~s ts a neus~per ~b~sh~ at Naples/ ~n sa~d ColLier C~nty, Ftorida, and t~t the said n~s~r has heretofore been conttn~usLy ~bLtsh~ ~n said CoLLJer C~nty, F~ort~, each day a~ has ~en enter~ as second crass ~i[ ~tter at the ~st office in Naples, ~n sa~d CoLd,er County/ Florida, foe a perf~ of 1 year next preening the first pubCtcatt~ of the attach~ c~y of advertisement; a~ affiant further says that she has neither ~id nor pr~is~ any person/ firm or co~rat~ any disc~nt, recta, commission or refu~ for the ~r~se of securing this advertisement for ~bLicati~ ~n the said ne~s~per. PUBLISHED ON: 01/10 AD SPACE: 94.000 INCH FILED ON: 01/11/99 i ........................... NOTICE OF PUBLIC HEARING Notice Is hereby given that the Board of Countv Commissioners at Collier CountY, will hold a public hearing on TUESDAY .JANUARY :26, 1999, the Boardroom, 3rd Floor, Admlnlsfrotlon Building, Collier County Government Center, 3301 East Tomloml Troll, Naples, Florida. The meeting will begin ~f 9-.00 A.NL The Board will co. sid- er Petition V-9S-21, James W. Vlergutz, representing Wedg. mort, In¢~ requesting a 25 foot variance from the required 35 foot front seroock foe Dc. cessorv structures to 10 feet forpro~erty Ia- coted at 925Palm View Drive, Palm River Es- tates Unit 4, In Section 23, TownStlJp 48 Range :25 East, Collier County, Florida. NOTE: AIl persons wish. lng to ~ on any agen- da Item must register with the County administrator. PRIOR to presentation of the agenda Item to be c~'essed. Individual speak- ers will be limited to minutes on any Item. The selection of on Indlvlduat to speak oft behalf of o~'ganlzcitlofl or geou~ Is encouraged. It recognized by the Chairman, o sookesoerson foe a grou~ oe orgonlzolton may be al- lotted 10 minutes to s4~eok on on Item. Persons wishing to hove wrlffen Or materials IncJucled In t~e Board agenda pockets must submit sold moterfol a minimum of 3 weeks prior to the respective public hearing. In onv cose, wrlflen materials in- fended to be consldes'ed by the Boord sholl be miffed to the appropriate County staff o minimum of seven days pride' to public hearing. All materl. al used In presentations betoee the Bo(~'d will be. come a permanent part at the record. Any person who decld. es to Ol~eal a decision at the Board w~ll need a re- coed at the proceedings pertaining thereto, and therefore, may need to ensure that a verlx~m record of the proceedings Is mode, whk:h re¢oed eludes the testimony evk~ence u~on which a~peat I$ to be bosecL BOARD OF: COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B, BERRY. CHAIR~N DWIGHT E. BROCK, CLERK By:/$/Ellle Hoffrno~ Jan. 10 No. 1320597 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement (Display Adv., location, etc.) 13 3 Originating Vcpff Div: Comm. Dcv. Scrv./Planning Person: ~'c~ vv~ ~cJv~ ~ Date: tt, Z.%, Petition No. (If none, give brief description): v-gg-21 Petitioner: (Name & Address): Wedlzmont. Inc., 955 Palm View Dr.' Naples. FL 341 t0 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate shoct) James W. Viergutz, 3670 BaH Lane, Eslero, FL 33928 Hearing bcforc BCC XXX BZA Other t i Requested Hear!ng date: Newspaper(s) to be used: (Complete only if imporlan0: Based on advertisement appeari~ys before hearing. XXX Naples Daily News Other '- ~' [] Legally Required Proposed Text: (Include legal description & common loc, REtort & Sizo: Petition NO, V-98-2 I, James W~ Viergutz, representing Wedgmont, Inc., requesting a 25 foot variance from the required 35 fool front selback for accessory structures to 10 feel for property located at 925 Pahn View Drive, Palm River Estates Unit 4, in Seclion 23, Township 48 South, Range 25 East. Companion petition(s), if any & proposed hearing dale: Docs Petition Fee include advertising cost? []~es [] No If Yes, what account should be charged for adverlising cosls: Reviewed by: ' Approved by: d Date Count)' Manager Date List Atlachmcnls: DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one coy and ohtain Division llead approval before submitting to County Manager. Note: Ir legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to Count>' Manager. The Manager's office will distribute COlfies: [] County Manager agenda file: to Clerk's Office [] Reqt,csti.g Division [] Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERk'S OFFICE oN[v} Date Received: ~a/fJ Dale of Public hm, rin Date Adve~imd: ~/~f !3~3 COVER) NAPLES DAILY NEWS 2~$-4703 .~'~:~]~: ELLIE HOFFMAN PHONE ~): ~9&1) 774-8406 ,i December 3, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition V-98-21 Dear Pam: Please advertise the above referenced notice one time on Sunday, January 10, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 26, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-98-21, James W. Viergutz, '~' '~representing Wedgmont, Inc., requesting a 25 foot variance from the required 35 foot front setback for accessory structures to 10 feet for property located at 925 Palm View Drive,' Palm River Estates Unit 4, in Section 23, To~ship 48 South, Range 25 East, Collier County, Florida. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged.. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the Any person who decides to appeal~ of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL) December 3, 1998 Mr. James W. Viergutz 3670 Bali Lane Estero, FL 33928 Re: Notice of Public Hearing to Consider Petition V-98-21 Dear Petitioner: Please be advised that the above ~eferenced petition will be considered by the Board of County~Commissioners on Tuesday, January 26, 1999, as indicated on'ithe enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure December 3, 1998 Wedgmont, Inc. 955 Palm View Drive Naples, FL 34110 Re: Notice of Public Hearing to Consider Petition V-98-21 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January. 10, 1999. You are invited to attend Sincerely, hearing. Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO. 99- RELATING TO PETITION NUMBER V-98-21, FOR A VAi-~ANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning'and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 25-foot variance from the required 35 foot front setback for accessory structures to 10 feet as shown on the attached plot plan, Exhibit "A", in a RMF-6 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONIMG APPEALS of Collier County, Florida, that: The ?etition V-98-21 filed by James W. Viergutz, representing Wedgmont, Inc., with respect to the property hereinafter described as: Exhibit "B" ~ be and the same hereby is approved for a 25-foot variance from the required 35 foot front setback for accessory structures to 10 feet as shown on the attached plot plan, Exhibit "A", of the RMF-6 Zoning !3 3 District wherein said property is located, subject to the following conditions: ..... Prior to the issuance of a building permit for the carports, a double row of shrubs 24" on center shall be installed along Palm View Drive adjacent to the existing parking spaces. BE IT RESOLVED that this Resolution relating to Petition Number V-98-21 be recorded in the minutes of this Board. This Resolusion adopted after motion, second and majority vote. Done this day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency: Chairman Marj .e M. St~ Assistant County Attorney f/V-98-21 ~E$OLUT i ON ;'I t! .: Palm River Estates Unit 4, Block "E" Lots 10, 11 and WEST 70 FEET OF Lot 12 as recorded in Plat Book 8, pages 69 and 7'0 of Collier County Public Records. RESOLUTION~NO':.~99~'~.' 86 ei, RELATING TO PETITION NUmbER'?V:08-21, FOR A VARIANCE ON PROPERTY HEREINAETER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, < Florida Statutes, has conferred o~a in Florida the power to :? establish, coordinate and enforce.zon 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 Zonlng':Appeal$; being the duly elected constituted Board of the area hereby affected has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 25-foot variance from the required 35 foot front setback for'' '~ , .~.. accessory structures to 10. ~[eet as shown on the attached plot ; plan, Exhibit "A", in a RMF-6 Zo~?/f°ri'~he property hereinafter oescribed, 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 part~s have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-21 filed by JameS~.W. Viergutz, representing ;mont, Inc., with respect to th~ prOPerty hereinafter described as: Exhibit "B" be and the same hereby is approved for a 25-foot variance from the required 35 foot front setback for accessory structures to 10 feet as shown on the attached plot plan, Exhibit "A", of the ~MF-6 District wherein said property is located, subject to the following ~i, condz t lens: '~i: 1. Prior to the issuance or,a:~Dull(~ing permit' for the carports ~.,~ .... a double row of shrubs 24" on center shall be installed along Palm View Drive adjacent to the existing parking spaces. DWI E~ BROCK, lerk BE IT RESOLVED that this Resolution relating to Petition Number V-98-21 be recorded in the minutes of this Board. This Resolution adopted after motion~~ second and majority vote. day of~~L~t , 1999. Done this C BOARD OF ZONING APPEALS COL,L~ fOUNTY, FLORIDA . :':,?,;i~ Appr6%ed aS t,q--FOrm and Legal Sufficiency: Marjor~ M. Studefit Assistant County Attorney f/V-98-2! RESOLUTION I I I i "1 EXHIBIT ~ "A" 3 13A3 Palm River Estates Unit 4, Block "E" Lots 10, 11 and WEST 70 FEET OF Lot 12 as recorded in Plat Book 8, pages 69 and 70 of Collier County Public Records. EXHIBIT "B" NapLes Daily Naples, FL 3410~ Affidavit of Publication Naples Daily Ne~s BOARD OF COUNTY COflH]SSIONERS ATTN: HIATTA SZRLEAF PO BOX 41~O16 NAPLES FL 34101-3016 State of Florida County of Collier 1131383126491 CU-98-24 NOT[CE OF P Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serve= as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of Advertising was published in said newspaper on dates listed. Affiant further says that the said Naples 0oily Ne~s is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been conttnuouaLy published in said Collier County, Florida, each day and has been entered as second claaa maiL matter at the post office in NapLes, in laid ColLier County, FLorida, for a period of 1 year .... next preceding the first publication of the attached copy of advertisement; and affiant further soya that she has neither paid nor promised any person, fire or coporation any discount, rebate, comaissic~ or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBL%SHEO Off: 01/10 t.,~I- AD SPACE: 103.000 INCH FILED ON: 01/11/99 ..................................... =f ....... .......................... Signature of Affiant // ,..~,!. r/ bib d b~re me th~s ~/~day af~'~- 19~ Personalty known by me / ' ' {~i'~}::5~':., MARCd~RET J. SILLS II I1 V?:,_ae~{~ ~J'~RES: ~ 0110 0,0aaU ES AND PETm0tlS CU.98-24 NOTICE OF' PUBLIC HEARING Notice Is hereby given that the Board of County Commissioners of Collier County, will hold o public hearing on TUESDAY, JANUARY 26, 1999~ the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tomlami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consld- er Petition CU.98.24. Mark W. Minor, P~. cd O. Grodv ~lnor and AsSociates, P,~., repre. senflng Robert Duncan for the Task Force for the Homeless, request. lng Conditional Use "9" of the "C-4" zoning als- trigs per Section 2.2.1.5.3 to odd twerP/ (20) beds to on existing homeless shelter for r~roperty located at 001 Airport Rood South (C.R. 31), further described as Lot 1, Block K, The Glades, Unit Two, In Section 12, Township 50 South, Range 25 East, Collier County, Florida° Isling of 2.3 plus or minus acres. NOTE: All persons wish. lng to s~eak on Dry agen- da Item must register wtth the County odmlnlstrato( PRIOR to presentation of the agenda Item to be od. dressed. Individual speak. ers will be limIted to minutes on any Item, The selection of on Individual to speak on behalf of on organization or group Is encouraged, ff recognized bY the Chairman, a spokes~erson for o grou~ or organization may be al- lotted 10 minutes to ~ on an Item. Persons wishing to hove written or graphic materials Included In the Board agenda Pockets must submit sold material o minimum at 3 weeks prior to the respective public hearing. In any case, wrlffen materials In. tended to be considered by the Board shall be sub. miffed to the appropriate County staff o minimum of seven days prior to the public hearing. All materi- al used In presefltatlo~s before the Board will be- come a permanent ~ of the record. ' Any Person who decld. es to o~eal o o~¢lslon of the Board will need o re. cord of the prOCeedings ~ertolnlng thereto, and ~erefore, may need ensure tt~at a vertx~lm record of ~he proceedings Is mode which record In- cludes :l~e testimony and evidence ~ w'nlch the appeal Is to be loosed. BOARD OF COUNTY COMMISSIONER S COLLIER. COUNTY~ · FLORIDA BARBARA B. BERRY, DWIGHT E. BROCK, · ': CLERK ' ' Deputy Clerk ~, , Jan. 10 .,' No. 1328899 COLLIER COUNTY FLORIDAi~~ 'i REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advertisement [] Other: (Display Ad,,'.. location, etc.) Petitioner: (Name &Addrcss): Robcrl Duncan task Forc fir tb H mci s 2691 Ai r~ Rd. South Na Ics. FL 34112 P.E, . Grad,,, Minor & Associates P.A. 3800 V'ia Del Re,,, B nita fin FL 34134 ' Name 8,: Address of any person(s) to be notified bv Clerk's Office: (Irmore space is needed, attach separate sheet) Mark W. Minor Hearing before BCC XXX BZA Other ~"'~ Req~esled Hearin~ date: ! ~ 3 Ba~d o~ advcni~ent ap~ari~ 15 days I~ror¢ h~aring. Newspaper(s) lo be used: (Complete only ir important): XXX Naples Daily News Other [] Legally Required Pr.oposed Text: (Include legal description & common Ioca ion & Size Petition ~ · ..... . · e re,~.,,H~ au ~l IJllncan lot Itl · , P.-., ~--.-. --,,,,u ' · ' .... ,,,,uu v..cmv zo a t ... sc 9 ortbe 5 East Collier ountv Florida n i 'n r2.3 I rm' r ', · ' ,-.,., ~ m ~v,, ia s nit Two in Section 12 Townshi 50 South Ran e Companion pctition(s), iran), & proposed hearth "~-' Docs Petition Fcc include advertising cost? 113-138312-6491 I0 Reviewed by: D~vmon Head -'~'~ Date List Attachments: [] No If Yes, what account should bc charged for advcnising costs: Approved by: ~ County Manager Date .1) ISTR I B UTION INSTR UCT[O N,q A. For hearings hcrore BCC or BZA: Initiating person to complete one coy and obtain Dirision llead approval before submitting to County Manager. Note: Il'legal document is invoh'ed, be sure that for same, is submitted to County Attorney before submitting to County Manager. any necessary, legal review, or request copies: The Manager's office will distribute [] County Manager agenda file: to [] Requesting Division Clerk'~ Office [-'] Original Bi Other bearings: Initiating Division head Io pprove aiid submit °riginal to Clerk's Office. retaining a cop), for file. FOR CLERK'S OFFICE USE ONL~:,e , Date Rcceivcd: ~ Date of Public heanng: Date Advertised:. [ I PAM PERRELL ~0~: NAPLES DATT.Y NEWS 13A# ~) LISA STEELE ,! I CDAZ December 15, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Conditional Use 98-24 Task Force for the Homeless Dear Pam: Please advertise the above referenced notice one time on Sunday, January 10, 1999, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. ' ~' :'~ ~ Sincerely, Lisa Steele, Deputy Clerk Purchase No. 113-138312-649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 26, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No.CU-98-24, Mark W. Minor, P.E. of Q. Grady Minor and Associates, P.A., representing Robert Duncan for the Task Force for the Homeless,..~requesting Conditional Use "9" of the "C-4 zoning district per Section 2 2.1 5 3 to add twenty (20) beds to an existing homeless shelter for property located at 2001 Airport Road South (C.R. 31), further described as Lot 1, Block K, The Glades, Unit Two, in Section 12, Township 50 South, Range 25 East, Collier County, Florida, consisting of 2.3 plus or minus acres. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a .decision of the 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. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ' BARBARA B. BERRY, CHAIRMAN <~ii! DWIGHT E. BROCK, CLERK (SEAL) /s/Lisa Steele, Deputy Clerk 13A# 13A4 December 16, 1998 Mark W. Minor P.E.Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 Public Hearing to Consider CU-98-24 Task Force For The Homeless Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999 as indicated on the enclosed notice. The legal notice pertaining to this~petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure December 16, 1998 Robert Duncan ~ Task Force For The mel 2691 Airport Road South Naples, FL 34112 Public Hearing to Consider CU-98-24 Task Force For The Homeless ~' ~ ~ ~ ~.~ · ~ ,~: Dear Petitioner: , ~ ";'~.~i~?~ ~. ?~,. Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999.. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure 13A4 RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ADDITIONAL TWENTY (20) BEDS TO AN EXISTING HOMELESS SHELTER CONDITIONAL USE "9" iN THE C-4 ZONING DISTRICT PURSUANT TO SECTION 2.2.!5.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional useS; and. WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "9" of Section 2.2.15.3. in a C-4 Zone for an additional twenty (20) beds to an existing homeless shelter 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 Conunission; and WHEREAS, alI interested Parties?h~V, been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County,. Florida that:~ .... ~ ~ ..... The petition 'iled by Mark W. Minor, P.E., of Q. Grady Minor & Associates, P.A., representing RobertiDuncan for the Task Force for the Homeless with respect to the property hereinafter described as: Lot 1, Block K, The Glades, Unit Two, as recorded in Plat Rook I0, Page 88, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use "9" of Section 2.2.15.3. of the C-4 Zoning DistriCt!.for an additional twenty (20) h beds to an existing °meless shelte~i~in~accordance with the Concep:ual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE iT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board This Resolution adopted after motion, second and majority vote. Done this day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: Assistant County Attorney BOARD OF ZONING APPEALS ~!iCOLLIER COUNTY, FLORIDA BY: Chairman f/Cg-98-24 RESOLUTION FINDING~ COLLIER COUNTY~.~PL~/~N~ING COMMISSION FOR A CONDITIONAL USE PETITION FOP, CU-98-24 The following facts are found: 1. Section 2.2.15.3.9 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 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 neighborin~ properties in relation to noise, glare, economic or odor effects: No affect or'~"~'~'Affect mitigated by Affect canno6 be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval '-?:, DATE: CHAIRMAN: f/F.I~DING OF FACT CHAIRMAN/CU-98-24 Exhibit A --! .,~ Po4D (t20' ~Ow) , , , , ) CU 98- 24 Exhibit B .... ,, ":' Exhibit C Subject to the following eondmons. 1. An appropfiat2 portion ofnative vegetation shall be re~ained on site as required in section 3.9.5.5.4. of lhe Collier County Land Development Code. 2. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Current Planning Environmental staff for review and approval prior to final site plan/construction plan approval. !' i, RESOLUTION 9933___ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF AN ADDITIONAL TWENTY (20) BEDS TO AN EXISTING HOMELESS SHELTER CONDITIONAL USE ~'9" IN THE C-4 ZONING DISTRICT PURSUANT TO SECTION 2.2.15.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 12, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the. State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Con%mission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "9" of Section 2.2.15.3. in a C-4 Zone for an additional twenty (20) beds to an existing homeless shelter 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 Cormmission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented.' NOW, THEREFORE BE IT RESOLVED, BY-~THE BOARD OF ZONING APPEALS?~~~!~[f:i Collier County, Florida that: i!:i':' : : , The petition filed Y Mark~.W$'~MinOr,'~ P.E., of Q. Associates, P.A., representing Robert Duncan for the Task Force for the Homeless with respect to the property hereinafter described as: Lot 1, Block K, The Glades, Unit Two, as recorded in Plat Book 10, Page 88, of the Public Records of Collier County, Florida. -~ be and the same is hereby approve( ~Conditional Use "9" of Section 2.2.15.3. of the C-4 Zoning District'.for an additional twenty (20) beds to an existing homeless shelter in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein.~:~ - ilili:~/ !~,, ~ ?~ BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this~ day of~__, 1999. Grady Minor & ATTE. ST: J D~WIGHT E. BROCK, Clerk ~.' : .-.;.~ ~ '. _~PYo%%.~'~ t:o Form and 5~al SuffiCiency: ~ss~s~ant County hteorney f/CU-98-24 RESOLUTION 'BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA UPAMELA S. MAC' KI~OMAN / FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-98-24 The following facts are found: Section 2.2.15.3.9 of the Land Development Code 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 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 ingr~s_s & egress Yes ~ No C. Affects neighboring properties in relation to noise, , 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 wi~n district Yes ~/x No Based on the above findings, this conditional use should, with stipulatioqs,~,(~o~v ~ttached) (should not) be recommended for approval t~ ~1~'~/~.__.'' f/FINDING OF FACT CHAIRMAN/CU-98-24 Exhibit A '1 O~T 2 Exhibit B [VED i' 1~§8 CU 98- 24 Exhibit C Subject to the following conditions: ~. > ;.,, I. An appropriate portion o£native vegetation shall be retained on site as required in section 3.9,5.5.4. of the Collier County Land Development Code. 2. An cxotic vcgctation removal, monitoring, and maintcnancc (exotic free) plan for the site shall be submitted to Current Planning Environmental staff for review and approval prior to final site plan/construction plan approval.. OR(GINAL THE TOKAI BANK, LTD.' NEW YORK BRANCH IRREVOCABLE STAND-BY LETTER OF CREDIT No. CLG(92)0300 IRREVOCABLE LETTER OF' CREDIT NO. DATE OF ISSUE: December 21, 1998 PLACE OF EXPIRY: At Issuer's counters DATE OF EXPIRY: This credit shall be valid until December 20, 1999, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any anniversary date, the issuer notifies the Beneficiary, in writing by registered mail, that the Issuer elects not to so renexv this credit. APPLICANT: Tomen America Inc. on behalf of 951 Land Holdings Joint Venture (hereinafter "Applicant"), 4001 Tamiami Trail North, Suite 350, Naples, FL 34103. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary"), c/o Office of the County Attorney, Collier County Courthouse Complex, Naples, Florida. AMOUNT: $150,263.00 (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. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT THAT: "951 LAND HOLDINGS JOINT VENTURE has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Cotton Green, a replat of Tract F-16 of Fiddler's Creek, Phase lB Unit Three, or a final inspection satisfactory to Collier County 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." iINAL PARK AVENUE PLAZA E~ EAST 52nd STREET NEW YO~K, N.Y t0055 U S A. CABLE ADORES.9: I'OKAIBANK TELEX: 422~? ('TI~,t,AJ 4221~7) THE TOKAI LTD. NEW~??ORK BRANCH IRREVOCABLE LETTER OF' CREDIT NO. CONTINUATION OF CREDIT NO. CLG(92)0300 DRAFT(S) DRAWN UNDER THIS LETTER OF' CREDIT MUST BE MARKED: "Drawn under Credit No. CLG(92)0300, dated December :21, 1998". The original Letter of Credit and all amendments, if any, must be presented for proper endorsement. 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 referred to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engage xvith Beneficiary that draft(s) drawn under and in compliance with the terms of this Credit will be duly honored by Issuer if presented within the validity of the Credit. This Credit is subject to the Uniform Costumes and Practice for Documenlary Credits (1993 revision) International Chamber of Commerce Publication No. 500. The Tokai Bank, Limited · -'"Vit~t~i Sastri Senior Vice President & Assistant General Manager Page 2 of 2 · 16/ 2 Document Prepared By Mark W. Minor, P.E. Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND_MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this~'"~~ day of~3u~c,} 199'9 between 951 Land Holdings Joint Venture hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County. Florida. hereinafter referred to as "The Board". RECITALS. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: "Cotton Green" Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the' construction of the required improvements, NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby convenient and agree as follows: Developer will cause to be constructed water, sewer, storm sewer, roads, landscaping and irrigation improvements within 36 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A") and by reference made a part of in the amount of $150,263.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of this Agreement. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. o 1 2 The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shail; within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the developer in xvriting of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Developer Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after prelimina~ approval by the Development Services Director. After the one year maintenance period by the Developer has te~inated, the Developer shall petition the Development Services Director inspect the improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with Collier County ~qnd Development Code as reflected by final approval by thc Board, the Board shall release the 10% subdivision perfo~ance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. Six (6) months after the execution of this Agreement and once within every six ~6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. 'Each request for the reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board. upon completion of construction, the final cost to the Board thereof, including, but not limited to, engineering, legal and con'u~gent costs, together with any damages, either direct or consequential, which the B'~ard may sustain on account of the failure of the Developer to carry out all of provisions of the Agreement. All of terms, covenants and conditions herein contained are the respective successors and assigns of the Developer. tll be binding upon IN WITNESS WHEREOF, the Board and Develop. er have executed by their duly authorized representatives thi~day 16 Z caused this Agreement to be of ~, 199q. Signed, Sealed and Delivered in the presence of: 951 Land Holdings Joint Venture ~';A Florida General Partnership Gulf Bay 100, Ltd., a Florida Limited Partnership, a Partner By: By: BY: Gulf Bay 100 Inc., a Florida Corpo/l'ation Its (~l~heral Partn. er Aubrey J/. Ferrao,/as_ ._ President and not/Individually (Printed dr Typed Name) (Printed or Typed Name) ,._ ArreSt:'- ....: , ..".: :' Dwight 'E¥iB.r, qcl~;. Clerk Board of County Commissioners of Collier County, Florida BY: . ~ ~'. D. eput~' Cie?' :":; ., Approved as to fo~ and legal sufficiencY: David C. Weigel Collier County Attorney F: FIDC REEK~FC 16. PR I PAMELA S. MAC'KIE CHAIRWOMAN RESOLUTION N°. 99-.. 72 RESOLUTION AUTilORIZING FINAL ACCEPTANCE OF TItOSE ROADWAY, DRAINAGE~ WATER AND SEWER IMPROVEMENTS IN NORTI ISI lORE LAKE VILLAS, RELEASE OF TilE MAINTENANCE SECURITY. AND ACCEPTING TI IE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY. DRAINAGE. WATER AND SEWER IMPROVEMENTS TItAT ARE NOT REQUIRED 'FO BE MAINTAINED BY TIlE ItOMEOWNERS ASSOCIATION. W! I EREAS, the Board o1' ('ounty Commissioners of Collier Cot,,ny, Florida. on JanuaD' 28. 1997 approved the plat of Northshore Lake Villas for recording; and WIIEREAS, the developer has constructed and mainlaincd the roadway, drainage, water m:d sewer improve~nents in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended): and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17). and WItEREAS, the developer has now requested final acceptance of thc roadway, drainage. water and sewer improvements and release of his maintenance security; and WItEREAS, the Compliance Services Section of the Development Sen, ices Dcparlmcnt has inspected thc roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Northshore Lake Villas, and authorize tile Clerk to release thc maintenance sccurityl'~' BE IT FURTHER RESOLVED AND ORDERED that tile County accept the future maintenance and other attendant costs for the roadway, drainage, water and scv,'er improvements that arc not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. DATE: · ' .'ATTEST: DWIGI BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -By: · Approved as to form and legal suffi~ficnCY: l'l¢idi F. Ashton Assistant Collier Cotmty Attorney )MAN 16A6 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT 'l'lll.',; ('()NS l RUC'Ht)N MAINII!NANCI: A(iRI!!iMF. N'I' FOR SUBI)iVISI()N IMI'R()VI{MI!NI'S I'RI()R [ ( ) RIiCORI)IN(; ()F I'I.AI' entered irm~ this~-----'~-'~..y''7'~ day of ~-'~~-~.n 19 ~5 between I:orc%t (;Ich (;()If Conmmnilv I.imiled I';Irlner.',hil). hereinafter referred lo as "i)evelopcr." anti Ihe I~,o:lrd o1' ('Otllll.V ::::::::::::::::::::: of Collier County. l:lorida, herein:filer referred lo as file "Board." RF~CITAI.S: I. l)cxclopcr has. simultaneously xvflh thc delivery oflhis Agreement. applied fi~r the approx al by thc l~h~anl of a ccrlain peat ora subdivision to bc knov. n as: Fore.si Glen of Naples Pha~e I-B. 2. Division 3.2 of Ibc ('oilier ('Otlllty I.and I)evclopment Code allows the l)cvcloper lo ct~n~.Ir~lct Ih¢ impn,x Clllenls requirctt by ,~aid suhdivlsi,n rcgulalions prior to recording lite lin:fl plal. Nf)%V 'IIII:RlllI¢)RIi. in consideration of Iht l~,regolng prenliscs and mulual c(',~.cnanls hcreinafler scl I'ordL l)cvclopcr and Ibc Board do hereby cox cnanl :md agree its fi~llows: I. l)cvclopcr will cause date of approval of said subdivision plal. said improvemcnCg {s~ler, sewer, drainage and roadway) hereinafter referred to as the required improvcmcl~tS. 2. Dc¥clopcr hercxvilh agrcc~ I:: construct said improscmcnls pri~:r I:: recording said sutxhx i~iOrl plat and the Board of'('lltlllly Conunissioners shall not approxc Iht plat fbr recording unlil said improvements hax c been conlplctcd. 3. Upon complcllt~n of said inlprt~vemcnls, lhe l)cxcloper shall Icllder ils stll~dix ision pcrlbrm,mcc . . ~ · . / ~ . Upon receipt of ~aid subdivision pcrfimnancc security by Iht I)cvclopmcnt NC~'iCCS I)ircctt~r. thc I)cx ch,per may request Ibc Board of Counly Commis~ioncrg lo approve the subdivision plat Ibr recording alld grant prclimina~' approxal of said plal. 4. The required impmven~enls ~hall nol be com~idered complele until a ~lalemcnl of subslanlial completion bv Developer's engineer along w~th lhe linal proj~l r~ords hnve been Ibrnishctl lo be reviewed and approved by Ihe Dexclopment Se~'iccs Direcu,r fi~r compliance with Ihe Collier ('ounly I.and i)evclopmenl ('~de. 5. The l)evelopmcnt Sen'ices l)ircctor shall, within sixty (60) tl:Lvs of' rec¢ipl ol' thc stalcnrellt subslantial completion, either: a) notify' tire I)cvch~per in writing of his preliminary approval of thc improvements: or b) notify the Dcveh,per in writing of his refusal to approve thc improvements, therewith specie'lng which the developer must fullill in order to obtain thc Director's approval of the improvenlcnts. I{owever. in no event shall tile l)evcloplncnt Sen'ices Director refuse preliminary approval of the improvements il' they arc in thct constructed and submitted for approval itl accordance with the requiremenls of this Agreement. 6. The l)cvelopcr shall maintain all required improvements fi~r a minimum period of one >'car after prclimina~ approval by the Development Sen'ices Director. After the one year maintenance period by thc Developer has tcmfinatcd, the Developer shall petition the Development Sc~'iccs Director to inspect the required improxemcnts. Thc Development Sen'ices Director or his designee shall inspccl thc improvements and. if I[)und Io be still in compliance with the Collier County I.and Development Code as rcllcctcd by final approval by the Board. the Board shall release the ten percent subdivision pcrfomance security. Thc Developer's rcsponsibilily for maintenance of thc required improvements shall continue unless or until thc Board accepts maintenance responsibility for the County. · 7, Ill the event Ihe I)e:,elol~er shall Ihil or nc~lccl to fulfill ils obligation ~er this Agrccmcm. upon ccrlificamm of such thilure, lhe CoUrtly Admm~slramr may call upon lhe subdivision sealy u~ secure salisfi~clorv con)pk?on, repair an~ mnintenance o~fl~e required impro~'ements. The Board shall ha~e righz to consm~ct maintain, or cause to be conslmclcd and mainlained, pu~uanl Ia public adverliscmcnl a~rcccipl of acceptance of bids. the improvements required herein. The Developer, as principal under Ihe subdi~ pcrlbnnancc security. shall be liable m pay and Io indemnil~ the Board. upon Completion of such constmcti6~e final lolal cost lo ~l~e Board Ihereof. but not limited Io. engineering, legal and contingent cosls, together with ~amages. either d~rccl or consequential, which the Board may sustain on accoum of Ihe failure of the Developer t~,fill all of Ibc prox of f his Agrcemem. All of Ihe Icrms. covenants and conditions herein conlain~d are and~ll be binding upon Developer and the respective successors and assigns of Ibc developer. ~ th~Agrecment I~ . IN WI'INESS WIII~RI~OI:. fi~e Board and fl~e l)e~r have cau~d execmed by their duly authorized representatives ,lii.~.~ ~._. day of ~~. :; G r ~om~u · . · A'VH!ST: · . · :< > 'Approved as lo titan and legal sufficiency: ~'~? CounliAUorfl~y 16, 6 ..... Forest Glen I,imited l'artnership 3~ark S. T:iylor. Vic By: BOARD OF COUNTY C'¢)MMISSIf)N!!RS ('Ol,l.ll!R (Z~JNTY. FI,f)RII)A PAMP,~A S. ~AC~KIE CH~I ~O~AN 16A7 RESOLUTION NO. 99- 73 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TI IOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN DEKKER ESTATES. RELEASE OF TIlE MAINTENANCE SECURITY. AND ACCEPTING TItE MAINTENANCE RESPONSIBILITY FOR TIlE ROADWAY, DRAINAGE . WATER AND SEWER IMPROVEMENTS TiIAT ARE NOT REQUIRED TO BE MAINTAINED BY TIIE IiOMEOWNERS ASSOCIATION. \VtIEREAS. thc Board of County Commissioners of Collier County, Florida. on June 24. 1994 approved the plat of Dekker Estates For recording; and WIt EREAS, the developer has constructed and maintain ed thc roadway, drainage, water and sewer i rn provcmcnts in accordance with the approved plans and spcci fications and as required by the Land Development Code (Collier County Ordinance No. 91-102. as amended); and the Utilities Standards and Procedures Ordinance {Collier County Ordinance No. 97-17), and WttEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release ofhis maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvcments and is recommending acceptance of said facilities. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in Dckker Estates. and authorize thc CIcrk to release lhe maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homcoxvners association. This Resolution adopted after motion, second and majority ','otc favoring same. DATE: I -c~%,-Stq "ATTEST:: '~ ~' '" ':: ~ttest'a~ ti Cl~r~n'S ' ~p~roved ~ to fora and legal .. sufficiency: .. .... I I~idi E BOARD'OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA PAMELA S. MAC'KIE, CHAIRW~OMAN 168 ~ DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 TIlE SOUTI! FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) ilEREBY ENTERS INTO Tills AGREEMENT WITll: Name: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Address: 3301 TaJniami Trail E Naples. Fl. 33962-4996 Project M:lnager: Ed~vard K;mt Telephone No: (941) 774-8494 Fax No: (9411 774- 5.t75 ilercinafter referred to as: COUNTY SOUTIt FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT 0 R I G f L Thi~ number mu~t appear on all lnvoicc~ anti CorreHmndence C-9039 M/WBE Goal: 0% COST SllARING INFORMATION Total Project Cost: S 21o,o0o.oo COUNTY Contrihution: S 35.000.0(! PROJECT TITLE: BROKEN BACK ROAD BRIDGE REPLACEMENT Thc folhming Exhibits arc attached hereto and made a part of this AGREEMENT: Exhibit "A" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit "C" - Slalcmcnl of Work Exhibit "D" - Paymenl and Deliverable Schedule Exhibit "E" - Nol Applicable Exhibit "F" - Not Applicable Exhibit"G"- Nol Applicable EMfibit "H" 'Exhibit "I" E.xhibiI "J" Exhibit "K" Exhibil "I," Exhibit "M" - Not Applicable - Not Applicable - Nol Applicable - Not Applicable - Not Applicable - Nol Applicable TOTAL DISTRICT CONSIDERATION: $175.000.00 Multi-Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: :ecl ~o Di~lrict Governing Board Annual Budllct Approval AGREEMENT TYPE: Fiscal Year: Fi,~cal Year: Fhcal Year: Not-to-Exceed AGREEMENT TERM: 2 years EFFECTIVE DATE: Last Dale ofExcculion bv thc Parties District Project Manager: Roberl A. Laur:~ '~ District Contract Administrator: Telephone No: {561 ) 682-(,238 Jim Robinson (561 ) 682-6375 Fax No. ( ) Fax No.: (561) 682-6397 or (561) 681-6275 SUBMIT INVOICES AND NOTICES TO TIlE DISTRICT AT: South Florida Water Man;Jgc~ncnt I)istnct 3301 (;un Club Road Wes~ Palm Brach. Florida 33416-4680 '~ltcnlion: Procuremcnl Division SUBMIT NOTICES TO TIlE CO COI.I.IER COUNTY IIOARI) OF 3301 Tamiami Trail I'.' Naph..'s. FL 33962-4996 Attention: i:d~rard Kant IN WH'NI:.SS WI IERI'.'OF. thc authorized reproamlative hereby executes this AGREEMENT on t Conditions tm&n' xnl~ich it is isst,¢d. CO'.LIER COUNn' OARD OF COUNTY COMM ISSIONFyR/S~.~x- Date' ., ' Dwight-IL Brock, Cler~ t ~..~.t,,e,- ~*,,,- APPROVF)D AS Ti') FOILM AND LEC~p,I;. · ~cot,wry SOU'IIt FLORIDA WATER ~ITY AT: COMMISSI()NI~RS all 'l'enns and F DISTRICT S BOARD Accepted By: ~ y Michael Sla~ n, Deputy Executive Director 5 ~ M O'~i~ ~ Co~SEL ~PRO~D. SOUTH FI. ¢)RII)A WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAI~ TERMS AND CONDITIONS ARTICI,E 1 -STATEMENT OF WORK .~'~ ~:?;: '~:~: this AGREEMENT lo ~he contrary. The I)ISTRICT will m~tify the COUNTY in xwiting after the adoption 1.1 The COUNTY shall, m the satisfaction of the :7 of Ihe final I}iSTRICT budget lbr each subsequent DISTRICT. fully and limely ~rform all work items fi~al year if funding is not approved lbr this de<rind in the "Statement of Work." atlached hereto AGREEMENT. as Exhibit 'C' and made a pan of this AGREEMENT. 2.3 The COUNTY assumes sole responsibility 1.2 As part of the mrvices Io ~ provided by the all work which is ~rtbrmed pursuant to the Statement COUNTY under this AGREEMENT, the COUNTY of Work, Exhibit "C'. By providing funding shall substamia~e, in whatever forum reasonably ~' hereunder, the DISTRICT d~s not make any requested by the DISTRICT~ Ih~ meth~Mology, lab ~ :?~ wa~anty, guaranty, or any repre<ntation whats~ver analytical examinations. ~ientifie theories, data, ~ reg~dingtheco~ectness, accuracy, or reliability of any reference materials, and research notes. The of the work ~rformed hereunder. COUNTY shall also be required m substantiate any and all work compleled, including but not limited to, 2.4 The COUNTY by executing this work completed by subcontractors, assistants. AGREEMENT, certifies lo truth-in-negotiation. models, concepts, analytical theories, computer s~cifically, thal wage rates and other Ihclual unit costs programs and conclusions utilized as the basis for the sup~fling the considcratkm are accurate, complete. final work pr~Muct required by the AGREEMENT. a~ cu~enl at Ihe time of contracting. The COUNTY This paragraph shall survive the expiration or ~: a~<s lhat Ihe i)I~RiCT may adjust the termination of lhis AGREEMENT. ~; consideration for this AGREEMENT to exclude any ' ;~ ':~:~:. ~ignificant sums by which the considerati,,n was 1.3 The parties agree that time is of the essence in incre~<d due to inaccurale, incomplete, or non-cu~cm Ibc perfi~rmance of each and every obligation under wage rates and olhcr fi~ctual unit costs. Thc this AGREEMENT. DISTRICT shall make any such adjustment within one (i) year fifth}wing Ibc cxpiratum or Icrnliflalion of Ihis ARTICLE 2 - COMPENSATION/ AGREEMENT. CONSIDERATION ARTICLE 3 - INVOICING AND I'AYMENT 2.1 The tolal consideralion fi~r all work required by the DISTRICT pursuant to Ibis AGREEMENT . . ¢ 3.1 The COUNTY's invoices shall reference the shall not exceed the amounl as indicated on Page I of ' DI~RI~'s Contract Numar and shall ~ sent to the lhis AGREEMENT. Such amount includes all DI~RI~'s address s~cified on Page I of this expenses which ibc COUNTY may incur and AGREEMENT. The COUNTY shall not submit therefore no additional consideralion shall be invoices lo any other address at Ihe DISTRICT. aulhorized. 3.2 The COUNTY shall submit lhe invoices on a 2.2 Nolwithstanding the foregoing, the amount completion of deliverable basis, pursuant to lhe ex~nded under this AGREEMENT shall ~ paid in schedule outlined in Ihe Payment and Deliverable accordame wilh. and subject to the muhi-year funding Schedule, altached herelo as Exhibit "D" and made a all~atio~ for each DI~RI~ fi~al ye~ indicated pail of this AGREEMENT. In the event the on Page I of this AGREEME~. Funding for each :: schedule d~s not specify payment on a complelion of applicable fi~'al year of Ibis AGREEMENT is subject deliverable basis, all invoices shall be substanliated to DISTRICT Governing Board budgetary by adequate supporting documentalion to justify appropriation. In Ihe event the DISTRICT d{~s not hours ex~nded and expenses incurred within the nor approve funding for any subsequent fiscal year. this to-exceed budget, including but not limited to. copies AGREEMENT shall terminate u~n ex~ndilure of of approved timesheets, payment vouchers, expense the cu~ent funding, notwithstanding other provisions in re~Hs, receipts and subcontractor invoices. PageJ ofg, ExMbR B 3~.':}' '~; ~'*:.~;.~' ~:¢~7 ~;?:~ Contract FileACounty.d~ 10/29/98 SOUTH FI.,()RIi)A WATER M I,.;NT i)ISTRICT ~:~ EXHIBI. GENERAl., TERMS AND CONDITIONS 16B4. 3.3 The DISTRICT shall pay the full anmunt of the ' ,~ ARTICLI'; 5 - INSURANCE invoice within thirty {30) days follmving DISTRICT ; ;,'~;' acceptance of .services and/or deliverable(s) required r COUNTY assumes any and all risks of by this AGREEMENT. llowever, failure by injury, bodily injury and property damage COUNTY to follow the foregoing instructions and to the negligent acts or omissions of the submit acceptable services aM or deliverables(s) may /~;i:' Co~jNTy and the officers, employees, servants, and result in an unavoidable delay of payment by the -':~': agent~ thereof. The COUNTY warrants and DISTRICT. rep~s~nts, that it is self-funded fi~r Worker's 3.4 Unless otherwise stated herein, the I)iSTRICT shall not pay for any obligation or expenditure made by thc COUNTY prior lo the commencement date of this AGREEMENT. ARTICI.E 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all lechnical matters arising in connection with the performance of this AGREEMENT. other than invoices and notices, to the altcntion of Iht respective Project Managers specified on Page I of the AGREEMENT for attempted resolution or action. Thc Project Managers shall be responsible for overall coordination and oversight relating to the,performance of this AGREEMENT The COUNT5 shall direct all administrative matlers, including invoices and notices, to the attention of thc DISTRICT's Contract AdminNlrator specified on Page 1 of the AGREEMENT. All formal notices between thc parties under this AGREEMENT shall be in aTiting and shall be deemed received if sent by certified mail. return receipt requested, to the respective addresses specified on Page I of the AGREEMENT. The COUNTY shall al.~s provide a copy of all notices to thc DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered ttpot! receipt. Should either party change its address, written notice of such new address shall promptly be sent m the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on Page I of the AGREEMENT. co.m, pe,nsatmn and liability insurance, covering at a mm~mum Nv, lily injury, personal injury and property dan~ag~ svith protection being applicable to the COUNTY's officers, employees, servants and agents wh{ within the scope of their employment under this AGREEMENT. The and the DISTRICT further agree that contained herein shall be construed or as (1) denying Io either parly any remedy or 'f~nse available to such parly under the laws of thc State of Florida; (2) thc consent of the State of Florida or its agents and agencies to be sued: or (3) a walverOf. .sovercig, n immunity (ff the State of Florida beyond the wais,er provided in Section 768.28. Florid,{ Statutes. $.2M,,~,~:~ In the event the COUNTY subcontracts an~/,~:~ar~, or ali of the v.'ork hereunder to any third pa.~,~the COUNTY shall require each and every subC*~flt'ractor Io identify thc I)ISTRICT as an addilional insured on all insurance policies as requ~i'~ by the COUNTY. Any contract av,,arded by the ~OUNTY for umrk under this AGREEMENT shall include a provimon whereby the COUNTY's subcontractor agrees Io defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1 lfeither party fails to fulfill its obligations under this AGREEMENT in a timely and proper manner, the other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency. The party in default shall then have ten ¢10~ calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time. the non-defauhing party Page 2 of 9. Exhibit "B" Contract Filc:\County.doc !0129198 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ~ EXHIBIT GENERAL TERMS AND CONDITIONS shall have the option lo lerminale Ihis AGREEMENT The mediation process shall be confidential to Ihe at thc expiration of thc ten {10) day time pcri(yJ, extent permitled by la....'. Should the DISTRICT elect to terminate for default in accordance with this provision, the I)IS'TRICT shall 6.5 The I)ISTRICT may order that all or part of thc be entitled to recover reprocurement costs, in addition ; v,x~rk stop if circumstances dictate that this action is in to all other remedies under law and/or equity. :~)! the DISTRICT's best interest. Such circumstances may include, but are not limited to. unexpected 6.2 The i)iSTRICT may terminate this technical de';elopmcnts, direction given bv the AGREEMENT with or without cause at an)' time for DISTRICT's Governing Board. a condition of convenience upon thirty {30) calendar days prior immediate danger to DISTRICT employees, or the v. Titten notice W, the COUNTY. The performance of pc, ssibility of damage to equipment or property. This work under thisAGREEMENTmaybe terminated by provision shall not shift responsibility for loss or the DISTRICT in accordance with this clause in damage, including but not limited to. lost profits or '.,,'hole. or from time to time in part. whenever the con~quenfial damages suslained as a result of such DISTRICT shall determine that such termination is in delay, from the COUNTY to the DISTRICT. If Ih/s the best interest of the DISTRICT. Any such provision is invoked, the DISTRICT shall m~tify the termination shall be effected by delivery to the ' COUNTY' in writing to stop work as of a certain date COUNTY. of a Nolice of Termination specifying the and specify the reamns for the action, which shall not extent to which performance of work under the be arbitrary or capricious. The COUNTY shall then AGREEMENT is terminated, and the date up(m which be obligated to suspend all work efforts as of the such termination becomes effective, effective date of the notice and until further written direction from the DISTRICT is received. Upon In the event iff termination for convenience, the resumption of work. if deemed appropriate b..' Ihe DISTRICT shall compensate the COUNT'f for all DISTRICT. the I)ISTRICT shall initiate an authorized and accepted deliverables completed amendmenl to this AGREEMENT Io reflect an',' through the date of termination in accordance with changer, to Exhibit ~C". Statement of Work and/or th~ Exhibil "C". Statement of Work. The DISTRICT shall project schedule. be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. Thc DISTRICT may withhold all payments to the COUNTY for such work until such time as Ihe DISTRICT determines the exact amount due to the COUNTY. 6.3 If either party initiates legal action, irr.'luding appeals, to enfi~rce this AGREEMENT. the prevailing party Shall be entitled to recover a reasonable attorney's fee, based upon the fair market ..'slue of the services provided. 6.6 The DISTRICT anticipates a total project cost as indicated on Page 1. with the balance of matching funds and/or in-kind services to be obtained from the COUI',CrY in thc amount as specified on Page I of this AGREEMENT. In the event such COUNTY matching funding and/or in-kind services becomes unavailable, that shall be g~xxl and sufficient cause for Ihe DISTRICT lo terminate thc AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ O~VNERSHIP 6.4 In the event a dispute arises which the project managers cannot resolve betv,,een themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shah be borne equally by the parties.~i!~ 7.1 The COUNTY shall maintain records and Ihc DISTRICT shall have inspection and audit rights as ~aintenance of Records: The COUNTY all financial and non-financial records Page 3 of 9. Exhibit Contract File:\County.doc 10~29~98 SOUTH FLORIDA WATER MANAGEMENT I)ISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS and reports directly or indirectly related tn Ihe negotiation or performance of this AGREEMENT including suplx~rting &~:umcntation for an.',' service rates, expenses, rc.~arch tlr rcporls. Such records shall be maintained and made available for inspcction for a pcrkxl of five years from completing performance and receiving final payment under this AGREEMENT. 13. Examination of Records: The DISTRICT or its designated agent shall have Ihe right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five )'ears from lhe date of final payment under this AGREEMENT and upon reachable notice, time and place. C. Extended Availability of Records for l,egal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT. the COUNTY shall extend the perky3 of maintenance for all records relating tn the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, cop)right and other proprietary rights in all work items. including but not limited to. all documents, technical reports, re,arch notes, scientific data. computer programs, including the source and object code. which are developed, created or otherwise originated hereunder by the COUNTY. its subcontractor(sL assign(s), agent(si and/or successor(s} as required by Ihe Exhibit "C". Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT. and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY. the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant'}. This Grant shall be self-operative Ul~m execution by the parties hereto, however the COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant. without the payment of any 1684 additional consideration by the DISTRICT. The COUNTY ma)' not disclose, usc. license or sell any work developed, created, or otherwise originated hereunder lo any third parly '.'.'halsoc'.'¢r. This paragraph shall survive the termination or expiration of this AGREI'~M ENT. 7.3 The COUNTY represents and warrants that proprietary software, if an). to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C". Statement of Work shall have been developed solely by or tk,r thc COUNTY. or lawfully acquired under license from a third party, including the right to sublicensc such software. The COUNTY shall include copyright or proprietary legends in thc software and on thc label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual. non.transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT ackno'.vlcdges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by thc COUNTY with DISTRICT funding under this CONTRACT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) )'ear or more. The COUNTY will maintain any such equipment in go(xl working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal ,.,,'ear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. ftowever the DISTRICT will not hold the COUNTY liable for loss &'damage due to causes beyond the COUNTY's rea~ble control. In the event of loss or damage. the C~)~JNTY shall notify the DISTRICT in writing with~e (5)working days of Such occurrencc. Page 4 of 9. Exhibit "B" Contract File:\County.doc 10/29/98 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAI, TERMS AND CONDITIONS 7.5 certain software under license from third parties. For purposes of this AGREEMENT. the DISTRICT may permit the COUNT'S' access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or di.~lose such software to any third party. Use of or access lo such s4fftware shall be restricted to designated DISTRICT owned syslems or equipment. Removal of any copy of licensed software is prohibited. Thc DISTRICT has acquired thc right to use ' :on thc convicted vendor list. The COUNT'S' further ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 Thc COUNT'S'. its employees, subcontractors or assigns, shall comply wilh all applicable federal. state, and lot'al laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such.compliance, but will attempt to advise the COUNT'S'. uFxm request, as to any such laws of ,*hich it has present kmv. vlcdge. 8.2 The COUNT'S' hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The COUNT'S' shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary fi~r either party to initiate legal action regarding this AGREEMENT. venue shall be in the Fifteenth Judicial Circuit fi~r claims under state law and in the Southern District of Florida for any claims v;hich are justiciable in federal court. 8.4 The COUNTY. by its execution of this AGREEMENT, acknowledges and attests that neither it. nor any of its suppliers, subcontractors, or consuhants wbo shall perform work ~s'hich is intended to benefit the DISTRICT is a convicted vendor or, if the COUNTY or any affiliate of the COUN"FY has been convicted of a public entity crime, a perk~ longer than 36 months has passed since that per.~m was placed understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT. in thc event there is any misrepresentation or lack of compliance with the mandates ~f Section 287.133. Florida Statutes. The DISTRICT. in the event of such termination. shall not incur any liability to thc COUNTY fi~r any work or materials furnished. 8.5 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 Thc COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY. to .~fiicit 'or secure this AGREEMENT. Further the COUNT's' warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY. any fee. commission, percentage. gift. or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and. at its discretion, deduct or otherwise recover the full amount of such fee. commission, percentage, gift. or other consideration. 8,7 The COUNTY shall allow public access to all project documents and materials in accordance with thc provisions of Chapter 119, Florida Statutes. Should the COUNTY as.sen any exemptions to the requirements of Chapter 119 and related Statutes. the burden of establishing such exemption, by wa)' of injunctive or other relief as provided by lax~: shall be upon the COUNTY. 8.7.1 Pursuant to Sections 119.07(3)(o). and 240.241 Florida Statutes. data processing soflv,'are 'obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c). Florida Statutes is exempt from the disclosure provisions of the Public Records law. Ilowever, the parties hereto agree that if a request is made of the DISTRICT. pursuant to Chapter 119. Page5 of 9. Exhibit "B' ::' Contract File:\County.doc 10129/98 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS Florida Statute. fi~r public disclosure of proprietary COUNTY and the DISTRICT. No person or entity property being licensed to the COUNTY (License) other than the COUNTY or the DISTRICT shall have hereunder, the DISTRICT shall advise thc -,', ~,,any rights or privileges under this AGREEMENT in COUNTY {l.icensee) of such request and. as~ ,::~:i~,any capacity whatsoever, either as third-party between Ihe DISTRICT and the COUNTY beneficiary or otberwise. ILicensceL it shall be the COUNTY's tl,icensee's) sole burden and resp, nsibility to immediately seek 9.3 The COUNTY shall not assign, delegate, or and obtain such injunctive or other relief from the otherwise transfer its rights and obligations as set Ibnh Courts and 1o immediately ~rve notice of the same in this AGREEMENT with,ut thc prior wmttcn upon Iht Licensor to protect thc Licensor's claimed consent of thc I)ISTRICT. An)' allcmpted assignmcnl exemption under the Statute. in violation of this provision shall be void. 8.8 The COUNTY shall make reasonable efforts COUNTY shall not pledge the to obtain any necessary federal, state, local, and other DISTRICT's credit or make the DISTRICT a governmental appn,vals, as well as all necessary guarantor of payment or sure{y for an)' private authorizations and permits, prior to Ihe AGREEMENT. debt. obligation, judgement, lien. or commencement of performance of this an)' form of indebtedness. AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for 9.5 The DISTRICTassumcs no duty with regard to additional compensation. If thc COUNTY is unable the supervision of thc COUNTY and the COUNTY to obtain all necessary permits in a timely manner, shall remain solely responsible for compliance with all either party may elect to terminate this safety requirements and for the safety of all persons and AGREEMENT. each party lo bear its own costs. .;..~ propertyatthesiteofAGREEMENTperformance. notwithstanding other provisions of this AGREEMENT to the contrary. ARTICLE 10 - M/XVBE PARTICIPATION 8.9 Pursuant lo Section 216.347. ILS.. the COUNTY is prohibited from Ihe expenditure of any 10.1 The COUNTY hereby acknowledges that no funds under this AGREEMENT to lobby the Minority and Women Business Enterprises (M/WBE} Legislature, the judicial branch, or another slate agency, participation goal has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive ARTiCI.E 9 - RELATIONSlllP BETWEEN contracts that may result from Ihis AGREEMENT Tile PARTIES along with timelines for public notice and award of such contracts. In the event subsequent competitive 9.1 The COUNTY shall be considered an contract awards do result in M/WBE participation. independent contractor and neither party shall be such participation shall be reported to the other party. considered an employee or agent of the other party. Both Ihe COUNTY and the DISTRICT will ensure Nolhing in this AGREEMENT shall be interpreted to compliance with the provisions of Iheir respective establish any relationship other lhan that of program, laws, ordinances and policies and will independent contractor between Ihe parties and their support the other's initiatives to the extent allowed by respective employees, agents, subcontractors, or law. assigns during or after the perfi~rmam'e on this AGREEMENT. Both parties are free to enter into contracts wilh other parties for similar .cervices. ARTICLE 11 - YEAR 2000 COMPLIANCE 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the In the event that the COUNTY's performance, as required by this AGREEMENT. involves the use Page 6 ofg, Exhibit "B' Contract File:\County.doc 10~9/9 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT . EXHIBIT,~ B GENERAl., TERMS AND CONDITIONS and/or delivery of a software, firmware and/or firmware and/or hardv,'arc and diagnose :md correct hardware product of any kind. the following language · Year 2000 Compliance problems that may exist with in this Article I1 shall apply: either the software, firmware and/or hardware. (iii) ' '~ ,land. if deemed necessary by the DISTRICT. I!.I COUNTY repre~nts and warrants that the :-"::'replacement software, firmware and/or hardware sofiware, firmware and/or hardware is designed to be l i:~{i~ which is compliant with this Year 2000 Compliance used prior to. during, and after the calendar )'ear 2000 ;;?~:~si Warranty. A.D.. and that Iht software, firmware and/or hardware will operate during each such time perkxl without error relating m date data. specifically including any error relating to. or thc prtxluct of. date data which represents or references multiple centuries. 11.4 If this AGREEMENT involves the purchase and/or license and/or receipt of a s~fftware, firmware ~,nd/or hardware product of any kind previously developed by thc COUNTY or other third party, and in the event fixes, corrections and updates of the :~,~;~ mftware are not technically feasible, the COUNTY Il 2 Wuhout hmmng the eneraht of the ~ · ' '" g · 'y i?¢~, shall accept the return of the software, firmware foregoing. COUNTY further represents and warrants: '~:[:;iii.'~z¢!~ and/or hardware if this Year 2000 Compliance I) that the software, firmware and/or hardware will' !Ii:~'~51' ?,i .Warranty is breached, and terminate any and all not abnormally end or provide invalid or incorrect ': ~:i ii'applicable Schedules and/or License Agreements. results of date data. specifically including date data ' Further. the COUNTY shall refund to the which represents or references multiple centuries; 2) that the software, firmware and/or hardware has been designed to ensure Year 2000 Compliance. including. but not limited to. date data century recognition. calculations which accommodate same century and multiple century formulas and date values, and date DISTRICT the full amount of thc l.iccnsc Fcc actually paid to the COUNTY fl~r the software; and. in the case of hardware return, the COUNTY shall refund to the DISTRICT the full amount of the hardware aclually paid to the COUNTY by the DISTRICT. In addition to the foregoing, the data interface values that reflect the century; and 3): :,, .: ,.;; COUNTY shall refund to the DISTRICT all that the software, firmware and/or hardware includes ' :"~'~::~: maintenan . ce fees paid by the DISTRICT. if anv. for Year 2000 Compliance· For the purposes of this on-going support, new software releases and product AGREEMENT. Year 2000 Compliance also means that the software, firmware and/or hardware will: (i) manage and manipulate data involving dates and leap year calculations, including single century fi~rmulas and multi-century fi~rmulas, and will not cause an abnormally ending scenario within the application or generate incorrect values tlr invalid results involving such dates; and (ii) provide that all date-related user interface functionalities and data fields include the indication of century. updates. All such refunds shall be made to the DISTRICT, Notwithstanding an), other provision in the AGREEMENT m the contrary, the DISTRICT hereby reserves all rights to obtain all remedies to the fullest extent of the law. without any limitation ~'hatsoever. as ma)' be determined by a court of competent jurisdiction (including damages and equitable relic0. '11.5 The term Year 2000 Compliance Warranty shall mean, collectively, the warranties set fi)rrb herein. This Article l l, in its entirety, shall survive the expiration or termination of this AG REEM ENT. 11.3 Included as part of this Year 2000 Compliance Warranty. COUNTY shall provide to the DISTRICT. at no additional charge with. (i) fixe~, ARTICLE 12 - GENERAl, PROVISIONS corrections and updates to thc .software, and/or hardware that are necessary to ensure 2000 Compliance as defined herein, and (ii) consultation and assistance to use the software. Page 7 of 9, Exhibit "B' anding any ~provisions of this )'AGREEMENT to the contrary, the panics shall not be Contract Filc:\County.doc 10/29/98 ,,. .... 1684 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" GENERAl, TERMS AND CONDITIONS held liable fi~r any fifilure or delay in list pcrfi,rmance of this AGREE,MI.;NT that ari.~s from fires, fltx~ds. strikes, embargoes, acts of the public enemy, unusually severe weather, oulbreak of '.,,'ar. restraint of Government. riots, civil commotion, fi~rce majeure. of God. or for any other cause of the same character ~' which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to pcrfi~rm shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if thc "Statement of Work" of this AGREEMENT specilies that perform:~nce by COUNTY is specifically required during the occurrence of any ,ff thc events herein mentioned. 12.2 In the event any provisions of AGREEMENT shall conflict, or appear m conflict~: the AGREEMENT. including all exhibits, attachments~ and all &~:uments specifically incorl~ratcd by reference, shall be interpreted as a whole to rcmlve any inconsistency. 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or pmvis~on of this AGREEMENT by the parties, their successors. and assigns shall not be deemed a waiver of any of ils': rights or remedies, nor shall it relieve the other party. from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against v, hom enforeement is sought. Such waiver shall be limited lo provisions of this AGREEMENT specifically referred m therein and shall not be deemed a waiver of any other pmviskm. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as againsl any pcrmn, entity or circumstance during the term hereof, by fi>roe of any statute, law. or ruling of any fi>rum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, lo the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent · permitted by law. Page 8 of 9. Exhibit "B" 12.5 This A(;I{I,21.;MI';NT rnay be amended only ~s'ith the written appruval of thc parties hereto. 12.6 This AGI~,I';i.;Mi.;NT states the entire under- slanding and AGREI';MI~NT between the parties and supersedes any and all wrilten or or:d representations. slatcmcnts, ncgotialions, or contracts previously existing between Ihe parties with respecl to the subject matter of this AGI,IEEMENT. The COUNTY recognizes that any representations, statement.,, or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless tbey have been reduced to writing and signed by an amhorizcd DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective asstgns, and successors in interest. ARTICLE 13- SAFETY REQUIREMENTS 13.1 The COUNTY shal require appropriate personal protective equipment in all operations where Ihere is exposure to hazardous conditions. 13.2 The COUNTY shall instruct employees required to handle or use toxic materials or olher harmful substances regarding their safe handling and use. including instruction on the potential hazards. personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to thc DISTRICT on each chemical product used. 13.3 The COUNTY shall comply with the standards and regulations set fi~rth by the Occupational Safety and tteahh Administration (OSHA). the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is thc COUNTY's sole duty to provide safe and healthful working conditions to ils employees and those of the DISTRICT on and about the site of AGREEMENT performance. ~: The:COUNTY shall initiate and maintain an Contract Filc:\County.doc 10/29/98 wATER MANAGEMENT DISTRICT 1 B/t. SOUTH FLORII)A EXHIBIT "B" GENERAL TERMS AND CONDITIONS accidcnl prevention program which shall include, but :~::;.; COUNTY shall Im rcsi~msiblc lbr handling fl~cse shall not be limited to. establishing and supervising chemical constituents in accordance with lkderal. programs fi)r the education and training of cmployccs in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.6 The COUNTY shall erect and maintain, as state and I~x:al regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air. ground, surface waters. ground waters, it shall be the COUNTY's sole responsibility to resl'xmd immediately to clean thc required by existing conditions and performance of site, at his expense, to the complctc satisfaction of the AGREEMENT, reasonable safeguards for safety' federal, state, local regulatory agencies and to the and protection, including posting of danger signs and DISTRICT requirements. other warnings, against hazards. ' 13.12 The DISTRICT may order the COUNTY to 13.7 The COUNTY shall take reasonable halt operations under the AGREEMENT. at the precautions filr safety oL and shall provide reasonable COUNTY's expense, il' a condition of immediate protection to prevent damage, injury, tlr loss to: danger to the public and/or DISTRICT employees. equipment, or property exist. This provision shall not 13.7.1 employees on the work and other r~hift ~he responsibility or risk of loss for injuries tlr persons who may be affeclcd thereby: including ~ '!:damage sustained from the COUNTY Itl the pedestrians, visitors, or traveling public; : DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and 13.7.2 the work. materials, and equipment to kx:al safety requirements, provisions of this section. be incorporated therein: whether in storage on or off and .safely of all persons and property on or about the the site. under care. custody or control of the site. COUNTY. or the COUNTY's subcontractors; and 13.7.3 other properties at thc site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The COUNTY shall provide first aid ~rvices and medical care to its employees. 13.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and g(xxl housekeeping practices on the work site throughout the AGREEMENT. ! 3.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act. timely and with due diligence, to prevent threatened damage, injury. or loss. 13.11 Enviromnental: When the COUNTY, COUNTY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any . : other chemicals used on or about the site, the ':: ~: ' : ~'' ' ' Exhtbtt B Contract Filc:\County.doc 10/29/98 II EXiillIIT "C" STATEMENT OF WORK BROKEN BACK ROAD BRIDGE REPLACEMENT 1684 1.0 IIACKGROUNI) The South Florida Water Management District (the District) is currently undertaking a four phase water management improvement plan in the CocohatChee Canal Watershed in the Big Cypress Basin. The Cocohatchee Canal is adjacent to Immokalee Road in Collier County, Florida. The purpose of lhis improvement pl:m is to prevent salt water intrusion, reduce overdrainagc in the watershed, and enhance flood protection. The Cocohatchcc Canal drains a watershed of approximately 186 square miles, consisting of mixed development, :lgricuhurc, and natural areas. The water resources of the Cocohatchee Canal Basin are unique in that they include the sensitive environmental corridor of the Bird Rookery Swamp, Corkscrew Marsh, and Corkscrew Sanctuary. Phase I was completed in 1994 and consisted of construction of one water control structure (salinity barrier), and improvements to approximately 2,000 linear feet of canal in the western portion of lhe canal. Phase 2 is ongoing and consists of construction of a second water control structure, and improvements to approximately 6,000 linear feet of canal in between Structure Number I and Structure Number 2. Remaining Phase 2 improvements include replacement of the Palm River Boulevard bridge and one utility crossing. PhaSe 3 is currently in the design stage and includes construction of a third water control structure and improvements to approximately 5.5 linear miles of canal. Phase 4 is currently in the planning stage and will include improvements to approximately 4.5 linear miles of canal. The Collier County Board of Commissioners (County) is planning and designing improvements to Immokalee Road and a portion of County Road 951 at its intersection with Immokalce Road to meet the desired access and traffic requirements. The objectives for this contract are to replace the culverts crossing the Cocohatchee Canal at Page I of 5, Exhibit C, Agreement No. C-9039 Broken Back Road The existing culvert Range 26 cast. the cast 30 feet of requirements identified in an ~trgcr bridge crossing thc canal as part of thc Phase 3 Improvements. is located in the southwest comer of Section 23, Township 48 south. feet wide public roadway easement (O. R. Book 149. Pg. 489) along Township 48 south, Range 26 east. The new bridge should meet the Scope of ServiceS,'Section 2.0. This bridge replacement was of thc Cocohatchcc Canal conducted by the South Florida Water Management District in February 1997. 2.0 SCOPE OFWORK The scope of work is broken down into specific tasks to identify the responsibilities of each pan>'. Task I - Spoil Disposal Site This task consists of selecting and acquiring a site for the disposal of excess spoil material obtained by the bridge/roadway removal outlined in Task 4. Any excess materials shall not be deposited within the canal right of way. and shall not constrict the canal conveyance. The County shall he responsible for obtaining and funding ti suitable disposal site. Task 2 - i'ernfitting This task consists of obtaining the necessary regulatory permits, construction easements and access to complete the remaining tasks. The County shall be responsible for all funding and other technical aspects of this Task subject to provisions of this Agreement and requirements of all other tasks. Page 2 of 5. Exhibit C, Agreement No. C-9039 Task 3 - Engineering Design 16 4 This task consist of lhe engineering ;md design work It'} prepare a scl of conslruclion plans and specifications for a new canal crossing. Tile County shall be responsible for this task subject to provisions of this Agreement and description of tlie other Tasks herein subject to provisions of this Agreement. The new bridge design shall meet th~'hb,draulic conditions required to provide the desired2.30 level of flood protection. The canal and new bridge structure shMI be able to convey a flov.['~. of,e'7-t' cubic feet per second with a water surface elevation not higher then 13.7~2 feet NGVD ant~ energy head losses not more th.'m 0.05 feet. The lox,.' member of the bfid,,c should have a minimum elevation of 15.85 feet NGVD. Thc nc',,,' bridge shall have one northbotmd and one southbound traffic lanes and shall meet COUNTY codes and transportation requirements in effect at commencement of this agreement. Task 4 - Removal of Existing Structure and Excavation This task in,.'olves Iht removal of Ifc existing culverts and thc canal excavation required to obtain the desired cross-sections. The County shali be/.fi~Pdnsible for culvert removal and excavation. The County shall be responsible for thc relocation of any utilities that cross or enter the Cocohatchee Canal right of way at this location including, but not limited to, electric lines. telephone, cable TV, water and sewer lines, drain;~ge structures, street lights, and signs. Thc new canal cross section shall be excavated underneath the footprints of thc existing culverts and new bridge, and a transition to the existing canal cross sections to the cast and west. The ne,.,,, cross-section shall have a trapezoidal shape, a bottom width of 35 feet, two horizontal to one vertical side slopes (2:1), and a bottom elevation of 7.5 feet NGVD. The centcrline of this trapezoid shall be 12.5 feet south of the centerline of the canal right of way. Page 3 of 5. Exhibit C. Agreement No. C-9039 Task 5 - Construction of New Bridge 'l'Ms Task consists of constructing zt ncxv roadway crossing on the Cocohatchce Canal to replace thc existing structure according to the plans and specifications developed in Task 3. The County shall ~ responsible for this task. The Dist~ct shall rcimbu~e the County for the construction costs of the new bridge, cuh'en removal and excavation up to $175,0~.~ or the actual construction cost, whichever is less. The District will make one lump sum pa)~ent after removal of the existing structure and after completion of the new structure. The County shall provide all necessary documentation for confirmation of construction cost and construction completion of this crossing to the District to verify the amount due to the County. The County shall have all responsibility for access and traffic circulation rdated to culvert removal and new conslruction. Task 6. I)ISTRICT Right of Way l'ermit The County shall obtain a District right of way permit to operate and maintain a canal crossing and an)' appurtenant facilities that may encroach within the District right of way. Within thirty (30) days of the completion of the construction of the bridge and roadway crossing as outlined in Task 5 and acceptance by the District, the County shall file an application for a right of way permit pursuant to Chapter 373.085, Florida Statutes. The County shall be responsible for the completeness of the application and provide such information as is reasonably necessary to cmnplcte the application. The District shall issue a right of way occupancy permit to the County within 90 days of a complete application which is in conformance with applicable District rules and criteria, and the County shall accept the permit and any conditions. Any application processing fees applicable to the right of way occupancy permit are waived. However, the County shall be responsible for any fees associated with any future permit modifications. Page 4 of 5. Exhibit C. Agreement No. C-9039 3.0 I'ROJI';CT ACCEIrI'ANCF. For Tasks 4 and 5 the County project manager [hall verify in writing that the work rot which the invoice is rendered has been completed. The County bridge design engineer shall provide final cerlification that the work as described and outlined in this Statement of Work is complete in accordance with the County contract documents and all claims relative to these projects are satisfied. The County shall provide whatever, support. !rig documentation may be deemed necessary for the District to verify satisfactory completion, and t° ~upport the lump sum payment amounts specified in Exhibit "D". Page 5 of 5, Exhibit C, Agreement No. C-9039 EXilIBIT "I)" i)EIAVI';RAIHA'~S ANI) I'AYMENT SCliEI)UI,i'~ BROKEN BACK ROAI) IIRIDGE I~,EI'LACI';MENT 1684 i.0 I)EI.IVERAIH.I~ The County project manager shall verify in writing that the work has been completed. Thc County bridge design engineer shall provide final certification that the work as described and outlined in the Statement of Work in Exhibit "C" is complete in accordance with the County contract documents and all claims relative to these projects are satisfied. The County shall submit a single invoice upon lhe submission of the final certification. Such invoice shall be substantiated by adequate supporting documentation to justify hours expended and eXpenSes:inCurred within the not-to-exceed budget, including, but not limited to. copies of approved timesheets, payment vouchers, expense repons. receipts and subcontractor invoices. 2.0 I)EI,IVI';i~,AIH,ES AND I'AYMENT ! Task Description Due l)alet Payment: I Spoil Disposal Site 12 months 0 2 Permitting 12 months 0 3 Engineering Design 12 months 0 4 Removal of Existing Structure and Excavation 24 months 0 5 Completion of Construction of New Bridge 24 months $175.000 6 District Right of Way Permit 24 months 0 Total I $175.000 s,,z ~ The duc date is expressed in months fifilowing thc execution &this Agreement '~"~" The District shall make a single Not-to-Exceed payment in the amount shown below. Page I of 1. Exhibit D. Agreement No. C-9039 1..6~ 6 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 PROJECT: Pelican Ridge FOLIO NO: 673907200C4 1681 1 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between PELICAN RIDGE OF NAPLES ASSOCIATION, INC., A FLORIDA NOT-FOR PROFIT CORPORATION, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A" (hereinafter referred to as the "Properly"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Properly to Purchaser for the stated purposes, on the terms and conditions set fodh herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $30,000, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Properly upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Pu/chas..er on .or. b~fore the date of 3. This Agreement shall b~ ndll and void, and bf no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein,:, ~. :.. - 16B1 1 Purchase Agreement o Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. presently are in compliance with all Federal, State and Local environmental laws; ~at no hazardous substances have' been generated, stored, treated or on the Property except as specifically disclosed to the Purchaser; that has no knowledge of any spill or environmental law violation on any uous to or in the vicinity of the Property to be sold to the the Owner has not received notice and otherwise has no knowledge any spill on the Property, b) any existing or threatened environmental against the Property or c) any lawsuit, proceeding or investigation g the generation, storage, treatment, spill or transfer of hazardous )n the Property. This provision shall survive Closing and is not deemed satisfied of title. 7. Owner shall indemnify, save and hold harmless the Purchaser against and from, and to reimburse ~urchaser with respect to, any and all damages, claims, liabilities, laws, costs expenses (including without limitation reasonable paralegal and attorney and expenses whether in court, out of court, in bankruptcy or administrative s or on appeal), penalties or fines incurred by or asserted against the ;er by reason or arising out of the breach of Owner's representation under This provision shall survive Closing 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by OWner. Owner shall be responsible for paying any costs and/or fees associated with securing from mortgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Flodda Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Flodda. Purchase Ag reement Page 3 _IN WITNESS WHEREOF, the parties hereto have executed this Agreement on Date Property acquisition approved by AS TO PURCHASER: DATED:~q~ ATTEST: DWIGHT E. BROCK, Clerk ~',signa%~re cnl.Y. ] ASTO OWNER: DATED: IZ'ZI-~<~ (Print or Type~ Witness (Signature) Name:~~. (Print or Type) Approved as to form and legal sufficiency: Heidi F. Asht6n, Assistant County..~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Pelican Ridge of Naples Association. Inc. PresidentJice Presid(~nt SKETCH 3301 OFFICE OF CAPITAL PROJECTS EAST TA,~IIAMI TRAIL NAPLES, FLORIDA (941) 774-8192 34112 OF LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO. PROJECT PARCEL TAX PARCEL NO... A PORTION OF BLOCK 2 OF TI I~ PLAT THEREOF" PINE RIDGE SECOND EXTENSION REPLAT", AS RECORDED IN PLAT BOOK 12, PAGES 58 & 58 OF THE PUBLIC RECORDS OF COLLIER, COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT TIlE SOU'HIWEST CORNER OF "SUMMERPLACE". A CONDOMINIUM AS RECORDED IN OFFICIAL RECORD BOOK 873, PAGE 79, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY ;THENCE NORTI! 0 DEGREES 38 MINUTES 54 SECONDS WEST ALONG THE WEST LINE OF SAID BLOCK 2 A DISTANCE OF 258.27 FEET; THENCE SOUTl[ 89 DEGREES 21 MINUTES 06 SECONDS WEST, A DISTANCE OF 30.00 FEET; TIIENCE SOUTII 0 DEGREES 38 MINUTES 54 SECONDS EAST ALONG A LINE LYING 30 FEET WEST, AS MEASURED PERPENDICULAR TO, SAID EAST LINE OF BLOCK 2 A DISTANCE OF 313.27 FEET; TIlENCE NORTH 89 DEGREES 2 i MINUTES 06 SECONDS EAST, A DISTANCE OF 30.00 FEET; THENCE NORTti 0 DEGREES 38 MINUTES 54 SECONDS WEST ALONG THE EAST LINE OF SAID BLOCK 2 A DISTANCE OF 55.00 FEET TO TIlE POINT OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.216 ACRE (9,398 SQUARE FEET), MORE OR LESS. BASIS OF BEARINGS IS 'HIE EAST LINE OF SAID BLOCK 2 BEING NORTII {}(} DEGREES .38 MINUTES 34 SECONDS WEST. PARCEL SUM. 2 EX'HI~I"T' IA E,~)RGE R.~ RICHMOND DATE: PROFESSIONAL LAND SURVEYOR #2406 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY' COVERNMFNT rc)tJpl Fy OFFICE OF CAPITAL PROJECTS 5JO1 I.'AST 1AMIAMI TRAIl_ NAPI_ES, FLORIDA 54112 (047) 774-8 m SKETCH: OF DESCRIPTION HICKORY ROAD R=5960' (PREVIOUSLY ACQUIRED) ;.89'21 '26"W. 30.00' SUMMERPLACE 1 CONDO O.R. 873 PAGE 79 N.89'21'26"E. PELICAN RIDGE GENERAL NOTES 1) P.O.C, Indicotes Point of Commencement 2) P.B,B, Indicates Point of Beginning 3) Sec. indicates Section 4) Twp. Indicates Township 5) Rge. Indicates R~nge i EXHIBI,~ T-] G) R/W indicates Right-of-way ~"~S¢ :~ '4 ~' 7) Att distances are In Feet and decimats thereof 8) Basis of bearings is the North tine of Brock 2 being N.OO,38'34'W. ' 9) No~ vott~ un[ess' ~igned ond seOted wl~h ~he embossed seal, of ~he pro~esslon~t land surveyor 16Bll CAPRI PASS AND BIG MARCO PASS INLET MANAGEMENT PLAN PROFESSIONAL SERVICES AGREEMENT Tills AGREEMENT IS MADE AND ENTERED into this f day of-"-~fl~ .~y-', 19 ~'~ 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 llumiston & Moore Engineers. a Florida corporation, authorized to do business in the State of Florida, whose business address is 10661 Airport Road North, Suite 14, Naples, Florida 34109 (Hereinafter referred to as the "CONSULTANT"). WITNESSETll: WIIEREAS, the OWNER desires to obtain the professional engineering and surveying services of the CONSULTANT concerning certain monitoring services for the Capri Pass and Big Marco Pass Inlet Management Plan (hereinafter referred to as the "Project"), said services being more fully described in Exhibit A attached hereto; and WIIEREAS, on May 17, 1994 the Board of County Commissioners approved a Professional Services Agreement with the CONSULTANT to perform design services for the Project; and WIIEREAS, the CONSULTANT has submitted a proposal for provision of monitoring services during 1999; and XVIlEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW TllEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Capri Pass and Big Marco Pass Inlet Management Plan Professional Services Agreement entered into on May 17, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as follows;~ I. Schedule B, Attachments B and C of the Agreement dated May 17, 1994, is hereby amended and revised as set forth in Exhibit "A" attached hereto. Said Exhibit"A' is the December 15, 1998, letter from llumiston & Moore Engineers to Project Manager Harry Huber re: "Proposal for Monitoring of thc T-Groin Project Performance-1999'. 2. Article Five of the Agreement is hereby amended as follows: Compensation by the OWNER for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount of I;127,425.00 provided in Exhibit "A" attached hereto without an appropriate change order or amendment to this Agreeme t.~: " 3. Other than the changes/additions indicated in this Amendment, all provisions of the original contract are in full force and effect. IN WITNESS WIIEREOF, the parties hereto have executed this amendment to the Agreement the day and year first written above. Approved as to form and legal sufficiency: County Attorney BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE/~. TATE F FLORIDA ;...// Pamela S. Mac Kie, ChairWoman Humiston & Moore Engineers By:;' ' Kenneth K. Humiston, P,E. President Typed or printed name (CORPORATE SEAL) Typed or printed name AMENDMENT#4.11EII.Ih ;;~';' I~NGINI~I~RS COASTAL ~' E l,,IGli'.l [ E R li',lG DESIGN AND PERMITTIIIG EXIIIBIT "A" 10661 ,NRPOR'T 19OA/D N. SUITE 14 NAPt. ES. FLCRflDA 34109 FAX 941 594 2025 PHONE 941 594 2021 December 15, 1998 Mr. Harry Huber, P.E. Office of Capital Projects Management 3301 E. Tamiami Trail Naples, FL 34112 Re: Hand Delivered Revised Proposal for Monitoring of the T-Groin Project Performance - 1999 HM File No. 8-002a Dear Harry, In response to our last meeting on June 29, 1998, our presentation on Marco Island on July 7, 1998, and your meeting with Ken Humiston last week, we are providing you with this updated proposal for the continued monitoring of the T-groins and comprehensive monitoring of the Hideaway Beach shoreline as you have requested. This proposal supersedes our last proposal dated August 13, 1998. Specifically, we are providing you with this proposal for the second year's monitoring under a five year monitoring program of the performance of the Marco Island T-Groin Project, as required by DEP to satisfy the monitoring requirements of the temporary installation. Consistent with our initial proposal, this proposal is for the second year of monitoring, renewable on an annual basis in accordance with fee schedules current at the time of renewal. Monitoring requirements were negotiated between the DEP Bureau of Beaches and Coastal Systems, the Flodda Game and Fresh Water Fish Commission and the U.S. Fish and Wildlife Service. We plan to use Sea Systems Corporation (SSC) to collect the hydrographic profile data. Agnoli Barber and Brundage (ABB) will remain available to conduct monument recovery, emergency post storm profiling and upland beach profile surveying as needed. As part of the post construction survey completed last year, additional stationing and monumentation was included near Collier Bay. At the request of the Marco Island Beach Advisory Committee this past July, and your subsequent meeting with Ken Humiston, we have included additional survey coverage of the entrance to Collier Bay consisting of a total of 32 profiles. Scope of Work Task A: Surveys are required for post construction, 3-months, 6-months and thereafter at 6-month intervals for 5 years, comprising a total of 11 surveys. These surveys beginning with the post construction survey will be referred to as the comprehensive surveys. These surveys will incorporate both the monitoring of the T-groins, the Hideaway Beach element of the Marco Island Beach Restoration project monitoring, and 11 additional profile lines Page! of 3 EXq{IBIT "A" a~ong the entrance to Coflier 8ay. The ful~ scope of work consists o~ surveying a tota~ of ~9 beach profiles and 32 additional profile lines in Collier Bay. Please refer to the enclosed diagram for the survey layout. Task B: Compaction monitoring is reqUired each year and the results must be provided to DEP prior to Apdl 1 of each year. The results will be coordinated with Collier County OCPM and DEP to determine the need for any additional tilling each year. Task C: Monitoring reports and project performance assessments are required annually. The costs associated with the surveys and reports are listed below by year: (Task) Description. (A): Comprehensive surveys (2) (B): Compaction Testing for Report (C): Report & Analysis Subtotal for 1999: Cos~t $46,940 2,105 11,970 Annual Cost $61,015 In addition to the items above, we propose to add Task D, the collection of post storm survey data. We propose to allow for two surveys to consist of the same survey as Task A, the results of which would be incorporated in a subsequent report. Such task will only be done upon written direction from the Collier County Office of Capital Projects Management. Task D: Post storm surveys upon direction from the OCPM Additional report analysis following collection of post storm data. 546,940 $11,970 $58,910 Total for Task D Task E is additional services, to be provided on a time and materials basis, to coordinate any necessary changes, report interpretations, project adjustments, meetings with County staff or representatives of Hideaway Beach regarding performance of the structures, or any other tasks required by the county which are not specifically included in Tasks A through D. A budget of $7,500 is recommended for this task. Should additional services requested by the county exceed this budget, a contract amendment to perform for such services will be submitted to Collier County for approval pdor to conducting those services. All invoices related to this Task E will be itemized in accordance with the attached fee schedule dated January 1, 1998. The fee schedule is subject to adjustment during the period of this contract. Engineering services as referenced will be provided in accordance with the general conditions enclosed as part of this proposal. Total: Basic and Additional Services (Tasks A through E) S127,425. We propose to provide the services for tasks A and B above on a lump sum basis, billed on a monthly basis as percentage complete. Additional Services will be billed on a time and materials basis in accordance with the attached fee schedule, dated January 1, 1998, and Standard General Conditions dated ust 22, 1996. ~ Page 2 of 3 HUMISIOI'I 8, MOOI1E ENGINEEI1S . t~IAPLES, I:[OI~IDA 2 III I 16B12 EIIIIBIT "A" As a reminder, the permanent structure design will be based upon data collected during the ongoing monitoring. ~. As required by DEP, the applications for the permanent installation cannot be filed until after three years of momtonng. ~[~.::: ~. ':~ '" Should you have any questions regarding this request, please give me a call. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. Enclosures ~,~, Page 3 of 3 HUMI$1Otl & MOORE Et~GINEERS * NAPLES. ~LO~IDA TABLE 1: HI BEACH ANNUAL MONITORING SEPTEMBER 1997 TO 2002 1681 EXHIBIT "A" PROFILE STATION LOCATION SURVEY OFFSHORE STATION NORTHiNG I :~EASTING AZIMUTH DISTANCE 1 M-1 595775.9 · I ~'L2~-54919.5 ~ 0o 2000' 2 M-2 595389.9 I ~ ['~5005.8 ~: 270° 2000' 3 T-128 591169.6 ~ i[2~53606.0 270° 2000' 4 -5+37 591262.1 / [2~3510.5 290° 400' seaward of MHW 5 -4+37 591356.1 / [2.53544.7 290° ' 400' seaward of MHW 6 -3+37 591450.1 / :i [2]53578.9 290° 400' seaward of MHW 7 -2+37 591544.0 / i J~53613.1 290° 400' seaward of MHW 8 -1+37 (M-3) 591638.0 / !!~53647.3 317° 30' 31" 2000' 9 0+00 (H-l) 591730.1 ! :J J~53748.9 3!7° 30' 31" 400' seaward of MHW 10 1+30.5 591816.1 '/! J~53847.1 317o 30, 31- 400' seaward of MHW 11 2+61 591902.1 :/i J'~53945.3 317o30'31" 400' seaward of MHW 12 3+91.5 591988.1 ! J~54043.4 317o30'31" 400' seaward of MHW 13 M-4 592043.3 ! ! J254089.7 317° 30' 31" 2000' 14 5+22 (H-2) 592074.1 / J~54141.6 317° 30' 31" 400' seaward of MHW 15 H-3 592400.9 /'~54534.4 317° 30' 31" 2000' 16 M-5 592718.8 /i [~54827.1 317° 30' 31" 2000' 17 H-5 593069.8 /i ~55262.8 317° 30' 31" 2000' 18 M-6 593394.2 ' ii E55564.5 317° 30' 31" 2000' 19 H-7 593872.5 / { 155874.3 317o30'31'' 2000' 20 M-7 593934.6 /i ~256154.4 317° 30' 31" 2000' 21 34+68.5 (H-8) 594298.8 /~, ~56099.7 317° 30' 31" 2000' 22 37+06 594518 7 Ii ~56220.4 317° 30' 31" 400' seaward of MHW 23 39+43.5 (H-9) 594738.5 /t ~6341.0 317o30'31" 2000' 24 40+63 594830.1 /~ ~6419.6 317° 30' 31" 400' seaward of MHW 25 41+83 594921.7 Jl ~6498.2 317° 30' 31" 400' seaward of MHW 26 43+03 595013.3 Ii lr , ~o 30' 31- 400' seaward of MHW 27 44+31 (H-10) 595104.9 J~ ~ 2~6665.4 317° 30' 31" 2000' 28 45+56 595197.4 ! ' 2~6751.6 317° 30' 31" 400' seaward of MHW 29 46+89.5 595289.8 J 256847.8 317° 30' 31" 400' seaward of MHW 30 48+23 595382.2 ! 256943.9 317° 30' 31" 400' seaward of MHW 31 49+56 595474.6 ~ 257040.1 317° 30' 31" 400' seaward of MHW 32 50+89.5 (H-11) 595567.1 ! 257136.3 317° 30' 31" 2000' 33 53+39.5 595740.3 ! 257316.6 317° 30' 31" 400' seaward of MHW 34 H-12 595893.8 ! 257505.9 317° 30'31" 2000' 35 H-13 596202.4 / 257891.9 317° 30' 31" 2000' 36 H-14 596457.8 !: 258326.7 317° 30'31" 2000' 37 H-15 596509.0 / 258948.7 317° 30' 31" 2000' 38 H-16 59,6502'8 I 2.5?,090.0 47° 30' 31' 2000' 39 C-1-3 200 OFFSET J 200 OFFSET 47° 30' 31" 2000' 40 C-4 5,,96502.8! 2.5,9090.0 63o 47' 25" 500' 41 C-5-17 200 OFFSETI 200 OFFSET 80° 03' 19" 500' 42 C-18 594551.9 / 259179.7 141° 30' 22" 500' 43 TABLE 1 C-19-32 CONTINUED 1200' OFFSETI 200' OFFSET J 1681 EXHIBIT 141 ° 30' 22" HUblIST()N i'_.'NGINI I RS COASTAL ENGINE[R~f~G DESIGU A/JO P£RM~TTII'~G FEESCHEDULE 16812 EXIIIBIT "A" I o~,61 ~RPORT RC3,AD N. 5UrrE 14 ~S. FLOR'IDA 3410'7 FAX 941 594 ,~0,~$ PHONE 941 $94 20,ZI Humiston & Moore Engineers January 1, 1998 Prindpa, Engineer* ..................... ~' '!" - ,'."~;'.;: ~.: :: ..... :...: ................. $100.00/hr Senior Engineer' ;.?;:~'~ ~;:i $75 00/hr ......................... ,,~,,., ~,,~'.:~,.,, ;-~;. ....................... Staff Engineer .............................. ~.. ................................. $65.00/hr Technician ....................................................................... $55.00/hr Administrative Assistant ...................................................... $45.00/hr Facsimile .......................................................................... $1.00/pg Gopies (in house) ............................................................... $0.05/pg Mileage ............................................................................ $0.31/mi Telephone ...................................................................... No Charge ' Registered Professional Engineer All out of pocket expenses not covered above will be billed as expenses and included with the monthly invoice. There will be a 10% markup on all expenses not specifically listed above as well as for any necessary subconsultants or laboratory fees. Invoidng will be provided on a monthly basis unless specified differently in the contract Payments are due upon receipt of invoice. A late payment charge of 1.5% per month, calculated frc;m the date of invoice, may be imposed on any unpaid balance which remains unpaid more than 30 days from the date of invoice. ~!',~ ~,~. HUi%IIST()N 8' I%,I()()R I N(; I N !:. I ,S COASTAL EI~GII~EER:I~Cs DFSIGN AND P[RMIT llt~ HUMISTON & MOORE ENGINEERS 16812 EXllIBIT "A" 10661 .Nk"FORT ROAD iq. SUIT, Ir 14 ~S. FLOglOA 3410q FA'( 941 594 2025 PHONE 941 594 2021 Standard General Conditions for Professional Sen/ices Contracts August 22, 1996 The purpose of these standard General Conditions is to govern all services performed by Humiston & Moore Engineers. Payment for Sen/ices Humiston & Moore Engineers (ENGINEER) will bill Client (OWNER) monthly, on a time and materials basis, for services rendered. Payment of bills is due within thirty days of the invoice date. If the OWNER fails to make any payment due for services and expenses within thirty days, the amounts due shall include a late charge at the rate of 1.5% per month beginning on the thirtieth day after the date of the invoice, and in addition, after giving seven days written notice services under this agreement may be suspended until such time as full payment is made for amounts due. ENGINEER shall be entitled to collect reasonable fees and costs, including attorneys fees and interest, should it be required to obtain collection of any amount due under this agreement by court action or settlement without court ac"Jon. Renegotiation of Fees ENGINEER reserves the right to renegotiate fees on an annual basis to reflect changes in price indices and pay scales applicable to the pedod when the services are rendered. Additional Sen/ices, Reimbursable Expenses, and Application Fees Additional Services not specifically included in the description of Basic Services will be provided at the cost of time and materials. Additional services may include any other services requested by OWNER. such as design and plan modifications, responding to requests of regulatory agencies, attendance at meetings and hearings, making presentations and time spent preparing for same. Reimbursable expenses associated with travel, copies, faxes, application fees, laboratory testing fees, etc., will be billed at cost plus 10%, with the exception of mileage which will be billed at the prevailing government rate. Application fees and impact fees, etc., are the responsibility of OWNER; if paid by ENGINEER such fees w~ll be subject to the same markup as other reimbursable expenses. Project Delays The OWNER recognizes and agrees that various factors both within and without the control of ENGINEER can operate to delay the pedormance of the work, the issuance of permits and licenses, and the overall construction of the project. The OWNER agrees that it shall not be entitled to any claim for damages on account of hindrances or delays from any cause whatsoever including but not limited to: the production of contract documents; issuance of permits from any agency;, beginning or completion of construction; or performance of any phase of work pursuant to this Agreement. HUMISTON & MOORE, Standard General Conditions, page 1 of 2 EIq~IBIT Project Representation . It is customary for ENGINEER's responsibilities to include services through the Bidding or Negotiation and Construction phases in order to interpret and clarify ENGINEER's documentation, to give OWNER some degree of assurance (but not a guarantee) that what CONTRACTOR produces is generally in accordance with the contract documents. If ENGINEER's responsibilities as identified elsewhere in this contract do not specifically include construction observation services, then OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, loses and expenses including attorneys fees resulting from any interpretation, clarification, substitution acceptance, shop drawing or sample approval issued by OWNER or others. ,~ Limitation of Liability 'i OWNER and ENGINEER agree that because of the risks, rewards and benefits of the project relative to the design professionars total fee for services, that the risks have been allocated such that, to the fullest extent permitted by law. ENGINEER's total liability to OWNER for any and all injuries, claims, losses, expenses. damages or claims arising out of this agreement from any cause or causes, shall not exceed the total · amount of $10,000 or the amount of the fee charged for the specific services described, whichever is greater. Such causes include, but are not limited to, design professionars negligence, errors, omissions, strict liability. breach of contract or breach of warranty. Termination The obligation to provide further services under this Agreement may be terminated by either party upon thirty days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. OWNER's Responsibility OWNER will provide ENGINEER with all cdteria and full information as to OWNER's requirements for the project, as well as all existing site surveys and other site information. Document Reuse All document prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service in respect to the project and ENGINE ER shall retain an ownership and property interest therein whether or not the project is completed. Such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the project or any other project without written verification or adaptation by ENGINEER. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole risk, and OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees resulting therefrom. 2 HUMlSTON & MOORE, St '1 ~', dard General Conditions, page 2 of 2 AMENDMENT NO. 2 16815 MARCO ISLAND BEACII RESTORATION PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO THl___,__ay of'-)C~n.~0,y, 19q~, 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 Humiston & Moore Engineers, a Florida corporation, authorized to do business in the State of Florida, whose business address is 10661 Airport Road North, Suite 14. Naples, Florida :34109 (hereinafter referred to as the "CONSULTANT"). WITNESSETll: WIIEREAS, the OWNER desires to obtain the professional engineering and surveying services of the CONSULTANT concerning certain monitoring services for the Marco Island Beach Restoration Project (herein after referred to as the "Project"), said services being more fully described in Exhibit "A' attached hereto; and WIIEREAS, on December 20, 1994, the Board of County Commissioners CONSULTANT permitting and Project; and approved a Professional Services Agreement with the to perform professional services related to the design, construction of a segmented breakwater system for the WIIEREAS, the CONSULTANT has submitted a proposal for provision of monitoring services during 1998/1999; and WIIEREAS, the CONSULTANT represents that it has expertise in the type of professionals services that will be required for the Project. NOW TllEREFORE,.in~onsideration of the mutual covenants contained herein and other good and valuable consideration, the Marco Island Beach Renourishment Professional Services Agreement entered into on December 20, 1994 (hereinafter also referred to as the Agreement ) is hereby amended as follows: Schedule~.B, Attachments B and C of the Agreement dated December 20, 1994, is y :['lan reVised as set forth in Exhibit "A" attached hereto.~;~~ Said the December 8, 1998 letter from Humiston & M%re Engineers Manager Harry Huber re: "Revised Proposal for the 1998/1999 Monitoring of the Marco Island Breakwater Proiect Performance" 2. Article Five of the Agreement is hereby amended as follows: Compensation by the OWNER.iz.for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount of $23,900.00 as provided in Exhibit "A" attached hereto wilhout an appropriate change order or amendment to this Agreement. 3. Other than the changes/additions indicated in this Amendment, all provisions of the original contract are in full force and effect, !6B 5 IN WITNESS WiIEREOF, the parties hereto have executed this amendment to the Agreement the day and year first written above. Approved as to form and legal sufficiency: County Attorney o t...~ Witness BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA \ Pamela S. Mac Kie, Charwoman llumiston & Moore Engineers '"'~ Kenneth K. Humiston, P.E. President Typed or printed name (CORPORATE SEAL) Typed or printed name AMENDMENT#I.IIEll.lh . i~i': 18B1.5' EXIIIBIT "A" IO6/,l t~RPO~'T RC~ N gty~;E 14 PHOI'~E ~41 594 2021 December 8, 1998 Mr. Harry Huber, P.E. Office of Capital Projects Management 3301 E. Tamiami Trail Naples. FL 34112 Re: Revised Proposal for the 199811999 Monitoring of the Marco Island Breakwater Project Performance, H&M File No. 6053 Dear Harry: As a follow up to our meeting on September 2, 1998, we are providing this proposal, for ongoing monitoring of the referenced proje~;t. The overall scope of work includes monitoring for a period of five years, which is consistent with the program required by the state following completion of the Marco Island Beach Restoration Project. This proposal is for the second year of monitoring, analysis, and report preparation using data in part to be collected by others during the fall 1998 Marco Island Beach monitoring, and provided to Humiston & Moore Engineers by Collier County. As we discussed, this contract will be renewable on an annual basis in accordance with fee schedules current at the time of renewal. SCOPE OF WORK A. Beach Monitoring Analysis of beach profiles out to wading depth at nine locations at approximately 100 foot intervals from the south groin to the north end of the seawall at Cape Marco as shown on the attached figure, and analysis of the data for incorporation in the subsequent annual monitoring report. Estimated cost per monitoring event $ 5,380.00 B. Beach and Hydrographic Monitoring Analysis of beach profiles as described above plus hydrographic surveys of the nearshore region around the breakwater segments, the inlet shoals, and portion of the channel as shown on the attached figure. Analysis of the data, comparison with previous surveys, and preparation of an annual report with graphic illustrations and discussion of results. : Estimated cost per monitoring event $11,020.00 Page 1 of 2 C. Additional Services and Contingency To include but not limited to meetings, presentations, administrative assistance, and agency coordination as may be requested by the Owner. ~. Estimated cost $ 7,500.00 We propose to provide the services for tasks A and B above on a lump sum basis, billed on a monthly basis as percentage complete. Five copies of a monitoring report will be provided within 90 days of receipt of the hydrographic survey data from Collier County. Task C, Additional Services, will be billed on a time and materials basis in accordance with the attached fee schedule. Attached is a copy of our current fee schedule and Standard General Conditions, dated January 1, 1998. Sincerely yours, HUMISTON & MOORE ENGINEERS Kenneth K. Humiston, P.E. Page 2 of 2 16B15~ EX]IIBIT "A" G i-lt IIS'I'()N C OAS'i'A'. FEE scHEDULE EXlIIBIT 10661 A/RPOgl RO/O fJ, 5Ug£ I.$ NAPLES. FLC~IDA 34109 t'AX 9-; I 594 DION£ 941 594 2021 Humiston & Moore Engineers January 1, 1998 ". .SlO0.00/hr Prindpal Engineer' ................. ~":~'" ...... ' ........................ · " .~.~, . ................. 575.00/hr Senior Engineer' ................ , ...... '~;- ................. 7 .................. S65.00/hr Staff Engineer... :. ...................... '~ .................... . ....... 555.00/hr Technician ...................................................... . S45.00/hr Administrative Assistant ..................................................... ..... 51.00/pg Facsimile ..................................................................... .......... $O.05/pg Copies (in house) ....................................... .~i'.~'.i~'.~'. ............ $0.31,mi Mileage .................................................... ....... No Charge Telephone ................................ '~ ............................ · Registered Professional Engineer All out of pocket expenses not covered above will be billed as expenses and included with the monthly invoice. There will be a 10% markup on all expenses not spedfically listed above as well as for any necessary subconsultants or laboratory fees. Invoicing will be provided on a monthly basis unless spedfied differently in the contract. Payments are due upon receipt of invoice, A late payment charge of 1.5% per month, calculated from the date of invoice, may be imposed on any unpaid balance which remains unpaid more than 30 days from the date of invoice. EXIIIBIT "A" F~ 941 594 2025 ~Gt:E ~4I 5~4 2021 HUMISTON & MOORE ENGINEERS Standard General Conditions for Professional Services Contracts August 22, 1996 The purpose of these standard General Conditions is to govern all services performed by Humiston & Moore Engineers. Payment for Services Humiston & Moore Engineers (ENGINEER) W~ll bill Client (OWNER) monthly, on a time and materials basis, for services rendered. Payment of bills is due within thirty days of the invoice date. If the OWNER fails to make any payment due for services and expenses within thirty days, the amounts due shall include a late charge at the rate of 1.5% per month beginning on the thirtieth day after the date of the invoice, and in addition, after giving seven days wdtten notice services under this agreement may be suspended until such time as full payment is made for amounts due. ENGINEER shall be entitled to collect reasonable fees and costs, including attorneys fees and interest, should it be required to obtain collection of any amount due under this agreement by court action or settlement without court action. Renegotiation of Fees ENGINEER reserves the right to renegotiate fees on an annual basis to reflect changes in price indices and pay scales applicable to the period when the services are rendered. Additional Services, Reimbursable Expenses, and Application Fees Additional Services not specifically included in the description of Basic Services will be provided at the cost of time and materials. Additional services may include any other services requested by OWNER, such as design and plan modifications, responding to requests of regulatory agencies, attendance at meetings and hearings, making presentations and time spent preparing for same. Reimbursable expenses associated with travel, copies, faxes, application fees, laboratory testing fees, etc., will be billed at cost plus 10%, with the exception of mileage which will be billed at the prevailing government rate. Application fees and impact fees, etc., are the responsibility of OWNER; if paid by ENGINEER such fees will be subject to the same markup as other reimbursable expenses. ': Project Delays The OWNER recognizes and agrees that vadous factors both within and without the control of ENGINEER can operate to delay the performance of the work, the issuance of permits and licenses, and the overall construction of the project. The OWNER agrees that it shall not be entitled to any claim for damages on account of hindrances or delays from any cause whatsoever including but not limited to: the production of contract documents; issuance of permits from any agency; beginning or completion of construction; or performance of any phase of work pursuant to this Agreement. HUMISTON & MOORE, standard General Conditions, page 1 of 2 ,,, EXIIIBIT "A" Project Representation It is customary for ENGINEER's responsibilities to include services through the Bidding or Negotiation and Construction phases in order to interpret and clarify ENGINEER's documentation, to give OWNER some degree of assurance (but not a guarantee) that what CONTRACTOR produces is generally in accordance with the contract documents. If ENGINEER's responsibilities as identified elsewhere in this contract do not specifically include construction observation services, then OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, loses and expenses including attorneys fees resulting from any interpretation, clarification, substitution acceptance, shop drawing or sample approval issued by OWNER or others Limitation of Liability OWNER and ENGINEER agree that because of the risks, rewards and benefits of the project relative to the design professionars total fee for services, that the risks have been allocated such that, to the fullest extent permitted by law, ENGINEER's total liability to OWNER for any and all injuries, claims, losses, expenses, damages or claims arising out of this agreement from any cause or causes, shall not exceed the total amount of $10,000 or the amount of the fee charged for the specific services described, whichever is greater. Such causes include, but are not limited to. design professionars negligence, errors, omissions, strict liability. breach of contract or breach of warranty. Termination The obligation to provide further services under this Agreement may be terminated by either party upon thirty days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. OWNER's Responsibility OWNER will provide ENGINEER with all criteria and full information as to OWNER's requirements for the project, as well as all existing site surveys and other site information. Document Reuse All document prepared or furnished by ENGINEER pursuant to this Agreement are instruments of service in respect to the project and ENGINEER shall retain an ownership and property interest therein whether or not the project is completed. Such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the project or any other project without written verification or adaptation by ENGINEER. Any reuse without written verification or adaptation by ENGINEER will be at OWNER's sole dsk, and OWNER shall indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses including attorneys' fees resulting therefrom. HUMISTON & MOORE, ~rd General Conditions, page 2 of 2 15 16~16 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 RESOLUTION NO. 99- 74 A RESOLUTION BY TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUN ['Y AND AS EX-OFFICIO TIlE GOVERNING BOARD OF TIIE COLLIER COUNTY WATER/SEWER DISTRICT; AUTHORIZING CLOSING OF THE PURCttASE OF TI IE ROOKERY BAY WASTEWATER FACILITIES; ACCEPTING TITLE TO ALL ASSETS BEING CONVEYED TO TIIE COUNTY; AND AUTHORIZING TI IE ADMINISTRATOR OF PUBLIC WORKS TO EXECUTE ALL DOCUMENTS REQUIRED TO CLOSE THE SALE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Iht Governing Board of the Collier County Water/Sewer District, that: i. Thc Board of County Commissioners of Collier County, Florida, as tile governing body of Collier County and as ex-Officio thc Governing Board of the Collier County Water/Sewer District (hereinafter "County"), on August 4, 1998, pursuant to Resolution 98-297 and Section 125.3401, Florida Statutes, authorized the Board's Chairman lo execute a Purchase and Sale Agreement, which was executed by the :~.. Chairman in accordance with lhal Resolution. 2. The Agreement of Purchase and Sale (recorded in the public records of Collier Counly in OR Book 2460. Pages 0701 through 0713) required that speci fled actions be taken prerequisite to closing the purchase and sale. 'File specified actions have been completed in accordance with the Agreement for Purchase and Sale. 3. All documents attached hereto pursuant Io thc Agreement of Purchase and Sale arc hereby accepted on behalf of thc County, and the Board's Chairman is hereby authorized to sign those documents on behalf of the County as indicated, which documents finalize thc purchase price (subject to schedule of costs and minor pro-ration adjustments) and formally accept title to all assets being conveyed to the County. 4. The Board hereby delegates to tile Administrator of Public Works full authorily to execute all other documents that may be required to finalize the closing, scheduled for Monday, February 1, 1999. 5. This Resolution and all documents altached hereto shall be recorded by the County in the public records of Collier County, Florida. This resolution adopted this~0, ~? day of January, 1999 after motion, second and majority vote Favoring adoption. ATTEST: D WX~-I IT E. BPvOCK, CLERK Denutv Clerk as to ~hah ignature' Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS ':. COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF TIlE STATE OF FLORIDA, AND AS EX- ,?~:~..OFFICIO THE GOVERNI~. G BOARD ~ ' :: :~OETItE COLLIERCOUI~TY~,WATER/ : ,..-:' '~':? B~ /,_..c.I -'-~ PAMELA S. MAC KI 7 CHAIRWOMAN This instrument prepartd by: ~bOUC.I. ~YOODP/,4RD, F~Q57RE Wood. ar4 Pirex & Lombarda, P.,4. 80I Laurel Oak Drive, Suite 710 Naples, FI. $4108 2430123 OR: 2509 PG: 1289 HCO£HD in OHICIAL HCORDS of CGLLIER COUffTT, 02/04/99 at 08:31Ax D~IGflT ~. HOCE, CHRX Beth: CLHKTOTHEBOARD l~. 6 B IIITHOPFIC! 4TH FLOOR II? ~0,00 13.00 KNOP/ ALL MEN BT THE~E PRF, g~$. that ROOKERY BAY SERVICES, INC., ("Cn'antor'Ja ~ corpo~on with offic~ at 801 Laurel Oak Drive, Sui~ ?IO, Napl~, FL 34108, ofth~ Couaty of Collie, and Sta~¢ of Horida, parti~ of thc fir~ part, for and in coasid~ratim oftl~ ram of T~ Dollars ($10.00) lawful mon~' ofth~ Unk~ Stat~, to ~ paid by CoIli~ County, with offw~ at Public Works Division, Buil~ H, 330! East Tamiami Trail, of Naples, FL 341 ! 2, panics of 'd~ ~:ond pan, t~ receipt when:of is h~¢by admowlc~cd, ba-~ ~anIed, bargai~d, sold tzamferrcd ~ ddiv~l, and by the~ proems does gra~ ba~n, sell, transfer and deliver umo thc sad pa.nics of rig sec. md pan, their ~.-uu~. ~s and uriga~, ard/or SEE A'FFACHED EXHIBIT "A" 2'0 fid VE AND TO/-/OLD th~ ~am~ unto th~ said par~ of thc second par,, thdr AND G~amor docs for iu¢lfand iu heirs, cr,~amrs and admmi~awrs, ~ to and with th~ said parties ofttg socoml parr. th~ ex. ames, admininrators and assigns, that Gramor is thc lawful owner of~¢ sa/d property, that they are frg from all monabra~c~, that Gramor has good rights to sell the same aforesaid. and t/m Cn'amor will wan-am and dcfmd tJ~ sa.lc oftlg said prolgrty, goods and cha~ls hereby thc said pard~ oftlg s~md part, ',hdr cx~-mors, adminisxrazors and ~sigas against tlg lawful riaLtos and ~. IN ~ WHE2~OV. grantor ha~ hemmm s~t ~ haad~ ~nd se. ah tl~ /' day of 7/'~ b;".~3. 1999 -o Sigrg~ sc&lcd ami ddivercd in tho pr~nc~ of: _ -'-,' ./,-.~--., / Prim Nam~: 2/.," _ ' ~ .~ '' '-: .'-3/, ,/.., 7 Prim Nan.: ~ ROOKERY BAY SERVICES, INC., a F~odda corpor'afan Mark I. Woodward, Pr~'i&'at OR: 2509 PG: 1290 ....... -16B ~ ~OOD~I~. ~re~tdent of~ke~ ~ ~c,~, Inc., a ~,~ co~r~on, on ~eha~of t~e co~raaon ~ t, ~r*o~lly ~n to ~a ~ ~d ~t ~ ~ oath. PrlntName: ~ ~0~ , Commission E~ptre~: OR: 2509 PG' 129.1 Exhibit "A" Rookery Bay Services, Inc., Seller Collier County, Purchaser Description of Purchased Assets The Purchased Assets are the customer base, transmission mains, supply pipes, and the Additional Facilities as defined herein (collectively, the "Utility System") which Seller owns or in which it has an interest. All easements, licenses, rights-of-way and consents owned by Seller for the construction, operation and maintenance of the Utility System. All certificates, immunities, privilegeS, permits, licenses, license rights, easements, consents, grants, ordinances, leaseholds, rights-of-way and all rights to construct, maintain and operate the Utility System for the collection and disposal of wastewater and every right of every character whatever in connection therewith, and the obligations thereof; together with all rights granted to Seller under Certificate No. (previously Rookery Bay Utility Certificate No. 06S) issued by the Commission. 3. All past and current customer records, prints, plans, engineering reports, surveys, specifications, shop drawings, equipment manuals, and other information reasonably required by the Purchaser which are in possession of Seller and its agents pertaining to the operation of the UtilitY.System. 4. One (1) set of drawings showing the sanitary wastewater collection, treatment and disposal facilities of the utility. Such drawings shall also include any original tracings, sepias or other reproducible material in possession of Seller. · All rights of Seller under the Developers' Agreements and/or Bulk Service Agreement entered into between Seller and owners, developers or bulk customers to properties that are provided wastewater service. Purchaser shall reimburse Seller an amount agreed upon by the parties sufficient to pay the costs incurred by Seller for planning, design and construction of a pump station including, but not limited to, costs of supervision, inspections, engineering, drawings, permit application, materials, construction for the station, transmission lines, supply pipes, collection pipes, valves, service connections, if any, and other items as agreed by the parties (collectively, the "Additional Facilities"). · OR: 2509 PG: 1292 EXHIBIT 8 - ROOKERY BAY FRANCHISE SERVICE TERRITORY Townshio 51 South, Ranqe ;~6 East, Collier County Section 3 - The South ½ of Section 3 lying East of S.R. 951 and South of U.S. Highway 41. The SE '/, or the S~V ~ and the SW % of the SE % lying South of Hendemon Creek .Section 10. The North % lying East of S.R. 951 and the NoAh % of the North % of the South % lying East of S.R. 951. The NW ~ of the NE Section 11 - The NW Section 12 - The West % of East ',4 lying Nodh of U.S. Highway 41. That portion of the NW N oi' the SW ~ lying South of U.S. Highway 41 (Tamiaml Tray and Ihat podion or' the SW ~ of the NW % lying South of U.S. Highway 41: The SW ~ or the SW ~. AND LESS THE FOLLOVVING DESCRIBED PARCEL Starling at the Nodhwest comer or' the property al the Intersection of the South PJght of Way of U.S. Highway 41 and the West line of Section 12, Township 51 South, Range 26 East, Collier County, Flodda, and proceeding Southerly along the Section line for approximately 870 feel; thence Eastedy for 330 feet, thence Northerly for 660 feet, thence Westedy along U.S. Highway 41 Southerly Right of Way for approximately 390 feet to the Point o1' Beginning comprising approximately 5.8 acres. .Section 13 -All of Section 13. ~ Section 14 -Xhe NE Section 15 - The South ½ o[ the South % lying East of S.FL 951. Township 51 South. Ranoe 27 East. Collier CounlY Se¢ion 8 - NE ',4 or' NE %. All or Section~ 18 and 19.~. Section 20 - East % and lhe East % or' SW % ~id the South % el' the SE N of NW %. (The Remainder of this Page is Intentionally Left E~ank). i I 19 PG: 1294 1.6B 19 FORCE MAINS LOCATION E,WrtTRIT "C" - SCtrEDULE OF PURCItASED ASSETS & VALU'ES RBS PURCHASED ASSETS LIST ~' CONSTRUCTED LENGTH SIZE VALUE AGE DEPRECIATED VALUE Manatee Rd. (S.R. 951 to U.S. 41) U.S. 41 (Manatee Rd. to Creative Ln.) U.S. 41 (Creative Ln. to Westwind M.H.P.) 7,700' 8" $96,250 25 1,soo' i 4,500' 6" $22,500 25 $45,000 22 S36.100 $8.400 S20.300 U.S. 41 (Westwind fyi. H.P. To Boyne South/Royal Palm) Creative Ln. (U.S. 41 to RBU Plant Site) S.R. 951 (Manatee Rd. to Holiday Manor M.H.P.) 14,300' 8" 4,000' '~fl' 2,800' 6" $178,750 17 $50,000 25 $28.000 22 S102,800 S18,800 S12.600 S.R. 951 (Gulf Winds M.H.P. to Manatee Rd.) Drainage Swale (Greystone M.H.P. to S.R. 951) 700' 8" 3,500' :!i 6" $8,750 25 $35.000 22 $3,300 S15,800 Quail Roost (Quail Roost M.H.P. to Manatee Rd.) Pon-Au-Prince Dr. (Pump Station to S.R. 951) 3,200' 4" 2,300' 4" $27,200 17 $19,550 3 FORCE MAIN SUBTOTAL S15,600 $18.100 S251,800 PUMP STATIONS LOCATION Port-Au-Pdnce 1) Port-Au-Prince Dr. Rookery Bay Master P.S. (NEW) III. GRAVITY SEWER SIZE/DESIGN CONFIGURATION Duplex st.~tion. 2 H.P. Gorman- Rupp pumps, 30" Dia. Wet Well (See attached Letter Report by HM&A dated 6/10/98) See Acceptance Documents PUMP STATION SUBTOTAL OR:~ 2509 PG: 1295 16B ESTIMATED VALUE $5,000 $116,500 S121,500 19¸ LOCATION Port-Au-Pdnce Subdivision SIZE/DESIGN ESTIMATED TOTAL CONFIGURATION ,.. VALUE VALUE 8 Manholes ';'~::'~,~,,.. $200/EA. 6" Vitrified Clay $20/L.F. Pipe (2,000'?) GRAVITY SEWER SUBTOTAL ESTIMATED TOTAL ASSET VALUE (includes New Rookery Bay Master Station) 1,600 40.000 $ 41,600 $414,900 o o OR: 2509 PG: 1296 EXHIBIT D- SCHEDULE OF EXCLUDED ASSETS .15o VWVTP: all personal property assets including: 1 blower and associated motor, all parts, small tools, equipment related to plant operstion. f 00 WWTP: all personal property assets including: 2 blowers and associate~l motors · 1 well water pump and motgr · 1 water pressure tank · 1 Polysontc flowmeter, associated chart recorder, manuals, supplies, parts, records, etc. · 1 surge pump and motor · 1 chlorinator system, parts, manuals, etc. · Air pac system · Miscellaneous hand tools, supplies, parts related to plant operation Monitoring wells built to DEP standards and in operation, quarterly reports, and records, drawings, etc. related to groundwatet monitoring wells. Port au Pdnce .006 Ww'rP · 1 blower and motor · I lift station, pump, motor and related equipment · Fence · Krohm flowmeter, force main, related equipment ir',~taled to County specJfications. Accounls Receivable 19 EXCLUDED SE'WER TREATMENT PLANT SITE- LEGAL DESCRIPTION' A parcel of land located in a portion of Section 14, Township 51 South, Range 26 East, Collier County, Flodda, being more padlculady described as follows: The SE 1/4 of the NE 1/4, of the NE 1/4, Section 14, Township ,51 South, Range 26 East, Collier County, Florida; LESS AND SUBJECT TO: .~ Any easements needed in support of the Additional Facilities. (The Remainder of this PaGe is Intentionally Left Blank). EXHIBIT "E" - SCIEED~E OF QUANTITIES & VALUE OF THE ADDITIONAL FACILITIES CONSTRUCTED ON A REIMBURSEMENT BASIS 2.9. 1999 Mr, Ed Ilsc~ Public lltorks ~rlm~-~l~alor ~ Collier County. Public Works Engineering Depa.,tment Building H,'~3 Floor 3301 Tamiami Trail East Naples, Florida 34112 SUBJECT: Rookery Bay Closing HMA Filc No. 97.37 B Dear Mr. Ilsclmcr: This letter provides a final update to the costs related to the 'Additional Facilities". Specifically, tlm construction costs from Gllymsnn CoIlsllllCtiOI1 have been rcduced. The frr~l costs are ~ follows: 1) Engineering Scrvices S 23,711.25 2) Permit Fees - Collier County Development Review $ 1,769.80 S 500.00 3) Construction Cos~ - Guymann Construction - FP&L TOTAL S113,928.63 $140,671.68 If you have further questions, please call. Very truly your% HOLE, MONTES AND ASSOCIATES, INC. Thomas M. Taylor, P.E. PresidenrdC.E.O. 141.21~-,t4'1 ! FAX ~41.2G2,.3074 EXIIIBIT F-FINAL TKANSACTION SETTLEMENT STATEMENT Closing dat~ February I, 1999 .... '~ ~' ~i;' $I,200,000.00 Parcha~e Pric~ (See S ed e" Total Sales Pric~ $1,~40,671 ~ (see ScMdule "B" attached) 1) P,.iv~'wood - R~'sidential (21,683.20) Riverwood - Commercial ,,:&~ (132.72) :~) Six L'sFarms "!~'~' 2,002.$2 Gross Amount due to Seller (Payable to Kookery Bay Services, Inc.) $I,319,154. I4 PG: 1298 16B Seller and Buyer hereby agree with the foregoing and confrm that the above figures are current and authorize disbursements in accordance with the forego;ng. Seller: KOOKEKY BAY SERVICES, INC. :"i':i~i:~ a HO .... ...~,_ By: dda~ Dated: February 1, 1999 Buyer;. Board of Counly Commissioners/Collier Ed I~ch~er, Public Works Dated: February 1, 1999 OR: 2509 PG: 1299 16B 19 Increase <decrease> to Coutract Price Riverwood & Boyne South: (Annual billing, Sept-Aug) ~ analysis is cxclu~ve of Ann Marie Croucher (#116) who ~s treated as a monthly customer. Number of P~id~ndal customers: Monthly l~t¢ (211.20/12) No. ofmonfl~ remaining 176 17.60 $(21,683.20) Monthly ltm. e (227.52/12) No. of months remaining Number of Commerciai customers: 1 $ 18.96 Six L's Farms: (Annual b~Iing, Jan-Dca, billed in arrears) $ (132.72) Annual Bill (524,035/12 months) $ 2,002.92 Port Au Prince: (Bulk Rate Customer): Based on the past 3 month% The ay=age da~ flow w~ C"' 'O00s) Number of days (12/28/98-I/31/99) Volume Charge: Total volumetric charge: 21 gals/day ;54 t3611,ooo s~ 1,399.44 Service availa[~lity charge for 4" mct~ $ ~o5.o.o. $ 1,704.44 (1.704.44) Total P,.~Iuction to the Purchase Price of KBS $ (21.517..44) OR: EXHIBIT G - LETTERS OF OPINION OF COUNSEL COLLIER COUNTY,s, . FAX: (941) 774-0225 Email: altorney~naples.ne! 2509 PG: 1300 Mark J. Woodward Rookery Bay Services, Inc. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34103 February 1, 1999 16B DAVID C. WEIGEL COLLIER COUNTY ATTORNEY Heidi F. Ashton Ramlro McfiaHc,h Thomas C. Palmer Michael W, Peffit ~Aarjorie ,'vt. Student Mellssa A. Vcs~uez Rodne¥ C. Wade Robert N. Zochar'f RE: Opinion of Counsel Letter - Paragraph i l(a) of Agreement of Purchase and Sale of Wastewater Assets - executed on August 4, 1998 DearMark: It is my opinion that Collier CoUnty, a political subdivision of the State of FIorida, has full authority to execute and close the purchase and sale of the wastewater assets pursuant to the Agreement executed by the parties thereto on August 4, 1998. Execution of the Agreement and all collateral documents by Collier County was duly authorized by the Board of County Commissioners for Collier County and ex-officio the Governing Board for the Collier County Water-Sewer District by adoption of Resolution No. 98-297 on August 4, 1998. Eff'ective upon closing of the sale and purchase, that Agreement and all collateral documents will be binding on the County and the District to the extent that they purport to bind the County and/or the District. The execution, delivery and performance of the Agreement and the collateral documents does not constitute a breach or violation by the County or the District of any other agreement to which the County and/or the District is a signatory party. Sincerely yours, Thomas C. Palmer Assistant County Attorney cc: David C. Weigel, County Attorney Ed Ilschner, Public Works Administrator .'[',~ 19 VIA FAX 774-0225 Thoraa~ C. Palmer, Esq. Assistant County. Attorney 3301 Tamiami Trail Ea.qt Naples, FL 34112-4802 ATTORNEYS-AT-LAW ~.~ February I, 1999 OR: Opinion of Counsel Letter - Paragraph I l(a) of'Agreement of Purchase and Sale of' Waste',~'ater Assets - executed on August 4, 19911 2509 PG: 1301 CR.~C IL WOODW. q~' MntUCJ. Wooow~Jo O~ ~unW and ~ ~o adm~ Indiana and Pcnn~nia Dear Torrc It is my opinion that Rookery. Bay Services, Inc., a Flor/da corporation, has full authority to execute and close the purchase and sale of' the waste~ater assets pursuant to thc Agreement executed by thc parties hereto on August 4, 1998. Execution of' the Agreement and ali collateral documents by Rookery Bay Services, Inc. was duly authorized by its Board of'Directors on August 4, 1998. Effective upon closing of the sale and purchase, that Agreement and all collateral documents will be binding on Rookery Bay Services, Inc. to the extent that they purport to bind Rookery Bay Serrates, Inc. It iq my opinion that Rookery Bay Sen'ices, Inc. has never violated any agreement entered into by Rookery Bay Services, Inc. or any agreements which may have been assumed by Rookery Bay Services, Inc. Thc execution, ry and performance of thc Agreement and thc collateral documents does not constitute a breach or violation by Rookery Bay Services, Inc. of any other agreement to which Rookery. Bay Services, Inc. iq a signa:o~T party.. M~V:cf cc: Ed Ilsctmer, Public Works Administrator Sincerely yours, ~vard, Esq. Pellon Bay 801 Laurel Oak Island 60~ Bald Eagle Please Respond to: Naples Naples, FL 34108 (941) 566-3131 Fax (941) 566-3161 Suite 500, P.O. Box' Island, FL 34146 (941) 394-5161 Tax (941) 642-6402 01/01/99 Agreement No. 2 MASTER 203,99 AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. MASTER AGREEMENT Tl:Hg MASTER AGREEMENT is entered ~veen thc Area Agency on Aging for Southwest Florida, Inc., hereinatter referred to as thc "agency", and to Qollicr County_ Board ofCoun _ty Commissioners bv and through its Collier CounW Services for Seniors Pro?am_ hereinafter referred to as the "provider". All contracts executed between the provider and the agency shall be subject to the conditions set forth in this agreement for the duration of the contract period(s). Any and all contr~ts executed between the provider and the agency during the effective period of this agreement will incorporate this agreement by reference and shall be governed in accordance with the laws, statutes, and other conditions set forth in this agreement. The parties agree: ".~ L Provider Agrees: To provide services according to the conditions specified in any contract(s) with the agency during the period this agreement is in effect. This agreement covers all services Pr°~ded by Collier Coun~ Services for Seniors which includes, but is not limited to, the following programs: · Older Amcricans Act (CIA) · Community Care for the Elderly (CCE) · Emergency Home Energy Assistance For the Elderly Program (EHEAEP) · Home Care for the Elderly (lICE) · Alzhcimer's Disease Initiative (ADI) · United States Department of Agriculture Meals (USDA) Federal Laws and Regulations: 1. The provider shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR, Part 92, and other applicable regulations. 2. The provider shall comply with all applicable standards, orders, or regulations issued under Section 306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental Protection Agency regulation (40 CFR Part 15). Thc provider shall report any violations of thc above to the agency. 3. The provider, must, prior to execUti~n of this agreement, complete thc Certification Regarding - Lobbying f°iln, ATTACHMENT I. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be °btained from thc agency. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the agency. 01/01/99 4. 16C 2 Agreement No. MASTEK 203.99 The provider must, prior to execution of this agreement, complete the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts, ATTACHMENT II. The provider shall comply with the provisions of the U.S. Depmhnent of Labor, Occupational Safety and Health Administration (OSHA) code, 29 CFR, Part 1910.1030. C. Civil Rights Certification: The provider gives this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal fumncial assistance to programs or activities receiving or benefitting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DEPARTMENT OF ELDER AFFAIRS forms I01 A and B, if services are provided to clients and if fifteen (15) or more persons are employed. The Provider assures it will comply with: Title VI of the Civil Rights Act of 1964, as mended, 42 U.S.C. 2000d et seq., which prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving or benefitting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as mended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefitting from federal financial assistance. :~ 3. Title IX of the Education Amendments of 1972, as mended, 20 U.S.C. 1681 et seq., which~lr prohibits discrimination on the basis of sex in education programs and activities receiving or benefitting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis ofage in programs or activities receiving or benefitting from federal financial assistance. 5. Section 654 of the Omm%ns Bc~get Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, hand/cap, political affiliation or beliefs in programs and activities receiving or benefitting from federal financial assistance. The Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et. seq., which prohibits discrimination against, and provides equal opportunities for individuals with disabilities, in employment, public services, and public tccommodations. 01/01/99 Agreement No. MASTER203,99 De 7. All regulations, guidelines, and standards as are now or may be lawfully adopted pursuant to the above statutes 8. The provider shall establish procedures to handle complaints of discrimination involving services or benefits through this contract. The provider shall advise clients, employees, and participants of the right to file a complaint, the right to appeaI a denial or exclusion from the services or benefits fi.om this c, ontract, and their right to a fair hearing. Complaints of discrimination involving services or benefits through this contract may also be filed with the Secretary of the Department of Elder Affairs, this agency, or the appropriate federal or state 9. The provider further assures all COntractors, subcontractors, subgrantees, or others with whom it arranges to provide servmes' wm comply with the above laws and regulations. Requirements of Section 287.058, Florida Statutes: For all contracts covered by this agreement, the provider agrees: 1. To submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit. 2. To submit bills for any travel expenses, in accordance with Section 112.061, Florida Statutes. 3. To provide units of deliverables, including reports, findings, and drafts as specified in the contracts, the contract attachments, and the service provider application, to be received and accepted by the contract manager prior to payment. 4. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the provider in conjunction with any and all contracts referencing this agreement. E. Withholding~ and Other Benefits: The Provider is respons~le for Social Security and Income Tax withholdings. Indemnification: If the provider is a state or local governmental entity, pursuant to subsection 768.28(18) Florida Statutes, the provisions of this section do not apply. 1. Provider agree~ it will indemnify, defend, and hold harmless the state and/or agency and all of the the ~tate and/or agency's officers, agents, and employees from any claim, loss, damage, co~, charge; or expeme arising out of any acts, actions, neglect or omission by the provider, its agents, employees, or ~beontract~m during the performance of~ll contracts incorporating 01/01/99 2 Agreement No. MASTER 20339 this agreement by reference, whether direct or indirect, and whether to any person or property. to which the state and/or agency or said parties may be subject, except neither provider nor any of its subcontractors will be liable under this section for damages arising out of injury, or damage to persons or property directly caused or resulting fi.om the sole negligence of the state and/or agency or any of its officers, agents, or employees. Provider's obligation to indemnify, defend, and pay for the defense or, at the state and/or age~ ney's option, to participate and associate with the state and/or agency, in the defense and thai of any claim and any related settlement negotiations, shall be triggered by the state and/or agency's notice of claim for indemnification to provider. Provider's inability to evaluate liability, or its evaluation of liability shall not excuse providers duty to defend and indemnify the state and/or agency, upon notice by the state and/or agency. Notice shall be g/yen by registered or certified mail, return receipt requested. Only an adjudication orjudgnnent after the highest appeal is exhausted specifically finding the state and/or agency solely negligent shall excuse performance of this provision by providers. Provider shall pay all costs and fees related to this obi/gat/on and its enforcement by the state and/or agency. The state and/or agency's failure to notify provider of a claim shall not release provider of the above duty.' to defend. Insurance and Bonding: 1. To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all t/mes during the effective period of any and all contracts incorporating this a~eement by reference. The provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary, to provide reasonable financial protections for the provider and the clients to be served under contracts incorporating this agreement by reference. Upon execofion ofeach contract covered under this agreement, the provider shall furnish the state and/or agency written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The state and/or agency reserves the right to require additional insurance where appropriate. To furnish an insurance bond from a respons~le commercial insurance company coveting al}! officers, directors, employees and agents of the provider authorized to handle funds receive~' or disbursed under all contracts incorporating this agreement by reference in an amount commensurate with the funds bandied, the degree of risk as determined by the insurance company and consistent with good business practices. If the provider is a state agency or subdivision as defined by section 768.28, Flotida Statutes, the provider shall furnish the state and/or agency, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. Nothing herein shall be construed to extend any party's liabiIity beyond that provided in section 768.28, Florida Statutes. (See also Inderrmificafion clause.) 01101/99 Agreement No. IVIASTER203,99 I-L Abuse Neglect and ExploitnHon Reporting: In complimce with ~415, KS.~nn employee of the provider who knows, or ~ reasonable cause to suspect, thnl a child, aged Person or dis~led adult is or has been abused, neglected, or exploited, shall immediately report g~,ch knowledge or suspicion to t~e State of Florida's central abuse rel~stry nnd tmcidng system on the s~--wide toll-~'ee telephone number (I-800-96ABUSE). I. Transportation Disadvantaged: lfclients a~ to be transported under any contracts incorporating this agreement, the provider will comply with the provisions of Chapter 42?, Florida Statutes, ~ Rule Cl~pter 41-2, Florida Administrative Code. .,~ Purchasing: Procurement of Products or Mater/als with Recycled Content Any products or materials which are th: subject o~, or are required to carry out any contracts under this agreement shall be procured in accordance with the provisions o£ Section 403.7065 and 287.045, Florida Statu~es. Sponsorship: As required in Section 286.25, Florida Statutes, if the provider is a non-governmental organization which sponsors a program f'manced wholly or in part by state funds, including any funds obtained through contracts executed in accordance with this agreement, it shall in publicizing, advertising or describing the sponsorship ofthe program, state: "Sponsored by the Collier County Services for Seniors , .... ~ROV1DER the Area Agency on Aging for Southwest Florida, Inc., and the State of Flor/da, Department of Elder Affairs". If the sponsorship reference is in written material the words "Area Agency on Aging for Southwest Horida, Inc. and State of Florida, Department of Eider Affairs" shall appear in the same size letters and type as the name of the organization. Use of Funds For Lobbying Prohibited: To comply with the provisions of Section 216.347, Florida Statutes, which prohibit the expenditures of contract funds for thc purpose of lobbying the Legislature, a judicial branch or a 01/01/99 Agreement No. WASTER 203.99 M. Employment ~. If thc provider is a non-governmental organization, it is expressly tmdcrstood and agreed the provider will not knowingly employ unauthorized alien workers. Such employment constitutes a violation of thc employment provisions as determined pursuant to section 274A(e) of the Immigration Nationality Act(INA), $ U.S.C.s.1324 a (eX"section 274A(c)"). Violation of the employment provisions as determined pursuant to section 274A(e) shall bc grounds for unilateral cancellation of any and ali contracts incorporating this agreement by reference. Audits and Records: 1. To mainlain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting proCedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the agency under ali contracts under this agreement. 2. To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the agency, as well as by federal personnel, if applicable. 3. To maintain and file with the agency such progress, fiscal and inventory and other reports as the agency may require within the period ofthis agreement. Such reporting requirements must be reasonable given the scope and purlx)se of the contracts incorporating this agreement by reference. 4. To submit management, program, and client identifiable data, as specified in the Department of Eider Affairs Client Services Manual. To assure program specific data is recorded and ~abmitted in accor~ce with Department of Elder Affairs Client Information Registration and Tracking System (CIRTS) Policy Guideline. 5. To provide a financial and compliance audit to the agency as specified in ATTACHMENT HI and to ensure all related party transactions are disclosed to thc auditor. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments. Retention of Records: 1. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to each contract covered under this agreement for a period of five (5) years after termination of the contract(s), or if an audit 01/01/99 Agreement No. MASTER 203.99 has bo:n initiated and audit findings have not been resolved at the end of' five (5) years, the records shall bc retained until resolution of the audit findings. 2. Persons duly authorized by the agency and federal auditors, pursuant to 45 CFR, Part 92.42(¢), (1), and (2), shall have full access to and the right to examine or duplicate any of said records and documents during said retention period or as long as records are retained, whichever is later. ~ Monitoring and Incident Reporting: 1. To provide progress reports, including data reporting requirements as specified by the agency. Thesc reports will bc used for monitoring progress or performance of the contractual services as specified in the service provider application. 2. Providers will perform the required monitoring of subcontractors in accordance with the agency's policy. 3. To permit persons duly authorized by the agency to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to contracts incorporating this agreement by reference, and/or interview any clients and employees of the provider to be assured of satisfactory performane~ of the terms and conditions of the contract(s). Following such inspection the agency will deliver to the provider a list of its concerns with regard to the manner in which said goods or services am being provided. The provider will rectify all noted deficiencies provided by the agen~ within the time set forth by the agency, or provide the agency with a reasonable and acceptable justification for the provider's failun: to correct the noted shortcomings. The agency shall determine whether such failure is reasonable and acccptablc. Thc providcr's failurc to correct or justify within a reasonablc timc as specified by thc agency may result in thc withholding of payments, being deemed in breach or default, or termination of any or all contracts covered undcr this agreement. 4. Thc provider will notify the agency within 48 hours ofconditions that could impair continued service delivery. ReportabIc conditions may include: · proposed client terminations · provider financial concerns/difficulties · service documentation problems · contract non-compliance · service quality and consumer complaint trends. Provider will provide thc ~cy with a brief summary of the problem(s) and proposed corrective action plans and time fram~ for implementation. -- Q. Safeguarding Information: 01/01/99 160 2 Agreement No. MASTER 203.99 Except as provided for agency auditing and monitoring purposes, not to use or disclose any information concerning a recipient of services under contracts incorporating this agreement by reference or subsequent contracts for any purpose not in conformity with state and federal regulations (45 CFR, Part 205.50), except upon written consent of the recipient, or the recipient's authorized representative. R. Assignments and Subcontracts: Agency approval of the service provider application shall constitute agency approval of the provider subcon~ ifthe subcon~ follow the service and funding information identified in the service provider application. The provider must submit all contracts for services under the service provider application to the agency for prior approval when the proposed subcontractor is a profit making organiTation. No such approval by the agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the ineurrence of any obligation of the agency in addition to the total dollar mount agreed upon in contracts covered by this agreement. All assignments or subcontracts shall be subject to the conditions of this agreement and the contracts incorporating it by reference and to any conditions of approval the agency shall deem necessary. Unless otherwise stated in the contract(s) covered by this agreement between the provider and subcontractor, payments made by the provider to the subcontractor must be within seven (7) working days after receipt by the provider of full or part~al payments from the agency in accordance with section 287.0585, Florida Statutes. Failure to pay with/n seven (7) working days will result in a penalty charged against the provider and paid to the subcontractor in the amount of one-half of one (1) percent of'the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. S. Return of Funds: 1. To return to the agency any overpayments due to unearned funds or funds disallowed pursuant to the terms ofali contracts for ~ch funds were disbursed to the provider by the agency. a. The provider shall return any, overpayment to the agency within thirty (30) calendar days after either discovery by the i~rovider, or notification by the agency, of the overpayment. b. In the event the provider or its independent auditor discovers an overpayment has been made, the provider shall repay said overpayment within thirty (30) calendar days without prior notification from the agency. In the event the agency first discovers an overpayment has been made, the agency ~! noti~ the provider by letter of such a finding. 2. Should repaYment not be made i~:timely manner, the agency will charge interest of one (1) percent per month compounded '6~'the outstanding balance thirty (30) calendar days after the 01/01/99 IL The Agency Agrees: A. Contract Amount: ~greement No. MASTER 203.99_ The contract mount for programs identified in Section I.A. will be outlined in a separate standard contract by program. The standard contract will outline'specific amounts by funding source, invoicing procedures, etc. '.i'!~" I Contract Payment: The providers invoice will be sent to the Department of Elder Affairs in conjunction with other invoices received by the agency from other agreements subject to review and approval by the agency. Such approval is for the purpose of authorizing payments and does not constitme final approval of services purchased under this rate agreement. Invoices returned to a vendor due to preparation errors will result in a payment delay. Pursuant to Section 215.422, Florida Statutes, the agency shall take no longer than five working days to inspect and approve goods and services, unless bid specifications or the contract for which payment is requested specifies othemvise. The agency will submit the ~ for payment to the Delmrtment of Elder Affairs after inspection and approval of goods and services. Once the Department of EIder Affairs has made payment to the agency, the agency will reimburse the prodder within seven working days after receipt by the agency of full or part/al payments from the Depaxtment of Elder Affairs in accordance with section 287.0585, Florida Statutes. Failure to pay within seven (7) working days will result in a penalty ch,xrged against the agency and paid to the provider in the amount of one-half of one percent of the amount due, per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due. Vendor Ombudsman: ' A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) fi'om a state agency. The Vendor Ombudsman may be contacted at (850) 488-2924 or by calling the State Comptrollers Hotline, 1-800-848-3792. Provider and Agency Mutually Agree: ~ A. Effective Date This agreement shall begin on .J. tlglllil2t_I~q~ or on the date on which the agreement has been signed by both parties, whichever is later, and shall end on December 31:1999. All corn executed between tho Agency and the Provider during the effective period of this agreement shall reference this ~4~reement by number, incorporating it therein, and shall be governed by the conditions ofthis agreement for the duration of the contract period(s). 01/01/99 B. Termination: 1. Termination at Will Agreement No. MASTER 203.99 o This agreement may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, retxtm receipt requested, or in person with proof of delivery. Termination Because of Lack of Funds In the event funds to finance any contract(s) under this agreement become unavailable, thc agency may terminate the affected contract or contracts upon no less than twenty-four (24) hours notice in writing to the provider. Said notice shall be delivered by certified mail, return receipt requestect, or in person with proof of delivery. The agency shall be the final authority as to the availability of funds. :~,~ 3. Termination for Breach Unless the providers breach is waived by the agency in writing, or the provider fails to cure the breach within the time specified by the agency, the agency may, by written notice to the provider, terminate the contract(s) inoorpomting this agreement by reference upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proofofdelivery. Ifapplicable, the agency may employ the default provisions in Chapter 60A-1.006(3), Florida Administrative Code. Waiver of breach of any provisions of any one contract covered by this agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of other contracts covered under this agreement. The provisions herein do not limit the agency's fight to remedies at law or to damages. C. Suspension: Reasonable Cause The agency may, for reazonabl'~ cause, temporarily suspend the use of funds by a provider pending corrective action, or pending a decision of terminating a contract executed in accord with this agreem~l. Reasonable cause is such cause as would compel a reasonable person to suspend thc use of funds pu~uant to any contract(s) executed in acoord with this agreement; it includes, but is not limited to, the providet's failure to permit inspection of records, provide reports, rectify deficiencies noted by the agency within the time specified by the agency, use fimds as agreed in the contract(s), or such other cause as might constitute breach of any of the terms of ~y and all contmets.~,m~c~ ~ng this agreement by reference. 16C 2' 01/01/99 2. De Ee Agreement No. MASTER 203.99 The agency may proM'bit the provider from receiving further payments and may prohibit the provider from incurring additional obligation$ of funds. The suspension may apply to any part, or to all of the provider's obligation. To suspend operations of the provider, the agency will notify the provider in writing by certified mail of: the action taken; the reason(s) for such action; and the conditions of the suspension. The notification will also indicate: corrective actions necessary to remove the suspension; the providers fight to an administrative heating; and, the appropriate time period to request an administrative hearing before the effective date ofthe suspension (unless provider actions warrant an immediate suspension). Notice and Contact: 1. The name, address and telephone number ofthe agency for this agreement is: Terry White, Executive Director Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myer% Florida 33901 (941) 332-4233 Suncom 748-6947 (94 I) 332-3596 (FAX) The name, address and telephone number of the provider of the program under this agreement is: Nanci E. Lochner Collier County Services for Seniors : Collier County Government Center, Bldg H Naples, Florida 34112 3. The name of the contact person, street address and telephone number where financial and administrative records are maintained: Nanci E. Lochner Collier Coun _ty Services for Seniors _Collier Court .ty Government Center. Bldg H Naples, Florida 34112 Renegotiation or Mod~fieatio . ~" 1. Modifications ofproviaions offs agreement and of any and all contract(s) incorporating this agreement by reference shall only be valid when they have been reduced to writing and duly signed. The parties agree to renegotiate this agreement and any affected contracts if revisions of any applicable laws, or regulations make changes in this agreement necessary. 01/01/99 Agreement No. MASTER 203.99 The rate of payment and the total dollar amount may be adjusted retroactively for any contract(s) incorporating this Master Agreement by reference to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the agency's operating budget. F. Special Provisions: 1. Property Nonexpendable property is defined as tangible property of a nonconsumable nature with an acquisition cost of $500 or more per unit, and expected useful life of at least one year; and hardback bound books not circulated to students or the general public, with a value or cost of $100 or more. Hardback books with a value or cost of $25 or more should be classified as an 0(20 expenditure only if they are circulated to students or thc general public. All property, purchased under contracts covered by this agreement or purchased by the agency and received by the provider shall be listed on the property records of the provider. Said listing shall include a description of the property, model number, manufacturer's serial number, funding source, information needed to calculate the federal and/state share, date of acquisition, unit cost, property inventory number and information on the location, use and condition, transfer, replacement or disposition of the property. c. All purchased property shall be inventoried annually. An inventory report will be submitted to the agency upon request by the agency. Title (ownership) to all property acquired with funds from any contracts covered by th/s agreement or otherwise purchased by the agency shall be vested in the agency ~ completion or term/nation of the contracffs). e. At no time shall the provider dispose of nonexpendable property except with the permission of, and in accordance with instructions from the agency. A service provider application amendment is required to be submitted and approved by the agency's prior to the purchase ofany item ofnonexpendable property not specifically listed in the approved budget Information Technology Resources The provider must adhere to the al~ncys procedures and standards when purchasing Information Technology Resources (ITR) as part of any contract(s) incorporating this agreement by reference. An ITR worksheet is required for any computer related item costing $500.00 or more, including data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The provider agrees to secure prior written 01/01/99 Agreement No. 16C b4ASTER 203J99 approval through the contract manager from the agency's Information Systems director for the purchase ofany 1TR. The provider will notbe reimbursed for any purchases made prior to this written approval on the ITR worksheet. The provider has the responsibility to require their subcontractors cqmply with the department's ITR procedures. 2. Copyright Clause Where activities supported by any contract(s) incorporating this agreement by reference produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the agency has the right to use, duplicate and disclose such materials in whole or part, in any manner, for any purpose whatsoever and to have others acting on behalf of the agency do so. II'the rnat~als so developed are subject to copyright, trademark or patent, then legal title and every fight, interest, claim or demand of any kind in and to any patent, trademark, copyright, or application for the same, will vest in the State of Florida, Departrnent of State, for the exclusive use and benefit ofthe state. Pursuant to Section 286.021, Horida Statutes, no person, firm or corporation, including parties to this contract, shall be entitled to use the copyright, patent or trademark without the prior written consent of the Department of State. Grievance and Appeal Procedures a. In accordance with ATTACHMENT IV, Minimum Guidelines for Recipient Grievance Procedures, the provider will assure through contractual provisions that service provider agencies have procedures for handling complaints from persons who complain service has been denied, terminated or reduced. The providers will establish complaint procedures for older individuals who are dissatisfied with or denied serviee~. These procedures must include notice of the right to complain and to have their complaint reviewed. 4. Investigation of Allegations Any report that implies criminal intent on the part of this provider or any service provider agency and referred to thc state attorney must be sent to the agency. The provider must investigate allegations regarding falsification of client information, service records, payment requests, and other related information. Disaster In preparation for thc threat of an emergency event as defined in the State of Florida Comprehensive Emergency Management Plan, the DePartment of Elder Affairs may exercise authority over an area agency or ~rvic~ provider to implement preparedness activities to improve the safety of the elderly in the threatened area and to secure area agency and service 01/01/99 provider facilities to minimize the potential impact of the event. These actions will be within the existing roles and responsibilities of the area agency and its service providers. In the event the President of the United States or Governor of thc State of Florida declares a disaster or state ofemergency, the Department of Elder Affair~ may exercise authority over an area agency or service provider t° implement emergency relief measures and/or activities. 2 In either of these cases, only the Secretary, Deputy Secretary or his/her designee of the Department of Elder Affairs shall have such authority to order the implementation of such measures. All actions directed by the agency under this section shall be for the purpose of' ensuring the health, safety and welfare of the elderly in the potential or actual disaster area. Volunteers The area agency on aging will' promote the use of volunteers as prescribed in Section 306(aX12), Older Americans Act and Section 430.07, Florida Statutes. In addition, the area agency on aging will increase the use of volunteers in the planning and service area by providing training, technical assistance and funding, where possible, to the provider. 7. Business Hours Providers must at a minimum maintain business hours from 8:00 AM to 5:00 PM daily, Monday through Friday. Client Information and Registration Tracking System (CIRTS) and Management Information Systems. For all program contracts incorporating this agreement by reference for which collection of client data in CIRTS is required: aG The area agency on aging shall employ a Local Area Network (LAN) Administrator who sba//assure Area A~"ncy on Ag/rig ~p/i~ w/th th~ requ/~t~ of the delh~e I~ rol~ trod reslXnmtn'IR~ ofaSe I.oml Area Netwo~ Admin/stmtor. Tin Are. Agency on Aging shall assure any other support necessary for full "LAN Administrator Guidelines" compliance. b. Area agencies will ensure the collection and maintenance ofclient and service information on a monthly basis from the Client Information and Registration Tracking System (CIRTS). Maintenance includes valid expo~ and backups of all data and sys. tem. s according to agency standards c. Serdee provider agencies must enter all required data per the Department of Elder Affairs' CIRTS Policy Guidelines foiVclients and services in the CIRTS database. The data must 2 01/01/99 do Agreement No. MASTER 203.99 be entered into the ClRTS before the service provider agencies submit their request for payment and expenditure reports to thc area agency. The area agency shall establish time frames to assure compliance With due dates for the requests for payment and expenditure reports to the agency. ,~ Service provider agencies will nm monthly CIRTS reports and verify client and service data in the CIRTS is accurate. This report must be submitted to the area agency with the monthly request for payment and expenditure report and must be reviewed by the area agency before the service provider's request for payment and expenditure reports can be approved by the area agency~. '~ Failure to ensure the collection and maintenance of the CIRTS data may result in the agency enacting the "Suspension" clause of this agreement (see Section III, C.). Computer System Backup and Recovery As defined in Chapter 44-4.070, Florida Administrative Code, each provider, among other requirements, must anticipate and prepare for the loss of information processing capabilities. The routine backing up ofdata and so,are is required to recover from losses or outages of the computer sy~m. Data and software essential to the continued operation ofprovider functiona must be backed up. The security controls over the backup resources shall be as stringent as the protection required of the primary resources. 9. Client Outcomes a. The Department of Elder Affairs will develop client outcome measures consistent with those developed by the agency, including the following:. · Eldem will live in the' !~ restrietive and most appropriate setting · Services will be provided to thoSe elders most in need · Frail elder functional status is maintained or improved · Long-term care resources are efficiently and effectively used · Client environment is maintained or improved · Social interaction is improved · Nutritional risk is reduced · Care giver emotional and physical health are maintained or improved · Elders, families and/or care givers are better informed so elders are better able t~ exerciSe autonomy and make informed choices b. In preparation for performance-based program budgeting, the agency will set targets for the performance of outcome measures. These targets will be amended into contracts. The provider will be responsible for achieving these targets. 10. Management Objectives ' ,, ' ,~::~:: ~i~ i~,?;.~!,?~: , A~reement No. MASTE~ 203.99 E~ ~e B~ ~mpl~ ~'~ ~o~ ~al~o~ of~: ~o~defs cx~ive ~e~r %:' E~e eff~6ve comm~icafon ~n ~ff~d ~d Em~ ~~ pl~ng ~d pre~fion occ~ ~ ~e development of ~e se~ice provider applicafion ~d ~ice pm~der applicafon ~en~en~ ~n agency established time fi"amcs. 01/01/99 ~" , ........ ~ ~, Agreement No. 16C MASTER 203.99 IN WITNESS THEREOF, the parties hereto have caused this 28 page contract to be executed by their undersigned officials as duly authorized. PROVIDER: Collier County Board of Cotu}.~iCommissioncrs AREA AGENCY ON AG~G FOR SOUTHWEST FLORIDA, INC. NAU~_P,Wne.I..s..$., p~ae'l~ie i~ NAIVE': MARY ALICE FERR£LL TITLE: Chairwoman - Board of County TITLE: BOARD PRESIDENT Commissioners DATE: \ -~kO-Cl°~ DATE: FEDERAL ID NUMBER: 596000538 PROVIDER FISCAL YEAR ENDING DATE: 09/30/99 APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Ramiro Manalich Chief Assistant County Attorney DATED: ATTEST: '~-. BROCK,' Clerk 01/01/99 Agreement No. 16C MASTER 203.90 ATTACH3[ENT I ~: CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS. GRANTS. LOANS AND COOPERATIVE AGREEMENT undersigned certifies, to the best of his or her knowledge and belief, that: No federal appropriated funds have been paid or x~411 be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee ofany state or federal agency, a member of congress, an officer or employee of congress, an employee of a member of congress or an officer or employee of the state legislature, in connection with the awarding of any federal grant, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (2) Ifany 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 ofany agency, a member ofcongress, an officer or employee ofcongress, or an employee ora member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,' in accordance with its instructions. (3) The undersigned shall require that the language ofthis certification be included in the award documents for ail subawards at all tiers (including subeontra6~ subgraats, and contracts under grants, loans and cooperative agreemems) and that all a~x'i~ d~all emily axl aisekne aeconat~ly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Codej~Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 find not more than $100,000 for each such failure. Signature Date Pamela S. Ma¢'Kie OAA 203,99 Name of Authorized Individual :~ Application or Contract Number Title: Chairwoman, Board of County Commissioners Collier Coun _ty Services for Seniors Collier Coun _ty Government Center. Bldg H Naoles. Florida 34112 " Name and Address of Organization . ,,, DEPARTMENT OF ELDER AFFAIRS Form 103 AI2J'ESY.,.' . '.' .... ~. '., .. . /OWt~tT~.BSOCK, LERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: ~~ '. · :.' ~.;~e~uty Clerk- Chief Asslstant, County : i!?~at,re' cn l Y: """ 01/01/99 Agreement No. MASTER 203.99 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLleY EXCLUSION ' ~ :~ CO~~SUBCONT~S 1. : ~ pro~d~ who~ ~n~ ~ or ~ $25,000 ~ f~ mo~ m~ si~ ~ deb~t ~~on pff~ ~ ~ ~om ~d~dmt audi~ who audit f~ pro~ reg~dless of ~e doff~ ~o~t ~e r~ to si~ a deb~ent ~ca~on fo~. Nei~ ~e D~mt of Eld~ ~ nor i~ ~n~ pro~d~s ~ ~n~ ~ pro~d~s if~ ~e deb~d or ~d~ by ~e f~ gov~ 2..~ ~ ~fi~ffon ~ a ~t~ ~~on of ~ u~n w~ch ~ff~ ~ pl~d wh~ ~ ~ ~ m~ ~. lfit ~ ~ d~~ ~t ~e si~ ~o~y r~d~ed m e~on~ ~fi~o~ ~e F~ ~ve~t ~ p~e av~lable ~i~, ~clud~g s~ion ~or deb~ent ::'~' pro~d~ i~ ~t i~ ce~fi~fion w~ ~on~m when sub~u~ or h~ ~me ~on~ by r~on ofc~g~ c~~. 4. ~ ~ "de~," "s~d~,,~ '~e~ble,' "~" "p~,- ~d excluded,' ~ m~ N ~ ~~o~ ~v~ ~ m~n~ ~t out N ~e De~o~ ~ Cov~e s~om of~ ~Imm~g ~five ~d= 12549 md 45 C~ (C~e orF~ Relator), P~ 76. You ~ ~na~ ~e ~n~ ~ for ~si~ ~ ob~g a ~py of~o~ re~o~. : 5. ~e pm~d~ ~ a~ecs by sub~g ~s ~fi~on ~ it s~l not ~o~y ~t~ into my su~n~ ~ a ~on who is deb~, s~d~, d~l~ ~eff~le, or vol~y ~clud~ ~om p~pagon ~ ~s con~ ~s au~o~ by ~e F~ 6. ~e ~d~ ~ a~ ~ mb~g ~ ~fi~on ~ it ~ ~ ~ch ~n~r of ~s con~ who~' p~mt ~ ~ or ~ $25,000 ~ f~ mo~, to sub~t a s[~ co~ offs ~fi~on ~ ~ ~ The Department of Elder Affairs and its contract providers may rely upon a certification of a provider that is not debarred, s'uspcndcd, /neligible, or voluntarily exclude from contracting/subcontracting unless it knows that the certification is erroneous. DEPARTMENT OF ELDER AFFAIRS Form Octob~ 1993 2 01/01/99 CERTIFICATION REGARDING DEBARME]~T. SI. ISPENSION. 17~LIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS Agreement No. MASTER 203.99 ATTACHMENT II This certification is required by the regulatiOn imPi~enting Executive Order 12549, Debarment and Suspension, signed February; 18, 1986. Th~ guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360-20369). (2) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from part/cipation in contracting with~the Dqmranent of Elder Afla/rs by any federal department or agency. . ~ Where the prospective provider i: to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. Signature Date Pamela S. Mac'Kie Chairwoman, Board of County Commissionem .~-~., D~puty Clerk · Attest it:t'o' signature Name and Title of Authorized Individual Collier Coun _ty Services for Seniors Name of Organization DEPARTMENT OF ELDER AFFAIRS Form 112A October 1993 APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Manalich 51:. ~: '%. ~!c ~ ~ ',.~;'.~~ Chief Assistant, 01/01/99 Agreement No. INDEPENDENT AUDITOR'S REPORT ON EXAMINATION OF MANAGEMENT'S ASSERTION ABOUT COMPLIANCE WITH SPECIFIED REQUIREMENTS (SAS Codification Section AT 500.55) MASTER 203.99 ~'~",. ~,~: [Date] We have examined management's assertion' about [i{~-~eilbfentity]'s compliance with the allowable cost requirements [or other applicable requirements] established in the grant agreement(s) applicable to the State grants and aids appropriations identified on Schedule of State Financial Assistance for the year ended [indicate the' applicable fiscal Yi/'~] included in the accompanying [rifle'of management report].: Management is responsible for [n~e °feiititY]'s compliance with those requirements. Our responsibility is to express an opinion on managements assertion about the compliance with speczfied requn'ements. ';,~ ........... ,~,< . Our examination was made in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about [name of,entity] s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determinafion~ on [n..amc....0f.cnt/ty] s compliance with specified requirements. In our opzmon, management's assertxon ~77!;";i~!}i!;:: !;%1 is fairly stated, in all material respects2 Sincerely, lfth~ cmity docs not ~ its assertion in a sc-pm report ar.x. omp~g thc practitioner's report, refer to SAS Codification Sections AT 500.56 ~d 37. '?'~'~ ' " ~.,,~, -- Ti~ prnctltioner ~Id i&mify tho m~n~mmt ~.~ion report ex~nln~ by rerermec to the repert tiflc used by n'~agement in iu relx~t Further, be or stm stx~Id usc thc same ~ of f~_ .. ,cya~li .m~. Ralniremc~ as man~ment uses m ~ ~ it should not be _~____t~ry to tclx:at the comphanee ~rcmonts, and rclat~xl mtenn ~.tt st~ttcamc; m mc pracuuoncrs rcpgm. ~rmanccs ot ~r, ompl~ should be rclxa'tcd in thc mann~ prcscnl~ in SAS Codification Sections AT 500.61 through .611. 16C 01/01/99 Agreement No. EXltlBIT - 2 MANAGEMENT ASSERTION REPORT , hereby ~ma ~ (Prov~der't authorized repreaentatlve) MASTER 203,99 complied with allowable cost requirements O'rrmder Agency nan,e) [or other applicable requirements] of the grants and aids appropr/ations identified on the attached Schedule of State Financial Assistance during (Signature) year ended ...... O, tonth, day. (Title) (Date) If this insertion report is used, one copy shall b~~ submitted ~ the provider% fiscal year end to each of the parties designated in the contracts/grants for th6identified grants ~nd ~ids appropriations. NO. EXHIBIT - 3 Sample Organization Schedule of State Financial Assistance For the year ended l 6 C 2 MASTER 203,99 State Agency State Federal CFDA State Receipts Federal Through Total Receipts And Program Contract/ Number r State Receipts Title Grant Number (NOTE A) Department of Health HeM S~ GHS0I . 93.600 ~ $0,000 (1) $0,000 (I) 100,000 Women, Infant AB I01 93.245 I00,000 (I) 150,000 250,000 & Children Department of' Elder Affairs Co,~itmity Care GC$01 N/A ~..:. 200,000 (1) 0 200,000 for the Elderly Elder C~re C, C601 . 93.003 ' ~ 60,000 " 60,000 120,000 Total 410,000 410,000 (2) 820,000 (1) State Grants and Aids appropriations moneys. The grand total of State Ca'ants and Aids Appropriations moneys is $550,000. (2) NOTE A: CAUTION: $390,000 of this amount is included in the expenditures presented in the Schedule of Expenc~tures of Federal Awards. Thc remaining $20,000 was received under contract number GC601 but was not expended. Federal CFDA numbers '~" :~:: apply only to Federal programs. 01/01/99 ~ Agreement No. ATTESTATION STATEMENT 16 C MASTER 203.99 identified above dur/ng thc fiscal year ended (Signature) (Date) One copy ofth/s attestation statement shall be providers fiscal year end to each of the part/es des~nated in the contracts/grants for the.~.identified grant~ and ai~ aplxopriations. Tiffs statement does not need to be notarized. '~!ii~g~7";" 01/01/99 Agreement No. 2 MASTER 20~.99 MINIMUM GUIDELINES FOR RECIPIENT GRIEVANCE PROCEDURES APPLICABLE TO ALL ADVERSE ACTIONS DEEMED TERMINATIONS, SUSPENSIONS, OR REDUCTIONS IN SERVICE Medicaid Waiver clients have the right to request a fair hearing from the Department of Children and Families(DC,IF} O~ce of ,4ppeal Hearings tn addition to or as an alternative to these procedures. NOTICE TO THE RECIPIENT OF THE ADVERSE ACTON TO BE TAKEN AND EXPLANATION OF THE, GRIEVANCE PROCEDURES FOR REVIEWING THAT DECISION · The recipient must be informed in wrking no less than 10 caiend~-* days prior to t~e da!e ~e ~v~ ~on will be taken. (Prior notice is not applicable where the health or safety ot'~e indlv~dual is e~ctzngered [i'a~on is not taken immediately;, howevcr, notice must be made u soon therea_Rer ~s practicable.) · Ser,,4ces earmot be reduced, terminated nor any adverse action taken during the I 0 day period. · The Notice must contain: a r, atemem o£what action ia intended to be taken; the reasons for the intended action; an explanation ot~ I) the individual's right to a grievance review ifrequested in writing and delivered within 10 calendar* dayl of the Notice postmark (a~stance in writing, submitting and delivering the request must be oft'ered and availab!e to the indlvidua0; 2) in Med~caM Waiver actions, the |ndividual's fight to request a fair hearing from DCAF; 3) the individual's right, after a grievance review, for fi~rther appeal; 4) the fight to seek redress through the courts if applicable; a statement that current benefits w~[[ continue ifa grievance renew is reque~ed, ~nd wfI[ eon6nue until a final decision is made regarding the adverse aclJon; and a statement that the indi',4dual may represent herself or use legal counsel, a relative, a filend, or other qt~ified representative in the requested review proceedings. · All records o£the above act~vit%a must be preserved in the client's file. GRIEVANCE REVIEW PROCEDURE UPON TIMgI.Y RECEIPT OF A WRITYEN REOUEST FOR. REVIEW · Within 7 calendar* days of'the receipt ora request for review, the provider mtm acknowledge receipt of'the request by a written statement delivered to the requester. This statement must also provide notice of.' the time and place ~ched,,led for the revie~r, the de~gnation of one or more impartial reviewers who have not been involved in the decision at issue; the opportur~ty to exantine, at a reasonable time before the rc,,4ew, the individual's own case record, and to a copy of such case record at no cost to the individual; the opportunity to imC'ormally present argument, evidence, or wimesse~ without undue interference at a r~a$onable time before or during the revle~r, a contact person for any accommodations required under the Americans with Disab{lities Act; assistance, if needed, in order to attend the review, and the stopping ofthe intended action until all appeals are exhau~ed. · All grievance reviews must be conducted at a reasonable time, date and place try one or more impartial re,4ewers who have not been directly invo{ved in the initial determination of the action in question. · The reviewer(s) must provide written notification to the requester within 7 calendar* days at, er the the decision, stating the reasons therefore in dcm'l; /'~ the eft'eot the decision has on current benefits, if'favorable, or the circtur, stsnce~ regarding exmtinuation ofcurre~t benefits tmtil all appeals are e~hausted; the individual's ri~t to appeal an adverse dec~alon to the Area Agency on Aging 01/01/99 ~!!~ "~ ~! Agreement No. NLASTER 203.99 by written request within '/calendar* days; the a~labiff~y ofassis~ce in ~'i~nl~ submlt~g and delivering the appel to the appropriate the opportu~ty to be represented by hat, elf or by legal counsel, a relative, a fi~end or other PROCEDURE FOR APPEALS OF A GRIEVANCE REVIEW DECISION [/PON TIMELY RECEIPT OF A WRFITEN APPEAL TO THE AREA AGENCY ON AGING , · Within 7 calendar* days ofthe rvceipt ora notice of appeal of'a grievance review decision, thc AREA AGENCY ON AGING FOR. SOU'FHAVEST FLORIDA, INC. must acknowledge receipt of'the notice o£ appeal by a written statement delivered to the appellant. This statement must also provide notice of': the time and place scheduled for the appeal; the designation of'one or more impartial AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. officials who have not been involved in the decision at issue; the oppormaity to ~amine at a r~asonable ~ bd'ore the appeal the individual's own case record to date, and to a copy of'such case record at no cos~ to the individual; the oppommity to informally presem ~'gume.t~ evidence, or wltncsscs without undue ir~crfer,:nce during the appeal; assistance, if needed, in order to attend the appeal; and the ~opping of'the intended action until all appeals are ex3austed. · All appeals ofgrieva~ce r~iews must be cooduc~ed at a reasonable time, date and place by one or more impartial AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. officials who have not been directly involved in the initial determination of the action in question. · The desiLm_~!~ AREA AGF. NCY ON' AGING FOR $OUTHWi:ST FLORIDA, INC. official(s) must provide written notification to the requester withln 7 calendar* days after consid~ng thc grievance rcvie.¥ appeal o£ the decision, statin8 th, r~aso~ th .~f..Ore In deta'l; the effect the decision has on cmxent b~dlts, ~f favorabIe, or the circums'~.~ces regarding continuation of current beneffLs until all aPPeals are exhausted; the individual's right to appeal if applicable. Except for Medicaid Waiver ac~ons, the decision of' the AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. shall be t.he final decision; and the availability ofassistanc~ in requesting a fair hearing, including a notice regarding accommodations as required by the ADA. : : · All records of the abow acfivitles must be preserved and r~naln confidential. A co~ of the final decision must be placed in the client's file. · In computing any period of time prescribed or allowed by these guidelines, the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the neat day which is neither a Saturday, Sunday, or legal holiday. ATTACHMENT Df STANDARD CONTRACT OLDER AMERICANS ACT THIS CC~fRACT is entered into between the Area Agency on Aging for Southwest Florida, Inc., hereinafter referred to as the "agency", and Collier County Board of County Commissioners by and through its Collier County Services for Seniors Prooram, hereinafter referred to as the "provider". This contract is subject to all provisions contained in the MASTER AGREEMENT executed between the Agency and the Provider, Agreement No. ~3%STER 203.99, and its successor, incorporated herein by reference. The partz[es agree: ' I Provider Agrees: ' I. Serwices to be Provido~: The service provider application of Go!!ier County Services for Seniors for 1999, and any revisions thereto approved by the agency, are incorporated by reference in this contract between the agency and the provider and prescribe the manner in which the provider will meet the requirements ofi~ithe Older Americans Act of 1965, as amended. (ii!' Manner of Service Provision: The se~¢ices will be provided in a manner consistent with and described in the 1999 Service provider application of the Collier County Services for Seniors and the Department of Elder Affairs Client Services Manual. In the event this manual is revised, the contract will incorporate any such revision and the provider will be given a copy of the revisions. The provider agrees to perform the services of this contract in accordance with all federal, state, and local laws, rules, regulations and policies that pertain to Older Americans Act funds. C. Requirements of Section 287.058, Florida Statutes: These requirements are herein incorporated by reference. Final Request for Paxment: 1.' To submit ithe final request for payment to the agency no more than 45 days after the contract ends II. all right to payment is forfeited, and the agency will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all reports due from the provider', and necessary adjustments thereto, have been approved by the agency. 2. A final receipt' and expenditure report (closeout report) will>ibe ~forwarded to the agency within sixty (60) days .after the contract ends or is terminated. All monies which have been paid to the provider and not used to retire outstanding obligations of the contract being closed out must be refunded to the agency along with the final receipt and expenditure report. The A~ency Agz..s: ?~ ,,~. A. Contract Amount Subject to the availability of funds, the agency will reimburse no more than the rate stipulated in ATTACHMENT II for units of service delivered in accordance with the approved budget for Older Americans Act funds. The State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature.~'The costs of services paid under any other contract or'~ifrom any other source are not eligible for reimbursement'under this contract. The schedule of funds awarded to the provider pursuant to this contract ~ is ~ is not in state grants and aids appropriations and consists of the following: Program Title Lead Agency CFDA# Fund Amounts Operation Title IIIB Support Lead Agency 93.044 $31,461.00 Services Operation Title IIIC1 Lead Agency 93.045 $20,534.00 Congregate Meals Operation Title IIIC2 Home Lead Agency 93.045 $22,039.00 Delivered Meals Operation Title IIID In-Home Lead Agenc~ ~ 93.046 $1,221.00 Services · · '~i~'~' · O~ERATION $75,255.00 CONTAINED IN THIS CONTRACT: Program Title !Spending Authority CFDA~ Fund Amounts Allocation Title IIIB Support Spending Authority 93.044 $178,281.00 Services Allocation Title IIICl Spending Authority 93.045 $116,362.00 Congregate Meals Allocation Title IIIC2 Home Spending Authority 93.045 $124,887.00 Delivered Meals Allocation Title IIID In-Home Spending Authority 93.046 $6,918.00 Services · A llocation TOTAL SPENDING AUTHORITY $426,448.00 ALLOCATION CONTAINED IN THIS CONTRACT: The legal services allocation for Collier County is $17,967.QQ. This allocation is included in the Title III-B spending authority allocation shown above. ' ~ ....... III. Provider and A~encyMutuallyAgree: A. Effective Date: 1. This contract shall begin on January 1, 1999 or on the date the contract has been signed by both parties, whichever is later. 2. This contrac~iishall~end on December 31, 1999 Method of Payment :: ~ ~ 1. This is a contract:incorporating cost reimbursement of actual expenditures for lead agency operations and reimbursement for actual units of service delivered and paid according to the schedule stipulated in Section II.A. Two reports will be submitted to the agency from the provider for reimbursement. A request for payment and expenditure report will be submitted to support requests for payment of lead agency operations on the AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. Form MDOEA 10SA. Duplication of both forms via data processing equipment is permissible, provided all data elements are in the s~me format as included on agency forms. 2.. ~The provider lig~[ble, may request a monthly 16C 3 i, advance for each of the first two months of the contract period, based on anticipated cash needs. Detailed documentation justifying cash needs for advances must be maintained in the agency's file. All payment requests for the third through the twelfth months shall be based on 'the submission of monthly actual expenditure reports beginning with the first month of the contract. The schedule for submission of advance requests is ATTACHMENT I to this contract. Reconciliation and recouping of advances made under this contract are to be completed by the time the final payment is made. All advance payments are subject to the availability of funds. e Any payment due by the agency under the terms of this contract may be withheld pending the receipt and approval by the agency of all financial and programmatic reports due from the provider and any adjustments thereto. The provider agrees to implement the distribution of funds as!>~idetailed in the service provider application~and.ii!~the Supporting Budget Schedule, ATTACHMENT II~tO this contract. Any changes in the amounts of .federal or general revenue funds identified on the Supporting Budget Schedule require a contract amendment. e Financial Reports: The provider agrees to provide an accurate, complete and current disclosure of the financial results of this contract: as follows: a. To submit all requests for payment and expenditure reports according to the format, schedule, and requirements specified in ATTACHMENT I . be The completed manual units of service portions of the Older Americans Act Annual Report if applicable, are due to the contract manager on or by October~iil5, 1999. The Agency will obtain the~i!!rema~ing report sections from the Client Information, Registration and Tracking System. ~.~ .- Termination and Suspension De 16C 3' The causes and remedies for termination or suspension of this contract shall follow the same procedures as outlined in Section III.B. and Section III.C. of the Master Agreement. Notice, Contact, and Payee Information: 1. The name, address and telephone number of the contract manager for the agency for this contract is: Terry White, Executive Direc~Qr Area Agency on Aging for Southwest Florida, Inc. 2285 First Street Fort Myers, Florida 33901 (941) 332-4233 SC 748-6947 The name, address and telephone number of the representative of the provider responsible for administration of the program under this contact is: Nanci E. Lochner Collier County Services for Seniors Collier County Government Center. Bldg, NaDles, Florida 34112 (941} 774-8443 e In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will' be rendered in writing to the other party and said notification attached to originals of this contract. The name (provider name as shown on page 1 of this contract) and mailing address of the official payee to whom the payment shall be made: Nanci E. Lochner Collier County Services for Seniors Collier County Government Center, Bldq. H NaDles.:Florida ' 34112 /941)'~774-844~ Special Provisions: 1. Match The provider w" 11 Provide match of at least 10 e 16C percent of the federal administrative funds received· The provider's match will be made in the fo~n of cash, general revenue administrative funds and/or inkind resources. Co-payments for Services The provider assures Older Americans Act paid staff will not assess nor collect co-payments from eligible clients for Older Americans Act funded services. Subcontractors may charge co-payments for services not paid for with Older Americans Act funds to those persons able to pay part or all of the cost of services. Carry Forward Funds Federal fiscali~year funding provided in this contract is subject to substitution by prior year's carry forward funds in accordance with procedures established by the agency. The agency has the authority to re-award current year funds in excess of five percent which are deobligated by this process. This provision excludes senior center carry forward funds. Prioritization Policies The provider shall develop and implement policies and procedures to ensure Older AMericans Act funded services are provided to those with greatest social and economic need, with particular attention to low-income minorities. Individuals who have two residences and who are requesting services shall be referred to the Community Care for the Elderly Co-payment for Service program. These policies and procedures are to be furnished to the agency as part of the area agency's service provider application. IN WITNESS THEREOF, the ~ have caused this ~ page contract to be executed'by their undersigned officials as duly authorized. PROVIDER: Collier County Board of County Commissioners AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. BOARD PRESIDENT OR AUTHORIZED DESIGNEE SIGNED SIGNED BY: , N~4E:Pamela S. Mac'Kie ~ TITLE:Chairwoman - Board of County DATE: Commissioners FEDERAL ID NUMBER:596000531 PROVIDER FISCAL YEAR END '99 NAME: MARY ALICE FERRELL TITLE: BOARD PRESIDENT DATE: ~_ ~.q c~ APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Chief Assistant County Attorney DATED: -ATTEST: DW BROCK,.Clerk 160 Report Number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Legend: ' Note # 1: Note # 2: Month January February March April May June July August September October November December Final Closeout ADVANCE~i' BAS I S CONTRACT TITLE III Advance* Advance* Jan. Expenditure Report Feb. Expenditure Report March Ezpenditure Report April Expenditure Report May Expenditure Report June ExpenditureReport July Expenditure Report Aug. Expenditure Report Sept. Expenditure Report Oct. Expenditure Report Nov. Expenditure Report Dec. Expenditure Report Final Payment Request Closeout Package Submit to AAA on this date Dec. 15 Dec. 15 Feb. 10 Mar. 10 Apr. 10 May 10 June 10 July 10 Aug. 10 Sept. 10 Oct. 10 Nov. 10 Dec. 10 Jan. lQ. Feb. 15 Feb. 28 ATTACHMENT I Submit to State on this date January 1 January 1 February 15 March 15 April 15 May 15 June 15 July 15 Aug. 15 Sept. 15 Oct. 15 Nov. 15 Dec. 15 Jan. 15 Feb. 28 March 15 Advance based on projected cash need. Submi~on ofexpen~ture reporu may or may not generate a payment request If thc closeout package r~ec~ funds due back to the agency, payment h to accompany the report. Report #1 for Advance Basis Contra~ cannot be submitted to the State Comptroller prior to January 1 or until the contract with the agency h,u been executed and a copy sent to the Comptroller. Actual submission of the vouchers to the State Comptroller is dependent on the accuracy ofthe expenditure report. A final payment request may be submitted to the agency by the provider up to 60 .days al%er the contract has. ended. ' : i!:~ ?' ~,~i':." i~;~:~:: ~' 01/01/99 PROVIDER: Collier Count), Services for Seniors ~,~,,~i~: ~'i t/~ Total Reimbursement ~ Cost .-¥>, ~ Transportation $ 9.70 S 8.73 Information $ 3.11 $ 2.80 Referral $13.29 Screening/Assessment $21.I3 Contract 16C No. OAA 203.99 ATTACHmeNT II '~"~' SUGDEN REGIONAL PARK GRANDSTAND AGREEMENT : ~ THIS AGREEMENT RE: SUGDEN REGIONAL PARK GRANDSTAND (Agreement) is entered into on thi~-~(~'l/~day of_~ 1999, between GULF COAST SKIMMERS WATER SKI SHOW, INC,, (Skimmers) a Florida Not-For-Profit Corporation, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, (County) and sets forth the terms and conditions for the development of a grandstand facility at Sugden Regional Park, Naples, Florida. WHEREAS, the County agrees to authorize'develOPment of a grandstand facility at Sugden Regional Park located in Naples, Florida; .! ~::i !,: WHEREAS, the County executed a construction 'agreement with the Skimmers for the same grandstand on January 7, 1997, amended this agreement to correct a scriveners error on May 4, 1997, and amended this agreement to extend the term on July 25, 1998. and; WHEREAS, the construction was delayed because of an inability to secure the necessary contractors to complete the work, and; .: r WHEREAS, completion of the grandstand facility within the previously established time flame was not possible, and; ~:'.. ~ WHEREAS, the Skimmers still desire to develop the grandstand facility located at Sugden Regional Park and complete the project to the satisfaction of the County, NOW, THEREFORE in consideration of the mutual promises and covenants exchanged herein, the parties agree as follows: .ARTICLE I. Demised Premises. The premiSe~ involved Consists ofthe southeast part of the lake as highlighted on the attached Master Plan. ' .Article 2, Term. The term ofthis Agreement shall be a minimum of four (4) months commencing on January 28, 1999, and ending May 3 l, 1999. The Skimmers agree that all construction and improvements will be completed by May 3 I, 1999. Article 3, Modifications to Facility. , ' · I. Prior to making any changes, alterations, additions or improvements to the demised premises, the Skimmers will provide County with all proposals and plans for alterations, improvements, changes or additions to the demised premises for County's approval, specifying the nature and extent of the desired alteration, improvement, change or addition, along with the estimated starting and completion time for the project, and including factual budget statements showing sufficient funding to complete any phase or phases of the changes, alterations, additions or improvements to the demised premises. If upon obtaining the County's consent and commencing said changes, alterations, additions, or improvements, the Skimmers fail to complete its work within the completion approved by the County, County may, at its ~ ~ ~: . election, complete said changes, improvements, alterations or additions, in which event all improvements will belong to the County free and clear ofall liens or claims. 2. The Skimmers covenants and agrees in conneCtion with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the demised premises, to observe and comply with all present and future laws, ordinances, rules, regulations and requirements of the United States of America, State of Florida, County of Collier and any and all governmental agencies having jurisdiction. ~.: · 3. All alterations, improvements and additions t~said demised premises shall be made in accordance with all applicable laws and shall at once, when made or installed, be deemed as attached to the freehold and to have become property of County and shall remain for the benefit of County at the end of the term or other expiration or termination of' this Agreement in'as good order and condition as they were installed, reasonable wear and tear accepted. It, prior to the termination of this Agreement, or within thirty days thereafter, County so directs, the Skimmers shall promptly remove all construction materials, debris and equipment. County may effect said removal at the Skimmers' expense upon Skimmers' failure to timely and/or fully remove all such materials, debris and equipment upon notice by County. 4. Upon commencement of this Agreement, the Skimmers shall construct the grandstand facility as described above on the demised premises in a business-like' and responsible manner, and the Skimmers actions shall not conflict with County's regular control and daily operation of the Sugden Regional Park. County will continue to maintain regular activities and services at the Park, but will not cause any delay to the construction of the grandstand. 5. The Skimmers covenants and agrees not to use, occupy, suffer or permit the Park or any part thereof to be used or occupied during the construction of the grandstand facility except for the grandstand facility. Article 4. Access to Construction Sit¢~ ,,:~: :. :, County, its duly authorized agents, representatives and employees shall have the right after reasonable notice to the Skimmers, to enter into and upon the demised premises at all reasonable hours for the purposes of' inspection. .Article 5. Indemnity and Insurance~ I. In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged by signing of' this Agreement, the Skimmers covenants and agrees that it will defend, protect and save and keep County forever harmless and indemnified against and from any claims, suits, and actions, penalty, damage, injury, cost, attorney's fees and other charges imposed for any violation of any law or ordinance, whether occasioned by the neglect of the Skimmers or those holding or acting under Skimmers, and that Skimmers will, at all times, defend, protect, indemnify and save and keep harmless County against and from all claims, suits and actions, loss, injury, cost, attorney's fee, damage and expense arising out of or from any accident or other occurrence, on or about the demised premises causing injury or death to any person or damage in loss of' personal property hosoever and whatsoever during the term of this Agreement and all extensions hereof. The Skimmer's i'~ er this provision shall not be limited by Skimmers limit of', or lack of, insurance protection./&The Skimmers shall obtain and maintain with a reputable insurance company, at its sole cost and expense,'?ubli¢ liability insurance against property damage or personnel injury arising out of the const~ctiOn'~and use of the grandstand facility. Said insurance must spec,fy detailed coverage on the grandstand faclhty~,~ 2. The Skimmers and/or Skimmers' general contrart'd~r ~hall'take ~t and maintain during the course of this Agreement, comprehensive general liability insurance coverage, including bodily injury and property damage, in the amount of not less than $I,000,000 combined single !imits. The Board of County Commissioners of Collier County shall be listed as an additional insured on said policy. 3. .The Skimmers and/or Skimmers' general contractor shall comply with Florida's Worker's Compensation Law. The insurance coverage shall be t'°i; statutory limits in compliance with the applicable state and federal laws. The policy must include empl liability with a minimum limit of $I00,000.00 4. Ali insurance policies required shall be issued and written with a company or companies authorized to engage in the business of general liability insurance in the State of Florida and authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: The Company must be rated no less than "A" as to financial rating in accordance with the latest editioff~"of the Best's Key Waiting Guide published by AM Best Company, In6? ': 5. The Skimmers and/or Skimmers' general contractor shall deliver to County customary insurance certificates of insurance prior to the construction of' the grandstand facility which certificates shall clearly indicate and evidence such paid up insurance and that said general contractor has obtained insurance in a type, amount and classification as required for strict compliance with this Agreement. The said general contractor shall agree to make no changes, or cancellations of the insurance without thirty (30) days prior written notice to County. The said general contractor shall assure that the insurance coverage provided shall require the company or companies writing such' inmranc~ policy shall provide to County, written nottce ofcancellauon th,ny (30) days prior to any suchlproposed eancellat,on. County reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to the general contractor. Said insurance shall not exceed that required by the County for similar projects. Upon receipt of such notice the General Contractor shall have thirty (30) days in which to obtain such additional insurance. Article 6. Utilities. The Skimmers will be responsible for all utility serviee charges during the construction of the grandstand facility. Article 7, Development, Skimmers shall be responsible for the retention of all subcontractors, etc., to complete the construction of the licensed to do business in Collier~County and po: foi:~'atl payments to all~bf same necessary professionals, contractors and and facility. Ali of same shall be legally mional Licenses. Skimmers shall be indemnify and hold harmless County for any claims against County arising out of the construction of the grandstand facility. Skimmers shall use all due diligence to attempt to obtain reasonable bids and quotes for each phase of construction of the project. County may review all bids received by the Skimmers. The facility must be designed as shown in the attached Site Plan. Article 8. Financing. l. County agrees to contribute to the development of the facility in the amount of $53,415.91 for the remaining construction of the grandstand facility, This amount represents the remaining unspent balance or the project funds. The Skimmers covenants and agrees that it will continue to solicit contributions and donations from other members of the community to help offset the expense of the construction of the grandstand facility. They shall provide the County with written updates as to the financing and expenditure of County funds for this project. The County reserves the right upon reasonable notice to audit the account or accounts for the construction project. 2. Payments shall be made to the Skimmers within 30 days of receipt of a summary invoice and the supporting invoices from the project's general or sub-contractors, and upon satisfactory review by the County or its authorized representatives. Due to the inordinate delay in permitting this project, invoices may be dated prior to the term of this agreement upon satisfactory review by the County or its authorized representative that the work was performed toward the design, permitting or construction of the grandstand facility. ~ Article 9. General Provisions. I. The Skimmers fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced demised premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures for additional protection of the demised premises shall be the sole responsibility and cost of the Skimmers and shall involve no cost or expense to County. 2. Skimmers agree that the facility shall be open to the public; however, the Skimmers shall have priority use of the facility for activities, performances, practices, events, and or programs after County activities are scheduled as long as'Skimmers remains a not-for-profit corporation in good standing and maintains an active roster of at least twenty-five (25) youths who are 19 years of age or younger. It is hereby agreed that a schedule of dates for activities, performances, practices, events, and or programs shall be established in advance by both the County and the Skimmers so as to avoid scheduling conflicts. This schedule must be agreed upon no later than 30 days prior to event, league, or program. Skimmers expressly agrees for itself, its successors and assigns, to refrain from any use of the demised premises that would interfere with or adversely affect the operation or maintenance of the County's operations at the park. Arti¢l~ 10. Termination Should the Skimmers' general contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County Fay terminate this Agreement immediately for 4 ~ ~th a fouAeen (14) day ~tten noti~..~e Coun~ s~l be sole judge of non-peffo~ance. County shall be responsible for pa~ent of all work Peffo~ up to the date ofte~ination. ArtMe 11, Effective Date This Agreement shall become effective upon execution by County and Skimmers. IN WITNESS WHEREOF, the parties hereto have hereunder vt forth their hands and seals. As to County: Dated this ~ D. day BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORI DA GulfCoast Skimmers Water Ski Show, Inc. of "~^ ~='7 1998 Gursoy, (Corporate Seal) Approved as to form and legal su~ency5 C. Weigel Attorney 5 GOLDEN GATE AQUATIC FACILITY CONCESSION AGREEMENT THIS AGREEMENT made effective thi ay of-~n.ny,. 1999, A.D. between Collier County, a political subdivision of the State of Florida (hereinafter called the "County") and That's Amore' In Napoli. a Florida Corporation with offices at 4270 Atoll Court. #6, Naples, Florida 34116 (hereinafter called "Concessionaire"). 1. SCOPE. The County hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County, the exclusive right to operate the following described concession at Golden Gate Aquatic Facility, in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set forth. a. TERM. This Agreement shall be for a term of two (2~ years, commenc!ng February 15. 1999. and shall be renewable upon satisfactory, performance by the Concessionaire. for two separate additional periods of one (1) year each. under the same terms and conditions. The County Administrator may extend this Agreement under all of the terms and conditions contained in this Agreement for up to one hur~dred twenty (120) additional days following expiration of the original one (1) year term or following each of the extended one (1) year terms. The County must g~,Je the Concessionaire written notice of its intention to extend the Agreement Fo Iess than ninety (90) days prior to the end of the Agreement term then in "-~"'"" The Concessionaire shall notify the County in writing within sixty (60) days prior to the end cf the respective Agreement term then in effect of Concessionaire's retention vmetr'er or not to accept the extension. bo FACILITIES. The County shall provide to the Concessionaire the use of the following facilities and space: (1) The Concessionaire shall vend his/her products in the area commonly known as the picnic and activity pool location at the Golden Gate Aquatic Facility. (2) A space in the fenced area shall be provided for storage of food cart. (3) A secured area for storage of the Concessionaire's cash register will be in the storage room located on the west side of the bathhouse facility at the Golden Gate Aquatic Facility. USES. The Concessionaire is authorized to conduct the following types of business and to provide the following services, and only such business and services, at the location as set forth below: The sale of food and sundry items, and any other lawful activity approved in writing by the Director of the Parks and Recreation Department in the area commonly known as the picnic and activity pool location at the Golden Gate Aquatic Facility. A list of food and sundry items that will be Sold is attached (Attachment A). o o NOTICES. All notices from the County to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following address: ' Thars Amore' in Napoli 4270 Atoll Court #6 Naples, Florida 34116 Attention: Mr. Anthony Fusco. President All notices from the Concessionaire to the County shall be deemed served if mailed by registered mail to the County at the following address: Director of the ParkS'~nd RecreatiOn Department 3300 Santa Barbara Boulevard Naples, Florida 34116 NOT A LEASE. No part, parcel, building, structure, equipment or space is leased to the Concessionaire: that the corporation is a concessionaire and not a lessee: that Concessionaire's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. ::~ NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be construed as creating a partnership between the County and the Concessionaire. Concessionaire is not an agent of the County. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part hereof, without prior written approval of the Board of County Commissioners. Any attempt to assign without such approval shall be void. Concessionaire agrees that without the prior written consent of the Board of CountYl, Commissioners, no shareholder shall sell, assign, transfer or convey his/her stock (except by operation of law), nor shall the corporation issue any additional shares of stock, if any such transfer or issuance will effectively change the ownership of the corporation. However, the shareholders have the right to convey between themselves and their spouses and children without the County's consent. MAINTENANCE. The Concessionaire shall, to the satisfaction of the Director of Parks and Recreation or authorized representative provide normal and routine daily maintenance of the food vending cart, keep the equipment in a good state of repair, free from hazardous conditions and deteriOration. ,??',' :i~:::/:' USE OF THE FACILITIES IS PRIMARY. The Golden Gate Aquatic Facility is for the use of the public for recreational and other public purposes and the public's right to such use shall not be infringed upon by any activity of the Concessionaire. 10. 11. SECURITY. The Concessionaire must provide at its expense any security measures to protect its area and equipment and materials;~ Such security measures shall not violate any other restriction(s) of this Agreement. PERMITS. LICENSES. TAXES. The Concessionaire shall obtain and pay for all permits and licenses necessary for the conducting of business and shall comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire The Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation or any other taxable activity on the premises. In addition, the ConcessiOnaire shall comply with all existing and future applicable rules, regulations and laws of Collier County, the State of Florida, or the U.S. Government. TRASH AND GARBAGE REMOVAL. The County will provide all garbage, trash and rubbish receptacles within the confines of the area. Dumping of receptacles and removal of trash, rubbish and garbage in the area of concession operation shall be the responsibility of the Concessionaire. The Concessionaire agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the food vending cart concession and also police area and remove litter around the activity pool. UTILITIES. The County shall pay for all utilities except all telephone charges including telephone installation and all other charges related to telephone service. 12. CONSIDERATION. The Concessionaire shall remit to the County. as consideration for this Agreement, a percentage of 15 % of the total gross revenue or a minimum monthly dollar amount of $200.00, whichever is greater, of the Concessionaire's business of operating a food vending cart. ' .~' Said payments shall be tendered to the County by the 15th of each month for the preceding month, and such payments shall be accompanied by a statement of gross receipts for the preceding month. The applicable Florida State Sales Tax on payments to the Ccunty as per this Agreement shall be added to the Concessionaire's payment and forwarded to the County as part of said payments. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from, or related to Concessionaire's obligations under this Agreement and that the guarantee or the percentage of total gross revenues be paid monthly. The term "gross revenue" or "gross receipts" means all income collected, accrued or derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State or other tax collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Concessionaire shall provide the County Finance Department a Statement of Gross Receipts. Such statement shall be certified as true, accurate and complete by the Concessionaire. The Concessionaire agrees to use point-of-sale machines or other accounting control equipment for the proper control of cash and payment. All financial records are to be maintained during the entire term of this Agreement and for a period of three years following the termination of this Agre~menE. The Concessionaire shall provide a copy of. its State Sales and Use Tax Report for the same accounting period as required for the Statement of Gross Receipts. 13. 14. 15. 16. 1 605 DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on that amount, and any other taxes and fees due must be submitted to the County through the Director of Parks and Recreation, to be received no later than fifteen (15) days after the close of each month. In the event the ConCessionaire fails to pay this consideration within five (5) days of such due date, there shall b~!~'late Charge of Fifty Dollars ($50.00) for each such late payment, in addition to interest at t~'~''highest r~te allowable by law. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Concessionaire's assets on County property, and may cancel this Agreement. A monthly report of activities shall be submitted to the Director of Parks and Recreation by the 15th of each month. This report shall accompafiy the monthly statement of gross revenues and will be subject to audit. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report ~ '~ FORCE MAJEURE. If closure of the facilities or loss of equipment is due to fire damage. flood, civil disorders, act of God, etc., to some but not all of the facilities and equipment, the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from the Gotden Gate Aquatic Facility any personal property brought thereon or any replacements thereto by the Concessionaire for the~purpose of this Agreement, except such items as may be removed with the express written permission of the Director' of Parks and Recreation. Upon expiration of the term specified'in Paragraph l-a. if the Concessionaire has made full payment under this Agreement, and has fully complied with the terms of this Agreement. he may remove his personal property including equipment from Golden Gate Aquatic Facility and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property and equipment must be removed without damage to the premises. On Concessionaire's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Concessionaire, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid. and County may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. RECORDS. AUDIT. Concessionaire Shall establish and maintain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit:will be conducted at locations and at a frequency determined by the County and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the place designated by the County within three (3) business days after the County's notice to do so is received by Concessionaire all at no cost to the County. °4° IIII 17. III IIIIII COOPERATION. The Concessionaire agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of concession services. The County shall provide Concessionaire with a schedule of activities one week in advance of the date of the planned activities. County shall provide Concessionaire with notice of the availability of plans for any remodeling of thefacilities~:~T, he .... Concessionaire shall have the right to make improvements to the Concession,~'ho~,vever,'~written approval must be obtained from the Director of Parks and Recreation. ~The ConcesSionaire must submit plans in writing for approval. 18. INSPECTION. The Concession facilities and premises may be inspected at any time by a authorized representatives of the County Administrator or his designee or by any other agency having responsibility for inspections of such operations. The Concessionaire agrees to undertake immediately the correction of any deficiency cited by such inspectors. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Concessionaire from any obligation hereunder. 20. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all claims against the County for loss or damage sustained by the Concessionaire. The Concessionaire hereby expressly waives all rights, claims, and demands and forever releases and discharges the County from all demands, claims, actions and cause of action arising from this Agreement except intentional torts. 2';. NO LIENS. Concessionaire agrees that it will not suffer or through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, the Concessionaire agrees to cause such lien to be discharged within ten (10) days of written notice to do so from the County. 22. ORDERLY OPERATIONS. ETC.. The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping services to properly maintain the premises. There shall be no living quarters, nor shall anyone be permitted to live on the premises. In the event of any violation of this Agreement by the Concessionaire, or if the County or its authorized representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, as noted on the Concession Inspection Report, the County shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the County. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the satisfaction of the County. 23. EMPLOYEES; MANAGER. The Concessionaire shall employ people to work at this facility who are neat, clean, well-groomed and courteous. All employees shall observe all the graces of personal grooming. Subject to the American with Disabilities Act, the Concessionaire shall supply competent employees, who are phYsically capable of performing their employment duties and the County may require~the. C.oncessionaire to remove an employee it deems careless, incompetent, insubordinate .otherwise objectionable and whose continued employment on Collier County best interest of the County. All Concessionaire employees shall wear shirts and shorts with the Concessionaire's logo or other identi~ing marking. The Concessionaire shall have an experienced manager overseeing the concession operations at all times when open for business. 24. 25. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, or County Law, Ordinance. rule, order or regulation, or of any applicable governmental rule or regulation now in effect or hereafter enacted or adopted. 26. PRICES. The Concessionaire agrees that prices and fees charged for concession merchandise and services will be priced comparable to those charged for similar merchandise and service in the general vicinity of the park. Ail prices must be displayed and visible by the Concessionaire' s customers. All such prices and fees must be approved in writing by the Director of Parks and Recreation or designee. The Concessionaire shall rent or sell only those items approved in writing by the County. Vending machines are currently located at the Golden Gate Aquatic Facility and will remain there; Disconnecting the vending machines is not allowed. The Concessionaire may sell similar products to those being sold in the vending machines: hcwever. Concessionaire's price must be the same as the vending machine price. 27. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzine, naphtha, or other similar substances, or explosives of any kind. or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida. 28. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms and conditions hereof and such default is not cured within fifteen (15) days after written notice is given to the Concessionaire. the County may cancel this Agreement and revoke the privilege of the Concessionaire to come upon the County's property for purposes for which the concession was granted and may oust and remove all parties who may be present or occupy any part of the premises for the purpose of exercising any rights so revoked. 29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use,' service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide °r:~ the safety, orderly operation and security of the facilities. : 30. TERMINATION. The Agreement may be terminated by the County immediately due to a0y material breach of this Agreement, including, but not limited to, failure of the Concessionaire maintain the approved hours of operation or failure of the Concessionaire to provide a receipt HOURS OF OPERATION. The concession shall be open and properly staffed during weekends, holidays and all school holidays (including summer vacation). The hours of operation shall be from 10:00 A.M. to 7:00 P.M~ The Concessionaire may open at an earlier time and close at a later time subject~to pdo~ written approval of the Director of Parks and Recreation Department. All hours of operation shall be conspicuously posted and easily read by park visitors. The Golden Gate Aquatic Facility will be closed for Christmas, Thanksgiving and New Year's Day and for Snowfest (usually held the first weekend of December). 31. 32. to each customer for every transaction. The County shall be sole judge of non-performance. Further the County may terminate,this ~'Agreement for its convenience by giving the Concessionaire not less than a seven"(7) day written notice of such intent. During the notification period, both parties agree to meet its respective contractual obligations in good faith. The Concessionaire shall have the option to terminate this Agreement during the first one hundred eighty (180) days of the Agreement term specified in Paragraph 1-a. The Concessionaire shall also have the option to terminate this Agreement during the first sixty (60) days of the second year of the Agreement term specified in Paragraph 1-a. The Concessionaire shall notify the County in writing of his intentions to terminate by giving no less than a thirty (30) day notice. , COUNTY CONTROLS OF GOLDEN GATE AQUATIC FACILITY CONCESSION. Nothing in this Agreement will preclude the County from using the public areas of Golden Gate Aquatic Facility for public and/or civic purposes as deemed necessary by the Director cf Parks and Recreation. VEHICLES IN PARK. Vehicles are allcwed in the areas only where roadways are provided. Vehicles will park only in areas designated by the County for vehicle parking. 33. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida. .,. 34. SIGNAGE. The Concessionaire shall provice, at his sole expense, required sigr~s at all public approaches to the Concession. All signage, advertising and posting shall be as approved by the Director' of the Parks and Recreation Department. Signs that will be used fcr advertising purposes shall be constructed and maintained to County Standards as defined by the Code Compliance Department. The use of the Collier County Logo is prohibited. 35. INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold the County of Collier and its officers, emPloyees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this Agreement and/or the performance thereof. Collier County will be responsible for its sole negligence. 36. INSURANCE. Before commencing work cf any kind (1) the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and (2) shall file evidence of such insurance with Collier County's Risk Manager. Ao ~ ,~. - in compliance with the applicabl6~ state and federal laws. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Commercial General Liability: Coverage shall have minimum limits of $500.000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. Workers' Compensation: In~:~ance'C°ver:j'ng all employees meeting Statutory Limits Cur~t. valid insuranCe policies meet, ng the requ,rement herein identified shall be maintained by Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to the County at least 30 days prior to an~'expiration date. There shall be a 30 day notification to the County in the event of cancellation or modification of any required insurance coverage. Concessionaire shall insure that all of its subcontractors comply with the same insurance requirements that Concessionaire is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. THIS AGREEMENT shall be administered on behalf of the County by the Parks and Recreation Department. As used herein, the word "County" shall refer to the Director of Parks and Recreation unless the context renders such construction illogical. 38. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: All Insurance Certificate. IN WITNESS WHEREOF, the Concessionaire 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 Da~edf ~-,~ G,~?7,'.:" ':.? BOARD OF COUNTY COMMISSIONERS :A~EST: CORPORATE SEAL THAT'S AMORE' IN NAPOLI The"Concessionaire" Assistant County Attomey ,' Approved as to form and legal sufficiency: ~:::;Thom~s C. Palmer :,;i': ' :, By: Signature bf President of That's Amore' in Napoli Printed name of President .8. · ~:,~?- '~ ATTACHMENT A 5. 6. 7, 8. 9. 10. 11. 12. 13. Italian Ices Pre-packaged ice cream Popcorn Frozen chocolate covered bananas Soda - - ...... BoEled Water Hot Dogs Pizza Sandwiches Fruit Cups CARii~'P~ ,4 ff . i V UN 0 ER'~:Iq"iT E R ' INDICATE ~EC~OH~ A~A~ED ~ ~ EC~PMENT ~OATER [ G*~ GE ~NO CEASE. S CRIM~MISCE[L~NECUS CRIME ~ J OUSINE~S AUTO 1 : UM0~EL~ , ...~(r,,,,~,-.~:.~,.~c,~.,..-.~,.,~,.~.~ /' ,' . . ~} ~ ' ~ /' (t.n Fl. I ~f.~n.,/' ........ i / ,.',, . ~//~/~(~ I. IS T~E aPwJC,~h'T A SUBSIDtARY OF At,OTHER Et.'TTTY GRC, CE$ THE ~PP~I~'JN,~ ~A'IE ANY SuoSzOl~nSES? 3. Arty EXP';.$~JPE *.G F'~MMAELES. EXPLC$1VE$. CHEMICALS? EXPLAIN AII 'YES' RESPONSES ltdY OTHEIR INSURANCE WtTH THIS COMPANY OR BEING ~UBMIT'TED? I~ ~. At, Y PGUC't CR C~VE~GE DECUNEO. CANCELLED GR NQN'RE"EWEO CU~IFJQ ~E PRIC~: YEA~S? N~T AP~ICABLE It4 MO REMARKS C¢~.~R~[HC-" I ~,. I~ ANY CPE~ATICNS INCLUCE BLAS?;NG OR UT L:ZE OR STORE EXPt. OS;¥E MATERIAL? ARE SUBC0NT~ACTORS ALLCWE= TO WCRK W,C C£,~r C; ~NS? 3 O0 ANY CPSRATICNS INCLUOE EXCAVATION. TL~,~JNELING. UN~.,E~G~CUNC WCRK CR EARTH MOVING? I I PRODUCTS. COMPLETED OPERATIONS P~C=UCTS j 1 6. OoES APPLICANT LEASE ECUSP.~E;,~ TO OTHERS ;S'~m C~ I .I, W~THOUT O,ERATORS? I FULL TiME STAFF: ! ~ p~RT, ~uE ST&FF: e OF UNITS I ~taE iN IEXPECTED J PglNC;PAL C~MPCNENT~ , ' M&~q~[T ! I.~E I INTENCEDUSE YEE NC ~ EXPLAIN ALL '"~ES' RESPONSES tFo~ 7, Fn. CDUCTS CF OTHE.=.-c- S,2t2 CA AE.P~C×AGE2 '_:.2E= AFPL;CANT LAEEL? 5 P=C-',,C?=' =E:,~.'E.% .'C AiR:,~,~FT. SP,~CE 'NOg'STAY ~'EA~ '-.'TACH L:TER&:U~E, .~IqccHL:PE.~ L.tl)ELS. WARNINGS, ,~,,< '~. ~CES A;,Y .'JAMED I~'~$U,=E3 .CELL TC CTt~E= .N ,~ ;. ', E .' ';.E'.:AE.'.S .' ' ADDITIONAL INTERE=..TSC~RTIFiCATE RECIPIENTS (Attach ACCfiD 45 for adclltlonal names). ;~, i ~.:~,;.~ ;LJ~,,~~X[.-J~ll~~ EXPL,tlN tLL ~ES' REt. PONESq ,For ill =asr or ~relenl Op~rlllons) YES NO i EXPLAIN ALL 'YES' RESPONSES fFo~ ~11 g~let or ~.n! o~flontl ;. A;J¥ ME~.'CAL FAC:LITIEF. PRO',q~ED CR MEDICAL PRGFE':S;CNALS EM;LCVE~ C~ CONTraCTED~ 2. ;W( ~xFCS~E TO R~C;CAC~i~JUCLEAR MATEAI~LS? ~. SC ~AVE ==ST F~EEENT Cfi CISCCNTINUED CPERAT;CNS INVCLVE:~; STORING. TREATING. DISCHARGING. AP~YI~. ~I5FCS~G, GR TRANSPCRT;~G OF HA~RDOUS MATERIAL? __~ ~an=m;s. ~as:~. fuel lanks, etct 4. ANY CPE.=ATICNS SOLD. ACCUIRED. OR DISCONTINUED IN LAST 5 '(EARS? 5. MACht'JE,=,Y CR ECUIPMENT LOANED CR RENTED TO OTHERS? 9. RECREATICN FACILITIES PRCVIBED? 10. IS ,'HERE A SWIMMING ;:'COL CN THE PREMISES? 11. SPORTING OR SOCIAL EYE.NTS SPONSORED? 12. ANY STRUCTURAL ALTERATIONS CONTEMPL.ATE~"' 13. ANY DEMOLITION EXPOSURE CONTEMPLATED? 14. HAS APPLICANT BEEN ACTIVE IN OR IS CURRENTLY ACTiV~. !N JOINT VENTURES? .. tS. DO YOU LEASE EMPLOYEES TO OR FROM OTHER EMPLOYERS? 6 Ar~'( WATEr. CRAFT. DOCKS, FLOATS OWNED. HIRED OR LEASED? t J'~ 7 ANY P~.RKJNG FAC:LITIES OWNED/RENTED? J J ~'; 17. ARE DAY CARE FACILITIES CPERATED OR CONTROLLED? J J 16. IS THERE A LABOR INTERCHANGE WITH ANY OTHER BUSINESS OR SUBSIDIARIES? j.l I 8. IS A FEE CHARGED FCR PARKING? I~,1 REMARKS · -- /' · * ~- 4-'~ .... .'~i' =:-e uT',m;ur.:.~ cherQfore are co_.ec.; that =..c ac:,.. ~a:,,.e..~ ~..c.,. mcn .......... ~ -2~i. "' '.', 2~ ~ .,~ ~ no~ in ba-k~a~ccv; that t~.c :ns%stsc nas · ...~,...~ ~-m .............. <~ ~-ea---~ .-mm.-s10~a~l-c~. ~u 6.~.. -~ .... x.e ..... C: .......... ~ ~ ' ',. ~ --,-' .... ,- ...... c~..' : .~ 4. '..~ ~ '~ a-'~ ~ c- ' ' ~'o~~- =: '-~'~ t~ cc'.'e-~c ~%'~G~=~/ / . . ~ . -~ i-~~ ~" ~ .... ~-- ~ ~"0'' ~ '~'~C~=~, ~CT~S ~ ~'; a~, Ir.~ta.,~cr.:~ %'~.:~ rez~i'/e~ in A:~i :ff::a-~ :rizr 'c. ..._" _f..ct:v.. da:~ cf ---~'--~--~'nl .......... ._ . ....... ,~'~ ..... , ---~= .......................... nFr_a~ =hat .,.~,.~ .. ~,., ._,- :_ .~ ~..~ ,_,.. ..,-~.~ ~z ..~.,~ ~m~ ~ -a~'-- '~ ~_.7._%,~ ~S ~--' '-~'m .... ~ .q ..................... : ................... ~ ..................... :.:an th. inz_pzLct 'zd ' .... ~"' AurCf.~ ~Z:~C %r.e ~t'-~'~ ,%~e~% cr ac~'.' ~-~"~ .... ~--:-"~ ~zS:.~_%~ ~ J~ISDICTI ~E2;E~L DiSCLOSb~E FOR ALL iNS~.EDS '% ........... cae year cf your fi:la! ins=al ..... t.~=..~ .................... any .e ........ ~ -a.~..c- a... r.-.-n-bl, a~=crna'.": a ...... na.,...n re..n.a.1, s .... c..e_ o. ~20.00.~.. a__a_l, c- The ~inance cnarue inzludc~ an any ..... a. 1 ........ a d~!inqucncy cna.=_ cf ..~e ~e. co..= (54) of t.._ ins~al!me...?..h a m.n.mum ...~0 cn - consumer access=) will Be assessed after five says, and ASI/A~S 0f-~10.00 (maximum will send written ncc:cc tc you and ,/our a=en:. You wi!! given a t~n-day p~riod =~ cure the defau!~. !~ th~ ~efaul: £s nec cured, ASi/~;Si will send written nctice cf cance!la~icn tc you insurance ccmpan-/(:3z~, and prcvlda you wz:h ccpie~ of such nc:ice(s], Ycu will be eases;ed $i ~cr each dizh,un:~d -:neck. D.%AFT # PREMIUM FINA~NCE AGREEMENT AS1, INC. - cth:m ~, r~t ~.'. l~.mu:.'.,.:~ ;:lacy: AGENCY SERVICES, INC. ceu~ AGE%~CY PREMIU%: SERVICES, iNC. ADDL T !cT. P. ENEWAL ~ A~'THON~ FUSCO }4270 ATOLL CT ~6 ~ II I I NAPLES i 34 ~16 - ' DC10/M25/S _A.. TOTAL p.q~MIUMS g_.UNPAID, PR~,-~!IUM =~'" .... E.A3!OL~T FiN;G.'CnD ?:au ar,:'.'::~ cf credit -.rmv:del . .- . FINANCE 550.C ' 138.0 ' 413.7. 57 ~ ,.... del!ar amour.: th~ crud'_: ~ull ce-.: ';c.: i.C-.TOTAL OF PA.VMENTS (--~'F', .hs amour.= you will ha':u paid al=er 7cu .TOTAL S~E ~RiCZiA*F} ~Tke tccal urice cf vcur ~urrh~:~ mn ere.ii: 52 .i-. Il K. A/%%NUAL PERCENTAGE F-~TE l~...e c.sc o. y .... ¢ ..... a~ a ':':~ar!':' rztu 32.07 ?z~='---'-'"'- AGEN,CiES, INC. t I iC.T.:.L. ~ F RE,..Z L~-. _=-'C. C 2 :rctice: 1. -Ec nsc sicn this acree.%en~.befcre ;'cu read i: cr if iu c:.-.tains an-/ ' ia..kD -- srace You'ar. ~ =n..=~e~' '''' ' to a ccm~ie%eiy t~-,=~.:_ cc~-; cf acraemenu Under ~he law, :o. have the rlch% to Day .z: ~n acvance .k. ~='=n= duean=.. under cer:~n .............~-~*~--~ ~: cbtaln'a ~ar:~al refund ::f the service charge, in c:n~iderr.::cn cf t~ ~aL'r.~n: ::r ''~. ac=cun~ o~ :n. un=_rgi=n.~ fn~ured k'; Agen=v inc.; Ae' r-- (ASi) cr Age:%:':, Fr_m~u~= , 2~:vic~=, i-" ,'.~Si} ~ '~ ~..~aun: ~n-nca~ -- :n-u._n...~rcmiur~ ..... *.. cn ..... C, ~he u-':~si=n~d..... -. prDm~c2 .~ ~nl,' z$ .k_ crier cf dlsclc=ures ~hc~,:n cn t!%o 2rsnu aris ~--].'~.' ~ide o~ this a~reemen~. ASSIG~' Th-- unders~cned insurcd ancigns '2~ ASi/AFSi as secur:uy for the uzual amoun= payable ..___...._. a.~ and a u ar p = ~, omen= cre =~ or c. cre ~, .ncn ma/ be ~ u..de. ~..e i ..... an.- ~ol%c.es .... e prem.~ for which a.e ........ e_ k._e~n=er, agr__s .... a~..=., a..? c ..... ~c..c~e. c~;~.., he_~y exc~D: for th_ in~e .... c. mo~.gag~.~ or !cm. w_=ncu= t..e .z__.en conic.%= o. AS~/A~SI; and that all rign.s c=nferru= uuon ASI/A=S. small inure =o their ;ucc~ors or assigns. I/w: do hereby irrzvccabl'/ for .k. duration c: t~ccn~.ac~ ccr. stiuute and ~==oin~ ASi/A~Si a..o .... z ... fac., ~n t.._ e,e..= O. nonp~nt~f t..o ..... ax .... e...s, to ~u ....... e and ' '* ~ c .... e c.n..1.a..c., c ..... :...u.a..c. ~cyii{~) sno =. ~.;_.. ar.he., ,/~_ a .... 7 ~&~tur¢' oZ ~nuure~ ~-~: ~n: o~BrcWer on inuur~d's Behal~ 1 6U5 I WORKER'S COMPENSATION AFFIDAVIT COMPANY NAME MAILING ADDRESS BUSINESS ADDRESS BUSINESS PHONE °t ~ r -' "55'5 -t.,c,o 'b PROJECT This is to certily that ~ G'T~,.,,. ~ V t.,~co Is exempt from Worker's Compensation coverage as defined in Florida Statue 440· and will not hire additional employees that ~vould pierce thc threshold during this contract period. It should be noted that organization involved in the construc:ion trade might not be exempt should they have one (I) or more employees. Organizations that are not construction related may waive Worker's Compensation in accordance with Florida Stature 440 it' they have less than four employees. State of Florida Count}' of (~,1 The foregoing instrument was acknowledged before me this _q'Noo -- f' V ' ,,','ho ~s personally known to me or has produced " -,- as identification and who (did/did not) take an oath. Signature of person taking acknowledgment U' Name of aeknowled~er (typed, printed, or stamped) /~, RHONDA L. SNELL Work Order # LEI-FT 99-01A Agreement for Fixed Term Professional Material Testing Sem'ice~ Dated September 19, 1995 (Contract ~95-!388) This work order is for professional engineering ~emice~ fo~'Work known as (Title) Removal and Replacement of Underg e Tank System Piping and Ground Testino , 4 (Reason for project) TO Meet Florida DEP Underground Fuel Tank Regulations. The work is specified in the proposal dated October 1. 1998 , which is attached hereto and made a part ofthis work order. In accordance with thc Terms and Conditions of the Agreement referenced above, Work Order # LEI - FI 99-01 is assigned to LAW Engineering and Environmental Services. Ir~9, (Firm Name) (List all task: Task 1, Task 2, etc.) ~ Removal and replacement of underground storage tank (UST) piping and provide necessary_ sampling and testing of soil and liquids for Buildings J. K. H and the Immokalee Jail Center as described in Law Engineering's Proposal (# ENV-8-0339RAI under scope of service. LAW Engineering will act as consultant providing closure and sampling reports 'to the Department o1' Environmental Protection State of Florida for all phases of the project.. _ Schedule of Work; Complete work within 100 days £rom receipt of thc notice to proceed authorizing start of work. ,~ CglIiRg. I:I,~ILg~ In accordance with Article 5 and Schedule B and Attachments # I and # 2 of thc agreement, the County will compensate thc Firm in accordance with the negotiated lump sum amount of S 87.880 , as provided in the attached proposal or in accordance with the established hourly rate(s) as enumerated in Schedule "B' of the Agreement if specified by thc work order. (Lists all tasks) Fucl Tank Piping Replacement $87,880 (Lump Sum} S (Time & Material) Reimbursables ~ lotal Fee S 87,880 Any change within mone.t .~, authority of this woflk order made subseque]t, t,o, final department approval will be considered~../ /~ ~an .addl~ti6nal se/lacf~an~d/eh~ed~ ~..;// aCco~rding t° Schedule B' of the Agreement. (Name & Title) / .//"' · ~ (~partment hired&) / Page 2 of 2 Work Order # 994) iA Cont. Attest as signal:ute o~l~. Attest: . -.-'... Dw. ight E; Brock Date: ~ Approve as to form and Legal Sufficiency By:~ ~sista~County Attorney Date: ~ Board of County Commissioners Collier Cou Florida 160 . Date: i~ii!:,: Contractor Date: , ,_~'-2-'77 4 Attest: (Corporate Secretary) By: (Type Name and Title) (or) Witnesses (2). L,./;J 1:o..., (Prim Name) (Signature) tPrint Name) 160 5 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 Date: TO: From: Re :. MEMORANDUM February 1, 1999 !i, :!,~ Ken Pineau, ~'~i~ :~ ,, Emergency Management ~partment~iii!i' Ellie Hoffman, Deputy Clerk Minutes & Records Department Resolution 99-75 and Agreement Between the Florida Department of Community Affairs and Collier County Regarding Certain Emergency Management Related Activities Enclosed please find a copy above referenced resolution and four original agreements as mentioned above, Agenda Item #16D8, approved by, the Board of County Commissioners on January 26, 1999. Kindly forward the agreements to DCA for the required signature, and return one fully executed original to Minutes and Records. If you should have any 774-8406. Thank you. Enclosures questions ~lease contact me at: 1 608 RESOLUTION No. 99~i 75 RESOLUTION AUTIIORI7.1NG TIIE EXECUTION AND ACCEPTANCE OF 'AN AGREEMENT BETWEEN TIIE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING CERTAIN ~-~<~;:;~- EMERGENCY MANAGEMENT RELATED ACTIVITIES WIIEREAS, the State of Florida Department of Communby Affairs has funds available for emergency management related activities; and WIIEREAS, the State in Agreement #99EM-9X-09-21-10-011 shall agree to provide $38,855.00 to initiate the successful completion of the activities and projects in the approved five year strategic plan submitted by Collier County and which are applicable to the period of performance ofthe Agreement. NOW TtlEREFORE BE IT RESOLVED BY Tile BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA that the Board approves Agreement #99EM-gX-09-21-10-01 ! between the State of'Florida Department of' Community Affairs and Collier County in substantially the form attached hereto, and authorizes the Chairman to execute and accept the Agreement with all understandings and assurances contained therein, and to act in connection with said Agreement. This Resolution Adopted after motion, second and majority vote. 608 BOARD OF COUNTY COMMISSIONERS COLLIER )UNTY, FLORIDA BY: Pa ~la S. Ma¢'Kie, Chairw¢ ' AGREEMENT #99EM-9X-09-21-10-011 AGREEMENT;; BETWEEN THE STATE OF FLORIDA DEPARTMENI OF COMMUNITY AFFAIRS AND Collier Count' This Agreement entered into by and between the Department of Community Affairs (Grantee) and Collier County (Subgrantee), shall govern certain emergency management-related activities to be financed by the Grantee. ~" THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties agree as follows: I. TERMS OF AGREEMENT. A. This Agreement shall begin on October I, 1998 and shall continue in full force and effect to, and including, September 30, 1999. B. The Grantee agrees to allocate to the Subgrantee the maximum sum of $38,855 which the Subgrantee will match with $38,855 to initiate the successful completion of the activities/projects in the approved five year strategic plan submitted by this Subgrantee and which are applicable to the period of performance of this contract. C. It is agreed that liability of the Grantee under this Agreement shall not exceed the total funds received and allocated by the Grantee for this Agreement. D. The Grantee or Subgrantee may terminate this Agreement for breach of contract, or in the event of non-availability of funds, with such notice as is reasonable under the circumstances. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and subject to any modification in accordance with Chapter 216, Florida Statutes.. Either party may terminate this Agreement without cause by giving thirty (30) days written notice to the other party. E. The Subgrantee, in performing the requirements of this Agreement, shall comply with all applicable laws, rules, regulations, ordinances and codes of the federal, state and local governments. The payment of funding provided by this Agreement is contingent upon compliance with all applicable laws, rules, regulations, ordinances and codes of the federal, state and local governments. Non-compliance may result in the withholding of funds and the suspension and termination of this Agreement. 8 II. REQUIREMENTS AND ASSURANCES A. General Provisions. The Subgrantee hereby assures and certifies that it will comply with all applicable regulations, policies, guidelines and requirements, including 44 CFR (Code of Federal Regulations) Part 13 ("Common Rule") and the Statement of Assurances included as Attachment A to this Agreemeent, 44 CFR Part 302, Office 0f Management and Budget (OMB) Circulars A-87 and A-133, as they relate to application, acceptance and use of federal funds under this Agreement. Subgrantee also certifies it shall comply with chapter 252, F.S., Rule Chapters 9G-6, 9G-7, 9G-11, and 9G-19, F.A.C.. as a condition of the receipt and acceptance of funds under this Agreement. B. Lobbying. ~: I. The Subgrantee certifies, by signing thi~ Agreement, that to the best of his or her knowledge and belief, no federally appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. 2. Pursuant to Section 216.347, FlOrida Statutes, the Subgrantee agrees that no funds from this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. C. Scope of Work. The Subgrantee will comply with the approved "Five Year Strategic Plan", hereinafter referred to as the "Strategic Plan", submitted by the county describing the activities/projects to be accomplished this year under this State and Local Assistance (SLA) Agreement. Such approved Strategic Plan is on file for Subgrantee and has been previously routed for approval with the Subgrantee's Emergency Management Preparedness and Assistance (EMPA) Base Grant. At a minimum, Subgrantee shall complete those tasks identified in its Strategic Plan to be performed during the period ofthis Agreement. Failure to timely complete tasks identified in the Strategic Plan may constitute grounds for withholding funds and suspension and termination of this Agreement. D. Compensation and Financial Reporting Requirements. 1. The Subgrantee shall use the funds available under this Agreement to pay for State and Local Assistance personnel, travel and administrative expenditures. OMB Circular A-87 should be used to provide guidance concerning alloxvable ~and unallowable expenditures. The Subgrantee may receive full reimbursement of all eligible expenditures incurred during each quarter for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed the total allocation shown in Paragraph I.B. of this Agreement.'~ .... ~ 8 16D 2. Expenditure Reports/Reimbursement Requests must be submitted to th.e Grantee on a quarterly basis and are due svithin thirty (30) daY.~ after the end of each quarter. Progress reports must be submitted to the Grantee on a semiannual basis'aec&ding to the requirements set forth in the Subgrantee's EMPA base grant for the same fiscal period. 'A final Close-out Report is due within forty-five (45) days after the termination of this Agreement. The Subgrantee shall not receive reimbursement for final expenditures until the final EMPA progress report is received, previous payments are audited and final approval has been made by the Grantee. 3. An>' acquisitions that exceed SS,000 (each item) must have prior xwitten approval from the Florida Division of Emergency Management (DEM) Director's Office. E. Fiscal and Proeram AccountabHl _ry. The Sub~m'antee must establish fiscal control of subgrant funds and required matching expenditures as required in Federal Emergency Management Agency (FEMA) regulations and OMB Circulars. The Subgrantee ac 'knowledgcs that it has full responsibility for fiscal and programmatic accountability for this subgrant. In the event the Sub_orantee is unable to produce records capable of being audited without reconstruction by auditors, all fun~ls paid under this Agreement by the Grantee to the Subgrantee shall be disallowed anti subject to repayment. The accounting system established and maintained by the Subgrantee must have internal controls adequate to safeguard the assets of the Subgrantee, check the accuracy and reliability ofaccotmting data, Promote operating efficiency and ensure compliance with described management pOI[~:ieS of this Agreement. F. Recording and Documentation of'Receipts and Expenditures. Accounting procedures must provide for an accurate and timely recording of receipt of funds by type of expenditures made from such funds and of unexpended balances. Accounting procedures must be adequate to ensure that expenditures charged to this subgrant are for allowable purposes and that documentation is readily available to verify that such charges are accurate. Failure to create and maintain said documentation may result in the disallowance and recovery of funds. · G. Unexpended Fund~. Unexpended funds which are reflected on the final Close-out Report referred to in Paragraph II.D. above will automatically revert to the Grantee, and the Grantee reserves the right to unilaterally reobligate such funds. H. Obli~,ation of Grant Fund.q. Subgrant funds shall not be obligated prior to the effective date, or subsequent to the termination date, of the subgrant period. Obligations outstanding as of the termination date shall be liquidated within thirty (30) days. Such obligations must be related to goods or services provided and utilized within the subgrant period. 16D 8 I. Retention of'Records. 1. All original records pertinent to this Agreement shall be retained by the Subgrantee for three years following the date of termination of'this A~ement 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. 2. All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements ..and objectives of the Scope of Work shown in paragraph II.C. and all other applicable laws and regulafionS~?:: ~;~;" ~ ~ 3. The Subgrantee, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its public records at reasonable times to the Grantee, 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 Grantee. .I. Audit Requirements. The Subgrantee 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. ~ ' ' 1. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Grantee. "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. ~, :~,,~ ~ · 2. The Subgrantee shall also provide the C-rantee with the records, reports or financial statements upon request for the purposes of'auditing and monitoring the funds awarded under this Agreement. 3. The Subgrantee shall provide the Grantee with an annual financial audit report ~vhich meets the requirements of Sections 11.45 and 216.349, Florida Statutes, and Chapter 10.550, Rules of the Auditor General, and to the extent applicable, the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507 as amended 1996, OMB Circular A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement 4. The annual financial audit report::Shall inClUd~all management letters and the Subgrantee's response to all findings, including corrective actions to be taken. 160 5. The annual financial audit report shall include a Schedule of financial assistance specifically identi~'ing all Agreement and grant revenue by s~ns°dng agency and Agreement number. 6. The complete financial audit report, including all items specifiecl in .1.4. and ~ above, is due on or before April 30, 2000 and shall be sent directly to: Department of Community Affairs · Office of InsPector General 2555 Shumard Oak Boulevard ' Tallahassee, Florida 32399-2100 7. In the event the audit shows that the entire amount of awarded funds, or any portion thereof, was not spent in accordance with the conditions ofthis Agreement, the Subgrantee shall be held liable for reimbursement to the Grantee of all funds not SPent in accordance with these applicable regulations and Agreement provisions within thirty (30)days ~fier the Grantee has notified the Subgrantee of such non-compliance. The Grantee may offset current awarded funds to reimburse for previous year non- compliance. Ifthe Subgrantee fails to pr°('ide th~ r~h'nbuXSement within 30 (thirty) days: then the Subgrantee authorizes the Grantee to deduct the amoUnt to be reimbursed from any funds awarded to the Subgrantee but not. yet released by the Grantee. ~'~' 8. The Subgrantee shall have all audits completed by an independent public accountant (IPA) who shall be either a certified public accoUntant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall ~tate that the audit complied with the applicable provisions noted above. ' ': ~'~ ~ ~: K. Modification of A~eemem. Either par~ may request modificaion of the provisions of this Agreement. Changes which are mutually a~eed upon shall be valid only when reduced to V, Titing. duly si~ed by each of the parties hereto, and attached to the od~nal of this A~eement. 8 L. Notice and Contact. ·. 1. Ail notices provided Under or P 'ursuant to this Agreement shall be set forth in writing and delivered either by hand delivery,, or ftrst Class, ce~ifi~d mall, return receipt requested, to the representative identified below. Said notification shall be attached to the original of this A~eement. 2. The Representative of the Grantee is the Grantee contract manager for this Agreement. Suzanne F. Adams, Bureau of Compliance Planning and Support, Division of Emergency 16D 8 3. The signer of this Agreement or his/her designee shall be the County's. Contract Manager. All communications, wrinen or oral, relating to this Agreement shall be directed to him/her at the following address: Kenneth F. Pineaut CEM Director Collier County Emergency Management Dept. 3301 E Tamiami Trail, Naples, FL 34112 Telephone#:( ) 941-774-8444 4. All payments relating to this Agreement shall be mailed to the following address: Kenneth F. Pineaut CEM Director Collier County Emergency Management Dept. 3301 E Tamiami Trail Naples, FL 34112 5. In the event that different representatives ar~ designated by either party after execution of this Agreement, notice of the name, title' address and telephone number' of the new representative will be rendered as provided in paragraphs L.3. and L.4. above. M. Subcontracts. 1. If the Subgrantee subcontracts any or all of the work required under this Agreement, the Subgrantee agrees to include in the subcontract language binding the subcontractor to the terms and conditions of this Agreement with the Grantee. ' ~. 2. The Subgrantee agrees to language stating that the subcontractor shall hold the Grantee and Subgrantee harmless against all claims of whatever nature which may arise out of the subcontractors performance of work under this Agreement, to the extent allowed by law. 3. If the Subgrantee subcontracts, a copy of the executed subcontract must be forwarded to the Grantee within thirty (30) days after execution. II;, STANDARD C0NOmONS ,~ A. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a proper pre-audit and post-audit thereof. B. Bills for any travel expenses must be submitted in accordance vdth Section 112.061, Florida ,Statutes. 6 160 $ C. Units of deli;'erables, including r~rts' and drafts as specified in Paragraph II.C. of mis Aoreement, must be received and accepted by the contract manager prior to payment. D. The Grantee may unilaterally cancel this agreement for refusal by the Subgrantee to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Subgrantee in conjunction with this Agreement. It is expressly understood that substantial evidence of the Subgrantee's refusal to comply with this provision shall constitute a breach ofcontract.; E. The State of Florida will not intentionallY award publicly-funded contracts to any contractor who kno~vingly 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. ~the convicted vendor list following a F. A person or affiliate who ha~ conviction for a public entity crime maY ~bid On a contract to provide any goods or services to a public entity, may not submif:~Nd 6ii~ ~on~ct with a public entity for the construction or repair ora 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 ofbeing placed on the convicted vendor list. IV. LEGAL AUTHORIZATION The Subm'antee certifies with respect to this Agreement that it possesses legal authority to receive the funds to be provided under this Agreement. The Subgrantee also certifies that the undersized possesses the authority to legally execute and bind Subgrantee to the terms of this Agreement. The Subgrantee acknowledges that the responsibility for complying with tht: approved subgrant award rests with the Subgrantee and acknowledges that failure to do so constitutes grounds for the recession or suspension of'this subgrant and future subgrant awards. IN WITNESS HEKEOF. the Grantee and te Subgrantee have executed this Agreement; FORTHE SUBGRANTEE: , "~,'u ,}FORTHE DEPARTMENT: COLLIER COUNTY, FLORIDA FOR THE GRANTEE: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: Authorized Co, unty Offi~al. ,/;' P Pamela S. Mac gie, Chairwoman Joseph F, Myers / Division Director NameFI'itle Board of County Commissioners Name/Title Date: Date: 59-6000558 Federal Employer ID Number Catalog of Federal Domestic Assistance i~. Number and Program: CFDA//83.534 State and Local Assistance (SLA) (Deputy Cl.erk) Attest Chal an' · ..5~ ' Approved as [o Form and Lega~ Su~c~en~ odas C. Assistant County Attorney 8 Attachment A STATEMENT OF ASSURANCES To the extent the following provisions apply to the award of assistance in tiffs Agreement. as determined by the awarding agency, the Su~grantee hereby assures and certifies that: ,a) ~ It possesses leeal authority to enter ~nto th~s 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 disaster relief funding agreement with the Grantee. including all understandings and assurances contained therein, and directing and authorizing the Subgrantee'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 ofthe 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 ofthe Subgrantee 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 ~vith the program assisted under this agreement. The Subgrantee 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 Subgrantee 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 Subgrantee for eligible contract work completed prior to the date the notice of suspension of funding was received by the Subgrantee. Any cost incurred after a notice of suspension or termination is received by the Subgrantee may not be funded with funds pro~4ded under this Agreement unless previously approved in ~xiting by the Grantee. All Subgrantee 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: (1) Contract Work Hours and Safety. Standards Act of 1962, 40 U.S.C. 327 et seq., requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a 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 m~nlmum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. ' (0':' It will comply with: 160 (I) Title VI ofthe Civil Right~ 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 othenvise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary, to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, 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 sen'ices or benefits; 8 (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 ofpay or other forms of compensation; and election for training and apprentici~ship; (g) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law I01-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; (h) 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, F~; :: (i) 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; 0) It will comply.with the provision~ of 18 USC 594, 598, 600-605 (further known as the Hatch Act) which limits the political activities OfemploYee~/; 8 (k) 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 fom~ of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (I) It ,,,,'ill 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 I01-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; (m) It will, in connection with its performance ofenvironmental 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-I, 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. ~' (3) abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preserxation 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. (4) 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 16g Standards. Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a ~xitten agreement that establishes mitigation and recordation measures, including but not limited to, impacts to archeological sites, and.the salvaee, storage, and reuse of any significant architectural features that may otherwise be demolishe~. (5) Recipient agrees to notify FEMA and the Department if any project funded under this A~eement ,,,,'ill 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 ,,,,'ill 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,~,,.ill make recommendations for the development of a treatment plan for the recovery ofarcheological data from the property. 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 Advisor3' 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 no 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) ofanv 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; (e) if it appears that a project funded under this A~eement will affect a previousIy 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 ora previonsly 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 reasonabte 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. -I (n) It will comply with Title IX ofthe Education Amendments of 1972, as amended (20 U.S.C.: 1681-I 683 and 168:5 - 1686) which prohibits discrimination on the basis of sex; (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention. Treatment and.Rehabilitation Act of 1970, (42 U.S.C. 4:52145-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (la) It will comply with 523 and 527 ofth~ Public Health Service Act of 1912 (42 U.S.C. 290 dr-3 and 290 ee-3), as amended, relating to confidentiality ofalcohol and drug abuse patient records; (q) 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: (r) It will comply with the Energy Poliey 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; (s) It will comply with the Laboratory Animal Welfare Act of' 1966, 7 U.S.C. 213 I-2159, pertaining to the care, handling, and treatment ofwarrn blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title VIII ofthe 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. I18-352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; (w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; (x) It ',viii comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728..4763; (,v) It will assist the awarding agency n assunng eomphance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply xvith environmental standards which may be prescribed pursuant to the National EnVironmental Policy Act of 1969, 42 U.S.C. 4321-4347; (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation A~ of 1966, 16 U.S.C. 469a, et seq; (bb) ' It will eomply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, re~,ardine non-discrimination; 160 (cc) 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; . :~ :~,~,:: (dd) It',','ill comply with the requirements of Titles II and III o£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; (ce) It ,,,,'ill 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; (fl) It '`,,'ill comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 (Wetlands); and EO 12898 (Environmental Justice); (gg) It '`'`'ill comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510: (Nb) It will assure project consistency wit~ the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. !~451-1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. OJ) With respect to demolition activities, it will: 1. 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. ~ ~?~. ~. 2. Return the property to its natural state as though no improvements had ever been contained there on. 3. Furnish documentation of all qualified personnel, licences 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 ProteeqOn and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safer.,, Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to rcmove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site cle~; level ~d free ofdebfis. 7. Noti~ the Dep~ent existing condition which hmpers the contractors work. '~ ~ ,' 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water ',,,'ells or septic tanks are to be dosed along with the number of/,~;'ells located on each site. 10. Comply with mandatory 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 Law94 ,I 11. Comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act [42 U.S.C. 1 $57(h)], Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). This clause shall be added 1 subcontracts. ~ ...... 12. Provide documentation of for demolition activities. DISASTER AGREEMENT 1 DCA AGREEMENT NO._~9.RM.05_09.21_01.335' FEMA PROJECT APPLICATION NO. 021-00000 This Agreement ks between State of Florida, Department of Community Affairs (Grantee) and Collier County, (Subgrantee). In support of the Agreement, the parties state: WHEREAS, the serious and imminent threat of Hurricane Georges resulted in the declaration of a State of Emergency by the Governor: and WHEREAS, Hurricane Georges and its remnants produced disastrous weather conditions Which had a devastating impact upon Florida; and ~' WHEREAS, The~President of the United States has concurred and has declared an emergency (FEMA-3131-EM-FL) for several counties in Florida; and ~.~.. WHEREAS, the Federal EmergencyManagement Agency (FEMA), as a result of the Presidential Declaration, has made available federal funds for disaster relief activities in FEMA-3131-EM-FL; and WHEREAS, the FEMA-State Agreement, defined herein below, governing the use of those funds, and Chapter 98-46, Laws of Florida, in specific appropriation 1230, both require State and local governments and eligible private non-profits to share in the total costs eligible for federal assistance; and WHEREAS, Sections 252.35, 252.36, 252.37, and 252.38, Florida Statutes, authorize the relationship described herein. NOW TF.'EREFORE, the parties agree as follows: 1. DEFINITIONS: unless otherwise indicated, the following terms shall be defined as stated herein. a. "Eligible eme assistance activities,,, as used in'this~..,~, Agreement, means th~ authorized in the FE~,~- State Agreement, as defined herein below; Public Law 93-288, as amended by Public Law 100-707 (hereinafter the "Stafford Act"); and Title 44 CFR, Part 206, and applicable Federal Emergency Management A~ency or State guidance documents. b. "FE¥Ok-State Agreement- shall mean that agreement between FEM,% and the State of Florida, for the Hurricane Georges Emergency Declaration, FErZ~%.3131.EM_FL and all modifications thereto. c. "Emergency Assistance,, shall be defined as that assistance authorized in Titlei?~o~ the Stafford Act and 44 CFR 206 subpart C. d. "Project" shall be"'defined as stated in 44 CFR 206.201(i) . e. "Large Project,, and "Small Project,' shatl be defined as indicated in 44 CFR 206.203{¢). f. "Permanent Work" shall be defined as in 44 CFR 206. 201(g). g. "Emergency Work" shall be defined as in 44 CFR 206. 201 (b). 2. APPLICABLE STATUTES, RULES and AGREEMEI~fS: The parties ~gree to be bound by all terms ~of the FE;~0k-State Agreement and ail applicable state and federal statutes, regulations, 9uidance and handbooks, includin9 but not limited to those identified in Attachments A and C, and the pertinent implementin9 regulations and 9uidance. 3. FUNDING and INSURAI{CE.'..The Grantee shall provide funds to the Subgrantee for eligible emergency assistance activities for the projects approved by the Grantee and FE[Z~A, specifically described in the Project Worksheet(s) (PW[s]). Allowable costs shalI be determined in accordance with 44 CFR §206 and 44 CFR Part 13, and pertinent FEMJ% guidance doCuments. Approved PWs shall be transmitted to the Sub~rantee and shall cumulatively document the specific amount of fundin~ provided, and the applicable scope(s) of eligible work and eligible costs, under this Agreement. PWs may obligate or deobligate funding, thereby revisin~ the total amount of authorized funding. PWs document the total eligible costs and the total Federal share (100~ for eligible emergency assistance provided durin~ a FEMA specified 72-hour period, and 75% for all other eligible emersency and debris removal work) of those costs. Contingent upon an appropriation by the Florida Legislature, the Grantee agrees to provide one-half of any non-Federal share (12:~% of total eligible costs outside any FEM~A specified 72-hour emergency period). As a condition of receipt of this funding, and contingent upon an appropriation by the Florida Legislature where required, the Subgrantee similarly agrees to Provide one-half of any non- Federal share (i2M% of total eligible costs outside any FEM~ 16E s~ifie~ 72-hour emergency period).~ Sub~rantee agrees that the Gran~ee is authorized to wit.,hola~ f~n~'s' otherwise payable to Subgrantee, from any agreement istered by the Grantee, · by the Grantee °~EM~%, or any auditor, that.funds have been provided to ~S~b~rantee pursuant to this Agreement, or any other disaster r ef funding agreement administered by the Grantee, in excess ligible costs. final payment of jletion, submission of funds will be made only after project all required documentation, final · ns~ection,, and a~request for final reimbursement. Permanent Wo.k is not eligible for reimbursement under this Agreement. :ia 4. DUPLICATION OF BENEFIT~ PROHIBITION: In accordance with t~provisions'~]t~i~it of Section 312 '~'f ~ ~.. r the'Stafford'i" Act,~ duplication of ben~-~its is prohibited. The Subgrantee shall notify the Grantee, as~oon as practicable, of the existence of any insurance coverage for the damage identified on the PW, and of any en~t~tlement or recovery to payments from any other source, for th~projects described in the PW(s). Eligible costs shall be re~ced by the amount of d~plicate sources available. The S~rantee shall be liable to the Grantee to the extent that the rantee receives duplicate benefits from another source for purposes for which th~i;!!Subgrantee has received payment Grantee. The Subgrangee shall immediately remit to the tee any duplication of benefits payment received by the ! 1 ~b~rantee. 16E 1 In the event the Grantee determines a duplication of benefits has occurred, the Subgrantee hereby authorizes the Grantee or the Comptroller of the State of Florida to take offset action against any other available fundin~ due the Sub~rantee. The Comptroller is authorized to pay such offset to the Grantee upon written notice from the Grantee. 5. COMPLIANCE WITH ENVIRONMENTAL, PLA/~NING AND PERMITTING LAWS: The Subgrantee shall be responsible for implementation and completion of the approved ects described in the PW(s) in a manner satisfactory to the Grantee,. and in accordance with applicable federal, state, and local statutes, regulations, plans, and policies. Any development authorized by, any development order issued by, 9~Y permit issued by, or any ce elopment activity undertak~y, ithe Subgrantee, and any land use e m ~ :?'~ p ritted by or engaged in"~y the Subgrantee, 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. ~he Subgrantee 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 pertinent water Management District, the ..Florida Department of Environmental Protection, the Florida Department of Health, and any Federal, State or local ?5 e~vironmental or land use author~ty,~' ~.~he[e' required,. In addition, Sub~rantee shall comply with other ~.ec_ral and state environmental laws, statutes, regulations, and guidance including, but are not limited to, those identified in Attachments A and C ,~i~,~ ..... Subgrantee further agrees}to provide and maintain competent and adequate engineering or other supervision at all construction or work sites to ensure that the complete work conforms with the approved plans, specifications, and scope of work. 6. REQUIRED DOCUMENTATION; REVIEW/INSPECTION: The Subgrantee shall create and maintain acceptable documentation of work performed and costs incurred with respect to each project identified in connection with a PW. Failure to create and 1 maintain proper documentation will result in the disallowance of funding, and require the refund of funds previously reimbursed or advanced, including an interes= penalty. For all Large projects, the Subgrantee shall submit: (a) a request for reimbursement of actual costs (see Attachment D); (b) a Summary of Documentation (See Attachment E) which shall be supported by, but not attached, all appropriate backup documentation (e.g. invoices, canceled checks, daily activity rep6rts, payroll records, time sheets, executed contracts, receipts, purchase orders, billing statements, etc.); and (c) a request for a final inspection. For all projects the Sub~rantee shall certify, on the P.4 Project Listing, that all work and costs claimed are eligible in ~ce with tf Grant cond 6 all work claimed has I 16E ' been completed, and all costs claimed have been paid in [u11. The Sub~rantee shall also enter, the date the work was comple:ed and the amount claimed for each PW on the. Project Listing. The 1 Grantee will inspect Small Projects on a random basis. The Grantee will schedule and perform the final inspections on Large Projects, and review the Project Listing for Small Projects or inspect the project, to ensure that the work was performed within the scope of work delineated on the PW(s). Costs of any work not performed within the approved scope of work shall not be eligible for funding. 7. COST SHARING: The disaster 'relief funds for eligible costs indicated on the PW(s) and described in this Agreement shall be shared in accordance.with the cost sharin9 provisions established in the Stafford Act, the FEar,-State Agreement, and Chapter'98-46, Laws of Florida, Specific Appropriation 1230. PW(s) document the total eligible costs and the total Federal share (75%, or 100% for eligible emergency assistance provided during a FEM~ specified 72-hour period) of those costs. The Grantee agrees to provide one-half of the non-Federal share (12~% of total eligible costs outside the FEM~ specified 72-hour/100% period). As a condition o~ receipt of this funding, the Subgrantee similarly agrees to provide one-half of the non- Federal share (12~% of total eligible costs outside the FEr*~ specified 72-hour/100% period). Administrative costs which accordin9 to the schedule are in addition to and not part of the PW(s) eligible costs, and are otherwise eligible under 44 CFR '~¥:; 20~.228 and involve no required match, be fun~ed by FE~.~. 8. PA~E~ OF CLAIMS: a. S~/~LL PROJECTS: The Grantee shall make payment to 1 following: (1) a Request For AdVance or Reimbursement Form (See Attachment D); (2) a Summary of Documentation Form, (See Attachment E) listing the PW ~, identifying the audit ready documentation that exists to support the payment request, identifying the dollar amounts of each eligible cost, and idefitifying the 8ub~rantee ~ o~n in~ernal reference number proT~din~--~' a brief sTnop~i~ of the request, and certifyin~ tha~ ~h~Lreported wO~~ costs were incurred in the performance of eliDible ~~~Ja o' ~V~OES: This SubDrantee may, at the discretion of. ~ r ntee,t be paid an advance of funds, provided that the S :antee: (1) demonstrates and maintains the willingness and ab ty to maintain procedures to minimize the time elapsinD begw~en ghe transfer of funds and their disbursemeng; (2) submits da~a on which the requests.is based; (3) submits a statement explaining the necessity for and proposed ~: the funds, and specification of ghe amount requested; and receipt from FEr/~ of the pertinent approved PW(s). b. LARGE PROJECTS: The payments for Large Projects will be on a cost reimbursement basis and subject to receipt of the (4) submits a completed Request Form. Advance or Reimbursement After any advance, and in the event no advance is 1.6E provided, all payments shall be on a cost reimbursement basis. Subgrantees shall promptly, but at least quarterly, remit interest earned on advances to FEM,%. (if any) to the Grantee for remittance d. WITHHOLDING OF FUNDS: The Grantee may, in-its sole discretion, withhold a percentage of funding (up to 12.5% of total project funding, the full non-federal share paid by the State) provided under this Agreement in order to protect against subsequent adverse determinations by FEFJ~ regarding previously authorized or disbursed grant funds. 9. FINAL PAYK. EI{T: The final payment will be made only after project completion, submission of all required documentation, final inspection (Large Projects), review of P.4 Project Listing and/or inspection (Small Projects), and a request for final reimbursement. RECORDS F~INTENANCE: The Subgrantee agrees to maintain all records pertaining to the projects described in the PW(s) and the funds received under this Agreement until all issues relating tO the inspection and finai audit have been completed, and any action or resolution of outstanding issues have been completed. In no event will such records be maintained for a period of less than three (3) years from the date of the final payment under this Agreement. Access to those~records must be provided at reasonable times to the Comptr¢ General of the United States, 9 16E 1 amount of actual eligible costs, the Subgrantee shall, within forty-five (45) days of receipt' of the determination notice, its employees and~agents, and to FEF2%, its employees ll. RECOVERY OF FUNDS: If the final inspection, audit, or other review by FEIMA, the State, or any other authorized entity determines that payment made under this Agreement exceeds the repay the Grantee the amount determined to be in excess of the actual costs. 12. AUDIT: a. Subgrantees shall submit an Audit of Agreement Compliance to the Grantee as provided herein'"~ If the Subgrantee expends $300,000 or more in Federal awards in its fiscal year, then the Subgrantee shall have an audit conducted. This audit will be performed by an independent Certified Public Accountant or other entity independent of the Subgrantee in accordance with.the standards of the Comptroller General as specified in the General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and F~nctions, and generally accepted auditing standards established by the American Institute of Certified Public Accountants. The aareement Dumber of this qrant must be ~denti~i~d wi~h the audit submitted. Such audit shall also comply with the requirements of Sections 11.45, 216.349, and 216.3491, Florida Statutes and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 1984, as amended, 31 USC 7501 through 7507, and OMB Circular A-~33, as revised jun"g'i~24; f:~997, 'or thereafter. If the 16E Subgrantee is a private non-profit organization, it shall s,'-bmit an organization-wide audit. All audits are due not later than seven (7) months after the termination ity's fiscal year. If the Subgrantee 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 is not required, but an audit may otherwise be required under Section 216.3491, Florida Statutes, and rules adopted pursuant thereto. b. The Grantee may require the Subgrantee to undertake such further or additional audits as determined necessary or appropriate including, but not limited to, past and current organization-wide audits. Such audits may be necessary to determine the adequacy, accuracy, and reliability of the .Subgrantee,s internal controls, fiscal data, and management systems established to safeguard the Sub~rantee,s assets and to ensure compliance with this Agreement. c. If this Agreement is closed out without an audit, the Grantee reserves the right to recover any disallowed costs identified in an audit after such close-out;ii= 13. NONCOM. PLIA~CE: If the Subgrantee violates any of the conditions of disaster relief assistance under the Robert T. Stafford Act of 1988, Public Law 93-288 as amended by Public Law 100-707, the FEM, A-State Agreement, 'this Agreement, or applicable state law or applicable state ~r federal regulations, including those noted herein, additionali~financial assistance for the project in which the violation occurred will be withheld until such violation has been corrected, or the Grantee may take any o~her action that is legally available. 14. NOI~DISCRIMINATION/cOh~rRACTORS: maintain an active program of nondiscrimination in disaster assistance as outlined in 44 CFR, Parts 7 and 16, and 44 CFR Section 206.11. The Subgrantee shall comply with federal regulations concerning the General Services Administrative The Subgrantee shall 16E 1 Consolidated List of Debarred, Suspended and Ineligible Contractors, as provided in 44 CFR Part 17. 15. MODIFICATION: Either party may request modifications to this Agreement, except for scope of Work to be completed on the PW(s) and the time limitations for performance of the work which are subject to modification in accordance with separate procedures 9overned by FEM~ regulation. ~,od~flcat~ons to the terms and conditions of this Agreement shall be proposed in writing by either party and become effective only upon execution by both parties.. Modifications to any PW or the time for performance of eli9ible work shall.be requested through the Grantee, approved solely at the discretion of FE~Z~ and shall be reflected in a supplemental PW or time extension approval. Modifications to a PW shall not be reflected in a modification t~'thlS Agreement. If otherwise allowed ~nder this Agreement, any extension shall be in writin~ and shall be subject to the same 'terms and conditions set forth in the initial Agreement. There shall be only one extension of the A~reement . ': unless the failure to meet the criteria for completion is due to events beyond the control of the Subgrantee. · All activities funded under this Agreement shall be timely performed and completed. In accordance with 44 CFR 206.204, and extension by the Governor's Authorized Representative (G~) or the Federal Regional Director, the term for performance of debris clearance or ., . emergency work is six (6) months from the date of the declaration "' of a major disaster or emergency. Permanent work is not authorized under this Agreement. Time extensions may be granted ? on an individual basis, in accordance with 44 CFR 206.204 If any extension request is denied, the Subgrantee may be reimbursed for eligible project costs incurred up to the latest approved ~:~...i~:: completion date. Failure to complete the project will result in ' the denial of funding for that project. 17. COI~TRACTS WITH OTHERS: If a Subgrantee contracts with any other entity (herein after "contractor,,) for performance of any of the work required under this Agreement, the Subgrantee agrees to include in the contract that the Contractor is bound by the terms · 'i'' and conditions of this Agreement with the Grantee, and to provide the contractor with a copy of this Agreement. The Subgrantee further agrees to include in the contract that the contractor shall hold the Subgrantee and the Grantee harmless against all claims of whatever nature arising out of the performance of the ii',' work by the contractor under the ' ~ ' · contract. To the extent that the Subgrantee has outstanding, uncompleted, contracts for work for which reimbursement will be requested under this Agreement, Sub~rantee agrees to use its best efforts to modify said contracts in accordance with this paragraph.. . 18. TERMINATION: Either party'may request termination of this ¸13 Agreement, in writing, to the party's representative who executes this Agreement. 1 termination may be accomplished by mutual agreement of the parties, effective thirty (30) days after an executed modification to effect termination. (a) '/'he Grantee assumes no li&bility whatsoever to tAird parties as a result of this Agreement. Unless the Subgrantee is a State agency or subdivision as defined in Section 768 28, Florida Statutes, the Subgrantee shall be soi~ly responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall indemnify and save the Grantee and the State of Florida harmless against all claims, suits, liabilities and damages, of whatever nature, arising out of the performance of activities funded or contemplated under this Agreement. For purposes of this Agreement, Subgrantee agrees that it is not an employee or agent of the Grantee but is an independent contractor. (b) Any Subgrantee which is a State agency or subdivision, as defined in Section 768.28, Fla. sta~,, agrees to be fully responsible for its negligent acts or omissions or tortious acts, and agrees to be liable fo~ any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Subgrantee to which sovereign immunity applies. Nothin~ 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 ar: ~ out of the performance of this Agreement. 16E (c) Sub~rantee represents and warrants that hazardous and :oxic materials, if present locations where the scope(s) of work will be performed, are at levels within regulatory limits and do not trigger action required by Federal, State or local laws or regulations. Subgrantee further represents and warrants that household hazardous waste meet the definition set forth in 40 CFR shall be handled in a manner which meets all Federal, State and local laws and regulations. Subgrantee further represents and warrants that the presence of any condition(s) or material(s) on site, which is subject to Federal, State or local laws and regulations (including but not limited to: above ground or underground storage tanks or vessels, asbestos, pollutants, irritants, pesticides, contaminants, petroleum products, waste, chemicals, and septic tanks), shall be handled and disposed of in accordance with the pertinent requirements. >~..~.. 20. REPORTS: The Subgrantee shall provide quarterly progress reports to the Gran=ee, using _~!e a:~ached Quarterly Report Form, Attachment F. Refer to the "Quarterly Report Schedule and Instructions,, (Attachment G) for the due date of the first report. Reports are due quarterly thereafter until the work has been completed and approved through final inspection. 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 ~reasonab!y anticipated to result in noncompliance with the terms 16E · of' the grant award. Interim inspections shall be scheduled by the Sub[trantee prior to the final inspection and may be required by the Grantee based on ~nformat~on~supplied in the quarterly reports. The Grantee may require additional reports as needed. The Sub[Irantee shall, as soon as possible, provide any additional reports requested by the Grantee. The Grantee contact will be the ~State Public Assistance .... ' officer, for all reports and requests for re imbu r s ement. 21. STANDARD CONDITIONS: The Subgrantee further 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, or the provision of funding to the Grantee pursuant to Section 252.37, Florida Statutes. b. Bills for fees or other compensation for services or expenses mus~ be submitted in detail sufficient for a proper pre and post audit thereof. . c. The Grantee may unilaterally cancel this Agreement for refusal by the Subgrantee or its contractors to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Subgrantee or its subcontractor in conjunction with this Agreement. It is expressly understood that substantial evidence of the Subgrantee's or their contractor's refusal to comply with this provision shall constitute a breach of contract, and constitute grounds for termination. 1 d. Pursuant to Section 216.347, Florida Statutes, and applicable federalflaw, the Su~antee agrees that no funds from ].~: /this Agreement wilI be expended'for the Purpose of lobbyin9 the Legislature, state agency employees, Members of Congress, officers or employees of Congress, or an employee of a Member of Congress in connection with the awarding of this Agreement or any amendments or modifications of i'~this Agreement e. The Sub~rantee ce~~fies'with respect to this ~'~/Agreement that it possesses the legal authority to receive the funds. f. The Sub~rantee shall comply with any Statement of Assurance attached hereto, which'~shall be incorporated herein. The Subgrantee acknowledges that the responsibility for complyin9 with the approved sub,rant award rests with the recipient Subgrantee and acknowledges tha~ failure to do so constitutes 9rounds for the recision or suspension of this subgrant and may influence future sub,rant awards g. The S~ate 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 274Ale) of the Immigration and Nationality Act ("INA'') ] . ~The Grantee shall consider the employment by any Subgrantee or contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the "~ Grantee. h A person or affiliate who has been placed on the vendor list followin, a,conviction for a public entity may not submit a bid on _a contract to provide any goods or · ,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 list. 22. TERI4: This Agreement shall begin upon the date last signed and shall end upon receipt of official closing documentation from FEI4A unless terminated earlier in accordance with the provisions of this Agreement. Subgrantee agrees to promptly commence and to expeditiously complete the scope of work identified herein. Ail work shall be completed within six months of the date of the Emergency declaration (September 25, 1998) or prior to such deadline as established by the GAR or 'the FEM,, whichever is later. 23. NOTICE AND CONTACT: Ail notices under this Agreement shall be in writing, delivered either by hand delivery or certified mail the representative and address below: 18 FOR THE GRANTEE: Joseph F. Myers, GAR State Public Assistance 2555 Shumard Oak Blvd Tallahassee, Florida 24. DEFAULT; REMEDIES; TERMINATION a. If any of the following events occur ("Events of Default"), all obligations on the part of the Grantee to make any further payment of funds hereunder shall, if the Grantee so elects, terminate, and the Grantee may at its option exercise any of its remedies set forth herein, but the Grantee may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the SubDrantee in this A~reement or any previous Agreement with the Grantee shall at any time be false or misleadin~ in any respect, or if the Subgrantee shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Grantee and has not: cured sucl~ in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the ',:~'~ financial condition of the Subgrantee at any time during the term of this iAgreement from the financial condUCtion revealed in any reports filed or to filed with the Grantee, and .antee fails to cure said material IIII .......... .... 16E within,~, :hir:y (3~~/from~~. the time the date written ~no~ice is sent by the Grantee; 3. ~[ An~ re~orts re.ired b~ this Agreement have not been s~m[tted to the Grantee or have been s~mitted with incorrect, incomplete insufficient info~a~ion; or~/~:-~.. 4. I[ the necessa~ ~unds are not available to [und this agreement as a result o~ action ~y ConBress. the ~egislature, the of the Comptroller or the Office of Management and Budget. b. Upon the happenin9 of an Event of Default, then the Grantee option, upon ~ritten not/ce to the Subgrantee and upon the failure to timely cure, exercise any one or more of the remedies, either concurrently or consecutively, and the pursuit -of any one of the following remedies shall not preclude the Grantee from ~/pursuin~ other remedies contained herein otherwise law any or provided at kor in equity; :~:~.~ 1. Terminate reement, provided that the Subgrantee .:.?~is given at least fifteen (15) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postag~ prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (23} herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any par~ of a 4. Exert[se any corrective or remedial actions, to include 1 ....... 16E 1 but not be limited to, requesting additional information from the Subgrantee to determine the reasons for or the extent of non-compliance or lack of perfor~..ance, issuing a written warning to advise that. more serious measures may be taken if :he situation is not corrected, advising the Sub~rantee to suspend, discontinue or refrain from incurring costs for any activities in .cues:ion or requiring the Sub~rantee to reimburse the Grantee for the amount of costs incurred for any items determined to be ineligible; and 5. Exercise any other rights or remedies which may be otherwise available under law. c. The Grantee may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misrepresentation in the grant application; misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Sub~rantee to permit public access to any document, paper, let:er, or other ~'material subject to disclosure under Chapter 119, FS, as amended. - d. Suspension or termination constitutes final Grantee action under Chapter 120, ~, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. However, any deobligation of funds or any other determination made by FEM~ shall be addressed as provided in 44 CFR 206.206. e. The Sub~rantee shall return funds to ~h_ Grantee if found in non-compliance with laws, rules, regulations governing the use of the funds or this A~reement. f. Notwithstanding the above, the Sub~rantee shall not be ': relieved of liability :o :he Grantee by virtue of any breach of Acreemen: - by the Sub~ran:ee. The Grantee may, to the extent authorized by law, wi:~old any pa}~en:s ~o the S~ran:ee for purpose of set-off un:il such time as :he exact amo~: of da~ges due ~he Grantee from :he Subgran:ee is dete~ined. In the even: the .deobligates funds previously authorized ~der this Agreement, or under any other FEF~ funded agreement administered -~ by the Division, then S~grantee shall i~ediately repay said funds to the ~ Grantee If Subgrantee fails to repay said funds, then S~9rantee .,~ authorizes ~he Gran~ee :0 recoup said funds from fundin9 otherwise available ~der this Agreemen~ or under any other 9rant Agreement with Subgrantee administered by the Gran:ee. ( 2 5 ) A TTA CFL~ ENTS a. All attachments to this A~reement 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. c. This Agreement has the following attachments: Attachment A Attachment B Attachment C Attachment D Attachment E Attachment F Attachment G Program Statutes and Regulations Lobbying Prohibi:ion/Certification Statement of Assurances Request for Advance or Reimbursement Summary of Documentation Florida Public Assistance Quarterly Report Quarterly Report Schedule and Instructions~ 22 16E 26. DESIGNATED AGENT: The Subgrantee hereby authorizes: Michaei Smykowski, Budget Director, as 1cs'pr:[mary des±gneted agent and Hiche[le M. Johnssen, Budget Ana[yst, as its alternate des±gnated agent., to execute Requests fo~ Reimbursement, necessary cer[i~ica~±ons and othe~ supplementary documentat±on. ' IN WITNESS HEREOF, the G~antee and Subgrantee have executed this .. ~'' FOil TIlE SUBGRANTEE: "'~f~ ........ ~ FOB THE GRANTEE: COLLIER COUNTY GOVERNMENT STATE OF FLORIDA DEPARTMENT OF COMMUNZTY AFFAIRS ..... pY: .... _ ' ~??'. . ~. /"~,. / . , , , - ?~ ?:""¢", 4osepn F. Nye~s ~' /-;~'~ uoa~d of County Co~ss~one~s ?'~;~::" ?~ 'G°ve~no~'s Auth~ ~zed Representative Date: Subg~antee,s Federal Emp[oyo= Federal Domestic Assistance 883.544 1 II ..... ~.'~ ATTAC~4ENTA D ~ar__es to this Agreement and"the Public Assistance and Fire SuppressiOntutes andGran~re~ulations:Pr°~rams are generall~ governed by the followin~ (1) The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5121, et seq; 44 '~_qkh/ parts 6,17, 16, 17, 18, 25, 206, 220, and 221~.~and any/other applicable FEM~ po--cyl~ memoranda, handbooks and guidance documents; State of Florida Administrative Plan for the Public Assistance Grant Program; and (4) All applicable laws and regulations delineated in Attachment C of this Agreement. LOBBYING PROHIBITION · The undersigned certifies, to the best of his cr her knowled=e and belief that: ' _ (a) No Federal appropriated funds have been maid or will be paid, by or on behalf of the undersicned] to any person for influencing or attempting . to influence either directly or indirectly an officer or employee cf any state or federal agency, a member of the Florida Legislature, a ~Z. ember of Congress, an officer or employee of Congress, or an employee of a Mem/)er 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, cr modification of any Federal contract grant, loan, cr cooperative acreement. ' (b) if any funds ~ther than Federal apprc.uriated funds have been paid or will be paid to any person for ~-= . · -..~luenclnc ... attemp:inc to influence an ,',~--.- -.- - - or -~-----, ~.. ~-*u=r or employee of Congress, or an employee~of a Member of Congress in connection with this Federal contract, grant, loan, or ,;~i cooperative agreement, the undersicned shall complete and submit Standard Form-L. "Disc!cauSe ?cfm to Report Lobbying,,, in accordance with i~s instructions. (c) The undersigned shall recuire that the language of this certification be inc!ude~ in the award documents for all subawards at all tiers (includin~ and contracts under ,cra.~ts, loans,subc°ntracts' subgrants, and cooperative agreements} and that all subrecipients shall certify and disclose accordingly. ' This certification is a material re r · which reliance was ._ P esentat~ve of fact u o · . . placed when this t . . . p n 1nto. Submission of this .... :~: .... ran.sactlon ~.as mace or entered · i, ' ~=~.~c.anzon lsa prerequisite for making or entering "nto thms transaction lmDosed by section 1352, title 31, U.S. Code. Anuy persons who fails to-file t shall .be~,sub]ect to a civil Ime.,T~lt,, of ~O- ,he rej.ulre_d certification more than/ $100,0D0 ~ e-_~ 's~~ilu u ~ess than $10,000 and not r '- . - ' / T~ped Nlme and TfZle ATTACFD4ENT C 16E STATE!/.E~ OF ASSURA_~CES Sub]rantee hereby assures and certifies that: It possesses legal authority~tO enter into this agreement, and to execute the proposed program;~. ~ Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the execution of the disaster relief funding agreement with the Grantee, including all understandings and assurances contained therein, and directing and authorizing the Subgrantee's chief executive officer or designee to act in connection with the application and to provide such additional information as may be required; No member of or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement or to any benefit to arise from the same. No member, officer, or employee of the Subgrantee 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 pro~ram during ~ .-:- his tenure or for one year thereafter, shall have any interest ~,~. .~, .~.?. ~ ...... ~'~>:, direc: or indirect in any contract or subcontract, or the ~'.'::~J~ proceeds thereof, for work to be performed in connection with the ._. program assisted under this agreement. The Subgrantee shall .......mncorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes stated above; All Sub~rantee 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 Subgrantee for eligible contract work completed pri~r to the date the notice of suspension of funding was received by the Subgrantee. An}, cost incurred after a notice of suspension or termination is received by the Subgrantee may not be funded with funds provided under this Agreement unless previously approved in writing'by the Grantee. All Sub~rantee contracts shall contain provisions for termination for cause or convenience and shall provide for the method of pa}~ent in such event; (e) it will comply with: (1) Contract Work Hours and S~fety standards Act of 1962, 40 U.S.C. 327 et seq., requi~ing~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 e;:cess of forty 16F 1 .n a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work- week. It will comply with. ~ ::-(1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, 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) An}, prohibition against discrimination on the basis of age under the Age Discrimination Ac~ of 1975, as amended (42 U.S.C.:i 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 agains= 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 Subgrantee agreesto ~e Americans With Disabilities Act (Public Law~336,},42 U.S.C. Section 12101 et , where applicable, whiCh~proh!b~ts discrimination by public C - 2 and private entities on the basis of disability in the areas cf emplo}-ment, public accommodations, transportation, State and local govern~nent services, and in telecommunications; It will establish safe~ to prohibi~ e=ployees from using positions for a purpose tha~.'is or give~ the appearance of being motivated by a desire for private ~ain for themselves or others, particularly those with whom they have family, business, or ot'n~.~ 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 wa~es in federally financed or assisted construction It will comply with the proViSions of 18 USC 594, 598, 600-605 (f/k/a the Hatch Act) which limits the political activity of employees; (k) 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 4cquisition 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; (1) It will require every building or facility (other than a iiii~ilji~~=~privately owned residential structure) designed, constructed, or ~'"~ altered with funds provided.under this Part to comply with the ~iiiiiii~?ii~ii/il "Uniform Federal Accessibilxty Standards," (AS) which is Appendix ii~ ii! A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 gFR Part 40 for residential structures. The Subgrantee 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: (~) Consulting with the State Historic Preservation Officer to identify properties listed in or eligible for inclusion in the National Re~is~er of Historic Places that are subject ~o adverse effects (see 36 CFR Section 800.8) by the proposed activity; and ~ . Comp!yin~ with all requirements established by tke State to avoid or mitigate adverse effects upon such ~rcperties. (3) (4) (5) F~iding by the terms and conditions of the "Program=,atic Agreement Anmong the Federal Emergency ~:anagement Agency, the Florida State Historic Preservation Office, the Florida Department of Com~nunity 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)i~i%i16 U.$.C. 470f, and implementing regulations in 36 CFR part 800. When any of Subgrantee's projects funded under this Agreement may affect a historic property, as defined in 36 CFR 800.(2) (e), the FEM~ may require Subgrantee 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 forRehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidellnes) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards, if FEI.~ determines that the eligible scope of work will not conform with the Standards, Subgrantee agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recordation 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. Subgrantee agrees to notify FEMA and the Department if an5, project funded under ~this Agreement will.involve ground disturbing activi~e~ including, but no, limited to: subsurface disturb'anco; removal of trees; e~:cavation for footings and found'arians; 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. FE..'zJ~ will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The S?.PO will advise Subgrantee 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 archeol6~icaI data from the property. If Sub~rantee is unable to~.~avoid the archeological property, C-4 develop, in consultation with the SHOO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties." Subgrantee shall forward.information regarding the treatment plan to FEaZe, the SHPO ~nd the Council for review. If the SHPO and the Council d°'~nO object within 15 calendar days of receipt of the treatment plan, FEM~ may direct Subgrantee to implement the treatment plan. If either the Council or the SHPO object, Subgrantee shall not proceed with the project until the objection is resolved. (6) Subgrantee shall notify the Department and FEIZ~A 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 PW 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. Subgrantee acknowledges that FErZ~ may require Subgrantee 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 learnin~ that construction may affect~.a known historic property in an unanticipated manner. Subgrantee further acknowledges that FE[ZA may require Subgrantee to take all reasonable measures to avoid or minimize harm to such property until FEIZ~ concludes consultation with the SHPO. Subgrantee also acknowledges that FEr/~ will require, and Subgrantee shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Subgrantee acknowledges~that, unless FE[Z~ specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Subgrantee intentionally and pignificantly 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 USC 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; · ( ) It. will comply with 523 and 527 of the Public Health ~ ~ ..... S_.v.ce Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, re!atin~ to confidentiality of alcohol and dru9 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; ~i<(r) It will comply with the Energy PoliCy and Conservation Act (P.L. ~ 94-163; 42 USC 6201-6422), 'and the provisions of the state Energy ~i~i Conservation Plan adopted pursuant thereto. (s) It will comply with the Animal Laboratory Welfare Act of 1966 7 USC 2131-2159; ' (t) It will comply with the Civil Rights Act of 1968, Title VI and VIII, 42 USC 2000c and 42 USC 3601-3619. (u) It will comply with the Clean Air Act of 1970 as amended 42 USC 7401-7642; ' , (v) It will comply with the Clean Water Act of 1977, as amended, 42 USC 7419-7626; (w) It will comply with the Davis-Bacon Act, 40 USC 276a; It will comply with the Endangered Species Act of 1973 16 USC 1531-1544; ~ ' It will comply with the Intergovernmental Personnel Act of 1970 42 USC 4728-4763; , (z) It will comply with the National Historic Preservation Act of 1966, 16 USC 270; (aa) It will comply with th~ National Environmental Policy Act of 1969, 42 USC 4321-4347; (bb) It will comply with the. Preserva=ion of Archeological and Historical'Data Act of 1966, 16 USC 469a, et seq; (cc) It will comply with the Rehabilitation Act of 1973 Section 504 29 USC 794; ' , (dd) It will comply with the Safe Drinking Water Act of 1974 42 USC 300f-300j; .~ .(ee) It will comply with the Uniform Relocation Assistance and ....~ Property Acquisition Policies Act of 1970, 42 USC 4621-4638; It will comply with the wild'~and Scenic Rivers Act of 1968 16 USC 1271-1287; and ' C-6 1 II ) It will comply with the fo ExeCutive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain ICanagement); and EO 11990 (Wetlands); and EO 12848 (Environmental Justice). (hh) It will comply with the Coastal Barrier Resources Act of 1977, 16 USC 3510. ~ ~ i~ii!: ii It will comply with the Coastal Zone Management Act of 1972, 16 ii': i:i !ii~!:, USC 1451-1464 ~:~ It will comply with the Fish'and Wildlife Coordination Act of 1958; 16 USC 661-666. (kk) With respect to demolition activities, it will: 1. Create and mak~ available documentation sufficient to demonstrate that the Subgrantee and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained there on. 3. Furnish documentation of all qualified personnel, licences and all equipment necessary to inspect buildings located in Subgrantee,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: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Subgrantee to remove asbestos and lead from-demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all. required permits. 9'i:'' Provide addresses and :ed 'maps ~for each site where water s or septic tanks are to"~be clbsed along with the number of wells located on each site. ~, : ' 10. Comply with mandatory standards and policies relating to ~ - energy efficiency which are contained in the State energy · . ..conservation plan issued in compliance with the Ener_c%, Policy and Conservation Act ( Public Law 94 -163). 11.. Comply with all applicabl. , orders, or reqUirements issued under 06 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508~0f.th~ Clean water Act (33 U.S.1368), Executive Order 11738, and the U.S. Envirornnental Protection Agency regulations (40 C.F.R. Part 15). This clause shall be added to any subcontracts. 12. Provide documentation or, public notices for demolition activities. ATTACI I.MENT D Request for Adv,.nce or Rcimbursem.nt for Public Assistance Ffinds SUBG RANTEE NAM E: ADDRESS: DEC NO: FEMA- PA ID NO: -FL PAYMENT NO: DCA AGREEMENT NO: DSR DCA USE ONLY ELIGIBLE PREVIOUS CURRENT ,, AMOUNT PAYMENTS REQUEST APl'ROVED FOR PAYMENT COMMENTS DSR#., CATEGORY % COMPLETE, DSR# CATEGORY % COMPLET£ .... DSR# C^TS'OOR¥ % COMPLETE DSR~.,, CATEGORY % COMPLETE,, DSR# CATE'GORY % COM PLEI~E' TOTAL CURRENT REQUEST $ i eenlfy that tim the best of my 'knox,.ledge a~d belief the above aecounla are correct and that all disbursements were made in accordance whh all conditions office DCA agreement and payment is due and has not been previously requested for fl~cse amounta. SUBGRANTEE SIGNATURE NAME AND TITLE I)ATE: 'APPROVED FOR PAY3{EN'T ADMINISYRATIVE COST TO BE COMPLETED DY DEPARTMENT OF COMMUNITY AFFAIRS (DCA) 7 · $ $ TOTAL PAYMEI~T GOVERNOR'S AUTHORIZED REPRESENTATIVE DATE Applicant AIT.'~C}~.dEN'J' E PAGE OF FLOR.IDA DIVISION OF EMERGENCY MANAGEMENT SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER \VORK 16E PAGES Disaster No. .F, EM A- 1249 -DR-FI. FEMA-3131 -EM-FI. DCA Agreement No. PA 1D No. DSR No. _ i A separate form will be prepared for cach DSR. List D~umen~t~ zp~h:~ o~ ned cqm~:n: ~ ~me of ~e~or or con~'J:mr) by calrgo~ ~ COsu I:~ item TOTAL GRAND TOTAL- PAGES OF PAGES E-I o ~ ~. 1 FLORIDA DEPA.RTi]ENT OF CO,,",~IMUNI'I"Y AFFAIRS DIVISION O17 1¢511£}.~GI:Y, NC¥ hL, iNAGEMENT QUA_RTEPd_,Y REI O](I SCI-I :,DUL]:~ A.NJ) INSTRUCTIONS .... Quarterly Progress Rcporls nrc J'cquircd by lhc Disaster Funding Agreements for all subgrantecs until lheir Damage Sm-veT Report 0DSR) projects arc completed. Subgran'~cc report:, arc ~'eviewed by lhe Grants Manager, then consolidated by fiisastcr event (declaration numbc0 and roT'warded to FEMA Region IV as rcqui~cd by the FEM/~Slate Agrcc~ncnt for each.4;s;,~:.. ,..~.~,. .... 'fi~,e ,.,,,:~c, ~.,. rcjx,:~s arc duc Io FEMA Region' ' :IV lhirly (30) days aflcr the end office rcpo."tin?., qu;:rtsr. Rc'pr~rti~,o.,_, quarters ;::~d sul)mission dates nrc ]isled bclow for your h~formation and compliance. QUA.RTEllS DUE TO STATE STATE SUBMISSION TO FEMA Jan u a~y-M,',L rch April 15''~' (or :I 't wor:k day atto]-) Not Lnle)' Than ~ April 30'~ April-3une July 35"' (or ]': wor]~ day nftcr) Than - July 31" July-Sep!ember Ortol,c'r ]5"' (or :1': work day Not Lnlcr Than - Orlobcr3I" 0 ct ob er-l) eccmb er January ] 5'" (or 1': 'work :rfoi Lalcr Thnn - January 31" Subg]'aniccs Jnvoh'cd h~ fl~cir "fir.~ I" or :~ "ncw" d isnslcr granl '-51] be nclviscd of t],c date rcquh'crl for fl~e submission of fl~ch' fh's~ Qn:,rtcr]y }~.cpr,rt fox' tlc:si dis:,slcr. Ali .subsequent Qnnrlerly ]lepo:'/ submis-,.irms will follow fl~e .qchednle outlined ::hove. Subgx'antccs h]vo]vcd in lnorc II~:~:~ o:;c (,j',cn dis::sfcr ['.r;:;~ ~nus! su'bn~i[ scpnrnic rcporls fo;' each dlsasicr tim[ l~as ou[slnndingI)SR projccls. ]qc'.:c bc ::w::r% ll~c 1)cpnr!mcnt will withhold payment of nny disa$1cr funds dueiftlJc reporl is nol sub::lJ:Icd on time. Subgr,'mlees should contact t.hc[r Gnu',l Manager for guidancc in p:'cp,~zing 1heir "first" Queerly PJ'Ogm~s Report for ~m',- disaster. If)'o:: h::','r an-., ...... :; · ~ ' - .... . q,,-~.,o,~.,, contact you; q..rx:¢jn¢ Grant Mm~egcr. FIRST AMENDMENT TO THE CONSUI.TANT AGREEMENT BETWEEN IIENDERSON, YOUNG, AND COMPANY, INC., AND COLLIER COUNTY THIS FIRST AMENDMENT to the CONSULTANT AGREEMENT (hereinafter First Amendment), is made and entered into this~(;/.~ da3, of./~, 1999, by and between the Board of County Commissioners of Collier County, a political subdivision of' the State of Florida hereinafter called the "County" or "Board." and Henderson, Young & Company, Inc., a corporation organized under the laws of the State o£ Louisiana and authorized to business in the State of Florida, hereinafter called the "Consultant." This First Amendment is to amend and clarify the compensation provision of that certain CONSULTANT AGREEMENT between the parties entered into as of the 18th day of March, 1997. W I T N F. S S E T I1: WHEREAS, County and Consultant entered "Agreement") as of the 18th day of March, 1997; and into a Consultant Agreement (hereinafter WHEREAS, Agreement. there is a need to amend and clarify the compensation provision of said NOW, THEREFORE, for and in consideration of the mutual benefits to flow from each to the other, the parties herein agree as follows: Paragraph 5. is hereby amcndcd to read as follows: The Board hereby agrees to pay thc Consultant, as compensation for its services rendered in the preparation of the studies, a fee of $135 per hour for Senior Partners and $95 per hour for Associate Partners. The total costs of the ConsuItant's services, including travel expenses, for thc Correctional Facilities Impact Fee Feasibility Study, Correctional Facilities hnpact Fcc Rate Study (Requires separate Board authorization to proceed), and Update of Law Enforcement Impact Fee Rate Study shall notexceed $95,000. Except as specifically amended hereby, the Consultant Agreement between Henderson, Young, and Company, Inc., and Collier County, Florida shall remain in full force and effect. The parties hereto hereby affirm that the Agreement is presently valid and enforceable, and there are no outstanding breaches or defaults by either party hereto. IN WITNESS WHEREOF, thc parties hereto have caused this First Amendment to the Consultant Agreement between Henderson, Young. and Company, Inc., and Collier County to be executed by thc respective authorized representatives as of the date first abovc written. DATE D :~'-'--~-4~,~.~. ,/~?,,~ ATTEST: DWIGHT E. BROCK. Clerk At'ci~ ms-to C~mlrman's Approved us (o Io~ legal sufficiency: David C. Weigel County Attorney WITNESSES: . signature Printed/Typed N~e signature Printed/Typed Name As to County: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ' PAMELA S. MAC'KIE, CHAIRWOMAN As to Consultant: RANDALL YOU NO;"PR__ES fDENT (Corporate Seal) FOR BOARD ACTION: BOARI) OF COUNTY COMMISSIONF. RS MISCEI.I.ANEOUS CORRI~SPONI)ENCI-: JANUARY 26. 1999 MISCELI.ANEOUS ITI:.MS TO 1:11.I.] I:()R I>,[-]C()RI) WI'FI[ ACTION AS DIRECTED: Clerk of Courts: Submitted for public record, pursuant lo Florida Statutes, Chapter ! 36.06(I), the disbursements for the Board o f Coumy Commissioners for the period: A. December 21 - 25. 1998 B. December 28. 1998 - .lanuarv I. 1999 C. Janua0' 4 - 8. 1999 Districts: Big Cypress Basin Board of thc South Florida Water Management District - Minutes of October 30. 1998 meeting z,~d agenda of l)ccember 3, 1998 Collier Soil and \\h, tcr Conservation District - Agendas of August 26. 1998. October 21. 1998: minutes of meetings of August 26. 1998 and October 21. 1998: and. summary rep(irt (~t'thc Nlobilc Irrigation I.abt~rat(~rv I{valualions C. Golden Gate l:irc Control & Rescue l)istrict - Agenda of December 9, 1998 South Florida Water Management District - l~,csponsc to i'rcliminary Comments on the Proposed Budget regarding Adequacy of Fiscal Resources; Five-Year Capital Improvcmcms l'hm and Fiscal Year 1997-1998 Fiscal Report Minutes: ho Affordable l lousing (_'ommission - Minutes of [:cbrLlary 9, March 16, April 20, May 18, June l l. and August 11. 1998 meetings Bayshore Avalon Beautification Advisory Committee - Agenda of December 9, 1998 and minutes of November 4. 1998 meeting Beach Renourishmcnt/Maintenance Committee - Agenda of December 3, 1998 and minutes of meeting of November 5. 1998 Collier Count)' Planning Commission - Agenda of l)cccmber minutes of Novcmbcr 5. 1998 meeting 7, 1998 and AG£.~)~ J~£M 7 ,JAN 2 G I tS t Pg. / Eo Go !I. I). qo County Govcrmncnt I'roductivit.v Committee - Minutes of November i 8.1998 meeting Development Services Advisory Committee - Minutes of July 1, August 5, September 2. and October 7, 1998 meetings Emergency Medical .";crx'iccs Advisory Council - Agenda o£ November 25. 1998 and minutes of October '~ ' _8. 1998 meeting Environmental Advisory Board - Agenda ot' l)cccmbcr 2. 1998 and minutes of November 4.1998 meeting Environmental l'olicv Technical Advisory Board - Agcnda of December 14. i 998 Golden Gate Beautification Advisory Committee - Minutes of Novcmber 10. 1998 and agenda of l)cccmbcr 8. 19()8 Golden Gate Estates I,and Trust Committee - ,'xlinutcs of September 28. 1998 meeting l lispanic Affairs Advis()rv Ih)ad - Nlint,tcs of August 20. 1998 and September 16, 1998 meetings llistoric and Archaeological Preservation P, oard - Agenda ()f Dcccmbcr 11, 1998 and minutes ()fl)cccmbcr I 1. 1998 meeting lmmokalcc Enterprise Zone [)cvclopmcnt ,,\gcncy - Minutes of November 12. ! 998 meeting Lely Golf Estates Bcauti fication Advisory Committee - Minutes of October 16. and November 13. 1998 meetings and agenda of November 13 and December 11. 1998 Library Advisory l)oard- Minutes of()ctobcr 28. 1998 meeting and Director's Report of Octobcr 26, 1998 Parks and Recreation Advisory l)oard - Agenda of [)cccmbcr 16. 1998 and minutes of Octobcr 27 and November 18. 1998 meetings Pelican Bay MSTt½U Advisory Committee - Agenda of December 2, 1998 and minutes of November 4. 1998 meeting Radio Road Beautification Advisory Committee - Agenda of January 11, 1999 and minutes of November 9.1998 meeting Utility Authority (Collier County Water & \Vastcwater Author September 2 I. 1998 meeting AGENp~ .~EM No. /~, . JAN 2 6 1999 memomn&m Dato: 1/1211999 To: From: RE: Board of('otmty ('ommissioncrs [)tsbtlrsclll¢iHs 6G 1'4 PIea.~ find enclosed thc d~stmrsements for thc lh)a~d tH'('tmnly (' ',mm~issioners for Ibc period Janua~' 4 through J;.llltlary [n accordance %vilh I:h.ida Slaltltes. ('haptcr I)6.06( I ). x~ c ~ tmld request that these rcl~rts be included as miscellaneous correspondence 1o Ibc Board of Counly Commissioners and made part of the record. l£you have any questmns regarding this matter, plc;Lsc telephone mc ;st 774-8481. Thank you for your cooperation. RWB Attachments BCC VENDOR MANUAL WARRANT LOG D.~ZE NAME 1/4199 Florida Turfgrass Research 116/99 Diane Gonzales 116199 Denco Construction 1/7199 Clerk 'Bud' Dixon 1/7199 Law Environmental 1/7199 C.C. Tax Collector AMO. UHI 260.00 1,487.50 78,518.15 519.24 17,038.32 7.00 C~ECK~ 475223 475687 475688 475689 47569O 475691 Conference Attorney Fees Sewer Facility Improvements BCC P/R Child Support Engineering Services Registration ~;' ~' BCC PAYROLL MANUAL WARRANT LOG DATE NAME 1/6/99 Robert Nese 86.52 1/7/99 Reyes Martinez 514.76 CHECK_fl 198665 198666 BEASO_N Adjustment RT and OT 16G 'memorandum Date: l/4/199:) To: From: RE: Sue Fflson Administrative Assistant B( 'C Robert W. Byme. CMA ~ General ()pcrati,ms Manager Clerk's Finance Dcpamncnt Board of f'nunty ('onlmis.4oners l)isbur.scmcnls Please find enclosed the disbtn~¢mcnts for the Board of ('or, my C',,:,mussioners for the period December 28. 199S thmt,gh January I. 1999. in accordance ,.vilh Florida Slamlcs. Chapter 136.06I 1 ). we xvoukl request that these reports be meludcd as nlisc¢llan¢ous corro, pondcnc¢ lo thc Bo-',rd of('ot,nty ('ommissioners and made part of the recnrd. If you have auy qucslions regarding this mauer, please Iclcphonc mc at 774-8481. Thank you for your coopcralion. RWB Attachments BCC VENDOR MANUAL WARRANT LOG DATE ' NAME 12/31/98 ,,. Robinson & Cole LLP 12/31/98 Agency of Health AMOUJ~LI 9,960.24 1,000.00 ¢J:iECK ~ 475221 475222 166 Legal Fees Workers Comp BCC PAYROLL MANUAL WARRANT LOG 12/29/98 David C. Weeks 50.00 CHECK,C, 198031 .L6 Employee - Month memorandum Dat~: 114/1999 To: From: RE: Sue Filson Adminislrativc :\ssislanu Robert \V. Bvrn¢. ('NIA General ()potations Manager Clerk's Finance l)cpanmcnt Board of County C'ommissioncrs l)isbursemcnts Please find ench~scd the disbursements for the Board of'County Commissioners for the period December 21 throt,gh l)ecembcr 25. 199S. In accordance wid~ FlorMa Statutes. Chapter 136.06(I). xvt wot, Id rcqucst that these reports be included as miscellaneot, s correspondence to the Board of ('otmly ('ommissioncrs and made part of the record. If you have any questions regarding this matter, please telephone mc at 774-8481. Thank you for your cooperation. RWB Attachments k;6p;e3 T0: BCC PAYROLL MANUAL WARRANT LOG DATE NAME 1~21/98 Rodney Wade 1~I/98 J.W. Quinn 2123/98 Shawn Luedtke ~23/98 Vincent Guiffra AMOUNT 202.04 4,359.52 769.98 153.22 ¢JdF...CK # 198027 198028 198029 198030 ICMA ICMA Regular and OT Personal Leave RECEIVED SUBJECT T O~I3OAR:I~,7.A~P.R~s loners MINUTES OF A RI.:GUI.AR MI-;ETING OF THE BIG CYPRESS BASIN BOARD OF Till.:. SOUTI! FI~ORIDA WATER MANAGEMENT DISTRICT COI.I.IER COUNTY GOVERNMENT CENTFfl~. NAPLF. S. FLORIDA October 30, 1998 The following Board Members were present: Claudia I)avcnport, Vice Chairman Ellin Goetz, Secretary Garrett Richter. Member Alan Korest, Member Fred N. Thomas, Jr., Member ~rts Carter Constantine ~ac'Kie Oerry Clarence S. Tears, Jr., Director, Big Cypress Basin CALL TO ORI)ER The Big Cypress Basin Board meeting was called to order at 9:04 a.m. by Vice Chairman Davenport Followed by the Invocation and Pledge of Allegiance to the Flag of the United States of America. Approval of Minutes --:- On motion by Mr. Thomas, seconded by Mr. Korest, the Board approved the minutes for the September 8, 1998 meeting. Additions, Deletions, Substitutions to the Agenda There were no changes to the agenda. Abstentions There were no abstentions. 1. Guifview Middle School Science Project Grant Request Mr. Parlicr, Gulfv~ew Middle School teacher and several of his students presented the Board with an overview of their science project, One of the students said their goal is to test pollutants in the soil by processing percolation along the high and Iow tides of Naples Bay. and to also test bottom muck in Naples Bay for pollutants. ,.~sc. Cohes. L~,,..e. . Big Cypress Basin Board Minutes October 30, 199g Page 2 On motion by Mr Thomas, seconded by Mr. Korcst, tile Board unanimously approved a grant in the amount of $1,500 for the Gulfview Middle School Science Project. Presentation on the Environmental Impact Statement for Southwest Florida by the Corps of Engineers Mr. John i tall, Chief of Regulatory Division, Department of thc Army, Jacksonville District Corps of Engineers provided the Board with an overview on the Southwest Florida Environmental Impact Statement. The Board thanked Mr. Hall for an informative report. Collier County Education Foundation 1998 Outstanding Partners in Education Mr. Tears said tile Big Cypress Basin was presented with an award at the 1998 Outstanding Partners itl Education Third Annual Recognition luncheon, which was held in September, for being an outstanding partner in education. Mr. Tears showed the Board a video that had been shown at the luncheon. Itc thanked the Board members for their support of environmental education programs. e Authorization to Enter into a Contract with Zcp Construction, Inc. for Construction of the Cocohatchee Canal Structure No. 3, Contract No. C-8024 Mr. Alex Garcia, Senior Engineer, Construction and [.and Management Department gave a brief overview of the project. On motion by Ms. Goetz, seconded by Mr. Thomas, the Board authorized staff to enter into a contract with Xep Construction, Inc., for construction o[' Cocohatchee Canal Structure No. 3 in the amount of $798,000, of wt~ich $48,000 is unbudgeted, and authorized a budget transfer from the Cocohatchee Canal Phase IV Improvements Project to the Cocohatchee Canal Structure No. 3 Project. Authorization to Enter into a Contract with Gilbert Southern Corporation for Cocohatchee Phase III-B Excavation, Contract No. C-9022 On motion by Mr. Thomas, seconded by Ms. Goetz, tile Board authorized staffto enter into a contract with Gilbert Southern Corporation For construction of the Cocohatchee Canal Excavation Phase III-B in the amount of $1,017,000, of which $92,000 is unbudgeted, and authorized a budget transfer from the CocohatcheeCanal Big Cypress Basin Board Minutes October 30. 1998 Page 3 Phase IV Improvcmcnls Project to the Cocohatchee Canal Phase 166 III-B Excavation Overview of Adopted FY 99 Big Cypress Basin Budget Mr. Tears provided the Board with a copy of the adopted FY 99 budget. addition he provided a copy of a budget allocation breakdown requirements as cited in Chapter 373.0695, Florida Statutes. In based on statutory Big Cypress Basin Melanie the Manatee Writing Contest Ms. Barbara Kerby, Government/Public Affairs Associate, gave a brief overview ofthe proposed Melanie the Manatee Writing Contest for four grade levels in the Collier County Public Schools. A review panel consisting ora Basin Board Member, Basin Staff and educational professionals will select the winners. Ms. Goetz volunteered to be on the panel. Cash prizes will be given to the contest winners of each ofthe five categories for a total amount oCS 1,750. On motion by Mr. Richter, seconded by Mr. Melanie the Manatee Writing Contest. Staff Reports Korest, the Board approved the A. Disbursements On motion by Ms. Goetz, seconded by Mr. Korest, the Board approved disbursements for August 1998. C. Financial Reports Mr. Tears said the interest earned for FY 98 was $576,319. D. Hydrologic Report Mr. Tears said due to concerns about Hurricane Georges, the whole system was opened to provide maximum drainage in anticipation of seven to twenty-one inches of rain, but only two inches were received from the storm event. Big Cypress Basin Board Minutes October 30. 1998 Page 4 Mr. Richter extended his personal appreciation to Mr. Tears for his professionalism and continuous communication with him on the status of the hurricane. He .said he felt confident that he was receiving accurate information. The other Board members agreed with Mr. Richter and thanked Mr. Tears for keeping them informed. ADJOURNMENT The meeting was adjourned. (Corporate Seal) Claudia Davenport, Vice Chairman Ellin Goetz, Secretary South ............................ --~EEC~ED Florida Water Management District Big C'.','l~rc~ lJ;t~in TIlE BIG CYPRESS BASIN BOARD OF THE SOUTH FLORIDA WATER MANAGEMEN~IS__TRICT MEETING AGENDA ~ ~ -- 9:00 A.M. Thursday, l)ecember 3, 1998 Mary Ellen llawkins Building 6089 .lanes Irene, Naples, Florida Meeting is Open to the Public. REGt;I.AR BIISINESS MEETING CAI,i, TO ()Iii)El{ B C. Invocation Pledge of Allegiance lo the Flag of thc United States of Amcrica Presentation: 10 Year Se~4ce Award for l lans Meier, Vegetation Management Technician Approval of Minutes of Big Cypress Basin Board Meeting of October 30, 1998 AGENDA REVIEW I.,,.,c. Corres: Additions. Deletions. Substitutions to Agenda Approval of Agenda Abstentions Itv. m,~ NEW BUSINESS Copies To: Southern Golden Gate [-;states l.and :\cquisition Quarterly I~.cpmt hy Florida Department of Environmental Protection Consideration to authorize an amcndmcnt to Contract No. C-3133 u. ith Florida Department of Environmental Protection For continuing land acquisition in Southern Golden Gate Estates CARL Project in the amount of $70,000 arid to extend the term by one year, for which funds are budgeted. (Contract No. C-3133-A07) Consideration to authorize the Big Cypress Basin to become thc local sponsor of the Critical Restoration Project known as l.ake Trafford .dtl, lo - J"l M~t'r, .,[Lin K,.:~',I X i;,lt', I(Ihn (;.~'t/ N.q,h', S,lnlllcl E. I',~,le 111. Execum'e [)~rccmr Fwd N 'l'h,m~.t.,.h * hnm,,k.~Icv (;.]rrctt S. }{iDm'r N.q,h-. Cl.,rcm'c S. Tears, Jr., Director, Big C)prc,~ Il J*m . Gun Club R, ,ad, I'.(). Ih,x 246g0. ~ Ve~t Palm Beach. I:l. 33416-4680.1561 ) 686-R8~. ~ ~A~ 1-8~-432-2~5 Big Cypress Basin Beard Meeting Agenda December 3, 1998 Page 2 o Consideration to authorize an amendment to Contract C-8702 with U. S. Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) for data collection for Southern Golden Gate Estates and to extend the term by six months (Contract No. C-8702- A02) Consideration to authorize entering into an agreement with Florida Department of Environmental Protection - Rookery Bay National Estuarine Research Reserve (DEP- RBNERR) for continuous water quality monitoring at the receiving waters of Faka Union Canal (Contract No. C- 10766) OTIIER BUSINESS 6. Big Cypress Basin Board Meeting Schedule 7. Staff'Repons B C. D. E. Disbursements Contract Account Report Financial Repons Hydrologic Report StaffActivity Report PUBLIC COMMENT Anyone wishing to discuss matters of interest which are not on the agenda should complete a speaker card crud submit it to the Big Cypre.v.v Ba.vin Representative prior to the start of ?ubBc Commet~t. An.v material fi)r Board cott~idc'ratiott mttxt be submitted to the Big Cypress Bavin Admitd. vtratiott Office al least 48 hour. v itt advwtce of scheduledmeeting. BOARD COMMENT RETREAT I. Lower West Coast Water Supply Plan 2. Big Cypress Basin Watershed Plan ADJOURNMENT Big Cypress Basin Board Meeting Agenda December 3, 1998 Page 3 The ne2rt Big Cypress Basin Board meeting is tentatively scheduled for 77tarsday, January 28, 1999 at the Big C'ypres.~ BaMn, Mary Ellen HawMns Building, 6089 Janes Lane, Naples, Florida. Pleas~ note that if a person decides to appeal any decision made by tim Board with respect to any matter considered at the above cited meeting or hearing, it will be necessary to provide a record of the proceedings, and for such purpose, will need to ensure that a verbatim record of the proceedings is made by a certified court reporter. Persons with disabilities who need assistance may contact Joyce Amaral, (941) 597-1505, at least forty-eight (48) hours before the meeting to make appropriate arrangements. If you are hearing or speech impaired, please contact the Big Cypress Basin by calling (561) 697-2574. Those persons who desire more information, or those wishing to submit written or physical evidence may contact Joyce Amaral, Big Cypress Basin, 6089 Janes Lane, Naples, Florida 34109, (941) 597-1505. Collier Soil and Water Conservation District Agriculture Center, 14700 Immokalee Road. Naples, FL 33964-1468 Phone (941) 455-4100. FAX (941) 455-2693 AGENDA BOARD OF SUPERVISORS August 26, 1998 1. Call to order 2. Roll call 3. Disposition of minutes 7/i519~ 4. Reports a. Financial Report Sean Horton b.D.C. Report - Anthony Polizos c. MIL Report d. Farm Service Agency Report Laurie Mitchell 5. Old Business a. USDA Survey Contract b. Best Management Practice Stand 6. New Business a. Report on FACD Annual meeting b. Budget for Fiscal Year 98/99 c. Bids for accounting firm for 98/99 d. Upcoming Conferences 7. Other Business 8. Adjournment L. up:c:s ]'0: DEC CONSERVATION . DEVELOPMENT . SELF-GOVERNMENT Collier Soil & Water Conservation District Regular Meeting August 26, 1998 Supervisors present: Supervisors absent: Others present: Robert M. Griffin, Chair Laurie L. Mitchell, Vice-Chair Sean P. Morton, Secretary/Treasurer Norman Whitney Gregory Zak Nancy Hughes, Administrative Assistant Anthony Polizos, Natural Resources Conservation Service (NRCS) Carmine Pittelli Donald Hughes The meeting was called to order by Robert Griffin (Rob) at 4:03 p.m. at the Golden Gate Community Center. The roll was called. Sean Morton moved tc accept the minutes of the previous meeting. Laurie Mitchell seconded the motion, and the motion was passed. Sean Morton gave the financial report. Nancy Hughes informed the board that the district received the MIL 3rd Quarter payment, along with the final chemical mix-load center payment. NRCS still owes the district $8210.00 for the SGGE survey and the district still owes $14,328.00 to Coastal Engineering for the SGGE survey. Tony is waiting for a final letter from his technicians saying that all is completed for final payment to Coastal Engineering. Tony Polizos gave the D.C. report. Tony stated that Rex Properties and Pepper Ranch cancelled their W}{IP participation due to financial problems, but that they would like to participate at a latter date. J. Colosimo failed to meet the criteria for the WHIP program. Laurie Mitchell asked what the wetland determination was for Parklands Development. Tony informed her that out of 600 acres about 1/3 was farm wetland pastures. Next she questioned Glenn Simpson's wetland determination, which Tony stated was about 9 acres out of 100. The three criteria for wetlands are soils, vegetation and hydrology. Sean Morton gave the MIL report. Nineteen evaluations were completed. Staff attended a citrus canker seminar on decontamination procedures, the MIL purchased a pH meter to replace the old equipment. The MIL staff prepared an exhibit for the Citrus Expo at Lee Civic Center on August 26 & 27. Tony informed the board that the South Florida Water Management staff is recommending that they fund the MIL's once again at the current rate. Tony believes it will be a three year contract. Laurie Mitchell gave the Farm Service Agency (FSA) report. She first informed the board that according to the Roberts Rule of Order, if an item is skipped on the agenda, it needs to be tabled. At the FSA meeting the first up on the agenda was a determination of surplus property due to a default on a loan, the FSA committee determined that it should be sold as is to anyone. So that the government could recover some of their money. They also talked about the funding for the EQIP program and the distribution of funding (which counties are getting what). Tony stated that the EQIP program is going to change. Right at the moment the Indians receive a good share of the money and they will have their own program next year, it just is unsure where the money will come from. Rob asked Laurie how man}, people attend the FSA meetings. Laurie informed him that it's a bi-county meeting with Hendry and Collier counties. On the average there is 4-5 people in attendance. Their are 3 committee members and 3 alternative, but the alternates usually don't come unless one of the regular committee members can't attend. There needs to be three committee members or their alternates to have a quorum. NRCS usually attends meetings if they have business. FSA is our sister agency. Under Old Eusiness, SGGE survey contract was covered earlier, in the meeting. Final item under old business was Best Management Practices (BMP) Stand. North Carolina sent Laurie some excellent information on their agriculture cost share program for review. Laurie requested the board to look over the information from North Carolina with an open mind. Laurie is hoping that by January the entire board could come to the conclusion that they would endorse this program statewide. The Land Development Codes in Collier County are reviewed every 5 years, and this fall in October the Collier Soil & Water Conservation District (CSWCD) will have the chance to review and have a say in the new land development codes and the changes the county comes up with. The current land development code is vague and not specific .for agriculture. It should refer peop].e to the CSWCD for assistance to make sure they are using BMP's. Under New Business, Rob reported on the FACD Annual meeting that Laurie and he attended August 6-9. Rob feels that it was a great learning experience, but was concerned that when it was time for the regular business meeting they lacked the 2/3 quorum vote because many of the districts didn't send representatives. Rob feels that Collier can hold their heads up high, we are on the move, doing things, having meetings, getting information out. He stressed that NRCS is our friend. Rob stated there seems to be a lot of old blood involved in the Soil & Water Districts. At the banquet, service awards where given out for 20 to 55 years 16G of service. Rob feels this may be some of the problem, Soil & Water Districts need new blood, new vision and ideas, to be progressive. Rob also met with Freddy Cockrell, who is the executive director of Florida Association of Soil & Water Conservation Districts. Rob stated that Mr. Cockrell could be a great assistance to us when we seek grant money. Me can now see how the more involved, the better role we can play. Laurie took several pages of notes during the conference. Laurie stated that she had received some information on the Central Florida Resource Conservation and Development (RC&D) council. In consideration of a tri-county council (CollJer-l,ee-;{endry) established to J~c:lp secure grants and gene,-ate :~.ore income for the district. The budget for Fiscal Year 1998/99 was considered next. The budget was discussed. Laurie moved to accept the budget as discussed. Scan seconded the motion. Rob called for the vote and the motion was passed. Next on the acenda '.<as bids ~ ,' =o. accounting firms. We sent out letters to seven accounting firms. We received two bids, one from Wentzel, 5erry & Alvarez and the other from Markham Nortoc] Stroemer and Company. A£ter a discussion on what each company was offering and the prices, Laurie moved to accept Markham Norton Stroemer and Company. Sean seconded the motion. Rob called for the vote and the motion was passed. Final item under new business was upcoming conferences. Laurie has a travel voucher that she would be willing to donate to the district to attend the Peaks to Prairies Conference in Rapid City, South Dakota. It was decided that Laurie should use thu '/cucher for herself to go on a vacation. Under Other Eusiness, information was passed out on Enviroscape, an interactive, portable model of a watershed that dramatically demonstrates water pollution and it's prevention. Tony asked the district to subscribe to Florida Trend magazine, which has environmental and historical issues in it. Sean moved to subscribe to the magazine. Laurie seconded and the motion was passed. Laurie questioned what was going on with the Visa card. Nancy stated that business's are not eligible for Debit cards, but that we were in the process of obtaining a business visa card. Rob brought up the possibility of skipping the September meeting as there is not much on the agenda. Nancy Hughes informed all supervisors that she would be going on vacation the first 2 weeks of September. She will call all 16G supervisors when she gets back September 14 to see what needs to be done. Final item addressed was ordering 6 copies of the latest edition of Roberts Rules of Order for supervisors and the office. Motion was made to purchase the books by Sean. ~ seconded the motion and the motion was passed. Tony suggested that the board should give the ~Administration Assistant the discretion to purchase items if under $100. This item was tabled to another time. Rob called for a motion to adjourn the meeting. Motion was passed. Meeting adjourned at 5:45. Materials available for review. 1. North Carolina Agriculture Cost Share Program. 2. Concerns identified from a 1993 FACD and SCS sponsored District Capacit'//Leadership Training Seminar for Soil and Water Conservation people. 3. Laurie's minutes from the FACD Jacksonville meeting. 4. Information o:] the Central Florida Resource Conservation & Development (RC&D) Council. 5. Best Management Practices for Agrichemical Handling and Farm Equipment Maintenance. COLLIER SOIL & WATER CONSERVATION DISTRICT Financial g.epo:'t 7/1/98 - 7/31/98 Beginning Balance Expenditures Salaries Employee taxes Dues Office supplies Other supplies Printing & Advertising Postage Sales tax remitted Travel & [4eetings Cell phone expense Bank service charge Total Expenditures $71,301.74 4,865.76 369.49 130.00 13.74 559.87 252.03 32.00 49.20 1,466.00 12.19 .40 $ 7,750.68 Receipts Plat Directories Sales Tax Shipping & handling Interim soil surveys NRCS - Reimbursement (Bob Beck) Barnett interest Total Receipts 210 00 12 60 15 00 30 00 6,666 58 46 15 6,980.33 Ending Balance as of 7/31/98 $70~531.39 DC Report Naples Field Office August 19, 1998 Landuser Acres WHIP Rex Properties 538 Pepper Ranch 604 J. Colosimo 250 Simpson Grove 100 Topiary Creations (rev.) i0 Irriqation System Assistance Topiary Creations 3 Wetland Determinations Glenn Simpson 100 Parklands Development 600 Location i mmoka ] ce I mmoka ]ee i mt. ok. .::~ci. Sec. 3C" Sec. 30 Corkscrew NW Collier Co. Others FSA: Attended the regular Farm Service Agency committee meeting. Reported on EQIP application Tillage Survey: Completed tillace survey report for Collier County. SGGE: Several committee members visited 3 new sites below US41 to determine if they were suitable fo:' the study area. Also met wit}] BCB to inspect 1940 aerJais z'ecentiy purchased from Tobin (contractor). NRCS technician spot checked Coastal Eng]neering's survey work on ~he cross sections at Prairie Canal and the North/South section oF the Faka Union Canal. - Training: Naples F.O. staff on existing and new programs. NRCS computer specialist provided training to the Lower West Coast Mobile Irrigation Lab Progress Accomplishments - July & August 1998 During July & part of August 1998, 19 Mobile Irrigation Lab (MIL) evaluations were completed. Ail 19 were Agricultural evaluations. These Agricultural evaluations consisted of citrus crops in Charlotte and Collier counties. The MIL staff attended a workshop on Citrus Canker held by the University of Florida-Southwest Florida Research and Education Center (SWFREC) in Immokalee. The workshop was heavily attended by citrus growers and other citrus industry people after the recent discovery of the highly contagious citrus canker infestation in a Collier County grove. MIL staff purchased materials and equipment to perform decontamination procedures on the MIL vehicle, equipment, and personal effects as recommended by the SWFREC. The portable equipment allows us to decontaminate upon entrance to cooperating groves, in addition to the required treatment upon exiting 9roves, to assure growers that the MIL will not be a potential source of spreading the canker bacteria. The MIL also has been preparing our exhibit for the Citrus Expo to be held August 26 & 27 at the Lee Civic Center. The exhibit was recently displayed by Shannon Ruby of the Lee County MIL at the FACD Annual Meeting attended by our Supervisors in Jacksonville. The MIL has purchased a pH meter to replace the original one which has become undependable after years of service. The new meter also measures temperature and TDS, important in determining scaling potential. The MIL expects to continue completing scheduled evaluations for Agricultural systems during the rest of August 1998, which will allow us to meet our contract goals for FY 98. Collier Soil and Water Conservation District Agriculture Center, 14700 Immokalee Road - Naples, FL 33964-1468 Phone (941) 455-4100 - FAX (941) 455-2693 AGENDA BOARD OF SUPERVISORS October 21, 1998 1. Call to order ~?i :,~>' 2. Roll call ~,?;~ ~!!~.~;~3. Disposition of minutes 8/26/98 4. Reports a. Financial Reports - Sean Morton b. D.C. Report c. MIL Quarterly Report d. Field Rep Report - Bill Jolly 5. Old Business a. Auditor acceptance letter b. Land Development Code c. Administrative Assistant discretion to purchase items d. RC&D Council 6. New Business a. Charge for aerial photos b. 1998/99 FACD Dues Co FACD Speaking Con,est d. Annual NACD Meeting - San Diego, CA e. Christmas cards f. New four-draw file cabinets g. Approval for lunch h. MIL Annual Report i. Next meeting date Jan.31 Feb. 3 volunteers Farm Tour Nov. 13 7. Other Business a. Signing of checks 8. Adjournment New Materials Available for Review: 1. Lee County Soil & Water Conservation District Minutes. 2. Final Report on Chemical Mix Load Centers 3. Article "Immature Compost Used for Biological Weed Control" ~. 4. Organizations Paid Into. ~: 'i- .' . 5. 21st Century Robert's Rules of Order CONSERVATIO~ - DEVELOPMENT . SELF-GOVERNMENT Subject to Board Approval Collier Soil & Water Conservation District Regular Meeting October 21, 1998 Supervisors present: Supervisors absent: Others present: Robert Id. Griffin, Chair Laurie L. Hitchell, Vice-Chair Sean P. r4orton, Secretary/Treasurer Norman Whitney Gregory Zak Nancy Hughes, Administrative Assistant William T. Jolly, Environmental Specialist, FDACS The meeting was called to order by Robert Griffin (Rob) at 4:10 p.m. at the Golden Gate Communit}, Center. The roll was called. Sean [4orton moved to accept the minutes of the previous meeting. Laurie Hitchell seconded the motion, and the motion was passed. Sean ;~orton gave the financial reports for the months of August and September. He informed the board that the audit was finally completed by Perrino & Associates and that Coastal Engineering received their final payment for survey services. Sean also stated that the 4th Quarter MIL bill had been submitted to NRCS. The D.C. Report was passed out along wit}] the MIL Quarterly Report. William Jolly (Bill) 9ave a follow-up on the chemical mix load centers. Because there was not as much participation with the fixed chemical mix load centers, as expected, money that was left over was used to buy portable chemical mi>: load units to use as demonstrators. Bill suggested that we may want to }]ave a field da5, after the first of the year wit}] the e:<tension service to demonstrate the unit to various nursery's and golf courses. Bill will be talking to Elizabeth Glennon of the Collier County Cooperative Extension Service about setting a demonstration date. Bill thought the units would run about $700.00. Sean suggested that we may want to go after 319 grant money to help the farmers with cost-share if they desire to purchase one of the units. Bill also shared with the board an item that has come up concerning Chapter 582, Florida Statutes, · under Section 582.19, which states that supervisors shall receive no compensation for services, but shall, with approval of the supervisors of the district, be reimbursed for travel expenses. 16G Under Old Business, the auditor's acceptance letter from Markham Norton Stroemer & Company P.A. was distributed, Sean signed as Treasurer. The county is reviewing the Land Development Code. They submitted to us a section of the code for our review. Tony and Laurie worked out changes that they would like to see added to the Land Development Code and forwarded these changes to the county. These revisions were distributed to the board for their review. Land Development Code meetings are scheduled for 11/12, 11/19, 12/2, 12/16 at 5:05 p.m. at the County Commissioner Chambers. Sean moved to ci~_ . ~ the Administrative Assistant the discretion to purchase district related items up to $100.00. Laurie seconded the motion, and the motion was passed. Final item under old business was the RC&D Council. Laurie thinks it would be a good idea for the board to have an RC&D Council. Infcrmation was passed out and will be discussed at the next board meeting. Under New Business, charges for aerial photos copied thru the scanner was discussed. Sean moved to charge $2.50 per photo (tax included), and an extra $2.50 for shipping. Laurie seconded the motion, and the motion was passed. 1998/99 FACD Dues were discussed. The 98/99 proposed budget for FACD was reviewed. Freddy Cockrell officially resigned on September 8, 1998 as the FACD Executive Director, Sandy Howe is handling his duties until an interim successor is named. Scan moved to pay our FACD dues of $500.00, Laurie seconded the motion, and the motion was passed. Next item address was the annual FACD Speaking Contest. Rob expressed that he would like to see us sponsor the contest ourselves. Deadline for the speaking contest is July 1, 1999. The board decided to table this item until after the first of the year. Next, the annual NACD Meeting in San Diego, CA on Jan. 31 - Feb. 3 was discussed. Laurie stated that due to the airline going on strike she was unable to make her trip, so she would like to donate her ticket to the district so that she can attend the NACD meeting in San Diego. Laurie feels that someone should represent Collier Soil & Water Conservation District at this meeting. Pre-registration must be received by 1/15/99. Rob stated that he would like to see us extend our energies in our own state first. Laurie feels someone should go, maybe even one of the new supervisors. This item was tabled at this time. The sending of Christmas cards was discussed. 62 cards are left over from last year which can still be used. It was decided that no new cards would be ordered. Sean moved to mail out 62 Christmas cards, Laurie seconded the motion, and the motion was passed. Scan, Laurie and Tony will go through the old list and comprise a new list of people to send cards to. Next item was the purchase of 4 new file cabinets at $99 each to replace some of the old ones. Sean moved to purchase the file cabinets, Laurie seconded and the motion was passed. Tony will be taking the Earth Team Volunteers on a Farm Tour, Nov. 13, in appreciation of their hard work. He would like around $100 to pay for lunch. Laurie made the motion to give Tony money to pay for lunch, Sean seconded the motion and the motion was passed. Next item under new business was the MIL Annual Report. There is a possibility that about 100 reports will be sent out. The MIL team requested approval to have the report printed, bound and mailed for a total cost of around $500.00. Sean felt that this would be a great marketing tool. Rob and Sean would like to review the mailing list. Sean moved to have the annual report printed, bound and mailed. Laurie seconded the motion, and the motion was past. Final item under new business was scheduling the next meeting date. It was decided that the regular scheduled meeting for 11/18 would be postponed till Thursday 12/3 at 4:00 p.m. and that the meeting for 12/16 would be cancelled. Rob called for a motion to adjourn the meeting. Motion was passed. Meeting adjourned at 5:15. Material available for review. 1. Lee County Soil & Water Conservation District Minutes. 2. Final Report on Chemical Mix Load Centers. 3. Article "Immature Compost Used for Biological Weed Control" 4. Organization Paid Into. 5. 21st Century Robert's Rules of Order. COLLIER SOIL & WATER CONSERVATION DISTRICT Financial Report 9/1/98 - 9/30/98 Beginning Balance Expenditures Salaries Employee Taxes Insurance Office Supplies Professional Fees Travel & Meetings SGGE Survey Cell Phone Expense Freight-Brochure Rack Scanner Misc Total Expenditures Receipts Plat Directories Sales Tax Shipping & Handling Soil Surveys Petty Cash Reimbursement Barnett Interest Total Receipts Ending Balance as of 9/30/98 $80,058.11 2,933.62 224 43 1,032 00 108 99 2,750 00 25 00 14,328 00 30 71 36 10 799 99 31 14 $22,299.98 105.00 6.30 25.00 30.00 10.00 40.33 $ 226.63 $57,984.76 COLLIER SOIL & WATER CONSERVATION DISTRICT Financial Report 8/1/98 - 8/31/98 Beginning Balance E__~penditures Salaries Employee Taxes Office Supplies Other Supplies Postage Brochure Rack Travel & Meeting Municipal Code Supplement Cell Phone Expense Plat Directory Dist. Misc Total Expenditures $70,531.39 2,973.40 227.45 137.64 14.72 125.20 189 95 25 00 85 00 16 83 567 00 12 10 $ 4,374.29 Plat Directories Sales Tax Shipping & Handling 3rd Quarter MIL Chemical Mix-Load Center Barnett Interest Total Receipts 105 00 6 30 i0 00 13,375 00 356 00 ,;8 71 $13,901.01 Ending Balance as of 8/31/98 $~0 058.11 DC Report Naples Field Office October 21, 1998 Landuser Acres Location Irrigation Systems Assistance Gopher Ridge Grove 143 Topiary Creations 1 Immokalee Sec. 30 Conservation Planning Immokalee Ranch 29000 Immokalee Wetland Determinations Wyndham Park 100 Harvey Bros. Farms 20 Bernard Poulin (certified) 80 Michael Bernsen 10 Hy. 951 N. Hy. 951 N. Brantley Blvd. W. off Pine Ridge Rd. Irrigation Water Management Pacific Land Co. (citrus) 500 Hy. 858 EQIP Williams Farms: Certified Brush Management practice on 17 acres for payment. A. Spot Checks: Completed NRCS spot checks for uniformity and compliance for agronomic and engineering practices. All is fine. B. WRAP: Attended a Wetland Rapid Assessment Procedure Training with SFWMD, DEP, and the COE. C. PCT: Attended regular meeting of the Project Coordination Team meeting. Farm bill projects were discussed. D. EMA: Attended DEP's Ecosystem Management Area meeting at the Conservancy. E. Business Plan: Completed preliminary NRCS office Business Plan. Will review at next meeting. F. SGGE: Set 4 water table wells and completed 4 vegetative transects in the 10,000 Islands National Wildlife Refuge, south of US41. This area was included as part of the extended contract between NRCS and the BCB. Next meeting scheduled for Oct. 29th. Held a Volunteer meeting to set schedules for well readings for the next 4 months. A farm tour will be held on Nov. 13th for the 9 volunteers to reward them for loyalty and hard work. G, LanWan: CDI, Inc. completed a survey of the office for the new Local Area Network Wide Area Network (LanWan) . This will be a new phone system fcr the entire office, including Internet capabilities. It will also include new phones with many capabilities. H. Stormwater Mgt.: Collier Co. Stormwater Mgt. held a meeting on watershed planning for the Belle Meade Agricultural Area. John Bolt expects this area to be converted into an urban area in the near future. I. Jury Duty: }{ad a 2 day jury duty on Sept. 29 & 30. United States Department of Agriculture Natural Resources Conservation Service 14700 lmmokalee Rd. Naples, FL 34120 (941)455-4100 September 30,1998 Collier Soil and Water Conservation District Agriculture Center 14700 Immokalee Road Naples, FL 34120 Dear Sirs and I.~,i"(]am: Enclosed please find a summary report of the r.~obile Irrigation Laboratory evaluations performed by the Naples Field Office for the Fourth Quarter of Fiscal Year 1998. If you have any questions concerning this report, please call us at (941) 455-4100. Sincerely, MIL Team Leader Lower West Coast Mobile h'rigation Laboratory 16G Quarterly Report Fourth Quarter, Fiscal Year 1998 July 1. 1998 through September 30, 1998 Collier' Soil and Water Conservation District USDA Natural Resources Conservation Service South Florida Water Management District Agriculture Center 14700 Immokalee Road Naples, FL 34120 (941) 455-4100 16G USDA- Natural Resources Conservation Service The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or family stares (Not all prohibited bases apply to all px'ograms). Persons with disabilities who reqtlh'e alternative means tbr communication of program infbrmation (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202- 720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326W, Whitten Building, 14th and Independence Avenue, S W, Washington, DC 20250-9410 or call (202) 720-5964 (voice or TDD). USDA is an equal opportunity provider and employer. i'6 INTRODUCTION The Fourth Quarter of Fiscal Year 1998, from July 1, 1998 through September 30, 1998 completes this eleventh year of the Mobile Irrigation Lab (MIL). The MIL completed 27 evaluations during the fourth quarter; all 27 evaluations were agricultural, 5 of which were follow-up re-evaluations. The agricultural evaluations were nearly all citrus systems that normally are the bulk of our assistance, and a container nursery drip system. These evaluations were completed on one large citrus grove in Charlotte County, one small citrus grove in Collier County, and a nursery in Lee County. Four of the five follow-up evaluations were citrus sprayjet systems that had been previously evaluated by the MIL and were re-evaluated after major system changes recommended by the ~4IL were completed. Al! sprayjet systems increased substantially to at 'least GOOD Emission Uniformity (better than 80%). The nursery drip system was a conversion with USDA cost-share funds from an old overhead system. Water savings were impressive despite the small acreage. These 27 evaluations complete the contract goals for FY 1998. Mobile Irrigation Laboratory Quarterly Report Naples Field Office Fourth Quarter FY 1998 July 1 to September 30, 1998 SYSTEMS EVALUATED This report covers the fourth quarter of Fiscal Year 1998, July 1 through September 30, 1998. During the quarter, 27 evaluations were completed, all 27 of them were agricultural systems, 5 of which were fo].]ow-up re-eva]uat]ons. Of the total evaluations, the 26 spray jet systems on citrus represented 96%, and the ]. drip system on nursery stock represented 4% (Chart 1) . These systems 5rrigated ].677 acres of citrus, and .5 acres of nursery, for a total of 1677.5 irrigated acres. RESULTS System evaluations are rated based on the measured Emission Uniformity (EU). Of the 27 evaluations, 3 (11%) system evaluations were rated Poor (EU less than 70%), 3 (11%) were Fair (70-80%), 16 (59%) were Good (80-90%), and 5 (19%) of the systems were rated Excellent (over 90%) (Chart 2). Of the 16 systems rated Good, 3 were follow-up re-evaluations, and of the 5 systems rated Excellent, 2 were follow-up re- evaluations. All 5 follow-up re-evaluations showed significant improvement (Chart 3). All 5 systems re-evaluated were found to be Excellent (EU over 90%) or Good (80-90%). WATER SAVINGS Potential Water Savings are based on first time evaluations and estimate the amount of water that would be saved by making the recommended system improvements and/or following recommended irrigation scheduling guides. Potential Water Savings (PWS) for fourth quarter evaluations were estimated at 57.94 million gallons (177.80 acre feet). Th~s water savings resulted from evaluations of 22 s~>ray jet systems on 1242 acres of citrus. Actual Water Savings were calculated from follow-up re- evaluations of 5 agricultural systems. The Actual-Water Savings totalled 17.73 million gallons (54.42 acre feet). Of the 5 follow-up evaluations, 4 were spray jet systems on 435 acres of citrus, and a drip system on .5 acre nursery stock. An analysis of the Potential Water Savings shows that the average water savings per acre for citrus spray jet systems was .05 million gallons per acre. Actual Water Savings for the re-evaluated spray jet systems on citrus averaged .04 16G million gallons per acre, and .92 million gallons per acre for the nursery drip system (Chart 4). Following is a list of common problems that were encountered which limited the efficiency of-the systems evaluated: -Lower pressure than manufacturer,s specifications -Different pressures between manifolds -Mixed sprinklers/emitters - precipitation not matched -Missing/malfunctioning pressure gauge, regulator, valves -Leaks in pipes, laterals, tubes, emitters/sprinklers -Missing/broken emitters/sprinklers -Clogged emitters/sprinklers PUBLIC RELATIONS AND ADDITIONAL ACTIVITIES July MIL staff attended a workshop on Citrus Canker held by the U. of Florida, I.F.A.S. in Immokalee after discovery of the bacterial disease in a Collier County grove. MiL staff assisted the Lee County MIL in preparing the MIL exhibit for the Florida Association of Conservation Districts (FACD) Annual Meeting. MIL staff attended a meeting and field inspection of Chemical Mix/Load Centers. - MiL team assisted in surveys of canals in the South Golden Gate Estates. August MIL staff attended the Citrus Expo held at the Lee County Civic Center and displayed the MIL exhibit. MIL staff researched and secured the necessary equipment to incorporate a Citrus Canker Decontamination Procedure into the MIL operation. September - the MIL staff attended the Irrigation Conservation Committee Meeting. Agenda items included funding updates by South Florida Water Management District, MIL team reports, and a software technical session. Robert 'Beck was appointed as Vice Chairman of the Committee. KEY TO REPORT problems l. Broken or leaking sprinklers or emitters. 2. Broken or leaking pipes. 3. Clogged sprinklers or emitters. 4. System pressure below manufacturer's recommendations. S. Clogged filter. 6. Obstructed sprinklers. 7. Different pressures between manifolds. 8. Poor Emission Uniformity. 9. Poor Distribution Uniformity. 10. improper spacing of sprinklers or poor coverage. 11. Pressure gauge not working. 12. Excessive pavement overflow. 13. Mixed sprinklers, nozzles, or emitters / unmatched precipitation. 14. Valves not functioning properly. 15. Excessive mainline or sub-main pressure loss. 16. Excessive lateral pressure loss. 17. Small irrigated area. 18. Excessive irrigation overflow. 19. Irrigating plant beds with turf areas. 20. Lack of rain shut-off device. gecommendations 1. Repair or replace broken sprinklers or emitters. 2 Repair broken or leaking pipes 3. Flush lines and clean filters more often, clean or replace clogged nozzles or emitters. 4. Irrigate smaller or fewer zones, increase input pressure, or increase pipe size. 5. Flush filter more often, or install appropriate type of filter. 6. Elevate or move sprinklers, or remove obstruction. 7. Adjust pressures with valves or regulators. 8. Redesign sprinkler spacing and location. 9. Replace or install pressure gauges. 10. Check system design and utilize proper sprinklers, nozzles, or emitters. 11. Repair or replace control valves. 12. Use appropriate irrigation schedule. 13. Redesign system. 14. Adjust sprinklers and cap unnecessary sprinklers. 15. Install rainfall shut-off device. Eollow-up Requirements 1. Not necessary. 2. Review and evaluate recommendations through computer modeling. Document changes implemented by cooperator. A redesign may be needed in accordance with NRCS standards and specifications. 3. Re-evaluate system in the field after recommendations have been implemented. NOTE: Evaluation and/or design may involve private consultants in cooperation with USDA NRCS. LL! 0 U. 0 z [] [] 0 \ 0 II 0 0 0 0 0 0 0 0 0 0 0 C~ 00 I% (0 I..0 ~ ¢~ % n3 16G Charlotte County Soll Legend 2 Canaveral fine sand 4 Canaveral-Urban Land complex 5 Captiva fine sand 6 Hallandale fine sand ? Matlacha-Urban Land Complex 8 Hallandale fine sand, tidal 9 EauGallie sand 10 Pompano fine sand 11 Myakka fine sand 12 Felda fine sand 13 Boca fine sand 14 Valkaria fine sand 15 Estero muck 16 Peckish mucky fine sand 17 Daytona sand 18 Matlacha gravelly fine sand, limestone substratum 19 Gator muck 20 Terra Ceia muck 22 Beaches 23 Wulfert muck 24 Kesson fine sand 25 St. Augustine sand, organic substratum-Urban land complex 26 Pineda fine sand 27 Pompano fine sand, depressional 28 Immokalee sand 29 Punta fine sand 33 Oldsmar sand 34 Malabar fine sand 35 Wabasso sand 36 Immokalee-Urban land complex 37 Satellite fine sand 38 Isles fine sand, slough 39 Isles fine sand, depressional 40 Anctote sand, depressional 41 Valkaria fine sand, depressional 42 Wabasso sand, limestone substratum 43 Smyrna fine sand 44 Malabar fine sand, depressional 45 Copeland sandy loam, depressional 48 St. Augustine sand 49 Felda fine sand, depressional 50 Oldsmar fine sand, limestone substratum 51 Floridana sand, depressional' 53 Myakka fine sand, depressional 55 Cocoa fine sand 56 Isles muck 57 Boca fine sand, tidal 59 Urban land 61 Orsino fine sand 62 Winder sand, depressional 63 Malabar fine sand, high 64 66 67 69 70 72 7~ 74 75 76 77 78 Hallandale-Urban land complex Caloosa fine sand Smyrna-Urban land complex Matlacha gravelly fine sand Heights fine sand Bradenton fine sand Pineda fine sand, depressional Boca fine sand, slough Hallandale fine sand, slough Electra fine sand Pineda fine sand, limestone substratum Chobee muck COLLIER COU1N'TY SOIL LEGEND 2 Holopaw fine sand, limestone substratum 3 Malabar fine sand 4 Chobee, limestone substratum and Dania muck, depressional 6 Riviera, limestone substratum-Copeland fine sand 7 Immokalee fine sand 8 Myakka fine sand 10 Oldsmar fine sand, limestone substratum 11 Hallandale fine sand 14 Pineda fine sand, limestone substratum 15 Pome]lo fine sand 16 Oldsmar fine sand 17 Bassinger fine sand 18 Riviera fine sand, limestone substratum 20 Fro Drum and ~alabar hig]~ fine sand 21 Boca fine sand 22 Chobee, Winder and Gator soils, depressional 23 Ho]opaw and Okeelanta soils, depress~onal 25 Boca, Riviera, limestone substratum and Copeland fs, depressional 27 Holopaw fine sand 28 Pineda and Riviera fine sand 29 Wabasso fine sand 31 Hilolo limestone substratum, Jupiter and ~argate soils 32 Urban Land 33 Urban Land, Holopaw Basinger complex 34 Urban Land, Immokalee Oldsmar limestone substratum complex 35 Urban Land, Aquents complex organic substratum 36 Udorthents shaped 37 Tuscawilla fine sand 38 Urban Land, r~atlacha limestone substratum Boca complex 39 Satellite fine sand 40 Durbin and Wulfert mucks 41 Urban Land, Satellite complex 42 Canaveral beaches association 43 Winder, Riviera, limestone substrtm and Chobee soils, depressional 45 Paola fine sand (1-8 percent slopes) 48 Pennsucco soil (marl prairie) 49 Hallandale and Boca fine sand (slough) 50 Ochopee fine sandy loam, prairie (marl) 51 Ochopee fine sandy loam 52 Kesson muck, frequently flooded 53 Estero and Peckish soils, frequently flooded 54 Jupiter Boca complex 56 Bassin~er fine sand, occasionally flooded 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 33 34 35 36 37 38 39 4O 41 42 43 44 45 48 49 50 51 53 55 56 57 59 6! 62 63 64 LEE COUINTY SOIL LEGEND Canaveral fine sand Canaveral-Urban Land complex Captiva fine sand Nallandale fine sand Matlacha-Urban Land complex Hallandale fine sand, tidal EauGallie sand Pompano fine sand Myakka fine sand Felda fine sand Boca fine sand Valkaria fine sand Estero muck Peckish mucky fine sand Daytona sand Matlacha gravelly fine sand, limestone substratum Gator muck Terra Ceia muck Beaches Wulfart muck Kesson £ine sand St. Augustine sand, organic substratum-Urban land complex Pineda fine sand Pompano fine sand, depressional Immokalee sand Punta fine sand Oldsmar sand Malabar fine sand Wabasso sand Immokalee-Urban land complex Satellite fine sand Isles fine sand, slough Isles fine sand, depressional Anclote sand, depressional Valkaria fine sand, depressional Wabasse sand, limestone substratum Smyrna fine sand Malabar fine sand, depressional Cope]and sandy ]oam, depressional St. Augustine sand Felda fine sand, depressional Oldsmar fine sand, limestone substratum Floridana sand, depressional Myakka fine sand, depressional Coca fine sand Isles muck Boca fine sand, tidal Urban land Orsino fine sand Winder sand, depressional Malabar fine sand, high Hallandale-Urban land complex 66 67 69 70 72 7~ 74 75 76 77 78 Caloosa fine sand Smyrna-Urban land complex Matlacha gravelly fine sand Heights fine sand Bradenton fine sand Pineda fine sand, depressional Boca fine sand, slough Hallandale fine sand, slough Electra fine sand Pineda fine sand, limestone substratum Chobee muck DATE: R V D Board of Count~ Co~tss~,oner~ AGENDA GOLDEN 'GATE FIRE CONTROL & RESCUE DISTRICT 4741 Golden Gate Parkway DECEMBER 9, 1998 TIME: 6:30 P.M.-10:00 P.M. Recess If Not Completed 1. Pledge of Allegiance/Invocation 2. Approval of Agenda 3. Approval of Minutes, Date(s): 11/11/98 4. Old Business: A. Discussion on Future Fire Station Site B. Discussion on Proposed Golden Gate Blvd. Changes for Sra.71 C. Approval to Request Proposals for District Growth Study New Business: A. Approval to Renew Employee Assistance Agreement 6. Reports: A. Operations B. Expenditures C. Union _. nerr~ 7. Adjourn Mi.~c. Corres: Copies To: FIN 08 TO: FROM: DATE: M E M ORA N D U M Terry Pride, Senior Governmental Analyst Executive Office of the Governor Mike Slaylon, Deputy ExecutiVe Dircctor~ December 3, 1998 SUBJECT: Response to Preliminary Comments on the Proposed Budget re: Adequacy of Fiscal Resources Attached please find the District's response to the question raised by members of the Governor's staff in your letter dated August 27, 1998 regarding "adequacy of fiscal l'~sources." If you have additional questions or require clarification as you review this information, please call myself, Joe Moore, or Aaron Basinger. Attachment C: Sam Poolc Estus Whitfield Robert Bradley Rob Lankford Sandra Howard Recipients of SFWMD's August 1, 1998 Tentative Budget Submission C&rter I~c'K~e Vera M. Carter Richard A. Machek William E. Graham blichael D. Minton Michael Slayton, Dcpuv/Executive Director William I {ammond Miriam Singer Co~qiOS TO: Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 South l:lorida Water Management District's Response to Prcliminar3.' Cotangents on the Proposed Budget By Staffof the Executive Office of the Governor Office of Planning and Budgeting/Environmental Unit Dated August 27. 1998 General Comments and Questions from Governor's Office Adequacy of Fiscal Resources: 'l'he focus of the EOG budget review for fiscal year 1998-99 is for the WMDs to allocate fund more efficiently and to avoid budget increases that would result in a millage increase. However, we realize that the WMDs have responsibilities and requests for assistance that, if fully funded, far exceed their ad valorem capacities. In fact, that is a key reason for requiring more efficient use of funds. Among other things, the Governor's Office is charged with anal)~zing WMD budgets as to the adequacy of fiscal resources available to the districts (sec s.373.536, F.S.). Please provide your assessment, in writing, of the district's fiscal requirements in carrying out its statutory responsibilities and meeting the needs of the region for the next five to ten years, as compared to the revenues you anticipate to receive in that same period of time from ad valorem, local, state, and federal sources. SI~VMD RESPONSE: In the last several years, the South Florida Water Management District's responsibilities have steadily increased in scope and magnitude. However, the District's ability to generate revenue through its traditional source - ad valorem taxes - has not increased proportionally. While it is difficult and uncertain to project revenue to be received from state and federal sources, we can however, project the amount of District revenue generated within our statutory and constitutional millage caps of.8 and 1.0 mills, respectively. Presently, the revenue that could be generated by increasing the combined District/Okeechobee Basin millage rate to its statutory cap of .8 mills would total $29.8 million annually, while increasing the District's millage rates to its constitutional cap of 1.0 mills (which would require legislative action) would total $87.6 million annually. These totals, however, will not be adequate to fund all of the projects planned for the next five (5) to twenty (20) years given the competing demands on District's resources. A few of the more recent legislative initiatives and water resource programs are discussed below. In 1994 the Florida state legislature passed the Everglades Forever Act, which mandated the construction of six (6) stormwater treatment areas (STA) by the District to clean runoff from farms in the Everglades Agricultural Area. Total cost for this effort is estimated at $844 million. The Everglades Construction Project is one of the largest environmental restoration activities ever undertaken in the United States. As the agency responsible for implementing this state effort, much of the actual expense of the project has fallen to the District. Costs and distribution of cost across appropriate funding sources has yet to bc determined in applying supplemental technology to all six stom~watcr treatment areas. On going research is comparing thc cost effectiveness of different technologies that will bc used in conjunction with STA's to achieve discharges that conform to state water quality standards. In addition, newly enacted legislation under lib 715 identified all Florida Water Management Districts as primarily responsible for water resource development projects that ensure thc availability and protection of regional water sources. The District is currently completing the regional water supply plans that anticipate future water supply needs. Projects that will sustain adequate water supply over the 50 year planning horizon are being identified as part of the planning process. Funding to implement these projects has yet to be fully identified. Florida Statutes (FS 373.1961) require thc Districts to share some of their ad valorem taxes with water users developing alternative water sources. The District has also become the local sponsor for the U.S. Army Corps of Engineers, Central and Southern Florida Project Comprehensive Review Study, or "Restudy", to evaluate the original federally-designed Central and Southern Florida Flood Control (C&SF) Project and to offer recommendations aimed at producing a more environmentally friendly flood control and water supply system. The C&SF Project is nearing its design life of fifty (50) years. The Restudy will help preserve and extend the vital flood control and water supply features of that Project, while incorporating the environmentally sensitive features that are necessary to restore the impacted ecosystem of the region. The District may need to commit up to half the resources needed to complete the implementation of recommendations included in the study. The current draft includes a preferred alternative estimated to cost $8 billion over a 20+ year time frame. It is estimated that half this responsibility will be met by local and regional interest with the federal government funding the remaining half. This could require up to $200 million annually from local and regional sources. Related to the Restudy is a list of critical projects that will be undcnvay as the Restudy moves forward. The District is responsible for a major portion of these costs as well. To respond to these legislative mandates, the District increased its millage rates by 1/40u' of a mill in fiscal year '97 and again in fiscal year '98, to .697 mills, ttowever, the District did not increase its millage rates in fiscal year '99. Upon review of the many pressing water resource projects facing the region, costs for these projects will quickly outpace the District's currently authorized revenue capacity. The District is however, committed to pursuing alternative revenue sources and in working cooperatively with our federal, state, and local partners to identify funding alternatives/options as well as leveraging resources to best address the water resource challenges that lie ahead. Toward that end thc District has a contracted effort underway that will investigate and compare a wide variety of options to be considered in fimding the water resource projects currently being identified in regional planning efforts. If many of the projects currently listed are to be implemented, additional funding sources have to be identified. ~rhe SF%VMD's Five-Year Capital lmpr. vr,,'nt~ Plan and I~' 1997-199g Fiscal Repnrl hat been mailed t. the fi~llnwin~ individual~: louse of Representatives ldo I~omson, I louse of R~s~tiv~. 1 Iou~ Agriculture Commit~ ~m Call~. Fl~da I lo~ of R~e~n[ativcs. I lou~ War, & Remur~ kt~t Committ~ ~ C~fi~. FI~ I lou< of Reprc~s~ttives. Joint Commit~ ~ Ev~gl~ OVLW~t Cmnmittc~ R~y O~ia. ! lo~ of Rc~rt~tivcs. I tou< Fiscal Re~ibility Council lhll P~. ! Io~ of R~re~afivcs. I Iou~ Government O~m~ons Co:nmittt~ K~ I~tt. I I~ of Rc~rc~mh~t~vcs. I Iou~ (kmeml Government C~miR~ C~lcm W. ~blc~ II. I:lori&~ I lou< of Rcptemntativcs. IMvitonmen~M l~ot~tion Commitlc< Ro~ J. S~uL% l:lon&i I linc< of [~cl, c<nlatives. 1 Iou~ I:inm~ce & %xation Committee lY~el We~. i Inure of Rcptc~n~lativcs. Sl~akcr of thc I [ou< Representatives The Florida Senate Charles Brunson. The Florida Senate..%hale Agriculture Committee W.D. Childers, Thc Horida Senate. Subcommittee A. Senale Ways & Mares A! Gutma~ Thc Florida Fa.male. l)adc County D:gislativc I X-k-gallon Toni Jcrmings. Thc Florida Senate. l'resident of thc .e~natc Jack l.atvala. The Horida .~ruflc. Na! uml ]{.--source Commillce John Ostalk~ewic-L. 1'he Fl°nda Fa.mate. Subcommittee E (Finance &. Tax) John Rayson. The Florida .%enate. Broward l.egislativc Delegation Tom Rossin. The Horida Senate. palm Beach Legislative Delegation lq~nald C. Sulhva~ Thc Florida .~nate. Ways &. Means Committee Charles D. Williams. The Florida Senate. ?v.'nate Government.al Ecftmn &. Oversight Commitlec Wayne Voigt. The Florida Senate. Natural Resources & Con.servatJon Committee Department of Environmental Protection Ms. Muni Drew, Department of F. nvironmcntal Protection, OITice of Water Policy /V~ Pinky ihll. Department of Environmental Protection. Ins'pector Gone:al .~ Virginia Wetherell. Dclmrtment of Environmental Protection llome General ~overnment Committee Cynthia Kelly House Water & Resource Management Committee Count)' Commissioners Butt A~-onson, Palm Beach County Commission Bm'barn B. Bcr~. Collier County Commission Clif Bctta, .tr., Okeechobec County Commission Jeff Ca~le, Highlands County Commission .terry L. C~'ter, Polk County Commission Lint.. Chapman. Orange County Commission CmO' D. Charles. Sr.. St. Lucic County Commission Matthew DcBocr, Charlotte County Commission Chuck Dunnick. Osceola County Commission Robert L. Giesler. Glades Count)' Commission Wilhelmina It.arvey. Monroe County Commission John F. Manning. Lee County Commissioner Gwcn Margolis. Miami-Dadc Commission Donna S. Melzer. Martin County Commission Lori Pan'isk. Board of County Commissioners Janet B. Taylor. Hendry County Commission Office of Ihe Governor Governor La~on M. Chiles Sandra 1 io~s~cd, State of Florida, Executive Office of thc Governor Rob Lankford, State of Florida, .Executive Office of the Governor Terry Pride. State of Florida. Executive Office ol'thc Governor Robert Bradley. Statc of Florida, Executive Officc of thc Governor Estes Whitfield. State of Florida. Executive Office of thc Governor Linda Shelly. Stat-' of Florida. Executive Office of thc Governor Waler Management Dlstric~ Yvmm~ Osteiger, 8ou~hcr Florida Water lvlanagcmont District I. my Wrisht, Noahwest Florida Water Ma:~ement District Daryl Poknma, Soulhwest Florida Wa~er Management District Tom ~ St Johns River Water Management District Veto Rohem, Suwauncc River Water Management District [O :: ECEtVED---- South Florida Water Management l str ct TDD {~fil1607-2z, 74 FIN08 Board of Count.v Com~ss~oner$ November I 7, 1998 The Honorable Barbara B. Berry Board of County Commissioners Collier County 3301 Tamaimi Trail Naples, FL 34112 Dear Chair. O~ behalf of the South Horida Water Management's Governing Board and pursuant to Section 373.536(5)(a) Hofida Statutes, enclosed for your review is a copy of the District's Five-Year Capital Improvements Plan and Fiscal Year 1997-1998 Fiscal Report. A copy of this document is being sent to all those individuals specified in Horida Statutes as well as other individuals whom we believe would be interested in the document. A list of these individuals is attached for your information. This report has been revised to reflect the new format developed by the Executive Office of the Governor. This format has been reviewed and agreed upon by all five water management districts. ~ If you or your staff should have any questions regarding this report or need follow-up information, please contact me or Joe Moore, the District's Chief Financial Officer. at (561) 686..8800 or Suncom 229-6000. Sincerely, Samuel E. Poole IH Executive Director SEP/mh y// iorr~$ , Enclosure c a r t e r -~[// Attachment :on st ant Ine .,.c 'r, le / ~" ~/'" I"' ¥ ~ ~rning B~ard Frank %Villiam~m. Jr.. L'hairm.m Eugene K. Pctti,, \'icc Ch,~irman Mitchell W. lk-rgcr 'Ccta M. L'arwr William I';. (;r.~ham William 1 lamnu,nd Date: I{,ch,srd ,\..M.,'hck $.mmcl ti~ l~'oqk' III, Executive Director Michael I). hlinl4m Michael h~i;fi~, l)~u? Ex~'utivc I}ir~'tor Msriam Singer ~V~ P~ ~h, I.~ 33416~80 CO~;~ The .~'WMI)'s FiYe-Yr-ar ¢'npifnl Imprmen.:nf~,pl.n .mr ~N',,J~J~-l~g FN;c.I Reporl h:,~ I,~n mailed f. the fi,lhmin~ individu~h: lr~ B~. I I(~ of Itclxc~n~t~v~, I Iou~ A~ric,dtmc Committ~ I.i~ C~II~. lqon&l ! hm~ of Rc~c~nCdivcs. l I,m~' Wat~ & Rc~urcc M~t Conlnlillcc I~ C~O~. [*'l.n&l ! {otl~ of [<cprc~l;itlvcs. Joillt C~lmitl~ ~ E~rgla~s { )vcrsight Commi[Icc R~' Gacm. ! Io~ of i<~q~f~m~tlvcs. [ [ou~ Fl.'al I<cs~ibtltt~' Councd Bill P~'. I lou~ of Rcp~c~t~vcs. I Iou~ Government (~ttJons CommitI~' K~ ~tt. I Iou~ of Rcprc~nG~tJvcs. I [ou~ (;olcBll (;ovcnxm~mt Committ~ C~I~ W. ~hler I1. Horida ! ]ou~ of Rcqwc~.[a0vcs. Env~ronm~ I~ot~m~ Committee Ro~ J ~Lx. ]:lotida I hm~ of Rcprc~m~itivc~. I lou~ Finance ~ Taxabon W.D ~il~ ~e ~3ofida ~ie. Sut~ommitt~ A, Sc~te Wa~ & ~ ~ ~e lqofi& ~mate. Dadc County l~islative I~lc~ation J~k I~tva~, ~ ~ofi~ S~a~. Natural R~urcc Commia~ ~ ~k~, ~c Florida Scma~c, Su~ommitl~ E (F~ce & T~ R~n, ~ k3o~ Semite, Palm l~ch I.c~islative I~le~tion ~Id C Sulliv~. ~e l.qori~ Sc~te. Ways & M~ Con~igg~ Department of £nvironmental Proleclion Ms. IV[imi Drcw. IX.-pa~lmcnt of Enviromncn~ l'rotection, O~ce of Walcr Policy Ms. Pink)' ! tall, lk'partmcnt of Enviromncncal Protection. Inspector Cf.-hera[ .~ Virgima Wcthcrell. IX.3~'tmcnt of Environ,ncntal Protection llouse General Government Commiuee Cynthia Kelly [louse Water & Resource Managemen! Committee $oyce Pugh County Commissioners Butt Aeon.sou, Palm Dench County Commission ~ B. Berry, Collier County Cormnission ,-"'" ClifOet~, .fr., Okeechobee County Commission Seri Can,ale, ! [ighlands County Commission · lent L. Ca~'r, Polk County Commission Linda Chapman, ¢)rang. c County Commission Crat7 D. Charles, Sr., St. l.ucic Count)' Commission Matthew DeBoer, Chm'lotte County Cotnmission Chuck Dunnick, Osceola County Commission Robert L. Giesler, Glades County Commission Wilhelmina Harvey, Monroe County Commission John E. Manning, Lee County Commissioner Gwen Margolis, Minmi-Dade Commission D,~-~ fi. Melzer, Martin County Commission Lori Pan'is~ l:~'d of County Commissioners Janet B. Taylor, l[endry County Commission Office of Ihe Governor Governor Lawton M. Cldlcs Sandm Howard, Slate of Florida, Executive Off, cc of thc (;ovcrnor Rob Lankford, State of Florida, Executive Office of thc Governor Terry Pride, State of Florida, Exccutivc Office of thc Govcmor Roberl Bradley. Slate of Florida. Exccutivc O~cc of thc Govcmor F, sics WhRficld. State of Florida. Exccutivc Off, cc of thc (;ovcmor Linda Shelly, State of Florid~ Exccutivc Officc of thc Govcrnor Water Management Dbtrlcts Yvonne Gsteigor, Souther Florida Water Mana~cnncnt District Larry Wright, Northwest Florida Water Managemcnt District Dat~ PokramL ,Southwest Florida Water Management District Tom Bates, St. Johns Rivcr Water Management District Veto Ro~a~s, Suwanm. e River Water Management District FIVE-YEAR CAPITAL IMPROVEMENTS PLAN AND FISCAL YEAR 1997-1998 FISCAL REPORT As required by Section 373.079 (4) (b)3, Florida Statutes November 6, 1998 TABLE OF CONTENTS I. Introduction .............................................................................................................. 1 II. III. IV. Water Management District Program Definitions for FY 1997-1998 ..................... 2 Summary Statement of the Financial Operations of the District ......................... 3-5 Actual Unaudited Revenues, Expenditures, and Personnel by Program for FY 1997-1998 ............................................................................................................ 6-8 V. Overview of Five-Year Capital Improvements Plan ............................................... 9 VI. Five-Year Capital Improvements Plan ............................................................. 10-14 VII. Project Descriptions ............................................................................ : ............ 15-64 Appendix ............................................................................................................................ 65 I. INTRODUCTION This document is submitted by the South Florida Water Management District (Dist~c0, one of five water management districts in Florida, in compliance with reporting requirements of Section 373.079, Florida Statutes. The format for this report has been developed jointly by the Executive Office of the Governor and the five water management districts (WMDs). As specified in statute, this report is being distributed to the Governor, President of the Senate, Speaker of the House of Representatives, and the Secretary. of the Depax~unent of Environmental Protection. In addition, this report is being distributed to the chairs of all legislative committees and subcommittees with substantive or fiscal jurisdiction over the districts and the governing body of each county in wNch the district has jurisdiction or derives any funds for the operations of the district. The five-year capital improvements plan (CIP) includes projected revenues and expenditures for capital improvements for fiscal years 1998-1999 through 2002-2003. As directed by Section 373.079(4)(b)3, Florida Statues, the CIP has been prepared in a manner comparable to the state agency fixed capital outlay format (specified in Section 216.043, Florida Statutes). The fiscal report contains actual unaudited revenues and expenditures for fiscal year 199%1998. This data is reported using the six program categories used to prepare the District's August 1 tentative budget submissions (pursuant to section 373.536, Florida Statutes). Actual audited expenditures for this same year will be available when the District publishes its annual financial audit in late 1998 or early 1999. H. WATER MANAGEMENT DISTRICTS PROGRAM DEFINITIONS FOR FY 1997-I 998 NOTE: These definitions were in effect during FY 199%1998. For FY 1998-1999 budget reporting, the Executive Office of the Governor and the Water Management Districts (WMDs) revised these definitions to more accurately group the WMDs' current activities. The revised definitions may be found in an appendix to this report. Water Resources Planning and Monitoring This program includes ali planning consisting of SWTM, environmental, flood control, water supply, water quality and SOR/P2000 planning, research; data collection, monitoring and management, and scientific lab analyses. Acquisition, Restoration and Public Works This program includes all those activities in which the WMDs are actively "f~ng' or soMng water resources problems. These activities would include the development and construction ofail capital projects Cmcluding water control, support facilities, and administrative facilities construction), ail land acquisition including $OR/P2000, and ail "active" phases of restoration of lands or water bodies. Operation and Maintenance of Lands and Works This program includes all routine O&M offlood control, water supply, office facilities, SOR/P2000 lands, and other works authorized by Chapter 373, including right-of-way permitting and enforcement. Regulation This program includes water use permitting, water well construction permitting, water well contractor licensing, surface water management permitting, permit administration and enforcement and any delegated regulatory program from the DEP. Outreach This program includes all public outreach and education such as water conservation campaigns, environmental education, intergovernmental coordination/cooperation, technical assistance, local and regional comprehensive plan review, cooperative agreements with local governments, and legislative outreach activities. District Management and Administratiorl This program includes all Governing Board support, executive support, general counsel, centralized computer services, human resources, finance, audit, budget, program evaluation, management information systems, and administrative services. 2 III. SUMMARY STATEMENT OF THE FINANCIAL OPERATIONS OF THE DISTRICT The financial operations of the District are organized arid operated on the basis of funds and account groups. A fund is an independent fiscal and accounting entity with a self-balancing set ofaccounts. Fund accounting segregates funds according to their intended purpose and is used to aid Management in demonstrating compliance with finance-related legal and contractual provisions. The minimum number of funds is maintained consistent with legal and managerial requirements. Account groups are a reporting device to account for certain assets and liabilities of the governmental funds not recorded directly in those funds. General Fund General Fund: Accounts for District-wide expenditures and is primarily supported by ad valorem taxes, permit fees, and interest earnings. Special Revenue Funds Okeechobee Basin Fund: Accounts for the normal operating expenditures of the Okeechobee Basin, which covers all or part of 15 counties extending fi.om the Kissimmee Chain of Lakes in Orange County through Lake Okeechobee, the Everglades, and Florida Bay. Funding is primarily provided by ad valorem taxes, U. S. Army Corps of Engineers and Florida Game and Fresh Water Fish Commission grants, Depa.nment of Environmental Protection (DEP) intergovernmental revenue, and interest earnings. Big Cypress Basin Fund'. Accounts for the normal operating expenditures of the Big Cypress Basin, which covers all of Collier County and the northwestern part of Monroe County. Funding is primarily provided by ad valorem taxes and interest earnings. Save Our Rivers (SOR) Fund: Accounts for expenditures of the operations and maintenance costs of lands acquired with SOR funds. Funding is primarily provided by a portion of the documentary stamp tax collected by the state and allocated to the District to preserve and restore water resource sensitive lands. Surface Water Improvement and Management (SWIM) Fund'. Accounts for expenditures designed to protect and restore the surface waters of the following three priority water bodies: Lake Okeeehobee, Biscayne Bay, and the Indian River Lagoon. Funding is provided by the Ecosystem Management Trust Fund and the Water Management Lands Trust Fund (WMLTF). In the absence of SWIM appropriations, the WMLTF will provide funds to continue the District's SWIM program. Throughout the fiscal year, funds fi'om the WMLTF will be transferred to the SWIM fund to fund the District's SWIM initiatives. Invasive Plant Control Fund'. Accounts for expenditures made for invasive plant control in the Kissimmee River and the Kissimmee Chain of Lakes. Funding is provided by the Aquatic Plant Trust fund which is passed through DEP to the District. 3 Wetlands Mitigation Fund: Accounts for revenue and expenditures made in accordance with provisions stipulated in issuing environmental resource permits that include mitigation payments for wetlands specific purposes identified in the permit. Indian River Lagoon License Tag Fund: Accounts for revenue and expenditures associated with the sale of a special license plate (i.e., Snook Tag) which recognizes the importance of the Indian River Lagoon (IRL) to the state's ecosystem. Proceeds from the sale of this specialty license plate are collected by the state of Florida and divided between the South Florida and St. Johns River Water Management Districts. Of the revenue received by the District. 80 percent is dedicated to IRL restoration projects with the remaining 20 percent dedicated to IRL public education projects. External Grant Fund: Accounts for revenue and expenditures associated with external grants received primarily for research purposes. Funding is primarily provided by federal, state, and;or local government agencies. This separate fund allows for the detailed tracking of expenditures and/or cost-share contributions. Alternative Water Suppl)' Fun& Accounts for revenue and expenditures associated with the development of alternative water supply facilities. During the 1995 Legislative Session. an '~Altemative Water Supplies Bill" was passed which directs each of the state's five WMD's to provide financial and technical assistance to local governments in developing alternative water supply facilities, including aquifer storage and recovery, and wastewater reuse technologies. The District's Governing Board has presently dedicated 1/100t~ of a mill from the District-at-large millage rate to fund these initiatives. O&M of the STAs Subfund: Accounts for expenditures associated with the operation and maintenance of the Stormwater Treatment Areas (STAs) as required by the Everglades Forever Act. Expenditures will be consistent with the provisions of the Act. Funding is provided as part of the funds deposited in the Everglades Trust Fund. This subfund comprises a pan ofthe Everglades Trust Fund. Everglades Restoration Subfi~nd: Accounts for expenditures other than operations and maintenance costs or capital expenditures to implement the Everglades Forever Act. These expenditures include research and monitoring, regulation, and exotic species control. All expenditures will be consistent with the provisions of the Act. Funding is provided by transfers from other ad valorem funds. This subfund comprises a part of the Everglades Trust Fund. Capital Projects Funds District Capital Fund: Accounts for costs associated with District-wide capital projects. Funding is provided by transfers fi-om the General Fund. Okeechobee Capital Fund: Accounts for costs associated with Okeechobee Basin capital projects. Funding is provided by transfers fi-om the Okeechobee Basin Fund. 4 Big Cypress Capital Fund: Accounts for costs associated with Big Cypress Basin capital projects. Funding is provided by transfers from the Big Cypress Basin Fund. Sm'e Our Rivers Capital Fund: Accounts for acquisition costs of lands consistent v, ith the District's five-year land acquisition plan. Funding is provided by a portion of the documentary stamp tax collected by the state and allocated to the District and proceeds of the Presen'ation {P2000) bonds issued by the state and granted to the District. the Federal Farm Bill and the Conservation and Recreation Lands Trust Fund. [Accounts for the payrnent ofprincipal and interest on the Series 1993 Land Acquisition Refunding Bonds. Series 1995 Special Obligation Land Acquisition Refunding bonds, and Series 1996 Special Obligation Land Acquisition bonds.] Funding is provided by transfers from the Water Management Lands Trust Fund. Everglades Construction Project Subfimd: Accounts for capital expenditures to implement the Everglades Construction Project as required by the Everglades Forever Act. Revenue and expenditures will be consistent v.'ith the provisions of the Act. Revenue will include dedicated ad valorem funds, state funds, Florida Pox,er & Light mitigation funds, and an agricultural privilege tax. Expenditures will go for the land acquisition, design, and construction of the Everglades Construction Project, This subfund comprises a part of the Everglades Trust Fund. Federal Emergeno' Management Ageno' (FEM.~) Fund'. Accounts for revenue and expenditures associated with District recoves' efforts following severe natural disasters such as hurricanes and floods. Revenue is received from FEMA and is disbursed to the District on a reimbursable basis. This fired also accounts for federal funding used to mitigate future damage from such disasters. Florida Boo' Fund: Accounts for capital costs associated with restoring a more natural quantit,v, distribution, and timing of flows to Florida Bay. Funds for these projects are derived from excess Alligator Alley Toll revenue as stipulated for this purpose in the Everglades Forever Act. Brater Resource Development/Critical Restoration Project Fund: Accounts for revenue and expenditures associated with regional water resource management projects and regional or local water supply development assistance projects. These projects are designed to increase the availabilits,' of water supplies for consumptive use or cost share with the Federal government on regional projects intended to mitigate consequences that are an outgrowth of the original C&SF project. Internal Service Fund Accounts for expenditures related to general, aUtomotive, and workers' compensation insurance. Funding is provided by charges to the General Fund, Okeechobee Basin Fund, Big Cypress Basin Fund, and the Save Our Rivers Fund. IV. ACTUAL UNAUDI'I"ED R.EVENUES, EXPENDITUR.ES, AND PERSON~'EL BY PROGRAM FOR FY 1997.1998 The spreadsheets on the following pages contain actual unaudited revenues, expenditures and personnel for fiscal year ! 997-1998. The information contained in these spreadsheets is unaudited and, because the District has not yet dosed out its 1997-1998 fiscal year, may be incomplete. The deadline for the submission of this report is prior to the time in which the District can fully record all accrual activity and prior to financial adjusting entries that may be required as a result of the financial audit. Complete and audited figures will be available when the District publishes its audited financial statements in December 1998. 6 V. OVERVIEW OF FIVE-YEAR CAPITAL IMPROVEMENTS PLAN The purpose of the five-year capital improvements plan (CIP) is to project future needs and anticipate future funding requirements to meet those needs. The CIP includes expenditures for basic construction costs (,permits, inspections, site development, etc.), other project costs (land, survey, existing facility acquisition, professional services, etc.), and anticipated changes in program costs (including salaries and benefits), changes in maintenance costs, and changes in utility costs. The development and construction ofall capital projects ar~ budgeted either under program heading Acquisition, Restoration and Public Works or under program heading Operation and Maintenance of Lands and Works. The capital improvement projects are categorized according to the following activities: Land Acquisition, Water Resource Development Projects, Surface Water Projects, Other Cooperative Projects, Support and Administrative Facilities Construction, Everglades Construction Project, Land Management (Save Our Rivers/Preservation 2000), and Operation and Maintenance of Regional Flood Control Systems. ¸,9 VI. FIVE-YEAR CAPITAL IMPROVEMENTS PLAN lO FIVF-YEAR CAPITAL IMPROVEMENTS PLAN FISCAL YEARS 1999-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LAND ACQUISITION REVENUES P'2000/W~ter M~ ~ds Tm~t Fund 9,~.~ 18.2~,~ ~8.2~.~ 28,~.~ 28,~.~ F~ F~ Bill 28,~.~ 0 0 Fu~ Baize 2 TOTAL 59.~.~ ~'~'~ ~.~.~l ~,~.~ ~.~.~I ¥~rPA $ ' ~ Acquisition in ECB 28.400.000 0 ' O ~ " C Water R~sources Land Acqusifion 31.000.000 30,000.000 30.000,000 30,000,00~ 34,800.CX~ WATER RESOURCE DEVELOPMENT PROJECTS REVENUES . _ .,z_,-- ':- "',~u. _ .'T~.T_,~5 :-..~ .... i ' I~¥U:_L 7- Ad Valorem Taxes 13,247,137 TBD TBO TBD TBD TOTAL 13.247.13'/ 0 oJ 01 O, EXPENDITURES ~_. o,. ____ ,.,,~:. .......... .~-~:~_ ..... .;-~,~ _ty~_ ~: Water Resource ~vclop,mcm ~o)~t~* g,~,737 TBO TBO ~D TBD Alternative Water Supply ~oj~ 3,~.~ TBD TBD TBD ~D TOTAL 13,247,137 01 0j, 0 0 No~e: Rqnt'~nu 75~ of Water Resource Development l~jezuJcnt~c~l Restoration Projects a[mbutable to esrlmate of Water Suppl) compoflcnL SURFACE WATER PROJECTS REVENUES .v l"' I~' ....... :'-- ---" Other Scare Revenue 200,000 0 0 0 0 P'20OO/Water M~ [.ands Trust Fund 19,807,000 10.0OO,ooC ~o.ocx).ooo 0 0 Ad Valorem Taxes 3.294.912 TBD TBD TBD TBD TOTAL 23,301,912 $ 0,000,000 ! 10,000,000[ 0 0 EXPENDITURES ''." - Florida Bay C-i I l Project Modifications 4,750,00(1 0 TBD 'rBD TBD Florida Bay Modified Water DeUve~ 0 TBD TBD TBD TBD ICissimmce River Restoration 15,057.00G 10.000,000 10.000.000 0! 0 Henderson Creek Structure 200,000 0 c C 0 Critical Restoration Pro~ec~** 3.294.912 TBD TBD 'I'BD TBD TOTAL 23.301.g12 10.000,000 10.000,0001 C 0 Note.- Repmseats 25~ of Water Resource Development Projects/Critical Restoration Projects attributable to eslimale of Water Supply componenL 11 FIVE-YEAR CAPITAL IMPROVEMENTS PLAN FISCAL YEARS 199%2003 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT OTHER COOPERATIVE PROJECTS Ad Valorem Taxes 550.000 TBD TBD] TBD TBD TOTAL 550.000 01 01 ~ 0 EXPENDITURES "-- I I _'.~ .... ~r. ........ ~,,';- - - Dc~dn.~ Estam 200.000 0 o oJ 0 Stm'mwatct' l:~'oj~cts 350.000 TBD TBD TBO TBD TOTAL 550.000 0 0 O 0 SUPPORT AND ADMINISTRATIVE FACILITIES CONSTRUCTION Ad VaJorcm Taxcs 270,000 979,000~ 1,2OO.000 1.350,000 1,500.000 Loan Proceeds 6,618,13! 6,409,869 6,0(x),oo0 2,000,000 0 TOTAL 6.888,131 7~88.869 7,200,000 3,350.000 EX~E~.TORES II -- ~ B..50 Replacemtmt 1,000.00~ 8,000,000 6,000,O00 2.O00,00~ 0 B-I Emerg~cy Operations Ccntcr 2,418,131 409,869 0! 0 0 Field Op~tJon$ Ccntgr 3,200.00(] 0 O 0 0 OMD Field Station improvements 270,000 979.000 1.2oo,o00 1.350,(X)0 1.500.000 TOTAL 8,888.131 7,3~.869 7.200,0001 3.350,000 1,500.000 , ll~ I I II ii ....... II IIII IJ I II II1! FIVE-YEAR CAPITAL 13,IPROVEMENTS PI.AN FISCAL YEARS 1999-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EVERGLADES CONSTRUCTION PROJECT* REVENUES ............. Okeechob~e Basin Ad Valorem (0.100 mill) 27.064,187 28.146,754 29.272,624 30.443.529 31.661.270 Fund BaJ3nce (from Prior Year) 82,702,965 9.083.619 6.227,727 40.957,449 49.685.194 Everglades A.m-iculture Privilege Tax 12,298.572 12.298,572 12,116.339 12.116,3,39 12,116,339 Alli,~ator Alley Toll Revenue 1,06~,500 1,000,000 1.oC~.000 1.000,000 1,000.000 Inves~mem Income 2.983,328 9,51.032 1,816,730 2.995,495 2,743,194 TOTAL 126,111.552 51,479.977 5C~,43.3,4201 87.512,812 97,205.997 EXPENDITURES [ ......... ECP Pro?am Mana~emem/$upporl # 2.170.771 307.845 142,087 1,473.332 1,872,004 STA-I Ea.,~t/C.51 West 3.337,455 3,390.287 2,252,007 1,205,275 0 STA-I W. Works & Outflow PS (G310) 25.95&b-/6 8,301,343 0 0 STA. I Inflow & Distribution Works 1.870.557 6~9,413 1,379.7o4 357,609 C~ STA-2 Works & Outflow PS fG335) , ,~.4.024.470 7,684,298 0 S-SA Basin Runoff Diversion Works 8.887,868~ 6.395.S&8 0 ~ 0 WCA-2A tlydropcriod Restoration 3.279.316 1,17g 0 0 0 sTA-3/4 Win-ks 20,782.79g 5,65&241 4.469.663 28,416,324 51,977,878 East WCA-3A Hydroperiod Restoration 0 7O5,946 148.1 is 6,361,515 5,5'/4,183 STA-:J 4,824,418 0 0 0 1,065.490 Rotenber~er Resloration Works 853,152 ~a0,30'3 0 0 0 STA-6. Section II ~0.6'95 4.529,414 26,593 West WCA-3A Hydroperiod Restoration 5,666.064 0. 0 G 0 298 Districts Diversion/Closter Farms 3.464.010 ' 4.025.726 0 (~ 634.296 ~Northcm L-8 Basin Improvements 605.2701 1.191,~ 1.o37.8o2 0 0 STA Public Access Facili~ G 1,071.657 0 0 0 _Program ContinentT # l~'/~,~o~ ~3~.o42 o o o Cash Reserve (Cat,over) # g.0~3.619 6.227.727 40.957.449 4g.68S. 194 30.921,697 TOTAL 126,111A52 51.479.977 50.433.420J 87,512.812 g7~__.997 Note: Does nm include Federal comribut~on. Note: These costs ate no~ specific m any one ECP project md wqi be a, smbutcd across a number of project components. LAND MANAGEMENT fP2000/SA~ OUR RIVERS) REVENUES [ -' '" ,lae'~ P2000/Water M~ Lands Trust Fund e ~0.0oo 3o0,0o0 300.00(1 :300,000 TOTAL I EXPENDITURES Public Use Facilities 0 3OO,°°° ~cx~,0c~ 3o0.00o ~oo.ooo TOTAL 0 300,000 300.000 300,000 300,000 13 FIVE-YEAR CAPITAL IMPROVEMENTS PLAN FISCAL YEARS 1999-2003 SOUTH FLORIDA WATER MANAGEMENT DISTRICT I OPERATION AND MAINTENANCE OF REGIONAL FLOOD CONTROL SYSTEMS ] REVENUES Il ~ Ad Valorem Taxcs ~0.3,.~4,733 9.035.000 8.555.0(X~ 6.313,000 4,310,(:X~ TOTAl 10,354.733 9.035,000 8.555,000 6,313,(XX3 4,310,CXX) EXPENDITURES G-93 Automation 01 200,000 o ~ 0 Pump Station Modificadona/Rcpairs L~0,000! ~30.000 1.025.000 750.00~ 700.000 Lake Okc~chobc~ PS Repow~rin~ 0 .~x),0~ 5~::x:~.o~ ~0,00~ Pump Station Backflow Gat~ Rcplacemcn! , 0 3,.~).o<:x} 465,000 470,000! 650.(xx~ Projcm Culvert Rcplaccmcnta ~,000 tL~O,cx:~ 1,0~,000 1.040,0001 TBD Str~cturc Modificadon.~Rcpairs 1.320,000 Ll~,000 ~,21S,000 740.000! .~'a,,'i~E3~on Locks Rcfurbishmcnt~ 0 575.000 4~.o<:x~ 440,(XX: 4~O,000 ~v~ Main~,nanc~ ~4~,00~ ~90,0(x3 615,000 400,0(X~ TBD Cocohatch~c Canal Phase IV Improvement 1.720,~X: 0 0 0 0 BCB Land Ea.~mcnts 75.00~ 0 0 0 0 Corkscrew Canal ImFovemcnts e 0 0 ~.000.000 0 CR95 ICanal Improvements {} ~.000.000 0 0 0 Faka Union Weir #4 R,"habilJ~ation (} 0 0 0 800.000 Golden Gate Canal Weir #I O 0 2.5oo.ooo 0 0 Tclcme~ Facilities Improvements ~00,000 220.000 35o,o00 573.000 700,000 ,Bi~ .C'~n~ss Basin Wa~ M~t. lm[~mvements 2.~4,73a 0 0 0 TOTAL , , ~O.aS%7'~ 9.035,000 S,$SS,OOC s.3~rOOO 4.~0,000 ITOTALCAPITAL EXPENDITURES 127,475,84 ~4 VII. PROJECT DESCRIPTIONS . WP~k's LAND ACQUISITION IN EAST COAST BUFFER Major Program Name Program Element/Activity Name & Number Partnerships and IP2OOOlFarm Bill- CARL - 100% District-wide Water Resource M~t Programs Water Resource Land Acq/Mgmt IAa06 - Land Acquisition Cost Share 50150 Scope: FY 1999 $28,4OO,000 Estimate Completion December 31, 2004 Date Manager / Dawn Reid Contact Projects and Costs within Activity II I The lands and hydrologic systems of South Florida have been greatly altered as development has progressed. In 1992, Congress authorized a Comprehensive Review Study' of the Central and Southern Florida Project '(Restudy). Its purpose is to determine Ihe feas~iIRy of re-engineering the system for restoration of the Everglades and Florida Bay ecosystems while providing for other waler related needs. Water Preserve Areas (WPAs) have been identified as a major element of the Restudy: The WPAs included here and delineated in the Save Our Rivers Land Acquisition and Management Plan are identified as the East Coast Buffer. The East Coast Buffer consists of a total project area of 70,883 acres located in Palm Beach, Broward and Miami-Dade Counties. The WPAs ate envisioned as a system of marshlands, reservoirs and aquifer recharge basins that could be managed to store excess runoff, restore natural flow patterns, recreate wetlands, provide water quality treatment and provide a buffer between the Everglades and development. Purpose: JPlan Unkage: SOB Land Acquisition & Mgr. Plan; Areas of Responsibility: water supply, water quality, flood protecfion, natural systems; Anticipated Additional Operating Costs: $200.000 covering five years. The WPAs have six objectives: 1)Wetlands to enhance or maintain their ecological value; 2) Reservoirs for use as storage facilities; 3) Stormwater attenuation areas to attenuate flood peaks and temporarily capture water that would be lost to fide; 4) Water quality treatment areas to Improve the physical, chemical and biological quality of surface rwalers; 5) Groundwater recharge areas to allow surface water to migrate downward to the water table; and 6} Mitigation areas to offset the less of natural lands elsewhere, 1997 / 1998 Accomplishments 1998 / 1999 Objectives East °°asr Bu"er ' s g"ed c°ntracts and cl°s since 10/I/97 - 43 tracts of land in Dado and Broward Coun~ for a to~l of 321 acres Project, Phase Schedule ~;~.~;~....~.; ~-'.~, ? ~e,~ ~:,~:~.~: ?~. 1999 :,,~ ~.2000. Design ,7' Permittin~/~ :; ,:, :~ ~ ~--~F;'~. ~,.~F?~ ~'~; ~ ~'~ ~ :. ToUl ~st ' I S28.4,M I S0 I S0 I SO ,! S0 16 RESOURCES ACQUISITION (SOR/P2000) Major Program Name Program Element/Activity Name & Number Partnerships and District-wide Water Resource [ FY 1999 $31,000,000 Mgt P .rograms E s t i m a t e IWater Resource Land Acq/Mgmt C o m p l e ti o n Ongoing Date ] i Manager/ Aa06 - Land Acquisition C o n t a c t Chuck Rinaldi Cost Share Projects and Costs within Activity P-2000. SOR. CARL Scope: As a par1 of its mission, the District protects and manages the wetlands, lakes, bays, and rivers of south and central Florida for lhe purpose of safeguarding the quality and supply of the region's water resources, now and for the future. The process requires lhe Distrfct to evaluate suitable lands, appraise lhem and make other inspections and then negotiate with the landowner. Successful negotiations are memorialized in an Agreement for Sale and Purchase that is taken to the Governing Board for approval and then closed. Once acquired, the District 'can implement management strategies to protect and enhance the water resources. Purpose: IPlan Linkage: SOR Land Acquisition & MgL Plan; Areas of Responsibility: water supply,' water quality, flood protection, natural systems; Anticipated AddRional Operating Costs: $1,500,000 covering five Years. State law requires the District to manage water and related resources for the benefit of the public while Providing environmental protection and enhancement, water supply, flood control, and water quality ProteCtion. In 1981, the Florida legislature created the 'Save Our Rivers' program for the state's water management districts to acquire environmentally sensitive land. The statute enables the water management districts to use certain funds to acquire fee title and o~er interests in land needed to manage, protect, and conserve the state's water resources. The Preservation 2000 Act, enacted by the Florida legislature in 1990, aisc added land acquisition funds to the Save Our Rivers program. The Conservation and Recreation Lands (CARL) program is the Department of Environmental Protection's (DEP) counterpart to the water management districts' SOR program. 1997 / 1998 Accomplishments Acquisitions in Model Lands/Southern Glades Project I Acquisitions in CREW Project SeaWinds Acquisition in A~lantic Rid.qe Ecosystem 1998 / 1999 Obiectives IContinue acquisition programs in SOR Projects · Project Phase Schedule I? WATER RESOURCE DEVELOPMENT~CRITICAL ..... ~ Maior Program [District-wide Waler Resource Mgt Name ~ Program IWater. Mgt Planning & ILL~..plementafion Element/Activity ~r Mgt Planning & Name & Number ~n'iation Partnerships and Cost Share IMu[tip. le parlnerships::lncluding:: USACE, · "~i, ~ '~ Miami-Dade WASA,' P.'al~t i. Be~i~COuntY. Lee' COunty;' Martin Goun{y;:: IB~ ~,YpreSS Basin Scope: -,i Estimate Estimated [ · Ongoing Completion Manager / [ D~o Contact Proiects and Costs within ActiTvity Attached List ...... .i?.~!?'! i' Th[s:'activity 'covers ~t~enty~five': separate, sub-projects,' i~nvolving partnerships between :the: DistriC. t;[a'~: federal, ';',* '. :~,' ; '~',,'~,' :;~'~ :': :,~_--~,~.".~';;~; .;~;, '" ,. "~' .. ,~. '. '. ~' --,;,., ¥,;;~.':¢~,. ~ :' · .....- '....,.: ~,,..' ~,~:~;',.~-.':..~:,;~<:>.~<~,- · ;: :..~,.... .z slate, and..Iocal, govemment;enht~es~:jThese, sub.prolects;Were?.divided ;into Iwo'lists,':.lJ:a~d ~on'7~r[d~f~;list :6f ' h!g~e(,p~0.,~.~'~'~t..e.~ .s,~i~,~,i~pf/' !o~.eripriorily);Z.~e~?~A;..'.,~ii~t,.'~f~f which'i~ll 'pr..6je(Jts. are,: ii~i~'~ritjcaf, mclud~s'~Ten-Mde. Cm_ek ~in ,Madin;.~unty,-the~ C4 ~cture~s.,in:Dade. Countyi'. Lake ~Okeechobee-,Water,' ~;."- ..:; ~ ,~-¢:,, · ~ -: ~.~;~.-.z ,, v~,,,:~'<,:~s,~.;'-; ~,,~;y~,:~.~'~;.'> ..... f-, ',,~',;,. -,;..~::j,,? .,./., ,..,~,.,~, .>.~.~e~,~/.? .-,?, z.: ,, . , '", '~ ",%'-;,::~'~'; ;;:':if;;-'-'2,::~'~;¥:r'¢'~:';'~-'~;;~' ','¥; :~; ;' Re~ .r~.~t~osph r,0.,,u~S~.,:~.e ~.l~;.~rl~..:of lake. Okee~ee;'.S~ ire,. Quah~. Improvement>nea~.U~~o~e ' '"~'' ~.~ ,'," .... ~,~'~",~f~-%~ .':-c~z,.~; ~"'*';;.' ..... ~ ...... ,-~-z~3 ¢.~r,~,~,,'c ~: ;:~'¢.., '...,:..>.. '~;'.'~;,'s';;:::'.::,.,,".~.~';~,<~:~.~'. './.. .; ,,- .,~ ~,>/.x..~ .... .,..,,. ;; .,. < ..... <.,%. ,.:~.¢/.......,,.,;~<~,x<,;~,:. ,:... vane~[,pr~je~ ~]n~lu~p/op~d CaloosahAl~e~..Rese~ol¢ ,~So~hem. CREW-Reslorationi~m~ifl~flons:-~to ;the '. ~e':~ ',;es(~/ '-:"~' e~'~:~2~ "-<,~"' ..~g2,.~ ~'~';~:;.?TM ~,S2:'e',,~,'~,.~?.%;,:;~':? >~';:''' ,;. ".'", ... '. ~',,...,,..-.2,..~,;:,..:,,:,:, >.- ;:,~<~ " ~'' ~$~:;'~ ~ ~'"';'"/~,;t'~;~";~¢~ '~:"~ "5"~ '"'e ..... , .', .'¢".-;':' ;." t'~'~,~' ~,:.',g .... ,. ,, ?;.':... · . ,~,. ;,. : . ,.~... ,'t : ..... '. "~;~ ~A' .... ':' 1997 / 1998 Accomplishments 1998 / 1999 Objectives [ MU~lilSi&:~bbjeCt h/e s'!'~varyin{i '~bY~Stib~'r°J ect Pro ect Phase Schedule TBD 'rBD Project Title Major Program Name Program Element/Activity Name & Number IDistdct-Wide Water Resource Management IWater Management Planning and Implementation IAItemative Water Supply Projects - Dm01 Partnerships and Cost Share Scope' FY 1999 Estimate Estimated Completion Manager/ Contact $3,362,400 September 30, 1999 Jane Bucca Projects and Costs within Activity 18 individual projects with funding levels ranging from $62,500 to $200,000 rTO be eligible for funding, projects must propose development of capital facilities and must be within a designated Water ResOurce caution Area. Each proposal must meet the following criteria: 1) Consistency with Distdc~ Plans. Evaluate the extent to which the projec~ complies with or furthers the recommendations of the applicable regional water supply plan, and is consistent with the District's egional Planning initiatives,: 2) Wa[er ResOurce Benefit ' Evaluate to What degree the project Will enhance isolated wef. landS,:help Protect {he Everglades and other envir0nmental'iy Sensitivei~'eas, lradlitate aquifer'Pro[eclionl reduce salt wa[er intrusion, increase water.co'nserVatibn and/Or ameliorate competition for well-fields, 3)Advancement of District Priorffies - Evaluate the eXtent'to which: the projec~ will help the DLstH'ct meet:its responsibilities and mLsslon? and 4) Overall COst Effectiveness - Evaluate the extent to wflich the Project demonstrates cost effectiveness. Purpose: The purpose of this p~ject isto assist local governments in de~'e!0pinglaltema~iFe Wat. el;~upplies, inCluding aquifer sl6rage:!and~rec0very; and ~slewater reusete~ri016gi~s:: in !i995i j. ni~eaSed:demands on natUral supplies'of freshWater]ed the Florida Legislature t0:en:~ctF.s::373H961 toi~Vide!'Unding to those entities willing.:lo e~!p:re cost:effective; Safe and appmpdate alternative water suPplies:: The legislative intent was to have. the water management districts shama POdk~n Of their ad Valorem itax revenues to devel0p alternative supplies. Altemative supply SYs!ems aredefined by the legislation as 'supplies of water that have beea reclaimedafter one or more Public SUpply, muniCiPal;i ind~l, commercial, or agricultural uses, or are supplies of stormwate~; 10i' brackish or salt water~ that have been treated in accordance With:applicable rules and standards sufficient to suPPly the intended use~' 1997 / 1998 Accomplishments Executed 18 proj~ ~0~ a t0ta! p[oject cost of $4,922.000 1998 1 1999 Objectives [!nitiate;and C0~!eial! 18 pmje~s :; · tE~j: Si~ pre rnb;er 30; i999 Project Phase Schedule 19 20 FLORIDA BAY: C-I 1 I PROJECT MODIFICATIONS Major Program Name Program Element/Activity Name & Number Partnerships and IUSACE=80% $3 million fFY99) [Re'--~ional Resloration Programs Southern Everglades/Florida Bay Restoration tea02 - Land Acquisition Cost Share Scope: Completion ' Manager/[ Contact Lisa Smith ects and Costs within Activity ~ccqui~i~'n' S4.75 million (P2000/ Canal C-111 basin (C-111) is located in southeastern Dade County and includes the borrow canal to L-31 N south of S-331, the borrow canal to L-31 W, and canals 110 & 111 which are all integral features of Ihe C&SF Project. The Assistant Secrelary of the Army approved the Corps of Engineers Final Integrated General Reevaluation Repod and the Environmental impact Statement, dated May 1994. The modifications planned include construction of levees, canals and pump stations in the Rocky Glades/transition lands/Frog Pond areas to enhance the flow of water from the traditional headwaters of Taylor Slough to Everglades National Park and Florida Bay. Construction of a pump station and spreader canal and modifications to canals in the lower C-111 basin will promote sheet flow south towards the panhandle of Everglades Nalional Park. Land acquisition in support of this project is fee interest in all lands within the project boundary. The remaining acreage to be acquired in the Rocky Glades is @5,250 acres. Purpose: IPlan Linkage: C&SF Restudy; Area of Responsibility: natural systems; Anticipaled Additional Operating Costs: $25,000 annually. The canals and strUctures in the basin were constructed to provide flood control, then were modified to provide water deliveries to the Everglades National .Park. Environmental concerns have persisted due to the alteration of the hydroperiod which has affected the Everglades ecosystem 'and ils environmental values. Surface water overflow to the Everglades National Park and Northeast Florida Bay are poorly distributed. Operational releases of largo volumes of freshwater and the loss of groundwater and ovedand sheet flow have contributed to a deterioration of the Everglades ecosystem and a reduction of madne and estuarine productivity. IThe project modifications are designed to: 1) Restore historic hydrologic conditions 2) protect natural values of IEverglades National Park 3)iEJiminale damaging fresh w~er flows to Manatee and Bames Sound, and 4) Maintain Iflood projection east of L-31N and C-111. 1997 / 1998 Accomplishments 1998 / 1999 Obiectives Complete construction of S-332 D pump station Complete Spoil Mound Removal in lower C-111 Raise and cost est mate Execute PCA Amendment Execute Condemnation Agreement Replace Taylor Slough Bddge Proiect Phase Schedule 21 .FLORIDA BAY: MODIFIED WATER DELIVERY PROJECT ! Maj°r Pr°gram F [ Name tonal Restoration Programs S0 Program ISouthern Everglades/Florida Bay1 iRestoration December 1, 2004 Element/Activity IEb02 - Mod. Water Deliveries / Name & Number ILand Acquisition SusanOIson Partnerships and Cost Share Costs within Activity Scope: FY 1999 Estimate Estimated Completion Manager Contact iProjects and The hydrology of the Southern Everglades was altered by the conslruction of L-67A, L-67C, and L-29 flood control levees. Unseasonably higher water conditions in the Everglades National Park (ENP) in 1983 prompted Park officials to request emergency measures be taken to correct the hydrologic imbalance and restore sheelflow to the northeast Shark River Slough. Congress acrthorized and the Corps conducted a program of experimental water deliveries to the Park. In December 1989, President Bush signed the 'Everglades National Park Protection and Expansion Act'. This act authorizes expansion of the ENP to include an additional 107,600 acres and authorizes the construction of modifications to the C&SFFCP to the benefit of the ENP. P u__.~_p o s e: Plan Linkage: C&SF Restudy; Area ot ResPonsibility: natural systems; Anticipated Additional Operating Costs: To be determined. The primary objectives of this project are t° enhance the natural resources of ENP in Shark River Slough (SRS) through structural and operational water management alterations to the C&SFFCP. A secondary objective is to develop an initial operating plan based on restoring, to the exlent possible, the natural hydrologic conditions within the ENP and other contiguous Everglades habitat that may be necessary to achieve the primary objective. The proposed plan will alter the timing, volume and location of water associated with the original construction of L-67A, L-67C & L-29. Structures will be added: to allow the discharge of water from the WCA 3A to WCA 3B, in the L-67A borrow canal to prevent overdrainage of north WCA 3A, and to serve as outlets from WCA 3lB to provide deliveries to the SRS. L-67 exlension and its borrow canal will be removed to restore hydrologic inleraction for SRS. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Tamiami Trail and acquisition of approx. 330 acres of property in the 8.5 SMA. Proiect, Phase Schedule Phase ~ FY 1999 FYi2000 -.I FY2001 FY 2002 FY 2003 Total Cost J $ 0 TBD 1 TBD TBD TBD KISSlMMEE RIVER RESTORATION Major Program Name Program Element/Activity Name & Number Partnerships and FY99 = S8M District-wide Water Resource Melt ProGrams S~vs lO& M Flood Control Regional em Fd01 - Kissimmee River Restoration/Land Acq_uisition S1 5.057,00O Scope: FY 1999 Estimate Estimated Completion Manager / Contact its and Costs ~q uis~: -- 9 = S11.4M 0 = $10.0M 1 = $10.0M December 31, 2009 Patricia Strayer Cost Share within Activity_ T~e Kissimmee River Restoration Project will restore the ecological integrity of the historical Kissimmee River/floodplain ecosystem through two major construction components. The Headwaters Revitalization component will restore more natural water level fluctuations in Lakes Kissimmee, Cypress, and Hatchineha in the upper Kissimmee basin. Two existing canals and the Lake Kissimmee outlet slructure (S-65) that discharge.~ to the river will be enlarged. In Ihe lower basin, nalural flows will be restored lo the river channel and floodplain. This will be accomplished by backfilling 22 miles of the existing Canal 38 (C-38), reconstructing miles of remnanI river channel, and removing two water control struclures and the adjacent locks (S-65B and 65C). Acquisition of the necessary lands required to implement the project both in the headwaters and river valley is also a critical component of the project. The total project cost is $415M. Purpose: Plan Linkage: District Water Management Plan; Areas of Responsibility: water supply, water quality, flood protection, natural systems; Anticipated Additional Operating Costs: $100,000 covering five years. The project will restore the ecological integrity of the historical Kissimmee River/floodplain ecosystem by recreating approximately 40 square miles of the river/floodplain ecosystem, including 43 miles of contiguous river channel and 27,000 acres of floodplain wetlands. Other benefits include: restoration of cdtical fish and wildlife habitat necessary to recreate biological diversity in the floodplain ecosystgm; improved water quality (e.g., increased dissolved oxygen in the river channel and reduced nutdent loads to Lake Okeechobee). 1997 / 1998 Accomplishments 1998 / 1999 Obiectives Continued collecting baseline data. Implementation of upper Begin backfilling of C-38. Implementation of upper basin construction. Finalize baseline data collection. Cent hued acquirin~ lands for Phase 1 construclion. F hal ze upper basin construction. Proiect Phast Schedule HENDERSON CREEK STRUCTURE MODIFICATIOI~°' Major Program Name Program Element/Activity Name & Number Partnerships and Lower West Coast Ecosystem I Restoration Tamiami Trail Flow Enhancement INb01- and Plan Research Coordination Cost Share Florida DEP--Rookery Bay National Estuarine Research Reserve through a grant trom National Marine Fisheries Center -- $200,000 BCB/SFWMD -- S30,000 (in-kind services) Scope: Projects FY 1999 l S200,00o Estimate Estimated Completion December 1. 1999 Manager/] Contact Clarence Tears and Costs within Activity The project will involve minor structural modifications to the existing gate operating facility of the Henderson Creek Weir No. 1 (Works of the District, operated and maintained by SF-WMD). The costs of the structural modifications are S120.000. The project also includes equipping the operating system wilh automated water level controls and radio communications. The cost of the communication and control system is $80,000. Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP; Area of Responsibility: natural syslems; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The existing discharge facilities of the Henderson Creek Weir No. I consists of a sluice gate (12'x4'), a flap gate (4'x4') and an overflow spillway. The existing manual operation with a fixed set of dry and wet season controls cannot achieve the desired range of freshwater deliveries to the Rookery Bay Estuary -a pristine aquatic reserve of Southwest Flodda. A more uniform release of freshwater is required to maintain optimum levels of fresh and saltwater mix for the health of the aquatic biota. The Rookery Bay National Estuadne Research Reserve has obtained a grant from the National Marine Fisheries Center for retrofitting the existing operating facility to achieve that goal and requested the assistance el the District. The Big Cypress Basin Board agreed to be a partner in this effod. 1997 / 1998 Accomplishments IiiCocohatchee Canal Phase III Improvements BCB Watershed Plan H&H Model Development Completion of BCB Admin Building 1998 / 1999 Objectives Retrofit of Henderson Creek Weir No. 1 Luclo/ Lake Water Control Structure Proiect Phas, Schedule Phase · . - I.._.?Y'1999 FY'2000 I FY2001 FY 2002 FY 2003 Land ;ACquisition .... DeSl,qn ;/:'Permlttin,,:] .: . '... construction. ....-- . O&M/-:'' . -.: ,: .,....,.~. :.~ :~:,.. Monitoring -' Total I $2oo,ooo J So I So I $o I So 24 WATER RESOURCE DEVELOPMENT/CRITICAL PROJECTS Name / Proorams j Estimate Program [W'ater Mgt Planning & Estimated tlmplementation Completion Element/Activity D - Water Mg! Planning & / Name & Number mp ementaton Partnerships and Cost Share Costs IMultiple partnerships including USAGE, Miami-Dade WASA. Palm Beach County Lee County, Marlin County, Big Cypress Basin Scope: Manager Contact Projects and ISee Attached List $13,179,549 Ongoing Dean Powell within Activity This activity covers twenty-five separate sub-projects, involving partnerships between the District and federal, state and local government entities These sub-projects were divided into two lists, based on priority ('A' list el higher priority items and a 'B' list of lower priority). The "A' list, for which all projects are listed as critical. includes Ten-Mile Creek in Martin County, the C-4 structures in Dade County, Lake Okeechobee Water Retention/Phosphorous Removal north of Lake Okeechobee, S-9 Water Quality Improvemenl near Lake Okeechobee and the Southern Crew project in the Lower West Coasl Area. The other twenty projects on the 'B' list include a variety of projects, including a proposed Caloosahatchee Reservoir, Southern CREW Restoration, modifications to the L-8 system, Dade Utility Cost Share, and a Regional ASR Pilot Project. Specific statutory authority for the water resource development projects comes from Chaplet 373, F. S.; specific statutory authority for the critical restoration projects comes from the Federal Water Resources Development Act of 1996. Purpose: Plan Linkage: Regional Water Supply Plans; Areas of Responsibility: water supply, water quality, flood protection, natural systems; Anticipated Addilional Operating Costs: by individual project. The purpose of this activity is to cooperatively develop District water resources in partnership with various federal, state and local government agencies. Most of the sub-projects on this list are multi-year undertakings with some flexibility as to the size and timing of completion of the sub-projects and the cost-sharing arrangements. Precise specification of out-year costs and schedules will be dependenl upon decisions to be made by the District Governing Board and by the partners in resource development and critical restoration projects. 1997 / 1998 Accomplishments 1998 1999 Objectives objectives varying by sub-project Project Phase Schedule Phar. e ' F-Y 1999I FY 2000 FY2001 FY 2002 FY 2003 Planning ~: :: - ' ~ : ,: Land-Acquisition' ::;;: · i Design, l.!Permitting: ~ ~ MonitoringO&MC°nstructi°n : . :..:: Total Cost I $ i -~ ~ 1 '~-~-~- -*""1 TBD I TBD I TBD I T~C) 25 Protect Title Major Program [Local Wa;cr Resource & Name LSupport Programs Program [Government & Public LOulreach Element/Activity [Partnerships- Gg05 Name & Number L Partnerships and Cost Share i- $1.1M, FDEP- :S259,500 Andrew Trust Fund - :S214K ation Devel Assist. Program - $120K Navigational Distdcl - $650K Ordwa_,y_ Dunn Foundation - $63,500 Scope' ~Y 1999 Estimate Estimated Completion Manager/ Contact S20O.000 September 30. 1999 Lisa Dority Projects and Costs within Activity [Environ Orientation Center- $1.6M Environ Conserv & Main! Bldg - $455K Adult Education & Training Bldg - S214K Environ Trails & Signage - $325K Children's Education ~ - :S213K ~e Distdcrs funding contributions to this projecl will support the design and conslruction of the Deering Estate Environmental Education Center and the development of environmental programming. Project management for lhe construc~on, operations and mairrtenance of the center wilt be provided by Metropolitan Dade County Parks and Recreation Deportment. Purpose' The purpose of this project is to design and develop an environmental education center which will capitalize on the unique combination of resources at the site to serve a diverse array of groups. During its first full year of operation, it is estimated that 46,000 school children and 50,000 general public visitors will participate in guided tours, education programs and environmental camps. It shall serve as a focal point for dissemination of District programs and materials relating to water conservation and Xedscape, the BiScayne Bay SWIM Program and Water for South Florida classroom curriculum, among other programs. In addition, the center will serve as a regional site for teacher training workshops and summe~' institutes. APo~ of the.programs p~ovided by the center will focus on water management issues such as naiUi~al:and manmade water Systems, the Biscayne Aquifer, Biscayne Bay SWIM programs, saltwater intrusion, droughts and floods, water conservation, and water quality, protection and enhancement. 1997 / 1998 Accomplishments lCortstruction Phase Final CurriculUm 1998 / 1999 Obiectives IFaclityUtilization & Participation completion: of interPretive site Report Pro ect Phase Schedule IV~itOri~ o~ o o! o o .:..-?::~,::.: :..: ?total :s2oo,oooI :soI $ol :sol $o 26 Project Title Stormwater Major Program [Local Water R~source & Name [Suppod Programs Program IGovemment & Public IOulreach NameElement/Activity& Number [~;-~orrrrwater Assistance - Ga02] Partnerships and Cost Share Scope: FY 1 999 Estimate Estimated Completion Manager/ Contact $350,000 September 30, 1999 Chip Merdam Projects and Costs within Activity ~rs - Phase I1 - $200,000 GatorSIough Final Phase-S150,000 To qualify for stormwater funding ass~--tance, the following conditions am considered: 1).The pro[ecl is regional in nature or will involve multiple Jurisdiction: 2) The pr0P0§ed project is balanced (i.e. it will meet more than on of lhe District's mission elements)i 3) The proposed project will improve the level of service (i.e. flood protection, natural resource improvement, water supply), 4) The project is permittable. 5).The Project Will not increase either the peak or volum.e 0fdischarge to tide, and 6) The project has been reviewed by staff to determine if the project is viable.and:~n meet District cdteda. :These projects must also meet the following match requirementS:' :1) Establishedeithe~ an MSBU or MSTU Or has applied for andreceived approval from the statelRevolVing Loa~iFund,2) se~me a ,50% (25% for Small communities) funding partner, and 3) Funding includes a!io~g:t'~rm management and Purpose: The 'Purpose of these projects is to provide local govemments ~ financial assistance .10 provideifor the m. anagemenLar!d storage of surface waters. The funding'of st°~ieriprojects has been an iiSSue f:he: GOverning BOard has wrestled with frequently over the past!several:yearn.. :A shift in agenfy pd0rities and an increased demand on resources has complicated the D~ct's.:e.ff0rfs t~ fund such pr~ojects. BeCause of this, the DiStrict has not aggreSSively fUnded Pure stsnTiwater Or drainage projects. The District viewS!he, se projects as:mom ~'loca["~ in nature and. an:issue that is belier and mom :appropriately dealt with bY th~ i0cal agencies having jurisdi~i0n 0ve~:ihe's~ a:rbas'j :The two projects funded in FY99 represent the final phase of multi-year effods in these areas. The District's financial parlicipation in local stormwater projects will again be reviewed during:next:years budget development process. 1997 / 1998 Accomplishments ICompletion of local stormwater cooperative agreements 1998 / 1999 Objectives Proiect Phase Schedule CO ~ Ctj. C:m'ii:: ~!i}~!.-'!!!}~i??~ii!!i::: !.:. ii: :: i::~;!.?i!:: {:. i :: i i~}!:: :!: 350,000 0 0 0 0 · ::'.~:: '.Total Cos~ : J $350,000l ~01 S01 ~Ol $0 27 B-SO REPLACEMENT Major Program DistricVBasin Management & F~' 1999 Name lAdm n Estimate S1.000,000 Program Facility & Bldg. Improvements Estimated Non-Water Control Completion June 1, 2002 E'ement/Activity ILp01 'Capi[al Pr°gram Manager / l Name & Number Contact Mike Hiscock Partnerships and Cost Share Projects and Costs within Activity Scope: The project scope consists of the following: 1) replace aging, obsolete buildings with modern, onergy efficient buildings, 2) provide facililies and site with South Flodda architecture which will improve the long term asset value and marketability of the property, 3) reconfigu~e the site to optimize site situation and to improve aesthetics o! the site, and provide interior dosigns that maximize flexibility for occupancy changes which enhance the functionality of interior spaces. In FY 99 preliminary engineering will be required to address regulatory and project feasibility/phasing issues. Also in FY99, the District will solicit for a desigrdbuild firm or other entity to design and construct the project (107,000 sq. ft.). The replacement facilities will be phased to minimize impacts to operations on the HQ site. Construction comptetion is anticipated in mid-2002. Purpose: iplan Linkage: Headquarters Master Plan; Areas of. Responsibility: water 'supply, water quality, flood protection; natural systems; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The primary project objectives include replacement of obsolete buildings B-50 '(107,000 sq. ft.), B-34 (13,000 sq. ft.), B-113 (5,000 sq. ft.) and related facilities with modem efficient buildings. The B-50 Building was constructed in several phases starting in 1969. A 1991 report by a consultant indidated that numerous deficiencies existed in B-50 including electrical and fire code violations, inadequate electrical service and severe HVAC deterioration. A second report in 1994 reconfirmed the 1991 report findings. Interim repairs were authorized while the District analyzed alternatives (i.e. renovations or replacement of B-50). In April, 1995 the Governing Board directed that the B-50 Building be replaced: Subsequently, initial planning has started including acquisition of a Field Operations Center site. 1997 / 1998 Accomplishments 1998 / 1999 Objectives IPreliminary planning initiated Complete preliminary regulatory and phasing issues , .Complete design and permitting Project, Phase Schedule Phase FY 1999 : FY 2000 FY2001 FY 2002 FY 2003 mo Cost t I $6M I I S2M I SO £$ B-1 EMERGENCY OPERATIONS CENTER Program [Facility & Bldg. Improvemenls Estimated I December 1, 1999 I Non-Water Control Completion t Element/Activity t. oOt - Capital Program Name & Number LesWood Partnerships and Cost Share Costs with;~ Activity Scope: Manager Contact Proiects and The project scope is to construct a three story building (.approximately 18,000 sq. ft.) at the east end of the B-1 Headquarters. The addition will house the District's cdtical facilities, such as the control room and central computer room, as well as provide a base for emergency response to hurricanes and other critical events. The facility will be designed for 200 mph winds in accordance with ASCE 7-95 and permits the District to carry out its crilical functions after a hurricane event. Also the Eec provides a high level of protection for vital records, which is impodant to the District's functionality after a major hurricane event. The current design is to match B-1 architecturally with cast-in-place reinforced concrete walls. Precast wall panels wilt be placed on the outside for architectural aesthetics. Construction is scheduled to be complete by November, 1999. Purpose: Plan Linkage: Headquarters Master Plan; Areas of Responsibility: water supply, water quality, flood protection, natural systems; Anticipated Additional Operating Costs: $108,000 annually. Inadequate hurricane protection leaves the District exposed to more risk than is desirable. Throughout the state, Eec facilities are being constructed by other governmental agencies in response to new knowledge about hurricanes. Current facilities are designed under old codes to 120 mph, without projectile considerations. In a Category 3 event, the Headquarters site becomes vulnerable to winds higher than 120 mph. This exacerbates the District's ability to provide flood protection to localized areas due to the hurricane event. One alternative is the no-build allernative and accept the risk pt B-1 suffedng a direct hit from a hurricane, which is not acceptable under current conditions. The other alternative is provide duplicate systems at distant locations which is prohibitively expensive. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Complete final design Construction of Eec facility Project Phase Schedule Monitoring ' TotalCost I 52.418M J $409,869 1 S0 1 $0 I $0 29 [IELD OPERATIONS CENTER J. Major Program IDistrict/Basin Managumenl & [ Name [Admin S3.200.000 Program IFacility & Bldg. Improvemenls I October 1. 1999 Non-Water Control Element/Activity[ I Name & Number Lp01 - Capital Program Mike Hiscock Partnerships and Cost Share within Activity Scope: FY 1999 Estimate Estimated Completion Manager / Contact iProjects and Costs The scope of work consists of the design and construction of a two story, 40,000 sq. ft. building and related site work on a five acre site. The buildings will provide office, workshop, and warehouse space. The Field Operation Center will house the field operation units of ESDA, Hydrogeology, and Water Quality Divisions. The facility will be built on a site that has been acquired immediately north of the West Palm Beach Field Station with access from Sansbury Way. The project will be built using a design/build process where lhe design architecUengineer and construction contractor are selected in one solicitation process. Construction is anticipated to be complete on Oclober 1. 999. Funding for this project will be encumbered in FY 1999. Purpose: Plan Linkage: Headquarters Master Plan; Areas of Responsibility: water supply, water quality, flood protection, natural systems; Anticipated Additional Operating Costs: $240,000 annually. The Electronics and Data Management Divisions were combined to form the ESDA Division in early 1996. A repeal produced in June 1996 has indicated a need for locating all the components of the division at one location. Currently the former Data Management Division is located at a leased facility in West Palm Beach and the former Electronics Division is located at the headquarters site. Subsequent discussions have taken place to consolidate other field operation units, Water Quality and Hydrogeology Divisions, into one building with ESDA. The new strategically located, functionally designed office and shop facilities will provide lhe District with a single polnt of contact and service for data acquisilion, monitoring remote control requirements and electronics maintenance. 1997 / 1998 Accomplishments 1998 / 1999 Obiectives Proiect Phase Schedule Phase- ! ,.' :~:~FY: 1999. FY 2000 FY2001 FY 2002 FY 2003 Planning.~;~ :..:; , .... ~,, .,. , L~nd ?ACquisition.;: L~,, Desl~n~l~ Permitting : .., 0 &'M: ;';,' " Moni!oring Total Cost I $3.2M J SO J S0 I SO I S0 $0 OMD FIELD STATIONS IMPROVEMENTS Major Program Name Program Element/Activity Name & Number Partnerships and District/Basin Manage,nent & I FY 1999 Admin. J Estimate I Facility & Bldg. Improvements Estimated Non-Water Control Completion I Manager / Lp01 - Capital Program Contact Cost Share Projects and Costs S270,000 Ootobor I. 2003 Zan Kualer within Activity I 1.) Miami FS Storage Bldg. Repairs (S60K) 2.) W.P.B. FS Fuel Pump Replace. (S210K) Scope: The scope of work consists o! the following: 1) Miami Field Station - repair storage buildings and make sile improvements; 2) West Palm Beach Field Station * replace the fuel pumps and lanks. Future years funding will pay for similar work to upgrade the District's various field stations. Purpose: IPian Linkage: Field Station Master Plan; Areas of Responsibility: water supply, water quality, flood protection, natural systems; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The District's consultant developed a Master Plan to make improvements to the District's various field stations. The report showed that the existing configuration of structures on the Field Station sites were not conducive for efficient operations. The Master Plan made recommendations to improve operational efficiency as well as maximize the overall use of the properly. The recommended changes improves the District's capability to maintain its vital elements (flood control and water supply) during and afler a disaster event. 1997 I 1998 Accomplishments IKissimmee F.S. ADA Modifications 1998 / 1999 Objectives Commence work on the above listed activities Project Phase Schedule ~ Phase ~~~ FY 2002 FY 2003 Plannin,(] :. '.. ,:;'-,., Designv/;..Permltt'n.(] : ,:,,,.:.:::.';:,~,;':!.;,~.~-~..., ;.~ Construction ,' ~," - ;;:; :;'" ¢;, ';';;~ ;;;'/";;" ~~~~ ~ Monlloring --- , ', ::.',::, . ,F' Total Co~ [ s270,000 [ s979,000 ] 51.2M I $1.35M [ S1,5M 31 STA-1 E cs7 C-5 1 WFS ) Major Program ] $3,337,455 I Name I Regional Restoration Program P re g ram [ Everglades Restoration Element/Activity Everglades Const Proiec~ Name & Number [STA 1E (ncl. C-51 W1 Bal0 Partnerships and Cost Share The Everglades Construction Project is being funded by various sources. - Agtax (21.6%), ad valorem (45%),tolls (2.5%), FPL Mit. (2.1%), P2000 (5.3%), Federal (23.5%) Scope: FY 1999 Estimate Completion Date Manager / Contact Projects and Costs July. 2004 IP. Moczynski (COE)/ Stur.qis (SFWMD within Activity STA 1 East (incl. C-51 West) will consist of a stormwater treatment area of approx. 5350 acres (effective treatment area) including canal enlargement, levee construction, water control structures, and pumping stations. The construction will also include the relocation of a power transmission line. Construction of STA 1 East will reduce the long-term flow-weighled total phosphorus concentration in runoff from the C-51 West Basin to 50 pads per billion prior to its discharge to Water Conservation Area 1. The objective is to reduce the phosphorus levels in water entering the northern Everglades ecosystem to ~n interim target of 50 parts per billion. Purpose: Areas of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: Sl,522,033 covedng five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The Act provides direction to the SFWMD to seek participation of the USACE for the design and construction of STA-1E. With the passage of the federal Water Resources Development Act in late 1996, the USACE was authorized to complete the design and construction of STA-1E. The Distdct and the Corps are currently negotiating a Project Cooperative Agreement (PCA) defining the responsibilities of each agency during the remaining design, construction and operational phases of the project. 1997 / 1998 Accomplishments 1998 / 1999 Obiectives Approve Land Grant Agreement w/ USDOI Complete design for PS 319 Project Phase Schedule Phase '- 'FY 1999 FY 2000: FY2001' FY 2002 I FY 2003 Plfi'nriing:,~ :., ;,i. :~ :~: "~ :'"; :.: ',: :>, ,',::. :. · l_arid?A¢~uisition ::. ...... f: · . :.:::. ' Desig'n!~./; permitting : ; ; ; Const~fiction':~; .:,....~ :. : ~,, ,.:.r ~;~.~..:.::,: ~~ o &'M ~:'-:.'~' .... ..... .-' ' · ,: : :.' ~~---5 :_ _ _ .'_~:_- - ;!.!-- ~ Monitoring .... ..~j~Cj~i~~- .---.---~:._-- _- .-i:;_ ~, Total Cost J $3.337M $3.390M $2.252M $1.205M ] S0 32 STA-1W WORKS MO OUTFLOW PS (G-310) Major Program Name Program Element/Activity Name & Number Partnerships and IRegional Restoration Program Everglades Rest°rati°n ] Everglades Const. Project STA1 W & PS Ba20/22 Projects Cost Share IThe Everglades Construction Project is being lunded by various sources. Agtax (21.6%), ad valorem (45%). tolls (2.5%), FPL Mit. P2000 (5.3%), Federal (23.5%). (2.1%), Scope: FY 1999 Estimate 525,958.676 Completion Date Manager / Contact and Costs January 1. 2000 Victor Powell. P.E. within Activity ISTA-1 Wesl Works will involve the construction of a 6,700 acre wetland, which incorporates the existing 'Everglades Nutrient Removal Project (ENR), 18 miles of levees, three concrete spillways, culverts and related ,ancillary facilities. STA-1 West Outflow Pump Slation (G-310) a 2,800 cfs capacity pump station is located at the south edge of Cell 5 in STA-1 West Works and directly southwest of the existing G-251 outflow pump station for the ENR project. It will discharge to Water Conservation Area t (Loxahatchee Nalional Wildlife Refuge). Purpose: Areas of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: S4.723,829 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydropedod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the "Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. These STAs will be large constructed wetlands that receive stormwater runoff from the Everglades Agricultural Area, adjacent watersheds and regulatory releases form Lake Okeechobee. The purpose of this project is to reduce the phosphorus levels in water entering the northern Everglades ecosystem to 50 parts )er billion. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Const. Contract execution, Notice to proceed, Begin Constr. - STA-IW - Plans Compl., Contract Contract Award, Begin Const. STA-lW. P.S. Ongoing construction and completion of STA-1 W - Begin ConsL STA-1 Out. P,S. Project Phase Schedule :,~.' '.'.--!'.- ..' .' Phase 'FY 1999 FY 2000 FY2001 FY 2002 FY 2003 DeSign//,?Permitting' · ': ' ':, ; MO'nltOrin9 .;,:.,::¢ ?.-.;:. ~ .... ::.,. ,...., :..:': :?~:. :::;:...:..~~ ~ ~ ~ Total Cost $25,958M $8,301,343 $0 $0 S0 STA- 1 INFLOW AND DISTRIBUTION WORKS Name & Number & D Ba21 Contact /vlike Curler Partnerships and Cost Share Projects and Costs within Activity IThe Everglades Construction Project is being funded by various sources. - Agtax (21.6%), ad valorem (45%),tolls (2.5%), FPL Mit.(2.1%), P2000 (5.3%), Federal (23.5%) Scope: This project redirects the discharges from the S5-A Pump Station via the L-a0 and L-7 Borrow Canals to the proposed STA-1W or STA-1E. The work includes the construction of three (3) water control structures (G- 300, 301 and 302) and associated by-pass perimeter levee leading to the STA-1W project. This project v/iii also include the construction of Structure G-311. This will be the inflow water control structure directing flows from the S-SA into STA-1E and will be constructed concurrent with STA-1E. Areas of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: $146,360 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydropedod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the 'Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. Most of the work effort will be the responsibility of the SFWMD. The objective of this project is to reduce the phosphorus levels in water entering the northern Everglades ecosystem to an interim target of 50 parts per billion. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Ongoing construction Ongoing const. & completion of STA-1 Inflow and Distribution Works Project Phase Schedule .. Phase 'FY 1999 F'Y 2000 I FY2001 FY 2002 FY 2003 Land::!ACquisition'::~ ': . ' ' Desi'gdf/r~'Perrnittin,~.: . : -~ .!~ ' ' c0n~ti~i'ction ': . .: i: Monitoring ...... :-.:. TotalCost I $1.870M $66g~413 I Sl.379M $357,609 SO STA-2 ,ND OUT OW PS (G335) Major Program Name Program Element/Activity Name 8, Number Partnerships and IRegional Restoration Program IEverglades Rest°rati°n l Everglades Const. Proj. I STA 2 W & PS Ba30/22 Cost Share Projects ITheEverglades Construction Project is being funded by various ,sources. - Agtax (21.6%), ad valorem (45%),tolls (2.5%), FPL Mit. P2000 (5~3%), Federal (23.5%) (2.1%), Scope: FY 1999 Estimate S34,024,470 Completion May 30. 1999 Date Manager / C o n t a c t Aqnes Ramsev and Costs within Activity STA-2 will be developed to provide a total effective treatment area of 6,430 acres, situated generally on and surrounding lhe Brown's Farm Wildlife Management Area. There will be a total of approximately 17 miles of levees constructed in the inflow, interior and discharge works combined. This project will also include the construction of STA-2 Outflow Pump Station (G-335) - a 3,400 cfs capacity pump station located at the southeast corner oi' STA-2, which will discharge into Water Conservation Area 2A. Purpose: Areas of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: $4,462,373 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the "Everglades Program.' The primary components of the ECP are the six (6) Stormwater Treatment Areas, referred to as STAs. These STAs will be large constructed wetlands that receive stormwater runoff from the Evergla[des Agricultural Area, adjacent watersheds and regulatory releases form Lake Okeechobee. The purpose of this project is to reduce the phosphorus levels in water entering the northern Everglades ecosystem to 50 part Iper bi ion. 1997 / 1998 Accomplishments fConst. Contract execution, Notice to proceed, Begin Constr. - STA-2 1998 / 1999 Objectives Ongoing construction and completion of STA-2. Project Phase Schedule Phase FY 1999 FY 2000 ' FY2001 FY 2002 FY 2OO3 Planning. ~.. ":.i ;':' '..'. :.';'::~: .':' ;:.':. · 7:' :i::: :i ::::;.:.; :::.!' .ii:i .' :''. LandcAc~Uisition' -: i' ~i.::: ::::::::::::::::::::::::::: ~:..~,'; .,. Design:.;./,'.¢permittin~ ::::: ;i: ."~ .':~.:':::~i:::':;:~:'i~- ' . :. CohstrUi2tion ;:';:? ;: :.'..'. ;:' ".~ i:: (::':;:~'-;:!.:":;.: : :':: ~ ~ O:&'Mi'i:::'~;' ';¢~ ;':;:.i ';:i:... ~ :.: -': .; :.. :'-: ;4 :-:.;.~:ii ': :: .::..:: :'..: Mo'nitOtincj :~- '::.:': : . "- :" :'--;.: :.'~ ' ~ ..... Total Cost $34.024M $7~684~298 $0 $0 SO S-SA BASIN RUNOFF DIVERSION WORi~S~ ''~ Major Frogram [ IRegional Restoration Program Name I P r o g r a m I Everglades Restoration Element/Activity ~Everglades Const. Proj. Name & Number [5A Basin Diversion Ba31 Partnerships and Cost Share The Everglades Construction Project is being funded by various sources. - Agtax (21.65;,) advalorem (45%),tolls (2.5%), FPL Mit. (2.1%), P2000 (5.3%), Federal (23.5%) Scope: FY 1999 Estimate Completion Date Manager / Contact Projects and Costs S8,887,868 May 1, 2000 Ralph Havden within Activity The scope of work includes the enlargement of the Ocean and Hillsboro Canals and construction of G-341. A portion of the runoff and agricultural discharges from the S-SA Basin will be redirected from Stormwater Treatment Area 1W to Stormwater Treatment Area 2. The basic objective of these modifications and improvemenls is to reduce the total phosphorus Icad discharged to the Arthur R. Marshall Loxahatchee National Wildlife Refuge. Purpose: Areas of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: $146,011 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem !hrough land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species, The overall restoration and cleanup effort described in the Act is known as the "Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry out the IEvergladesProgram. be the responsibility of the SFWMD. The purpose of this Most of the wor~ effort project is to redirec! a portion of S-5A Basin flows from STA 1W to STA 2 and thereby reducing phosphorus loading to the Loxahalchee National Wildlife Refuge (WCA-1). 1997 / 1998 Accomplishments 1998 / 1999 Objectives Complete design; Advertise for bids ]Reach 75% of Construction for canals (Ocean and Hillsboro and G-341) Project Phase Schedule ~ . Phase · FY 1999 I FY 2000 FY200.1 FY 2002 FY 2003' Pladhin~' ~: .:';.-:::; :-'~ ?/~:;;: :.":::;': ..;~ ;':41 '/:..". -:. '!::-:" : ;~ LandAcqulsition"'.~;;':. :'"' .' .' '. ' I Desigr~' :::/.; PermittinB ,. .... :: .... , I Construction :;. :..-': . ..../... ':' . :::..-; ."' .~ MOnitoring..:..": ~ . '/. :':: .' ~ :.::' ':?, .'. ': ,?-:' ~ .':T ::~ .: ~~ ~~ ~ Total Cost [ S8.887M I $6.395M $0 S0 S0 36 WCA-2A HYDROPATTERN RESTORATION MajorName Program [Regional Program [Everglades Restoration Element/Activity IEverglades Const. Proj. Name & Number [2A Ba33 Partnerships and Cost Share The Everglades Construction Project is being funded by various sources. Agtax (21.6%), ad valorem (45%) tolls (2.5%), FPL Mit. P2000 (5.3%), F;deral (23.5%) (2.1%) Restoration Program WGA- Scope: FY 1999 Estimate Completion Date Manager / Contact Projects and Costs S3,279,316 October 31, 1999 ,Agnes Ramsev within Activity WCA-2A Hydropattern Restoration Works consists of a modification to the existing L-6 levee and borrow canal. jThe levee and borrow canal will be modified to result in a sheet flow approximation along the northwesterly Iperimeter of WCA-2A, restoring hydropattern. The sheet flow will allow wider distribution of water to the, IConservation Area therefore resulting in an approximation of the natural Everclades system. This modificaJon will extend from the new outflow pump station for STA-2 northeasterly to the~STA-2 inflow canal from S-6, a total length of approximately 39,750 feet. Purpose: fArea._o,f Responsibility: natural system; Anticipate,d. Additional Operating Costs: $168,092 covering five years. Floddas Everglades Forever Act (passed in May 94} outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the "Everglades Program". The Act calls on many state and federal a encies to coordinate efforts to car o t th g ry u e Everglades Program. Most of the work effort will be the responsibility of the SFWMD. The purpose of this project is to improve the volume, timing and distribution of water entering the Everglades. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Complete construction Project Phase Schedule Phase · FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Planning .-~..'~.'. :.~ :..: '.:...,. ~ .' :.' :~.:" :?';: :i:': Land:!AC~Uisition· ' . '. ....... ':: Design'.l ;permittin~ . . ~ Constructi0n ;. ..: ' . . · - ~ O.&'M .:.i .. . ...... ~~~~ Monitoring ~~~~ Totat Cost I $3.279M $1r179 $0 $0 SO 37 STA 3/4 WORKS Major Program [ [Regional Restoration Program Name P r o g r a m J Everglades Resloration Element/Activity IEverglades Const. Proj. Name & Number ISTA 3/4 Ba40 Partnerships and Cost Share IThe Everglades Construction Project is being funded by various sources. - Agra× (21.6%), ad valorem (45%),tolls (2.5%), FPL Mit. (2.1%) P2000 (5.3%). Federal (23.5%) Scope: FY 1999 Estimate 520.782,799 October 1 2003 Completion Date ' Manager / Contact I Randy Bushey. P.E. Projects and Costs within Activity Stormwater Treatment Area 314 will be developed to provide a total effective treatment area of 16,600 acres, extending generally from the Holey Land to U.S. Highway 27and north approximately 3.5 miles from L-5 levee and canal system. STA 3/4 is intended to accommodate inflows from the S-8/S-3 and S-7/S-2 Basins. The project will include the construction of supply canals, Inflow Pump Station G-370 and G-372, galed spillway G- 371 and G-373 and U.S. Highway 27 Bridge Relocation. Purpose: :Areas of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: S129,999 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydropedod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the 'Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. These STAs will be large constructed wetlands that receive stormwater runoff from the Everglades Agricultural Area, adjacent watersheds and regulatory releases form Lake Okeechobee. The purpose of this project is to reduce the phosphorus levels in water entering the northern Everglades ecosystem to 50 parts ~er billion. 1997 / 1998 Accomplishments 1998 / 1999 Objectives :Complete Land Acquisition Project Phase Schedule 'FY Phase ': 1999' FY 2000 FY2001 FY 2002 FY 2003 Eand ;!ACq'uisitio n. :?? !;~! ii::.i:F::~ :; :~i!: '! !:i::.'.. ~ i:. :;i .:: .: ~ Des~gn~;l~ Perm~ttln~ :~.:~ ~..~ . ::.:.:: ~ :. :> :.... ¢...:.::: .~ .. ~ ~ ~ consti-b~tion i:i:!!:::!~ :;¢~!i:!?!~?~.!;:::;: ? :';: :: .' :;::..::. i' ~~ ~ 0 &:M.: ;ii ::i'.. !;: ":: :i ::I':::":!; i i ':::. ::: ::: ; :i::: :::i' M 0cli[o [riri~-.: ':.~ ' ::'i -'::; J. :::. -.: :~ ! : '~ :i:.: · TotaIOost I $20.782M ]$5,658,241 IS4,489,663 15 28.416M ]$ 5~.977M EAST WCA-3A H,CDROr'^TTV-I~J~ RESTORATION Major Program Name Program Element/Activity Name & Number Partnerships and IRegional Restoration Program Everglades Restoration IEverglades Const. Proj. East WCA-3A Ba41 Cost Share Projects IThe Everglades Construction Project is being funded by various sources.- Agtax (21.6%), ad valorem (45%),tolls (2.5%), FPL Mit. (2.1%), P2000 (5.3%), Federal (23.5%) Scope: FY 1999 [ S0 Estimate / Completion April 30, 2004 Date Manager / F Contact Randy Bushev. and Costs within Activity The District is mandated to complete the construction and modifications of water control facilities and levees, required to utilize treated discharge from STA 3/4 as a source of water for hydropattern restoration of northeast WCA-3A. Discharge will be directed across the northerly perimeter of WCA-3A (east of the Holey Land) for a length of approximately 9 miles. The objective of this plan element is to restore hydropattern along the northerly perimeter of WCA-3A west of the Miami Canal and east of Levee L-28. Purpose: Area of Responsibility: natural systems; Anticipated Additional Operating Costs: To be determined. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the 'Everglades Program". The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. Most of the work effod will be the responsibility of the SFWMD. The objective is to improve the volume, timing and distribution of water entering the Everglades. 1997 / 1998 Accomplishments 1998 / 1999 Objectives I IN° pr°jects are scheduled until FY2000 Project Phase Schedule Phase FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Pianning':'-'.. · .'..' Land :Acquisition Design:'/Perrnittin,q - ~ ~ Construction ~ ~ O&M -. . [ Monitoring TotalOost J SO I S705.946 1 $148;115 I S6.361M I S5.574M STA- 5 Major Program [Regional Restoration Program Name Program IEverglades Restoration Partnerships and Cost Share ITheEverglades Project is being Construction funded by various sources. - Agtax (21.6%), ad valorem (45%).tolls (2.5%), FPL Mit. P2000(5.3%), Federal (23.5%) STA (2.1%) Scope: FY 1999 Estimate S4.824.418 Completion Date July,_'~1. 2004 Tom Johns. P.E Manager / Contact Projects and Costs within Activity STA-5 includes but is not limited to the construction of a wetland of approximately 5,120 acres. Included in STA 5 are more than 18 miles of canal and levee construction, concrete culverts with sluice gates, telemetry controls and related ancillary facilities, modifications to the existing L-3 levee and construction of four seepage/supplemental water supply pump stations. STA-5 is intended to improve the quality of water discharged from the C-139 Basin. Purpose: Areas of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: $3,664,288 covedng five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The overall restoration and cJeanup effort described in the Act is known as the 'Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. These STAs will be large constructed wetlands that receive stormwater runoff from the Everglades Agricultural Area, adjacent watersheds and regulatory releases form Lake Okeechobee. The purpose of this project is to reduce the phosphorus levels in water entering the northern Everglades ecosystem to 50 parts ~er billion. 1997 / 1998 Accomplishments Const. Contract Execution, Notice to Proceed, Begin Construction - STA-5 Works 1998 / 1999 Objectives I Ongoing construction and completion of STA-5 Works and Discharge Canal Project Phase Schedule · Phase FY' 1999 FY 2000 FY2001 FY 2002 I FY 2003 Planning":.'. '.i :: . Land':Acquisition; . '~:: :...: Design ?::.l'i;. Permitting ~ '-~ -.. Construction .:.. :': 'Monitoring :..- Total Cost ] $4.824M S0 $0 $0 J $1.065M ROTENBERGER RESTORATION WORKS NameMaj°r Pr°gram IRegi°nal Rest°rati°n Pr°gram I FY 1.~99Estimate S853,:52 Program Completion February 3. 2000 Date Everglades Restoration Everglades Const. Proj. Rotenberqer ma51 Element/Activity Manager / Name & Number Contact Rich Vir(]il. P.E. Partnerships and Cost Share Projects and Costs within Activity (2.~%), The Everglades Construction Project is being funded by various sources.- Agtax (2~.6%), ad valorem (45%), tolls (2.5%), FPL Mit. P2000 (5.3%), Federal (23.5%) Scope: This plan element is intended to restore hydropattern on the Rotenberger Tract, a total of just over 29,000 acres. A Pump Station of 240 CFS is planned along the western edge of the tract adjacent to STA-5. In addition four culverts are planned along the east side on Miami Canal. Hydropattern restoration will restore the depth, duration of flooding, timing and distribution of freshwater flow in an area where this distribution has diminished. Purpose: IArea of Responsibility: natural systems; Anticipated Additional Operating Costs: $233,000 covering five years. F~odda's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant Iportionof the EverGlades through land acquisition, construction, research and regulation. remaining ecosystem The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the "Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. Most of the work effort will be the responsibility of the SFWMD. The purpose of this project is to improve volume, timing and distribution of water entering the Everglades. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Design Completion Advertise for construction bids, award contract, start construction Project Phase Schedule Phase FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Planning ?... :'.! ;:.. Land ,Acquisition: Desi,.gn' 7 ~ Permitting Construction:: !. O&M':. ' Monitor n Total Cost I $853,152 I S580,305 $0 $0 SO 41 STA-6 SECTION II I FY 1999 ] Major Program Regional Restoration Program S30,695 Name Estimate Program Everglades Restoration Date, Element/Activity [Everglades Const. Proj, STA 6 I Manager / Name & Number [Secton 2 Ba62 J Contact Jim Kunard. P.E. Partnerships and Cost Share Projects and Costs within Activity The Everglades Construction Project is being Ifunded by various sources. - Agtax (21.6%), lad valorem (45%),tolls (2.5%), FPL Mit. IP2000 (5.3%), Federal (23.5%) (2.1%), Scope: STA-6 Section 2 will involve the addition of 1,430 acres of stormwater treatment area to treat runoff from USSC Unit 2 and from the lower C-139 Basin prior to discharge into the Miami Canal and eventually into the Everglades Protection Area. The improvements consist primarily of new inflow, outflow, exterior and perimeter levees; inflow structures, and outflow structures; new bridge; and seepage return pump station. Purpose: Areas of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: $0. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the "Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. The pdmary components of the ECP are the six (6) Stormwater Treatment Areas, referred to as STAs. These STAs will be large constructed wetlands that receive stormwater runoff from the EAA, adjacent watersheds and regulatory releases form Lake Okeechobee. The purpose of this project is to reduce phosphorus levels in water entering the northern Everglades ecosystem to 50 parts per billion. 1997 / 1998 Accomplishments 1998 / 1999 Objectives STA 6 Section II - Detailed Design Compfetion Project Phase Schedule - Phase 'FY 1999 FY 2000 FY2001. FY 2002 FY 2003 Land;f;Acquisiti0n':~ :: ;::;' .: .. i; ...? :..:.....,:.¥' .~ Designi:~.z?:Pen;nitting.::..i' :.::.-:~" ,!:;....;:!: ?: .;' ~ ~ ~ Consb'Ubtio:ni:.': : ::'-" '" .." :-;: o & M,': .:: :' MOnit6ring TotalCost 1 530,695 I 54.5291',4 I 526,593 I 513.563 I $5.160M WEST WCA-3A HYDROPATTERN RESTORATION Maj°r Pr°gram IRegi°nal Rest°rati°n Pr°gram IFY 1999Name Estimate S5'666'064 I Element/Activity Everglades Const. Proj. West I Manager / Name & Number WCA-3A Ma63 I Contact Rich Vir(:]il. P.E. Partnerships and Cost Share Projects and Costs within Activity IThe Everglades Construction Project is being funded by various sources.- Agra× (21.6%), ad valorem (45%),tolls (2.5%), FPL Mit. ( P2000 (5.3%), Federal (23.5%) 2.1'/2), Scope: The objective of this plan element is to restore hydropattern along the northerly perimeter of WCA-3A ',';est of the Miami Canal and east of Levee L-28. This will be accomplished through the development of a sheet flow approximation along the affected three mile length. The sheet flow will allow wider distribution of water to the Conservation Area therefore resulting in an approximation of the historic natural Everglades system. The source of water supply for this sheet flow will be discharges from the Rotenberger Tract and the outflows from STA-6. Purpose: Area of Responsibility: natural systems; Anticipated Additional Operating Costs: S1,954,268 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the "Everglades Program". The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. Most of the work effort will be the responsibility of the SFWMD. The objective is to improve the volume, timing and distribution of water entering the Everglades. 1997 / 1998 Accomplishments 1998 / 1999 Objectives IDesign Completion, Advertise and Award Start construction Project Phase Schedule Phase FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Planning: .... ¢"" :~ ...... Land Acquisition ,'-" ,:' ,' .";: ": ;.':';'~ '., Design/! Permittincj-: ' :- '.- ' . Construction': ': : ' · ~ O&M,.- , · :".: Monitoring ' ~ ~~~ Total Cost J $5.666M SO SO SO SO 298 DISTRICTS DIVERSION ~rORKS/CLOSTER F^R~S Major Program Regional Restoration Program Name Program IEvergiades Rest°rati°n Element/Activity IEvergtades Const. Proj. Name & Number 1298 District Works Partnerships and Cost Share IThe Everglades Construction Project is being funded by various sources. - Agtax (21.6%), ad valorem (45%), lolls (2.5°/;,), FPL Mit. P2000 (5.3%), Federal (23.5%) Ba70 (2. t %), Scope: S3.464.015 FY 1999 Estimate Completion Date Manager / Contact and Costs November 13, 2003 Jim Kunard. P.E Projects within Activity South Florida Water Management District is funding works of the 298 Districts (East Beach Water Control District, East Shore Water Control District, South Shore Drainage District and South Florida Conservancy District) for the design and construction of diversion work as described in the Everglades Forever Act. The South Florida Water Management District is also funding works of the Cloister (Lease 3420) Farms for the design and construction of diversion works as described in the Everglades Forever Act. The primary objective of these modifications and improvements is to reduce total phosphorus loads discharged directly to Lake Okeechobee by redirecting flow southward (away from Lake Okeechobee) ultimately to be treated by STA-1W, STA-2 and STA- 3/4. Purpose: IAreas of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: $0. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. The primary components of the ECP are the six (6) Stormwater Treatment Areas, referred to as STAs. Theso STAs will be large constructed wetlands that receive stormwater runoff from the Everglades Agricultural Area, adjacent watersheds and regulatory releases form Lake Qkeechobee. The purpose of this project is to reduce phosphorus loading to Lake Okeechobee by redirecting the Ch. 298 Districts' discharge soulh for treatment by the STAs. 1997 / 1998 Accomplishments 1998 / 1999 Objectives IDesign Completion, Bid Solicitation- start const, for East Shore and East Beach Water Control Distdc;'s Commence construction of Closter (Lease 3420) Farms Diversion Project Project Phase Schedule · ·" ':'Phase FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Pla'rii-iin'~]';i:i:::::.:?:i .:.i::i~::!;;. i.i ~'.¢:;:-:;i! !~..i... ~i¢ :.': :";i:?:~.;!?~:i.,::'? ~::..: :..::. Land :.i~Acq0isitibn::~i?.:iT?.::!::'~ :i': :. ' ::~-'.':::.:-':!; :..~ ::i':.. :.'; · · Design.!~;L" Peri;hitting :.: !~' .. ": :.:::.:.': i' : COnstruction..::~i~;.?..::::.. ::.~ :;. :.....: :: :?:? .'.: :. ~ ~ O"&!'M !$! '?ii{.~'!q.:::: i.i :.?.' '.'. :. i: .-.- . :,; .: ? ?.:::.! ~..? ': .' Total Cost [ $3.464M I $4.025M I $0 J SO ] S634.296 NORTHERN L-8 BASIN IMPROVEMENTS Major Program ]Regional Restoration P¢ogram FY 1999 I S605,270 Name .,~ Estimate P rog ram IEverglades Restoration Completion February I Date Element/Activity IEverglades Const. Proj. Manager 1 Name & Number IN°rthern L-8 Ba71 Contact Partnerships and Cost Share Projects and Costs within Activity The Everglades Construction Project is being funded by various sources.- Agtax (21.6%), ad valorem (45%),tolls (2.5%), FPL Mit. (2.1%), IP2000 (5.3%), Federal (23.5°,'0) Scope' The Northern L-8 Basin improvements are intended to redirect discharges from the north L-8 basin to Lake 28, 200 Jim Sturais, P.E. Okeechobee. Improvements include a new divide structure (S-316), which will allow for higher water stages in northern L-8 in order to discharge into Lake Okeechobee, and pump station (S-309) which will replace gravity discharge to Lake Okeechobee. S-76 Modifications will allow for improved operation of the existing S-76 structure. Purpose: Areas of Responsibility: water quality, natural systems; Anticipated Additional Operating Costs: $37,035 covering five years. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the "Everglades Program". The Act calls on many state and federal agencies to coordinate efforts to carry out the !Everglades Program. Most of the work effort will be the responsibility of the SF'WMD. The objective is to redirect runoff from the norther part of the L-8 Basin to Lake Okeechobee. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Commence Design of Divide Structure (S-316) Project Phase Schedule Phase FY 1999 F--Y 2000 FY2001 t FY 2002 FY 2003 TotalCost I $605,270 l$1,191.686 1Sl,037,802, $0 $0 STA PUBI3C ACCESS FACILITY Major Program Name IRegional Restoration Progra P r o g r a m I Everglades Re storatJon Element/Activity [Everglades Const. Proj. Name & Number [Access Ba82 Partnerships and Cost Share The Everglades Construction Project is being funded by various sources. - Agtax (21.6%), ad valorem (45%,tolls (2.5%), FPL Mit. (2.1%), P2000 (5.3%), Federal (23.5%) m Public Scope: Completion Date FY 199q $0 Estimate October 3~. 2000 Manager / [ Contact Jim Kunard. P.E. Projects and Costs within Activity The public access site will be approximately 2 acres in size. The site is located 500 feet south of SR 880. T~e facilities include a picnic pavilion, observation tower, boardwalk and landscaping plan. No mandated completion date is established in the EFA. Design was completed in Fiscal Year 1997. The current plan for access is in the northwest corner of STA-1W, this will a!low public viewing access to an STA. Purpose: Area el Responsibility: natural systems; Anticipated Additional Operating CosLs: $30,000 annually. Florida's Everglades Forever Act (passed in May '94) outlines a comprehensive plan to restore a significant portion of the remaining Everglades ecosystem through land acquisition, construction, research and regulation. The general goal is to improve water quality, water quantity (hydroperiod), and prevent the spread of exotic species. The overall restoration and cleanup effort described in the Act is known as the "Everglades Program'. The Act calls on many state and federal agencies to coordinate efforts to carry out the Everglades Program. Most of the work effort will be the responsibility of the SF'WMD. The purpose for public access is mandated as set forth in the EFA. 1997 / 1998 Accomplishments / 1999 Objectives Design completed 1998 projects are scheduled until FY2000 Project Phase Schedule ' Phase FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Pla'lining ~?$:'1';'.:.:. 'v: :'.:. ;: 1.' !~ ;: ' ,..' ':;:: :' Land ~Ac~uisition-:.:...' ~'.~- .:-. .:': :: ..: .. Design:/.:;~Permitting ' .' '~: Construction ;.-i: ..../... :. !......-... O?&:.M,~i¢?:.;~%;~. ~:.~ Monitoring !':. :.:: · .: :._ . Total Cost I SO J St.071.6571 SO I SO I SO Major Program Name Program Element/Activity Name & Number Partnerships and PUBLIC USE FACILITIES Mgt Programs Estimate I I Completion [ Oct. 2003 Water Rosource Land Acq/Mgmt D ate Ab06 - Development of Public 1 Manager / [ Use Facltes Contact Les Wood Cost Share Projects and Costs within Activity Scope: The scope of work is to construct appropriate public access day use and security facilities on Save Our Rivers (SOR) lands at locations to be determined by the SOR 1999 Land Acquisition and Management Plan. Tho work would be site work, access road, retention swale(s), caretaker facilities if appropriate, picnic benches, vehicle parking, trailhead and nature trails, overlook observation boardwalks and elevated platforms, information kiosk, handicapped features, fencing and xeriscape landscaping. The projects are predicated on the premise that appropriate public/private volunteer work and fund contributions will be forlhcoming to fully complete projects. Purpose: IPlanlinkage: SOR Land &Pian; Areas of water water flood Acquisition Mgt. Responsibility: supply, quality, protection; natural systems; Anticipated Additional Operating Costs: $60,000 covering five years. Florida State 1981 Resource Rivers Act legislation requires that appropriate public access facilities be provided as an adjunct to the SOR land acquisition program. Additionally, these projects and others in the SOR public access program will foster a positive public image of the SOR program. Basis for 1999 projects is Florida Statute 373.59(10) and District Land Management Policy 5.001 which requires that SOR lands be accessible to the public for recreational uses. 1997 / 1998 Accomplishments Corkscrew Marsh Pub. Use Facilities Shingle Creek Pedestrian Bridge Lake Russell Environmental Center Rd. 1998 / 1999 Objectives INo projects scheduled until FY2000 Project Phase Schedule Planning .... ' ' Land:Acquisition DeSign:/. Permitting .:': '. Construction: .: MonitOring Total Cost J SO J S300,000 ] S300,000 J $300,000 ] S300,000 4? Major Program Name Program Element/Activity Name & Number Partnerships and G-93 AUTOMATION [District-wide VVater Resource M§t Programs O&M Regional Flood Control System iCa01 - Communication and Control Systems Cost Share FY 1999 $ 0 Estimate Estimated October 1, 2000 Completion Manager / Co n t act Ralph Havder~ Projects and Costs within Activity 1 Scope: The scope of work consists of hardening the G-93 structure against hurricane force winds and installing a remote acquisition and control units. Purpose: Plan Linkage: OMD Maintenance Schedule; Areas of Responsibility: water supply, flood protection, natural systems; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The telemetry system provides control and communications with remote sites for monitoring and regulating the flood control system. Hardening of this facility and installing remote acquisition control units improves the District's communications and flood control operations of a regional wide system. 1997 / 1998 Accomplishments 1998 / 1999 Objectives No projects are scheduled until FY2000 Project Phase Schedule :Phase 1999 FY.2000 FY2001 FY 2002 FY 2003 Pl~nnin(:j.- ::... Land Acquisition: · Design:~:'/'', permitting .. Construction O&M., Monitoring Total Cost I so I $2oo,ooo I so I $0 I so PUMP STATION MODIFICATIONS/REPAIRS Major Program [District-wide Water Resource Name [Mgt Programs P r o g r a m [ O& I',I Regional Flood Control I System Element/Activity ICa02 - Pump Station Name & NumberIM°dificati°n/Repair Projects and Costs within Activity t r.) PS S127,129,131 Bldg. Refurbish. ($150K) 2.) PS S127,129.13t Elect. Improv. ($300K) 3.) PS S331 Engine Automation ($150K) 4.) PS S7 Hardening/Renovations ($150K) 5.) PS S7/S8 Fuel Tank Replacement (S300KI Scope: FY 1999 Estimate Estimated Completion Manager / Contact Projects and Costs $1.620.000 Oct. 2003 Ralph Harder) within Activity 6.) 7.) 8.) S135 Electrical Improvements (S120K} Automation tot Pump 332D (S300K) c/o PS Hardening Renov. S-6 (S150K) The scope el work consists of the following: 1) Pump Station Building Refurbishments - repaint, waterproof and seal at pump stations S.127, S-129, and S-131; 2) Electrical Improvements - replace load centers at pump stations S-127, S-129, and S131; 3) Engine Automation - install automated controls at Pump Station S-331; 4) Pump Station Hardening & Renovations - reinforce building structure to withstand 155 mph winds at Pump Station S-7; 5) Fuel Tank Replacement - replace fuel tanks and secondary fuel tanks at. pump stations S-7 and 8 with double walled tanks; 6) Pump Station S-135 Electrical Improvements - replace generator, switch gear, and change singe phase 240 volts to 3 phase 240 volts; 7) Automation for Pump 332D - Automate the stalion for remote operation and control; 8) PS Hardening Renov. Ph.2 S-6 Vent. - Structural improvements for increased wind resistance. There are no partnerships and cost shares associated with this project. Future years funding wil! pay for similar work at other pump stations to be determined in the future. There are Purpose: IPlan Linkage: OMD Maintenance Schedule; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The District's Pump Stations are an integral part of the SFWMD's flood protection capabilities. The purpose of those projects are to provide increased operational reliability and efficiencies. Several of the District's pump stations are over 40 years old and require upgrading existing systems to current standards. Many components of the pump stations are deteriorated and are not safe or do not function in a reliable manner. Tho stations, which are critical components to the flood control system, need to be hardened against hurricane force winds. The fuel containment system needs to be upgraded to prevent leakage into environmentally sensitive areas. Some pump stations do not have 3 phase power and are adversely affected by voltage fluctuations. 1997 / 1998 Accomplishments 1998 / 1999 Objectives IS-6 Pump station hardened S-6 Fuel containment S331 Automation; S-7 Fuel Containment S7 Hardening; Electrical Upgrades [Pump Sta. RefurbishmentsI S-135 3 Phase Project Phase Schedule Phase Design l::Permittin~]:' ~ ~ - ' · :' ' ~' Construction '::: . . . · ~ O&M~::" ' ~'~ Monitoring ] I ] TotalCost ] $1.620M ] $830,000 J SI.025M 1s75o,0oo lsT0o.oo0 49 ................... ~, i IIIIIIIIII III II I III ..... III ..................... I ......... I LAKE OKEECHOBEE P. S. RE:POWERING Name h~,g! Proqrams Estimale Name & Number Modification/Repair Contact Ralph Harden Partnerships and Cost Share Projects and Costs within Activity Scope: The scope of work is to replace the existing Caterpillar diesels with digitally controlled engines. The exisling pump engines are thirty-five years old and have not undergone a major overhaul. At Pump Station S-127. station crews have noted numerous engine breakdowns for extended periods of time. Future years funding will pay for similar work at pumpstations S-133, S-135, S-131, & S-129 which are located around Lake Okeechobee. Purpose: Plan Linkage: OMD Maintenance Schedule; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The pumping stations are a vital part of the 'Central and Southern Florida Flood Control Project, a public works project that protects South Florida residents trom flood, while assuring a stable water supply. The north shore pump stations (S-127) are over thirty-five years old and the engines are original. Pump station crews have reported breakdowns to the pump engines due to their extensive age. Parts for these engines may not be available because of their age. Pump station personnel agreed with their consultant's report of 1993 which stated that if the pump stations are fully automated, the existing engines need to be replaced and compatible with the digitally controlled engine instrumentation. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Project Phase Schedule Phase FY 1999 ~Y2~2 ] FY 2003 Land Acquisition ' Design': /: Permittin,q Construction Monitoring [ Total Cost ] SO I $500,000 [ S500,000 [ S500.000 J S500,000 5O PUMP STATION BACKFLOW GATE REPLACEMENTS Major Program N a me Program Element/Activity Name & Number Partnerships and Djistrict-wide Water Resource al Proqrams IO&M Regional Flood Control System ICa02-Station Pump Modification/Repair Cost Share FY 1999 Estimate S0 Estimated Completion ecl . 2000 Manager / Co nt act Ralph Havder~ Projects and Costs within Activity Scope: The scope of work includes the replacement of deteriorated backflow gates at various pump stations which is essential for the start-up of the pumps for the pump stations. Over the years, the seals between Ihe gale and tho structure have deteriorated causing leaks. This result causes a longer start-up period for the pumps since it takes longer to draw vacuum with the gates leaking. Future years funding ,,,,'iii pay for work at S-3, S-2, S-140, S-127, S-129, S-131, S-333, & S-135. Purpose: Plan Linkage: OMD Maintenance Schedule; Areas of Responsibility: waler supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The pump stations have been in operation for over thirty years without a major overhaul of the backflow gates. The existing gates have deteriorated and have developed numerous leaks. The skin plates are corroded and the seals do not prevent backflow. This diminishes the ability of the vacuum pumps to prime the station pumps. Furlher deterioration of the gates will make the station inoperable. 1997 / 1998 Accomplishments 1998 Is'9 backfl°w gate refurbished I IN° / 1999 Objectives projects are scheduled until FY2000 Project Phase Schedule ,Phase FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Planning . . ~;~ ~ ~ ~ Land '.AcqUisition Design;/: Permitting .' ::~ ConstructiOn -' Monitoring Total Cost I $0 j S330;000 I $465,000 J $470:000 iS650,000 PROJECT CULVERT REPLACEMENTS Major Program Name Program Element/Activity Name & Number Partnerships and District-wide Water Resource Mgt Proarams O&M Regional Flood Control System iCa03 - Project Culvert Replacement Cost Share Scope: I I I Proje II.) 2.) 3.) FY 1999 S535,000 Estimate Estimated July 1 2000 Completion ' Manager / Contact Zan Kucler cts and Costs within Activity PC06 on L65 Levee ($250K) PC15 on C41A Canal (S225K) G204/205 Riser Repairs (S60K) The project culvert replacement projects consist of the following: install turbidity screens; conslruct [emporary bypass road; dewatering plan; excavate, remove and dispose of existing pc pipes; install new pc p~pes and endwalls; and reconstruct existing levee road over pc pipes and remove the temporary bypass road and culvert system. PC06 on L-65 Levee - Replace a 72 inch five barrel steel culvert with flashboard in-kind. PC15 on C41A Canal - Replace a 72 inch five barrel steel culvert with flashboard in-kind. G204/205 Riser Repairs - Replace ten risers with operating platform. Replacement of these aging project culverts are important because of their flood control utility. Purpose: Plan Linkage: Culvert Replacement Plan; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced.operation and maintenance costs. Distdct staff completed a project culvert survey under the five year Structure Inspection Program and identified culverts that needed to be replaced. A total of 770 project culvert sites were inspected. These surveys were conducted by each field station which has the responsibility for maintaining these project culverts located within their respective geographic areas. Each site was graded on a three levels: poor, fair, and good conditions. If the culvert was in good condition, the recommendation would be to investigate the culvert in five (5) years. If the project culvert was in poor condition, the recommendation would be to repair or replace it in-kind. The vast majorib/ of project culverts had never been inspected. 1997 / 1998 Accomplishments PC03-L65; PC01 on L61 Levee PC03-L63S PC05oL65 1998 / 1999 Objectives IPC06 on L65 Levee PC15 on C41A Canal G204/205 Riser Repairs Project Phase Schedule Phase F--Y 1999 FY 2000 FY2001 FY 2002 FY 2003 P,,lannin~, ' . Land 'ACquisition / Design':/ Permitting Construction M =. .... Monitoring Total Cost I s53s,ooo I s85o.ooo I Sl.020M I St.O40M ] TBD - '1 II I I -I .................. Iii ~ STRUCTURE 1VI OD I FI CATIONS/REPAI RS Name ' lMnt Proarams ] Estimate P rog ram [O&M Regional Flood Conlrol Estimated ISystem Completion Element/Activity iCa04 - Structure Manager Name & Number /Modification/Repair Contact Projects and Costs within Activity Projects and Costs I 1.) G-78 Gale Installation ($50K) 2.) S-71 Gate Operator Replacement (S270K) 3.) S-72 Gate Operalor Replacement ($250K) 4.) West Feeder Weir Modification ($55K) 5.,) PS S127/131 Gearbo~Motor Repl. ($270K) Scope: Sl ,320,000 Oct. 2003 Zan Kuder within Activity 6.) S-13A Repair (S150K) ] 7.) c/o S-13A Repair (S150K) t 8.) cio G74-75 Gate Replacement (S75K) 9.) c/o S-SA EWS Gate Automation (S50K) The Scope of Work consists of the following: 1) G-78 Gate Installation - is a single barreled 72-inch corrugated metal pip~ culvert located at C-23 about 15 miles southwest of Ft. Pierce. The existing wooden flashboards leak and will be replaced with a stem operated gate system; 2) S-71 Gate Operator Replacement - replace dual stem gate operator with cable mechanical lift operator; 3) S-72 Gate Operator Replacement - replace two gate operators with drum and cable hoists; 4) West Feeder Weir Modification - construct reinforced concrete cap; 5) PS S127/131 Gearbox/Motor Replacement - replace the gate lifts with hydraulic operators; 6/7) S-13A Repair - replace culvert risers and barrels; 8) G74-75 Gate Replacement - Add gates and electrical service; 9) S-5A EWS Gate Automation - Replace gates with motorized operators and controls. There are no partnerships and cost shares associated with this project. Future years funding will pay for similar work at other structures throughout the District's regional area. Purpose: IPlan Linkage: OMO Maintenance Schedule; Areas of Responsibility:. water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. Tht purpose of this work is to maintain District water control facilities. Further deterioration of these facilitie.~ will restrict the District's ability to provide flood control and water supply. The various gates and operators are deteriorated and need replacement/repair. Some of these structures have been in operation for over 20 years without having major repairs done to the structures. The primary functions of these structures are flood control and water supply for agricultural and environmental uses. ?997 / 1998 Accomplishments 1998 / 1999 Objectives S-29 Service bridge repairs Listed Projects and Costs within Activity Project Phase Schedule Pha~se P, lanning ;i. ¢,: Land :Acquisition Design:'/~ Permitting Construction O&M Monitoring FY 1999 FY: 2000:.; FY2001 FY 2002 FY 2003 Total Cost S1.320M S1.135M Sl.215M S740,000 S480,000 53 Maior Program Name Program Element/Activity Name & Number Partnerships and NAVIGATION LOCK REFURBISHMENTS IDislrict-v,'ide Water Resource ' Mgt Proarams IO&M Reqional Flood Control System ~ ICa04 - Structure Modification/Repair Cost Share FY 1999 f SO Estimate EstimatedCompletion I~ ] I October 1, 2000 Manager / Conta ct Ralph Harden Prelects and Costs within Activity Scope: The scope of work for the S-193 Navigation Lock consists of removing lead paint and repairing all corroded structural members of the lock structure. Lead paint is considered a hazardous material and requires extrication from the work site to meet current environmental regulations. Other work includes replacement of fender/pile systems and other miscellaneous structural repair. Future years funding will pay for similar work at other navigational locks such as S-65E, S-65A, and S-65D. Purpose: Plan Linkage: OMD Maintenance Schedule; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. S-193 is a sector gated navigation lock on the nodh shore of Lake Okeechobee. The lock is the conveyance channel for boat traffic into and out of Taylor Creek and the lake. The lock was constructed in the 1960's. Since its construction no major refurbishment have been performed on the gates. Corrosion has developed on the structural members and needs to be attended to. This will insure that the design life expectancy of the structure will be increased and will function properly. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Project Phase Schedule Phase FY 1999 FY 2000: I FY2001 FY 2002 FY 2003 plan'ning i; '~. :';.. : .: Land Acquisition Design. / ~Permitting Construction .:: o'&'M Monitoring Total Cost 54 CANAL/LEVEE MAINTENANCE Major Program Name Program Element/Activity Name & Number Partnerships and District-wide Water Resource Mgt Proarams 1' IO&M Regional Flood Control System ICa05 - Canal/Levee Maintenance Cost Share Scope: FY 1999 5545,000 Estimate Estimated October i, 2002 Completion Manager I J Contact Zan Kualer Projects and Costs within Activity I1.) C-24 Bank Stabilization (S230K) 2.) c/o WPB Canal lmprov/L12 Maint The scope o! work for the C-24 and West Palm Beach canal projects consists of maintenance dredging of canals. Irestorin9 degraded levees and stabilizing eroded canal banks. Selected reaches of eroded canal banks are reshaped land stabilized with stone rip-rap or aquatic vegetation. Some maintenance dredging may be required to restore lthe canal prism to its original design section. Future years funding will pay for similar work at C-25, C-1, C-102, C-51, L-8 and Hillsboro canals and levees. Purpose: iPlan Linkage: Canal Conveyance Plan; Areas of Responsibility: water supply, flood protection; Anticipated 'Additional Operating Costs: reduced operation and maintenance costs. The purpose of this work is to maintain the canal conveyance capadty and District's levees to provide flood protection. A five-year inspection plan of the District's canal system was completed in 1995. The inspection identified canals that needed maintenance dredging land canal bank stabilization to maintain the functional integrity of the District's flood control system. 1997 / 1998 Accomplishments 1998 / 1999 Objectives I Complete WPB Canal improvements Project Phase Schedule Phase ~ FY 2000 ~ FY 2003 ~ Plannincj ,, ~ .~ Land Ac'~Uisition ~ Design / Pe'rmittin,q ~ ~ ~~ ~ ~ Construction ~ ~~~~~ ~ Monitoring [ TotalCost I ss45.000 I s890.000 I s6 5,000 Is400.000 I TBB .. COCOHATCHEE CANAL PHASE IV IMPROVE/V~S'i Major Program Name Program Element/Activity Name & Number Partnerships and '~- V/ater IDistrict-w~ou ', Resource [Mqt Proqrams O&MsystemRegional Flood Control LCa06 - Big Cypress Basin Cost Share FY 1999 $1 ,720.000 Estimate Estimated I October 1, 2000 Completion t Manager / Contact Bob Laura Projects and Costs within Activity Scope: The proposed scope of work for this project includes channel improvements (deepening and widening) approximately a four (4) mile reach between Mule Penn Quarry to Corkscrew Canal. Two (2) oxisling cuiverls will be replaced with two (2) new bridges, which wilJ be two lane, 100 fl in lenglh and supported on concrete ~iles. One bridge will be located at Mule Pen Ouarry and the other mid-way between the quarry and the canal :unds for the construction of this projec! will be encumbered in FY 1999 and expended over a two year period between FY 99 and FY 00. Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The easterly segment of the Cocohatchee Canal between Mule Penn Quarry and Corkscrew Canal is hydraulically deficient to provide adequate levels of flood protection to the rapidly developing area. In order to achieve the desired objectives of flood control and water supply, channel improvements will be necessary to implement the surface water management plan for the area. The present configuration of the canal and road crossings cannot provide the required flood protection level service from a 25-year, 3-day design storm event. The proposed project is recommended to be implemented to avert the above problems, particularly to enhance flood control measures to safeguard public welfare and safety. This project includes canal excavation, construction of an automated gated water control structure, and relocation of several bridges and culverts. 1997 / 1998 Accomplishments 1998 / 1999 Objectives lCocohatchee Phase 3 Improvements ICommence channel improvements in FY 1999 Project Phase Schedule Phase FY 1999 :: FY 2000 FY2001 FY 2002 FY 2003 pla-nning,. .: : :, :'.....: :-:~ Land Acquisition ' ~ _ Design / permitting: . ~~ ConStruction ~~~ O&M · ~ ,,. Monitoring Total Cost 1 S1.720M I S0 I $0 1 $0 I SO BCB LAND EASEMENTS Major Program Name Program I Dislrict-wide V,/aler Resource Programs O&M Regional Flood Control S~/stem r Element/Activity /Ca06 - Big Cypress Basin Name & Number Partnerships and Cost Share None Scope: Projects FY 1999 S75.00O I J Estimate September 30. 1999 j Estimated Completion J Manager / I '] Contact Bob Laura/Clarence Tears and Costs within Activity The scope of work for this project consists of the acquisition of easements and other land interests necessary for the improvement of the Cocohatchee Canal. These interests may include both permanent and temporary easements. Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The Cocohatchee Canal Phase 3 ilmprovements Project is the third phase of a four-phase improvement plan on the Cocohatchee Canal in Collier !County. The Cocohatchee Canal drains a 186 square mile area consisting of mixed development, agriculture and inatural areas. The canal was created as a source of fill matedal for Immokalee Road and has no original hydraulic design. The objectives of this project are to raise the level of flood protection, increase water supply and enhance environmental quality. 1997 / 1998 Accomplishments IAcquisition of Easements for Phase 3A 1998 / 1999 Objectives [Acquisition of Easements for Phase 3B Project Phase Schedule Phase' FY 1999 FY 2000 FY2001 FY 2002 FY 2003 DeSign I Permitting ' · : ' :' ' Construction O&M Monitoring Total Cost I s75,ooo I so 1 $o I so i so 57 Major Program Name Program Element/Activity Name & Number Partnerships and CORKSCREW CANAL IMPROVEMENTS District-wide Water Resource Mat Programs O&M Regional Flood Control Syotem'" Ca06 - Big Cypress Basin Cost Share FY 199~ S0 Estimate Completion Manager / Contact Bob Laura Projects and Costs within Activity Scope: The scope of work for lhis project includes channel improvements (deepening and widening) for 3.5 mdes of canals, culvert replacements, and two (2) Iow-head water control structures to prevent overdrainage of wetlands in the Corkscrew Regional Ecosystem Watershed, and to reduce occurrences of nuisance flooding for the residential area north of CR 846. Purpose: Plan Linkage: Big Cypress Basin 5-Year ClP; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The Corkscrew Canal and its side ditches have been adopted as "Works of the Basin" effective FY 1994. Presently uncontrolled outflow through the canal system overdrain an extensive podion of the Bird Rookery Swamp of the Corkscrew Regional Ecosystem Watershed. The canal system also does not have adequate flood conveyance capacity due to small cross-sectional area of the channels and numerous undersized culverts. Objectives of this project are the following: 1)support the long term viability of potable and agricultural water supplies, 2) control recurrent flooding problems, 3) reduce excessive freshwater discharge impacts on downstream estuaries, 4) enhance natural system functions and values on publicly owned lands, and 5) establish outflow control elevations for water management facilities throughout the BCB watershed. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Commence hydraulic modeling Proiect Phase Schedule Phase 'FY 1999 ~ 2000 FY2001 FY 2002 FY 2003 Planning, . : '! :." .~ Land Acquisition : ~~ Design / Permitting · ~ Construction ~ O&-M;. . ~ Monitoring : .- : Total Cost I $0 J S0 J S0 I $1M J S0 Major Program Name Program Element/Activity Name & Number Partnerships and CR951 CANAL IMPROVEMENTS Mat Proarams Estimate I O&M Regional F'ooO Control I Estimated I October 1. 2001 System Completion Manager / Ca06 - Big Cypress Basin Contact Bob Laura Cost Share Projects and Costs within Activity Scope: The scope of work for this project consists of channel improvements to Ihe existing canal from Vanderbilt Beach Road north to CR 846, culvert replacement and the construction of a new weir. The CR951 Canal provides Istormwa[er management for the urban and semi-urban areas of Golden Gate, as ~¢ell as sources of recharge to the Inearby water supply wellfields of Golden Gate City. Collier County's comprehen.~ive plan mandates flood protection for the 25-year, 3-day storm event in urban areas of Collier County. Construction easements for the project may be obtained by cooperation of the land owners at no cost to the District. Funding for the construction of this project will be encumbered in FY 2000 and expended over a year per od between FY 00 and FY 01. Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP, Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The purpose of this work is to upgrade the existing canal system for a continuous population growth in the Big Cypress Basin. This project is part of the ioverall planned improvements for the CR 951 Canal. The project consists of approximately 2 miles of canal :enlargement and replacement of several privately and publicly owned culverts. The CR 951 Canal was originally excavated as a source of fill material for construction of CR 951 roadbed. The October '95 storms caused extensive flooding in this area. The CR 951 Canal provides stormwater management for the urban and semi- urban arbas of Golden Gate, as well as sources of recharge to nearby water supply fields of Golden Gate City. Facilities for control of the canal as well as canal enlargement will enhance water management functions in the area. 1997 / 1998 Accomplishments 1998 / 1999 Objectives ICommence planning studies Project Phase Schedule Land.Acquisition .-.' :: DeSign :t ;.Permitting ' ConStruction .:' ~~ .., O& M~.~:' : Monitoring'. Total Cost j SO J S3,.000,000 I SO J SO j S0 ~9 FAKA UNION WEIR No. REHABILITATION Major Program IDistrict-wide Water Resource FY 1999 SO Name lMgt Programs Estimate Program O&M Regional Flood Control Estimated OcL 2003 System ~ Completion Element/Activity ICa06. Big Cypress Basin Manager /I Name & Number Contact Bob Laura Partnerships and Cost Share Projects and Costs within Activity Scope: The scope of work for this project includes the replacement of a weir structure with a gated/spillway structure. It is proposed to perform a detailed hydrologic-hydraulic planning study for retrofitting the structure in FY2000. Collier County's comprehensive plan mandates flood protection for the 25-year, 3-day storm event in the urban areas of Collier County. Land acquisition for this project will be obtained by donations at no cost to the District. Funding for construction of this project will be encumbered in FY 2003. Purpose: Plan Linkage: Big Cypress Basin 5-Year CIP; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The Faka Union Canal Weir No. 4 provides important water control functions for groundwater recharge to the adjoining Eastern Golden Gate Estates wellfield of the City of Naples Water Utility. It was constructed approximately 25 years ago as a V-notch weir. In 1983, the Board of Collier County Commissioners added provisions for water storage with stop log operation. The stop logs were not leak proof and were susceptible to continual vandalism. In 1992, the Big Cypress Basin Operations and Maintenance staff modified the structure by replacing the stop logs with winch-operable steel gates. Due to the strategic importance of this aging structure in preserving the wellfield, it is necessary that a complete retrofit be performed in the near future. 1997 / 1998 Accomplishments 1998 / 1999 Objectives IN projects are scheduled until FY2000 Project Phase Schedule L~nd';Aoq'uisitign Design':'.¥~permittin[t ~.: ... ...... :- ConStrUction- .... . r O&':M?:!:~:. ' :. · MonitOring - To l Oost 1 so I SO I So 1 so I s oo,ooo 60 GOLDEN GATE CANAL WEIR NO. I Major Program Name Program Element/Activity Name & Number Partnerships and IDistrict-v,'~de Water Resource Mgt Pro~:rams IO&M Regional Flood Control System ICa06- Cypress Basin Big Cost Share FY 1999 SO Estimate Estimated ] Oct. t, 2002 Completion / Manager/[ Contact Robert Laura Projects and Costs within Activity Scope: The scope of work includes the retrofitting of the existing weir structure to a gated spillway structure. Collier County's comprehensive plan mandates flood protection for the 25-year, 3-day storm event in the urban areas of Collier County. Land acquisition for this project will be obtained from donations at no cost to the DistricL Funding for construction of this project will be in FY 200'1. Purpose: IPian Linkage: Big Cypress Basin 5-Year ClP; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. During the last decade ten water control structures have been modified or reconstructed in the Golden Gate Canal and its tributaries to achieve better management objectives. However, in spite of the modification of the upstream weirs, a considerable amount of freshwater is being discharged continuously through Golden Gate Canal Weir No. 1 to Naples Bay. In addition to the impact of this overdrainage on the water table, the shock load of freshwater discharges have been found to be detrimental to the aquatic biota of Naples Bay. The structure is now 30 years old. Due to the strategic importance of this weir in water management of a large basin, its structural rehabilitation needs to be considered in the near future. Modification of this weir with provisions for a more efficient system of operable flood control gates will be able to provide better water mgr. flexibility for water conservation and flood control. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Initiation of planning phase Prelect Phase Schedule Phase FY 1999 FY 2000 · FY2001 I FY 2002 FY 2003 Pla'nning~;:; :i';.::' ;:: ~.'~. :.'?::': .::;i'.?i':'; ::.:.:.~:'!::: :~~ Land:.':ASq'ijisition .:::i .'; :'::' ::..': .:::: :: ;'.';":'~: :?; '~':::: :: ~ .¢ :: .. DbSi,~n: i'~i! permittinB...- :.. conStructiOn :- O &:M.: .... ' . ": Monitoring Total Cost I $0 1 $0 JS2,500,000 I S0 t S0 CANAL CONVEYANCE CAPACITY Major P~ogram Name Program Element/Activity Name & Number Partnerships and District-wideMat Programs Water Resource IO&M Reoional Flood Control System - ICa07- Canal Conveyance Capacity Cost Share FY 1999 ~ St.385.000 Estimate / Estimated I October 1, 2003 Completion Manager / Contact John Leslie Projects and Costs within Activity L10/L12 Canal Maintenance, Reach 2 Scope: The project scope involves maintenance dredging of the West Palm Beach Canal. The work will be accomplJshec in a phased manner. Phase 1 is from Pump Station S-SA west Io the steel span bridge, approximately 8,000 linc. ar feet. This work is scheduled lo start in F'Y98, The limits of the other phases have not been determined yet. The spoil material from the canal will be excavated by drag line or hydraulic dredge to restore the canal prism to its original design section. This work will provide improved conveyance capacity in the canal. Purpose: Plan Unkage: Canal Conveyance Plan; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The purpose of this work is to maintain canal conveyance capacity and the District's levees to provide flood protection. A five year inspection plan of the District's canal system was completed in 1995. The inspection identified canals that needed maintenance dredging and canal bank stabilization to maintain the functional integrity of the District's flood control system. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Completed Phase I lCommence work on Phase 2 Project Phase Schedule r Phase .FY 1999 I FY 2000 FY2001 FY 2002 FY 2003 Land"Adquisition · '.'. . ' :'" ~~- ' " :_ -_-:'--:.-:--- !~ ~ ~ ~ Design'.?..l~::Permitting..;.:';':... .': .. ~:,: :: :::~~~~~ conStru~tion '~::i.':. ':i: ~:.':: :::-: · .:. :::.:¢,:. :.:..~~¢~ITC~J~J~ ~:~ ~~~ MOnitoring. Total Cost J S1.385M I 5505,000 I 5400.000 tS400:000 I TBD 62 TELEMETRY FACILITIES IMPROVEMENTS Major ProGram Name Program Element/Activity Name & Number Partnerships and District-wide Water Resource Mqt Pro,rams O&M Regional Flood Control System ICb01 - Emergency Management Cost Share FEIdA Mitigation Funding-S1,388,000 (FY99) Scope: FY 1999 Estimate Estimated Completion Manager / Contact Projects and Costs 5300.000 Oc[ober 1, 200,3 Ralph Havden within Activity fSouth Loop Replacement (10) Work includes the upgrading and hardening of the District's telemetry and communication systems. This projecl involves the hardening of the South Loop System to withstand 155 mph wind loads. This project includes the strengthening o! eight telemetry towers. The S-124 project involves the replacement of lhe control building and installing Remote Acquisition and Control Units (RACU), so this structure can be remolely operated from the Control Room at the headquarters building in West Palm Beach. The South Loop control buildings will be replaced with pre-fabricated concrete buildings capable of withstanding sustained winds of 155 mph. Purpose: Plan Linkage: none; Area of Responsibility: flood protection; Anticipated Additional Operating Costs: reduced operation and maintenance costs. The telemetry system provides control and communications with remote sites for monitoring and regulating the flood control system. It also provides a back-up communications link and operating field units. The South Loop System, a system of microwave towers for remote control of structures and communications for the District in the South Florida region, was completed in the mid 70's to enhance flood control and the recently completed North Loop System will enhance response time for flood control in the Kissimmee Basin. This system is critical in the efficient operation and control during normal and emergency conditions. The hardening of these facilities against hurricane force winds is vital to ensure continued operation of our water control systems and to maintain continued communications with emergency response work forces. 1997 / 1998 Accomplishments 1998 / 1999 Objectives Is. Loop Telemetry Towers S. Loop Bldg. Repl. & Telemetry towers Project Phase Schedule Phase FY 1999 FY 2000 FY2001 FY 2002 FY 2003 Planning '' : ~ Land Acquisition . Design /.Permitting' ~ ~~;~~~ Construction ~ ~~ O&M Monitoring Total Cost J s300:ooo I S220,000 I s350,000 1 s573,000 IS700,000 BIG CYPRESS BASIN WATER MANAGEMENT IMPROVEMENTS 1 Major Program Name Program Element/Activity Name & Number Partnerships and IDistrict-wide Water Resource Mgt Programs [O&M Regional Flood Control System iCa06- Big Cypress Basin Cost Share Scope: FY 1999 S2.~54.733 Estimate Estimated July. 2000 Completion Manager / Contact Bob Laura Projects and Costs within Activity 1.} c/o Cocohatchee Phase 3B (5925K) 2.) c,'o Coco Canal hnprovements ($809.3K) 3.) c/o Coco Structure #3 (S750K) 4.) c/o Lucky Lake Structure (S250K) 5.'~ cio CREW Land Acquisition (S120.4331 IThe scope of work consists of the following: 1,) Cocohatchee Phase 3B - channel deepening and widening of the Cocohatchee Canal east of 1-75 to CR951; 2.) Coco Canal Improvements - replacement of three bridges across the Cocohatchee Canal; 3,) Coco Structure #3 - construction of a two bay gated water control structure on the Cocohatchee Canal; 4.) Lucky Lake Structure - construction of a sheel pile weir structure with gales to reduce overdrainage from the Lucky Strand and Stumpy Strand wetland areas; 5.) CREW Land Acquisition - These funds will be used for the purchase of lands in the CREW SOR p'roject. ' Purpose: IPlan Linkage: Big Cypress Basin 5-Year CIP; Areas of Responsibility: water supply, flood protection; Anticipated Additional Operating Costs: The Coco Structure #3 and the Lucky Lake Structure are new works. Annual operating costs are estimated to be S16,000 and $20,800 respectively. The Cocohatchee Canal Phase 3B dredging and bridge widening shall provide improved flood control of the tributary region bringing the level of protection to an estimated 25 year storm. The Cocohatchee Structure #3 shall prevent over drainage of the Cocohatchee Canal while passing the design storm. The Lucky Lake Structure shall prevent overdrainage to the Lucky Strand and Stump Strand wetland areas. 1997 / 1998 Accomplishments 1998 / 1999 Objectives construction of Cocohatchee Canal Phase Project Phase Schedule Phase FY 1999 FY 2000 FY2001 FY 2002 FY 2003 P la n rii h ~'ii':;::.;;~: ":.': .:-'; -':.;i: :i." 7;:. ::-:. :.;:i :i.,i i-!: ::.. ;: ;' :~ :;.!.: ::. :::~:: ;?...::~ La',nd;!~:Abquisition ; !: · .. ::'..::::::.::: :.,'; ~:: .: .., Design::/..:~ipermittincji : . '.": .;;.. ConStru~tion . .: ::..:: :: .,:;.-: : O :& M !.i"..-~;:~;;i~. :; :i .. :: "' ;:: · · : ': Monitoring: .: .: Total Cost I $2.854M J S0 I S0 I S0 I SO 64 APPENDIX "N WATER MANAGEMENT DISTRICT S I.,\~ DARD FORMAT tq,',OGILAM DEFINITIONS (effective fiscal year 1998-1999) 1.0 Water Resources Planning and Monitoring This program includes all water management planning, including water suppl.',' planning. development of minimum flows and levels, and other water resource planuing: research, data collection, analysis, and monitoring: and technical assistance (including local and regional plan and program review). 2.0 Acquisition. Restoration and Public \Vorks This program includes the development and construction of all capital projects (except for those contained in Program 3.0), including water rcsource development projects/water supply development assistance, water control projects, and support and administrative facilities construction: cooperative projects; land acquisition (including Save Our Rivers/PreserYation 2000); and the restoration of lands and water bodies. 3.0 Operation and Maintenance of [.ands and Works This program includes all operation and maintenance of facilities, flood control and water supply structures, lands, and other works authorized by Chapter 373, Florida Statutes. 4.0 Regulation This program includes water use permitting, water well construction pem~itting, water well contractor licensing, environmental resource and surface water management permitting, permit administration and enforcement, and any delegated regulator3' progran~. 5.0 Outreach This program includes all environmental education activities, such as water conservation can~paigns and xvater resource education; publi~: information activities; all lobbying activities relating to local. regional, state, and federal governmental affairs; and all public relations activities, including related public sen'ice announcements and advertising in any media. 6.0 District Management and Administration This program includes all governing and basin board support; executive support: management information systems; unrestricted reserves; and general counsel, ombudsman, human resources. finance, audit, risk management, and administrative ser¥ices. 65 Development Services Building 2800 North I lm'scshoe l)rivc RECE ' ' 80,~.r,3 c,~ :.r, unl v HOUSING AND URBAN IMPROVEMENT 5'IES'iORAN DU 5,1 D A T TO: FROM [)cccmbcr 9. 199S .Suc l:ilson, Administrative Assistant Board of C'ountv Commissioners .loannc Dalbcy Pl;mning Technician .... Carter Constantine 8err7 SUB.IECT: Approved Minutes of thc ..\flbrdable thmsinu ('ommission Attached arc apl','ovcd meeting minutes of thc .,\ flk'~rdablc I tousil~g ('c)mmiss~tm: Fcbru;u'v 9. 1998 March 16. 19',)8 April 2{). 19OS .May I S. 199S .lunc II. 1998 There was not a tluorun~ at Iht .lulv 199S meeting August 11. 1998 There was m~ meeting in thc month o1' Scptembcr 1998 If you have ;u,y questions, please call Thanks. jcl 'c ;lb C'lllt~llh)MIC (i07 :'7',5 JO: ,\i:I:()i~.I)..\I~IA.~ lIOtiSIN(; ('()51.~Ii~Si()N :\FFORDABI,I.~ IIOUSING AI)VISOi~,3' ('()51511TTi.~i.; COI,I,IER COUNTY DI.Y~'I{I,OI'.%IENT Si{RVi('I.;S BUII.I)IN'(; 2H00 NOI,',TII IIOI~,SI{SIIOE DRIVE - I:i'iBI~.U..\RY 9, 1998 511Nt"I'I{S ROI.i, C..\! ..X Il.'-; 1{ NT I'I~,i{$1{N'I' ('ceil. Jeff \'allessa l:itz .{ o',m (;ust N]ark I,indncr Brucc Mumm Nlark Atom Smith Jack Witliams Cascv Wolff .X X X X X X X X Staff' Present: Grog .x. lihalic, ('ormac Giblin, Susan Gol¢tcn..{oan,']c Dalbcy. Jason .Sam Goodman Inadc a motion to acccpt thc tllilltllC$ ol'.{ailtuti'v 12..{cfi'Cecil seconded, mol~on ca.lcd, N'._'\\' CoIlllllillCC IllClllb¢l'. ('[lSCV \Vol IT \\':ts introduced ('OI1SOI'liuIll. bLl~lkcFs, tJlc ('ore,IiX ('{HllpJcx. ;llld tll:tl~X oq~tcs ;~'c ~ailcd or }:..XXcd ,ts ,~ rcxt:}~ t~andlc thc bid process and getting thc work done in a ti~cl',' fashion. .laso~t bclicvcs th:< wc Discussion Ibllowcd regarding approved contractors ailtt thc ('ounty's bid process alld ho\x it, streamline thc program to si)ccd up thc process ulxlcr thc I{cxitlcntial I<chabilitati~m l'rogram. Discussion regarding Land Acquisition. Jason recommended it bc lcl't i~ our plan. Tl~c Chairman asked that thc subject of land acquisition be put on a future agenda. Jack suggested Ikwming a st~bcommitlcc to address land acquisition and other' issues lhat need 1o bc addressed. Sam a2rccd to chair the subcomndttee and Jack stated he would also Iikc to tho committee. Sam asked lbr a list ol'propcrtics that arc available. Jason x, ill attcn?t to <ct tl~is information by Ibc next meeting. Oreg slated staiT must go ahead v,'itl~ thc prcpzu-ation ol~thc plan :md v,'ould p~'ob::bly hax'c a cop5' available for thc next meeting. "IT~c next regular meeting will be held on March 16. Meeting ad.loth'ned ill 9:40 i1.Ill. AFFOI~,DABLE ttOUSING COMMISSION AFFOtt, DABLE ttOUSING ADVISORY COMMITTEE COI.I.IER COUNTY DEVELOPMENT SEll. VICES BUll.DIN(; 2800 NOI~,Ttt ItORSESIIOE DRIVE - CONFERENCE I~,OO5I "(;" 51AI/.CIt 16, 1998 MINUTES ROI.I. CAI.I. ABSENT Cecil, Jeff X \"ancssa Fitz X Goodn]an. San~ Joan Gust Mark Lindner Bruce Nlun~nl Mark :Xtom Snlitll X J~tck Willian~s Case5' Wol fl' X Staff k'rcscnt: Cormac Giblin, Susai~ ©olden. Joam~c Dalbcy, Jason q'hc meeting was called to order t~y thc chairman at S:40 a.m. There was :t qt:ortm~ Orcscnt. .,\ppro','al el' bill, utes: Sat~ made tt~e motion to ;q)provc the minutes oI'the .lack sccontlctl, l~l(3tioll l'~assc(t. sct'~cdulcd to be painted. Thc two neighborhoods tt'~ey arc focusing o~'~ ;~rc the I?,ivcr i~ark East subdivisiot'~ anti some houses in thc East Naples area, a~'~d o~'~c house iii tl~c Golden Gate Thc areas being targeted for seeking volunteers arc thc service clubs, trade organizations, lawn maintcnance organizations. Next year she hopes to expand to a greater nun'~bcr of houses. $ttlPlt0tjsingAssistancePlatl: Jason stated nothiI~g new had bccn done to thc t'tAP Plan since the last n~ecting, tqc and Susan rccon~mend that the }dousing Analy'sis Stlllllllar}' (Section 3) be on~ittcd since it is l~Ot required and is already included in the l-teasing Elcn~ent off thc Growt}~ Nlana~cmcnt l>lan. Thc [~lan mt~st go betbre the City Council on April 15 anct Board of Cottntx' Com~issionerson.-Xpri128. Jason apologized for not havingadraftcopyrc;~dvlbrthisnaccting. but will dclhnitcl5' have it l~r the April naccting. l.;tnd Acquisition: Sani was able to gut :~ list o£ lots l¥on~ [{cal t'ropcrty :~nd ll;tndcd otlt copies. There was discussion on which lots arc buildablc and ho;v to acquire ttacsc lots. l'orn~ing a sub-con~nlittcc of Bruce, J[tck, Jcl'l'and t~in~sclt'to t)t~t togctl'~cr ;t i);tckagc off recon'm-~ct~dations to take to tt'~e Board of County Comi'nissioncrs. Jason x¥ill set with Real t~ropcrty. Jason and Con'nack xvill also attend. Tentatively set for Friday There was no other business to discuss. Thc n~ccting adjourned at g:45. Next n~ccting will be held on April AIrFORDABLE HOUSING COMMISSION AI:FOI~.DABLE IIOUSING ADVISORY COMSIITTEI'~ COI.I. II,;I,I COUNTY I)t,;VELOI'5II,LNT SERVICES 1:ll.511.I)1N(; 2800 NORTII IIOI~,SESIIOE DI,IIVE - CONI;ERENCI'; 1~.OO~1 "G" :\I'RII~ 20, 1998 MINUTES 1. The meeting was called to order by the chaimlan at 8:40 a.m. Thcvc was u quorum tM'cscnt. RQi,I. CAI.l, Cecil, Jeff Vanessa l:itz Goodman, San~ Joan Gust Mark I.indncr Bruce NI umm Mark :Mom Smith Jack Williams Cascy Wol I'~' ..\ B..q F;NT P I~.I,~SI'~ NT X X X X X X X X Staff Present: {,'ircg Nlihalic. Cormac Gil>lin, Susan Golden, Joannc i)albcv. Jason · X,54.)pt'ov:~l of .XlinutC..'3: Bruce moved thc minutes oI'thc March meeting bc approx'cd. JelT seconded, motion passcd. Jasoll showed an inforlnativc video oll at'I'ordablc housin.g done by thc GovcrnoI's Comlnissioi~ on .,\fl'ordablc t tousing. Greg adviscd that tI~¢ video will be shov,'h~g o~ Channel 5.4 on a regular basis. 3. IIAI' UI'I),.\T!';: Jason passed outdral\copiesol'thcl'lousing.;Xssistanccf)l',m. Thc plan will ,,o before thc [3oavd ot'Cottl~t)' Commissioners on April 28. Thc ('ltv off Naples upprox'cd brd~211 Ill[ldc. Susan asked itbotlt thc status of thc County's negotiations with DCA on thc Cot~prcl~cnsix'c Plan. Jaso~ stated there would be a telephone co~I~rcnce meeting at 1:00 todav. Jasoi~ also stated wc arc in thc process ol'calling in expert witnesses if neccssary to tcstil}' on our bchall'a~ thc hearings. Thc only issue still otnstanding is ]:mguage on fulurc [:H-mxvtwlqcr housing. Jason hopes it will be settled at lilt l:0() Illcctillp tod\Iv. 4. I.ANI) A('QLrlSITI()N: Samvcportcdthercw:tsasubcommittcc]x~ccting:vithJasonand COl'Ill:AC. '['llCI'C \% ;AS discu.ssiot~ 011 llt}\',' %~.'C Cilll ucquivc solnc of this l:u~d :tnd x,. hat c:t:~ bc built on the land. There needs to be, a study made of thc lots in question as to tile condition of the land, is electricity available, the condition of the soil. Discussion ibllowed on tile feasibility of tmilding al'ford;.tl')lc housing oil these lots. Vancssa reported silo has bccn assigned a technical project assistant lbr a year from Baltimore. This will be thc first person to be assigned to Southwest Florida and will be here until May 1999. Vancssa's training will teach her how to develop, purchase, market studies, selling, crc. Thc person who is coming here will show CHDO how to access funds, will want to speak to Grog and Jason. Vanessa suggested that after she completes the training, the Al-lC should get together and make a plan and see what we cm~ rczdly do, we won't have to second guess what is out there. The nextnlcctin,.z'xxillheldoll.Xla;' 1,q. Thc ChairmanannounccdshcwiIInotbea/)Iotoattcnd the nc×t meclinv as silo will bc '~. ;lt..'itliOIllllt.2 II1 I!tlImOpC. Meeting adjour'ncd at 9:40. /.id AFFORDABLE IIOUSING COMiVlISSION AFFOILDABLE IIOUSING ADVISORY COMMITTEE COLLIER COUNTY DEVELOPMENT SERVICES BUILDING 2800 NORTII IIORSESIIOE DRIVE - CONFEILENCE ROOM "G" .:'Xl..\'~' 18, 1998 ~IINUTES 1. Thc meeting ,,,.,as called to order by thc \;icc Chaim'mn, Sam Goodman, a~ 8:30 a.ln. ThcT'c was it qtlOrtllll prcsollt. R(.)!..I. ('Al.I. 'ABSENT PRESENT Cecil..l c l'l' X Mark l.~ndncr X Mm'k ..Xlonl Smith X Jack Williams X C;tscv Wol l'l' X Staff lh'cscm: Cormac ©iblin, Sus:u~ ©olden, Joallllc Dalbcy, Jason S,.vcat Al_)p!'ov:~lofMinulcS: Mim]tcsofthcAp['ilmectingwerenotav;filablcForapproval. lllCC[lllg. Jason announccd that '~ is Na~i~'~tl HomeOwncrship Week. Jason cxplaincd that thc ('ou~llv v.':tlltS tO initiate a public/i)rix'atc partnership to recognize thc oppo~junitips .flor home ow~lc'rship, lie has prepared a packet that will be used to apply t~ partncrsl~p Natiun:tl tlomc Ownership Partners through thc Department of tfousing and Urban l)cvclopmcnt. Jasonhandcdoutcopicsofthepackctm~dapartiallistofpossiblcpa~ncrs, thiscommittccbcingoncofthcm. Wc are here to promotc homc ownership and during homc ow~crship wcck wc may do it a liulc more so, possibly putting an ad in thc newspaper saying lt~is is xvllaI tltc Comity has availablc...X newsletter called "Keynotes" will be mailed out quarlcrlytolh~rmcrs. Susan;tsl<cd i~'t!~isinI~[-matio]~hasl)ccntalkcd:tboultoothergroups. .[;i:;oll l'CS})olldcd that Grog had t:~l.:v~ ~: to thc Banking Part]~c]'s!~lp ~ccting. Bruce made moliol~ that thc commission become a p;L['tllCr, motion secomtcd ;t]~d passed 'I'hc County will have a proclamation going before thc Board of County Commissioners .Itlllc 2. Thc City Council will do somctlfing on the yd. L..\NI):XCQUISITION: BruccrcportcdthcsubcornmittcemetatCBl,,\lastMondavwith various builders in the Golden Gate Est:Ires area, along with people fi'om the various county and state agencies that allow or disallow certain tlfings to happen, in about two weeks there will bca new map out that will show basically where the wetlands arc in the Golden Gate Estates area, not specific lots, but generalization, so we can at least bc relatively sure ifa lot is outside ofthat area it's probably a pretty good lot. Once we get the map it can be given to thc site prel')aration person to ? out and check. Brucc has about 601ots to be looked at. [)isct~ssion followc,.l r%aldil~g h,~v, tt~t.'>;c lots can be obtained, thc c~dilion t}fthe lots. and how :'cF,.' Iow income 12tmilics cap. ::I'~'t~rd to buv holllCS. M;.lrk suggested that someone fi'on~ thc Loan Consortium bc inx'itcd tt_, sp~..,t!.z :ti thc June meeting. Jason will call Bormic Fauls. o 31!';t'."l'l,'X,'G ID;VI'F.. AND T! 3I 1.;: Ai'tcr discussion Bruce moved tlao meeting date be changed to thc second Thursday of each month at 8:30 a.m. Motion seconded by Cascy, t~nanim(msly approved. Susan asked how everyone feels about taki~;g the summer off. It was decided to contintxc thc meetings through June and a dec/sion made at that time. Thc subcommillcc wilt continue unintcn-tq>tcd. ('). ~_Q..)TIIi';R lll.'.qlNE$$: ~',,larl-: ~alt.:cd ~l~t,t~: thc availability of state funding for affbrdablc hot:si~g developments that wil! i>c ?:~g =:;> :n t!xc area. Mark suggested a letter be written lo Fl-iFC askingtobcinFormcdontt!is!ssuc. Jcffsuggestedaletteroi'inquirybcdrafted which would bo read by Joan and Grog (no~ present at this meeting) alld get their comments. lfthcrcarccnoughOK'sthclcttcrwillbcscm. Brucemovcdthclcttcrbcdraftcd, motion wassccondcdandpasscd. Susan statcd tl~is commission had talkcd in thc past about whcthcr it wanted to Met involved in reviewing al'Ibrdal)Ic housing developments, but thc group decided against it because it only adds to t}~c delay in getting a project to thc Planning Commission and the Board. Jason handed out copies of Ordimulce No 92-44 providing for the creation of'County Boards such as this one and referred to Page 5 regarding the chaiq)erson's responsibilities, to Page 6 regarding tt~c chairperson's l)rcsentation t,, thc 13oard of County Commissioners and Page 7 regarding thc Aflbrdablc Housing ('o~m~.~:;zo~..Jason stated that thc County Administrator this bc addressed. Chairman Joan Gust :ii,ti tl~c c[)mmittee must pul somctl~ing together and get to thc Board as soon as possible. Duc to tt~c l3oard bcing on vacation during thc months ofJulv and August, it probably will not go until Scptc~nbcr. Thc next meeting will be on June t 1. Meeting adjourned at 9:40. /id AI:FOI~I)AI~I.E IIOUSING CO~IMISSION AFFOI~DABI.E IIOUSING ADVISORY COMblITTEE COI.I.IER COUNTY I)EVEI.OPMEN'F SERVICES BUIIA)ING 2800 NORTII IIORSESIIOI.; I)RIVE - CONFERENCE ROO~! .JUNE I1. 1998 3IINUTES 1. Thc meeting xx as called to order by thc d~airman at S:30 a.m. 'I'hcrc xx :ts u quoruI]~ prcscI~t. ROI.I. CAI.I. Cecil. J e fl' Vanessa Fit× Goodlll;.lll, SiIlII Joan (Just Mark l.indncr Jack Williams C:tscv Wol I'l' ..... · \BSI';.NT i'RESENT X X X X X X X X X Staffl'rcscnt: JasonSxvcat, JommcDalbcy, SusanGoldcn A!}!)rovalofSIinutes of Si;ly 18, Jason advised that thc National t]omeOwncrship Week is .lunc 6:~' through lo , not Jtmc 15 as stated. Also Paragraph .~, linc 3 thc worct membership should bo acldcd after "apply tbr". Xlinutcs were al,proved as corrcctccl. Updateon I.and Acquisition Pro'gram. Brucc advised that thc cnx'ironmcntal specialist in thc Natural RosotH'ccs Dept. had not completed his wetlands map as of last week. As soon as thc maI) is done thc lots can be looked at tYom a site preparation standpoint. If thc lots arc in thc wetlands we can eliminate those and do a site view evaluation on thc enos that arc not and then we will know their value. ,'Xlcctin{g Dale and Time. It was agrccd the mcctings will be held on thc sccond Thursday of thc month at 8:30 a.m. ,,Xl~crdiscussion regarding meetings to bo held during thc summer vacation ntonths, Sam stated there arc things happening with housing that he would like to bring up in July and rcqucstcd a meeting at that time which will bo July 9. Jason will ask Bonnie Fauls to speak on thc No:m Consortium. A decision regarding thc August meeting will bo made in .July. Due to thc I~umbcr of members who will be on vacation during September there will bc no 8cptcnabcr meeting. Thc October meeting will be held on the 22,''~ instead of thc 15'h because of thc Florida ttousin- Coalition C'onlUrcnce which will be held in Orlando on October 14 throu,,h thc 16. 5. Oilier Business. Jason explained more in detail about National Home Ownership Week. Vanessa stated that Community Housing Partnership has been assigned a tect'mical assistant, Barbara B~'an Ikom Baltimore, for a year and she is coming in on the 2Ya, she will be present at their board meeting. V:mcssa ]las meetings set up with Grcg, Jasoll Zllld StlSall. Partnering is really necessary now between privatc section and the non-profit sector. Brucesuggcstcd holding a special meeting tbr thc commission to meet with her and ask questions. ¥'ancssa slated this is an opportunity lo talk about tax creclils and all thc programs available. Vancssa will set up a meeting Ibr Tuesday, June 23'd at 1:30 here in thc building. Jeanne will scad out 15xes Io thc commission as a reminder. Referring to l~aragraph 6, "Other Business" of thc Nlay minutes, Sam asked il'thc letter to }:}'tFC wascvcrwriltcn. Jcff statcd ttm letter was not written. }-lc also adviscd that thc FIqFC I3oard is in Naples today and tomorrow and hc felt it was not proper to send them a letter about our politics when they arc coming here as our guests and we arc sponsoring a reception For them lOdilV. JOall staled that since she was I1O1 al thc last meeting she would like to know what thc letter was supposed Io say. .IcFf responded that thc letter was supposed to express this commission's concern that decisions tbr awards of tax credits were being made based solely on political inllucncc. Joan stated she tZ'lt thc commission should not step in unless wc arc encouraging thcm to grant more lax credits to ('oilier County. Jeff will attend alld speak to thc [:[ IFC board at their meeting tomorrow. There being no ft~rthcr business, Ibc meeting adjourned at 9:30. AFFOt~.DABI.I.; I1OUSING COMMISSION AFFORDABI.E IlOUSING ADVISORY COMMITTEE COI.LIER COUNTY DEVEI.OPMENT SERVICES BUll. DIN(; 2800 NORTtl IIORSESIIOE I)RIVE- CONFERENCE ROOM AU(;UST 11. 1998 511NUTES I. The meeting was called to order by the chairman at 8:30 a.m. Tlmrc was a quorum present. ROI.I. CAI,I, ABSENT PRESENT Cecil. Jeff X Vancssa Ritz X Goodman, Sam X Joan Gust X Mark Lindner X Bruce .Mumm X Jack \Villiams X Cascy \Vol ff X StaffPrcscnt: GrcgNlihalic, Jason Sweat, Corn'mcGiblin, JoanncDalbcy The meeting was called to order :,it 8:40 by Chaim~an, Joan Gust. There was a quorum present. Ap!)rov;~lof.,Xlinutcs. Bruccmadcamotionthatthcminutesofthc.funcmcctingbc approved. Jack seconded the motion. Motion passed unanimously. l,and:\cqui~ilion }'r{)gram. Thc Chairman stated thatCascyWoIffhasvoluntccrcdtohclp Form a subcommittee to determine how to get the land transferred Ikom thc County and the policics and proccdurcs that must be established, Bruce statcd that Max Hackcr is the person at thc County who is doing thc environmental study and the map and they have a tentative appointment with Max tomorrow. Thc site preparation person is going over thc lots to determine what is good and what isn't. Once that intBrmation is obtained those lots that are environmentally sensitive can be eliminated. Thc Chairman asked if thc committee had checked with other counties to sec how they pt~rchasc lots. Jason st,Ired that Palm [3each County buys properties and sells them. but we do not have a program like that. Thc Chairman asked Jason check with Palm Beach and Loc Counties and find out what their policies and procedures arc Ibr acquiring properties lbr aflBrdablc housing. Sam stated he was very impressed with a speaker, An Fleming, with a private non-profit who docs bond financing who spoke at a scmimtr Sam recently attcmlcd. Chairman Joan asked Sam to contact Mr. Fleming ami I]mt out what their program is and how they started it. Bruce stated that the procedure for purchasing a lot is to make an ol'lkr to purchase thc lot, thc County has thc lot appraised, and you pay 90% ofwlmt thc appraised x'aluc is lbr tl~at lot. Mark suggcstcd asking CltODO to go to the Commissioners and sav they would like to make applic:~lion Ibr these lots to promote additional atTordabl¢ housing, outside of the prograt'ns thut exist, and would like for the County to give them the lots. Mark stated Ih;it Ct tODO has been assigned a technical advisor lbr a ycar. Grog stated staff'`vould work with her but she would she would put together thc presentation and present it to thc Board. The Board would then refer to stafflbr their opinion on it. Mark made a motion that thc Ct4ODO be asked il'they :ire interested in doing somctl~ing like this. Bruce seconded, motion passcd unanimously. There ,,,.'as extensive discussion on programs offcrcd by thc HUI Dept. for '`'er3' low income first time bomc buyers. Cormac explained tile Down PaymcnffClosing Cost Assistance Program. It was suggested that thc impact l~e waiYer program would be more hclp[k~l with new construction alld JoilllllC explained how thc program works. There ,,,,'ill bc no meeting in September. Thc October mccting'`,,'ill bc held on thc 2? instead of tile IN=~' because el'thc Florida i lousing Coalition Conffcrcncc There being no further business tile meeting adjourned at 9:40. SUMMARY OF RECOMMENDATIONS & MOTIONS: 3. Minutes of the September 2~':' meeting: Mike Bruet moved to accept the minutes as presented; seconded by Bill Neal and carried unanimously. 5. TRANSPORTATION SERVICES Russ Muller advised that he has met with Debra Preston and Stan Litsinger of the Planning Department and Landers. AtkinsPlannerslnc. The County has provided them with the information they requested. The anticipated completion date for the total project is April, 1999. A workshop will be conducted on December 10 at 7 p.m. at the East Naples Community Center. As they will be in Naples the previous day, they have requested to meet with the various people involved with the project. Debra Preston provided copies of the Landers schedule. Debra advised that a flyer announcing the meeting would be mailed to the property owners of Bayshore and the Gateway Triangle. She requested that notification be in the community newsletters. A discussion regarding the wording and design of the flyer ensued. The Hammer-Slier marketing representative wants to meet with various commercial and residential property owners sometime around Christmas. After a brief discussion, the committee suggested his visit to occur during the first week or so of January. A second workshop is scheduled for February and a third, and finaI. workshop has tentatively been scheduled at the end of March. Press releases and other public notifications will be done prior to the workshops Russ suggested having the four county approved landscape architects make presentations in the Board Room sometime in February. He stated that the Transportation Department would recommend only those that have pre-qualified and on the RFP list (Boorman. Bother. McGee. and V',/ilson- Miller). He will make the arrangements. Mike suggested that the landscape December. Ik~'rts Carter C~$tanttne Berr~ architects be invited to attend the workshop in , ~ a. 9.v~ v w, ~W'va lvn. , q'----] e a a l'ij"w, a giva %V'dv~; w ~ 2. 3. 4. 5. 6. 7. 8. 9. Meeting called to order Roll Call Approval of Minutes- Meeting of November 4, 1998 Transportation Services Report Planning Department Report Committee Members' Reports Old Business New Business Adjournment Next Meeting - 4:15 p.m., January 6th , East Naples Community Park Chairman Bill Neal called the meeting to order at 4:20 p.m. at the East Naples Community Park. Attendance: Bill Neal, Michael Bruet. Donna Fiala, and Thomas Briscoe, members: Russ Muller and Sheila Convery, Collier County Transportation Services; Debra Preston, Collier County Planning Department; Jacqueline Silano. recording secretary. Excused Absence: James Lennane, member. Minutes of the September 2"': meeting: Mike Bruet moved to accept the minutes as presented: seconded by Bill Neal and carried unanimously. 4. NEW BUSINESS A. Bill Neat introduced Donna Fiala, the newest member of the committee. 5. TRANSPORTATION SERVICES Russ Muller advised that he has met with Debra Preston and Stan Litsinger of the Planning Department and Landers, AtkinsPlannerslnc. The County has provided them with the information they requested. The anticipated completion date for the total project is April, 1999. A workshop ,,'Jill be conducted on December i0 at 7 p.m. at the East Naples Community Center. As they ,,'Jill be in Naples the previous day, they have requested to meet with the various people involved with the project. Debra Preston provided copies of the Landers schedule. Debra advised that a flyer announcing the meeting would be mailed to the property owners of' Bayshore and the Gateway Triangle. She requested that notification be in the community newsletters. A discussion regarding the wording and design of the flyer ensued. The Hammer-Siler marketing representative wants to meet with various commercial and residential property owners sometime around Christmas. After a brief discussion, the committee suggested his visit to occur during the first week or so of January. A second workshop is scheduled for February and a third, and final. workshop has tentatively been scheduled at the end of March. Press releases and other public notifications will be done prior to the workshops. Russ suggested having the four county approved landscape architects make presentations in the Board Room sometime in February. He stated that the Transportation Department would recommend only those that have pre-qualified and on the RFP list (Boorman, Botner, McGee, and Wilson- Miller). He will make the arrangements. Mike suggested that the landscape architects be invited to attend the workshop in December. It was noted that the mountable curb on Bayshore might present a problem in tree selection. Copies of the budget status dated November 1998 were distributed and reviewed. 6. OTHER BUSINESS A. There was a general discussion regarding the proposed botanical gardens. As there was no further business to discuss, the meeting was adjourned at 5:25 p.m. The next scheduled meeting has been changed to Wednesday. December 9:~' and will be held at 4:15 p.m. at the East Naples Community Park conference room. N "· ". 'qg NATURAL RESOURCES I~fANAGEM. ENT Tel. 941.434.4655; Suncom 974.4655; FAX No. 941.434.4620; email naplesnrm~naplesnet.com i NOTICE OF PUBLIC IdEETING The Beach Renouris'~m~,t/i.{ai.~:tenance Core,mi%tee announces a public meeting to '...'hich all in~eresued persons are invited. DATE: Thursday 03 December 1998 TIME: 9:00 A.M. PLACE: ~t},' Council Char~ers, 7~5~ Florida 3~!02 AGENDA Eighth SS~r~~ Sou~ Nap~¥s, Carter ., ~_.- Constantine '~ ~ c' K I e ~ ~<~--'' Berry ~/ l. Roll Ca~. 2. lter. s to be added. ~ Consideration of -_1 .... ~ ' ~. ~,~_o~= of the m~nutes of the ~98 com.mittee meezing. 4. Project updates: · iXC~ ~ 1 ' ~;~ ~ ; _e.,_.,~a_ oea~., manacemen2 contract s~a~us · Rock removal contract res;art. Caor:-Bic~ Harco Pass ~eu ,.~.;~c~..~ .elan moNl~O_~g report. 6. Marco island segmented-breakv;azer monitoring reporu. 7. Open public inpuu. Ad3c, u~ 0 5 Nove.Tiee r iFF'liE AT ~l; 4'711 ?;iTH FE;'/RZi/ Ar LE.:..ZT l'.';i E'ii:i;Ri.i l.:-.':'' For ac!d;zlona' [n:orr, a~:..%::, please co::zacz Jon Slaiger az .;3.1- 4655. P. esources .Manager Copies To: l:lcach t,',enourishment/Sh~intcnance Committee Nlectin~ November 5, 1998- 9:1)3 a.m. ('hairrnan l.vchm called thc h'~cctin,,~_ to. order and presided. R()I.I.C.,\ LI ....................................................................................................................... l'l'l.: Y,-I- 1 Present: Richard l.ychm. ('hairinan James Brcnnan. \:icc Chairman Kcnnct4~ Dunnc Alcxandra (;undcrs~m (arrived at 9:05 a.m.) Hubert t loward Carol l.vnn Kendall Catherine Kennedy-Campbell (arrived at 9:09 a.m.) [~onnic NiacKcnzic Absent: Joseph I tcrn~s l.ce \Vccks Also l'rcscnt: Dr. Jon Staiger. Natural [,kcsources Mgr. t larold [lubcr. Collier County Capital Projects Nlanagcr Nlichael Poff. Coastal Enginccrin~ Consultants. Inc. Brenda Blair. Recording ~pccialist Maura Kraus. Collier County Natural Re~;ources Department Bobby Cadcnhead, Bonita Grande Sand Company Nlikc Jakub Kenneth/\bcrnathv J{,..':lch JOztl.t.ri,.,hfljL'ni,',x.J:til'tlcl]:lnce (.'Ofllrlliltc~' ,'%/Ct'fi~l~ - ,%o'. t. rul)cr 5. t ~,'(),~ - 9:03 a.m. It is noted for thc rccurd that Agenda Items 5 and 6 wcrc dcfcrrrd tu thc l)cccmhcr 3"~ meeting. ITESIS T() BI.~ :\I)I)EI) .................................................................................................... ITE.',I 2 V ]tom 3a [)iscuss I'undin~ lbr thc l.akc 'l'raJ'Ibrd project: Item 4 I)iscuss beach accesses: Xc'.v Itcnl 6 I)iscu:fs participation of Marco Island on this committee. It is further m~tcd that items to bc discussed at thc [)cccmbcr 3"~ mcctimz~ will incltktc: from C't~astaI IZnginccring Consuhants regarding dune rc-vcgctati{m, includi~g estimated ct,st :llld timetable. AI'i'IIOVAI. OF' ~%IINLYFI-]S 1'!'1.;51 3 3/07'/0,¥ ill' Rrenmil~ ~o A/qV?()I 7:' [/zc' Oc'l.her 8'. /998 meelJng mi.u/ex: .vecoHded /0' DuHne ri/u/carried ,?-() (/;reHiuin~ve.v, /)unl~e~Fu.v, yes, llerms-ahsel~l, l/owardg,ex' Kcmla/lg,c.v, A'eime~(v-Cam/)he/l~res, PR().IECT UPI)ATES ' ....................................................................................................... I'i'E.Xl 4 INCI/E,~IENTAI. BEACII 51ANAGE.XlENT C()NTRACT S'I'A'I'U~: WIG(;IN~ C()NTRACT RI'2~TAICI': ANI) BEACIi AC'CES~I.~S. IN('I~,F;Mi';NT:\L I/I'~ACtl 3I.-\N.-\(;I':.%IENT C()NTR..-\CT S-I'..VI'[;."4 flarrv liuhcr. (7~)llicr County C:.tpit.;tI Pr{~jccts ,x.I:u]agcr. stated that the (",m~mittcc had rccollllll¢Ildcd that thc alternate bid bc awarded lbr thc beach rcmmrishmet~t prt).jcct durin~ ()ct(d~cr melting. After'that meeting. Nit. [ lubcr explained, tl]rcc optitms had bccn drafted. noted tbr thc record that Mr. }lubcr then distributed copies of Opti(ms 1.2 and 3 kvhich appear zXttachmcnt l.) Nit. l lubcr then explained that Options I and 2 represent thc prcviously discussed base and alternate bills, respectively. Option 3 represents staffs rccommcndaticm based on thc COLilltV COIllHliSS[O[i'S COHCcFI1S relative to sca turtle nesting. [lc then reviewed each opti~m: Option 1 represents thc productit~n, transport, and placement of 50.()()') cubic yards t,f sand thc first year with thc option tt~ FCIICW t~)r one year. 'l'i~c COlltFact xkotlld then bc re*bid thc third >car with a I0'3,5 contingency lin}joLted tJlrott~h ciMi~t >'cars: ()priori 2 represents tile prtMuction of 20().00{) cubic yards of szmd per year thc lirst years, with transport and placement in increments of 50.000 cubic yards every year over eight-year period' and ()priori 3 represents production, transport and placement o1' 50.000 cubic yards of sand thc first 5'car. with constructi{m of a test beach, which would then bc monitored throtmh turtle nesting season. At thc end of ttmrtlc nesting season, thc results would then bo reviewed. Il' negative impact is fimnct, then thc project xxoulct continue with thc prtMuction and stockpiling oI* 150.000 cubic yards thc second year. and 200.000 cubic val'ds ill thc third year. response to Chairman [.ydtm. Nit'. l lubcr stated that future budget documents would incticatc separate linc items lbr thc tbdcral and state tktnds anticipated tbr scagrass removal tblloxving thc rcccBt stt)rrll. 1 ............. ,, ] [[[[[[[ [1[ [] ....... [ [[ [[[[ [[1 Bt'ach Itc.m[ri',hmcnt ~.laintc.;i[Icc presented t~, thc Tourist [.)cvcl~)p;ncnt C'ouncil ('['[)C) ()n ()ctobcr l t). but their rcc,,~ct~ctati~)~ was lbr tt~c base bid (Optitm l). This contract hals not bccn rcvic~xcd by t}~c C~,tmt', Commission. he said. t/ohbv Cadcnhcad of Bt)nita (}randc Sand Company noted that ()ption l provided no guarantee ora sand source or fixed price in thc futtlrc, while Option 2 guarantees thc sand source and price. Nlr. l lubcr, however, pointed out that Option 3 represents concerns expressed by thc Clmntv Commission regarding thc impact rcnourishcd I>cachcs will halve on sc:~ beaches, x~hich will include l'ark Sh~rc and Vandcrbilt. Nls. Kratm stated that il' turtles did n~,t nest on a partictdar beach, she would install a test section in order to observe thc hat:bin< process. Intensive tests will include temperature, x~atcr level, and collection of approximarciy 2~} other types of data. ~lichacl PotT of Coastal Engineering Consult:mrs concurred with Nls. Kraus C'cm~mittcc Nlcmbcr Kcn,.lalt then read thc follt,x,.'ing Collier Cc,untv l~,id (l-i×hil-,it .I. 'l'cchnic:~l .qpccilScati~ms) into thc rcc~)rd: "Il'annual sca turtle monitoring, co[~ductcd by thc representatives, indicates that thc quality of thc material supplied trader this C.'(~NI'I<:XC I' thc principal [}lCtOr in crc:ttlng ail adverse impact on sca tut'tlc nesting, thc CO~ I K.,XC 1 (.)~x will C~,q<.iti,,r~s." She said she had c~mccrns regarding thc phrase "pri[~cipal l}tctor" which sl~c predicted c~,uld result in protracted litigation il' thc sand was lbtmd not to De con~patiblc with sca turtle nesting. Nhc said she t~lt it would not bc simple to terminate the contract.'" DISCUSS FUNI)ING FOI{ TIlI( LAKE TICAFFORI) I'I{O.II';CT. ............................ ITI';51 3a Chairman l.vdon no'ted that analysis oF Options 1-3 indicate a surplus o1' Funds which could bc used lbr thc l.akc Traflbrd project. Nit. l lubcr, however, pointed out that thc Cotmtv must amcIld its resolution to include inland waterways il' '['[)C funds wcrc tlscd on Lake TraI'tbrd. During tl~is discussirm, it was determined th;~t Nit. Itubcr would meet with Natural Resources dredging being first. In a ctiscussiorl regarding yom- 2000 stmsct of(me cent of thc tourist tax. thc C'ommittcc cxplurcd ways to divide thc funds between beach rcnourishmcnt and other tourist related projects. Committee N. lcmbcrs noted that thc Cotmtv Commission had approved thc pt~rchasc of a historical ranch in [mmokalcc withouta mcthodto fund it. Committee Nlcmbcr Kendall stated that beach rcnottrishmcnt and maintenance lXtnds should not bc used lbr this purpose, but ratlacr cnviru[l[ncntal projects like thc [.akc TraFtbrd cleanup. Recess: 10:18 a.m. to 10:32 a.m. It is noted f~r thc rcc~}rd that Committee 31t:ml)cr Gunderson ',vas absent when the meeting rcc{}n'.'encd. Ill:Ich I~L'flCHll'i~,hlll~'ill, .~,[:lilift'lt;lllCL' Comfllit|Ct' ,Mcclin~ - N'.vcmhcr 5. IqU,~ - g:ll.l ;I.fll. [[ ",,V;.IS [hcll 5;LI~cL~CSICLt lh;.lt tile (10[tlllli[[cc rcat'lirn'~ th:it its 60% ~)I' tl~c and further .'¢u~c.,qcd that a third cent I',c uddo. t l't~r three ','c:~rs ~,.hich ill:ti special pm/cotS must bc /;.ikon into considcr;.ltio;1, such stud/cs and thc establishment of additional beach accesses. cautioned :mains/ rccommcndin,,= uses or' T[)C J~tnds other Committee's purview. 3/OTIO.V hy lloward /o REC(ZI/.IlE:VI) /tJ thc T~ttri.~'/ ('OIIIICi[ t/tH[ thc COIIIItV ('tmtmi.x~'iml t/tat thc 6f)'J;} till(/Pr TDC fitnd.s' be nlaintttiucd tnt/o/tilt' tint/ tlOt in all? 1P/ti' lt.Vcd Jk~r (lll. l' r;t/ler [~ttq~t~.s'e than that n'hic'h Zs' [~rexent? .v/~eC~et[ iu tile Ort/intutc'e t'uveritt.k, tile TDC ltl. V, which re/atc, v t~ lite tu't~ ('elll.¥ fi)//(l;['illg the .¥tlll3'cl (~ title ['ellt ill the )'etlr 2000. The CtJntlllitlee further rect)mmend, v that adt[et[ fi)r a threezrear ?er/rjr/, wi/ich ,'ill s/tn.vet at the end lC' three .rear.v, and thai thi.v Conultitlce n'rJlt[t[ fi~rt,ga it.v 60% r~ the prt¥~a.vet[ one c'ent fi~r theJ[r.vt fitl/.rear. 77tere~¢cr, the [Ietl{h ('onutl//t~'e n't~tt[r[ ill/el ill{//tr/,k,e/He/tt ?roject.v. Zhi.v IHtJfioll h'tl.¥ .s'ectllltJet[ fi/i/et[ 2-fi (EFelIIItllIzVU.¥, I)lltllle-lltJ, 6'/lllller. YUll-[/h.¥dtl[, ][erllt.¥-abSUll[, lhJwnrd:re.v. Kcudall-m~. Keunet~r-Cant?bell-n~. 3/acK~.n:ie-n., 310770.V by Kendall t, RI'FCO.II, I/I'Z:VD tt~ the I'DC tutti (_'Ollll)l)~'3'iOIl that tlff the t/me the nne cent t~ tax SIIIINCl.~' ill the Yt'ar this ~'tmtntiltee 'xou/o'""/ r~ lite continttin.k, tn't; ccnLv remain ill viral/tie alit/ tuff u.s'ed fi~r (ll(l' other prujcct.v, alit/ ti/tit lite (}~nuttittce fitrtlter ctmt[ntttttirm of thc third c'cnt ~r three rettr.v, with the div)v[un t~ thc th[rd '}'e~77i>-b~otiatb?L"'ThZv-'~ht;ilt);i TtZs: }2;c'r~)}t~,~O;r ,}lach'enzie aad c'ttrrietl 6-1 (l]rennon2yp.~', Dtutnp-)'c.~', Gl~llder.vt)n-ah.[pnt, l/emi.v-ab.vent, IlO, Kcnt/allzyex, Kennet?-()itn?huJ/zyu.v. ll[tlcKunz/ctre.v' it is noted f,r thc record thnt ('.mm/t/cc 31umber (;undcrs,n returned tit 111:51 Commit/cc Nlcmhcrs l'urthcr ctiscusscd thc proposed third cent and h,;k(' 'it--k-I~k;{~l}[--[;L at'lk'ct inlet-related waterways in addition to beaches, she proposed thc third cent be divided and turtle nesting. She also slip,coted that a small portion bc allocated lk~r thc promoti~m tourism related pn~jccts. In order t(~ maintain current allocation of fimds. Chairmzm su~ucstcd ztlloc;uing 73/o to Catcuorv A. ...... ) to Cate?fy Il. :md eliminating Cate,gory C' (special events). Commit/cc Nlcmbcr Kendall then proposed an 80-20 split, with thc includc special prqiccts such as Lake Traftbrd. MOTIO.,V by Kelltltlll to RECO313IEzVD the continuation t~ thc third ccitt fi)r three years, ;v/th C'(ltegoqY ,'1 repre.venting . ...,,, inc'lltdinA, beach renotirJ.¥hnteltl/llta[nlenttncu anti other envJroantellltlJ ?rt~j~'cl,v, xttch 4 Be:ich Renrm ri~ h m eu p',M';i in [cn;t ncu Lal~e Trafford, turtle nestin,.4, etc'.; and Category II rtT~rexenting 20%. This' ntotion was .¥cconded by ~/ac'Ken:/e and carried 7-I (Brennan~ve.v, l)tutne- yes, Gunderson~vex, llerm.v-ah.venl, llon'ttrd-no, A'endall~ve.¥, ('amphullzve.¥, 3lacKen:iezve.¥, Ii ?ek.v-ah.s'enl, Lydtm~ves). (C()NTINI;1.;I)) .................................................................................................................. 1'l'i':Sl 4 IN('I~I'Z3II'ZNTAI. BI'ZACI[ M.-XNA(;I'ZMI'ZNT C()N'I'iL.X('I' S'I'ATi'N Ilarry t lubcr. C'ollicr County C'apital Projects Nlanagcr. noted thut st:tl'l' rcc,m~mcndcd Option since it rcprcscmcd thc best wrtv t,) address sca turtle collcCi'llS. It xxas re,ted that tilt budget this work x,.ould bc finalized by Nit. }[ubcr by next Wednesday. in oretor t~ hc prcscnted~at thc subscqucntC'ountvCommission meeting. In furthcrdiscussion. Nlr. I lubcrstatcd that hc would Natural Resources Nlm~agcr Jori 5taigcr rcg:~rding these projects. 3[OTIO. V ~. Keudall Io RECOM,.IIE, VD OPT[O.¥ 3 itt view ~ the Comttt[ttect~' attd CoIIIIIV COttlllt[.L~'iOll'S conccrn.v re,&,ttrdin,[, .~'ctI tle3'/[ng, provJdJn,g, that /he ne~o/JalJon.v he/ween Bonita Grande .¥and CompatO' and l/arO' Huher, Co/l/er CottnO. Capita/ l'rt~ecl.v 3[ana.g, ur, prodtice a sali~faclory inonelrlCv ru.s'ttlt relative 1o the hlit(g, el. ]'hi¥ wa.s' xeconded hy MacKenzie and cdrried 7-1 (Brelutan~re.v, Dunne-no, Gultderson:ve.v, Herm.v-ah.ve/tt, lloward-)'ex, Kendal/~ve.v, Kennet(v- Camphellnvex, MacKenzie:yes', Hbekx-ah.s'ent, Lydon~vex). Wl(;(;INS PASS 3IECIlANICAL DREI)GIN(; .Consultants also noted that thc gcotcchnical survey fi)r rocks will begin November 16. Chairman l.vdon noted that thc idle speed signs wcrc being installed. SEA(;RASS Chairman l.vdon, notcd that the bud,,ct~ had bccn modified [o show separate linc items lbr thc sca grass removal project. ROCK RE3IOVAI, I'RO,IECT t larry t lttbcr. Collier County Capital Jh'o.jccts Nlanagcr. reported tt~at a prc-constructi(m conl~rcncc had been held October 20 with C'itv Nlanzmcr Richz~rd WoodrulT and City. cmph)vcc. 'Steve Copcl;md and that a notice to proceed would gc issued fi)llmvin,z_ rcccipl oI' documents from thc contract(m Access points lbr this project will bc at 7tn. l0th. and 14m Avenues One area will bc completed prior to moving to thc next. hc said. and thc contractor h:~s 0() calcnclar days to ct)nlpJctc thc project, resulting in projected completion in l:cbru:W. 10q0. BEACII ACCESS Michael Poff of Coastal Engineering Consultants reported that based on a preliminary report two years prior, accesses would bc examined in order to determine which ones to mand:~tc future usc. C~>mmittcc N'Icmbcr Kendall rcclUCStcd inl}~rmatitm on :t beach access which bccn h)catcd at thc lower cml o['Gordon I)rivc and v~tcatcd by thc City :H~proximatcly nine vc',u's adjacent street end. making thc access RISI'ORT ()N TURTLE NESTING ................................................................................. ITEM 5 Maura Kraus. Collier County Natural [xcscurccs' ~ Department. distributed documct~tation concerning sca turtle nesting, a copy of which is contained in thc file tbr this meeting in thc City Clerk's OflScc. Sca turtle nests had increased by 109 from thc previous year. with thc majority. located on natural beaches. NIs. Mr:ms also explained that thc high count of tmhatchcd eggs Ilo:tel, I~cfs.(,rishmcnl/,~l;~inlcn;~uct' (-'olnrniltct' ~;Ic'ciin~ - N.~cfnhcr '; 190,~; - : . ;. .. due to a storm with high th. leson Jul',' 12. :\n unusually high tide coupled with dcpredath_m by raccoons and t]re ants also had a dctrimenlal atTcct. [)r..%taigcr noted that the final statistical report would bc prepared in January 19~)0. l/iv ttotetl for llte record thttt Item.~' 6 tttttl 7 were reviewed [o.~elher. I)ISCtiS.% M:XI{(;() ISI,ANI) I':XI{T[CII':XTI()N (')N TilIS (;()513IITTI';i': .............. I'['F;SI 6 .............................................................................................................................................. IT [-;:Xl 7 i(~:COM~II':NI):X'I'I()N FOl( INI)IVII)[~:Xl' T() i:![,1, t(IL~I:XlNIN(; CO31 bl IT'F EE Chairman [.vclon noted that an application had been received From Collier ('ountv resident Kelly Samck. Collier County Capital Projects Nlanagcr l iarry' ttubcr explained that thc regulations could be moditScd by simply removing thc word "unincorporated" to allow participation from Nlarco Island residents. MOTIO,¥ ~1' Bre~Ha~t to RECO.ll.I/E.'¥D to the Cou~tt~' Com~ui.v.vio~t that the regulatio~.v be c'hau~ed iu order to allow ti/arco l.sh~ttd participatiou the ('o~ttmittee, ttttrl to dtfc'r lite applicatiott of Kel(F Satt~ek ttHtil lhi. s' i.v.vtte i.s' re.s'olved; sec'otttled ~V Howard atttl carried ~-2 (BreHuattzl'e.v, G///tder.vo/t~Fe.v, ller/~t.v-ah.veHt, lloward-)'e.y, h'e/tdt/ll-Ho, Catttp/~ell-)'e.v, ,tfacA'e/tzie~Fe.v, If Z'eA'.¥-ahs'ettt, L.vdousFe.v). Committee Member [)unnc noted that hc prct~rrcd that thc applicant bc approved ~ith~ut tt~c regulations being amended. RE['ORT ON :XRCIIIVIN(; I'ROCESS .......................................................................... l'I'l.:~l 8 Collier C'otmty Capital t'rojccts Nlanagcr I larry l luber retorted to thc letter und list of suggested recipients concerning gathering R~r thc purpose of archiving beach and inlet related documentation. (Copics of thcsc documcnts arc contained in tho file lbr this mccting in thc C'itv Clerk's Ol'tScc.) l)uring this discussion, various suggested modil]cations to thc letter ~vcrc which Nit. t lubcr noted. Natural [{C5OLIFCO5 Nlanagcr Jon Staigcr staled that hc would contact thc k~nivcrsitv oF Florida. Florida Coastal [~nginccring ,,Xrchivcs I)cpartmcnt. rcgarcling assistance setting up tho archives locally. Committee Nlmnbcr Kendallnlsosttggcstcd that more tlmn one area containing thc archives be made available, by using the public library. ......................................................................................................................................... ' ..... I'I'IL:~I 9 S'F:X'FUS OF PUI/CtlASI,i OF SILCONI) lJEACtl CI.I'i:XNIN(; aI.-XCttlNF~ T R..X CTO l/ l larry t tuber. C'ollicr C'ouilty Capital f)roSccts Nlanagcr. reported that thc bids had bccla received tbr thc beach cleaning machine and tractor. I"ollowing resolution of pcrst,nncl matters, hc said he expected that thc contract would be approved and equipment in opcr:tti(~n within 60 days. then oi'lL'rcd to schedule a special motrin,,= with tho Committee in ()rcicr to demonstrate tlic equipment. OPI-SN I'UIILIC INI'L;T (I 1:56 n.m.) .............................................................................. ITI'~51 Natural l(csourccs Nlanagcr Jon Ntaiger noted that a research paper presented by [)r. l(obcrt Dean at thc Florida Shore and t~cach Committee meeting tt~c prior xvcck incluctcd an atl:m of Florida beaches by County. representing data collected during thc last century, which hc said t~c would attempt to obtain tbr thc atbrcmentioned archives. Committee N. lembcr NlacKcnzic observed that tills data may be helpful in obtaining accelerated funcling assistance from thc State Beach i~enourishment/,Maintenance Committee ~leetin~ - Noveml~er 5. 199ff - 9:1)3 a.m. groin placcmt:nt, and l)r..";taigcr pointed out that tl~c information UlLISI first bc rcvic~.~.cd before a dccisitm is made regarding its rclcvat~c¢ to thc permitting prot.'css. AI).IOUi~N ........................................................................................................................ I'I'E51 I 1 I 1 :$6 ,*t.m. Richard Lydon. Chairman Jori C. Stai,,er Pit. I). Natural [)~csourccs Manager Prepared bv: Brenda Blair. Recording Specialist Minutes Approved: OPTION NO. I - PAYOUT SCHEDULE 1s'r YEAR (FY 1999). (a) Production: 50,000 c.y. ~ 54.80 = (b) Transport' 50,000 c.y. ~ 3.99 = (c) Placement: 50,000 c.y. ~ 1.85 = Attachment I Beach Renourishment Committee 11/5/98 Page I of 6 S240,000 199,500 92,500 S532,000 2"a YEAR (FY 2000)..- Renewal (a) Production: 50,000 c.y. (~ 54.80 (b) Transport: 50,000 c.y. c~ 3.99 (c) Placement: 50,000 c.y. (~ 1.85 = S240,000 = 199,500 = 92,500 S532,000 3"' YEAR (FY 2001),- Rebid (+10%) (a) Production: 200,000 c.y. .55.3o =si, (b) Transport: 50,000 c.y. (~ 4.40 = (c) Placement: 50,000 c.y. ~ 2.20 = 060,000 220,000 1t0,000 S1,390,000 4'}' YEAR (FY 2002). (a) Production: 100,000 c.y.~ S5.30 (b) Transport: 50,000 c.y.~ 4.40 (c) Placement: 50,000 c.y.~ 2.20 5530,000 220,000 ll0,000 S860,000 5'~' through 8'~' Year (a) Transport' (b) Placement: 50,000 c.y.~ S4.40 = 50,000 c.y.~ 2.20 : Total for 8 Years = S220,000 110,000 S330,000 x 4 =SI,320,000 , "4 S4 6.~ ,000 OPTION NO. 2 - PAYOUT SCHEDULE 1s'r Year (FY 1999), (a) Production: 200,000 (b) Transport: 50,000 (c) Placement: 50,000 c.y.~ s4.06 c.y.~ 3.99 c.y.~ 2.00 Attachment l Beach Renourishment Committee 11/5/98 Page 2 of 6 = S812,000 = 199,500 = 100,000 SI ,111,500 2'''~ Year (FY 20003. (a) Production: 200,000 (b) Transport: 50,000 (c) Placement: 50,000 c.y.~ $4.06 c.y.(~__., 3.99 c.y.~ 2.00 = $812,000 = 199,500 = 100,000 $1.111,500 3ra through 8'h Year (a) Transport: 50,000 (b) Placement: 50,000 c.y.O 53.99 = 199,500 c.y.@ 2.00 = I00,000 S299,500 x 6 =$1 Total for 8 years = 54,020.000, ,797,000 H EH.Ih.piyout schedule OPTION NO. 3 - PAYOUT SCttEDULE . Ist Year (FY 1999) (a) Production: (b) Transport: (c) Placement: 50,000 c.y. ~ S4.80 50,000 c.y. ~ S3.99 50,000 c.y. ~ S2.00 /( tt,.$chm~:nt I Beach Renourishment Committee = $240,000 = 199,000 = I00,000 S539,500 Year (FY 2000) (a) Production &- Stockpiling: (b) Transport' (c) Placement' 150,000 c.y. ~. 54.06 50,000 c.y.@ $3.99 50,000 c.y.~$2.00 = S609,000 = 199,500 = loo,ooo, S908,500 Year (FY 2001) (a) Production & Stockpiling' (b) Transport: (c) Placement' 200,000 c.y. ~ 54.06 50,000 c.y. ~, 53.99 50,000 c.y. 652.00 = S812,000 = 199,500 = 100 000 51,111,500 4'h through 8's Year (a) Transport: 50,000 c.y. ~ $3.99 (b) Placement' 50,000 c.y. ~ S2.00 = 199,500 = 100,000 S299,500 x 5 = S1,497,500 Total (8 >'ears) = $4,057.000 Attachment ] Beach Renourishmcnt Committee I I/5/98 Page 4 of 6 ,. Atlachment I Beach Rcnourishment Committee 11/5/98 Pa'de 5 of 6 o o "' -'= I:1 16 I Attachment 1 Beach Renourishment Committee I I/5/98 Pa~gc 6 oi'6 RECEIVED. ANY I'l{l(.'<,()N WIt(} I)l{£'ll)tiS 'l{):\l'l'l-b\l, A [)I.X.'ISI()N ()F '1'11I{ ('CPC ~3,'11.1. NF, I{I) ..\ I~,I{C()I(I) ()F TIlE PI(()CI.;Iil)IN(iX l'[';14.'l':\lNIN(; I'ltMil;'I'(L ,.\N'I)TIII{RI;F()I~,li ,MAY NI-;F,I) 'I () [-:X.$1;l~,l.: '1'I1:\'1' ..\ VI{RI?,A'I'I.M Ill;¢'()RI) (H-' Till-; l'l~,()£'lilil)lN(i.$ I.',; ,Xl,,\l)li. \VIII('tl I(I-X'()RI) IN('I.I'I)I!.$ Till{ I't.:gTI,~IONY ,,\NI)I{VII)I;N('Ii I:l'()X \vi IICI I 1'I It{ A I'l'lt.,\l. IS 'I'~ ) Iii( IL,\NI!I ). I(()1.I. (',,\1,I, l~'f .,\[)I)t(NI),,\ '1'() '1'I Il( ,-\( il(NIX.\ :\lqg(()V:\l. ()F XllNi 'TI'iR: Novcrnhcr 5. 190g aim N¢,.'cmhcr 12. 19t).',; I'I...\XNIN(i ('().Xl.XllX.'qI()N Al~,.'-;l(.'x'('lk'-;: I~C£' l(l!l'()l('l' Ct tAII(MAN'.~ I(ti['()RT i Co~,,,.;o Ill Il IIli[l[l[l[ Il Il I ! - Illllll ....... ! ;\. i'ctition No. I1i)-~)S-37. Miles 1.. Stol]eld. of Turrcll & Associates. rc?rcscnlin,._, i.,~ Sc,Jla Condominium ~XSSilCJaIJOI1 rcqucslm~ a 3 I~,i ¢XiCllsJon IO all CXiSdn~ dock in ,,rdcr lo crcalc ;i dockin~ facility protruding lolal ol'f)l {kc[ inio Ibc ~alcrx~ay fi,r propcrb' located ai 07OO Gullkhorc I)rivc North. further described as 17-1o. Block "if' . {c*i SW corner of I.,,i 17. C'on,mrs Vandcrbih Beach Esla~cs. in Section 29. ['c:ititm No. [~D-uS-.;,q. {Lax Peter%on. Jr.. t,t' (;afl,md ami (;arlaud. Inc.. rcprcscn~h~; Ro~ur Miller. into thc x~ale~av Ik~r propc,-U located at 223 Dt,lphin Cove ('Otli'l. further described as J.t{t (). l)olpi~in Cove. Petition No. IU)-OS-41. .Milcs 1.. Scofiekl of 'l'urrell & :\ss~ciatcs. rcprcscnting \t.'a~nc F. Wieluos. requesting a 13 Ibm boat dock extension Io allow tk~r the installation of a boatliI~ ,m an existin~ dock-for propcn> [ocaled iii t72 Pifgo I'ag,~ l)me West. t'u~hcr described as ].Ol 191. Isles of('apri, t :nit 2.-in Section I'ctilion No R-us.t,. ~}c~,r'.:'c ",'c~a of ".'c'_':h .<.ianlck. Zchn:m ,~ Ihmhm f'..\., rcprescnth~,.: {'rsula E. Ihompsorl. rcqL:O. IUl- ir re/role I'n,nl I~.Ml:-6 Lu C-2 l',,r pn,pcrt} h~c:,icd at 283i l~,ccca .,\~.~imc, further dc.scribed ah l.ms .i5 d~rou.,,h 50. I,Lcbecca Weeks .'qubdi,.ision. in Section II. [o~nship 50 $otld~. Ranzc 26 I~ilsl. cons~sling of 1[)2 acres. IC'oordinalor: Ra~ l]cilm~s/ (Colllintlod IYtllll lJlc mcelinu o1' Dcccmger 3. Pclition No. VMS-21. James, W. Viergt,tz. representing Wcdgmom. hie.. requcsmm a 25 fool ~ariance l~om the required 35 fi~ot l~Onl selback Ibr accessory ~lruclures Io Ill l~'cl fl~r propcn> located al g25 Palm view I)rive. l'alnl Ri~er [-.slates their .k hi Section 23. {t~nship 48 South. R:mue 25 I-:i5~. (Coordinator: C'hahranl J~ild~Hlllchidtl Pclition No. V-SS-22. Walt ('hc~lllel of K.L'. Construcli,,n of N;iplc5. hie.. rcprcscnling ..Xnchoraue ('t,ndominitnl~ tXssociatltm, requesting a IU Ibot ~;ll'{;lllCC frmn lite' required 15 l't~ol ~idc xard setback 1o 5 Ibcl Ibr propcn> loc:ced at 12945 Vanderbih Drive (C.R. g(}l }. in NcClitm 17. 'l'ox~ nship 4~ South. Range 25 East. ICoordJnator: C't~ahram J~adamlchianl I'etilion No. I'UI)-gS-12. Kc',irt McVickcr of l'hoenlx l%nnin,.z ,~ Enuineerinm Inc.. rcprescmin= Ann Dee I)c~clopment. requesllng ;i re/one I?om "A" Rural A~ricuhurc m "I'[~D" PJ;u~ncd t rnit [)cvulop~wnt Io be knm~n as Fountain Park PI.'[) fi,r lighl commercial uses. located al the ~cst side of Airport-Pullin~ Road (C.R. 31)itlld approximately 550 tbc~ s~tilJl i)l' Vandcrbi{~ l~cach /{t~iit{ (('.[{. g(~21, ill Sccti~H~ 2.-l'~t n~i~ip 49 tl. '['ctition No. I't/D-t;8-17. [?,lair ,.\. l.'ole.v.P.E., of Coastal Engineering Gonsuhants. Inc.. rcpreseminu James (}orman. requesting a rezone from "A" rural Agricuhure m "I'UD" Planned their I)cvclopmcnt to b~known as Whiuenberg EsmJes PUD lbr a maximum of I14 single 15m~iI~ and nmhi-l~unilv d~vcllinu units property located on fl~e north side o~' Davis Boulevnrd (S.R. S4). eas~ of Wl~iucn ~)ri~e. in-SccJion 6. Tm~nship SO South. Range 26 East. Collier County. Florida. (Coordinator: Susan Murray) Petition No. Ct.:-0S-21. Bruce J. Siciliano. AICP. of A,=,noli. Barber & Brundage. inc.. r~'prcsenting North Naples Baptist church, requesting Conditional Use "1" of Ibc "E" estates zoninu dislrict for a church expansion tk)r property located on the ~esl side of Oakes Boulevard bemcen Van~erbiit Beach Road and hnmokalee Road. further described as Tract 7. Golden (ia~u Estates tJni~ O7. in Section 29. Tox~nship 4g Somh. Range 26 Eask consisting of 5.32L aqres. (Coordinalor: Susan Murray} I'cmicn ,k'¢. I'[)1.~..~. \Villi;i. 1.. lh~o~'cr. ,,\ICP..f Il.mcr i'hmnh~, rcprcscming Fmifl~ S~kc~ Bluom. IL:,ndcrs I loo~cr, rcqtJcst,m ;m in,ul~[;mdal ch;rage dctcrmin;,ion to Tt~c Zurich I.akc Vill:~s Pt:D tw addin~ a ';ccond ;1666~% point inh) Ibc propcrt) lOC;lied ~, Inilcs sotlth ol' ]retook;dec Road (C.R. ~46). ;~d.i;~ccnt and 26 [i;~L {Ct~ordin;l~or: R;lv Bcllo~s] (Co[llilltlcd Indctini~c~ I(). ['t:t:I,IC ('().M.~II':X I' l'l't':.~l I 1. I)IS(_'U.',;.',;ION ()1.' :\DI)I:NI)..\ 12. .......... [[[] [ [][]][ [ I Il ....... III Ill I ...... I ............ ] November 5, 1998 TP-~-NSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING CO~R,~ISSiON Naples, Florida, November 5, 1998 LET iT BE REMEMBERED, that the Collier County Planning Co,runission in and for the County of Collier having conducted business herein, met on this dane at 8:30 a.m. in REGULAR SESSION in Building "F" of the Goverm~enn Complex, East Naples, Florida, with the following men,bets present: C~IRpERsoN: Michael Bruett Mike Davis Russell A. Budd Edward J. Oates, Jr. Karen Urbanik Gary Wrage Terri Tragessor Russell Priddy Michael Pedone ALSO PRESENT: Heidi Ashton, Assistant County Attorney Ron Nino, Fred Reischl, Chahram Badamtchian, Ross Gochenaur, and Susan Murray, Collier County Planning Services Page 1 AGENDA COLLIER COUNTY PLA~rNG COMMISSION WILL MEET AT 8:30 NOVEMBER 5. 1998 IN THE BOARD OF COUNTY COMMISSIONERS ADMINISTRATION BUILDING. COUNTY GOVERNMENT CENTER. 3301 EAST. EAST NAPLES. FLORIDA: A.M., THURSD, MEETING RO( TAMIAMI TR. NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED I0 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 3 WEEKS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE. WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. r ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND TI-{EREFORE 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. 2. 3. 4. ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINUTES: October I, 1998 PLANNING COMMISSION ABSENCES: BCC REPORT CHAIRMAN'S REPORT ADVERTISED PUBLIC HEARINGS: Bo Fo Petition No. TU-9$-SE. Mike Landy of Butler Fngineering. inc.. representing Waterways Joint Vent requesting a 3 ?'ear extension of the temporary, use permit for Model Homes located at 3.323. 3327, 333 l .;335 Mystic River Drive. further described as Lot 2 through 5. Watenvays of Naples. Unit One. in Sec 14. Township 48 South. Range 25 East. (.Coordinator: Chahram Badamtchianl Petition No. SV-98-3. N. Paul San Filippo. Esquire. of Seidensticker and San Filippo. representing Limited Partnership. requesting a 5 foot variance from the required 15 foot setback established for 10 feet to be located at 87'7 - 111~' Avenue North. in Section 21. Township ,lg South. Range 25 (Coordinator: Chahram Badamtchianl Petition No. PSP-98-14. Emilio J. Robau. P.E.. of RWA. Inc.. representing William t. Higgs, reques Preliminary. Subdivision Plat approval for White Lake Corporate Park. located at the Northeast quadrant 75 and C.R. 951. in Section 35. Township 49 South. Range 26 East. consisting of 144_+ acres. (Coordin: Ron Nino) (Continued from September 17, 1998) Petition No. V-98-19. /ay Malamphy, representing Gulf Coast Development Group, L.C.. reque: approval to increase the maximum permirted floor area ratio of .45 to .60 to construct a building wi maximum of 204.933 square feet for an Independent Care Living facility.. Assisted Care Living FaciliD' nursing facilities for property, located to thc south of Vanderbilt Beach Road Extension, north of Ar Boulevard. and ~est of Vineyards Boulevard. further described as Tract S-I. Vineyards Unit 3. in Secti( Township ,49 South. Range 26 East. (Coordinator: Susan Murray) (Continued from October 15. 1998) Petition No. BD-98-3 I. Ben Nelson. Jr., of Nelson Marine Construction. Inc.. representing Paul Curcio. requesting a 15 foot boat dock extension to allow for a .]5 foot boat dock and boat lift for property, locate 241 Bayfront Drive. further described as Lot I l, Bayfront Gardens. in Section 6. Township 48 South. Range 25 East. (Coordinator: Fred Reischl) Petition No. BD-98-32. Miles L. Scofield. representing James M. Boswell. II. requesting a 33 foot dock extension to allow for a 5:3 foot boat dock and boat lift for property, located at 270 Third Street, fu described as a portion of Lot 16. Block F and Lot Il. block H, Little Hickory Shores. Rcplat of Unit Section 5. Township 48 South. Range 25 East. (Coordinator: Ross Gochenaur) Petition No. BD-98-34, Miles L. Scofield. representing Paul Boyce. requesting a 25 foot boat extemion to allow for a 45 foot boat dock and boat lift for property, located at 272 Third Street. fu dca:ri'bed as a portion of Lot 16. Block F. Replat of Unit No. 3. Little Hickoo' Shores (Lot A), in Secti. Towmhip ,Ill South. Range 25 East. (Coordinator: Ross Gochenaur} Petition No. V-98-16, William L. Hoover. AICP. of Hoover Planning, representing Theodore J. Nylest requesting a Variance of 9 feet from the required 25 foot rear yard setback to 16 feet for property locat 442 Rosemeade lane. further described as Lot 17, Rosemeade at.Wyndemere, in Section 19, Townshi South. Range 26 East. (Coordinator: Fred Reischl) Petition No. PUD-98-13. R. Bruce Anderson of Young, vanAssenderp & Varnadoe. P.A., reprcse: Collier Development Corporation. requesting a rezone from "A" rural Agriculture to "PUD" and "PUl "PUD" Planned Unit Development to be known as Collier Tract 21. formerly Beachway PUD, for a course and accessory, and incidental facilities including a clubhouse. 50,000 square feet of C-3 comm~ uses and/or a hotel on property located between U.S. 41 on the east and Vanderbilt Drive on the West, north of 1 I !'" A'vtnue and south of the Cocohatchee River. in Section 21. Township 48 South, Rant. East, Collier County., Florida. consisting of 267.44+_ acres. (Coordinator: Ron Nino) Petition No. CU-98-19. Arnaldo Hemandez of Arkitex 2. representing the Florida State Departrne Juvenile Justice. requesting Conditional Usc "3" of the "P" zoning district for a juvenile detention cent( properly located at thc Collier County. Government Center at the intersection of Airport-Pulling U.S. 41. in Section 12. Township 50 South. Range 25 East. Collier County. Florida. consisting of 2.5_+. (Coordinator: Susan Murray) 2 9. I0. II. 12. OLD BUSINESS NEW BUSINESS PUBLIC COMMENT ITEM DISCUSSION OF ADDENDA ADJOURaN I 1/5;98 CCPC ;XGEND~Vmd November 5, i998 CPLAI~A/4 BRUETT: J_nd with that i'm going to call the November 5th Collier County Planning Commissioners to order. And at this time I will take roll call. Com~issioner Priddy. COmmISSIONER PRIDDY: Here. CHAIRMAN BRUETT: Ms. Urbanik. CO~ISSIONER URBANIK: Here. C~AIRMAN BRUETT: Mr. Davis. CO~ISSIONER DAVIS: Here. CHAi~4AN BRUETT: Mr. Budd. CO:~ISSIONER BUDD: Here. CHAI~XN BRUETT: Mr. Bruett. Mr. Oates. COmmISSIONER OATES: Here. CHAI~u~N BRUETT: Mr. Pedone. CO~MISSIONER PEDONE: Here. C~IRMAN BRUETT: Mr. ?;rage. CO~,~ISSIONER ~RAGE: Here. C5~IR~3d7 BRUETT: Amd Ms. Tragessor. CO~,~[ISSIONER TP~GESSOR: Here. C~I~4AN BRUETT: Is there any addenda to the agenda? And yes, in that Item D, Petition V-98-19 is placed on a continuance at the request of the petitioner. CO~E4ISSIONER OATES: Mr. Chairman, i would move we con5inue item V-98-19 to when? CHAI~ BRUETT: We -- CO~4ISSiONER OATES: Susan, when? MS. ~CJRP~Y: Indefinitely. Indefiniuely. Second. There is a motion to approve and a second. CHAI~N BRUETT: COmmISSIOneR BUDD: CHAI~XN BRUETT: All in favor? (Aye.) CHA!~ BRUETT: (~;o response.) CPLA. I~4Af~ BRUETT: i beg your pardon. Opposed? Motion carries. The nomination -- excuse me, the -- was made by Mr. Oates, seconded by Mr. Budd. MR. NiNO: I have a request for a continuance of item E as well. ~N~IP2~ BRUETT: You have? MR. NINO: Yes. CHAIrmAN BRUETT: Also item E. MR. NINO: Item E, Yes. CHAI~4AN BRUETT: I need a motion. COM/~ISSIONER DAVIS: Motion to continue indefinitely. COI~4ISSIONER PRIDDY: Second. CHAI~3d>; BRUETT: Mosion has been made by Mr. Davis, ~r. Priddy. All in favor? (Aye.) CHAI~4AN BRUETT: Opposed? seconded by Page 2 November 5, 1998 (No response.) CHAIrmAN BRUETT: Motion carries. bR. NINO: Also relative to the agenda, under new business, Gavin Jones from the MPO will be here later on to discuss bicycle findings -- pathway findings. Shouldn't be long. Fifteen or twenty minutes. CHAI~,L~N BRUETT: Thank you. Any Planning Commission absences? Excuse me, approval of the minutes of October 1st, 1998. COt~4ISSIONER TP3.GESSOR: Discussion on the minutes prior to -- there -- on page si:<, the minutes reflect that i was opposed to '798-8. That's incorrect. CHAIPJ4AN BRUETT: Revision can be made, Ron? MR. NINO: Yes. COMMISSIONER PRIDDY: With that correction, I would move tkat we approve the minutes. COI~MISSIONER OATES: Second. C0~ISSIONER DAVIS: Mr. Chairrm, an, why don't you repea~ '..;he made ~he motion and who made ~he second? C~I~4AN BRUETT: Yeah, ! have been. The motion is made by Commissioner Priddy, seconded by -- CO~ISSIONER OATES: C~I~XN BRUETT: -- Mr. Oates. All in favor? (Aye.) CHAIRMAN BRUETT: Opposed? (No response.) CHAIrmAN BRUETT: Motion carries. Any Planning Commission absences? COMMISSIONER OATES: Mr. Chairman, I will be absent the third of December. CHAI~N BRUETT: Is there any others? The BCC report. I have none. Ron? MR. NINO: I don't have a report. C~I~XN SRUETT: Chairman's report, I have none. I guess we can move into the public hearings, i would just remind the audience that the statutes require -- excuse me, the individual speakers will be limited to five minutes. Those speakers wishing to speak on behalf of groups or organizations will be allowed ten minutes. And once again, if you have not regis~e~ed~ ~ with staff to speak to various issues, we would certainly appreciate that that be done now. Moving on to agenda item A, TU-98-8E, Chahram. MR. BADAMTCHI~: Good morning, Commissioners. Chahram Badamtchian for Planning Services. Mike Landy representing Waterways of Naples is requesting a three-year extension of the model home center located within the Waterways of Naples. Waterways of Naples is a large subdivision under construction and they have four homes at the entrance to the development. They want to Page 3 Novenioer 5, 1998 keep these model homes for another three years. Staff recommends approval of this request. CN_AIP/%'~N BRUETT: And there have been no complainus? MR. BADA24TCHIA~: No complaints. C~LAIR/4A=N BRUETT: This being a public hearing, all those wishinc to speak to this issue need to stand, raise your right hand and repeat after the court reporter. (Witnesses were sworn.) C?DXIR/~=N ~RUETT: Thank you. Any questions of staff? Does the petitioner care to address the board? Therefore, the public hearing is closed. COM/4ISSIONER OATES: There's another guy back there behind him to the - - CHAi?2.ZAN BRUETT: Does the public care to speak to this issue? If not, the public hearing is closed. CO['~-~ISSIONER OATES: Mr. Chairman, I move we approve Petition TU-98-8E. COM/4ISSiONE?, PEDONE: Second. C?~AiR/~AN BRUETT: There is a monion to approve made by Mr. Oaues, seconded by Mr. Pedone. Any fur''~ ~ =.,e_ discussion? All in ~ ..... ~ (Aye.) CHA I Pd~A2~ BRUETT: Opposed? (No response. ) CF, AIR/,~N BRUETT: Motion carries. Moving on ~o Petition SV-98-3. Again, this being a public hearing, all those wishing ~o speak to this issue need to stand, raise your right hand and repeat after the court reporter. (Witnesses were sworn.) CO~MISSiONER DAVIS: Mr. Chairman. CHAIR/4A2~ RRUETT: Yes. COI~ISSIONER DAVIS: Given the issue of this variance, i will be recusing myself. CHAIR!.~3~N BRUETT: Thank you. Chahra~m. MR. BADA2~TCHI~lq: Chahram Badamtchian from Planning Services staff. Mr. Paul San Filippo, representing the properties is requesting a five-foot variance from the required fifteen foot setback for signs to ten feet for a property located on !llth Avenue North. This is a medical complex under construction, and the utilities department has ]z=stalled a large backflow preventer right where the sign was supposed t~ g.o. And they are proposing to build a ten-foot high sign which will be hidden behind the backfiow preventer. Therefore, they are requesting this variance to build the sign in front of the backf!ow preventer. S~aff recommends approval of this variance subject to staff's Page 4 November 5, 1998 stipulation that the sign height cannot be more than ten feet and the square footage of the sign cannot be more than fifty square feet. They are proposing a twenty-four square foot sign. CHAIRMA2; BRUETT: Any further questions of staff? CO~4ISSIONER DAVIS: Chahram, this -- this variance didn't qualify under the code for the five foot relief a~minismratively? MR. BAD~TCHI~: No, it did not. They do not have thirty -- landscape to grass the area between the sign and the edge of the right-of-way. CO~4ISSIONER DAVIS: Even though they're going to do the public a great service and cover up one of those terribly ugly backflow preventers. ~R. BAD~4TCHI~: Actually, they are not covering it up. It's going to be on the side. CO[~4ISSiONER OATES: Maybe they could paint it purple. I saw some on Vanderbilt Beach Road that are painted purple. I mean, those are really lovely. ~q. BAD~,ITCHIAN: Those are reclaimed water. COM/4ISSIONER OATES: I don't care, they're still purple. CF~I~J~N BRUETT: Any further questions of staff? Petitioner? MR. SAN FILIPPO: I'm just going to speak briefly. Paul San Filippo on behalf of the petitioner. I'm sorry, Paul San Filippo on behalf of the petitioner. The petitioner has asked for this variance to eliminate the need to use a large pole-type sign. And the petitioner has also reduced the square footage of the sign in order to keep with the -- with the -- and there's a proposed sign up on the screen now -- in order to keep with the -- with the character of the medical complex. And we have also asked for this variance in order to place the sign in an area where it will be most visible so that people coming to use the facility will not pass by the building, have to turn around and go back through the light and then come back around again and it will result in a -- in a better traffic flow in that area and reduce potential accidents at that intersection. CHAI~4AN BRUETT: Any speakers to this issue, Ron? MR. NINO: No, there aren't. CHAI~JuN BRUETT: Anyone care to address the board? If not, the public hearing is closed. COMMISSIONER PRIDDY: Mr. Chairman, I move that we approve SV-98-3. COMMISSIONER URBANIK: Second. COMMISSIONER OATES: Excuse me, don't we send it to the -- CONfMISSIONER PRIDDY: Recommend -- recommend for approval. CHAIR/4AN BRUETT: There is a recommendation for approval by Mr. Priddy, seconded by Ms. Urbanik. Ail in favor? (Aye.) CHAIRMAN BRUETT: Opposed? (No response.) Page 5 ~ovember 5, !998 CHAI~N BRUETT: Motion carries. MR. NINO: Mr. Chairman, regarding the next item, the petitioner and others associated would like you to take thau matter up at the very end of your agenda. They need to discuss some matters between the two of them. CHAI~fJ~N BRUETT: Okay. COMMISSIONER OATES: Mr. Chairman, I move we move Item C, Petition PSP-98-i4 to the end of our agenda. CO~4ISSiONER PRIDDY: Second. CHAI~,DXN BRUETT: There is a mo~ion by ,.[~. Oates, seconded Dy Mr Priddy. Ail in favor? (Aye.) CHAIR~2~ BRUETT: Opposed? (No response.) CHAI~43tN BRUETT: Motion carries. Petition D has been moved do%.,~ ~o Petition F, 5D-98-32. MR. GOCHENAUR: Good morning, Com,~issioners. For the record Ros~ Gochenaur, Planning Services. MR. NiNO: Do you need ~o swear him in? CF~I~4AN BRUETT: Excuse me, yes. This being a public hearing, all those wishing to speak to this issue need to stand, raise your right hand and repeat after.the court reporter. MR. NINO: There are a number of people on this Petition F and G Will you all stand? (Witnesses were sworn.) MR. GOCHENAUR: This petition is BD-98-32. The petitioner is requesting a thirty-three foot extension to allow for a fifty-three foot boat docking facility acco.Tu~odating a twenty-one foot vessel. The property is located at 270 Third Street West in Bonita Springs and contains about seventy-one feet of water frontage. The waterway is about fOur hundred feet wide au the proposed site. The extension is needed due to the shallow wat_~o~ at the proposed site and to facilitate access to the vessel by the handicapped o~mer. We have received three objections to this petiuion, and i am going to go into this in a li[nle bit of detail. This particular petition and the next petition, also a boa5 dock extension, are on adjacent lots and the objections that we have received refer to bo~h of these petitions. So what I am saying at this stage will also apply to the next petition, that would be BD-98-34. I have drawn on the map here the location of the facility here in question and also indicated the three lots owned by those objecting to the petition. In blue you will find the boat dock extensions that have been approved in the immediate area of the project. I believe you have all received a letter from Mr. Materiaie which outlines his objections, so I won't go into that in any great detail. I have received a letter signed by two property owners that object in general terms to boat dock extensions and extensions in this particular area that makes reference to the fact that they encourage large boats, that they will endanger wildlife, that it's difficult to Page 6 Nove.~foer 5, 1998 enforce speed in no-wake zones and also the fact that tb~ey are objectionable in terms of aesthetics. Most of these objections do not refer directly to any of our cr'iteria for evaluating boat dock petitions, and I would like to state for the record that this objection and also Mr' Hateriale's refers to a var'ia~ce~,.a~ as you~.aw~re, a b'oa~.dock petition is not a. variance. The ~odg..r~ognimes. that uhder'£ertain circumstances 'la~g~'r, longer boat dock~ are ~ appropriate,' and we evaluate' thes'e~ according to the criteria in the code. I have done so in this case and I found that these objections notwithstanding, staff does recommend approval of this petition. Are there any questions? CHAIR/WJLN BRUETT: Is there any questions of staff? If not, would the petitioner care to address the board? MR. SCOFIELD: Good morning. My name is Hiles Scofield representing James Boswell, the petitioner. This morning we have got -- we're asking for a boat dock extension in this area. ~md naturally, we ask for %hose reqluests basically because the water is shallow and we need the distance out ~o moor the boat and to also put it on a lift. i am just going to show you on the aerial right here where the lots are located. This -- this is the area -- this is Little Hickory Shores here (indicating). Over here is Lely Barefoot Beach. This area, this is Third Street coming out here. On this aerial, both these boat docks are right next to each other. They're at this location (indicating) right here and here. You can see the expanse of the waterway. It's four hundred feet over to this property right here, which I believe is one of the people objecting to this petition. There is a boat dock extension, the one -- well, Ross had it up there. This lot here is in blue. This is an extension that was received. It's about forty-five feet, and you can see much narrow waterway, about two hundred feet, maybe a little over, in here. There are other extensions. There's one over here out fifty-five feet. There's one over here that's out forty. There's several in the area. This -- this dock that we're putting in now for Hr. Boswell is a very shallow area. And I'm going to give you a photograph and show you the biggest reason we have to go out this distance. And there's Mangroves all along the shoreline. It's extremely shallow, the water depths that are in the picture, shown out there. The concerns -- I read the concerns that are coming in and it's basically what Ross told you about that this -- it doesn't really have any relevance to this thing. And as far the docks, Mr. Boswell is getting a twenty-foot pontoon boat. Mr. Boswell's handicapped and we have got a U-shaped dock so he can access the pontoon boat on both sides. So I know there was concerns about the size of boats. I don't know what that has to do with it. It's a twenty-foot deck boat going But there's -- Mr. Boswell also owns the let next to him on the corner. And you can see from that photograph, there's an old dock on that photograph. He also owns that lot. The old dock is coming out' Page 7 NovemJoer 5, 1998 There's plenty of room. i~ can impede navigation for anybody else around. So if you have any other questions, I'd be happy to answer them. CHA. I~4AN BRUETT: Russ. CO~.[ISSIONER PRIDDY: Mr. Scofield, I don't remember whether you were involved in this, but it hasn't been that long ago that we had some other boat docks in the area on some of these smaller lots along there. Were you involved in that? MR. SCOFIELD: No, I have not, but I'm -- I'm aware of some of the stuff going on there. CO~ISSiONER PRIDDY: Okay. I was just wondering if those had, in fact, been put in place and what effect. MR. SCOFIELD: Ail along the street here -- you're referring to these lots here. CO~'E~ISSIONER PRIDDY: Yes. MR. SCOFIELD: Which are designated boat dock lots, right. Mr. Boswell, the petitioner, o%.~s a boat dock lot right nexn to his -- his lot which is -- we're geuting the petition for. So he has plenty of room there. And up in this corner, it's -- the land has accreted in, it's very shallow. Another thing in this area, we have another extension coming right out of this nex5 door neighbor, also. This area has been designated OFW by the Florida DEP, which is Outstanding Florida Waters. it's one step away from an aquatic preserve. So the rules and regulations have tremendously -- you know, they have been enforced more. There are more restrictions as far as getting boat docks in this area. We have to apply to the state and Corps of Engineers for these permits. I have state, DEP permits and the corps permit. There is no -- there was no impact according to the state or the corps on navigation or to manatees or any other thing in here. The state will not let us dredge in these areas and especially in a water body this expansive. They encourage you ~o go out to get into deeper water. So those permits are all in place. CHAI~N ~RUETT: Thank you. Any further questions of the petitioner? Anyone in the public care to speak ~o this issue? MR. NINO: Gerald Materia!e. VOICE FROM THE AUDIENCE: Barbara wants to go first. MR. NINO: Who do you want to go first? VOICE FROM THE AUDIENCE: Barbara. MR. NINO: Barbara? VOICE FROM THE AUDIENCE: Materiale. MR. NINO: Barbara Materiaie. CHAI~43tN BRUETT: If the other speakers that Ron reads off could perhaps stand behind the lady there and it will make it -- MR. NINO: Art Wheeler. CHAI~Z3%N BRUETT: -- a little bit quicker. MS. MATERIALE: My name is Barbara Materiale. I live at 267 Sixth Street in Bonita Shores. I am here to read a letter from a resident who could not be here today because she had to work. mhey're in the come~ here and ~' ~ ' Page 8 November 5, 1998 It's to the Collier County Planning Commission regardinc -- now there's two letters -- regarding BD-98-32 and BD-98-34 and they are identical except for those nu~ers. So this letter will cover both of them. In reference to the above captioned agenda item, we wish to be on record as being opposed to the cranting of the requested boat dock extension. - Although the county doesn't regard these extensions as a variance, to us that is exactly what they are. Collier County has established standards for construction of boat docks including protrusion into the waterway. Exceptions to these standards should only be granted in cases of true hardship or if there is no other reasonable option or design possibility. In our opinion, to accommodate a bigger boat or to stick a bigger claim on the waterway with a bigger dock are usually the real reasons for these applications. Tke waterways involved are public waterways that are desicnated Outstanding Florida ,. ~ ,;ate_s as well as being part of a functioning, productive estuarine system thau is being ever more stressed by increased development. If any[hing, the standards should be stricter, not more lenient, least we give up losing the natural resources that make this area wor[h living in for all of us, not just ate~f~on~ property owners. We have resided in Little Hickory Shores for twenty-nine years, have a boat dock facility and a boat. We have no objection to Mr. Boswell building a dock that complies with the established code and believe that it is possible to do so. The majority of the docks in this subdivision were built without a variance and are serving owners just fine. - And it's signed Frank J. Haggio (phonetic) and Emily Maggio 250 Second Street West, Bonita Springs. Thank you. CF~I~4A2~ BRUETT: Thank you. MR. 9~EELER: Good morning. CF~IR~iAN BRUETT: Good morning. MR. ~EELER: My name is Art Wheeler. i live at 190 Fifth Street in Bonita Shores. I am a ten-year resident of Collier County. I am on the board -- a board member for the Bonita Shores Club and I am also a member of the Bonita Shores Boating Association. And I don't have a prepared text for this morning and to speak from a written -- anything. I just would like to say that on behalf of members of the board and me.mi~ers of the Shores Club and members of the boating association, we oppose these variances and we just -- the size is our main concern. There's one other boat that uses that area -- is about a thirty-five or a thirty-foot cigarette boat and they use the dock now and they're in and out of that area. So to say that they're going to put a smaller boat-in and need a larger dock doesn't necessarily wash as far as we're concerned. Thank you for your time. CHAIR_MAN BRUETT: Thank you. Page 9 Nove_~ber~, ,~aan ~.~. i~RTERiALE: Good - ~-:~ _ ' ..,o ...... g. Sorer, I had to leave the room. Good morning. CF~.i~-~ ERUETT: Good morning. :~.. I.~TERiALE: My n~me is Gerard Materiale. i reside an 267 Sixth Street, Little Hickory Shores, Bonita Springs. i live across from the petitioners and i strongly object to this based on a lot of criterias, but I'm going do stick to one issue and one issue only. The word is precedent. And i may bounce around, so forgive me because I'm not schooled in this. But one thing that the gentleman said about the DEP, noi~!~bjections. I spoke with the DEP. You have ~ ' c~_terias that are set by law and they don t come dom~ and look at the area. The planning board may or may not go down and look at the area. The DEP grants an approval based on the criteria. Well, I could have broughn a lot of pictures and go to a lou of areas, but I'm not going to. i'm just going to stick to wha~ i want to say. There's an existing dock there as the petitioners have said and '.~ Boswell o~s a thi~-,-six foo~ · could be wronc e~ther way, like a Scarab. We have documented pictures of him parking all the time right up to the existinc old dock which is there now. They also said in the petinion that there's four hundred feen of open water. ~nd his clien~ said well, how come i got a letter within three hundred feem. I was trying to understand than. If there's four hundred feen of open water, uhen why did I geu a letter from the county saying that I'm within three hundred feet and by law i have to be notified. The precedent I feel is if they -- if you grant this, if you do grant this, it's going to open the door for other people, if I put a -- if I come here under the same conditions -- I live across and I say well, I want a fifty-three-foot dock or a fifty-foot dock, you're going to close in the waterway, the open water. i spent a lot of time and -- a lot of time making tha~ a no-wake zone with the help of people, over three years working with the state and the board of county -- Collier County Com~missioners, and we gom a no-wake zone. Now it's hard to enforce, bun we're working on i~. You can become a spotter for the marine police and ~ ~ in ,u~n people. I can go in many areas about whau kind of decimation is going to happen, what's going to go on, bus again, my main concern and i won't dally from it is the precedent you're going to set here. They said that there are several docks in the area that meet the criteria. Well, what they didn't say, that the ten docks going west from his property towards West Avenue were built many, many years ago and before there were even variances or setbacks-- maybe_ there "~.,e_~_ setbacks then. I went and measured the docks personally. Starting from his property next to him, I measured eve~f dock. They claim that the average docks in the area are thirty-eight feet to fifty fees. %'fell, ten docks west of properties, twenty-five feet, thirty-two feet, thirty-five feet, thirty-five feet, thirty-two feet, thirty-eight feet, twenty-five feet, thirty feet, twenty-five feet. One dock, which it had to be built forty ,fears ago, was fifty foot and that's Pa~e ~ 0 Nove.~doer 5, 1998 the farthest west. Now, the problem we had is that I received notice from the county on the 19th or the 20th of October. ?;ell, this is two weeks later. It's very difficult for a homeop,~er who o,~ns a business to get involved in something that you object to and to put a plan of action in order. But t~ying to reach out for help and support and make people aware what's happening, I contacted the Conservancy, Dave Guggenheim, Rookery Bay, the Audubon Country Club, the owner, Audubon Society, the DEP, who sent me the whole file, that was Craig O'Donnell who is a supervisor, and the Collier County Co~missioners. I didn't have time and that's why there's not a lot of people here objecting to this, but in reality they are here. I am representing the Bonita Shores Boating Association, the improvement Association, and on one petition i have fifty-eight people, that we put a petition together, that signed this petition and fifty-nine on the other. A lot of people aren't here. They're coming down. If we had the time, you would have three hundred petitions. That's how strongly all the residents feel about this and everyone has their individual concerns. But again my feeling totally is the precedent and if there was a problem with shallow water, well, for ten years -- the last few years with this big beautiful boat, right up to the existing dock, not a problem. In and out. He was here this weekend. Almost every weekend. So I ask you to really consider -- let me backstep a minute. I don't have a problem if someone within reason needs an extension to an area where it's not going to compound on the whole area. If he had applied for a ten per -- a ten or fifteen foot, well, that's -- that's livable. You may have the circumstances, but the one main thing that I wanted to say to add to this, by law it's a twenty-foot dock. With a thirty-three foot extension it becomes a fifty-three foot dock. That's a hundred and sixty-five percentage change. That's a hundred and sixty-five percent beyond the norm. The forty-five foot dock is a hundred and twenty-five percent increase. And I was corrected on using the word variance. It was called extension. I said well, okay, where I came from, unfortunately or fortunately, everything was a variance. So I said we!l, let me get the intercollegiate Webster dictionary, which is the bible of most colleges and corporations, and I said well, let me find out what variance means. And to sum up the definition of variance, it's one word, different. And I think that applies to this. it's different than the norm. Again, I would appreciate your time, and like I said, i would like to enter these petitions. I don't know how I do it. CHAI~JtN BRUETT: You can just submit them to the board. MR. MATERIALE: Okay. There was a meeting last night and with the storm unfortunately we didn't have more people there, but had we had the time, I assure you there would be a lot more people that are that vocal on this. We have dolphins there every day and I can go on and on but -- we have manatees in the area. I don't oppose any kind Page ! 1 Novemloer 5, 1998 of boat the man wants to own, that's his right, but when ,~''s going to do something to impede on the rest of us and start a precedent, i think it's something you really have to consider. CH~I~-AN BRUETT: Thank you. .MR. MATERIALE: Thank you very much. I appreciate it. MR. NINO: I have another speaker, Matthew and ~aria D'~r~brosio. MS. D'~.[BKOSIO: Hi. i'm Marie D'Ambrosio. I live at 282 Third Street ?;est, Bonita Springs. ~ have been living there over twenty-five years. I have seen a big change in the area. And first of all, I represent my street, oecau=e a lot o; them couldn't come out today because of the weather. A lot of them are not here because they're still up north. And some of them do work. And i came here today on behalf of them. And we don't deny the people a dock. They're putting their boats in vertical where when you have the bow of the boat towards your house, towards the dock, towards the seawall, you don't draft any water at all. I -- i do believe that -- like Mr. Boswell has the mangroves there. He keeps them in very good shape. And we do believe that ten feet over the sea -- over the sea -- mangroves and then the twenty feet for their dock would be more than enough there. A fifty-three foot dock is way out of hand and even that goes with the Boyces. They do have water on one side. They don't have water on the other side. And the way that they have their diagram of their boat going in, the bow of the boat does not take any -- any water. So we feel that they don't need such a big extension. I have a few pictures here and it shows even across on the other side of the bay a boat that is about a twenty-five foot boat that he has a twenty-foot dock and he does go right up to his seawall with the boat and it is hanging out in the back, which he doesn't have too much water on the other side neither. But that's the way he puts his boat in. In fact, there's two of them over there. And the boat in mention that they were talking about before, Mr. Boyce's boat, I have a picture of it, if I can pass in around? C?~.Z~z32; BRUETT: Certainly. MS. D'~4BROSIO: Do I starc here? This a picture of his boat. This is a picture across the bay with those boats on the other -- COI~ISSIONER OATES: Ma'am, you have to use microphone so they can hear you. ~4S. D'~BROSIO: Oh, the pictures? There's one -- CO~4ISSIONER OATES: No, I mean so she can pick up. what you're saying. MS. D'~ROSIO: Oh, one of the pic=~es zs a boat of -- Mr. Boyce's boat. And the other picture is a picture across on the dock on the other side of the bay with the big -- with the -- with the boats going straight into their dock, into their seawall. That's all I have to say. CH3. IRMA/~ BRUETT: Thank you. ~R. D'~4BROSIO: Yes, Matthew D'Ambrosio, Marie's husband, and we live right alongside these homes, and it would be repetitious. I would go through the same things. I mean, I am just about to say Page 12 November 5, 1998 exactly what my wife has said. But I do want to say that I do believe that there's a compromise there. This is a beautiful area. It's an area for everybody to enjoy. We don't want -- we're not saying no, I want a boat, I'm going to boat, you're not going to boat. It's for everybody. It's beautiful. We want to keep it beautiful. We want to keep it safe. And we're not against, you know, any -- any boat docks by no means. We want everybody to enjoy it as we do. But we just want to be sure that the size of the docks don't create a precedent. And it's not singling out any one particular person. We're talking in reference to an area. And I think when we speak to protect an area, it's the same for the Boyces, the Boswe!ls, the same as anybody else. So when we protect it for one, we protect it for all. So I think there's a compromise in here somewhere that can please everyone and I hope that the board can find that. Thank you yeti much. CHAi~3kN BRUETT: Thank you. Are there any other speakers to the issue, Rot? MR. NINO: No. CHAI~iAIW BRUETT: Yes, Miles. MR. SCOFIELD: I would like to just clear up a few things if I can quickly. Obviously, there's an area of these two petitions that are back to back here. You're hearing -- you're hearing statements concerning both of them. The one before you right now is Mr. Boswell. The next one is Boyce. The people that just spoke, I believe, are the next neighbors to Mr. Boyce, which is the next petition. And there was concerns. They said there was a thirty-four foot -- Mr. Boswell has a thirty-four foot boat, thirty-five. He does not. He does not have a boat. That's Mr. Boyce's boat. That's the next petition. He has a thirty-four boat and that's why the dock's designed this way. And I just wanted to say something to the people that have come out here, and I have said this before to the commission. Boat dock extensions -- the owners would prefer not to go through this expense and go through all of this trouble to go -- to come here and hire me to do these petitions, because it is an expensive thing, and going to the state and everything else. The depths, I take a lot of time to -- to do the water depths and to design these. The perpendicular docks in this area, there's no other way they can go in. Mr. Boyce's, the next petition you heard, perpendicular is the only way these docks can go in. I had to get an affidavit from Mr. Boswell so Mr. Boyce could get his dock in because we're violating the setbacks on his side according to the state laws. So this is the only way we can get in there. The water depths · ara ~y shallow. Mr. Boswell, if you look on there, for twenty-three -- for thirty-three feet out, he's got two and a half feet of water -- or excuse m~, he's got three and a half feet of water thirty-three feet out from the -- from the mean high water line. That's just enough to get the boat lift do,~n. And then he's going to have a Page 13 November 5, 1998 twenty-foot deck boat. Mr. Boswell is here today. He's right over here. if you have any questions for him, he would be glad to answer that. A boat dock extension out -- i mean, you hear things about more wake. I mean, this is -- it doesn't really make sense here about, you know, infringing on that, the wake, and tearing up the areas. Most people, if -- if they're lucky enough, they don't have to get an extension. They can pu~ their dock out twenty feet and, you know, they can put a forty-foot boat in there if they wanted to and this would never come before the people. In this forum, we have to -- you know, we're -- you ~ow, the owners have to tell you what size boat they're getting almost for the petition. So these are some of the things i would just like to, you know, clear up. And if you have any questions of me or Mr. Boswell, I would be happy to answer them. C~.I~'; BRUETT: Mr. Priddy. COI~4iSSiONER PRIDDY: Mr. Scofield, is there -- is there any room for shortening this fifty-three feet? i mean, is there any -- any give on the outside? Can you live with forty-eight? Can you live with forty-five? MR. SCOFIELD: You know, I mean, there's -- we're going to put a boat lift in here. It's a twenty-foot deck boat. We have designed the dock so Mr. Boswell can access it around and clean the boat. He's -- he's in a wheelchair. That's the reason for the design of that, to get there. This -- this dock is -- it's tucked away in the corner. I mean, it's extremely shallow there, and we feel this design is of -- you know, we met the criterias that have minimal design. Well, the state thought -- thought so, excuse me, and so did the county. So this is the design -- what we're asking for. COI4MISSIONER PRIDDY: Okay. CHAI~4AN BRUEI~: Any further questions? COI~ISSIONER DAVIS: I have a question for staff. Mr. Gochenaur, you stated at the beginning the hearing that -- that his petition met the criteria that's in our land deve!opmen~ code and recom~.ended approval. In your expert opinion, has that changed? MR. GOCHENAUR: No, sir, that stands. CO~4ISSIONER DAVIS: Thank you. COI~dISSIONER TRAGESSOR: i would like to touch on some of the topics that the -- I did speak with one of the property owners -- I spoke to them yesterday -- that has a concern about this dock to the degree that the petitioner has asked for it. Am.d where I am having a problem with the idea of -- as each property owner along there would come in with their idea of what they would like to achieve with their boat dock to accommodate their particular interest and size of boat or convenience, that can, if continued and allowed, truly change the character of that whole area there. And i think if you take a look at the extensions~ that are there now, with the one exception of the -- the old one that's been there forever, thirty-five feet is more in line with what's going on over Page 14 November 5, 1998 there. And I think thirty-five feet would be a lot more in keeping with what the community has set as -- as what they can live with. And also, if you begin to extend these, perhaps the individual who actually received this -- this addition of space has the idea of putting one boat there. As boat slips become rarer and rarer with more people here, we might find ourselves with the continuation of extensions of docks with two and three boats being able to be accommodated. And then what you have there is not a waterway, but more of a place to put a lot of boats. So I could support something along the lines of thirty-five feet. CO~4ISSIONER PRIDDY: I have one other question, and Mr. Scofie!d or staff may answer this. If lot one has a thirty-five foot boat dock and lot fourteen has a thirty-five foot dock, with lot sixteen with roughly a fifty or fifty-three foot boat dock, would that not make pretty much a straight line because of the curvature of the -- MR. SCOFiELD: Where -- wait a minute. Were you referring to up here (indicating)? COI.~ISSiOP~ER PRIDDY: Lot one and say lot fourteen, if they both had thirty-three, thirty-five foot boat docks and you drew a visual line from the end of their dock over to the end of the other one, this fifty-three foot boat dock is still going to be inside that line? MR. SCOFIELD: Absolutely. CO~ISSiONER OATES: Mr. Chairman, I have a question of Scofie!d. CHAI~iAN BRUETT: Mr. Oates. COmmISSIONER OATES: What is the depth of the water at thirty-five feet? MR. SCOFIELD: About -- well, at thirty-three feet, it's three point four. I have had it listed on this page here. It's three point four feet. COmmISSiONER OATES: And what is it at fifty-three? MR. SCOFIELD: And at fifty-three it's five point nine feet, that's mean low water. That doesn't take into account for new full moon tides which is a foot lower. The -- the -- to get back, you know, this is an area, I mean -- we're asked for the minimal dimensions and this is it. In this area, in this pocket you can see it accretes in. As you come do~ -- as you come down Third, this deepens. Obviously, when you're -- when you're in an inside radius, this is a filling area. ! mean, it's just common knowledge this area fills in and that's what's happening. There's mangroves growing all in here (indicating). The mangroves are growing out, the land is accreting out all the time. The state will not let us dredge. A thirty-five foot dock is not going to do us any good in this area. I mean, that's -- maybe to pull up on the end, but to lift this boat, we would still have to go out another thirteen feet for the outside pilings. That could be done that way. But it's bnzd for Mr. Boswell on a dock of that design to access his boat. So in this area, it impacts no one else's view. It's stuck in the corner here and it's a huge water body so -- CHAI~iA_N BRUETT: Are there any further questions? Page 15 November 5, !998 CO:~4ISSIONER URBANIK: i have a question for staff. CH~I~.tAN BRUETT: Yes, Hs. Urbanik. COI~4ISSIONER URB~,~IK: We have special criteria for handicapped parking spaces. Do we have anything in the land development code that addresses handicapped boat docks for anyone physically challenged? MR. GOCHENAUR: Not to my knowledge and certainly not at a private residence, no, ma'am. COI,~4ISSIONER URBANIK: Thank you. CHAI~4A~; BRUETT: Any further questions? Anyone else care to speak to this issue? If you can make it very quickly. You have to come to the podium, sir. I will give you just a minute. MR. MATERIALE: I believe I was allowed ten minutes speaking for groups. I think I used about nine so I have a minute left. Okay. Gerald Materia!e from 267 Sixth Street. When I had said before, answering Mr. Scofield, that thirty-five foot boat belongs to Mr. Boyce. If you have a picture of the petition, you will see the old existing dock. That's where he parks that boa~ all the time. I didn't say it was Mr. Boswe!l's boat. I live right across the street, if I may just point, i live right here (indicating) and there's a straight line between the two properties. Sorry, forgot the microphone. And I will use my minute real quick. I have noticed on many occasions -- I have been here ten years. Since Mr. Boswell has lived across from me, he's in sight. He always uses the old existing dock with his wheelchair and his egress back and forth, no problem getting on the boat or off the boat. I don't think the size of the dock would impede the right to make it available for a handicapped person to approach the dock. That's about it. Thank you. CHAI~4AN BRUETT: Thank you. Are there any other speakers to this issue? Ma'am, it has to be something different and something that we haven't seen or heard yet. Okay. We have seen that. Thank you. Therefore, the public hearing is closed. COI~4ISSIONER OATES: Mr. Chairman, I move we approve Petition BD-98-32 subject to the staff's stipulations. CO~4ISSIONER PRIDDY: Second. CHAI~A/W BRUETT: There is a motion to approve by Mr. Oates, seconded b7 Mr. Priddy. Ail in favor? (Aye.) CHAIRMAN BRUETT: Opposed? COYfMISSIONER TRAGESSOR: I am opposed. CHAIRMAN BRUETT: Hotion carries. Excuse me? CO~{ISSIONER TRAGESSOR: I am opposed. ~.34_A!_RMAN BRUETT: Opposed. One opposed. Motion carries. ~:~_ ~,~lO: Mr. Chairman. CHAIRI{;,~ BRUETT: Rocky, I need to remind you of one thing, that the applicant should be aware that this boat dock petition may be appealed by an affected property owner within fourteen days of this Page 1 6 November 5, 1998 hearing and, therefore, the applicant proceeds with the construction at his or her o~ risk during this period. Thank you. Moving on to the next petition, that being BD-98-34. Ross. MR. GOCHENAUR: For the record, Ross Gochenaur, Planning Services. The petitioner is requesting a twenty-five foot extension to allow for a fifty-five foot boat docking facility accommodating one thirty-four-foot vessel. The property is located at 272 Third Street West and contains about fifty-nine feet of water frontage. The waterway is about four hundred feet wide at this location and the extension is needed due to shallow water at the site. Three objections to this project have been received and we have discussed these at some length. This facility is a little bit different. This facility meets all criteria except for those which address the vessel length in relation to the water frontage, however, the difference is really less than a foot. The vessel is going to be moored perpendicular to the property, so that you wouldn't have as much interference with the view, which is the reason for this criterion, as you normally would have. Also, the proposed facility would impede the use of two davits on adjacent lot fifteen to the south. However, these davits encroach twelve point five feet into the fifteen foot side setback for docking facilities and the problem isn't caused by the location but by -- the location of the facility, the proposed facility, but by the location of the existing davits. In view of this, we still recommend approval of this petition. The owner of the property next door has caused the problem with the davits, and we feel that the fact that the boat's being moored perpendicular to the property pretty much makes up for whatever impact it would have on the view of neighboring property owners. We do recommend approval. Questions? CHAIRMAN BRUETT: Thank you. I need to do one thing. This being a public hearing, all of those wishing to speak to this issue need to stand, raise your right hand and repeat after the court reporter. (Witnesses were sworn.) CHAIRMAN BRUETT: Thank you. Does the petitioner care to address the board? MR. SCOFIELD: Miles Scofie!d again, representing the petitioner, Paul Boyce. I don't have -- I feel like we have discussed this a little bit before. This is a small dock -- excuse me -- a lot. The dock -- the only way the dock -- we could fit it on this lot is to go out perpendicular. This is also a -- we have a little more water on this lot than we did next door, but it's still a very shallow area. I'll give you some pictures. There may or may not be some, you know -- an impediment to the neighbor putting his boat on his lifts. The lifts a're -- like ~nss said, they're two and a half feet off of the property line. l<r. Bcyce has had no objection to that in letting them -- those davits. They have been there awhile and we -- we are over the distance from the -- we're in the setback, legal setbacks. Page 17 Nove.mber 5, 1998 I don't believe, being a boater, that it's going to infringe upon him being able still to lift that boat there. I have some pictures here I will show you. Also, it shows you the land accreted out in front of Mr. Boyce's seawall there and the -- once again, the reason for going out this distance. Mr. Boyce does have a thirty-four -- thirty-four-foot boat to be on the lift at this site. On the aerial map, I think you know where it is. It's right up here in the corner again (indicating). It's in the same place, right next door to Mr. Boswell. And I will answer any questions that you have. CHAIP2~A/W BRUETT: Rocky, I have one. in this particular case, excuse me, the depth appears to be greater than the adjacent property o%aner that we just heard? MR. SCOFIELD: That's correct. C~iAIR/~'d~ BRUETT: Again, our question to you is probably going to be, is the full extension totally necessary for the thirty foot -- thirty-four foot boat? it appears that you have some greater depths here in the thirty to thz_~3 five foot length as opposed to '..;hat you' re recon%mending. MR. SCOFIELD: Right. What -- what we look at, basically, is for a boat lift. And you have the beams in order to get do,~,7~ on the boat lift As you look at depths here, when you come out twent'./ feet -- _~ ~eet of when you come out twenty feet, you get into three and a ha~ ~ water. CHAIR?3~N BRUETT: Yes. MR. SCOFIELD: This is designed, basically, for Mr. Boyce's boat which is a thirty-four foot boat. We have -- it's very -- from ~he_e in, it's shallow. The boat cannot get up much closer than that. The bow -- the overhang of the bow can get up into about maybe twelve feet. We can't get any closer than twelve feet to the seawall on this one. We come out -- we need to go out at least twenty to twenty-two feet in order ~or the first beam on a lift to go down. And then your lift is usually anywhere from thirteen -- in this case it's fifteen feet apart to go out to your second beam and -- CH~AIRMA~N BRUETT: To get under the boat and lift it? MR. SCOF!E~D: Right. Basically, what we had designed it -- we had designed 'it as the first beam at twenty-five feet out and then the second beam -- the piles -- the piles that support the beams to go at the end of the dock. It's a fifteen foot span between there. And this gives us our ten to fifteen feet out from the seawall, which a lot of times there is no water there at all. Perpendicular was the only way we could construct this dock, also. if -- if it were to go the other way, then it would stretch across the property causing even more of a problem to boaters on both sides. CHAIPd4AN BRUETT: Yeah, I don't see how it goes lengthwise. MR. SCOFIELD: Right. CH_AIPd4AN BRUETT: Thank you. COMMISSIONER OATES: Rocky. Excuse me, Mr. Chairman. Tell me again, it seems to me that I kind of heard you say that you need to be out thirty, two feet. Page 18 November 5, 1998 MR SCOFIELD: For the ~=t beam? CO!~4ISSIONER OATES: Yes. 14R. SCOFIELD: Basically, we need about three and a half feet of water to get down. We reach that at twenty feet. MR. OATES: At twenty-five feet you -- FIR. SCOFIELD: And then -- and then we always allow for the extra foot of tides that we get, according to weather, new moon, full moon, stuff like that, and able to ge~ a boat on and off. CO!~4ISSIONER OATES: So am I -- am I right in saying that · thirty-five feet, you could live with thirty-five feet? ~R. SCOFIELD: No, no. What I said is the first -- the first beam will have to go out -- we had -- we had designed it -- COI~4ISSIONER OATES: I thought you said you needed ten feet plus twenty-two feet. I may be wrong on that. ~q. SCOFIELD: Okay. Here's the thing. The way the -- this dock is built for the boat. If pge shorten the dock up -- if you look back there, we do have the lift in about five feet from the end. We can't -- that could be shortened up, but we still have to go for the same boat dock extension because boat dock extensions is not only the dock but it's also the protrusion of the boat. And we're having to stay ten to fifteen feet off of the seawall because there's no water there at all. CO~4ISSIONER OATES: Okay. I see what you're saying. Ail right. MR. SCOFIELD: So whether we shorten that dock up five feet or not, we still have to go for this extension because that's where the end of the boat's going to be. CO~4ISSIONER OATES: Okay. Okay. I understand what you're saying. Thank you. MR. SCOFIELD: Thank you. CHAIKMAN BRUETT: Are there any petitioners -- any individuals in the audience that are wishing to speak to this issue? MR. NINO: The same speakers signed up for this one as did the last. CHAI~4AN BRUETT: Could I just ask the speakers, certainly you're welcome to come forward, but we are certainly aware of your view. And if you could summarize your views on this, we would certainly appreciate it. MS. MATERIALE: I just want it in the record -- I'm sorry, Barbara Materiale from 267 Sixth Street, Bonita Springs. I just want to remind the commission that the same letter I read from Frank and Emily Maggio stands for this petition, also. CHAI~J~N BRUETT: We understand that. Thank you. MR. ~ATERIALE: Gerald Materiale, 267 Sixth Street, Bonita Springs. Basically, I am saying the same thing. I want i5 for the record that this a~3plies to the other petition as well. CHAIRMA~ BRUETT: Yes. MR. MATERIALE: I have one thought, if I may leave you with this. It's ---the man's words, he just said he's building the dock for the Page 19 1 November 5, 1998 boat. i am just curious which will last longer, the dock or the boat? And it seems that, you know, you have to do what you have to do here and make your o',~ decisions based on the facts, but it just hit me funny. You could always change the boat, move away. A deck boat takes no water. As evepfone knows, a pontoon takes no water. This is a big boat. You have seen pictures of it. But he's come to you people and said well, i have this big boat and I want -- I need this to go out this far for this boat. That's the only reason he's given. So it's again -- I appreciate your time and courtesy and professionalism. Thank you. CHAIRMAN BRUETT: Thank you. VOICE FROM THE AUDIENCE: Can I come up and speak for a moment? CHAI~JkN BRUETT: Have you been sworn in, sir? VOICE FROM THE AUDIENCE: No, I did not. I am the ov~er of the property. CHAI~,LA~N BRUETT: Ccme up and repeat after the court reporter, please. (Witness was sworn.) CF~!~iAN £RUETT: State your name, please. HR. BOYCE: Idy name is Paul Boyce. i am the owner of the property there. I would just like to mention to you, ! have this thirty-four boat. And I just want to tell you the problems we have had in this community up there. I have had my boat on my trailer. Tv~o times I have had my tires slashed from somebody in the area. One time they slashed all six of my tires on my trailer so I couldn't even move the boat out of the water. And within days there was phone calls to the county code enforcement about my trailer being parked there. One month later, same thing happened. CHAIRMAN BRUETT: Excuse me. I understand what you're saying, but we really need to talk to this specific issue. MR. BOYCE: I'm just telling you -- I'm just telling you this is the problem, you know. And I'd like -- you know, I'd like to have my lift so I can get my boat off my trailer so it doesn't have to be slashed all the time. C?~.I~AN BRUETT: We understand. MR. BOYCE: Thank you. CHAIrmAN BRUETT: Thank you. Are there any other speakers, please? MR. NINO: No, there aren't. CHAI~4AN BRUETT: Therefore the public hearing is closed. Pleasure of the board? COMMISSIONER DAVZS: I have a question of staff. Mr. Gochenaur, being our boat dock extension expert -- probably not what you want to be, but you are -- speak to me about the issue of · .- of. r_he length of the boat. Mr. Scofield makes a very good point, yom ~;;v. He's trying to accommodate a given sized boat. What if the boat's fifro~-four feet? Does -- the length of the boat has to -- plays in the criteria, is that what we're to understand? MR~ GOCHENAUR: It does, bun the criterion was normally or it was Page 20 16G November designed to address the view of the property owners rather than the positioning of the vessel at the dock. I don't think we specifically looked at the possibility that an extremely long vessel could be moored perpendicular to the waterfront. It's an unusual issue and I can understand where it could be taken to an extreme, but it's not anything that we specifically looked at for a criterion. CO~CdISSIONER DAVIS: And I think I made my position clear and that's why I asked you on the first petition. If someone comes here before this board requesting something and they meet the criteria that we have established as a community in the code, then ! think it's incumbent upon us to approve it. But this strikes me as maybe being be an oddity and I think that's pretty much what you just said. And i don't -- it may be something staff might want to take a look at, is this something we need to address in future land development code revisions to put some sort of limitation on it, because i think in most cases, parallel to the seawall is what we envision in the code. And here we've got a situation where it's perpendicular, it could, i guess, cause some problems if you do take it to an extreme. t~R. GOCHENAUR: Yes, sir. I agree in this case. That's why I pointed it out that it really did not meet this criterion. The petition does not have to meet all criteria, and we felt that the balance was in favor of approval. But it is a significant point, you're correct. CO~.~ISSIONER DAVIS: I would just suggest, Mr. Chairman, that maybe staff review that in the future to see if there's something -- it may be broken there. CHAI~4AN BRUETT: It should be part of the criterion as we go on. MR. GOCHENAUR: Yes, sir. CN-AI~XN BRUETT: Any further questions of staff? Pleasure of the board? CO[~dISSIONER WRAGE: Mr. Chairman, I make a motion we approve Petition BD-98-34 subject to the stipulation. ~{R. BUDD: Second. CHAI~4AN BRUETT: There is a recommendation to approve based on -- from Mr. Wrage, seconded by Mr. Budd. Ail in favor? (Aye.) CHAIrmAN BRUETT: Opposed? COMMISSIONER TRAGESSOR: Aye. CHAIrmAN BRUETT: One -- one against. Motion carries. Petition No. V-98-16. This being a public hearing, all those wishing to speak to this issue need to stand, raise your right hand and repeat after the court reporter. (Witnesses were sworn.) CHAI~J~N BRUETT: Thank you. MR. REISCHL: Goo~ morning, Commissioners. Fred Reischl, Planning Services. This is a request for a variance in the Wyndemere subdivision. The lot -- as you see, the rear of the lot is adjacent to the golf course and this is the diagram of the proposed addition to the house Page 21 November 5, 1998 {indicating). The area in yellow is the house, existing and addition, that meets all setbacks. This area (indicating) is the screened porch, which only has to meet a ten-foot rear yard setback. This portion in red is a portion of the existing house, which comes up to the twenty-five feet rear yard setback line now (indicating). This hatched area in blue is the proposed addition that will encroach nine feet into the twenty-five rear yard setback if approved. In your packet you also got photographs which show the -- which show the existing mature landscaping that basically ameliorate the impact of the proposed addition to the views of the neighbors. And it's because of the existing landscaping and the fact that the rear yard does back up to a golf course that staff recommends approval of the nine foot variance. COIC~ISSIONER DAVIS: Mr. Chairman, it strikes me -- the only person I saw stand up and get sworn was Mr. Hoover. MR. REISCHL: Thank you. We also received two letters of no objection from the in~nediate neighbors. CO~ISSIONER DAVIS: This just strikes me as being a real easy one, if we could move right along here. CHAI~4AN BRUETT: Mr. Hoover, do you care to speak on behalf of the petitioner? I wouldn't waste a lot of time. MR. HOOVER: For the record, Bill Hoover, representing Mr. and Mrs. Ted Ny!ese. No, I won't object to the direction that the board CHAI~4AN BRUETT: Thank you. Are there any other individuals in the audience that care to speak to the issue? Therefore the public hearing is closed. COMMISSIONER DAVIS: Mr. Chairman, I make a motion that we forward V-98-16 to the BZA with a recommendation of approval. COmmISSIONER PEDONE: Second. CHAIRMAN BRUETT:' There is a recommendation to approve and move forward to the BZA by Mr. Davis, seconded by Mr. Pedone. Ail in favor? (Aye.) CHAI~4A~N BRUETT: Opposed? (No response.) CHAI~4AN BRUETT: Motion carries. Moving to petition number PUD-98-13. And I will need 5o recuse myself from this particular issue in that I work with the company seeking the petition. Turn it over to Mr. Budd. CO~4ISSIONER BUDD: Looks like I got it. Ail those wishing to present testimony in this item if you would please be sworn in by the court reporter. (Witnesses were sworn.) COMMISSIONER BUDD: Mr. Nino. ~R. NINO: Yes, for the record, my name is Ron Nino, Planning Services. The petition that's before you is a petition that would have an existing PUD, titled the Beachway PUD, and a five acre, plus or minus, Page 22 NovemJoer 5, 1998 tract of land to the north of the PUD, north of Walkerbilt Road, zoned from agricultural to PUD. The existing Beachway PUD is an approved residential development of -- %hat could consist of as many as eight hundred dwelling units. This petition would repeal -- in effect repeal the Eeachway and adopt a new PUD that would propose a development singularly of a golf course and three point four acres of commercial on the frontage lying north of the Wal-Mart store up to the point at which the road would come into the golf course/country club facility. Clearly, the land use is consistent with the county's future land use element. This area is designated urban residential, and urban residential in addition to permitting any manner of housing style, permits recreational facilities and golf courses. Relative to the issue of the commercial, part of the Eeachway PUD lies within an activity center. The existing commercial development at that intersection constitutes somewhere in the neighborhood of twenty-three, twenty-four acres, therefore, there is actually an opportunity -- since an activity center comprises forty acres, tkere's an opportunity for additional commercial frontage -- commercial development. And what this petition would do would be to shift the commercial development from the Immokalee Road frontage to north of the Wal-Mart plant -- Wal-Mart store, and that provision is provided for in the future land use element and, therefore, the three point four acres of commercial similarly is consistent with the future land use element, the growth management plan. And, of course, one of the major consistency issues is always does it comply with the traffic circulation element? In other words, is the petition going to create more traffic than the level of service that is provided for in the traffic circulation element? And I think it becomes obvious, if you take away eight hundred houses and replace it with a golf course that, in fact, you're going to diminish substantially the traffic impacts. And our analysis reveals that certainly this petition, if approved, would be consistent with the traffic circulation element. It would also be consistent with other applicable elements of the growth management plan which call for any development of a residential nature within the area to be sixty percent open space. Golf courses count as open space, so it meets that element. It meets the sewer and water element. They are both available. So indeed, it meets all of the elements -- applicable elements of the growth management plan. Aside -- however, aside from that, as planners we're charged with addressing issues of timing of the development, compatibility, and I think it becomes obvious that if you introduce a golf course -- I %h_i_nk it's obvious anyway -- that if you introduce a golf course into aA c.%'b~rwise residential mixed-use development, that certainly one would r~ot argue that that's incompatible. Certainly that would be more compatible to -- in the minds of most people, than the residential development that is proposed. Page 23 November 5, 1998 Insofar as the compatibility is concerned, with the commercial property, of course, that's out on forty-one. It's next to commercial both to the south. Commercial is to the north of what used to be Kaki's. I forget the name of -- the new name. Across the road is the River Chase Shopping Center. So certainly the commercial in this area is certainly compatible. The PUD -- this issue has gone to the Environmental Advisory Board. They have recommended approval subject to the inclusion of certain conditions which are currently -- which are in the PUD that is being redrafted but not in the PUD that you have. The petitioner has agreed to include all of staff's stipulations, and importantly, the stipulations that deal with the tract of land on the north side of Walkerbilt Road. This tract is going to be the club maintenance facility. On the east side of that tract is the Bay House Restaurant. On the west of that tract is a mobile home park. The resident -- the owner of the land to the west expressed the concern that an extra effort of landscaping and screening he made along that west line and they have reached an amicable agreement wi~h the developer and those provisions are in the draft PUD. There is one outstanding issue, however, and that is an issue from our public utilities office of capital projects. They have indicated to us that there is a need -- may be a need for additional right-of-way on the Vanderbilt Drive side. However, their direction has not been definitive to us and we haven't been successful in getting a definitive response in terms of how much. And so perhaps we need to address that issue yet. It's the only outstanding issue. I would suggest that the petitioner make their presentation. I know there are some people here with some concerns. Their presentations are always more illustrative than ours and well worth the public hearing. CO~4ISSIONER OATES: Mr. Chairman, I have a question and a comment. This little piece that sticks out north of Waikerbilt Road that says G for golf course -- i'm sorry, did you say that that was going to be the maintenance building? MR. NINO: Yes, yes. COMMISSIONER OATES: Thank you. Mr. Chairman, it just appears to me that any time that you can reduce the acreage -- or pardon me, reduce the amount of development that's going to go on a piece of property and we're knocking out eight hundred units here that could be built, we're doing a service to the entire community, in my opinion. The Board of County Commissioners has requested that we try to cut back on the density, and this certainly does that. CO~4MISSIONER PRIDDY: Mr. Oates, I am concerned if the same attorney is coming in here less than a month after he brought another D~=_ti~.on in here that knocked out fifteen hundred units, where are fn~u~re people going to be able to build if he keeps coming in here with gol~ courses? COP[MISSIONER OATES: They're all going to live in Immokalee. Page 24 NovemJoer 5, 1998 CO~dISSIONER BUDD: Mr. Varnadoe. [.~. VAP~;ADOE: For the record, George Varnadoe. I'm going to be very quick. I think that Mr. Nino has covered most of it and as Mr. 0ares has pointed out, this is fairly unusual in that we're taking an eight hundred unit PUD and taking all of the units off of it and proposing to do a golf course and a three point four acre commercial on U.S. 41. The property is depicted very clearly, I think, on the aerial photograph over here with U.S. 41 obviously on your right and !!!th at the bottom and Vanderbilt Drive on the west. I think one of the really great things that happens from this, we have had a problem with lllth about when is it going to have to be four-laned? Can you go six lanes there without clearing a bunch of houses or geuting into institutional uses? By removing the accesses from both the !!lth and Vanderbilt Drive and taking eight hundred units out of that mix, it's going to quiet that neighborhood and be quite awhile before we have to do anything at lllth. We have looked at the potential for -- let me go to the other plan. This is an illustrative plan. I think it shows you the commercial on U.S. 41 sharing an entrance with the golf course. That's an existing median opening that FDOT said will be signalized when U.S. 41 is six-laned. In looking at the potential for four-laning on Vanderbilt Drive, number one, as Mr. Nino has said, the county has no plans. They don't know when they're going to do the right-of-way, when or where. We really don't have room to accommodate right-of-way. Number two, in looking at the uses to the south at lllth, by their o~ a~ission, the county staff has said if we try to expand Vanderbilt Drive to the east, we are going to be digging up graves. So with no development on the west side, i would submi~ to you that the easiest and best course in this sense, if you try to expand Vanderbilt Drive, would be to the ,west and not to the east where you have development occurring and proposed development like ours coming in. Unless anybody has any questions, I mean, I'm going to be quiet. i think this is a pretty self evident petition. I will be glad to respond to any questions. As far as the use of the parcel that you see on the aerial photograph, I would note that's a five-acre parcel north of Walkerbil~ Road. The west two acres of that are going to be used by FDOT for the purpose of water management for the U.S. 41 expanding. So any use of ours would be on the east side of that. Mr. Neno had requested and we had responded that we would put a wall on both sides of that with veg. etation to hide any maintenance facilities that would be there. A~y questions? Thank you. CO~SSIONER BUDD: Mr. Nino, do you have registered speakers to address ~is p~tition? MR. ~INO: Yes, I do. i have -- and if they would all line up, i have Dr. Vincent Albanese, Roger Jacox and Albert Koehler. Page 25 November 5, 1998 DR. ALB~ESE: Hi. I'm Dr. Vincent Albanese. I live 638 l!!th. And I really don't have a problem with this. I just have four concerns, though, that I want to voice out right now. And the first concern is that a couple of years ago, the county had approved a water management system for better drainage of that area, and after the little rain that we got last night, it's not working. So my first concern is when they do build this, if you do let them build this, at least let them keep it at the level it is now or even possibly lower so if there is excess water in that area, i would rather see a golf course get the excess water than people s homes. ' My second concern is that the street, which we have heard many times may be widened from the two lanes that !llth is now to possibly four lanes, maybe even more, when that street is eventually widened and possibly with a golf course being there, it may impact as a catalyst now, two thin s they widen -~ .~g are going to have to happen. One is when ~at street, I hope tha~ they don't raise the street, they leave it at the same level. The code said that the homes had to be built eighteen inches above the street. I hope they respect than and keep it at least at ~hat level so that the street doesn't raise and the water gets pushed to the homes. The second is there is a bridge on lllth and 8~h. If that bridge has to be widened or accessed for excess traffic due [o this new development, I am wondering who becomes responsible for ~hat? My third point of view is if I wanted to ride a bicycle from my house or better yet from the beach all the way down !llth and do'~ -- or Airport Road to this county courthouse, I could ride on a bike path or a bicycle -- or on a sidewalk except for one stree5. That's the street where they're going to touch lllth. If you make them build on lllth or improve on lllth, a sidewalk there would be nice. ~md the last thing I would like you to consider is if you look at that one stree~ from the beach to forty-one, which is only about eight blocks, it changes its name three times. I would like to see a continuance of ~he same name at !eas~ to highway 41. This way people visiting the area don't have %o worry about three different names on one street. And that's it. COMMISSIONER BUDD: Next speaker, please. CO~{ISSIONER DAVIS: Mr. Chairman, the one issue the speaker brought up that seems to be germane to the -- what's before us here today is water management. And as I think we all realize and can say to him, they're required by our code to retain all of their storm water on their property. And on the other issues, you might talk with Mr. Nino after our meeting today and he can address those for you. DR. ALBANESE: I am not worried about them retaining their water. I am worried about any excess wa[er from them overfilling that area. If they overfill that area, whereas right now it's an agricultural land and it does take on excess water from the surrounding area, I want that to either be enhanced or remain the same. COMMISSIONER DAVIS: You might talk with Mr. Nino afterwards. Page 26 NovemL~er 5, 1998 CO~4ISSiONER BUDD: Ne:<t speaker, please. MR. NINO: Koeh!er, Jaco:<, either one. MR. KOEHLER: Hi. My name is A1 Koehler. i live at 565 Roma Court. That's adjacent to the golf course. We don't have any objection to this golf course. The only problem I have is with people who live in our development who are not here right now. I want to ex?lain to them why we're backing this. And I need a map. This little thing here is too small. I have been told different things about getting a map. MR. NINO: Would you like to use this map? MR. KOEHLER: Yeah, that's the kind of map that I would like. I was down to your office, but i need a map when I have our meeting. I am the president of the association. That's all I have. COmmISSIONER BUDD: The petitioner will provide you with one. MR. KOEHLER: Okay. Thank you. CO~4ISSiONER BUDD: Yes, sir. Next speaker, please. MR. JACOX: My name is Roger Jaco×. I am the presiden~ of ~MTLA, Inc. which is a mobile home co-op. We have about a thousand foot of frontage along the one west side and about two hundred and fifty feet on the fronn, and we have no objection to this golf course. I think it will improve the area both economically and aesthetically. I have a couple of questions and perhaps the gentleman here can answer some of those questions this morning. One of our concerns is along the wes~ side of our mobile home park, there is a utility easement and a fire lane. The way this map, which the gentleman mentioned was rather small -- i did try to blow it up and it helped a little bit -- there's a little kink in that one corner of our park. If that represents a cutoff -- may I -- may I come over to that map, please? COI~4ISSIONER BUDD: Yes, go right ahead. If you would use the microphone there to your right. Sir, use the microphone to your right. MR. JACOX: Walkerbilt comes right do'~n here (indicating). Here's the little corner I'm concerned about. I don't know how far the right-of-way from Walkerbi!t goes, but if this is going to be utilized in some way by the development, it will restrict access to our fire lane and our utility easement. We won't be able to get in there. COI~{ISSiONEK BUDD: Okay. We will hear from the petitioner to address your question. Are there other questions you would like to present? MR. JACOX: Okay. The other concern, we understand that this is all protected wetlands back in this area (indicating). And we were just interested in how far back this golf course may extend, whether it will go all the way to the river or whether those wetlands will still remain in existence? COMMISSIONER BUDD: Okay. We will also get an answer to that. Anything else? Page 27 November ~, 1998 CO:~,IISSIONER OATES: He can have this. Sir, take this map. it shows the wetland line on that one. PR. JACOX: The other concern we want to express is to make certain that the river will still remain navigable. I think that it will. And I also have been asked to question about the gopher turtles. There are gopher turtles in the area along Walkerbilt. I assume the developer will take whatever action is necessary to rehabilitate those. We have some specific ~uestions, that are not concerns, as to how many entrances there will be of~ Waikerbilt into the golf course. And as this other gentleman expressed, what type of fencing or landscaping or how the golf course will be separated from our park and from the other areaso Where the club house I believe in your presentation you said that the entrance to the club house would be off of forty-one; is that correct. i{R. NINO: Yes. MR. JACOX: Okay. So any entrances off of Waikerbilt probably would just be for service areas or something of that nature? MR. NINO: That's ;:hat ! am advised, althouch~ i think the applicant would be better to address those issues. That's what th,_- plans show. MR. JACOX: Okay. And ~t said there was going to be a hotel built. Is there any information as to how big the hotel is? How many stories high will it -- I mean, it won't be twenty-three stories or something like that that won't fit into the conununity? CO~.~ISSIONER BUDD: The applicant will be able to address this -- your questions and put those concerns to rest. Are there any other items on your list because ! ~ ~ =h.nk they can su~arize a response to those very easily. MR JACOX: Basically ~ ~ , t..a~ our only concerns -- just so we can have access to our fire lane and our -- COl{MISSIONER BUDD: Thank you. Mr. Varnadoe, could you respond ~o some of those issues? MR. NINO: Leu me respond to the issue of landscape buffer requirements. Along the south side of Vanderbi!t -- Walkerbilt Road, the land development code would require a minimum landscape buffer of ten feet. However, the developer obviously will be enhancing that because all of Waikerbilt Street ,will have a golf course on the south side of it. MR. VARNADOE: Yeah, the issues. I think we first need to understand and realize that in regard to transportation or effects on the surrounding areas these people need to understand there's eicht hundred units approved there today. People can start pulling building permits and build those units. So having a golf course, which I thought would be a great asset to the community, seems to raise questions that I am not too sure about. There is a drainage easement from Naples Park across this property to the Cocohatchee River. This plan accommodates it. It actually takes it through a couple of our lakes and into a drainage. You can see it on the aerial photograph. It's actually a ditch now Page 28 November 5, ! ~ncorpora~ed into some of the lake system. that will be ~ - Obviously, since we are not having any access under this plan as opposed to the PUD ~tan on illth , ~ -- , we re not going to have any negative impacts on illth. Our only access, again, is going to be on U.S. 41 for -- other than for maintenance access off of Wa!kerbilt Road, both to the north parcel and to the south parcel. Wetlands, that was adequately addressed in the EAB meeting yesterday. We're having very little impact on the wetlands, less than five acres, as I recall, even though some of these wetlands are fairly heavily impacted already. The gopher tortoises, we relocating all the gopher tortoises on site and we have a plan that the EAB unanimously approved yesterday for that. The navigability of the river, we're not affecting the river. We're not close to the river. We're not making any development on the river, so that shouldn't be a concern. The height of the co~,"unercial is limited to fifty feet. And you can see on the aerial -- I mean, on the site plan how far away that is =~ ' =~om Walkerbilt or anything on Waikerbilt. I submit they wouldn't be able to see it. And don't worry, this golf course will be adecuate!y buffered from its neighbors. The one thing you don t want when you're playing goi~ is ~o be able to look at houses or residential units if you can avoid it. The idea here is to have a very private golf course, so that we have provisions and buffering around all of the property. Is there something I missed? CO~4ISSIONER BUDD: About the hotel. MR. VARNADOE: Hotel, fifty feet max. CO~4ISSIONER DAVIS: And the existing fire lane, utility easement remains untouched? MR. VARNADOE: We will have to work on that. I have no idea what the gentleman is talking about. Our property boundary's pretty square, so I don't think we're affecting that, but we will try to get with them and our engineers to take a look at that and make sure we're not impacting that. COMMISSIONER DAVIS: It looks to be not on your property, what he spoke about. MR. VARNADOE: And I'm not sure, Mr. Davis. I can't tell you. So that's one issue we will have to look at, actually. I think you can see from the golf course, though, that we -- we are having -- we shouldn't be impacting that. We don't have any golf holes or anything other than just buffer in that area, right in this area here (indicating). So I think we should be able to accommodate their concerns. COMMISSIONER PRIDDY: How many mermbers might this exclusive golf course have? MR. VAP, NADOE: Just for informational purposes, I think what they're aiming at is something two fifty or less. That's not a commitment. That's just observation, if you would. COMMISSIONER BUDD: Thank you, sir. Page 2 9 "6 i November 5, !998 Mr. Nino, were there other registered speakers from the public? ~,~... NINO: No, there weren't. CO~4ISSIONER BUDD: Okay. Are there any other speakers who failed to register? There being none, we will close the public hearing. COM]4ISSIONER OATES: Mr. Chairman, I would like to move that we recom~nended approval of Petition PUD-98-13. CO~'~MI SS IONER URBANIK: Second. COMI4ISSIONER DAVIS: Is tha~ with -- there was the one outstanding issue, Mr. Oaten, about the right-of-way. COM/4ISSIONER OATES: Mr. Davis, as long as the utility people don't have any idea what they want and as Mr. Varnadoe very succinctly stated, you're going to have to dig up graves and I am ignoring that entirely in my recommendation. COMI.~ISSiONER DAVIS: I wholehearuedly agree with you. I just wanted to hear you say it. CO~4ISSIONER BUDD: Okay. We have a motion by Mr. Oaten, a second by Ms Urbanik. Any fur~he~ discussion~ Ail those in favor signify by saying aye. (Aye.) C.HAIRMA~q BUDD: Those opposed? (No response.) COM24ISSIONER BUDD: Motion ca. ~ -es. And, Mr. Bruett, it's ali yours. CO~4ISSIONER WPJIGE: Fine job there. CO~4ISSIONER OATES: You done good Russ MR. NiNO: Is that unanimous on the Planning Commission? COM/4ISSIONER OATES: Yes, except for Mr. Bruett who recused himself. CHAIR_MAN BRUETT: Thank you, Mr. Budd. Moving on to Petition No CU-98-~9 And this being a public hearing, all those 'wishing to speak to this particular issue please stand raise your right hand and repea~ after the court re~orter. (Witnesses were sworn.) ' CHAIRfZn~dg BRUETT: Thank 'you. Staff. MS. MURRAY: Good morning. Susan Murray, Planning Services. The applicant is seeking to obtain conditional use approval of three detention facilities and jails in a public use or P zoning district, and the applicant wishes to construct a juvenile detention facility. The site is a two point five acre site in an undeveloped section of land located at the northeastern boundary of the Collier County government complex site, on the north side of the existing jail facility. Access to the site will be provided via the existing main driveway entrance to ~he Collier County government complex located off of Airport-Pulling Road and another existing driveway entrance off of Palm Street. The petitioner proposes to establish a fifty-bed facility housed ili in a nineteen thousand square foot building with an administration Page 3 0 November 5, 1998 wing, an assessment wing and a detention wing. The petitioner estimates tha~ there will be a staff of approximately fifty people who will work in shifts, seven days a week, twenty-four hours a day. Surrounding land use and zoning, to the south and east, we have the existing government complex, which is zoned P for public use, and specifically to the south is the jail complex and te the east is the health building. To the west is zoned C-4 with an existing office building which fronts Airport-Pulling Road. And to the north is zoned PUD, which is the Heron Park Apartments. The request to conditional use is consistent with the growth management plan and land development code in that it is an authorized use within the mixed use activity center and P or public use zoning district, which provides for the requested use as a conditionally permitted use. Due to the existence of the government complex, the developmen~ of the subject site should not alter existing traffic patterns and will provide a logical link ~e the site via ~he existing driveways and drive isles ~hrough established parking lets. Due to the highly secure nature of the proposed use, the majority of the activities will occur indoors, thus minimizing noise impacts. The outside of the building will function ve~ similar to ether public uses on site, the majority of the activity occurring during typical daytime business hours. The abutting residential property to the north is developed with three-story multi-family buildings, however, the views of these buildings are directed to the northeast and southwest, away from the subject site. In fact, most of the site's frontage along the northern boundary of the government center adjacent to this abutting property's -- is adjacent to this abutting property's existing parking le~, and the proposed site plan for the detention facility proposes their parking lot also to abut to this northern property parking lot, therefore, providing a little bit more of an extensive buffer comprised of the parking areas for both sites. There is also a proposed recreational area for inmates which would be located on the north side of the site, again adjacent ~o the parking area, the residential property to the north. Staff is recommending that the Collier County Planning Commission recommend approval of Petition CU-97-26, however, with one stipulation, and that is that the landscape buffer along the northern boundaPf of the site would be comprised of a ~ype-C, twenty foot wide opaque within one year, landscape buffer with a six-foot wall, hedge, fence or berm or combination thereof and two staggered rows of trees spaced no more than thirty feet on center thus providing an additional buffer between the residents to the north and the subject property. CHAIRMAN BRUETT: Thank you. ~ny ~estions of staff? COl{MISSIONER OATES: Yeah~ Mr. Chairman, I have a comment and then a question. I think it's great that they're going to build this facility so tha~ the youth of Collier County don't have to go other Page 31 ~o,zemoe~ 5, 1998 places, but i have a ~des~_,~n asoun ~ne parking. We all know the pa ...... ~ nero at the gover.~.nen ,conner is at best atrocious, is tnzs going to cause the problem to be worse? MS. MURRAY: No, it shcuid not. They should be able to meet their parking requirements on their site. CO}~ISSIONER OATES: We!l, the parking requirements. Already we don't -- for the number of square feet we have in this complex here, we are short considerable parking spaces. HS. MI3RP3~Y: They should be able to meet their parking requirements. So it should not furnher negatively impact the existing or exacerbate the existing problem. CO:~4ISSIONER OATES: Thank you. CON~ISSIONER PRIDDY: i am just a little surprised that the gover~ment is having to ask -- to go through this process to build something on -- C~I~4AN BRUETT: Gone, ..... ~-~e.~ ~ property. CO~.~ISSiONER.~IDDY:., -- cove_rur, e..t_ ~ ~ p~ope~ty~ _ that ~he ~uubi~c- knows is coing to faciiita[e i ..... governmenn uses ,~o,~e_.h~e~ -- . CO:.E,!ISSiONER DAVIS: So let's hurry right along. Zt's a conditional use so -- CN~I~AN RRUETT: Is ~ha~ a motion? CO[~ISSiONER DAVIS: It will be if we can move righ~ along here. CF~I~dAN ~ -~ ~RUm. T: Does the petitioner care to address the board? HR. HELTON: Mr. Speaker, given the recommendations -- I'm sorry, my name is Joseph Helton. I am assistant general counsel for the Department of Juvenile Justice. Given the recommendation of staff, I don't have any real long presentation to make. I do have representatives of the department and of the architect.'s offices who designed the facility available for questions if you need them. But, however, given the reco,q~nendations of staff · would simply make ~ ' , ~ ._.,em available and either myself or them try to answer any quescions than you have. COI~{ISSIONER OATES: Do you have any problem ',,;i~h 5he buff~ than they're suggesting? MR. HELTON: Let me defer -- defer to the architects. [{~q. HE~NANDEZ: Good morning. I'm Arnaldo Hernandez with Arkitex. No, we have no problems whatsoever. Actually, we were proposing that all along. CO}{MISSIONER OATES: Okay. Thank you. CHAIRMAN BRUETT: Are any other speakers to this issue? MR. NINO: I have none. CHAIRMAN BRUETT: Therefore, che public hearing is closed. The pleasure of the board? CO~{MISSIONER DAVIS: Hr. Chairman, I would make a motion we forward Petition CU-97-26 (sic) to the Board of Counny Commissioners with the recommendation for approval or to BZA, depending upon which of those -- COMMISSIONER PRIDDY: Second. CHAIRMAN BRUETT: There's a motion to approve by Hr. Davis, seconded by Hr. Priddy. Page 32 November 5, 1998 MS. :~3RRAY: Pardon me. Would that include staff stipulation, also? CHAIrmAN BRUETT: Including the staff stipulation? CO~<ISSIONER DAVIS: Thank you, it does. i'm sorry. Thank you. MS. MUR?AY: Thank you. COmmISSIONER OATES: Mr. Chairman, I thought he said ninety-seven something. Isn't it 98-197 ~ COMMISSIONER DAVIS: CU-98-!9. ~R. OATES: I'm sorry. I misunderstood you. CHAI~J~N BRUETT: As recommended by staff. Ail in favor? (Aye.) C}~I~3~N BRUETT: Opposed? COMMISSIONER OATES: Aye. CHAIRM;~N BRUETT: Motion carries. You're opposed? CO:{MISSIONER OATES: No, no. I'm sorry. I didn't get there soon enough. CO~4ISSiONER WRAGE: He's still parking. MR. NINO: Mr. Chairman. CHAIRMAN BRUETT: Yes. MR. NINO: Item No. C, the petitioner has asked for a continuance for two weeks. CHAIRMAN BRUETT: Yes. Is there a motion? CO~4ISSIONER OATES: Mr. Chairman, I would so move. COMI4ISSIONER BUDD: Second. CHAIRMAN BRUETT: Mo~ion by Mr. OaSes, seconded by Mr. Budd Ail in favor? ' (Aye.) CHAIRMAN BRUETT: Opposed? (No response.) CHAI~4AN BRUETT: Hotion carries. Continued. And the final. :~R. NINO: Hr. Chairman, Hr. Gavin Jones is here from 5he HPO. We would like to have him chat with you about pathways and sidewalks for a minute. COMMISSIONER DAVIS: We're going to hear about sidewalks, which seems to be what the issue was with the one we just continued. MR. NINO: Well, you know, what gave rise to the issue is we continually have petitioners asking to deviate from the sidewalk standards. And we have almost perfunctorily agreed that -- that that was the case, that we granted their wish. And nevertheless, the provision in the land development code does call for sidewalks on both sides of streets and that's a decision of the board and should not be lightly regarded. And I thought maybe a pep talk was necessary. CO~{ISSIONER PRIDDY: I gave you one last time. MR. DAVIS: Before Mr. Gavin starts, I think you may remember, Hr. Nino, that this board required sidewalks on both sides of the Page 33 November 5, 1998 street at a Habitat for H~manity project just recently. HR. NINO: Correct. CO:,EdiSSIONER DAVIS: And so that philosophy may be changing, Mr. Nino. CO~4ISSIONER PRIDDY: And in follow-up to that, Mr. Davis, a couple folks in In%mokalee did applaud that decision to have sidewalks on both sides in spite of the fact that the president of Habitat didn't want them. Some folks in the community did. COmmISSiONER DAVIS: Good. Thank you. CO~4ISSIONER OATES: And, Mr. Nino, might you note, we're not all bad guys all the time. MR. NINO: Quite frankly, I think there may be some opportunity to think about something different than the strict application. I mean, there are gated communities, there are very narrow cul-de-sacs, and the question is, does it really make sense to have sidewalks on both sides of a cul-de-sac that goes in and serves no more than si:< or seven lots? But if that shouldn't be the case, then the code should be amended rather than to have it discretionary based on who asks and who prays the loudest. CO~4ISSIONER DAVIS: I'm sure Gavin will sell us on that. CHAIRMAN ERUETT: Okay. Gavin. ~R. JONES: Mr. Chairman, Co~missioners, good morning. My name is Gavin Jones. I am the acting MPO coordinator. I am civil engineer by training, a planner by vocation. I joined the MPO in June of '95. A few months after ! joined the MPO, i became part of a process, part of a group called the Traffic Hanagement Task Force that was looking at provisions in the land development code. I can tell you that engineers as a bunch are pretty opinionated and if someone had asked me personally, you know, what should this community look like as it grows, I could have come back with an opinion, and I had some and I brought them to the meeting. And I can tell you that left alone, the language would have looked different than it does now. And these meetings went on for months. They began in November of 1995 and they culminated in -- in passing by the Board of County Commissioners on October 30, 1996, of -- of a number of different language changes, one of them being the provisions for sidewalks on local roads. And -- and those meetings seemed -- seemed painful to me at the time but -- and found -- and I found myself arguing with representatives of many different interests. And what I handed out to you today includes a list of the people that were -- that were invited to participate in that process. And it includes different types of planners. It includes representatives from -- from neighborhood associations, the citizens advisory committee to the MPO, the technical advisory committee, architects, and -- and through their representatives -- thrcugh their representation b7 consultants from the development community as well. And so I can -- ! can say now at the end of that process, that the language that appears in the land development code was the result of a great deal of time and effort by -- by every possible interest, Page 34 November 5, 1998 you know, competing or agreeing, that we could bring to the table. And -- and that is -- that is the source of the language that's in there today. So -- and I know that -- I know that the applicants will often -- often complain about the need for some of the provisions in the land development code, but, you know, we discussed their complaints in advance of them ever reaching when we were going through that process. ~nd what I have also handed out to you today is -- is just a handful of reminders that sometimes ideas that maybe are opposed while they're in a conceptual stage are embraced once they're on the ground. And so I would -- I would hope that as our community grows, maybe we could -- we could maybe consider, you know, all of the people who might eventually live in and not just the people who happen to be moving into it today and, you know, what they -- what they, you know, say that they want or need and just keep that in mind as these applications come forward. And keep in mind sort of the amount of effort and time that went into creating that language. CP~I~4AN BRUETT: In the coming LDC amendments, are there any changes to sidewalk? MR. NINO: No. CHAIrmAN BRUETT: Nothing right in front of us, then? MR. NINO: No. COMMISSIONER OATES: Maybe we should -- since it was just handed out to us, maybe the suggestion might be that we kind of read this fairly thoroughly and get the philosophy and then discuss this maybe two weeks hence or a week -- two weeks hence or whatever. CHAIRMAN BRUETT: I think that's a fine idea. There's quite a bit in here, Gavin, that we need to digest somewhat. MR. JONES: Yeah, the front page has the list of -- the list of people that were invited to the task force. The pages behind it, one is a description of Mizner Park, which was a pedestrian mall, and you may be familiar that sometimes those are -- those are protested by commercial interests on the grounds that maybe there won't be enough business reaching their door once the street is closed to vehicle traffic. But the idea has been embraced. Behind that is just one sheet which shows a graph that illustrates the -- the approval rating of a light rail system from -- before it was -- before it was opened, the approval rating was rather low, and then how quickly it was embraced by the community once it was in place. The pages behind that describe a series of surveys done on -- on some pathway projects. The page denoted Roman numeral five contains -- contains an indication of the before and after approval rating of just one of those projects. You can see that, you know, when the tz.-~il was proposed, there w-as thirty-nine percent that were opposed to it. ~t. tb~ attitude, once it's in place, the percentage approving is highez. Arm~ lhat the percentage that are satisfied with the project is higher than -- than what you would have -- what you would have e:cpected if the only -- the only thing that you knew was the -- the number of people that were opposed to it before it was on the ground. Page 35 November 5, 1998 CO~4ISSiONER DAVIS: i think Mr. Oates' suggestion -- and i appreciate you coming today, Gavin, is a good one. We can digest this. But you make a good point, Mr. Nino, that there are those unz..c[ue circumstances where it probably doesn't make sense and there should be relief to the petitioner to do away with the sidewalk either on one side or both sides. But I think you and your staff need to keep us honest, too, when you feel strongly that sidewalks -- there shouldn't be relief from the requirement of sidewalks, remind us of that. I know my office is in an industrial park now and the other day I dropped my car off and i thought well, it's two blocks, I will walk. So I walked over. Well, I'm not going to take my life in my hands again like that. A sidewalk on one side of the street would sure be nice. CHAI~u%34 BRUETT: At the very minimum. Gavin. ~4R. JONES: If I could -- if I could just offer one thought that, you know, maybe might provide relief to the need to -- to examine provisions one by one for, you know, for considerations like that, that the most common complaint for, you know, or the mosn co~on argument for waiving a sidewalk which .is on a street which is short and does not serve many homes, that is simultaneously a situation where the burden to the developer is the smallest. That it seems clear cut that on longer streets there would be a need for sidewalks, nobody argues that. But on shorter streets the, you know -- to provide them -- to provide them anyway and just, you know -- and to -- to enjoy unifoz-m application of it without the need to -- to examine each one is -- is a minimal burden just because they tend to be argued for the roads that are shortest in length. CO~ISSIONER OATES: Having a spouse that's a developer, you know, depending on the project, it -- you can add maybe a thousand dollars to the price of the io~ to cover the sidewalk and it really doesn't hurt much. CHAI~4AN BRUETT: They are usually financially driven, those that we see as to whether they be on both sides or one side. MR. JONES: But here -- here is the place where it will be decided, you know, just what kind of a community that, you know, we will look -- we will look like as we grow. CHAIRMAN BRUETT: Well, Gavin, if you could make yourself available to us at the next meeting when we have had a chance to digest this and maybe share ideas once again. MR. JONES: I will. Thank you. CHAIRMAN BRUETT: Thank you. MR. NINO: I just need to remind you. C~IRMAN BRUETT: We need to move on to any public comment. COP[MISSIONER OATES: Mine's not public, but don't forget we're going to meet here the 12th at 5:05. CHA. IRPUZN BRUETT: Yes, we're going to get some public comment Mt{. VARNADOE: For the record, George Varnadoe. The project you just heard -- and you need to recuse yourself, Mr. Bruett, from this Page 36 Nove.mber 5, 1998 discussion -- of tile tract twenty-one and the golf course, the one issue that stands in the way of getting that done is irrigation water for golf course, the not allowed to withdraw any ground water west of U.S. 41 because of salt water intrusion for golf course use. The county's effluence system is stretched now with providing the necessa~f irrigation to golf courses that want it. We are working with the county staff to come up with an agreement to provide irrigation water from the effluent system. However, without being disrespectful, which I am not trying to be, they are approaching this from a purely technical point of view without taking into account it is not their job. The benefits that would be derived for the North Naples community and the community at large if we could delete eight hundred units from the mix, I think this is a perfect route to send a message to the Board of County Co.nur~issioners you'd like to see some irrigation water agreement worked out because of the benefits that would be derived from downzoning this property. And did Gavin leave? Talk about how the community looks, we have a lot of developments in this community that don't have sidewalks that are great communities. It's a typical engineer's approach, straight roads, sidewalk, everybody sets back the same way, a cookie-cutter neighborhood. I like the fact that we can come in here and demonstrate when we can that they aren't needed, and I hope you never give up that right to make exceptions so that we don't -- we don't get in a position where if you were transported to a neighborhood you can't say where you are because they all look alike. Personally I kind of like the wildernesses of this world, an eighteen foot road in there that winds everywhere with nine foot travel paths, pedestrians and golf carts and residents in cars share that. It's a neat feeling. We only have a few units and the roads are winding, and when they say twelve miles an hour, by God, you don't usually drive that fast because of the way the road goes, you have trees right up against the road. That's an entirely different feel from going to a cookie-cutter neighborhood where you have, you know, forty foot right-of-way, four feet of green space, sidewalk, two trees and a house. And I think we need to accommodate both in this -- Pelican Bay doesn't have sidewalks on both sides of their minor streets. They do on the major streets and people use those. They get out and run on those streets. They get out and roller blade and that's where you see them, Pelican Bay Boulevard. When you get on Buttonwood Lane, they have one little sidewalk on one side of the street to get them to the main street. So let's don't ever lose our flexibility just because it's the easiest thing to do. CO~ISSIONER OATES: Mr. Vice-chairman, I would like to make a motion that we encourage the Board of County Commissioners to work with the developers of this piece -- what did you say it was section -- tl~t Lwram%y-one to encourage the use of the effluent for this golf course so ~hat ~¢e might be able to reduce the eight hundred dwelling units that are now projected for this piece of property. COM/~ISSIONER PRIDDY: Second. Page 37 November 5, 1998 COI~4ISSiONER RUDD: Motion by Mr. Oates, seconded by Mr. Priddy. Any further discussion? All those in favor signify by saying aye. (Aye.) CO~4ISSIONEK BUDD: Those opposed? (No response.) CO~4ISSIONER BUDD: Motion carries. COMMISSIONER DAVIS: And, Mr. Chairman, on Mr. Varnadoe's conur~ents on sidewalks, I agree with him and we never want to give up that right to consider and be flexible. But by the same token, I think for us, this is an exercise where we're t~fing to understand the issue better so that we can make a good decision about whether to give the applicant relief or not. So that's where we're at. We want to do the right thing too, George. CO~MISSIONER PRIDDY: Mr. Nino, if you would, before we get to the point of going through this book, the map that's in the future land use e!emen% in the back, i have had some discussion with Barbara Cacchione and I contend that this map is -- is out of date and needs to be brought up to date because I do not believe that that checkerboard or part in the stairstep should be colored any different than the Big Cypress area. MR. NINO: I will talk to her. COMMISSIONER DAVIS: And this is to replace the one we currently have? MR. NINO: Yes. CO~4ISSIONER DAVIS: In its entirety? MR. NINO: That's correct. Again, just a reminder, November the 12th, your first public hearing. CHAIRMAN BRUETT: 5:05. MR. NINO: 5:05. The second one is a week later. That short turnaround is the result of the turkey day and -- COmmISSIONER TRAGESSOR: Is that at 5:05 as well? MR. NINO: 5:05 as well. The DSAC held a meeting yesterday and they have given their final approval. We have really changed eve?ything that they have asked us to change. It really wasn't that much, so we don't have a disparity between staff insistence and DCA insistence. We're all in the same boat. COMMISSIONER PRIDDY: Mr. Chairman, I will not be here on November 12th. CHAIRMAN BRUETT: Okay, Russell. Any other discussion? Therefore meeting is adjourned. Theze bei~:g no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:28 a.m. Page 38 November 5, 1998 COLLIER COUNTY PLANNING CO~.~4iSSiON MICHAEL BRUETT, CHAI~4AN These minutes approved by the Board on , as presented or as corrected TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY DEBRA J. DeLAP, NOTARY PUBLIC. Page 39 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COP[MISSION Naples, Florida, November 12, 1998 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 5:05 p.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Michael J. Bruet Michael A. Davis Edward J. Oates, Jr. Michael Pedone Terri Tragesser Karen Urbanik ALSO PRESENT: NOT PRESENT: Russell A. Budd Russell A. Priddy Gary Wrage Ron Nino, Planning Director Marjorie M. Student, Assistant County Attorney RECEIVED O,t ANN~ S ElliS'lC [,¢: Page 1 November 12, 1998 CHAIRMA=N BRUET: i'd like to call the Collier County Planning Commission meeting to order here on the 13th day -- or !2th day, excuse me, of November. And I'll first off take roll call. Commissioner Priddy is absent and excused. Ms. Urbanik? COMMISSIONER URBANIK: Here. CHAIRMAN BRUET: Mr. Davis? COMMISSIONER DAVIS: Here. CHAIRMAN BRUET: Mr. Budd is also excused. Mr. Bruet present. Mr. Pedone? COMMISSIONER PEDONE: Here. CHAIRYuAN BRUET: Mr. Oates? COMMISSIONER OATES: Here. CHAIRMAN BRUET: Mr. Wrage is excused. And Ms. Tragesser? COMMISSIONER TRAGESSER: Here. CHAIRMAN BRUET: Is there any addenda to the agenda that you know of, Ron? MR. NINO: No. CHAIRMA/~ BRUET: This is just going to speak really on land development code issues and revisions. There's no public petitions. MR. NINO: That's correct. However, I think you ought to know that there are people here that -- COM/4ISSIONER OATES: Use the mike. MR. NINO: Ron Nino, for the record. There are people in the audience who want to speak to an issue that is not part of the LDC amendment package. I don't know how you want to handle that. CHAIRMAN BRUET: I would -- MR. NINO: I don't know if they handed out a package themselves. CHAIRMAN BRUET: Well -- MR. NINO: It could be a public comment. CHAIRMAN BRUET: Yeah, you're going to discuss the issues that are being revised. We'll have our discussion, then ask for public comment and some further discussion, if necessary, and then get the board's general opinion as to whether they should revise support or you know, not support the various issues. COM/4ISSIONER DAVIS: Mr. Chairman, it's my understanding we're here tonight to consider the LDC amendments for this cycle. If there's an additional amendment proposed or'something, that would normally come under our public comment at our regular meeting to be -- considered for next cycle. MR. NINO: That's a good point. However -- CHAI~43%N BRUET: Very good ' MR. NINO: -- this is a public hearing, and to that extent, I'd have to defer to Marjorie. MS. STUDENT: For the record, Marjorie Student, assistant county attorney. Page 2 November 12, 1998 Yes, that's correct. And the other problem is it has -- the ordinance has been advertised as it is. And if this amendment that's going to be -- or proposed amendment that's going to be discussed is not covered by our advertising. So, you know, in any event, it should come in the next amendment cycle. CHAI~iAN BRUET: Fine. And, of course, we're dealing -- we're discussing mainly the issue at hand? Is there a specific issue that you had in mind, or was it just any of them that the public wanted to bring up? COYfMISSIONER DAVIS: No, if it's something other than -- CHAIRMAN BRUET: Okay. COMMISSIONER DAVIS: -- what's been advertised for this public hearing for the Land Development Code amendment in this cycle -- CHAIRMAN BRUET: Ve~f good. COMMISSIONER DAVIS: -- then we have a portion of our regular scheduled meetings the first and third Thursdays of the month under public comment where issues like that can be raised for discussion and inclusion in next cycle. That's the only point i'm making. CHAIRMA>; BRUET: Very good. COMMISSIONER OATES: Yeah, i agree. CHAIP/~AN BRUET: As the =orme_ chairman, Commissioner Davis has had a lot more experience in dealing with all of these issues. If there is someone who had new issues to bring up to the LDC, very simply put, it needs to be addressed in front of the -- in the next cycle and prior to what's been advertised in the public hearing for this specific meeting, okay. Marjorie, did you want to -- MS. STUDENT: Yes, i -- thank you, Mr. Chairman. I had a few prefatory comments. I've been through the official 90-page single-page document, and there are quite a few revisions that need to be made stylistically and the way things are expressed, i don't believe there are any really major issues, but any comments I may need to make, i will raise my hand when Mr. Nino's finished and address that. There is one coming up on 1-6, the first thing that you're to look at, so -- CF~IRMAN BRUET: Okay, fine. MR. NINO: Mr. Chairman, i thought what I would do is while you indeed have a summary, I think it's important that we go through each of the staff reports that deal with the particular amendment. You can indicate whether -- your comments will indicate whether or not you have a problem with it, and if not, we'll just go on to the next item. On page number one and two of your packet, and replacement one and two, is an amendment that speaks to the issue of extending to any aggrieved party. The original one included the planning -- an appeal from the Planning Commission by an aggrieved party. That was in the wrong location. And Ms. Student is going to speak to you additionally about this proposed amendment, but -- MS. STUDENT: Yeah, just a little background on the other item. There's another provision in our code that deals with Planning Page 3 ~ . '. November .12 1998' ' '"' d':th ' ' dQnl~i io~ proced~lre, . ~t amendment' ~ "' " ' taken care of there We cah't p%t IT under interpretations, because'as a matter of law the title and the 'subtitle have to address what's in the body of the ordinance, and it doesn't address Planning Commissgqn's authority, really, under interpretation. So that's why that'.~'n~t in the correct place. But it .is addressed in 5.2.11 that you'll see later this evening. ' Furthermore, the code that I was working from indicates -- I believe it was supplement nm~fuer seven -- that we've already done this. So between now and next week, I'm going to have to check and see if, in the official doc,ument that the clerk has, if that aggrieved and adversely -- I believe it's aggrieved or adversely affected property owner -- or affected property o,~ner, excuse me -- make sure that that language is really in the code. And if it is, this becomes superfluous, because it's already there. CHAIRMAN BRUET: Thank you. MR. NINO: In any event, the first amendment that's before you will extend the ability for any aggrieved party to appeal an interpretation of the planning services director or the chief code enforcement officer of the county. I don't have any problem with that. CO~4ISSIONER OATES: As a matter of protocol, do we -- are we going to approve each one of these, or are we going to approve them in toro, or what's the -- what's your call? CHAIRMAN BRUET: I was looking at that to see if you want to do it on a per section basis or as an individual item. MR. NINO: I think it would be advisable to do it on a per section basis. CHAIRMAN BRUET: Per section? That's what I was thinking. COHMISSIONER OATES: Okay, I then would move we adopt this one, if it hasn't already been adopued. CO~4ISSIONER DAVIS: Well, the official adoption ,will come at our second hearing. MR. NINO: Correct. The way it will appear -- what will happen is, if you don't have any problem with any of these amendments, we will immediately go to the summary that you have and put Planning Commission is okay with this. And if not, then we'll leave that decision to the second public hearing. CO~4ISSIONER OATES: Well, then -- MR. NINO: Or for that matter -- CO~&MISSIONER OATES: -- I guess you can -- .MR. NINO: You can leave them all on -- CO~4ISSIONER OATES: -- leave them all on the -- THE COURT REPORTER: One at a time, please. CHAIRMAN BRUET: Yes. MS. STUDENT: I have a concern about voting on some things this And it's already a done deal, because.if somebody comes to the second meeting that didn't come to the first that might want to address that, it's already a done deal. So that's the only problem I have with taking that approach. Page 4 ............. , illlllll ......................... ,.. November 12, 1998 COI~IISSiONER DAVIS: ~{r. Chairman, i would propose that if any of us sitting up here, as we address each section, if we have a problem with it, we need to raise that issue. And if we don't, then we move on to the next one. CHAI.~; BRUET: Fine. MS. STUDEMT: And I think the final approval needs to be held off 'til our meeting next week for the reasons I stated. CHAI~2; BRUET: I'll just wait for the staff to complete their little summa~f, and I'll simply ask for discussion. If there isn't any, we will simply move on. If there is some, we'll take it from there. ~Ce. NINO: The next amendment item deals with an amendment to the agricultural section, which would require a conditional use for certain intensive agricultural practices. I'd like Susan Murray to speak to that issue in a little more detail. CO~4ISSIONER DAVIS: Mr. Nino, the second -- maybe i'm -- MR. NINO: That's page three on your agenda package. CO~4ISSiONER DAVIS: Because there was the next -- COMMISSIONER PEDONE: The thick one. MR. NINO: The thick one. COMMISSIONER DAVIS: Not the new one you just gave us? PEP,. NINO: No. I will tell you when to go to the new one. COMMISSIONER DAVIS: Okay. CHAIRMAN BRUET: It's on page three, which is labeled page one. PER. NINO: I'm sorry if that's -- COMMISSIONER DAVIS: i'm terribly sorry. MR. NINO: -- confusing. The next -- MS. MURRAY: Susan Murray, for the record. This amendment came about basically as a response to a citizen's request or complaint about a neighboring hog farm. And basically what we attempted -- I don't want to go into a long-winded discussion, but basically what we attempted to do was to identify parcels that were smaller parcels in size that were t?~ica!!y found adjacent to or abutting the urban bounda~f. And typically you would find five-acre agricultural parcels in that area, the larger farms being father out, away from the urban area. What we -- then what we decided to do was to evaluate or look at those type of uses that involved livestock raising specifically -- and that wouldn't just be limited to hogs, but would include cattle and whatnot -- and basically put those in as required as conditional uses. And it's kind of a long story, I'm sorry, I don't want to belabor this, but there's a lot of national legislation, a lot of states are-- looking into problems associated with these large corporate type of hog farms. And right now there isn't a lot of laws on the books that are very specific to limiting these type of uses and placing regulations on these type of uses. There's a lot of research going on with regard to the impact of these uses, the smell, the environmental impact, impacts to groundwater, pollution, et cetera. Page 5 November 12, 1998 Staff sort of felt right now this would be -- would give you all the opportunity to look at a use in detail through the conditional use process and impose specific limitations tailored to that type of use. And that could be limiting the number of animals, setback requirements, buffering requirements, your typical conditional use type of requirements. Later on I think what we'd like to do is take a little more in-depth look and be consistent with what's going on across the United States, especially in the Midwest where these very large-scale corporate hog farms are causing quite a bit of problem with neighboring land uses. So that's basically what we attempted to do at this point. I think our intention is later on to come back probably with some more restrictive legislation, but that involves quite a bit of research. There's a right to farm legislation out there that we have to be careful that we don't cross over, that sort of thing. So I'd be happy to answer any questions. CHAIRMAI~ BRUET: I think it's a very good idea. I think -- I was at a board meeting when a woman from Golden Gate brought this issue before the board, and the board basically felt sorry for her, but really had -- it was out of their hands. They couldn't really do anything about it in the estates. So I think it's a step in the right direction. COMMISSIONER DAVIS: Susan, this -- I can appreciate this, there's some ag. lands north of Radio Road and there's some ag. lands scattered out in the -- what I'd call the urban estates. But this would also apply on out like off 29? MS. MURRAY: Well, it's based on parcel size, and I guess the implication is that the larger the piece of property you have, hopefully you would be -- first of all, you would more than likely be in a -- surrounded by other agricultural uses. Second of all, hopefully your larger land area would create'natural type of buffers between you and other properties. So the idea was to gear it towards those smaller parcels that were probably more than likely located near urban areas and would have a greater impact. COMMISSIONER DAVIS: But it in fact would apply to agriculturally zoned land anywhere in the county. MS. MURRAY: Correct, correct. COMMISSIONER DAVIS: You don't foresee a problem out in the hinterlands where someone might own 20 acres and want to do some of these things that we really wouldn't care out there? MS. MURRAY: Well, I think we would care. I mean, as far as pollution and water -- pollution to the water, groundwater, that sor~ of thing, smell. I mean, I think those are going to be inherent, no matter what the size of the land is. I just think at this point this was kind of the best way we could target those lands close to urban areas, but I still think we need to look at the impacts further and become even more restrictive in our regulation further on down the road when we get a little bit more research under our belt. Page 6 November 12, 1998 CO:.~.IISSiONER DAVIS: Are you saying that possibly Collier County might not be a hog farming county? MS. MURRAY: It's possible. MR. NINO: I think the effort here is that if you own 20 acres or less and you're trying to conduct an intensive farming activity, you're more than likely to be near some housing. I mean, you just don't go into big farming on 20 -- 19 acres of land. And as Susan's pointed out, I think this is our first step in the door to addressing what will probably be -- increasingly become the bigger problem and that's corporate farming and its significant impac~ that it imposes on the landscape. However, this recognizes that if somebody tries to intensively do agricultural on less than 20 acres of land, they're probably going to be a problem to a neighboring area. And that activity would require a conditional use so that those specific concerns that people have relative to that activity can be addressed. COMMISSIONER DAVIS: The point I was trying to make is ! agree, it's certainly not appropriate in the urban area, and there are opportunities for just this to happen in the areas I mentioned. But what I'm wondering about is on out, like in the Immokalee area where a family might have a 20-acre parcel, you know, and the kids are growing some hogs for the fair or something. Do you think that's a realistic concern, or is it not? MS. ~&URRAY: I think it's a realistic concern. I think that -- and what we've tried to do, and maybe it is stretching a little bit, but making the assumption that on a smaller piece of property, the more -- chances are you may have fewer animals, or you may have -- let's say you have five animals versus 100. I mean, either way, you're going to be -- it's going to be more intense on smaller pieces of property, and I think the impacts still need to be addressed. I don't know if that -- if I'm answering your question, but -- COMMISSIONER DAVIS: Yeah. And maybe there aren't that many places where that would cause a problem and they still have the conditional use opportunity. So it sounds like -- CHAIRMA/~ BRUET: That's always -- that's always there. MR. NINO: Even in Immokalee, if somebody is intensively using 20 acres of land, there's a pretty good chance that they're close to a housing area in Immokalee, and the same concerns need to be addressed, whether it's a housing area in Immokalee or close to Naples. COMMISSIONER OATES: Mr. Chairman, I have a little bit of problem with livestock grazing, that you have to have 20 acres. I mean, i can't imagine not having 15 acres in the middle of someplace and wanting to have some cows for some milk or something like that. It ~- seems like -- MS. MURRAY: Well, we did address that. And if you look on page four, at the top of the page there's -- in the first paragraph about the fourth line down, we added this language basically so it wouldn't preclude just the average homeowner who might have a 20-acre parcel or whatever, of keeping livestock for his own personal use. What -- these regulations are geared more towards commercial type of uses or Page 7 November 12, 1998 uses that are bordering on co~erciai type uses. CO~4ISSIONER OATES: Okay, i'm sorry. COMMISSIONER DAVIS: And that language is reflective of what we're allowed to do in the estates. MS. MURP~.Y: That's correct. CF~I~43<N BRUET: Any further discussion? We can move on. MR. NINO: Thank you. Move on to page five, which is an amendment to the agricultural section, which would allow a residence to be built to a height of 35 feet, which ironically is the height that's allowed in the estates zoning district and all of the single-family zoning districts. But somehow or other, somebody thought that if you build a single-family house in an agricultural district, the heights should be less. And obviously that doesn't make any sense. We allow single-family houses on five-acre lots. It should be the same grqund rules, whether you're in the ag. area or in an RSF area. CHAI~dAN BRUET: Any further discussion? We'll move on. MR. NINO: The next few pages have to do with clarifying the application of the -- of densities, and I'm going to ask David Weeks to speak to that. But there's a shortcoming in the whole bunch of sections, and this attempts to supplement all of those things. MIR. WEEKS: For the record, David Weeks of the planning services department. This really falls down into two different categories, and the first of which I would definitely say is a housecleaning type of a matter. The Future Land Use Element of the Growth Management Plan contains a density rating system. When the property comes in for rezoning, that's used to determine what the eligible density is. However, many properties are not subject to the density rating systems, because they were already developed when our comprehensive plan was adopted, or through the county zoning reevaluation program that was implemented earlier in this -- in the Nineties. Those properties successfully completed that program. They had an application of some sort approved based on vested rights principles or compatibility or other provisions, and they.were able to retain their existing zoning. So there's zoning on the ground that allows a density that is greater than what our density rating system calls for in the Future Land Use Element. The housecleaning matter here is you recognize that those 4 properties, already zoned at a density greater than the density rating system would allow, are allowed in fact to develop per their zoning, not the density rating system. The second matter pertains specifically to the village residential zoning district. The same type of a principle where the zoning on the ground might allow a greater density than the density rating system. Page 8 November 12, 1998 The difference is the village residential district for multi-family uses does not specifically say how many units you can have. It does say a maximum of 16, but it doesn't say just exactly what that density is. The previous zoning code, prior to the present Land Developmen~ Code, did specify square feet per unit. And if we applied that same density, we would come out with 14.52 units per acre. Staff's position is it is appropriate to maintain that previous density. There was never an intent to either increase or decrease the density allowed. And that hopefully is being cleared up by the text that is presented to you tonight for all residential districts. CHAIRMAN BRUET: Questions of staff or discussion? Thank you, David. ~uLq. NINO: That takes us to page 12. And what we attempted to do here is recognize that people do build screens higher than -- lanais higher than one story, and this would allow screen enclosures to indeed be two stories or non -- in any event, not greater than 35 feet. CHAI~ BRUET: Discussion? Thank you, Ron. Move on. MR. NINO: Item 13 and 14, you'll recall the last cycle, we amended the RMF-6 section, but we didn't do all that good a job. There were a few things that were left undone. And this section attempts to clarify the distinction between a duplex and a two-family and establishes separate yard requirements for each of those. I think those are generally consistent with the way PUDs are -- development regulations that we incur in PUDs. CHAIRMAN BRUET: Discussion? Move on. MR. NINO: Item number -- page 15 deals with caretaker's residence as an accessory use in the C-l, C-3, C-4 -- in the C-3 district. And it is currently allowed in the -- let's see, the C-2 district doesn't allow it, but all the other districts do allow it, including the industrial. And it's obviously an oversight. Housecleaning effort. CHAIRMAN BRUET: Discussion? Move on. MR. NINO: Item 16-7 -- item 16 deals with allowing window tinting as a permitted use in the C-3 district. Ironically, window tinting is culled out as a C-5 use, and -- in the SIC code, and that didn't seem to make any sense, because we know there are gas stations, for example, that are allowed in the C-2 district that are doing window tinting. And we do -- and we know that there are currently in C-3 districts businesses that are doing window tinting. However, recently, I -- how they got there, we don't know, but recently we turned down a zoning certificate to a person who wanted to do window~-~ tinting in the C-3 district. We said no, it's not allowed. But we will. We agree that it should be allowed and we will attempt 5o expedite an amendment to the code to facilitate that for you. CHAIRMAN BRUET: Discussion? Move on. MR. NINO: Item number 19 I think is pretty self-explanatory. As a matter of fact, there's a whole section of the aeronautics, F~, tha~ says we need to -- we need to provide for variances that are not Page 9 Nove.~ber 12, 1998 allowed -- not extended to -- that a variance is required if you're in an airport flyaway, basically, pursuant to specific FAA code. CHAI~,LAN BRUET: As a variance would apply to -- MR. NINO: Any other -- CHAIRMAN BRUET: Any -- MIR. NINO: -- type of use, correct. CHAIRMAN BRUET: Discussion? Move on. MR. NINO: Item number 20 is an attempt to -- I thought he was here. In discussions with our bicycle path planner, there was concern that we need to do more in terms of providing bicycle spaces at places that people shop. And this provision would require one to provide bicycle parking facilities at a shopping center or any commercial development, and further provides that to the extent that you do that, we'll allow you to reduce the number of cars that you need on a five to one basis. But under no circumstances would we extend it to more than five percent of the required parking. So that somebody wouldn't say well, I'm going to put in !0 car spaces and 100 bicycle spaces. But we simply wanted to recognize that people do travel by bicycle and that provisions should be made for them to be able to park their bicycle. CO~4ISSIONER DAVIS: Does this apply in industrial zoning? MR. NINO: It would apply in all zones.requiring parking, including industrial, yes, it would. COMMISSIONER DAVIS: Have you ever tried to ride a bicycle in an industrial park? MR. NINO: Well, there are people that take their bike to work. I mean, we -- a good example is the industrial park that we're in in North Collier Park of Commerce. I mean, a number of our folks do come to work on a bicycle. CHAIRMAN BRUET: Where is he? MR. NINO: There's a guy back there that does. CHAIRMAN BRUET: Any further discussion? Continue. MR. NINO: Item number 22 deals with the -- and I'm going to ask that -- Michelle Arnold to address this. It's a tightening up on how long you can load and unload an RV and park an RV at a residence. CHAIRMAN BRUET: Excuse me. Marjorie, for one second? MS. STUDENT: I just have one clarification that I think needs to go in there, which says other than right-of-way. I think it should probably say county right-of-way or right-of-way easements. Because if you just say easements, I mean, there are all kind of easements that can go across somebody's property, and I think our intent is to deal with the right-of-way. Is that correct, Michelle? MS. ARNOLD: For the record, Michelle Arnold, code enforcement director. That's correct. The county right-of-ways and right-of-way easements. MS. STUDENT: Okay, thanks. CHAIRMAN BRUET: Thank you. MS. ARNOLD: So we can add that. Page 10 November 12, 1998 This -- the major purpose of this amendment is to, as Ron indicated, tighten the amount of time that a recreational vehicle can be parked in your front yard. Right now the code says 24 hours for loading, unloading, and, you know, preparing for a trip. We found this to be ve~f difficult to enforce, because short of us setting up a 24-hour surveillance, we can't prove it in court if we had to get to that point. We thought six hours would be a reasonable amount of time for preparation for a trip or after a trip, and, you know, for parking the vehicles, as well as anything else that a boat or a recreational vehicle owner would need to do. And that would give us enough time as well, to set up a surveillance, if we needed to, within one day, rather than having to wait, you know, a 24-hour period. COMMISSIONER OATES: As a practical question, what happens if they decide that they're going to do it Saturday morning at 6:00? MS. ARNOLD: We have a weekend crew of -- CO~ISSIONER OATES: Do you? Okay. MS. ARNOLD: -- investigators -- CO:<MISSIONER OATES: Thank you. MS. ARNOLD: -- so we do have people working on the weekend. The -- there are some additional changes that need to be reflected in your packet. The word major needs to be strucken (sic through. MR. NINO: You have that in the -- COMMISSIONER OATES: Yeah. MR. NINO: -- replacement package. MS. ARNOLD: Okay, do they have that? I'm sorry. Then that's CHAIRMAN BRUET: Any further discussion? Thank you, Michelle. COMMISSIONER TRAGESSER: This might -- CHAIRMAN BRUET: Excuse me. COMMISSIONER TRAGESSER: Excuse me, this -- just to confirm the thinking of the six hours, this would preclude someone from overnighting their -- perhaps overnighting their -- MS. ARNOLD: If -- well, there are still the provisions for obtaining a tempora~f use permit for the need for a longer stay. If somebody comes to visit you, for instance, in their recreational vehicle, and -- they can acquire a temporary.use permit to park their vehicle somewhere on your property for a longer period, but they would have to get that permit from the Planning Department. CHAIRMAN BRUET: Thank you. Marjorie? MS. STUDENT: Ron, if you don't mind, could I address the next one -- MR. NINO: Yes, sure. MS. STUDENT: -- because what I have in my packet doesn't reflect what we talked about. And this provision in the code about the -- a right of appeal to the board of the staff determination on an insubstantial change to a PUD has caused the county problems. Page 11 November 12, 1998 And the last couple of months we've had a couple of appeals, and we've gotten two lawsuits instead of one out of it. And I believe that if the language is as it's stricken through in your packet without the inclusion of the language that you see and underline paragraph two -- and I talked to Ron and Bob Mulhere about this and they were in agreement -- that we will achieve our purpose in light of the fact that we now have an appeal from any development order that the Planning Commission has final authority on in section 5.2.11 to the board. Because what will happen if this language stays as it is -- first of all, it needs to be streamlined a little bit. Secondly, the board is going to have two appeals: They're going to have an appeal from the staff determination, and then they're going to have another appeal after the PDI, if it should come to the Planning Commission as a PDI, there'll be another one. And quite frankly, I don't think the board wants to see it twice. Secondly, that gives an applicant two points of entry into a lawsuit, and the county has double exposure. And thirdly, i think it's an equal protection constitutional violation to have it in here as set forth, because that way a person who is applying for an insubstantial change has greater rights than a person applying for a variance or conditional use or any other type of approval where there's criteria that staff applies. That being they have a right of appeal to the board from the staff application of the criteria to their petition in this case, but not in a conditional use or a variance or a rezone. And I think there's an equal protection and due process problem there. So for all those reasons, I would recommend that the stricken through language remain as it is, and 5.2.11 will control as amended to allow the appeal from the Planning Commission's final order on the insubstantial change to the board. MR. NINO: Let me clarify? You're saying that the stricken -- we should strike -- should we strike through number two and forget the new two? MS. STUDENT: Yes. Leave the old two stricken through as it is, and forget the new two. MR. NINO: And forget the -- MS. STUDENT: Because you and I, Bob, talked about this. MR. NINO: Yeah. MS. STUDENT: Because we do -- 5.2.11 will take care of it with an appeal to the board from your decision on the insubstantial change. And at that point, the individual could make their pitch, if you will, at your meeting on the insubstantial change and say well, staff di~ do this right or do that right. And then if you still vote on it the way the staff recommendation goes, they can appeal that to the board and then they can say to the board, you know, this isn't right and the Planning Commission didn't consider it. So they still have -- you still have what you have here. It's · just you have an extra proceeding that you don't have for anything else, and the board's going to see it twice. And quite frankly, I Page 12 II ro i .... November 12, 1998 it, don't think the board's going to want to see it twice. MR. NINO: So this will come back just as a strike through? MS. STUDENT: Yeah. And we'll have a situation that we have right now where we've got two lawsuits going on. One matter, one from your decision and one from the appeal to the board. And at the appropriate time we're going to move to put them together, but it just doesn't make any sense. CHAIRMAN BRUET: Very good -- COMMISSIONER OATES: Are you saying that -- then as I am hearing I'm not sure that I'm hearing it right, but that section 2.7.3.5.2 MS. STUDENT: 2. COP[MISSIONER OATES: -- should not have any paragraph two? MS. STUDENT: Right, it should just have the stricken through language at -- just the stricken through language. COMMISSIONER OATES: So there should be no paragraph two then? MS. STUDENT: Right, uh-huh. CHAIRMAN BRUET: A point of interest. Which decision of ours is being appealed, or is still active? MS. STUDENT: King Richard's. COMMISSIONER OATES: Oh. CHAIRMAN BRUET: Okay. MS. STUDENT: And we had another one almost come up, but it was settled, and that was the Southpointe Yacht'Club. And we almost had the same thing come up again, but it was, you know, at the last minute settled, so it went away. And we would have had the identical situation again. CHAIRMAN BRUET: But the board heard the King Richard's Park issue also, right, and they ruled -- MS. STUDENT: Yeah, and on the appeal of that item to the board, they agreed with staff, and that came after your meeting, if you recall, and we were sued on the appeal to the board as well. So we have two lawsuits, one from your final decision and one from the appeal to the board. And this language in here caused that. And i can't see any point to it when -- with the amendment to the general Planning Commission section we had the appeal to the board from the final order. That streamlines the process. CHAIg_MA_N BRUET: That's more than adequate. Yes, Terri? COMMISSIONER TRAGESSER: Marjorie, we had a situation up in North Naples, and let me just kind of run through that, and you tell me how this scenario fits into it. We had a petitioner that came in with an insubstantial PUD ~- deviation, a change. And we had a community of people in a surrounding area that did not find favor with that petition. They came to the Planning Commission and at the Planning Commission level they were not successful in keeping that change from occurring. Now, given these changes, where would they be in this process? MS. STUDENT: Okay. They could appeal the Planning Commission decision to the Board of County Commissioners. And if you look -- Page 13 III I I I I ........... ~.,,~1 ............. I II I .... ll~l iii i November 12, 1998 it's further back in your packet. But section 5.2.11 provides that wherever the Planning Commission has final order authority, as is the case with the insubstantial change and other things too, there is a right of appeal to the Board of County Commissioners now. So then what those property owners would do would be to appeal that to the board. COMMISSIONER TRAGESSER: That mechanism is in place. Thank you. MS. STUDENT: So they have some due process before the board. COMMISSIONER TRAGESSER: Thank you. MS. STUDENT: You're welcome. CHAIRMAN BRUET: Any further? MR. NINO: The next few -- the next many pages, you know, they're not that many changes there in the real word, but given our requirement -- as a matter of fact, that applies to most of what you have is really not change, it's just a repeating what's in the ordinance, because that's what we have to do. And with me is Joe McHarris, who is the'original architect, original drafter or crafter of the architectural regulations, and, you know, they have been well received nationally. We won a prize, thanks to Joe. And I'm going to let Joe do his thing. MR. McHARRIS: Thank you. It's just been about just this week or so two years since the implementation of this, and it's still getting a lot of hoopla, so, you know, congratulations to our community for being a model for other communities. What we have presented before us is basically a recap and a reworking of the document to add anything that we've missed and clarify anything that might have needed clarification after doing over 200 buildings in the county. And with that, if you've got any questions, then we can move forward through the document. CHAIRM3kN BRUET: Does anyone have any questions -- MR. NINO: We did have a few problems with the first draft. You received additional -- new copies. And I could go over the specific pages, if you wanted me to. However -- CHAIRMAN BRUET: Does the board want to address each issue, or -- COMMISSIONER OATES: No. CHAIRMAN BRUET: -- or is there anyone with specific concerns? Marjorie? MS. STUDENT: I just need to state for'~he record -- and I'm going to have to get with Joe on this about the illustrations -- there are some additional illustrations, and there were some that weren't in here. And I don't know if some are coming out and new ones are going in, but we're going to have -- it's just a housekeeping issue. We're- going to have to do some renumbering, and it's going to be a pain, so -- I'm going to have to talk to Joe about that, though, in the course of the next week or so. That's all. I 'just wanted to do that for the record. CHAIRMAN BRUET: If there is no further discussion in section two MR. NINO: Mr. Chairman, we do have people who I think want to Page 14 November 12, 1998 speak -- CHAIRM~ZN BRUET: Yes, i was going to -- I~R. NINO: -- to this issue. CHAIRMAN BRUET: -- ask for public comment now. We have completed section two, and should anyone from the public care to comment, please step to the podium. You're just reminded that you have five minutes to speak. MS. MITCHELL: I didn't sign the thing to speak. CHAIRMAN BRUET: That's okay, ma'am, come up. MR. NINO: John DeSesa, Mark Miller. THE COURT REPORTER: Could you spell your name for me, please? MS. MITCHELL: Yes, it's L-A-U-R-I-E. Mitchell, M-I-T-C-H-E-L-L. Going back to LDC section 222 and 223, I'm hoping that in consideration of best management practices should be a component of the conditional use for the -- MIR. NINO: Ma'am, you're in a different section. MS. MITCHELL: I know. Well, they didn't ask for opinion when they finished. MIR. NINO: Whatever you want to do. CHAIRMAN BRUET: Section two. MR. NINO: This has to do with the agricultural provision. CHAIRMAN BRUET: Section one? COMMISSIONER DAVIS: Of the 20-acre deal? MR. NINO: The 20-acre deal, yeah. CHAIRMAN BRUET: Well, that's still in section two. MIR. NINO: I thought we were dealing with the ag -- architectural requirements. CHAIRMAN BRUET: No, the entire section two. No, ma'am, you're fine. We asked for entire section two. MS. MITCHELL: Okay, okay, thank you. Good evening. I come to you as a public citizen and as a member of the Collier Soil and Water Conservation District. I understand that planning is a science. I believe by planting my tree farm, no pollution is coming off of my property. I have implemented best management practices, but it always -- hasn't always been this way. I admit, at one time I dredged and filled my land to water my trees, but now since I've instituted best management practices, I don't waste any water. And by conserving water and implementing best management practices, I'm getting the highest and best use for my land. I feel that the county benefits from this in the long run. Currently what's in place is not working to eliminate or prevent pollution, runoff or discharge from neighboring properties. I believe small operations need to implement best management practices in -- agricultural zoned properties. Even a single-family home permitted in ag. zoned land are sometimes disguised later, only to apply for agricultural exemption, with no commencement notice requirements to put the county on notice of agricultural use. I feel that a commencement notice would encourage best management practices, and it would discourage misuse in our agriculturally zoned lands. !~ Page 15 November 12, 1998 I think that sometimes exemptions are sometimes given erroneously, and I understand it takes three years to remove any property from agricultural exemption status. This makes other property taxpayers pick up the slack for an unwarranted tax exemption. I just want to thank you for your interest and consideration of the protection of our most valuable resource and our property values in agriculturally zoned land. Thank you. CHAIRMAN BRUET: Thank you. Next speaker? If you could just please stand over by the wall so when one speaker's done, the next can step up quickly. MIR. MILLER: Good evening. My name's Mark Miller. I'm owner of Sunmaster Awning. And I'm referring to the section, I guess, as 283542, awning standards. I'm going to take each one as a paragraph. I'd just like to take each sentence, because they're kind of diverse and I can answer each sentence a little bit better. The first sentence says av~ings shall be used over building -- awnings shall only be used over building openings, in other words, windows and doors. And i think that that's a very restrictive standard for us to try to live by. Awnings provide rain cover, walkways, decorative architectural treatments to buildings. Only being able to put them over windows and doors is so restrictive that -- an awful lot of building owners, commercial properties, businesses, like to have awnings on the side of the buildings to help people get to and from their building. It gives you shelter from the sun, it gives you shelter from the rain. So I think that's a very restrictive part on our business, and I don't know what you do about that, but I'm voicing my opinion on it. The other thing was awnings shall be sized according to the opening to which the correspondent (sic) shall not extend more than two feet on either side of the opening. The question is why. Why limit the design character of awnings? Windows are sometimes spaced at odd intervals, and making -- making an a~ing cover can smooth out this oddity by covering it up. So sometimes -- we had a restriction a while back, and we couldn't make awnings any wider than 10 feet -- or 12 feet, it was. So the first time we go out to a job site, we find a window that's 13 feet. Well, that kind of restriction didn't fit. So we worked winh the county and got permission to do it. But if we had to do this on every awning that we go to get a permit for, it makes it really restrictive. So it limits the creativity of putting an awning on. If you want to keep awnings from being run down the length of a- building, then say so. That would be okay. Making all awnings two foot -- no more than two foot beyond an opening makes them all the same and stops the creativity. The next line was awnings shall not cover more than 75 percent of the facade. We don't have a problem with that. Next line was awnings shall not have a bottom soffit panel, nor shall they be back bit -- or backlit is what that's supposed to read. Page 16 November 12, My question is, on the first part of that, awnings shall not have a bottom soffit. Why? A soffit panel finishes off an awning, it creates -- it covers the framework. Awnings make grand entrances to hotels and offices. Leaving a soffit or a liner off is unfinished. Compare any other building material surface. So if we walk up to any other building, let's-s~f a mason~f building, an entr!rway that looks very finished from the outside, and when you look up inside it, you see nothing but the metal rafters and then the evenness of the guts of the construction, so soffits are used eve_-~fwhere to cover this ugly portion of the construction. Why, when it's not even seen from the outside or the street side not allowed? I have a couple of examples, like The Inn on Fifth Avenue and the Ritz Carlton both have soffit panels in their awnings, and it makes a very pretty area. I don't understand the ruling on that. Backlit av~ings, versing that -- addressing that, can be very attractive. Lighting can be done from the top, the side, the front and the right and left side. BuU why not internally? Lighting on stop-and-go gas stations now are lighted with millions of candle power so you're blinded when you drive by.' Compare this to any a~ing that is backlit. The light is diffused because iu's coming through the fabric, and it's filtered. It gives a nice, soft appearance to it. What I'm asking you is that you address a~ings as you would any other building material. Don't put restrictions on tasteful creativity in our industry. And I think that if you look at a,~ings as you would a stucco band on a building or stucco soffits -- Naples Shopping Center -- Naples Plaza Shopping Center has a metal mansard roof running the whole length of the whole shopping center. That is no different than having an a%~ing run the full length. And all of a sudden we can't do that under these type of rules. So that's all I have to say. Thank you. CF~I~4AN BRUET: Joe, would you care to address a couple of the gentleman's comments? And perhaps what is in order is you to probably here in the near future get together with Joe and hash out a few of these things, i'm sure he would -- [iR. MILLER: I've done that -- CHAIRMA_N BRUET: -- enjoy your input. ,MIR. MILLER: I'm sorry. CHAIRMAN BRUET: Excuse me. You've already done that? MR. MILLER: When Joe was working for the county, I did thau. CHAI~4AN BRUET: Yeah, okay. Well, he's still available to do that. MR. McF~RRIS: MR. MILLER: MR. McHARRIS: Absolutely, absolutely. Good. On one of these points I think he's absolutely correct. And maybe there should be a little verbiage change here, is that it should be the aggregate of the windows so that you could pull four or five windows together, as long as it did not go more than 75 percent. So the terminology there is correct. You know, the bottom soffit, we can discuss that. I still feel Page 17 166 November 12, 1998 that the intent of a back!it sign or an awning is to use it as a larger sign, and that kind of skirts some of our other issues within the county of trying to get bigger signs. i'd be more than willing to work something out, absolutely. We want to make sure that they're part of the team, too. CHAIRMAN BRUET: Yeah, it sounds like it was pretty restrictive in the industry, so we should really get together. So if the two of you could set up a date here sometime soon and go through these, we'll hear these a week from -- CO~4ISSIONER OATES: Today. ~ MR. NINO: Today. CHAIRMAN BRUET: -- today and we'll see where we are at that time. MR. MILLER: Great. CHAIRMA~ BRUET: You have a week to do that. MR. MILLER: Thank you. COMMISSIONER DAVIS: Joe, if I could ask you a question. And you know how I make my living, with signs. And I don't disagree with you on backlit awnings for signage. But what's wrong with back lighting an a,~ning if in fact you're not allowed to put signage on it? In other words, to provide some -- MIR. McHARRIS: Well, I mean, that's why we're going to get together, so we can look at the pros and the cons. I'm open to all aspects, as long as there is a little bit of control. What we get scared of is like Dragon Plaza, up in Lee County and some other of those, that non-scrupulous a~ing makers, as opposed to these folks here who obviously care about their community would never, ever do, and we know that. CHAIRMAN BRUET: You did that very well, Joe. MR. McHARRIS: Thank you. CHAIRMAN BRUET: Thank you. COMMISSIONER DAVIS: I'd be interested to know how the other board members feel about that. The idea of an awning lighting up at night, I think Mr. Miller makes a good point, that that can look pretty attractive -- COMMISSIONER OATES: Yeah, it can look -- COMMISSIONER DAVIS: -- and I wholeheartedly agree, there -- we can have that in the code. But let's have a prohibition against -- on any backlit awnings, there being any signage whatsoever. Because I think that eliminates everybody's concerns. COMMISSIONER OATES: That accomplishes both of your things. COMMISSIONER DAVIS: Well -- COMMISSIONER OATES: He gets his lighting and you don't get a sign. COMMISSIONER DAVIS: Thanks a lot. No, Joe's exactly right. I mean, you drive south Lee County, it looks terrible, no question about it. CHAIRMAN BRUET: For sure. Thank you. MR. DeSESA: John DeSesa, Coastal Canvas and Awning Company. CHAIRMA_N BRUET: Could you spell your name, please? Page 18 Novenfoer 12, 1998 FIR. DeSESA: Sure. D-E-S-E-S-A. One of the points I'd like to mention is I do agree with most of what Mark has said. If the a~,~ings are restricted to windows and doors, then that kind of eliminates restaurants from having patio awnings and resorts from having walkway awnings. PLR. NINO: That's true. MR. DeSESA: There are many parking areas that want to have covered shelter. So what are their options, a metal roof? A canvas awning is a nice effect. COMMISSIONER OATES: Yeah, I agree with you there. MR. DeSESA: The other point on the backlit awning, our industry has evolved over the past 10 to 15 years, and has led the awning manufactures into the sign indust~f. Amd I agree with you, that there are a lot of a-~ings in Lee County that are not that nice looking, the backlit armings, and i think that there maybe should be a review board that would be able to review a backlit awning that would have signage on it. I don't think that that should be eliminated, because there can be some nice awnings that have signs, lettering on it. And I think you're restricting the business owner from the advantage of having an illuminated awning, provide light, provide advertisement, provide shade, provide weather protection, that can do all that with one package. And I would like to be involved with Mark, you know, when he meets with Joe. CH~I~-~ BRUET: You certainly can. !~.. DeSESA: Okay, thanks very much. CHAIRMAN BRUET: Very good, thank you. FLR. DENTON: I'm Alan Denton, Naples Awning. And I pretty much concur with what Mike has said and John, and I also would like to meet with the architect when this committee gets together. CHAIRMAN BRUET: Alan, you sure can. I'm sure he'll be -- CO~MISSIONER OATES: You've got a lot of visitors, Joe. CO~_ZLMISSIONER PEDONE: They outnumber you. MR. McF~RRIS: Can I just say one thing? C5~.I~4AN BRUET: Sure. MR. McHARRIS: The intent of this was to clarify a lot of the problems that were there, and we'll even clarify it further to make sure that the industry is involved. CO~4ISSIONER OATES: Don't forget, we need it by next Thursday. MR. McHARRIS: No problem. MR. PELLETIER: I came here for one other reason, but then i found out about this agricultural, the 20 -- THE COURT REPORTER: Could I have your name, please? MR. PELLETIER: Yes, my name is Ray Pelletier. And it seems very -- I'm very concerned about this, because three nurseries now that are under five acres, and now we're going to go to 20 acres? Is that my understanding now? CHAI~4AN BRUET: Ron, could you clarify'that for him, quickly? 2.2.2.1. MR. NINO: No, that doesn't apply to nurseries. It applies to -- Page 19 November 12, 1998 MS. STUDENT: It says nurseries in the language. It says -- unless I'm reading it -- maybe it means -- MR. NINO: No, it says dairy -- no, it doesn't apply to -- it only applies to dairying on parcels 20 acres in size or greater, ranching on parcels 20 acres or size -- or greater. And the onher things stay the same as they've always been. MS. STUDENT: I see, it's -- MR. NINO: I know it's difficult to read that. MS. STUDENT: It's because -- MR. NINO: You and I have talked about that. MS. STUDENT: -- of the semicolon. The semicolon means there that that limiting language about the 20 acres in size doesn't apply if it doesn't appear between the type of activity and the semicolon. But, for example, where it says ranching on parcels 20 acres in size or greater, it would be there, but not on beekeeping, groves or nurseries. I see. Thanks, Ron. CHAIRMAN BRUET: So less than 20 acres -- COt<MISSIONER OATES: I was confused earlier, so -- I mean, agree with this gentleman. Maybe it could be rewritten a little bi~ or something? MS. STUDENT: I think one way to rewrite it might be to take dairying and ranching. I think those are -- and animal breedinc, raising -- COMMISSIONER OATES: Bring them down below or some -- MS. STUDENT: -- and put -- group them together -- COMMISSIONER OATES: Yeah. MS. STUDENT: -- in another sentence -- COMMISSIONER OATES: Yeah. MS. STUDENT: -- and say that it applies to these activities, the 20-acre or greater in size, and that would clear it up -- MR. NINO: Yeah. MS. STUDENT: -- so there wouldn't be any confusion, because confused me somewhat, too. MR. NINO: Yeah. We'll have Marjorie Turner tell us of than. MR. PELLETIER: I'm still confused. MS. STUDENT: Let me explain. Ray, if we -- because if you see the word nursery and you see the semicolon there, it doesn't have any limiting language in it. So with ~he next thing, it says ranching on parcels 20 acres in size or greater, and then there's a semicolon, that only relates back to ranching, because~the semicolon separa5es each thought. But what we're going to do is take those activities which are dairying and ranching and then animal breeding, raising, training or~- stabling or kenneling, take those three out and put them in a new sentence that -- so it's clear that these other activities don't have the 20-acre limitation on them and those that I just named do. So that will clear it up. MR. PELLETIER: Okay. CHAIRMAN BRUET: The point is, it's not intended to affect nursery. Page 20 November 12, 1998 MR. PELLETIER: Okay. it just got me a little nervous there. C~3~Ip~V~XN BRUET: ! can understand. CO~ISSIONER OATES: I can understand. MR. PELLETIEK: Okay. The other thing was, is that I thought i followed procedure on this red folder that's in front of you, and was instructed that I did. I have letters dating back to August with regards to this issue to the landscape architect in Collier County, and had ongoing conversations with Mr. Nino with regards to same. I've been to an advisory board meeting that actually didn't happen. There was only two landscape architects there, the county landscape architect, and i guess that got all disbanded. But two of the architects that are in opposition to my position are here tonight. So it's not like I'm t~fing to get something by without advertising it, and I would ask for an exception. CHAI~4AN BRUET: I'll need to yield to Marjorie. MS. STUDENT: Yeah. Well, since it's a public hearing, I guess that's okay. But the point is, that if it's put in here, it's already been advertised this way, and we have a problem. And it could be -- I think you could hear it now, but we'd still have to defer it to the next cycle. CHAIRMAN BRUET: To the next cycle? MS. STUDENT: Because it wasn't advertised. And the law is very clear about what must be advertised. And if it's not in the advertising and it's ever challenged, it's void from the get-go and it's no good, so it's better to, you know, be penny wise and pound foolish. COMMISSIONER 0ATES: Mr. Chairman, can we recommend that this definitely become a part of the Land Development Code -- MS. STUDENT: I have -- I have to make some legal comments about it. CO~ISSIONER 0ATES: Well, i mean, that it at least be considered for the next -- MS. STUDENT: Oh, absolutely. CHAIRM3kN BRUET: Yeah, for sure. MS. STUDENT: And I think ~t's -- i think you can let Peiletier make his remarks, too, since -- CHAIRMAN BRUET: Well, as a public hearing, yes. You'll have five minutes, but please understand, we'll take no action on it. M!q. PELLETIER: I understand. CHAIRMAN BRUET: Okay. MR. PELLETIER: Thank you. As I stated earlier, my name is Ray Pelletier. I'm here to request that you amend the Land Development Code to allow certified landscape designers the ability to submit landscape plans to the county as part of the SDP review process. My first document in your packet is my request. The second document is the code change that was made in '96 that eliminated people from -- other people that were exempt from licensure from submitting plans. I provided this for the new board members that may have not had the history that you guys have had. Page 2 1 November 12, 1998 What happened was not specifically as a result of what happened here in Collier County, but what was happening throughout the state, and to provide a place for students that were graduating with degrees in landscape design, two and four-year degrees. The legislature saw fit to provide a definition and an exemption under Florida Statutes. My request here today is not to try to enforce it or implement that on you guys. I'm just bringing it to your attention because I brought it before the Board of Collier County Commissioners, and although what was passed was not exactly what -- what I submitted to them is not exactly what was passed, the actual bill that they supported did pass. And that's the actual documents here for you to see. ~at my request is, is that you allow certified landscape designers to do this. We have a certification process, and I have two documents in the packet here that outline that process. In addition, you should know that there are landscape architects on the review board that review the plan. The president of the association is a landscaped architect herself, so it's not like we're being reviewed by unprofessional people. Whereas, Mr. Nino put in one letter where he denied my request to put this into the package or put it in -- or support my position as a self-serving organization. We are self-serving, like most organizations are. But what the State of Florida said is if you want to go out and do landscape design, go ahead, do it. If you want to become certified, then go ahead and do it. We're no~ going to place any regulations on you, because you're not a health, safety and welfare threat. So it's less government and it basically provides a little window of opportunity for us to make a living like we've been doing in the community prior to '96, and communities throughout Florida. So I would just ask for your consideration, if there's -- like Mr. Bruet said, is there no possibility for this time around? I've been, you know, put out of this part of my business for quite a long time, and I'd like to get back into it as soon as possible. So there is a way around that. I've been aboveboard with not only the development staff, but also the architects, and they are here and they are the most concerned -- or at least two of them are here. So if there's any way possible, I'd appreciate it. Thank you. MS. STUDENT: I think that we'd like some time to investigate this, because I think some of you remember the discussions before. The thing to remember is the landscape architecture law is a licensing law, and that's a different purpose than what our code is -- about, in a sense. Because that's who has to be licensed and who doesn't. And again, our code provides for -- I'm not sure if the term, you know, from memory was landscape plan or whatever, but there were some public health, safety and welfare issues, if you recall that, sight distances and other things. An~ that was the reason the county did that. ~ There's also a letter -- I don't have it but I've seen it from Page 22 November 12, 1998 the Landscape Architect Association of this state that -- where a local govermment has chosen to require that landscape architects submit the type of -- prepare and submit the type of plans that we review for SDP, that the change in the law that Mr. Pelletier addresses in no way affects that. And I think the risk we run is that -- and I just have to tell you this to, you know, let you know what the risks are. If we put in the language about the landscape designer, we run the risk of being sued by the landscape architects. Because we've gone -- you know, we may have gone beyond what the law allows, so to speak. So there is that risk. And the other thing about this is I think there's really no definitive -- there's no court case really on it. There is an AGO, but it speaks to other things, and it's not a very well worded AGO. And it might be well if Mr. Peiletier wanted to pursue it, because you just can't ask for an AGO. The Board of County Commissioners has to vote on it and approve that an AGO is asked for, which is an attorney general opinion. And that might be one way to, you know[ .finally put to bed this issue. But I think if it comes up in the next amendment cycle, that will give, you know, time to look at this and get some further information. CHAIRMAN BRUET: Thank you, Marjorie. MR. PELLETIER: Can I make a comment? You have an AGO opinion on this matter already, and I gave it to you. I mean, not on the landscape designer issue, but -- MS. STUDENT: I stated that there is an AGO, but each one of those exemptions is different. And that AGO, I have reviewed it and Mr. Weigel has reviewed it some time ago, and it's our -- first of all, it's not that -- it's not that well worded. There's some parts of it that are, you know, kind of ambiguous, but Dave and I reviewed it and we concluded that that doesn't open the barn door for all of this. Because you have to take the statute for what it -- what the exemptions mean, and not place another meaning on what those plans are that the statute intended to exempt. And again, it's a licensing statute. And ours is different. So, you know, that would be one way to solve it, given the language that's in the particular exemption, because the one Mr. Pelletier is addressing has to do, I believe, with engineers and that's a different exemption. So that's what I -- that's the way to definitively settle it, because as I've stated, the county runs a risk, if we put the landscape designers in there, of being sued by the landscape -~ architects. So I'm just telling you that. I have to tell you that as your legal counsel. CHAIRPERSON BERRY: Ray, the saga goes on. MR. PELLETIER: I'm sorry it's taken so long. CHAIRMAN BRUET: No, that's okay. This is your right. Thank you. Page 23 November 12, 1998 Any further co~ents on section two of the LDC under proposed amendments? COI~4ISSIONER DAVIS: Mr. Chairman, while Joe's still here, I'd like to clarify my point about backlit awnings for signage. CHAI~4A~ BRUET: Certainly. CO~4ISSIONER DAVIS: And I feel very strongly about that. And i want the rest of you to understand, if you take a 100-foot long building, what Joe's talking about, 75 percent coverage. So let's just say the av~ing's 10 feet tall, 75 feet long. So you've got 750 square feet that lights up at night, you're allowed a 250 square foot sign because it's a large building, you can.stick that in the middle. Effectively what you've got is a sign three times as big at night as anyone else in the neighborhood is allowed. So I just wanted to make than point before Joe sits down. And I think the a~ming people have some good points, Joe, don't misunderstand me. But on that I think -- I think you and I probably agree. ~R. McHARRIS: Yeah, and I think -- I've had some ideas going in my head on how we might be able to sckmooze the two together, so I think that working with them -- I'm in agreement that that's not fair to the sign industry or the community. COMMISSIONER TRAGESSER: I've seen some treatments that were awnings, but their sole intent was fairly obvious, and that was to get the eye of the motorist. And it's just a -- they're a very bright color, they're huge, they're out of scale with the building. So, you know, I think -- COMMISSIONER DAVIS: Yeah, and that was my point, that if you take the signage aspect away from the awning, then by back lighting them, I think it's going to be done just to create an architectural embellishment on the building at night, not as an attention getter. So I think that's why it's such a key point in the discussion not to allow it. COMMISSIONER PEDONE: Otherwise, it looks like that building with the orange awnings in south Fort Myers. COMMISSIONER URBANIK: I have to mention, though, too, I think another aspect of the awning is also, it's got a functional use with all the rain we get here. I personally think it's a good thing to have an awning over a walkway. MR. McHARRIS: I think we're going to probably clarify that. This was intended for on the building itself. So we will make that known that this is for attached to the buildings, and that awnings outside of that, we'll come up with something else. But this was intended for just applications to the building, so I think we can -- handle all this. CHAIRMAN BRUET: Great Joe. MR. McHARRIS: It's been very enlightening, so it -- COMMISSIONER DAVIS: Hey, the process worked tonight. They all came out and they're going to get with Joe. It's wonderful to -- COMMISSIONER TRAGESSER: No lighting pun intended? MR. McHARRIS: No lightning pun intended. Page 24 November 12, 1998 ~R. HOOK: If I might have just a couple of minutes. I came about the 20 acres, because I was about to buy five acres to do a little nursery on and live out there, and -- CO~4ISSIOMER OATES: Wayne, you need to give your name. MR. HOOK: Oh, I'm sorry, Wayne Hook, for the record. But -- and I wasn't prepared. Ray brought up his packet and everything. I would like to make one comment, that throughout the course of the past year after this first came up, there has been a lot of conversations, a lot of research, and a lot of things have happened with the county -- with the Board of Commissioners, and staff. And I just -- and staff is here, and I'd just like to ask them how they perceive this affecting them now as far as time and everything else. I know Lee County is -- the Lee County Commission meeting this past week is -- most all the comments at the commission, we've got to look like Collier County. We've got to have sign and seal landscape architectural review process like Collier County. Lee County realizes what they have is not working, and they're beginning to target their program after ours. But if staff has got a second, maybe they could respond, or -- to MS. SIEMION: For the record, good evening, I'm Nancy Siemion, Collier County Landscape Architect. And to answer Wayne's question about staff time, there's several reasons why we require landscape architects. And we had discussed this last year, and I can refresh everybody[s memory. We had some concerns about unqualified people submitting landscape plans. And specifically, when unqualified plans come in, it takes an inordinate amount of staff time to review these plans. And as you know, we're extremely busy. And a year ago we had determined that the unqualified submittals that had come in historically took up to five times as much time to review those particular plans. ~ut there's another issue. I think the certification of landscape designers at the surface is a great idea. The problem is the certification is being done by themselves. And that has little merit. For example, license professionals, we are. It's very scientifically done, our licensing. It's done by outside parties. They determine what we get tested for, and they write up the exam and they issue the exam. And it's done through the state. Self-certified groups just certify themselves. And when i questioned them and asked them if I could see what they were certifying, if they were certifying single-family homes or the type of plans that we review, which are like, for example, commercial plans,-- their answer was it's closed, it's confidential. So I don't even know if the certification process would certify the type of plans that we review here at Collier County. So I think there's a lot of problems with the process. I think they're on their way, and perhaps one day when they are acknowledged by the state and licensed by the state, then certainly, I would recommend that we consider them here in Collier County. But at this Page 25 November 12, 1998 time, i would have to recom.mend no. CF~.I~4AN BRUET: Thank you, Nancy. Any further comments on section two? If not, we'll move on to section three, Ron. COI,~4ISSIONER DAVIS: Mr. Chairman, if I could question one more thing with Mr. McHarris. The fencing standards, Joe? MR. McHARRIS: Yes, sir? CO~4ISSIONER DAVIS: Does this do away with the chain link out of Miami that we're starting to see like on Davis Boulevard and elsewhere? MR. McHARRIS: Yes, it does. It re,aires that -- I believe it's 100 feet away from the right-of-way you cannot use chain link fencing or wood fencing, and one reason is is that the chain link fencing indicates a lesser value in the community, and wood fencing is a problem with deterioration in this climate. What it does allow is a ton of flexibility outside of those parameters for the front that would be much more aesthetically pleasing to the community at those distances. Once you get behind the 100 feet from the right-of-way, you can do cJain link or whatnot. But if it faces the right-of-way, you've got to do a little bit of landscaping so it's consistent. COMMISSIONER PEDONE: Will it be retroactive? COMMISSIONER DAVIS: Let me understand this, Joe, because I've got a concern from the street to where the building begins. Is there a situation, the way this is worded, to where you could still put chain link fence? Let's say if the building had a fairly deep setback, you could still end up with chain link fence around the front of the building between the building and the street? MR. McHARRIS: If the building was set back more than 100 feet, yes, you could. But on that same token, you would have to apply landscaping in front of that chain link fence towards the right-of-way. If it does not face the right-of-way, then it applies to all other county standards. COMMISSIONER DAVIS: Is there a problem with adjusting this to where -- MR. McHARRIS: You would like it behind -- you would like it I00 feet and behind the front elevation of the building is what I'm getting. COMMISSIONER DAVIS: Right. MR. McHARRIS: I don't see anything with making it a little bit more restrictive. COMMISSIONER DAVIS: I just think that's going to get closer to where we want to be, it strikes me. MR. McHARRIS: I'm always open to positive suggestions and critical thinking, so I think that's very good. If everybody there agrees, we could make that change to the document. And no, sometimes I try to pull myself back as opposed going all out. Although, you know, they do -- COM~4ISSIONER DAVIS: I'd ask how the rest of you all feel, but I think that's important. Page 26 November 12, 1998 CHAIRPERSON BERRY: To me that's an aesthetic issue, and not you know, I think we should hold pretty tightly. CO~4ISSIONER TRAGESSER: That's why we're doing this. MR. McHARRIS: Okay. CHAI~4A~; BRUET: It doesn't affect the indust~f or the business, MR. McHARRiS: So then my understanding is that then we'll reword it to say 100 feet and behind the building. That way if a building is less, it still has to be 100 feet, and if it is back farther, it still has to be behind. So if the building's 150 feet, this chain link fence has to be behind the 150 mark where the building facade starts. CO~4ISSIONER DAVIS: Right. CHAIRMAN BRUET: Thank you. MR. McHARRIS: Thank you. MR. NINO: Thanks, Bill. CHAIR/~AN BRUET: Once again, we'll move on to section three. MR. NINO: Page 58, amendments to the subdivision regulations. Merely takes care of some reference inaccuracies and changes national fire underwriters to fire expression (sic) ratings of the insurance services. It was brought to our attention by our fire inspectors, and I think it's self-explanatory. CHAIRMAN BRUET: Any further discussion? Continue. MR. NINO: Division 3-3 is a lot of strike-throughs and underlines, but believe me, there isn't that much change there. And I'm going to ask Chahram to explain -- COMMISSIONER OATES: Good Lord almighty. MR. NINO: -- this revision. COMMISSIONER PEDONE: He's not going to do each and every one, is he? COMMISSIONER OATES: No, no. CHAIRMAN BRUET: Please. MR. BADAMTCHIAN: Good morning, commissioners, Chahram Badamtchian from planning services. Under the current code, we have minor SDP, major SDP, major phased SDP, conceptual SDP. You name it, we have it. And basically people, they were getting frightened when we were telling them that they qualify for major phased SDP, for major SDP, and they were plagued (phonetic) then with us to review the project under minor SDP, thinking that minor SDP is easier or goes faster. Basically what we have done here, we did away with all those different types of SDP's, and we have only one kind of SDP, is called SDP. And that's the end of discussion, and it's going to make peopl~- happy. And we made a little bit easier for people with agricultural projects in the urban area, which the codes require the site development plan, now we require site improvement plan, which does not require an engineered drawing. Besides that, there isn't much change. We changed to comply with the revised code sometimes we're using. Now we have what's called Page 27 November 12, 1998 right-of-way code, which is different than what was mentioned our code, which is '97 code and we're using 1970 something code, our old development code. And that's about it. We haven't changed much. CHAIRMAN BRUET: So simply put, there's.no more minor SDP. MIR. BADAMTCHi~,;: No more major or minor or major phased SDP. MR. NINO: Final SDP, period. And actually, I should -- we found that about 95 percent of the SDP's that were coming in were being filed as minor/final. And that seemed like a paradox, a minor site plan and the other one was a final site plan. So in any event, we hope we've streamlined it and it makes more sense. CHAIRMAN BRUET: Marjorie? MS. STUDENT: I just have a comment under number five. It talks about the design of -- I guess it's sidewalks and curve ramps where it says two curb ramps shall be provided for sidewalks. I feel that that -- the site development plan section deals with the process, and this is a regulation. And if you go through where it says -- it talks about design requirements and subdivision section, all that. So i feel that as a matter of law, this section needs to be moved to the appropriate section in the code where you find regulations for that. Because again, we have the problem with the title dealing with the process, and we have a regulation buried in the process, and legally you can't do that. So I don't have any problem, really, with the language of the thing. It's a regulation that just needs tO go in the appropriate place. COY[MISSIONER OATES: Can we move that without -- MR. NINO: That's currently part of the code. We weren't amending that. MS. STUDENT: Oh, okay. Well -- MR. NINO: It's currently part of the code. We were amending that. MS. STUDENT: Then it shouldn't have -- okay, I guess we'll leave it there for now. But really, it shouldn't be there. And I don't believe I was involved in the review and approval of the old site development plan stuff. So thanks, Ron, that -- MR. NINO: Perhaps in the next amendment cycle we can do that. MS. STUDENT: Yeah, I think that's fine then. CHAIRMAN BRUET: Thank you. MR. NINO: I think the next section is again self-explanatory. Strike-throughs and underlines and -- I have Stan Litsinger is here -- CHAIRMAN BRUET: Ron, what page are you on now? MR. NINO: Page 82. MS. STUDENT: Well, Ron, if you want, I can address some of it. MR. NINO: Can you, Marjorie? MS. STUDENT: Yeah, because I reviewed it in excruciating detail, believe me, checking every word of the strike-through against what was in the code. And it appears that the findings section has been removed. And that's okay, because this is the code. This would be Page 28 Nover~er 12, 1998 appropriate in the underlying ordinance, but this is the code. So there's no problem with taking those findings out, since they don't really belong in a code anFway. And then because things were taken out, there has to be some renumbering to references to different sections in there, and than's being accomplished. And also, there are some changes in the level of service, and they are to reflect what is in the comp. plan from -- not the current item that's under review now by DCA, but before that where our C!U was found in compliance. So that's all it does. I think capital park facilities was changed to the dollar figure from 122 to $179 of capital investment per capita. I believe there were some changes on water facilities to reflect -- to take Marco out and reflect others that do need to be in there with their -- let's see, I'm trying to remember what BCPD -- yeah, balance per capita per day. I thought there was another change -- HR. NINO: The one on solid waste. MS. STUDENT: -- as well on roads -- :{R. NINO: Solid wasse. MS. STUDENT: -- on the level of service. Oh, yeah, solid wasse, tOO . So that's what that -- yes, the roads. And that's what that's about. And the definitional section for the different levels of service to reflect changes that are in the comp. plan. So it's really housekeeping and really -- and making this consistent with the plan. CHAIRMAN BRUET: Any discussion? You can move on, Ron. MR. NINO: Page 116. We've already talked about that in some length. As Marjorie indicated, we're now extending the right ~o any aggrieved party to appeal the decision. CHAIRMAN BRUET: Discussion? That completes section three of the Land Development Code proposed amendments. Is there any public comment? COMMISSIONER OATES: Actually -- excuse me, but page 116 was section five. MS. STUDENT: That's right. CHAIRMAN BRUET: Oh, ! beg your pardon. COMMISSIONER DAVIS: i think it's okay, Mr. Chairman, because there is no public. COMMISSIONER OATES: Yeah, there is no public, that's right. COMMISSIONER PEDONE: Unless we want to hear from staff. CHAIRPERSON BERRY: Continue on. MR. NINO: Section 513. 513 is the section that abolishes the -- EAB and creates the EAC. And we have a number of people here to speak to this. Bill Lorenz is first, and Stan and Barbara. COMMISSIONER DAVIS: Mr. Chairman, while Mr. Lorenz is coming up, I'd just like to comment that if you haven't had the opportunity to go out to the St. Elizabeth Seton festival, Mr. Lorenz prepares some of the best beef on a stick you've ever had. MR. LORENZ: And for the record, I still smell like it from last Page 29 NovemJoer i,.i, 1998 night. CO~4ISSIONER PEDONE: When is it over? CO~4ISSIONER DAVIS: Through Sunday. CHAIP~ BRUET: Thank you. Bill? ~R. LORENZ: Yes, thank you. For the record, Bill Lorenz, natural resources director. Yes, the purpose of these amendments are to, as Ron said, consolidate the functions of two existing environmental advisory boards. One is the EAB, Environmental Advisory Board, and the other is EPTAB, the Environmental Policy Technical Advisory Board. These amendments will put those functions together, create the -- one advisory committee proposed to be calle~,the Environmental Advisoz-y Council. And that's the basic -- the gist of the amendments. There are, however, two changes that either Barb Burgeson or Stan Chrzanowski will talk to you about for establishing some different criteria for reviewing projects. And they'll discuss those in a little bit of detail. I'll simply talk about the administrauive side of the house, if you will, on the consolidation. As I noted, the functions are combined. We simply took ~he functions from both the EAB and EPTAB's enabling ordinances and combined those functions. The membership of this new environmental advisory council, however~ is proposed to be a nine-member board. The EAB currently is a seven-member board, and EPTAB is currently 11 members. The qualification for membership, or the membership mi×~ is proposed to be six technical members and three nontechnical members. The technical qualifications are similar to what the qualifications are for the current EAB and current EPTAB, with the exception that the language -- if I can get to it -- there is a number of disciplines that have been identified, which is listed in the amendment. In the current advisory boards, it has language that there be other representative areas deemed appropriate by the board, which is the same language such as -- and this is where we exclude but not limited to a representative of the developmeqt community. We've eliminated that language from the old membership criteria for the proposed EAC. We didn't think that was appropriate to just simply address the development community specifically in this membership criteria, because it does provide the board the opportunity to still provide any other representative areas that's deemed appropriate b7 the board. So it -- it just does not specifically state develop community now. The little bit difference -- another difference for the new proposed -- for the proposed Environmental Advisory Council than our-- current advisory boards is it does provide for a standing subcommittee. And this standing subcommittee will be their growth management subcommittee. The Growth Management Plan currently requires the county to have a technical advisory board to advise for its environmental programs, and the EPTAB was the advisory board that currently has performed that function. Page 30 November 12, 1998 Wha~ we're proposing is that this new advisory -- Environmental Adviso~f Council still be the technical adviso~f committee to satisfy that Growth Management Plan reqTuirement, but we're very specifically making a particular subcommittee of the Envirom~ental Advisory Council standing subcommittee for that function as w~!l. The amendments also provide for an annual report to the Board of County Commissioners. This is a little bit different than other adviso~f boards' enabling legislation. Typically there -- there will still be a quadrennial review, a review eve~f four years, but for the Environmental Advisory Council, we're proposing that in May, that the chairman of the Environmental Advisory Council come before the Board of County Commissioners, provide the board a report of its activities, its accomplishments and what the Environmental Advisory Council sees as issues for the coming year. This was an issue with EPTAB to try to develop a little big more relationship between the adviso~f committee and the Board of County Commissioners, so this was some -- a little bit of different language that would typically be in your other adviso~f committees. We also are proposing that the meeting for this Environmental Advisory Board be the first Thursday of the month at 2:00 p.m. This is different than the current EAB's meeting of the first Wednesday at 9:00 in the morning. Simply to accommodate some internal scheduling changes with the staff. The amendments in front of you were brought before EPTAB, and the Development Services Advisory Committee who approved or concurred with the language change. It was also brought b~fore the Environmental Advisory Board. The Environmental Advisory Board did not have any problems with regard to the administrative setup of the new Environmental Advisory Council, but it did have a couple of concerns regarding some language -- proposed language changes for the review of specific projects. And that's kind of my introduction to either Barb Burgeson or Start to detail those changes for you. CHAIRMAN BRUET: Bill, just one thing. You said the day was a Thursday that the -- I would say -- the board can correct me -- once a year, maybe twice a year, we will go into a 2:00 or 3:00 or 4:00 meeting -- MIR. LORENZ: Okay. CHAIRMAN BRUET: -- on Thursdays. And -- MS. STUDENT: And that's usually when the room is full and you can't divide it into two. CHAIRMAN BRUET: Yeah, we're here, right, because there is ~ usually a very controversial item before us. I might suggest that you look at a different day. The time is fine, but it does happen. And as Marjorie points out, it's usually a day when there's a lot of people here. MR. LORENZ: Okay. We may have to take a look at that. CF~IRMAN BRUET: Okay, thank you. CON[MISSIONER TRAGESSER: I just have on~ question. Page 3 1 November 12, 1998 CHAIRMAN BRUET: Yes. COMMISSIONER TRAGESSER: And I haven't had a huge experience and a3n new on this board, but is it very often that we review a project that comes in before the environmental group does? I know on a couple of them, when we get it, they haven't seen it yet, so, you know, we don't have the benefit of their scrutiny. So does that happen very often? MR. LORENZ: I couldn't speak to that. I would have to defer to planning services. CHAIRMAN BRUET: As Chairman, I can't recall many times. Once or twice perhaps in the last few years. Not very often. MR. NINO: I think it's important to acknowledge that that decision really is up to you people. I mean, you either -- there's no -- there is no chain of command here. In other words, no requirement that you wait to make a decision until the Environmental Advisory Board does. However, since they have a specialized area of juris -- specialized area of training that, you know, presumably you don't have, it's probably usually in your best interest to have your meeting after they have been able to formulate a recommendation on a project. But there may be times when -- CHAIRMAN BRUET: I can't -- COMMISSIONER OATES: Or make a recommendation we approve it subject to their -- MR. NINO: That's right. COMMISSIONER OATES: -- their approval. MS. STUDENT: It -- CHAIRMAN BRUET: Marjorie? MS. STUDENT: On the rare instances that that might occur, it could cause a problem, and it may not. But you're supposed to give a recommendation to the board on the whole package. And if you haven't seen what they've recommended, then, you know, theoretically you have your package going to the board, and what they've recommended -- and what the EAB has recommended. And then the question becomes what weight is the board to give what -- the Board of County Commissioners, that is, or the Board of Zoning Appeals -- because they've got two things going. And I think, you know, from a legal perspective, you should have the EAB recommendation before you to fold into your package to the board. CHAIRMAN BRUET: I think the time it happened was when the board had a quorum problem. This was a few months ago, right? I think the last time I can recall -- MR. NINO: Believe me, we don't set a meet -- a hearing before this board until the EAB is -- if it falls within their jurisdiction. Those that don't require an EIS can be administratively dealt with by staff. So not all petitions go to the EAB. Or EAC. COMMISSIONER DAVIS: Terri raises a good point, though, and I guess it is up to us. And, you know, we have the option to continue the hearing to our next meeting to provide an opportunity for them to Page 32 IIII November 12, 1998 hear it. And ! think there may be times where that's just what we want to do. CHAI~4AN BRUET: It really isn't the petitioner's fault that the process, you know, is not treating him properly. COMMISSIONER DAVIS: Sure. CHAIRMAN BRUET: And we have heard the issues. COMMISSIONER DAVIS: I wanted to ask Mr. Lorenz -- MR. NINO: Go ahead. COMMISSIONER DAVIS: I'm sorry. -- ask Mr. Lorenz about the standing committee. Those are members of this committee. MR. LORENZ: That's correct. It would be members from the EAC. COMMISSIONER DAVIS: Right. And that standing committee would have the same sunshine requirements as the regular board? MR. LORENZ: That's correct. Noticing and meeting in the sunshine. MS. STUDENT: Mr. Chairman, I just have a clarification kind of q/uestion. Under 5.13.2.3, paragraph 12, it talks about proposed stips and project approvals. And I -- just for clarification, should that not be environmental stipulations, or do they in fact look at all of them? MS. BURGESON: I'm sorry, what nu3r~er was that, Marjorie? MS. STUDENT: It's paragraph 12, under 5.13.2.3, under powers and duties of the EAC. And just to clarify what stipulations there are in the development order, I would think it would be environmental, but it may be broader than that. It may be water management, too. I don't know. And that's just a question. MS. BURGESON: For the record, Barbara Burgeson, with current planning. Bill Lorenz has just told me that that language is in here as a compilation of what currently exists, so we're just not changing the language. MS. STUDENT: Okay. MS. BURGESON: And typically, anything that is heard is either water management issues or environmental just by the definition of the Environmental Advisory Board anyway. MS. STUDENT: Okay, thank you. MR. NINO: Barbara's going to speak to those issues that Bill identified that has a problem with the EAB. MS. BURGESON: We made a couple of changes to the combination of the =_AB and the EPTAB ordinances. I'll go through each of those, and then if you have questions about the water management issues, Stan Chrzanowski is here and can answers those questions for you. COMMISSIONER DAVIS: If I could ask you, they are suggesting changes be made to us? Or they have made changes? MS. BURGESON: No, these are changes that staff has put together and is recommending. And the EAB had some concerns with one of those changes. The first is to -- under 5.13.2.3.10, to participate in the review and recommendation process for excavations over one million cubic yards. Page 33 November 12, 1998 CO~ISSIONER PEDONE: What page are you on? CHAIRMAN BRUET: 1237 MS. BURGESON: Yeah, 123. CO~4ISSIONER PEDONE: Found it. MS. BURGESON: 123 . And that's number 10. This is the one that the EAB had some concerns with. They felt that one million cubic yards was too large a volume, and they were recommending that that be brought down 35,000. Do you have any questions? COMMISSIONER DAVIS: Is that staff's recommendation? MR. CHRZANOWSKI: Staff recommended a million. At present we treat all excavations in Collier County the same, all commercial excavations. We define a commercial excavation as anybody that wants to haul their fill off-site. So if you're, say, The Willough Run Quarry doing 30 million cubic yards over the span of 30 years, you're going to be a commercial excavation, and if you're somebody living out in an ag. zone or an estates area where they're digging a two-acre or a 1.9-acre lake in your backyard and you've got a five-acre parcel so you don't have enough room to store all the material on-site, you have to haul it off-site. We treat you the same as we do the Willough Run Quarry. You're both commercial excavations. I think one of their concerns was that we had one petition come in where they thought there might be -- and sometimes people on the board are more familiar with certain areas of the county, so certain areas of the county just get a little more thorough review. They thought there might be burrowing owls on this one site. Well, that probably would have been picked up -- now it would be picked up for sure, because we've made a policy change -- when the environment to the site visit -- they'd see that there were burrowing owls and they'd make sure the person took care of it. But in the meantime, you've got to remember, the EAB only meets once a month on a large project like Wil!ough Run that's going to be around for -- they're going to be going through their review process for a long time. A month is no big deal. But if, say, we don't get a quorum or something like that on one of these small projects, that cost the people an extra month, and to them that's a lot of money. We picked the million acres, because developments in the county, if you've got maybe a 200-acre development, you've got maybe 30 acres worth of lakes. And a 30-acre lake, if you have one 30-acre lake and you dig it to 20 feet deep, you're going to excavate about a million cubic yard~ And the 20 feet is the recommended maximum depth by the South Florida Water Management District. We for some reason have defined in our code that we want lakes be no more than 12 feet deep for private, and we let them go 20 feet deep for commercial. So you can have the same project, say a subdivision somewhere, and be digging a lake, and if you're just a development, you're allowed to go 12 feet deep. But if you go and Page 34 November 12, 1998 spend an extra $850 and get a commercial permit, you can go 20 feet deep. There's no engineering, no environmental logic behind it, it's just strictly a paperwork thing. These -- we're tz-ying to get some consistency in the code. Well, if you have about a 30-acre lake, it's about 1,000 by !,000. And the fetch formula, which is the formula we use for computing the maximum allowable depth of a lake, in 1,000 by 1,000 the formula says you can be five feet plus .015 times the average fetch. The fetch is the distance that the wind blows across the lake, which in South Florida is what gives you the overturn. If you're from up north, you're familiar with the spring and fall overturns that are due to density. Down here, if you don't go through a freeze/thaw cycle, you don't get the density change and you don't get the overturn, so we maintain lake health by wind overturn of the lake, which is where the fetch formula comes in. So a 20-foo5 -- if you're i,000 by 1,000, you're going to be allowed a 20-foot lake. That is what the District recommends as maximum. We will let you go deeper if you have a larger lake, but you have to meet the fetch formula. If you're smaller than that, we still let you go to 20 feet, because you're commercial. We don't let you meet the fetch formula, you just have to be commercial. So we picked the million as a criteria, less than which, since the developments do it and since the district doesn't have a problem with it, we didn't think that the EAB had any grounds, really, for looking at them. You're not -- the worst that's going to happen is you're going to have some burrowing owls on the site or maybe a gopher tortoise or two, some exotic vegetation, and that should be found during the site visit. The lake itself, we don't see that as being -- those kinds of lakes are all over the county. We don't see them as being a management problem or an environmental problem. So we picked a million. They picked 35,000, because they want to be able to review any lake down to -- 35,000 will take you just below two acres, which means that if you're Joe Blow out in the estates sticking a lake in your backyard, the EAB wants to take a look ac your lake. A slight difference in priorities. THE COURT REPORTER: May I have your name, please? MR. CHRZA/~OWSKI: Stan Chrzanowski. C-H-R-Z-A-N-O-W-S-K-I. COMMISSIONER TRAGESSER: Was there any discussion of happy medium? I mean, we went from 3,500 to a million. MR. CHRZANOWSKI: No, I think they wanted all lakes at one point, and they settled on 35,000. But they were ~sking sizes, and 35,000 about two acres. 50,000 -- or 100,000 would be in the neighborhood of five acres. You start running into economy of scales. You get wider, you get less into the side slopes. The smaller lakes resemble more a cone. The larger lakes resemble more a trapezoid, and as you get very large lakes, you know, you're practically -- the bottom is so much in proportion to the top, that you can almost do a vertical calculation, Page 35 November ~? !9a8 but just -- MS. BURGESON: %'~at's a 10-acre lake in cubic yards? MR. CHRZANOWSKI: A 10-acre might be in the order of 250,000, something like that. MS. BURGESON: There's something to red,ember, that even if we had a million cubic yards in here -- and you're talking 30 acres -- if you have a smaller excavation but it takes over 10 acres and there's 10 acres of native vegetation, that will trigger the requirement for an EIS, and that will trigger that that excavation comes to the Board of County Commissioners -- or to the EAC, which is being formed here. If the tract is less than 10 acres, it doesn't have -- or less than 10 acres of native vegetation and doesn't have -- there is a section in the EIS that states that if there~is extenuating circumstances for environmental sensitive property, that it can be required to go to the EAB, or in this case, the EAC. So there are some fallbacks in the ordinance that allow us to take excavations under a million, if we do keep a million in here. It's just that sort of that area between the two-acre and the !0 acres that sort of falls through this. And i~ would be caught by the staff going out and doing the site visits for that. It just wouldn't go in front of the Environmental Advisory Council. COMMISSIONER DAVIS: Mr. Chairman, I think staff's presented a good argument, that I would support the way it's currently written. COMMISSIONER OATES: As would I. COMMISSIONER PEDONE: Yeah, me too. CHAI~4AN BRUET: I was going to do the same, so i won't belabor the issue. COMMISSIONER URBANIK: Same here. MS. BURGESON: On this -- the next item is on page 124, in the middle. I'm sorry, page 126, under 513.6. And what we've done here is we've added a section that allows the petitioner to request a waiver to the EAC. We've found in the past under some of the EAB petitions is that it states that certain things absolutely have to come to the EAB. For instance, properties that are zoned with an ST overlay. Sometimes we go out to that property and we determine, for instance, that we can do an administrative waiver for that, but because it has ST zoning, it still has to go in front of the EAB, or, in this case, the EAC. So we felt that these exemptions were well justified. It's not an automatic exemption, but they can ask for it. And if they qualify, we'll be happy -- I mean, it takes a good deal of staff's time and the petitioner's time to go through the board hearing, so any time that we feel that they justify that waiver, then we'll be glad to issue that.~-- CHAIRMAN BRUET: There was no waiver in the past, Barbara? MS. BURGESON: No. It was -- what was written in the past was requirements that were pretty specific for what needed to come in front of the EAB. And we haven't had too much trouble with those, but once in a while somebody will say I really don't feel that maybe this amendment to the PUD, even though it does require a new EIS, should go in front of the board, and under certain circumstances we agree with Page 3 6 November 12, 1998 them. COM/4ISSIONER DAVIS: Seems like a good change, Mr. Chai~man. CHAIRMAN BRUET: Yes. Yeah, show me that application, Barbara. I'd like to see it. MS. BURGESON: The last change is that'-- the surface water management aspects of the petition, which currently have to go through review by South Florida Water Management District, would be exempt from being presented to the board. If you have any questions about that, Stan can help you. CHAIRMAN BRUET: Any further questions? Stan? MR. CHRZANOWSKI: No, if you had any questions, i'm sure you -- it's self-evident that these things get reviewed to death by the district. CF~IRMAN BRUET: I know it, and I understand. Any further questions? I guess that completes division five, it's called now. Anyone in the public here to speak? Ron, we'll move on to the last six point -- division 6.3, defines a zero lot line. MR. NINO: This -- again this is pretty self-explanato~f. We've had problems with these definitions, and in our opinion, a zero lot line house is a single-family detached house with zero on one side and some of the two on the other side. And people have been calling it everything but, so we wanted to clarify that. We also wanted to clarify the requirement for the setback on the long side of corner lots to indicate that they could be one-half the normal setback. And particularly along Vanderbilt Beach Road. Vanderbilt Drive, for example, you have corner lots that are 60 feet. And if they were both subject to the 25-foot rule, there would be nothing left to build on, so we've cut that -- under this rule, that would clarify that that's 12 and a half feet. But in the estates area, it would never be less than 15 feet, as opposed to 35, 37-and-a-half feet, which would be half the regular setback. So we've been following that rule actually in the estates area for some time, but it wasn't all that clear in the code, so we're just attempting to clarify it. CHAIRMAN BRUET: Any further discussion? MR. NINO: And that's it, folks. CHAIRMAN BRUET: Thank you. Board have any other questions of the staff? Public appears -- COMMISSIONER DAVIS: Are we going to get a whole new one? MR. NINO: Yes. They're supposed to give you a brand new one. --i hope they give it to you in time, though. CHAIRMAN BRUET: Seeing no further business, adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:55 p.m. Page 37 November 12, 1998 COLLIER COUNTY PLANNING CO~.~[ISSION MICHAEL BRUET, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF GREGORY COU~T REPORTING SERVICE, INC., BY CHERIE' R. LEONE, RPR Page 38 Cotllltv Government Prodttctivitv Committee Meeting Minutes November 18, 1998, 4:00 P.M. Members Present Bill Ne:fi, Karl Otto, Bill Et)ben. Ed Fcrgusom John Stockton 1 RECEIVED Corn m i ss io~Lc£ 1~ ar.b:tra Bcrrx Board of Cnunty Cc, vmissi,bne~s ea. COliifl~. rec'd copy Carter Constantine Berry , Members Absent Commissioner Mac'Kic, Bob Cahncrs, Charles Gorier, Bob Laird, Charlie Moss. \\'olfgang Schulz $laff/Guests Gary Vincent (Staff Liaison), Limb .Xlillar (Clerk of Courts. Internal :\udit} Bill Ncal opened the Novcmbcr I$, 199S meeting of thc Coullty Government Productivity Committee (PC) at 4:10 p..x.l. Thc committee must have seven (7) members present to constitute a quorum ncccssau'to take action and conduct business. Thc five (5) mernbers present continued the meeting without taking official action. Ne',,,' Business The members present discussed tile procedures for selecting applicants for appointment to the committee. Karl Otto stated that he would like the selection subcommittee to interviev.' the three applicants for tile tv.'o vacant positions. He wants to ensure that tile applicants recommended for appointment full,,' understand and accept the commitment of time and effort required by members of thc committee. Mr. Otto suggested that thc subcommittee interview the three applicants December 7, 1998 and asked Gar3.' \"intent to schedule a place to conduct the interviews. Nlr. Vincent agreed and added that tile committee's recommendation must specify the position for which the applicant is being rccomn'mnded. One position term expires in February 2000 and tile other position ten'n expires in Fchruar?' 1999. However. tile BCC ,,,.'ill most likely appoint the Feb 99 position through Fcbruar}, 2001. Thc members present suggested that tile committee have a social gathering to welcome new members, sa.,,' farewell to departing members and celebrate the holiday season. After the December 16, 1998 meeting is adjourned (approximately 5:30 PM), the committee members and guests ,,','ill gather at the Ole English Pub. John Stockton asked tile committee how they felt about \Volfgang Schu]z's letter to editor of the Naples Daily News. Bill Ncal stated that Wolfgang had called him concerning the letter and he told WolFgang that he could write a personal letter but not a letter that indicated any representation of the Productivity Committee(PC). John expressed concern tl~at even a personal letter from a member of the committee could be interfered as representative of the committee. Misc. C0rres: Item~ Bill Neal and Karl Otto asked Gary Vincent why Commissioner Mae'Kit and thc County Administrator were not prcscm at the meeting. Nlr. Vincent stated that Nlr. Fernandez ,,,,'as out of town attending a meeting of the Florida Association of' Counties and that he had received a call from Commissioner Mac'Kie's office informing him that she would not be able to attend the meeting. Mr. Neal stated that the contributions made to thc Productivity Committee by both tile Con'm~issioner and the County Administrator were very valuable and helpful. Nit. Neal and tile other members expressed their appreciation of~le Cotmtv Administrator's attendance and insight into count.',' issues. Nit. Ncal asked Gary Vinccn't to send a memo to Barbara Berry. Chairman of the Board of County Cor~m~issioncrs, to inquire which commissioner ',,.'ill be appointed to the PC ill January and to request that an alternate be designated to attend tile PC meetings when the appointed cornmissiormr is unable to attend. He also requested Gary. to send a memo to Bob Fernandez requesting that he send an alternate to the meeting when he is unable to attend. Old Business Bill Ebben stated that he would provide a final report on tile Personnel Evaluation and Cmnpcnsation Plan study at tile Decernber 16, 199S meeting. John Stockton stated that there appeared to be inc(;nsistcncics ill thc way the pa.,.' scale coincides with tile work environment point scale. Mr. Ebben asked Mr. Stockton to coordinate with Jcrre Salmon to resolve his questions. Tile committee requested Gar'>.' Vincent to invite David Russell to tile December mcctin2 to have him provide an update on tile £ollowing county landfill topics: odor rcducimz technology, height restrictions, trucking and £arrn plastic at Imrnokalec. The cmnmittec requested Gar>' V'incent to invite Skip Camp to tile December 16:'~ meetin,.z to have him provide all update on tile Count>' Master Plan. Tile committee is especially interested in a comparison of the cost estimates for tile jail improvements bctv.'ecn the Nlaster Plan and tile V Group study. Tile meeting adjourned at 5:30 P.M. Tile next meeting will be Wednesday. December 16'", at 4:00 P.3I. in tile County Administrator's Conference Room. cc: Commissioner Barbara Bcrrs.' Comrnissioner Timothy Hancock Commissioner John Norris Commissioner Timothy Constantine Robert F. Fernandez. County Administrator Nlike Smykowski. Budget Director Jack McKenna. Chairman Emuritus ur,.) Z RECEIVED ~IINUTES NOV 2 3 1998 ~aard of Cc)unty Co~issfoners I)EVEI,OPMENT SERVICES AI)%,'ISORY COSIiXllTTEE JUI.Y 1, 1998 51EMBERS PR. ESENT: Charles Morgan Abbott Clil'tbrd B. Barksdalc, I'.F,. l)avid Corrca Kris A. Dane. P.E. Robcrl L. Duane, AICP Darlene Koontz Dino J. Longo Brian P. Nelson. ASLA .IclTrcy' A. Nunncr. ILl:. .lovccanna ".IA" Raulio MEMBERS ABSENT: (Excused) R. Bruce Anderson, Esq. Dalas D. Disney, Architect TholnaS R. l'cck, P.[:-., PLS C. Pcrry Pceplcs. Esq. Herbert Rosser Savagc, Architect 5IEblBERS ABSI';NT: (Non-Excused) Nolle OI'ItERS PRESENT: .lira Carter Lisa Shrakc, Conservancy of SW Florida William Doolev .lill ©rCcnficld, F, ccmomic Dcvclopnlcnt Ccmncil STAFF 51EMBF. RS I'RF. SENT: Carter Vincent A. Catflcro, AICP, CD & liS Administrator Constantine Bob Nlulhcrc. AICP. Planning Services l)ircclor ~c Ed l'erico, CBO, Bldg. Review & l'crmitting Dircctor Thomas E. Kuck, P.E., Enginccring Rcvicw Scrviccs Managcr J ! Call to Order: Thc meeting was called to order bv Vice Chair, ".lA" Rautiowho presided over the meetin?v,. !!. Al)l)roval of Agenda: Motion was madebv Mr. Barksdalcand seconded by Ms. Rautio to approve thc agenda. The only adclition was Item 4B "Fee Schedule", proposed by \,'ince Cautero. Motion was approvcd unanimously. Approval of Minutes: Barksdale made a motion and Mr. unanimously iD apl)rove the nlinutcs. Thcrc was no discussion on thc draft minutes of.lunc 3, 19982 Mr. Dane sccondcd it and that motion ~i~O. / Date: 1 i!I. Staff Announcements: Vince mentioned dmt stalT was prcp;irin~ 'a rexised e×eeutive summary Io lhe Board Ibr ~l~e Auuust 4"' meeting which consisted of the quadrennial report of the l~nvironmcnlal Policy TeChnical Advisory Board (EPTAB) lo ll~e Board of County Commissioners. Part of ~l~is executive summary will include a revised recommendation dmt bmh tl~e EPTAB and tl~c EAB (Environmental AdviseD' Board) be sunscttcd and dmt a new environmental board, dmt would handle both functions, should be instituted by ll~e Board of County Commissioners. Vincc felt linc basis For thc rccomn~cndation was thc fi~ct that staff resources and money arc being wasted on staffing two boards ami that both tNmctions of these Boards could be met by onc single body. IV. Old Business: A. l)ivi.~i0n Bu(IE_el Overview of Board of County Conlm~ssloner action was provided bv Vince rel:,ed to Iht Board workshops in June. Itc staled lhal thc Board had tentatively approved all eight expanded positions in the Conlmtmity Development and Environmental Services Division. Discussion ensued over building permit and development review fee fired suq, lus. Vince slated that enhancements to the computer permitting system. ('D-Plus. and thc creation of a geographic inlbnnation system of GIS would bc two of the major projects in thc coming years and would be t~mdcd with Rosm-x'o ftmds. B. Fee Schedule Bob Mulhere made it presentation to the Commiltec related to a tbrlhcoming schedule amendment that he will be presenting to thc Committee prior to thc Board of Cotmty Commissioners. Some of these items had been discussed previously with thc Committee and Bob wanted to reiterate those plus present some new items. Fcc Waiver Policy - Virst item discussed was a description of a policy For fee waiver that will be stated in the fcc schedule. Previously, the Board of Cotmty Commissioners had asked for a report on the amount of fees that they traditionall)`' havc waived in past ),,ears. That infom'mtion was presented to the Boarcl and it showed that tile Board had waived approximately 52,000 tbr various permit fees. Thc majority of tile Fees waived by tile Board arc in tile area of Tcmporary Use permits or Special Evcnt pein'fits. The ten'n waiver however, is a misnomer in that lhe Board authorizes a budget transfer fi'om General Fund to the Building Pen'nit Fee Fund or the Development Rcview Fee Ftmd For these types of activities and in essence does not waive thc fee. The agency or the "not for profit" organization that requests the waiver docs not pay the Fee. I Iowevcr, the ad valorem tax base is used to pay the permit fcc. Str¢cl Nm'nc Change Fcc - Previously lh¢ Development ScFviccs Advisory Committee had reviewed this and our recommendation was to raise thc t~c from 51().00 Ibr applicatiot~s to S20().00. We had originally stated to thc Committee that we were averaging approximately three petitions per year but that has grown to appFoximatcly 12 in recent ycaFs. Tcmpor;xry Usc and Special F~vcnt l'crmil,$ - Since there arc ditTcrcnt l~cs these types of activities in thc fcc schedule, currently Temporary Usc t~cs afc $250 and Special Event permit fccs for carnivals and circuses arc S200, Mr. Mulhcrc is recommending that that bc changed to S250 Temporary Usc and Special Event activities. Elcclronic TransFer l:~v - Mr. Mt,lhcrc is recommending ~, 525 fcc bc :,.Idcd lo applicatiorm for llnal sile development plans lo cower thc cost oFconvcFtin~ lhc documents to :m electronic Ibrmat. I{owcvcr. this [~c can bc waix'cd administratively iF applicants provide us thc il~tk~i-mation in an electronic ~brmat. V. Sub-Committee Reports: A. i.and l)evelol)mcnt I~.egt, lation - (Jeffrey A. NUnller, Ch:lit) Nlr. Ntumcr rcpoFtcd that the ('ommittce had takcn a summer sabbalical and had no subslanlivc conlnlClltS. Mr. Mulhcrc added that thc Board ol'County Commissioners had approved thc lirst cycle of LDC anlcndnlcnts for 1998 exactly as Fcconllncndcd by Iht Advisory Committee. I~. ('onslruclion Code - (I)ino .I. i,,ongo. Chair) I)ino l.ongo rcpoFlcd that thc Committee met on .It~F~c I(?' and thc majoF items discussed wcrc updates to thc x'aFious building codes. Minutes wcrc handed out which contained a synopsis of that meeting. Items addressed included Ibc electrical codc, gas code, mechanical code and hufficanc code ordinance. In addition, thc administrative code was discussed and accepted as presented as well as thc swimming pool code. Additional items remaining Ibr thc construction code sub- committee to discuss include thc coastal construction code which will bo discussed at thc meeting on July 8'~' with I:EMA CooFdinator Kelly Smith. Additionally. Ihrc code amendments will be discussed on that date with Wayne Bryan. FiFe Code Ollicial. C. Utility- ".IA" Raulio, Chair) Ms. Rautio presented minutes and a rcpoFt Of thc Subcommittee's .lunc 25"' meeting. She had indicated that items discussed included inlinc backfiow prcvcnlors fox' single lhmily and multi-flintily and commcrcial projccls by Ed Fim~, Public Works Opcrafions Dircclor, combustiblc material slorcd on site ami d~c usc of sumdard "mmporary" compound mctcr. This was a fire deparlmcnt issue and was discusscd at 11~c mccting by Wnync Bryan, Fire Code Official. Additionally, Mr. Bryan discusscd Iransfcrring owncrship of firc hydrants open discussion ensued in which Mr, Kcmpton, thc Chairman of thc Tcchnical Working Group, prcscntcd several items which arc included in thc minutes. Ms. Rautio rcpo~cd that no mcctings arc schcdulcd For .luly ami August and thc next subcommittee meeting will be held September Vi. New 1½usiness: None %'11. Committee Member Comments: None A question was raiscd by Jim Cmlcr, from the audience, about thc fire hydrant replacement issue and hc questioned what thc most cost cffcctivc mcans wcrc lbr replacement of fire hydrants. VIII. 5leering was ndjourned at 4:32 p.m. MINUTES NOV 2 3 19.38 :\ugus! 5, 1998 31 EM i}ERS PII. ESI'~NT: Clmrlcs Morgan Abbott R. Bruce Anderson. Esq. Clifford B. Barksdalc. P.E. David Corrca Kris A. Dane. P.E. l)alas D. I)isncy. Architect Robert 1.. l)uanc. AICI' Darlene Koonlz Dino J. l.ongo .Icffrcy A. Nunncr, P.E. Thomas R. Peck, P.E.. PLS C. Pc~y Pccplcs. Esq. .loyccanna ".IA" Rautio OTil ERS I'RES ENT: l.isa Shrakc. Conservancy of S\V Florida .lohn Campbell 51EMBERS ABSENI': (Excused) Brian P. Nelson, ASLA Hcrbcrt Rosscr Savage, Architect 3IEMBERS ABSENT: (Non-Excused) None Norris C~rter Constantine Mac'Kle Berrx STAFF M EM BERS i'I*,ESEN'i': Vincent A. Cautcro, AICP, CD & L:S Administrator Bob Mulhcrc, AICP, Phmning Services Director [kl I'crico, CI3(), Bldg. Review & l'crmitting I)ircctor Wayne Bryan. Fire Code Official John Daly. Radio Communications Nlanagcr Call to Order: The meeting was called to order by Vice Chair, ".lA" l'lautio wh° presided over the meeting. Approval of Agenda: Motion was made by Mr. Peck and sccondcd by Mr. Dane to approve thc agcllda. Thc only adctition was Item 4B "FEMA Maps", proposed by Mr. Cliff Barksdalc. Motion was approved unanimously, II. Approval of Dr:fit Minutes: There was a request by Mr. Longo to strike thc last sentence under Sub-Committee Reports - Construction Code of thc draft minutes of July I, 1998. Mr. Barksdale made a motion and Mr. Disney seconded it and that motion xy~ntmpr~ycd tmanimously to apl*rovc thc minutes with thc co~cction. Item# Cc pies To: P~c 2 !11..SI:iff :%.notinct'mezJls: Vi,cc mentioned th:~t there x','erc txvo excused absences, l~rian Nelson ;.~d I Itch S~x'i~gc. N, Ir. ('autcro then introduced Mr..Iohn l)aly, I~utlio ('ommunic:ttio.s Man:~cr, who xva~ ii~ attendance to spc~k about radio signal cl~l~at~ccmcnts to thc County's ~00 m~l-I radio system, an item that could potentially aft~ct land development regulations, construction codes and lil~ safety issues. Thc fire districts have raised thc isstic that some of thc construction methods now bcin~ utilized to make buildings hurricane proof arc creating a problem t~r thc radio system. Vincc Felt lhat it was impo~ant to bring this item before thc committee For analysis and recommendation as it may involve possible ordinance amendments. Someof thc par:lmctcrs to hc considcrctt arc threshold design, square li~otagc, ails l)tiblic access. /Xt present, this would impact less th~n I00 buildings (permitted and/or under co~astructio~) per year. Discussion ensued on how best to address thc problem and it's imp~ct on ccmstructiol~. Thc coi~struction code std,-committee will consider this item at their September 9'h meeting. Bob Mulhcrc spoke briefly about recent promotions in the Planning Services section a,d ~ttcmpts to recruit qualil]¢d cat~clidr~tes to fill x'acant positions. IV. Old llusiness: ,.\. 'l'r:~nsfer of Permit l);ili! to Elecl~roni¢ l:orma! /\t thc last meeting, Bob Mulhcrc spoke about rccommcndi,lg a S25.00 processing fcc per application to cox'cr the cost of convening paper documents into an electronic Ii, croat, l/ob gave an Ul,clalc on staCKs research into electronic conversion. Staff hns hcc~ working with thc Information Technology and PurchasiI~g Departments in setting up meetings :t~lct tarodttct dcmo~strations with variotls x'cl~dors whose sol, ware and hardware arc cnpablc of :~chicx'i~g thc electronic co~x'crsion. As almost all o1' thc Division's historical inlbrmation, it~clucling drawings, is recorded on pzq, cr. there is a critical ~cccl to convert this intBrmation into an electronic Ibrmat. It has been demonstrated lhat thc electronic format is x,c~ cost cfl~ctivc and cfficiel~t it~ rclrieving intbrmation, space (storage) utilization is maximized and thc intbrmation elm be made readily available to the public. Costs Ibc convc~in,,~ thc documc~ts i~cludc printers, scut~ncrs :u~d hiring co~tractual labor. Mcn~bcrs off thc co~strttctio~ community :trc bcin,~ asked to sut, mit plans, applications, crc. il~ :~ electronic I~rm:~t or I,c subjected to thc 525.00 processing thc. A data conversion surcharge is I,cing proposed to t~md this project. Discussion ensued ~s to thc best ~tnd most CcluitalMc wav to pass along this cost 1o Iht consumer. A suggestion was made to l:~p into Rcscrx'cs for some of thc IMncling fi)r this project. Bob will prepare a~ RFP to go out into thc l]clcl tiled report laack to the Committee. Development Sco,,iccs Advisory Committee Page 3 August 5, 1998 B. FEMA MAPS Charlic Abbott spoke about thc FEMA changes and how Iht changes could impact Collier Couilty. lie recapped thc inlbrmation lhat had bccn presented by Kelly Smith, FEMA Coordinator who advised that properties now FEMA exempt may no longer be exempt and will be impacted by the 50% rule. If thc change is made, it would have a major impact on properties from thc coast out to 1-75 and thc changes in elevation could be up to 2 feet. 'File new maps will be out in October V. Sub-Committee Reports: A. l.and l)cv¢lopment Regulation - (,Jeffrey A, Nunncr, ChaiD Mr. Nunncrrcportcdthatthcrcwasn°°ldbusiness' JeffNunncr, Bob Mulhcrc, and Ron Nino prepared a timeline For tile second LDC amendment cycle. .Icffprcscntcd thc committee with two handouts. The sub-committee will look to thc Development Services Advisory Committee For preliminary recommendations in October. B. Construction (;ode - (l)ino .I. l,ongo. Chair) Dino Longo reported that thc Committee will mcct next wcck to discuss FL:MA coastal setbacks. Dino als() presented thc committee with a final copy off thc Collier County Fire Prevention and Protection Code and advised it was ready to go before Ibc Board of County Commissioners on September 22. More discussion ensued on the FEMA changes. _ -..lA Rautio, Cl~air~ C. Utility " " Ms. Rautio had nothing to report as tile committee had not met but will bc meeting -, ( on August 27"' at .~:3 ). Vi. New Business: Mr. Cautcro updated the Sub-committee member list. VII. Committee Member Cotnments: None · VIII. Meeting ',,,'as adjourned at 4:40 p.m. MINU'FES RECEIVED P~.rd of Count) I)EVEI.OPMENT SERVICES ADVISORY COMMITTEE September 2, 1998 MEMBERS PRESEN'F: MEMBERS ABSENT: Charles Morgan Abbott (Excused) R. Bmcc Anderson, Esq. Clifford I3. Barksdalc. P.E. David Con'ca Kris A. Dane, P.E. Robert L. Duanc, AICP Dalas D. Disney, Architect Darlene Koontz Dino J. Longo Brian P. Nelson. ASLA MEhlBERS ABSENT: Jeffrey A. Nunncr, P.E. (Non-excused) Thomas R. Peck. P,E.. PLS C. PcrD' Pccplcs. Esq. None Joyccanna "JA" Rautio ~rts I lcrbcrt Rosscr Savage, Architect Carter Constantine Hac 'K le STAFF ~IE~IBERS PRESEN'F: eerr~ Bob Mulhere, AICP. Planning Services Director Ed Pcrico, CBO, Bldg. Review & Permitting Director Ron Nino. Current PI;tuning Manager Bob Salvaggio, Fire Code OFficial (Tall lo Order: The meeting was called to order by Vice Chair, "JA" Rautio who presided over the meetiug. 1. Approval of A/4enda: Motion was made by Mr. Peck and seconded by Mr. Dane to approve thc agenda. Motion was approvcd unanimously. il. Approval of I)raft Minutes: Mr. Barksdalc made a motion and Mr. Pcck ,qecon/led,it'and that motion was approved unanimously to approve the minutes. Iil. Staff Announcements: Bob Mulhcrc mentioned that thcrc xvcrc three excused absences, Bob Duanc~ David~Corrca and Darlene Koontz. Bola also informed tlm Committcc that County Adnl'h~iSt~'t;{;r Bob Fernandez spent a "work day" with slaff from Development Scrviccs. Mr. Fernandez spent thc moming in thc ficld obscrving normal work day activitics. Agcrabrownbaglunchwitb employees, Bob sat at thc counter in thc front lobby with a planner and thc customer service agents. Mr. Fernandez commented that thc work day was a positive cxpcricncc and was impressed with thc professional attitude of staff particularly under somc difficult circtlnlstallccs. I)evelopnlelll Services Advisory Page 2 ix,'. ()Id Business: October 7, 1OgS A. Transfer 0fl'¢rrnit Data to Electronic Formnt Bob expressed his appreciation tbr all the comments the Committee had to oflbr. 13ob has been working with Ihe IT Deparlment Io develop "reqtmsts For proposals" and will be prepared lo report hack to the committee with more delinilivc cosl projcclions for software and hardware when the proposals are returned in 6 to 8 weeks. At that time Bob will return to the Committee with a proposal lo share thc costs of transferring the permit data from paper Format to electronic lbrmat between Reserves and assessing a small surcharge, Al thc last meeting, Bob Mulhcrc spoke abot~t recommending a 525.00 proccssing t~e per application to cover thc cost of converting paper documents into an electronic fommt, Bob gave an update on staffs research into electronic conversion. Staff has been working with thc InFormation Tcclmology and Purchasing Depa~mcnts in setting up meetings and product demonstrations with various vendors whose software and hardware arc capable of achieving thc electronic conversion. As almost all off iht Division's historical intbrmation, including drawings, is recorded on paper, there is a critical need to convert this intbrmation into an electronic fi)rmat. It has been demonstrated that thc clcclronic IBrmat is very cost cfl~ctivc alld efficient in retrieving infi>rmation, space (storage) utilization is maximized and the inlbrmation can bo made readily available to the public. Costs lbr converting thc documents includo printers, scanners and hiring contractual labor. Members of the construction community are being asked to submit plans, applications, crc. in an electronic lbrmat or be subjected to thc S25.00 processing lZ'c. A data conversion surcharge is being proposed to fired this prQect. Discttssion ensued as to tho best and most equitable wav lo pass along this cost to tho consumer. A suggestion was made lo tap into Reserves For some of thc funding for this project. Bob will prepare an RFP to go out into thc field and report back to thc Committee. V. Sub-Committee Reports: A. I,and l)evelopmenl Regulation - {,Dffrcy A. Nllnner, Chair) Mr. Ntmncr rcportcd that thc commiltee is gearing Ul') lbr thc rcvicw of Iht proposcd amcndmcnts to thc l.and l)cvclopmcnt Code. Planninggcrviccs staff will be mailing out copied this week aiR] copies will be available For thc sub-committce mcmbcrs to review. Review by the sub-committee will begin at the September 16 meeting will preliminary recommendations to be presented to the full committee at the October 7 meeting. Bob Mulhere mmotmccd that thc County has contracted xvith Joe McIlarris lo add additional drawings and develop additional amendments to thc Architectural Slandards. P~c 3 ()clobcr -/. lgq,R II Mr. Andcrson handcd out copies of an article from thc Naples Daily News addrcssin~ thc Economic Council meeting. Thc zoning amcmlmcnt portion of thc I.I)C structurcd to utilizc thc Standard Industrial Classification (SIC) Io climinatc room imcrprctivc qucstions. Thc North American Classilication System (NACS) has rcplaccd thc SIC systcm. Thc qucstion was poscd by Mr. Andcrson whcthcr thc Commiltcc wants to consider using NACS in lieu of SIC or leave thc system as is. Bob Mulhcrc rcportcd that he has already rcscarchcd this and going Io NACS would rcquirc comprchcnsivc and tedious amcndmcnts to thc LDC. Discussion m~sucd rcgarding thc pros and cons ofcach svstcm. Thc llo:ml of County Commissioncrs has not given staff direction at this point. Bob suggested working with thc Economic Development Council to determine what their nccds arc and what spccilicallv they would likc to have tracked. Mr. Mulhcrc suggcstcd that it would behoove staff to rcscarch and rcport back to thc Commitlcc with a rccommcndation. Mr. Sitvagc madc a motion to have staff rcscarch thc issue of continuing to usc thc classification system in thc I.DC and what would bcinvolvcd and how long it would takc. Mr. Barksdalc sccondcd thc motion and it was approvcd unanimously. B. ('onstrt, clion ('ode-(l)ino ..l.. l.onoo.., , (7hair} Dino Longo rcportcd that Kelly Smith, FEMA Coordinator. had rcsigncd to take a position with thc City of Marco and Angcla Ross has bccn hired to rcplacc Kclly. Dino handcd out a copy of thc sub-committcc minutcs and rcvicwcd thcm with thc Commiltce. Tom Pal]ncr was asked to rcvicw thc Coastal Construction Ordinance and thc l)isaslcr Recovery Ordinance as they hoth contain language that cross rcl~rcnccthcFloodl'lainManagcmcntthatc°uldbcallDctcdbyFEMA' ThcFtSMA situation is still up in thc air as thc flood maps, to bo rclcascd in October. arc subject to challenge. Opinion and conscnstls or thc suh-committcc is that until all ompirical data is in. they will wait to make a rccommcndation to thc Committee. if thc flood plain maps arcchangcd, it will havea major impact on construction. Thcqucstion was raised if working toward an additional 500 community rating poinls was worth thc discount if thc cost to implement was too great. Discussion cnsucd on what wc might cxpcct whcn thc maps arc released. Thc maps willdctcrminciflhcordinancc is approved. In addition ti) Kclly Smith, tim following cmployccs have left County cmploy to work lbr thc City or Marco Island Bob Lord, Mark Kcohanc, Roy Miclc, and Al Coml~lOn. C. Utility- ".IA" Raulio. Chairl Ms. Rautio had nothing to rcport as thc committcc mccting schcdulcd for August 27 was cancclcd. Thcrc will bc no mccting in Scptcmbcr and thc Octobcr mccting is schcdulcd for thc 22"'( Dcvclo?mcn~ Services Advisory r.'ommiucc Pa.ac 4 Vi. New Business: None. VII. Committee Member Commenls: %'1II. I lcrb Savage, a mcml)cr ot' thc Planning Board tbr comt'flirncntcd County st:iff'on their willingness to assist. ~lecting was adjourned at 4:30 p.m. ()ctobcr 7. 199,'-3 thc ('ily of Marco island UTES RECEIVED NOV 2 3 1998 8o~rd of County Cc~n~issioners I)EVEI,O! MENT SERVICES AI)VISORY COMMITTF, E October 7, 1998 MEMBERS i'RESENT: ('harlcs Morgan Abl)ott David ('orr¢:~ Dalas I). l)isncy l)arlcnc KOOlHZ Brian P, Nelson Thomas R. Peck, P.E., PI~S C. Perry Poppies. Esquire Jovccanna "JA" Rautio I lcrbcrt Rosscr Savage, Architect STAFF MEMBERS PRESENT: Vincent A. Cautcro. AICP, Administrator Robert .I. Mulhcre, l)hmning Scrviccs Director Thomas E. Kuck, P.E., Engineering Rcvicxv Services Manager Ron Nine, AICP, Current Planning Manager MEMBERS ABSENT: (Excused) R, Bruce Anderson, F. sq. Clifl'ord B. Barksdalc, P.E. Jcfll'cy A. Nunncr, Dino J. Longo Kris ~. Dane, P.E. Robert L. Duanc, AICP MEMBERS ABSENT: None (Non-Excused) Carter Constantine ~, Mac'Kie Berr~ " (;:mll to Order: The meeting was called to order l)y Vice Ch;fir, ".lA" R:tutio at 3:40 p. II1. I. Approval of Agenda: Motion was made hv Tom Peck and seconded by l lcrbcrt Savage to approve thc agenda. ]'he lUOtion was apl)roved unanimously. II. Approval of i)raft 5linutes: Tom Peck made a motion Perry Pcpplcs seconded it to approve thc mint, res of thc September 2 meeting. Motion was approved unarfimously. I!!. Staff Announcements: Vincc ;renounced that there ,.,,'crc three excused absences, Jeff Ntmncr, Cliff Barksdalc, Dine Longo, and Bruce Anderson. Bob Mulhcrc gave an update on thc absence of John l louldsworth. Hc has been a reassignment ofstaffto handle thc work. Date: I)uvclopmcnt Scrvicus Advisnry ('ommiuuc M Mmc~ ............................................... Pa~e 2 ..()clobcr 7. 199S IV.()ldBusiness: None V. Sul}-Commiltee Repo,'ts: A. l,and l)eveloi}menl l~,e?.ulation - (,Jeffrey A. Nu,ner, Chair] Mr. Tom Peck led the discussion in Mr. Nunncr's absence, Discussion ensued about the proposed Ixmd Development Code amendments at thc sub-committee meeting. Updates were handed out by Ron Nino. Prominent issues included thc additions and changes to the Architectural Standards, voiding of site development and site improvement plans and reph~cemcnt of 11~0 section, Thc subcommittee did not sec anything of significance in this section. A question was raised by Herb Savage about Joe Mcltarris' status as the County's lechnical consultant. He will bc present at thc Board o[ County Commissioner's meeting and will meet with thc subcommittee. Tom Peck stated that thc architectural standards were broadened to include indt~strial projects lhcing arterial and collective roadways. A qucslioll was raised bv Mr. Savage if this was to include projects within view of 1-75. Thc subcommittee recommends. via Mr. Peek, approval of thc proposed amendment alld submission to thc Board o1' County Commissioners. Motion was seconded by Pc~y Pcpplcs and approved unanimously. B. Construction Code- (Dino,,l. 1.o,~o. Chair) Clmrlic Abbott reporlcd in Nit. l.ongo's absence. Mr. Abbott stated that thc subcommittee is waiting to receive updated FEMA maps. Ilo reiterated that Dr. kVoodrufl; City Manager of Naples, suspended thc City's Flood Plain Ordinance on .lunc 17, 1998, awaiting fl,-thor development. Maps arc duc this month. Mr. Disney reported on the 800 rngz situation. There has been no action as the parties involved did not attend. Itc suggested that this project should not be imposed upon private industry. John Daly was in attendance at last month's meeting. Thc Committee rcqucstcd that he be noti fled lo attend tile October meeting. C. Utility- (".IA" Rautio, Ch:dr} there was no meeting in September. Tile October meeting needs to be rcschcdulcd to October 29. Tom Kuck will rcadvertisc. Dcvclopmcm Services Advismy ('ommiltce Minules ................................................. October 7, 199g Page 3 16 1 VI. New Business: ~ [.and Development Code Amcnclmcnts ,,,.'crc discussed undcr Land Development Rcgulatiorls subcommittee with thc report olTcrcd by Mr. Peck. VII. Committee Member Comments: Tom Peck gave out a new number tbr his telephone fitx :is 597-2299. l lcrb Savage asked committee members if they thought Iris scrviccs xvcrc needed since he is more involved in Marco activities. Itc has approximately 2 years left on his tenn. tlc stated that he intends to stay active in County ;,ffairs. Mr. Pcck stated that he believes Mr. Savage has made a meaningful contribution. VIii. Meeting adjourned at 4:02p.m. EM EI~,(;ENCY ~1 EI)l(:Al, SEI,IVI(JES AI)VI()SI~,Y {~,~{:~[ :[ '~nty Coea~iss loners ( A(; EN I)A Nm,'cmbe,' 25, 1998 2:1}11 1'.51. lle:fllh llvihling 3''l floor 33111 l';ast T;imiami Trail (::',i,I, T() ()RI)EI~ /x I'l'l~,() %r','~' 1, OF ~! IN lITES ()!,i) liUSINESS NEW II I IS I N I.:S,"i Carter Constantine M~c'Kte Berry --- / f,~ ..... Cortes: Date:. OI//~Q c~ Cop!es To: EMI-;I~(;EN(:Y ~%IEI)ICAI, SEI,tVICES/,,I)iVS()I,tY C()IiN(~Ii, (EMSAC) INI:()R~IAI. MINIITES October 28, 1998 E?,I I.:R(;I.;NCY M I.;1)1(;,\1, SEI,tVICES I! EAI)QtlAICI'i.;I~,S 3301 Easl 'J':lllli:lllli Trail Council Members Prcs(211l: Chairman Bob l.aird Roger l~vans Fay Biles (Jarv Young Paul Gtmtl~cr Xlohr Absent and/or I:.xct,scd; Sheldon Rccd Mike Davis Gct)r~c l.camtm J}l'ClI Ol'l CIl~l'Cil Thc regular monthly me(ting of thc ('oilier Cotlllty ENISAC Council xxas called to oretor al 2;00 1) ,%1 on Wctinestlav. ()clol)cr ' ' . =g, 1998. by Chairman I~oh I.airct Thc last muuting was not an t~tticiat mcutin.~ title h) thc lack of a quort;m, tl~crcfi~rc lhurc ()1,1) II L!S I N 1.2'q.',;: ('hairrnar~ l_.aird hah(lcd oul thc loll(rs of rcsl)onsc hc had received from ih( Commissioners in rct'crencc It) the new Emergency Services AchnilfiStrat(,' position ('hiet'Flagg anr.)unced thai intcr',,'iexxs have been scheduled tbr thc ~cxx p()si;ion Th(re exlernal canclichllcs that is still in lhe I'HIHlilV, I lc was thc I)ircclor of ILX15 SeVCl';ll VCHF5 CilllClidales arc 1~'()[11 Otltsiclc thc ~Iiltc oJ' Florida Chief I:lH,g,~ %xils the OllJy intcf'llill ca[KiJchllc Thc ('tmnlv Ad[nJniSlratt)r Bob I:crn:mdcz. Xlikc XlcNccs & .lorry ~tilmon the J'ltllllllll J~cst)tll'CeS [)cpartmcnl will be cloin,~ thc ilIICI'ViCWS Roger Evans remarked on ih( lctlcr ol'rcsptmsc written by ('tmmfissioncrs Norris Ilo I~'lt thc Board (iici not hire stalYpositio~s Commarxlcr I)agc stittcd that thc i',t)sititm did take ctmlirmatitm t)f thc 1½tsarc[ Fay 1½ilcs .,:tared lhat ('mnmissit)ncr Nc)iris slat(ti that sj')cilkcrs v,.'crc their views and cc, ri(ems Iookin~ al properly in lh~ l~lalcs ill'i'll I0 build a slalion and shat'c wi~h ~hc Shcrill's station ~his )'car is ~1~ Isle o1' ('ilpri Fire Slalion. Thc olh~r n~w pro,ram is Iht t¥om anolJlcr location will respond lo the cilJJ Wilh Iht Al.fi l~n~inc [~l'O~l'illll. EN1S will have a Panm~cdic I:ireli~hlcr tm thc fire engine and thc ('ilv ~ill haxc a I'aramcdic I:ircli~htcr on Iht medic tlnil Thc I'ar;~mcctic on Ibc entwine x~ill bc rCSlmn~iblc Il, SUpl~rCssion in addition ~o :~clvas~c'cd lilL' supporl inlcrvcntio., so x~c can in;time,in thc 3 4 minulc advanced lil~ supporl rcspcmsc. This is an cnhanc,:~ncnl to Iht i~arlncrship which is Iht single vehicle This engine xvill bc liccnxcd u,dcr ('~dlicr I~XIS and xvt have bud~clcd lo equip thc vehicle xvilh thc medical ccluiPmcnl Il &~cs require aclditional pcrs~nncl..iusl a s~iSl~ of Thc llmrlh prosnm~ umlcr oki business is Ibc single vehicle ~CSlmnSc Prt~Sram x~i~h thc Norlh Naples Fire I)islricl Thc pro?am commenced ()ctobcr 15. I~)~s ilncl n~x~ opcraling out of Ibc Pine Ricl~c Rtxsd Station There arc lhrcc olhcr slalitms in Nt~rth Naples lhal thc ('hicl' ha~ asked to cxlcnd Iht l~rOgrlm~ It~o ,As soon a~ Norlh N;~plcs I:av llilcs slated she was nol st~rc she unclcrsloOd xvhal xxi~s t~cin,~ ctollC i~l Ibc Isle ~,I' ('l~icl' I:la~ explained thai Isle ol' ('apri ha~ one t]rcfi~hlcr tm dray bcil~S paid li~' ~x~clvc volunlccrs on a regular basis lit ni~hl lhcv a~rcccl lo ,,o I~ one I]rcl]~l~lcr hour slafl]ng, but Ibis x~ill noi bc implcmcnlcd tmtil Janul,'F I. I')~)~) in lict~ of ()cl~d~cr I. ('hicf I:la~ inti~rmcd Ibc ccmncil that 55{I.()0{l ha~ hccn cl~mllcd t~i' I!~c purch;lsc Aulomalic l~xtcrnal I)cl~b~illator'x {.,Xl~l)'s) liar Collier ('oumv l'XlS t~ ctixlmrsc io thc ('ilyol'Naplcsl'~diccl)cparlmcnlandthc('°llicrC°untyShcrifl's()fllcc Wchavcissucd three AEI)'s to iht ('oilier ('ounlv ShcritFs (.)ll~cc Ibr placcmcn~ i~ ~hcir ails Wc have (,oilier (~OtllllV ILNIS is thc only system in thc world that have passed an ()rclimmcc like lhi~. Thc Ordinance i~ i1 COml~rchcnsivc ()rdinance that incluclus m~t truly clcvclol~ins Af'~I). EMS has pla(cd At'~l)'s in thru'thcs, and parks and want to pul Nlarco. England had done andarticlconC'ollicrENlS aridity(placement of thc AI(I)'s. J:av l~ilcs didn't know ifhc wanted his nam( given out. Paul Gunther Nlohr asked il'they xvcrc all being supplied by thc same company. Chief Flagg stated that l'hysio ('ontrol. St~rvix'al Link. Heart Stream and Lacrdal have all donated the units. ChiefFlagg stated thc machine is very user friendly. An AED instructor's class was provided lo a core group of l~coplc who will provide instructions to ira(rested participants. Collier ('Otllllv already has a is arotmd 5%. We arc hoping to reach a 50% rususcilalion ratu with oftheadditional Al~l)'s I k,r,'icanc George's Naples. It was an c.xcdlcnt trial run Ibr all of lhu County agency's lo cvalt;alc Ih(ir hurricane I)hms. Thc I lealth l)cparlmcnt was responsible Ibr t(Sl: S. xxhicl~ is ILmcrgcncy Service Functions. Emergency ~crviccs was rcspcmsiblc lbr ILNI: ~). which is Search :t~cl responsible tbr ;~nolhcr section All agency's worked logclhcr t~ut of Ih( I(mcrgc~lc5 Operalions (,enter Fay Biles slalcd I11;11 Marco Island was a disastc~ LVlllcl x~a5 yht~l otl'and over 3.O(10 people (Iici m~t ovacuate x~.ith a mandatory CvaCt~itticm of del' ill (Ilk'ct Jor,,c A~t,ilera st;tied thc AF.I)'s ,,,.crc donaled bv l lear! Fax. Anthony ami (;,..'nc I)unnc~ Fitv Biles asked abotll tilt.' talc increase for the ambtflancc rates. ('hiel' I'htgg stated thc rates xxcrc apprt~vcd by Iht lloard ot'('ot~ntv Commissioners There was one rcvisitm, if a in lieu of capl~ing a~ 7 miles 'l"hc other item added was thc ('oilier ('oumv Ncht~ol Ih~ard asked tbr a xvaivcr oflkcs tbr thc xarsitv tbotball games. Fay Biles asked il' Xlcdic;u'c incrt..ascd tht..ir rates" ('hicf Fht,,u staled thcv did m~! ('Mirman l.aird asked ('t~llllllandL'r ..\guilcra how many Ilex,.' amlmhmccs x,.ci'c added it~ thc llcct') (.'Ollltllillldcl' :\guilcra slated t,,xo ()tlc at (}olden (Jato ILstatcs. being slalitmcd ;11 Medic 5 until a ncxv station location ix located and on( at Isles of (':q)ri. Iocalcd ill thc Isles of Capri Fire Dcpal'lmcnt. End of Tape. RECEIVED COIA.IER COUNTY NOV 2 3 1398 ENVIRONblENTAI. ADVISORY I)OARD AGE~*~( of C0unt7 Commissioners DECE~IBER 2, 1998:9 a.m. COMMISSION BOARDROOM. TItlRD FI.OOR--ADMINISTRATION BUILDING I. ROLL CALL II. APPROVAL OF MINUTES - November 4, 1997 III. ADDENDA IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA All matters listed under this item are considered to be routine and action will be token 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 lhe Consent Agenda and considered separately. V. REGULAR ,AGENDA A. Conditional Use Petition No. CU-98-22 "Hideout Golf Course" B. Commercial Excavation Permit No. EX 59.667 Longan Lakes Commercial Excavauon C. Commercial Excavation Permit No. EX 59.671 "Creative Homes Il Commercial Excavation" D. Planned Unit Development No. PUD 89-23(1) "Lawmetka Plaza PUD" VI. OLD BUSINESS Carter Constantine ~c'~ ~e Berr~ VII. NEW BUSINESS VIII. ADJOURNMENT Do:O, _ . / Copies lo: IX. WORKSHOP NOTES: [Board Members]: Noti(v the PLANNING SER\?ICES DEPARTMENT (403- 2400) no later than 5 P.M. on November 27, 1998 if you cannot attend this meeting or i£vou have conflict and lhus will abstain from voting on a particular petition. 3. [General Public]: Any person ,,,.'ho decides to appeal a decision of this board ,,','ill need a record of the proceedings pertaining thereto; and therefore may need to insure that a verbatim record of the proceedings is made. which record includes thc testimony and cvidcncc upon which the appeal is to bc based. DATE: TIME: Pi.ACE: -, . mm, ............ - ............................ m MINUTES OF THE ENVIRONMENTAl, ioner~ November .4. 1998 9:00 a.m. 3m~ Floor Boardroom, ,,\dministration Building, Collier County Government Center, Naples, Florida EAB STAFF PRESENT Dejong X Ashton Espinar X Burgcson X Foley X Chrzanov.'ski X Hill X Kuck i tinchcli Cf X Lcnbcrgcr X Mulhcrc Seal X MINUTES BY: Stephen Lcnbcrger, Environmental Specialist 1i C,~.I.I,ED'FO ORDER AT: 9:00 a.m. ADJOURNED AT: 10:38 a.m. PRESIDING: Blair Foley, Chaimian APPROVAl. OF MINUTES: Motion made by Mr. tlill sccondcd by Nls. Dejong and carried 5/0. to approve minutes of October 7.1998. Carter ITEM: Regular Agenda - Item V.A. Co~st&atta~ Bert)' P~TITIO~ ~0: Pl~nncd Unh ~cvclop~cm Xo. P~ "~lcn Edcn on thc ~y P~" ~ muhi-?m~ily subdivision. REQUESTING: MOTION: Made by Mr. llill, sccondcd by Ms. Dcion.t~ and failed 3/I, to approve Planned Unit Development No. PUD-98-9 "Glen Eden on the Bay PUD" with staff's stipulations. Mr. Foley abstained from the vote. Environmental Ad.`'isoD' Board Minutes ............................................ November 4. 1998 Page 2 ITEM: Regular Agenda- Item V.B PETITION NO: Planned Unit Development ,,\mendn~ent No. PUD-gS-13 "Collier Tract, TM 1 PUD" REQUESTING: A ,,ell'course. club house, commercial buildings and rcscr~'c. REPRESENTED BY: George Vamadoe.. Young, van Asscndcrp & Vamadoc. P.,,\. MOTION: Made by Mr. Espinar , seconded by Ms. Dciong and carried 5/0 for appro.`'al of Planned Unit Development No. PUD-98-13 "Collier Tract 21 PUD" with revised environmental stipulations. Water .Management: I. Prior to beginning Iinal construction design, thc developer's engineer should submit conceptual drainage plans to the County Water Management Department ibr its review and comment, 2. A SFWMD surface water management pcrrnit will be required. Environmental: Re.`'ise the tbllowing stipulations to section 6.6 of thc PUD document to read as follows: 6.6 ENVIRONMENTAL Petitioner shall ITc subject to DMsion 3.9, Vegetation Removal, Protection and Preservation ofthe Land Development Code. A site clearing plan shall be submittcd to Current Planning En.`'ironmcntal staff for their rc.`'icw and approval prior to any substantial work on thc site. Tilts plan may bc submitted in phases to coincide with tile development schedule. Tile site clearing plan shall clearly depict Ilow the final site layout incorporates retained nati.`'c vegetation to the maxinlum extent practical and ho.`v roads, buildings, lakcs. parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, where available, to thc maxin'mm extent possible in the site landscaping design. A landscaping plan for tile commercial tract ,,,,'ill be subnlitted to Current Planning Environmental staff for their review and approval. This plan .`,.'ill depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be thc re-creation of native vegetation and habitat characteristics lost on thc site during construction or due to past activities. l~nvironmcntal Advisory Board ,x. linutes ............................................ November 4. 1')98 Page 3 All exotic plants, as detined in tile County Code. shall bc removed during each phase of construction from dcvclopnlc~lt areas, opc~l space areas, a~d prcscr:'c areas. Following site development, a maintcnancc program shall bc implemented to prevent re-invasion of the site by such exotic species. This plan. which will describe control tcclmiqucs and inspcction intervals, shall bc flied with and approved bv the Current Planning Environmental staff. Pursuant to Section 2.2.25.8.1 of thc [.anti Development Code, it'. during thc course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within thc minimum area necessary to protect the discovery shall be immediately stopped and thc Collier County Code Enforcement Department contacted. Any fixture proposed clock construction shall comp y with thc Florida Department of Environmental Protection (DEP)/Collier County .Manatee Protection Plan. F. If turkey, oaks arc discovered during trcc removal pcrmittin,,.~, they shall bc transplanted to the upland preserve areas or utilized in project landscaping. Go Environmental pen.tfitting shall be in accordance with the State of f:lorida Environmental Resource Pein'fit (ERP) rules and regulations, as well as thc U.S. Army Corps of Engineers §404 Pein'fitting Program. Removal of exotic vegetation shall not be thc sole means of mitigation for impacts to Collier County jurisdictional wetlands. It. All conservation shall be recorded on any rcquircd plats with protcctivc covenants per or similar to § 704.06, Florida Statutes. In thc event platting is not required, conservation casements sl.tall be recorded for such areas, subject to uses tn'id limitations sin.tilar to or per Florida Statute Section 704.06. Conscp,'ation areas shall be maintaincd by the golf club, and these areas shall be dedicated to Collier County on plats or casements, as applicable, with no responsibility tbr maintenance. Buft'crs arotmd wetlands shall being accordance with tile ERP issued for this project. Current Planning Environnmntal Staffshall be provided with copies of U.S. Am'~y Corps of Engineers permits prior to any construction occurring in jurisdictional areas addressed by such permits. Construction or early work permits from thc South Florida Water Management District si'tall be prcscntcd prior to Final Site Plan/Constn~ction Plan approval. Jo Petitioner shall coordinate protected wildli£c species issues through the ERP and CORPS §404 permit review process and comply with thc guidelines and recommendations of thc U.S. Fish and Wildlifc Scrvicc and Florida Game and F, nvironmcntal ,.\dvisom, Board ~linutcs ............................................ November 4. 1998 Page 4 Freshwater Fish Commission. Where a protected species occur on site. a tk~bitat ,\lanagcmcnt Plan for those protcctcd species shall be submitted to Current Plarming and Environmental Staff for rcvicv.' and approval prior to Final Site l~larrConstruction Plan approval. ITEM: PETITION NO: REQUESTING: REPRESENTED BY: MOTION: Regular Agenda - Item V.C. Planned Unit Development No. PUD-98-15 "Muricl PUD" Condominiun't development with water management lakes and presen'es. Marco Espinar, Collier Environmcrmfi Consuhants Made bv Mr. ltill . seconded by Mr. HinchclJff and carried 4/0, lbr approval of Planned Unit Development No. PUD-98-15 "Muriel PUD" with staff's recommendation and to express a concern regarding the net loss of wetlands for this project. ,"'.Ir. Espinar abstained from the ,.'otc. Water Management: No additional stipulations. Environmental: No additional stipulations. ITE~I: PETITION NO: REQUESTING: REPRESENTED IIX,": Regular Agenda - Item V.D. Planned Unit Development No. PUD-98-16 "Cedar Hammock Golf& Country Club PUD" A residential subdivision with golf course, water management lakes and preserve areas. Bruce Anderson, Young, van Asscnderp & Vamadoe, P.A. Tyler King, W. Dexter Bender & Associates, Inc. Dave Underhill, Banks Engineering, Inc. Environmental Advisory Board Minutes ............................................ November 4. 1998 Page 5 *lOTION: Madebv Ms. Deiong , secondedbv Mr. Espinar and carried 4/1. for approval of Planned Unit Development No. PUD 98-16 "Cedar Hammock Golf & Country Club PUD" with amended stipulalions. Water Mana~zement: A copy of tile SFWMD Surface \Vater Permit shall be submitted prior to final construction plan approval o An Excavation Permit will be required for tile proposed lakes in accordance with Division 3.5 of the Collier County LDC and SFWMD rules. 3. Section 2.11 ortho PUD document shall be revised as lbllows: 2.10 LAKES A. Lake Setbacks 1. All lake setbacks shall be measured from thc lake top ofbank. 2. Thc required setback to any internal property line or tract linc internal to thc Cedar ttammock Development shall be zero (0) feet. 3. The minimum setback to any internal right-of-way, or roadv,'ay access easement shall be twenty (20) feet, 4. Tile minimum setback to any external right-of-xvay, roadway access easement or properly line may be twenty (20) feet if the right-of-way, roadway access easement or property line is fenced. 4. Section 6.5 subsection "J" ortho PUD document shall be revised as follows: a. In thc sccond sentence "location ortho contour ortho control elevation of thc Lake" shall be struck through and replaced with "lake top ofbank." b. Tile third sentence shall be revised to read "The minimum setback to any right-of- xvay, roadxvay access easement or external property line shall be twenty (20) Feet it' thc right-of-way, roadv,'ay access casement, or external properly line is fenced. o Section 6.5 subsection "L" of the PUD document shall be deleted. See revisions in Section 2.11 above. Section 6.5 subsection "N" ortho PUD document shall be deleted. Thc 20' lake maintenance easement is required by SFWMD around tile entire lake. [{nvironmcntal ;\dvisorv l'loard Nlinutes ............................................ ,N'ovcmbcr 4. 19{)8 Section t5.5 subsection "T" of thc PUD document shall bc revised to state that 3:1 slopes for bcrms ,,','ill be permitted if height ofslopc is 2' or less or slope is landscaped or it' open channel is 2' or less itl depth. Section 6.8B of thc PUD document shall be revised bv striking through "pre- development quantities by proposed weir structures" and replacing "the requirements of Collier County Ordinancc #90-I0." "Typical Water N'1anagcmcnt Bcm~ at Property' Line, Buffer and Lake Interfaces" and "Typical Lake Bank Section" shall be revised to show 2:1 break point a mininmm of 3 feet below low water level. Environmental: I. ..\mend section 6.1 I(B)(3) of thc PUD document as follows by adding thc underlined lanuuaue and deleting thc ...... ~' '~ ....... ~- ~ ............ ,-\11 exotic plants, as defined in the Collier County Land Development Code. shall be removed from development areas and open space areas during each phase of construction. Following site development, a continuing maintenance program shall bc implemented to prevent reinvasion of the site by such exotic species. The maintenance plan, which describes control techniques and inspection i::te."vals shall be submitted to and approved bi,' ,,he SF\VN4D Current Planning Environmental Staff for review and approva! prior to final site plan/construction plan approval. · ,\mend section 6. I I (B)(8) of thc PUD document as follows by deleting thc struck t~a~,~t~l~ ~,,t ~,~tT.-.I If. during the course ofclearing or course activities, plant or animal species idcntilicd ill the Florida Game and Fresh Water Fish Commission, July 1987 edition of "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" arc identified, a survey for the presence and distribution of such protected species shall be conducted by qualified personnel subject to and approved by thc Development Sen'ices Director. If warranted, project designs shall be adjusted and/or individuals and/or populations of protected plants an&'or animal relocated to preserve areas (o-r--othet: appropriate.,~.. ..... approved -,;s .... .,,."~ ~,,--.~..,r"; ...... ~ to insure tile survival of tile species. Retention/relocation efforts xvill include all species identified in the survey. 3. Delete sections 6.1 I(B)(2) and 6. I I(B)(I 1) from the PUD document. 4. ,,\dd tile following stipulations to tile PLID document. Environmental permitting shall be in accordance ;vith tile state of Florida Environmental Resource Permit rules and be subject to review and approvnl by Current Planning L:nvironmcntal Advisory Board Minutes ............................................ November 4. 1998 Page - Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation lbr impacts to Collier Countyjt,risdictional wetlands. Bt, ffcrs shall be provided around wetlands, extending at least fifteen (15) feet landward I¥om tile edge of wetland preserves in all places and averaging twenty-five (25) fcct from the landward edge of wetlands. \Vhere natural buffers arc not possible, structural buffers shall be provided in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval bv Current Planning Environmental Staff. All conscrx'ation areas shall be recorded on the plat with protective covenants per or similar to section 704.06 of the Florida statues. Conserw'ation areas shall be dedicated on tile plat to the project's homeowners' association or like entity for ownership and maintenance responsibilities and to Collier County with no responsibility for maintenance. Petitioner shall comply with tile guidelines and recommendations of thc U.S. Fish ami Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGF\VFC) regarding potential impacts to protected v,,'ildlifc species. Where protected species are observed on site. a Habitat ,Management Plan for those protcctcd spec/cs shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. In tile event of a dispute concerning the application of tile stipulations above, mutual agreements must be reached between the Director and personnel of thc Cedar Hammock Golf and CountO, Club. If mutual agreements cannot bc reached, thc matter will bo brot, ght be/bm tile L:AB or whatcvcr County crwironmcntal review board is in existence at the time of any dispute. This governing entity will act as an arbitrator tbr any disputes. If arbitration is futile, the matters will be brought before the Board of Count(' Commissioners (BCC) with thc BCC to act as thc final arbitrator. [I'E.'M: PETITION NO: REQUESTING: REPRESENTED BY: MOTION: Made by Regular Agenda- Item V.E. Excavation Pcmfit Petition No. Iix 59.044 "Jackic \Vccks t lomesite & Commercial Excavation" Excavation ora 1.9 acre lake in thc Golden Gate Estates. Jim Weeks Mr. ttinchcliff , seconded by Mr. Hill and carried 5/('). lbr approval of Excavation Pein'fit Petition No. Ex 59.644 "Jackie \Veeks Homesite and Commercial Excavation" with amended stipulations. Enviromncntal Advisoq:' Board Minutes .......................................... November 4. 1998 l'agc $ Water Management & Environmental: That tile E.A.B. approve EX 59.664 with thc following stipulations: I. Tile excavation shall be limited to a bottom elevation of 16 ft. below existing grade. which is approximately 14 ft below \VSWT. 2. Off-site removal of material shall be subject to "Standard Conditions" imposed by thc Transportation Services Division in document dated 5/24/88 (copy attached). 3. No blasting ,,','ill he permitted unless issued a separate permit by Collier County Project Plan Review. however, blasting appears to bc unnecessary. 4. The petitioner must apply for a Vegetation Removal Permit. Environmental Stall shall perform a site visit to determine tile need for a Vegetation Rclnoval Permit and to check for an.,,' listed species. ,No work shall be done prior to that site visit. 5. A lake littoral zone may be created and Planted ifdcsircd by the SFWMD. 6. All provisions of Collicr County Ordinance No. n-, --,-, . :.,.~-t.~. Division 3.5 shall be adhered tO. 7. A 20 ft. maintenance easement dedicated to the SFWMD shall be provided around the perimeter of the lake. OI,D BUSINESS Discussion on EAB/EPTAB Consolidation -Proposed EAC Amendment to thc current EAB Code. September 16, 1998 preliminary draft, for review and comment. MOTION: Made by Ms. Dcionu. , seconded by Mr. Espinar . and carried 5/0 1o amend Section 5.13.2.3 (10) to include excavations over 35.000 C.Y.. instead of 1.000.000 C.Y. as proposed by staff. COMMENTS: For a complete record of the proceedings reader is directed to thc tape recording of this meeting, located in tim Office of thc Clerk to thc Board. 5'h Floor. Building "F". Collier County. Government Complex. There being no furtimr business, the meeting was adjourned by order et' tim Chair. Environmental Advisory Board .M m/den,'h:'.EA B Forms Blair Foley, Chaim'tan DATE: PLACE: ENVIROMENTAL POLICY TECHNICAL ADVISORY BOAI;['~C 0 /~ lgg8 AGENDA Board of' CounD, Corr~fssioners December 14, 1998 Collier County Government Complex Health and Community Services Building 2nd Floor, Room 216 ThME: 4:00 p.m. I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES - October 19, 1998 IV. ANNOUNCEblEYFS V. OLD BUSINESS a. Environmental board consolidation (LDC Amendments) - Final hcarin,.z scheduled for January. 27, 1999. VI. STANDING COMMITTEES A. COMMITTEE REPORTS VII. VIII. IX. (I) Steering Committee - Vacant (2) Resource Committee - Mike Simonik (3) Growth Management - Mike Delate B. SPECIAl. PROJECT COMMITTEE REPORTS (1) NRD Budget- Vacant NEW BUSINESS PUBLIC COMMENT ADJOURNMENT Carter Constantine Oerr] Misc. Cortes: Copies o 2 Minutes of November 10, 1998 SUMMARY OF RECOMMENDATIONS AND MOTIONS: Minutes of the October 13'~' meeting: Postponed for future meeting when quorum present. 5. LANDSCAPE ARCHITECT'S REPORT A. Mike recommended cutting down the mahogany trees that have been damaged by storms. 6. LANDSCAPE AMDINISTRATION REPORT Co Val advised that funding for the extended turn lanes on Santa Barbara Boulevard would need the support of the committee so that the allocation can be placed in next year's budget. This should be done prior to curbing and landscaping in Phase II1. Cheryle will follow up. 7. PUBLIC WORKS ENGINEERING DEPARTMENT REPORT Micah Massaquoi advised that the County Attorney still has the Arazoza Brothers contact but it is scheduled to be signed by the Board shortly. Cheryle advised to let her know if this doesn't take place within the next week. Agenda- December 8, 1998 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Meeting called to order Roll Call Approval of Minutes - Meeting of October 13, 1998 & November 10, 1998 Landscape Maintenance Report- Chuck Buckley Landscape Architect's Report - Mike McGee PWED Report - Micah Massaquoi Transportation Administration Services Report- Russ Muller Committee Members' Reports Old Business New Business Public Comments Adjournment Next Meeting: January 12, 1999, 4:00 p.m. @ Golden Gate Community Center Minutes of November 10, 1998 1. Meeting called to order at 4:08 p.m. at the Golden Gate Community Center. As there was no quorum present, minutes were taken for informational purposes only. Roll Call: Present: Cheryle Newman, Sabina Musci, members: Val Prince. Russ Muller, Transportation Landscape Services: Micah Massaquoi. Public Works Engineering Department; Mike McGee, McGee & Associates; Chuck Buckley, Commercial Land Maintenance, Jacqueline Silano, recording secretary. Excused: mark Houghton. Absent: Bonner Bacon and Charles McMahon. 3. Minutes of the October 13:'" meeting: Postponed for future meeting when quorum present. 4. LANDSCAPE MAINTENANCE REPORT A. As recommended by Mike McGee, Chuck Bucktey sprayed with sequestrian iron, insecticide, fungicide, and fertilizer. B. Tropical Storm Mitch caused minor damage. C. Repairs were made to the sprinkler system on medians 15 and 20. D. A vehicle caused damage to about one-third of median #20. Chuck expressed his concerns about street sweeping on C.R. 951. The debris is causing a safety hazard, Val noted that the county sweeps on an as- needed basis. He check with Mark of Road and Bridge for the frequency and location schedule but was not provided with the information in time for this meeting. He is also still waiting fora mowing schedule for the internal roadways. He advised that Road and Bridge is trying to mow on a three-week schedule. Once he has the information, coordination with Commercial Land Maintenance can be done. 5. LANDSCAPE ARCHITECT'S REPORT A. Mike recommended cutting down the mahogany trees that have been damaged by storms. B. Copies of an estimate for replacement plants from Commercial Land Maintenance were provided. 6. LANDSCAPE AMDINISTRATION REPORT A. Val advised that there will be a price increase in mulCh effective January 1s: Chuck will try to do some mulching before then. SO Russ informed the group that Ed Kant suggested that the median across from the pre-school on Hunter be paved over and additional dirt and more posts be installed on Tropicana. If there continues to be a problem then this median will also be paved over. Val advised that funding for the extended turn lanes on Santa Barbara Boulevard would need the support of the committee so that the allocation can be placed in next year's budget. This should be done prior to curbing and landscaping in Phase Ill. /Cheryle will follow up, D. Copies of the Budget Status for funds 104 and 136 dated November 1998 were distributed and reviewed. 7. PUBLIC WORKS ENGINEERING DEPARTMENT REPORT Micah Massaquoi advised that the County Attorney still has the Arazoza Brothers contact but it is scheduled to be signed by the Board shortly. Cheryle advised to let her know if this doesn't take place within the next week. 8. COMMIT-TEE MEMBERS REPORTS A. Cheryle expressed her concerns about the condition of the canal along C.R. 951 and read a letter she drafted to Mr. Clarence Tears of the Big Cypress Basin requesting the canal be cleaned up. the area between the,guard rail and waterway be cleaned up and mowed, and trees trimmed. B. Cheryle provided copies of a letter she sent to Russ Muller regarding the proposed improvements to the Golden Gate bike/pedestrian pathways. As there ,,'vas no further business to discuss, the meeting was adjourned at 4:55 p.m. The next scheduled meeting will be held on December 8. 1998 at 4:00 p.m. at the Golden Gate Community Center. MEMORANDUM RECEIVFD DEC 998 Board of County Commissioners TO: FROM: DATE: RE: Board of County Commissioners Judith Kraycik, Secretary Real Property Management Department December 15, 1998 Golden Gate Estates Land Trust Committee Minutes Pursuant to Ordinance No. 87-48, enclosed please find the approved minutes of the Golden Gate Estates Land Trust Committee from the September 28, 1998 meeting. If you have any questions or comments, please advise. ,, /' 14~'~'ts _ ~',/ - Carter · i/- ,. Constantine Berr$ IF/ - f,,!i.%. Corres: Copies To: GOLDEN GATE ESTATES LAND TRUST COMMITT~,~-~"~uvr"u?, MONDAY, SEPTEMBER 28, 1998 , . ..., GOLDEN GATE ESTATES BRANCH LIBRARY .... Matthew Hudson Stephen Greenberg Karen Acquard Sandra Taylor Judith Kraycik Chairman Member Member Director, Real Property Management Department Secretary, Real Property Management Department i. CALL TO ORDER The meeting was called to order at 7:10 P.M. by Matthew Hudson, Chairman. !1. APPROVAL OF MINUTES - August 24, 1998 Karen asked if the minutes had been changed to reflect the correct titles of Mike Wittenberg and Linda Hartman of the Golden Gate Estates Area Civic Association. Sandy said the changes were made. Karen made a motion to approve the minutes as drafted. Steve seconded the motion and the minutes were so approved. III. APPROVAL OF TREASURER'S REPORT AS OF AUGUST 31, 1998 Sandy reported the ending cash balance as of August 31, 1998, was $346,669.01 and the available cash balance was $338,526.21. Sandy noted the allocation for the Rural Safety Structures is not included in this report. Steve made a motion to approve the Treasurer's report. Karen seconded the motion and the report was so approved. IV. COMMITTEE MEMBER VACANCY Sandy said two members terms are expiring creating two vacancies and there are two candidates, Karen and Steve. Matt made a motion for Steve to remain for a second term on the Committee. Karen seconded the motion and all in favor. Matt made a motion for Karen to serve a full term on the Committee. Steve seconded the motion and all in favor. V. 56 ACRE SITE (KAREN ACQUARD TO PROVIDE UPDATE) Karen stated Maria Ramsey, Director, Parks and Recreation Department, was a guest speaker at the Golden Gate Estates Area Civic Association meeting at which time she said there are no plans to use the 56 acre site within the next five years except to possibly create some nature trails. Karen continued it was her impression that the Parks and Recreation Department is of the understanding the site is earmarked for their, use indefinitely. Matt and Steve agreed that is true. She said she would like to see this situation reversed wherein the Committee would take the site back, reserve it for future marketability not allowing Parks and Recreation to use the site when and however they choose. Sandy explained that the site is owned by the County and the Committee makes recommendations to the Board regarding the use of land within the Trust. In order to change the status of this site, the Committee can make a recommendation to the Board. Karen said the Committee had previously recommended that this site be reserved for park purposes. Therefore, she would like to take away that recommendation. She added that a park is needed and if Parks and Recreation are not going to use it for a park it should not be reserved for that purpose. Sandy asked if Maria had mentioned using the site for a passive park with picnic tables and a disk golf course which she had previously stated in correspondence dated October, 1997. Karen answered Maria said eventually there may be picnic areas but she also mentioned using the facilities at the schools after school and on week-ends. Matt asked if the minutes from meetings which addressed this issue would be available in order to determine how the recommendation was made. Sandy stated in 1994 the 'reserve' list was prepared which states the 56 acre site was for park purposes. This list will again be presented to the Board in July, 1999. At that time the Committee will review the list and make recommendations. Matt stated it is safe to say that the Parks and Recreation Department will not do anything with the site before July, 1999. Therefore, as the Committee will review the list at that time, they could recommend the site be reserved for future marketability. Then if at some time in the future the Parks and Recreation Department wishes to pursue providing a park in the area, the site could still be used for that purpose. Sandy said she found a memo she wrote in May, 1997, when the property was being considered for use as a sod farm. The memo was directed to the Administrator of Public Services to whom Maria Ramsey reports. It explained the purpose of the Golden Gate Estates Land Trust Committee and requested she be contacted regarding any intended uses of the property to assure all the terms and conditions of the 1983 Agreement are addressed. Karen asked if the issue is not addressed until July, 1999, does that mean that the Parks and Recreation Department could do something with the site without notifying this Committee. Her main concern is that the site will be used for nature trails. Matt said that was never the use the Committee had intended. He continued to say this site was set aside at a time when the Committee was seeking property for the existing community park. The Committee had looked at where future development of the Estates was expected and concluded that eventually the 56 acre site would be an ideal location for a regional park. He said the development of the site as a regional park had been discussed with County representatives at that time. However, that was before Maria Ramsey started with the County. Karen expressed her concern that the Parks and Recreation Department may proceed with development of this site without the knowledge of this Committee. Matt said due to budget constraints he is confident the Parks and Recreation Department will not pursue development of any kind within the coming fiscal year. Therefore, in July when the inventory list is reviewed, the Committee may decide to reserve this site for .,~.,~ ........... · ~1 IIII · III II II IIII - -- i A P P R' (JVED~ future marketability rather than a park site. Sandy confirmed that no'.-funds were allocated in fiscal 98/99 for development of this site and although they could ask. the Board for additional funds, it is unlikely they would do so. Sandy offered to send a memo to Maria Ramsey similar in content to the one sent to the Public Services Administrator in May, 1997. Matt said in his opinion that would not be necessary. Karen agreed. Matt suggested at the time when the list is reviewed a representative from the Parks and Recreation Department could be invited to attend a meeting to inform the Committee of their plans for this site. Steve asked about the process of reviewing vacant land. Sandy said a list of every vacant parcel of land the County owns is forwarded to all County agencies who then are given the opportunity to reserve sites for future uses. Vl. RURAL SAFETY REFUGE STRUCTURES Sandy said the Executive Summary for the Agreement will be presented to the Board of County Commissioners on October 13, 1998, provided the Transportation Department Director returns the paperwork in time. Karen asked about the time limit on the Agreement. Sandy said it is one year from the date the Board executes the Agreement. VII. PUBLIC COMMENT None. VIII. NEXT PROPOSED MEETING DATE Monday, November 23, 1998 (7:00 p.m.) or Monday, December 7 or 14, 1998 (7:00 p.m.) Sandy said the November 23 date is the Monday before Thanksgiving. Steve said he could not be present on that date or on December 7. He said he would be available December 14. Sandy said the only reason to meet prior to December 14 may be if an application is received for the existing vacancy. Sandy added that she is no longer permitted to do a vote by phone. Steve asked why. She said it was related to the Sunshine Law. Steve asked if a vote could be taken by mail. Sandy said no. The only alternative allowed is that a missing member could be put on speaker phone during an meeting if there is a quorum present. It was decided to hold the next meeting on December 14. IX. ADJOURNMENT Steve made a motion to adjourn the meeting. meeting was adjourned at 7:25 P.M. Karen seconded the motion and the HISPANIC AFFAIRS ADVISORY BOARD B~,ard MINUTES OF MEETING of SEPTEMBER 16, 1998 RECEIVED [DEC 0 4 1998 at the County Cc~maissioners Collier CounD' School Board Meeting Room, Naples, Florida PRESENT: Frank Rodriguez, Chairman, HAAB Dora Vidaurri, HAAB Member. Sandra Buxton, HAAB Member David Correa, HAAB Member Pete Cade, HAAB Member Kate Warner, HAAB Member Fank Loney, HA.KB Member Ramiro Mafialich, Chief Assistant County. Attorney and HAAB Staff Liaison Member DISCUSSION REG.,kRDING TIlE COLLIER COUNTY SCHOOL BOARDS ADMIN'ISTRATIVE REORGANIZATION PLAN The September 16, 1998 meeting of the Hispanic Affairs Advisory Board of Collier Count.,.' convened at approximately 7:00 P.NI. There was a quorum of seven (7) in attendance. A Motion was made David Correa to waive approval of the August 20, 1998 minutes in order to discuss the main topic. Sandra Buxton seconded the motion and it was approved unanimously. Chairman Frank Rodriguez explains the duties of the board and that the community requested a meeting due to the removal of Dr. Cardona. He explains that the number one concern of' everyone is the children, and that the School Board and Administration should be aware that this is a serious concern. He explains the purpose of this meeting is so the public can ask questions and get answers. * **Bo ard members introduce themselves* * * * * * * (PUBLIC SPEAKS) IX, Rs. Caridad Herrera Nunez speaks on regards that they are here as a group. Misc. O,,:e. Copies To: Maria Caldad a resident of Immokalee for the past 28 years speaks on behalf of Dr. Cardona and states Mr. White had stated that it was because of qualifications that Dr. Cardona was removed. She stated that there is corruption in the school system in Immokalee. She regards this statement to an economic teacher known as Cropfree who is a felon. She mentions that since they had Munz and Cardona things were changing. Mr. White asks that the audience refrain from mentior~in~ names, that the purpose of this meeting was in regards to Dr. Cardona. Mr. Nelson Faerber (Vice Chairman) appeared before the HA.~ and public and introduces himself in a lengthy manner. Advises that the School Board recognizes any board or organization. How long has he been here. (Since 1954) Explains he is a personal friend of Dr. Cardona. Reiterates what Dr. White stated earlier about refraining from speaking about specific individuals. Explains to the public that an Advisory Board has been formed in ImmokaIee to assist with the problems. Kate Warner asked how can thc community get on an advisory board. Dr. Morris explains that each principal has been told to choose two people. Chairman Rodri~ez asked what thc duties of the advisory board were. Nh-. Faerber explains that the board would advise of any problems to the School Board. Mrs. Rodriguez asked hoxv they figured the race percentage. Mr. Faerber stated by application. All applications have a question in regards to race. Mss. Caldad explains that the people of Immokalee come straight to the board meetings because they don't listen, that she had to wait 3 hours in Nh-s. Bates' office. Mr. Faerber explains that in the past they received a lot of negative feedback and that when Mr. Touron and Prinus were in they received many positive remarks and that the opportuniD' should be given to the new people; referring to the replacement of Dr. Cardona. Chairman Rodriguez explains that the advisory board is a good ideal and it was.leading in the right direction. Mr. Faerber explains that at one point a Hispanic advisory board was considered, and because of changes it never took its toll, but as far as recruiting personnel staff (minorities) it was getting better. David Correa explains that time is of essence and the purpose of this meeting is to get answers in regards to Dr. Cardo'na. Mr. White introduces himself in a len~mhy manner. Explains that he is not able to talk about specific people evaluation, in regards to Dr. Cardona. Advises the public that there was a reorganization meeting that resulted in adding a third person and building an advisory board. That this board could be an Open Ear that could bring concerns to the School Board. This meeting could be held once a month with concerns about curriculum. The reorganization began early in March. He explains the re~lations of the School Board. Explains that Dr. Cardona spent many hours in the car because of traveling from Immokalee schools to schools in Naples. David Correa asks why was Dr. Cardona removed and why was a curriculum position given to him. Dr. White speaks in regards to how Dr. Cardona was removed: He explains that the 3 people replacing Dr. Cardona were qualified. Dr. Woodrow has two years experience in Elementary. Dr. Morris (Director of Pupil Services) He felt was very tmowledgeable with children in the Middle School. Dr. Turtle - only CNI - High School David Correa explains that although he felt that Dr. Morris was great, that none of his stz/ff is as qualified as Dr. Cardona. White - 39 changes were made. Explains no commute made for the CEO level. Likes the idea that Frank Rodriguez brought up. How he (White) based his decisions - skills, ability., knov,'ledge brought, leadership. Explains Mrs. Torres is in charge of rotating in the school to get with working parents.. Mrs. Maria Caldad - the community xvoutd have accepted anything other than cutting him down. M.r. V, rhite. "He would have been gone" sooner than you think. States he had several meetings and given 2 other choices (2 other district positions). Frank Loney excuses himself because he felt the School Board personnel was running the a~enda. ., Frank Rodriguez explains one important issue was left out and that was."sensitivity," and states the comments of the students. Mr. White explains that they are devoted to recruiting minorities. Kate Warner explains that because of time many people came from far away and that the opportunity should be given to the public. Audience - Mrs. Mm-ia Grimaldo reads 2 letters from her 2 children in college. "Big mistake .... ,.vt don't want to go back 20 years." "Feels its a step back." Gary speaks and asks why he did not choose 1 of the 2 positions offered. Nh'. Faerber explains that at one time Dr. Munz made him uncomfortable. Nh-s. Buds explains that we should look forward and leave the past. That we should '.vork together, and look beyond color. That she is wot 'king with our children. Mrs. Rodr/guez explains that the communi .ty of Immokalee people are not always available. That from experience door to door is a good method along with a suggestion box that would assist. lVlr. White explains that they are not going back and gives a back~ound: Chairman request comments from the board. David Correa explains how sad he is to see Dr. Cardona removed, and ,.,,'as insulted because it was done during the Hispanic Culture Month. Mr. Wlxite departs. Sandra Buxton explains that the hours of the community is important because they v.'ork different hours. Kate Warner - none at this time. Pete Cade - Are we beating a dead horse? Mr. Faerber explains that Mr. White explained that the 3 people assi~ed are able and qualified. Dora Vidaurri explains that the ansv,'er as xvhy he was removed `.`.'as not given, or made clear through - out the entire meeting. Mr. Morris explains that all children will be treated equally. Frank Rodriguez advises a minority advisory board to be done. Motion: Suggestion of minority advisory committee relating information to ttAAB. Sm~drs Buxton Co~l. Dav;.d Con'ca movc~ td kav¢ HA_~B ~ap. por2ng thJ. s proposal wit.% Sar. dm B",~.an to ::ct as reprc~c...t~vc ef HAAB tn th, Collic:'. Coun%, Micro Ent='p.~..sc Co.?om:ion. K~c Wan:~ A'~pmved by ~he Hispanic Affa~ Advisory Roard on . ( ~d'_.y et' RECEIVED 7":.-..¢4 DE "O q 1998 llispanic Affairs Advisory Boar~.-~/~ '% - ~ /.5 Board c,~ County Cc'~issioners Minutes of Meeting of Thursday;%ugust 20, 1998 ,,/ " I/ ,t · Board Members Present Board Members Absent/Excused Frank Rodriguez, Chairman David Con'ca, Vice Chairnmn Pete Cade, Member Dora Vidaurri, Member Kate Warner, Nlcmbcr Frank Loney, Member Guests: Sandra Bu~l~nt~Membcr c'/ Carter Constantine Mac'Kte / ,/ ~err~ ,,.:,,.. Corre3: Maria Torres, Representing Dr. Dan White - CCPS Julianna Anderson, Vice President, NAACP, Collier County Ms. Gregory, potential applicant or HAAB membership 1. Meeting was called to order at 7:00 P.M. Copies To: 2. Minutes of June 25, 1998, considered; David Con'ca moved to approve. Pete Cadc seconded and the minutes were unanimously approved v.,ithout amendments. 3. There being no presentations by Board members, the Chairman moved to cover the subject of applicants to the HAAB. The Chairman asked Ms. Gregory about her status in thc U.S. She explained that she ,.,.'as a legal resident but not a U.S. citizen. The Chairman explained that it was a requirement that HAAB members be registered voters, and to do so, it ',,.'as necessary to be a U.S. citizen. Ms. Gregory understood she could not become a member but indicated that she would be willing to help the Board given the fact that she had the experience of living in South America, and she ,,,,'as fluent in spanish. She also indicated that she constantly interacts with members of the Hispanic community in her job. Ms. Preston, '`,.'ho had not sent her request to be considered for membership on the HAAB to the County Administration Office, presented her resume and asked the Board to send it on her behalf to Ms. Sue Filson for consideration. She said she was a registered voter and that in the past had been involved in Hispanic community affairs where she previously lived. Answering Kate Warner's questions, she mentioned a need for after school programs for poor families. She also indicated her commitment to attend all HAAB meetings and understood the scope of action and attendance requirements of the HAAB. Maria Henry ',vas not present but Ms. Gregory explained that due to Maria's personal schedule, she indicated she could not commit to attend all the HAAB meetings. 4. The Chairman explained that IVlr. Mafialich could not attend tonight's meeting duc to a scheduling conflict -- because he had been assigned by the County Attorney to attend the Ethics Committee Meetings. However, he suggested the Chairman'address certain topics that wcrc covered as follo,,"'s: a. Mr. Mafialich received a call from Mr. Facrbcr (Vice Chairmar~ of the CCPS School Board), indicating that duc to a conflict with tonight's School Board meeting, he could not attend this I-IAAB meeting, but he would attend other meetings of the Board or a designated committee. b. Remind and verify with Ms. Dora Vidaurri her future attendance requirements to thc HAAB meetings. The Chairman covered this subject and ?vis. Vidaurri agreed to reinstate ~o the Board and attend all meetings as scheduled. c. Mr. Mafialich indicated that he will prepare a draft letter to be revised and signed bv tile Chairman for the County Commission, to notify the vacancy left by Mr. Chemas. d. Mr. Mafialich reminded the Board to take tile last 15 minutes ofeach meeting to plan the next meeting's agenda. This would save time in scheduling meetings and communicating with all membcrs. 5. The Chairman explained a program for "Self Development" offered by thc Presbyterian Church across the U.S. This program offers grants as a resource to cover costs associated with education or other forms of training aimed at enhancing the individual's ability to improve economic conditions and escape poverty. Informative brochures (Spanish and English), were offered to members of the public. 6. The chairman opens the subject regarding the CCPS administration reorganization and its impact in the Hispanic community. He then explains that David Con'ca, who placed the subject on the agenda, ,,,,'ill lead the discussion on it. Mr. Corrca explains that he wanted to discuss and get answers about why Dr. Cardona had been removed from his position of Principal in an elementary school. He then asked Mrs. Torres to elaborate on tile subject. Ms. Torres explained that she did not have all tile answers but would try her best to help explain things. She indicated that her position in the school system ,,','as Director of ESOL and multi-cultural programs. She attended this meeting at the request of Dr. White to bring feedback from the community to him. She explained that Dr. White ,,viii attend a meeting with the HAAB or a HAAB committee when not conflicting with the CCPS Board meetings. Answering to Mr. Con'ca, Ms. Ton'cs told about a previous meeting she attended where, amortg othcr people, Dr. White and Dr. Cardona ,,,,'crc present. She indicatcd that at that meeting (White and Cardona) talked about an "agreement" they had reached by which Cardona had chosen to be a principal at Shadowlawn Elcmcntary because hc wanted to be close to the children; but that hc had thc choice of retaining one of 3 positions as ail Assistant Supcrintcndcnt, and that his choice would not affect his salary. Ms. Ton'cs indicated that she had no knowledge of the "agreement," nor of any other convcrsation bctwccn White and Cardona related to this subject. Digna Bar,rom (parent from lmmokalce), indicated that she understands that Dr. Cardona was not offered the opportunity to retain a position as Assistant Superintendent, that he ,,,,'as offered 2 other different positions and hc chose Shadowlawn Elementary. She indicated that our community has suffered a great loss... "we had open communications with him at all times.. Juan Medina (parent from lmmokalee), explained that this is not a racial issue, but it is about what Cardona represents for thc students and parcnts in the community. Everyone sccs him as a role model that shows there is a way beyond him... "Dr. Cardona has been an inspiration to our kids because of,.,,'here he conics from.., thc community is hurting bccause of his loss.., thc community has lost a good role model..." Olga Hemandez (parent from lmmokalee), indicates that this is a disappointment. She mentioned that students grades have improved during Dr. Cardona's administration... "we don't understand why the interim super/ntcndent changed the entire system and demoted Dr. Cardona..." Cynthia GarcJa (parent from Immokalec), "... There arc a lot of angry people because of Cardona's removal and demotion.., the community does not understand ... All they knox,,, is that Cardona is gone. They ask ,.,,'Ilo will be next? ... Primus? ... Touron? ... who? ..." "Evc?,'here you go you find parents and students frustrated and upset about this...' Ms. Torres explains about acconlplishments by tile administration during the years and adds, "...I'm one of you ... I'm hcrc not to have an argument but to help..." David Correa~repeats his concerns about the actions taken with Dr. Cardona and indicates that if Ms. Torres is not prepared to answer his questions, she has nothing to contribute on the subject and she may remain in the meeting as any other member of tile audience. He cannot understand how is it possible that a qualified Hispanic is rcmo,/ed from a community where a large majority is Hispanic. Olga Hernandez (parent from Immokalee), comments that Ms. Torres being a CCPS employee is in difficult position here tonight. She mentions that in Immokalee rumors become real. Not too long ago, there were rumors about Dr. Munz going to be out.., now there is a rumor about Jerry Primus and Manny Touron, maybe they will be the next ones to be out "... Immokalee has no one who represents us ... Iris. Goodnight was elected by people from Naples and she represents the interests of Naples, not Immokalce..." 166 Digna Barroso (parent from Immokalee), mentions that Dr. White talked about Dr. Cardona having more than 3 choices but did not elaborate on those choices "... The public needs to see personnel files to verify what was the reason for the removal and demotion of Dr. Cardona..." She also indicated that "... Ms. Goodnight does not represent the interest of Immokalec in thc School Board..." Frank Loney indicates that he feels very, upset with Dr. Cardona's situation and that he is willing to do whatever is necessary to help the community get the answers. He suggested a parent's meeting to draft a petition to gather signatures to turn around the decision of Dr. White. He indicated that there is a need to maintain open communications with the community. Ms. Torres agrees with Frank Loncy and repeats that communication is a need and devotion. Frank Rodriguez reads from a copy of the Naples Daily News comments by Dr. Cardona when he said, "... I guess Dr. White felt I ',,,'as not part of the team .... "and indicates that thc statement made by Ms. Torres about Dr. Cardona's offer to be retained in Assistant Superintendent position, is in conflict with his comment quoted on the Daily News ... Frank shared comments he gathered through phone calls and other communications from parents, students and community leaders regarding Dr. Cardona's situation and also the CCPS Administration's reorganization. He provided a copy of the comments for the minutes (attached). Scharolotte Sampson (from NCH Human Resources), indicated that from her experience, personnel files are confidential and it needed the authorization of Dr. Cardona to be open to the public. She feels that petitions, signatures and other organizations involved would help this community effort. Frank Rodr/guez suggests to put ideas together as to how to get information and answers as to how this happened and suggest to create a sub committee headed by Con'ca to follow up on the subject. Ms. Preston repeats that petitions will help. Attachment Comments From llispanic Parents, Students And Community Leaders About The CCPS Administration Reorganization (About Dr. Cardona) "... Cardona has been removed from his position; ... who ,,,,'ill be next, a Hispanic Principal? ... Counselors'?.... Teachers?..." "... Cardona has been the first Superintendent that looked after the children's future..." "... He inspired us; when you looked Dr. Cardona in his eyes, you could see your £uture..." "... Dr. Cardona kept his presence throughout the community..." "... Dr. Cardona is the main reason why I graduated from college..." "... In two years, when I finish college and graduate as a teacher, I don't want to come back and work for the CCPS because of what I saw that happened to Dr. Cardona..." (About actions of Dr. White and School Board member) "... We need action and REAL changes ... not promises..." "... There are abuses of authority by a School Board member ..." "... Our community (needs) has no representation. It needs to be respected and recognized..." "... Our kids feel inferior and perceive administrative decisions as WALLS that bring frustration v.'hich will defeat their hopes and motivation, negating them opportunities for Success... "... We need School Principals, Counselors, Teachers, Superintendents, and Administrators that come out into the community and have an open door for us to communicate with them..." "... One of our own who graduated as ateacher had to accept a teaching position in the East Coast because they could not even set a foot in the door with the CCPS..." "... We don't want to see this kind of situation repeated..." "... Hispanic students are about 80% in Immokalee ... the School Superintendent must show sensitivity to them and us as their parents, and maintain in our District and Schools, a highly visible presence of administrators, teachers and other employees of Hispanic descent who are clearly sensitive to our culture...' ... Elected officmls (School Board members), and Public School administrators are accountable to us, the taxpayers and student's parents, for their decisions. We have the right to demand from them satisfactory performance and the best education for our kids..." Digna Barroso mentions that Dr. Wlfite claimed saving over S320,000.00 but she cannot see v,'bcrc because there arc more people working now than before and mentions that Ms. Torres just became part of the people added to Immokalee. Cynthia Garcia suggests that parents may not send thc kids to school in protest. Ms. Torres comments ... please leave the children out of the conflict. Yolanda Cisneros (running School Board candidate), comments that to hold the children you need to file documents with thc CCPS and teach them at home. Frank Loney comments that bis. Torres bas been "used" by Dr. White as "bait" for his meeting because of her being Iqispanic. David Corrca speaks ~y) about the impact of this incident in tile Hispanic community and not being able to get answers from Ms. Torres. Mr. and Mrs. Torres leave the meeting arguing that she has been treated with disrespect and considers it unacceptable. Correa feels we should not have a sub-committee. Frank Rodriguez calls for suggestions to take a course ofaction. Olga Hemandez suggest the HAAB to send a letter to the County Commission stating the concerns and anger of the Hispanic community. Frank Rodriguez clarifies the distinction between the School Board and the County' Commission, and that such a letter would not necessarily contribute to change Favorably the situation. Members ofthc audience suggest thc H:L,X.B call a meeting with Dr. White and tile Chair or Vice Chair of the School Board to inquire about the subject of Dr. Cardona and thc CCPS reorganization. David Correa moves for HAAB to schedule a special meeting v,'ithin 3 weeks with Dr. White and the Chairman or Vice Chairman of the School Board, to openly discuss all issues affecting the present situation and consider possible options and suggestions to correct thc same. Kate. Warner seconds the motion and the Board approves it unanimously. Pete Cade will communicate the date and time of the meeting to the people of Immokalee, and Kate Warner will work as an ad hoc committee with Ms. Scharolette Sampson, to delineate and outline questions and issues to be covered in the meeting. Among other suggestions are to inquire about reviewing the CCPS structure -- xvhat plans are in place to promote diversity -- ho',,,' the Hispanic community may become involved in the decision making process, etc. 5 Kate Warner admonished the Board on the subject of how to treat members of the audience. She considered that it was grossly inappropriate, offensive and near insulting the manner Ms. Torres ',,,'as treated tonight and felt embarrassed about the attitude and lack of professionalism from some of the Board members with regard to the public. David Correa indicated that he feels too emotional about Dr. Cardona's issue and finds it difficult to talk about it and not show his disappointment. Having no other business to deal ``vith, the meeting ,,vas adjourned at 9:00 P.M. 6 COLLIER COUNTY GOVERNMENT (;OMMI;NI'I'Y I)F. VI'~I.OI'MI!N"F ANI) F. NV[I~ONMI:.YI'AI. SF. RVI('I':S DIVISION l)ccember 3. 19gg Lis. Christina I!ggers CLG Coordinator l?,ureau of I fistoric Preservation R.A. (ira.,,, Building 500 Sou~h Bronough Street Tatlahassee. Florida ';~';oo O".;o Boird 0~' Count., RE: C'ollier C'ounlv Preservation l'~oard .Xlee~ing Dear Nls. l:.ggers: This letter is to inform you that the Collier County l listoric nmi Archaeological l'reservation l~oard will hold a public hearing on Friday. l)ccemberl 1. 1998. I have enclosed a copy ot'the agenda For your review and records. IFx'ou have any questions regarding these meetings, please cio not hesitate to contact mc at: 041-40.~-_46_~. Very [rtl[',.' VOtlrs. ,' l'rincipal Planner (C[.(i Coordinator} I listoric l)rctcr,.n!ion, l~,Vlt,rb Copies To: Building Review & PermitTing Code Enl'orcemcnt llousing & Urban lmpro~'emcnt (941 ) 403-24(X) (941 ) 403-2440 (941 ) 403-2330 Natural Resources Planning Services Pollution Control (941) 732-2505 (941 ) 4(}3-2300 (941 ) 732-2502 AGENDA COLLIER COUNTY HISTORICAL/ARChaEOLOGICAL PRESERVATION BOARD WILL MEET AT 11:00 A.M., FRIDAY, DECEMBER 11, 1998, BARGE RESTAURANT ON C.R. 92 IN GOODLAND, FLORIDA: NOTE: D~Y PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, ~ND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY ~_~ EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE N3. PB WILL BECOME A PERMA~ENT PART OF THE RECORD. THESE ~TERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ADDENDA TO THE AGENDA 2. APPROVAL OF MINUTES: November 13, 1998 PL~3~NING SERVICES DEPARTMENT REPORT: OLD BUSINESS: A. Moran's Barge Local Historic Designation B. Nehrling's Tropical Garden C. Roberts Ranch Update D. Prese~¢ation Board Web Page 5. NEW BUSINESS: A. Survey and Assessment Waiver 6. DISCUSSION OF ADDENDA 7. ADJOURN HISTORI~ ~GENDA/md COLLIER COUNTY GOVERN, L, Il. ('OMMi;NI'I'Y I)I:, I'.I.(h .,,1...., :' AND k. '~ IRONMI:N IAI. SI':P, VR']!S DIVISION l)cccmhcr 16. 1998 .':;:(}'i) N( ' "" I()RSIiSII()Ii I)RIVIi NAi)I.iiS.]:I. 3410-1 .Xis. Christina I':ggcrs C I.(; Coordinator I?,ur~au o fl listoric Preservation R.A. Gray I?,uildin~ 500 South Bronou~h Strict 'l'allahass¢c. Florida 32399-0250 RECEIVED DE' " RI:.: Collier ('ountv Preservation Board .\leetin,, Dear ,\Is. l'.'g~crs: This letter is to inform you that thc ('oilier C'ountv I listoric and ..\rch:lcohmical Preservation Board held a public hcarin~ on Friday. Dcccmbcrl I. 199S. I have unclosed a copy oI'the minutes tbr your review and records. Il'you have any questions regarding these nlccli~lgs, please do not hesitate to contact at: 041-40.,-_46.~. Very truly .vt)urs. Ray llcllmvs Carter C~stant ir, u Principal Pkmncr ~c 'K fe ( Cl.(} Coordinatorl ~rr~ I tiqorl¢ I'rcscr~ alton F. VB th cc: Vincent ,.\. (..'autcr,, ...... Sue I:ilson I'rcscrx alion Board ttemfl [tuildtng Rcv~cv.' & l'crmm:... Ctxtc Enforcement lie, using & Urban [mpm~.cmcl:: i941 ~ t94114H3-2441} (941 ) 403-233o Nalural Rcsa)tlrccs Planning .qcr,, iccs PolhJtior~ Control ~94 i, 7.1-~ -,-~- i941 ) 4()3-2300 {941 ) =32-25cc ' 3ilNUTI']S COI-I-II~-R C()U*-FY HISTORICAl. & AI~CHAI'2OI.OGICAI. I)RI.;5I~I;~ VATI()N B()ARI) 31~eting of Deeen,l~r i 1, 1998 5~aff: Ray Brlh,,.-s Th,- l>r,-~er~,,,i,,,, B,,,,M ,,,,-,-,,,,~ ``. .... lied ,,, order at 1 I:00 A31. A I)I)ENDA TO A GENI)A: A. Goodland Si~e Visit AIUUt()VAI. OF 31INUq'ES: The P~,'se,-'ation B,,a,4 ,'ote,I ,,n~,,,i,, ..... I~ 14 ,o f)J to a1,~ .... d,e ,,,i,,u,~, of ,I,~ N',,,',-,,,I,~ 15. l')q8 subject to a ~,q,ion to hen, "h" ur,der D/~cu,,ion of Adden,h. This ~6,io,, is ,o ~fle,-, ,I,e fact ,hat Al~x~n,l~ D.,~k wo,l,! ,,o~ I~ ~o,,,~,-,i,,g ,lw P~rtr o~,~r. I~I-ANNING SERVICI~S I)IH)AIUI'3IEN"F IUSPOII. T: m. No new h, for,,,ation wan l ..... ,ted. Old) BUSINI?,SS: ho 3~loran,, IL, cie: The 3Iacro hland His,otto Soeie,,- m^r be i,,tere,t,-d in ^,'q,,ici,g ,he I,ar~e ,o I a,, office mr as a nltlseu~'ii. The Boom ,liscus,ed d,e ,,,-ed to cont.,et a slruetural enghwer to see if the barge ,s ,tn,ct,,r,,lly sound enourJ, ,o ,,,o~ ,o a ,,,w loc~,io,. Since d,e I,~=ge ;, in ,'~' poo= ,'on,li6on. ve~ ex~nslve lo repair..A, a ~sult, a cost estimate should also ~ oh~ained {o see what it wouhl co,t to conve~ into a museum. Ray ~ellow, mentioned that the barge would only qualify for local de,i~a6on it has Iren ahead many times ,,vet d~e years, h wa, ,ugested that portions of d,e barge coubl and put on display .dth either the walking d~dge that connected II~e Tam; .... i Trail or plac~d in Cmrandnephew ~l~,;cl,ard) c,,,,eer,,i,,g the garden. He oppear, to I~e .'er7 i,,tcre,ste,{ in t[,e ],istom- of the garden and ,,,ay pursue local hi,toric ,lesim,~tion. Lorn ,,,-ill invite RichaM Nel, rling to a future n,reti,,g of the Preservation BooM. Rol,er~, Ranch Up,la,e: Lorn Jean Young passed out a newspaper article indicating that 5Vin,,-Dixie has made a counter offer of approximately $100,000 higher than d,e County's offer. Ray Bello``-s ,,-ill send a copy of the article to all the memhers for al,ely rx~ew and vecoMs. I). I)ISCU.';SION OF .4, I)DENI)A: ."X. (;,,o,[[an,[ ,qi.' X';.;{: .'~fter the mer~inl ami It,nrJh ?xlraa,,,h-r I)t, sek lcd ti .... .'mi,er .... , ..,, .,,, ...... hih' tour of t]~c various historic an,J .r.'h.,',,Io~i~l ,6t,'s i. Goo,ll..,l. NEXT .MIH~.TIN'(;: F,-i&:., J H i,,..-,,-I CEIVED COI, I,IER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION - tiOUSING AND URBAN IMPROVEMENT (941) 403-2331 (FAX) Norrts ~ ~ Carter ~./' Constantine '-~-"' Mac'Kte /'- ENTERPRISE ZONE DEVELOPMENT ~(gtiNCY MINUTES OF NOVEMBER 12, 1998 EZDA MEETING The quarterly L:nterprise Zone Development Agency meeting was held on Thursday, November 12. 1998, at the Florida Community Bank, Immokalee. Florida. Officio and Ex-Officio members in attendance: Fred Thomas. Jr. Gary. Dantini Raymond Holland John Kirchner Robert Asbel Lucy Ortiz Patricia LaCross for Jim Penzcykowski Floyd Crews Herman Spooner not in attendance: Jerry Primus Joseph l.ozano Al Newman Denise Blanton guests/staff attending: John Drury Jill Greentield Pauline Newborn Mireya Louviere Helene Caseltine Roll Call - A quorum '`vas present and the meeting was called to order by Vice-Chair l.ucv Ortiz at 2:12 p.m. Ms. Orliz took a moment to introduce and welcome Mr. Floyd Crews. representing SW Florida Service & Supply, a business in the Zone, as the newest member oF the EZDA. Ms. Ortiz had also spoken with Mr. Lozano regarding his non-attendance, and asked if stall' has received a resignation letter From him as yet; none has been received in the HUI office. Minutes - A motion was made by Mr. Kirchner to approve the minutes of August 13. 1998. and seconded by Mr. Spooner; the motion passed unanimously. Committee Updates Marketing - The Vice-Chair then reviexved the Committee Chair positions that are currently available With help from start promised, Mr. Kirchner volunteered to Chair the Marketing and Outreach Committee. Staff' mentioned that the marketing brochure is now~ currently is being printed "in-house". She ',vent on to say that it is now being'~.'r~fis~aCte~ into both Spanish and Creole. The brochures will be placed in the Occupational Licensinu 94lice'in/ /%0 Date:~r J / /~_~' ,~".., ,/ EZDA Minutes 11/12/98 Page two Immokalee, Florida Community Bank lobby, and the Immokalee Chamber of Commerce, plus a supply will be sent to the Small Business Development Center at FGCU. !~:li_slativ~e - Mr. Holland then agreed to serve as Legislative Committee Chair, with help offered by Ms. Greenfield ofthe EDC. T_g._x - Ms Newborn remains as Tax Committee Chair, and suggested we hold tax workshops early next year. it was agreed that word of theses seminars should be passed through the Interagency Council for better attendance. Zone Activity Buddy~._Home Fur____~nishing_s- Staff mentioned that the company has a targeted opening date oF 12/!/98; Ms. Louviere stated that she had assisted them with some permitting issues. Manufacturing Incubator - John Drury, Executive Director of the Collier County Airport Authority, was introduced. Mr. Drury explained the purpose of the fhcility, and reviewed the plans. He announced that there would be a second building next to the current one in another 18 months; he also noted that there was an official Groundbreaking Ceremony scheduled tbr November 16. Old Business - Dan Regelski of the Small Business Development Center had been invited but was unable to attend. Ms. Greenfield then discussed the area's small business needs, and that the SBDC would like to meet one-on-one with clients but will need a small office space in order to so. Ms. Louviere offered space at the Chamber of Commerce building, and will work with Ms. Greenfield to coordinate these meetings. Ms. Newborn stated that the local Department of Revenue currently schedules pre-set appointments with clients in LaBelle and other locales, and would be willintz to do the same in lmmokalee ~ New Business- Microloan Program - Ms. Caseltine briefly explained the loan program stating that the program is aimed at Iow to moderate income indMduals who want to start or expand a business, with loan amounts from a few hundred dollars up to $5,000. She announced that Florida Community Bank is participating in the program by contributing to the loan guaranty pool and acting as an active lending bank for this program. She also distributed program marketing brochures, and mentioned that these brochures will also be translated into Spanish and Creole Ms. Newborn suggested that a checklist be developed explaining programs available to lmmokalee small businesses. Ms. Greenfield added that it should delineate those that are high- wage programs vis-a-vie other programs. It was agreed the Marketing Committee would work on this with staff'assistance. EZDA Minutes 11/12/98 Page three The Vice-Chair asked tbr an update on the Ix'lain Street program. Ms. Greenlield and Ms. l,ouviere responded: bricks are still for sale, there is a street dance being proposed after the street renovations are completed. Ms. Louviere also updated the Board on the status of local matching funds tbr Lake Trafford clean-up: the Board of County Commission was in favor of supponinu this issue, but the Tourist Development Tax ordinance will need to be amended to allow tbr these types of expenditures. Vista Volunteers Literacy/Voc-Ed Program - Ms. Patricia [.aCross explained the program. saying that it was similar to a Head Start program in that it is multi-lingual, but teaches both the parents and their children. They utilize Vista volunteers to do the "leg:york" by knocking on doors to find clients. Two of these volunteers will start in December. She added that as local businesses grow and develop new products, this program can provide a direct communication bet'.veen the trainers and the labor pool as it pertains to training needs. The program works closely with Bethune, falling under the Adult Education classes, and will assess adult students' backgrounds. Copies of the grant application, which provides more details, were distributed. Prior to adjournment, Chairman Thomas entered the meeting, and quickly reviewed the items discussed. He also announced that there had been a Groundbreaking Ceremony at Farm Worker Village that afternoon, which had just concluded Staff' proposed changing the meeting location to the Immokalee Airport conference room, and all were in agreement. The next meeting date is scheduled for Thursday, February 11 at 2:00 p.m. at the lmmokalee Regional Airport. With no further business, the meeting ,,vas adjourned at 3:05 p.m. Respectfully submitted: I Iclcne Caseltine Economic Development Manager 16'" RECEIVED . · · . . SUMMARY OF RECOMMENDATIONS AND MOTIONS: Minutes of July 10'"' and September 11"', 1998 - Bob Weyers moved to accept the minutes as submitted: seconded by Al LePain and carried unanimous y LANDSCAPE MAINTENANCE REPORT George noted that the easements adjacent to both sides of the Doral bridge abutments are not being maintained and requested that weeds be pulled and that the debris be cleaned up. Paul stated that Top Notch sprayed last week' Mike McGee requested that copies be sent to him so he can follow up what is being sprayed, M~ke cautioned pulling plants infected with fungus since it could spread' he advised using fusilia. ~ 6 LANDSCAPE ARCHITECT'S REPORT A Mike McGee distributed copies of the September Quarterly Maintenar~ce Report. He met with Mr Martinez recently and reviewed his findinos. Fie stated that although things are improving. Advanced Lawn and Lan~scap_e needs to stay on toE. of the Sprayin.q b_einq done__b_y, their sub-contractor. This information is not being~rovided on a monthly basis as it shout~ 8 NEW USINg. SS B "- A George noted that a ne;*,, state flaq is needed at the U.S. 41 entrance will order one. - Con~t~nttn~ 8err~ 1// [./- III ! Agenda - November 13, 1998 Meeting callcct to order Roll Call Approval of Minutes - ,Meeting of Octet)ct IG, 1998 Landscape Maintenance Report - Actvanccct Lawn & l.anctscapc Landscape Architect's Report - Mike Mc(icc Transportation .'~dmi;listrati~)~l Se~Ticcs Rep,~rt Cr~mmittce Members Reports: B~t~ Cole Bob Wcx'crs A1 LePain ()ld Business Ncw Busim, ss Meeting called to order at 4:00 p.m. Location - Facilities Management. Conference Room 111. Attendance Taken: Present - Al LePain. Robert Weyers. and George Pearson. members; Russ Muller and Sheila Convery, Transportation Landscape Services: Mike McGee. McGee & Associates: Paul Duguay and Amador Martinez. Advanced Lawn and Landscaping: Jacqueline Silano. secretary. Excused Absence: Robert Cole. member. Minutes of July 10'" and September 11". 1998- Bob Weyers moved to accept the minutes as submitted: seconded b,/Al LePain and carried unanimous y LANDSCAPE MAINTENANCE REPORT 3, G George noted that the easements adjacent to both sides of the Doral bridce abutments are not being maintained and requested that v`/eeds be pulled a~d that the debris be cleaned uc Paul introduced Amador l'.,latdnez who ,,'.,ill be supervising the job. He stated that the sod that was damaged by chinch bugs has been replaced: he ,,,,,ill judge whether it needs to be to¢-watered Paul stated that Top Notch sarayed last week: Mike McGee requested that copies be sent to h~rn so he can follow up what is being sprayed. Mike cautioned pulling plants ~-,-"*,- h,:.:~.-:d with fungus since ~t could spread: he advised using fusilia. The replacement pian~.s and trees that were prewously approved ,,',,iii De done this month. George noted that the bib s'-us~ trees behind the monu~,,e,~'- "',~ at U.S 41 b'/ '", ,.-:- exit side are not doing ,.','ell They ,,',/ill be removed George requested that [t:e Oueen Palm at Doral be cut down and the c'.eac junipers at the tips of the medians be removed Everyone agreed that Doral needs some dressing up: Mike McGee ,,v~li take a look and make recommendations next month H The lights on the sign at Doral have been damaged and need to be "e,-'l: , '~ c,C~",._, The mulch is being delivered on Monday. J. The area around the benches at the Doral exit needs to be movved all the way to the right of way along Rattlesnake Hammock Road. 6. LANDSCAPE ARCHITECT'S REPORT Mike McGee distributed copies of the September Quarterly Maintenance Report. He met with rvlr. Martinez recently and reviewed his findings. He stated that although things are improving. Advanced Lawn and Landscape needs to stay on top of the sprayin_q being done by their sub-contractor. This information is not being provided on a monthly basis as it should .be. B. Mike noted that the Carpentaria Palms on medians 15 and 16 need to be treated due to trunk rot. 7. TRANSPORTATION SERVICES REPORT A. Sheila advised that fertilizer w~uld now be supplied by Terra. Mike will reviev,, the new fertilizer program v,,ith Russ. Russ noted that E.B. Simmonds and Stahlman Irrigation were al the ef I,.,~n, line site today so hook up should be cor'npleted shortly. A discussion ensued. Mike McGee requested to be ~resent before connection. C. Russ advised that an application to become a member of the Comrn~t,e-~ ,,'.,as received but the person ,.'./as not a resident of the MSTU. D. Copies of the October Budget Status ,,'.,ere distributed and reviewed. NEW BUSINESS There was some discussion regarding the refurbishment or repiacemen[ of the signs at U.S. 41. Doral and Augusta Boulevard. Ne,,,,, lighting ,.,./ill be postponed until a decision is made. B. The liriope on medians IT. 18 and 19 needs to be removed Mike succes:e,:i replacing with Dwad Allamanda. - ~ ~ C. George noted that a ne,,'./ state tiaa is needed at [he U.S 41 entrance. Russ ,,,,'itl order one. As there ,,'/as no further business to discuss, the meeting ,./,/as adjourned at 5:05 p.m The next meeting has been scheduled for November 13. 19£,8 at 4:00 p.m ~n the Facilities Management Conference Room 111. REPORT ON CONDITION OF US 41 MONUMENTS Both East & West nlonul'nents deserve the same consideration 1. Remove SIGNS from monuments - redesign and construct New back boards..(redesign retbrs to the desian of the brackets that hold the sign to the monuments --its present design is made to Fail. ) Where nails or screws have been used stove bolts must Be used - stainless or heavy galvanized-- last txvice as long ,, Or Iongcr..This does not apply to the BRASS 2. Replaster surfaces where necessar3'.-front and rear 3. Paint fiat surfaces front & rear 4. Sand blast OR pressure clean all ROCK surfaces ~ Regrout all rocks reducin,2 most of tile reveal 6. I personnally would like to see the rock areas painted the same as the thee of the monuments SEE 7 before we cast our decision ..... 7. To/ally revamp the vegetation in front of these R. OCK areas .It is st) over grown ==in lhct plants and trees are actually ,.zrov.'in,z out betxveen these rock.. Again careless maintenance...why have this rock area-- it' tile,,' cannot be seen ? 8. l.elx Civic Assoc. would like to add a sign at tile bottom of the present sign "A DEED P, ESTRICTED COMMUNITY.. and they will pay for same Their great president has called our county representative and wasted a considerable amount of his time demandin,.z that somethin~ be done about tile entrance signs then in a second breath wants us to alhm them to place the above mentioned sign. I request tile committee to send this individual a letter request'au his p~,..,,c,~ts at our next nacct~;~ so ti:at lie ca~l present his request to the committee-- since x~e, not the count;, decides how, if & how much of our FUNDS ',','ill be spent .... I request that Russ relate his conversation to the committee .... 9. LET'S MAKE Tills & I)ORAL OUR NU~IERO UNO PROJECT ............ Ir'the committee approves I wish this report he included in the minutes. I I/I/98 Minutes of October 16, '1998 - George Pearson moved to accept the minutes as submitted; seconded by Bob Weyers and carried unanimously. 7. NEW BUSINESS Ao George passed around photos of the monuments showing the clutter in front of them. He recommended removing the lower growing material. There was a discussion regarding sand blasting, re-stuccoing the monuments, and paintin9 the rocks the same color as the monuments. The committee will ask Mike McGee to develop some specifications so bids can be sent. Agenda - December 11, 1998 2. 3. d. 5. 6. 7. 9. 10. Meeting called to order Roll Call Approval of Minutes - Meeting of November 13, 1998 Landscape Maintenance Report - Advancect Lawn & Landscape Landscape Architect's Report- Mike McGee Transportation Aciministration Sen'ices Report Committee Members' Reports: George Pearson Bob Cole Bob Weyers Al LePa/n Old Business New Business Adjournment 4 Meeting called to order at 4:10 p.m. Location - Facilities Management. Conference Room 111. Attendance Taken: Present - Robed Weyers, Robed Cole, and GeOrge Pearson, members; Russ Muller Transportation Landscape Servces' Paul Duguay. Advanced Lawn and Landscaping: Jacqueline Silano, secretary. Excused Absence: Al LePain, member and Mike McGee, McGee & Associates. Minutes of October 16. 1998 - George Pearson moved to accept the minutes as submitted; seconded by Bob Weyers and carried unanimously. LANDSCAPE MAINTENANCE REPORT George requested that the bougainvillea be pruned on all medians to the same height and at an angle. The loose fronds on the Carpentaria palms that can be reached should be removed v/eekly. Apparently someone was working in the medians this week and the wires for the irrigation system were improperly wired. Advanced Lawn and Landscape fixed three zones and one remains to be repaired. Advanced was directed to give it their immediate attention per their contract. C. Paul noted that the landscaping and mulching have been done. medians 17. 18. and 19 will be replaced with dwad Allamanda. TRANSPORTATION SERVICES REPORT The liriope in A. There ,,',,as a lengthy discussion regarding the signposts in the area. The county has replaced the street signposts with 4"x 4" which is not acceptable by the Lely Civic Association. Russ advised that there are plans for seven traffic-calming humps and a bike path along St. Andrews that will require 20+ signs.. B. Copies of the November Budget Status were distributed and reviewed. Bob Cole requested a detail sheet to be included in future reports. C. Russ advised that the stepped sidewalk in front of Four Fountains Condominium will be replaced with a ramp to conform to ADA regulations. D. Russ noted that Bob Weyers' term has expired. Bob agreed to stay and will renew until a replacement is found. Bob Cole said Bill Ericson will be submitting a resume into the County for membership to the beautification committee. 7. NEW BUSINESS A. George passed around photos of the monuments showing the clutter in front of them. He recommended removing the lower growing material. There was a discussion regarding sand blasting, re-stuccoing the monuments, and painting the rocks the same color as the monuments. The committee will ask Mike McGee to develop some specifications so bids can be sent. As there was no further business to discuss, the meeting was adjourned at 5:15 p.m. The next meeting has been scheduled for December 11, 1998 at 4:00 p.m. in the Facilities Management Conference Room 111. RECEIVEL', Naples, Florida. October 28, 1998 I.ET IT BE KNOWN, that the LIBR/\RY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in thc Main Library with lhe following members present: (/flAIR: Jaculyn K. Doting VICE-CItAIR: Doris J. Lewis Syd Mcllinger Sabina Musci Diane Williams ALSO PRESENT: John W. Jones, Library Director Marilyn Matthes. Assistant Director Anna Rubin, Clerical Supervisor Luz PietrJ, Sr. Secretary Carter Constantine Berr~ APPROVAL OF MINUTES Mrs. Der/rig asked for commcnzs or corrections to the minutes of September 23. 1998. There being none, Mrs. Lewis rnovcd, seconded by Ms. Mt,sci and carried unanirnouslv that thc minutes be approved as submitted. REPORTS OF OFFICERS - None COMMUNICATIONS . None UNFINISHED BUSINESS Copies T0: Ill reference to the Regional Library planning, Mr. Jones stated that an architect for that project ,.,.'ill he selected soot]. Construction should begin iii July o1' 2000. '¥hc Board reviewed the nonlinations submitted for selection of thc Library's Employee of the Month. Mrs. MelIJngcr moved, seconded by Mrs. Lewis and carried tmanin]ously, to select Joaone Soprano as Employee of thc Month for October 1998. ,,\nna Rubh], Clerical Supervisor, stated that the Library has been getting a lot of unsolicited and inappropriate advertising materials dropped off' iii tile display racks in the main lobby. She asked the LAB to consider a revision of the Library Policies conccmir~g this problcrn. She requested that under "Section VIII. Exhibits, Displays" and Miscellaneous Publications be added to the heading and that a new paragraph be added stating that "No publications will be displayed or exhibited which contain paid advertising, except when done in association with a government agency and its affiliated organizations." The Chairman entertained a motion Cor approval. Mrs. Lewis moved, seconded by Ms. Musci and carried unanimously, to approve thc changes as submitted. Marilyn Matthes stated that thc Headquarters and Golden Gale Libraries now have public terminals where patrons carl go directly to tile Interact through thc filtcrcd web sets. There are no chalrooms or pornography available on this web site. Marilyn Matthes reported that nothing has been done in reference 1o 'Reciprocal Borrowing' at this time duc in part to some changes in management at SWFLN. Mrs. Williams and Ms. Musci arc in tile process of reviewing tile Library Policies for possible additions and/or deletions, with thc help of tile Library staff. NEW BUSINESS - None GENERAL CONSIDERATIONS Mrs. Mcllinger reported tbat she had recently attended the Marco lsiand's Friends, Meeting. Sbe reported that lhe Friends bave decided to sell the renmjnjng cookbooks fbr SI(L00 each. Tbe Marco Chapter is also plarln/ng a fund-raiserlbrl/16/99atS150.00per couple. Mrs. Mellhlgerrequestedthallhel~,,\B members be sent an invitation. DIRECTOR'S REPORT Mr. Jones reported that tile last book sale netted about S5,800. tlc said hc would like thc Board to consider a motion to conduct the next book sale tile lasl week in February, at the Main Library and tile Marco Island Branch, at tile same t/mc. Funds collcctcct at both sales would go into thc Library's Gift Fund Account. Mrs. Mellingcr moved to approve lire mot/on w/lb the added consideration that the results of the book sale be reviewed to see if it took away from thc Main Library's book sale arid i£not, would it be feasible to broaden it to other branches in the fiiture. Mrs. Lewis seconded thc motion. Mot/on carried. Mrs. Dering suggested having a book sale at tile hnmokalee Branch. Mrs. Malthes stated that there is an ongoing program there whereby books arc donated to children Ihrouuh the Head Start Program. ~ P, EPORT OF THE FRIENDS - None ADJOURNMENT There being no fiirther business to come before tile Library Advisory Board, Mrs. MellJnger moved, seconded by Ms. Musci and carried unanimously, that tile meeting be adjourned. Time: 2:45 p.m. DIRECTOR'S REPORT October 26, 1998 Circulation. Our final circulation figure for fiscal year 98-99 xvas ,980,000 This represents a 5% growth over last year. Since Marco was out of service For two full months and in temporary quarlers for 4 months of the measured period, tile figure is excellent. There is no doubt that we ,,,,'ill exceed 2 million next year. Northern Regional: Things are progressing from our end at a normal rate and we will choose an architect in the next several weeks. On the downside, thc construction of'thc ilex,.' animal shelter is being delayed due to budget problems. Thc time table now calls for our construction to begin in July of 2000, instead of October of '99. Internet: Full sc~'icc Interact is now available to tile public. A filter has been placed on the sen'ice and to date we have had very few problems. lmmokalee: The "Friends" installed new lighting for this branch is now complete. Thc staff reports that it is excellent. Booksale: 'File hooksale was orderly and successfl~l. Over $. ,800.00 was raised during tile 3 day event. Festival of the ltumanities: All planning for tile Festival is on larger. Thc new fiver is enclosed. · 0 .. :' RECEIVED PARKS AND RECREATION ADVISORY BOARD October 27~ 1998 Immokalee Administration Office 310 Alachua Street, lmmokalee, Florida PRF~ENT: ABSENT: Joseph Zaks, Chairperson Daphnie Bercher. Vice Chairperson Timol hy Blackford Karin English John (;,rice Edward "Ski" Oleskv (;,il Mueller Carter Constantine ~ac'Kle ~erry Al.SO PRESENT: Maria Ramsey, Director Murdo Smith, Recreation Manager .Iohn Dunnuck, Operations Coordinator Jacquie llart, Secretary Il Bradie Soars-Allen, Park Program Supervisor Jonathan ingrain, I. CALl., TO ORDER: The meeting was called to order at 2:15 Ii. PLEDGE OF ALLEGIANCE TO TIlE FLAG I11. INVOCATION: by Jacquie }lam IV. APPROVAl, OF MINUTES: September 16~ 1998 meeting. p.nl 5lotion by Chairman Zaks to approve September 16, 1998 minutes. Passed 6/0. V. NEW BUSINESS/PRESENTATIONS a. Award Presentation Jonathan Ingrain a Life Guard at the Immokalee Sports Complex received the attitude award which was presented bv Chairman Zaks. bo Introduction - Mr. Smith Introduced Bradic Allen who is the Park Program Supervisor at the lmmokalee Sports Complex. Ms. Allen is responsible for all the lifeguards and their training Praise Jubilate' - Praise Jubilate' is a Christian music competition featuring church choirs From around the State of Florida. These choirs judged by persons from leading music and recording industrv Ms. English discussed this event with Mr John Gursoy, President of Gulfcoast Skimmers. Mr. Gursoy is expected to ,.,,:rite a letter to endorse the event. Ms. English stated that the initial proposal was For a one day event on a Saturday; however. Dr. Tony Evans, who is a national speaker will do a cross cultural and non-denominational ecumenical service on Sunday. Jazz gospel artist Oleta Adams. will perform along with the Georgia Mass choir that pertbrmed in. Whitney Huston's movie "the Preachers Wit'e". Pink Jeep Events. a subsidiary of Pink Jeep Communications, will produce a Christian music concert and talent competition. The event will be open to the public and will be flee. The proposed budget tbr the event is approximately one hundred thousand ($100,000) dollars. Ms. English will make a proposal to the Tourist Development Council Chairman Zaks inquired xvhether Pink Jeep Communication would make a profit from the event. Ms. English stated that Pink Jeep Communications will not make a profit because they are not charging for tickets. The event will be ['ree to thc public but a free will ofl'ering will be taken. Questions were raised as to whether this would be a conflict of interest it' the Parks and Recreation is a sponsor of the event. Ms. Ramsey stated that details have not yet been discussed and the event is considered as a rental at this time. Ms. English is not asking for an approval at this time. Ms. English ,.*,'ill bring the project belbre the PARAB at a later date m January. This is intbrmation for the Board. IX. Old Business a. Impact Fee Policy Status-. Mr. Dunnuck presented the preliminary study of the Impact Fees. The study shows the dwelling unit cost is 51.288.70 tbr unincorporated areas and $678 25 tbr City of Marco and the City of Naples. In 1991 Impact tee rates show that the cities are charged $179.00 for Regional Park Impact Fees and the unincorporated area is charged $578.00 tbr Community Park Impact Fees. The study has gone back and increased the Cities Impact Fee proposal by approximately $400.00 pct' unit The basic reason is because some of the deficit were over looked in the previous Impact Fee study The park land cost per acre did not include the cost ofamenities. The costs per acre is now included in these amenities costs at S35,600 pet' Community Park acre and $11.867 per Regional Park acre ,Xlr Blacklbrd inquired what was the Impact [:ecs tbr last >'ear per d,,elling unit. Ms. Ramsey stated that the cost ,.vas approximately $179.00 and $578.00 per dwelling unit The packet shows a break down of individual Ihcilitics per' population Ms. Ramsey stated lhat if Board has any changes, they should be done art this time betbre taking thc proposal to the next level. Chairman Zaks suggested that the department change the '.vording of hox~, an improvement is done in a Community Park for Regional thcilities. The average person would not understand ,why a regional fhcility is constructed in a community park. an example would be a pool. Chairman Zaks suggested using muhi-district, or multi-jurisdiction, or multi area park t;acility. If "Regional Park" is "and" continued to be used this ~ould continue to cause a problem. The questioned was raised what determines a regional facility. Ms. Ramsey explained that a "Regional" facility draws other people statewide, from other counties or countywide Motion by ,John (;rice to approve the Impact Fee study as presented with a change to charge Everglade City as an incorporated areas. Passed 6/0. b. FRDAP - Florida Recreation Development Assistance Program is a state funded program. This grant proposal is tbr Sugden Regional Park. The department has already received two grants from this program. The Department has applied for a grant at Sugden Regional Park to complete the trail around the lake. This grant will fund the second phased of the Sugden Regional Park~ The grant application request an advisory board approval. Motion by Edward "Ski" Olesky to accept the Sugden Regional Park Grant proposal. Seconded by John Grice. Passed 6/0 Monthly Report c. AuGust Monthly Report- No Discussion. d. BCC Recap - ~o discussion. e. Golden Gate Fitness Expansion - The walls of the new Golden Gate Fitness Center are going up and the contractor is two weeks ahead of schedule. f. South Naples Regional Park - Contract is pending betbre the Board of County Commissioners. It will take seven months tbr park to be built upon approval of contract. g. PARAB Meeting: Schedule- Next meeting is scheduled at the Golden Gate Administration Office. h. Adopt-A-Park Report Ms. Bercher visited the Golden Gate Community Center and stated that everything was in good condition and the park is always busy. The community loves the Aaron Lutz Park summer program. The Golden Gate Community Park swings need to be repaired. The nets need to be replaced at the Max Hasse Community Park. Mr. Smith will handle the matter. VIII. ADJOURNMENT Motion by Chairman Zaks to adjourn. Meeting adjourned at 3:30 P.M.. Passed 6/0. E!VED PARKS AND RECREATION ADVISORY'*BOA RD Minutes November 18~ 1998 Golden (;ate Administration Office 3300 Santa Barbara Boulevard, Naples, Florida PRESENT: ABSENT: Joseph Zaks, Chairperson Daphnie Bercher. Vice Chairperson Timothy Blackford Gil Mueiler John Grice Edward "Ski" Olesky Karin English Murdo Smith. Recreation Manager John Dunnuck, Operations Coordinator Carter Constant the Oerry ALSO PRESENT: Maria Ramsey, Director Jacquie liar1, Secretary. ii Joseph Delate, Project Manager 1. CAI,I, TO ORDER: The meeting was called to order at 2:15 p.m. Ii. PI,EDGE OF AIA,EGIANCE TO THE FI,A(; III. INVOCA'FION: by John Grice Iv. APPROVAL OF MINUTES: October 27, 1998 meeting. Motion by John Grice to approve September 16, 1998 minutes. Seconded by Timothy Blackford. Passed 6/0. V. NEW BUSINESS/PRESENTATIONS a. Award Presentation - The award presentation was postponed to the next meeting. FAA - The Federal Aeronautic Association would like to utilize the amphitheater at Sugden Regional Park to teach people how to usc a life jacket in case of' a plane crash and how to be rescued from the water They will us,'.: their own volunteers to show the demonstration at the park. No representative from the association was present to mhke:a(~resentation. Previously, Ms. Ramsey told the FAA that thc project would have to bc presented to the Parks and Recreation Advisory Board for a recommendation. Ms. Ramsey also stated that the FAA requests a waiver of $800 tee. Ms. Ramsey stated that any type ofl~ee waiving would have to go before the Board of Collier County Commissioners for approval. Ce Ordinance 93-81 Chanl~e - The current ordinance that dictates the make-up of the Parks and Recreation Advisory Board requires there bca representative from the Immokalee area and one from Marco Island. with the remainder of the committee members represented by the Naples and Urban area. Staff has submitted an executive summary requesting that Ordinance 93-81 be amended as tbllows: delete the seat from within the Marco Island Park District and increase the number of seats within the Naples and Urban area Park District from five(5) to six (6). This executive summary is scheduled for the Board of Collier County Commissioners meeting. Mr. Mueller stated that the City of Marco Island still pays the County 3 park facilities. Mr. Mueller stated the people of Marco Island should have representation at County level. Mr. Blackford stated that this ordinance does not prohibit people t?om Marco Island from being on the Parks and Recreation Advisory Board Mr. Mueller stated that there were 7 facilities on Marco Island which he represented. Now there are only (3) facilities even though it is less. the necessity for representation from Marco Island still exists. Mr. Blackford stated that currently there is a commissioner who represents Marco Island as well as part of Naples and that's not to say that someone from Marco Island could not run Ibr a commissioner's scat Chairman Zaks inquired if there is a separate Marco Island Taxing l)is~ric~ as it relates to parks. Chairman Zaks stated that it' the original reason tbr creating the .Xlarco Island and Immokalee district was because of physically separated in distance from the rest of the area. then Marco Island becoming a ('it,,' should not change the ordinance. Chairman Zaks stated that hc ``,,'as the [mmokalee representative u,'hen he originally came on the Parks and Recreation Board Motion by John Grice to accept Ordinance 93-81 as written. Seconded by Tim Blackford. Four (4) for the motion; John Grice, Tim Blackford, Daphne Bercher & Edward "Ski" Olesky: t~'o (2) opposed: Chairman .loc Zaks & (;il ,Mueller Passed 4/2. Mr, Muellcr would like to serve out his term bcibrc hc steps down Ms. Ramscy stated that it' the Board of Count,, Commissioners ap?ro',cs the amended ordinance. Mr. Mueller ma,,' ha,.e to reapply ['or thc parks board position. 5,1r. Mucller stated that he would prcfi:r to ser,,c the end of his term (12/31/99), which will complete 12 years of ser,.'ice to the parks board d. Monthly Report Proposal - Ms Ramsev would like to simplil? the monthly report. The proposal is to cut these reports to just three by deleting one page to the Recreation Section. The second page of the report would be used to report the number of programs and number off participants. Elimination of this reporting saves an cstimatcd 16 staff hours per month. The staff hours estimate is based on an average ot'2 hours per tb. cility in compiling and reporting these statistics. Additional staff hours are needed at the Administration Office l'br putting thc five page report together. The Parks and Recreation Advisor), Board recommends that the Beach & Water Revenue sheet remain, because it is the biggest source of revenue. The sheet should include month to date and year to date revenue all on one sheet. Mr. Blackford explained that the user intbrmation and revenue on every park will or should show previous month, current month, prior year. and year to date. Mr. Grice inquired if there was a way to show the expenses or the budget tbr Parks and Recreation. Ms. Ramsey stated that the Parks and Recreation Advisory Board would have to wait 2 months to get a copy of the budget showing the expenditure. This report is provided by the Finance Department The budget report is not a simple report to read because each park has their own cost center and budget but Ms. Ramsey stated she would look into an alternative summary report. e. Beach Parking Sticker - Chairman Zaks inquired if anyone gave any thought to computerizing the beach sticker application process. Ms. Ramscy stated that the forms will be eliminated when thc ncxv stickers arc being issued in January 1. 1999. Ms. Ramscy also stated it would be a waste of time to input the information in the computer. f. Introduction of New Employee - Ms. Ramsev introduced Mr Joe [)elate. Project Manager tbr the Parks and Recreation Department Joe ,,,,'ill be working with all construction projects. Ms. Ramscy stated thc position is new for the Parks and Recreation Department which ,,vas a lateral move For Joe [)elate from Public Works Engineering Deparm~cnt. Mr. Delate is working on the expansion of the Golden Gate Fitness Center. The contractors are now working on the interior o£ the building and the project is moving very rapidly. The project is on schedule tbr mid-February completion date. Mr. Delate stated that he was working on two other projects. South Naples Community Park and Sugdcn Regional Park. The Board o/' Count,,' Commissioners approved a contract to W.G. Mills for South Naples Community Park. A start date for the project is December I. 1998 and completion date is June I. 1999. Thc next project is Sugdcn Regional I'ark. A gazebo will be built along thc side of the dock. The project will begin pending Board of County Commissioner's approval. Mr. [)elate stated that stall' is tinishing a small pond and botanical garden at the front entrance as well. Thc project is funded through a donation from thc Sugdens. IX. Old Business a. Impact Fee Policy Status - Mr. Blacktbrd inquired when the Impact Fee Study is going before the Board of County Commissioners for approval. bls. Ramsey stated that she has to meet with the County Administrator Robert Fernandez and thc Planning Department prior to the study going to thc Board of County Commissioner. Monthly Report b. October Monthly Report - No Discussion c. BCC Recap- No discussion d. PARAB Meeting Schedule- Next meeting is scheduled at Veterans Community Park. e. Adopt-A-Park Report - Mr. Muellcr commended the Marco Y.M.C.A. for doing a good job. Mr. Mueller stated that he does not think anyone will ever do a better job as Dennis Gulley did. The Racquet Center is moving along pretty good. The new City Park Board has some new ideas and Mr. Mueller is also a member of the board. Tigertail Beach is looking good. Mr. Mueller stated that the signs are up but it will not help il'tourists do not read English. Ms. Ramscy stated that more signs will be installed and buoys will be dropped into the water. The reason why the buoys were not there was because the department has to put 400 pound weights on the bottom them. The department does not have the equipment to handle that kind of weight. VIII. ADJOURNMENT Motion by Chairman Zaks to adjourn. Meeting adjourned at 3:30 P.M.. Passed 6/0. .~ECEIVE[~ ,P rks and Recreation I I I I I I I I I I i I y d nesday. December 16th erans Community Pa~k.= 900 Immokalee Roa~: 2~00 PM ltem~ Copies To: I"Af,~14 5 AH[) F,I':(':I~I~ATIOI"I ADVISf.)I(Y A(~[~I"IDA l)ece]nber '16, 1998 \N'e(inesd:L¥, I)eceml)t,r 10, 1998, 2:()(I p.m. :~t \'elt'r:lrlS 191)1) Immokalec Road, Naples, l"lorid;i. I. ( ~1,1, '1'() II. I'1.1':1}(;I.: ()f' ki.l,l.,(;I ~f'l': I [) I'111.: I:1, III. I ~ %'()('.k'l'lt)%: I. P,~I{.~II .~l)l)li(,anl h. l,i~;i II. II~lr'nt. ll k II1.1~1.:()1 I':SlS !"()11 DIS( I SSI[)X SPI':( Ii. I1 I I'l) kll,~ I'1't-2~! IX. ()!,1) held I'a I. P.\l~.q~ll ()rdimtnt't, Io bt' conlinut, d I. P,I-:I'I)III'S/I I'1) ~, I I. %lonlhl~ Relmrl 2. I~('(' .3. 6. I';Ir';ll) ,%l('elinIz ~che(lule \1. Xi),l()l ('lF-I(~ ('1- I)lfi i)19 I 1~ 1 I I I I I I I I ! I I I I I I I , A I I I I I I I I I I I I I I I I I I I PARKS AND RECREATION ADVISORY BOARD Minutes Novem bet 18~ 1998 Golden (;ate Administration Office 3300 Santa Barbara Boulevard, Naples, Florida I'R. ESENT: Joseph Zaks, Chairperson Daphnie Bercher, Vice Chairperson Timothy Blackford (;il Mueiler .John Grice Edward "Ski" Olesky ,,~ lis E N T: Karin English Murdo Smith, Recreation Manager John l)unnuck, Operalions Coordinator Al.SO PI>.ESENT: Maria Ramsey, Director Jacquie Ilart, Secretary, Ii Joseph Delate, Project Manager I. CAI.I, TO ORDER: 'File meeting was called to order at 2:15 p.m ii. PI.EDGE OF AI.I.EGIANCE 'FO TIlE FI.A(; III. INVOCATION: by John Grice Iv. APPROVAl, OF MINUTES: October 27. 1998 meeting. Motion by .John Grice It} approve September 16, 1998 minutes. Seconded by Timothy Blackford. Passed 6/0. V. NEW BUSINESS/PRESENTATIONS a. Award Presentation - The award presentation was postponed to thc next meeting. bo FAA - The Federal Aeronautic Association would like to utilize thc amphitheater at Sugden Regional Park to teach people how to use a life jacket in case ora plane crash and hove to be rescued from thc v,'atcr. They will t,se their own volunteers to show the demonstration at the park No representative from the association was present to make a presentation. I I i I I I I I I I I I I I I I I I I t6'i,' Previously. Ms. Ramsey told the FAA that the project would have to be presented to the Parks arid Recreation Adviso~, Board [br a recommendation. Xls Ramsev also stated that the FAA requestsa wai~cr of 5800 lye Ms. Ramsev stated that any type of lEe waiving would have to go betbre the Board el'Collier County Commissioners tbr approval Ordinance 93-81 Change - The current ordinance that dictates thc make-up of the Parks and Recreation Advisory Board requires there be a representative from the lmmokalee area and one from Marco Island. with the remainder of the committee rnernbers represented by tile Naples and Urban area. Stall' has submitted an exect,tivc summary requesting thal Ordinance 93-81 be amended as lbllows: delete the seat from within thc Xlarco Island Park l)istrict and increase the number of seats xvithin the Naples arid Urban area Park District from tive(5) to six (6) This exect,tive summary is scheduled tbr the Board of Collier County Commissioners meeting Xlr. Mt, eller stated that the City of Nlarco Island still pays tile County for 3 park t~cilities Mr Mueller slated the people of Marco Island should have represenlation at ('ountv level Xlr ltlackford stated that this ordinance does not prohibit people Marco Island from being on the Parks and Recreation Advisory Board Mr. IMucller stated that there were 7 facilities on Marco Island which tie represented. Now there are only (3) facilities even thougr~ it is less. the necessity tbr representation from Marco Island still exists Mr. Blacklbrd stated that currently there is a commissioner who represents Marco Island as well as part of Naples and that's not to sa,,' that someone from Marco Island could not run lbr a commissioner's seat, Chairman Zaks inquired il'there is a separate Marco Island Taxing District as it relates to parks ('hairman Zaks stated that il' the original reason for creating the Nlarco Island and lmmokalee district ',vas because of physically separated in distance from the rest of the area. then Marc() Island becoming a City should not change the ordinance. Chairman Zaks stated that he xvas the Immokalee representative when tie originally came on tile Parks and Recreation Board. Motion by .lohn Grice Io accept Ordinance 93-81 as written. Seconded by Tim Blackford. Four (4) for the motion; John Grice. I I I I I I i I I I i I I I I I I I I Tim lilackford, Daphne Bercher & F, dward "Ski" Olesky; two (2) opposed: Chairman JoeZaks& GilMueller. Passed 4/2. Mr. Mueller xvould like to serve out his term betbre he steps down. *ts. Ramscv stated that it' the Board of County Commissioners approves tile amended ordinance, Mr. Mueller may have to rcapply lbr the parks board position. Mr. Mucller stated that hc would prefer to serve the cml of his term '9 "' (1_/.~ 1/99), which will complete 12 )'ears of service to thc parks board. Monthly Report Proposal - Ms. Ramsey would like to simpli(v the monthly report. The proposal is to cut these reports to just three by deleting one page to the Recreation Section. The second page of thc report would be used to report the number of programs and number of participants Elimination of this reporting saves an estimated 16 staff hours per month. The staff hours estimate is based on an average of 2 hours per facility in compiling and reporting these statistics. Additional stall' hours are needed at the Administration Office for putting the five page report together. The Parks and Recreation Advisory Board recommends that the Beach & Water Revenue sheet remain, because it is the biggest source of revenue The sheet should include month to date and year to date revenue all on one sheet. Mr. Blacklbrd explained that the user intbrmation and revenue on every park will or should show previous month, current month, prior year, and year to date. Mr. Grice inquired it' there was a way to show the expenses or thc budget tbr Parks and Recreation. Ms. Ramscy stated that the Parks and Recreation Advisory, Board would have to wait 2 months to get a copy of the budget showing the expenditure. '['his report is provided by the Finance Department. Thc budget report is not a simple report to read because each park has their own cost center and budget but Ms. Ramsey stated she would look into an alternative summary report. Beach Parking Sticker - Chairman Zaks inquired il'anyone gave anv thought to computerizing the beach sticker application process. I I I I I I I I I I I I I I I I I I I Ms. Ramsey stated that the lbrms will be eliminated ~vhen the new stickers are being issued in January 1. 1999. Ms. Ramscy also stated it would be a waste of lime to input the intbrmation in thc computer Introduction of New Employee - Ms. Ramscv introduced Mr Joe l)clate. Project Manager tbr the Parks and Recreation l)cparlmcnt Joc will be working with all construction projects. Ms P, amsev stated thc position is new tbr the Parks and Recreation l)epartment Milch was a lateral move tbr Joe [)elate from Public Works Engineering Deparlment. Mr. [)elate is xvorking on the expansion of the Golden Gate Fitness Center. The contractors are now working on the interior of the building and the project is moving ve~' rapidly. The project is on schedule/bt mid-February completion date. Mr. [)elate stated that he was working on two other projects. South Naples Community Park and Sugden Regional Park. The Board of County Commissioners approved a contract to W.G. Mills for South Naples Community Park. A start date for the project is December I. 1998 and completion date is June l, 1999 The next project is Sugden Regional Park. A gazebo will be built along thc side of the dock. The project will begin pending Board of County Commissioner's approval. Mr. Delate stated that stall' is finishing a small pond and botanical garden at the front entrance as well. ]'he project is funded through a donation from the Sugdcns. IX. Old Business a..l, mpact Fee Policy Status - Mr. Blacktbrd inquired when the Impact Fee Study is going belbre the Board of ('ounty Commissioners for approval. Ms. Ramscy stated that she has to meet with tile County Administrator Robert Fernandez and the Planning Department prior to the stud,,,, going to the Board of County Commissioner. X. Monthly Report b. October Monthly Report - No Discussion c. BCC Recap - No discussion ti. PARAB Meeting Schedule- Next meeting is scheduled at Veterans Community Park. I I I I I I I I I I I I I I I I I I I e. Adopt-A-Park Report - Mr. Mucllcr commended thc Marco Y.M.C.A. for doing a good job. Mr. Mucllcr stated that he docs not think anyone will ever do a better job as Dennis Gulley did The Racquet Center is moving along pretty good. The now City Park Board has some new ideas and Mr. Mueller is also a member of the goard. Tigertail Beach is looking good. Mr. Muellcr stated that the signs are up but it will not help iftourists do not read English. Ms. Ramsey stated that more signs xvil] be installed and buoys will be dropped into the water. The reason why the buoys were not there was becat,sc the department has lo put 400 pound ,.,,'eights on thc bottom of them. The department does not have the equipment to handle that kind oF xveight. VIII. ADJOURNMENT Molion by Chairman Zaks to adjourn. Meeting adjourned al 3:30 P.M.. Passed 6/0. I I I I I I I I I ! I I I I I I ! 16,'~ 1 ' ' ,".! E M (3 R/\ bi D ! I M !'-) ~ I)..\TE: Nc, vcmhcr 23, 199g I I I I I I I I TO: FROM: RE: Maria Ramscy, Parks and Recreatinn Dir~!or/~ .que Filsnn, Administrative Assistant/'---7~// F~oartl of County Commissioners ~_J ' Parks and Recreation A(Ivisnry Board As you know, we currently have vacancies nn Ibc abovc-rcfercnccd advisory committee. /\ press release xvas issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached tile resumes received fi'w your review as fallows: Edward P,. Olesky 6001 I.ake Tra f£nrd Road lmmnkalee, FI. 3,1142 [.isa Ii. Barnett 1105 Royal Palm Drive Naples, FI. 3,1103 Karin E. English 3923 Tamiami Trail East, Suite 421 Naples, r:r. 3,1112 I I I Please lei rne know, in u.q'iling, tile recommendation fi~r appnimrnent C, Flhe advisory committee wilhin the ,11 clay time-frame, and I will prepare an excculive summary fi',r tile Board's consideralion. Please cafegnrize the applicants in areas ofexperlise. If'you have any questions, please call me at 774-8097. Thank yml for your attention tn this mailer. I I I I SF /\llachmcnls hJ2CE!VED (n) 6 I I I I I I I I I I I ! I I I I I I Edwmrd R. Olesky 6001 Lake Trafford Road lmmolmlee, FI. 34142 Commissioner Rartmra llerry B~01 Tamiami Trail E. Naples, Fl. ~,1142 Dear Commissbn~ Be~, I x;qsh Io ~ re-a~ointed to the Parks nnd Rec~ation Boa~. I am in ~e middle of my learning c~ and Feel ~ can m&e a differed. I sit on se;~ral ~ds, t~ Main S~, ~e Cham~r of Comme~e, anti as such, feel I have an insight 1o tt~ o~mll di~lion ~ha~ Im~kalee needs or,he keys ~o a ~nse ofxvell ~ing not only For h-moknl~, but all of Colli~ Coup. ~ ho~ you x~ll ~commend ~laining ~ for Ibc new Re~fiflly, 6001 Lake Traffnrd Rd. lmmok~lee, Fl. 34142 ! I -I I I RECEIVED ATTORNEYS AT LAW I I I I I I I I I I I I I I I I I Thomas A. Collins. II o Fitzgerald A. Fralcr oo Kent A. Johansnn - Calhcnnc F.. Kldnn Kim Patrick Kohza 0 Stanley J. I.ichctfarh C. Richard Montini Andrew If. Rctss Richard M. Tmistr Christopher T. Vernon Michael J. Volpc . The Northern Tn~st B.ilcfing 4001 Tamiami Trail North Stlit¢ 330 Naples. Florida 34103 Telephone (94 I) 649-4900 Fax (94 I) 649-0823 ln~ernct Address: www. lkvnaples.cnm Richard Shapack 0t of Couns.cl I~oarrf,of County Cc~miss4o~ers · Aho admitted In Iowa * Aho idmi.ed In New Ynr~ o Aho ~dmi.~d In New Jc~ey t Bo~d C~ficd Ta~ A.omcy Novemher 16, 1998 I/ia Fac.r/mile 774-3602 attd Regular L/.,V. ,I fail Board ofCcnlnrv CnmmissMners 3301 Tamiarni '~'rail East Naples, Flor/da 3,1112 Re:... Applic:,finn fnr/\ppnintmenttn Pnrksand Recrcatinn AdvisnD, Board Dear l.adics and Gentlemen: Please accept this letter as an application for an appointment to the Collier County Parks and RecreaIMn Advisory Board. I have enclosed a brief resume, which outlines my otc.potion as an attorney, as well as ~he civic activhJes that I cu~ently participate in. As a native ofNaples, I feel that I have a vested interest in I}~e Collier County Parks and Recreation Facilhies. I grew up in our parks anti now wmfid like lhe oppommjty to return somefl~ing to Ibis County and this community which has given so much tn me. I am confident ~hat I am qualified to se~e on the Adv/soD' Board anti my expertise as a land use attorney wa. Id a/Iow me tn bring a ~egn[, as well as a practical pcrspcclivc to the decisions anti iss,ms lha~ confront fha A(h'isn~ Board. [ wnuht apprcc[ale the oppommity 1o sc~,c anti Io help cnst~re the continued qualily, use and expansionnfourparksanttrccrenlion facilities andsvslcms. Thank),nu Foryour anti cnnsidcra~inn. Very tmly..ymlrs, (n) 9 I '! I I I I I I ! I I I I I I II05 Royal Palm Drive Nap les, Florida 3 4103 6 43- 9 703 LIXA Il. BARNETT Office: 4001 Tamiami Trail North Suite 330 Naples, Florida 34103 649-4900 Occupation: Education: Co mat tin ity Service and Civic Activities: Attorney nt Law 1996-Present Treiser, Kobza, & Volpe,' Chtd.' Naples, Florida Practice primarily in the areas of Land Use and Environmental Law and Community Association Law; also practice general Iransactional law wilh a background in litigation. Uoiversity of Richmond School of La~v 1993-1996 Richmond. Virginia Academic l lonors: Graduated ma,gna cum/nude Class Rank 2 out of" 164 Member: McNeill Law l lonor Society Syracuse University Syracuse, New York Mdor: Journalism Bachelor of Science, 1991 1987-1991 Vice-Preside'at, Collier County \Vomen's Bar Association Secretary, Collier County Women's Bar Association Board of Directors, Collier County Women's Political Caucus 1998-1999 1997-1998 1998-1999 Board of'Directors, Children's Advisory Board Mentor, Qtmst For Kids Attorney Co-Chair, Collier County block Trial Competilion 1998-1999 ] 996-present 1997-present I Board of Directors, Law Related Education Association 1996-present ! I (n) ~o I I I I I I I I I I I I I I I I I RF.: Pa, ks and Recreatinn /\dvisnp,, P;nar(I I am writin:z tn apl'd,,, for reapprfinlment to, the Parks nmi Rccrcatinn ,',,<Ivisn~, Rnnr(I. ,',.lv ct~rrcnt lcrm expires December 3 1. J qqg ,,\l[;icJled is 111V rcstlme tc~ he conskJcrmJ Car anolJ~cr term .Rho, fld W~ff have anV(l~es/innsnrcnmmenls, please caI1(0,I1)6,13-96(16 ~incerelv. Karin E. English I I I I ! I i i I I I I I I i I I PRO FE.q.qlo N,k I, F, XPERI£NCE Preficnl I')')q-Prc~cnl 19SX-l'mrl OJ~,V I'}U I J~E[] Public ~chJflcul'./. Nhukc'lmg ,~: ~"~[.c'd,;I :~.J;IJl;IgiZlllclll Politic;cl. ncm-prrfl'll, sr.,on, cnlcn;nnrnenl mt'dm Ill;111;17~111L'111, Mc'di;i cre;HHm, prn(JuClpnrL I.?eJcJll'llV r~rfiOll;iJ scrviccs; {:nu ri(lc r- Ex'CCulivc Dircclnr/C)wncr Mulll('uhl~r;Jl 'l'clcvi,~mn (q'mncil.,')/For Iq u. ls C)nlvc) (~)rL.';llli/c. II{;II1;IIJC COnL.,rcs,;mn;fl/crmmmnH¥ Inhhy for chi h'Jrml'r, Ich:'¢i,;Iml prm. ffr;mv; Rmlin. h:h:vi,;irm pr(/rJllClinll /q¥11(I CHI n 1 ch,h'fr,:n',:, prn~r;in~minL,, I I (n) 12 Il I [Ill[ [[ I [l~ [[[[ [llllllll Il Illlll Il [Ill[ I[ ............... I I I I I I I I I I I I I I I I I I 1'}77 Kelly Tcml',nr:~r? gcrvicc~ Yar,ms ct,'.;lnmcr ;md m. hni,fi~;Ir;,tivc .',clx, ices and dulics. hl~;I rllclnr I't;w Vnguc Schnnl nf Dc~[2n T;m~jhl cnmm.nic;dinns skHl~ In f;~shinn, mcrch;mdising smclcnl~ Frccl;~ncc \Vritcr/C rillc/C'nhm'~ n isf/~dilnr Rc'4c:~rch. write adiclcg rnr v;]rtnus pul'H]c;[linns [:rcchmcc \Vrdcr/Advcrlisln:: ('nn~;t;ll;t]tl Cop; ,,,rsl,:r/Prmh~ccr Nccdhnm. t!i;rpc, r ,t..: ~[ccr~(DDR ~'~,_'cdh;lm Wqr!dv.,idc~ (,ru:Hc'. :% rile. prw. h~cc r:~dm. Ic!c'.'],:mn :m'.t prinl ..\lhmlucrqu¢ Puiqsc ~chrml~ klndcl f']ltc'; f~cl~rlcr/cd~lnr rnr cnmm~mit¥ t'~;l':,tfd ! I (n) 13 I I I I I I I I I I I I I I I I Jollcr;ic'c '",'(iJlltljL'cJ% ill ,'t, lllL"l'lC;I, JlIC ~',JllJll('tlllllr;il J¢lq',,'l~,lrHI I'rlllllClJ Prc',,.'nl I11~n;:*t.; I",,.'1l T,,'lcF, hcnc Advi',nr, -~-ilrJlci~ r-, _..i .. · (]rh;iJi J,L':I?I~C-("Iitc;H~O ('Jl;IJ'~h:r (;IJl/CIl'g J"¢'~IIIlIlIIICC f111 IJIC ,'~lCdi;I I 'nll~cr I 'nm'q,,' I'H:~c~ .,'t.l'J';llrS .',,dvr.:.nn, F'~nard (ne,.vl? ¢lcc1¢(11 J"r n,, i,dc m;¢ [1 iI',lc h:nrlJ}¢aslcrn [ Ini,..cr~;qv f"ttl',llc Rl.'l:llmns/3.1;trLClil~l! ~tud',,' ['~rn:~r;llll f")cf'~;n Il I !rut crs~l;, I:nr.~:rsIr,' nj' >[,.:'... ( Jr;tr'q pr,'~l-,n,,;~l r,.'sc;frcl'L &t tel,n,, ;tn(/ fuf~(lr;iJ.xm!, ;111(.t IL';lt'lIL'(J I;IJClI(X. si,ills ;lI'~d c'q~ci"fctl('c,; i I I (B) ]4 I I I I ! I I I i I ! I I I i I ' C ! ! I I I I I I I I I I I P~kRI~S ~kND RI~GItI~~ION ~DVISORY BOARD SORRY YOUR MONTHLY REPORT IS MISSING IN YOUR PACKET. THE REI)ORT WILL BE I)ISTRIBUTED AT THE MEETIN('; I I ' IHA NK YOU FOR YOU R PATIEMOE / / / / 1 I1/2498 8C1 Appoint Commissioner to Youth Committee. Commissioner Constantine appointed. 11/2419g RC2 Amend Ordinance as it relates to I'AI~AI1. '1'o be t~rought back t<~ BCC. 11/34/9g 16C1 Award a scorekeepers agreement liar softball and voulh I~askctball games. I I/2-1/~g 16C2 Aw;~rd a change order liar S50.654 ~ Protkssim~al lguilcling Systems .~ Imiltl a gazebo at Sugdcn Regional Park. 12/1/9~ 16C1 Award a work order tbr S60.g40 Io Varian Conslruclion to rep;fir dock ..... and seawall at Caxambas Park. I I I I I I I I I I (C) ]7 I I I I I I I I I I I I I ! I I I , D ! I I I I I I I I I I I I I I I I I I ].62 1 ADOPT- A- PARK REPORT The Adopl-:\-l'ark Reporl is provided by Ihe i'arks and Recreation Advisor)' Board. Each I'AIL. XB member visits their adopted parks and ~ives a detailed report of the parks co,ditio,. The purpose of this report is to helI) l'arks and Recreation I)eparlmenl to conliu,ally improve in maintaini,~ park Facilities. Tim Iilackford: a. Vineyards Community Park h. Clam Pass Community Park Report o. 3/24/99 Edward "Ski" Oleskya. lmmokalee Comm.nity Park b. lmmokalee Recreation/Aquatic Report on 4/28/99 l}:il)ll,iv llerchcr h. (;-l{l{'n {;;I11' ('Ollilllllllil~, ( ¢. X.l:i~ \. ll::~{' .Ir., (',inlnlilllil~ (;il M.eller: a. Frank Mackle Community Park Tigertail Beach c. Collier County Racquet Center Completed ! i/i 8/98 .loh,~ (;rice: :l. [:::st 5aples ('ommunilv Park h. Sugden Re~zional Park Rel)orl 0Il 12/1(,I98 Karin English a. Bayvicw Commuuity Park b. South Naples Community Park Report O!! 1/27/99 .Ioseph Zaks: a. I). Cocohatchee River Park l,ely Barefoot Beach (I)) 18 Report Oil 2/24/99 I I PARKS AND RECREATION ADVISORY BOARD MEETING SCHEDULE 2:00 p.m. I I I I I I I I I I I I I I ! DA TE L OCA TION 2. l)cccmher 16, 199S '..'elerans ('OllllIlIIIlil.v J):,ll'k, J',~;O ',,/,,l .Z.;:/u,' N()TE: Nlcctin~g dates could be changed due to holid:lvs ohscrvcd. I',-\R..\F~ members will be notified 2 weeks prior to meeting dale in the even! of a chan~e. I~,.\R,.'xll meets every 4~h Wednesday of each month. ** .XlI';:\N."; :\ i)A, TI'~ ()R .\ I,()(':\'I'I()N II..XS lJl'~I';N ('il,-\N(;I'~I). (D) 19 III RECEIVED DEC 0 ~1998 COIJ. IER COUN IT GOVERNMENT i)F,i,I(L.\N I~,A5' SIiRVICIiS DIVISION .,4<)1 LAt:F, Iil. ()AK I)RIVK NAIq,I'LK. I:I. :,* (*).t 1) %9'~- l-'i~1 N()TI('K ()F I'I~BI,I(; .~1KI'71'IN(; NO'['I('I?. .X I S,'I'I½ t,~ I I:\N1N10('K ()..\ K 3:00 P..\l. IS I 1[:.I~,I';I3Y GIVI:.N OF ..\ P,t.X.it;I..,\P, ,II:.I:.TINfi ()1: TI I1{ l'[:.l.l('..\N lt..\',' ,,\I)\'ISOR¥ ('OXl.~ll]"l'l:.[:...\T Till{ [:O{!NIJ..X'I'If)N ('[!N'l'liP,. $,)o2 I)RI\'[i. N..\l)l.l'~S. FI.()P, II):\ 34 I¢),'q ()N l)l.;('l.L~ll~lql~, 2. I')')s nl ..\(; KN I)..\ I. Roll ('all £. Approval ol'the November 7. 199S .Xlce~ing. Xlinutes Collier ('ountv Sherilt's ()Rice I~rls .., Carter . ' ~ C~stantt~ ;, .. Nac'Kie %j' 8err~ , , , .,\. (7ommtmitv l'olicing l'pdale 4. Review of Sx'slem III and IV exotic removal, material replacement and berm I. J:FcsJlx~alcr/Slol'mwaler 51udv J~eporl 2 I)csign Status j(u'j~t~l'l (~ ('ommillcC ILequcsls 7 Adjot,'n Misc. C0rres: Copies To: Naples;. Florida ,'\.'ox ember 4. I Session on lhis (.t;llC ;il .~ Il} F'.M ;l! Iht Foum;t;Hmr~ Ccmcr. ,X962 tt;mmlock Oak Drr,.c..N'aplcs £ollo',,~, ing members prcse,,: Dr Alan \'arlc.~. Ch;Urm;m Sir. George \Verner. \bce Mr. Thom;Ls Bro',x Mr. James Carroll Sir. Ed',xarct GriITilh (Absenll Mr. Glen Itarr¢ll (Abseml .Mr llcrbcrl Mr John tto',l ,"'.lis. C'olnclm Krc~uh .\Irs ,",l;mrccn .\lc(';lrthx ,Mrs. Cora ©blc', ,\Ir..,\ulhonv Pircs ,".Ir. [)avid Rocllig ,\Ir Bcrncm Young A l.S 0 i' R I-: S I-: N'F Collier Comw, Public \\'o,'ks: ,\Ir 'J'amc~ P. Ward.' [)cp;inmcr~ Dir¢clc, r. Mr Field ,M;m:l,.4cr and ,".Irs P~;Irl);ir;i Smilh. F',eco[dinF Sccrclarx ,,\ 1. · '\l)pro.x:im;llCl', It~ PeJic;m [];ix' rcsi(.lcnls: Mr. Ecl llsclnlcr, l)ivlsion .-\dllHIllMr;llor. K", lC [,tll,;;l~,/. I)cl'X~l'ltllcnl E N I)..\ Roll Call Approval of thc Oclobcr 7. l')')X Mccilng Mlmltcs Collier COllll['s Shcrifl-s Office A. Communilv Policing Ul'x.I;~t¢ Rex scx~ of Amcndmem Io Ordm:mcc uo-I I I. as amended. Io beton reducing Iht size of thc Ad\ ~*cn~ COmmlllCc froHi ~flccn (15) members IO lhirlCCn I I.i) mcmbcrs."rcducinu Ih~ qtmrnHl ~cqtn~cmcn[ [~ sc\ch (7} members, and reducing ,he mind)er of xoles required Io IraHs~tCl tmsiucss Io a lll:llOIllk Of lhosc prcscnh cxccpl a 4/5lbs x'olc of ~lmsc members prcscnl uould Iw rcqmrcd ~o aclop~ ~hc' Pcl~::m gay Municip:~l Sc~Ticc Taxing and l~cHCfil L'nil gudgc~ Sub-commHICC Repons A) Clam g;iv 1. Frcsfiu:~Icr/Slormxvmcr Sludy Rcporl 2. Design SI:iIIiS Rcporl BI l.ong Range Phmning Commiucc Requcsls ROI.I. ('..\ 1.1.: Dr. \';]rlcx called thc lllccIIIlg lO order and ;Iskcd Ih;ii Thc Record :,hoxx .Nil,.; .M:lmcc]l ."~lc(';][Ih'~ vsHh ;Ill CXCliSC(.t ;~bscnce. AI'PI.IOVAI. OF MINU'FES (')F Till-'. SEI'TI-:.~IIIER 2. 1')gg MEI'FI'IN(; P;I~C ordcr". Page Page 32(}1. ROI.L C..\LI.. ",\lr \Vcrncr" should I*,c c}l;lIIgccl lo "l)r \':1lie% called 12 (,. second p:ml.,4r;q~h, third Jille chun,.,e "o" Io "hou." 3212 F';u';jgralfll 4. *'lll;l. lOrlI.~ x,.c'mhl be four" should I',c ch:raged h~ "quorilut s,.c. uld 12 I1. lhird line. "B;ird" Io changed Io "Board" 3214. lirlc six. ch;rage "C¢)IIIll-%x ida" Io Counl~ -x~ idc" PELICAN BAY ADVISORY CO,MMI~FFEE November 4. 19')S Pm._'{ 32 IS. Paragraph 5. word "done" should be changed Io "dm~n" 31rs. ()blgy tnttvc'tl, sec'tmdcd by 3Ir. H'crncr ,t,d W,l,r,,ve,lI llttttttitltotl.~'l.V thc ,lli. utcs of thc Octt~ber 7. 199,g, a.~' c'orrct'lt'#. I SII EI,III:F'S Deputy .Scolt Proper reported that there is ;Inothcr addition of thc Ncxxslcttcr Ih:u h:~q bccn dislribulcd IOd:lx There :irc going to I,c a fcx~ lhiugs in upcoming isstlcs ;Ibotll holllc qCCllrllx x~luc]l ;Irc of ;I H~:l. lOr COllCCrll righl now I h;l~c good ncxss ;Hid b;Id ncxss Thc good ucxs~ ~s Ih;it [:u~cd COII~SSiOII from one of thc suspects Thc bad ~lc~s Is Ih;l( Ihcv :~rc Hot being collqldCtcd x~h:~[ c:lll thc "Ih mc;-,ct fling" Ih;il luls tis c~cf) }car dulJng thc sc:lsou 'l')p~c;~lh ~hcsc people .itc hullng [lie IIlllC CJlilllgC. ;1 ]lOIIlC Ill ,'kudul>on x~ils ltl{ ;Ilia [hC~ ~Ol ;IpproxIfH:tlc]} SJl)().()()(I xxOlt[I OI'.]C~C[fX ;llld lilt S;IlllC UrOllp ;Ills bclicxc il is IbC "DiIIIICF-sc[ G;mg" Dcpul5 [)roller sh(mcd a I;ipc o1' ;~]l ~HIC~ ]Cxx Of ;I burgher who x~;~s c;,ugld ou thc E;l~l ('u:~.~ ol' looking fi~r I)cpuly Proper c.xphlincd Ih:il [{IC CrllllC PrcvcnliOn [Juu ~q ;w;~l:dqc 1o come out ColldOllllllllllll IIICCIIlt~S ;llld ;ISsOCi;ll{Oll IIICCllllgS lO ;iddrcss SOIIlC thc IO{31CS cmcrcd in this I;l{3c [t iq 311 C>c-OpCltlllg Siltl:ll{Oll IO SeC IIoxx prol~ssmn;fl Ii,cst people rcalh ;irc ;llld cx;icllx x~h;ll lhcx :He IBr lf:lnxonc would like lo sec this I;{{)C ~ll ~IS C~ll~rct> yoii c;H1 co~u;ict Ibc No~lh N:u)lcs %ih;ti i111'o1111;111o11 c:lll x~c gel IO thc people of ])cJlc:I{I [~:1% X~]IO ;irc tired u{' gCll~l~ their }loltqcs robbed COliUICI Ibc ;lltOrllCX Ih;Il IS proscctllitlg llus I[1;11 XlC ~ould like to ~cc these people get Iht {)Ch;ill>" ~222 PEI.IC:\N BAY ..\I)VISOR'Y COMMI'I'FF.F. Nove,ubcr .1. I Deputy Proper replied 1hat lie Is not sure ho.' nn~ch involvcmCnl each lndixidtml sec ~f I can gel 5on il belier ansx~cr. Nlr 13roxx n a~kcd ~1' I)cpUl) thopes xxould do Ihal 'l'hc~c haxc bcc~l ;I 1ol of people ~n Pcl~c:m l~:~x robbcd and lhcx arc cxlrcmclx unh:~pl~? '['his ~il~ IlOl rCpotlCd III lilt Dcpul5 Proper rcporlcd Ih;il Itc ~tOllld check Ibis ~ilh Sgl %Ccilrll~ SSNICIII till Or Iltll'~ I)CpUl5 PH~pcr ~cplicd lh;ll '5",, of Iht I~mc ~hcn Ihcx rcsp,,mt Itl t;ll]~. IbC ~xslClI~ tlCC:IIISC "lhc~ ~crc Olll) going Io Icaxc for ;ll~Olll Jill hour" I1' il burgl:ll kllox~ xou :irc gOlll~ IO llEVIE~V O}' ..~.XlENI)M ENT T() ()lll)lX:~X('tl 911-1 I I...~5 .~IENI}EI). T() IIE(~IN TIlE SIZE ()F' TIlE .-\I)VI.~()IJY ('()MMI'rTEE I:I{()M FIFTEEN (151 .MEMIJERS T() TIIII¥I'tiEN (13~ .MEMllERS. llEl}t'('lN(; TIlE QI':{)I/I;,M REQI'II{E,MENT '1'() SEVEN ,MEMI~ERS, ..\NI) IiEi)I~(71N(; 'I'IIE NU,MIIEli ()F VOTES REQI!IllEI) T() TRANSA('T BI'.SINES.~ T() ..\ MA,IOi{ITY ()F 'I'II()SE I~IIESEN'I', EX('EPT .A 4/5TIIS V()TE ()F 'I'II()5E .ME.MI~,I-:RS I'I,~ESI-:NT \V()I;I.I) lit; RE(?I;II,IEI) TO Al)OPT TIlE PEI.I('..\N P,:xY Xl I'NI('II'AI. SERVICi-; T,.\XIN(; AND llENEFIT IINI'I' I~l~l)(;tT1' Dr \';lllck ;l~,},,cd if Il:ere -crc ;liD, qUO, liOn':, l'¢p;lldmg lbo lllCIlIOI;llhtlllll ~hich rc~;Itdinz Iht dO\XlISlZIIIC IAI' [ho .'\d\ I~,I.H~. {?~.HIIlllIIICCq ?.lr \\'e~ncr SI;lied Th:Il lie :l-}.,Cd Mr \\'ard 1o bring flus back up .\I lilt Ill;il ~.C 't\'ollld reduce Ihc ~,lZC of ibc {..~Ollllllllb?.o bcgilming ~n Jilllllilr's. 1o lilllC il ~;ls al.so sug,...:¢slcd lh;ll s~t: IlCgd il maiorlI.x for ;I (IIICH'IIIll ;llld HIIhcI of \191C'.5 O11 IIIORI IICIII<. ~,\C c;ll(.] Ih;Il ;I lll;lltUIl.~ ,¥ Iho?.' I'~FCSCIll. l~l'O\ Itl,.'d ~22~ P[-~LICAN BAY ,\I)VIS(~RY C'C).NI.MI'VrEi.~ Noxcnlbcr 4. I')')~ ulollon. II x~;~s lllcn sug~,.2esIcd Ih:il for Imdg¢l purposes Ih;il ~¢ ~o ~xilJl ;I 4/3lbs VOlC j3;ISS ;I J)lld~cI IICIII Riehl now lo pass a budgcl ilcm il rcquircs cight (gl all]rmali~c Sllll:tllOII If XxR Il;Id I]lirl~Cll (J3) IllClllbCr~ prcscnl. Il XXOllJd require cJcxcn (J Il al~rm;H~xc xolcs [ rcallx lJllllk lJlill iS IIOl ~Jl:ll ~O ~;1111 lO ;ICCOIllpJlSJl Ill ctTecl ~ou CotlJd Jl:lxo IJlrcc of budgCl hostago ff Ihc~ ~;miod Io I ~ould SilggCsl Ill;il ~o rcconsidcr ncc(ling ~,'51hs budget ~tcm and go io 2/3rds or (,~r',, of Ihoso prcgcnl. I ~ould I~ko lho ..Ml~ lso~ ColllllllllOc Mrg Mc('arlh~ si:fled Ih,il I~cr oHix qtlCgllOll is. if xtc arc x~orric(I /IbOllI ;Ipprox;~l of Iht bH(Igcl. do ~xc iC;l[J~ ~t;llll Itl Ilo ~ ollIig Oil IJlo bHd,2~l il' lJlCrC il[C OllJ)' gOlllg 1o I~t' 5cXCll of lJlC lJlir'lccll ~'Jl;ll xxc oHghl Io bo Ihlllkillg I11 :l(Jdlllolt lo xxll;ll ,~Ir Wcrncr is saS~ng, is Ih;il j)crJl;ip> budgcl llClllS or lJlC blldgCl, xtc IIccd iiIO[C Ill:Ill sc~cll jlcoj)lc prcscnl J don'l lhink SllcJl xcn iiIll)orl;llll dccisioilg Iii;Il :lJ~Cl fills COllllltllllllX x~illl Jllsl fOJlr or l~xc people lolopJloIlIC JIOO~:-Iq) for IllelllbOrs ~ ho ~tillllk'd I0 pil~lCIj)alO. XJr. ~J;ISStJll Slillt'd IJlal ir ;i porS(tll ~k, oJg slrollpJy aboul IgJopllOlllC ;IIIClI(I[tlICO JOJ il [llCk'Jlll~. II gJlollJd be dOllO Jf I did ilol agrcc ~llJl IJ~o blldgCl. IJlgll J ~ould be on lhc IcJcpholJo. Ihis COlllllllllll[~ ;11t(t (JOlllg Il [)ilsod oil iJlc ~olc of foil[ or ISle pooplo I :lin ~ol ~o~r~cd or [ J'ooj SlrOllgJ) ,lbOtll II. bill [ :1111 ~orrld(J ilJ~OJl[ lJ III 10JillS OJ' lJlo COIUllllllllJk J l]llllk IJlg COIIIIIIIIIIII~ and fOJllld lJlill JS~g l)cople ~oled on lhis Ina or CXl)cn(hllllC. I ~OllJd lll:lkc i}li 15yllC [)[ ~';l[Ic~ ;15kcd ~tJlcl]lC[ J'of i1~111~ Ill:il COlllO lip for ;1 Volo. :1 IllilJOrll5 ~,J'lhoso IJlk' lllOllOll, bill Jbl J~tldgCl ItOllls. 115c IJlc oJcJ s~[OllJ OJ' Jill :lbSOJlllO lll;I, lOl'll~ OJ' IJlq .~IS XJc('arlllv SIilIC(I Ih:Il .~'~lc ~oHId foci bOllor :lbOlll Ih:il PEI.ICAN B,\Y ..\I)VISOI>,Y COM,\II'I"I'I-]r. November 4. 19')x .".Ir \Vcrncr Sl;llCd Ih;ll '.',ould be ;tli ilII[)ro',ClIIClll ovc! IlIc ',t;lv III;il II rc;icts, riO\', .X.'o,,', ',oil %~ould nccd SC% eli I 7 1 ;Ill]Jill;liD. C ', OIc$ rCg;lrdlc.qs of Ibc IIIIIII['~CF ill iIIICIIdaIIC'C Rot'l/it., mm'cd, seconded h.r Mr. Ilas.~on ami u.~t.imous~r lo rcducc thc ..ldvixoO' (.Smmdttt'e fr,,m J~ec. (15) thirtt'cn (13) mt'~ttbt'rs [11 J~l/ttt~t(l', 1999. I(t'dt~t't' thc q.,,rum rcqtt[retltcnt ltl \ct'i'll (7) mt'tnhcrx, ret/ttc'e the tttt1113cr t~ votes rcquired to trtttt.~etct htrsittc.~s to ~1 nlt~tlr[O' ~¢' thtl.sc [~rt'.s't'ut, SI' B-(/OM 511'I-'i'E I-i R El'()R'l'.q A) CI.AM 11AY Nlr [.'.n,.'lll,.2 repro'lcd Ih;il cs cl3(lllC Ii;iq ;i COl)5 of tile Joliet t'l(~lll Tu!icll & .\sxo,.l;dc,, .,..'[id,;u: Ibc plans Ibr Iht I]xc Slu¢lics lo Fl)liP ,-\s far ;is, I k.m: ~.c Ila~c nol he;ltd ;]ll>IIiliqa b;Ick from l:Dl{l' ;lllcndcd ;1 Florida [}c;Ichcs and SI]ores .Mccl~.g m C;ipl[x:~ lhis monlh ;]iid ;il llic b:lml. Ct 1 >;~l ;~I xxilh .Mr. [3raf~dllx X~lh I:DEP ;]iici I {.[Oll'l ;mllCq,:llC an', slglllfiC;llll i)roblcms I ;dso mci l)r Jolln ~ho is Iht Em'ironmc.lal Direclor k~r Iht Cil.~ of Naples I spoke xxilh l.m ;ibOlll thc Sca~:atc P~o~cct lhcv sccm 1o bc ~c~ inlcrcslcd in Ih;II projccl Thoro docs 11oi sCClll Io bo :lllX fl~lllrc problcms sllot~ld go ahc;~d x~ill~ Ih:il prQlcct In so m;m~ ~ords. Dr 51c~gcr smd ~1 ~xould bo a bcHCfil Io Ihcm and 1o 115 Ill aftcr lalking m I)r. Slc~gcr Mr. Rocllig conlim~cd lhal ;is 15~i ;is I]lc bid docmnc,ls go. Ihc~ .hould bc rcad~ lo~:~tts linc Of IRis H{o,Ill ;IS s. hcdulcd ;Hid xxc 51lo. Id bO aisle Io lex IC~ Ibc bid (Io~t~HlCHls al OUr nCxl rattling Tiffs all :qJl)Ca~S lo bo t.{ schcth,lc Xlr Yotmc ;liked If Ihcrc k~;ls :~nxlIHng illlCXpOClCti x~ lib Ibc co{c ,amlJl~'~ Ih;il ~cic l;ikd{1 ' Mr. Rocll~g ~cplicd Ih:il he ~o,,Id m~l sa~ u,cxpcclCd 'l'I~c~ dal fiHd so,nc ISnc m:llC~la} Ih.~l ~ould ,ml bc suimblc for beach dislJosal :md ~c could ;InllCqJ:llC lhal Thc re:un Ihing x~:~s lO Ih;d x~;IS :l shock Io :lIl%OllC ;225 PI-]I.IffAN I;AY .,\l)\'l.~()lUf ('OM.XlI'I-I'I!t! Nc,,, ember J,. Mrs. Mc('arlhv.sl;.¢d Ihal since ~c;Irc lalking ;~boul CI;.n lJ;~ I ;~m goin~ Io chose lt.s ;~s Ibc people compl;ua ;ibolll ;.i ~SSl~C Speed]call>. I ;inl l;ltkln~ ;lbOul Ih;il ma(lc scvcr;fl HloHIh~ ;igo Io rClllOXC ;all of Iht A,slr;lli;m pines ;llO~lg our be;Ich, bcc;i,sc ~I xx;is Iht r~hl Ihing to do I]rsl ;md forcmosl ~or Iht ~m~romncnl illld ~o~ lhe ~;ikc of spcndi.g ;m ;mild Jol Of IllOllCx ~CColld. II x~;IS Iht rigJll lhing 10 do bce;mst ~cll IhlS ('Ollllllllldc ~olcd o11 Ibc I~;tsts ol'xxh;~l x~c felt xs;ls best for thc COllllllllllltV. ] vole b;lscd OlI x~h;ll ~c Ihlnk xxlll Ill;lkd IlS [~OJllllilr }tox~cvcr. ~c ~Cl COlllpl;lllllS ilbOtll C~Clxlhlll~ inlO Ibis Th;, did .ol dolor xo~ I'rom tlO[ng ~h;d xou fclI u;~s thc r~ghl rc]llOX;ll ol'lhc ..Mi,Ir;Ill;Ill PJnCS. HIOI]OX xl;ts pk~ccd III IbC budgcl for tl ;llld ~xc decided 111c Tc;)SO~l x~c uccc going Io cio Ih;d x~;~s Ih;d lhcx seed xc~)' ratmll5 ;md x~h;~l x~c hax'c do.c ~s poured lake c;]rc of Ibc m;~ugm~cs ;~nd ;~l thc s;Hnc IllllC ~lc lire lclli,g Cxolics fill Iht iIl;lll~rOVCS Iht Ill;Ill,FOXes '['Ills IS II{ll ;11~o111 Ircds. 'I'h~s IS ;ibOlll doing Iht righl thl,~ In this p;ll'llCIll;tl CcosXMdlll Iht only issue. I ~llt [;o door Io door ;iud b~ng )ou ;~ chlrcrCnl muubcr should nOl be b;~scd on ~hclhcr ;t fcx~ pcot)lc call us. Arc ~c now going Io rcxcrsc decisions m;~clc ;~ I'cx~ months c:Hl~cr~ II ~s Ihc xxrcm~ chmcc I told ~oti ca~licr xo, h;ivc ;i choice You C;lll cilhcr l;~kc Ihc~ ([ol~ i1 iio/~ ~l i1[i ;I iiiiilillllllll of illOllC~, or ~Oli Cilll lc;l~ c lllClll I111 illld c[Cille seedlings arc Cul clou n rcgubrl> Yon c;umol ICl lhis go bec;mst xou Iokc Mrs. McC;~rlh~ COlllmllCd ih;ti sckcr;ll lllCClll~S ;It'.o I spoke x~ilh Il;we dropped Ibc b;dl oa so~lclhiilg ~c ;He nl;i,d;dcd Io do ;~ld Ih;H is IO berm Wc x~Cnl th~oLt~2h Ihc process Oll lilt Soulh berm illltl i'ClllOvcd lhczn ;226 BAY AI)VI$OR.Y COMMITTI.'~E -l. 1 xOgCl;lllOll II;IS (OIIIC in ;llld rcpl;iccd ~l Wc h;]~C Ill;l{lO ;I dCCiSiOll Io IlOI [lo Ibc llollh Nlr. Ward replied Ihat thc reason was. that al]er xxc did Iht l lcrtm. I c;imc back Io this and said based upon xvh;ll hal)l~Cllcd ;It Ibc ltcron, here is xvh;ll il would rcalk cost IO cio Ih:it berm ami have bCCll fold Ill;Il X~¢ lcgall) IIHI~I, [alii X%¢ arc llOI gO~g lO bC forced lO do our policy xx~lJl rc]A;lrd I0 lbo ;Xllglr;i]i;lll JaillCS Thcrc ;IrC SOIIIC ~lg;lllllC OIICS Ih;II ;IrC 0111 ~JllCJl ;irc xCI% ;l[Jl'ilCllVC Jo ;I lot of people Il x~;IS lilt IIII(JCFSIiilldlIIE Ih;il [[1c ~)lll[);llJl) of lJlC Pines do sccd xc~x quickl5 ;llld thor o111 COIIlpClo lho nl;l~gro~cs '['hc~ will lake o~cr. bill ~ll urad~allx I~ Io take oxcr. ~227 PELICAN IFA",' :\I)VI$OI/Y (;OM.'..II'I-I't']! November 4. I')'~N 1.6 1 Sir. l.ukas/, si;ileal Ih;Il ~,ou would hn,,c Io go ~.p ;md do~xn lite. (hme ;lrc;I Culling Irccs ;md did not gc~ too big Nit. lt;~s~on si;lied Ih;il ;1 couple of d;~)s once :1 )car docs nol seem like ;~ big CXl)Cnsc lo six bc;mlififl Irccs Dr V;.Icx risked Mr W,rd ~1' IIn~ ;q~pc;~rcd a rc;fi m;uor mmnlCn;mcc problcns" Mr. Ward rcpliccl not X~llh.lllsl Ibc six rClll:lllllllg lrccs. Ifxo. ~x;nn Io Ic;~xc Ihcm ~xc x~lll pul II1;HIIIC{I;IIICC {)ro~r;l{u Il pi;Icc Df ViIIJCk ~[;ll~d lJl;ll Il' k~C kill IJlI~C IICCs dOXkll. [Jlc% ;IFC ~OIIC Il ~liqlJd 5CCIII lo IllC IJlill problem n ~c;dlx ~ Mrs. ~lc(';~rlhv asked if~c could gel ;~ commllmCnl for ;~ m;{inlcn;mcc i~ro~r;~m' Mr W;.d replied ~h;n ~ould bc no problem Xlr W;l~d Sl;llCd Ih;it lie di~c~ IiOI f~lllClllh~f IbC IIIIlll}~Cf~. hnl IM ~,nld rcsnr~c~'l IllellIOf;llldlllll ~O I{{;fi ~OU C;III rclook :~1 Ih;~l ii,id Illil~iC ;I de~l~iOll ;1~ IO ~hclhcr ~o1~ ~;ml Io cio ~I ,n;m;~gcmCnl ;~rc;t ,n S~slcm I11. x~hich ~s Iht ;Iron .lUll norlh of Ibc eX~l~ni4 Formal;II,on l';~c~l~l~ ni~rlh ~lelIl bileS; ;llld Io~ ;l look ;fi ~h;ll ~I x~(,,~lcl ;~Clu;{l{~ eom Io I;I~C OIII Ibc c.xc)llc~ ;~nd {c;~c ~I ll~;~l ~;t~. Oul IbC eXOllCS ;Ind ;{dd pl;mli~{~ m;{ICr{;{l~ 1o ~I I lhink lhcrc '.xcrc Ihrcc dil'l'crcnl lcxcl~ Ih;~l ~e h;,d t~pliOll Io do ;llld { lhillk ~Otl c]lo~e lo ]C;t~ II ;1~ 1I I~ [~r ll{~{ll IIOl~ [ ~x,II }>ltl Ih;il b;ick o~1 ~t~Ir ;~cnd;i ~1' ~ou ~onld like Io look al it M r Yon,{g n~ked if a IOl of Ih;H I:~nd ~;{~ nOl ;{ pnrl of lhe XVCI ~:~lc~ ()per;~liOn" 322g PF.I,IC:\N BAY .,\DVISOI*,Y COMNII'I'TI'~['~ November -I. IV')s Mr. \\"a~d ioplicd no. th:il ~s almli~¢r issue Ih:il tile (.'l;iridgo rcsld¢lllS h;ivc raised l aboul Ihe soulh end of Ihal norlh berm Mr. Younz sliltctl Ih;Il SOIllC Of Ih;il ~x~ll be cleared by thc developer x~hcn Iht p~opc~iT, dcxclopcd Nlr. Youug slalcd Ih:it sonic of lll;ll matcr~al ~s not on our cascmcnl area ami ~s deeded which is ox~ncd bx xarious ;ISSOCIilllOI1S Ilo, dO xxC ]l;llldlo Ibis. ;irc x~c Smug lo go in and lake cil~c ol Ihcir p~opc~l> I~i I10 SClIsC k~Jl;ll~OCkCr. ClI]ICF J}rilclicilJJ) or lSll;lllCi;iJJ}, lo l;ikc OIll pof'liOIIS oJ'cM~IICS Jlccilll~d ~tJl;l[ lip J~:lklllg ~tlJJ Iisi IIl~:l(Jo back IIIIo lJlC ;11C;15 Ih:il ~011 cie:mod oHI Mr ¥OIIIIE :lSkO(J lJ'lJlCr~ sJlOllJd bo 5o111~ k~nd ofpro r;ll;i ;lS~CS~lll~lll ill~l(Jo back Io ~o~k tJoJl~ pilsl ~VC h;IxC n~,l ic:lllx do:ill X~llJl I{IC I~qllO lO Ihe rCSl)CCl Chill lhcv :irc OlllSldC of lilt ~x;ll~r ;Irc;IS h:l~c to do a lol of public rcl:lllOnS bcl~c ~xc Sol in lhcrc and denuded anolhcr area like Ibc }teton II Icl'l :il lh:H pO~Hl, hox~ il[c ~c go~ng 1o do Ihis. Jloxl :irc ~c goiHg IO cducalc :lHd conx ~ucc pcoplc Ih:~l Is a process Ihill ~q gOIllg O11 :llld 1~ I1OI IJlC cIId of Ibc world and ~x~ll como back alld x~ll look COllglrllCllOII :llld J also Ihillk I[ xk;IS ;I tllOllC{:lf~ Is~llC ;llld x~C .IIIM tJld HOT ll;IXC Iht dolli{l'$ :ti }Il:Il }~OIllI lO PEI.ICAN I~..\¥ ..\[~VIS¢'~[~¥ No~ cmbcr 4. J~;l~ J do Il(ti ICIIICIII[1C[ [JIc SClIS¢ lJlilt ~tC ~C['C never ~Olllg lo do It ;il ;ill. rcmo~;d of IlJc~c ;)tlcr tile dc~clopc(~ I~'l'l tt~ n dcvclol)crs ;.c go~ng m bx COlillJ~ ()rdm:mcc :llld [ClllOVIiIg Ihe CxoJics ;Iq IIICx develop XJrS ~]C(';lllllx Sl:llCd Ih;Il Ihcx ]l~lXC Il(Il r~lll(}x'cd IJl~ u'.xollcs 1'1~111 l]l(~Sc sllu'~ XII k~';lld zcpllcd Iht dcxcl~q)cr Is IlOl lhl't)llgh ;llld ;ifc ~t~fkil{~ 011 Ih~ll XJrs Xlc(';~rlJls ;Iskcd J~ SOlllu'olic js kccp~n~ ;m c~c on Ih;il" .~1~ W;itd replied in Ibc ;I{'l]rlll;lll~. ~'C{ is developing Ill~sc silos I~)llJlilL'Jil II{ ~JC;lllll{~ Olll IJUII ;IrC:l. pOill~ 111 ;llld rL'pJ;llllJli~ II [)i V,liJCx nl;{IC~] Ih;il hu' ~ccls linc [~'['111 I~ ;J Ill;liOr pol,c~ I~gliC iii;il ~4' C;ISV for J~Ci~j~l~' It~ ~;lx Io J)lll III sod ~llluJ J~;iIlil Ircus xs ilJlOllJ Illi(J~fSl;lll(JJllg Ih;il IJICf~ XJF ~V;lld fcJ]JlOtJ lJlil[ xt~ll ;llso Il;iX4 lO J~ ;IX~;lrC oJ' X~Jl;ll IS gOlllp o11 ill sod ~Otl pul tlo~x il ;t~d I JlC lllOl'~ ll'[l~;lllOll X t~ll J~llt tlOxx II, Iht Illt~lC ~l;llCr/till ~l;iFI ,~Ir W~'rilcr ;~kctl ifXlr l(oclli~ lht~uphl Ih;il Ih¢ tn;lin ch;m~cl could II~0~ Ih;Ill lh;~l. ~l~x ;~c ~OliI~ IO ]l;ix~ IO lhlllk ;ibOlll II ;llld ~OllXlll~ lls ~;ilhce Ih;in PEI,IC,\N IL. NY .,\DVISORY CO.MMITTt!It Nmcmbcr 4. 19'~s II Pclican 13;l~ To Inc. I11¢ objcclixc of:ill of Ibis is how C;lll ~x'c reduce Ibc ;iJllOll/ll o~ xx:llcr Ih;i/ lh:~j S3MCH~ Thc ncxl couple ofd;~xs ufll bc :~ ~c;~l problem Wc x~ll haxc :~ k~l of u;Hcr IJKII [lil~ 111;11 ~C kCC[) ~Oillg b;Ick lO lite ;lllllll;ll ;IxCr;l~CS Ill thc uholc )'c;tr. if ~c cml rcdllcC Ih~ ;llllOlllll Ih;il h:ls gone IHIo Ih;il S)SlCnl I)~ ')11",, lf'x~C h;Ixc ;ll~ 18 inch r;]inlhll one d;ix ~t is going 1o up. no m;Hlcr hou much)ou h;ixc reduced il Iht rcslol'thc [~) I.()N(; R..~N(;E I'I.ANNIN(; Assocmlmn ;~nd N;q)lcsc;ipc. I sent ;I loller out 1o our Collll[~ ('Olllllll%MOtlCl. ']'illl tt:lllOOj[. ~xh;l[ ii Is ;Hid Ih;il lifts Is Oll Ollr pi;lie 1o be kepi ill nlmd x~hcn Ibc dcclsion iq lllildC ils IO uh;ll pohc) llic ColHHX xx;]lHS IO [I;IXC x~ ]ll~ ~cg:l[d Io Iht IIl/lllllCIl:lllCC of Ih;il l:lHtlsc;~pcd H~CdLlll dclmlcd sprc;idshccl Ih;il h;is quite ;i bi[ o~ m/BrIH;llion. Il is mlCndcd Io g;~e }ou ;is much lift,mi:ilion ;ibOUl lhosc SCCliOnS of ro;icJu;15$. I'rOnl ;I poiHI Io ;I polnl. ;]lid Ihcn Iht Ici~ll~,. Iht Ih;il do Iht zn;~lrllcn;H1cc. Iht ~c~'lcc Icxcl inxolxcd ;md Ihc flmtling $otzr'cc ~n~olxcd t Imxc SOIIIC flllld IIIIIII[~CFS ~)r ~o111' CQII~CIIICIICC [O sec cx:~cllx ~hC[C Iht l'uH(l~ CtHIIC l'I'Olll Il' XO~ Mr Wcrncr :~skcd Ihc :~xcr:~gc cosi per m~lc'.' Mr Ilqchncr rcplicd Ihal ~1 is ;iboul S15.1}11()*$65.1}{11) per illllC ;iiiiIiHiII}. t't~r Iil:lll~tCll;lllCc dcpcmls upon Iht ~>{>c of phml~]{gs in Ibc lucdl:ll{, how O{'lCl{ ii h;is lo bc ~cpl:~ccd. cie 'l'hc[c ~s specific imrposcs :~rc identified bx Ih;H {'und 'Fhcrc l~ nlso :1 in:~p ;Hlnchcd uhich Ires bCcH color Ih:H shox~s eXiSl~ng I;HldSC;ipcd ;irc;is. Ihosc trader co~lSlrllCllOll illld Ihosc m~dcr i)rcscm ('OlllllX Mr. }t:lsson slalcd Ih:il il appc;~rs 1o him Ihal Iht COlllllV docs llOI ixly [or llllX oF Ibc H1;IIIIICIIilIICC-x~ '12';I PI-~I, IC:\N B.,'s'f ,\I)\'I$OI(Y ('©.M.x. il'l~l'[.~t~ Novcnlbcr 4. I')').'q .Mr. {lsclmcr rcplicd Ih:{! Ihcx ¢io As f;~r ;,s mm,Itch:rotc fimdi~Tg, lhcv arc fimdcd MSTD's. Mr Pircs cxpl;nncd lh;ll lho 13o;~rd of Cotllll¥ Commissioners is Iht governing Bo:lrd of LIS'I'D's Mr. Ilsclmcr cxpl:Hncd Ih:il Iioi all of these MSTD's h:~ve a scp;ir:llc Board. ..~ lol of lhcsc :~rc ro;~d dislricls. Thc ro;~d clislr~cls :Irc lax~Hg chslriClS crc:lied I~v thc Covertly l~r Much Mrs. ,McC;~rthv sllllcd thal ~t :~t~I*c;~rs Ih:il Ihc Col~lllV is Hot prcscmly I~aying Ik>r of thc ;lltr;Icllxc recall;ins Ih;~l ;irc m our Col]lllx. Nol MSTBU's or ;mslhit~g. oul of Coum~ il;IS ;llX~ilX q SI;lied Ih;il I]~C COLHltX ~S gOl[Ig Io [~C p;I} Illg ~or IIIc III;IHIICH;H~CC of' Ih~s 'I'h~s c~c~tmc Is J);~5 ~ng I~r ~1. Nli [*ires replied lll:~t ~'tllllllX is p:~smg fi~r ~t Ihfough thc I{'~C [~;I} {'Of l[ tl[] l'folll I~ I1Ol ;ICCHI;IIC ;232 PELICAN BAY ADVISORY CO,'XI,'MI'I"FEE Novcmbcr 4. 199,X crcallng Ibis l;ix. in,.2, unil xxhich is .uoing Io be taxing lhcms¢lxes I'm Ihe long Icrm illlpro',.ClllelHs ;l';, x',cIl ;IS lhc~r c;ipll;ll l)r. V;u'Ic~ asked if k~¢ ~¢r¢ lo bc;llltlfV U.S. 4 I. Ih¢ COHllD. ~ould Ill;liltl;lil! il. lkolJld lll;lillI;llll 11 kkl[]l Ollr lllOllCk'.) Mr llschncr replied Ih:Il ;it lhis i~oint ~n I~mc Ibc ~;iv II is slruclmcd. Ihal would Mr ltasson asked ho~ ~o~ ~cl 1o be par~ of Ibc Ii1;1ill1¢ii;111cc ~Ir ll~chncr replied Ih;it Ik~r example x~c ha~c indicalcd FD()T as I~Jc Ill;IIIll;IIIlillU III:IJIII;IIIIS IIICdl;lllS Oil M;lle roads lj ~. 4 J Iff 11 SI;lie Ro;ld. ;lll(J JJlck I11;11111;1111 llie IIICdl;llJ kk'¢ also COllll;lCl ~ lib FDOT Io pto~ idc Ih;il sen ~ce for Ihcm ,XJr JJ;issoll M:llcd Ih;it is ;I SI;ilO J~odd lJlell k~Jlk ~OllJd lJlcx la'l HI,IIIll;III1 I't(~lll Xlr Ilschncr rcpticd Ih:il is ;i fi1111¢ ILo;id. bul lhcv do ilOl lll;lllll;llll inq~oxcd I:lntl,c;H~c Mr tJdsson asked xxho In;llnl;lilled IJle $¢CIiOII 0111he easl Mtle off' S Io Van(lctblh Bca,h Road" Collier (*uunlx ;~nd I:D(JT docs nol do Il. sO Il Il:IS lO lie Iht holncox~ i~,'ts COIIMrIIcIIOII filial IIO Xlr llschncr replied lh:H ~s ColFccI ~llld IS XClW slrlcl :ilia goxcrHcd bx Xlr Caltoll asked Ik~r ll~c ,chcdnlc ol'lhc tJfi I I Xlr II~chncr replied Ih;il he x~onld prm ~dc Ihal lo ~ou al Ibc nCXl Xlr Wclncr Sl/llCd Ill;Il Iht ]:l*l k~¢ had heard {l ~;IS lO bourn IlCXl MIIIIIIICr. Mr We~ ncr asked ~f NI~ llschnci had MII)IIIlIIcM lO I:ILXIA lbr Iht co,I of J Jas Ihal been done" Llr II*chncr rcplKd [JiM Nit I.iIk:ls/ Il;IS ~otkcd ~xllJl Ollt people oll Ih:il ~23~ PF.I.ICAN BAY :\I)VIS(.)P.'~' ('¢)XI>.IIT I'1.~t! Novcmbcr 4. Dr. 'v'arlcx askcd if our be;ich ~,',;ls tzolng Io he done? MR. WERNEI( I.EFT TIlE 31EETIN(; AT 4:211 P.M. Mr l.uk;tsz rcplicd Ih;il Iht bulk of Iht sca grass hns been p~ckcd Dr X':l~lCx si;wed thc noflh cntl h:ts ~cxcr bccn louchcd Mr. I.ukas/ rcpl~cd lhill lhcrc xx;is a 1Ol more sc;1 gr;~ss out there ~OII1~ I~ (IO. l~ I11,11 qOflC~l~ Xlr. l..k;~sz rcphcd th:il Iht bulk of ~t h;ts bccn do,c. Mr W;~rd fC{)Jicd Ihc~ ]l;Ixc dOllC ;I Ill;UO[I[? of Ibc ~xork otzl lhcrc Ihcx h;lx c doltC ~ tlh thc lest o1' lite bc;~chcs Ihrollghollt Collier Dr k':~lc~ ;~skc(I ir x~c get ,nxohcd in thc U.g. xx:~ thc ('Olllll~ xxo.ld t;lp thc X1S'I't3I' Mr. You.g replied no. a ,MSTI) ts nol IbC ,MS'FI~I~; X1r Ilsc'Imcr c.xpl:.ncd I]~;H Iht ri~;Id dlqr~clS x~crc c'rc;llCd I~ ~o;M ~l~;lI.Ic~:~n~c x~(mld bc :, ({ll'l~'~cill Item (m x~mr t;~x t,,ll X1r W:~fd M;llcd Ih;il ollc o1' Ibc sl{cclq In xo~lr p;,ck;~gc dct]llcs Sc~x'iccs 'l';~Mng Dlslrlcl ,tsclf Yo. nrc ~n MS'ID 2. ~luch Pclic;{{l fl;ix ;~tJ xx]{~c]{ goes (ml lO ('Olml~ [~o;Id ')51 W[lalcxcr Fund ll}l MS'FI) p;lld for Ih;ti l{{l(mt:h ;I scp:trnlc ;itl x;llOrCltl Nix oil x~*l~l lax bill. I XxilII [J.S. 4 I. Ih;Il x~tmld prnb;d*l> gel pill llllO MSTD 2 ftllld 111~ :111(1 Ill;il Cosl xxcmld ih<'n Ol'lllc MS'FI) 2. l:uml 1113. of xxhich x~c I);~5' ;fi)out onc-lhird ~234 II l[ Il]Il [ PEI.ICAN L',\Y ..\DVISOI('Y CO,\1XII'FT[!I-~ "~ ,~ """ I Xlr Ilschner replied Iht l'mld is .lllSl ;in ldenlifi;thl¢ fund fl~i XI~'I'I) Dl,,,li~c[ 2. ',~l~.h those I{mmcs ;hid ',,,, luch ;ire pul IlltO ;I [:IIIld c;lll,,.'d klr C;n'roll SI;lied Ih;il XIS'I"D 2 cra, ers ;~ Iol inor¢ ;Ir~;I Ih;in .'qc;I.,,..';il¢ ()ri',,,,: h;lx¢ lo pn.~ for (he Ih{cc m~l¢ ~(I'C(C'II" Xlr. Ilsclmcr replied Ih;il h~nds pCH¢l;llcd ill ,X. ISTI) 2 ~s I~kc .'ZO~n.L' ImO Fund pro. i¢CtS ;Ire csl;~hlishcd in lhnt to;id ti(striCt These ;Irc I~nm;~ril.,, roml IIl;lilllCtlllllCC Il{Crc primar~l? R~r. nOl h¢,ltll~[~C;lllOll ;lilt( IIlilIII[~I1;III,E¢ Ol' b¢;llllll-Icd Ill~.'dl;lIIS ;Il ;Ill '['ht~'.c tJctJic;ItCd for Ih;Il Nil (';,~,11 m, kcd ~llc~c thc I'ul~,h. ~oI~[,! ~:o[]lc Iron{' Xlr ll',dmcr Icpllcd Ih;il \~¢ ]l;l\C IIOl ¢!',l;Ib]lshcd Ih;il ~OlllCC \Vt ;lie ])Ic~cHII) (Iow [OiiIg [o Ill;l~,C dclClllllll;l[iOil~ of ]l(l~l [O l'lllld ]]1~ III;lllllCII;lll~ o1' lllCt]l;lll [1c;lllIi[~c, illOll IbC ('ounl~ kVhclhE~ Ihal should bc done bx lhE XIS'I'I) ;H~pm;~ch ~hc~c ~c s~mpl) IIWCII;IIH~H II~;~l x~C Otl~lll Io ~lllp]o~ ()ur ~I;111' I~ [~roh;~lfl~ 5~",, CoHIplcl~ III (Il,Il [~oCC~, IICXI IIIITCI~ ('){)) Jo llllC Jililldr~d I%xcll[~ ( J Ill) d;l%s lo ~ork ~lh IIICIIII1cIN OJ' {IIc COIIIIIIIIIIIIX COIIIIIIiIJcc ;il)pro;Ich lO rcxlC~ lh;H (J;ihl ;llld (Iisi{ Ill;IkC SOIIIC rCCOIIIIHCIId;IIIOTIR ,'~ J~CCII CIC~IICd JO{ Ill;l[ J)IIIJ]O~C ;{Hd ;IJ~o J~ dc~cJoJ)CF ;I~ICCIHCIll~ XJf ¥OIIHC ~I;tICLJ Ih;l{ x~C ;IIC ;IJJ I';{llllJl;lf ~xllJ{ IJIc I;IIIiJsc;IJ]III{', Ih;Il Jl;ik ]CC~nll~ V;l~ldcrblll I~C;ICJl [~MCII~mH .-XIH J COIICCI II1%1)Illp Ih;l[ IJlc III;IIIIICll;III~L' Of Ih;il J)cIll]2 p;ml l~r I~x Ibc XJST[) 2 m~dcr [:und Xlr l]~chllcr ICl)lied Ih;Il Ibc [~C,lllili~Ci{ j~l{lllOlI oJ' Ih;Il {)t~{ccl ix bCIIl~l J)OlllOII llI IJJc IIICdHIII Ih;Il 1~ IIIHI11j~l(~xCd I~ J~L'IIIE II};lllll;llllCd t~ ('OJJlCf ('OIllil~ IJlluil]ZJl {~lc PF.I.[CAN I~,/\Y ADV[F,¢)P,h' November -I. 1 ;Ip[~roI')ll;~l¢ cxpciichlur¢ ill l:lHld I0~. or ~ll;llcxcr [)iMric! Ih;l! road scgmCl~l cxi);llld Ih;il IS ~UIIl~ lo hc ;I rc;ll m:uor Issllc Th:il is Ibc bulk of' Iht COSl ;md dcvcJol)crs Nit []oxl ;iskcd i~lhosc p;~rcc[ o~ ¥;llldclbill ;lie un(lcr COlllr;lcl Io do lllonC? Xlr ll~clmcr replied Ih;Il ~V('I 1~ Obll~;JlCd Io cio Ih;Il .klr Were)cF Cxl)hlmncd Ih;il iF x~c Ii;id Iht sam)it I)l>C ol' a~rccmcm ;ms ~c do U S ~ I. ~hc X1STD ~ould llcIp p;m> l'or Iht m;~mmcn;mcc ol'lh;ll .Xlr Pi~cs ;)~kcd if Xlr. llsclmcr d~d ~ml Im;m~c ;) liming crimch ;)lso bccmmsc sI:~rl~;m~ ~ .%lr lhrcs ~l;llCd Ih;Il lh6 dcICrliIJIl;lllOll I0 [)6 lll;l([C 1~ ~hclhcr IO IIICIC;ISC Ihe X1STD's or corec ~p ~lh a diITcrcm fimdin.~ formula nccds lo bc made ax Ihal proccs~ .%Ir II~ch~cr aCrccd Dr k';~rlcx sl;Hcd Ih;il ~lr lI¢chncr's propram ~, a~mcd al making lhix morc X~lh more cqm~ldx Ih;in Ibc IiIIlc p:Hch work Ih;Il IS lhcrc process so Ihal x~c c;m make Iho~c i)rcsCl~lallOnS :lg l)arl ol'lhc budget 3236 PEI.ICAN BAY ADVISOP,'~' CO.".IMI'I-FI:'I-~ Novcnlbcr 4. 19'/8 II ~ ............. I ....... - I IIIIII I Mr. It;isson asked Mrs Obit: ils rc;fl csl;Hc pr(ff,..'ssi(m;ll. ~1' Ih:H I;~HdsC;ll)iH~: x~oHld I~;~xc ilnp;iCl ozl Ihc vnlucs of Pclic;m B;2x" Mrs. Oblc> rcpl~cd th:~l II docs not r2gl~t noxx. bill ~ill pfob:d,I} cXCnl,~:~llv h:lvc ;~n cFI'cci likc lo h:~vc thc prclly cntrrmcc nlong thc higlm;~y. Do~n Ibc ro;~d xxhcn lhcv sec more off Thc Collic~ Reset'cs nnd I:mdscapi,g on SC;lgalc N;ll)lcs Nits Obit) ~cllt~cd sI Is ~tmr I)O~H door Mr. tl;l~son roi)lied zl zn;l~ bc zm t'rolll cloor, bill I IhiJIk lilt I;mtlsc;ip~Hg ~n i)clic:Hi lg;jx ql)C:lkS ilsclf il I~ bC;llllll'll] Jl (1o~ llOl I~qllll~ .111~ ;IL~,JlilOii;iJ I;INC~ Ih;Ill ~C ;IJr~:i(J~ h;l~C 'J'Jlc .~I;IIC 0~% 114 Ih. II Ihink Ih:~l x~ould bc ;I lcrriblc Jmrdcn Ibr IbC l;ixlxibcrs of Pclic:m Mr lhrcs (hq:]grcccl s;131ng Ih:ti ;i honlc ill PcJic;in B;iv ;IHd ;I holliC ill Polic;~n M;Irch. xnlHc(l ~ilhin Ih;il c{~sl;'~l I);I)S x~hcthcr ~t ~, ;~ % I.II~)({.(~(l() Z'cs~dcHcC ill {)CIIc;IH [~:lX OF C(~ll~cr'$ I{c'Czxc flu nrc P:~5 i~g For other' ;irc;l~ Mr. llschncr cxpl;tHlCd Ih;il il IS Hlll)Orl;IHI Io HOIC Ih;il ;I IH;IJtqll) O1' Thc flindq Ih;H ;~rC lhrottgh l;IX;lllOll ;irc goiHg for lotllltlC I)l)C ro;~d lll;lllllCll:lllCC ;llld I1(11 I~1 bC;IIIIII}C;III~MI l)l)C II1:11111C11;I;;47 l)r V;l~lcx ql;lictl lllls xxould n~xx bc ,13~c;~d oxcr Iht CIIIIFC (]lSlIICl . IIOI .IIIM })c[iC;Ill [~;tx TI1c gOIIl~ lO [)il) l~r ~1 ;llld iio~x x~ti;ll XOtl ;irc $;iXill~ IS Ih;Il llcIlhc[ o1' lhosc ;tic ~¢hl. 1I IS sDII of ill Thcrc is ;i ro;~cl di~l~iCl lhing. Mr. llsclmcr rcplicd Ih;il to;rd diSlriCl~ h;ixc bccn in cxislcnc~ for ;i long 1237 PELICAN I3AY ,,\I)VISOP, Y Nm, ¢lubcr 4. Dr. V;irlcx agreed, s;i.%illg h~ did mcdi;ms So a lar~cr group Ih:In jusl [)cliO;Ill ~;1% ~Ollld b~ p:l}ing for Ibc III;IilIlClI;IIICC. Xlr Ilsclmcr cxpl;::ncd Ih:il Iht cmlrc :~rc:~ of :] ro:d dislrict %~hicl~ dislricl. Th:llis~hepuqmseofil X1r. th~sson slmed Ih;ti if Ji:l~e {O know x~ml;ll ;IrC;I X~C :irc pOlll~ 1o IIICorp(1F;llC Of' u'll~tilllj);iss [,~ ~J ;llltJ IIICll ;Idd IJiC ;IddJllOll;IJ ItlJJJ;l~u' lo {;IkC c;Irc [)r V;lrlc', Sl;llcd Ih;Il JlhoH~hl .Mr ilscl~l~cr replied Ih;Il I ;1111 Illlj~rOXClllClll ;llld i~1 lJlJs c;IsC ~Oll ~ollJd Jl;lXC IO cxj);llld lo IllCOrj)or;ll&' IIi;il ;irc;i, .MRS. KREIGIi I.EFT TIlE .MEETING AT 4:25 P.M. Xlr }l;i~olt M;llcd %Oll :IrC l:mikimt~ :ibout J)cJJc;Jll [~;1~ lJl~ll. JIiJ(l ilol J:lllld pJilco. ~VL' do Ilo{ kllO%~ ~%Jl;l{ [Il21[ IllOCh;llliSlll ~%lJJ I1Ol il Jlodgc J)odgc of dil'l'ercHl 323X ......................................................... IIIIIIIII III II II lllll '- II- - I ...... ~ ~ ...... PI:'[AC:',,.N BAY ..',.[)",'ISORY November 4. I .',.Ir II,;ch.cr reF, tied Ih;il x,.e alre;dy do il lhrough lh¢ slrcclsc;ip¢ lu;isler plan. Mr. Broxxn asked Ihilt on Saturd;L~ ;md St,nday when thc Pcl~c;m [gax So, ices l)~x mox~ing Ihc grass and Clllllllg Iht Ircss on Iht II1odi;lll. ;irc ~xc pa> lng I~mC and onoha[l? Nlr Ward replied th:it xxc bttdccl 5(~ hour work ~xccks lbr our qalT;md thc II} hots~s lime and Mr. Broxx, asked ~f that xxas Iht mosl cco~om~cal xxav lo do iI'~ NIL Ward replied Ihal is x~hal xxc have delcrmincd. Il xxas less cxpcns~xc limn hiring pool, lc and il :dso allox~cd for longer xxork daxs and lo,get x~ork xxccks, so xxc gol higher p~oducl~x il) out Mr Ward rcphcd l]l;ll ho (lid IIOI kllOXX If il XXilS prevalent lllr(m~ho.t thc ColllllX I ixfic II iii Pelican [3a~ Io mcrc;iqo product~x iix. gel Iho job done with less people ami m;ikc Ibc cniplosccs ;~ Iilllc happier. MANA(;KMENT('()NTRACT (;. I. M()YER. P.A. ;1 billion dollar comp;I,5 and haxc ll}.l}ll{I cmplosccs xxorld-xxidc and l.S{}()I)coplc hcrc SI;IICS ~'c ha~ c .tuned our agrccmcnls and h;ix c aclu;ill) closed thc deal ;il this i)oinl in ~,~c I X~illl all of our cllCiIls :lIId I}1;11 lhcrc ~s .o IlllOlll Io rcmove illl~ of Ibc radix ichl:lls Ihill arc rcspo~lstblc ;lily of IbC COlllr;ICl~ Ill;Il ~tc {1;l~C. ¥011 ~11 Slfll sec lllC here. 'Fo I{ic ONIClll Ih;ll XOll dol~'l lho~c :Irc dcClxlOllq I{l;lI [xC C;III all IlIilkC Ill [he {'illtll'C :llld xoll h:lvc lbo rlElll of lCtlllil~:~liO{{ lllltlCl lUX existing contracts bc :tss~gncd 1o our nck~ firm ~ilhout :In> change ~halsocxcr ~n Ibc lcrmfi PE[.ICAN I~:\Y ..\I)VIS{)P,'F Nmclubcr 4, I of thc contr:lcl ;md thc Resolutions Ih;il I ha'..c prepared for lh¢ [:loard of Count', Colllllllfi.qlOllOIS consideration imhcatc x,, h:~t Ih¢ Icrms of thc lransilion ,.,.ould be. Mr. tt;~sson asked ifan.',thing at all xvould ch;rage'! .Mr \\':mi repliccl that tho onl', ~hing that ,.\ill ch:tng¢ is thc n:~mc l .llr. Pires ,,m'ed, .wc',,dt'd hy ,Sir. t[oyt a,d tq,l,rm'ed """""'"""."¢ I /t~ rt[~l~rm'¢ tltttl rcc't,ntm'nd the [~c.~'t~ltltiolt fi~r thc tt.~'.x'ignl,t'nt tff the ! (;. L. ,~ItJvcr. I~..1. ct,ttrttc't to .¥cvcrn 7>cltt Ettvironmcnta[ .h'c'rviccx. ]tic'. ' Dr \';ir-lc'. ;rskcd Xlr \\';irci Ih;il if dou. n thc ro:ld Ilo I~'lt things u. crc going Io si;ix Ihl~ x~:lx Ihis co]up;m5 re:itching ~n ;I slighll5 (liFf~C~l di[cclioH" Mr W;itd roi)Pied Ihat x~c h;ixc h;M ;I lot ofsuilors ;~sk lO ;~CCluirc our firm oxcr Ihc I;~51 1~o :md /xc h;ixc csscnli;~llv s;,id no. x~c ;irc not inlcrcslcd. Thc rc;isOll Ill:il x~c chose Scxcrl~ Trcn[ ;l~ld chose us was bec:rose oFthc philosophical alld ideological concepts Ih:ll Ihcv lmvc ;tnd Ilml ~xc h:~xc have in opcrall~g our business. As :~ rcsull oFflfis x~c chose lo do lhis ;md i1 provMcs opporu~ml~cs IBr our firm to cxp:md bcxond [he gl;Ilo of Flor~d;~ ~xhich xxc do riot hilvc Iht ;ibililx Io do nox~. [ think lh:~l bo useful for us ~n Ibc long Icrm I Ihink 5ou ~ill sec ox;icily thc s;tmc business philosoph5 :~ ~c rolo Iht flilurc :is xxc currcnllx hilvc. Dr V;irlcx sl:llcd Ih:ii bx Iht il:lille 11 SOIIIIds ;IS l~ lhc~ ;irc lllOfc 1111o CllX'IrOIIIlICIII;I] th~n;:s Mr. W;L[d \'epiped that their pr~m;~t) bl~sHicss Is i1~ Iht x~;llcr ;~ml xx;islcx~;~lcr, mililx They nm ulilitv h~cililicsaround tl~c xtorld Currently m Florida. thc~r(ml~ opcr;~lmn is ~n l.cc ~hcrc lhc~ opcr;~lc Iht l.cc Cotml~ W;llcr and W;~SlCX~;~lcr fi~cililv and Ibc re:cra acquisition of thc Gull' Utililv Sxstcm. Thal is Iht pr~m;l~) IBcus of lhcir business. Our cxpcrl[sC is re;ill\ Dr X';~Ic~ :~kcd ~f Ihcx h:M ilOl prcvmusly bccn doing xxh:~t xou do ;~ml this is :1 ucx~ xcnm~c them'.' 324[] PELICAN BAY ADVISORY CO,MMI'ITEE November 4. 19')X Mr. W:~rd replied yes. this is a nc~ ~cmurc. A l).I O U R N There being no furlhcr business, thc mccling adjourncd ;~l 4:311 PM. Dr. Akin Varlcy. Chairm:m 3241 TO: FROM: DATE: SUBJECT: Pelican Bav AdxSson.' Committee James P. Ward June 25. 1998 Berm and Swale Main£cnanc¢ Program I have attached for 5'our review and consideration, an analvsis of the Berm and Swale .Main:eaance Program for the berm betxveen the developed portions o£ Pelican Bay and the Clam Bay s3.'s,em. Thc analysis is intended to identil'y existing sen'ice levels For the berm. along with three additional leveis of restornlion, along with the maintenance program requirements .For these restoration levels. Adding additional width to the berm in Systems III and IV is being evaluated and will bc revic~cd you at a later meeting. Il'you have an.,.' questions regarding this matter before our meel~ng, please let ,nc know. Berm Area - Swale and Retention Area Maintenance Expanded Service - Budget Costs Berm & Swale Maintenance North Berm 8.28 Acres South Berm 5.45 Acres Total 13.73 acres This area consists of the paved area of lhe berm and the slopes and swales to each side. It's proposed that the level of maintenance, except for some additional removal of debris in the swale, remain relatively the same as listed below. However the width of the berm will be addressed in an additional outline. Current Service Mow Grass - Bi-Weekly in growing season, every 2-3-weeks in dormant season Chemical treatment every 1-2 weeks Aquatic plants cleaned 3 time annually Swale slope maintenance annually Funds Budgeled Wilhin Current Budget Expanded Service Level Remove stick's, debris quarterly All other lasks performed at current level of service S 2.500.00 Berm Maintenance Page 1 South Berm Retention Areas Non-ACOE Jurisdictional Area 14.71 Acres ACOE Jurisdictional Area 1.41 Acres Total 16,12 Acres South Berm Retention Area is the Water Management retention area on tile east side of the berm from The Registry to The Commons as identified on the print. The following is an outline of the current service level, and an expanded service level with three levels of restoration, and a restoration maintenance program. The three levels of restoration are as follows: Level I Cutting and removal of all vines. Level II Removal of dead and live nuisance trees and branch's. Level III Removal of all underbrush and undesirable vegetation and replanting with aquatic and ornamental plantings. Current Service Level Remove Brazdian pepper and Melaleuca Chemically lreal re-growlh of pepper and meleulucia Selective removal of dead trees Prune back encroachment ct vefj,ola[~Oll Io berm on both east and west side annually Prune encroachmenl of ve0etalion from eastern edge of retenlion area rolo cof~domilllum landscape as requested Expanded Service Level Restoration Levels Levell S 15.974 Levelll S 42,708 Level III 2158.317 Total 5 216,998 Funds Budgeted Wilhm Cu~renl Budgel Restoration Maintenance Program Requirements Chemically treat area for re-grov~h quarterly $ 4.704 Quarterly removal of vines branch's S 2.352 Quarterly removal of all undesirable S 4,348 underbrush (weeds, dead shcks, twigs etc.) Ouaderly cleaning of plantings S 6,577 Total $ 17,981 Berm Maintenance Page 2 North Berm Retention Areas ACOE Jurisdictional Area 23.26 Acres The North Berm Retention Area is the Water Management retention on the east side of the berm from The Commons to the North Tram Station as identified on the print. It's being divided into two areas for the purposes of the restoration program, from The Commons to the Sandpiper Swale ahd Sandpiper Swale to the North Tram Station. The restoration costs for the northern half will be coordinated with the developers and therefore no cost estimates are included for this area. The southern half of the north retention area is divided into the same three levels of restoration as the south berm retention. It's important to keep in mind that any restoration to this area including the exotic removal will leave this area like The Heron, and therefore unless it was to be left in that condition would require the completion of all three phases of restoration. Current Service Level Remove Brazilian pepper and Melaleuca The S30.000 budgeted for exolic removal for this fiscal year was originally intended for the completion of the exotic removal on lhe south berm. When thal portion was completed with FY 96/97 funds the money budgeted FY 97/98 was lo be used for the north berm exotic removal. After recent conversations with contractors only a portion of the exotics in lhat area can be removed for the $30,000 budgeled. Iherefore these addilional funds are being estimaled. Selective removal of dead trees Prune back encroachment of vegelation to berm on both east and west side annually Prune encroachment of vegetation from eastern edge of retention area into condominium landscape as requested S 70.000 Berm Mainlenance Page 3 Expanded Service Level Restoration Levels (The Commons - Sandpiper Swale 10.93 acres) Level l S 1,040 Levelll $ 17,334 Level III $ 200,352 Total $ 218,726 Restoration Maintenance Program Requirements Chemically treat area for re-growlh quarterly $ Quarterly removal of vines branch's Quarterly removal of all undesirable underbrush (weeds, dead slicks, lwigs elc.) Quarterly cleaning of plantings Total 3,189 S 1,595 S 3,189 S 6,379 $ 14,352 Berm Maintenance Page 4 The Commons Hammock Area ACOE Jurisdictional Area 1.97 Acres This area is the Hammock located adjacent to lhe tram road that runs along the west side of the property. Current Service Level Remove Brazilian pepper and Melaleuca Chemically Ireat re-growlh of pepper and meleulucia Selective removal of dead trees Prune back encroachmenl of vegetalion to berm on both east and wesl side annually Prune encroachment of vegetation from easlern edge of retenlion area into condominium landscape as requesled Funds Budgeted Within Current Budget Expanded Service Level Restoration Levels Level I S 2,165 Level II S 7,216 Level III S 6,871 Total $ 16,252 Restoration Maintenance Program Chemically treat area for re-growlh quarterly Quarterly removal of vines branch's Quaderly removal of all undesirable underbrush (weeds, dead sticks, lwigs etc.) Quarterly cleaning of plantings Total S 266 S 133 S 266 S 531 $ 1,195 Berm Maintenance Page 5 PELICAN BAY ADVISORY COMMITTEE AUGUST 5. 1998 hirc a full time manager and wish you well in that endeavor and will be glad to ensure that transition occurs in wl'satcvcr form you desire that to happen. Mrs. Oble), moved, seconded fi.v Air. Rt~elli~, and approved unanimt~u.,[y to apprm'e 3Ir. tVard's ct~tttract. MR. PIRES LEFT THE MEETING AT 5:15 P.M. DISCIJ'SSION OF TilE BERM' RESTORATION ,,",ND MAINTENANCe-; Mr. Ward explained th;it thc Cosnmiltcc h;Id ;~skcd during lhc p:lsl fcv,' momhs about ,,',h:~t could bc done v,'ith the berm ~'slcm in Pelican Bay, in order lo bring it In ;~ stand:ltd which is difrcrent f'rom what we currcnllv maintain and also to define v, hal we currcntlv do .'~long the berm in Pelican Bay. ",Vha~ I have tried In do is break the berm area from the Rcgislrs.. Resort nnnh to thc noah cmr:mcc and define for you what u,.¢ rcallv do. I have provided ;l Memorandum Ihat outlines lhosc :irc:ts for you. outlines Ibc Corps jtmsdictional areas for you ;lad outlines lhe cosls of ~hrcc diffcrcnl lex'els of ser','~cc. \Vha[ currently do along the berm is we maintain Ibc top of lh¢ berm m forms of' Ibc ;~sph:llt and i~ is replaced on a periodic basis, which ',,,'as ~onc during this past year. Thc slopes of that berm ;Irc m;~intamcd by thc Division on a periodic basis tbroughom the .','car and mo,,vcd pcriodicall.,,. Wc go in ;md put dov, n g'c grass and things of that nature during tim appropriate lilacs of lite scasol~ :lad do ;1 Ii111¢ bit of clc;ming out of what I call Spreader s','.alcs Those are thc indentation arc;ts on thc c;Is~ ;md ,.','cst side of thc berm They arc cleaned out in either oF I',vo v, nys. One is nmchanically, by just picking up a lc:,, sticks debris although that is not a primary I'ocus. or alternatively using aqu;~tic herbicides in order to treat those v, ater areas for algae and oilier sons of aquatics that are in il. Beyond IIlal. tO the cast of the berm :Ire areas Ih;it :ire pan of IJle Division's walcr m;Inagcmem system :md that mc;isis IJlal lhcsc p;lrBctJl;ir ;~rcas arc a pan of our walcr m;ln;lgcmCnl system and v, hcn xvatcr ams off Pclic;~n I3;~x' il is designed thai ;,.atcr flow goes into these areas, is mainlained [or a ccmain period of lime. goes ~alo lhose spreader sxvalcs and then out into thc Clam Bay area. la lhese areas, il'.vou go back and look :~t Ilmm. Ihcv can look like p;~n 3165 PELICAN BAY ADVISORY COMMITTEE AUGUST $. 1998 thc backyard of thc condominium, such as the Grosvcnor and Dorchester. They have been spotlily maintained, or tilex, have been left csscmiallv in a natural state bv the developer. What we have done in thc last couple of years is xvt have gone in Systems I and II. from the Registry to tile Commons Park and have had a program to remove thc exotic materials. Thc exotic removal has consJstcd of Ibc removal of Brazilian Peppers and is prclly re,ch it. There was no clean up cffor~ outlmcd ia our budgcl for Syslcms and II. As you know when v,'e got in and did this. we had a very big problem in the ttcron area v.'hcrc thc exotics ,,','crc 'ccD' invasive in that area and once lhcv :','crc removed we had to go in xvilh an ovcrlav replanting program in order to deal with that parlicular problem Mr. Ward continued. Ihat in 5'our current year's budget from thc Commons Park i~or~h to Croxxn Colon>., ahnost to Ibc parking lot. was intendcd to bc cleared o,t ofcxolic m:llcr/;lls. II is :lbom' :1 IV. ClllV- eight ;icrc area for this location. \Mc had b.dgctcd roughly $30.{)~111 ill o,r [:iscal Ye;ir 1993 Budget in order to clear out this area. In 111(2 areas norlh of Crown Colony. as bmldi,gs :irc being conslr~ctcd have been requiring the removal of cxolic materials and Ihal has prclly much bec, dolce exception of the existing buildings that arc trader construction. As Ihe Ccrtificalcs of Occ.p:~nc.x's corec o,t for Ihosc buildings, ti?re is a rcpl:mting program plan/md for those arc:~s to I:d.:c Otll Ibc exOtiCS and put in new aquatics. That has been done on lite site of thc Cl:~ridgc and the sil¢ lo Ihc north of Claridge is not done at this time. That sitcisowncdbv WClandwill bc:~ requirement o£~hat developer when that parcel is developed. That is v.'hcre we arc al this point. Vq¢ do not spcnd :l lot of mo mv only in stafltime alone and it is not morc than a couple of thousand dollars a .,.car ~, tcrms of v, hat v.c do approximately $3.000 a year in materials in order to kccp ~hc berm :ii thc level of m:l~,lcn;~nc¢ we currently have. M'r. Ward explained lhal one of lite qucslions Ihal has come iii> is ',~h:~t c:ln .xoii dO Itl order lo change that existing level of sen'icc and increase it and if you did that how x~o,ld you do that ;md what would the cost of Il'mt be? Depending upon lhe level of sen'ice that x'oll choose, what would bc thc ongoing requirements for ibc maintenance of that program on ;t yearly basis? \Vhat '~ve haxc done is provided to you a couple of different options in this expanded sen'icc btldgcl cosl progr:nn Thc very first 3166 PELICAN BAY ADVISORY COMMITTEE AUGUST .5. 1998 is faking your existing budge! and show you Ihc current level of service and go in wi~h II~c ['cw minor dollars which arc essentially staff timc. It is not an additional cxpcndimrc coming om of your budget. a rcallocation of pcrsonncl timc to do somc minor rcmoval of sticks and dcbris on a qmmcrly basis which we do not do now. Onc oflhc comments we have had is can you do somcthing about picking up thc debris, coke cans and bottles on a periodic basis? What we have shmvn you is how you do that :dong thc Whole of the ~ with what is essentially staff lime and what staff lime would COSl you if you chose to do Ihat mini real amount of work. Mr. W;~rd corllinucd lhal thc hal;race of Ibc arcas h,vc bce, l)mkc, cloxv, inlo csscmi,llv ilJrcc pans. the southern bcrm FCIClHiOii ;Irc;is. norlh berm rclcnlion arc;is ;~d Ibc CollllllOllS h:mmmck We have defined three different levels of sen'icc for you to consider. Level I would be lhc culling .and removal ofjust Ibc vines for all oflhosc fi~rcc areas. You need Io rake ;mo cot~sidcrmion once vo, gc~ ~hc vines out of Ihere. what docs it look like trader those vines and Ihcrc ~s :t potcmial that once Ihcrc and did thal work that thc trcc malcrJals are dying or dead al this p;Irl~culnr pO~nl ~1 l~mc. ;Ind would younecdtogctintoifyoudidthal, bcvcllisrcmovalofthcx.sncsmallofthoscarcasandxxchaxc provided a cst/mate of the cost (or doing that in all Ihrcc nrcas. That is rouehlv S21.000 in all three ;srcas for a Lcvct I maimcnancc program. Mr. Ward explained Ihal lex'el Il would be lo go back .~n once you h;~vc removed those remove all of thc dead and live m~is;mcc Irccs and brnnchcs that xx'ill shoxx up ;~s :~ rcsuh o~xour ~aking OUl that canopy of vines that you sec. We have provided a Level I cost and Level II cost. Mr. Ward continued that once you do all of that. Level III is after thc removal of thc m~dcrbmsh and undesirables you go back in like we did at the Heron and in Iht :~rc;~s that we knoxx arc hcaxilx vcgctalcd with exotics and do a rcplnnting program. Thisislhcrlven Ihr~t islhc most difficult todcat at Ihis current time. It has a lot of exotic materials and is one of lira biggest areas in terms of cxottc materials and is also one of thc areas that has csscmially four diffcrcm conclominitm~s adj;~ccnt ~o There is no question in my mind that you would be back in here doing replacements of all kinds of matchals for that program. Thc costs for lhat arc inchtdcd in ~his budget ;flso. Thc Level II nmi III 3167 PELICAN BAY ADVISORY COMMITI'EE AUGUST 5, 1998 numbers get to be relatively expensive in terms of your doing that work. You do not currently have funds budgeted either in 5'our 1998 budget or projected in )'our 1999 budget for doing th;it work. They would have to be accomplished in ,,.'our .','car 2000 budget. Rcmcmbcring Ihat as I said curlier, xvc do have $30.000 budgctcd for removal of exotics, our estimates now based on whal contractors arc lclling r~s. not going to be telling you that I recommend that wc go in and take cxolics out in this :irc:i. Wc do nol luavc sufficient funds to do it and if you did go in and do it you nccd to budget a £ull ammml o£ money not only rcmove thc exotics, but to go back in with a rcplanting program similar to ,,xhat ~c did at thc Heron to soh'c thc problcm you get with thc waslc and devastation you ~ould sec once c,.¢r3.-thlng rcmovcd. Those arc what wc can dclcnninc as tile dcfinitions of Icvcls o£scn'~cc and costs Mr. Hasson statcd that hc docs not think v,'c solved our probtcm at thc }tcron. IF xou begin remove and replace an area Ihat large wc are go/ag to open a big C/lll el' Mr. Ward agreed~ Mr. Hasson staled he saw what was done :it the [Icron :md that is :refill. I would bc cmb:~rr;~sscd and it cost a lot of money. Mr. Ward explained that you have to rcmcnlbcr that Ibc }lcron x~ll bc nice. xou just haxe Io gtx'c it sonletime. If you look al what wedid six monlhsagovcrsus whal it looks like Iodax. lhcrc ~s a big difference. The expectation is inslant and you do not get instam in a rcstoralion projccl like ~his II takes a }'ear or two >'cars. Mr. Hasson staled he Felt wc ought lo Ircad lightly. Mrs. McCarthy stated that she disagrees with Mr. Hasson In ~hal I do not ~hiak ~xc have an option with exotic removal. First of all. we :ire really being counlcrproth~ct~x¢ Io our clTor~ to save mangrove if xve do not rid the east side of tile bonn of CXOIiCS. [f.~ou knox~ :mythi,g :lboul exotiCS, thcx grow ,,'cp..' quickly, not just through :2 root systeln but through a sccd $.xqlCl:l Thc Iotlvcr ~ou Icax¢ Cxo[ics in Sysleln III. tile longer tiler /Ire tllerc they seed illld blo~ acres,; the t, crm Our m:m,.:'roxcs ;irc on Ibc west side of thc berm and the longer we leave an exotic lbrest, thc more thcx :Ire .',ccdill~ their x~:lx ~nto the mangroves and the more u.'c are clogging Ihe ve~' ~'slems ~e nrc spcnttIng 52 .; mflI~on doll;irs 1o 3168 PELICAN BAY ADVISORY COMMI'I"TEE AUGUST 5. 199g unclog. That is isstie number one. Issue number two is lhat yes. when you takc cxolics oul and I saw thc Heron and I sympalhize, but in fact what Iht cxolics do long term is kill off cvc~'~hing in thcir path. Long le~ you %~611 not have a proper water management side on the cast side of Iht berm If you look thc Heron you will sec all kinds of natural vcgctalion coming tip on ~ts' o~n. It ~s not j,st thc fcx~ trees plamed by the PBSD. What is really taking place now is Iht namr;~l pl;Inti~lgS WC need 1o ~hink about exotics in that we really don't have a choice. We have got lo maintain ~his cnv~ronmcm frcc of exotics for the long tc~ viabilily of this community. Mrs. McCa~hv contimmd lhat lifts subjccl came up For a couple of ,c:~sons One ~as Ih:il there was a lady in Ibc audience who was complaining about a lot of debris Thru debris x~:~s picked immcdialelv and il had comc from our rcstaurams, ltwasnota PBSDx~orkcrproblcm Th:, debris is not aa issue and longer. The trash isgone. What is Ihcrc and has bccn ~hcrc:md I spoke :~bom is in swales and primahly lhe swale west of thc berm. it has developed :l silualioa where so manx trees limbs had falIcn down and so much natural debris had fatlcn ii was doing :l couple orthings :~nd clogging that watcm'av which really should not bc clogged. II also made thc pt:~cc look like il nccdcd x:~rd work Wc all know that once a year }'ot~ nccd Io clcaa up your yard. Mr. Luk;~s/'s men have cie:reed ,p potion and I know from watching, that it did nol take a whole hcck of a Iol of time. b,[ ~1 did make tremendous difference. That is ~vhal I believe you wonld call [cvcl I. I don't Ihink ~ha: ~s debatable because it is blocking the viabililv oFIhat watcmay. Mr. Hasson slated Ihat is x'c~' natural. Mrs. McCamhv stated we arc llOI ~latural. Thc reason Ihosc sxv:flcs :~rc lhcrc ~s th:~l x~hcn walcr comes off the development it goes into those smiles and ullimatclv finds its x~av inlo Cl3m Bax and Gulf of Mcxico. You are hght il is nalural, but where ~vc arc il is nol nmural. Wc nccd lo gixc nalnrc liulc bit of help ~o get rid of the excess. Mr. Wardagrccd. Inlcrmsofthedcbrisissuclhat isalrcadv~nourcurrcm work !cvcl. Wcarc gmng to do that. Level I is getting thc vine issue in Ibc trees 169 PELICAN BAY ADVISORY COMMITTEE AUGUST 5. 19914 Mrs. McCarthy stated that the vine issue is debatable. Thc vine issue is thai lllc vines have taken ovcr the trees east of the berm to such a point that that if we take the vines down. there will probably bc tremendous amount of dead trees. The trade off is if we allow Iht vines to kccp growing as they arc. ultimately there will be no trees there. It is a long term issue and do we want to look short sighted or long sighted? [ don't think there is a simple solution here. I am not sure I want to sec devastation back there. but on thc other hand healthy planting maintenance would stale that lhosc vines should have been removed >'cars ago before Ihcv choked thc trees. I did want to add Ih:it when xou pulled out lh¢ cxolics on Iht east side in System II. what we did is put plantings back in. \Vt did nol go lo ~hc MSTBU and tctl them they did Iht wrong tiling because we knew you were doing Iht rtghl thing. some natural plantings. I think this Committee ought to lake thc stand that ,.vhen xou I:~kc out exotics. which you must do. l do not think it is tip to the MSTBU to rcpl:lcc lhal. Each ~ndivldual bmlding has the biggest stake in replacing those. I really do think that we should nol bc rcsponsd~lc for rcpl:iccmcut bushes. Mr. Hasson Agreed. Mr. Ward rcplicd that Illc vine issue in that particular location is xcr-,' bad :md I agree with Maurecn. Mrs. Oblcv stated that it.is bad on thc wcst sidc too. Mr. Ward replied that it is. Mrs. McCarthy staled that she ~s not lobbying to lake doxx n IbC x Illes bcc:msc I am afr:ud of x~ hal xvc arc goingto find. On the other and ifxvc did takc lhcm doxxn, and my building is go~ng lo haxc problem, but I would stand in front of my Board and sav it is our rcspons~bilit5 lo pu~ plam~ngs ~n there. MR. TOM BROWN LEFT Tile MEETING AT 5:35 Mr. Griffifl~ stated that Level III is obviously the hefty doll:irs m :ill of this and this is all oll the east side of thc berm. ,,vhich goes dr',,' and wet and is lhis saying this mldcrbmsh is causing a ncgmivc effect as to what the water management system is supposed 1o be doing or ~s il an aesthetic thing'? 3170 PELICAN BAY ADVISORY COMMI'IT'EE AUGUST 5, 199g Mr. Ward replied that there is no negative effect with respecl to tile operation of the water management Syslcm. it is aesthetic and would ccnainlx' ,hove tile xValcr off tile properly quicker into Gl;lin Bay. Mrs. McCarthy asked why this Committee allowed Ibc Dorchester to remox'c all of thc namraI plantings and put down a fertilized, watered lawn? Mr. Ward replied lhat lh¢ walcr ,nanagcmcnt area along tim berm is a straight line that paralleled the berm itself. As dcx'clopmcnt began to occur lhese arc:~s xxerc csscnli:fih redefined and thc Dorchester ama actually wraps around lo IbC front of tile building ;md Ihc~ chose IO I:mdsc:lpc ~t. PBID never had any authority in terms of landscaping. Mrs. McCarthy expressed that for the cnviromncnt it is really II~c wrong thing. Dr. Varlcy asked if thc ney.' buildings ,,,,'ill do tile same thing? Mr. Ward replied lhat ilo. tile>' have not corec to you and asked ~ou to vacalc :~nx of those casement areas and are located outside of thc water managcmcm area. Thcx ;irc .going lo:akc exotics are in there out arid do some aquatic plantings. Mrs. McCarthx' asked the diffcrcnce between removing live and dead trees and braachcs and difference in removal of all underbrush and undesirable vegetation, can xou give lac ;ill example? Think oflhe area to tile right ils you u,'alk out the Dorchester. \Vhal is lhc difference bctx~ccn Level II ;~nd II17 Mr. Lukasz replied that Level II goes in and rClnOVCS ~av dc:~d Irccs and there ~s also a lot of trees such as Willows that are leaning over that have to be removed, lhcn go~ng ill and removing :ill Ihc dead underbrush and sticks. When we did the Heron. tile more xvc pulled otlt. the more there was ~o r¢illOV¢. Mr. Rocllig Slated that the vines have to go. lhcv :irc tms~ghlly ~n thc sense they :irc ~oI Level II I could support, but Level III is going too Mr. Werner stated that he thinks there is a linc to be dr:mn here. Mr. Rocllig stated level 1II is planting. ;171 PELICAN BAY ADVi'SORY COMMITTEE AUGUST 5. 199g Mrs. McCarthy stated Ihat short term she'looks out her apanmcnl right nov,' and secs green stuff'. all green vines on the dead trees. To be honest from the aesthetic standpoint. I would rather look at live green vines titan nothing. Long lerm for the community, it is not the right move. I nm not lobbying for any of ti'tis with lhe exception of the $2.500 for clean up which are doing. I certainly do nol want to do Level I unless '.ve do II. Mr. Ward stated that he does not ','.'ant to do II without doing [11 because you arc going lo get into an endless bottom. Mrs. Oblev asked v,'hal tile types of plants thc underbn~sh consists o17 Mr. Lukasz replied weeds and willows. Dr. Varlev asked our legal responsibility for removal of exolics'.' Mr. Ward replied none. There is a move in tile Slate lhal cncot,rages Ihcir removal and ccrI;li~l],, demands that during development ora piece of property. Nobod;' is going to v, alk Io your door ~omorrow and say you are going to take down the Brnzilian Peppers and fine .vol, for not doing ~hal. The~ certainly ,.'er',' strongly encourage you to do that and that is a Stntc-`'~'ide policy .-\loug all of the interstate highv,'ays in Florida you see all of the exotics being removed bv DOT. The~ arc using priso~crs ,'tad have spent a lot of money. You see all municipalities throughout tile State doing Ihis. It is part of thc State Comprehensive Plan Policy in tcrms of when thc.,,' submit Ihcir Comprchcnsivc PI:ms. there is an cnvironmcnlal element that is a rcquircment of thc Plan. We do not havc a legal rcspons~bitit.,, or liabililv to do it. but I can tell you that throughout Ibis State there is a Vel~.' slrong mo`'c Io do this. Dr. Varlev stated that he `'voulcl suggest that v,'c do not have this in our budget now and our plate is pretty full with this mangrove issue. I think we ought to be thinkiug about this lbr next xear and ~he )'ears ,'after. There needs to be a real community education program aud kno`'~ what lite com~tlnnilv rcallv wants out of that area. Mr. Wemer asked if Dr. Varlcv '.'.'as saying to forget about thc $2.5¢io proje, ct'? Mrs. McCarthy stated that she wants il clarified Ihal v,'e arc still going lo remove Ihc cxottcs from Section III. 3172 PELICAN BAY ADVISORY COMMITTEE AUGUST 5, 1998 Mr. Ward replied no. we budgeted $30,000 for that and the current estimates we arc getting for that work is over $70.000 and I am not even comfortable with that figure currentlv. I think il' you go in and take out those exotics, you arc going lo ha'.'c to go lo the next lcvcl and start replanting that area. Mrs. McCarthy cxplained thnt is n scr/ous threal lo Iht mangroves where we nrc spending money tr!,.'ing to save them. If we leave the exotics we are crippling ourselves. Mr. Ward replied that if you decide to go there. I am felling you ~hal this particular area is going to bc ,.'er>.. expensive. Mrs. McCarthy staled that she knows the area. but I also do nol lhink we have lo replant il. If Ihose five buildings don't like ihc fact Ihat exotics have bccn pulled m,I. lhc~ ha;c thc oplion of puuing planlings in themselves. Dr. Varle;' stated lhat has to be done before the facl. That was the problem al lhe Heron. Mr. Ward explained thal the Heron's Board was told lhat those exolics were coming ot, L They '.,,'ill come back and tell you the)' never realized it was going to be so devastated I will caution you that if you go in there and do that and it is more lhan double what we have budgeted for to begin with. so it is not even in tile plan For 1998 nor in. .','our budget numbers for 1999. So ~hal is a problem we will hnve to deal wilh. If we go in and you take il down and we go oul and bid il and il comes itl al $71) 01)l)-$g(I 000. whal I am lelling you is that yeti have maybe g00 units overlooking that area and will be on 5'our doorstep telling you v.'hy you need Io do it. We need Io proceed slo~ly and cal~liou$]v Dr. Varlev staled thal lie would like lo move Ibis along sloe, Iv and have ii on lhe agenda periodically so that we give il a talk and plan what should be our next slop. Maybe Ihe Ihing ~e need to do righ! now is to begin to ~alk lo some of the condominiums and ask Iio~ they feel aboul n. Mr. \Vard replied if you want to Inert slov,'lv Whal we can do as lhi$ is a real problem area wilh regard to exolic mnterials, maybe we can spend some time Ihis fnll and lalk Io condominium owners and tell them we are going to be in n position to spend "blank" dollars to remove CXOliCS and there is going to be "blank" dollars nssocialed wilh replacement cosls. ;ire you going Io be in a pos~ion ~o come ~n and do a replacement program ,'fftenvard7 3173 PELICAN BAY ADVISORY COMMITTEE AUGUST $. 1998 Mrs. McCarthy stated that is like saying to somebody do you mind if we take alligators off of your propcrl3.' so that thc.,,' don't eat neighbors children? That is impacting all of us. Wc ha,.'c spent a lot of money taking out all of the exotics in sections I and II. iryou don't take them out in III. in three .','cars you are going to have them back in section I again. I don't think you give people a choice. Mr. Wemer stated you do your preliminary work first and sa.',' you are going to have a war zone here, is that ,,,,'hat you ,,','ant? You are going to be responsible for thc replanting. I don't think we have to make eveolhing look like a park. Mrs. McCarthy stated that tile Mangrove Action Group is limn going lo have lo get iax'olx'cd in deciding ifyou re. ally ,.','ant those exotics grov,'Jng into tile mangroves. Il is lime For us 1o become a lilllc more ecologically aware. Mr. Ward stated that particular location is about a $300.000 problem wilh removing lhc cxolics. underbrush and gelling into the replanling program. If you look at this area. il looks like ~hc Heron. Based upon what ~vc spent at the Heron. we have come up with roughly $300.0011 IO do Ihat area. Mrs. McCarthy stated that if you live in the Counly today and someone complains oF exotics grov,'ing next lo them. you are then put on a limelable to get rid of Ihcm. This is nol something xxe have a lot ofchoice on. Mrs. Oblev stated that did happen in Marco. Dr. Varley suggeslcd that ,.ve leave this ilem here and in a monlh or so we talk about it ag:fin and begin to move it along rather slov,.ly. We do need to get the wishes oflhe community on this issue. ~i DISCUSSION OF ADVISORY COMtMITTEE MEMBER REPI.ACEMENT FOR MR. FLA'I'TO Dr. Varlev stated that he had suggested that as much as Mr. Flauo's position on this Commiit¢c ;vould be up in January. it seemed to mc to make sense to wait I,ntil Jannar¥ to appoint somebody now ~hat would have to apply and run all over again in January. Mr. Wcrner stated that he wrote a letter to Mr. Ward and feels tim size of this Comlnittce is a little unv,'Jeldv and one of the things my committee is going Io look a! is reducing the size of il :lnd whether or not it should be elected versus appointed. 3174 Berm Widening System III & IV The following is an estimated cost for the widening of the berm from The Commons to the North Tram Station, Systems III & IV. The pavement would be extended five (5) feet to the west side and the slope re-established and sodded. This estimate includes permitting, design, construction and mitigation costs associated with extending into the Clam Bay Echo System. Description Quantity Unit Cost Total Cost Turbitity Screen Weir Structures Extended Fill Material Supplied and Graded Lime Rock & Blacktop Bahai ,Sod Miscellaneous Design & Permitting Mitigation 6000 $5.50 Ln. Ft. $33,000 27 $1,500.00 Each $40,500 12000 $18.50 Cu./Yd. $222,000 3400 $6.50 Sq./Yd $22,1 O0 60000 $0.14 Sq./Ft. $8,400 $35,000 Sub-Total $361,000 $11,0o0 $5,000 Total $377,000 PELICAN BAY SERVICES DIVISION CLAM BAY RESTORATION FUND SEPTEMBER 30. 1998 EXPENDITURES Environmental Consult. Akcrman. Scntcrfitt. ct. al. Lewis Environmcntal Serv. Tackncv & Associatcs Wilson. Miller. ct. al. Dr. Samuel Snedekcr Hilbum Hilstad Others Sub-Total Capital Outlay Improvements General Other Machinery & Equip. Sub-Total Other Fee.~ & Charges Tax Collector Property Appraiser Revenue Reserve Sub-Total TOTAL APPROPRIATIONS F.Y. 1997 F.Y. 1998 Total Exp. Budget Budget Budget To Date Bahmce $ 153.168 $ 54.532 $ 207,700 $ 2{17.683 $ 17 5; 71.46o 5; 7.540 $ 79,000 $ 78.732 $ 268 $ $ 54.184 $ 32.316 $ 86,500 $ 86.500 $ t) 55 47.112 5; 42.888 $ 90,000 $ 67.675 S 22.325 5; 7.001 55 20.599 $ 27,600 53 9.997 53 17.6(13 $ I0.550 5; 38.550 $ 49,100 5; 1o.55o 5; 38.55o 53 $ 18.524 5; 161.794 $ 180,318 5; 27.831} $ 152.488 55 Sept. 1998 Expenses 3.956 361.999 55 358.219 $ 720,218 $ 488.967 55 231.251 5; 3.')56 15.459 5; 1.320.900 $1,336,350 53 15.459 $ 1.320.')oo 55 2.827 55 S 2,827 55 4.727 55 (1.9(1()) 55 18.286 5; 1.32(}.9oo $1,339,186 55 2o.186 $ I.;1').o{~o 55 $ 1{).214 $ 2o.0OO $ 30,214 $ 23.o41 55 7.173 $ 55 5; 13.400 $ 13,400 S 8.637 55 4.763 55 $ - $ 23.600 $ 23,600 $ S 23.6{)1) $ $ 10.214 $ 57.000 $ 67,214 $ 31.678 $ 35.536 55 [55 39{).499 [5 1.736.119 [5 2.126.(,18 [53 54o.830 155 1.585.788 155 I 5.85(, ] Hilburn }tillcs{ad TOTAl. IN~ OICI..S ACCOUNTS PAYABLE-SEPTEMBER DATE INV. NO. .SERVICES AMOUNT TIIRU 12/29/97 12/29/97 $ 29.700.00 12/31/97 29.7110.00 RECEIVED Meeting- November 9, 1998 SUMMARY OF RECOMMENDATIONS & MOTIONS: Minutes of the Meeting of October 12, 1998: Kathryn Godfrey-Irwin moved to accept the minutes as submitted; seconded by Wolfgang Schultz and carried unanimously. Carter ConstantIne ~c'~le Berry Agenda - January 2. 3. 4. 5. 6. 7. 8. 9. Meeting called to order Roll Call Approval of Minutes - Meeting of November 9, 1998 Landscape Architect's Report Transportation Services Report Committee Members' Reports Old Business New Business Adjournment Next Meeting -4:30 p.m., February 9, 1999, Golden Gate Community Center 16 "" ! Meeting- November 9, 1998 1. The meeting was called to order at 4:35 p.m. at the Golden Gate Community Center. 2. Attendance: Bill Jaeger, Lee Hyland, Wolfgang Schultz, Crystal Kinzel, and Kathryn Godfrey-Irwin, members; Russ Muller, Dale Bathon, and Sheila Convery, Transportation Landscape Services; Dayna Fendrick, landscape architect, Wilson- Miler; Jacqueline Silano, recording secretary. Guest: Commissioner Tim Constantine (4:55). 3. Minutes of the Meeting of October 12, 1998: Kathryn Godfrey-irwin moved to accept the minutes as submitted; seconded by Wolfgang Schultz and carried unanimously. 4. TRANSPORATION LANDSCAPE REPORT Russ provided the members with a written summary of questions that were raised recently. There was a review. Crystal noted that the commerci~,l area was narrow in comparison to the residential areas. Russ noted that the ordinance could be revised to expand the boundary of the MSTU if the committee wished to do so. B. Russ introduced DaleBathon, county senior engineer. 5. LANDSCAPE ARCHITECT'S REPORT Ms. Fendrick provided copies of the outlined schedule of events for the upcoming project. She noted that when a Master Plan has been designed, it may be installed over several phases depending on funding. A lengthy discussion ensued. B. It was noted that even if the County took over the maintenance of the medians when the project has been completed, the services of a landscape architect would still be required. C. There was a general discussion regarding the crowning of the medians currently swaled because of drainage. D. The consensus of the committee ,/,,as that they would like to have a project that Iow maintenance and Iow intensity. Russ noted that although Radio Road is an arl:erial roadway and may be considered a gateway when the six-laneing has been completed. Commissione Constantine concurred. F. Concerns regarding the type and expense of installing curbing were discussed. 6. GUEST'S COMMENTS A. Commissioner Constantine advised that he has attended various homeowners association meetings during the past year and a half and noted that the overall majority was in favor of the beautification project. The same held true in the follow up survey where two out of three were in favor of the project. He stated that the purpose of the beautification committee is to carry out the will of the people within the MSTU by overseeing the project and making recommendations to the Board. B. Commissioner Constantine noted that both the Davis Boulevard extension and Santa Barbara Boulevard widening will have an impact on the traffic flow on Radio Road and may push the six-laneing father back on the schedule. 7. COMMITTEE MEMBERS' REPORTS Crystal ,felt that some homeowners misunderstood the survey. Several residents have told her that they felt the proposed tax increase was already approved and that their choice was either ½ mill or 1 mill only. She also expressed her concerns over the project being torn up during the future widening construction. (Commissioner Constantine left at 5:40) 8. OTHER BUSINESS A. Since the contract with Wilson Miller has to be finalized and it will take time for them to prepare a draft proposal, the consensus of the committee was to skip the December meeting. As there was no further business to discuss, the meeting was adjourned at 5:50 p.m. The next meeting will be held at 4:30 p.m. on January 11th at the Golden Gate Community Center. TO: FROM: SUBJECT: DATE: RECEIVED · ,,: f...., !}EC':3 ~'~ ' MEMORANDUM Sue Filson, Administrative Assistant to the Board Bleu ~Vallace, Director, Utility & Franchise Regulation Department Transmittal of' Minutes - Collier County Water & Wastcwatcr Authority December 1, 1998 Transmitted herewith are the approved minutes of the Collier County Water and Wastewater Authority for September 21, 1998. These minutes were approved on November 23, 1998. Direct any questions to me at 434-5063. Norris ¢&r,te~ ¢oe~nt t ne ;. Copies To: COLIAER COUNTY WATEI>. AND WASTEWATER AUTHORITY Minutes of Meeting Board Room, 3r'j Floor, Administration Building 3301 E. TamiamiTrail, Naples, Florida 34112 2:00 P.M., Monday. September 21, 1998 An audio record of tile following proceedings is on file with tile Utility and Franchise Regulation Department, Suite 203, Administration Building, Count.',' Government Center. 3301 E. Tamiami 'Frail, Naples, Florida 34112, Phone (941) 774-8577. Assistant Count.,,' Attorney Thomas C. Pahner was present to provide legal advice to Authority and Director D.E. "Bleu" Wallace was present to represent thc Utilily and Franchise Regulation Department. i. Call to Order (Determination of Quorum) Chaim~;u~ Bennett called thc meeting to order at 2:05 P.M. Authority members prcscn~ were; Chainnan Robcrl C. Bennett, Vice Chairman Dr. Fay R. Biles, and Dr. Ncno Spagna. constituting a quorum. Mr. George J. Schroll ,,','as excused. II. Approval of Minutes- August 24, 1998 Dr. Biles noted a typographical error in the August minutes which she will pass on to Susan Rossi afftcr the meeting. Dr. Biles made a motion to approve thc minutes with thc typo correction noted; motion seconded by Dr. Spagna. Motion passed unanimously 0). At this time. Chaimmn Bennett stated that thc item regarding Par One / Florida Cities will bc postponed until thc next Authority meeting duc to scheduling conflicts. I11. Open to the Public Mr. Bruce Anderson, representing TwinEagles, addressed thc Authority regarding their objection to the upcoming 2:00P.M. public hearing. Mr. Andcrson's statcd thc it is unnecessary to hold a public hearing to amend the £ranchise of Orange Tree Utility' Company to serve TwinEagles. l te stated that under Section l-lS of' Ordinance 96-6. "Thc Collier County Board of County Commissioners exercised the powcrs that it had reserved when it created thc .,\uthority, to enter into an agrccmcnt with thc franchised u~ility to serve outside that franchised utility's scr¥ice area." Section 1-I 8, Paragrapl~ 7. specifically states that such an agreement between lhe Board and a utility lYanchisc shall constitute ;tn amendment to lhat franchisees franc}rise. Mr. Anderson stated that no public hearing shall be required for an amendment ora lYanchisc by' entering into such an agrccmcat." Mr. Anderson stated that thc franchise had already bccn amended bv thc Board on August 4, 1998. ,Mr. Anderson's objection is solcly to protect thc interests of his client against other persons who may be here to object and usc this meeting as a forum to latmch another in an series of frivolous lawsuits that have been filed against thc TwinEagles development. Mr. Anderson then distributed to thc Authority. copies of tile executive summaD, approved by the BCC on August 4, 1998 amending for thc second lime tile Orange Tree agrccment. After reviewing the cxccutivc summ:~ry, Dr. Biles questioned the growth management impact and the urban boundary requirements. Mr. Robert Mulhere, Director of Collier County Planning Sec'ices addressed the Authority on this subject. Mr. Mulbcr¢ stated that the policy decision made by the BCC to allow an expansion ora private militv provider remains in effect and is not inconsistent with the comprehensive phm. .Mr. \Vallacc addrcsscd tl~c Authority regarding Orange Trcc Utility having lo cxp:md their plant in order to provide service to TwinEaglcs. Chairman Bennett asked as to tile legal reason to hold a public hearing on this matter. Mr. Palmer advised thc Authority that tile public hearing is strictly discretionary. Mr. ".Vallace advised that staff felt it necessary to hold a public hearing to officially amend thc certificated area. Mr. Pah'ner went on to advise the Authority tile legal difference between a hearing and a public hearing. Tile Authority members discussed among themselves wilcthcr they wanted to move forward xvitb thc public hearing..%Ir. \Vallace advised that thc final order will nccd to be approved whether thc public hearing is conducted or not. Dr. Biles stated that since thc Authority heard from Mr. Anderson, it is only Rtir that any other speakers be allowed thc address the Authority. At this time, NIs. Nancy A. Payton, representing the Florida \Vildlif¢ Federation, addressed thc Authority in length regarding their objections to the Orange Tree [ !tilitx' expansion into thc TwinEaglcs development. .\Ir. I~almcr advised thc Authority that none of thc objections raised bv thc prcx'iot~s speaker arc not within thc purx'icw of this Authority, These matters arc more of a zoning nattlrC. Chairman Bennett requested proof of notice of public hearing publication..%Ir. \Vallacc prcscntcd proof o f publication. 2 I'.M. Public ltearing- Application for :\rea Expansion Orange Tree Utilities Company (Service to T',vinEagles) .%Ir. \Vallacc stated that Orange 'I'rcc Utility Company, pursuant to lite second amcntlmcnt approved by the BCC on August 4, 1998. followed stafffs instructions and submitted an application that meets the minimum filing requirements according to Ordinance 96-6. Pan of the final order that staff is proposing is for the Authority to acknowledge the second agreement between Collier County and Orange 'Free Utility executed on August 4~h, and to grant a tcrritorial expansion of thc water and wastcwatcr sc~'icc area of Orange Tree Utility Company so they may provide water and wastcwatcr scrx'icc to TwinEaglc development consistent with thc second amended agreement. Also, to grant a panialwaiveroflheapplication fcc in access ofthc public hearing costs. Also, to execute a l~na[ order which will bring eye,thing together and addresses specific considerations that this Authority is required to consider in granting a territorial expansion. At this time, Mr. James Sicsky, rcprcscnting Orange Trcc Utility, addressed thc Authority. }{c advised tbey have no objection to thc above action. Dr. Spagna asked if thc expansion of Orange Tree's wastcwatcr treatment plant will be completed by December 1~t as previously stated. Mr. David Schmitt of Q. Grad.,,' Minor & Associates provided a satisfactory ansv.'cr to Dr. Spagna's question and also answered several questions from Dr. Biles regarding irrigation v.'atcr. Dr. Biles made a motion to approve Final Order 98-09, Application for Area Expansion. Orange Tree Utilities Company for Service to TwinEaglcs; motion was seconded bv Dr. Spagm~ and passed unanimously (3-0). Dr. Spagna had several questions regarding the urban boundaries which Mr. Mulherc addressed. Again Mr. Anderson addressed the authority again objecting to the public hearing. Mr. \\"allace provided the authority v.'ith copies of an amended final order 98-09 which specifically states the advertising costs of thc public hearing. Thc public hearing was closed. Items Requiring Action bv the Authorilv Pass-throulgh Rate Adjustment - Rookery Bay Services Chaim~an Bennett asked Mr. Wallace to address this item. Mr. Wallace advised that thc closing by Collier County on Rookery Bay Sen'ices has been delayed duc to thc County requiring Rookery Bay to complete a pump station. Since tile sale has not yet bccn complctcd, it is necessary for staff to adjust thc rates which reflect thc decrease in thc regulatory assessment fee. Staff recommends that tile Authority approve Final Order 9S- 10 effective October 1, 1998. A motion ,.,,'as made by Dr. Biles to appro,.'e Final Order 98-10; seconded by Dr. Spagna. Motion passes unanimously (3-0). Authority Members Discussion Mr. Wallace again addressed the upcoming Utility Rate School to be held in October in Clcarv.,ater Beach. Mr. Bennett w/Il consider attending and get back with Mr. \Vallacc in tile next scvcral davs. Dr. Biles questioned Mr. Wallace about an item in the agenda packet regarding North Marco Utilities (page 007) regarding their 1997 annual reporl discrepancies. Mr. Wallao ad,,'ised that the utility company's accountant `.','as on an extended vacation and staffhas .,,'et to hear from them regarding this. Mr. Wallace advised that his office `.,.'ill not process an application for a price index for 1998 until the discrepancies are addressed bv thc utility. Dr. Biles than asked about Eagle Creek Utility which Mr. Wallace advised staff had recently made an on site visit to Eagle Creek and provided them with a list of discrepancics to be reconciled. VII. II I, Ill IIIIIIIIIIIIII IIIIII -'Il II ......... I I I Adjournment Dr. Spagna moved for adjournment and Dr. Biles seconded thc motion; motion passed unanimousls' (3-0). MEMOR/kNDUM Date: To: From: Re: January 29, 1999 Earlene Weber, Legal Assistant Office of the County Attorney Ellie Hoffman, Deputy Clerk Minutes & Records Department Notice to Proceed to the Tax Collector for Applications for Tax Deeds for all 163 County held Tax Certificates for 1996 Enclosed please find the original documents as referenced above, Agenda Item #1611, as approved by the Board of County Commissioners on January 26, 1999. After processing same, kindly furnish a copy of each "Notice" to Minutes and Records. If you should have any questions, please contact me at: 774-8406 Thank you. Enclosures DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 I,EGAI, SERVICES AGREEMENT Tills LEGAL SERVICES AGREEMENT made and entered into this c?,(./~ ~'~-' day of ? )rt,.,,t..,',~t~ :, 1999, by and between the Board of County Commissioners, (hereinafter referred to as the "Board" and/or "County"), and the law firm ofFixel & Maguire, 211 South Gadsden Street, Tallahassee, Florida 32301, (hereinafter referred to as "Counsel"). WITN E S S ETt-t: The parties hereto, in consideration of the premises and the covenants contained herein, mutually agree as follows: 1. Counsel is hereby retained by the Board to represent and assist the County relating to County's properly acquisition interests including eminent domain proceedings for the North Naples Roadway MSTU (AKA Livingston Road) (Project No. 65041) between Immokalee Road and the Lee/Collier line and an east/west roadway running approximately 3 miles east of Old U.S. 41. 2. Counsel, upon authority of the County Attorney, is to prepare all legal documents, correspondence, communications, etc. and to attend all negotiation meetings, settlement conferences, court hearings and trial(s) necessary during any eminent domain proceedings for Project No. 65041. 3. The Board, through its Public Works Division, hereby agrees to pay Counsel's attorneys as compensation for legal services at Counsel's discounted rate of $235.00 per hour for all trial ,.york and $200.00 per hour for non-trial work. Counsel shall be compensated at $60.00 per hour for paralegals providing services hereunder. 4. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal services to the County Page I of 4 .~,ttorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 5. A statement or invoice for legal services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall contain, as a minimum, the following information: I) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) The description of ser,,'ices and the time period in which billable services were rendered. All payments and the resolution of an5' disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Pan VlI, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 218.74, Florida Statutes. If the County fails to pay any invoice for legal services within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1%) per month compounded monthly commencing thirty (30) days after the due date. 6. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this Agreement. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be tendered to the Collier County Risk Management Department within fourteen (14) days of the date of this Agreement. Current, valid insurance policy(les) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(les). There shall be a thirty (30) day notification to the Board in the event ofcancellation or modification of any stipulated insurance coverage. Page 2 of 4 7. Counsel shall protect, defend, indemnify, and hold the Board and its officers, employees, and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful or intentional misconduct, negligent acts or error or omission of Counscl, its subconsultants, subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including any claim(s) brought against the County, its officers, employees, or agents by any employee of Counsel, any subconsultants, subcontractor, or anyone directly or indirectly employed by an5' of them. Counsel's obligation under this provision shall not be limited in any way by the agreed-upon total contract fee specified in this Agreement or the Counsel's limit of, or lack of, sufficient insurance protection. The parties agree that one percent (1%) of the total compensation to Counsel for performance of services authorized by this Agreement is specific consideration for Counsel's indemnification of the County. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations and laws of Collier County, the State of FIorida, or the U. S Government now in force or hereafte~ adopted. 9. It is mutually agreed between the parties that all authorization for legal services shall originate with the County Attorney. 10. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith during the thirty (30) day period after any notice of intent to terminate for convenience has been 2 Pagc 3 of 4 given. 161 The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. I I. This Agreement shall be effective upon execution by the Board and Counsel. IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. WITNESSES: ,j:, <' ;) (Printed witness sigh'itu-re) _.//' ' /, ./..~_-_~ . (Printed witness signaturef ATTEST: D~GttT E. BROCK, CLERK ),tte~t a; to Chafr'~an'$ slgnatt, r~. Approved as to form and legal sufficiency: 15avid C. Weigel- County Attorney FIXEL & MAGUIRE JRT(:. Fixel, E~q~uire BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 15A-MELA S . MAC ' KIE, CHAIRWOZ,IA~ Page 4 of 4 February 1, 1999 Donald A. Pickworth, P. A. 5150 North Tamiami Trail, Suite 602 Naples, FL 34103 Re: Resolutions 99-76 and 99-77, Issuance and Sale of Revenue Bonds by the Collier County Industrial Development Authority to be used to finance Health Care Facilities for NCH Healthcare System and Educational Facilities for the Community School of Naples Dear Don: Enclosed please find a certified copy of each of the above-referenced resolutions, adopted by the Board of County Commissioners on Tuesday, January 26, 1999. If you should need further assistance, please contact me at 774-8406. Sincerely, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk Enclosures RESOI,UTION NO, 99- 7 6 A RESOI.UTION OF ]'lie BOARD OF COUNTY COSI~%IISSI()NERS OF COI,I,IER COUNTY, FI,ORll)A APl)ROViNG TIlE ISSUAN('E ANi) SAI,E ()!.' REVENUE BONI)S 115' TIlE COI,I,IER COUNTY INI)USTRIAI, i)EVI';I.OPMENT :kUTilORITY, AS i~,I';QUIREI) SE('TION 147(0 OF TIlE INTERNAl. REVENUE COI)i.~...kS ..\.%II.]NI)I-;I): ANI) PROVIDING F()R ()TILER REI.ATEI) Y, IATTERS. \Vhcrcas. tile Collier County Industrial Dex'elo[m~ent ,'\uthority (tile "Authority"i body corporale and politic of Collier Cotmlv. Florida ("Collier County") created by Collier County Resolution No. 79-34 duly adopted'by thc Board oFCountv ~ommissionc~s on February 27, 1979 pursuant to Pa~ Ill of Chaptcr 159. Jrlorida Statutes, as a[nended, with the power issue revenue bonds For the purposes o1' tinancing a "projecl" as del]ned in Part Il 159. Florida ~l[lltlleS. as amended: and \Vhcrc~s. ('ornmunily I lcalth Care. Inc. (the "Corporation")ami Marco lshmd I~lc. (IJle "t h)spJlal"), each a Florida nol-For-profi[ co~oralJon. ;lad c;~ch OWllJllg OF ccrl;lJll fi~cililies located within the boundaries ofCollier COtlllJV, Florid~. have rcqucslctl Iht Authority to issue its l lcalth Care Facilities Revenue Bonds (C~mmtmitv llcallh ('arc, Inc, Obligated Group). Series 1999A in an amount not to exceed S 17.()00.0¢)~)(thc "Bomls") fi)r ptn'lmsc ()freaking ;~ lo~m Io thc ('oi'poralJon and thc Ih~sphal fur thc purpose of'pr()vJdin~ k)gctl~cr with other available fimds, lo (a) retire all or a portion of'certain interim incurred in connection with the refinancing ora commercial bank loan thc proceeds oFwhich were used to conslruct and equip a two-slory, approximately 39,000 square f~ot buildin~ which houses a mmlical clinic operated by Collier [[calth Services, Inc., a Florida not-lbr-prolSI coq~oration, a laboratory, various administrative offices and various social scrx'icc ;mencv offices (thc "lmmok~lcc f lcalth Park Project"). (b) rmire all or a portion oFccrlain interim incurred in connection with thc acquisition ora two-stoD,' approximately 162,000 square Imilding, a portion of'which is used as a medical plaza which houses a x(ellneSs center, space outpatient rehabilitation se~'iccs, laboratoD, Facilities, physician offices and clinical space (the "Grand Central Station Project"), (c) finance all or a potion of the construction and equippinu of a two-sloD,, approximately 24,000 square Foot building, a portion oFwh~ch will be used as a health care fi~cilJlv which will include a cardiac wellness center and space ~)t- rehabilitation scrviccs (thc "Marco Island l'rojcct") and rd) pay certain expenses inct[rrcd in connection with thc issuance ol'thc Bonds. including ccrlain ~cs and expenses incurred in com~cction with credit enhancement For thc Bonds; and \Vhcrcas, Section 147(0 of thc Internal Rcvcnt, c Codc of 1986, ;ts amcndcd (thc "Code"), provides that thc elected legislative body oflhc governmental unit which }ms jurisdiction over thc area in which tim fitcility financed with thc procccds oftax-cxcmpt bomls is h)catcd is m approvc thc issuance of such bonds after a public hearing; and Whereas. tile Board of Cotmtv Commissioners o£ Collier County. Florida (tile "Board") is tile clcclcd legislative body oFthc County: and ' 1614 Whereas, the Authority caused a notice of a public hearing to consider approval of thc Bonds and thc location and nature of each oflhe Immokalcc tlcalth Park PrQcct, thc Grand ('cntral Slation Project anti the Marco Island PrQect to be financed with thc proceeds of thc Bonds to be published on or before December 30. 1998 in thc Naples Daily Ncws. a newspaper of general circulation in Collier Coullly, alld a copy of said notice is att~chcd as Exhihit A Iht "Nolicc"): and \Vhcrcas. thc Authority held a public hearing on .lanuary 15, 1999, pursuant to thc Noticc and adopted a resolution ( the "Resolution") authorizing the issuance o1' thc Bonds, a copy o1' which is attached as Exhibit B, and has recommended Io thc Board that it approve tl~c issuance of thc Bonds in accordance with Section 147(~ of thc Code; and \Vhcrcas, ti)r tile reasons sci forth above, it appears to thc Board that thc approval of thc issuance alld sale Of such Bonds as required by Section 147(1) of thc Ct)dc is in thc best interests of Collier County. ×OW, TI IL:REFORE, Be It Resolved by thc Board ofCot, nty Commissioners of Collier ('Otlnty. }':lorida. that' Section 1. .,I/7~i'oval of Lv.vuancc of the Bond. v. This Board hereby approves thc issuance of the Bonds by thc Authority for the puq]oscs dcscribcd in the Notice pursuant lo Scclion 147(1) of tile Code. Thc Bonds shall bc issucd in such aggrcgalc principal alllOtllll, hear interest at such rate or rates, mature in StlCh :ll'llOHllt or amounts and be subject to redemption as arc approved by thc Authority without thc further approval o£this Board. Thc Bonds shall not constitute a debt, liability or obligation of Collier County, thc Board. any officer, agent or employee of Collier Cotlnly. tile State of Florida or any political subdivision thcrco/: bul shall hc payable solely fi'om the revenues provided therefor, and n¢ithcr thc Faith and credit nor any taxing power oFCollicr County or tile ,State of Florida or any political subdivision ti~crcof is pledged to the payment of thc principal of, premium, it' any, and intcrcst on thc Bonds. No member of thc Board or any officer or employee thereof shall bc liable personally on thc Bonds by reason of thcir issuance. This approval shall in no wav be deemed to abrogate any regulations of Collier Cotmtv for any portions of thc project located within the rcgulatoryjurisdiction oFCollicr Coumv. Such portions of thc Marco Island Project shall bt: subject to all such regulations, including, but not limited to, thc Collier County Growth Nlanagcnlcnt Plan and all concurrency requirements conlaincd therein and tile Collier County Land Dcvelopmcn! Code. Section 2. ,S'everahilitv. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any rcason, tile remainder of this Resolution shall continue in full [brce and effect, it being expressly hereby Found and declared that thc rcmaindcr of this Rcsoh:tion would have been adopted despite tile invalidity or inct'fcctivcncss of such section, l~aragraph, clause or provision. Section 3. Effective Dette. This Resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with thc provisions hereof arc hereby superseded. P:\SSF. D and Adopted this..,~(Jtth 3 of January. 1999. ATTES'F: D',vigl)k E..Brock, Clerk "(1 ,c" ;,.. Deputy Clerk Attest COLLIER COUNTY, FLOP, ID:\ BY ITS BOARD OF COUNTY COMMISSIONERS t/Pamela S. Mac'Kie Chaim'oman ' [SE,~L] 1(> Approved as to form and legal sufficiency: David C. Weigcl. Count.g_Nllomcy Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News PICKWORTH, DONALD P.A. 5150 TAMIAM! TRL N #602 NAPLES FL 34103 REFERENCE: 010784 5780196G Notice of Public Hea State of Florida County of Collier Before the undersigned authority, personally appc3r~d Jchn E. Tayler, uko c~. oath ~ays that he serves as Assistant Controller of the Naples Pail) Nays, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily f~ews is a newspaper published at tiaples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter et the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or reparation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 12/30 :,: 1,4Y COMMISSION # C.¢7015~! EXPI~!E -; Notice of Public Hearing Notice Is hereby given that the Collier County Industri- al Development Authority (the "Authority") will con- duct a special hearing on January 15, 1999 at 9:00 a.m n the Economic Development Council of Collier Coun- tv Conference Room, 3050 t'lorth Horseshoe Drive, Suite 120, Naples, Florida 34104 for the purpose of re- ceiving pub lc comments end hear ng d scussion con- earning the proposed Issuance of the Authority's Health Core Focilttles Revenue Bonds, (Community Health Core, Inc. Obligated Group}, Series 1999A in on amount not fo exceed $20,000,000 (the "Bonds") for the purpose of making a loon to Community Health Core, Inc., o Florida corporation not for profit ("Community Health Care"), ondMarco Island Hospital Inc. o Flori- da corporation not for profit ("Marco Island H~spltol"), tar the purpose of providing funds, together with other available funds to (o) retire cerlaln interim InaeJ;ted. ness incurred n connection with the refinancing of o commercial bank loan the proceeds of which were used to construct and equip a t~vo-storv, aaproxb merely 39000 square foot buiklinq whlcl~ houses a medical cinc operated by Colliel var gus Odlll n strof ve off cas and various soc;a. service agency offices (tile "lmmokoJee Heolfl4 Pai'k -Prelect'.'J,,~bJ~retlre certain.interim, pdeJ~t_ed.ness .!ri-. CUffed In conjunction wlfh-fl~e (lCqlllSltlon om'Frt.,vo-SlO. fy, approximately 162,000 square foot building, u J portion of which Is used as a medical plaza which houses o wellness center, space for outpatient rehabil- Itation services, laboratory fac)lilies physician oHIces and clinical space (the "Grand Central Station Prop ecl"), Cc) finance the construction and equipping of o two.story, approximately 24,000 SCluore foot building. O portion of which will be used as o healtt~ core locil ty which villi include o cardiac wellness center and space for outpatient rehabilitation services (the "Mar- CO Island Project"J and Cd) pay certain expenses In. curred Jn connection with the Issuance of the Fiends, Including certain fees and expenses incurred in con. nectlon with credit enhancement for the Bonds. The Immokalee Health Core Project Is Iocole(I al 1454 Madison Avenue Immokolee FIoridaondlsownedb¥ Community Heo (h Care, The Grand Central Station Project is located at 308 Ooodlefte Rood South, Naples, Florida and is owned ! and operated by Community Health Care. j The Marco Island Project is Iocoled ut 40 Heothwoo¢l Drive South, Marco Island, FIoridcl and is owned ot~d operated I)Y Marco Island Hospital. All interested persons ore Invited Io submil 'wrllton comments or attend the hearing, either personcllW or through their representative, and will be ~lven on op- portunity to express their views COnCerning the proj- ects or the financing. Anyone desiri;~g J'o make written comments in advance of the heat lng may send such comments fo: Collier County Industrial Development Authority c/o Economic Development Council 3050 North Horseshoe Drive, Suite 120 Naples Florida 34104 Written comments race red n advance of lng, and oral comments mode at the hearing, ore for the consideration of the Authority and will not bind fha Authority. Copies of fha applications fa- financing are available for Inspection end COpying of fha office of the Authority set forth above. SHOULD AN¥-PER~ON DECIDE TO APPEAL ANY DECISION MADE BY~'TRE AUTHORITY WiTH RE- -SPECT TO ANY MATTER CONSIDERED AT SUCll HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR THAT' PURPOSE SUCH PERSON MAY NEED TO ENSURE THaT VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMO- NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. In accordance with the A'merlcans with Disabilities ACt persons needing a special accommodation to par. llclpote In th s hearing should contact Donald A. Pick- worth, General Counsel, at (941) 263-8060 no later than seven (7) days prior to the hearing. This notice Is given pursuant fo Section ~47(f) of the In. ternol Revenue Code, as amended. Collier Cou~v Industrial Development Authority /s/Donald A. Plckworth · Assistant Secretary end General Counsel December 30 No. 1331231 EXHIBIT A TO COUNTY RESOLUTION (COMMUNITY HEALTH CARE) RESOLUTION NO. 99- AN INDUCEMENT RESOLUTION OF THE COLLII~R COUNT5' INDUSTRIAl. DEVELOPMIiNT AUTtlORITY REGARDING TIlE OFFICIAL ACTION OF TIlE AUTIIORI'I'Y \VITII RESI~ECT TO TIll_{ I'I~IOI~OSEI) ISSUANCE BY THE AUTIIORITY OF ITS HEALTIt CARl_: FACILITIES REVENUE BONDS (COMMUNITY }tEALTIt CARE, INC. OBLIGATED GROUP) SERIES 1999.,\ IN AN INITIAl. AGGREGATE PRINCIPAL AMOUNT NOT TO [:.XCF. ED $17,0{)0,000 FOR TIlE I>RINCIPAI.. PURI~O$1i ()l: FINANCING AN[) RE[:INANCING CER. TAIN COSTS INCURI~EI) OR TO BE INCURRt~D BY COMMUNITY tlEALTlt CARE IN('. ( THE "CORPORATION") AND MARCO ISLAND HOSPITAL, INC. (THE "tiOSPITAL") IN CONNECTION WITH THE ACQUISITION. CONSTRUCTION AND EQUIPPING OF CERTAIN HEAIJI'il CARE FACILITIES; AUTHORIZING THE F. XF~CUTION AND DEI~IVERY OF A PRI.:.I.IM1N.,\RY AGREEMENT [35' AND AMONG THE AUTHORITS', THE ('ORPORATION, AN[)THE I{OSPITAI_:AND PROVIDING I:OR RELATED MATTERS. WtlEREAS, Community Hcahh Care Inc., a Florida not-for-profit corporation (the "('orporation") and Marco Island Hospital, Inc. a Florida not-for-profit cc,;poration (the "Hospital") have applied to thc Collier County Industrial Development Authority (thc "Authority") lo issue a series of ils private activity revenue bonds in thc initial aggregate principal amount ofnot to cxcccd S 17,000,000 (thc "Scrics 1999A Bonds") for thc principal purpose of( 1 ) financing a portion ofcertain costs ofacquisition, construction and equipping ofccrlain health care facilities (the "Project") to be owned and operated by thc Hospital, (2) rctlnancing a portion of certain outstanding indebtedness (thc "Existing h'~dcbtcdness")ofthc ('oq~oration previously incurred for the purpose of financing Iht cost of acquisition and construction ofccrlain health care facilities, and (3) paying costs associated with thc issuance of thc Series 1999A Bonds: and WtlEREAS, thc Corporation and thc Hospital have also applied to thc Authority to issue simultaneously with thc issuance of' thc Series 1999A Bonds a series of its taxable private activity revenue bonds in thc initial aggregate amount of not to exceed $I 2,000,000 (thc "Series 1999B Bonds" and, together with thc Series 1999A Bonds, thc "Bonds") for thc principal purpose of(l) financing a portion ofcertain costs of acquisition, construction and EXHIBIT B TO COUNTY RESOLUTION (COMMUNITY HEALTH CARE) equipping of thc Project, (2} refinancing a portion of thc Exisling lndcblc(hlcss, and (3) paying costs associated with fi~e issuance of thc Series 1999B Bonds; and VVI! EREAS, tile Corporation and tile l lospital have requested thal thc Aulh~rilv loan the proceeds oflhe Bonds to the Cm~oration and the Hospital pursuant to Chapter 159~ Pans II and III. Florida Statutes, or such other provision or provisions of I:lorida I~w as thc Authority may determine advisable (thc "Act") in order lo accomplish thc t~)rcgoing purposes; and ~,VH EREAS, thc issuance of thc Bonds and the loaning ofthe proceeds thereof to thc Corporation and thc t lospital to finance thc costs of the Project and refinance thc [~xistin.g lmlcbtcdncss under Joan agreements or otl'~cr financing agreements, and pLIrsuanl to thc lcrms thereof which ,,,.'ill provide that payments thereunder be at least sufficient to pay thc principal of and interest and redemption premium, if' any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority. will assist thc Corporation and thc Hospital and promote thc public purposes provided in the Act; and WIIEREAS, the Corporation and the Hospital have submitted thc Preliminary Agreement (thc "Preliminary Agreement") relating to thc issuance of thc Bonds, attached hereto as Exhibit A; and WHEREAS, in order to satis£y certain of the requirements of Section i47(1) o£thc Internal Revenue Code o£ 1986, as amended (thc "Code"). thc Authority did on'thc date hereof hold a public hearing on the proposed issuance of the Series 1999A Bonds [br thc puq)oscs herein stated, which date is more than 14 days following thc first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manncr that provided a rcasonablc opportunity lbr persons with differing views to be heard, both orally and in writing, on thc issuance ol'thc Series 1999A Bonds and thc location and naturc ortho Prqjcct and thc property financcd by thc Existing lndcbtcdncss, as morc particularly dcscribcd in thc notice off public hearing attached hereto as Exhibit B; and WHEREAS, it is intended that this Resolution shall constitute official action toward thc issuance of thc Series 1999A Bonds within the meaning of thc applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Coq)oration and the Hospital; NOW, TitEREFORE, BE IT RESOLVEi) BY TilE COLLIER COUNTY INDUSTRIAl., DEVELOPMENT AUTHORITY, THAT: SE(YI'ION I. AUTltORITY FOR THIS RESOLUTION. This Resell,lion is adopted pursuant to thc provisions of thc Act and other applicable provisions of law. SECTION 2. I~I~.ELI~IINARY STATEMENT. This Resolution is entered into to pem'~it thc Corporation and the l tospital to proceed with thc firmncing of the costs of the Project and thc refinancing oFlh¢ Existing indebtedness and lc, provide an expression (if' intention bv thc Authority, prior to the issuance ofthc Bonds, to issue and sell thc Bonds and make thc proceeds thereof available for such purposes, all in accordance with and subject to thc provisions of the Act, the Constitution and other laws ofthe State of Florida and thc laws of thc United States of America, including thc Code. and this Resolution, but subject in all respects to thc terms of thc Preliminary Agreement. SECTION 3. APPROVALOFTHE FINANCING AND REFINANCING. The financing ofthe costs ortho Project and the refinancing of the Existing Indebtedncss by tile Authority throt,gh the isst, ancc of the Bonds, pursuant to thc Act, will promote the economic development, prosperity, health and wcl fare of thc citizens oft'oilier (_'ou nty. \vi 11 promote thc general economic structure of Collicr County, anct ,,,,'ill thereby serve thc public purposes of thc Act and is hereby preliminarily approved, st, b. jcct, however, in all respects to thc Corporation and thc }lospital meeting thc conditions set forth in thc Preliminary Agreement Io tile st)lc satisfaction of thc Authority. SECTION4. EXECUTION AND DELIVERY OFi'REI.IMINARY AGREEMENT. The Chaim'mr~ or the Vice-Chaim'mn is hereby authorized :md directed to execute, tbr and on behalfofthe Authority, the Preliminary Agreement, in thc form attached hereto as Exhibit "A", among thc Authority, the Corporation and the t]ospital providing understandings relative to the proposed issuance of thc Bonds by thc Authority to finance tile costs ortho Project and refinance the Existing Indebtedness in an aggregate principal al]lounl not to exceed thc lesser of(a) 529,000,000 or (b) the amount determined by the Authority. the Corporation and thc Hospital to be necessary to accomplish thc tbrcgoing purposes. SECTION 5. AUTItORIZATION OF THE BONDS. There ishcrcbv authorized to be issued and thc Authority hereby determines to issue thc Bonds. it' so requested by tile Corporation and thc I lospital and subject in all respects to thc conditions set forth in the Preliminary Agreement. in an aggregate principal amount not to exceed 529.000.000 for thc principal pt, rposc of financing the costs of thc Project and refinancing the Existing Indebtedness as described in the Preliminary Agreement. The rate of interest payable on thc Bonds shall not exceed the maximum rate permitted by laxv. I SECTION 6. GENERAL AUTHORIZATION. Thc Chairman and thc Vice-Chairman arc hereby further authorized to proceed, upon execution ofthc Preliminary Agreement. with thc undertakings provided for therein on thc part of thc Authority and are furthcrauthorizcd to take such steps and actions as may bc required or necessary in order to cause ttre.,\uthority to issue thc Bonds subject in all respects to thc lcrms and conditions set forth in the Preliminary Agreement authorized hereby. SECTION 7. OFFICIAl., ACTION. This resolution is an official action of thc Authority toward the issuance of the Series 1999A Bonds, as contemplated in thc Preliminary Agreement, in accordance with thc purposes of thc laws of thc State of Florida and thc applicable United States Treasury Regulations. SECTION 8. LIMITEI) OBLIGATIONS. Thc Bonds and thcintcrcst thereon shall not constitute an indebtedness or pledge of thc general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall bc payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into by and among the Authority, thc Corporation and thc Hospital prior to or contemporaneously with the issuance of the 13onds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAl,. Thc approval given he:rein shall not be construed as an approval or endorsement of approval of any necessary rczoning applications nor for any other regulatory permits relating to the Project and thc Authority shall not be construed by reason of its adoption of this resolution to have waived any right otCCollicr County or cstopping Collier County from asserting any rights or responsibilities it rnav i]avc in that regard. SECTION 10. EFFECTIVE I)ATE. This Resolution shall take effect immediately. AI)OI'TEI) this 15th day of January, 1999. (SEAL) COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY AT'FEST: J.R. t tumphrcy, Chairman Secretary 16 4 EXttlBIT A TO RESOLUTION PRELIMINARY AGREEMENT FOR ISSUANCE OF PRIVATE ACTIVITY REVENUE BONI)S This Agreement between the ('oilier' County Industrial l)cvclopmcnt Authority. a public body corporate and politic (the "Authority"), Cornmunity I Icalth Care, Inc., a [:lorida not-for-profit corporation (thc "Corporation"), and Marco Island t tospital, Inc.. a Florida not- for-profit corporation. W i T N E S S E T !i: I. Preliminary Statement. Among thc matters of mutual understanding anti inducement which have resulted in thc cxccution of this Agrccmcnt arc thc following: (a) Thc Act provides that thc Authority may issuc revenue bond:, and loan thc procccds thcrcofto one or more pcrsons, fim~s or private corporations, or usc such proceeds, to defray thc cost of acquiring, by purchase or construction, certain qualifying hcalth care fi~cilitics. (b) Thc Corporation and thc I-Iospital arc considering ( I )tlnancing thc costs ofthc acquisition, construction and equipping ofhcalth care fi~cilitics lo be owned and operated by thc Itospiml and (2) refinancing certain outstanding indcbtcdncss of thc C(~rpor~tion previously incurred for thc purpose off financing thc cost offacquisition and construction of cc~2ain health care fi~cilitics, all of which facilities arc more fi~lly described in Hxhibit A attached hereto. (c) Thc Corporation and thc I tospital havc appl lcd to thc Authority to issue a series of its privatcactivity revenue bonds in thc initial aggregate principal amount of not tocxccccl S 17,000,000 (thc "Series 1999A Bonds") tbr Ibc principal ptlrposc O1'( I ) lSnancing a portion of certain costs ofacquisition, construction and equipping ofccrtain health care fi~cilitics (thc "Project") to be owned and operated by the ttospital, (2) refinancing a portion of certain outstanding indebtedness (thc "Existing Indebtedness") of the Corporation previously incurred for thc purpose of financing thc cost ofacquisition and construction ofccnain health care fimilities, and (3) paying costs associated with the issuance oftbc Series 1999A Bonds. Thc Corporation and thc l.lospital have applied to thc Authority to issue simt~ltancouslv with thc issuance ortho Series 1999A Bonds a series of its taxable private activity revenue bonds A-1 in the initial aggregate amount of'not to exceed S l 2,000,000 (the '~Scrics 1999B Bonds" and. together wilh thc Series 1999A Bonds, thc "Bonds") for Iht principal purpose financing a portion of certain costs ofacquisilion, construction and cqt~ipping of thc I'?jcct. (2) refinancing a portion of thc Existing Indebtedness, and (3)paying cosls associated with thc issuance ot'thc Series 1999B Bonds. (d) Thc Authority considers the issuance and sale ortho Bonds, for thc pt~rposcs hcrcinabovc set tkmh, consistent with thc objectives of thc Act. This Agreement constitutes official action ol'thc Authority loward thc issuance ofthe Series 1999A Bonds in accordance with lbo purt~oscs of thc Act and the applicable United States'l'rcasuFv l~cgulations. 2. Undcrlakingson thc Parl ol'thc :\t~thoritv. Subject tothetcrms hcrcol', thc Authority agrees as follows: (a) Subject Io thc Corporation and thc t lospital providing thc At, thoritv with sufficient evidence to enable the Authority to make the findings scl forth in Section 159.29 oF thc Act. lbo Authority will, subject to Section 4(g)hereof. authorize thc iss, uancc of tl~c Ilonds. in one or more series, in thc aggregate principal anlotlnl necessary tSm~ncc thc cost oF acquiring, constructing and cqt~ipping thc Prt!jcct and 1o refinance thc Existing Indebtedness as thc Amhority, thc Coq¢oration and thc t lospital shall writing (including costs oF issuance of such Bonds), btll ill all events, lllC pFincipal amount ofsuch Bonds shall not exceed thc lesser of(i) ti~c amount determined by thc Authority. thc Corporation and thc l tospital necessary to accomplish thc foregoing, or (ii) (b) Thc Authority will cooperate with thc Corporation and thc I lospital and with thc underwriters, placement agents or purchasers of thc Bonds and thc Bond Counsel of thc .,~ulhoritv with respect to the issuance and sale oEthe Bonds and will take such Further action and authoriz, e thc execution of such documents as shall be mutually salisfi~ctory to thc Authority. thc Corporation and thc )lospital For t]lO authorization, issuance and sale ol'such 13onds and thc usc of thc proceeds thereof to finance thc cost oFconstructing, acquiring and equipping thc Project, to refinance thc Existing Indebtedness and to pay costs related to thc issuance oFthe Bonds. (c) Such actions and documents may permit the issuance From time to lime in filttmrc oFadditional bonds on terms which shall be set tb~qh therein, whclhcr pari passu wilh other series oFbonds or otherwise, tbr thc purposo oF(l) defraying thc cost ofcomplclion. enlargements, improvcmcnls and expansions of Iht Project, or any segment thcrcol~ or(2) rchmding all or a pomion of thc Bonds. A-2 1614 "" (d) Thc Ioar~ agrcemcnls. Irust indentures, and other Iqnancing (]oct~menls (collectively, thc "Financing Agreements") among the Authority, thc Corporation and tho I tospital shall, under terms agreed upon by thc parties, provide for payments to bc made by thc Co~oration and the ttospital in such sums as shall be necessary ~o pay thc amounts required under thc Act, including thc principal of and interest and redemption premium. any. on thc Bonds. as and when thc same shall become duc and p',~yablc. (e) In at,lhorixing any issuance of thc Bonds l'mrstmnl to this Agrccmcm. thc Authority will make no warranty, either expressed or implied, that thc proceeds oFthc Bonds will Bt: sufficient to pay all costs ofacquiring, conslructir~g and expanding the Project or that those Facilities encompassed by thc Project will be suitable for thc purposes or needs of thc Corporation. (t) Thc Bonds shall spccificall.v provide that they arc payable solely fi'om thc revenues derived t?om thc Financing .-[grccmcnts among thc Authority. thc C'orporation and thc t lospital or other agreements at)proved by thc Authority. Thc Bonds ami thc interest thereon shall not constitute an indebtedness or pledge of thc general credit o fCollicr ('tmnlx'. the State of' Florida or any political subdivision or agcncy thcrcof, and such filet shall be plainly stated on the Face of each of the Bonds. (g) Issuanceofthc Scrics 1999:\ Bonds by the Autl~oritv shall bc contingent upon (i) satisfaction ofall oflhe provisions hcrcofand all provisions ofthc Internal Revenue ('ode of 1986. as amended (thc "Code" ). and thc regulations promulgated thcrcumtcr, including thc ability of and desirability by lbo Authority to issue obligations ~(, fimmcc thc costs of thc Pr%jeer and to rcfinnncc thc Existing Indebtedness and (ii) thc approval by thc Board of County Commissioners ofCollicr County in accordance with thc provisions ofScction 147( off thc Co(lc. 3. UndcrtakingsonthcF'artofthc('orporationandthct-lospital. SuJ~jcct to thc terms hereof, thc Corporation and thc l-lospital agree as follows: (a) Thc Corporation and the l-lospital will usc reasonable efforts to insure tl~at thc Bonds in thc aggregate principal amount as stated above arc sold: provided, however, that the terms of such Bonds and of the sale and delivery thereof shall be mutually satisfactory to thc Authority. the Co~oration and the Hospital. (b) Priorto thc issuance o£thc Bonds in thc principal amount stated above in one or morc series fi'om time to time as thc Authority, the Corporation and Iht t tospital shall agree in writing, thc Corporation and thc Hospital will enter into thc Financing Agreements with thc Authority, thc terms of which shall be mutually agreeable to thc Autimrity. tl~c A-3 161z Corporation and thc l{ospital, providing for tile loan or usc of thc proceeds of thc Igonds ltl finance a portion ortho costs ortho Project and to refinance thc Existing Indebtedness. Such Financing Agreements will provide that thc Corporation and thc I It~spital will bc obligated to pay the Authority (or thc trustee l~r holders of thc Bonds on bchalf of ibc Authority. as thc case may be) sums suflicicnt in thc aggregate to enable thc Authority to pay ti~c principal of and interest and redemption premium, iff any, on thc Bonds, as and when thc same shall become duc and payable, and all other expenses related to thc issuance and ddivcrv of thc Bonds. (c) Thc Corporation and tile I lospital shall, in addition to paying thc amounts ti)nh in thc Financing Agreements, pay all applicable costs el'operation, maintenance, taxes. governmental and other charges which may be assessed or levied against or with respect thc Pr%jeer or thc property financed by the Existing Indebtedness and refinanced with portion of thc proceeds of the Bonds. (d) To tim extent not otherwise paid t¥om Bond proceeds, thc ('orp,)~'ation and thc I lospital hereby agree to pay(i) thc Authority Bond Issuance Fcc. (ii)all ol'lhctmt-olLt)ockct expenses ofol'ficials and representatives of thc Authority incurred in connection x~i~h thc issuance ortho Bonds and (iii) all fees and expenses of Donald A. Pickworlh, P.A.. ('ounscl to thc Authority, and of Brown & ~Vood, LLP, Bond Counsel. (c) Thc Corporation and the Hospital will hold thc Authority and Collier County frcc and harmless from any loss or damage and from any taxes or other charges levied tlr assessed by reason of any mortgaging or oti~cr disposition of tile Project or ti~c property financed by tile Existing Indebtedness and refinanced with a portion of thc proceeds of thc Bonds. (f) Thc Corporation and the I tospital agree to indemnify' and dc fend tim Authority and Collier County and hold thc Authority and Collier County and any officer or employee thereof harmless against any and all claims, losses, liabilities or damages to property or any injury or death of any person or persons occurring in connection witt] thc Project or thc properly financcd by thc Existing Indebtedness anti refinanced with a portion el'thc proceeds of thc Bonds or linc issuance o fthc Bonds and ti~e Corporation's or thc I I ospital's unctcrtaking thcrcoh or in any way growing out of or resulting from this Agreement including, wifl~out limitation, all costs and expenses of thc Authority and reasonable attorneys' fccs incurred in thc enforcement of any agreement of thc Co¢oration contained herein, but excluding any claims, losses, liabilities or damages resulting from the Authority's or Collier County's gross negligence or willful misconduct. In thc event that thc Bonds arc not issued and delivered. this indemnity shall survive thc termination of this Agreement. A-4 (g) The Corporation and the Hospital will take such further action as may be required to implement its aforesaid undertakings and as it may deem appropriate in pursuance lhcrco[: 4. Gencral Provisions. All commitmentsofthe Authority under Section 2 hereof and of the Corporation and the Hospital under Section 3 hereof arc subject to tile conditions that all of thc following events shall have occurred not later than January I. 2()0(). or such other date as shall be mutually satisfactory to the Authority. thc Corporation and thc Hospital. (a) Thc Authority shall bc lawfully entitled to issue thc Bonds as herein contemplated. (b) Thc Authority, thc Corporation and thc t tospital shall havc agreed ,.m mutually acceptable tcrms for thc Bonds and thc sale and delivery thcrcofand mutu~lly acceptable tem'~s and conditions of any trust instruments or instruments in rcspcct thereto and any Financing Agreements or other agreements incidental to thc financing or referred to in Sections 2 and 3 hereof. (c) Rulings satisfitctory to the Corporation. the Hospital and the Authority as to such mattcrs with respect to thc Scrics 1999A Bonds. thc Projcct, thc property financed by thc Existing Indebtedness, thc Financing Agreements and any other trust instrunlcnt or instruments, ifspccificd by thc Authority, the Corporation and thc I lospital, shall have bccn obtained from thc lntcmal Revenue Service and/or the United States Treasury Department and shall be in full force and effect at the time of issuance ofthe Series 1999A Bonds. (d) Such other rulings, approvals, consents, certificates ofcompliancc, opinions of counsel and other instruments and proceedings satisfactory to the Coq)oration, the Hospital and thc Authority as to such matters with respect to thc Bonds, tile Project. the property financed by thc Existing Indebtedness, the Financing Agrccmcnts and any other trust instrument or instruments, as shall be specified by the Corporation, tile Hospital or the Authority, shall have been obtained from such governmental, as well as non-governmental. agencies and entities as may have or assert competent jurisdiction over or interest in matters pertinent thereto and shall be in full force and effect at the time of issuance of thc Bonds. (c) Compliance with all applicable provisions ofChaptcrs 159, 189, 215 and 218. Florida Statutes, and the Authority's guidelines and proccdurcs relating to thc issuance el'thc Ben(Is, thc interest rates thereon, thc type of purchasers of thc Bonds and thc terms on which thc Bonds may otherwise be issued. A-5 I I ~'11III IIIIIIIIIIII III II ]614 (f) Notwithstanding any other terms hereof, nothing contained herein shall bc construed to create a binding commitment by the Authority to issue thc 13onds until such tin]c, i fever, as the Authority shall grant its final approval for thc issuance of thc Bonds and Ibc final terms and provisions of' the Financing Agreements. By execution hereof, thc Corporation and file }tospital agrcc that tile Authority may withhold its final approval o [ thc issuance of thc Bonds in its sole discretion and shall not incur any liability whatsoever as a result of it not granting any such approval notwithstanding any other provision hereof. (i) Receipt by thc Corporation and thc Hospital of all licenses and necessary approvals fi'om thc Florida Department of Insurance and any other applicable governmental authorities. If tile events sci forth in this Section 4 do not take place within thc time set lbrth or any extension thereof, thc Corporation and ll~c l tospilal agree tha~ lhcv will ,cimbursc thc Authority lbr all thc reasonable and necessary direct or indirect expenses which thc Authority may incur at thc Corporation's or thc I lospital's request arising fi'om thc execution of this Agreement and thc performance by thc Authority of its obligations hcrcundcr, including reasonable Icgal fccs and expenses for Counsel to the Authority and Bond Counsel. 5. Bindin¢ Effect. All covenants and agrccmcnts hcrcin contained by or on bchalf of thc Authority, thc Corporation and tile Hospital shall bind and inure to tile benefit ol'thc respective successors and assigns ortho Authority, tile Corporation and tile l Iospital whether so expressed or not. IN WITNESS WHEREOF, the parties hereto have entered into this/\grccmcnt bv Ih¢ir officers thereunder duly authorized as ofthe 15th da), of January, 1999. COLLIER COUNTY INDUSTRIAl. I)EVEI.,Oi'MENT AU'I'IIOI/IT'Y (Sf£:\L) A'I'TI-~ST: /si Chairman Secretary COMMUNITY tiEAI71'll CAR. E, IN(-.'. A-6 (SEAl.) ATTEST: /s/ Prcsidcnt /si Secretary (SEAL) AT'FEST: /s/ Secretary MARCO ISLAND ttOSPIT,.\I.. IN('. /s/ President A-7 1614 EXtllBIT A TO PRELI.MINARY AGREE~IENT I)ESCI?,Iirl'iON OF EXISTING INDEBTEI)NESS ANI) I~RO.JECT Thc l'.'xisting Indebtedness consists oftv,'o loan agreements w/th First Un/on National Bank relating to (a) the acquisition, construction, installation and equipping ora two-story. approximately 39,000 square foot building which houses a medical clinic opcrated by Collier l tealth Sen'ices. Inc., a laborato~T, various administrative offices and various social service agency offices and (b) the acquisition ora two-sto~7, approximately 162.000 square lbot building, a portion ofwhich is used as a medical plaza which houses a wcllncs< center, space For outpatient rehabilitation services, laboratory fi~cilitics, physician offices and clinical space. Thc Prqjcct will consist of thc construction and equipping of a lwo-stOFv. approximately 24.000 square IBot building, a pon/on of which w/Il by used as a hcahh ca~c fi~cility which will include a cardiac wellness center and space For outpalicnt rchabililation scm'ices. NapLes Daily Neus Naples, FL 34102 Affidavit of Publication -- Naples Del Ly News Not ce of Public Hearing ................................................................. -' ........... Notice Is hereby given that the Collier County tndustrl- al Development Authority {the "Authority") will Con- duct o special heorlng on January 15, 1999 of 9:00 a.m. In the Economic Development Council of Collier ty Conference Room, 3050 North Horseshoe Drive, Suite 120, NOD es, Florida, 34104 for the purpose of P IClCdORTH, 0ONALD P.A. calving public comments and hearing discussion Con- earning the PrOpoSed issuance of the Authorlt 5150 TAMIRM! TRL N #602 Health Core Focll fas Revenue Bonds, (Commu~¥t¥ NAPLES FL 34103 Health Care, lac. Obligated Group), Series 1999A In on amount not to exceed $20,000,000 (the "Bonds") for purpose of making o loon to Community Health Care, Inc., o Florida corporation not for profit ("Community Health Core"), andMorco ISland Hospital, Inc., a Flori. da corporation not for profit ("Marco Island Hospital"), for the purpose of providing funds, together with other available funds, to (o) retire certain Interim Indebted. REFERENCE: 010784 ness Incurred In connection with fha refinancing of o commercial bank loon the proceeds of which were 5780196/. Notice of Public Hea . used to construct and equip o two-story, approx. lately 39,000 square foot bulldtr w I 'm I ,g hch houses o State of Florida [ Inced_co.[._cl?.lC operated by Codl,..r .Heotth Services t .... u r~orloa corporation not for profit, o IOborato~ v' County of Collier I various odmn strollve officer, and various B~efore the undersigned authority, personally /service agency offices(the '. ~,nOkolee Health Por'~. J'PreJect'JJa,(b)~Tetlre .certain ht,~arlm~lr~le~fed .rtess _ r~. opp.ared John E. TayLor~ who on oath says that he ! turfed In conluncflon wl~-~e acquisition rff'~?wo serves as Assistant Controller of the Naples Daily ~.r.?..,,~ppro, xln?~felv. 162,000 square I'oot building j [~vH~un Oi wtllch 15 used os a medical pla:a w~Jch Ne~s, a daity newspaper published at Naples, in j nouses o we Iness cesta' space for outpatient fehobJl. Collier County, Florida: that the attached copy Italian services Ioboroto~-v facilities, Physician oHIces Of advertising was published in said newspaper on em"), (c) finance the construction and equ pp n~ of a 'and clinical sP~ce (the "Grand Central Station Pro[. dates Listed. two.story opprox lately 24,000 square foot braiding, Affiant further says that the said Naples Oat ly o portion ~f which will be used os o health care focll/ty which will Include a cardiac wellness center and News ~s a neuspaper published at Naples, tn said s~oce for ot.dpotlent rehob lotion services (the "Mar. Collier County, FLorida, and that the said co Island Project"] and id) pay certain expenses in- curred In connection with the Issuance of fha Bonds, newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has been entered as second class mail matter at the post office in NapLes~ in said CoLLier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that nhe has neither paid nor proeised any person, fire or reparation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said neuspaper. PUBLISHED ON: 12/30 AD SPACE: !88.~ INCH FILED ON: 12/~0j9~ n . ..... ' .......... ~:7 .............. ~-r'''= .......................... S.orn to and Subscrib~ befg~e~m, this ~ day of L~LC 1~_~" ,~['~,, ]oyce E. Blozier ". '~i.,\ ~,y COMMISSION # CC702521 EXPIRES :.., .~ ~ril 10, 2002 '~ ~ BONDED IHRU I~OY F~N IN~C[, ~ Including certain fees and expenses incurred In con- aeolian with credit enhancement for the Bands. The Immokolee Health Core Project Is located of 454 Madison Avenue, mmokalee, Florida and is owned by Commun fy Health Core. The Grand Central Station Project Is located at 308 Ooodleffe Rood Sol/th, Naples, Florida ond is owned and operated by Community Health Core. iThe Marco Island Pro eof Is located at 40 laeafhwood Drive South, Marco Island Florida and Is owned and oP.erafed by Marco Island Iq'ospifo. All Irrferesfed persons ore Invlted to submit written Comments or offend the hearing, either persor~Uy or through their reoresentoflve/ and will be plven on op- portunity fo express their views Concerning the ~'oJ- acts or the financing. Anyone destrlng to make written comments In advance of the hearing may send such COmments to: Collier County Industrial Development Authority C/O Economic Development Council 30.50 North Horseshoe Ch- va, Suite 120 Naples, Florida 34104 Yrltten comments received In advance of the hear. ag, and oral comments.mode at the hearing, ore for he consideration of the Authority and will not bind the ~,uthorltv. Copies of the oppllc~lons for financing ore ,valloble for inspection and coayIng of the office of ne Authority set forth above... SHOULD ANY-PERSON DECIDE TO APPEAL ANY DECISION MADE BY THE AUTHORITY WITH RE. SPELT TO ANY MATTER CONSIDERED AT SUCH HEARING, SUCH PERSON ',"/ILL NEED A RECORD OF THE PROCEEDINGS AND, FOR THAT' PURPOSE SUCH PERSON MAY NEED TO ENSURE TH~.T ~ VERBATIM RECORD OF THE PROCEEDINGS IS 'MADE, WHICH RECORD INCLUDES THE TESTI~'~O. NY AND EVIDENCE UPON WHICH THE APPEAL 15 TO BE BASED. In accordance with fha Americans wlth Disabilities ACt, Persons needing o special accommodation to par. tlclpote In this hearing should contact Donald A. Pick. worth, ~eneral C. ounsel, of (941] 263-8060 no oter than seven {7] days prior to the hearing. This notice Is given pursuant to Section t4?(f] of the In. ternol Revenue Code. as amended. Collier County Industr o Development Authority /S/Donald A. P ckworth Assistant Secretary and General Counsel December 30 No. 1331231 EXHIBIT B (INDUCEMENT RESOLUTION-COMMUNITY HEALTH CARE, INC./MARCO ISLAND HOSPITAL) 16/ , RESOI.UTION NO. 99- 7'7 A RESOI,UTION OF THE BOARD OF COUNTY CO31511SSIONERS OF COI,I,IER COUNTY, FI,ORIDA APPROVING TIlE ISSUANCI-: ..\NI) SAI,E OF REVENUE BONDS BY TIlE COI~I,IER COUNTY INI)USTRIAI, DEVEI,OP~IENT AUTIIORITY, AS REQt;II,IEI) SECTION 147(f) OFTiiE INTERNAl, REVENUE COl)E, AS ASIENI)EI); PROVIDING FOR OTilER REI,ATED MATTERS. Whereas. the Collier County Industrial Development Authority (thc "AtHhoritv") is a body coq~oralc and politic el'Collier County. Florida ("Collier Count(,") created bv C~)llicr County Resolution No. 79-34 duly adopted'by tim Board oFCountv £:ommissionc~$ on February 27. 1979 pursuarH to Part 111 of Chaptcr 159. Florida Statutes, as a[ncndcd, with Ih,: power to issue revenue bonds f.or thc purl,oscs of linancing a "project" :ts dclincd in Iklrl 11 of Chapter 159. Ir:lorida Statutes. as amended; and \\'hcreas. Community School of Naples. Inc.. a Florida not f-or profit corporal/on, with certain fi~cilitics located within thc bounclarics of Collier Cotllllv. Florida. ~thc has rcqucslcd thc AulJlorilv to isstlc its revenue bonds (thc "[~onds") I~)r' Iht bcncl]l ()/'thc Coq*oration ;md lo loan all or a porlion of thc proceeds thereof lo thc ('orporalion other things. (i) pay or reimburse thc Corporation For thc payment o12 or to rclimmcc ccrt;~in prior debt thc proceeds of which were tlscd lo pay. costs oFacquirhlg, constructing. rehabilitating and equipping certain educational Facilities located in Collier County, Florida (thc "Project"), and (ii) pay certain expenses incurred in connection with iht issuance ~¢thc Bonds, a n d Whereas, Section 147(0 of thc Internal Revcnuc Codc of' 1986. as amended (thc "Code"). provides that the elected legislative body of.thc governmental unit which hasjtmsdiction over thc area in which thc fi~cility financed with thc proceeds oFtax exempt bomls is located is to approve thc issuance of such bonds after a public hearing; and \Vhcrcas, lhc Board of COLllrly Commissioners oFCollicr Cotlllty. l:lorida (tim "13oard") is thc elected legislative body of-lbo County; and \Vhcrcas. thc :\uther!fy catlsed notice of'a [ml')lic hearing to consider appro;'al of. thc t:londs and thc location and nature of'thc Project lo be financed with thc proceeds of.tl~c Bonds bc published on or before December 30. 1998 in the Naples Daily News. a newspaper of.general circulation in the County, and a copy of said notice is attached as Exhibi! A (thc "No!icc"); and \Vhcrcas, thc Authority held a public hearing on .lanuary 15, 1999, pursuant to thc No!icc and adopted a resolution ( !he "Resolution") authorizing the issuance oFlh¢ Bonds, a cop.,,' of. which is attached as Exhibit t3, and has recommended to the Board that it approve thc issuance of'thc Ilomls in accordance with Section 147(0 of'the Code; and \\"hcrcas. l'or thc reasons sc! £orth above, it appears to the Board that the approval of thc issuance and sale et'such Bonds as rCqLlircd by Section 147(F) of'!lie Code is ill thc best in!crests et'Collier County, NOW. 'FI'IIfP, EFOI~.E, tlc It Resolved bv the Bonrd of Cotn'lly Commissioners of('ollicr CotHll?. Florida. that: Section 1. :ll~l~ros'ttl ofl. s'sua~tce o. ftl~e Bo~ul.v. This Board hereby approves thc issuance of thc llonds by thc Authority for thc pu~oscs described in thc Notice pursuant to Section 147(~ of thc Code. Thc Bonds shall be issued in such aggregate principal amount, bear interest at such rates, mature in such amounts and be sutzicct to such oplionaJ n~d manclatorv redemptions as arc approved by thc Authority withoul the further approx'al of this t3oard. Thc P, onds shall not constitute a debt. liability or obligation ol'('ollicr Co,;ntv. i~s t~oard of County Con,missioners, officers, agents or employees, or the Stale of Floridn or n~y political subdivision thercol~ but shall be payable solely from thc revenues provided Ihcrcll)r. and neither thc I~ith and credit nor any taxing power of Collier County or thc Slate of I:[orida or any polilical subdivision thereof is pledged to thc payment of the principal of, prcmiun~, if any. and imcrcst on thc llonds. No member of the l~oard ol'Cotl~llv Commissioners of Collier County or any ol't~ccr or employee thcrcoFshall be liable personally on the Bonds by reason oFthcir iss[~ancc. ' This al~proval shall in no way' be deemed to abrogate anv regulations el'Collier Cotmtv applical)Ic to thc project and lbo project shall be subject to all such regulations, includinu, but'not limited lo. thc Collier Cott~tv Growth Nlanagcmcnt Plan. all concurrency requirements ~O~llai~lcd therein, and thc Collier County Land Development Code. Section 2. ,¥c'~'ertthilit~'. Ifanv section, paragraph, clause or provision o1' this Resolution shall be held to be invalid or inel'lbctive for any reason, thc remainder o1' this f/csolt~lion shall continue in fidl force and effect, it being expressly hereby Ibund and declared that thc remainder et'this Resolution would have been adopted despite thc invalidity or incl'l~ctivcncss el'such section, paragraph, clause or provision. Section 3. l';ffectit'e Dttte. This l>,csoh,tion shall take effect immediately upon/ts adoption, and any provisions ofany previous resoh,tions in conflict with Iht provisions hereof arc hereby superseded. P.,\SSI!D m~d ,\doptcd thi.s~ ~ day of January, 1999. [l,?,cmaindcr of this page intentionally Icti blank, signatures on next page] ATTEST: Dwight E. Brock, Clerk Deputy Clerk [SEAL] Approved as Io form and legal sufficiency; David C. We~gel, COLLIER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS ,:I~,(m~la ~;. Mac Kie Chairwo?4~n Naples Daily News Naples, FL 34102 Affidavit of Publication NapLes Daily News PICK~ORTH, DONALD P.A. 5150 TAMIAHI TRL N #602 NAPLES FL 34103 REFERENCE: 010784 57801939 NOTICE OF MEETING AN State of FLorida Co~nty of Collier Before the undersigned authority, personally appeared John E. Taylor, who on oath says that he serves as Assistant Controller of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 12/30 AD SPACE: 186.000 INCH FILED ON: 12/30/98 Signature of Affiant NOTICE OF MEETING AND PUBLIC HEARING The Collier County Induslrlol Development Authority (the 'Authority") will hold o special meeting Grid pub. Ifc heortng on Jo6uory 15, 1999 at 9:00 A.M. at the EcG. nomlc Development Council of Collie, Count'¢ Conference Room, 3050 North Horseshoe Drive, Sutfe 120 Naples Florida 34104 to consider adoption of a resolution prov dlng for the preUmlnar¥ approval of the Issuonce by the Authority of not exceeding $9,000,000 of ifs Industrial Development Revenue Bonds (Community School of l'Japles, Inc. Project) Se- ries 1999 (the "Series 1999 I?onds"). The Series '1999 Bonds will be Issued for the r)rJncipal purpose of loon. lng 111e proceeds thereof ;o Community School of Naples, Inc., a Florida co.'~,oratlon not for profit the "Borrower"). The Borrov, er will use the proceeds at the Bonds fo finance and refinance o portion of the cost of acquisition, construction and equipping of cer- tain educoNonal facilities described below and to re. flnonce certain outstanding Indebtedness of the Borrower: I. PROJECT DESCRIPTION: Acquisition construction, Installotlon and equi }ping of odd t anal bu Idings to the Borrower's present ..... CClmi~r~,~Uch-bulldln~e'fo'JnClOele buf~tbe limited to 2 lower school buildings, '2 hlgh school buJldh;us Gild a vOlLlnleer/adminlsfl'afion center; the (]C(JLIJ~Ji- tion of acldlflonol properly contiguous to the Bat- tower's existing schools for future expansion; and the reconstruction and reworking of parking and athletic fields on the propert,/. 2. PROJECT LOCATION: 3251 I~ne Ridge Rood Noples, Florido 34309 3. INITIAL OPERATOR AND OWNER: Community School ot Noples, Inc., (a Florida cor- porotlon not for profit corporoflonJ. The series 1999 Bonds shall be payable solely from the revenues derived by the Authority from o loon Grid oth- er flnonclng documents between the Authority Grid the Borrower prior to or contemporaneously with tile Isstl- once of the Series 1999 Bonds. Such Series 1999 Bonds and the Interest thereon shall not constitute on Indebt- edness or pledge of the general credit or taxing power of Collier County, the State af Florida or any political subdivision or agency thereof. Issuance of the Series 1999 Bonds shall be subject to several conditions in- cluding satisfactory documentation, the approval by bond counsel os fo the tax-exempt stolus of tile Jnlerest on lhe Series 1999 Bonds and receipt of necessary op- 3royals for the financing. The aforementioned meeting sholl be o public meeting ond oil persons who may be Interested will be given an opportunity to be heard COn- cerning the some. Al/interested persons ore Invited to submit written comments or offend the hearing, either personally o~ through their representatlve~ Grid will be .given on oP.- portunlty lo express their views concernmg the prop acts or the financing. Anyone desiring to make written comments In advance of the hearing mov send sucll comments fo: Collier County Industrial Development Authority c/o Economic Development Council 3050 North Horseshoe Drive Suite 120 Naples Florida 34104 Written comments rece veal In advance of the hearing, and orol comments made at the hearing are for the consideration of the Authority ond w II not bind the Au- thorllv. Copies nf the oppllcatlons for financing ore available Jar {nspecllon Clnd COpying ut the otllce Gl thc. Authority set forth obove. SHOULD ANY PERSON DE~IDE TO APPEAL ANY DECISION ,'V~ADE BY THE AUTHORITY WITH RE. SPECT TO ANY MATTER CONSIDERED AT SUCI~ HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR THAT PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT VERBATIM RECORD OF: THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL. IS TO ESE BASED.' In accordance with fha Americans with Disabilities Act persons needing o speclal occommodofion fo porflc - pate In this heorlng should contact Donald A. Pick. worth, General Counsel, of (941) 263-8060 no later than seven (7} days prior rathe hearing. This notice Is alven pursuant to Section 147(f) of the In. ternm Revenue Code as amended. Collier County Industrial Development Authority /s/Donald A. Pickworth Asslstont Secretary and Generol Counsel December 30 No. 1331283 EXHIBIT A TO COUNTY RESOLUTION (COMMUNITY SCHOOL) RESOLUTION 99- :\N INI)I !('I:.MI-iNT RI'Lq()I.I I'I'I()N ()F TI I1". C()I.I .II!R L'{ )IJNTY I NI)I ;N'I'R1 ,,\1. I)EV I.ii .()PX IENT :\UTI t()RITY RI'X ~,,\ R I)I N( i TI Iii ()FFICI,,\I. ,,\C'I'I()N ()F TI II( :\1 ;T11()RI'I'Y \VITI I RI!.qI~liCT T() TllI'~ PR()I~()SI';I) 1.q,ql~:\N('I'~ I~,Y Till:..,\LITII()I4I'I'Y ()F I'RIVATI:. ,,\CTIVITY I~I~\;I,~N[;I'~ I~()NI).% IN ,,\N INITI,.\I ,,\(j(iRI-XJATI( I'RINCII',,\I. AMOUNT NOT T() I(XCI.iI!I'J $¢).001).00{) FOR Till'; PI~INCIIL'\L PURI~OSF. OF FINANCIN(i ANI) RF. FINANCING CERTAIN COSTS INCIJRRI'~I) IN('[ J RRI'~I) BY TI II:. COMMIJNI'I'Y SCI IOO1. OF NAI~I.I:.S (TI t1:. "('()RI~()RATI()N'') IN CONNI".CTI()N WITII Till{ A('()IiI.'ilTI()N. ('()N%TI~I'("I'I()N AND IiXI'.,\N,qI()N ()F ('I(R'I'.,\IN I(1)t/CA'I'I()N..\I, ..\N[).,\Nt'll.l.,.\R'f I:,,\(.'ll.l'l'll.i.q: ..\t :'1'11()RIZIN(i TI 11( I'~.XI-~('I :TI()N ,.\NI) .x, II.~Mt)RANI)[i~I ()F ..\(iRF. I.i,x, II-iNT BY ANI) ,,\I.WII()RITY ANI)Till! CORPORATION: ANI) F()R RF.I.ATI-.'I) ~IAT'I'I!RS. ~VIII';I,IE..\,";, Thc ('ommunitv .%chool of Naples. a Florida not-lbr-profit corporation (thc "('orporation"}. has applied to thc ('oilier County Industrial l)cvclopmcnt Authority (thc "Authority" ). lo issue its prix'ale activity rcx'cnuc bonds in thc initial aggregate principal amount of not h~ ex'ccd S().O()O.()()O ill OllC or more series (thc "l~onds") liar thc principal 13tu'posc oF(l) linancin~ or rclinancing certain cosls of acquisition, construction and cquippin~ ¢)1' certain educational Ihcilitics (thc "l~r(Ljcct'') to be oxxncd and operated by thc Corporation. (2) refinance certain outstanding indebtedness of thc Corporation previously incurred tbr file purpose of financin~ the cost of acquisition and consm~ction of certain cducalional lhcilitics, and (3) paying costs associated wifl~ thc issuance of thc Bonds. ~3,'! ! i'; Ri'lAS, tl~c £'orporation has requested that thc Authority loan thc proceeds of thc II¢mds h~ Ibc ('orporalion purstlalll to Chapter 159. Parts Il and Ill. Florida ~tatulcs. or such other provision ~,r provisions of Fh,rida law as thc Authority may determine advisable (thc "AcF') in ~rdcr h~ WI IEREAS, Iht bond resolution granting thc final authority li,r thc issuance o1' thc Bonds has not ,.'ct h¢cn adoplcd by thc Authority: and WI ! Ei~IF.A.'q, thc issuance of the Bonds under linc Act in one or more issues or Series in such anlout~ts of tax-exempt and/or taxable bonds not exceeding an aggregate principal amount of $9.()00.01)0 alld thc loaning of thc proceeds thereof to thc Corporation to finance a~ld rcl]llal~cc a portion o1' thc costs of the Project under a 10[111 agreement or loan agreements or other financing aurccmcnts, and pursLmnt to the terms thereof which will provide that payments thereunder be at l~ast sufficient to pay thc principal of and interest and rcdcmption premium, if any. on such Bonds and such other costs in connection therewith as may bc incurred by l}~c Authority. will assist thc Corporation and promote thc public purposes provided in thc Act: and EXHIBIT B TO COUNTY RESOLUTION (COMMUNITY SCHOOL) [ Illll[] [ [ ~- [llll [ [[1[[ Il]IH[ I [[ WIIEI~.E,,\S, II~e Corporation has submillcd thc Nlcmorandum of A~rccmcnt (Ibc "klcmorandum of A~rccmcnt") relating to iht issuance of thc Bonds. attached hereto as l~xhibit A: Wll El,lEAS';, in order to satislV certain of the requirements of Section 147(t'} of thc Internal Rcx'cnuc ('ode oI' 19R6. as amended l iht "('ode"). ll~c/Xuthorilv did on thc date hcro.)','hold a public hearing on thc proposed issuance of tl~c Bonds tbr thc purposes herein sm~cd, which date is more than 14 days lblloxving Ibc first publication o1' notice of such public hearing in a newspaper of general circulation in ('oilier County and which public hearing was conducted in a manner that prox'idcs a rcasonaNc opportunity tbr persons with differing views to bc heard, bofl~ orally and in writing, on tl~c issuance of such Bonds and thc location and nature of thc l'rojcct, as more particularly described in thc notice of public hearing attached hereto as l(xhibit B: and WIIEi,IEAS, it is intended that this Resolution shall constitute ol'lqcial action toward thc issuance ol'thc Bonds within thc meaning of thc applicable United Ntatcs 'l'rcasurv I~cgtxlations in addition to any other action that may have hcrctotbrc bccn taken bx' thc ('orporation' NOW, 'I'1 i C()lrNTV INl)trSTl,liAl. I)EVI'~I.OPM EN'F AUT! IOI,IITY, T! I/\T: SECTION 1. AUTII()I,HTY FOR 'Fills RESOI~tYl'ION. This resolution. hereinafter called "Rcsolt~tioi~" is adopted pursuant to the provisions of thc Act and off,er applicable provisions of law. SECTI()N 2. i)REI.IMINAli'V STATEMENT. 'l'his Resolution is entered into 1() permit linc (~orporafion to procccd with Ibc financing and rctinancing ol'a portion of thc costs of thc Project and to provide an expression of intention by thc Authority. prior to thc issuance of thc Bonds. to issue and sell thc Bonds and make thc proceeds thcrcofavailablc to finance and refinance a portion of thc costs of thc Pr(~icct. all in accordance with and subject to linc provisions of thc Act. thc Constitution and other laws ol'lhc State of Florida. including thc Internal Revenue Code ifil 986. as amended and this Resolution. but su~cct in all respects to Iht terms of thc Memorandum of Agreement hcrcinal~cr rcl~rrcd SECTI()N3. AI'I'I~()V:\I.()F'I'tlE FINANCIN(; AND REFINANCIN(;. thc Iinancing and rclinancing of a portion of thc costs of the Project by thc Authority through thc issuance of thc I~onds. pursuant to thc Act. will promote the economic development, prosperity. health and wclRlrc of thc citizens of Collier County. will promote the general economic structure of Collier County. and will thereby serve thc public purposes of the Act and is hereby preliminarily approved, sut2ject, however, in all respects to the Corporation meeting the conditions set tbrth in thc Xlcmorandum of Agreement to thc sole satisR~ction of thc Authority. SI';CTI()N4. EXE(TUTI()N ANI) I)ELIVERY ()F MEM()RANI)I!M ()F A(; I~.EEM ENT. Thc ('hairman or thc \;icc-('hai rill;All iS hereby authori×ed and directed to execute. I Il IIII III I I I II I IIII I I I ~ II I mill l'or and on bchalt'ol'thc Authority. thc Memorandum ot'Agrccn~cnl attached hcrctt) as I~xhibit ",,X" hctxvccn thc Authority. thc Corporation providing understandings relative lo thc proposed ~U'thc lionds by thc :Xutlmrilv lo Iinancc a portion ofthc costs oFlhc l'n~icct in an aggregate principal an~ount not to cxcccd thc lesser oF(al 59.000.()(](] or (b) thc amount determined by thc Autht~rilx'. Corporation to bc necessary to accomplish thc Ibrcgoing. SECTI()N 5. AI. ITllOI{IZATI()N OFTtlE iIONI)S. There is hereby authori/.cd to bc issued and thc .'\uthoritv hereby determines to issue thc Bonds. il' so rcqucslcd by thc C(~rporation and subject in all respects to thc conditions sci I~,rlh in thc Memorandum ol'.,X?'ccnlcllt attached hcrctt~, in tmc t,r more issues or Series ot'such revenue bunds in an aggregate principal amount not to cxcccd S9.000.000 Ibr thc principal purpose of t~ nancing a portion ol' thc costs t~l' thc Pn[icct as described in thc Memorandum of'Agreement. Thc rate of interest payable on Ibc Ihmds shall not cxcccd thc maximum rate permitted by law. SECTION 6. GENERAl, AUTIIOI,~iZATION. Thc Chairman and thc Vice-Chairman arc hereby l~nhcr authorized to proceed, upon execution of thc McmorandLm~ of Agreement. with thc undcm~kings provided tbr therein on the part (H'thc Authority and arc t'urthcr atHht~riT, cd lo take StlCJl steps and acliollS i15 lllav bo required or llCCcssrlrv in order m cause ibc :~utlmrilv to issue thc l~onds subject in all respects h> thc terms and c~mditions sot Ii)nh in thc Nlcmorandum of Agreement authoriTcd hereby. SECTION 7. OFFICIAl, ACTION. This resolution is an Official Action of thc .,\uthoritv toward thc issuance ot'thc Bonds. as contemplated in the Memorandum of Agreement. in accordance with thc purposes of the laws of thc state of Florida and thc applicable l Jailed ~latcs l'rcasurv Regulations. SE('TION 8. I,IMITEI) OIII.,I(;A'FIONS. Thc Bonds and thc interest ii,croon shall not constitute an indebtedness or pledge ot'lhe general credit or taxing power ol'Collicr County. thc state of Florida or any political subdivision or agency thereof but shall bc payable solely Ihe revellLleS pledged lhcrcl'or pLlrStl;.lllt [0 a hx. ln agreement or olhcr l]nancing agreem¢llt entered into by and bcJu,'een Iht Authority. the Corporalion prior to or contemporaneously with the issuance tile Bonds. Thc ~\uthoritv has no t;.lxJng power. SECTl()N 9. LIMITED AI~I~I>,OVAL. Thc approval given herein shall not bc construed as an approval (al'any necessary rczonin~ appJicalions nor fi~r any olher regulatory permits relating to thc Project and thc Authority shall not be construed by reason o1' its adoption of this rcsolutitm to have waived any right of Collier County or cstopping Collier County l?om asserting any rights or responsibilities it may hax'c in that regard. SECTION i O. EFFECTIVE DATE. This Resolution shall take cfl~:ct immediately. AI)OI)TEI) this 15th day ol'.lanuar).'. 1999. (SEAl,) COI.,I.,IER COUNTY INI)USTI,IIAI, I)EVI';L()I'MENT AUTilORITY, COLLIER COUNTY, FI,ORll)A ATTI-~S'I': Is~ Chairman .~ corel,ilia' 4 EXiilBIT A TO I/ESOI~UTION MEMOI/ANI)UM OF A(;REEMEN'F FOIl ISSUANCE OF i'I~,IVATE ACTIVITY I/EVENUE !!I()NI)S This Agreement between thc Collier Cotmtv Industrial l)cvclopmcnt Authority. a public body corporate and politic (thc "Authority"). and Thc Community School o1' Naples. a l:lt~ricla m~l-tbr'- profit c(~rporali()n (thc "('orp(~ratitm"). ~V ! T N E S S E T !!: I. I'rcliminarv .qtatcmcnl. Among thc matters ofmutual understanding and inctuccmcnt v, hich hax'c resulted in thc execution of this Agreement arc the following: (a) Whereas Chapter 159. Parts 1I and III. Florida Statutes. and t~thcr applicable prt~x'isitms ,f law (tl~c "Act"l provides that thc Authority may issue revenue bonds and Ioaa Ibc proceeds l]lcrcol' to one or lllOrc persons, l]rnls or private corporations, or usc StlCh proceeds, io del'ray the cost ol;acquiring, by purchase tlr construction, certain qualifying cctucatitmal Ihcilitics. (b) Thc Corporation is considering linancing or refinancing a portion of thc costs rd' acquisition, ctmstructim~ and equipping of educational thcilitics, which lhcilitics arc more fully described in I~xhibit A attached hereto (thc "l~rqicct"). Thc Authority intends this/\grccmcnt to constitute its preliminary approval, subject in all respects to thc terms hcrcolk to issue its bonds (thc "Bonds") in one or more Series ()r issues pursuant to thc Act ill all amount to bc agreed upon by the Authority and thc Corporation and lo thc proceeds thereof to the Corporation. or to use such proceeds, to finance and refinance a portion of l}lc costs of thc Prqicct and payment of all or a portion oF the cosls incurred in connection with thc issuance of the Bonds by thc Authority and thc Corporation. up Io an amount not to cxcccd (d) Thc Authority considers thc issuance and sale of thc I~,tmds. Ibr thc purpt~scs hcrcinabovc set ft~rth, consistent with thc objectives of the Act. This Aurccmcnt constitutes ll~c official preliminary action of thc Authority toward the issuance of thc Bond~ as herein contemplated in accordance with the purposes of both thc Act and the applicable United States Treasury Regulations. 2. I.Inctcrtakinus on thc Part of'thc Authority. Subject to thc terms hcrcol: thc/\tlthoritv agrees as fidlows: (a) Subject to the Corporation providing thc Authority wilh sut'licicnt evidence to enable thc Authority to make thc findings set forth in Section 159.29 of the Act. thc Authority will. subject A-I ...... IIII i IIII ...... Illlllll 1614 a~rc~a~c l~rincipal [1111~1t111i necessary und sul'licicnt t~ finance and rcllnancc a p~,rtion o1' thc ol'acquiring, c~mstructing and expanding thc I'rt~jcct as thc/Xuthorily and thc ('or'poratitm stroll agr'cc writing (including ct~sis ot'issuancc ol'such ltonds), hilt in all events, thc principal ~llllOtlllt of such I~onds shall not cxcccd thc lesser oF(i) thc amount determined by thc ~M~thority and thc ncccssai'y to acct~nlplish thc li~rcgoing, or (ii} (bi Thc ,.\uthoritv will cooperate 'with thc £'orporation and with thc undcrkxritcrs. i~laccmcnt agoras or purchasers o1' thc Ilonds and thc bolld COtlllscl o[' lbo ,.~uthoritv with respect to thc issuance and sale ol'thc Iltmds and will mkc such I'urihcr uction und authori/.c thc cxccuti~m of such documcnts as shall bc mtLtually satisl'actorx' to thc :Xulhoritx' and thc L'orl3o['atio[~ I~]' thc refinance a portion ~)1' thc cost of constructing, acquiring and expanding thc l'rt~jcct and pay costs related Io thc issuance of thc 13onds. .%uch atriums and dt,cunlcnts may pcrmi! thc is.suancc I'ronl time lt~ time in thc l'uturc ol'addititmal J~ollds Oll ICi'IllS which shall bc sci li,rth therein, xvhcthcr p:u'i p:lsstl with other 5cries bonds {,r ~)thcrxxisc. fi)r thc purl~oSc o1' defraying thc cosl o1' ct~mplctit)n, cl~lar~cmcnts. (d) Thc hl:n~ agrcclncntfs), trust indenture, mortgage(s) and olhcr financing documents (ctdlcctivclv. Iht "l"in:mcing/Xgrcclncnls"} bctxvccn thc/~ulhoritv and thc ('orporati~m shall, under terms agreed Lll~Oll hv thc parties, provide liar payments to bc llladc by thc ('{~rporatitm in such sums shall bc necessary lo prly thc amounts required under thc/~ct, including thc principal oJ' ~llld imcrcst and rcdcmplitm premium, it'anv, on thc Bonds. as :md when thc smuc shall become duc a~]d (c) In authorizing any isstlancc ol'thc l~()nds pursuant lo lhis ~\~rccmcnt. Ibc ,,\ulhoritv will inakc no %varranty. cithcr expressed or inlplicd, that thc proceeds ol'th¢ llonds will bc .sut'tScicnt to pay all c{lsts of acquiring, constructinL2 and cxpandinLz tile I)rojcct t)r fha! tho.,;c I'ucilitics cltcolnpasscd by thc Project will hc suitable I'{*r thc purposc.s or needs ol' thc ('orporalion. ti') Thc Iloncls shall specifically provide tim! they arc puyablc solely l¥om iht derived l~om thc Financing Agreements bct~vccn thc ,,kuthoritv and thc (;~rporution ugrccmcnts approved by thc ,,~uthoritv. except to thc extent payable out O['~llllOtllllS l~ond proceeds. Thc ltonds and thc interest thereon shall not ctmstilutc an thc general credit of ('oilier ('ounty. thc 5lille (}I' Florida or ally political subdivision Ihcrct~l~ and fitlch t~ct shall bc plainly stated on tile I~icc of thc I/onds. {g) Issuance of'thc l.~,,mcls by the z\uthority shall bc contingent upon satislttction of(i) ail o1' thc pr~visions hcrct~l' and (ii) all provisions o1' thc Internal ILcvcnuc ('t~dc o1'1986, as amcnclcd (thc "L't~dc" 1. and thc regulations promulgated lhcrcundcr, including thc ability of'and desirability by thc ,,Xuth~,rity lo issue obligations to finance a portion ol'thc costs oi'lhc I~rt!jcct and thc apl, rox'al A-2 1614 lhcrcol'l'Lv tl~c Ih~:m.I ol'('oLlllt. V ('ommissioncrs ol'Collicr (.'ountv in acc~,rd;mcc ~:'ith Ibc o1' ,"4co,ion 147(f) o1' Ibc 3. I indcrlakin~s on thc Part ,~l' thc ('orpor:llion. .'qul!jcct l~ Iht Ici'ins hcrc~t'. Corporation aLz'rccs :is fidlows: (a) 'l'hc ('orporation will usc reasonable cf'forts to insure dui! Lhc Ihmds in thc a~rc~'dlc principal amoun! as slated ahov¢ arc soh. l: provided, however, that thc term.,; of such Bonds ami of linc saic and delivery thereof'shall hc mutually satisl'aclory lo tl~c ,,\uthoritv and d'~c Corporation. Prior h) tile isstiancc ol'thc I",tmds itl thc principal amount slated abox'c in one or llltH'C Series or issues fi'mn time to time as thc ,,Xuthorily and thc ('orpormion shall a~rcc in writing. Corporation will enter into thc Financing A~rccmcnls with thc Authority. thc terms ol' which shall be mutually a~rccablc to thc Aud~orily and thc Corporation. providing Ibr tl~c loan or usc of thc proceeds of'thc [hinds to I]nancc :~ portion or'thc costs of'the I'rqjcct. Such Financing Agreements will provide that the Corporation will be obligated to pay the Authority (or Iht trustee Ibr holders (~1' thc Ilonds Oil behalf' of thc ,,M~thoritv. as thc case may be) sums sul'llcicnt in thc uggr'cgalc enable thc Atmlh,~ritv to pay thc principal ot'and interest and rcdcmplitm premium, il'any, on thc Bonds. as and xxhcn thc same shall become duc and payable, and all other expenses related to thc isstmncc and dclix'crv ol'lhc Bonds. (c) 'Ibc (.'orporation shall, in addition lo paying thc amounts sci Ibrlh in thc l:inancin~ charges which lllrtx' I~c assessed or levied against or with rcspcct to thc Prqjcct. id) 'I'o thc extent not otherwise paid frcm'l i)ond proceeds as part of thc costs of thc l'rojcct, thc ('orporalion hereby agrees to pay rill of thc ou! of pockc! expenses of ol'l]cials anct representatives ol'thc Authority illctlrrctl ill connection with thc isstl~lllcc ol'lJl¢ J~olldS and will pay all l'ccs and expenses o1' Iht ALllhoritv in accordance with its guidelines, of' I)omtld ..X. Pickworth. I!SLI.. ('ouns¢l Io thc ,,\tHhoritv. and o1' Nahors. (iiblin & Nickcrson. JLA.. I~om_l ('ounscl. Thc ('orporatiun ,,,.ill hold lite ,.\ufl~oritv and £'ollicr County IYcc and I~armlcss fi'om any Joss or damage and from any taxes or other charges levied {~r assessed by reason ol' any mortgaging or other disposition of thc I'rqject. (f) Thc Corporation agrees to indcrnnil3' and det'cnd thc Authority and (,ollicr Counlv and hold thc Authority and Collier ('ounty harmless against any and all claims, losses, liabilities or damages to property or any injury or death ol'any person or persons occurrin~ in connection with thc Project or thc issuance of thc Bonds and thc Corporation's undertaking thcrcol', or in any xvav growing out ol'or resulting t?om this Agreement including, without limitalion, all costs and expenses ol'thc Authority and reasonable attorneys' lgcs incurred in thc cnlbrccmcnt ol'any agreement ot'thc Corporation contained herein, but excluding any claims, losses, liabilities or damages rcsuhing from thc Authority's or Collier County's gross negligence or willlhl misconduct. In thc event that thc Bonds arc not issued and delivered, this indemnity shall survive thc termination ol'this Agreement. A-3 (g) Thc Corporation will takc such further action as may bc rcqt, ircd to implement its albrcsaid undertakings and as it may deem appropriate in pursuance thcrcol'. 4. (;cncral Provisions. All commitments oFthe Aud~oritv under Section 2 befool'and Corporation under Ncction 3 hereof arc sul~ject Io ll~c conditions that ~fil o1' il~c Ibllowing shall have occurred n~t k~tcr than .lammrv I. 2000. or such other date as shall be mutually satislhclory t~ thc Aulhority and the Corporation. (a) Thc :\uthoritv .sh~,ll bc lawfully entitled to issue the l~onds as herein contcmpla~cct. (b) The Authority and tile Corporation shall have agreed on mtttt, ally acceptable terms lbr the Bonds and thc sale and delivery thereof and mutually acceptable terms and conditions of an\' trust instrument or instruments in respect thcrdo and any Financing Agreements or other agreements incidental to thc lin;racing or roil'trod to in Sections 2 a.d 3 hcrcol'. (c) Rulin,,se. salisfaclorv to lire Corporation and to thc/Xulhoritv as Io such me, tiers xvilh respect to thc Ronds. lhe Projecl. thc Financing Agreements and any t~thcr trust inslrumcnl or inslrumcnts, il'spccilicd by thc Authority and thc Corporation. shall have been obtained l?om thc Internal Revenue gcrx'icc and/or thc ~ qfitcd Ntatcs TrcasuD' Department and shall be in INdl lbrcc and cl'l~ct at I]~c time of issuance oFthc Bonds. (ti) .'4uch dhcr rulings, approvals, conscnls, ccrtilicalcs of compli:mcc, opinions as h~ such realtors with respect lo thc l~onds, lhc l'rqjccl, tl~c I:i,anci,s ,,Xgrccmc~ls a,d ~mx' other trust instrument or instruments, as shall be specified by the Corporation or thc Authority. shall have been oht~fincd IYom such governmental, as well as non-governmental, agencies and entities as may have or assert competent jurisdiction ox'ct or interest in matters pertinent thcrdo and shall bc in lbrcc and effect at tl~c time of issuance of the Bonds. (e) ('ompliance with all applicable provi.sion.s ol'Chapters 159.189.215 and 218. Florida Statutes. and thc Aud~ority's guidelines ami procedures rclaling Io linc issuance o1' thc Bonds. tt~c interest rate thereon, thc type of purchasers of thc Bonds and thc Ici'ms on which thc Bonds may td~crwisc he issued. Receipt ol'a I'avorablc fct,sibility rcport dcmonstrati,~g tile Iinancial feasibility or'thc Project in fom~ and substance satisfactory to tile Authority. (g) Notwithstanding any other terms hcreol', nothing contained herein shall be construed to create a binding commitment by thc Authority to issue the Bonds until such time. it' ever. as thc Authority shall grant its final approval t~r the issuance oi' thc Bonds and the final terms and provisions ot'the linancing and rclinancing, l~x' execution hcrcotl thc Corporation agrees that thc Authority may withhold its llnal approv;fl ol'thc issuance ol'thc Bonds in its sole discretion and shall not incur any liability whalsoevcr as a result ot' it not granting any such approval notwithstanding any other provision hcreolL A-4 (h) Receipt by lhe ('orporalion of all licenses and necessary approvals from dw Florida I)cpartment of Insurance and any other applicable governmental authorities. Il'the ex'chis .,;st I'orth in this .<,cction 4 do not take place within thc time set Ibrth or any extension thcrcoL thc Corporation agrees that it will reimburse thc Authority t~r all thc rcason::blc and llcccssarv direct or indirect expenses which the Authority may incur at thc Corporation's request arising I?om the execution of this Agreement and thc performance by thc Authority of ils obliuations hereunder, including reasonable legal IL'cs lbr counsel to thc Authority and thc expenses of bond 5. Ilimling l'Xl'cct. All covenants and agreements herein contained by or on behalf of thc ..\uthoritv and thc Corporaticm shall bind and inure to the benefit ortho respective successors and assigns of thc Authority. the Corporation xvhcthcr so expressed or not. IN WI'I'NI.;.',;N WllERE()F, Iht parties hereto have entered into lhis Agrccmcm by their el'ricers thereunder duly authorized :is of thc ~ day of . 1999. COI.I.IEI{ C()!!NTV INI)IiSTI,~I.,\I. I)EVELOI'MENT AI!TIiORi'I'Y, COLIAER COt N [5', FI.f)RII)A f .";1(..\ I. } .,\TTI'kq, T: /S,/ Clmirman hccrclarv (.~l.b\l.) TIlE COMMUNITYSCIIOOI~()FNAI' 'LES' ,,VI"I'I(.'$ I': President · %CC rc taD.' A-5 1614 EXltlBIT A TO MEMORANDUM OF UNDERSTANDING I)ESCRll'TiON OF PRO,IECT The Project will consis! ol: but not be limited to. tile acquisition, construction, installation and equippiug ofadditional buildings to the Borrower's present carnpus, st,ch bt, ildings to include but not be limited to 2 lower school buildings. 2 high school buildins_,s and a volunteer/administration center and a library: tile acquisition ofadditional property contig~uous to the Borrower's existing schools for future expansion: and the reconstruction and reworking of parking lots and athletic fields on the property. , t tat ,i I Iii II I I I I IImlllll ' Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Datl7 News PICKgORTH, DOtlALD P.A. 5150 TAMIAflI TRL N #602 NAPLES FL 34103 REFERENCE: 010784 57801939 NOTICE OF MEETING AN State of Florida County of Collier Before the undersigned authority, personally appeared John E. Taylor, who on oath says that he serves ss Assistant Controller of the Naples Dail News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class melt matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or reparation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED OH: 12/30 AD SPACE: 186.000 INCH FILED ON: 12/30/98 ................... I,[~'-~/'- Z ........ --r-- Signature of Affian: //L~''~- Sworn to e~ Subscr(bed~re me this eers~atty known by me UOT1CE OF= MEETING AND PUBLIC HEARING The Collier County Industrial DeveloPment Authority Jthe "Atrlhorlfv") will hold a special meeting and pub- lc hearing on Ja,~uory 15, 199901 9:00 A.M. at the Eco- nomic Development Council of Collier County Conference Room, 3050 North Horseshoe Drive, Suite 120, Naples, Florida, 34104 to consider adoption of o resolution providing for the preliminary approval of ffle Issuance by ff~e Authorlly of not exceeding $9,000,000 of its Industrial Development Revenue Bonds (Community School of Naples, Inc. Project) Se- ries 1999 (the "Series 1999 Bonds"). The Series 1999 Bonds will be issued for the principal purpose of loan- ing the proceeds thereof to Community School of Naples, Inc., a Florida corporation not lot profit (the "Borrower"). The Borrower will use the proceeds at the Bonds to finance and refinance o portion of the cost of acquisition, construction and equipping of cer- tain educational facilities described below and to re- finance certain otrlstondlng Indebtedness of the Borrower: 1. PROJECT DESCRIPTION: Acquisition, construction, Installation and equipping of oddlllonol buildings to the Borrower's present ..... ~:amm~such-bulldln~s 4~'JrlcJl~le bLd.4~.Lbe Ilmt~h~d · to 2 lower school buildings, 2 high school buil¢lihgs end avoH. ltlteer/¢idmJnIs~/ratJon center; the occnslsi- lion of odcIItlonal properly contiguous to the I~or. tower's existing scilools for future expansion; the reconstruction and reworking of parking lots and athletic fields on the property. :2. PROJECT LOCATION: 3251 F~ne Ridge Rood Noples, Florldo 34109 3. INITIAL OPERATOR AND OWNER: Community School of Naples, Inc. (o Florida cor- poration not for profit corporation). The series 1999 Bonds shall be payable solely from the revenues derived by the Authority from o loan and otb- er financing documents between the Authority and the Borrower prior to or contemporaneously with the ISSU. once of the Series 1999 Bonds. Such Series 1999 Bonds and tile Interest thereon shall not constitute on Indel)t. edness or pledge of the general credit or taxing power of Cailler County, the State of Florida or any political subdivision or agency thereof. Issuance of the Series Iqg~ Bonds shall be subJecl to several conditions In. eluding satisfactory documentation, the opprovaJ bond counsel os to the tax-exempl status of the interest on the Series 1999 Bonds and receipt at necessary ap- )ravels for the financing. The aforementioned meeting shall be a public meeting and all persons who mo'/ be Interested will be given an opportunity to be heard con- cerning the same. Al/interested persons are Invited to submit wrlflen comments or offend fha hearing, either personally or through their representative, and will be given on op- portunity to express their views concerning the proj- ects or the financing. Anyone desiring to make written comments In advance of the hearing may send such comments to: Collier County Industrial Development Authority c/o Economic Development Council 3050 North Horseshoe Drive, Suite 120 Naples Florida 34104 Written comments received In advance of the hearing, and oral comments made at the hearing, ore for the consideration of the Authority and will not bind the Au- thority. Copies of the applications for financing ore available tar Inspection and copying at the ohice at tile Authority set fo~h above. SHOULD ANY PERSON DE~IDE TO APPEAL ANY DECISION /V~ADE BY THE AUTHORITY WITH RE- SPECT TO ANY MATTER CONSIDERED AT SUCH HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR THAT PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT VERBATIM RECORD OF THE PROCEEDINGS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.' In accordance with the Americans with Disabilities persons needing o special accommodation to Partici- Pate In this hearing should contact Donald A. Pick- worth, General Counsel, of 1941) 263-8060 no letter than seven (7) days prior to the hearing. This notice l$ given pursuant fo Section 1471f) of the In. fernal Revenue Code, as amended. Collier County Industrial Development Authority /s/Donald A. Pickworth Assistant Secretary and General Counsel December 30 No. 1331283 EXHIBIT B (INDUCEMENT RESOLUTION-THE COMMUNITY SCHOOL OF NAPLES. INC. NapLes Daily News Naples, FL 34102 Affidavit of Publication NapLes Omi ly Ne~s Notice of Public Hearing .............................................................................. Notice is hereby given that the Collier County Industrl- al Development AufhorHv (the "Authority") will con- duct o spec o heoring on Jonuory 15, 1999 at 9:00 o.m In the Economic Development Councl of Collier Coun- PICKWORTH, DONALD P.A. 5350 TAMIAMI TEL N #602 NAPLES FL 34103 REFERENCE: 010784 57801964 Notice of Public Hea State of Florida County of Collier Before the undersigned authority, personally appeared John E. Taylor, ~he on oath ~eys that he serves as Assistant Controller of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of I year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or copuration any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 12/30 AD SPACE: laG.U00 INCH FILED ON: 12~_798.,,, n ~ / ..... ' ......... ; £- ...................... Signatur= of Ar,lan: .~,~'- ~ ~_ [ '~ ..... S~orn to and Subscrib~ beldame this ~ day of~ , 1~ Personally known by me ~~ ~ ~~ fY Conference Room 3050 North Horseshoe Drive, Suite 120, Nap es, Florida, 34104 for the purpose of re. relying public Comments and hearing discussion con. cerntng the proposed Issuance of the Aathorlty's Health Core Foci t es Revenue Bonds, (Commumty Health Core, Inc. Obligated Group), series 1999A In an amount no.t to .e .xceed.S20,0.00,_000 {the "Bonds") for tbs purpose o! mar ng a IO~n to Community Health Core, Inc., o Florida corporation not for profit ("Community Heatfh Core"), ondMarco Island Hospital, Inc. o FIori. do corporation nat for profit ("Marco Island H~s~IIoI") for the purpose of pray ding funds, together with athe~ available funds, to (o) retire certain Interim Indebted. ness incurred In connect on w th the refinancing of a commercial bank loon the proceeds of which were , used to construct and equip o two-story, approxJ- · mately 39,000 square foot build no which houses medical clinic opera ecl by Co Jar Ileal h Se .ices ~ Jilt.I O Florida corporation not for' p O,~it, O IoboI UtOI '.. various adair slrot ve offices and various SOCJC service agency oHices (the "lmrrlokolee Health PrM~.'~,,~b)?'efl.r.e rejoin Interim. '!.nde~ted.~ess JrL- I r¥, ooproximotely t52000 squor~ tool building, portion ot ~hich s used as o medical pla:o wt~ich houses o we ness center, space for outpatient rehobil- : Itotion services, Ioboratory fac lilies, Physician offices and clinical space (the "Grand Central Station Prol- err'), (c) finance the construct on and equipping at o two.story, approximate y 24,000 square foot building, J a portion of which wi I be [ sad as O health core facility J which w ll Include a cardiac wellness center and i space for outpatient rehabilitation services (the "Mar. ' co island Prelect") and Jcl) Pay certs n ex enses in. cuffed in connection with the Issuance ot ~e Bonrjs, nettler with credit enhancement for the Bonds. The Immokolee Health Core Prelect is located at I454 Community Heal(h Core. The Grand Central Station Prelect is located at 308 Goodleffe Road South, Naples, Florida and Is owned I and operated by Community Health Core. The Marco Island Project Is located at 40 Heothwood Drive South, Marco Island, Florida and Is owned and operated by Marco Island HosPital. All Interested persons ore invited to submit wrtHen comments or offend the hearing, either Personally or through their representative, and will be given an op- porfunlty to express their views concerning the Proj- ects or the financing. Anyone desiring to make written comments In odvance of the hearing may send such comments to: Collier County Industrial Development Authority c/o Economic Development Council 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 Wrll"len comments received tn advance of the hear. j lng and oral comments-mode af tl~e hearing, ore for the consideration of the Authority and will not bind the Authority Cop es of the OPP Cations fo~ fJnoncinQ ore available for Inspection and co~oying of the office at the Authority set forth above. _. SHOULD ANY'PER. SONDECIDE TO APPEAL ANY DECISION MADE BYTRE AUTHORITY WITH RE. SPECT TO ANY MATTER CONSIDERED AT SUCH HEARING, SUCH PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR THAT' PURPOSE SUCH PERSON MAY NEED TO ENSURE THAT VERBATIM RECORD OF THE PROCEEDINGS tS MADE, WHICH RECORD INCLUDES THE TESTAAO. NY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. In accordance with the Americans with Disabilities Act, persons need ng o spec al accommodation to par- flclpate in thls hearing should conrad Donald A. Pick- worth, General C. ounsel, at (941) 263-8060 no later than seven (7) do¥$ prior to the hear This notice Is given pursuant to Section 147(f} of the In- ternal Revenue Code, os amended. Collier County Industrial Dave opment Authority /s/Donald A. Plckworih Asstsfont Secretary ond General Counsel December 30 No. 1331231 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEAI~.INGS To: Clerk to the Board: Please place the following as a: XXX Normal legal Advcrlisement (Display Adv.. localion, etc.) [] Other: Originating Dept./Div: Comm. Dcv. Scrv./Planning Petition No. (If none. give brief description): V-98-22 Person: (.J~r~,,., (~{~c~ ,..., Petitioner: (Na~ne & Address): Anchorage Condominium Association, 12945 Vanderbilt Dr., Naples, FL 34110 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, altach separate sheel) Wall Chcvillcl, President, K.C. Conslnzclion of Naples, Inc., PO Box 9954, Naples, FL 34110 Hearing bcfore BCC XXX BZA Olhcr Requcsled Hc. aring dale: ,/_t~_0 J q {~ Newspaper(s) to be used: (Complete only if important): Based on advertisement appenri ays before h~qring. XXX Naples Dnily News Other [] Ix:gaily Rcqnircd Proposed Texl: (Include legal description & co,nmon Iocalion & Size: Pelilion No. V-98-22, Wall Chevillet ofK.C. Construcliot~ of Naples. Inc.. represenling Anchorage Condominium Association, requesting a 10 fool variance from the required 15 fool side yard selback lo 5 feel for property located at 12945 Vanderbill Drive (C.R. 901), in Seclion 17, Township 48 Sonlh, Range 25 Easl. Companion petition(s), if any & proposed hearing date: / Does Petition Fee include advertising cost? E~Ycs [] No If Yes. what account should be charged for advertising cosls: 113-138312~49110 ~0 ~ ~[ ~O ] Approvedbv: Reviewed by: . ~iv~n Head Dale County Man:,ger Date gisl Atlachmc~lls: I)ISTRIIIlJTION INSTRI, JCTIONS Ao For hearings before BCC or BT.~.[: Initiating person to complete one ct).',' and obtain Division ilcnd approval before submitting to County blanager. Note: If legal document is involved, I)e sure thai any necessary legal rcvie~v, or request for same, is submiltcd lo County Attorney before sul)milting lo County ~,l:~nager. Th'e M:~nagcr's office will distril)ute copies: [] Count.',' 51;,nngcr ;igcntl:~ file: lo Clerk's Office [] Requesting Division [] Original B. Other hearings: lnilialing Division head to approve and submit original lo Clerk's Office, relaining a copy for file. OVFmE USE ONLy: Dale Rccei,'ed: ..&./X-O??.,¢"'-- Dale of Public heari,,g: Date Advertised: (I2~IZ~S 'rn'T~ C~) PAM pl~R~EI,I' ~.~/~"I(~:., NAPLES DAILY NEWS ~ ~: 2, 6~4703 ELLIE HOFFMAN LOCA_'I~ON: C~_r.T.T~ ~ 774-8406 i?B December 3, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition V-98-22 Dear Pam: Please advertise the above referenced notice one time on Sunday, January 10, 1999, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk in Purchase Order No. 912501 17B NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 26, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-98-22, Walt Chevillet of K.C. Construction of Naples, Inc., representing Anchorage Condominium Association, requesting a 10 foot variance from the required 15 foot side yard setback to 5 feet for property located at 12945 Vanderbilt Drive (C.R. 901), in Township 48 South, Range 25 East, Collier County, Florida. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. Ail material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK BY: /s/Ellie Hoffman, Deputy Clerk (SEAL) December 3, 1998 Anchorage Condominium Association 12945 Vanderbilt Drive Naples, FL 34110 Re: Notice of Public Hearing to Consider Petition V-98-22 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure i i i ~ - IIIIIII II I I II IIIII I IIIIIII I I III III December 3, 1998 Mr. Walt Chevillet, President K.C. Construction of Naples, Inc. P. O. Box 9954 Naples, FL 34110 Re: Notice of Public Hearing to Consider Petition V-98-22 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 19997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure RESOLUTION NO. 99- RELATING TO PETITION NUMBER V-98-22, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. ~.~'~:rDrnq,,.._..~...~, the L~cislature~ of the State of Florida in Chapter '25, Florida Statutes, has conferred on all counties in Florida the power establish, coordinate and enforce zoning and such business regulatlcns as are necessary for the protection of the public; and WHEREAS thn County pursuant thereto has adopted a Land Develocmen% ~'ode '~d~nance ,.o. ~-~,~ ',.'hlch es~ ' ~ ~ ',~- - ~aulishes recula~cns .~r thc- of particular ~eographic divisions cf the County, among '..:hick is granting of variances; and ~ .......nS, Boa of Zoning Appeals, being the duly elecsed constituted Board of the area hereby a~fec~e,,= ~ d has held a public after notice as in said reouiations made and provided, and ha ..... the advisability cf a !0-foot ';ariance from [he required 15 foot yard setback 50 5 feet as shown on the attached plot plan u..~ ......... in a "RT" Zone for the property hereinafter described, and has found as matter of fact that satisfactory provision and arrangement have keen made concerning ali_ applicable matto~ .... required by said regulations amc' accordance ?;ith Section 2.7.5 cf the Zoning Regulations cf said Develous~'n~. ._ .~ Cote for the unincorporated, area of Cc~lier~ County; and ,z .....,~S, ail interested parties have been given opportun~%y 50 be heard by this Board in publicm__.oo~ing assembled, and the Board having considered all ma%rets presented; :~CW THEREE'ORE BE iT RESOLVED BY THE BOARD OF ZONING AEPEALS cf Collier Countv, Florida, 5hat: The ~e%iticn V-98-22 filed by Wait Chevillet of K.C. Cons%ruc%icn ~iaples, Inc., representing Anchorage Condominium Association, with respect to the property hereinafter described as: EXHIBIT "B" be and the same hereby is approved for a 10-foot 'variance from the required 15 foot side yard setback to 5 feet as shown on the attached plot plan, Exhibit "A", of the "RT" Zoning District wherein said property is located. <> BE iT RESOLVED that this Resolution relating to Petition Number V-98-22 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majorit7 vote. Done this day of , 1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Chairman Approved as to Form and Legal Sufficiency: Assistant County Attorney f/'.'- ~'9-£2 ?L'SC L'fY ~ 6:: ~ 9 D A~S ©NINN¥3~ I !: EXHIBIT "A" PROPERTY DESCRIPTIOn, THAT PORTION OF THE SOUTHEAST QUARTER OF TH[ SOUTHEAST QUAR~-ER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST. DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 17, RUN S.89'53'18'W. FOR 50 FEET TO THE POINT OF BEGINNIN(} ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD S-865A; THENCE RUN N.O0'26'OO'W., ALONG SAID RIGHT-OF-WAY LINE, FOR 211.15 FEET TO A POINT ON BULKHEAD LINE NO. 3, AS SHOWN ON THE PLAT THEREOF RECORDED IN BULKHEAD UNE PLAT BOO}< I, PAGE 7, OF THE PUBUC RECORDS OF COLIJER COUNTY, FLORIDA; THENCE S.41'11'03'W,, ALONG SAID BULKHEAD LINE, FOR 414.1.3 FEET; THENCE S.00~36'42'E., FOR 120.00 FEET, THENCE N.89'53'lB'E. FOR 275.72 FEET TO A POINT ON SAID RIGHT-OF-WAY LINE OF STATE ROAD S-865A; THENCE N,OO'26'00"W. FOR 220,00 FEET TO THE POINT OF BEGINNING, COLUER COUNTY, FLORIDA. r,'OTES: PROPERTY DESCRIPTION SUPPLIED BY CLIEN';. THIS PROPERTY IS SUBdECT TO EASEME~ITS, RESERVAllONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST UNE OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA, AS BEING S.00'26'OO'E. 17B · 178 Naples Daily News Naples, FL 34102 Affidavit of Publicati¢~ Naples Daily Ne~s BOARD OF COUNTY COflHISSIONERS ATTN: HIATTA SIRLEAF PO BOX 41~316 NAPLES FL 34~01-30~6 REFERENCE: 001230 #912501 5?806847 V-98-22 NOTICE OF PU State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily Nays is a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class ~il ~tter at the post office in Haples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid r~or praised any person, firm or coloration any discount, relate, comission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 01/10 AD SPACE: 94.000 INCH FILED ON: 01/11/99 Signature of Affiant .~"~ ' r'/ ." Sworn ,o and Subscribed ~r. me this ~-day ~~ 19~'~ V-98-22 NOTICE OF PUBLIC HEAR ll'4g Notice is hereby given that the Board of County Commissioners of Collier County, will hold o public hearing on TUESDAY, JANUARY 26, 1999, in the Boardroom, 3rd Floor, Administration Building, Collier CounlY Government Center, 3301 East Tamiaml Trail, I'loples, Florida. The meeting will begin at 9:00 The Boord will consid- er Petition V-98-22, Walt Chevillet of K.C. Construcflion of Naples, Inc., representing An- chorage Condominium Association, requesting a 10 foot variance from the required 15 foot side yard seYoock to 5 teet fo~ proPer~ lo. cot. ed at 12945 Vonderbilt Drive (C.R. 901) in Township 48 S~uth, Ranoe 25 East, Collier County, Florida. NOTE: All persons wish- Jng tO speok on any ogen- do item must register with the County Odmlnish-ator PRIOR to preserfloflo~ of the agenda Item to be d~essed. Individual speak. ers will be limited to minutes on any item. The selection Of on individual to sPeOk on behalf of on orgonization or g¢oup is encouraged. If recognized by the Chairman, 0 Spokesoers~n fo~ o group or or~nJzatJon may be ol. lotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials Included in the Boord agenda Packets must submit sold material o minimum of 3 weeks prior fo the respective Public hearing. In any case, written materials in. tended to be considered by the BOard shall be sub- miffed fo the opprooriofe County staff a minimum of seven days prior to fine Public hearing. All materi- al used in presentations before the Boord will be- come o permanent part of the record. Any person who decid- es to appeol o decision of the Boord will need a re- cord of the proceedings pertolning thereto, ond therefore, may need to ensure that o verbatim record of the proceedings Is mode, which reco~d in- cludes the testimony ond evidence ulmon which apPeOI is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By:/s/Ellie Hoffmon De1~ufY Clerk (SEAL) Jan. 10 NO. 1320592 PESOLUTiO:; ~IO. 99- 78 ,,.u===---.,.. ..... z:.~, the Legi~-~a::ure-, of the .... ~--*a~_ of Florida in Chan, ter. !~'=z_~, Florida Statutes, has cot:letted er. all counr, ies in Florida ~he :':~'.'~::.r t,~ establish, coordinate and enforce zoning and such busiLes:< reTulaL:.<,ns are necessar7 fc.r t. he protect i~r, ~.f the publ i.c; and Code (Ordinance Ilo. 91-102} wP, ich escablishes regulations for 2he zen2ng of particular ';e~razhic divisions oi the County, among v;hich is the granting cf 'zariance;~; ar.d %';HEREAS, the Board of Zoning Appeals, being the dui'/ elected constituted Board of the area herebk' affected, has held ~1 DuL~:.T after noti~= .... as ~, said ,~=.~'lations_~u made and provided, and has the advisability cf a 10-foot ';arlar~ce from the required !5 foot yard setback to 5 feet as shown on the attached plot plan, Exhibit "A", in a "RT" Zone for the property, hereinafter describeci, and has .,~...~ as a r, atter of fact_ that satisfactor',' mrov;=ion and a~apn=~mor;' ha';.~ hoer. concerning all applicable matters required b'y said regulations and accordance with Section 2.7.5 of the Zoning Regulations of said Development Code for the unincorporated area of Collier County; and V;HEREAS, all interested parties have been given opportunitT to be heard by this Board in public :nee:iht: assembled, and the Board havin~ considered al.l ma~;tors presentr-d; . ~, THEP. EFOkE EE iT [~ET;CL'.'E~ ~':' ~}{~ BOARD OF ZO[i]~',G ~..~:~:..~.~{ ~; Collier County, Florida, that: The Petition V-9~-22 filed by 'Nalt Chevillet of K.C. Construct_o;~ of Naples, Inc., representing Anchorage Condominium Association, with respect to the property hereinafter described as: KZHI BIT be and th~ same hereb'f is n~}r;ro,.,ed for a lO-foot: variance c the ._~u~r,_J ~ foot side yard setback to 5 feet as shown on the a~ached plot plan, Exhibit "A", of the "RT" Zoning District wherein said .srooert}' is loca~(.d. BE IT RESOLVED that this Resolution relating to Petition Number V-98-22 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. 1 999. BOARD OF ZONING APPEALS COLLIER COUNTY, ELORIDA/ ' ~AMELA S. MAC KIE, C'HAIRWOMAN App'~o~ed as,to Eo~m and Legal SufficiencY: Ma r ~-o r~[ e- M-. Stud~nt Assistant County Attorney f/V-98-22 PESOLUT ION EXHIBIT "A" 0 'r ~ " .~ ' mROPER,'Tv OESCRImTION ,'HAT PCRT1ON O-- 1-HE SCUTHEAST QUARTER C: i~E SOUTHEAST QUARTE:. ~_,.TtON 17 TOWNSHIm ,~8 SOUTH,, RANGE 25 EAST. DESCRIBED AS ,."ROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST CYdARTER OF SAID SECI1ON 1~, RUN s.8g'53'lB'W. FOR 50 F,_,.T TO THE POINT_OF BEGINNING ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD S-865A; THENCE RUN N.00'26'00°W., ALONG SAID RIGHT-Of-WAY LINE, FOR 211.15 FEET TO A POINT ON BULKHEAD LINE NO. 3, AS SHOWN ON THE PLAT THEREOF RECORDED IN BULKHEAD UNE PLAT BOOK I, PAGE 7, OF THE PUBUC RECORDS OF COLUER COUNTh', FLOP, IDA; THENCE S.i,l~l'03'W., ALONG SAID BULKHEAD LINE, FOR 414.1.3 FEET; THENCE S.OOX36'42'E., FOR 120.00 FEET, THENCE N.Bg'53'lB'E. FOR 275.72 FEET TO ~, POINT ON SAID RIGHT-OF-WAY LINE OF STALE ROAD S-865A; THENCE N,00'26'00"W. FOR 220,00 FEET TO THE POINT OF BEGINNING, COLLJER COUNTh', FLORIDA. NO~S: TROPERTY......,..,.,-r~'¢"'m~mTlON SUmPLIEP_., ~Y. C. Et, ,. THIS PROPERTY, I-S SUBJEC'; TO EASENIENTS, RESER;'A]IONS OR RESTRICTIONS OF RECORD. BEARINGS SHOWN HEREON REFER TO THE EAST UNE OF THE SOUTHEAST CXJARTER OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING S.00'26'00'E. EXHIBIT "B" COI.lolER COUNTY FI.ORIDA REQUEST FOR IoEGAL ADVERTISING OF PUBIAC IIEARINGS To: Clerk Io the Board: Ple:t~e place thc folhmin~ a~ ;~: XXX Normal legal Advcrl:scmcnt (Display Ad,.'. Iocauon. cie ) [] Other: Petition No. (If none. give brief dcsenption): V-9~-20 Petitioner: {Name & Address}: Lo,,%cll & Clat,dia Nc,.,,lon, 520 Bald Eagle Dr., Naples. FI. 3-11o5 Name & Address of any person{s) lo be notified by Clerk's Office: (If more spacc is needed, auacb scparatc shccl) Rogc_r I. till, 4995 Airport Rd., N., Naples, Fl. 3.1 Ilcar,ngbeforc BCC XXX BZA. Other : /,.., I Nc',%spaper{s) to be used: ¢Complc(e only if in]porlant): XXX Naples Daily Ncx~s Other [] l.cg:flly Rcqulrcd Proposed Tcxl: (tncludc legal description & common location & Size: Petition No. V-qg-2o, Roger [till, rcpLcscmin_Lg Lov, cll W. and Claudia G Ney, ion, requesting a lO 3-fool v;triancc from Iht required 1 .':;-foot rear yard acccsson.' stnlctur¢ s¢lback lo 4.7 feet for proper'tv located at 520 Bald EaRle I)rivc, fi~rfi~cr de<rlbcd as l.ot I,'4, Naples Balh & Tennis Club L__m_fl__B_~io S.c_ctio!! 1_1~4 Townshil~ 49 South. Range 25 East. Companion petition(s), if any & proposed I~c:tr~)g dale Does Petition Fcc include advertising cost'? [-.4' Yes [] No If Yes. ~ hal account should be charged for advert,sing costs: 113-1383124,49110 Rcv,c~cd b~: Approved b~: Division tlead Dale County M;m;tgcr Date Lisl AllachnienlS: DISTRIBUTION INSTRUCTIONS ho For he,rings before BCC or IIZA: Initiating person to ct)mi)left ()nc coy and ol)tain Division llcad al)l)rs)%':fi I)cfl)re submitting to County Man:lgcr. Note: If legal document is involved, be sure that any necessa~' legal rcvic~v. ()r request for same. is submitted to County Attorney before submitting to County .Manager. The Manager's office will distribute copies: [] County Manager agenda file: to Clerk's Office [] Requesting Division [] Original B. Other hearings: Initiating Division head lo approxc and submit original lo Clerk's Office. retaining a cop.,,' for file. CLERK'S OFFICE USE ONLY2 DaleRecclved: \~'~\~1~ DalcofPubl,clmar, sm: ,\."~,.~lQc~ DatcAdvcniscd: ~ ~ ~ PAM PERRELL NAPLES pATLY 263-4703 LISA STEELE NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County CoMmissioners of Collier County, will hold a public hearing on TUESDAY, JANUARY 26, 1999 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. V-98-20, Roger Hill, representing Lowell W. and Claudia G. Newton, requesting a 10.3 foot variance from the required 15-foot rear yard accessory structure setback to 4.7 feet for property located at 520 Bald Eagle Drive, further described as Lot 18, Naples Bath & Tennis Club, Unit B, in Section 14, Township 49 South, Range 25 East. N(MI~E:All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesman for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record o~ 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. BOARD OF COUNTY COM/~ISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRlWJYN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk December 18, 1998 I4s. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: V-98-20 Variance for property loacated at Bald Eagle Drive Dear Pam: Please advertise the above referenced notice one time on Sunday, January 10, 1999, and kindly send the Affidavit of Publication, duplicate, together with charges involved to this office. Thank you. Sincerely, in Lisa Steele, Deputy Clerk Purchase No. 113-138312-649110 (SEAL) December 18, 1998 Lowell & Claudia Newton 520 Bald Eagle Dr Naples, FL 34103 Public Hearing to Consider Petition V-98-20 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure December 18, 1998 Roger Hill 4995 Airport Rd. Naples, FL 34105 Public Hearing to Consider Petition V-98-20 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure - - 1 / C .~ r-~.._O,I NUMBER ~' ~-12, FOR A ....... ,~.....-..,'~- CN PROPERTY HEREi:;AFTER ~ ~""'-' ""-" ..... ""' ' 'ER ,--~ -:' =:.:-~. '. .... COUNT'f, FLC?.: ].::. '.':!-.r~za ";:,~'.';'.,-..::, !.;.':: ,':~:r,:e-~:.'_d ,...n ul! counties it', Fl~:ida t.r.e ::::,'..;et' a-~-_, necessa:',, f~r '~...._ .orctecticn o~. the public; a-..c; XHK?EA2 -~ " , _..e '. ..... y ?:rsua.qt thereto Las ;=ci-~r,t.~..J ., l,~:;fi lode ^tilt. ar. ce :;-,. }i-112. ;.,'hich establishes re.zula':io::s f5:- the o~ parzicu'ar gecgracr, ic divisions of the Count)', among which Ls the Grant;~ ~ ','aria and * ~ rd cf . he du~ elected WHEREAS, ~h_ Boa -' .. Zo.~lnc Aoseals, being t ~'z' - cons[isuYed 5card ,3f -ne area hereby affected, has held a pub' is hearing after nstice as in sa2d recu!atlsns made and provided, and has the ad',-is~~: ~: ..... ~ yarc accessory structure setback feet to 4.7 feet as shown on the ~a~,,~d nlo plan, Ezhibit ..... in a "BUD" Zone for the F ..... ' ..... h~e;~a~'~ ~ ~ ibrd ' ' ...... ~_. ~e_cr _ , and nas found as a matter off fact that satisfactory ri'o';tGi, on and arran,:ement have ' ~ _~_,,,~_ '' . .. ge .... made ~ .... ~rxinu ........ ] s',' said regulations a~,ri in arcsrfiance with Sectlsn 2.'*.~ of the Zsn:nu PacE'aLiGns of sald :.an:i '2. e'.'eirNmen: la,re the unincorporated area cf Csliler County; and WHEREAS, all interested parties have been given cppcrtun::y ~3 heard by this Board in public meeting assembled, and the Boarh ha';inc considered all matters presented; ::OW THEREFORE BE iT PESOLVED BY THE BOARD EF !O:;iNG APPEALS Collier County, Florida, that: ~ D~*;~ion V-98-20 "iled ~v Roce~ Hill, reeresentl~ ls;.;e~* W. Claudia G. Newton, with respect to the property hereinafter described Lot i~, Naples Bath ~ Tennis Club, Unit 8, as recsrde~u in P!~ 5cch ~, Pace 64, cf the Public Records of .... ' :.=~ ~ ....... , Florid2. recul r<- ::. '.~=-fcot .~_ak~ vard. a:cessorv, structure_ setback '- ,.7> .~. T fee': ~s shown n '~ attached ~:ot p/an, Exhibit ".~," ........... , · ..,'herein :~ai:i prcpert:.' :..~ located, .. Eec:es, hush. es anC,'~r "tees sba~' be ;r.e r. ortheast portisr, ,:[ subject i,ot consistent with aha similar to the vecetati':tn aicnc the northwest sortion of Lot 18. · -=~'~-~ that this Resolution relatinc to ,/_s~ he ~rded in he :r. inutes c~ h _ :~o,n . .................... ~,,, secc~cJ ,~:~J i:,cri'.',' '.--77_.~. D~r,e this day of , i979. ATTEST: DWIGHT :'< -.~ ..... · ~:.O...r., C~erk BOARD OF ZONING APPKALS COLLIER COUNTY, FLOF. iEA Approved as to Form and Legal Sufficiency: Student Assistant County ::~ ..... ]70 ,,',, ' = ..; ? · ~ . ECE VED T/fib' 1.¢ .qAI.%'I,? /'01~ Tilt; I,OCA~'IO.%' i)£ ,¥E~I.' ~O,%'b'TP, UCTION 1/C NapLes DaiLy fie~s Naples, FL 34102 Affidavit of PubLtcatto~ Naples Daily Ne~s BOARD OF COUNTY CO¢INZSSIOC~IERS ATTN: MIATTA SIRLEAF PO BOX 415016 NAPLES FL ~4101-~016 REFERENCE: 001230 11~138~126~91 57806990 V-98-20 NOTICE OF PU State of FLorida County of Collier Before the undersigned authority, personally appeared B. La~b, vho o~ oath says that she servee as the Assistant Corporate Secretary of the Naples Daily Ne~s, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of Advertising vas published in said newspaper on dates Listed. Affiant further says that the said Naples Daily Ne~s is a newspaper published at Naples, in said Collier County, Florida, and that the said nevspaper has heretofore been continuously published in said Collier County, FLorida, each day end has been entered as second class ~ail ·atter at the post office in Naples, in said Collier County, Florida, for a perind of I year next preceding the first pubLicatio~ of the attached copy of advertiser; and affiant further says that she has neither paid nor pr¢:~ised any ~rm, firm or coporati~x~ any discount, rehte, commissio~n or ref~ for the purpose of securing this advertisement for publicati~ in the said ne~s~per. PUBLISHED ON: 01/10 AD SPACE: 95.000 INCH FILED Off: 01/11/99 Signature of Affiant je/' Suorn to and Subscribed ~e( me this '! .:';:";;". MARGARET J. SILLS l( :.-? ;-.-~', :,~.; ,,,,. :.. ~;'t'COMMtS.SIONmCC6~51;, , ..?.....:.~..- V-eS.20 NOTICE OF: PUBLIC HEA;~ING Notice is hereby given th(d the Boc.'d of Coun~ Commissions of C~I~ C~, will hold a ~blic hearing on TUESDAY, JAflUARY 26, 1~, the BOOCdrOOm. 3rd Floor, Administration Buildi~, C~ller Cou~Y ~vernment Center East Tomiomi ~roH, r~o~le5, Florida. The meeting will begin ~ A.M. The ~rd will C~ld. er Petition V-98-20, ~er Hill Lowell W. o~ CIo~ o 10.3 f~ v~i~e tram the reauired testy s~udure ~k to 4.7 feet Bold Eagle Drive, fur- ~er described os Lot ~8. tJoples ~ & Ten. his Club, Unit B, in fi~ 14, Town~io 49 NOTE: All ~r~ns lng fO ~e~ ~ ony o~n- ~ ~em must regisf~ ~ ~e C~ ~minis~ PRIOR fo pre~ of the ~n~ item ~ be ers 'will ~ Ilm~ed b ml~ ~ any item. The fo ~ ~ ~h~t ~ ~lz~l~ ~ ~ e~ro~d. If rec~iz~ by the Chairman, o ~e~r~ f~ O m or~niz~l~ may ~ I~ed 10 rain.el to ~ ~ On Persons wishing to hove wriffen ~ graphic Board agenda packets ~ust submit ~id m~eri~ o minimum of 3 weeks pri~ to ~e respire public hearing. In ony te~ed fo ~ c~sidered by ~e ~rd ~1 ~ ~- C~ 5t~ o minimum ~bltc he~l~. All ~erl- OI u~d in ~e~nt~i~S ~f~e ~e ~d will ~- c~e a ~r~nt ~ ~e rec~d. Any ~r~n who ~cid. es to ~ol o ~ctsi~ of C~d ~ ~e Pr~eedl~ ~e~oinlng ther~o ~e~e, ~y ~d to , w.f~ raced In- cl~s ~e tesfl~y ~ ~e~e.~ which me ogA~O OF COUNTy COMMISSIONeRs COLLIEE -~OUNTy FLORIDA , CHAIRMAN DWIGHT E. BROCK CLERK · J~. 10 No. 1329745 RESOLUTION NO. 99- 79 RELATING TO PETITION NUMBER V-98-20, 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 WBEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance Uo. 91-102) which establishes regulations for the zoning of particula~ ceocraphic divisions of t~ County, among ~'~ granting of variances; and WHEREAS, =h~ Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has - CGR.~ ~ the advisability of a 10 3-foot variance from the required 15 · zo= ~ rear yard accessorv, structure setbacP .... fe~t to 4 7 feet as shown on ~'~n.= 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 fir 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 Collier County, Florida, that: The Petition V-98-20 filed by Roger Bill, representing Lowell W. and Claudia G. Newton, with respect ~o the property hereinafter described as: Lot 18, Naples Bath & Tennis Club, Unit B, as recorded in Plat Book 9, Page 64, of the Public Records of Collier County', Florida. be and the same hereby is approved for a 10.3-foot vari,~nce £rom the required 15-foot rear yard accessory structure setback to 4.7 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. }{edges, bushes and/or trees shall be planted along the northeast portion of subject Lot 18 in a manner consistent with and similar to the vegetation planted along the northwest portion of Lot 18. BE IT RESOLVED that this Resolution relating to Petition ~,~umber V-98-20 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. ATTEST BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA/ ~ PAMELA S. MAC'KIE,C~AIRWOMAN Apprqved as t6 Form'and Legal Sufficiency: Marjd~ie M. Student Assistant County Attorney f/V-98-20 P£SOLUT I, II'I.V(,' lit'?' TIIH(]I'z,'It 7'/1t' IOA'I) RECEIVED OCT 0 ! 1998 ~L~NI~3 ' V 98-2o COI.I.IER COUNTY FI.ORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC IIEARINGS To: Clerk to tile Board: Please i)lacc thc follms'in~ ;ts a: XXX Normal legal Advcrlisenmnt (Display Ad',.'.. location, cie.) [] Olhcr' Origin:mag Dcpt/Div: CommDcv. Scrv./Planning Person: , '. Petition No. (if none. give brief description): R-')8-7 Petitioner; tN:mm &. Address): M:trl'-,ct lnvcsm~cm, Inc., Trustee, % Dovglas Hnhne, 9853 Tamiami Trail Nonh, Suilc 227B, Naples, Florida 3.1 IO8 Name 8:. Address of an.'-, person(s) to be notified by Clerk's Office: (If more space is ncc&& anacb separate sheet) William L. Itoovcr, A[CP, floover Planni@g, 3785 Ai__rpon Road N., Snilc B,~lcs, FL 341oq tJcarmg tx:fore XXX BCC E/ZA } OIhcr Requested Itc:mag dale:__ Nc~sspa~r[sl ~o ~ used: (Complete only if im~nant): Based on advcrlisenmnl appearing 15 da:'s before Imaring. XXX Naples Daily Ncv, s Other [] Legally Required Proposed Text: dncludc legal description & common location & Size: Petition No. R-98.7, William L. Hoover, AICP. of Hoover Planning, representing Maq)ct lm,'cslnmnt, Inc., requesting a rezone from RSF-3 Io C-.1 for property loc;ned on the eastern side of SR. 951 approximately 700 feet south of U.S. 41 in Section 3, Township 5! Sourly, R:mgc 26 East, Collier Count,f, Florida, consisting, of 1.43 pitts or minus acres. Compamor, petition(s), if any & proposed hearing date: f'~s P~ition Fcc include advcrlising cost? [] Yes [] No If Yes. v, hat account sbottld be charged for advertising costs: : 1113-1~3.124~49110 ~,,ic..~ by: .- Approved b:': I~'isio~/t lead Date Count.,,' Manager [)ate List AltacJ]mcnls: DISTRIBUTION INSTRUCTIONS ho For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division tlead alH)ro..'al before submitting to County Manager. Note: If legal document is involved, be sure that ;my necessar).' legal review, or request for same, is suhmitted to County Attorney before submitting to Count.,,' Manager. The M:mager's office ',','ill distribute copies: [] County Manager agenda file: lo [] Requesting Division [] Original Clerk's Office B. Other bearings: Initiating Division he,ad Io approve and submit original to Clerk's Office. retaining a copy for file. 7'""'"'"""""','"' 7 .......... '"' (IZ~:x,uI)~ 'T'n'T~ "~) PAM PERRELL LISA STEELE LOCATIC/N: O:)T.T.~ COIINTY' COURT]~OUSE 774-84,06 December 22, 1998 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: R-98-7 Requesting a rezone from RSF-3 to C-4 Dear Pam: Please advertise the above referenced notice one time on Sunday, January 10, 1999 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Lisa Steele, Deputy Clerk Purchase No. 113-138312-649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY 26,1999 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.~4. The title of the proposed Ordinance is as follows: AN ORDINANCE ~ENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE ~ICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~4ENDING THE OFFICIAL ZONING ATLAS MAP NU~BER t603N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE EASTERN SIDE OF S.R. 951 APPROXIMATELY 700 FEET SOUTH OF U.S. 41 IN SECTION 3, TO?~SHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, FROM RSF-3 TO C-4 FOR A RETAIL CENTER; PROVIDING FOR STAFF AND PLANNING CO[~ISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. Petition No. R-98-7, William L. Hoover, AICP, of Hoover Planning, representing Marpet Investment, Inc., requesting a rezone from RSF-3 to C-4 for property located on the eastern side of S.R. 951 approximately 700 feet south of U.S. 41. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: Ail persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the 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 [ [ III Il I ..... 11 [ [[[ [ [[].n]][[ [[[ ,, record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Lisa Steele, Deputy Clerk (SEAL) i?E December 22, 1998 Marpet Investment, Inc.,Trustee C/O Douglas Hulme 9853 Tamiami Trail North Suite 227B Naples, FL 34108 Public Hearing to Consider Petition R-98-7 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure December 22, 1998 William L. Hoover AICP, Hoover Planning 3785 Airport Road N. Suite B Naples, FL 34105 Public Hearing to Consider Petition R-98-7 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 26, 1999 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 10, 1999. You are invited to attend this public hearing. Sincerely, Lisa Steele, Deputy Clerk Enclosure ORDINANCE NO. 99- ;uN CRDINA2~CE ;C4ENDiNG ORDINANCE NU~MBER 91-t02, THE COLLIER COUNTY L3JqD DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZOHING REGU'~TiONS FOR THE UNIi;CCRPOPJd'Eb AREA OF COLLIER COt~lTy, FLORIDA, BY AMENDING T}{E OFFICIAL ZONING ATLAS MAP Nrb74BER 1603N C51ANGING THE ZONING CI~'~S.qlFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON THE EASTEP~4 SIDE OF S.R. 951 APPROXI~U%TELY 700 FEET SOUTH OF U.S. 41 IN SECTION 3, TOWNSHIP 51 SOUTH, P~NGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM RSF-3 TO C-4 FOR A RETAIL CENTER; PROVIDING FOR STAFF A,ND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING ;UN EFFECTIVE DATE. WHEREAS, William L. Hoover, AICP of Hoover Planning, representing Marpet Investment, inc., petitioned the Board cf County Commissioners to change the zoning classification cf the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: The zoning classification of the real property as more particularly described by Exhibit "A", attached hereto and incorporated by reference herein, and located in Section 3, Township 51 South, Range 26 East, Collier County, Florida, is changed from RSF-3 to C-4 and the Official Zoning Atlas Map Number 1603N, 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 conditions: Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE)and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. Collier County Land Development Code. i?E an exotic vegetation removal, monitoring, and maintenance {exotic free) plan for the site shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/consuruction plan approval. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY A~OPTED by the Board of Count./ Commissioners of Collier County, Florida, this ~__ day of , 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: CW~IRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~'. ~ '.r ' ' .~..( tX,,/_.,., MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY f/R-98-7 REZO~E ORDINANCE/ 1 7' Naples DaiLy News NapLes, FL 34102 Affidavit of PubLication Naples DaiLy News BOARD OF COUNTY COHHISSIO~IERS ATTN: HIATTA SIRLEAF PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 1131383126491 5?807873 91-102/R-98-7 NOTICE State of FLorida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, FLorida: that the attached copy of Advertising vas published in said newspaper on dates Listed. Affiant further says that the said Naples OaiLy News J$ a newspaper published at Naples, in said Collier County, FLorida, and that the said newspaper has heretofore been continuously published in said Collier County, FLorida, each day and has bee~ entered as second class mail matter at the post office in Naples, in said Collier County, FLorida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor pro~tsed any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 01/10 AD SPACE: q35.000 ZNCH FZLED OH: 01/11/99 / Signature of Affiant .~ ,.' - J- / J ;:.,'%...",i, .' . d '°",%~-::'"' ~ Thru NataJ't Pl/Oac Underwttle~ 91-102 ~R-98-7 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby given thot on TUESDA JANUARY 26, 1999, Ir~ the J3oor dr Dom, 3rd Floor, Administration Bulldinq, Collier Co~nt~ Government Center 3301 East Tamlomi ~roil NaPles, Florida, th~ B~d of C~n~ Com- mJssl~rs will cmslder the e~tment ot o tv ~din~e. The meet- ~n~ will c~mence ~. A.M. The t~le of ~d Ordi~e Is f~lo~ AN ORDINANCE AMENDING ORDI. NANCE NUMBER 9t-102, THE COLLIER COUNTY LAND DE- VELOPMENT CODE ~HICH ESTA~LI~ED THE COMPREHEN- SIVE ZONING REGU- LATIONS FOR THE UtJINCO~PORATEO ~REA DP COLLIER COUNTY, FLORIDA BY ~ENOINO THE OFFICIAL ZONING ~T. LAS MAP NUMBER I~]N BY CHANGING THE ZONING CLASSI- FICATION OF THE HEREIN DESCRIBED PROPERTY L~ATEO ON THE EASTERh SIDE OF S.R. 9~1 AP- PROXIMATELY 700 FEET SOUTH OF U.S. JI IN SECTION TOWN~IP 51 SOUT~ RANGE 26 EAST, COL~ LIER COUNTY DA, FROM R~-] TO C-~ FOR A RETAIL CENTER; PROVIDING FOR ST~FF PLANNING COMMIS. SION STIPULATIONS- A~JD BY PROVIOIN~ AN EFFECTI~ DATE. Pel~ NO. R-~-7, Wil- Iiom L. H~v~, AICP, ~ver Plonnl~, rede. Senting ~pel Invesf. Boord ogendo Pockets must submit ~ld m~erlol o ~lnlmu~ ot 3 weeks prl~ ~ ~e res~ctive public heorlng. In tended to ~ c~sl~ered by ~e ~rd s~ll ~ miffed to the C~ st~ a minimum of ~ven days prl~ to ~e public he~tng. All ~erl- al u~d in pre~ion5 ~f~e ~e ~d will ~- Come o percent ~ of ~e rec~d. Any per~n who ~cld- es lo ~ol O ~cJslffi ~ ~e B~d will need o c~d ~ ~ pr~eedin~ pedoining thereto and ~eref~, may need lo ensure ~oJ a ver~im rec~d of ~e pr~eedin~ is mode, which rec~d In- clu~s ~e testim~v ~ evide~e ~ which ~e ~eol Is ~d. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BARBARA B. BERRY CHAIRMAN DWIGHT E. BROCK, CLERK B~/si LI~ Steele, Jan. 10 No. 1331048 ORI)INAX('E NO, 99- 2 AN ORDINANCF. AMENI)ING ORDINANCE NUMllER 91-I02. TI I E ('O1.I.I ER COUNTY LA ND DF.V'F. LOPM ENT ('OI)F. WIIICIt ESTABI.ISIIED TIlE COMPREltENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF ('OI.I.IER COUNTY, FI.ORIDA, BY AMENDING TI IF.. OFFICIAl. ZONING ATI.AS MAP NUMBER 1603N CIIANGING TIlE ZONING (-'I.ASSIFICATION OF THE itEREIN DESCRIBED PROPERTY LOCATED ON TIlE E:\STF. RN SIDE OF S.R. 951 AI'I'ROXIMATEI.Y 7111'1 FEET SOU'FII OF tLS. 41 IN SECTION 3. TOWNSIlIP 51 SOUTII. RANGE 26 EAST. COLLIER COUNTY, FI.ORIDA. FROM RSF-3 TO C-4 FOR A RETAIL CENTER; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WtlERI.~AS. William 1.. I loovcr. AICP of Iloovcr Planning. representing Marpct Investment. Inc.. petitioned the Board of Counly Commissioners to change tile znning classification of thc herein described real property; NOW. TItEREFORE BE IT ORDAINED BY 'FilE BOAR[) O1: COUNTY COMMISSIONERS OF COLI,IER COUNTY. FLORIDA: Thc zoning classification of thc real properly as more particularly described by Exhibit "A". atlachcd hereto and incorporated by reference herein, and located in Section 3, Township 5 I South. Range 26 East. Collier County. Florida, is changed from RSF-3 Io C-4 and Ibc Official Zoning Atlas Map Number 1603N. as described in Ordinance 91-102. tile Collier County Land Dc,,'clnpmcnt Code is hereby amended accordingly. Tile herein described real property is thc same for which the rezone is hereby approved subject lo Iht following conditions: Pcnmts or letters of exemption from the U.S. Army Corps of Engineers (ACOE)and thc South Florida Water Managcmcnt District (SFWMD) shall be presented prior to final site plan;construction plan approval. An appropriate portion of native vegetation shall be retained on site as required in section .~.).5.5.4. Collier Counly Land Development Code. 3. Devclopmenl of thc site shall incorporate a recorded access casement which provides an access road running cast and ',','cst and an interconnect to tile property abulling the sile to the northeast and shall facilitate intcrconn¢ctivity between the subject site and thc property abutting thc site to the northeast. Cost of providing tile interconnect shall be a Fair share proportional cost between property ov,'ncrs of both sites. ,4. Development of the sile shall incorporate a recorded access easement which provides an access road running north and south and an intcrconzlect to Ibc property abt, lling Iht site to tile north and south and shall facilitate intcrconncctivity between Iht subject site and thc property abutting tile site lo Ihe north and south. Cost of providing thc interconnects shall be a fair share proportional cost between property owners of each site. An cxotic vcgclation removal, m.~nitoring, and maintenance (cxotic floc) plan for tile site shall be submitted to ('t~rrcrlt Planning l';nvironmcntal Staff for review and approval prior SECTION TWO: This Ordinance shall become effective upon filing xvith tile Department of Stale. PASSED AND DULY ADOPTED by thc Board of County Commissioners of Collier County, Florida, this'~ (J''/'tI day offs, 1999 .ATTESt::. D~JGHT E. BROCK, CLERK "'.AP$$O,,,'I,t~I~.,~,~}. 0.. *RI~I AND LEGAL SUFFICIENCY MARJ(JRIE M. STUDENT ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY'-¢AMELA S. MAC'Klg(Z'~hAIt~WOMAN £'R-98.7 RI:Z(INI: ORI)INAN( 'IV 17£ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the ~ foregoing is a true copy of: ORDINANCE NO. 99-2 Which was adopted by the Board of County Commissioners on the 26th day of January, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of December, 1998. DWIGHT E BROCK -, ~i,,. i.~'i; · Clerk of Courts and,.-C.~.~rk.% .. Deputy Clerk' ' ~-~'