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Agenda 09/11/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 11,2001 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 September 11, 2001 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Meredith McMillan, Golden Gate United Methodist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended B. Approval of July 30, 2001 Workshop Meeting C. Approval of July 31, 2001 Regular Meeting D. Approval of August 1, 2001 Workshop Meeting 3. PROCLAMATIONS A. To proclaim the month of September as "Childhood Cancer and Disorder Awareness Month". Proclamation Snellbaker, Executive Director/Founder of Florida, Inc. Blood to be accepted by Klair M. Candlelighters of Southwest Proclamation to recognize the week of September 17-21, 2001 as "Industry Appreciation Week". Proclamation to be accepted by Susan Pareigis, President of the Economic Development Council of Collier County. Proclamation recognizing that August 9th and 10th were proclaimed Community Forum Days in the City of Naples, urging all residents to promote and preserve all citizens' civil rights. Proclamation to be accepted by Victor A. Valdes, Chief Editor, Las Naciones News. De Proclamation that Collier County supports the Citizens For Fair Redistricting in their efforts to ensure that during the redistricting process Collier County be aligned with its contiguous west-coast counties and communities of interest. Proclamation to be accepted by Chuck Mohlke and Mike Carr, Co- chairs for the Citizens For Fair Redistricting. Ee Proclamation to designate October 2, 2001 as "Collier County Walk Our Children to School Day". Proclamation to be accepted by Jill Brown, MPO Bicycle and Pedestrian Coordinator. SERVICE AWARDS Five Year Attendees: 1) Ronald Smith, Wastewater 2 September 11, 2001 2) Idalberto Hernandez, Fleet Management 3) Raul Llorca, Road and Bridge 4) Marcelino Labra-Ramirez, Parks and Recreation 5) Shirley Kenney, Domestic Animals Ten Year Attendees: 1) William Combs, Water Department Fifteen Year Attendees: 1) Leo Ochs, Public Services 2) Marc Stephenson, Water Department 3) Bobby Paul, Wastewater 4)Jon Flomerfelt, Wastewater 5)Jesse Komorny, Water Department Twenty Year Attendees: 1) Daniel O'Brien, Road and Bridge PRESENTATIONS A. Presentation to recognize Martha Skinner for her dedicated service to the citizens of Collier County and honor her with September 11, 2001 as "Martha Skinner Day". 6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Petition regarding Interchange at Golden Gate Parkway. 7. BOARD OF ZONING APPEALS A. THIS ITEM HAS BEEN CONTINUED TO THE SEPTEMBER 25~ 2001 MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition VA-2001-AR-979, Terrance Kepple, of Kepple Engineering, representing Shader-Lombardo Properties, LLC, requesting a 12.1 foot variance from the Vanderbilt Villas PUD required distance between structure setback of 20 feet to 7.9 feet for property located 3 September 11,2001 at 515 Roma Court, further described as Lot 22, Vanderbilt Villas, in Section 21, Township 48 South, Range 25 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2001-AR-383, Dwight Nadeau oT McAnly Engineering and Design, Inc., representing Mike Bozzo, Sr., requesting a rezone from "C-1" and "C-I/ST" to "PUD" Planned Unit Development to be known as Park Central North PUD for a maximum of 36,000 sq. ft. of commercial office uses for property located in the Northeast quadrant of the intersection of Pine Ridge Road and Airport-Pulling Road approximately 1000 feet North of Pine Ridge Road, in Section 12, Township 49 South, Range 25 East, Collier County, Florida, consisting of 3.78+ acres. THIS ITEM HAS BEEN CONTINUED TO THE OCTOBER 97 2001 MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2001-AR-500, R. Bruce Anderson, Esquire of Young, VanAssenderp, Varnadoe and Anderson, P.A. representing the Skinner and Broadbent Development Company, Inc., contract purchaser, requesting to repeal the current Falling Waters Beach Resort PUD and to adopt a new PUD for the purpose of adding self-storage (SIC #4225) to the list of permitted uses and removing some of the permitted uses including restaurants, fast food restaurants, food markets and automobile service stations from the community commercial tracts of the PUD. The subject property is located in the East side of Collier Boulevard (CR 951) approximately 400 feet North of Tamiami Trail and Collier Boulevard intersection, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, the Falling Water PUD consists of 74.37 acres, the community commercial tracts consist of 4+ acres. Recommendation that the Board of County Commissioners adopt a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties with the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30 as amended. Recommendation that the Board of County Commissioners adopt a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties with the 4 September 11, 2001 unincorporated area of Collier County pursuant to Collier County Ordinance 90-30 as amended. E. This item has been deleted. F. Approval of Ordinance No. 2001-~ Council. establishing a Community of Character THIS ITEM HAS BEEN CONTINUED TO THE SEPTEMBER 25~ 2001 MEETING. This item requires that all participants be sworn in and ex parte disclosure bt= provided by Commission members. Petition PUDZ-2001-AR-432, Kare, Bishop of PMS, Inc. of Naples, representing Kenco Development Inc., requesting a rezone from "PUD" to "PUD" Planned Unit Development known as Indigo Lakes PUD and "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Indigo Lakes PUD for the purpose of increasing acreage from 140.85 acres to 181.37 acres and reducing density from 3.14 to 2.43 units per acre for a maximum of 442 residential dwelling units, for property located on Collier Boulevard (CR 951), south of the existing Oak Ridge Middle School, in Section 27, Township 48 South, Range 26 East, Collier County, Florida. H. THIS ITEM HAS BEEN CONTINUED TO THE SEPTEMBER 25~ 2001 MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-2001-AR-702, Margare[ Perry, AICP, of Wilson Miller Inc., representing Eagle Creek Properties Inc., requesting an amendment to the Eagle Creek PUD having the effect of amending the PUD document to allow self storage facilities and related accessory structures for the exclusive use of Eagle Creek residents as a permitted use, for property located at 401 Tower Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 298+ acres. Adoption of an Ordinance amending Chapter 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance). J. Recommendation to amend Ordinance No. 96-40 by adopting certain new personnel policies and modifying several existing personnel policies. BOARD OF COUNTY COMMISSIONERS 5 September 11, 2001 Ae Appointment of Commissioners to serve on the Value Adjustment Board and set tentative dates for the hearings. B. Appointment of member to the Collier County Planning Commission. C. Appointment of member to the Golden Gate Estates Land Trust Committee. D. Appointment of member to the Golden Gate Beautification Advisory Committee. E. Appointment of members to the Collier County Airport Authority. F. Appointment of members to the Immokalee Enterprise Zone Development Agency (EZDA). G. Appointment of member to the Contractors' Licensing Board. 10. H. Appointment of members to the Community Character/Smart Growth Advisory Committee. COUNTY MANAGER'S REPORT A. Brief summary of site visits to Solid Waste Facilities. Utilities Administrator) (Jim Mudd, Public 2002 Tourism Agreement between Collier County and the Marco Island Film Festival, Inc., regarding the October 2002 Event. (Jane Eichhorn, TDC Coordinator, HUI) C. Review the Tourist Tax Funding request from the Marco Island Historical Society, Inc., for FY 02. (Jane Eichhorn, TDC Coordinator, HUI) Request by Deborah Joudrey, representing Willoughby Acres Property Owners Association, for a waiver of right-of-way permit fees for landscaping. (Fred Reischl, Principal Planner, Planning Services) E. This item has been deleted. 6 September 11,2001 Request by the United Arts Council of Collier County for the Board of County Commissioners to consider financial support for the Council to conduct a Cultural Needs Assessment and Strategic Plan. (Leo Ochs, Public Services Administrator) G. Adoption of Collier County's 2001-2002 Legislative Agenda. (Beth Walsh, Assistant to the County Manager) Recommendation that the Board of County Commissioners adopt the attached Resolution opposing the further devolution of human services from the State of Florida to Local Governments and Communities until such time as a study of such can be conducted. (Thomas W. Oil,fi, County Manager) 11. 12. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT Recommendation that the Board approve a settlement in the Case of Truly Nolen v. Collier County, Case No. 01-1870CA, Twentieth Judicial Circuit in and for Collier County, Florida. (David We,gel, County Attorney) 13. OTHER CONSTITUTIONAL OFFICERS 14. STAFF AND COMMISSION GENERAL COMMUNICATIONS 15. FUTURE AGENDAS A. Resolution regarding Collier County's opposition to lowering the speed limit and/or restricting the use by commercial vehicles on the Tam,ami Trail between Naples and Miami. (Commissioner Coletta) 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2002 Interlocal Tourism Agreement between Collier County and the City of Naples regarding the Fourth of July Festival. 7 September 11, 2001 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 2002 Tourism Agreement between Collier County and the Naples Botanical Gardens. Request to approve for recording the final plat of "Masters Reserve" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Final acceptance of Water Utility Facilities for Crystal Lake Terraces at Eagle Creek, Phase 1. Approve a Budget Amendment to recognize the State Fiscal Year 2002 State Housing Initiative Partnership (SHIP) allocation, recognize additional carry-forward and establish project numbers in the Affordable Housing Trust Fund. Request to approve for recording the final plat of "Pebblebrooke Lakes Phase 3B". Recommendation that the Board of County Commissioners adopt a Resolution authorizing the Director of the Code Enforcement Department to utilize the services of a collection agency for the collection of code enforcement fines, to compromise and settle code enforcement fines/liens under specified conditions and not exceeding $15,000.00 to execute settlement agreements effectuating such compromise in settlement, to execute and record satisfactions of lien and satisfactions of judgment and to perform such acts incidental to settlement of these code enforcement lien collection efforts. Request to approve for recording the final plat of "Serafina at Tiburon" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Recommendation that the Board of County Commissioners adopt a Resolution and approve a letter and nomination form to nominate the Immokalee Community for the Round III Empowerment Zone Program. Request to grant Final Acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Carson Lakes". Request to grant Final Acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Sawgrass of Naples". Approve amended Special Event Application. Adopt Resolutions enforcing liens on properties for Code Violations. Approve Tourist Development funding for a Parks and Recreation Special Event - Country Jam May 4-5, 2002. Approve Tourist Development funding for a Parks and Recreation Special Event- A Latin Music Festival November 2001. B. TRANSPORTATION SERVICES 8 September 11, 2001 1) Approve an agreement between the Ocean Boulevard Partnership, Ocean Boulevard Partnership II and Collier County regarding maintenance for street light system on a segment of Creekside Boulevard lying between Creekside PUD and US 41. 2) Approval and execution of a lease agreement between Collier County and Pelconcepts Inc., for office space to be utilized by the Transportation Planning Department. 3) Recommendation that the Board of County Commissioners approve the Consent to Use Agreement between the Bay Colony Community Association and Collier County for a portion of the Water Management Easement for construction of a service road. 4) 5) 6) To approve the award of a construction contract to the lowest bidder, Florida State Underground, for the intersection improvements at Radio Road and Davis Boulevard (SR 84). The Bid No. for the project is 01-3269. Resolution of the Collier County Board of Commissioners approving the expenditures of funds for activities and incentive prizes for children active in the Walk our Children to School Day. Approve request to initiate alternative dispute resolution procedures of binding arbitration and pre-suit mediation in County construction contracts. 7) Approve Amendment No. I to the contract for professional engineering services by RWA, Inc. for Golden Gate Parkway six-laning design from Airport Road to Santa Barbara Boulevard, Project No. 60027. 8) Approve a Budget Amendment for sidewalk and material testing of structure appurtenances for the 13th Street SW Bridge Project. 9) Request Board waive daily right-of-way inspection fee for installation of force main lines along Chokoloskee Causeway by the City of Everglades. 10) Approve a Donation Agreement and accept a drainage easement from Douglas W. Fox and Nancy Sue Edwards. 11) Approve a Purchase Order to the City of Naples Airport Authority (NAA) for Airport Road turn lane safety improvements. 12) Request Board approval to transfer funds in the amount of $250,000 to the Collier County Airport Authority to assist in funding roadway improvements for the Immokalee Airport. C. PUBLIC UTILITIES 1) Approval of a Budget Amendment to provide sufficient funds for the September payment for mandatory trash collection services. 2) Approve a Resolution identifying the pledged revenues and authorizing the Public Utilities Administrator to execute any state revolving fund loan amendments. 9 September 11,2001 3) 4) 5) 6) 7) 8) 9) 10) 11) Approve Resolution supporting continued Federal Funding of coastal projects. Approve Work Order #VB-01-01 with Vanderbilt Bay Construction Inc. for construction of an addition to the Administration Building at the South County Water Reclamation Facility, Contract 99-2334, Project 73069. Approve a Change Order to Contract No. 00-3181, Collier Bay Entrance Dredging, Project No. 10258. Approve a Budget Amendment for the North County Water Reclamation Facility for $163,000 to be transferred from reserves to cover increased costs for chemicals, electricity and wastewater sludge hauling. Amend Professional Services Agreement for design and implementation of 30-inch parallel sewer force main on Immokalee Road, Contract 98- 2790, Project 73943. Approve a Consent Order with the State of Florida Department of Environmental Protection regarding the Collier County Beach Restoration Project. Award Bid #01-3249 for the purchase of aluminum sulfate for the Wastewater Department's Water Reclamation Facilities. Approve purchase of sodium chlorite based on quotations in excess of the $25,000 competitive bid threshold. Approve sole source acquisition of services for data conversion, modification design, and implementation assistance for the new Utility/Billing Customer Service, Work Order and Inventory Control Software. 12) Authorize purchase of Hersey Water Meters in excess of $25,000 from sole authorized distributor Hughes Supply Company. 13) Approve Tourist Development Category "A" funding applications for FY01/02. D. PUBLIC SERVICES 1) Approval of Work Order No. WD-045 for installation of Vineyards Community Park Effluent Irrigation Project. 2) Approval of a Resolution authorizing expenditure of funds for the United Way of Collier County campaign activities. 3) Approve Florida Recreation Development Assistance Program Project Grant Agreement between Collier County and State of Florida for improvements at Airport Park in Immokalee. 4) Approve a Purchase Agreement to allow for a walkway, bike path and green space to be constructed for recreational purposes. 10 September 11,2001 5) Award of Bid 01-3242 for the construction of concessions building at Tigertail Beach. 6) Approve name change for 951 Boat Ramp to Collier Boulevard Boating Park. 7) Recommendation to transfer funds from Operating Expenses to Personal Services and create corresponding County positions. 8) Approve committee shortlist selection of firms for contract negotiations for construction management at Risk Services for North Naples Regional Park (RFP #01-3189). 9) Roberts Ranch FL Department of State, Division of Historical Resources Grant. 10) Approval of the Grant Agreement accepting a Public Library Construction Grant to enlarge the Immokalee Branch Library. E. SUPPORT SERVICES 1) Approve agreements to license and implement new Financial Management System Solution (RFP 00-3188). 2) Approval of the Collier County Government Equal Employment Opportunity Plan. 3) Approval of a Budget Amendment to the Group Health Plan in the amount of $1,800,000 recognizing additional premium revenue and increasing budgeted expenditures for insurance claims, reinsurance and consultants fees through September 30, 2001. 4) 5) 6) Authorize acceptance of State funding for voting systems. Recommendation to adopt the 2002 Fiscal Year Pay and Classification Plan, pursuant to Section 125.74 (1) (h), Fla. Stat. Approve a Budget Amendment in FY2001 to decrease reserves and appropriate expenses in the Motor Pool Capital Recovery Fund (522) to provide collateral for early order of specified FY2002 new vehicle requirements and take advantage of early order discount incentives. 7) Approval of Maintenance Agreement for Sprint provided services. F. EMERGENCY SERVICES 1) Adopt a Resolution authorizing the acceptance of an agreement between the State of Florida, Department of Community Affairs and Collier County for funds to be used for shelter enhancement at Golden Terrace and Big Cypress Elementary Schools and approve a Budget Amendment to recognize and appropriate revenue. 11 September 11, 2001 2) 3) 4) Approval of an agreement between Collier County and Dr. Marta U. Coburn, MD, Florida District Twenty Medical Examiner for Collier County, Florida doing business as District Twenty Medical Examiner. Approval of a contract between Collier County and Robert Boyd Tober, Inc., for Medical Consulting Services as Medical Director for the Emergency Medical Services Department. Approval of an agreement between Collier County and the State of Florida, Department of Community Affairs for the review and update of hazardous analyses at designated facilities within Collier County that posses extremely hazardous substances at or above the threshold planning quantity. 5) Board approval of Budget Amendment to recognize additional carry forward and appropriate expenditures. 6) Approval of a Resolution amending the Collier County Ambulance Service User Fees. G. COUNTY MANAGER 1) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board's Scheduled Recess. H. AIRPORT AUTHORITY 1) Approving minor amendment to text of deed of conservation easement related to the Immokalee Regional Airport. 2) Approval of a Supplemental Grant for improvements to the T-Hanger Project at the Marco Island Executive Airport. 3) Approval of a Supplemental Grant to complete the T-Hanger Project at the Marco Island Executive Airport. 4) Recommendation to authorize the Board's Chairman to execute a Resolution and a "Memorandum of Understanding" related to the Deltona Settlement Agreement of 1982 and the Marco Island Executive Airport. 5) Approval of a Supplemental Grant for Improvements to the Parking Lot Project at the Marco Island Executive Airport. 6) Request approval to retire the $500,000 Tax Exempt Commercial Paper Loan. BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Certificate of Correction, Recommend Approval; Satisfaction of Lien: Need Motion authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 86-675-CFA, Recommend 12 September 11,2001 Approval; miscellaneous items to file for record with action as directed; Payment of Publication Notices for Unclaimed Funds by Clerk of Courts. K. OTHER CONSTITUTIONAL OFFICERS 1) 2) 3) Accept a Civil Traffic Infraction Hearing Officer Grant-in-Aid of $10,246 from the Office of the State Court Administrator and authorize Chairman to sign the amendment. Request Board authorization and expenditures of funds for the purchase and upgrade of telecommunications equipment to integrate the newly purchased building at 2373 Horseshoe Drive. Authorize acceptance of state funding for voter education and poll-worker recruitment and training. 4) Approval of Budget Amendment to recognize carryforward in the Confiscated Property Trust Fund. 5) Request the Board of County Commissioners approve a Budget Amendment transferring funds from general fund reserves to the Sheriff's office budget. L. COUNTY A'R'ORNEY 1) Recommendation that the Board of County Commissioners approve the settlement in Collier County v. National Union Insurance Company of Pittsburgh Pennsylvania and AIG Claims Services Inc., Case No. 00-2305- CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, for $16,000. Said settlement was arrived at during settlement negotiations. 2) 3) Request by the Collier County Industrial Development Authority for approval of a Resolution authorizing the authority to issue revenue bonds to be used to finance manufacturing facilities for Naples Lumber and Supply Company (Naples Lumber). Recommendation that the Board of County Commissioners authorize the County's application for Tax Deeds for a total of 7 County-Owned Tax Certificates, pursuant to §197.502(3), Fla. Stat., and authorize the forwarding of a notice to proceed with tax deed applications to the Tax Collector. 4) 5) Adopt a Resolution formally accepting a certain parcel of land previously conveyed by the Florida Department of Transportation within the Unincorporated Area of Collier County. Recommendation that the Board of County Commissioners approve the settlement in Kelly v. Collier County, prelitigation, but after notice of claim, pursuant to which the County would pay $15,000 and all claims against the County would be released, said $15,000 settlement was arrived at during settlement negotiations and prior to the institution of suit. 13 September 11,2001 17. 6) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel 349/349T in the Lawsuit entitled Collier County v. Kenneth Christie, et al, (Golden Gate Boulevard, Project No. 63041). 7) Request by the Collier County Educational Facilities Authority for approval of a Resolution authorizing the Authority to issue Revenue Bonds to be used for Finance Educational Facilities for International College. 8) Approve the Stipulated Final Judgment as to Parcels 114A and 114B in the Lawsuit entitled Collier County v. William Kramer, et al, Case No. 99- 3685-CA (Golden Gate Boulevard). 9) Approve the Stipulated Final Judgment relative to the condemnation of Parcel No. 99/915 in the Lawsuit styled Collier County v. Anthony D'Antuono, et al, Case No. 91-3983-CA. 10) Recommendation that the Board of County Commissioners approve and execute a Satisfaction of Lien arising out of an order imposing fine/lien in Code Enforcement Board case entitled Board of County Commissioners v. Mark G. Geatches. 11) Recommendation that the Board of County Commissioners approve the settlement in Daly v. Duchess Condominium Assoc., Inc., and Board of County Commissioners of Collier County, Case No. 99-0131-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would be dismissed with prejudice. Said $31,100 settlement was arrived at during a Mediation of the matter. 12) Approve the Stipulated Final Judgment relative to the condemnation of Parcel No. 126 in the Lawsuit styled Collier County v. Anthony F. Jancigar, as Trustee, et al, Case No. 00-0142-CA, Project 60111. 13) Recommendation that the Board of County Commissioners authorize the Office of the County Attorney and the Risk Management Department, pursuant to Resolution No. 95-632, to retain an attorney/law firm to represent Parks and Recreation Director Maria Ramsey in her individual capacity in the Lawsuit of Stauffer v. Collier County, Case No. 01-3051-CA, in the Twentieth Judicial Circuit in and for Collier County, Florida and exempt the retention of said attorney/law firm from any requirements for formal competition that may be applicable. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. 14 September 11, 2001 A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2001-AR-997, Collier County Community Development and Environmental Services, representing Collier County, requesting a street name change for a portion of Antigua Street to Samar Lane, located in Isles of Capri No. 3, in Section 32, Township 51 South, Range 26 East. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR-1138, Armando Parra Jr. representing Antonio Alfaro, requesting a 3.93 foot after-the-fact variance from the required 30-foot front yard setback to 26.07 for property located at 2272 52nd Lane SW, further described as Lot 2, Block 211, Golden Gate Unit 6, in Section 21, Township 49 South, Range 26 East, Collier County, Florida. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CCSL-2001-1, Ilene Barnett, o, Coastal Engineering Consultants Inc., representing the Registry Resort, requesting a Coastal Construction setback line variance to allow construction of dune walkovers, designated areas for beach concession storage, and pathways landward of the beach, located at the Collier County Clam Pass Park (See Exhibit A for Legal Description), Section 8, Township 49 South, Range 25 East, Collier County, FL. D. Ordinance amending Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District by deleting Moon Lake Units 1 and 2 from the Collier County Lighting District; providing for inclusion in Code of Laws and Ordinances; providing conflict and severability; providing an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 September 11, 2001 £RO LAA A T£oN ~/hereas, FIorida's greatest resource and most cherished treasures are indeed our youth, who truly have so much to offer.../nc/uded /n th/s popu/ation are those children w/th spec/a/needs who suffer from childhood cancer and b/oDd-related disease; and, V/hereas, while the research and treatment of today has extended the/ives and made a positive impact upon the life experiences of many of these children, and while the number of long-term survivors is steadily increasing, it is essential we work together as a people and as a State to ensure that this trend continues on the upsca/e; and, Whereas, dedicated organizations like Candle//ghters remain deeply committed to expond/n9 the resources and education available to families whose children have cancer or b/oDd-related disease; and, Whereas, Florida, whose NOW I fam//,'e~'° ~ C h)'/dhood institutions in the worm in cancer research the patients the name of Cc ~ers of Collier hated as DONE AND :MONTH. ~MISSIONERS ATTEST: DWIGHT E. BROCK, CLERK ,TAMES D. CARTER, Ph.D., CHAIRMAN AGENp~A ~ITEM NO. ~ SEP 11 Pcj. I 2001 PROCLA~A TION WHEREAS. industry in Collier county is vital to the community's economic health; and, WHEREAS, Collier County's existing industries are the key to o prosperous future; and, WHEREAS, the expansion of those industries accounts for the majority of new jobs created: and, WHEREAS, Collier County's industries help sustain our quality of life, exemplify high standards of excellence, and a pos/five, responsible approach to economic d/vers/f/cafion and community enhancement; and, WHEREAS, pub/lc know/edge of the contribufions made by industry/s essential to maintenance of good community-industry re/afionsh/ps. NOW THEREFORE. be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of September 17-21. 2001 be designated as Industry Apprec/afion Week and urge all res/dents to sa/ute our industries and their employees for their contr/bufion to our community. DONE AND ORDERED THIS 11 th Day of September, 2001. BOARD OF COUNTY COA4A~I$$IONER$ COLLIER COUNTY, FLORIDA A TTE$ T: JAMES D. CARTER, Ph.D., CHAIR/i~AN DWIGHT E BROCK, CLERK SEP 1 1 2001 PROCLA~A TZON WHEREAS, I~HEREAS, WHEREAS, WHEREAS. a Community Forum was hem at the Collier County Government Center to bring the entire communHy together to analyze c/vii rights issues; and, when civil rights are violated, all citizens are affecmd; and, it is o£ 9rear importance to establish common/cat/on be~veen ail sectors o£ our community and County off/c/a/s; and the c/vii rights o£ every c/dzen w/ii be improved by having better common/cat/on between the citizens o£ Co/i/er Coun~ and its NOW THEREFORe, the Board of County Commissioners of Coil/er Count/, F/or/da, Recognizes that August 9~ and 10~ were proc/aimed Community Forum Days in the City of Nap/es, and we urge ail res/dents to promote and preserve ali citizens' civil rights. DONE AND ORDERED THIS 11 th Day of September, 2001. BOARD OF COUNTY CO~4~4ISSIONERS COLLIER COUNTY, FLORIDA A TTES T~ ,TAMES D. CARTER, Ph.D., CHAIRMAN DIYI6HT E. BROCK, CLERK AGEI~A,,.~T E~ SEP 1 1 2001 Victor A, Vald6s, Chief Editor Naples. \Vcdncsdav.. August _..'~'~ 2001 Fora OlliF County Nlanagor- Chief l!×ccutix'o 333()1 'l'an-fiami 'Frail East Naples. Florida. 34112 'AUG z 3 1 lonorablo Tom ()llil' tiao proscn! l'm Fcquosting to a&h'css thc Board on ils next mooting scheduled Ibr q'l 1 ()1. l'hc sub cots to be pi'cs[hied to thc [~O',li'd [ifc [!lC lblloxxing: 1 ) Folloxx up to requested Proclamation to bc cna[tod by the Board rccogni/ing las £) RopoFt to tiao Bom'd: \Vhat 111o ['ommunit) FoFum cox el'cot b) What xxas accomplished c) Where arc xxc going t¥om hcl'c 20(}1 ('ommunit3 FoFum to: b) 'l'olll ()llil'tk ('ountx' Nlanagcr - Chief l:.xccutix c ~F-:NDA No. SEP P.O. Box 1()503, Naples, FI. 34t[)1'- i941 ) 417-7o8 Voice f'ax ('hicfl:!ditor a [.asNacitmcsNcxx s coq~ - l.asNacioncsNcxx s.com WHEREAS, WHEREAS, WHEREAS, WHEREAS, ' WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, PROCLAMA T'r ON Art/de ~ Sect/on 2 of the Un/ted 5tares Constitut/on defines the obliyation to reapportion the Un/ted 5totes Mouse of Representatives fol/owinE each decennial census "accord/nE to their respective numbers, which shall be determined by add/nE to the whole number of free persons,'" and, Article X, Sect/on 8, of the F/or/da Constitution estabh'$hes that "each decennial census of the state taken by the Un/ted States shall be the off/c/o/census of the state," and, the pr/mary federal statutes which must be considered in redistrict/m3 are the Voting R/Ehts Act of 1965, ,12 Un/ted States Code, 1975, and Public Law 94-171, pray/dinE for the uses of decennial- census population data in reapportion/nE and redistrict/nE United States Mouse of Representatives; and, the F/or/da Legislature has been in receipt of Public Law 94-171 population data from the 2000 Un/ted States Census since ~larch ZT, 2001 and has begun the process of draw/nE new boundaries for Florida's 25 Lt. S. Mouse conEress/onal districts; and, since I992, Coil/er and ne/Ehbor/m3 Lee County have been included in ConEress/onal District 14 and have been well served by Congressman Porter Goss, a representative familiar w/th the common needs and economic interests of both count/es,' and, ConEress/ona/ D/strict 14 has demonstrated that it is aeoEraphica//y compact, and economically and poh't/ca//y cohesive w/th no h/story of thwart/nE m/nor/ty-ErouP interests; and, exist/nE D/strict 14 respects exist/~E poh'tical boundaries and shared topoEraph/cal features des/Ened w/th strict adherence to the equal population one person-one vote rule; and Coil/er and Lee counties are located in southwest F/or/da with communities of interest shared commonly with its ne/EhborinE west- coast count/es; and, /ncludinE Coil/er County in a new congressional district w/th southeast Florida's Broward, ddiami/Dade, and/or Affonroe count/es would create an asymmetric D/strict inconsistent w/th standards important to the ex/st/nE district's citizens; and, the Citizens For Fair Red/strict/nE, a political act/on committee comprised of both major poi/t/ca/parties, was established for the purpose of support/nE efforts to ensure that Coil/er and Lee count/es remain al/Ened w/th ne/~hbor/nE west-coast counHes fo/Iow/nE the completion of the red/str/ct/na process initiated recently by the F/or/da LeE/s/ature; and, AGENDA ITEM SEP I 1 2001 WHEREAS, at a r¢gularly-scheduled meeting3 of the Collier County Board of Commissioners on Zuly 31, 2001, Citizens For Fair l~edistricting appealed to the Board of Commissioners to support their efforts. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Co//ier County, F/or/da that on beha/f of the citizens of Co/lief County, we support Citizens For Fair l?edistrictin~ in their efforts to ensure that durin~ the redistrictin~ process Co/lief Count? be aligned w/th/ts contiguous west-coast counties and communities of interest and not be included in Con~3ressional Districts extendin~ from Florida's southeast counties of Broward, A~iami/Dade, or Adonroe. DONE AND ORDERED THIS l lTH boy of September, 2001 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES b. CARTER, Ph.D., CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK WHEREAS, PROCLAMATION Florida has been shown to be the state that could most benefit from improvements to the walking environment, with children identified as the biggest benefactors of improved safety conditions; and, WHEREAS, the Board of County Commissioners is committed to the safe travel of children to and from school; and, WHEREAS, Collier County has been active in efforts to increase opportunities for walking as an activity and mode of travel through its alliance with the MPa Bicycle and Pedestrian Program; and, WHEREAS, walking to school promotes child development, teaches independence, and improves local traffic and air quality; and, WHEREAS, escorting a child to school hand-in-hand is a pursuit in keeping with quality time and family values. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 2,200! be designated as Collier County Walk Our Children to School Day. DONE AND ORDERED THIS 11th Day of September, 200! BOARD OF COUNTY COMMISSIONER5 COLbIER COUNTY, FLORIDA ATTEST: ~TAME5 D. CARTER, PH.D., CHAIRMAN DWIGHT E. BROCK, CLERK SEP 11 2001 RROCLA~A TION WHEREAS. WHEREAS, WHEREAS, WHEREAS, WHEREA~, ~VHEREA$, 141HEREA~, WHEREAS, 14artha Skinner has worked in the ~ocial Services Department since October of 1969: and, during that time, ~4artha Skinner has consistently demonstrated a dedication to serving the citizens of Collier County that has been unsurpassed; a dedication that has lead her to devote her entire ca~eee ~o imp~ovin9 ~he quali~ of life fo~ ~he ciHzen~ of ~hi$ Coun~ by peomoHn9 hearth and well-bein9, foate~in9 ~elf-. ~ufficiency, and p~o~ecHn9 ~he vulnerable populoHons within ou~ communi~; and, ~a~ha ~ dedicaHon, commHmen?, and leadership have helped earn ~he Collie~ CounW ~ocial ~e~vices Department a reputation a~ one of ~he p~emie~, human-~e~vice~ agencie~ wHhin ou~ ~?am and communi~; and, ~he 5Dalai 5ervice~ ~epae~men~ ha~, ~hroughou~ ~ae~ha ~ ~enu~e, peovided assia~ance m ove~ a holf-mi~ion of thi~ a~ea ~ ~oo~ and eldeHy eesiden~; and, ~ae?ha 5kinney, duein9 he~ ~enu~e has ~e~ved unde~ ~even Coun~ ~anage~ and ?hi~ one County Comm~ioner~; and, ~a~ho i~ a ~espec~ed leade~ among he~ peers ~heoughout the 5m~e of Florida; and, ~ae~ha i~ ~e~pecmd and recognized by ~he Florida AssociaHon of Counde~ a~ one of ~he oum~andin9, local Iobbyi~ in the ~?am of FIo~da where ~he ha~ successfully ~ep~e~enmd and defended Collie~ Coun~ ~ poor and elderly foe ove~ ~hree decade~; and, ~ar~ha ha~ decided to reffee from Collier CounW employmen~ af~e~ 32 yeoe~ of exemplary ~ervice. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of' Collier County, Florida, that ~eptember 11, 200I be designated as 14artha Skinner Day. DONE AND ORDERED THIS I 1 th Day of September 2001. BOARD OF COUNTY COmmISSIONERS COLLIER COUNTY, FLORIDA A TTE$ T: DV~/I6HT E BROCK, CLERK uTAtI4E5 D. CARTER, Ph.D., CHAIRA4AN ! PROCLAA4A TION ~VHEQEA$, the Naples area was once again represented by the ~reater Naples ~/r/s' £/ttle League Sen/or League Braves/n a softball tournament hem/n Or/do, /=/or/da, Fort layers, /=/or/da and Kirk/and, ~Vash/ngton during August ZOO2; and, the Nap/es Braves captured their second consecutive World Series and an unprecedented thirteenth champ/unship/n one years; and, by their exemplary performance and personal dedication, both on and off the £/eld, these young ladies have served as rom models for the young people of our area; and, t4/HEREA$, the Cailler these au to be represented by NOW as ZOO1 be DONE AND CHAIQ~AN COLLIER COUNTY MANAGER'S OFFICE July 13, 2001 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Virgil Cottongim 3090 64th Street SW Naples FL 34105 Re: Request for Public Petition regarding Interchange at Golden Gate Parkway Dear Mr. Cottongim: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 11, 2001 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, TWO:mjb Cc: County Attorney Norman Feder, Administrator, Transportation Services John Dunnuck, Interim Administrator, Community Development FM: Virgil Cottongim 309O 64th St. SW Naples, FL 34105 262-2656 ***This letter is asking to have this issue placed on the Commission Agenda for discussion, as per our phone conversation a few days ago:*** This request has to do with the new 'proposed' Interchange at Golden Gate Parkway @ 1-75. Being among the most affected homeowners where this Interchange is going to be built, my wife and I am concerned with the proposed design of the on-off ramps. We have lived in this location for 23 years, what concerns us about this Interchange is, for the most part it is going to be a minimum on-off, like Pine Ridge and Immokalee Rd., and that will prove to be a disasterl The Golden Gate Interchange, when finished, as everyone in Naples knows, will immediately become the #1 get on-off in Collier County. We aJready know what is happening at the mentioned Interchanges, gridlock in the morning and aftemoon! Traffic is backed up from 1-75 west PAST Airport Rd, on the East, very near to Hwy. 951. When the Golden Gate Parkway Interchange is finished, almost immediately, traffic will be backed up on the West all the way to US 41, and on the East clear around the corner at Hwy. 951 ! Just look at what is being built down the road from us here on the Parkway, Gray Oaks, a 250 room hotel and golf course and a shopping center at Airport Rd! The on ramp to Miami-Lauderdale will wrap right around our property and block us in, because our street, 64TH SW, will be blocked off and we will be muted out west of us on to 66TH St., then right to the Parkway, where there will be a traffic light which will change, and change, and change, while we sit and wait and wait, and wait, for the traffic jam to clearl It will be almost impossible for anyone on the Parkway to move in or out except for maybe from 10 AM to 3PM, or, of course, before 6AM or after 6PM... (We could get a slight bit of relief if our new escape route was cut on through to the new Livingston Rd.) Sure the county is going to 6-lane the Parkway! That surely will not solve the problem. No more than two or three year after it is built, (it will take that long for everyone to 'swallow' the Crow and admit they made a mistake), the County and the State will be in a quandary about what in the world to do with this awful mess that should have been designed better when it was builtl The Collier County Commission is elected to represent the citizens of Collier County... Ordinances are passed every day to somehow regulate the No._ SEP 11 2001 Pg.__ Page 2 of 2 business and the people in the county, supposedly for the benefit of, or for the protection of, all Collier Citizens... Zoning laws and code enforcement rules constantly outrage citizens for what they see as 'over-regulation' by the authorities, the authorities, of course, see the regulation as necessary for the orderly and controlled buildout of the county, (the county is 'just doing it's job'...) With that in mind, we know that if some business comes in that seems detrimental to the 'climate' in the county, the Commission will vote to deny it. The same should be true for ANY endeavor, be it 'business', or 'state,' wherefore my request; I submit to you, the Interchange at the Golden Gate Parkway will create a bigger traffic disaster than Pine Ridge and Immokalee Rd. combined! I submit to you, the property owners in this area will be adversely affected. I submit to you, if it is your position to legislate controls on the businesses and the people of this county for the benefit of all, it is your duty to challenge the state of Florida on the design of this intersection that will adversely affect the citizens! The state of Florida is a mindless pile of bureaucrats that grows and oozes and things fall where they may with no earthly idea how or why it affects the people in its path... Granted, they hold 'meetings' and 'let the citizens take part' in the discussion as to the design of this road, but you and I know that is to pacify us and 'patronize' us and means absolutely zero to those that come here and put on their 'show'... And it is true that some fellow has formed a citizen's committee out here and has lobbied for the present interchange, but you should know that the group does not represent most of the folks on this road, he does not represent my wife and I. I hold that the fellow who formed the citizen's group has 'ulterior motives'... We need to look at the overall picture on what is best for the movement of traffic here in the near future. I am requesting that you make this Interchange at the Golden Gate Parkway an issue of concern for the benefit of this county and demand the state build a full cloverleaf design Interchange at this location. If the State does not respond favorably, I am requesting the Collier County Commission sue the State in court to force compliance. It is our County. We know what will happen, as I have mentioned. The state knows nothing about us, we should dictate to them, they owe it to us to listen, you owe it to us to bring it to them... Virgil Cottongim 7/10/2001 EXECUTIVE SUMMARY PUDZ-2001-AR-383, MCANLY ENGINEERING AND DESIGN, INC., REPRESENTING MIKE BOZZO, SR., REQUESTING A REZONE FROM "C-I" AND "C-I/ST" TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS PARK CENTRAL NORTH PUD FOR A MAXIMUM OF 36,000 SQ. FT. OF COMMERCIAL OFFICE USES FOR PROPERTY LOCATED IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF AIRPORT- PULLING ROAD AND PINE RIDGE ROAD APPROXIMATELY 1000 FEET NORTH OF PINE RIDGE ROAD, IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 3.78+_ ACRES. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The property is located in the northeast quadrant of the intersection of Airport Road and Pine Ridge Road. It is immediately south of Cougar Drive and borders the existing Park Central office complex to the south. The subject property is currently zoned C-1 and C-I/ST. The petitioner proposes to rezone the site to PUD and designate a preserve area on site. The site is 3.78 acres in size and the petitioner proposes 36,000 square feet of commercial office and medical office. Because of the size and configuration of the wetland on site, the footprints of the buildings are limited in size. The proposed PUD limits the maximum building height to 45 feet. The height limit in the C-1 district is 35 feet. Because of the large wetland on site, the petitioner proposes to increase the building height in order to keep the building footprints small, allowing greater wetland preservation while maintaining the commercial square footage associated with a parcel of this size. This concept received unanimous approval from the Environmental Advisory Council. The PUD further limits buildings adjacent to Cougar Drive to 35 feet. Since this is the area closest to the Tall Pines subdivision, a 35-foot height limit (the same height limit as the RSF-3 district) will provide a visual transition to the 45-foot buildings on the south portion of the PUD. AGENI~A ITEM SEP Il 2001 The proposed uses in this commercial PUD are generally consistent with the uses in the C-1 (Professional Office) district. The proposed uses not found in the C-1 district can be found on page 3 of the CCPC Staff Report. The Transportation Planning staff has reviewed the applicant's Traffic Impact Statement (TIS). The proposed rezone will generate approximately 1,260 weekday trips. The current traffic count for the segment of Airport Pulling Road fronting the project is 33,797 and is operating at LOS "C". Based on the analysis in the TIS, the site-generated trips will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Airport Pulling Road fronting the project and on Pine Ridge Road within the project's radius of development influence. The entrance to the PUD is from YMCA Road to the south, through an easement across the Park Central office park. Therefore, it will appear as if this PUD is "phase II" of the existing office park. There is no access from Cougar Drive or Airport Pulling Road. FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However', if this request meets its objective, a portion of the existing land will be tSrther developed. The mere fact that new de9elopment has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: · Libraries Impact Fee: · Fire Impact Fee: · RoadImpact Fee: · Correctional Facility: · Radon Impact Fee: · B.C.A.I. Impact Fee: · EMS Impact Fee: $578.00 $180.52 $0.30 per square tbot under roof $2,453.00 per 1,000 square feet $1.3260 per square foot $0.005 per square foot under roof $0.005 per square foot under roof $299.00 per 1,000 square feet The total amount of impact fees for the commercial area is $158,726.52. It should be noted that because impact fees vary by type of commercial development, and because this approval does not provide this level of specificity as to the actual size and type of use, the total impact fees quoted above is at best raw estimates. SEP 11 2001 Additionally, there is no guarantee that the project at build-out will have maximized their authorized level of development. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system when required. Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorum tax rates. The revenue that will be generated depends on the value of the improvements. At this point in time staff has not developed a method to arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship, development takes place in an environment of concurrency management. When level of service requirements fall below adopted standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban-Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the subject site is located in Activity Center 13, is eligible for up to 100% commercial, and is subject to the criteria identified in the Mixed Use Activity Center Subdistrict. Comprehensive Planning staff believes that the criteria have been adequately addressed. Based on the above analysis, the proposed commercial uses contained in this PUD Document may be deemed consistent with the FLUE. This petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the GMP. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.1 and 3.15 of the Collier County LDC. ENVIRONMENTAL ISSUES: The petitioner has submitted an Environmental Impact Statement (EIS) that indicates that the site contains 1.6-acres of SFWMD jurisdictional wetlands. The petitioner proposes to preserve 1.29 acres (32%) of the existing native vegetation on site. This exceeds the 10% requirement in the Land Development Code. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition at its meeting of July 3, 2001. The EAC forwarded the Park Central North PUD to the Board of County Commissioners with a unanimous (7 to 0) recommendation of approval SEP 11 2001 3 PS. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on August 16, 2001 and by a 4 to 1 vote, forwarded this petition to the Board of County Commissioners (BCC) with a recommendation of approval. Commissioner Richardson cast the dissenting vote and stated that the proposed 36,000 square feet of office development was too intense for the "buildable area" (the net acreage after subtracting the wetland). PLANNING SERVICES STAFF RECOMMENDATION: Planning Services Staff has referred this petition to all appropriate County Agencies for their review and recommendation. Based upon their analysis, staff recommends approval of Petition PUDZ-2001- AR-383 subject to the conditions of approval as described the PUD document and attached to the Ordinance of Adoption and Exhibits made a part of this executive summary. PREPA~ BY: FREDREISCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: CURRENT PLANNING MANAGER THOMAS E. KUCK, PE INTERIM, PLAI'~I~G SERVICES DIRECTOR NO~RMA ~N E.~~D~E~R, AICP ~ N TRANSPORTATIO ADMINISTRATOR DATE DATE BY: JOHN Mt'~)UNNUCK, III' DATE INTERIM3COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL JULY 31, 2001 PETITION: SERVICES PUDA-2001-AR-383, PARK CENTRAL NORTH PUD OWNER/AGENT: Agent: Gina R. Green, PE McAnly Engineering & Design, Inc. 5435 Park Central Court Naples, FL 34119 Owner: Mike Bozzo, Sr. 56 Royal Berkdale Place Springboro, Ohio 45066 REQUESTED ACTION: This petition seeks to rezone a parcel of land from C-1 and C-l/ST (Commercial Professional district, Special Treatment Overlay) to the Park Central North PUD. GEOGRAPHIC LOCATION: The property is located in the northeast quadrant of the intersection of Airport Road and Pine Ridge Road. It is immediately south of Cougar Drive and borders the Park Central office complex to the south. SEP 11 2001 III / l ' PURPOSE/DESCRIPTION OF PROJECT: The subject property is currently zoned C-1 and C-l/ST. The petitioner proposes to rezone the site to PUD and designate a preserve area on site. The site is 3.78 acres and the petitioner proposes 36,000 square feet of commercial and medical office. Because of the size and configuration of the wetland on site, the footprints of the buildings are limited in size. Therefore the PUD differs from the current C-1 zoning, by increasing the maximum building height from 35 feet to 45 feet, except along Cougar Drive. Access to the site will be at the southeast comer of the project from the neighboring "Park Central" office park to the south. No access from Cougar Drive or Airport Road is proposed. SURROUNDING LAND USE AND ZONING: Subject Parcel: Undeveloped land; zoned C-1 and C-I/ST Surrounding: North: Cougar Drive ROW across which is the Tall Pines subdivision; zoned RSF-3 East: Collier County YMCA; zoned CF South: Park Central office complex; zoned C-1 and C-l/ST West: Airport Road canal and Airport Road ROW, across which is an automobile dealership; zoned C-5 GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the subject site is located in Activity Center 13, is eligible for up to 100% commercial uses, and is subject to the criteria identified in the Mixed Use Activity Center Subdistrict. Comprehensive Planning staff believes that the criteria have been adequately addressed. Based on the above analysis, the proposed commercial uses contained in this PUD Document may be deemed consistent with the FLUE. SEP 11 2001 HISTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE' The proposed impact of the PUD on transportation, infrastructure, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. ANALYSIS: The proposed uses in this commercial PUD are generally consistent with the uses in the C-1 (Professional Office) district. The proposed uses not found in the C-1 district include: Landscape and Horticultural Service (I): This is office-only, outdoor storage is not allowed as a permitted or accessory use. Finance, Insurance And Real Estate (C-l, C-2, & C-3): The most intense use in this group is a Federal Bank. Photocopying and Duplicating Service (C-2): A use normally used by other businesses. Specialty Outpatient Facilities (C-4): These uses are normally associated with a medical center (alcohol treatment, birth control clinics and detoxification centers). Since there is no direct access from the proposed PUD to the residential development across Cougar Drive, there is little danger of "high-risk" outpatients meandering into Tall Pines. Commercial Economic, Sociological and Educational research (C-4): Market research. Government Offices (C-3): This classification includes government offices and legislative bodies. The proposed PUD limits the maximum building height to 45 feet. The height limit in the C-1 district is 35 feet. Because of the large wetland on site, the petitioner proposes to increase the building height in order to keep the building footprints small, allowing greater wetland preservation. This concept received unanimous approval from the Environmental Advisory Council. The PUD further limits buildings adjacent to Cougar Drive to 35 feet. Since this is the area closest to the Tall Pines subdivision, a 35-foot height limit (the same height limit as the RSF-3 district) will provide a transition to the 45-foot buildings on the south portion of the PUD. The entrance to the PUD is from YMCA Road to the south, through an easemer Central office park. Therefore, it wilt appear as if this PUD is "phase II" of the exisl t acrrn~:i~ ~lt~k ~ lng o~ce par_k~ SEP ~001 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition at its meeting o£ July 3, 2001. The EAC £orwarded the Park Central North PUD to the Board of County Commissioners with a unanimous recommendation o£ approval. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUDZ-2001-AR-383 to the Board o£ County Commissioners. SEP 11 2001 PREPARED BY: Fp D XSCHL, PRII~C~ PLANNER 7. DATE REVIEWED BY: SI~SAN MURRAY, AICP CURRENT PLANNING MANAGER THOMAS E. KUCK, PE INTERIM PLANNING SERVICES DIRECTOR v///a/ DATE APPROVED BY: DATE 'DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition Number PUDA-2001-AR-383 Staff Report for the August 16, 2001 CCPC meeting. COLLIER COUNTY PLANNIN~ COMMISSION: JOYCEANN~ J. RAUTIO, CH~ g/admin/PUDA-2001-AR-383/STAFF REPORT/fi. A~A ITE~ SEP 11 200~ ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JULY 3, 2001. Item IV.i NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUDZ-2001-AR-383 Park Central North PUD Mike Bozzo, Sr. McAnly Engineering and Design, Inc. Butler Environmental, Inc. II. III. IV. LOCATION: The subject property is an undeveloped 3.78 acre parcel located on the east side of Airport-Pulling Road, approximately 1000 feet north of Pine Ridge Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida. Cougar Drive borders the north side of the property. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties are either developed or partially developed. ZONING N - School Board Easement RSF-3 (Tall Pines) S - C- 1 (Park Central) E- CF (Y.M.C.A.) W - R.O.W. C-5 (Bed Bath & Beyond Plaza) PROJECT DESCRIPTION: DESCRIPTION Cougar Drive Partially Developed Developed Developed Airport-Pullin g Road Developed The subject property is cun'ently zoned C-1 and C-I/ST. The petitioner propos_es to rezone the site to PUD and designate a preserve area on site. Ac, E~;(r~ SEP Il 2001 EAC Meeting Page 2 o f 10 The site is 3.78 acres and the petitioner proposes 36,000 square feet of commercial and medical office. Because of the size and configuration of the wetland on site, the footprints of the buildings are limited in size. Therefore the PUD differs from the current C-I zoning, by increasing the maximum building height from 35 feet to 45 feet. Access to the site will be at the southeast comer of the project from the neighboring "Park Central" office park to the south. No access from Cougar Drive or Airport Road is proposed GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban-Commercial District, Mixed Use Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the subject site is located in Activity Center 13, is eligible for up to 100% commercial, and is subject to the criteria identified in the Mixed Use Activity Center Subdistrict. Comprehensive Planning staff believes that the criteria have been adequately addressed. Based on the above analysis, the proposed commercial uses contained in this PUD Document may be deemed consistent with the FLUE. Conservation & Coastal Management Element: Objective 2.2. of the Conservation and Coastal Management Element of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, storrnwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water (discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing lakes and interconnected wetlands to provide water quality ret flow attenuation during storm events. SEP 11 2001 EAC Meeting Page 3 of 10 Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3". Policy 6.2.10 states, "Any development activity within a viable naturally functioning fresh-water wetland not part of a contiguous flow way shall be mitigated in accordance with current SFWMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". Policy 6.2.13 states, "Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre- development hydroperiod". Objective 6.3 states, "A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DEP and the COE permitting process and approved by the County". Objective 6.4 states," A portion of each viable, naturally functioning non-wetland native habitat shall be preserved or retained as appropriate". Policy 6.4.4 states, Any development proposal in a "ST" zoned area or any other area designated "environmentally sensitive" shall have a site inspection, where appropriate, by County staff and be reviewed for approval as defined in the "ST" zoning procedure. Policy 6.4.7 states, "All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity". This petition is consistent with staff's policy, as directed by the Board of County Commissioners, to allow for impacts to jurisdictional wetlands when State and Federal agency permits are issued. The petition is consistent with Objec :vv. 5. ~ in - SEP 11 2001 EAC Meeting Page 4 of 10 VI. that it exceeds the 10% on-site native vegetation preservation pursuant to Policy 6.4.7. MAJOR ISSUES: Water Management: This project is within the Airport Road Canal south Basin and has an allowable discharge of 0.06 cfs/ac. The internal stormwater management system consists of interconnected swales and dry detention areas to provide for water quality retention and peak flow attenuation. Discharge is into the Airport Road Canal, which runs along the west property line of the project. The SFWMD will be the review agency for the stormwater management portion of this project and a SFW~MD Surface Water Management Permit must be obtained prior to Site Development Plan approval. Environmental: Site Description: The subject property is an undeveloped 3.78 acre parcel zoned C-1 with an ST (Special Treatment) overlay over a portion of the site. The property to the south is also zoned C-1 with an ST area. This ST area has been preserved and is immediately adjacent to the preserve proposed on the subject property. Native habitats on site include cypress, pine-cypress and pine flatwoods. The most noticeable feature on the property is a fairly mature 1.00 acre cypress stand, bordering Airport-Pulling Road. SEP 11 2001 EAC Meeting Page 5 of 10 FLUCFCS Code 6210 Cypress According to the Collier County Soil Survey prepared by the Natural Resources Conservation Service (NRCS), three soil types occur on the project site. These include Boca Fine Sand (Unit 21), Urban Land (Unit 32) and Urban Land - Matlacha-Boca Complex (Unit 38). The majority of the site consists of Boca Fine Sand (Unit 21). All soils on site are considered non-hydric by the NRCS. Wetlands: The proposed project will result in approximately 0.40 acres of direct i~npacts to SFWMD jurisdictional wetlands, necessary for a portion of the parking lot and building construction. In order to preserve a larger area of higher quality wetlands, proposed impacts are concentrated on the eastern portion of the site where uplands and exotic infestation are greatest. Approximately 1.20 acres (75%) of the wetlands on site will be preserved. AGENDA field SEP 11 2001 EAC Meeting }'age 6 of 10 FLUCFCS Code 4119 Pine Flatwoods with Exotics Compensation for wetland impacts will include the preservation and enhancement of the remaining 1.20 acres of wetland habitat and 0.09 acres of upland habitat on site. Enhancement will include removal of exotic vegetation such as Brazilian pepper, Melaleuca, downy rosemyrtle and climbing fern. Some or all of the on- site wetlands may be considered secondarily impacted by one or more of the permitting agencies. The amount of these secondary impacts will be determined during permitting process with the agencies. Seasonal high water levels for the project were estimated by using biological indicators (i.e. lichen lines, water marks, buttressing on cypress, etc.), of water levels on site. Based on this, it is estimated that the seasonal high water level for the property is approximately 9.02 feet NGVD and the average historical high water level is 9.67 feet NGVD. Existing ground elevations in the deeper areas of the cypress stand range from 8.29 to 8.34 t'eet NGVD with an average elevation of 8.32 feet NGVD. The elevation near the northern perimeter of the cypress stand is 9.78 feet NGVD, while the average elevation at the southern boundary is 8.31 feet NGVD. SEP 11 2001 EAC Meeting Page 7 of 10 VII. FLUCFCS Code 4159 Pine & Cypress with Exotics Preservation Require~nents: The site plan proposes to preserve 1.29 acres (32%) of the existing native vegetation on site. This exceeds the 10% native vegetation preservation requirement in section 3.9.5.5.4 of the Land Development Code. Listed Species: An endangered species survey was conducted during the month of May 1999. No endangered animal or plant species were observed during the survey. The only listed species, which may be expected to use the site, are wading birds along the fringe of the canal along Airport-Pulling Road. The majority of the cypress forest on site will be preserved to provide potential foraging and perching habitat for listed species, which may use the site. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2001-AR- 383 "PaFk Central North PUD" with the following stipulations: Water Management: 1. A SFWMD Surface Water ManagemeHt Permit retest be obtained prioF to Site Development Plan approval ~ I~ Environn~ental: ~ ~~- SEP ]1 2001 EAC Meeting Page 8 of 10 No additional stipulations. EAC Meeting Page 9 of 10 PREPARED BY: ./~/ ST/~N CHRZANOWS .J4I, P.E. SENIOR ENGINEER t/ DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST DATE REVIEWED BY: FR~D'~)EISCHL, AICP PRINCIPAL PLANNER DATE i/SUSAN MURRAY, AICP ~ INTERIM CURRENT PLANNING MANAGER o/ DATE THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: DATE SEP 11 2001 EAC Meeting Page l0 of 10 ADMINISTRATOR DATE ENVIRONMENTAL SERVICES ENVIRONMENTAL ADVISORY COUNCIL ldgdh/c: ~taffRe~ A ~It~A ITEM SEP 11 200'1 FINDINGS FOR PUD PUDZ-2001-AR-383 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) The subject property is within Activity Center 13. (ii) The subject property is served by a network of County roads, all of which are within the urbanized area providing access to the site by the community. (iii) Staff analysis supports the suitability of the land for the uses proposed. Con: (i) As with all actions that intensify urban development patterns there is some loss to travel time for users of the same arterial road system. Summary pattern of contained developed Finding: Jurisdictional reviews by County staff support the manner and development proposed for the subject property. Development conditions in the PUD document give assurance that all infrastructure will be and be consistent with County regulations. e Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Summary Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: The development strategy for the subject property is entirely c the goals, objectives and policies of the Growth Management Plan. SEP 11 2001 Con: Evaluation not applicable. Summary Finding: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Additional Finding: The subject property is designated Urban Commercial District, Activity Center Subdistrict on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for commercial purposes. This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan, as note below: Future Land Use Element - Consistency with FLUE requirements is further described as follows: Land Use - The Activity Center Subdistrict allows commercial land use and related activities. Transportation Element - Analysis of the subject petition concluded with a finding that this petition is consistent with the policies of the TE. Recreation and Open Space Element - Thirty (30%) percent or more of the land area is to be used as open space consisting of a wetland areas, lakes and landscape buffers. Other Applicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Park Central North PUD is entirely consistent with provisions of the Collier County GMP. Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro/Con: Evaluation not applicable. Summary Finding: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Developmen: Code.t.~_~s,,g_r~.C~_,.,~ harmonious relationships between projects. Ac,,r~qOA Fr~ SEP 11 2001 The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Summary Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Summary Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report. Relative to this petition, development of the subject property is timely, because supporting infrastructure is available. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. Pro/Con: Evaluation not applicable. Summary Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards used for in the Commercial zoning district. SEP 11 2001 REZONE FINDINGS PETITION PUDA-2001-AR-383 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: The subject petition has been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. The existing land use pattern. Pro: The parcel in question is located within an activity center and is currently zoned commercial. Con: Evaluation not applicable. Summary Findings: The proposed land use is consistent with the existing and future land use pattern in the area. e The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: The proposed PUD is currently zoned commercial and is adjacent to property zoned commercial. It will not create an isolated district. Con: Evaluation not applicable. SEP 11 2001 Summary Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is located adjacent to a parcel that is zoned commercial. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: Evaluation not applicable. Summary Findings: The boundaries have been determined to be logically drawn during the zoning re-evaluation process. Se Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: Changing conditions have not made this request necessary. Con: Evaluation not applicable. Summary Findings: Changing conditions have not affected the submittal of this amendment. e Whether the proposed change will adversely influence living conditions in the neighborhood. Pro The proposed PUD limits building height in the vicinity of the residential subdivision to the same building height as in the residential subdivision. Con: The office park will generate additional traffic as compared to the undeveloped land. Summary Findings: Building heights will provide a staggered transition from the residential area to the taller office buildings. Traffic will increase with any development on the site, which is currently zoned C-1. SEP 11 2001 J Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: (i) An action to rezone the property as requested is consistent with all applicable traffic circulation elements. (ii) The property has access from an easement across the Park Central office complex. Con: (i) An office park will generate additional traffic compared with the undeveloped land. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statement advising that this project when developed will not excessively increase traffic congestion. Se Whether the proposed change will create a drainage problem; Pro: The site will be designed to utilize the existing stormwater management system. Con: Evaluation not applicable. Summary Findings: This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed office park will be required to meet the required yards and building heights which are designed to protect the circulation of light and air to adjacent areas. Con: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards apply in the proposed Park Central North PUD and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. SEP 11 2001 pg. "~..~ 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: The property is currently zoned C-l, and the proposed uses are similar to the C-1 district. Con: Building heights in some areas of the project could be up to 45 feet. Summary Findings: This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The fact that a property changes development standards may or may not affect value. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined xvith the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findings: The proposed PUD complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; AC.~r_NDA ITE~ SEP 11 2001 Pro/Con: Evaluation not applicable. Summary Findings: The subject property could be developed in accordance with the existing zoning. However, the petitioner wishes to construct 36,000 square feet of gross leasable floor area (approximately 10,000 square feet per acre). 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development is in an activity center and complies with the Growth Management Plan. Con: Evaluation not applicable. Summary Findings: The office park is within an activity center on a parcel that is currently zoned commercial; therefore it is not out of scale with the neighborhood or the County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many sites that are zoned to accommodate the proposed office park. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: The development of the property is constrained by the large wetland on site that limits the size of the building footprints and infrastructure.. SEP 11 2001 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. AGF~IDA SEP I1 2001 McANLY ENGINEERING i I AND DESIGN INC. LAND SURVEYING LANDSCAPE ARCHITECTURe. February 6, 2001 Mr. Fred Reischl, Principal Planner Community. Development and Environmental Services Center 2800 North Horseshoe Drive Naples, Florida 34104 Re: PUD Rezoning Petition Project: Park Central North PUD Location: Sections 12, Township 49 South, Range 25 East, Collier County, Florida Dear Mr. Reischh Pursuant to our Pre-application Conference of November 20, 2000, please find the attached application petitioning Collier County's Board of County Commissioners for a PUD rezoning from the C-I (ST), Commercial Professional Zoning Designation with Special Treatment Overlay. The subject property, being 3.78 acres will provide for 36,000 square feet of oflice commercial land uses. You will lind check #1246, to satisfy, the PUD rezoning application and processing costs which were calculated utilizing the fee schedule adopted through Resolution No. 99-.~_8. $2,500.00 + $25.00/acre (~ 3.78 acres) = $2,594.50 The following documentation is included in the 17 copies of the petition application package: 2. 3. 4. 5. 6. 7. 8. 9. PUD Rezoning Application PUD Document Environmental Impact Statement Traffic Impact Statement Commercial Demand Analysis Conceptual Water Management Computations PUD Master Plan Aerial Photograph Boundary Survey Should address your concerns. Dwight Nadeau, Planning Director you have any questions regarding this request, please call me so that I, or the other consultants may Enclosures Cc: Client File SEP 11 200'1 5435 PARK CENTRAL COURT, NAPLES, FLORIDA 34109 MAILING ADDRESS: P.O. BOX 11717, NAPLES. FLORIDA 34101-1717 (941) 593-3299 FAX (941) 593-3298 N.T.S, k~KE BOZZO, Scl. ~o'~cTPAR~ CENTRAL NORTH PUD VICINITY MAP ..T.~ I~': ~-"'"1~':'"~"1°~ .12ooo McANLY ENGINEERING AND DESIGN INC. COt:~'RIGHT, 2000 BY W~ANLY EN~IN~:Z~JHG AHD DE~IGN. IN~. ALL RI~T~ RE~_RVEI3 Nn I RE~S PROJECT: 000405 APPLICATION FOR PUBLIC HEARING FOR:PUD REZONE Petition No..: Commission District: Date Petition Received: Planner Assigned: ~ P&--/.~dT./'--/&--- General Information: Name of Applicant(s) ABOVE TO BE COMPLETED BY STAFF Mike Bozzo. Sr. Applicant's Mailing Address Citv Springboro State Applicant's Telephone #: (513) 748-0493 Name of Agent Dwight Nadeau Agent's Mailing Address City Naples Agent's Telephone #: 56 Royal Berkdale Place Ohio Zip 45066 Fax #: McAnlv Engineering, and Design. Inc. Firm 5435 Park Central Court State Florida 593-3299 Fax #: (513) 748-0447 Zip 34109 593-3298 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941)403-2400/FAX (941)643-6968 APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 SEPll 2001 P^O boF I I I I I i I I ! Disclosure of Interest Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership 100% Mike Bozzo. Sr. _ . .... If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-S/98 ! I i I i I I I I I I I I I 1 i If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: If any contingency clause of contract terms involve additional parties, list all or officers, if a corporation, partnership, or trust. Name and Address individuals g. Date subject property acquired (x) leased ( ): 5/24/95 Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 and date option l I I i i I ! ! ! ! i o h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed ie al descri tion of the ro ertv covered b the a lication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district· Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description· If questions · 's sealed survey may be arise concerning the legal description, an engineer certification or required. Section: 12 Township:_ 49 S Range: __25 E Subdivision: Block: __ Lot: Plat Book .~ Page #:_ Property I.D.#: 00256000003 Metes & Bounds Description: COMMENCING AT THE NORTHWEST CORNER OF ¼ OF THE SOUT_HWEST ¼ OF THE SOUTHWEST ¼ OF THE NORTHWEST 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY, SECTION 12, TOWNSHIP ' FEET TO THE POINT OF FLORIDA: THENCE SOUTH 89°53'48" EAST 100.00 EAST 519.91 FEET ALONG BEGINNING' THENCE CONTINUE SOUTH 89°53'48" TI-[E SOUTH RIGHT-OF-WAY LINE OF COUGAR DRIVE: THENCE SOUTH 00016'57'' WEST 316.20 FEET' THENCE NORTH 89°53'26'' WEST 520.85 FEET' THENCE N_ ORTH 00027'10'' EAST 316.15 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS RESTRICTIONS. AND RESERVATIONS OF RECORD. SAID PARCEL CONTAINII~_O 3.78+ GROSS ACRES. SizeofpropertT~: _316+ ft. X_ 520+ ..-ft-=T°talSq'Ft' 164,531.1 Acres 3.78 Address/general location of subject propertyA: The property is located in the northeast ~fthe Airport-Pulling Road/Pine Ridge Road intersection approximately 1000 feet nort____h of sai__dd intersection. APPLICATION FOR PUBLIC HEARING FOR PI,q) REZONE-S/9,8. Adjacent zoning and land use: Zoning N RSF-3 S C-1 E CF W C-5 Land use Sinele-familv Subdivision (Tall Pines) Commercial office park (Park Central) The YMCA of Collier County Commercial shopping center Does the owner of the subject property own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section: Township: Range: Lot: Block: Subdivision: Plat Book __ Page #: Property I.D.#: Metes & Bounds Description: Rezoning Request: This application is requesting a rezone from the __ to the PUD. Planned Unit Development zoning district(s). Present Use of the Property: Undeveloped C-I zoning district(s) APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 '! I I ! i I ! i I I Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County ~and Development ~ode, staff's analysis and recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Section 2. 7.2.5) 14:hether the proposed change will be consistent with the goals, objectives, and policies and fimtre land use map and the elements of the growth management plan. Yes, see the Statement of Compliance located in the Park Central North PUD Document. 2. The existing land use pattern. Yes, the proposed project will be consistent with the existing land use pattern, given the existence of an identical land use as that proposed by this request being adjacent and south of the subject property, and intensive commercial land uses to the west and further south. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. No, the proposed PUD Zoning District will be comparable and compatible to the existing commercial zoning districts adjacent and surrounding the subject property. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Yes, the C-1 Zoning District provides for the land uses intended in the proposed PUD, however, the PUD zoning is necessary to adequately address the en. vironmental issues encumbering the subject property. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-S/98 I I ! ! ! I ! i ! o Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. The proposed zoning change is appropriate based on the existing commercial and non-residential land uses surrounding the site, and because of the subject PUD's consistency with the Future Land Use Element of the Growth Management Plan. 6. ~'hether the proposed change will adversely influence living conditions in the neighborhood. No, the proposed change will not adversely influence living conditions in the neighborhood of the project site. The development regulations proposed, buffer areas, open spaces, and limitations on building height, will ensure the proposed development will be compatible and complementary with other surrounding land uses. Whether the proposed change will create or excessively increase traffic congestion or create O.'pes of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safeO,. No, the proposed project will not create traffic deemed incompatible with surrounding land uses. The traffic analysis found the proposed project consistent with Policy 5.1 of the Traffic Circulation Element from the Growth Management Plan. All rezone actions are subject to the Concurrency Management System. 8. Whether the proposed change will create a drainage problem. No, the drainage infrastructure commitments attendant to the approval of this PUD will ensure to proposed development will not create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. N.o, the development standards in the PUD document ameliorate any potential light reduction issues, and standard practices for infrastructure construction will include the regular watering of unfinished roadways. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 SE~A(~d i I I i I I I I I I I I O. Whether the proposed change will seriously affect property values in the adjacent area. This is a subjective determination based upon anticipated results, which may be internal or external to the subject property that can affect property values. Property. valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since the determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. The proposed PUD should have a positive impact on property values. I. Whether the proposed change will be a deterrent to the improvement or development of adjacent properO' in accordance with existing regulations. No, the basic premise underlying the zoning development standards in the Collier County Land Development Code, which the PUD document will become a part of, if approved, is that their application, when combined with the approvals processes, gives reasonable assurance that a change in zoning will not deter improvement of adjacent property. I2. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No, the proposed PUD rezoning complies with the Growth Management Plan. Public policy statements support zoning actions when the are consistent with said Plan. In light of this fact, the proposed zoning change does not constitute a grant of special privilege. Consistency with the Future Land Use Element of said Plan is further determined to be a public welfare relationship because actions consistent with the Plan are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. The subject property can be developed in accordance with the existing zoning, however, to do so would deny this Petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the Future Land Use Element of the Growth Management Plan. APPLICATIOn' FOR PUBLIC ltEARING FOR PUD REZONE-S/98 I I ! 14. Whether the change suggested is out of scale with the needs of the neighborhood or the COltnty. No, the proposed change is not out of scale or character with the needs of the neighborhood or County, based on the project's location in relation to the Activity Center, where higher intensity land uses are encouraged. I 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. I I I ! I ! i i I I I I ! There a few sites that are zoned to accommodate the proposed development, but this is not usually the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the Growth Management Plan, compatibility, adequacy of infrastructure, and to some extent the timing of the action and all of the 'above criteria. 16. The physical characteristics of the properO, and the degree of site alteration which would be required to make the property useable for an), of the range of potential uses under the proposed zoning classification. The extent of site alteration will be determined as a function of obtaining development plan approvals that will further define the PUD. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. Iii, as amended. The programmed improvements as set forth in Collier County's Capital Improvement Element of the Growth Management Plan will ensure the adequacy of public services and levels of serwice to be consistent with the Growth Management Plan relationships. ] 8. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Sufficient safeguards are contained in the proposed PUD Ordinance and Master Plan for the protection of the public health, safety and welfare. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-S/98 i ! ! ] ! I i i I I I ! PUD Re one Considerations LDC Section 2. 7.3.2.5 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed PUD's consistency with the locational criteria set forth on the Future Land Use Map and supporting Future Land Use Element (FLUE), of the Growth Management Plan (GMP), and consistency with the applicable Elements related to access, drainage, water, sewer, and other utilities, combined with the development conditions and commitments contained in the proposed PUD document give assurance that all infrastructure will be developed consistent with County regulations. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consuhation with the county attorney. The documents submitted with this Petition Application provide evidence of unified control. Further, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Please refer to the Statement of Compliance located in the Park Central North PUD Document. 4. The internal and external compatibility of the proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, most external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. AGEND~..[TE~ APPLICATION FOR pUBLIC HEARING FOR PUD REZONE°5/98 I 5. The adequacy of useable open space areas in existence and as proposed to serve lhe development. ! The amount of open space set aside by this proposed project meets or exceeds the provisions of the Land Development Code. I I I 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. I i I 1 ! 1 1 t ] 1 The timing and sequence of the permitting the proposed development coincides with the programming of the County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities and other facilities can be provided. 7. The abilio' of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads is supportive of conditions emanating from urban development. Relative to this Petition, development of the subject property is timely, because supporting infrastructure are available, or will be in place by the time permitting of the proposed improvements is complete. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The development standards in the proposed PUD document are similar to those standards used for the residential structures and related improvements when compared to County regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 SEP 11 2001 2_.. 10. 11. Previous land use petitions on the subject property: hearing been held on this property within the last year? hearing? No To your knowledge, has a public If so, what was the nature of that Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. ao A copy of the preapplication meeting notes; If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24" x 36" conceptual site plan [and one reduced 8G" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB, or CCPC]: · all existing and proposed structures and the dimensions thereof.. · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [including matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations of utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, Co An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall 'be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with the Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native A~F_.NDA ~TF._.~ preserved (per LDC Section 3.9.5.5.4.). APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 I I I I I I I I I I I I ! I I f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if the property is located within an area of historical or archaeological probability (as identified at pre- application meeting); i. Any additional requirements as may be applicable to specific uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. APPLICATION FOR PUBLIC ttEARING FOR PUD REZONE-5/98 SEPpj, J~.2~I~F ,~ 1 I I I I o STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Mike Bozzo~ Sr. MAILING ADDRESS: 56 Royal Berkdale Place CITY Springboro STATE Ohio ZIP 45066 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): The property is located in the northeast quadrant of the Airport-Pulling Road/Pine Ridge Road intersection, approximatelv 1000 feet north of said intersection. I I ! i I LEGAL DESCRIPTION: Section: 12 Township: 49 S Range: 25 E Lot:. Block: Subdivision' Plat Book: ~ Page #: Property I.D.#: 00256000003 Metes & Bounds Description: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 'A OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA: THENCE SOUTH 89053'48" EAST 100.00 FEET TO THE POINT BEGINNING; THENCE CONTINUE SOUTH 89°53'48" EAST 519.91 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF COUGAR DRIVE; THENCE SOUTH 00016'57" WEST 316.20 FEET; THENCE NORTH 89053'26" WEST 520.85 FEET; THENCE NORTH 00°27'10" EAST 316.15 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD TO THE POINT OF BEGINNING. I I I i I I SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. SAID PARCEL CONTAINING 3.78+ GROSS ACRES. APPLICATION FOR PUBLIC HEARING FOR pi_rD REZONE-S/98 PAGE 14 OF 1 SEPll 2001 ! i i i I I I ! i ! ! i i ! 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check Applicable a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity) e. SEPTIC SYSTEM system): TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 7. TOTAL POPULATION TO BE SERVED: Not Applicable PEAK AND AVERAGE DAILY DEMANDS: WATER-PEAK 90,000 GPD AVERAGE DAILY SEWER-PEAK 144,000 GPD AVERAGE DAILY 36.000 GPD 36,000 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2002 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. APPLICATION FOR PUBLIC HEARING FOR PUD REZONE-5/98 I I I I I I I 11. 12. COLLIER coUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of all construction of these facilities in accordance with all applicable County ordinances in effect at 's statement shall also include an agreement that the applicable system the time. Thi , _. ,- ...... m be naid to the County Utilities Division prior development charges and connecuon t¢¢~ ~,-, r to the issuance of building permits by the County. If applicable, the statement shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shag be provided. Utility. Provision Statement RJM 10/17/97 COLLIER cOUNTY UTILITY DEDICATION I, Mike Bozzo, Sr., owner of the subject property, hereby agree to dedicate the proposed water distribution and sewer collection facilities to be constructed in the Park Central North p~oject to Collier County. If applicable, I also agree to pay the County Utilities Division s.x stem development charges and connection fees prior to the issuance of building permits by the County. STATE OF ~ cOUNTY OF _~:~Ii,~ , '' d this/:~day of _~:12~'-' 2000, by The foregoing instrument was acknowledge before me Mike Bozzo, who is personally known to me, and who did not take an oath. o '-le Drogue ,,' ~. % . . 91636i -'~.~'....~', c'.~mm]ss on ~ ',.-'-' _ _. .-'~i ~'i&: Expire~ A~.'_16' 20U NOTARY PUBLIC :~:,~.,~: no~ ~"~ . *--'~ ..... '/~'.~* .... -~ Go lno. Commission Number: -,4,t.6/-¢ g,- ^~t~ t,o,~, Witness my hand and seal APPLICATION FOR pVBLIC HEARING FOR PUD REZONE-S/98 ! ! I PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKETS RE "~ UIREMEN TS #o F N 0 T COPIES REQUIRED REQUIRED 1. Completed Application 16' X 2. Cop3' of Deed(s) and list identifying Owner(s) and all 2* X Partners ifa Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-application notes/minutes 16' 5. Conceptual Site Plans X 6. Environmental Impact Statement-(EIS) 4 X 7. Aerial Photograph-(with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches 9. Traffic Impact Statement-(TIS) 4 X 10. Historical & Archaeological Survey or Waiver 15 X 11. Copies of State and/or Federal Permits 4 X 12. Architectural Rendering of Proposed Structure(s) 4 X 13. Application Fee, Check shall be made payable to - Collier County Board of Commissioners 14. Other Requirements - i I I I i I i · Documents required for Long Range Planning Review As the authorized agent/applicant for this petition, I attest that all the information indicated on this checklist is included in this ~ubmittal package. I understand that failure to include all necessary submittal information may result in the delay of process of this petition. Agent/Applicant Signature APPLICATION FOR PUBLIC ItEARING FOR PUD REZONE-S/98 i I ! i I I I AFFIDAVIT l, Mike Bozzo, Sr., beingfirst duly sworn, depose and say that I am owner of the property described herein and which is the subject matter of the proposed hearing: that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and ail required information has been submitted. As contract purchaser I further authorize Dwight Nadeau,__Planning Director of McAnly Ene____~eering and Design. Inc..~ to act as my representative in any matters regarding this Petition. --T)ped or Printed Name of Owner The fo. rgoin~, Application was acknowledged before ,me thiL /j~day o.f _ t.,~~ ~. 2000, by_ ~ t-~'-~'.- .~.~''~' .,enti~cat~i;~'° ix ~e,Isonally known to me, ~r w/~as ~~ ~-~- ~._~-.~.,.. · Cou,~ of ~ ~';~ture ofNota~';~iic-'Sta ¢ <~, ~;% ~m~a Met4on~le Dm~e Florida) ~."~'~, ~ion ~ ~ 916~1 ¢Print. Type. or Stamp Commissioned Name of Nota~ PubliO A.. PPPLIC.~TION FOR PUBLIC HEARING FOR PuD REZONE-5/9~8 PAGE 18OF18 SEP 11 2001 I I ! I I Mike Bozzo, Sr. 56 Royal Berkdale Place Springboro, Ohio 45066 November 17, 2000 McAnly Engineering and Design, Inc. 5435 Park Central Court Naples, Florida 34109 To Whom It May Concern: Please be advised that authorization is hereby given to the fwrn of McAnly Engineering and Design, Inc., to act as my agent in all actions relating to the permitting of a conm~ercial office development on the following described lands: COMMENCING AT THE NORTHWEST COp ~RI~/R OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 12. TOWNSHIP 49 SOU3,H, ,RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE SOUTH 89°53 48' EAST 100.00 FE,E,T TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89°53'48 EAST 519.91 FEET ALONG THE SOUTH RIGHT- OF-WAY LINE OF COUGAR DRIV.E,,; THENCE SOUTH 00016'57" WEST 316.20 FEET; 3,I-I~NCE NORTH 89053'26, WEST 520.85 FEET; THENCE NORTH 00°27'10, EAST 316.15 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD, SAID PARCEL CONTAINING 3.78+ GROSS ACRES. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this/2g~ day of Z~~,d~, 2000, by Mike Bozzo, Sr., who is personally known to me, and who did not take an oath. / NOTARY PUBLIt{.J Commission Number: Witness my hand and seal this/'2,~7,, day of ~J-~ , 2000. SEP Il 2001 00256000003 warranty Deed Th~ ~=u~ur~ M=m ~k ~ ~ May, ~95 ~D.. ~ ~ Auto Ci~ ~th, Inc., fo~erly ~ as pen~sular Mo~or ClX, Inc., a Flori~ not-for-pro,it co~ion ~~ ~KO~ , ~w Florida ~k~ ~zzo, Sr., ~.,~56 Royal Birk~ale Place, &'prin9boro, Ohio 45066 ..~- ,~.'~'~.'.~.~o . ..-... '~.~ , ~ ......... ~ G ~/100[$10.00) ........ The North ~lf (N 1/2} of the No~h~s= ~ar=cr (~ 1/4) souchweu= ~a~er (~ 1/%) of the Sou~s= ~a~cr (~ 1/4) of Sec=ion 12, T~P' 49 ~u~, ~ 25 ~su, ~lli~ Co~y, Florida, less ~d ~ceptin~ =h~ West 100 fee~ State highway right-of-wa~ previously dzeded ~o Collier county for road ' ~ocs. to reocrictions, reservations and eascmenz~ of record, and taxes subsequen~ to 1995. AAA Auto Club South, /nc., formerly k~own a~, ~e~ular ~or ClX, Inc., a Flori~ no~-for-profic co~raClon COUNTY OF HTLLS~Oa0~ (Corporate ~al) SEP'I 1 2001 I ! I I ! ! ! I I ] ] i ] Mike Bozzo, Sr. 56 Royal Berkdale Place Springboro, Ohio 45066 November 17, 2000 MeAnly Engineering and Design, Inc. 5435 Park Central Court Naples, Florida 34109 To Whom It May Concern: Please be advised that authorization is hereby given to the firm of McAnly Engineering and Design, Inc., to act as my agent in all actions relating to the permitting of a commercial office development on the following described lands: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST ¼ OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE SOUTH 89053'48" EAST 100.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89053'48" EAST 519.91 FEET ALONG THE SOUTH RIGHT- OF-WAY LINE OF COUGAR DRIVE; TI-[ENCE SOUTH 00016'57" WEST 316.20 FEET; THENCE NORTH 89053'26" WEST 520.85 FEET; THENCE NORTH 00°27'10'' EAST 316.15 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD, SAID PARCEL CONTAINING 3.78_+ GROSS ACRES. STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this/~'~ day of ~ 2000, by Mike Bozzo, Sr., who is personally known to me, and who did not take an oath. / I(tOTARY POBLI(yJ ~ ~ . ~ ~ Otu. nmt~m # OC 916361 NOTARY PUBLIC [~.'.: g.~n~l~v,~6, 2oo4 Commission Number: ~'~5" ~au~c~t~-. Witness my hand and sc~ t~ ~ day o~' ~~ , 2000. ,,k,. ~'!I. SEP 11 2001 P.., SL ORDINANCE NO. 01-__ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9512S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "C-I" AND 'C-I/ST' TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PARK CENTRAL NORTH PUD LOCATED IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF PINE RIDGE ROAD (CR NO. 896) AND AIRPORT-PULLING ROAD (CR NO. 31) APPPROXIMATELY 1000 FEET NORTH OF THE PINE RIDGE ROAD (CR NO. 896) IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 3.78+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, McAnly Engineering and Design, Inc., representing Mike Bozzo, Sr., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 12, Township 49 South, Range 25 East, Collier County, Florida, is changed from "C-I" and "C-I/ST" to "PUD" Planned Unit Development in accordance with the Park Central North PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9512S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Form and Legal Sufficiency Marjc~ M. Student Assistant County Attorney g/admin/PUDZ-200 I-AR-383/FR/cw A{~ENDA ITEM SEP 1 1 2001 PARK CENTRAL NORTH A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING PARK CENTRAL NORTH, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: MIKE BOZZO, SR. 56 ROYAL BERKDALE PLACE SPRINGBORO, OHIO 45066 PREPARED BY: McANLY ENGINEERING AND DESIGN, INC. 5435 PARK CENTRAL COURT NAPLES, FLORIDA 34109 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" SEP 11 2001 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Section II Section III Section IV Legal Description, Property Ownership and General Description Project Development Commercial Area Development Standards Development Commitments i ii I-1 II-1 III-1 IV-1 AGENDA IT~ SEP I1 2001 LIST OF EXHIBITS AND TABLES EXHIBIT A TABLE I PUD MASTER PLAN PROJECT LAND USE TRACTS AGENDA ITEI~ SEP11 2001 STATEMENT OF COMPLIANCE The development of approximately 3.78 acres of property in Collier County as a Planned Unit Development to be known as Park Central North will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The commercial land uses of Park Central North PUD are 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: The subject property proposed for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The subject property is located in Activity Center #13. The land uses, and land use intensities proposed are consistent with the Future Land Use Element of the Collier County Growth Management Plan. The project is a low intensity commercial development located within a designated Activity Center, therefore, the proposed commercial park land uses are consistent with the Future Land Use Element of the Collier County Growth Management Plan. The development will be compatible with and complementary to existing and planned surrounding land uses. The development of Park Central North PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The Park Central North PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final Development Orders within the Park Central North PUD are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. SEP 11 2001 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 Park Central North PUD. 1.2 LEGAL DESCRIPTION COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST V, OF THE SOUTHWEST V4 OF THE SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE SOUTH 89°53'48'' EAST I00.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89053'48" EAST 519.91 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE OF COUGAR DRIVE; THENCE SOUTH 00°16'57" WEST 316.20 FEET; THENCE NORTH 89053'26', WEST 520.85 FEET; THENCE NORTH 00°27'10" EAST 316.15 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF AIRPORT-PULLING ROAD TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD, SAID PARCEL CONTAINING 3.78+ GROSS ACRES. 1.3 PROPERTY OWNERSHIP The subject property is owned by blike Bozzo, Sr. 1.4 PHYSICAL DESCRIPTION The proposed development is located in the northeast quadrant of the Airport-Pulling Road, Pine Pddge Road intersection, approximately 1000 feet north of said intersection, in Section 12, Township 49 South, Range 25 East, Collier County, Florida. The proposed project site is presently undeveloped, but has been historically timbered. The property ranges in elevation from 8.2' to 11.0' NGVD. The site contains areas of jurisdictional wetlands including transitional wetlands in which the predominant vegetation is a mix of pine and cypress and associated upland and wetland plants. Natural drainage flows southwesterly. The proposed water management regime for the project utilizes detention areas that will result in the post-development surface water discharge volume being no more than the pre-development discharge volume. 1.5 PROJECT DESCRIPTION The Park Central North PUD shall be a low intensity commercial office development limited to 36,000 square feet of gross leasable floor area, located on a the 3.78+ acre parcel. Access to the development will be from YMCA Road via an existing 30-foot ingress/egress and utility easement that runs north along the east property boundary of the existing Park Central office development. Each commercial tlll'd"l:r'g~l~:,be served with centrally provided potable water, sanitary sewer, electric powe , and~~~iona services will be provided as deemed appropriate..~..~ i-1 / SEP 11 2001 l The entire 3.78± acre project is the stormwater management basin. The storm water management system consists of preserve/native vegetation for storm attenuation and dry detention for water quality. A catch basin/culvert system along with overland sheet flow will collect and convey project run-off to the dry detention areas and to the preserve/native vegetation area once water quality is achieved. Flood protection will be provided to the project by raising buildings and roads in conformance with South Florida Water Management District criteria. The South Florida Water Management District criteria for building pad elevation is the 100-year, 3-day/zero- discharge storm elevation. The minimum road elevation is based on the 25 year, 3-day storm event. After heavy rainfall events, surface waters from storage areas will be discharged through a water control structure into the Airport Road Canal to the west. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Park Central North Planned Unit Development Ordinance". I-2 SEP 11 2001 SECTION I1 PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 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 Park Central North PUD development, as well as other project relationships. GENERAL Regulations for development of the Park Central North 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 Groxvth 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 County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Park Central North PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, 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, of the County Land Development Code, at the earliest or next to occur of either final site development plan, final plat approval, or building permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A", PUD Master Plan. There shall be one land use tract, portions of which may include water management lakes or facilities, and private driveways, the general configuration of which is also illustrated by Exhibit "A". II-1 SE? 11 2001 TABLE I PROJECT LAND USE TRACT TRACT "C" TYP~ UNITS/SO. FT, ACREAGE+ COMMERCIAL 36,000 3.7 Areas within the PUD may be excavated and constructed as lakes or, upon approval by any government agency having jurisdiction, may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Minor modification to the tract(s), lakes or other boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Section 2.7.3.5. 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 on Exhibit "A', such easements as necessary (utility, private, semi-private) shall be established within or along the various tract(s) as may be necessary. 2.4 MAXIMUM PROJECT INTENSITY A maximum of 36,000 square feet (gross leasable floor area) of commercial development may be constructed in the "C' Commercial Tract. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a record 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 Development 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. If required, a preliminary subdivision plat 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. 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 Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for commemial development contemplating fee simple ownership of land for each commercial unit or parcel, shall be required to submit and receive approval of a preliminary subdivision plat, in conformance with the 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 met~llll~~Yp'~'fiotl maintenance o f common facilities. [ NO. ] s ,l12001 2.6 LAKE SETBACK AND EXCAVATIONS Should lakes be excavated, the lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, however, removal of fill from the Park Central North PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. 2.7 USE OF RIGHTS-OF-WAY All platted project streets shall be private and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 4.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this ordinance establishing Park Central North PUrl}. Whenever the developer elects to create land areas whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the Park Central North PUD, the developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. 2.10 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Park Central North PUD during construction of buildings and infrastructure only. Fill material generated may be stockpiled within areas designated for development. Prior to stockpiling in these locations, a vegetation removal and site filling permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: Stockpile maximum side slope: 3:1 Stockpile maximum height: thirty-five (35) feet II-3 S£P 11 200 Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over development areas that are depicted on an approved site development plan, no fencing is required. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code, and stockpiling retained for periods greater than 90 days be seeded with grass. If fill is spread to a height less than four feet over development areas which are depicted on an approved site development plan, erosion control is required, but no seeding with grass is required. Fill storage shall not be permitted in Preserve Areas. 2.11 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Park Central North PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final plat approval or site development plan approval 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS The subject property contains environmentally sensitive (ST) lands, of which a minimum of 1.29 acres shall be retained. No more than six (6) percent of the cypress area on site shall be impacted, excluding the water management berm required to be constructed around the perimeter of the property. II-4 2001 SECTION III COMMERCIAL DEVELOPMENT AREA 3.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "C", Commercial Development Area on Exhibit "A", PUD Master Plan. 3.2 MAXIMUM COMMERCIAL SQUARE FEET The 3.78+ acre Commercial Development Area (Tract "C"), shall be developed with no more than 36,000 gross leasable square feet of commercial uses. 3.3 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 Uses~: 1) Any businesses as defined in the Standard Industrial Classification Manual for the following category: a. 0781 - Landscape and Horticultural Ser','ice; 2) Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 3) Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Numbers: a. 7311 - Advertising Agencies; b. 7334 - Photocopying and Duplicating Services; c. 7371 - Computer Programming Ser~'ices. 4) Establishments operating primarily to provide health services as defined in the Standard Industrial Classification Manual for the following Industry Group Numbers and Industry Numbers: a. 801 - Offices and Clinics of Doctors of Medicine; b. 802- Offices and Clinics of Dentists; c. 803 - Offices and Clinics of Doctors of Osteopathy; d. 804 - Offices and Clinics of Other Health Practitioners; e. 8093 - Specialty Outpatient Facilities, Not Elsewhere Classified. III-I ~ Reference Executive Office of~e President, Office of Management and Budget, Manual, 1987 Edition. 5) 6) 7) Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. Establishments operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711 - Engineering Services (no outside equipment storage); b. 8712 - Architectural Services (no outside equipment storage); c. 8721 - Accounting, Auditing, and Bookkeeping Services; d. 8732 - Commercial Economic, Sociological, and Educational Research; e. 8742- Management Consulting Services; f. 8743 - Public Relations Services; g. 8748 - Business Consulting Services. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 8) Natural Preserve/Conservation Area. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and signage. 3.4 DEVELOPMENT STANDARDS A. MINIMUM LOT AREA: 20,000 square feet. B. MINIMUM LOT WIDTH: 100 feet. C. MINIMUM YARDS (INTERNAL): 1) Front Yard: 25 feet or one-half of the building height as measured from each exterior wall, whichever is greater. 2) Front Yard along Airport-Pulling Road: 30 feet. 2) Side Yard: One-half of the building height as measured from each exterior wall, with a minimum of 15 feet. 3) Rear Yard: One-half of the building height as measured from each exterior wall, with a minimum of 15 feet. D. MFNIMUM YARDS AND BLrFFERS (EXTERNAL) 1) A 10 foot wide landscape buffer, in accordance with Section 4.10 or 4.11 of this document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of Cougar Drive. MiNIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. MAXIMUM HEIGHT: 45 feet, except for architectu: not exceed 60 feet. 35 feet for buildings adjacent to C 1II-2 SEP 11 2001 MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first finished floor. MAXIMUM GROSS LEASABLE FLOOR AREA: 36,000 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 site development plan approval. ARCHITECTURAL UNIFORMITY: Commercial development in this PUD shall have a common architectural theme for all structures. The development shall comply with the applicable architectural and sign provisions of the Land Development Code in effect at the time of building permit application. III-3 SECTION IV DEVELOPMENT COMMITMENTS 4.1 4.2 PURPOSE The purpose of this Section is to set development of the project. forth the development commi~nents for the GENERAL All facilities sh',fll be constructed in strict accordance with final site development plans, final subdivision plats 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, Division 3.2 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 outl~ed in this Document. The developer, his succe~or or assignee, shall follow the Master Development 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~ any successor or assignee in title to the developer is bound by any commitments within this agreement. The~e commiunents may bc assigned or delegated to a master association to be created by the Developer. Upon assignment or conveyance of title, the Developer shall be released from responsibility for the commitments. 4.3 PUD MASTER DEVELOPMENT PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed Ixact, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase such as 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 firom time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. C. The Community Development and Environmental Services Division Administrator, or his designee, shall be authorizc, d to approve minor chang~ and refinements to the Park Central North PUD Master Plan upon written request of the developer. 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Park Central North PUD Document. The minor change or refinement shall not constitute a substantial or insubstantial change pursuant to Subsecfon 2.7.3.5.1. of the Collier County Land Development Code. IV-1 SEP 11 2801 2) The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and preserve areas within, or external to the PUD boundaries. The following shall be considered minor changes or refinements, subject to the limitations of Subsection 4.3.C. 1) of this document: Minor reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in the size of the preserve area. Minor reconfiguration of lakes, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of vehicular circulation patterns. 4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. 4.5 TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: All traffic control devices used shall conform with the Manual on Uniform Traffic (~ontrol Devices as required by Chapter 316.0745, Florida Statutes. 4.6 WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Detailed paving, grading and site drainage plans shall be submitted to Planning Services Staff for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Planning Services Staff. An excavation permit will be required for the any proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. the appropriate provisions of the Collier County Land that excavation for water management features shall be feet from side, rear, or abutting property lines, with sid lines fenced. Design and construction of all improvements shall be subject to compliance with read'Or ah~min~t nroperty IV-2 Water management areas may be placed within landscape buffers in compliance with the criteria established in Section 2.4.7.3. of the Collier County Land Development Code. The wet season water table shall be established at the time of South Florida Water Management District permitting. 4.7 UTILITIES The development of this PUD Master Development Plan shall be subject to and govemed by the following conditions: Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. 4.8 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Planning Services Staff. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat, if required, with protective covenants per, or similar to, Section 704.06, Florida Statutes. 4.9 Buffers shall be provided around preserved wetlands, where possible, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and an average of twenty-five (25) feet from the landward edge of the wetlands. Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Planning Services Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. SIGNS All signs shall be Development Code. in accordance with Division 2.5 IV-3 of the Collier County Land SEP 11 2001 4.10 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as principal uses throughout the Park Central North PUD, except in preserve areas. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: I) Grassed berms 4:lfor berms greater than 2 feet in height: 3:1 for berms less than 2 feet in height. 2) Ground covered berms 3:1 3) Rip-rap berms 1:1 4) Structural walled berms may be vertical Fence or wall maximum height: 8 feet for a wall, fence, berm or combination thereof, as measured from the average finished grade of the developed site. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road. Chain link fences and barbed wire are prohibited. C. A Type B Landscape Buffer shall be provided adjacent to the YMCA. A Type D Landscape Buffer shall be provided adjacent to the Park Central Office Park. 4.11 LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for elsewhere in this document, all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code. IV-4 SEP 11 2001 AIRPORT-PULLING ROAD (COUNTY ROAD No. 31) 100' RIGHT-OF-WAY cF. YWCA EXHIBIT "A" ,.,, SEP 1 l~f EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION APPROVING THE PRELIMINARY ASSESMENT ROLL AS THE FINAL ASSESMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILITIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE 90-30, AS AMENDED. OBJECTIVE: To have the Board of County Commissioners adopt a resolution approving the preliminary assessment as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. CONSIDERATION: On July 31, 2001, the Board of County Commissioners adopted a Resolution for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment to set the date, time and place for a public hearing to approve a special assessment (non-ad valorem assessment) to be levied against properties within the above District. Staff has notified the affected property owners by first class mail of the above assessments, which will appear on the non-ad valorem section of their tax bills, which will be mailed in November of 2001. The first class notices also notified property owners of the date, time and place of said public hearing. Notice of the public hearing has been published in the Naples Daily News as required by Section 197.3632, Florida Statutes. Staff is recommending that the Board adopt the attached Resolution, which approves the preliminary assessment roll (on file with Minutes and Records, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. The final roll will be certified by the County Attorney as directed by prior Board action before it is merged with the tax bills. Upon adoption of this Resolution all assessments shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes. FISCAL IMPACT: $135.48 or less as approved by the Board per equivalent residential unit. Funds will be deposited in Mandatory Trash Collection Fund (Fund 473) for collection fees for District 1. GRO~I'H MANAGEMENT IMPACT: There is no growth management impact for this item. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution approving the preliminary assessment roll as the final roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit special assessment levied against certain residential properties within the unincorporated area of Collier County pursuant t~Collier County Ordinance 90-30, as amended. PREPARED BY: z/h~-~ ' ~c. ,.., ~ DATE '~'/' ~)'~"/ Teresa A. Riesen, Revenue Manager Utilities Billing & Customer Service REVIEWED BY: ,:~;'~%, . "!~ ~ ' John A. Yonkosky,. C.._PA, Director, Utilities~_.B?ling & Customer Service.. APPROVED BY: ~, '" Jam~s V. Mudd, P.E., Administrator, Public Utilities Division DATE RESOLUTION NO. 2001 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ~6 17 18 19 20 21 ~ 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID- WASTE DISTRICT NO. 1 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDE NTIAL PROPE RTl ES WITHIN TH E UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. I Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 11,2001. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. The Board, having met to receive and consider the objections of the property owners and other interested persons appearing before the Board as to the propriety and advisability of confirming and adopting the Solid Waste Distdct No. 1 Municipal Service Benefit Unit Preliminary Assessment Roll, as to the amounts shown thereon to be assessed against the lots and parcels of land to be benefited and as to the equalization of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential units that are included in a homeowner's association or property owner's association that pays the commercial fee for solid waste collection and disposal services for all such units. Further, the Board adopts the preliminary assessment roll and makes it final as the Solid Waste District No. 1 Municipal Service Benefit Unit final assessment roll (non-ad valorem assessment roll) for the purpose of using the uniform method of collection. The total special assessment for the solid waste collection and disposal services for Solid Waste District No. 1 Municipal Service Benefit Unit for FY 2001/02 is $135.38 per Residential Unit. The total assessments against the benefited properties are described and set forth in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and incorporated herein as Exhibit A. The Board hereby confirms the special assessments (non-ad valorem assessments) and the final assessment roll (non-ad valorem assessment roll), which is on file with Clerk to the Board Minutes and Records. SECTION 'ISNO. Such assessments are hereby found and determined to 3 be levied in direct proportion to the special and positive benefits to be received 4 by the properties listed in the preliminary assessment roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and Records and are 6 located within the Solid Waste District No. 1 Municipal Service Benefit Unit which ? is more particularly described as follows: LEGAL FOR DISTRICT ONE. 9 I0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee-Co[her County hne and the eastern shoreline of the Gulf of Mexico; thence East along said Lee-Collier County line to the northeast corner of Section 12, Township 48 South, Range 26 East; thence South along the easterly line of Range 26 East, Township 48 South to the southeast corner of Section 24, Township 48 South, Range 26 East; thence east along the south line of Sections 19 and 20, Township 48 South, Range 27 East to the southeast corner of Section 20; thence north along the east line of Sections 20, 17 and 8 of Township 48 South, Range 27 East to the southeast corner of Section 5, Township 48 South, Range 27 East; thence easterly along the south line of Sections 4, 3, 2 and I of Township 48 South, Range 27 East to the southeast corner of Section 1, Township 48 South, Range 27 East; thence north along the east line of Section 1, Township 48 South, Range 27 East; thence north along the east hne of Sections 36 and 25, Township 47 South, Range 27 East to the southeast corner of Section 24, Township 47 South, Range 27 East; thence easterly along the south line of Sections 19, 20 and 21, Township 47 South, Range 28 East to the southeast corner of Section 21, Township 47 South, Range 28 East; thence southerly along the west line of Sections 27 and 34, Township 47 South, Range 28 East and continuing southerly along the west line of Sections 3, 10, 15, 22, 27 and 34, Township 48 South, Range 28 East; thence south along the west line of Sections 3, 10, 15, 22, 27 and 34, Township 49 South, Range 28 East to the southeast corner of Section 34; thence easterly along the south line of Sections 34, 35 and 36, Township 49 South, Range 28 East; thence east along the south line of Township 49 South, Range 29 East and Township 49 South, Range 30 East to the southeast corner of Section 36, Township 49 South, Range 30 East, being also the centerline of Alligator Alley (I-75); thence continuing easterly along the center[ine of Alligator Alley (I-75) to the northeast corner of Section 4, Township 50 South, Range 31 East; thence southerly along the east section hne of Sections 4, 9, 16, 21, 28 and 33, Township 50 South, Range 31 East; thence southerly along the East section line of Sections 4, 9, 16, 21, 28 and 33, Township 51 South, Range 31 East; thence southerly along the east section line of Sections 4, 9, 16, 21, 28 and 33, Township 52 South, Range 31 East; thence southerly along the east section hne of Sections 4, 9, 16, 21, 28 and 33, Township 53 South, Range 31 East to the Collier-Monroe county hne; thence westerly along the said county hne to the easterly shorehne of the Gulf of Mexico; thence Westerly and Northerly along the waters of the Gulf of Mexico to the Lee-Co[her county hne being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate hmits of the City of Naples and Everglades City. Also, less and except those barrier islands as described in Ordinance No. 90-30, as amended. SECTION THREE. Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) for Solid Waste Collection and Disposal Services within Solid Waste District No. 1 Municipal Service Benefit Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such non-ad valorem assessments on the same bill as ad valorem taxes. SECTION FOUR. The assessments shall be final and conclusive as to each lot or parcel assessed and any objections shall be considered as waived, and if any objection shall be made and overruled or shall not be sustained, the adoption of this Resolution approving the final assessments shall be the final adjudication of the issues presented unless proper steps shall be taken in a court of competent jurisdiction to secure relief within twenty (20) days from the adoption of this Resolution. SECTION FIVE. All assessments shall constitute a lien upon the property so assessed from the date of confirmation of this Resolution of the same nature and to the same extent as the lien for general county taxes falling due in the same year in which such assessments fall due, and any assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the same manner as property taxes are collected. SECTION SIX. The Clerk is hereby directed to record this Resolution, not including the attached Exhibit "A", in the Official Records of Collier County. A recorded copy of this Resolution and the attached Exhibit "A" shall be maintained on file in the office of the Clerk to the Board, Minutes and Records. SECTION SEVEN. This Resolution shall become effective immediately upon its passage. This Resolution adopted this__ day of ,2001, after motion, second and majority vote. 6 7 ATTEST: DWIGHT E. BROCK, CLERK 10 11 12 ~3 Approved as to fo~m and [eg~[ 14 sufficie n c.v-;~-~ 17 ,~'David C. V~igel isw County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., CHAIRMAN I SEF I 1200! EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION APPROVING THE PRELIMINARY ASSESMENT ROLL AS THE FINAL ASSESMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILITIZlNG THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE 90-30, AS AMENDED. OBJECTIVE: To have the Board of County Commissioners adopt a resolution approving the preliminary assessment as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. CONSIDERATION: On July 31, 2001, the Board of County Commissioners adopted a Resolution for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment to set the date, time and place for a public hearing to approve a special assessment (non-ad valorem assessment) to be levied against properties within the above District. Staff has notified the affected property owners by first class mail of the above assessments, which will appear on the non-ad valorem section of their tax bills, which will be mailed in November of 2001. The first class notices also notified property owners of the date, time and place of said public hearing. Notice of the public hearing has been published in the Naples Daily News as required by Section 197.3632, Florida Statutes. Staff is recommending that the Board adopt the attached Resolution, which approves the preliminary assessment roll (on file with Minutes and Records, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. The final roll will be certified by the County Attorney as directed by prior Board action before it is merged with the tax bills. Upon adoption of this Resolution all assessments shall be collected pursuant to Section 197.3632, Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes. FISCAL IMPACT: $135.48 or less as approved by the Board per equivalent residential unit. Funds will be deposited in Mandatory Trash Collection Fund (Fund 473) for collection fees for District 2. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution approving the preliminary assessment roll as the final roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit special assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier county Ordinance 90-30, as amended. PREPARED BY: Teresa A. Riesen, Revenue Manager Utilities Billing & Customer Service DATE SC ~2J-~.,/ Utilities Billing & CustOmer SerVice APPROVED BY:,( JamEs V. Mudd, P.E., AdminiCtrator, Public Utilities Division ! DATE Z~:"2"~ ~"J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 RESOLUTION NO. 2001 - A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Commissioners of Collier County, Florida, (hereinafter referred to as COUNTY), adopted Collier County Ordinance No. 90-30, as amended, creating two (2) Municipal Service Benefit Units in the unincorporated area of Collier County for the purpose of providing and regulating Solid Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Solid Waste Collection and Disposal Services through the levy of special assessments (non-ad valorem assessments) against residential units as defined in Collier County Ordinance No. 90-30, as amended, that are benefited by the solid waste collection and disposal services. Said properties are located within the boundaries of Solid Waste District No. 2 Municipal Service Benefit Unit as described herein and in Collier County Ordinance No. 90-30, as amended; and WHEREAS, Section 197.3632, Florida Statutes, requires that a public hearing be held to adopt a non ad-valorem assessment roll for purposes of utilizing the uniform method of collection, and WHEREAS, said public hearing was duly advertised and regularly held at the Board of County Commissioners' Boardroom, Third Floor, Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida, commencing at 9:00 a.m. on September 11, 2001. t NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 3 SECTION ONE. The Board, having met to receive and consider the 4 objections of the property owners and other interested persons appearing before 5 the Board as to the propriety and advisability of confirming and adopting the 6 Solid Waste District No. 2 Municipal Service Benefit Unit Preliminary Assessment 7 roll, as to the amounts shown thereon to be assessed against the lots and 8 parcels of land to be benefited and as to the equalization of such assessments 9 on a basis of justice and right, does hereby confirm such preliminary assessment l0 roll which excludes certain residential units that are included in a homeowner's Ii association or property owner's association that pays the commercial fee for ]2 solid waste collection and disposal services for all such units. Further, the 13 Board adopts the preliminary assessment roll and makes it final as the Solid ]4 Waste District No. 2 Municipal Service Benefit Unit final assessment roll (non-ad 15 valorem assessment roll) for the purpose of using the uniform method of ]6 collection. l? The total special assessment for the solid waste collection and disposal ]8 services for Solid Waste District No. 2 Municipal Service Benefit Unit for FY ]9 2000/01 is $135.48 per Residential Unit. The total assessments against the 20 benefited properties are described and set forth in the preliminary assessment 2] roll (non-ad valorem assessment roll) on file with Clerk to the Board, Minutes and 22 Records and incorporated herein as Exhibit "A". The Board hereby confirms the 2~ special assessments (non-ad valorem assessments) and the final assessment 24 roll (non-ad valorem assessment roll), which is on file with Clerk to the Board 25 Minutes and Records. 26 SECTION TWO. Such assessments are hereby found and determined to 3 be levied in direct prcJportion to the special and positive benefits to be received 4 by the properties listed in the preliminary assessment roll (non-ad valorem 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 assessment roll) on file with Clerk to the Board, Minutes and Records and are located within the Solid Waste District No. 2 Municipal Service Benefit Unit which ? is more particularly described as follows: LEGAL FOR DISTRICT TWO Beginning at the northwest corner of Township 47 South, Range 27 East, Collier County, Florida; thence east along the Collier- Lee county line also the township line to the northeast corner of Township 47 South, Range 27 East; thence north along the Collier- Lee county hne also the range hne to the northwest corner of Township 46 South, Range 28 East; thence east along the Collier- Hendry county line also the township hne for Townships 45 and 46 South to the northeast corner of Township 46 South, Range 30 East; thence south along the Collier-Hendry county line also the range line of Ranges 30 and 31 East to the southeast corner of Township 49 South, Range 30 East; thence west along the township line for Townships 49 and 50 South to the southwest corner to Section 34, Township 49 South, Range 28 East; thence north along the section hnes to the northwest corner of Section 27, Township 47 South, Range 28 East; thence west along the section lines to the southeast corner of Section 24, Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the southeast corner of Section 1, Township 48 South, Range 27 East; thence west along the sections lines to the southeast corner of Section 5, Township 48 South, Range 27 East; thence south along the section lines to the southeast corner of Section 20, Township 48 South, Range 27 East; thence west along the section lines to the southwest corner of Section 19, Township 48 South, Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest corner of Township 47 South, Range 27 East, being the Point of Beginning. SECTION THREE. Upon adoption of this Resolution all the special 37 assessments (non-ad valorem assessments) for Solid Waste Collection and 3s Disposal Services within Solid Waste District No. 2 Municipal Service Benefit 39 Unit shall be collected pursuant to Section 197.3632, Florida Statutes, or any 40 successor statutes authorizing the collection of such non-ad valorem 41 assessments on the same bill as ad valorem taxes. 42 1 2 SECTION FOUR. The assessments shall be final and conclusive as to 3 each lot or parcel assessed and any objections made shall be considered as 4 waived, and if any objection shall be made and overruled or shall not be 5 sustained, the adoption of this Resolution approving the final assessments shall 6 be the final adjudication of the issues presented unless proper steps shall be ? taken in a cour[ of competent jurisdiction to secure relief within twenty (20) days 8 from the adoption of this Resolution. 9 SECTION FIVE. All assessments shall constitute a lien upon the property ]0 so assessed from the date of confirmation of this Resolution of the same nature Il and to the same extent as the lien for general county taxes falling due in the 12 same year in which such assessments fall due, and any assessment not paid t3 when due shall be collected pursuant to Chapter 197, Florida Statutes, in the ~4 same manner as property taxes are collected. ]5 SECTION SIX. The Clerk is hereby directed to record this Resolution, not t6 including the attached Exhibit "A", in the Official Records of Collier County. A ]? recorded copy of this Resolution and the attached Exhibit "A" shall be maintained 18 on file in the office of the Clerk to the Board, Minutes and Records. 19 SECTION SEVEN. This Resolution shall become effective immediately 20 upon its passage. 2~ This Resolution adopted this day of ,2001, after motion, :2 second and majority vote. 23 24 25 26 27 BY: A"I-r'E ST: DWIGHT E. BROCK, CLERK 28 29 ~0 Approved as to form and legal ,~ David C. '~r~igel 3~ County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN SEP-! 't0o EXECUTIVE SUMMARY APPROVAL OF ORDINANCE NO. 2001- CHARACTER COUNCIL ESTABLISHING A COMMUNITY OF OBJECTIVE: Approval of Ordinance No. 2001- establishing a Community of Character Council to design, implement, and govern activities that will empower our citizens to become a model community of character. CONSIDERATION: Collier County Government has a history of commitment to character development. On December 14, 1999, Resolution 99-475 was adopted by the Board of County Commissioners of Collier County, Florida, pledging a commitment to character by the people of this County and to doing all in our power to become known as a Community of Character. On May 8, 2001, a Character Pitch presentation was made to the Board of County Commissioners by the local representative of Character First at the Board's regularly scheduled meeting. As a result of that presentation, the Board approved the establishment of a council. In keeping with the commitment of Resolution 99-475 and the direction of the Board on May 8, 2001, a Ordinance has been prepared that establishes a Collier County Community of Character Council to design, implement and govern activities that will empower our citizens to become a model community of character. The establishment of this Council will enhance Collier County current commitment toward becoming a model Community of Character. The community wide focus on Character will establish expectations for the behavior of our citizens. There is no other Collier County wide agency currently undertaking such an all encompassing effort. In order to achieve the results County wide, this Council must have representation of the leadership of the entire community in all its many aspects. Additionally, this Council will need high visibility and the support of the Board of County Commissioners. The appointment of members to the Council shall be by resolution of the Board of County Commissioners. The initial terms of office of the Council shall be as follows: Four (4) members shall be appointed for a term of one (1) year; Four (4) members shall be appointed for a term of two (2) years; Four (4) members shall be appointed for a term of three (3) years; Three (3) members shall be appointed for a term of four (4) years. FISCAL IMPACT: There is no fiscal impact related to the establishment of the Council. Future costs will be determined by the recommendations of the Council and if and how they affect Collier County Administration. Other activities would need to be funded by the various community agencies. Members of the Council shall serve without compensation, but may be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon approval of the Board of County Commissioners. To this extent, there would appear to be no reason to bond the Council members. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board approve Ordinance No. 2001- County Manager to establish a Community of Character Council. and dire eTXhe AG~ I ;~Dr~ TEM SEP 11 2001 Pg._ / SUBMITTED /2 George P. Bradley, Director ~,/ Human Resources Department Date: APPROVED BY: k/'~,/'"" Date: JoAnne Varcoe-Leamer, Administrator Support Services Division AGENDA ITEM SEP 11 21301 Pg.. ~ 1 2 3 4 5 ORDINANCE NO. 2001- AN ORDINANCE ESTABLISHING A COLLIER COUNTY COMMUNITY OF CHARACTER COUNCIL; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM AND RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE FUNCTIONS, POWERS AND DUTIES OF THE COUNCIL; SETTING FORTH THE DUTIES OF THE COUNTY MANAGER'S OFFICE; PROVIDING FOR REVIEW; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 6 7 8 9 10 I1 12 13 14 15 16 17 18 WHEREAS, Resolution 99-475 was adopted on December 14, 1999, by the Board of 19 County Commissioners of Collier County, Florida, pledging a commitment to character by the 20 people of Collier County and doing all in its power to become a community known as a 21 Community o f Character; and 22 WHEREAS, the Board of County Commissioners has requested that a council be 23 established to achieve this goal. 24 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 25 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 26 SECTION ONE: Creation and Purpose of the Collier County Community of Character 27 Council. 28 The Board of County Commissioners hereby establishes the Collier County Community of 29 Character Council (hereinafter the "Council") to design, implement, and govern activities that 30 will empower our citizens to become a model Community of Character. The Council shall be a 31 '%oard" as that term is defined in Collier County Ordinance No. 86-41, as amended. 32 SECTION TWO: Appointment and Composition. 33 A. The Council shall consist of fifteen (15) members. Membership of the Council shall 34 include representatives from the City of Naples, City of Marco, Collier County Public Schools, 35 the Collier County Commission, and the County Sheriff's Agency. The remaining members of 36 the Council shall be community leaders representing religious organizations, youth 37 organizations, rehabilitation centers, local media, local businesses and other community 38 organizations. 39 B. Members of the Council shall be appointed by and serve at the pleasure of the Board of 40 County Commissioners. Said members shall be permanent residents and electors of Collier 41 County. 42 C. Appointment of members to the Council shall be by resolution of the Board of County 43 Commissioners, which resolution shall set forth the date of appointment and the term of office. 44 SECTION THREE: Terms of Office. 45 The initial terms of office of the Council shall be as follows: 46 A. Four (4) members shall be appointed for a term of one (1) year{ AG E ND,~..J. TEM 47 B. Four (4) members shall be appointed for a term of two (2) year~ I SEP I1 t101 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 C. Four (4) members shall be appointed for a term of three (3) years. D. Three (3) members shall be appointed for a term of four (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Council shall be for the remainder of the unexpired term of office. SECTION FOUR: Removal From Office: Failure to Attend Meetings. Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Collier County Ordinance No. 86-41, as amended, or by its successor ordinance. SECTION FIVE: Officers; Quorum; and Rules of Procedure. A) At its earliest opportunity, the membership of the Council shall elect a chairman and vice chairman from among the members. Officers' terms shall be for one (1) year, with eligibility for reelection. B) The presence of nine (9) or more members shall constitute a quorum of the Council necessary to take action and transact business. C) The Council shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Council minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX: Compensation and Reimbursement of Expenses. Members of the Council shall serve without compensation, but may be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION SEVEN: Functions, Powers and Duties of the Council. The functions, powers and duties of the Council shall be as follows: A) To aid and assist the Board of County Commissioners in creating a Community of Character. B) To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business recommended by the Council for the next fiscal year. In carrying out this responsibility, the Council shall, no later than June 1 st of each year submit to the Board of County Commissioners those projects which the Council wishes to see accomplished during the next fiscal year. This proposed budget shall then be reviewed by the Board of County Commissioners and approved in accordance with the procedures for the adoption of budgets set forth under general law and Board of County Commissioners' policy. Should the Council fail to approve a budget by May 1st of each year, the County Manager shall be authorized to submit a proposed budget to the Board of County Commissioners. C) To advise the Board of County Commissioners as to specific community activities to be implemented that will empower our citizens to become a model Community of Character. AGF~.A~ITEM S EP li 2001 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 SECTION EIGHT: Review Process. This Council shall be reviewed once every four (4) years, with the first such review to take place in 2005 in accordance with the procedures contained in Ordinance No. 86-41, as amended, OF any successor ordinance. SECTION NINE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TEN: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION ELEVEN: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this __ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: Michael W. Pettit Assistant County Attorney AGENDA, J.~EM EXECUTIVE SUMMARY ADOPTION OF AN ORDINANCE AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAWS AND ORDINANCES, AS PREVIOUSLY AMENDED BY ORDINANCE NO, 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) OBJECTIVE: To have the Board of County Commissioners adopt the attached Ordinance to amend Chapter 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance No. 2001-13 - (The Collier County Consolidated Impact Fee Ordinance). CONSIDERATIONS: On March 13, 2001, the Board of County Commissioners adopted Collier County Ordinance No. 2001-13, the "Consolidated Impact Fee Ordinance," which now constitutes Chapter 74 of the Collier County Code of Laws and Ordinances. Ordinance No. 2001-13 became effective on March 19, 2001. Ordinance No. 2001-13 consolidated all of the County's impact fee regulations into a single document, eliminated previously existing inconsistencies in the administrative provisions of the various Impact Fee Ordinances, clarified impact fee calculation methods, and implemented new procedures where needed. To clarify and improve the County's impact fee regulations, this proposed Ordinance implements the following amendments to Chapter 74 of the Collier County Code of Laws and Ordinances: Incorporating the level of service standards applicable to water and/or wastewater facilities as required by the County's Comprehensive Land Use Plan or by the Water or Wastewater Master Plan, whichever imposes the strictest standards. Authorizing the Public Utilities Division to spend water and sewer impact fees and to grant developer contribution credits to the extent authorized by the County's Water or Sewer Master Plans, provided the respective project is not then in conflict with the County's Comprehensive Land Use Plan. Reinstatement of a limited exemption from only Road Impact Fees for buildings to be constructed by or on behalf of tenants (or subtenants) at County-owned airports provided the respective lease agreement was executed before March 13, 2001, and, when executed, specified that the County or the Airport Authority may elect to acquire title to said buildings at no cost to the AGENDA ITEM No. SEP 1 1 2001 'Amendment to Chapter 74 of Code of Laws and Ordinances Page 2 County, or, in the alternative, can elect that such improvements be removed and the leasehold estate be restored to the condition that existed at the inception of the lease agreement at no cost to the County. Each application for these exemptions must be submitted to the County Manager not later than the date the associated building permits are applied for. These "government building" exemptions existed in the County's prior Road Impact Fee Ordinance. It was not intended that then existing airport lease Road Impact Fee exemptions be eliminated, including the lease with Siena Marble and Tile, Inc. Implementation of a limited waiver program by specified not-for-profit, charitable entities that are then exempt (or will be exempt) from federal income taxes under the specified provisions of Section 501 of Chapter 26 of the United States Internal Revenue Code, and which provide (or will provide) services of substantial benefit to residents of Collier County at no charge or at reasonable, reduced rates, and no part of the net earnings of the entity shall inure to the benefit of any private shareholder or individual. The types of entities that will be eligible for these waivers are limited to the entities listed in SECTION 8 of the Ordinance, which excludes from 501(C)(3) entities operated for religious, scientific, literary, or educational purposes, or to foster sports competition, facilities or equipment; and excludes from 501(C)(4) local associations of employees. To eliminate the possibility that the first few applicants in a fiscal year will exhaust the fund balance, no entity is eligible for an Impact Fee waiver under these provisions in excess of $5,000. The funding for these waivers is limited to $100,000 in a fiscal year; however, if in a fiscal year the total waivers granted are less than $100,000, the uncommitted balance, at the discretion of the Board, can be carried forward into the succeeding fiscal year and the Board can add an additional $100,000 to the sum that is carried forward. Clarification of terms by amending the definitions of "Adult Congregate Living Facility (ACLF)/Assisted Living Facility (ALF)," "Adult only community" and "Square footage." With regard only to Water and/or Sewer Impact Fees, authorizes staff to grant Impact Fee credits against later applied-for building permits, if any, for multi- family units, mobile homes or travel trailer residential units, if the Impact Fees initially collected, as ascertained by the meter size calculations, exceed the applicable Impact Fees determined to be due and payable by applying the permit/space calculations. These instances occur from time-to-time because final development at build out may not require the level of utility service demands that are assumed in the meter size Impact Fee calculations. AGENDA ITEM No. SEP 1 1 2001 Amendment to Chapter 74 of Code of Laws and Ordinances Page 3 7. Correction of scrivener's errors that exist in Ordinance No. 2001-13. FISCAL IMPACT: Impact fee rate schedules are not being updated as part of these amendments; however, it is anticipated that further refinement and clarification of the revisions to Chapter 74 of the Code will have a positive impact on revenue receipts. GROWTH MANAGEMENT IMPACT: Impact fees are a critical funding source for infrastructure capital improvements identified in the Capital Improvement Element of the Growth Management Plan. RECOMMENDATION: Subject to input at the public hearing, that the Board of County Commissioners adopt the attached Ordinance to amend Chapter 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance No. 2001- 13 - (The Collier County Consolidated Impact Fee Ordinance). SUBMITTED B Y: '?'~ c~.~ ~ PhllhlyK( Tlndall, Impact Fee Co/ordinator Denny Baker, Business Manager APPROVED BY: i Date: ffohn M. Dunnuck, Interim Administrator ommunity Development & Environmental Services Division AGENDA ITEM No, ~ sgP 1 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ORDINANCE NO. 2001 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE COUNTY'S CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) BY AMENDING SUBSECTION D IN SECTION 74-104 TO INCORPORATE BY REFERENCE THE LEVEL OF SERVICE STANDARDS IN THE COUNTY'S WATER AND WASTEWATER MASTER PLANS; AMENDING THREE DEFINITIONS IN SECTION 74-108; ADDING A NEW SUBSECTION 7 TO SECTION 74-201 TO PROVIDE FOR EXEMPTIONS FROM ROAD IMPACT FEES APPLICABLE TO BUILDINGS CONSTRUCTED ON A COUNTY-OWNED AIRPORTS BY THE TENANT AND THE COUNTY OR THE AIRPORT AUTHORITY PROVIDED THE LEASE AGREEMENT WAS EXECUTED BEFORE MARCH 13, 2001, AND THE LEASE THEN CONTRACTED TO THE COUNTY OR THE AIRPORT AUTHORITY AN OPTION TO ACQUIRE TITLE TO THOSE BUILDINGS WITHIN TWENTY-NINE YEARS AT NO COST TO THE COUNTY; AMENDING PARAGRAPH "C" IN SECTION 74-203 REGARDING USE OF ACCRUED INTEREST TO FUND WAIVERS; AMENDING PARAGRAPH "A" TO SECTION 74-202 TO CLARIFY THAT EXEMPTED IMPACT FEES NEED NOT BE PAID TO THE COUNTY; AMENDING ARTICLE II OF SUBSECTION B IN SECTION 74-203 TO INCORPORATE THEREIN THE COUNTY'S THEN CURRENT WATER AND SEWER MASTER PLANS; ADDING A NEW SUBSECTION "H" TO SECTION 74-203 TO RECOGNIZE THE SUPERCEDING SPECIAL ACT REQUIREMENTS APPLICABLE TO REFUNDS OF WATER AND SEWER IMPACT FEES; ADDING A NEW SUBSECTION "1" TO SECTION 74-203 REGARDING WAIVERS OF IMPACT FEES FOR ELIGIBLE NOT-FOR-PROFIT, CHARTABLE ENTITIES; ADDING A NEW PARAGRAPH "G" TO SUBSECTION D OF SECTION 74-303 REGARDING WATER AND SEWER IMPACT FEE CREDITS THAT MAY BECOME AVAILABLE TO MULTI-FAMILY UNITS, DUPLEXES, MOBILE HOMES OR TRAVEL TRAILER RECREATIONAL VEHICLES; CORRECTING SCRIVENER'S ERRORS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE WHEREAS, on March 13, 2001, the Board of County Commissioners of Collier County adopted Ordinance No. 2001-13, the "Consolidated Impact Fee Ordinance," which is Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS, the Public Utilities Division has requested that the Consolidated Impact Fee Ordinance recognize that the level of service standards applicable to water and/or wastewater facilities be either the level required by the County's Comprehensive Land Use Plan or by the Water or Wastewater Master Plan, whichever imposes the stricter standards; and WHEREAS, the Public Utilities Division requests authorization to spend water and sewer impact fees and to grant developer contribution credits to the extent authorized by the Water or Sewer Master Plan provided the respective project is not in conflict with the County's then current Comprehensive Land Use Plan; and WHEREAS, the County's former Road Impact Fee Ordinance provided that all "government buildings" were exempt from payment of road impact fees, including buildings constructed by or on behalf of the tenant (or subtenant) on County-owned leased premises at any of the three County-owned airports, and the leasing agreemer AGENDA ITEM NO. SEP 1 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 expressly provided that such improvements, at the end of the leasing agreement, at the option of the County would become the property of the County; and WHEREAS, The recently adopted Consolidated Impact Fee Ordinance, which became effective on March 19, 2001, eliminated all of the former "government buildings" exemptions from payments of road impact fees, including, inadvertently, then existing airport leases; and WHEREAS, to eliminate the unintended elimination of the prior "government building exemptions" in the context of then existing airport leases, which occurred as a result of Ordinance No. 2001-13, the Board desires to authorize the County Manager to grant exemptions from Road Impact Fees with regard to future applications for building permits requesting authorization to construct buildings by or through such tenants or subtenants at each Collier County-owned Airport, provided that the lease was signed by both parties prior to March 13, 2001, and the lease then specified that the County (or the Airport Authority) can elect to either acquire title to such building(s) at no cost, or can elect that such improvements be removed and the leasehold estate be restored to the physical conditions that existed before commencement of the lease at no cost to the County; and WHEREAS, the Consolidated Impact Fee Ordinance eliminated provisions for waivers of impact fees in all instances except affordable housing waivers or deferrals; and WHEREAS, the Board of County Commissioners desires to establish a limited program to authorize granting of waivers from payment of impact fees only for specified, tax exempted, not-for-profit, charitable, entities that provide specified services of substantial benefit to Iow income or very Iow income residents of Collier County at no charge or at reasonable, reduced rates, and, subject to being increased by possible cash being carried forward into the next succeeding fiscal year, the cumulative total of these waivers shall not exceed one hundred thousand dollars ($100,000) in any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article I, Subsection D in Section 74-104 of the Collier County Code of Law and Ordinances (Collier County Ordinance No. 2001-13) is hereby amended to read as follows: Section 74-104. Findings. It is hereby ascertained, determined and declared: D. The level of service standards for the Public Facilities as adopted in the Collier County Comprehensive Plan or in the Water Master or Wastewater Master Plan, as may hereafter be amended from time to time are controlling upon this chapter and a 2 Underlined text is added; StucP. through text is deleted. AGENDA ITEM No. , SEP 1 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 incorporated throughout this chapter. SECTION TVVO. Section 74-108 "General Definitions" is amended only as follows: The definition of "Adult Congregate Living Facility (ACLF)/Assisted Living Facility (ALF) is amended to read: "Adult Congregate Living Facility (ACLF)/Assisted Living Facility (ALF)" shall mean facilities that consist of one or more (not limited to multi-unit buildings) multi-unit buildings, desig¢~ used for elderly living. They may also contain dining moms, medical facilities, and recreational facilities. The primary characteristics that distinguish ACLF's from Nursing Homes is the ability of the residents to care for themselves. ACLF's may include private homes, boarding homes and other places that u~,~ectake4e must provide, for a period exceeding twenty-four (24) hours at a time, food and other personal services for four or more adults not related to the owner, who require such food and services. These facilities may provide limited nursing services, when specifically licensed to do so pursuant to Section 400.407, Florida Statutes. The definition of "Adult only community" is amended to read as follows: "Adult Only Community" shall mean a community or development, or specific part(s) thereof, in which al_il the residents can only must be abeve-t,~a~e~ older than eighteen years of age as and is evidenced by ~ permanent age restrictions recorded in the land records of the County, which restrictions shall run with the such .qeo.qraph c areas. which c3nnot be ch2nged by ~ simple vote of the residents.. The definition of "Square Footage" is amended to read as follows: "Square Footage" shall mean the gross area measured in feet from the exterior faces or exterior walls or other exterior boundaries of the Building;. For the calculation of Road Impact Fees, ~ Square Footage excludes areas within the interior of the building which are utilized for parking. SECTION THREE. A new subsection "7" is hereby added to Subsection (D) ("Exemptions") in Section 74-201, to reinstate exemptions from payment of only Road Impact Fees as follows: F. Exemptions from Road Impact Fees for Specified Airport Leases 1. Placement of buildings upon the leasehold by or through the leasing subtenant or tenant within the then existinq boundaries of a County-owned airport am, eligible for exemptions from Road Impact Fees provided the airport leasing agreement was executed prior to March 13, 2001, and the lease, when executed, expressly provid ~d Underlined text is added; ~ ........ ~.. text is deleted. AGENDA ITEM No, SEP 1 1 2001 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 $7 38 I that the County or the Airport Authority, not later than twenty-nine (29) years subsequent to 2 the initial effective date of the leasing agreement, at no expense to the County or Airport 3 Authority, will automatically acquire title to the respective buildinqs, or if the Board or 4 Airport Authority decides not to acquire title to such buildinqs, the subtenant (or tenant), at 5 no expense to the County or the Airport Authority, shall promptly remove such buildings and restore the leased (or subleased) premises to the physical conditions that existed as of the commencement date of the respective leasinq agreement. Eliqibility for these exemptions shall be vested retroactively to the date of the oriqinal execution of the lease. 2. These exemptions are to be granted by the County Manager subject to an application for the requested exemption beinq submitted to the County Manager, which shall include a copy of the associated airport lease and a description of the associated airport leasehold development. Each such request must be submitted to the County Manaqer not later than the date of the application to the County for the associated buildin.q permit(s) unless a time extension is granted by the County Manager for good cause. SECTION FOUR. Section 74-203, Paragraph C, is hereby amended as follows: C. All funds on deposit which are not then immediately necessary for expenditures shall be invested by the County in compound-interest bearinq Trust Fund(s). All income derived from such investments shall be deposited in the specific Impact Fee Trust Fund from which the invested funds came. To the extent not prohibited by law, rule, regulation or contract (including bond covenants), interest then accrued in the respective Trust Fund shall be used to fully fund "not-for-profit" charitable entity Impact Fees waivers. Accrued interest in one Trust Fund shall not be loaned to, transferred to, or otherwise be treated to the credit of any other Trust Fund or any other account. Impact Fee waivers granted by the Board shall be paid from accrued interest from each Trust Fund affected by the waivers. In the event the administrator of a respective Trust Fund is of the opinion that then accrued interest in the respective Impact Fee Trust Fund is insufficient to fund the then pending requested waivers, the manager of each such Trust Fund shall notify the County Manager in writinq of the factual and leqal bases for those opinions. Accrued interest shall be deemed to "be available" to fund these "not-for-profit, charitable entity" waivers unless there then exists an actual legal prohibition whereby that accrued interest cannot leqally be used to fund the requested waivers. SECTION FIVE. Section 74-202, paragraph A, is hereby amended as follows: A. Unless deferred or waived_by a written Agreement with the County as a party there[o, or uniess exempted, the Impact Fee shall be paid in full prior to the issuance of a Building Permit for the Development, and no Building Permit or any other authorizatio to 4 Underlined text is added; Sluck thrcu,~h text is deleted. AGENDAITEM No. SEP 1 1 2001 1 2 3 4 5 6 7 8 9 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 use the land included in the Development shall be issued until each applicable Impact Fee has been paid in full. SECTION SiX. Article II, subsection B in Section 74-203 (immediately following paragraph 21 therein) is hereby amended as follows: B. The monies deposited into the Impact Fee Trust Fund shall be used solely to finance Public Facilities required by growth as projected in the Impact Fee Studies,_er the Comprehensive Plan, or in the County's then current Water or Sewer Master Plan provided the project in the respective Master Plan is consistent with the Comprehensive Plan. SECTION SEVEN. A new subsection "H" is hereby added to Section 74-203, to acknowledge and apply the superceding requirements of Section 19(D)of Chapter 88-499, Laws of Florida with regard to water and sewer Impact Fee, as follows: H. Notwithstanding any other provisions in this Ordinance or in any other County Ordinance, the provisions in subsection (D)of Section 19, Chapter 88-499, Laws of Florida, a Florida Special Act applicable to the County's Water-Sewer District, specify the requirements for eligibility for refunds of water and sewer Impact Fees when the structure on the property is not authorized to connect into the County's respective utility system within ten (10) years of the date of payment of the related Impact Fees. The Administrator of the Public Utilities Division is authorized to grant such refunds without further approval from the Board subject to the refund applicant complying with all then applicable refund requirements. SECTION EIGHT: A new subsection 'T' is hereby added to Section 74-203, to authorize waivers of impact fees for eligible not-for-profit, charitable, entities, only as follows: I. Impact Fee Waivers Available to Charitable Orqanizations and Charitable Trusts. These Impact Fees waivers are available only to eligible to not-for-profit, charitable entities as specified herein. The cumulative total of all not-for-profit waivers in each of the County's fiscal years shall not exceed one hundred thousand dollars ($100,000). If the total amount of impact fees waived pursuant to these provisions in one fiscal year is less than $100,000, or is less than the total in the fundinq account for that fiscal year, the sum of money not waived can be carried forward into the next fiscal year and, at the discretion of the Board, can be added to the $100,000 fundinq account for the new fiscal year. Neither Impact Fees collected by the County for educational facilities nor fire impact fees shall be waived under these provisions. 1. Entities Eliqible for Waivers. These waivers are available only to charitable, not-for-profit entities that provide services of substantial benefit to Iow income or very Iow income residents of Collier County at no charge or at reasonable, reduced rates, and nr Underlined text is added; Stuck thrcugh text is deleted. AGENDA ITEM NO. SEP 1 1 2001 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 1 part of the net eaminqs of the entity shall inure to the benefit of any private shareholder or 2 individual, and the entity complies with at least one (1) of the followinq: 3 a. The entity is described in subsection 501(C)('3) of Chapter 26 of the 4 United States Internal Revenue Code as a corporation, a community chest, a fund, or ~ 5 foundation organized and operated exclusively for charitable purposes, or for testing for 6 public safety, or for prevention of cruelty to animals or children, and is then exempt from 7 taxes under Section 501(a) therein; or 8 b. The entity Is described in subsections 501 (C)(4)(A) and (B) of Chapter 26 9 of the United States Internal Revenue Code as either a Civic League or an orqanization not 10 organized for profit and operated exclusively for the promotion of social welfare, and in 11 exempt from taxes under Section 501(a), therein; or 12 c. The entity Is described in subsection 501(C)(19) of Chapter 26 of thn United States Interna~ Revenue Code as a Post or orqanization of past or present members of the Armed Forces of the United States, or as an auxiliary unit or society of, or as a trust or foundation for, any such Post or orqanization and is exempt from taxes under Section 501(a) therein; or d. The entity is described in subsection 501(C)(20) of Chapter 26 of the United States Internal Revenue Code as an orqanization or trust, the exclusive function of which is to form part of a qualified group legal services plan or plans within the meaninq of Section 120 as referenced therein; or e. The entity is a hospital, a cooperative hospital service organization, ,q medical research organization, or similar organization under any provision within (or referenced) in Section 501 of Chapter 26 of the United States Internal Revenue Code and the entity is exempt from federal income taxation; or f. The entity is then exempt from Florida's annual and nonrecurring intangible taxes pursuant to Subsection 199.185(4), Florida Statutes, as a "Charitabln Trust" and at least ninety-five percent (95%) of its income is paid to one (1) or more of the above-~isted federal tax exempt entities. 2. Amount of Waivers Available to Applicants. Subiect to not exceedinq tho amount of impact fees paid (or to be paid) by the applicant to the County, the applicant may request waivers of all impact fees that are waivable under these provisions, but nn applicant shall be granted more than $5,000 of not-for-profit waivers. 3. No construction that has obtained an affordable housinq waiver under this Article shall be eliqible for any waiver under these provisions. No construction that has been .qranted a waiver under these provisions shall be eliqible for any County affordable housing waivers. 4. Applications for Waivers Pursuant to this Section 74-203. a. The applicant must file a written waiver request application to the County I 6 Underlined text is added; St'.:'c~ throug-~ text is deleted. I AGENDA ITEM No, ~ SEP 1 1 2001 1 Manaqer not later than concurrently with payment of the respective Impact Fees. The 2 County shall not accept any such applications after the respective impact fees have been 3 paid to the County. The applicant can avoid payment of Impact Fees (up to the maximum 4 amount of impact fees that may possibly be waived for that applicant) only when it is 5 possible that the Board may grant the requested waiver before the respective Impact Fees 6 become due and payable to the County. The application must prove all of the applicable 7 above-specified elements that render the entity eligible for the requested waivers, including 8 required the tax exemption(s). The County Manager may request additional information 9 deemed appropriate to ascertain the applicant's eliqibility for the requested waivers, 10 including criteria noted in Sections 196.195 and 196.196, Florida Statutes. 11 b. No priority shall be given to any application based on any "first come, first 12 served" basis. The County Manager shall review each application to determine eligibility 13 for the requested waivers. Within thirty (30/ days after receipt of the application, the 14 County Manager should inform the applicant in writinq whether the application is complete. 15 If the application is incomplete, the application may be returned to the applicant, specifying 16 in writinq why the application fails to prove that the entity is eligible for the requested 17 waivers. After receipt of such notice, the applicant shall have an additional thirty (30) days 18 to re-submit an amended application. Failure to meet this deadline shall void the 19 ~pplicant's eligibility for the requested waivers unless an extension is granted for .qo_o_d 20 cause at the County Manager's discretion. 21 c. After an application is determined by the County Manager to meet the 22 above-specified minimum filinq requirements, the County Manager shall promptly place the 23 application request on the County's Manager portion of the Board's agenda. The fiscal 24 year in which the waiver application is granted or denied by the Board shall be the fiscal 25 year that applies to the application. The Executive Summary shall specify the criteria 26 deemed by the County Manager to render the applicant eligible (or ineligible) for the 27 requested waivers, and shall include the County Manager's recommendations whether the 28 Board should qrant the request in whole or in part, or should deny the request, along with a 29 proposed Resolution that may be adopted by the Board that contains specific findings that 30 the applicant is (or is not) eligible for the requested waivers. No Resolution shall apply to 31 more than one (1) applicant. Waivers qranted shall be final and vested immediately upon 32 adoption of the Resolution. 33 5. Not-for-profit waivers are discretionary and the Board's decisions are final. 34 6. The County Manager may adopt additional generally applicable procedural 35 rules with regard to application requests provided those rules apply to all similarly situated 36 applicants and do not impose additional mandatory eligibility requirements upon any 37 applicant. 38 Underlined text is added; Stuck through text is deleted. AGENDA I T E-/~ ..... No. ~ SEP 1 1 2.001 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 I SECTION NINE. A new paragraph "g" is hereby added to Subsection D in Section 74- 2 303, as follows: 3 .q. Multi-family unit, duplex, mobile home or travel trailer recreational vehicle 4 impact fees shall be paid to the County at the larqest dollar amount based upon the 5 permit/space, or the meter size as determined by applying Ordinance No. 97-17 as then 6 amended or superceded. In the event the meter size calculation results in a larqer initial 7 payment of such Impact Fees than would result by application of the permit/space 8 calculations, the payer of such larger initial water and/or sewer Impact Fees shall b~. 9 entitled to impact fee credits aqainst additional units as buildinq permits for those additional 10 units are issued by the County within that development. Staff is authorized to approve and grant such credits. SECTION TEN. Scrivener's Error Corrections. This Section corrects scrivener's errors in Chapter 74, the Collier County Code of Laws and Ordinances (Ordinance No. 2001-13)as follows: A. Section 74-100, titled "Repeal of Ordinances" is hereby amended to correct scrivener's errors as follows: On the effective date of this Ordinance the following Collier County Ordinances were repealed and superceded in their entirety: Ordinance Number No. 98-69, as amended, the Collier County Regional Water and/or Wastewater Systems Impact Fee Ordinance; Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Ordinance ~'~'- ~,,,4 ~ ..... +;.-....~ ~-.~,m.... !top,ct ~,~ ~; ...... Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance; Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Ordinance; and Collier County Ordinance No. 98-30, the Isles of Capri and Ochopee Fire District Impact Fee Ordinance. B. In Section 74-203, titled "Use of Funds" immediately following paragraph 21 of Subsection B: Subsections A, B. C, D, and E are corrected to read as follows: A-should be C; B should be D; C should be E_E_; D should be F; and E--should be G. SECTION ELEVEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional or by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. 8 Underlined text is added; Stuck thrcugh text is deleted. AGENDA ITEM No. ~ SEP 1 1 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SECTION TWELVE: INCLUSION IN CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION THIRTEEN: EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk By: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By:_ Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney James D. Carter, Ph.D., Chairman Underlined text is added; S~ ,~' ,h . u ......rough text ~s deleted. AGENDA ITEM SEP i 1 2001 EXECUTIVE SUMMARY RECOMMENDATION TO AMEND ORDINANCE NO. 96-40 BY ADOPTING CERTAIN NEW PERSONNEL POLICIES AND MODIFYING SEVERAL EXISTING PERSONNEL POLICIES. OBJECTIVE: To amend Ordinance No. 96-40 by adopting certain new personnel policies and modifying several existing personnel policies. CONSIDERATION: Currently the Human Resources Department maintains a Practices and Procedures Manual which serves as an informational tool for employees to use as a guideline in order to adhere to the policies set forth by the Board of County Commissioners. Periodically, due to changes in federal, state or local laws or general organizational changes, the Practices and Procedures Manual is reviewed and updated. As the result of such a review, it is recommended that the Board adopt the additions and changes to Exhibit A of Ordinance 96- 40. Said additions and changes are indicated by underlining and strikethroughs. A summary of these are as follows: Americans With Disabilities Act (ADA) It is the policy of the County to comply with the provisions of the Americans with Disabilities Act (ADA) of 1990. Anti-Fraternization (3) was added to read: ~ the potential likelihood of sexual harassment in the workplace. Cessation of Normal Government Activities and Personnel Roles and Responsibilities Durin,q Emergencies It is the policy of the County to provide the establishment of roles and responsibilities for all agencies under the Board of County Commissioners in the event of the cessation of normal government activities during emergencies. Code of Ethics It is the policy of the County to ensure that all employees conduct their employment duties in a manner which is free from any conflicts of interest. Additionally, the standards of conduct as outlined by the Florida Commission on Ethics, ~'~ *~'~ ~'~'~ "'*~'~ :~ ~ ......... ' ^ ~' Chapter 112, Fla. Stat., Part III and, as may be applicable, County Ordinance No. 99-22, as amended, shall be guidelines for County employees. Commitment to Fair Treatment for Reqular Full-Time and Part-Time Employees Below The Level of Section Head The County has established ........ etc. (establish was changed to established) Compensation and Administration It is the policy of the County to establish and administer a system of compensation based on principles of public accountability, external competitiveness ......... (stays the same down to)...This system shall be utilized to contribute to an environment conductive to employee motivation~e¢~- productivity and ensure that public employees are compensated for work performed consistent with the County's policies on paid and unpaid leave. SEPll 2001 Emer.qency / Disaster Pay It is the policy of the County to provide for the implementation and administration of a procedure to provide compensation for employees that are required to work during Emergencies and/or Disasters. This compensation may or may not be supplemented by any federal and/or state provisions relatin.q to these events. Family Medical Leave It is the policy of the County to comply with the provisions of the Family Medical Leave Act of 1993. Fire and Bomb Threat Evacuation Plan It is the policy of the County to provide procedures for the evacuation and general safety of customers, employees and the iudiciary in the event of a fire and/or bomb threat. Flexible Workplace It is the policy of the County to provide for the establishment of a flexible workplace in a manner that will support the needs of the County and its citizens. Jury Duty It is the policy of the County, consistent with applicable state and federal law, to provide an atmosphere that encourages employees to fulfill their civic responsibilities by serving iury duty when required. No Harassment It is the policy of the County to prohibit harassment based upon race, religion, national origin, a.qe or disability in the workplace. Like sexual harassment, such harassment is unlawful, distracts employees from leqitimate iob functions and serves no useful purpose in the workplace. Probationary Periods In the second line .........employee's has been changed to say employees'. .... (that is only change). Vacation Sell Back Option It is the policy of the County to provide a program in which employees have the opportunity to sell back designated amounts of unused vacation at specified time(s) durinq the year. The County feels that it is very important that employees take vacation throughout the year and this policy will also ensure that employees retain a desiqnated amount of vacation for that purpose. Workplace Violence Prevention It is the policy of the County to prohibit workplace violence and to maintain a safe work environment. FISCAL IMPACT: These items may have a financial impact that is hard to determine, however funds have been anticipated and budgeted in each department's operating budget where applicable. AMEND ORDINANCE 96-40 Page 2 GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board amend Ordinance No. 96-40 by adopting the new and modified personnel policies attached to this Executive Summary as Exhibit "A" to Ordinance No. · 0.'~¢¢ ~ Date: .(~ Ga~W: Beauchamp, Ph.D., ~'' EmpieyCe Relations Supervisor Human Resources Depadment /' REVIEWED BY: ~f~.(?..~l:_ ./'~'~ '-'~ -&: ~ ;' i Date: ~¢~eorgE/P. Bradley, Director :.'~ Human Resources Depadme~t REVIEWED BY: ~~ Date: ?.//-'~. ./~/~., Jo-Anne V~rcoe-Leamer, Suppod Services Administrator COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS Clerk to the Board: Please place the following as a: X Normal legal Advertisement [] Other: (Display Adv., location, etc.) Originating Dept/Div: Human Resources Person: George Bradley Date: 08/24/01 Petition No. (If none, give brief description): Petitioner: (Name & Address): Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before X BCC BZA Other Requested Hearing date: (Based on advertisement appearing 10 days before hearing. 09-11-01 Newspaper(s) to be used: (Complete only if important): X Naples Daily News [] Other [] Legally Required Proposed Text: (Include legal description & common location & Size: AN ORDINANCE AMENDING ORDINANCE NO. 96-40, ALSO KNOWN AS THE "COLLIER COUNTY PERSONNEL ORDINANCE", BY ADDING PERSONNEL POLICIES ON THE AMERICANS WITH DISABILITIES ACT, PERSONNEL RESPONSIBILITIES DURING EMERGENCIES, EMERGENCY AND DISASTER PAY, FAMILY ~MEDICAL LEAVE, FLEXIBLE WORKPLACE, FIRE AND BOMB THREAT EVACUATION PLAN, JURY DUTY, VACATION SELL BACK OPTION, WORKPLACE VIOLENCE PREVENTION, AND NO HARASSMENT; BY ~'~'3DIFYING PERSONNEL POLICIES ON COMPENSATION ADMINISTRATION, ANTI-FRATERNIZATION, AND CODE OF AICS; CORRECTING TYPOGRAPHICAL ERRORS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? X Yes 121810649100 Ge ~ rTB ~_~ad lviewed by: ~,~ Division Administrator or Designee [] No If Yes, what account should be charged for advertising costs: 001- Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Neie: If legal document is involved, be sure that any necessary legal review, or reque; ~ for same, is submitted to County Attorney before submitting to County Manager. The Manager's offic~ ,-ili~u~M -~ copies: no. ~ [] County Manager agenda file: to [] Requesting Division [] Original S EP 1 !2001 Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office. retaining a copy for e.~"~----- FOR CLERK'S OFFICE USE ONLY: Date Received: Date of Public hearing: Date Advertised: ORDINANCE NO. 2001- ' AN ORDINANCE AMENDING ORDINANCE NO. 96-40, ALSO KNOWN AS THE "COLLIER COUNTY PERSONNEL ORDINANCE", BY ADDING PERSONNEL POLICIES ON THE AMERICANS WITH DISABILITIES ACT, PERSONNEL RESPONSIBILITIES DURING EMERGENCIES, EMERGENCY AND DISASTER PAY, FAMILY MEDICAL LEAVE, FLEXIBLE WORKPLACE, FIRE AND BOMB THREAT EVACUATION PLAN, JURY DUTY, VACATION SELL BACK OPTION, WORKPLACE VIOLENCE PREVENTION. AND NO HARASSMENT; BY MODIFYING THE PERSONNEL POLICIES ON COMPENSATION ADMINISTRATION, ANTI- FRATERNIZATION, AND CODE OF ETHICS; CORRECTING TYPOGRAPHICAL ERRORS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners (hereinafter also referred to as the "Board") desires to provide high quality service for the citizens of Collier County, Florida; and WHEREAS, the Board of County Commissioners hereby seeks to establish a framework for the creation of personnel policies which are legal and equitable and which will attract and retain capable employees as well as maintain the highest principles of professionalism. NOW, TIIEREFORE BE IT ORDAINED BY T[IE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY~ FLORDA THAT: SECTION 1. TITLE. This Ordinance shall be known as the "Collier County Personnel Ordinance." SECTION 2. FINDINGS. A. The Board of County Commissioners of Collier County hereby finds that the competent, professional and efficient administration of c,9unty government and, specifically, matters of human resources, requires the passage of this Ordinance. The Board further finds that it is in the public interest to separate the functions of the establishment of human resources policies and the administration of said policies between the Board and the Cot,nty Administrator, respectively. This approach is hereby found to promote the Board's legitimate .Iy~i ....... v;.,, function while at the same time avoiding excessive bureaucratic review by ' allowing the County's professional administrator and his staff to manage human resources through appropriate rules, practices and procedures. B. Pursuant to Collier County Ordinance No. 93-72, as amended, :the Board hereby finds that the administration of personnel policies with regard to the Office of the County Attorney shall be within the exclusive province of the County Attorney. C. Notwithstanding anything to the contrary in Collier County Ordinance No. 93-72, as amended, the Board hereby finds that the administration of personnel policies by the County Administrator shall hereby include, but not be limited to, the power of the County Administrator to: create and approve position classifications and pay plans for all positions in County service; to create and approve the procedures to suspend, discharge or remove any employee under the jurisdiction of the Board and to otherwise administer the personnel policies established by the Board. SECTION3. AUTHORITY, PURPOSE AND PERSONNEL POLICt~S__Y GOALS A. Authority. This Ordinance is enacted pursuant to the power to carry on county government granted to the Board of County Commissioners by Chapter 125, Florida Statutes. B. Purpose. It is the purpose of this Ordinance to establish that it is exclusively the Board of County Commissioners that has the authority to establish personnel policies. It shall be the exclusive authority of the County Administrator and/or his staff (with the exception of personnel administration relating to the Office of the County Attorney) to implement the Board's policies and to create andy necessary rules, practices and procedures for the administration of the Board's policies. The County Administrator is hereby further authorized to assemble the personnel policies and procedures in a compilation to be known as the Collier County Human Resources Practices and Procedures Manual. The policies in said mannal shall be changed only upon majority vote of the full Board of Co~,ntv SEP 1 120O1 Commissioners of Collier County, Florida. following categories of persons: Commissioners. Changes to any rules, practices or procedures implementing the ' Board's policies may be made by the County Administrator without the necessity of Board approval. C. Policiesy Goals. : Collier County personnel policies shall adhere to the following goals: 1. No discrimination shall be permitted because of political affiliation, race, religion, national origin, physical disability, age or sex, except where age, sex or physical disability are a bona fide occupational qualification. 2. Working conditions, benefits and salaries shall be equitable and will attract and retain capable employees. 3. Recruitment, selection, and advancement of employees shall be based on relative ability, knowledge, skill and past performance. 4. Employees shall be trained to assure high quality performance and encouraged to attain the highest level of professionalism. 5. Employees shall be protected against coercion for partisan political activities and are prohibited from using their official aothority for the purpose of interfering with or affecting the result of an election or a , nomination for office. 6. A procedure shall be established for the presentation and adjustment of employee complaints based on alleged inequitable treatment resulting from conditions of their employment or based on alleged discrimination, provided that the alleged discrimination otherwise violates applicable Federal or State law; and provided further that nothing herein is intended to create an expectation of continued employm'ent or a property ,,,, right in employment. SECTION 4. SCOPE AND APPLICATION This Ordinance shall apply to all employees of the Board of County This Ordinance shall not apply to the SEP 11 20{31 A. The members of the Board of County Commissioners, other elected officials, and persons appointed to fill positions under the jurisdiction of such other elected officials, unless or until said elected officials voluntarily agree to operate under the provisions of this Ordinance; B. Members of appointed or elected Boards and any members of any County created authority; C. Persons employed to conduct a temporary or special inquiry, investigation, examination, service, or project on behalf of the Board of County Commissioners, or a committee thereof; D. Volunteer personnel who receive no regular compensation from Collier County, Florida; E. Persons perfm-ming work under contract for Collier County, who are not carried on the payroll as employees. SECTION 5. PERSONNEL POLICY CREATION AND ADMINISTRATION A. The Board of County Commissioners shall have the exclusive attthority to approve personnel policies by majority vote of the full Board. The majority vote of the full Board shall also be required to amend or otherwise change personnel policies. The existing and current personnel policies contained in Exhibit "A" attached hereto and found in the Collier County Human Resources Practices and Procedures Manual, are hereby ratified and approved. B. The County Administrator and/or his staff (with the exception of personnel administration relating to the Office of the County Attorney) shall have the exclusive authority for implementing Board personnel policies by creating and setting personnel rules, practices and procedures for administration of the Board's policies. Said rules, practices and procedures shall be compile'd, along with the Board's policies, in the Collier County Human Resources Practices and Procedures Manual. All rules, practices, procedures and administration shall conform to the personnel policies established by the Board of County Commissioners. SECTION 6. SUPERSEDING AND REPEAL OF ORDINANCE NO. 83-7 Collier County Ordinance No. 83-7, which provided for Collier County Personnel Rules and Administration, is hereby superseded in its entirety and repealed as of the effective date of this Ordinance. SECTION 7. INCLUSION IN THE CODE OF LAWS AND ORDiNA[qCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION 8. CONFLICT AND SEVERABIL1TY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 9. EFFECTIVE DATE This Ordinance shall become effective upon filing with the Depamnent of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of __ ATTEST Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLiER COUNTY, FLORIDA By: By: Approved as to form and legal sufficiency: Michael W. Pettit Assistant County Attorney James D. Carter, Ph.D., CHAIRMAN AGE MOA ITEM SEP 11 2001 Pg. q ~ Exhibit "A" COLLIER COUNTY PERSONNEL POLICIES COLLIER COUNTY PERSONNEL POLICIES ADMINISTRATIVE It is the policy of the County to develop and utilize Personal Rules and Regulations to ensure uniform understanding and application of County Human Resource policies and procedures, identify authority and responsibility for such policies and practices while providing a working guide for new and existing supervisory and management personnel. These shall be referred to as the Collier County Human Resources Practices and Procedures Manual. AIDS/CATASTROPHIC ILLNESS IN THE WORKPLACE It is the policy of the Collier County Government to maintain a safe and healthful work environment for its employees. It is recognized that many employees with life- threatening illnesses desire to lead normal lives, which includes working as long as their health permits. AMERICANS WITH DISABILITIES ACT (ADA) It is the policy of the County to comply with the provisions of the Americans with Disabilities Act (ADA) of 1990. ANTI-FRATERNIZATION It is the policy of the County to prohibit romantic associations of employees to the extent that one of the employees serves in a managerial and/or supervisory capacity in relation to the other employee. This policy applies where one employee has responsibility for the other employee's job evaluation, work assignments and/or for responsibility for or recommendation of personnel action with regard to that employee. This policy is implemented to avoid: (1) actual or perceived conflicts of interest based on personal relationships; (2) actual or perceived sexual favoritism in the workplace; and (3) the potential likelihood of sexual harassment in the workplace. FAGEt~)A ITEM '1 i $£P 1 I 2001 I APPEARANCE AND PERSONAL HYGIENE It is the policy of the County to require employees to dress in clothing appropriate for their positions. Such clothing is to be clean and neat. Further, employees shall engage in personal hygiene habits that ensure an atmosphere that is inoffensive to co-workers and customers. BUSINESS TRAVEL It is the policy of the County to encourage business travel by paying applicable expenses when the travel is necessary or beneficial to the County, and the expenses are incurred in the pursuit of County business. CESSATION OF NORMAL GOVERNMENT ACTIVITIES AND PERSONNEL ROLES AND RESPONSIBILITIES DURING EMERGENCIES It is the policy of the County to provide the establishment of roles and responsibilities for all agencies under the Board of County Commissioners in the event of the cessation of normal government activities during emergencies. CLASSIFICATION PLAN It is the policy of the County to establish and utilize a position Classification Plan which provides a systematic arrangement and inventory of positions grouped into classes indicative of the range of duties, responsibilities, and level of work performed. The class titles standardize the meaning, allocation, and usage of the plan throughout the County based upon the similarity of work and duties performed. CODE OF ETHICS It is the policy of the County to ensure that all employees conduct their employment duties in a manner which is free from any conflicts of interest. Additionally, the standards of conduct as outlined by the Florida Commission on Ethics, am~t~lhe~a)4 Et.h, ics in G,c;'emment Act Chapter 112, Fla. Stat., Part III and, as may be applicable, County Ordinance No. 99-22, as amended, shall be a guidelines for County employees. 2 COMMITMENT TO FAIR TREATMENT FOR REGULAR FULL- TIME AND PART-TIME EMPLOYEES BELOW THE LEVEL OF SECTION HEAD The County has established a Commitment to Fair Treatment policy and procedure to provide a vehicle for employees to solve problems or resolve disputes which may arise regarding the application, meaning or interpretation of the County's Human Resources Practices and Procedures. The Commitment to Fair Treatment procedure does not apply to probationary employees, temporary employees nor employee performance appraisal ratings. The County understands when people work together, disagreements are likely to occur. The County is committed to providing fair treatment to all employees and will ensure each concern is handled in an efficient and equitable manner. It is the intent and desire of the County to adjust complaints informally. Both supervisors and employees are expected to make every effort to resolve problems as they arise. It is the responsibility of all involved parties to accept the final decision in this process. COMPENSATION ADMINISTRATION It is the policy of the County to establish and administer a system of compensation based on principles of public accountability, external competitiveness, internal equity, relative complexity and responsibility between classifications, market economic conditions, County financial policies and appropriate federal, state and local laws pertaining to compensation. This system shall be utilized to contribute to an environment conductive to employee motivation~ and productivity and ensure that public employees are compensated for work performed consistent with the County's policies on paid and unpaid leave. DISCIPLINE It is the policy of the County to implement a policy of positive progressive discipline. The County believes employees are the most vital resource of County Government. Therefore, supervisors must take positive corrective action whenever practical. The disciplinary procedures apply only to all regular full-time and pan-time employees below the level of Section Heads, Department Directors, Division Administrators, and all supervi~sory employees directly reporting to the Board of County Commissioners, County Attorney, and County Manager are "exempt" from the disciplinary policy, serve at the will of the County, and may be discharged for any reason. All contractual employees of the County are exempt from the disciplinary policy. SEPt 12.001 pg._l , DRUG FREE WORKPLACE It is the Board of Collier County Commissioners' policy to prohibit the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance in the workplace. This policy is consistent with Section 112.0455, Florida Statutes. Additionally, it is the Board of County Commissioners' policy to comply with the Omnibus Transportation Employee Testing Act of 1991. DUAL EMPLOYMENT It is the policy of the County that the employee's primary employment responsibility is with the County. EMERGENCY/DISASTER PAY It is the policy of the County to provide for the implementation and administration of a procedure to provide compensation for employees that are required to work during Emergencies and/or Disasters. This compensation may or may not be supplemented by any federal and/or state provisions relating to these events. EMPLOYEE ADVISORY COMMITTEE It is the policy of the County to have an Employee Advisory Committee whose purpose is to advise the County Manager on matters concerning employee related issues. The composition, selectedion criteria, term of service, and responsibilities of the Employee Advisory Committee shall attempt to maximize representation of all County Manager Agency operations and foster harmonious employee relations. EMPLOYEE ASSISTANCE PROGRAM It is the policy of the County to consider the relationship between empioyees' personal concerns and work productivity. 4 EMPLOYMENT OF RELATIVES It is the policy of the County to select the best qualified candidates for employment, promotion or transfer. This policy relates to employment situations involving members of the immediate family. It will not provide for special consideration for family members and will not include placement of family members or co-habitators in supervisory or fiduciary relationships. EMPLOYMENT REFERENCES It is the policy of the County to provide employment references for purposes such as securing future employment, obtaining a mortgage, etc. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of Collier County to ensure that all Human Resources policies and practices are administered without regard to race, color, religion, sex, age, national origin, physical or mental handicap, or marital status. FAMILY MEDICAL LEAVE It is the policy of the County to comply with the provisions of the Family Medical Leave Act of 1993. FIRE AND BOMB THREAT EVACUATION PLAN It is the policy of the County to provide procedures for the evacuation and general safety of customers, employees and the judiciary in the event of a fire and/or bomb threat. FLEXIBLE WORKPLACE It is the policy of the County to provide for the establishment of a flexible workplace in a manner that will support the needs of the County and its citizens. 5 SEP 11 INSPECTION OF PERSONNEL RECORDS It is the policy of the County that personnel records of Collier County employees shall be open to inspection, pursuant to the requirements set forth in Florida Statutes. INTERVIEW EXPENSES It is the policy of the County to recognize that reimbursement for interview expenses may be necessary to successfully recruit highly skilled professional, supervisory and technical staff from beyond the local geographic area. .JOB STATUS It is the policy of the County to utilize their human resources in a manner that best meets the service demands of the County through the effective hiring of regular full-time, regular part-time, temporary full-time and temporary part-time employees. JURY DUTY It is the policy of the County, consistent with applicable state and federal law, to provide an atmosphere that encourages employees to fulfill their civic responsibilities by serving jury duty when required. LABOR AGREEMENTS It is the policy of the County that, unless otherwise provided by contract, the Human Resources Practices and Procedures shall not apply to employees covered by union contracts or represented for collective bargaining by a certified bargaining representative. In the event they are made applicable to such union employees by contract, then they shall apply only to the extent outlined in the appropriate contractual agreement. The labor agreement shall be the governing factor in all cases even though the rights or benefits may be greater or lesser than provided for in the Human Resources Practices and Procedures Manual. LIGHT DUTY It is the policy of the County to make light duty assignments whenever possible to utilize those employees who have become physically unable to fully perform their regular duties as a result of a disability. Employees who sustain a disability may be eligible for a light duty assignment based on the extent and duration of their injury, available appropriate work, and/or other relevant factors. Consideration of such assignment will include what is in the best interest of both the employee and the County. NO HARASSMENT It is the policy of the County to prohibit harassment based upon race, religion, national origin, age or disability in the workplace. Like sexual harassment, such harassment is unlawful, distracts employees from legitimate job functions and serves no useful purpose in the workplace. PAID LEAVES OF ABSENCE It is the policy of the County to provide a system for paid leaves of absence for such uses as vacation, medical/health needs, holidays, funerals, or other approved uses. PERFORMANCE APPRAISAL It is the policy of Collier County Government to provide a system for regular assessment and communication with employees regarding their job performances. PERSONAL PROPERTY LOSS It is the policy of the County to encourage the responsible use of personal and County property when conducting County business. POLITICAL ACTIVITY It is the policy of the County to permit County employees to seek elective office without resigning from their current position. 7 Any County employee who wishes to. accept appointment or seek election to any elective office in County Government should understand that his/her candidacy will not affect their employment. No County employee shall take part in political campaigns or other political activities during working hours. PROBATIONARY PERIODS It is the policy of the County to provide a probationary period to be utilized to observe the employee's' work, to ensure the most effective adjustment of new, promoted, transferred, or demoted employees to their positions and to determine whether the employee meets the required work standards. Individuals who complete their probationary period shall receive all benefits as provided by the County. Employees who have their probationary periods extended will receive benefits upon completion of the extended period. RECRUITMENT AND SELECTION It is the policy of the County to attract and retain employees on the basis of their skills, aptitudes, experience, development, performance, potential, and education and training as prescribed in the class specification for each job classification. It is the policy of the County to offer equal employment opportunity to all persons without regard to race, creed, color, sex, age, national origin, religion, disability, or marital status. The Human Resources Department is responsible for the coordination of all aspects of the employment process including recruitment, selection, placement, promotion, transfer, recall of employees, and communication with job applicants. RELOCATION EXPENSES It is the policy of the County to recognize that allowances for relocation may be necessary to recruit skilled professional, supervisory, and technical staff. The County will provide direct payment to contractors and/or reimburse eligible employees for legitimate expenses incurred in relocation in the manner set forth in the Human Resources Practices and Procedures Manual. SAFETY It is ,the policy of the County to achieve the greatest practical degree of freedom from accidents and that all employees are provided safe and healthy working conditions. Safe practices, habits and thinking are the principal objectives of a good safety program. The implementation of the County's Loss Control Program within each department will work to meet these objectives. SEPARATIONS It is the policy of the County to ensure fair and uniform treatment in all separations whether voluntary or involuntary without regard to race, creed, sex, color, religion, national origin, age or marital or disabled status. The Human Resources Department must be notified in advance of all separations. SEXUAL HARASSMENT It is the policy of the County to prohibit sexual harassment in the workplace. Activities of this nature are unlawful, distract employees from legitimate job functions and serve no useful purpose within the workplace. Therefore, sexual advances, requests for sexual favors or verbal or physical conduct that has sexual connotations will not be tolerated. SOLICITATION It is the policy of the County to discourage solicitation in any form during normal working hours. STANDARDS OF CONDUCT It is the policy of the County to provide certain Standards of Conduct in order to establish guidelines for successful employment and uniform guidelines for discipline. These standards have been established in the interest of providing the highest levels of professional service to the public. 9 TRAINING AND EDUCATION It is the policy of the County to encourage employees to pursue training and educational opportunities which will improve the competency level of employees and benefit the County. UNIFORMS It is the policy of the County to provide uniforms for those departmental employees required to wear a designated uniform which meets the safety guidelines of the County. UNPAID LEAVES OF ABSENCE It is the policy of the County to define the policy and procedure regarding unpaid family leave and medical leave benefits required by the Family and Medical Leave Act of 1993 and other unpaid leaves of absence from work. VACATION SELL BACK OPTION It is the policy of the County to provide a program in which employees have the opportunity to sell back designated amounts of unused vacation at specified time(s) during the year. The County feels that it is very_ important that employees take vacation throughout the year and this policy will also ensure that employees retain a designated amount of vacation for that purpose. WORKERS' COMPENSATION BENEFITS It is the policy of the County to assist each employee who sustains an injury which is caused by or arises directly as a result of employment with the County to receive all benefits provided by the Florida's Workers' Compensation Act, other applicable Florida Statutes and County policies. Any changes to the applicable Florida Statutes will supersede this policy. WORK HOURS It is the policy of the County to establish work hours that are conductive to the effective conduct of County business. / SEP 1 12001! WORK RELATED INJURIES It is the policy of the County that the County and its employees be protected whenever a work related accident occurs. Therefore, all Department Directors and supervisors must submit a Notice of Injury Report (DWC-1) form to the Risk Management Department whenever a work related injury occurs involving a County employee whether or not medical attention is needed. WORKPLACE VIOLENCE PREVENTION It is the policy of the County to prohibit workplace violence and to maintain a safe work environment. 11 EXECUTIVE S UMM AR.Y. APPOINTMENT OF COMMISSIONERS TO SERVE ON THE VALUE ADJUSTMENT BOARD AND SET TENTATIVE DATES FOR THE HEARINGS OBJECTIVE: To appoint 3 members (County Commissioners) and 2 alternates to serve on the Value Adjustment Board. (This board was formerly known as the Property Appraisal Adjustment Board; the name was changed by Chapter 91-112 of the FL Stat.) CONSIDERATIONS: Each year 3 County Commissioners and 2 School Board members are chosen to serve on thia Board to hear appeals on property appraisals. The Property Appraiser's Office mm'led out the assessment notices on August 15, 2001. Based on this information, it is suggested that tentative dates for the hearings be established as Wednesday, October 3, Thursday, October 4, and Monday, October 8, 2001. The hearings will begin at 9:00 a. rm By law, these hearings must be scheduled prior to October 14, 2001. The deadline to file appeals was September 10, 2001. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPAC.T.: NONE RECOMMENDATION: That the Board of County Commissioners appoint 3 members and 2 alternates to serve on the Value Adjustment Board, authorize the Administrative Assistant to comact the School Board to request the names of their representatives, and tentatively set Wednesday, October 3, Thursday, October 4, and Monday, October 8, 2001, as the hearing dates for the Value Adjustment Board. Prepared By: Date: Sue Filson, Administrative Assistant September 11, 2001 Pg. ___-] .... EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE COLL~.R COUNTY PLANNING COMMISSION OBJECTIVE: To appoint 1 member to ful£fll the remainder of a vacant term, expiring on October l, 2004 on the Collier County Planning Commission. CONSIDERATIONS: This 9 member committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then submits their recommendations to the Board for final decision. Members are required to file a Form 1, Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years. A list of the current membership is included in the backup. Mr. Gary Wrage, representing Commission District 5; resigned on May 17, 2001. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DiST ELECTOR ADV. COMM. Mark P. Strain Commission District 5 5 Yes GGE Master P1an Committee Fred N. Thomas, Jr. Withdrew COMMITTEE RECOMMENDATION: No Recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointmem, appoint 1 member to fulfill the remainde~'bfa vacant term, and direct the County Attorney to prepare a resolution confh'ming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: September 11, 2001 Memorandum To: From: Date: Re; Sue Filson, Administrative Assistant Board of County Commissioners Susan Murray, AICP, Current Planning Manager July 18,2001 CCPC Vacancies As an advisory board which makes decisions on quasi-judicial land use petitions, the Collier County Planning Commission voted unanimously against making recommendations for specific applicants to fill vacancies on the Planning Commission. Based on my review of the attached resumes and back up material, all of the candidates appear qualified, provided all reside within the appropriate commission district boundaries. I have attached spreadsheet summarizing pertinent information for each of the applicants. CC: John M. Dunnuck, HI, Interim Administrator Community Development & Enviromental Services Division Tom Kuck, P.E. Interim Director Planning Services Department Collier County Planning Commission [Fork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Lora Jean Young 1268 N. Collier Boulevard Marco Island, FL 34145 District: 1 Category: Commission District Mr. Russell A. Budd 5981 14th Avenue, N.W. Naples, FL 34119 District: 3 Category: Commission District Mr. David J. Wolfley 4250 1 st Avenue, N.W. Naples, FL 34119 District: 3 Category: Commission District Mr. Kenneth L. Abemathy 4200 Belair Lane, Apt. 108 Naples, FL 34103 District: 4 Category: Commission District Mr. Russell A. Priddy 13213 C.R. 858 Immokalee, FL 34143 District: 5 Category: Commission District Commission District Mr. Gary Wrage 11023 Linnet Lane Naples, FL 34142 District: 5 Category: ~2-5~5 09/12/00 10/01/03 3 Years 643-6527 09/21/93 10/01/97 594-3012 09/23/97 I0/01/01 455-2363 05/22/01 10/01/03 455..6116 263-4295 657.6661 09/29/99 10/01/03 09/23/97 10/01/01 4 Years 4 Years 2 Years + 4 Years 4 Years 067-3171 I 1/05/96 10/01/00 4 Years 592-6154 09/26/00 10/01/04 4 Years Wednesday, 3tay 23, 2001 Page I of 2 Collier County Planning Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Dwight Richardson 725 101st Avenue, North Naples, FL 34108 District: 2 Category: Commission District Ms. Joyceanna J. Rautio 10261 Windsor Way Naples, FL 34109 District: 2 Category: Commission District Mr. Michael Pedone 5174 Mabry Drive Naples, FL 34112 District: 1 Category: Commission District 594-5341 11/14/00 I0/01/04 4 Years 591-1130 09/29/99 10/01/00 1 Year 592-7530 09/26/00 10/01/04 4 Years 774-3343 07/16/96 I0/01/97 1 Year 775-1158 09/23/97 10/01/01 4 Years This 9 member committee was created by authority of Chapter 67-1246, Laws of FL. On 09103/85 the BCC adopted Res. No. 85-190, expressing intent to consider an ordinance consolidating functions of Coastal Area Planning Commi~ion ~nd lmmokalee Area Planning Commission into CCPC. On 09/24/85, Ord. No. 85-51 created the CCPC, which was repealed by LDC Ord. 91-102. This committee assists in the formulation and review of the Comprehensive Land Use Plan, Land Development Code.~.:and amendments to both, and then submits their recommendations to the Board for final~lecmmn. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4 years, FL STAT Staff: Robert Mulhere, Planning Services Director:: 403-2300 Wednesday, May 23, 2001 Page 2 of 2 MEMORANDUM DATE: June 18, 2001 TO: FROM: Vineli Hills, Elections Office Sue Filson, Admlni~rative Assista~J,/~" Board of County Commissioners ~---"' Voter Registration - Advisory Board Appointmems The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COLLIER COUNTY PLANNING COMMISSION COMMISSION DISTRICT Fred N. Thomas, Jr. 1205 Orchid Avenue Immokalee, FL 34142 Mark P. Strain 3675 Th/rd Avenue, N.W. Naples, FL 34120 O Thank you for your help. MEMORANDUM DATE: TO: FROM: RE: June 18, 2001 Susan Murray, Interim Current P lannin~ .~er Sue Filson, Administrative Assistan~/~ Board of County Commissioners ~.d' Collier County Planning Commission As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Fred N. Thomas, Jr. 1205 Orchid Avenue Immokalee, FL 34142 Mark P. Strain 3675 Third Avenue, N.W. Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-flame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments June 4, 2001 RECEIVED JUH 0 q 200! Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 ltoarO of County Commissioners Dear Mrs. Filson: Attached please find a copy of my resume to be used while you are considering me for the position of Planning Commissioner from District 5. I served 11-years on the Planning Commission and have been off for over 3-years. It is my hope that my past service will warrant positive consideration. Sincerely, Fred N. Thomas, Executive Director FNT/er Collier County Housing Authority 800 Farm Worker Way Immokalee, Florida 34142 (941) 657-3649 '79 FAX (941) 657-/,.32 FRED NIcHoLAS THOMAS, JR. 1205 Orchid Ave. Immokalee, Florida 34142 (941) 657-8181 PERSONAL: Married: Wife, Cherryle Son, Fred N. Thomas, Ill, M.D. Daughter, Mrs. Stephame Williams Grandchildren, Aaron & Kellie Williams & Fred N. Thomas, IV EDUCATION: DEGREE: Bachelor of Arts NORFOLK STATE COLLEGE - Norfolk, VA January, 1964 to May, 1967 Major: Psychology HOWARD UNIVERSITY - Washington, DC September, 1957 to February, 1960 Major: Chemistry SPECIAL PROGRAMS Human Motivation and Achievement, Dr. David McClellan Harvard University, Summer 1965 Color Perception and Language Cognition, Dr. DeeLee Lantz Harvard University & Norfolk State College, 1965-66 Manpower Research Institute, Norfolk State College Norfolk, Virginia 1966-67 Community Leadership School, Norfolk Chamber of Commerce Norfolk, Virginia, 1969 Housing Intern, Norfolk Redevelopment and Housing Authority Norfolk, Virginia, Sram-her 1967 NAHRO Ceaified Public Housing Manager, July 14, 1978 Executive Development NAHRO Training Program Cincinnati, Ohio, June 14, 1979 U.S. Coast Guard Licensed Sea Captain Leadership Collier, Class of 1992 Leadership Southwest Florida - September 8-11, 1993 Leaderahip Florida, Class XVII (1998) EMPLOYMENT: December, 1986 - Preseat: Executive Director of Collier County_ Housing Authority.. July, 1985 - 1986: District Manager for Cardinal Industries. September, Authority_. 1983 - 1985: Director of Housing Management of the Tampa Housing FRED N. THOMAS, JR. Page 2 EMPLOYMENT- Continued November, 1980- Authority. October, 1977- Authority_. September, 1974 Authority_. July, 1969 August, 1983: October, 1980: - October, 1977: September, 1974: Director of Admimstration of the Tampa Housing Executive Director of the Indianapolis Housing Executive Director of the Evansville Housing Director of Community Services--Richmond 1997 - Present 1996 - Present 1998 - Present 1998 - Present 1999 - 2000 1990-Present 1999-Present 1992 - Present 1999 - Present 1988 - Present 1994 - 1996 1987 - Present 1997- 1998 1987- 1998 · , AG~~,~~ ~ 1996 - Present .. 1996-Present c .... . ~ ..,;,.,, ,, Sot~are Support Consortium, Inc. (A non-profit software company_for public housing agencies. President President Immokalee Rotary Member President Director CMC AND PROFESSIONAL ACTIVITIES: Chairman, Immokalee Enterprise Zone Board Board of Directors, Big Cypress Wilderness Institute President Board of Directors, Big Cypress Basin Board Vice Chairman Public Housing Authorities Directors Association Tru~ee Board o£Directors, Redlands Christian Migrant Association Collier County Republican Executive Committee Board of Directors of Immokalee Chamber of Commerce Redevelopment and Housing Authority. September, 1969 - September, 1974: Field Placement Supervisor for Graduate Student at Virginia Commonwealth University_ School of Social Work. June, 1967 - July, 1969: Tenant Relations Advisor -Norfolk Redevelopment and Housing FRED N. THOMAS, JR. PAGE 3 CMC AND PROFESSIONAL ACTMTIES - Continued Florida Association of Housing and Redevelopment Officials President President-Elect Board of Directors FAHRO State Legislative Chairman National Association of Housing and Redevelopment Officials Board of Credenting Trustees National Members Services Committee North Central Regional Executive Board President of Indiana Chapter of NAHRO Governor's Advisory_ on Farmworker Affairs Chairman Immokalee Main Street Board Collier County Planning Commission Chairman Immokalee Foundation Vice President Executive Comm/ttee Beneficiary Advisory Committee Collier County Affordable Housing Commission Chairman, Collier County Affordable Housing Task Force Housing Partnership for Collier County Collier County_ Sheriffs Commission Norfolk State Alunmi Association Member Richmond Chapter President National Vice-President National President Omega Psi Phi Fraternity Member, Omicron Beta Beta Dean of Pledges Pi Iota Chapter Charter Member Beta XI Chapter Keeper of Finances Beta XI Chapter Vice Baisleus Bete XI Chapter Dean of Pledges Phi Phi Chapter 1983- Present 1995-1996 1994-1995 1992- 1997 1989 1967- Present 1977- 1980 10/79-1983 10/79- 11/80 1979 -10/80 1993- 1998 1997- 1998 1997- Present 1997-1998 1988-1997 1992-1993 1991- 1998 1991- 1998 1991-1998 1991- Present 1991-1998 1989-1990 1991 - Present 1989- Present 1967- Present 1970-1972 1972-1973 1973- 1975 1973- 1990 pr~entAGENF?~ 1980 19~6 1975 - 1976 1974 19~6 1973 19~3~__. FRED N. THOMAS, JR. PAGE 4 CIVIC AND PROFESSIONAL ACTIVITIES - Continued NAACP, Collier County Executive Committee National Rifle Association Member Life Member Able Care Advisory Board Collier CounW Parks & Recreation Adviso _fy Board Board of Governors of the Naples Institute Health Planning Council of Southwest Florida, Inc. lmmokalee Vocational Adviso _fy Board United States Coast Guard Auxiliary Member of Flotilla Materials Officer Boat Handling Instructor Member of Flotilla 93 Qualifications Examiner U.S. Jaycees AWARDS: Norfolk Mace Norfolk Jaycees National Chairman of Membership and Retention Planning Committee National Chairman, Minority Affairs National Director of Virginia Jaycees SPOKE - Established State Record by Qualifying in 21 days SPARK PLUG OF THE YEAR Region III Speak Up Winner Listed in Outstanding Young Men of America Listed in Personalities qf the South Greater Immokalee Chamber of Commerce "Citizen of the Year" Leadership Collier 1999 "Alumnus of the Year" Listed by: the Naples Daily News as one of the 100 Most Influential Persons in Southwest Florida for the last 100 years 1991 - 1994 2000- Present 1967 - 1976 1976 - Present 1987-1997 1987- 1988 1994- 1997 1994- 1998 1988- 1997 1981- 1986 1982- 1985 1981- 1990 1986- 1990 1984-1986 1972- 1973 1972- 1974 1972- 1974 1972 -1974 1968 1969 1971 1972 1972 1972 1949 20O0 Application for Advisory Committees/Boards Collier County Board of Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Name: MarkP. Strain Home Address: 3675 Third Ave N.W. Fax No. 732-9403 Business Phone: 404-0104 Business: Property development Home Phone: 455-7858 Zip Code: 34120 e-mail address: mpstrain(~,aoi.com Board or Committee Applied for: Planning Commission Category (if applicable): Example: Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X Do you currently hold public office? Yes No If so, what is that office? No Do you now serve, or have you ever served, on a Collier County board or committee? Yes X No__ If yes, please list the commit~ees/hoards: See attached Please list your community activities (civic clubs, neighborhood associations, etc. and positions held): See Attached Collier County Resident for 23 years Education: See Attached Experience: See Attached Please attach any additional informalion you feel pertLnent. Th/s application shou]d be forwarded to Suc Filson, Administrative Assistant to Thc Board of County Commissioners, 3301 East Tamiami Trail, Naples, Fl 34112. If you wish, please fax your application to (941) 774-3602 or e-mail to suefilson(~,colliergov.aet. Thank you for volunteering to serve the citizens of Collier County. Mark P. Strain 3675 Third Avenue Northwest Naples, Flodda 34120 (941) 455-7858 PROFESSIONAL Gulf Bay Group of Companies 3470 Club Center Blvd. Naples, Florida 34114-0816 EXPERIENCE 1994 to Present Position: Vice President of Planning encompassing the following duties: · Land acquisition & planning. · Assemble and administrate necessary specialty consultants · Establish permitting requirements (DRI, PUD, ACOE, SFWMD, etc.). · Financial analysis of development costs. · Direct project engineering. · Process permitting through local, state and federal agencies. · Develop the 3934 acre residential community of Fiddler's Creek. · Coordinate the establishment of a Community Development District taxing authority. Masterplanned Communities, Inc. 1992 to 1993 Naples, Florida Position: Project Manager for development of a 313 acre golf course community performing the following duties: Assemble team of professionals to develop land plan and site engineering. · Process permitting through all governmental agencies. · Establish development budgets. · Oversee design and engineering for residential products and recreational facilities. Excel Construction and Development, Inc. Naples, Florida 1980 to 1992 Position: President, in charge of day to day management operations. Implemented policies necessary to carry on business activities of a general contracting firm generating up to $10,O00,O00,:-in.-~ve,adv-.~.~.~: ....... revenues. EDUCATION International College 1995 to 1996 Naples, Florida ' · COMPLETED UPPER DIVISION REQUIREMENTS FOR BACHELOR OF SCIENCE DEGREE IN BUSINESS MANAGEMENT, SUMMA CUM LAUDE. Edison Community College 1982 Fort Myers Campus · COMPLETED EMERGENCY MEDICAL TECHNICIAN CERTIFICATION. University of California Early 1970's Irvine, California · COI~TINUED STUDIES TOWARDS 4 YEAR DEGREE Orange Coast College Late 1960's Costa Mesa, California · COMPLETED ASSOCIATES OF ARTS DEGREE PROFESSIONAL LICENSES FLORIDA STATE CERTIFIED GENERAL CONTRACTOR, CLASS A · STATE LICENSE #CCC 015977 FLORIDA STATE NOTARY · STATE NOTARY #CC 263056 CALIFORNIA STATE CERTIFIED GENERAL CONTRACTOR (B-l) WITH SUPPLEMENTAL MASTER ELECTRICIAN (C-10) AND SOLAR (C-44) · STATE LICENSE #359094 COMMUNITY ACTIVITIES Member Army Corp of Engineers ElS Study Group Collier County Sheriff's Commission President of Golden Gate Chamber of Commerce Golden Gate Fire Commissioner 1999 1990 TO PRESENT 1991 TO 1992 1990 TO 1995 Columnist for Tuff Publications 1988 TO PRESENT President of Golden Gate Business Association President of Golden Gate Estates Civic Association 19.87 1987 & 1988 Collier County Code Enforcement Board Member Golden Gate Citizens Advisory Board Collier County Board of Adjustments and Appeals 1989 to 1987 to 1983 to EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE OBJECTIVE: To appoint I member to serve a 4-year term, expiring on October 13, 2005, on the Golden Gate Estates Land Trust Committee. CONSIDERATIONS: This 5 member committee serves in an advisory capacity to the Board of County Commissioners for the purpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties Inc. (f/k/a OAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location of residence within specific areas (phases) oftbe Estates. Terms are 4 years. A list of the current membership is included in the backup. Mr. JozsefKelemen resigned on January 16, 2001. A press release was issued and resumes were received from the following interested citizen: bPPLICANT CATEGORY D1ST ELECTOR ADV. COMM. Joy Dawson [ Phase II [Yes [None COMMITTEE RECOMMENDATION: Joy Dawson FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMM. ENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to serve a 4 year term, and direct the County Attorney to prepare a resolution confmaning the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commi-~4oncrs Agenda Date: SEPTEMBER 11, 2001 Memorandum To: Sue Filson, Administrative Assistant Board of County Commissioners From-- Toni A. Mott, Supervisor Real Property Management Department Date: August 14, 200t Subject: Golden Gate E~tates Land Trust Committee The Golden Gate Estates Land Trust Committee Members, at their August 13, 2001 meeting, unanimously recommended the Board of County Commissioners accept the application of Ms. Joy Dawson for membership to the Committee. Ms. Dawson resides within Golden Gate Estates, Unit 89, (Phase II). Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. Thank you. Real Property Management Department Golden Gate Estates Land Trust Committee N~ Matthew'S. Hudson 321 13th~Jtreet, S.W. Naples, FL 34117 District: 5 Category: Phase I Work Phone Appt'd Exp. Date Term Home Phone DattRe-appt 2ndF-rpDate 2nd Term 353-4333 05/11/93 10/13/95 2 Years 455-5072 10/12/99 10/13/03 4 Years Stephen B. Greenberg 2780 8th Street, N.W. Naples, FL 34120 District: 5 Category: Phase 10/11/94 10/13/98 4 Years 455-1204 10/13/98 10/13/02 4 Years Karen M. Acquard 441 24th Avenue, N.E. Naples, FL 34120 District: 5 Category: Phase I Jozsef Kelemen P.O. Box 9715 Naples, FL 33101 District: 5 Category: Phase IV, Unit 104 03/10/98 10/13/98 8 months 455-8318 10/13/98 10/13/02 4 Years 455-3434 04/11/00 10/13/01 2 Years Charles Purcell VanGelder, I 760 7th Street, S.W. Naples, FL 34117 District: 5 Category: Phase I 597-8774 10/10/95 10/13/99 4 Years 353-5713 10/12/99 10/13/03 4 Years Wednesday, April 12, 2000 " Pag~ 1 of 2 ' ' Golden Gate Estates Land Trust Committee Name FYork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2halF. Date 2nd ~is 5 ~m~ ~mm~ ~s ~ by O~. No. 87~8, a~nd~ by O~. No. 87-~ and ~ ~ ~ o~ ~e ~ui~n~, ~nd~ns and vadous pm~s~ns ~ an ~~nt ~fing to · e u~ of land, ~ ~nds de~ ~m ~e ~ of ~nd, ~nvey~ ~ ~ Coun~ by Ava~r Pm~, I~. (fl~a ~C Pm~, Inc.) Appli~n~ must ~e ~in ~e su~n k~n as "GoMen Ga~ E~." Mem~m ~ ms~e ~in I of ~e 5 p~ ~in ~e ~Men Es~s am~ Te~s am 4 yearn FL STAT: 125.01 Staff....c,':..y , oy,~,,, ,~.: ~ 774-8991 Wednesday, April 12, 2000 Page g of 2 MEMORANDUM DATE: TO: FROM: May 14, 2001 Vinell Hills, Elections Office D~J Sue Filson, Administrative Assist Board of County Commissioners''-'~ SvHERVI~;JR OF ELECTION~ CGLLtER CO. FL. Voter Registration - Advisory Board Appointmems The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GOLDEN GATE ESTATES LAND TRUST COMM COMMISSION DISTRICT Joy Dawson 3930 26t~ Avenue, S.E. Naples, FL 34117 Thank you for your help. REC VED '""; 2 01 Board of Count~ Commissioners MEMORANDUM DATE: TO: FROM: May 14, 2001 Toni Mott, Real Property Managemen~ep.artment Sue Filson, Administrative Assist~an~-~..;~ , Board of County Commissioners ~/-,,J' ' Golden Gate Estates Land Trust Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Joy Dawson 3930 26th Avenue, S.E. Naples, FL 34117 Please let me know, in writing, the recommendation for appointmem of the advisory committee within the 41 day time-flame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East, Naples FL 34112 Dear Ma. Filson, I would like to apply for a position on the Estates Land Trust Advisory Board. I noticed there are no members from my neighborhood, which is located in Phase 5 of the Trust boundaries. By ordinance each phase shall be represented on the committee. I have lived at my residence on 26t~ Ave. SE for three years. I am a member of the Estates Area Civic Association and the Collier County Tropical Fruit Growers Association. In September 2000, I very proudly became a United States cit/zen after eight years ot` living in Collia' County..I am anx/ous to participate in'the decision making for my community, both environmentally and d~velopmentally. It' you have any questions regarding my application,' please contact me at 0444, and I would be happy to talk with you. Sincerely, Joy Dawson 3930 26th Ave, SE Golden Gate Estates Naples, FL 34117 I 'd O009'ON SNOIt¥OI]SRd ddn£ ~dOZ'Z[ [OOZ 'S EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint I member to serve a 4-year term, expiring on October 6, 2005, on the Golden Gate Beautification Advisory Committee. CONSIDERATIONS: This 5 member committee assists the Board of County Commissioners in handling the matters pertaining to the taxing district which was formed for the purpose of beautification and maintenance of landscape improvements within the road right of way as described by ordinance boundaries. Terms are 4 years. A list of the current membership is included in the backup. Mr. Roy Selanders resigned his seat on March 11, 2001. A press release was issued and one resume was received fi.om the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Glenn E. Wilt I Precinct 625 Yes I 1-75 Pkwy & GGE Master Plan NOTE: Ordinance No. 86-41, Section Five, states, "No person shall serve on more than 2 county boards simultaneously. If application is made for service on a third Board, the applicant must resign simultaneously fi.om one of his or her current Board positions, or the application for the third Board shall be disqualified." According to my records Mr. Wilt currently serves on 2 ad hoc committees: the Golden Gate Area Master Plan Ad Hoc Advisory Committee and the I- 75/Golden Gate Parkway Interchange Ad Hoc Committee. COMMITTEE RECOMMENDATION: Glen E. Wilt FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member to serve a 4-year term on the Golden Gate Beautification Advisory Committee, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 11, 2001 Memorandum Page 1 of 2 filson_s From: levy_m Sent: Friday, August 17, 2001 2:41 To: §lson_s Subject: Golden Gate Memorandum To: Sue Filson, Administrative Assistant, Board of County Commissioners From: Michael Levy, Senior Secretary, Landscape Operations Date: Augute 17, 2001 Subject: Golden Gate MSTU Advisory Committee vacancy At the August 14, 2001 Golden Gate MSTU Advisory Committee meeting, the committee voted unanimously to accept the application of Glen Wilt. /mi 8/17/2001 A FrEM Golden Gate Beautification Advisory Committee Same Mr. Phillip E. Mudrak 4396 20th Avenue, S.W. Naples, FL 34116 District: 3 Category: Precinct 625 Mr. Bonnet G. Bacon 2570 47th Terrace, S.W. Naples, FL 34116 District: 3 Category: Precinct 623/626 Ms. Sabina Mu.sci 4470 32nd Avenue, S.W. Naples, FL 34116 District: 3 Category: Precinct 627 Mr. Roy Selanders 497 21st Avenue, S.W. J Naples, FL 34116 District: 3 Category: Precinct 625 Ms. Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 District: 3 Category: Precinct 626 Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 12/12/00 10/06/03 352-4472 Term 2nd Term 3 Years 11/07/95 10/06/98 3 Years 455-4373 02/09/99 10/06/02 4 Years 10/04/94 10/06/98 4 Years 02/09/99 10/06/02 4 Years 05/23/00 10/06/01 455-9309 1 Year 11/07/95 10/06/97 2 Years 353-7969 I2/16/97 10/06/01 4 Years Thursday, December 14, 2000 Page I of 2 Golden Gate Beautification Advisory Committee Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndE. xpDate 2nd Term This 5 member committee was created by Ord. No. 87-78 to advise and recommend as to the beautification and maintenance of landscape improvements within the mad dght of way as described by ordinance boundaries. The committee shall prepare an itemized budget of the amount of money required to carry out the business of the committee for the next fiscal year. Amended on September 3, 1996, by Ord. No. 96-50 and 96-51. Precincts are 623, 624, 625, 626, 627, and part of 622 FI. STAT 125.01 Staff: Mike Levy, Senior Secretary, Transportation: 774-8494 Thursday, December 14, 2000 Page 2 of 2 MEMORANDUM DATE: June lg, 2001 TO: FROM: Vinell Hills, Elections Office ~ Sue Filson, Administrative Assist Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following indi-~-iduals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County.. Also, please list the commission district in which each applicant resides. GG BEAUTIFICATION ADVISORY COIvlMITTEE COMM/SSION DISTRICT Glenn E. Wilt 5019 31~t Avenue, S.W. Naples, FL 34116 Thank you for your help. MEMORANDUM DATE: TO: FROM: June 18, 2001 Mike Levy, Senior Secretary, Trans~ porn Department Sue Filson, Administrative Assistam~,/fq . Board of County Commi~on~rs ~ ' Golden Gate Beautification Advisory Committee As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Glenn E. Writ 5019 31~ Avenue, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation for appointment of the advisory comm'rttee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to thi.~ matter. SF Attachmems May-30-01 04:27P May 30,200 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Dear Ms. Filson: Re: Golden Gate Beautification Advisory Committee- Press release May 30, 2001 wish to be considered as a possihle member of the above referenced Advisory conm~ittee. Glenn E. Wilt 5019 31~Ave SW Golden Crate, FL 34116 (P) 353-6843 FAX 353-6841 E-Mail - IABTIM AIN(~Juno.com Married · Wife - E. Roberta Wilt ECEIVED MAY 3 2001 County Coma! ssioner'; I have resided in Golden Gate, FL since August 1992. [ serve as thc Chairman of the Golden Gate Code Volunteer's I serve as a member of the Board al' Directors, Golden Gate Area Civic Association I serve as a member o£ the LOCC committee Ogani:mtion membership Golden Gate Area Civic Association Golden Gate Rotary Club Golden Gate Chamber of Commerce V.F.W & F.O.E. My Background: 1. Military Service: U.S. Amny (R~t), ( 21 yrs ) Ordnance Corps, Explosive Ordnance Disposal Ollicer 2. Federal Law Enforcement: Explosives Enlbrcemcnt Officer w/Bureau o1' ATI.' ( 91/2 yrs ) 3. Current Employment: Executive Dimntor, International Association al'Bomb Technicians and Investigators. ( Since April 1979 ) I thank you for your consideration. Glenn E. Wilt AC~:ND&IIEM Pg. EXECUTIVE SUMMARY APPOINTMENT OF ~MBER(S) TO THE COLLIFR COUNTY AIRPORT AUTHORITY OBJECTIVE: To appoint 4 members to serve 4-year terms, expiring on August 20, 2005 on the CONSIDERATIONS: The 7 member Airport Aathority was created on June 22, 1993, by Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 14 interested citizens: APPLICANT CATZGORY DIS, T' EI~ECTOR ADV. C.OMM. Clay C. Brooker Naples 4 Yes None Robert E. Clague Marco Island 1 yes None Neil Deesan Naples 3 Y'es None Karl II. GenS Marco Island I Yes Airport Authority - re-aPpt. Robert G. G~nunS Naples 5 Yes Ochopee Fire Dist Adv Comm Charles Krout, Jr. Naples I Yes None Monte Lazarus Marco Island I Yes Airport Authority - re-appt Byron J. Meade Naples 4 Yes None Norman A. Peter Naples I Yes None Stephen L. Price Immokalce 5 Yes Airport Authority - re-appt Em. est Spinelli Naples 2 Yes Airport Authority - re-appt Charles M. Tatelbaum Naples 2 ' Yes None Dennis P. Vasey Naples 5 Yes None Bill West Naples 3 Yes None COMMITTEE RECOMMENDATION: Re-appointment of- Karl Gene Re-appointmem of- Monte Lazarus Re-appointment of- Stephen Price Re-appointment of- Ernest Spinelli NOT~: Section Seven Co.) (1) of Ordimmce 86-41 states "Terms of office for Board members shah he limited to two consecutive terms of service on any one Board..." Under (3) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (b) (1) above may be waived". According to available records, Mr. Monte Lamms, Mr. Stephen L. Price, and Mr. Ernest Spinelli have all served 2 terms. Should re-appoint Mr. l.aTm'us, Mr. Price and Mr. Spinelli, the limitations on two cons~ need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION.: That the Board of County Commissioners consider thc recommendation for appointment, appoint 4 members to serve 4 year terms, and direct the County Attorney to prepare a resolution confa'ming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 11, 2001 COLLIER COUNTY AIRPORT AUTHORITY 2003 Mainsail Drive Naples, Florida 34114 (941) 642-7878 Fax (941) 394-3515 www. collierairports.com May 17, 2001 The Honorable James D. Carter, Ph.D., Chairman Board of County Commissioners Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 RE: Open Positions For Airport Authority Board Dear Commissioner Carter: At the Airport Authority's Board meeting of August 13, 2001, the Airport Authority voted unanimously to recommend to the County Commission the following Board members be reinstated for another four (4) year term: Karl Geng, Monte Lazarus, Stephen Price and Ernest Spinelli. This recommendation is based on a number of factors. Ail four (4) members have made invaluable contributions to ongoing projects. All four (4) have significant and diverse experience and background in business, finance, accounting, law, general management, engineering, airport problems and management and public service. The value of their "corporate memory" is immeasurable, and they are not only significant assets to the Authority, but to the Collier County community as a whole. These members are uniquely qualified to deal with the Authority's ongoing projects and concur with the Board's recommendation and urge the County Commission to continue moving forward with this dedicated and outstanding team. .. v Enclosed is a summary sheet listing the applicant's name, address and back~ound qualifications. Please do not hesitate to call me at 263-3444 Ext. 1 if you have any questions. Sincerely, .G~n~ Schmidt, . ~~a~rman Enclosure CC: Airport Authority Board Sue Filson JHD/gdh H:$. 13.01 BoardMcmberRequest Marco Island Executive Airport 2003 Mainsail Drive Naples. FL 34114 (941) 394-3355 (941) 394-3515 Immokalee Regional Airport 165 Airport Boulevard Immokalee, FL 34142 (941) 657-9003 (941) 657-9191 Fax r-~ Everglades Airpark PO. Box 689 650 E.C. Airpark Road Everglades City, FL 34139 194 t ) 695-2778 ~Z ~Z E Airport Authority Name kVork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Robert E. Doyle, Jr. 3201 70th Street, S.W. Naples, FL 34105 District: 2 Category: Legal/EDC/Pilot 434-4054 11/23/99 26~}929 Mr. E. Raymond Rewis P.O. Box 390 Chokoloskee, FL 34138 District: 5 Catego~.: Aviation/Everglades City 695-4270 Mr. Ernest Spinelli 106 Tuscana Court, #703 Naples, FL 34119 District: 3 Category: Airport/Engineering 06/12/01 08/! 0/93 353-4138 08/26/97 Mr. Karl H. Geng 695 Embassy Court 389-2027 Mamo Island, FL 34145 District: 1 Category: Computer Eng Business/Pilot Mr. Eugene J. Schmidt 383 Harbour Drive, #205 Naples, FL 34103 District: 4 Category: Aviation 657-3171 Mr. Stephen L. Price Highway 29, South Immokalee, FL 34142 District: 5 Category: Pilot/Businessman 11/23/99 09/08/98 09/14/99 08/10/93 08/26/97 08/10/03 08/10/03 08/10/97 08/10/01 08/10/01 08/10/99 08/10/03 08/10/97 08/10/01 4 Years 2 Years 4 Years 4 Years 2 Years 1 Year 4 Years 4 Years 4 Years Ve'ednesda~, June 13, 2001 Name Mr. Monte Lazarus 222 Waterway Court, #202 Marco Island, FL 34145 District: 1 Category: Attorney Airport Authority ~Vork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 02/15/94 08/10/97 3 Years 394-4104 08/26/97 08/10/01 4 Years This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least I member of the Authority appointed from each of the communities of lmmokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appoinlment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form I Statement of financial Interests each year with the Supervisor of Elections. FL STAT 330 & 333 Staff: John Dmry, Executive Director, Airport Authority: 642-7878 ~Vednesday, June 13, 2001 Page 2 of 2 MEMO RAND UM DATE: TO: FROM: July 25, 2001 Vinell Hills, Elections Office Voter Registration - Advisory Board Appointments i'he Board of County, Commissioners will soon consider the tbllowing individuals ~br appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. \lso. alease list the commission district in which each applicant resides. .AIRPORT AUTHORITY COMMISSION DISTRICT Robert E. Clague 1079 Bonita Court Marco Island, FL 34145 Thank you tbr your help. AGENDA ITEIG ~0. ,~,C ME M 0 RAN D U M DATE: July 24, 2001 TO: Vinell Hills, Elections Office FROM: Sue Filson, Administrative Assista~. ~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County. Commissioners will soon consider the following individuals tbr appointment to one of the county's advisory committees. Ptease let me know if those listed below are registered voters in Collier County. Also, please list the commission district in xvhich each applicant resides. AIRPORT AUTHORITY COMMISSION DISTRICT Clay C. Brooker 271 Broad Avenue South, Apt. #201 Naples, FL 34102 Neil Deegan 165 Arbor Boulevard Naples, FL 34119 Karl H. Geng 695 Embassy Colurt Marco Island, FL 34145 Robert G. Genung 270 Stella Marls Drive, South Naples, FL 34114 Charles Krout, Jr. 8574 Mustang Drive Naples, FL 34113 Monte Lazarus 222 Waterway Court, Unit 202 Marco Island, FL 34145 Byron J. Meade 1303 Cobia Court Naples, FL 34102 Norman A. Peter 279 Albi Road, #3 Naples, FL 34112 Stephen L. Price Highway 29, South Immokalee, FL 34142 Ernest Spinelli 2265 Arielle Drive, #2303 Naples, FL 34109 Charles M. Tatelbaum 9216 Sweetgrass Way Naples, FL 34108 Dennis P. Vasey 4398 N. Longshore Way Naples. FI_ 34119 Bill West 5703 Drummond Way Naples, FL 34119 Thank you fbr your help. SEP ]'~ .~01 ~,jr~ - MEMORANDUM DATE: TO: FROM: July 25, 2001 John Dr ur y, Airport Authority Executiv~i~ctor Sue Filson, Administrative Assistant/~r// ~ Board of County Commissioners -~-.g Airport Authority .\s you know, we currently have vacancies on the above-referenced adviso~ committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert E Clague 1079 Bonita Court Marco Island, FL 34145 Please let me know, in writing, the recommendation for appointment of the adviso~ committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Robert E. Clague 1079 Bonita Ct. Marco Island, FL 34145 941-393-3913 JUL I 0 200! July 9, 2001 Mr. Tom Henning Commissioner, Collier County Collier County Government Complex 3301 Tamiami Trail East 34112 Dear Commissioner Henning; In response to your interest in altering the skill-mix on the Collier County Airport Authority, perhaps my qualifications will be of interest: -43 years management in large and small manufacturing companies including the development and execution of complex financial plans. -President, principal shareholder -Division Manager -Vice President, Operations This experience has been in industries directly subject to Federal regulation, including the FAA; success has come thru setting realistic objectives, hiring qualified people, coaching, and monetary progress. -Active pilot; aircraft owner, FAA maintenance license, aircraft builder/restorer. -Graduate engineer -M.S. Management (MBA) -Operations Officer, U.S. Air Force -Since retiring five years ago, I have been a consultant developing focused studies, recommendations, and assisting in execution. -Over the years, I have arrived at several personal convictions, two of which are: ?~. /~ -Accountants can post the "score," but appropriate management must deliver change. ."Spin" may get short term pressure released, however true objectivity delivers long term success. We moved to Marco Island seven months ago, as permanent residents, and have no local political ties, or political ambitions either. Therefore, I am sending this letter to you for disposition as you determine. My presence on the airport authority could have a positive impact for the county as well as providing me an activity of special interest. I can be available for any follow-up activity that may be appropriate. Thanks for your attention and time. Sincerely, Robert E. Clague ~J MEMORANDUM DATE: TO: FROM: July 24, 2001 John Dmry, Airport Authority Execu~ Director Sue Filson, Administrative Assist,~ ' Board of County Commissioners ;/,-Y Airport Authority .ks you knoxv, we currently have 4 terms expiring on August 10, 200l on the above-retbrenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as ~bllows: Clay C. Brooker 271 Broad Avenue South, Apt. #201 Naples, FL 34102 Neil Deegan 165 Arbor Boulevard Naples, FL 34119 ~_2rl H. Gev. g 695 Embassy Colurt Marco Island, FL 34145 Robert G. Genung 270 Stella Maris Drive, South Naples, FL 34114 Charles Krout, Jr. 8574 Mustang Drive Naples, FL 34113 Monte Lazarus 222 Waterway Court, Unit 202 . Marco Island, FL 34145 Byron J. Meade 1303 Cobia Court Naples, FL 34102 Norman A. Peter 279 Albi Road, #3 Naples, FL 34112 Stephen L. Price Highway 29, South [mmokalee, FL 34142 Ernest Spinelli 2265 Afielle Drive, #2303 Naples, FL 34109 Charles M. Tatelbaum 9216 Sweetgrass Way Naples, FL 34108 Dennis P. Vasey 4398 N. Longshore Way Naples, FL 34119 Bill West 5703 Drummond Way Naples, FL 34119 Please let me know, in writing, the recommendation ~br appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. [f you have any questions, please call me at 774-8097. Thvmk you fcr 3'our aXcntion to this mattcr. SF Attachments ! J Pg. /. ~ YOUNG, V~N'ASSENOE~P,V~RN~DOE ~.~N'DERSON, ~ ~. REPLY TO: CLAY C. BROOKER TASHA O. BUFORD N,EL JUL i 7 200! TiNOTHY S. ~ANKLIN DAVID P. HOPSTEttER~ c. ~uRE.CE ~ESEY ~ard of &oun~ C~tss~o.er*: ~ENZA VAN ASS~NOE~ ~OY C. YOUNG Of C~UNS~L ~'2~ ~X. Mail and Facsimile (774-3602) Naples July l 6, 2001 GALLIE'S HALL ;~25 SOUTH ADAMS STREET SUITE 200 POST 0FF~CE J~OX 1833 (ZIP 32302-1833) TALL~HASSEE, J~LORIDA 3P3OI TELEPHONE (850) TELECOP~E~ (850) 561-6834 SUNTRUST BUILDING ~0[ LAUREL OAK DRIVE SUITE 300 POST OFFICE BOX 7907 {ZiP 34101-7907) HAPLE$, FLORIDA 34108 TELEPHONE (941) S97-2814 ~-ELEC0PIER (941) 597- 1060 Board of Collier Count5.' Commissioners \ttn: 5, Irs. Sue Filson. Administrative ,Assistant Administrative Building, 3rd Floor 3301 Tamiami Trail East Naples, FL 341 t2 RE: Application tbr Appointment to the Collier County Airport Authority Dear Mrs. Filson: Please accept this letter as an app!iea!i~n fbr appoip, tment tn tho Cnllier County, Airport Authority. I am a resident and elector of Collier County. My current residence address is 271 Broad Avenue South, Apt. #201, Naples, Florida 34102. I am a practicing attorney with the law firm of Young, van Assenderp, Varnadoe & Anderson,'P.A. Mv areas of practice include commercial litigation and land use law. I am also a private pilot (Visual Flight Rules), licensed by the Federal Aviation Administration. [ believe my personal interest in aviation, combined with my legal knowledge of land use and general business matters, make me a qualified candidate, pursuant to Collier County. Code section 18-40, for a position on the Airport Authority. My resume is attached. I am available to speak or meet with you and the County Commissioners. Please call at (941) 597-2814 to discuss my qualifications or to schedule a mutually convenient time to meet. Thank you. Sincerely, Enclosure F:X,users\Clay~tisc\County Ail'poll Aulhonty ~plicauon ~M)d · L? ! '; .!001 pc. /re - CLAY C. BROOKER 271 Broad Avenue South, Apt. 201 Naples, Florida 34102 Home: (941) 213-0910 Work: (94!) 597-2814 LEGAL EDUCATION UNDERGRADUATE EDUCATION WORK EXPERIENCE BIOGRAPHY PERSONAL INTERESTS & ACTIVITIES University of Florida College of Law Gainesville, Florida Juris Doctor (with honors), May 1994 Princeton University Princeton, New Jersey Bachelor of Arts, Politics, June 199 l Young, van Assenderp, Varnadoe & Anderson, P.A. Naples, Florida Associate Attorney, November 2000-Present Commercial litigation practice with concentration in land use law~ commercial litigation and local government law. Admitted to practice before all Florida state courts and the U.S. District Courts for the Southern and Middle Districts of Florida. Member of the Florida Bar, the Collier County Bar Association and the American Bar Association. Jones, Foster, Johnston & Stubbs, P.A. West Palm Beach, Florida · Associate Attorney, 1994_-2000. . Commercial litigation practice with experience in eminent domain, zoning/land use litigation and local government law. Weiner, Robbins, Tunkey, Ross, Amsel & Raben, P.A. Miami, Florida Law Clerk, Sununer 1992 Prepared legal memoranda, pleadings and motions related to criminal law issues. Born and raised in South Miami, Florida. Salutatorian, Westminster Christian High School. Presidential Scholar. Most Valuable Pitcher, high school baseball, junior and senior years. Varsity baseball, Princeton University. General Aviation IqO. "7 The Florida Keys ~ ~,'!'? Offshore Fishing, Boating and Diving lpg Sport Activities - SunFest, West Palm Beach (Vice-Chair, Merchandist'-Cam~ki,*~j RECEIVED ~oard of County Commissioner~ 165 Arbor Boulevard, Naples, FL 34119 July 14, 2001 Mrs. Sue Filson, Administrative Assistant, Board of County Commissioners, 3301 Tamiami Trail East, Naples, Florida 34112 Advisory_ Committees Dear Mrs. Filson, I read Commissioner Jim Carter's article in the North Naples Gazette. I would be delighted to serve on Collier County's advisory committees. With my overseas experience, excellent engineering and finance qualifications, I believe I would bring a unique perspective to the problems and issues faced by the boards every day. [ am the owner of Celtic CCTV Inc., a small company based in Naples dedicated to the sale and installation of video surveillance cameras and surveillance recording systems. I ~aduated from Hackney College, London with a BSc. in Electronics and I graduated t'rom Babson College, Massachusetts with an MBA in Finance. I have 30 years experience in the field of telecommunications management, engineering, construction, and maintenance. My experience includes Fiber Optics, Microwave Radio, VHF radio, Security Systems at Nuclear Power Plants, Power Distribution, Telephone, Internet, Remote control systems, and electric utility power metering. I am a Registered Professional Engineer (P.E.) in Massachusetts and I have applied for a P.E. in Florida. I was bom in Dublin, Ireland and I later moved to live and work on telecommunications projects overseas in England, Nigeria, Colombia, and Argentina for a total of 17 years. In 1980, I immigrated to the USA and worked for 20 years in the Boston area. Two years ago I moved to Naples and bought a home in the Vineyards where I live year round. I speak Spanish reasonably well because I worked for 10 years in Latin America. I am a naturalized USA citizen since 1985. I have been n~hrried to Maureen Deegan, also of Ireland, for 38 years. We have two married children living in Texas and Michigan and four grandchildren. I believe I could make a valuable contribution as a member of the Airport Authority committee but I would be willing to work wherever the Commissioners felt I could contribute most effectively. Sincerely, Neil Deegan, P.E. Tel. (941) 348 8025 va. Neville (Nell) D. Deegan 165 Arbor Boulevard, Naples, FL 34119 Telephone (941) 348 9156 Cell Phone (941) 821 6895 FAX (425) 944 8100 Email= nddeegan~worldnet.att.net SUMMARY Extensive overseas and domestic experience in management, engineering, construction and maintenance of telecommunications systems and security systems. EDUCATIONMBA Finance Babson College, Massachusetts 1984 B.Sc. Electronics Hackney College, London LICENSES Professional Engineer Electrical - Massachusetts LANGUAGES Spanish - reasonably fluent (worked in Latin America for 10 years) French - working command of written and oral language EXPERIENCE 2001 Founder and Owner of Celtic CCTV Inc., Naples, Florida A start-up ccmpany dedicated Jo 5he sales and installation of video surveillance svstems for small business and residences !998 to 2000 FOCAS Inc. Alpharetta, Georgia, USA Leading manufacturer of fiber optic cables. Project Manager Responsible for project management and construction of fiber optic projects 1988 - 1998 1984 tO 1988 1980 to 1984 1971 tO 1980 NDD/July.2001 New England Electric, Westboro, MA. The largest electric utility company in New Fugla~d. Manager Telecommunications Engineering Directed a staff of 27 telecommunications and computer engineers in the planning a~d engineering of microwave, fiber optic, radio, and telephone systems. Oversaw the construction of multimillion telecommunications projects. The NEES telecommunications system provides voice and data communications across Massachusetts, Rhode Island, Vermont, and New Hampshire. STONE AND WEBSTER CORPORATION, BOSTON, MA An international engineering and construction company Senior Telecommunications Engineer Designed, engineered and const~cted telecommunications systems and security systems for nuclear power plants including telephone systems, microwave systems, radio systems, paging systems and data transmission systems. Chas T. Main Engineers, Boston, MA Senior Engineer Responsible for the const~ction of telecommunications projects in USA, Argentina, and Saudi Arabia Merz & McLellan Engineers, U.K Nigeria! C~~ Telecommunications Engineer on projects in ~"~-~--.. - Video Surveillance Systems Sales & Service V'IDEO SURVEILLAN~CE Neil Deegan Owner Operator 165 Arbor Boulevard, Naples, FL 34119-4644 Tel. (941) 348 8025 FAX (425) 944 8100 Email: celticcctv~worldnet, att. net Karl it. Geng 695 Embassy Court Marco Island, FL 34145 Tel: 941-430-2015 Fax: 941-430-2063 email :geng~marcoisland. org Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 341124977 Attention: Ms. Sue F'dson, Administrative Assistant June 29, 2001 Collier County Airport Authority My term on the above- referenced advisory authority expires on August 10, 2001. [ have served with enthusiasm on this board, mLqssing only one meeting during my term I believe my business background, advise,and counsel was hclpfal-to the boaxd aild staff ~hg-ray ;cfm as merabex .and recently as corporate secretary. I would like to continue to serve on the authority board~and therefore request to be considered for another term An updated resume is attached for your perusal Sincerely, Enclosure: Resume cc: John Drm'y; Airport Authority Executive Director BIO Karl IL Geng 695 Embassy Court Marco Island, FL 34145 Tel: 941-430-2015 Fax: 941-430-2063 email:geng~marcoisland, org EMPLOYMENT: 1963-1965 1965-1967 196%1969 1969-1978 i978-1986 1986-1.990 1990-1995 1995-1998 1998-present Computer Engineer, IBM Deutschland, Munich, Germany Branch Manager, Honeywell GmbH, Frankfurt, Germany Europe Support Manager, Honeywell Ltd, London, England Business Planning and Logistics Director, Honeywell Inc, Newton, MA Sr. VP International Operations, Computervision Corp, Bedford, MA President & CEO Hell Graphic Systems, Melville, NY Sr. VI> Manuf, Sales & Service, Siemens ROLM, Santa Clara, CA President & CEO Siemens Business Communications, Santa Clara, CA retired EDUCATION Electrical Engineer, Munich Polytechnikum, Munich, Germany Industrial Fellow Babson College evening MBA program, Wellesley, MA Ch'lC, COMMUNITY AI~D EDUCATIONAL ACTP~TrlES - Former Member, Rochester Institute of Technology, Industry Advisory Board Former Board Member, Graphic Arts Technical Foundation, Pittsburgh, PA Lecturer, Medway Adult Education Program~ Medway, MA ~- Special Project Officer, National HQ, Civ~ Air Patrol USAF Aux. Member, Briti~ Coinputer Society, London, England Member and Secretary, Collier County Airport Authori~, since 1999 OTHER Private Pilot since 1968, Multiengine, Instrument and Helicopter Ratings Builder of a Helicopter and owner of two airplanes stationed at Marco Island Airport Holder of FCC Amateur Extra Class License N1DL US C'rdzen, married, good health~ multilingual, age 60 June 29, 2001 THE ROBERT GENUNG REAL ESTATE DEVELOPEa,~,,~.-=-~_-%-~- INDUSTRIAL WAREHOUSi INSURANCE PROPERTY MANAGEMENT. ~ REAL ESTATE SALES JUL ! RENTAL HOMES .... 8247 INDY COURT INDIANAPOLIS, INDIANA ~6214 PHONE: (317) 271-1000 REALTOR July 14th 2001 Mrs. Sue Filson , Secty. Collier County Board of Cc0mzissioners Ref: Collier County Airport Authority Dear Mrs. Filson, Z would, like to be consider~ for the above ad.viso~y Board. ~e f~x did not t~ out ~well so I ~ using my co~y lett~head to give you s~ id~ of my ~ck~o~d ~d to ~s~r s~e of ~e ~estio~. ~ have ~n in busine~ for a~ut 40 y~rs in lndi~a~lis, my son ~tly ~ges o~ business. We ~e licens~ g~eral buliding ~n~actors, r~l estate brokers ~d o~ ~d o~ate a i~ce agent. We have develo~ t~ indus~ial ~ ~d ~ ~d ~ge ~ut 110 indus~ial r~tals~ residential ren~ls. I ~ a resident of Florida ~d hold ~ active R~i Es~te B~k~s lic~e. I~ ~ ass~iat~ wi~ ~d~tial Flori~ W~ R~lty on ~ Isled. I al~ hold a voter in ~llier ~ty. I ~ve s~ on ~e ~hop~ Fire ~n~ol ~d ~d also on ~e Po~ of ~e Is~ds C.I.D. I live at ~e "Po~". I do ~t hold ~y p~lic office at ~is ~. SS $ 309-26-1623 270 St~la ~is Drive -~u~ Napies, ~., 34114-9603 H~ Phone 389-9390 F~ 389-9391 Cell 777-6977 Work 394-2505 If you ~ve ~y o~ ~estio~ p~~ not hesitate to a~ise ~d ~ you COUNTRY CLUB INDUSTRIAL PARK I & II "Service You Deserve" COUNTRY JUNCTION RENTAL HOMES CHARLES KROUT JR. 8574 MUSTANG DRIVE NAPLES, FL 34113 (941} 793--4525 FAX (941) 793-4128 chask~mindspring July 3, 2001 Ms Sue Filson Collier County Board of Commissioners 3301 Tamiami Trail East Naples Florida 34112 Dear Ms Filson: The attached letter and resume was sent to each of the Commissioners separately on this date. AS ALWAYS, thank you for your help. Charley"out Jr. CHARLES KROUT JR. 8574 MUSTANG DRIVE NAPLES, FL 34113 (941) 793-4525 FAX (941) 793-4128 CELL 860-1352 chask~mindspring, com July 3, 2001. Collier County Commissioner 3301 Tamiami Trail East Naples, Florida, 34112 Dear Commissioner: Earlier this year I had the privilege of meeting with you, in your office, to discuss my qualifications for appointment to the Collier County Airport Authority. I came from that meeting with positive feelings that I had earned your support. Another person received the endorsement of the Commission. Another opportunity now exists. I am still anxious to contribute to the continued progress of Collier County and its Citizens by serving on the Authority. I am well qualified to do so by education and experience in teaching, leading and, most importantly, doing. Since we last met, my attitude has modified to one of Positive Support. I feel the Authority is in need of mature guidance, which I am well equipped to provide. Once again, I solicit your support. Thank you, Charles Krout Jr. ATTACHED RESUME RESUME , Bom in Philadelphia Pm Married Three gro~a children Four grandchildren Charles Krout Jr. 8574 Mustang Drive Naples Florida 34113 (941) 793-4525 Fax (941) 793-4128 E-Mall chask~mindspring, com Educated in Phila public schools, Umversity of Penna., Various Military and professional schools. Veteran of Umted Slates Navy 7rained as a Mechanical Engineer Twenty Five years experience in Sales Management of Business Machines and Business Systems, Management Systems and Graphics. x. ctive in professional Management Organizations. Past President Business .Machines Managers Assn of t3altunore Md Fi fteeu years experience as President and CEO of Sales Consultants. Southeastern Michi~n and Sales Consultants of Oakland County Michigan whose task is Executive Recruiting Private Pilot FAA Certified Aviation Ground Iuslxuctor, Advanceck lnsmunent, Graduated many hundred students. President of Bendix Flying Club. Troy Michigan Active in the managemem of the Civil Air Patrol, Auxiliary of the United States Air F~rce. Past Commander of two Groups of the Florida Wing of the Civil Air Patrol Deputy Director, Professional Development, Florida Wing, Civil Air Patrol Active in volunteer affairs and chanties in Collier County Official in local homeowner group Treasurer, Conservancy of SW Florida Volunteer Connection Former Volunteer Deputy, Collier County SheffiFs Office Director Collier County Automobile Museum Docent's Ass~ Respectfully submitted. Charles Krout Jr. Monte Lazarus ~- ....... ..... 222 Waterway Court, Unit 202 Marco Island, Florida 34145 Tel. 941-394-4104 - Fax: 941-394-4102 - E-mail: Bengoshi5i~att. net July 10, 2001 Ms. Sue Filson, Administrative Assistant Board of Collier County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 RECEIVEI 200! Re: Collier County Airport Authority Dear Ms. Filson: Pursuant to your notice regarding the Collier County Airport Authority this is to apply for another term on the Authority. Although your notice states that I have served two terms I completed the unexpired term of another member and would appreciate consideration of this application for a second full term. In the event my interpretation is wrong I still request reappointment. At your request I am enclosing an updated resume. T_bank you for your kind consideration of this matter. ~ncerely, Monte Lazaru(,~ ~ cc: Collier County Commissioners RESUME Monte Lazarus , 222 Waterway Court, Marco Island, Florida 34145 Telephone 941-394-4104: Fax 941-394-4102: e-mail: Ben.qoshi5~,att. net EMPLOYMENT 1994-2001 1973-1989 1975-1987 1970-1973 1956-1970 1954-1956 Law Practice, Marco Island, Ftodda United Airlines (Retired as Senior Vice President) President, United Airlines Foundation Assistant to Chairman, U.S. Civil Aeronautics Board, Washington, D.C. Various Legal and Executive Positions, U.S. Civil Aeronautics Board United States Army EDUCATION J.D., Yale Law School, 1954 B.A., Cum Laude, University of Wisconsin, 1951 Federal Executive Institute, Charlottesville, Virginia 1969 (Supergrade Federal Executives) EDUCATIONAL ACTIVITIES Adjunct Professor, International College, Naples, Florida Guest Lecturer, Harvard, MIT, University of Illinois, Northwestern, University of Chicago Executive-in-Residence, Beioit College C!VlC AND COMMUNITY ACTIVl .TIES Former Chairman and Member, Collier County Code Enforcement Board Former Chairman and Current Member, Collier County Airport Authority Chairman, Marco Island Charter Review Advisory Committee Former Commander, Marco Island Civil Air Patrol Squadron Member, Board of Directors, Greater Naples Leadership Chairman. Economic Development Committee, Marco Island Area Chamber of Commerce Member, Government Affairs Committee, Marco Island Area Chamber of Commerce Member, Marco Island Code Enforcement Board Former Secretary, Marco Island Chapter, American Cancer Society Former Member, Executive Committee, Chicago Association of Commerce and Industry Former Member, Board of Directors, illinois Chamber of Commerce Former Member, State of Illinois Salary Review Commission Member, Federal Aviation Administration Advisory Committee on Rulemaking Member, Civil Aeronautics Board Advisory Committee on Procedural Reform Companion, Royal Aeronautical Society (England) Former Secretary General, International Foundation for Airline Passengers CURRENT BAR MEMBERSHIPS United States Supreme Court; Flodda; Connecticut; the District of Columbia United States Court of Appeals for the District of Columbia AWARDS W.A. Patterson Av~rd, United Airlines (United's Highest Awar,d_) Citation, Commanding General, United States Army, Europe C. LaRue Munson Prize, Yale Law School ~4:47 · , Byron J. Meade, CLU 1303 Cobia Ct. Royal Harbor Naples, FL 34102 941-775-0623 SUMMARY OF PROFESSIONAL & TECHNICAL EXPERIENCE · Member of National Association of Insurance & Financial Advisors (NAIFA) · Member of Society of Financial Service Professionals · Member of Nautilus Group (Financial Management) · Owner & Founder of Meade Financial Group - Financial Consulting for Estates and Corporations · Owner & Founder of Midwest Benefit Systems - Brokerage for Employee Benefits & Pensions · Owner & Eoun~er.ofM.E~i, Co~tg.~oratinn.. - Brokerage for Employer Group Health Insurance · Director & Founder of Lorenzo Worker ]Institute of Technology Foundation · Financial Consultant for the Experimental Aircraft Foundation · Past County Chairman for the Tippecanoe County Young Republicans OCCUPATION Forty years as Financial Consultant for Eslatea & Corporations EDUCATION Graduate of Purdue University- West Lafayette, IN (1960) Business Management Application ~r_ Advisory Committ~sfBoards Collier County Board of Commissioners JUL 'i ~ 200! 33o~ East Tamiami Trail Naples, FL 34112 (~4~) 7~4-S09~ ~0~'d 0.~ ~o~g? ~,~$~Oi~c~ Fax: (941)774=~02 Home Address: tax no.d,q' - Business Phone: ~usiues~: l?~Z-c ~_//~c~.. Board or Committee Applied for: ~7.~'3~ L~l~'f=d. e"'~ Category (if applicable): L~ ~~..lq ;Lx~nple: Commi~ion District, Developer, envlronmemail~t, lay person, Are you a registered voter in Collier County: Yes ~. No Do you currently hold public office? Yes ~.~ ff ~o, what is that office? No ~- Do you now serve, or have you ever served, on a Collier County board or committee? Yes No Lf yes, please li~t the committees/boards: Please list your community activities {tivic clubs, neighborhood associations, ei2 and PoSitions held: Camvty Commissiman~, $3~1 Emt Tm~aim~ ~ Naplm, FL 34 II 12. lf .wm wit k, plmm~.far your ~ to (/9411774..$~2 at, ~ to mefdsonC, w. olliergov, net Tbanit.mn.fm' ~ to ~ the ci~r. ms of Co#ira' CarusO,. Florida Community Bank 1400 North 15th Street Immokalee, FL 34142-2202 Stephen L. Pri~/~ce~ Chairman President & CEO 941-657-3171 941-657-8482 Fax July 17, 2001 Collier County Board of Commissioners Attention: Ms. Sue Filson 3301 Tamiami Trail East Naples, Florida 34104 RECEIVED JUL I 8 200I Board of County Co~mfssioners Re: Collier County Airport Authority Dear _'Vis. Filson, I am enclosing my resume and requesting that my name be submitted to the Collier County Board of Commissioners as a candidate to serve an additional term on the Collier County Airport Authority. Should you need anything further from me, please let me know. Stephen L. Price Biography for Stephen L. Price Occupation/ Title: BORN: Wtfe: Ch ildren: Degrees: Narrative: Chairman, President & CEO, Florida Community Bank 1400 North 15~ Street Immokalee, FL 34142-2202 March 22, 1950; in Ft. Myers, Florida Janet Price 3 children, 5 grandchildren Graduated from University o f Florida in December 1972 with a BS/B A in banking and finance, and School of Banking of the South at Louisiana State University in t978. At age 13, Steve moved to Immokalee when his father, William G. (Bill) Price, became President and CEO of the privately owned Bank of Everglades which the Senior Price lead to being a highly profitable community owned bank, with a new name, First Bank of Immokalee. Steve began a full time banking career on January 2, 1973, at First National Bank in Fort Myers. On November 19, 1976, he was promoted to President and CEO of South County Bank, in Venice, Florida, and held various positions with Southwest Florida Banks, Inc. (parent company of First National ai~d South ComiC:,) aittil Dcc,~cnbcc 1981. In December of 1981, Steve became Executive Vice-President of First Bank of Immokalee, now known as Flgrida Community Bank, and was promoted to President in Decemb'er 1983. In January 1990 he became the C.E.O. of First Bank oflmmokalee Steve is very active in community affairs, especially youth related activities in Immokalee. He is a past president of both Immokalee Little League and Immokalee Pop Warner Football. He is an active member of the immokalee High School Quarterback Club and serves as the announcer for both the football and basketball games. An avid supporter of all Immokalee schools, he is always willing to be a guest speaker to classes or groups and worked with the Teens as Parents program at Immokalee High School to establish their first school to work program. For his continued support and contributions he has received an athletic achievement award from Immokalee High School for being their "#1 Supporter". He was nominated by Lmmokalee High School and in May 1999 received recognition from the Florida Interscholastic . Administrators Association at their annual statewide convention "contribution to interscholastic athletics." Over his career, he has been a director and president of many organizations such as Rotary, Big Brothers/Big Sisters, YMCA, Chamber of Commerce, etc. He is an active member or First Baptist Church. He served on the Collier County Parks and Recreation advisory board during the construction of the Immokalee Community Park. He has been a member of the Colher County Airport Authority since its inception and served as its Chairman during the construction of the general aviation building, the first 20 T-hangars, and the development of the industrial park at the Immokalee Airpark. He has been a member of the Main Street Board and has served in the past on other community development committees such as the Empowerment zone committee and the enterprise zone board. He is the Chairman of the Immokalee Community Development Corporation. He is a member of the Board of Directors of the Immokalee Foundation and serves on its Beneficiary Advisory Committee. Under his leadership, Florida Community Bank, formerly known as First Bank of Immokalee, has consistentl:~ been one of the highest performing banks in Florida and at times in the nation. He has taken the bank from being a $30 million asset bank earning approximately a half million dollars annually to being a S325 million asset bank earning 10 times what it was earning when he became C.E.O. As a result of Florida Community Bank's high performance, Steve has been featured on the front page of the American Banker and the Business Monday edition of the Naples Daily News, as well as feature articles in the ABA Banking Journal and the Florida Trend magazines. Steve has served as a board member for both the Florida Bankers Association and the Comnmnity Bankers of Florida. S~c¥c was'ekctcd- by his peers to serve as the President of the Community Bankers of Florida for the fiscal year 1997-98. He currently serves on the their Government Relations Council. · Hc"kerved for several years on the American Bankers Association's Community Bankers Council and has served on t~hat Council's executive committee. He has also served the ABA on their Government Relations Council. He has served as Chairman of the Florida Commercial Lending School at the University of South Florida. In 1992 he received the Community Bankers of Florida's "Horizon" award which is awarded annually by the Association President to the person they deem to have contributed most to the industry. In September 1999 he was selected by the Florida Bankers Association as "Banker of the Year" for the state of Florida for his "outstanding commitment of involvement and service in his community, concern for the continued success of banking, dedication to convey the value of banking to the public, and reputation for excellence and distinguished achievement within the baking industry." "' A~A...ErEM Pg. ~7/09/2001 10:20 F.~ 941 513 9108 INT COLLEGE FACULTY DNGE ~002 Suly 5, 2001 Commissioner James D. Carter, PIrD., Chairman Collier County Gov~.rmmmt Center 330t East Tamiami Trail Naples, Florida 34112-4977 Conauissioner, As an original appointee to the Collier County Airport Authority, it has been my pleasure serving for the last eight years. I feel a great sense of accomplishment with the success tl~ Authority has exhibited in establishing tl~ county's t/nee airports. I would like to continue in the endeavor to fulfill the board's directive for the counlT's airports to succeed in becoming serf- sufficiem as early as possible. This has been a personal goal for m~. I respectively request r~-aplmintm~nt to the Collim' County Airport Authority. Sincerely, Ernest Spil~I1L P.E. 07/09/2001 08:11 FAX 941 513 9108 [~r COLLEGE FACULTY LNGE ~002 ERN~,,, ST SPINE~_, .pdL 2265 Arlene Drive g2303' Naples, Florida 34109 941-254-9169 PROFESSOR OF CONSTRUCTION TECHNOLOGY AND MATHF. DfATICS CONSULTING F2qG~ COMPUTER CONSULTANT OBJECTIVE: Re-appointment to the Comer County Airport Authority 1991 - Present Member and past Chairman of the Collier County Airport Authority Professor, International College of Naples, Florida Adjunct Professor of Mathematics, Edison Community College (Naples) 1967-1991 Suffolk Community College Selden, NY 11784 Professor of Engineering Technology 1982-I~91 Town of Brooidmven 3233 Route 112 Medford, NY 11763 Computer Consultant Airport Consultant PROFESSIONAL LICENSE: EDUCATION: Florida Sate Professional Engineer New York State Professional Engineer (Inactive) Adelphi University Bachelor of Science 1967 State University at Stonybrook, NY 1975 Master of Seienee in Applied Mathematics and Statistics Military Service: U.S. Navy 1955..1959 Public Service: Naples Civil Air Patrol (Pilo0 A Parlnersht~o o£ ?ro£ess/onol CorporolJbns CUMMINGS & LOCKWOOD EC, Et'VEE; July 16, 2001 JUL 1 7 2001 *Irs. Sue Filson Administrative Assistant Board of County Commissioners for Collier County 3301 Tamiami Trail East N'aples, FL 34112 3001 Tamiami Trail North, 4th Floor Naples, FL 34103-2799 P.O. Box 413032 Naples, FL 34101-3032 941.262.8311 Fax 941.262-6092 www.cl-law.com Charles M. Tatelbaum Also Admitted in Ma~and and Distrid of Columbia Board Certified by the Florida Bar as a Business Litigation Lawyer Board Certified - Business Bankruptcy Law - American Board of Certification 941-649-3181, Fax 941-430-3310 datetbaum@clJaw.com Stamford Hartford Greenwich New Haven West Hartford Naples Palm Beach Banim Springs Re: Collier County Airport Authority Dear Mrs. Filson: Please accept this letter as an application on my behalf for one of the openings as a member of the Collier County Airport Authority. My residence address is 9216 Sweetgrass Way, Naples, Florida 34108. 1 am attaching my resume. To further amplify as to why I believe that I could serve on the board to benefit the residents of Collier County, over the last thirty-five years, my practice itas permitted me to be invoived wire the representation of persons and entities involved with financially distressed airlines (but never representing airlines). As a result, I have a unique amount of experience in dealing with contractual issues involving air carriers, air 'frei~ht carriers and others with airports. Additionally, since I travel close to 200,000 air miles a year, I am very interested in the issues that involve the airports located in Collier County. Additionally, as Treasurer of Temple Shalom here in Naples, and as a past President of a homeowners association in Pinealls County, I have a unique insight into unusual financial issues and solutions. If there is anything further that I need to provide you or the commissioners with respect to this application, please let me know. CMT/tm Enclosure .NplLibl:464151.1 07/16/01 ,truly yours, _. Charles M. Tatelbaum AGENDA ITEM ~ttomeys ] Cummings & Lockwood http://www.cl-law.com/attorneys/bio.asp?ID= 181 CUMM INGS & LOC. KWOO ATTORNE:Y$ Charles M. Tatelbaum Partner ctatelbaum@d-law.com Office(s) Naples Practice Group(s) Creditors' Riqhts Liti.qation and Dispute Resolution Workouts and Bankruptcy Education Un~versi[y of Maryiand J.D. ! 966 University. of Maryland B.A. 1963 Charles M. Tatetbaum is a Naples resident partner in the Florida and Connecticut law firm of Cummings & Lockwood and is the chair of the Creditors' Rights Group. Chuck is admitted to practice in Florida, Maryland and the District of Columbia. He graduated from the University of Maryland School of Law where he was a member of the editorial board of the Maryland Law Review. He was selected to serve as a clerk for the Honorable R. Dorsey Watkins, United States District Court for the District of Maryland For several years he was an adjunct professor of creditors' rights ~t the Univemity of Maryland School of Law. He was the principal author of Chapter 10 of the Bankruptcy Code dealing with small business which was passed by the U.S. Senate in 1992 and 1994, and incorporated into the rewsions to Chapter 11 passed by the Senate and Hoc-se in 2001. He has been a contributino author to Collier's Bankrdptcy Guide and co-authored the Bankruptc~ Rules and Forms Handbook, a two volume set being published by Wiley Law Publications. For ten years he has been co-editor of the The Manual of Credit and Commercial Laws published annually by the National Association of Credit Management. He has been named in every edition of The Best Lawyers in America. He has served as vice president of research %r the American Bankruptcy Institute and served for six years as editor of its newsletter, and for four years served as a co-chair of the Advisory Board of the American Bankruptcy Institute Law Review. tn 1994 and 1995. ,ne was featured on the issue of bankruptcies in Florida on 60 Minutes and prior to that was featured on Good Morninq America. In 1996, he traveled to Croatia and Slovakia for the U.S. State Department to help in the implementation of new bankruplcy laws. He is currently the Middle District of Florida representative to the t 1th Circuit Judicial Conference. Professional certifications State of Florida - Business Litigation Lawyer American Board of Certifications - Business Bankruptcy La, pg. of 7 7/16/01 [0:36 AM :~.ttorneys t Cummings & Lockwood http:,'/www.cl-law.com/attomeys/bio.asp?ID=181 · of 7 Publications Editor - Manual of Credit and Commercial Laws - a 1500 page handbook on all business and commercial laws in the U.S. put~lished annually by the National Association of Credit Management - 1990 to 2000. Co-Authored - Bankruptcy Rules and Forms Handbook - Two Volumes - Wiley Law Publications 1992. Advisory Board - BNA'S Bankruptcy Law Reporter - Bureau of National Affairs - 1990 to present. Editor - American Bankruptcy Institute Newsletter - American Bankruptcy Institute- 1985 to 1991. Member, Board of Editors - Commercial Law Journal - Commercial Law League of America - 1982 to 1988. Contributing Editor - Commercial Law Journal - Commercial Law League of America - 1988 to 1991. ..o, ~er s Bankruptcy Practice Manual - Matthew Contributing Author - Bender & Company - 1982. Contributing Author - CLLA Bac, Kruptcv P,-actice Manual - Commercia! Law League of America - 4 editions, the latest in 1996. Co-Author - NACM Bankruptcy Reor.qanization Guide - 1991 - National Association of Credit IVlanagement - 1991 and 1995. Contributing Author - Business Credit Maqazine - National Association of Credit Management - various issues. Contributing Author to Miscellaneous Publications of the Maryland Institute for Continuing Professional Education For Lawyers - 1978 to 1986. Contributing Author - i990 Fundament. ais of Bankruptcy Law - Alabama Bar Institute for Continuing Legal Education - 1990. Contributing Author - 199t Tax Institute - Alabama Bar Institute for Continuing Legal Education - 1~J91 Contributing Author - First Annual Law and Bankinq Seminar - The Rise and Fall cfa Leveraged Buyout - Ohio State University College of Law - 1988. Contributing Author - Maryland Bar Journal - The Maryland State Bar Association on Various Topics. Co-Chairman of Board of Education of American Bankruotcy Institute Law Review - present. Co-editor of Perception vs. Reality - The 1984 Amendments to the Bankruptcy Code - American Bankruptcy Institute - 1987. Teaching Law School, Continuing Legal Education and Seminars Lecturer to Annual Education Programs for Florida Circuit Judges and Florida County Judges on bankruptcy in the state court system - 1996 and 1997. Consultant for the U.S. State Department on assisting in the implementation of bankruptcy taws in the Republic of Croatia an( Republic of Slovakia - 1996. theNO. ~ x. ttorneys I Cummings & Lockwood http://www.cl-law.com/attorneys/bio.asp?ID= 181 Instructor at the Workshop For Bankruptcy Judges sponsored by the Federal Judicial Center (3 sessions) !99!-!992. Adjunct Professor at the University of Maryland School of Law on Creditors Rights Topics- !980-1986 Instructor Ohio State University Seminar on Leveraged Buyouts - 1988. Instructor (and developer) of a six week course on creditors' rights for the Maryland Institute of Continuing Professional Education for Lawyers - 1980 to 1986. Instructor on various programs on creditors' rights for the Maryland Institute of Continuing Professional Education for Lawyers - 1978 to 1986. Instructor for the Alabama Bar Institute for Continuing Legal Education, Fundamentals of Bankruptcy Law !990, Bankruptcy Tax Issues at the Annual Tax Institute - !991 Panelist of a six hour live oroaram on the Tax Aspects of Bankruptcy Law sponsored ay the comm['erc~ai Law League Of America sent via satellite to 50 locations - 1988 Panelist on v~deotaoed programs 3r3.a,;ced and distributed by ALI-ABA - cersopai injury and ~oankr'~i:tcy ~ "J~0 ~;~d ,.:omesric relations and bankruptcy- !991. Lecturer on various commercial iaw tocics at the Annual Credit Congress of the National Association Of Credit Management - 1987-present. Lecturer to programs on preventive law and bankruptcy law to approximately 15 local affiliates of ,',he National Association of Credit Management. Lecturer at the Annual Convention of the National Conference of BanKruptcy Judges on issues involving tax and bankruptcy - 1989. Lecturer at various education programs at annuat and mid-year meetings of the American Bankruptcy institute- 1986-present. Lecturer on bankruptcy as it affects state laws to the annual continuing legal education conference for ail M~yiand judges - 1980. Lecturer on bankruptcy and state court issues to the annual continuing legal education for all Marytand court clerks - 1970. Lecturer on bankruptcy law topics to the conference for bank card and consumer credit managers. American Bankers Association - 1989. Lecturer on preventive ~aw ~n aanF, ruptcy to the Florida Chapter of the American Institute of Bankers (four ~e,mi~ars) - 1990 Lecturer to the Clearwater Bar Association on family law and bankruptcy - 1996. Legislative Drafting Activities Principal author of Chapter 10 of the U.S. Bankruptcy code wr passed by the U.S. Senate in 1992 and passed again in 1993. material was combined into the 2001 amendments to the Bani Code dealing with smail business in Chapter 11 wiqich passed Senate and House in 2001 and should be enacted in 2001, Principal author of a possible new Chapter 14 to the Bankrupt, ~h_~i~.NDA ITEM the '" ~, of 7 7/16/01 10:36 AM \ttomeys I Cummings & Lockwood http://www.cl-law.com/attomeys/bio.asp?lD=181 dealing with mass tort bankruptcy as a joint pro~ect of the Federal Judicial Center and the American Bankruptcy Institute. Member of the Governors Commission to revise the Annotated Code of Maryland which resulted in the complete revision of ail of the commercial laws of Maryland - 3 years' participation. Testimony Before U.S. Senate Committees and Subcommittees 1 Testimony to a U.S. House Judiciary Committee subcommittee in current problems and developments of bankruptcy law- 1997. 2. Presenter to the Bankruptcy Review Commission on the topic of bankruptcy preferences- 1997. 3. Testimony on airline bankruptcies to full Senate Judiciary Committee - 1990 4. Testimony on small business bankruptcies to Senate Judiciary Subcommittee - 1991. 5, Testimony on the reform of the Bankruptcy Code ~ to Senate Judiciary Subcommittee - 1988. 6. Testimony on amendments to Section 1103 of the Bankruptcy Code to Senate Judiciary Subcommittee - 1984. 7 Testimony on diversity jurisdiction of U,S District Court - to Senate JuOician/ Subcommittee - ! 982 8. Testimony Uefore U.S House of Representatives Subcommitte~.s on blass Tort and ,~,scestos Ban,~ruptcy Problems - Subcommittee - 1992. Organization Membership and Participation The Florida Bar The Maryland Bar Maryland Bar Association District of Columbia Bar American Bar Association · Member Business Law Section · Member Business Ban~_uptcy Subcommittee The American BanKruptcy Institute · Vice President Membership (3 years) · Vice President - Research (3 years) · Secretary (2 years) · Executive Committee Member (6 years) · Management Committee Member (3 years) · Board of Directors member (i0 years) · Publications Committee Chairman (3 years) · Co-chair of Advisory Board of the American Bankruptcy Institute Law Review (4 years - present) · Task Force on Mass Tort ~ Chairman (3 years) American Bankruptcy Board of Certification · Board Memi~er (charter to 2000) · Chairman of Task Force on Security (1 year) · Chairman of Public Relations Committee (1 year) Commercial Law League of America · Member Board of Governors (3 years) ITEM . of 7 7/16/01 10:36 AM ~rtorneys I Cummings & Lockwood http://www.ct-law.com/attorneys/bio.asp?ID= 181 · Recording Secretary (1 year) · Eastern Regional Chairman (2 years) · Uniform Commercial Code Committee Chairman (2 years) · Bankruptcy Committee Ci~airman (1 year) · Young Members Section Chairman (1 year) · Young Members Representative on Board of Governors (1 year) National Association of Credit Management (General and National Legislative and Bankruptcy Counsel). National Bankruptcy Conference - Associate Member (7 years) Tampa Bay Bankruptcy Bar Association · Education Committee Member (1 year) · Compensation Committee - Chairman (1 year) Bankruptcy Bar Association of State of Maryland (6 years1 Collier County Bar Association Inns of Court Team Leader (3 years) Association of Commercial Finance Attorneys (4 years) Maryland State Bar Association Representative on Fourth Circuit Nom;,na~ing Committee for Ban~,rup~cy JuCges (1 year) The Ficrida Orchestra · Board of 'Trustees (3 years) · Finance Committee Member (2 years) · Special Counsel (1 year) Rotary Club of Clearwater - frequent speaker Temple Beth El of St. Petersburg · President of Congregation (2 years) · Member of Board of'i rustees (4 years) Temple Shalom of Naples · Treasurer of congregation 2001- Caya Costa Homeowners Association. Inc. · President (4 years) · Board of Directors (6 years) Feather Sound Country Club - (a non-d~scnmmatory country club) · Tennis Committee Member (1 year) · Member, 1992 Florida state men's tennis team (3.0) and participant in 1992 U.S. Tennis Association National Championship Tournament. Shorecrest Preparatory School year) · Participant and member of school band (3 years) · Chairman, Booster Club Ways and Means (2 years) Certified Mediator - U.S. Bankruptcy Court for the Middle Dist Florida Taught Music Appreciation to Elementary School Classes (1 SIGNIFICANT CASES AGENDA~ITEM I ict of o£7 7/16/01 10:36 AM -Xttomeys ! Cummings & Lockwood http://www.cl-law.com/attorneys/bio.asp?ID= 181 (in no order of chronology or significance) 1. /n re: Cefetex Corp. - U.S. Bankruptcy Cour~ for the Middle District of Florida - Here, in one of the largest asbestos Chapter 11 cases, I represented the Unsecured Trade Creditors Committee which comprised approximately $50 million worth of debt. There are more than fifteen reported decisions involving Celetex in which I participated as counsel. As a result of the Committee's activities, the unsecured trade creditors received a distribution plan of ninety percent. 2. In re: Southeast Banking Corporation - U.S. Bankruptcy Court for the Southern District of Florida - I was appointed Chapter 7 Examiner by the Bankruptcy Court. My job was to conduct a complete investigation of certain activities that occurred in connection with the auction sale of an aircraft belonging to the debtor. As a result of my Examiner's Report, I, then, in the capacity of special counsel for the Trustee, filed a oivil action against various ~ndividuals and entities which resulted in the oayment of substantial sums to the estate. Furthermore. as a ?esult of my investigation, federal indictments were issued against those involved in the situation. 3. ITT Commercial Finance Corp. v. Marta. Inc. - LI. S. District Court, Eastern District of Pennsylvania - Here I represented a plaintiff in a ~eur-week jun/ir!al ~gainst fifty defendants, aiso de¢ending a lender-iiabditv counter-claim The jury reached a ve:dict for the defendants oased upon an "unclean hands" equitable defense ~n a law case Subsequently. based upon the appeal [hat I ~ooK for my client, the U. S. Court of Appeals for the Third Circuit reversed and entered judgment in favor of my client. 4. h? Re: Continental Airlines, inc. - U.S. Bankruptcy Court for the District of Delaware - Here I have represented and continue to represent a large group of former Eastern Airlines pilots in connection with their assertion that the collective bargaining agreement with the pilots was not rejected (as claimed) by the Continental plan of reorganization. In an appeal issue, the U.S. District Court for the District of Delaware has ruled to the effect that the collective bargaining agreement to which my clients were parties did survive the bankruptcy. 5. Hall-Mark Electronics Corp. v. Sims (In Re: Lee) - U.S. Court of Appeals for the Ninth Circuit - This is a case which became a test case on various iss~_es involving the new value defense to a preference claim. 6. Dzikowski v. NASD Regulation, /nc. (In Re: Douglas) - U.S. District Court for the Southern District of Florida - Here, representing NASD, I won a declaratory judgment, which was affirmed on appeal, determining that restitution funds paid to the NASD by a former broker would not be considered as part of the bankruptcy estate and, thus, could not be subject to an avoidance recovery by the Trustee. 7. GreenOtatt v. Ford - U. S. Court of Appeals for the Fourth Circuit - This was a test case which I handled on a pro bono basis to establish the nature and extent of an exemption of real or personal property as a result of ownership as tenants-by-the-entireties. 8. In Re: DeGeorge Financial Corp., et al. - U. S. Bankruptcy Court for the District Connecticut - In representing a large creditor, I was aisle to successfully remove the Chapter 7 proceeding from the Bankruptcy Court in Delaware to the Bankruptcy Court in Connecticut. Subsequently, I was able to have my client prevail in a motion to appoint a Chapter 11 Trustee for three related entities with the trial that took approximately five days. Wolman v. Tose - U. S. Court of Appeals for the Fourth Circ~ In representing Jerry Wolman, the former owner of the Philadelphia Eagles footbail team in his Chapter 11 proceedi litigated all of the issues involving the sale of the Philadelphil Eagles to Leonard Tose. it- of 7 7/16/01 10:36 AM -Xttomey s: Cummings & Lockwood http://www.cl-law.com/attomeys/bio.asp?lD= 181 ? 0. In Re: Baha Boats, Inc. - US. Bankruptcy Cou~ for the Northern District of Ohio - In representing a floorplan financer of a boat manufacturer. I litigated a test case involving the nature and ex[ent of setoff with respect :o reserve accounts and related issues. ! 1. In Re: Thompson Boats, Inc. - U S. Bankruptcy Court for the Eastern District of Michigan, Northern Division - Here, representing a floorplan lender of a boat manufacturer. 1 was able to have the Court enter an extensive opinion (probably a case of first impression) involving the issue of the difference between recoupment and setoff in bankruptcy. 12. In Re: St. Petersburg Harbourview Hotel Corp. - U S. Bankruptcy Court for the Middle District of Florida - Here, representing a debtor. I was able to have the Bankruptcy Court establish new standards for the valuation of real property as it relates to ad valorem tax assessments. 13. In Re: Luria's, Inc. - U. S. Bankruptcy Court for the Southern District of Florida- Here, re0resenting a large number of Florida Property Appraisers and Tax Collectors in a test case, I was able to successfully wir~ a summar,/judgment argument that Section 505 of the Banr, rup{cy Code is unconstitutional. This case is presently on apoeai to the United States District Court for the Southern District of Florida Cummings & Loci(wood RACK T(DP ~ ~ of 7 7/16/01 10:36 AM Dennis P. Vasey ® 4398 N Longshore WAY · Naples Florida 34119-8915 July 18, 20~1 Hrs. Sue Fitson Administrative Assistant, Board of County Commissioners 3381 East Tamiami Trail Naples, Florida 34112 RECEIVED 18 2001 3oard of County Commiss~oner,~ Dear Mrs Fitson, While I am probably not the traditional candidate responding to your recent "Press Release" for an Airport Authority advisory committee member position, I bring a combination of skills and interests to the aviation industry resulting from 35 years of professional experience. As the enclosed r~sum~ and biography indicate, i have strong administrative, management, financial, planning and communication skirts. I now wish to transfer these skirts and the experiences they represent to the Airport Authority. Such a transfer, however, is not without careful consideration and preparation. Durin§ the past decade I have served as a volunteer with the Sheriff's Office working with juvenile issues. I served as Vice President of the Naples Free Net and have been President of the Naples MacFriends Users Group since 1993, In the process, I have learned a great deal about our community. I have also attended several professional development courses in various automation and document warehouse methods. I am a Certified Factoring Specialist and have experience in accounting and budget preparation and execution. I am eager to serve as a member of the Airport Authority. Please feel free to contact me at your earliest convenience. /f ~ S~nce~ely yo~, ~ Dennis P. Vasey~ Colonel, U.S. Army (Ret.) Enclosures R~sum~ 8ioEraphy AGENI J EM NO. Oennis P. Vasey 4398 N Longshore WAY Naples, Florida 34119-8915 Home Phone (941) 598-4326 OBJECTIVE: Appointment to Airport Authority. QUALIFICATIONS Served in aviation logistics and airfield management positions from 1957 until 1991. Have experience in aviation safety and inspections. Instrument qualified as a multi-engine fixed and rotary wing aviator. Military Biography Attached EDUCATION BGS MA University of Nebraska at Omaha Pepperdine University Industrial College of the Armed Forces EMPLOYMENT 1956-1991 U.S. Army 1991-Present Certified Factoring Speclalist Volunteer, Collier County Sheriff's Office REFERENCES William C. Bates, 592-5815 Fred Hardt, 649-2732 Mike Urbanik, 643-5959 Biography Coronet Dennis P. Vasey United States Army Retired DENNIS PATRICK 'DUKE' VASEY (Colonel, US Army, Retired) was born 29 October 1939 Jn Milwaukee, Wisconsin. Underage, he enlisted in the Wisconsin Army National Guard 15 February 1956 and was ordered to active duty upon completion of high school for aviation training. Upon completion of active duty training at Ft. Rucker, AL, he enlisted in the regular Army 29 September 1957 and advanced to the grade of Staff Sergeant. He applied for and was commissioned a Transportation Corps Second Lieutenant 15 February 1965 upon completion of Infantry Officer Candidate School. He holds a Bachelor of General Studies degree, majoring in Geography and Political Science, from the University of Nebraska at Omaha. He was granted a Master of Arts degree in Human Resources Management from Pepperdine University. Colonel Vasey attended developmental m~litary education courses which included completion of the Transportation Officer Familiarization Course and the Transportation Officer Advanced Course; f~xed and rotary-wing flight, airborne and air assault training; the Command and General Staff College, and the Industrial College of the Armed Forces. In addition, he graduated from from the Department of Defense Computer Institute. Colonel Vasey has been published in various Department of Defense and non-military publications during and following his active duty career. He is a Life scout and Order of the Arrow Member of Toontuk Lodge where he ~erved as Roundtable Commissioner, M~dnight Sun Council, Boy Scouts of America. Since -etJr~ng, Colonel Vasey has served in various civic and social organizations within Collier and Lee County, Florida. Colonel Vasey held a variety of worldwide command and staff positions prior to retirement 1 July 1991 which included: Commander, US Army Service Center for the Armed Forces, Office of the Secretary of the Army, The Pentagon, Washington, D.C.; Assistant Commandant, US Army Aviation Logistics School, Ft. Eustis, VA; Director of Personnel and Community Activities, Ft. Rucker, AL; Executive Officer, Logistics and Security Assistance Directorate, European Command, Stuttgart, Federal Republic of Germany (FRG); concurrently served as Sub-community Commander Fliegerhorst Airfield Kaserne and Commander, 2~Sth Transportation Battalion, Langendiebach, FRG, and Commander, 568th Transportation Company, Fairbanks, AK. He served as the Aviation Logistics Staff Officer, Office of the Deputy Chief of Staff for Logistics, The Pentagon, Washington, D.C.; Force Design and Support Officer, Military Personnel Center, Alexandria, VA; Operations Officer, 222nd Aviation Battalion, Fairbanks, AJ'; Chief, Configuration Management Division, Research and Development Directorate, US Army Aviation Systems Command, St. Louis, MO; bervlce PLatoon Commander, A gompany, ±O1st Aviation Battalion, Fl. Campbell, KY and Vietnam; Group Aircraft Maintenance Officer, 34th General Support Group, Vietnam, and Movements Control Officer, 1st Brigade, lelst Airborne Division (Prov.), Vietnam. Colonel Vasey has been awarded the Legion of Merit (Legionnaire), Distinguished Flying Cross, Bronze Star Medal (u/ 1 Oak Leaf Custer (OLC)), Purple Heart, ~eritorious Service Medal 0LC), Air Medal (1~ Numerals), Joint Service Commendation Medal, Army Commendation Hedal 0LC), and the Good Conduct Medal (w/2 Knot Clasp). Colonel Vasey has also been a~arded various campaign medals and ribbons for service prior to and following the Vietnam ~ar. He is authorized to wear the Armed Forces Expeditionary Medal (Formosa), Vietnam Service Medal (w/8 combat stars), RVN Defense Commemorative Me, at, Army Commemorative Medal, Cold War Victory Medal, Overseas Commemorative Medal, service and training ribbons, non-US Service Medals, and various combat and special skill badges which include the Air Assault Badge, Airborne Badge, Master Army Aviator Badge, the Army Staff Identification Badge and the Korean Aviation Mechanic Badge. Colonel Vasey also holds various marksmanship badges and bars which attest to basic qualification, excellence in competition and individual distinction with rifle and pistol. CoIonel Vasey ~as inducted into the Infantry Officer Candidate Hall of Fame 25 October 1985 and is married to Janet H. Vasey. They reside ~n Collier County, Florida, where they have lived continuously since retirement. Pg. f? ,.. ScOuthern OMMUNITY July 10, 2001 Sue Filson Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Mrs. Filson: I am very interested in serving on one or several of Collier County's advisory committees. My varied background could prove useful to these committees and the county as a whole. You will find my resume attached. Please accept this letter and my resume as my application to serve on one or more of the following boards: Airport Authority Community Character/Smart Growth Advisory Committee Housing Finance Authority Workforce Housing Advisory Committee It would be an honor to serve our community. Please call me at 254-7744 if I can answer any questions. Sincerely, 9021 Bonita Beach Road · Bonita Springs, Florida 34135 · Telephone (941) 949-6300 · Fax (941) 949-6321 5475 Airport Road, N. · Naples, Florida 34109 · Telel~hone (941) 254-7744 * F~x (941) 254-7773 Bill West 5703 Drummond Way ~'- ~les, Florida 34119 Summary of Qualifications Work (941) 254-7744 Home (941) 513-0941 Cell (941) 404-9529 E-mail: ahomerun~.aol, eom ~ Cross-functional business manager with experience in general management/strategy, finance, marketing, operations, risk management, e-commerce, transportation and logistics. ?1 Financial responsibilities have included credit sales and underwriting; operational accounting; porttblio management; collections; bankruptcy and problem loan workout; consumer lending; residential and commercial mortgage lending; equipment lending and leasing; and accounts receivable financing. t71 Responsible for a $29,000,000 portfolio of complex financial relationships. 71 Excellent understanding of business, banking and the economy. Thorough knowledge of financial statements and accounting practices. Zl Sound credit judgment. Managed a team that doubled co~:sumer leans outstanding in one year while maintaining excellent delinquency control. Coached this team in the successful recovery of significant previously "charged off' account balances. 71 Excellent organizational and time management skills. Able to quickly collect and use intbrmation to make sound decisions. [ enjoy managing simultaneous complex tasks. ~ Excellent written and oral communication sk/tls. Effective at group and individual presentations. 71 Numerous awards for leadership and job performance. MBA Student of the Year..&warded Navy Achievement Medal by the Secretary of the Navy for outstanding leadership. Distinguished graduate United States Marine Corps Logistics School. Professional Expi~rience 2001to present 1999 to 2001 1996-1999 1994-1996 Education Vice President, Southern Community Bank Commercial Lender, SouthTrus~'-Bank Manager/Owner, US One Equipment Finance Mortgage Banker, Bank of Boston 2001 1996 1993 1989 NLBA, Finance Dean's Lisv3IBA Student of the Year~4. 0 GPA BA, Organizational Management 3.25 GPA AA, Management of Financial Institutions Dean's List/Honor Student/3. 33 GPA International Studies 'litary Service International College Naples, Florida Warner Southern College Lake Wales, Florida Brevard Community Melbourne, Florida University of Marylan Okinawa, Japan United States Marine Corps Logistics Manager - Responsibilities included international airfreight and passenger terminal operations, aircraft load planning, hazardous material certification, customs preparation and intermodal-cargo transfer. Excellent Personal and Professional References' Bill West 5703 Drummond Way Naples, Florida 34119 Professional Education Phone (941) 513-0941 Cell (941) 404-9529 E-mail: ahomerun(~_,aot, corn Commercial Lending Diploma Expected Completion October 2001 Supervisory Skills Certificate February 2000 Financial Statement Analysis February 2000 Introduction to SBA Lending July 1999 Certified Leasing Professional Academy October 1998 American Institute of Banking 3anerican Institute of Banking Robert Morris & Associates U S. Small Business Administration United Association of Equipment Lessors Bill West 5703 Drummond Way ~'-'~ples, Florida 34119 Current & Previous Community Leadership Positions Gulf Coast Venture Forum Founding Director Investor Liaison Entrepreneur Coordinator Certified Development Company Of Southwest Florida Board of Directors Loan Committee Economic Development Commission Of Collier County Business Retention and Recruitment Committee Manufacturer' s Roundtable BTealth Technology Roundtable Florida Gulf Coast University Small Business Development Center '~ ,lunteer .~tructor Kiwanis Club of Naples Board of Directors Volunteer Space Coast World Trade Council Board of Directors Seminar Coordinator Sebastian River Area Chamber of Commerce Board of Directors Fundraising Chairman Volunteer Brevard Business Connection Founding PreSident Treasurer Phone (941) 513-0941 Cell (941) 404-9529 E-mail: ahomenm~aol.com Melbourne Area Association of Realtors Time Management Instructor Affiliates Committee Chairman Women's Council of Realtors Seminar Sponsor Golf Tournament Sponsor Affiliate of the Year Legislative Affairs Community Affairs Education Honor Society Recipient Economic Development Commission of the Space Coast Volunteer Finance Specialist Home Builders and Contractors Association of Brevard Seminar Coordinator Sales and Marketing Council Volunteer Melbourne/Palm Bay Chamber of Commerce Industrial Development Council L e.4d s Club I/i~tructor Melbourne High School Academy of Business and Finance Personal Finance Instructor Palm Bay Professional Network Founding Member Business Network International Vice President SUMMARY,. APPOINTMENT OF MEMbER(S) TO THE IMMOICALEE ENTERP~SE ZONE DEVELOPMENT AGENCY OBJECTIVE: To appoint 3 members to serve 4 year terms, expiring on April 4, 2005 on the Immokalee Enterprise Zone Development Agency and confirm the appointment of Dora Vidaurri, Supervisor for the Immokalee Initiative Housing Project, to complete the remaining term, expiring on April 4, 2003, for the required Code Enforcement position on the EZDA Board. CONSIDERATIONS:.. This 13 member committee was created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, approved March 28, 1995. As pan of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area. residents living within the nominated area, nonprofit community-based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR _ADV. COMM: William P. Dillon Business 3 Yes Re-appointment Raymond T. Holland Financial 5 Yes Re-appointment Fred N. Thomas, Jr. Non-profit Organization/Resident 5 [ Yes Re-appointment David A. Ziccarelli Insurance A~ent 5t Yes None COMMITTEE RECOMMENDATION: Reappointment William P. Dillon Reappointment Raymond T. Holland Reappointment Fred N. Thomas, Jr. NOTE: Ordinance No. 86-41, Section Five, states, "No person shall serve on more than 2 county' boards simultaneously. If application is made for service on a third Board, the applicant must resign simultaneously from one of his or her current Board positions, or the application for the third Board shall be disqualified." According to my records Mr. Thomas currently serves on 3 advisory committees: Lake Trafford Restoration Ad Hoc Task Force, Immokal~ Enterprise Zone Development Agency and the Rural Lands Assessment Area Oversight Co: FISCAL IMPACT: NONE Gl OW'rl MA AGIgME IT !MrnC : 4ONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members to serve 4 years terms, confirm the appointment of Dora Vidaurri, Supervisor for the Immokalee Initiative Housing Project, to complete the remaining term for the reauired Code Enforcement nosition on the EZDA Board. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Commissioners SEPTEMBER 11, 2001 Memorandum To: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Helene Casdtine, Economic Development Manager Housing & Urban Improvement DATE: August 17, 2001 RE: Immokalee Enterprise Zone Development Agency (EZDA) The Board of County Commissioners nominated the Immokalee community to be considered by the Florida Deparanent of Commerce for Emerprise Zone designation in Resolution No. 95-248, which was approved March 28, 1995. As part of the formal application for an Emerprise Zone, the State required that a committee consisting of a broad base of citizens be established. This Board has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community-based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcemem agency. The Committee was created through Ordinance 95-22 as the Immokalee Emerprise Zone Developmem Agency (EZDA). In addition, the Coumy Commission appoimed members to the EZDA under Resolution 95-249. At its 8/16/01 meeting, the EZDA Board reviewed the four resumes submitted to fill the three EZDA Board vacancies, and unanimously recommended the following people for Commission approval: 1. Representing a busine~ in the Zone: William P. Dillon, General Coun~l and Dire~or of Operations for Collier Health S~nMees in Immokalee (re-appointment). Mr. Dillon was originally appoimed to EZDA on 12/I4/99 to fill the remainder ofa tem~ that expired on 4/4/01. 2. Representing a financial entity in the Zone: Raymond Holland, President of Florida Community Bank (re-appointment). Mr. Holland was originally appointed to EZDA on 3/28/97, and his term subsequently expired on 3/28/01. 3. Repr~enting a Ma-profit organization in the Zone and a Zone resident:. Fred Thomas, Jr., Executive Director of the Collier County Housing Authority (re-appointment). Mr. Thomas was one of the original members oftbe EZDA Board, and had served as its Chairman since inception. A fourth applicant, Mr. David Ziccarelli, an insurance agent for Oswald Trippe & Co. in Naples and a volunteer in the Immokalee cofmiiunity, was not recommended for EZDA Board appointment. However, the EZDA members did express their appreciation for his interest in serving Please prepare an Executive Summary for the Board's consideration of these recommendation know if any further information or assistance is needed to initiate the process. If possible,, web item to be on th~ agemta for Board meeting scheduled for Sept. 11. Thank you for your help. pg. 3 e: Lucy Ortiz, Immokatee EZDA Vice-Chair John M. Dunnuctc, Intarim Adminisl~-ator, Community Development & Environmental Services Greg Mihalic, Director, Housing and Urban Improvement Office of the County Administrator Immokalee Enterprise Zone Development Agency P~ork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Tony Sanchez, Jr. 658-1313 506 South First Street Immokalee, FL 34142 Distri~: 5 Category: Business/Minority/EX OFFICIO Fred N. Thomas, Jr. 1800 Farm Worker Way lmmokalee, FL 34142 District: 5 Category: Non Profit Organization 657-3649 04/04/95 04104196 1 Year 09/03/96 04/04100 ........ A Yearn Lucy Ortiz 606 Roberts Avenue Immokalee, FL 34142 District: 5 Category: Non Profit Organization Ira J. Malamut 11990 Wedge Drive Ft. Myers, FL 33913 District: Category: Non-profit Organization 262-4404 04/04/95 04/04/99 4 Years 657-5617 03/23/99 04/04/03 4 Years 658-3560 03/23/99 04/04/03 4 Years Jerry Hubbart P.O. Box 267 Felda, FL 33930 District: Cat. egory: Business in Zone 658-3505 675-3747 03/23/99 04/04/03 4 Years Raymond T Holland Immokalee, FL 34-t'42.3'~zq'3 District: 5 Category: Finanical Entity 657-3171 657--4568 04/0 l/97 04/2~01 4 Years Page 1 of 3 lmmokalee Enterprise Zone Development Agency Ye'ork Phone Appt'd Exp. Date Term Home Phone Date~e-appt 2ndF_~cpDate 2nd Term W. Herman Spooner 806 N. 15th Street Immokalee, FL 34142 District: 5 Category: Business Owner & Resident Floyd Crews P.O. Box 610 [mmokalee, FL 34143 District: 5 Category: Resident/business Alan W. Neuman 1653 South Fountainhead Road Ft. Myers, FL 33919 District: 5 Category: Private Industry Council William P. Dillon 2190 Arbour Walk Circle #2217 Naples, FL 34109 District: 2 Category: Attorney Casey Wolff 4951 Gulf Shore Boulevard, Apt. 1701 Naples, FL 34103 District: 4 Category: Immigration Law Robert Asbel, Jr. 112 South 1 st SWeet Immokalee, FL 34142 District: 5 Category: Local Law Enforcement 657-2569 08/05/97 04/04/98 1 Year 03/14/98 04/04/02 4 Years 657-2429 11/24/98 04/04/99 2 Years 03/23/99 04/04/03 4 Years 481-8020 08/05/97 04/04/99 2 Years 0~/.3/99 04/04/03 4 Years 596-8727 12/14/99 04/04/01 2 Years 261-0544 09/28/99 04/04/03 3.5 Years 657-6168 02/03/98 04/04/02 4 Years Thursd~, Deeemb~' 16, 1999 Pg.,, ? Immokalee Enterprise Zone Development Agency Name John Kirchner 3311 Golden Gate Boulevard, E. Naples, FL 34120 District: 5 Category: lmmokalee Chamber of Commerce ~ ! ~.',' ':"i :. 2800 No~h ~o~cshoe Drive .Naples, ~ 341 ]2 District: Category: Local Code Enforcement Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2t~dg_rpDate 2nd Term 352-8575 07/28/98 04/04/99 8 Months 03/23/99 04/04/03 4 Years 643-~145 09/93/96 04/04/9~ Denise Blanton 657-3306 !4700 Immokalee Road lmmokalee, FL 34120 District: 5 Category: non-voting ex-officio member t 2~09/97 00/00/00 unlimited This 13 member committee was created on Apdl 4, 1995, by Ord. No. 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. Initial members were appointed by Resolution No. 95-249. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the FL Dept. of Commerce for Enterprise Zone designation in Reso. No. 95-248, approved March 28, 1995. As part of the formal app for an EZ, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents, nonprofit community-based organizations, local private industry council, local code enforcement agency, and local law enforcement agency. Amended by Ord. No. 97-81 Terms are 4 years. FL~TAT: 290.001 - 290.016 Staff.- Greg Mihalic, HUI Director:. 403-2330 Page 3 of 3 MEMORANDUM DATE: TO: FROM: March 12, 2001 Vinell Hills, Elections Office .~~, Sue Filson, Administrative Assis~ - ' Board of County Co~ioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Mso, please list the commission district in which each applicant resides. IMM ENTERPRISE ZONE DEV AGENCY COMMISSION DISTRICT William P. Dillon 2033 Crestview Way, #103 Naples, FL 34119 David A. Ziecarelli 9534 C.,ampbell Circle Naples, FL 34109 Raymond T. Holland P.O. Box 5325 Imn~kalee, FL 34143 Fred N. Thomas, Jr. 1205 Orchid Avenue Lrnmokalee, FL 34142 Thank you for your help. MEMORANDUM DATE: TO: FROM: March 12, 2001 Greg Mihalic, HUI Director ~ ~ Sue Filson, Administrative Assista~/~ 4 Board of County Commi~ioners Immokalee Enterprise Zone Development Agency As you know, we curremly have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: William P. Dillon 2033 Crestview Way, #103 Naples, FL 34119 David A. Ziccarelli 9534 Campbell Circle Naples, FL 34109 Raymond T. Holland P.O. Box 5325 hn,nokalee, FL 34143 Fred N. Thomas, Jr. 1205 On:hid Avenue Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-flame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for yom' attention to this matter. SF Attachments i" AOENDA ITeM No. pg. /~ SERVICES, INC March 8, 2001 RECEIVED MAR 0 8 2001 ~oard of ~ount~ ¢o~e~ss!oner$ Via Faesimile 941-774-3602 Sue Fiison Administrative Assistant Board of County Commissioners !301 East Tamiami Trail Naples, HoNda 34112-4977 Re: Immokalee Enterprise Zone Development Agency Dear Ms, Filson: Thank you for you letter of February 16, 2001 regarding my past participation on the Immokalee Enterprise Zone Development Agency. I have greatly enjoyed the opportunity to serve the Immokalee community and surrounding areas. I would respectfully request that I be considered for an additional term on the agency. I have attached an updated resume for your review. Should you have any other questions please do not hesitate to contact me at (941) 658-3158. William P. Dillon General Counsel/Director of Operations 1454 Madison Avenue, Lmrnokalee, Florida 34142 · (941) 658-3000 William P. Dillon, J-D, LHRM 2033 Crestview Way, #103 Naples, Florida 34119 (941) 5968727 w.dillon~usa.net LEGAL EXPERIENCE: Collier Health Services, Inc., Immokalee, Florida General Counsel, Septcm_bcr 199S-Present £egalAffairs£~atson, June 1998-September 1998 · Represent the corporation in legal and administrative matters. · Coordinate ease management with outside counsel. · Drai~ contracts and other legal documents. · Provide advice to the Governing Board and Senior IM[anagement oa health cafe compliance and regulatory matters. William P. Dillon, P.A., Naples, Florida Attorney at Ixtw, May 1999-Present · Provide legal representation to Federally Qualified Community Health Centers, an Integrated Services Network, and the State Primary Care Association. Empower Medical Consulting Group, Inc., Naples, Florida Vice-t'resJdent, August 1999-Present · Empower Medical is a consulting corporation that provides health care compliance, regulatory and pracfic~ management services. Law Offices of Barry T. Shevlin, P.A.. Miami Beach, Florida Law Clerk, June 1997-May 1998 · Researched commercial, criminal and landlord tenant issues · Prepared pleadings, motions and other relevant legal documents · Interviewed current and prospective clients St, Thomas University School of Law, Miami, Florida Deans Fellow Instructor, civil Procedure 1996-1997 · One of only six studems selected from thc law school community to assist and instruct first year law students in the study of civil procedure Dade County State Attorney's Office, Miami, Florida £egallntern, Summer 1996 · Researched legal issues for Major Crimes Division · Assisted in motion preparation EDUCATION: St. Thomas University School of Law, Miami, Florida Juris Doctor, with Honors, May 1998 Academic: Top 15% Honors: St Thomas Law Review, Articles Editor 1997 Deans List Academic Achievement Awards: Debtor & Creditor Rights, Intellectual Property and Trial Advocacy and Practice Academy of Florida Trial Lawyers, 1997 Intrastate Mock Trial Competition Chester Bedel Memorial Mock Trial Competition, 1996 Activities: Association of Trial Lawyers of America, Student Chapter Vice-President Phi Delta Phi, Legal Fraterrfity Volunteer Income Tax Assistance Program ABA Work-A-Day, Volunteer Coordinator Florida International University, Miami Florida Bachelor of Science, cum laurie, August 1994 Major:. Criminal Justice Honors: Alpha Phi Sigma, Criminal Justice Honors Fraternity SPECIALIZED EDUCATION: Florida Risk Management Institute, Inc., Largo, Florida Licensed Health Cam Risk Manager OTHER PROFESSIONAL EXPERW, NCE: Southern HIPAA Administrative Regional Process Steering Committee Member, February 2001 to Present · Active participant in a joint public/private partnership formed to assist with regional HIPAA Administrative Simplification readiness. The workgroup is coordinated through the efforts of the Health Care Financing Administration office in Atlanta, G .s,. AGENDA frEM Florida Risk Management Institute~ Inc,, L~go, Flo~d~ ddjunct Faculty, June 1999 to March 2001 · Provided instruction to health care professionals training to obtain their state license in risk management. School of Safety and Justice Administration, Miami, Florida Adjunct Faculty, May 1995-May1998 Instructed Police Trainees in various subjects related to obtaining state law enforcement certification Bay Harbor Islands Police Department, Bay Harbor Islands, Florida Police Officer, November 1991-August 1995 · Uniform road patrol · In-service trainin$ instructor · Recipient Outstanding Officer Award 1992, 1993 and 1994 · Recipient Officer of the Year Award 1993 Bradenton Police Department, Bradenton, Florida Police Officer/Detecttve, April 1988-June 1991 · Uniform road patrol · Special Investigations Unit, street level narcotics and vice crimes · SWAT team member · Participated in various community drug prevention programs PROFESSIONAL ASSOCIATIONS: Collier County Bar .association, ~nerican Bar ,association, Health law and Business Law Sections, American Health Lawyers Association CIVIC ACTIVITIES: Leadership Collier Class of 2001 Collier County Government, Corporate Representative on Health Care Review Committee Collier County Government, Member of Immokalee Enterprise Zone Development Agency Collier County Bar Association, Mock trial coach, Immokalee High School Collier County Bar Association, Law Day speaker at Immokaloe High School Habitat for Humanity A~ IIEM no. 07/89/2~1 1B;87 7743~82 BCC fo~'Ad~js~ry Corem', ,d~/Bo~. ~' PAC_~ 81 03/02/01 FRI 10:13 F.~ ~001/001 AECEIVED MAR 0 2 200 ~ar~ of Country Commi$$!oner,s To: Sue Fil~on Fax: 774-8097 From: David A Zfcearelli Date: 3/02/01 ~a: Imm. Ent Zone Dev. Agency Pa0es: 1 Co: Board o£County Commissioners [] Ur~er~ [] For Review [] Please Comment x Please Reply Os'~rald Trip.'and Comp-~ny has bm~n a locally [wried and ~perated f~ll service lnsuralace agency since 1982. I have been a resiclent of N Naples for 15 years and have been in the commercial insurance business in Collier County f~' past 12 years. Prior I had an office in Bonita Springs where I was very active in promoting lhe Chamber and local business development. My field is cca'nmerdal insurance focusing on high-tech, medical, professional liability as well as commercial buildings Currently t am very active with both Naples and Boni~ Spdn~s Chambers, Business /Manufacturing Development committee for EDC, Presidents council VK:e Chair for lnternal~onal College where I co-chair business phase of capital campaign, former Leadership Collier member and current LC adviso~ board, Imrn~kalee Friendship House fund miser, Rotary BOD, Co-chair [] Please Racyc~ Taste of Bonita. Please consider this my application for vacant board seat. Thank-you Feb ~B 010i:3~p Sue Fil$on (841] ~74-88G5 p,1 Diatrlct I James D. Ca~ter, Ph,D, DistriCt 2 Tom Henni~ Dbtd~t 3 Pamela S, Mac'Kle ~strlct 4 3~01 East Tamtan~ Tall · Napl~. Fle~la 34112-4977 (94~) 774~J7 · Fax (~I) 774-06~ February 16, 2.00i ~r. Raymond T.Holland Immokalee, _FL ~414~ RE: Immokalee Enterprise Zone Development Agency Dear Mr. Holland: Your term on the above-referenced advisory committee expires on April 4,200 I. in accordance with the Advisory Board policy, the enclosed press release has been sent t~ the appropriate news media. We appreciate the time and effort you have put into the activities of this advisory committee and would like to advise you that you are eligible for reappointment. If you wish m be considered for another term, please submit an updated resume and a lerner indieatin8 your interest in continuing to serve on the committee to this office before the March 9, 2001, deadline. If you have any questions regarding this l~oeedure, please do not hesitate to contact me at 774-$097. /sf Enclosure cc: Gxeg Mihalic, HUI Director S~cerely, Sue Filson, Admiaistmtive Assistant Board. of Cotmty Commissioners P.o. leox 532$ lmmot.,t~. ~ 34~43 Wm, k g41,457-3171 1994 - Current Rodda Community 8anl~ Immokalee Florida = Ba~k Exectrdve Offlcer focus on Lending FunclJon · Fador ~ NatlOllS~lnk 1980-~4 · Citizen State Bank McMtnnvilM, Tennessee 1972-80 1972 Graduate Tennessee Technological University Cookoviile, Tennessee · Graduate S~ool of I~nking of the South at ~ 77-79 venous Boen~ of Directors Goodwill Industries Collier Co. Fair Boarcl of Dlfm:tms and Vice Pmslde~ Immokslee ~ of Commeme ~ ~ Di~ ~ Pa~ Prm~ent ;mmolmlee Emmpflze Zone Commlt~ Lee County Ek~r~ Coomm~e ~ cormmUee. Habitat, Chamber, Fair, Festivals. Church Pg. / ~ February 21, 2001 Sue Filson Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, Fl. 34112-4977 Dear Ms. Filson .~ttached please find a copy of my resume and yes [ do want to be reconsidered as a :nember of the Immokalee Enterprise zone Development Agency. Collier (L~un.ry Housing Authorirv * 1800 Farm Worker 5Vav * [mmokalee, Florida 34142 * (941) 657-3649 * FAX(941) 657-7232 FRED NICHOLAS THOMAS, JR. 1205 Orchid Ave. Immokalee, Florida 34142 (941) 657-8181 PERSONAL: Mamed: Wife, Cherryie Son, Fred N. Thomas, IlL M.D. Daughter, Mrs. Stephame Williams Grandchildren, Aaron & Kellie Williams & Fred N. Thomas, IV EDUCATION: DEGREE: Bachelor of Arts NORFOLK STATE COLLEGE - Norfolk, VA January, 1964 to May, 1967 Major: Psychology HOWARD UNIVERSITY - Washington, DC September, 1957 to February, 1960 Major: Chemistry SPECIAL PROGRAMS Human Motivation and Achievement, Dr. David McClellan Harvard Umversity, Summer 1965 Color Perception and Language Cognition, Dr. DeeLee Lantz Harvard University & Norfolk State College, 1965-66 Manpower Research Institute, Norfolk State College Norfolk, V' ~uginia 1966-67 Community Leadership School, Norfolk Chamber of Conmmrco Norfolk, V~ia, 1969 Housing Intern, Norfolk Redevelopmexa and Housing Authority Norfolk, Vkginia, Summer 1967 NAHRO Certified Public Housing Manager, July 14, 1978 Executive Development NAHRO Training Program Cincinnati, Ohio, June 14, 1979 U.S. Coast Guard Licensed Sea Captain Leadership Collier, Class of 1992 Leadership Southwest Florida - September 8-11, 1993 Leadership Florida, Class XVII (1998) EMPLOYMENT: December, 1986 - Present: Executive Director of Collier County Housing Authority_. July, 1985 - 1986: District Manager for Cardinal Industries. September, 1983 - 1985: Authority. Director of Housing Management of the Tampa Housing pg. &O FRED N. THOMAS, JR. Page 2 EMpLOYMENT - Continued November, 1980 - August, 1983: Director of Adminigtration of the Tampa Housing Authority. October, 1977 October, 1980: Executive Director of the Indianapolis Housing Authority. September, 1974 - October, 1977: Executive Director of the Evansville Housing Authority. July, 1969 - September, 1974: Director of Community Services--Richmond Redevelopment and Housing Authority. September, 1969 - September, 1974: Field Placement Supervisor for Graduate Student at Virginia Commonwealth University School of Social Work. June, 1967 - July, 1969: Tenant Relations Advisor --Norfolk Redevelopment and Housing Authority. CIVIC AND PROFESSIONAL ACTIVITIES: Chairman, Immokalee Enterprise Zone Board 1997 - Present Board of Directors, Big Cvpress Wilderness Institute President 1996 - Present 1998 - Present Board of Directors, Big Cypress Basin Board Vice Chairman 1998 - Present 1999 - 2000 Public Housing Authorities Directors Association TruStee 1990-Present 1999-Present Board of Directors, Redlands Christian Migrant Association 1992 - Present Collier County Republican Executive Committee 1999 - Present Board of Directors of I~unokalee Chamber of Commerce 1988 - Present President 1994 - 1996 Immokalee Rotary Member President Director 1987-Present 1997-1998 1987-1998 Software Support Consortium, Inc. (A non-profit software company for public housing agencies.) President 1996 - Prese~ FRED N. THOMAS, JR. PAGE 3 CMC AND PROFESSIONAL ACTIVITIES - Continued Florida Association of Housing and Redevelopment Officials President President-Elect Board of Directors FAHRO State Legislative Chairman National Association of Housing and Redevelopment Officials Board of Credenting Trustees National Members Services Committee North Central Regional Executive Board President of Indiana Chapter of NAHRO Govemor's Advisory on Farmworker Affairs Chairman Immokalee Main Street Board Chairman Collier County Planning Commission Chairman lmmokalee Foundation Vice President Executive Committee Beneficiary Advisory Committee Colher County Affordable Housing Commi.~sion Chairman, Collier County Affordable Housing Task Force Housing Partnership for Collier County Collier County Sheriffs Commission Norfolk State Alumni Association Member Richmond Chapter President National Vice-President National President Omega Psi Phi Fraternity Member, Omicron Beta Beta Dean of Pledges Pi Iota Chapter Charter Member Beta XI Chapter Keeper of Finances Beta XI Chapter Vice Baisleus Bete XI Chapter Dean of Pledges Phi Phi Chapter 1983- Present 1995-1996 1994-1995 1992- 1997 1989 1967- Present 1977-1980 10/79- 1983 10/79- 11/80 1979 -10/80 1993- 1998 1997-1998 1997-Present 1997-1998 1988-1997 1992-1993 1991-1998 1991-1998 1991-1998 1991- P~sent 1991-1998 1989-1990 1991- Present 1989- Present 1967- Present 1970-1972 1972- 1973 1973-1975 1973- Present 1990- Present 1980-198 -- AC~..N~A ITEM 1975-197 1974- 19~ 1976 - 1973 -19' Pg._ ~SL FRED N. THOMAS, JR. PAGE 4 CIVIC AND PROFESSIONAL ACTIVITIES - Continued NAACP, Collier County Executive Committee National Rifle Association Member Life Member Able Care Advisory Board Collier County Parks & Recreation Advisory Board Board of Governors of the Naples In~imte Health Planning Council of Southwest Florida, Inc. [mmokalee Vocational Advisor~ Board United States Coast Guard Auxiliary Member of Flotilla Materials Officer Boat Handling Instructor Member of Flotilla 93 Qualifications Examiner U.S. Jaycees AWARDS: Norfolk Mace Norfolk laycees National Chaimaan of Membership and Retention Planning Committee National Chairman, Minority Affairs National Director of Virginia Jaycees SPOKE - Established State Record by Qualifying in 21 days SPARK PLUG OF THE YEAR Region i'II Speak Up Winner Listed in Outstanding Young Men qf America Listed m Personalities of the South Greater hnmokalee Chamber of Commerco "Citizen of the Year" Leadership Collier 1999 "Alumnus of the Year" Listed b~ the Naples Daily News as one of the 100 Most Influential Persons m Southwest Florida for the last 100 years 1991- 1994 2000-Pr~mt 1967-1976 1976- Present 1987-1997 1987-1988 1994- 1997 1994 -1998 1988- 1997 1981-1986 1982- 1985 1981-1990 1986- 1990 1984-1986 1972- 1973 1972- 1974 1972- 1974 1972-1974 1968 1969 1971 1972 1972 1972 1998 19, EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE CONTRACTORS' LICENSING BOARD ~: To appoint 1 member in the category of Consumer to a 3-year term, expiring on Julle 30, 2004 on the Contractors' Licensing Board. CONSIDERATIONS.: This 9 member board determines the qualifications of applicants for the various categories of the Contractors' Certificates of Competency. They also hold hearings to determine if the holder of a certificate of competency of any contractor, master, or journeyman should be disciplined. A minimum 3 members shall be in the category of"Comer". The consumer representatives may be any resident of the local jurisdiction that is not, and has never been, a member or practitioner ora profession regulated by the board or a member of any closely related profession. Members are required to file a Form I Statement of Financial Interests each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. The terms for Robert D. Laird (Consumer), Arthur F. Schoenfuss (Engineer), and Daniel Gonzalez (Residential Contractor) expired on June 30, 2001. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR, ADV. COMM. Robert Jenldn~ Consumer 3 Yes Black Affairs Advisory Board Kenneth Lloyd Consumer 3 Yes None Robert D. Stakich Consumer 1 Yes Coastal Advisory Committee COMMITTEE RECOMMENDATION,: No Recommendation The openings are for an Engineer, Residemial Contractor, and a Consumer. It is recommended that the Board appoint 1 Consumer member and re-advertise for the Engineer and Residential Contractor categories. FISCAL IMPACT,: NONE GROW'Ot MANAGI~MEI~ IMPA(~T: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 consumer member, and direct the County Attorney to prepare a resolution co,~ing the appointmems. Prepared By: Sue Fllson, Administrative Assistant Board of County Commiam'oners A~enda Date: SEPTEMBER 11, 2001 AG~qDA ITEM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DM$ION BUILDEVG REVIEW AND PERMITTING 2800 North Horseshoe Drive Naples, FL 34~o4 MEMORANDUM DATE: TO: FROM: SUBJECT: August 21, 2001 Sue Filson, Administrative Assistant Board of County Commissioners Ed Perico, Director ':-'¥~iV- Building Review & Permitting Department Contractors' Licensing Board I have reviewed the resumes for the Contractors' Licensing Board and listed the specific categories they are qualified for. They are as follows: Kenneth Lloyd 5408 Freeport Lane Naples, FL 34119 Consumer Robert Jenkins 4541 7th Avenue, N.W. Naples, FL 34119 Consumer Robert D. Statich P.O. Box 1907 Marco Island, FL 34146 Consumer We still need applicants for the Residential & Engineer's position. If I can be of further assistance please do not hesitate to contact me at 403-2442. COntractors Licensing Board Robert D. Laird 1765 Courtyard Way Naples, FL 34112 District: 1 Category: Consumer Work Pkone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 03/23/99 06/30/01 2 Years 793-0933 Gary F. Hayes 643-2431 341 Airport Road North Naples, FL 34104 District: 4 Category: Specialty Contractor/Plumbing 09/26/95 05/25/99 06/30/96 06/30/02 Arthur F. Schoenfuss 6506 Ilex Circle Naples, FL 34109 Dism'ct: 4 Category: Engineer 597-7544 596-3388 06/13/95 06/16/98 06/3O/98 06/30/01 Daniel Gonzalez 809 Walkerbilt Rd., Ste 3 Naples, FL 34110 District: 2 Category: Residential Contractor 434-8696 11/07/95 06/I 6/98 06/30/98 06/30/01 Walter Mitchell Crawford, I 1280 Venetian Way Naples, FL 34110 District: 2 Category: General Contractor 596-0291 597-9604 06/13/00 06/30/03 Richard E. Joslin, Jr. 455-5000 595 13th Stxeet, N.W. Naples, FL 34120 District: 5 Category: Licensed Commercial Pool/Spa Contr 06/11/96 06/13/00 06/30/97 06/30/03 -1Ye, ar 3 Years 3 Years 3 Years 3 Years 3 Years 3 Years 1 Year 3 Years June 14, 2000 Page I of ~7 Contractors Licensing Board N~ Work Pkone Appt'd ~ Date Term Home Pkone DateRe. appt 2ndF.~ 2nd Term 571-3345 05/25/99 06/30/02 3 Years 649-8828 Sara Beth White 346 Piram's Bight Naples, FL 34103 District: 4 Category: Consumer Carol Patti 2501 Sailors Way Naples, FL 34109 District: 3 Category: Consumer Representative 02/09/99 06/30/00 1 Year 597-3759 06/13/00 06/30/03 3 Years Les Dick. son 643-1616 06/11/96 06/30/99 3 Years 202 Monterey Drive 05/25/99 06/30/02 3 Years Naples, FL 34119 District: 3 Category: Roofing Contractor This 9 member board was created by Ord. No. 78-2, 85-42, 90-105, 92-61 to determine the qualifications of applicants for the various categories of the Contractors' Certirmates of Competency. They also hold hearings to determine if a certificate of competency of any conlractor, master or journeyman should be revoked. A minimum of 2 membem shall reside within the corporate city limits of Naples or shall be recommended to the BCC by the Naples City Council. FI Slat, Sec 489.131, sub 10 states that 3 members must be consumer representatives. Membership should be licensed architect, general contractor, engineer, ~c~rical contractor, plumbing contractor, mechanical contractor, roofing contractor, residential or building contractor. ~M'~,,.._. "'~ ~-"-~.~-~--~ ..... : - ,"'O,[f] -i S~-,~_.~.+. "~ ~,,,, .......... '"~' -"'~- -- ,~mpcv. :!=_'2; of E__~ec_~ Terms am 3 years. This is a Quasi Judicial Board. Amended by Ordinance No. 94-34, 95-11, 97-68, 99-45 F£ ,~Y',,IT: 489 Sta~.. Ed Pedco, Building Review & Permitting Director..: 403-2400 14, Page 2 of 2 MEMORANDUM DATE: June 18, 2001 TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assis~ Board of County Commi~ioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. CONTRACTOR'S LICENSING BOARD COMMISSION DISTRICT Kenneth Lloyd 5408 Freeport Lane Naples, FL 34119 Robert Jenkins 4541 7t~ Avenue, N.W. Naples, FL 34119 Thank you for your help. MEMORANDUM DATE: TO: FROM: August 20, 2001 Sue Filson, Admini~qtrative Assist~"q Board of County Commissioners Contractors Licensing Board As you know, we curremly have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert D. Stallich P.O. Box 1907 Marco Island, FL 34146 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the appllemnts in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attemion to this matter. SF At~hmems RECEIVED Robert D. Statich P.O. Box 1907 Marco Island, Florida 34146 (941) 394-8881 JUN 2 6 200! ~rd of ~,ounc.,, Commissioner June 25,2001 Sue Filson 3301 East Tamiami Trail Naples, FL 34112 Dear Sue Filson: Please accept my name for a position on the Collier County's Contractors Licensing Board. Sincerely, Robert D. Stakich ROBERT D. STAKICH Board Member/Vice President (1994- 1997) Board Member (1983 - 1986) Chairman (1987- 1988) Board Member Board Member (1994 - 1997) Vice-Chairman ~999) Honor (1096) Board Member (199t - 1998) Chairman (1987 - 1994) Past President (1985 - 1986) Board Member (1981 - 1990) President (1997) Board Member (1982 - 2001 ) Chairman - Parish Council (1986- 1991) Co-Chairman - Building Committee (1986 - 1991) Board Member (1991 - 1005) Past President Vice President & Board Member (1986- 1991) Member Member Member Member Marco Island Civic Association Marco Island Residents Beach Assn. Marco Island Beach Renourishment Advisory Committee Collier County Tourist Development Council Marco Island Healthcare Center Marco lsland Drug Abuse Advisory. Committee Marco Island Citi/en of the Year Collier Countx' 5;heriffCitizens Commissioner Marco Island United Way Marco Island Chamber of Commerce Marco Island Chamber of Commerce Marco Island YMCA Marco Island YMCA San Marco Catholic Church San Marco Catholic Church Island Bask of Marco Forum Club of Collier County NapLes Youth Haven Veterans of Foreign Wars Marco Island Rotary Club Knights of Columbus Marco Men's Club Robert D. Stakich Pose Office Box 1907 Marco Island, FL 34146 '~13) 394-8881 Office 13) 642-6069 Home Birth: Wife: Children: Grandchildren: Health: December 1, 1920 Theresa, married 46 years (deceased) Brian, age 40; Robin, age 30 Five Excellent Education: 1934/1938 1938/1941 1945/1946 1946/1948 Cathedral Latin High School, Cleveland, Ohio Western Reserve University, Cleveland, Ohio Ohio University, Athens, Ohio, Business Administration John Marshall Law School, Cleveland, Ohio Service: 1941/1945 U.S. Army Infantry, Lieutenant, Rifle Company Overseas combat duty with the 69th Division. Honorable discharge 1951. Business Experience: 1948/1966 Organized and operated Stakich Construction Corporation Developed land - built approximately 1,200 homes in Cuyahoga County with F.H.A., V.A., and conventional financing, supervised company sales force. Also operated family-owned Stakich Realty, Inc., a real estate brokerage firm as a complimentary business. 1966/1970 Continued to operate as Stakich Construction Corp. Specialized in land acquisition, development and zoning but expanded as the representative of various builders and lending institutions including, as examples: (1) a joint-venture with the D. A. Visconsi Company of 100 acres of Euclid Beach Park which is currently divided into 50 acres of commercial and 50 acres along the lake for a 350 suite hi-rise apartment, and (2) the planning, assembling and zoning of 450 acres with Nick Mileti for the Midwest Coliseum site, the majority of which was zoned for apartment sites and commercial use. Robert D. Stakich Resume Pa,.~e Three {3) Margate Associates, a 256 lot subdiv~sion in Margate, Florida, purchased the Ft. Lauderdale land, supervised construction, and marketed lots, working with five local builders with model homes selling in the price range of $92,000. Total value over $8-million. {4) Charles Island Associates, a 176-unit hi-rise condominium on 36 acres on the [ntercoastal #aterway in Palm Beach County. Total sales of approximately $31 1/2-million. (5) King Arthur Associates, a 122 lot subdivision in Mentor, Ohio. Bought land, supervised construction, and marketed lots pre-sold to Ryan Homes. Approximated value of $2.7-million. March 1986 Selected by Barnett Bank of South Florida, Barnett Bank of Naples, NCNB Bank, Barnett Trust, and Deltona Corporation and appointed by the Federal Court in Miami to act as Trustee-in-Possession under Chapter 11 to take control of Hideaway Beach, Inc. on Marco Island, Florida. This property, fronting on the Gulf of Mexico, consists of 264 homesites which have sold from $60,000 to $350,000. Homes presently under construction on these sites range from $380,000 to $1.2-million. The complex includes golf course, tennis and racquetball facilities and a clubhouse/restaurant all in operation. The remaining units of the PUD zoning for 394 condominium planned to sell from $180,000 to $350,000. The Land costs for the condominium units will average $30,000 per unit. Future plans are for a small yacht club with docks and clubhouse. The Hideaway project is acclaimed as the fastest prestige venture in Southwest Florida. As Trustee, I have been responsible for managing all existing facilities and marketing the condominium sites. The sale has been successfully concluded for the 400+ condominium sites with Ronto Developers of Canada for $10-million and closed on December 15, 1986. The creditors unanimously approved the sale and were paid at closing. 1987/1992 Purchased the partnership interest of the Edward J. DeBartolo Corp. in the Marco Bay Resort, a unit condominium. Completed successfully construction and sale of 60 condo units adjacent to Marco Bay Resort, priced from $149,000 to $210,000. 1992/1997 Active as an investor RECAP: Forty-Nine years of hands on experience as developer in diversified projects including single-family housing, garden type apartments, hi-rise apartments, subs[dized elderly and nursing homes, and various commercial buildings. Extensive background in land acquisition, zoning, planning, marketing, sales and project coordination. Specialist in V.A., F.H.A., developer/manager in major joint-venture projects. Act participant in all phases of management including sales marketing. Broad base of business and banking associat. Robert D. Stakich Resume Page Three {J) Margate Associates, a 256 lot subdivision in Margate, Florida, purchased the Ft. Lauderdale land, supervised construction, and marketed lots, working with five local builders with model homes selling in the price range of $92,000. Total value over $8-million. (4) Charles Island Associates, a 176-unit hi-rise condominium on 36 acres on the Intercoastal Waterway in Palm Beach County. Total sales of approximately $31 1/2-million. (5) King Arthur Associates, a 122 lot subdivision in Mentor, Ohio. Bought land, supervised construction, and marketed lots pre-sold to Ryan Homes. Approximated value of $2.7-million. March 1986 Selected by Barnett Bank of South Florida, Barnett Bank of Naples, NCNB Bank, Barnett Trust, and Deltona Corporation and appointed by the Federal Court in Miami to act as Trustee-in-Possession under Chapter 11 to take control of Hideaway Beach, Inc. on Marco Island, Florida. This property, fronting on the Gulf of Mexico, consists of 264 homesites which have sold from $60,000 to $350,000. Homes presently under construction on these sites range from $380,000 to $1.2-million. The complex includes golf course, tennis and racquetball facilities and a clubhouse/restaurant all in operation. The remaining units of the PUD zoning for 394 condominium planned to sell from $180,000 to $350,000. The Land costs for the condominium units will average $30,000 per unit. Future plans are for a small yacht club with docks and clubhouse. The Hideaway project is acclaimed as the fastest prestige venture in Southwest Florida. As Trustee, I have been responsible for managing all existing facilities and marketing the condominium sites. The sale has been successfully concluded for the 100+ condominium sites with Ronto Developers of Canada for $1O-million and closed on December 15, 1986. Tile creditors unanimously approved the sale and were paid at closing. 1987/1992 Purchased the partnership interest of the Edward J. DeBartolo Corp. in the Marco Day Resort, a unit condominium. Completed successfully construction and sale of 60 condo units adjacent to Marco Bay Resort, priced from $149,000 to $210,000. 1992/1997 Active as an investor RECAP: Forty-Nine years of hands on experience as developer in diversified projects including single-family housing, garden type apartments, hi-rise apartments, subsidized elderly and nursing homes, and various commercial buildings. Extensive background in land acquisition, zoning, planning, marketing, sales and project coordination. Specialist in V.A., F.H.A., developer/manager in major joint-venture projects. Active participant in all phases of management including sales ~ndNo marketing. Broad base of business and banking associate~. 1, MEMORANDUM DATE: TO: FROM: June 18, 2001 Ed Perico, Building Review& Permitt/~? Director Sue Filson, AdminLqtmtive Assist~-/~ Board of County Commi~ioners Contractor's Licensing Board As you know, we currently have vacancies on the above-ret~renced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kenneth Lloyd 5408 Freeport Lane Naples, FL 34119 Robert Jenkins 4541 7m Avenue, N.W. Naples, FL 34119 Please let me know, in wxiting, the recommendation for appointment of the -advisory committee within the 41 day time-~ame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ~TIONAL/ADULT ED. TEL:815-436-6414 Jun 06'01 9:51 No.005 P.01~_~? Office of Career & Technical Education 3702 Estey Avenue Naples, Florida 34104 (941) 430-6900 ext. 2085 FAX - - (941) 430-6915 · High School Career Academies Barton Collier High: Medical Hospitality Business & Finance Gulf Coast High: Business & Finance Engineering & Natural Resources Health & Human Services Media & Technology Immokalea High: Hospitality & Human Services Communications Fine & Performing Arts Lely High: Construction & Engineering Naptes High; Arch{tecture & Englneenng Design · Areas of Concentration School-To-Career Activities Survey 5 Career Shadowing Tach Prep Student Internships Teacher Externsl3ips Millennium Schools Career Mentorlng Middle School Technology CTE Curriculum Textbook Adoption Program Funding Axtlculation Agreernent~ in-servic~ & Professional Development Collier Counly Character Education Traits Falnless Honesty Kindness Perseverance Respect Responsibility Date: June 6, 2001 Number of pages (including cover): To: Mrs. Sue Filson FAX Number: 774-3602 Company: ~oard of County Commissioners Department: From: Kenneth Lloyd Comments: Attached is a letter of interest and a brief resume for consideration. ~."d ,~ C0')n'i' ;J ~.nmm~ ss Self-discipline TIQNRL/RDULT ED. TEL:815-436-6414 Jun 06'01 9:S2 NQ.OOS P.02 OFFICE OF CAREER & TECHNICAL EDUCATION 3702 Estey Avenue Naplee, Florida 34104 (g41) ~0.-6000 ext. 2085 (M1)430-6915 FAX June 6,2001 Mrs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Mrs. Filson, I am interested in being considered for one of the three "consumer" vacancies that will be occurring on the Contractors Licensing Board. Having been in the real estate business has stimulated an interest in how the county is growing and a concern about who the contractors are that are doing the developing. Enclosed is an abbreviated resume. If you prefer a more extensive one, I can provide that as well. If you need further information, please call me. Thank you for your consideration. Sincerely, Kenneth Lloyd NO. COLLIER COUNTY CHARACTER [DUCATION TRAI TS Fa/mess Honesty Kindnesa Persiver'~ee Respect Responsibility Self. Discipline THE COLLIER COUNT~ I~ILIC ~".HOOC 8Y~'I'EM 18 AN EQIJ~,d. ~CCF..~;~ I P. QLIAL OPPORTUNI"~' INS I'ITUTION FOR EDUCATION AND CblPLOYMpNT ITIONAL/ADULT ED. TEL:815-456-6414 3un 06'01 9:52 No.OO5 P.O$ August, 2000 to Present July, 1998 to June, 2000 July, 1995 to June, 1998 July. 1987 to June, 1995 June. 1984 to June, 1987 June, 1983 to June, 1984 August, t972 to June, 1983 1977 to 1978 1970 to 1972 Kenneth M. Lloyd 5408 Freeport Lane Naples, Florida 34119 (941) 594-8685 tH) (941) 430-6900 (W) Objective: To mal(e a contribution to the future growth and development of the Collier County communities. Professional Experience District School Board of Collier County Naples, Florida Manager - Overseeing all Career and Technical Education programs. Community Sc, heel of Naples Naples, Florida Head of Upper School - Supervised the operation of a college preparatory school. Trinity Preparatory School Winter Park, Flodda Principal - Supervised the operation of a college preparatory school. Brookstone ~chool Columbus, Georgia Principal - Supervised the operation of a college preparatory school. Berl(eley Preparatory School Tampa, Florfda Computer Coordinator. Designed, coordicated and implemented computer usage. Henry B. Plant High School Tampa, Florida Computer Coordinator/Teacher - implemented computer usage into day and night school cunficulums, as well as conducted training workshops. Tampa Bay Vocational/Technical High SGhool Tampa, Florida Teacher/Coach - Developed and taught courses in computers and mathematics, and coached a variety of sports. AJso served on county bid committees. Education Univem!ty of Tampa Tampa, Florida Masters Degree - Educational Administration and Supervision Univemity of South Florida Tampa, Floride Bachelor of Arts Degree - Mathematics Education ITIONAL/ADULT ED. TEL:815-456-6414 Jun 06'01 9:53 No.O05 P.04 1983 to 1985 1982 to Present 1986 to Present Additional O.ccupations Univer~ity of South Florida - Florida Center for Instructional Computing Tampa, Florida Lecturer - Presented seminars on computer usage and mathematics. Instructor - Taught ¢ont/nuing education courses Tampa Educational Center Tampa. Florida Curriculum Developer - Designed computer curriculums for ages 5 through adult. Volunteer Work Tampa, Florida Police Athletic League - Established youth wrestJing program. Special Olympics - Organized wheelchair races. Columbus. Georgia Cancer Society - Assisted in the presentation of auction and charity ball Columbus Symphony - Assisted in auctions and fundraisers. Orlando, Florida United Cerebral Palsy - Coordinated youth fund raiser. Naples, Florida Sugden Theatre - Build sets. vonLlebig Art Guild - Modified membership datel~ase. Teenage Drug and Alcohol Task Force - Participated in action plant, ins Or_qanizations Phi Delta Kappa Columbus, Georgia President-elect Kiwanis Club Columbus, Georgia Vice President/Board of Directors member As$oclaUon of Supervision Curriculum Development National CounGil o! Teac, hem of Mathematics National Association of 9econdary School Principals References Fumlshed upon request $UN--~3--200~ 01:58 AM ~LUE~ILL--NAPLE$ 9417755729 TO: Sue Filson P.01 FROM: Robert Jenkins RE: Contractors Advisory. Board 1 would like to be appohited to this board as a consumer advocate, wlfic:h is one third of this board if I read it correctly. I trust my previous resume will suffice for fills appoinnnent. If you need m~ything else please call me at 455- 9432. Thank-you for your help in the past m~d l trust in the furore. 454 ! 7th Ave NW Naples, FI 34119 t ..~ECEIVED JUN 1 ~ard of Coun~ ~GENDA!~M Robert G. $cnkins 4541 7m Ave. I%WV Naples, FI 34119 941.-455-9432 Cm Ob]e~'~ive A suitable position with a solid org~-i~dn-~ where my cxped~ and education will be utii{_~_ aud cuhauced. Experience: Bethlehem Stol Posifiom Millwrigh~ Duties: Me~hanic.~l Maintenance for 15 years 72-87. Experience: Grey Oak_~ Position: Culinary Chef Duties: All aspec~ of Cnlir~_ry, Menus, orch=rinK, stock, schedules, Experience: Q,,ail West CouuU'y Club Position: Culinary Chef Duties: All aspects o£ CulMary, Mcnu, ordering, stock, schedules. Experience: Real Estate Sales License Position: Sales Du~: ~ Estate Sales Education' Associate of Science in Culinary ~ Florida Culinary InsfiUne, West p~{m ~h, Florida Management Theory Edison CommuniW In~i~m, Naples, Fl. Psychology Purdu~ North Central, Wcstvillc India.,, C _~diention, Mech. Maintennn~z CF~ft Academic Center, Michigan City lndiann EXECUTIVE SUMMARY,, APPOINTMENT OF MEMBER(S) TO THE SMART GROWTH ADVISORY COMMITTEE OBJECTIVE: To appoint 12 members to serve on the Smart Growth Advisory Committee to expire no later than June 26, 2003. CONSIDERATIONS: The Smart Growth Advisory Committee was established on June 26, 2001 by Ordinance No. 2001-41 to assist staffwith the implementation of the Community Character Plan through amendments to the Collier County's Growth Management Plan, Land Development Code and other smart growth concepts. This committee shall consist of 1 County Commissioner and 12 members from a broad base of citizens and disciplines including 2 development representatives or experts in the fields of architecture, landscape architecture, land use or transportation planning, 2 environmental representatives, 8 community leaders (civic, homeowner associations, presidents and directors with interest or expertise in the fields of architecture, landscape architecture, land use or transportation planning) or citizens. A press release was issued and resumes were received fi.om the following interested citizens: APPLICANT CATEGORY DlST ELECTOR ADV. COMM. Anderson, R. Bruce Development Representative 4 Yes Development Services Adv Corem Barker, Sally Transportation/Community 2 Yes Select Corem for Community Char R. Environmental/Land Use 1 Yes Bauer, Michael Cautero, Vincent A. Development Representative 2 Yes Curatolo, Kathlyn Development Representative 2 Yes Code Enforcement Forester, Debrah Pack Development/Land Use 2 Yes Girard, Scott L. Landscape Architecture 4 Yes Goetz, Ellin Architecture/Urban & Rural 4 Yes Select Comm for Communit~ Char ' Design & Landscape/Community Joiner. Christopher J. Architecture/urban & Rural 2 Yes Design Lucas, James 1. Community, Leadership 3 Yes Morton, Mark B. Development Representative 4 Yes 1-75 GG PkxYy Adx Comn: Mulhere, Robert J. Development/Land Use Planning 1 Yes Noe. Samuel V. Urban & Rural Arch/Land Use 4 Yes Select Comm for Community Char Pochopin, Patricia Community Leadership 3 Yes Prosser, Kathy Environmental Representative 1 Yes Rural Lands and Rural Fringe (2) Rideoune, James T. Community Leadership ~ 4 Yes Select Corem for Communit.~ Char Spatta, Carol,~,"a Land Use Planning 3 Yes Waterman, James W. Architecture/Urban & Rural 3 Yes Design Watson, Gordon R. Community Leadership 4 Yes West, Bill Community Leadership 3 Yes Wolff, Casey Community Leadership 4 Yes Imm Enterprise Zone Adv Corem Wolok, Mimi S. Environmental Representative 4 Yes Select Comm for Community Char COMMITTEE RECOMMENDATION: New Committee - no recommendation NOTE: Ordinance No. 86-41, Section Five, states, "No person shall serve on more than 2 count3' boards simultaneously. If application is made for service on a third Board, the applicant must resign simultaneously from one of his or her current Board positions, or the application for the third Board shall be disqualified." According to my records Kathy Prosser currently serves .... Area Assessment Oversight Committee and the Rural Lands Oversight Comrr~ FISCAL IMPACT.,: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 12 members, and direct the County Attorney to prepare a resolution confirming the appointmems. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: SEPTEMBER 11, 2001 filso~ s To: Subject: taylor_a Tuesday, August 28, 2001 6:15 PM filson s Comr~itteeMatrix.xls Dear Sue: Above is the matrix of applicant for the Community Character/Smart Growth Ad Hoc Committee. The ordinance establishing the Committee requires 12 members of which membership should represent the following: 2 Development Representatives 2 Environmental Representatives 8 Community Leaders or Experts in the Fields of Architecture, Landscape Arcitecture, Land Use, or Transportation. If you have any questions please call me at 659-5749. ._ MEMORANDUM--'~ -- DATE: TO: FROM: July 24, 2001 Vinell Hills, Elections Office Sue Filson, Administrative Assistan~_3~ Board of County Commissioners c-'~¢. .cC. Voter Registration - Advisor3.' Board Appointments The Board of Coun~ Commissioners will soon consider the following individuals for appointment to one of the county's advisory, committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COMMUNITY CHARACTER/SMART GROWTH COMMISSION DISTRICT R. Bruce Anderson 1670 Cra.vton Road Naples, FL 34102 Sally Barker 141 West Avenue Naples, FL 34108 Michael R. Bauer 109 Debron Drive Naples, FL 34112 Vincent A. Cautero 2253 Mill Stream Court Naples, FL 34109 Debrah Pack Forester 284 Fairway Circle Naples, FL 34110 Scott L. Girard 2201 Forrest Lane Naples, FL 34102 Ellin Goetz 439 3rd Avenue North Naples, FL 34102 4 AGEN['~A, FEM ~ NO, ¥~ .... Christopher J. Joiner 7118 Sugar Magnolia Court Naples, FL 34109 James I. Lucas 2671 Citrus Lake Drive, #201 Naples, FL 34109 Mark B. Morton 2233 Clipper Way Naples, FL 34104 Robert J. Mulhere 1946 Sheffield Avenue Marco Island, FL 34145 Samuel V. Noe 4451 Gulf Shore Boulevard, N., #405 Naples, FL 34103 Patricia Pochopin 4516 Parrot Avenue Naples, FL 34104 Kathy Prosser 4757 Cerromar Drive Naples, FL 34112 James T. Rideoutte 1125 Wildwood Lane Naples, FL 34105 James W. Waterman 959 Fountain Run Naples, FL 34119 Gordon R. Watson 2621 Windward Way Naples, FL 34103 5703 D~ond Way Naples, FL 34119 Casey Wolff 4021 Gulf Shore Boulevard, #1903 Naples, FL 34103 · ! AGENDA ITEM c' - ~ ] 'i 200I Mimi S. Wolok 1112 Trail Terrace Drive Naples, FL 34103 Thank you for your help. M E M O RAN DUNT-~ DATE: TO: FROM: July 25, 2001 Vinell Hills, Elections Office Sue Filson, Administrative Assislz}gt/ · · Board of County. Commissioners Voter Registration - Advisory Board Appointments The Board of County. Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COMMUNITY CHARACTER/SMART GROWTH COMMISSION DISTRICT Kathleen Curatolo 7649 San Sebastian Way lSJ?./O Naples, FL 34109 Thank you for your help. NO, '7 ................ DATE: TO: FROM: MEMORANDUM RECEIVED August 6, 2001 Vinell Hills, Elections Office Sue Filson, AHmink~'ative Ass'~a~ Board of County Commr~smners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individ-al~ for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COMMISSION DISTRICT Carolyn D. Sparta 5564 Foxhunt Way Naples, FL 34104 Thank you for your help. MEMORANDUM DATE: TO: FROM: July 24, 2001 Start Litsinger, Comprehensive Plannin~anager Sue Filson, Administrative Assistant///1 Board of County Commissioners o~,. Community Character/Smart Growth Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: R. Bruce Anderson 1670 Crayton Road Naples, FL 34102 Sally Barker 141 West Avenue Naples, FL 34 108 Michael R. Bauer ! 09 Debron Drive Naples, FL 34112 Vincent A. Cautero 2253 Mill Stream Court Naples, FL 34109 Debrah Pack Forester 284 Fairway Circle Naples, FL 34110 Scott L. Girard 2201 Forrest Lane Naples, FL 34102 Ellin Goetz 439 3~ Avenue North Naples, FL 34102 Christopher J. Joiner 7118 Sugar Magnolia Court Naples, FL 34109 James I. Lucas 2671 Citrus Lake Drive, #201 Naples, FL 34109 Mark B. Morton 2233 Clipper Way Naples, FL 34104 Robert J. Mulhere 1946 Sheffield Avenue Marco Island, FL 34145 Samuel V. Noe 4451 Gulf Shore Boulevard, N., #405 Naples, FL 34103 Patricia Pochopin 4516 Parrot Avenue Naples, FL 34104 Kathy Prosser 4757 Cerromar Drive Naples, FL 34112 James T. Rideoutte 1125 Wildwood Lane Naples, FL 34105 James W. Waterman 959 Fountain Run Naples. FL 34119 Gordon R. Watson 2621 Windward Wa)' Naples, FL 34103 Bill West 5703 Drummond Way Naples, FL 34119 Casey Wolff 4021 Gulf Shore Boulevard, #1903 Naples, FL 34103 Mimi S. Wolok 1112 Trail Terrace Drive Naples, FL 34103 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments YOUNG, VAN ASSENDERP, VARN~.DOE ATTORNEYS AT LAW REPLY TO: RECE)VE > P.A. '~' 2 0 200! F~. B~ucE ANDERSON CLAY C. E~ROOKER TASMA O. RUFORD DAm£L H. COY, TIMOTHY S. FRANKLIN DAVID ~, HOPSTE~ERe C. ~URENC[ ~[[SEY KENZA VAN ~S[NOERP GEORGE L. VARNADOE ~OY C. YOUNG 0r Cou.s[~ A.~. ~ S~*L~ Naples July 20, 2001 Via Hand Delivery GALLIE'S HALL StaTE 200 POST OFFICE BOX 18,33,3 (ZIP 3;330;3-183.3) TALLAHASSEE, FLORIDA 3;3301 TELEPHONE (850) TELECOPIER (850) 56~-6834 SuNTRusT ~UILD~NG 801 ~U~[L 0~A Dmv~ SUITE 300 POST OFFICE ~OX 7907 (~P ~APLES, FLORIDA 34 TELEPHONE (94)) TELECOPIER (941) 597 - Ms. Sue Filson, Administrative Assistant Collier County Board of County. Commissioners 3301 E. Tamiami Trail, 3rd Floor Naples, FL 34112 RE: Community Character/Smart Growth Advisor3, Comminee Dear Ms. Filson: Please accept this letter and the enclosed resume as an application to serve on the above-referenced advisoD' committee as one of the m'o designated development interest representatives. PresentR. I am ~e~* ",,-1..~ on the Cou_nty's Development ........ g,~,-,,i,~¢ Advisory Comm. ittee (DSAC), h,-,,'e,'er. .......... ,he second of my two terms on DSAC expires in December of this >'ear. I am a member of the Urban Land Institute's Southwest Florida District Council which has been a leader in the smart growth movement. My twenty (20) years' experience as a land use attorney in the public and private sectors. and record of solution-oriented consensus building, could be of assistance in the work of the new Community Character/Smart Groxvth Advisory. Committee. Should you or the Commissioners have additional questions, please feel free to contact me. Thank you for your consideration. Sincerely, R. Bruce Anderson Enclosure as stated F:\users\BETSY~Wp9\RBA\County application 072001 .wpd RESUME OF R. BRUCE ANDERSON Office: 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 Telephone: (941) 597-2814 Fax: (941) 597-1060 E-mail: banderson~yvvalaw.com Home: 1670 Crayton Road Naples, Florida 34102 PROFESSIONAL EXPERIENCE Partner, Young, van Assenderp, Vamadoe & Anderson, P.A., Naples and Tallahassee, Florida, May 1988 through present. Concentration on governmental law with emphasis on land use planning and zoning. Adjunct Professor, Edison Community College, Legal Assisting Program, Naples, Florida, August 1994 to 1996. Assistant County Attorney, Board of County Commissioners, Collier County, Naples, Florida. September, 1982, through April, 1988. Represented County in liti.gation in Circuit and Appellate Courts and before the Florida Public Service Commission on various issues including land use planning and zoning, public utilities regulation, antitrust, and civil fights. Registered lobbyist for Collier County with the Florida Legislature. Other responsibilities included: drafting and review of special legislative acts, ordinances, contracts and other legal documents; negotiat'.mg with other public agencies, citizen groups and developers; serving as in-house counsel to all agenmes and departments of county government and when requested, providing legal advice to Clerk of Courts, Tax Collector, Property Appraiser and Supervisor of Elections. Promoted to positions of Utilities Counsel in 1985 and to Chief Assistant County Attorney in 1986. Associate, DePew, Grimes, Chesley & Wilson, Attorneys at Law, Bloomington, Illinois, September 198 I, through September, 1982. General practice law firm where responsibilities included operation of satellite office, real estate~ probme; banking, family law, criminal law~ local government law~ personal injury, suits and general civil litigation. Intern, Civil Legal Aid Clinic, Gulfcoast Legal Services, Clearwater, Florida, August through December, 1980. Law school internship program where responsibilities included supervised representation of low income persons on civil matters such as landlord and tenant disputes, small claims, domestic violence and discrimination. Law Clerk, Opinions Division, Illinois Attorney General's Office, Springfield, Illinois, June through August, 1980. Responsibilities included research and pr. eparation of formal and informal Attorney General opinions to state and local officers and agencies regarding authority and limitations on governmental actions and procedures under state and federal laws. Intern, State of Illinois' Federal Liaison Office, Washington, D.C., June through August, 1977. Washington Center for Learning Alternatives internship program where responsibilities included monitoring of congressional hearings, rese~c.h and .aaa. l.ysis of.p?.nding legislation and its effect on state and local government programs, and hm~ted lobbying activities. Page I of 2 AGENDA ITEL~ ----" NO, ~ PROFESSIONAL AFFILIATIONS Admitted to practice in Florida and Illinois; Urban Land Institute, Southwest Florida District Council; Local Government, Environmental and Land Use Law Sections of The Florida Bar; State and Local Government Law Section of the American Bar Association; Who's Who in American Law; Collier County Bar Association; Editorial Advisory Committee, "Local Government Law Symposium", law review published annually by the Local Government Law Section of The Florida Bar and Stetson University College of Law (1986-1994); Chairman, Committee on Municipally-Owned Utilities, National Institute of Municipal Law Officers ( 1984-85, 1985-86). EDUCATION Stetson University College of Law, Juris Doctor (1981); Illinois State University, Bachelor of Science, Political Science (1977). ACADEMIC DISTINCTIONS National Finalist, National Moot Court Competition, sponsored by Young Lawyers Section of the New York City Bar Association (1981); Excellence in Advocacy Medal, American College of Trial Lav,3/ers (1981); Student Editor, Non-profit Corporations in Florida, published by The Florida Bar ( 1981 ); Faculty Research Assistant, Teaching Assistant, Stetson University College of Law (1981 ): Honors Program Scholarship, Illinois State University (1977); Washington Crossing Foundation Scholarship, Washington Crossing, Pennsylvania (1974). COMMUNITY ACTIVITIES Naples Area Chamber of Commerce, Issues Advisory Council (2000 - present); Collier Building Industry Association, Governmental Affairs Committee (2000 - present); Leadership Collier, Class of 1995; City-County Beach Renourishment and Maintenance Committee (1994 - 1997), Vice- Chairman (1996 - 1997); Collier County Development Services Advisory Committee (1993 - present, past Chairman and Vice-Chairman); Collier County. Land Development Code Advisory. Committee (1990-91 ); Naples Area Chamber of Commerce, Transportation Committee Chairman (1990-91 I. Government Overview Committee, Vice Chairman (1989-90); Collier County Republican Executive Committee (1986 - 1996), Treasurer (1986-88); Tiger Bay Club: East Naples United Methodis: Church Chairman, Pastor-Parish Relations Committee, Administrative Board (1987-89); Third Street South Area Association, Board of Directors (1989);'~Collier County United Wa3'. Attorney's Coordinator (1989). F :XasersXBETSY~Wp9LRBA~R. ESUME 0701 .wpd Page 2 of 2 From: Sa~ Bark~ To: Sue F'~,on Date: 07r2,v2001 T. ne: 8:34:50 AM Page 1 of 1 $alS~ Bar/e. er 141 Naple.r Florida 34108 941 .Y97-144Y Faot 941 .Y97-I.YI9 J~ma~' Sarahbarkerf~ sprintmail.com June 27, 2001 Mrs. Sue Fiison Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Mrs. Filson: I would like to express my interest in re-appointment to the Community Character/Smarl Growth Advisory Committee in the category of community leader. Enclosed please find a brief resume outlining my past and current activities for consideration by the Board of County Commissioners. If you or the Commission require any [urtl'k.~' information, please do not hesitate to call Sincerely yours, From: Sa~y Barke~ To: Su~ Fi',son Dnte: 07/24/2001 Time: 8:36:0e,~4 I~ge 1 of 2 Sally Barker 141 West Avenue Naples, FL 3410g Tel: 941/597-1445 Fax: 941/597-1519 Email:Sarahbarker~ spdntmail .corn Professional: Civic Activities: Medical Publishing Enterprises Naples Senior editor and writer for publications targeted to physicians, nurses, and other health care professionals: 1982 to 1998 United Press International Chicago News writer and desk editor for UPI's National Broadcast Division headquartered in Chicago: ~_976 to1978 CBS - WBBM Radio Chicago Joined as a news writer/editor when this CBS owned and operated radio station went all-news in 1968:1968 to 1973 Metropolitan Planning Organization Citizens Advisory Conunittee (Chair) Appointed to the CAC hq June 1994 for a ~,~e 3'ear term as the representative for District Two; served on the MPO's Traffic Calming Task Force in 1996. Reappointed to a second term in 1997. Elected cha¢ of the CAC in March 1998. Re-elected May 2001 Property Owners of Nor{h Collier Cotmtv/Second District Association (Chair) Elected to Board of Directors, 1994; chaired the North Naples Master Plan Task Force 1996-1997..appointed interim chairman of the organization in October I997, and elected chairman for a two year term in January 1998. Re-elected January 2000. Learninll Connection of Naples, lnc Elecled to the Board of Directors of this not-for-profit educational assistance organization in March 1997. Elected SecretaW in April 2001. Fr~n: Salty Bamer To: Su~ ~il~on Date: 07/24/2001 Time: 8:36:~6 AM Page 2 of 2 Sally Barker Rcsum~ Page two Personal: Select Committee on Community, C~aracter and Design Appointed by the Board of County Commissioners to the ad hoc committee. Elected vice-chair by the committee. Greater Naples Civic Association Elec*ext to Board of Directors 1999. FoCus Served as co-chair and then chair of the Transportation Task Force from 1996 to1998, and chaired the Mass Transit Subcommitlee EAR Growth ManaRernent Committee Appointed by the Collier County Commission in April 1995 to the Citizens Advisory C, ommitte~ for the Evaluation and Appraisal of the Coun .ty's Comprehensive Plan. Pine Ridge Civic Association Board of Directors Secretar)' of the Board of Directors for 1991 and 1992; president of the PRCA in 1993. Served on the Board of Directors through 1996. Education: University of Illinois, Champaign-Urbana. GraduatM 1966 with BS from the College of Journalism and Communications. Bom: Chicagol I1. Maiden name: Sarah L. (Sally) McMurr).'. Married: Michael Barker; two children: Mellanie and William. Education Depar, ment Tel: 941/348-9151 xl13 F~: 94!/348-!522 RECE!VEO JUL ~ TOT...k.2 P..:,.C£5 Iji.~c!u~ng cc,,',:;' s;:ee:) CO;v~nZNTS. AUIDUEON FAGENDA ITEM NO. _~_--.- , .... A :ITR~.TEGiC ALUANCE O~ T'KE FLORIDA AND' N^T!DN,.,,.Z. .":~' '"': Applic~ti.on for Advisory Commit~t~J[~o~ds ~, ;~,,=...... ~ Collar' Cou~ty'Board of 3301 E~t Tamiax~' :~ ~ Fax: ~1) 774. Do ~u.rurrentlyhnld pub'lie off.tee? Yes frs.o, v]~t NO Do yuu rim scare, o r kave ~ua e~r served, on.a CO l]i~r CouUy bo~d o r co nun]~c? Yu I~ yl~s, ~l.]eai~e Iii 'Lhe C o:rl~l~em~o ~"d f: Experience: ht'tp://co.collier.fl.us/bcc/advisory%20application.htm June 29, 2001 · · ~, WILKiSON & , ENGINEERS, SURVEYORS AND PLANNERS JUL 0 6 200! ~ard of Countj? Commfss~o~ers Ms. Sue Filson, Administrative Assistant Collier County. Board of County Commissioners W. Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 RE: Advisory Committees Dear Ms. Filson: With this letter and attached resume and vita I wish to apply for a position on the Community Character/Smart Growth Advisory Committee and]or the Workforce Advisory Committee. I believe you will find my experience qualifies me to serve on either of these Committees. If you have any questions my phone numbers and e-mail addresses are listed on the attached documents. I look forward to hearing fi.om you. Sincerely, WILKISON & ASSOCIATES, 1NC. Vincem A. Cautero, AICP Vice President of Planning VAC/sg SF'flsm Apply f~- C,'...,'.;ttce Positim. dec 3506 EXCHANGE AVE., NAPLES, FL 34104 941-643-2404 941-643-6752 AGENDA ITF..M No .... DAVID S. WILKISON, DAVID J. HYATT, P.S.M, HORACE A. WILKISON, PL.S, (RET.) ~ecyc:ed P~per ~ EMPLOYMENT HISTORY 1101 to date 6/95 - 11/00 PERSONAL RESUME Vincent A. Cautero 2253 Mill Stream Court Naples, Florida 34109-1713 (941) 566-7833 E-maih ccityplan~._.aol.com Employer: Wilkison & Associates, Inc., Naples, FL Position: Vice President of Planning Responsibilities include coordination and preparation of all documents and materials for planning and development related projects. Manager of Naples office. Employer: Collier County Division of Community Development and Environmental Services, Naples, Florida Position: Administrator Responsible to plan, direct, and review the activities and operations of the Community Development and Environmental Services Division which includes the Departments of Building Review and Permitting, Code Enforcement, Housing and Urban Improvement, Natural Resources, Planning Services, Pollution Control and Prevention, and Utility and Franchise Regulation. and the Offices of Financial and Records Management and Graphics and Technical Support. Prepare and monitor a Division Budget of $30 million with 226 employees. ._ Accomplishments: Oirected the prepRration and completion of the County's architectural and site design standards for commercial development. The County received an Award of Excellence for this project from the Florida Chapter of the American Planning Association in 1997; Supervised work of staff on the Bayshore/Gateway Triangle Redevelopment Plan. The Plan won an Award of Merit from the Florida Chapter of the American Planning Association in 2000; Directed staff work in securing $16 million grant from federal, state and regional agencies for the restoration of Lake Trafford in Immokalee; Governed staff activities which led to the Standards of Heritage Award 2000 to the Collier County Historical and Archaeological Preservation Board. The award was issued by Archaeological Council in May, 2000; I AGENDA IT,~-~ ----~ ! NO. . 8~85 - 5~95 Assisted in the staff work towards designation of the Empowerment Alliance of Southwest Florida; Implemented interlocal agreements with the North Naples Fire Control and Rescue District for fire plan review services and the Florida Department of Environmental Protection'- South District for wetland permit review. Employer: Citrus County Department of Development Services, Lecanto, Florida Position: Director, 11/90 - 5/95 Responsibilities included directing the administrative functions of the Department of Development Services which includes the Divisions of Building Inspections, Housing Services, and Planning. Supervised staff of 63 employees. Prepared, implemented, and monitored department budget of over $2.3 million; grant funds of over $1 million; and Tourist Develcpment Council budget of $281,000. Accomplishments: Supervised and directed the preparation and completion of the County's Manatee Protection Plan. The County received an Award of Excellence for the Plan from the Florida Chapter of the American Planning Association in 1992; Implemented department reorganization plan and streamlined one-stop building permit and development order processes by re-defining rules and responsibilities for the Technical Review Committee; Oversee reports, findings, and documentation routed to the Planning and Development Review Board, Code Enforcement Board, Board of Examiners,~Oontractors Advisory Committee, Housing Services Task Force, Tourist Development Council, Industrial Development Authority, Ecotourism Committee, and Transportation Disadvantaged Coordination Board. Coordinated the preparation of the County's Ecotourism Information Kit and Development Review Guide which received the 1995 Achievement Awards from the National Association of Counties; and Supervised daily functions of Fire Prevention Division from November 1990 to January 1994 prior to departmental reorganization. Position: Planning Director, 4189 - 11/90; served as Acting Director of Development Services from July to November 1990. Responsibilities included directing the technical and administrative functions of the Planning Division. Coordinated and /'~'G~D-A L~m ' t Comprehensive Plan projects and present recommendations, verbally and written, to the County Administrator, Board of County Commissioners, and Planning Commission. Accomplishments: Supervised staff of 10 employees. Prepared annual budget of $253,000 which included expansion of the department's Local Area Network; and Negotiated Stipulated Settlement Agreement with the Florida Department of Community Affairs to bring the Comprehensive Plan into compliance with Growth Management Laws. Position: Chief of Comprehensive Planning (formerly entitled Planner II!), 10186 - 4/89 Senior level position with divisional supervisory responsibilities including chief planner for comprehensive planning, coordination of review process for Developments of Regional Impact, preparation of reports for special projects, and liaison with County, municipal, and civic leaders to define mutual planning problems. Accomplishments: Directed the comprehensive planning process pursuant to Section 163, F.S., and Chapter 9J-5, F.A.C.; supervised four professional planners; prepared Potable Water, Sanitary Sewer, Intergovernmental Coordination, and Capital Improvement Elements; Served as Actif~g Pianninf=l Director from SepLen~ber '1986 to March 1987 and October 1988 to April 1989. Prepared staff reports for zone change applications, DRIs and special exceptions, and presented fh3dings to the Planning Commission and Board of County Commissioners; Prepared request for proposals for Traffic Circulation Element, Land Development Code, and Impact Fee studies; Prepared public participation plans for Local Planning Agency and Board of County Commissioners; Project Manager for Recreation Needs and User Survey (1987), Technical Advisory Committee North Suncoast Corridor Project (1987-1989), and CDBG Coordination (September 11, 1987, to October 31,1987). Position: Planner II, 8/85 - 10/86 Responsibilities included preparation of statistical and planning data for the Comprehensive Plan. Prepared and helped supervise special projects and staff reports. 9~82 - 8~85 8/81 - 5~82 6/81 - 7181 1/81 - 5181 5179 - 8179 Accomplishments: Conducted staff review and wrote Development Orders for Citrus Hills II and Meadowcrest Developments of Regional Impact; Coordination of special projects: population projections, projected land use, Economic Profile, Impact Fee Study, and Airport Feasibility Study; and Wrote Coastal Management Program and Florida Affordable Housing Act Grant applications. Employer: Missouri Cooperative Extension Service, Columbia, Missouri, Position based in St. Louis, Missouri Position: Community Development Specialist Responsibilities included technical assistance in planning and community, resource, and economic development to municipalities in St. Louis County (Population: 985,000). Accomplishments: Technical analysis of planning and zoning techniques for Olde Towne Planned District Committee - City of Fenton; Provided instruction in planning theory and techniques to Planning Commissioners in the Cities of DeSoto, Fenton, St. Peters, and St. Genevieve; Conducted strategic planning workshops for City of Glendale and St. Louis County Housing Authority; and Aciministerea community attitude surveys in the CitieS of Ferguson and St. Peters and for the Normandy Municipal Council. Employer: Position: Department of Urban and Regional Planning University of Illinois, Urbana, Illinois Research and Teaching Assistant Employer: Position: Nassau County Planning Commission Mineola, New York Intern Employer: Position: Housing Research and Development Program University of Illinois, Urbana, Illinois Research Assistant Employer: Position: Erie County Department of Environment and Planning Buffalo, New York Intern EDUCATIONAL BACKGROUND: Master of Urban Planning Degree - May 1982, University of Illinois at Urbana- Champaign, Specialization: Land Use and Environmental Planning, Masters Project: "The Use of Tax Delinquent Property for Potential Downtown Revitalization in New York State" B.S. in Urban-Regional Analysis and Planning - May 1980 (Cum Laude), Buffalo State College PROFESSIONAL AFFILIATIONS, COURSES, AND HONORS: Awards Juror - Florida Chapter, American Planning Association Awards - 2001 Leadership Collier - Class of 2001 International Who's Who - 2001 Edition Who's Who in America - 2001 Edition Speaker - "Reducing the Public Cost of Growth"- FPZA conference - Gainesville, October, 2000 Panel Moderator -"Collier County Rural and Agricultural Area Assessment"- FAPA conference -Tampa, September, 2000 Speaker - "Collier County's One-Stop-Shop Permitting System - FAPA Conference- Naples, September, 1997 Course Instructor- Florida Growth Management Short Course, 1999 and 2000 Public Official of the Year - 1996 - American Subcontractors Association of Collier County, Inc. American Institute of Certified Planners (Certificate No. 012733)- 1997+ American Planning Association - 1980+ * Florida Chapter- Legislative Policy Committee, 1985-2000; 2001+ * Suncoast Section (FL) - Newsletter contributor 1986-1995 * St. Lou!.'; M~tropol[tan Section/""~ t,,,~'~ Treasurer, 1984~8~ Vice President, 1985 Florida City and County Management Association - 1996-2000 Urban Land Institute- 2001+ ~- Florida Planning and Zoning Association - 1985-1991 * Springs Chapter Vice President, 1987-88 President, 1988-89 Chap[er Director, 1989-90; 1990-91 Georgia Institute of Technology - Development Impact Fees, conducted by Georgia Tech Education Extension, September 14-16, 1988 International City/County Management Association, Full Member, 1993-2000 Outstanding Young Men of America, 1986 Missouri Community Development Society, 1982-85 Board Member, Housing Options Provided for the Elderly Incorporated (HOPE, Inc.), St. Louis, Missouri, 1985 Chair, Cooperative Extension Long-Range Planning Committee - Region 6, St. Louis, Missouri, 1984-85 Planning and Zoning Commissioner, Brentwood, Missouri, 1984-85 Judge, Missouri Community Betterment, 1984 American Planning Association Student Project Award, 1983 Research Grant, Buffalo State College, 1980 PAPERS AND PUBLICATIONS: "Growth Management in Florida: The Essence of Negotiated Settlement", Planning and Public Policy, Vol. 16, No. 1, November 1991, pp. 5-6. Citrus County Comprehensive Plan, 1989-2005: Potable Water, Sanitary Sewer, Intergovernmental Coordination, and Capital Improvements Elements. "Citrus County: Economic Profile" - March 1986, 20 pp. "Meadowcrest DRI Development Order"-1985, 18 pp. "Citrus Hills II DRI Development Order"- 1985, 19 pp. "Continuing Education Interests of American Planners: An Analysis of Selected American Planning Association Chapter Surveys," prepared for American Institute of Certified Planners Continuing Education Committee - May 1982, 15 pp. "A Congregate Living Proposal for the Concord," prepared for Decatur, Illinois, Housing Authority - 1981, pp. 64-101. "Housing Study for Paris, Illinois" - 1981, pp. 1-10 and 4-66. "Assessing the Ecological Impact of a Coal-Fired Power Plant in a Rural Township: A Case Study in Somerset, New York" - 1980, 11 pp. REFERENCES: Information in regard to personal qualities, professional work record, and/or academic performance will be furnished once mutual interest has been established. VITA Vincent A. Cautero 2253 Mill Stream Court Naples, FL 34109-1713 (941) 566-7833 E-mail: ccityplan@aol .corn Emolovmenl; History 1/01 - Present Vice President of Planning Wilkison & Associates, Inc. Naples, Flodda 6/95 - 11/00 Administrator Collier County Division of Community Development and Environmental Services Naples, Flodda 8/85 - 5/95 Citrus County Department of Development Services Lecanto, Florida Director, 11/90 - 5/95 Planning Director, 4/89- 11/90 Chief of Comprehensive Planning, 10/86 - 4/89 Planner II, 8/85- 10/86 9/82 - 8/85 Community Development Specialist, Missoud Cooperative Extension Service St. Louis, Missoud Educational Backqround Master of Urban Planning - May 1982, University of Illinois at Urbana-Champaign B.S. - Urban-Regional Analysis and Planning - May 1980 (Cum Laude), Buffalo State College Affiliations and Honors Amedcan Institute of Certified Planners Amedcan Planning Association Who's Who in Amedca - 2001 Edition International Who's Who - 2001 Edition Leadership Collier- Class of 2001 Award of Excellence - Flodda Chapter, Amedcan Planning Association, 1992 and 1997 Award of Medt - Flodda Chapter, Amedcan Planning Association, 2000 Public Official of the Year- Collier County Chapter, Amedcan Subcontractors Association, 1996 Outstanding Young Men of Amedca- 1986 A~.N~.A.~ I July 10, 2001 Board of County Commissioners Cio Mrs. Sue Filson, Administrative Assistant 3301 Tamiami Trail East Naples, FIodda 34112 JUL ,: Re: The Community Character/Smart Growth Advisory Committee Dear Commissioners: I am very interested in participating in the Community Character/Smart Growth Advisory Committee. As you can see from my attached resume I have a Masters in Regional Planning and have been a professional planner for the past 11 years. I have had the pleasure of working for Collier County as a Chief Planner and was actively involved in the preparation of the Collier County Community Character Plan. In my current position with The Bonita Bay Group, I am the company's lead person in coordinating the Smart Growth initiative currently underway in Lee County and have working knowledge of the Smart Growth principals and how they can be applied. In addition to my professional experience, I am also the immediate past vice-president of the Bonita Shores Neighborhood Association and have been involved in a number of non-profit organizations. As a resident of Collier County for the past 11 years I have witnessed the many changes that have occurred in our community and have heard from a number of citizen groups the concerns they have about our community's future. I believe my experience in community planning and facilitating would be an important contribution to this committee. I would like to continue to be involved in planning (~(Jr community's future and hope you will consider me for one of the openings on this committee. Thank you for your consideration. Sincerely, Debrah Pack Forester, AICP j AC"£N[~A ITF--M 1 NO. q ff j New Page 1 Page 1 of l Advisory Committees/BOards Colllhr'Cotmt7 lloard of Con,,tdsslnz 33'01 Eaxt Tamiami T ' BlaPlm, FL ~ Fax:.'(941) 774-:3 Do youmw sexve, or h~ve youever sexved, orta Collier Countyho~ or'committee? Ye~ XfZes, ~ lease List the conurd~es~oa_~ls: Plms~ Iis3 ).ur cgmmuniW a~tiriti~ (civic ~tubs,.migl~borl~od assoc~z~;, Mq. ard positions held:.. , \ http://www.colliergov.net/bcc/advisory%20application.htm DEBRAH PACK FORESTER, AI(IP 284 Fairway Circle Naples, Florida 34110 (941) 592-1878 OUALIFICATIONS SUMMARY Experienced professional planner with progressively increased responsibilities in the areas of project management, grant and plan writing, neighborhood planning, redevelopment, grant admires' tration, contract preparation and monitoring, fiscal and budget analysis, community and volunteer board coordination; and building the capacity of non-profit organizations. Worked with varies ethnic and socioeconomic populations. BS in Environmental Education; Masters in Regional Planning, specializing in economic development. WORK EXPERIENCE Senior Policy Planner, The Bonita Bay Group, Bonita Springs, Florida. March 2001 - Present Responsibilities include directing the company's efforts in Smart Growth Planning and redevelopment projects; research and monitor innovative development and policy initiatives; coordinate special project studies on sustainability issues including environmental, social and fiscal; assist in the community's efforts to develop work force/affordable housing; and assist in the development of long-term development policies and strategies for the company. Chief Planner, Collier County Co~nprehensive Planning Section, Naples, Florida. January 1995 - March 2001 Responsibilities included project manager for the Collier County Community Redevelopment Agency including agency creation, plan preparation and implementation for two redevelopment areas; initiated the lmrnokalee Main Street Program; facilitated the development of the federal Empowerment Zone Grant; prepared and received the U~'ban Irffill Implementation Grant; coordinated conm~unitx~ committees and events; recruited and supervised two VISTA positions; prepared, selected and monitored outside consultant services contracts; prepared staff reports on Growth Management Plan amendments; prepared~zoning overlays; supervised staff; and provided the public with technical assistance regarding demographics and land use information. Promoted from Senior Planner. Redevelopment Specialist III, Lee County Community Redevelop~nent Agency. Fort Myers, Florida. June 1990 - December 1995 Responsibilities included working with community groups in identifying goals and building consensus; writing, negotiating and monitoring contracts; project manager for two construction projects; developing redevelopment overlays; preparing cash flow analysis and annual reports for 11 redevelopment areas and Agency's operating budget; provide technical assistance to all 11 redevelopment areas; grant administrator for federal grant awards; affordable housing coordinator; and maintaining public relations with the general public. Employed with the Agency since its inception. Promoted from Planner I. Assistant Supervisor, Joint Voluntary Agency, International Rescue Committee, ._ Bangkok, Thailand. November 1985 - July 1988 ~ AGE.~D.t, ~TEM Supervised activities of The Immigrant Visa and Humanitarian Parole office in B gkbt0. _-~------- Supervised expatriates and Thai nationals. Interviewed and prepared refugee cases for presentation to U.S. Immigration and Consular officers. Prepare~ correspondence and reports to U.S. Congress and various government agendes. DEBRAH PACK FORESTER, AICP Resource Developer, Catholic Charities of Louisville, Louisville, Kentucky. July 1982 - July 1984 Developed and implemented a volunteer program to assist Indo-Chinese refugees in the Louisville area. Recruited group and individual sponsors. Conducted public presentations. Prepared and received two grant awards. Organized a cooperative industry. Regional Volunteer Coordinator, Migration and Refugee Semices, U.S. Catholic Conference. Fort Walton Beach, Florida. November 1981 - 5uly 1982. Conducted on-site evaluations and made recommendations on existing volunteer programs in nine southeastern states. Facilitated training and educational workshops. Cultural Orientation Instructor, International Catholic Migration Com~nittee. Bataan, Philippines. January 1981 - June 1981. Instructed I_ndo-Chinese refugees for resettlement in the United States. Responsibilities included classroom instruction, drafting lesson plans, and developing curriculum, while living in a camp environment. VISTA, Volunteers In Service to A~nerica, Paiute Tribal Council. Lovelock, Nevada. October 1979- October 1980 Prepared and received funding for two Community Development Block Grant awards. Administered the grant award for an upgraded sewer and water project. EDUCATION Master of Regional Planning. University of North Carolina, Chapel Hill. Concentration iv~ Economic Development. Major Papers: "The Impacts of Tourism on.the Service Sector "An Economic Analysis of Macon Cotm~, North Carolina;" "Certification Programs for Minor±tT- Businesses: An Evaluation," 1990. Bachelor of Science. Michigan State University, East L'aLnsing. Environmental Science. Minor Communications. Teaching certification in math and science, 1979. OTHER ACHIEVEMENTS 1998 Employee of the Year - Collier County Board of County Commissioners Employee of the Month - Collier County Government, February, 1998 Employee of the Month - Collier County Planning Depazlanent, November 1997 Conference Presenter - 1997 Florida American Planning Association Conference Vice-President, The Promised Land Section, FAPA, January 1999 to present LANDSCAPE FLORIDA july 10, 2001 JUL i 3 200i Boar~ of County Commlss~ooer~ Mrs. Sue Filson Administrative Assistant Board of County, Commissioners 3301 Tamiami Trail East Naples, FL 34112 Re: The Community Character/Smart Growth Advisory Committee Dear Mrs. Filson, I am writing to express my deep desire to serve the city. and county that I now call home. I have recently moved from Central Florida to assume the position of President, CEO and Parmer at Landscape Florida, a leading landscape design/build/maintain company here in Collier Countw. As such, please allow this letter to be filed as mv formal request to be considered for a seat on the referenced adxqsorv committee. Per vour request, attached you ~ find mv biographical sunm~an' as well a copy of mr resume which will further acquaint you with my background and project experience. Mv home address is: o_2o01 Forrest Lane Naples, FL 34102 If you have any questions, please do ~9t hesitate to contact me at 941-643-6124 ext. 306. Thank you m advance for your cbnsideradon, and I look forward to hearing from vou SOOrl. Cc: File 2770 EATONWOOD LANE NAPLES, FLORIDA 34105 941 643.6124 FAX: 941.64364'13 www.land scape florida.corn Scott L. Girard President & Chief Executive Officer Biograpi~ic~ Summau' Mr. Girard brings 33 years experience in major master planning and landscape architectural projects around the world. His experience encompasses the landscape design, construction and maintenance of theme parks, destination resorm, large- scale festival/recreational events and commercial & residential developments. A California native, Scott spent 30 years with the Walt Disney Companies, serving with the Disney 'Imagineering' team. Scott rose to become Head of Planning & Landscape Architecture for Walt Disney World in Orlando and Chief Landscape _~chitect for Walt Disney Imagineering in both California and Florida. From 1968-1988, Scott participated directly in the planning, design and management of many of the Disney Company's most popular destination resort features, including the Magic Kingdom, Epcot and the Disney /MGM Studios at Walt Disney World in Orlando, FL; Tokyo Disnevland. Tokyo, Japan; and Disneyland Paris, Paris, France; as well as many of the resort hotels and water par'ks at the Florida resort. During the late 1980's, Scott joined the nationally recognized PERIDLkN organization as the founding partner of the Orlando, FL office. Under his direction, PERIDLX_'< Orlando became the most prolific and aggressive planning firm in the internation'al arena within three vears. Projects of note include M~ottas World Center Resort and Cypress Harbour Resort in Orlando, Florida, Miyama Hills, Guam; Valle de Bravo, Mexico; Ritz-Carlton Resorts in J- -akarta, Indonesia; TokTo, Japan; Munich, Germany: Monte Carlo, Monaco and Palms del Mar, Puerto Rico. At the same time, Scott served as the master planner and director of design for _~MERIFLOtLA '92. the largest 1992 quincentennial event in the United States, held in Columbus. Ohio. The event was successfully planned and built within a one hundred-year-old park of unusual beauT.' with over 1500 mature trees. Scott returned to the \X'alt Disney Company in 1994 to serve as Director of Landscape Operations at Walt Disney World in Orlando. Prior to that time he was instrument~ in the planning and design of all temporary and portable facilities for the 1996 OlympLc Games to be held in Atlanta, Georgia. He has also completed a number of successful tourism development projects in the Middle East and East Africa, all in partnership with the World Bank, the International Monetary Fund and the United Nations Development Programme. Scott earned his Bachelor of Science degree in Landscape ?u-chitecture from California State Polytechnic Universit3' at Pomona. His professional affiliations include the American Society of Landscape Architects, the Japanese Institute of Landscape Architects, and the Construction Specification Institute. He is a member of the Advisory Boards of Sunset Magazine and Los Angeles Cultural Heritage Foundation. Scott is also a sustaining member of the curriculum Advisory, Council for the Department of Landscape Architecture at the University of FI~ appointed to the State Technical Committee for Agribusiness{'arr~o_~q{f~.l,t'krl0pm~ Education by the Florida Depattment of Education. I. ~.~"~:~j~ Scott L. Girard President & Chief Executive Officer Ovem4ew: Scott Girard has over 33 years experience in major master planning and landscape architectural projects around the world. His experience encompasses the landscape design, construction and maintenance of theme parks, destination resorts, large-scale festival/recreational events and commer,%l development. Responsibilities involved directing and managing multi-discipline design and engineering teams for domestic and international destination resorts and theme parks. A California native, M_r. Girard spent 30 years with the Walt Disney Companies, serving with the Disney 'Imagineefing' team as Head of Planning and Landscape Architecture. Related Theme Park, Exposition and Attraction Experience: Galaxy Theme Park- Vila Nova da Barqninha, Portugal ($110 million) Serving as Director of Planning, directed the site design, grading and theme park layout for this, the first theme park experience to be constructed in Portugal. The park was successfully designed and sensitively placed within a 59-hectare hillside site possessing unusual beauty,, and significant environmental constraints. Disney's Animal Kingdom - Orlando, FL ($950 million) Serving as Director of Project Development for Disney's Horticulture, coordinated and managed a multi-disciplinary team of design, engineering and operations professionals for the event free start up of this 450 acre zoological and theme park. Developed pre- opening budgets, schedules, man loading and annual operating plan recommendations. Daytona International Speedway- Da.vtona Beach, FL (S10.3 miliion) Served as project planner and landscape architect for the expansion of the Supers~-etch spectator and parUcipant faciliw.' En~-ancements included the expansion of the Superstretch grandstand and all spectator related facilities, design and construction of txvo nexv entrance gates and associated VIP Paddock for the Superstretch, and desigm and construction of new RV Park and related facilities for participants. ^meriFlora '92 - Cob, rebus, OH ($110 million) Served as Master Planner and Director of Design for AmeriFlora '92, the largest quincentennial event in the United States held in Columbus, Ohio. The event was successfully planned, designed and built within a one hundred-year-old public park of unusual beauty, with over 1500 mature trees. Managed and coordinated the design efforts. Disneyland PaNs - Paris, France ($980 million) Serving as Director of Planning and Landscape Architecture for Disney 'Irnagtneermg', directed multi-disciplinary team of design and planning professionals in the site evaluation and selection process, and initial land use studies for this, the second Disney/MGM Studios - Orlando, FL ($480 million) As Landscape Architect of Record, managed a multi-disciplinary team of design and engineering professionals in the design and implementation of ali area development components for this 80 acre theme park and operating film and television studio. Provided design direcfon, budgets, schedule and cost control, design consultant payment request review, and contract administration. Tokyo Disneyland - Tokyo, Japan ($1.4 billion) Serving as Director of Planning and Landscape .~'chitecture for Disnev 'Imagineering', directed a multi-national, multi-disciplinary team of design and engineering professionals in the design and implementation of 'all area development components for this, the first Disney park outside the United States. _&rea development components included architectural flatwork, themed retaining structures, bridges, curbing, and railing, lighting fixtures, landscape and finished grading. Provided design direction, budgets, schedule and cost control, design consultant payment request review, and contract administration. Epcot Center - Orlando, FL ($1.2 billion) Serving as Director of Planning and Landscape Architecture for Disney 'Imagineering', directed a multi-disciplinary team of design and engineering professionals in the design and implementation o£ all area development components for this 400 acre, highly themed project. _&rea development components included architectural flatwork, themed retaining structures, br/dges, curbing and railing, lighting fLxtures, landscape .and finished grading. Provided desi~ direction, budgets, schedule and cost control, desi~tm consultant payment request rev/ew, and contract administration. Lake Buena Vista Communities - Orlando, FL (S450 million) As Resident Planner and Landscape _&rchitect. directed a mulfi-disci~lin:3rv ream ~,( design professionals in the planning and design of this, the host community to \Valr Disney \Vorld. The proiect included a welcome and preview center; six resort hotcis; Disney Shopping Village consisfi, ng cfr-_ 32 specialt)., shops and four distinctive rest~urants on a lake setnng; 133 townhouses; thirty-five Treehouse viklas; skxty golf course villas: and conference center with 140 suites. Walt Disney World Resort (Phase I) - Orlando, FL (5375 milhon) Served as Field Landscape _~chitect for the first phase of this multiphase project. Provided field design and direction support for the construction and installation of all area development components for the Magic Kingdom, Contemporary Resort Hotel and Polynesian Village Resort Hotel. Related Resort Experience: Acted as Land Planner and/or Landscape Architect for the following resort projects. Responsibilities included landscape, hardscape, pool, and fountain & water feature design: Disney's Contemporary Resort Hotel - Orlando, FL ! AGEND~ ITEM Disney's Polynesian Village Resort - Or!~do, FL ~ NO. ~ Disney's Grand Floridian Beach Resort - Orlando, FL Disnev's Fort Wilderness Resort and Campground - Orlando, ~L c ~ : ~ 9~5i! Disney's Yacht & Beach Resort Hotels - Orlando, FL Marriott World Center Resort - Orlando, FL Marriott Royal palms Resort - Orlando, FL Marriott Sabal Palms Resort - Orlando, FL Marriott Cypress Harbour Resort - Orlando, FL Marriott's Resort at palm Desert - palm Desert, CA Miyama Hills - Guam Ritz-Carlton Resorts Amelia Island, FL Buckhead, GA Jakarta, Indonesia Laguna Niguel, CA Manalapan, FL Monte Carlo, Monaco Munich, Germany Naples, FL Palmas del Mar, Puerto Rico Palm Springs, CA Tokyo, Japan Tyson's Comer, VA Background: BS, Landscape Architecture, Califomm State Pol,vtechnic University., Pomona, CA 1968 Member: American Sociew of Landscape .M:chitects Japanese Institute of Landscape Architects Construction Specification Institute Curriculum Adx4sorv Board for Secondan' Education, Florida Dept. of Educauon Curriculum Adx4so~' ,.Council, College of Architecture, Umversitv of Florida Sen~: By: J*ROLAND*LZEBER July 18, 2001 TO: VIA: FROM: RE: LANDSCAPE ARCHZ;9412615378; Ju1-18-01 6:03; Page Landscape Architects Landascape Design, Planning and Management LA#171 RECEIVED Jack Lieber, FASLA Ellin Goetz. ASLA John Ribes, ASIA JUL ! 9 200 Ms Sue Filson Administrative Assistant Board of County Commissioners Fax 774.3602 Etlin Goetz Community Character/Smart Growth Committee I am interested in an appointment to the Community Character/Smart Growth Advisory Committee. Please consider the attached resume as my application for an opening on the new committee. I served on the original Select Committee for Community Character, and I am eager to be considered a candidate for this subsequent committee. My home address is: 439 3rd. Avenue North Naples, Florida 34102 My emait address is Goetzlend~_ sol.com. Thank you for your consideration of this matter, and I look forward to serving. 399 Twelfth Avenue South, Naples,, Flodda 34102 E:mail jalpa@sot.corn AGENDA~ ITEM NO. ~_ 941,261-4007 Fax 941-2fil,5378 www. jrlpa.com Fort Lauderdale 954°764°6689 Sent By: J*ROLAND*LZEBER LANDSCAPE ARCH!;9412615378; JuZ-18-01 6:03; Page 2/4 ~&~[~(~,¢ i~-,~®~)®~'~ ~.)~ Landscape Architects Landscape Design, Planning and Management LA#171 Jack Lieber. FASLA Eltin Goetz. ASIA Jr~hn Ribes, ASL.A Ellin Goetz, ASIA Professional Education 1984 University of Massachusetts Amherst. Massachusetts Master Of Landscape Architecture 1976 Vassar College Poughkeepsie. New York Bachelor of Arts in Art History and Fine Art 1975 Williams College Williamstown, Massachusetts Junior year exchange program Professional Experience 1986-Present J. Roland Lieber, P.A. Landscape Architects Naples, Florida Landscape Architect 1984-86 A. Gall Boorman and AssoCiates Naples, Florida Landscape Architect Professional Registration Registered Landscape Architect: Florida LA -0001152 April 1987 ASLA Activities 1989 1988 1986-87 1982 Florida Chapter Design Awards Program, Chairperson Florida Chapter Design Awards Program, Co-Chairperson Section Chairperson, Naples-Fort Myers, Florida Chapter President. Student Chapter, University of Massacl~usetts, Amherst Honors, Awards and Recognition Florida Chapter, American Society of Landscape Architects 1991- Award of Excellence Residential Design Killilea Residence Naples, Florida Sent By: J*ROLAND*LIEBER LANDSCAPE ARCHIiga12615378i Ju!-18-01 6:03; Page 3/4 EIIin Goetz, ASLA 1989- Award of Excellence 1989- Merit Award Florida Nurserymen and Growers Association t998- Award of Excellence t989- Award of Excellence 1989- Award of Excellence Urban Design Third Street South Shopping Area Garden Courtyards and Streetscape Naples, Florida Resort end Community Planning The Vineyards of Naples Naples, Florida Fifth Avenue South Streetscape Revitalization Naples, Florida Third Street South Shopping Area Garden Courtyards and Streetscape Naples, Florida The Vineyards of Naples Naples, Florida Boys and Girls Club, Inc. of Collier County 1999 Visionary Award Given annually to honor an individual for personal and professional involvement in the community, and ~e~ice~ as outstandin§ role models for youth Zonta Club of Naples, Florida ,-- 1998 Yellow Rose Award Honodng professional women who have given service to the community and are recognized as outstanding role models Gulfshore Life Magazine 2000 Man and Woman of the Year Award Recognition for environmental stewardship American Association of University Women, Naples, Florida 2000 Women of Achievement Award Recognition for Leadership in environmental conservation and community design Greater Naples Leadership Class V Graduate of leadership program promoting volunteensm and community involvement Sent By: J*ROLAND*LIEBER LANDSCAPE ARCHI;9412615378; Ju!-18-01 6:0G; Page ~,'~ Ellin Goetz, ASLA Public Service Chairperson, The Conservancy of Southwest Florl(la Founding President and Board member, Southwest Florida Land Preservation Trust Board member, Big Cypress Basin, South Florida Water Management District Board member, Naples Planning Advisory Board, Naples, Florida Member, Select Committee on Community Character, Collier County, Florida General Coordinator, Cambier Park Playground Project, Naples, Florida 399 Twelfth Avenue South, E:mail jdpa@aol.com Naples, Florida 34102 www.jrlpa corn 941-261-4007 Fax 941,261,$376 Fort Lauderdale 954°764-6689 July 10, 200I JUL 7 20.0 Christopher J. Joiner, AIA 7118 Sugar Magnolia Ct. Naples, FL 34109 Ms. Sue Filson, Administrative Assistant Board of County Commissioners, Collier County 3301 East Tamiami Trail, Building F Naples, FL 34112 Dear Ms. Filsor~ I am writing to express my interest in serving on the Advisory Committee for the Collier County Community Character Plan. As an architect and resident of Collier County, I would be honored to participate in the growth of our communib'. Attached is my resume outlining my professional and civic experience for your reference. I can be contacted anytime at the following: Christopher J. Joiner, AIA Barany Schrnitt Summers Weaver and Partners, Inc. 5185 Castello Drive, suite 4 Naples, FL 34103 Work: 643.3103 Fax: 643.7435 Home: 596.6253 Christopher J. J~A Barany Schmitt Summers Weaver and Partners, Inc. CHRISTOPHER JAMES JOINER, A.I.A. EDUCATION PROFESSIONAL REGISTRATIONS University of South Florida School of Architecture and Community Design Tampa, Florida Master of Architecture, 1991 Eduardo Garda Scholar, 1990 Good Gulfstream Scholar, 1989, 1990 University of Florida College of Architecture Gainesviile, Florida Bachelor of Design, 1986 Licensed Professional Architect Flodda #15754 Georgia #10017 NCARB Certified ~ht8602 PROFESSIONAL EXPERIENCE PROFESSIONAL ! CIVIC ORGANIZATIONS 2001 -Present: Project Architect Barany Schmitt Summers Weaver and Partners, Inc. 1994 - 2001: Partner, Joiner Faulhaber Architecture, Inc. Tampa, Fl 1991 - 2000: Adjunct Professor, University of South Florida SchoS] of Architecture and Community Design 1991 - 1994: Research Associate/Project Manager Flodda Center for Community Design and Research, USF SCAD 1987 -1988: 1986-1987: Intern Architect/Project Designer The Martin Organization, Architects Boca Raton, FI Intern Architect Architectural Design Group, Inc. Ft. Lauderdale, FI Flodda Southwest Chapter, Amedcan Institute of Architects University of South Flodda Alumni Association City of Tampa/Hillsborough County Architecture Review Commission, member December 1999 - May 2000 RECENT PROJECTS RELATED PROJECTS Golden Gate Multi-Recplex, Naples, Fi Verandah Amenity Structures, Ft. Myers, FI Collier County Government Services Building, Naples, FI Naples Sailing and Yacht Club, Naples, FI Tarpon Creek Resort Master Plan, Everglades City, FI Suarez Residence, Tampa, FI Bosy Residence, Tampa, FI Dental Office for Dr. Redd, Tampa, FI Safe Schools Design Guidelines for the State Department of Education, 1993 Crescent Lake Neighborhood Plan, St. Petersburg, FI, 1993 Overtown Community Redevelopment Plan, Miami, FI, 1993 Hillsborough County Migrant Farmworker Housing Study, 1992 Gateway 2000, North Tamiami Trail Urban Design Study, 1990 Sarasota, FI USF Housing Planning Strategies, Tampa, FI 1992 Clearwater-Largo Road Corridor Design Guidelines, 1994 Largo, FI BACKGROL .-ND: James I. Lucks D.O,B. - 4-22-34 Married - Wife Brenda Military Service - U.S. Air Force Retired - Oct. 1990 - 33 yrs. U, S. Govermnent Ye, ar Round Resident of Lakeside QUALIFICATIONS: Serves as President of Lakeside Residcnts Azsociafion,a homeowners a~.~y:iation of 396 homes and condominiums in Lakeside of N-ap[~, 7600 N. Ah'pon Road, Naples 1996 to pre~nl. Served as Vice Prcsidcnt of,Lakeside Residcnts Association 1995 - 1996. President of Lakeside Gardens A Condozninimn As,ociatiol~, a condominium association ol- 108 units in Lakeside ofNaple~ ] 995-Present. Served az ~ce President ofLakesidc G~rrdens A Condomimum Association 1994-1995. Served as manager Air Traffic Di¥is/on, New England Region. Had authority for directing the air traffic program in rite rog/on including operation of all traffic facilities - Senior Executive Ser~-icc SES-4. Superintendent of the FAA Management Training School, Cameron University, Lawton, Okla., directed, controlIer[ administcrcd ,'md over~aw the school and nil facets o£ nmnagcrkd, supervi~ry mid special development programs. FacilitT Chief. Honolulu Air Route Traffic Control Center, Honolulu ,Hi. Responsible for insUnng ttmt all- tcchnical, opemtiorml and o~her functtonal work cffo.,x~ were carried out/z~ a s:d'e, efficient .mtd eXl:,cd/tious manner. GS-15 Assistant Chief Boston ARTCC. Directed the day to day operations of the fac/liB'. Provided advice on a~mnistration and t¢clmicaI problems. GS-14. Evaluation. Proficiency. and Dcvclopment Officer, Boston Pd:[TCC, Responsible for e~'aluation of effecti~cncss o~ facilit}~ personnel proccd~xrcs and proficiency development program. GS-14 Chicf ;,Ar Traffic Training Unit - FAA Academy,Oklahoma Cii3, Okla Sen,ecl as supcrvision En Route Sec-don. GS-13 Air Traffic Conn'ol Specialist Boston ARTCC, Nashua, N.H. GS-5-GS-12 AWARDS AND RECONGNITION: Secretary of Transportation Award for outstanding achievemenk 1987. Outstanding Performance Rating 1966 - 1968 - 1972 - 1979 - 1990 Special Achievement Axvard 1970 - 1982 Smstain~:l Supcrior Performance 1966- 1983 Id WdD£:IO I00~ 0~ 'In£ SOPS-P6S : 'ON X~ BOlSB~] : W[~ · P.O. BOX 413038 · NAPLES, FLORIDA 34101-3038 941-262-2600 July 20, 2001 JUL. 2,3 200i Sue Filson Administrative Assistant Collier County Bd. Of Commissioners 3301 Tamiami Trail E. Naples, Florida 34112 RE: Community Character/Smart Growth Advisory Committee Dear Ms. Filson: I would like to participate as a member of the Community Character/Smart Growth Advisow Committee, as one of the development representatives. I have been involved in many County and other governmental committees over the years. I was chairman of the County's ADHOC Unified Land Development Code Committee and am currently a member of the 1-75 and Golden Gate Parkway Interchange Ad Hoc Committee. I attended most of the Governor's Growth Management Study Committee meetings last year. Along with the governmental committees, I have been involved in a variety of state and local committees such as representing the Florida Chamber of Commerce on the Future of Florida Steering Committee as a group facilitator, a member of the Urban Land Institute Southwest Florida District Council Executive Committee. Vice Chair of Proerammine and attended two Urban Land Institute's Smart Growth Meetings in Austin and Atlanta along with a regional meeting in Florida. I am a member of the Rookery Bay Coastal Institute Advisor2' Committee. the Collier Smart Growth Task Force steering committee, the Southwest Florida Transportation Initiative Executive Committee, a Naples Area Ch'amber of Commerce Board member, Chairman of the 2002 Leadership Collier Class, Vice Chair of the Chamber's Issues Advisory Council. President of the Coconut River Estates CommuniW Association, and a member of the Greater Naples Civic Associations President's Council. I have followed the Community Character program and am quite familiar with it. I have a knowledge base in architecture, landscape architecture, land use planning, lxansportation planning, and engineering. I have a Bachelor of Science degree and a Masters of Business Administration. I believe I will bring a great amount of expertise, knowledge, and consensus building ability to this committee. It would be an honor to serve on this committee. Mark B. Morton AGEN~.A ITEM ! [ NO. ......... Application for Advisory Commi~ards Colll~ Cotm~ ~om'cl of Commi,mm~rs 3301 E,tst Tamiami Tr'a~ Nsples, lq., 34112 z~p c,~: ::34104. Mrs. Sue Filson, Administrative A~l~{'a3n0...i'' C00,~;_~. (;0~mi.~s, tot~er~ Board of County Commissioners Harmon Turner Building 3301 Tamiami Trail East, Naples, Florida 34112 Re: Application for Appointment to the Collier County Board of Commissioners Community Character/Smart Groxvth Advisory Committee (established by Ordinance No. 2001-41 ) Dear Ms. Filson: I am requesting appointment to the Community Character/Smart Growth Advisory Committee to be appointed by the Board of CounU; Commissioners as established by Ordinance No. 2001-41. I have been a resident of Collier County since 1984. Over the past 17 years, I have been an active participant in various civic and community.' issues and organizations. With specific regard to the subject Corranittee, which will assist staff with the implementation of the Community Character Plan through amendments to the Collier County's Growth Management Plan, Land Development Code and other smart ~owth concepts. I offer the following qualify/ng experience: · 12 Years -Local and Regional Planning Experience; · Former Collier County. Planning Director (1998-2001); · Member American Institute of Certified Planners (AICP); · Member Urban Land Institute: Member Florida Chapter of the American Planning Association (FAPA), Executive Committee (2001, 2002): · Chairman, Promised Lands Section of FAPA (2001, 2002); · Member Smart Growth Task Force Steering comrmrtee; and · Instructor, Florida Chamber Growth Management Short Course (2000). Additional qualifications and other pertinent information are provided in the attached resume. Thank you for your consideration in this matter. Please do not hesitate to contact me should you require any additional information. Sincerely Robert J. Mulhere, AICP Director of Planning CC~ Commissioner James D. Carter, Ph.D., Chairman Commissioner Pamela S. Mac'Kie, Vice Chairwoman Commissioner James N. Coletta, Jr. Commissioner Donna Fiala Commissioner Tom Henning Tom Otliff, County Manager 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (941) 649-1509, fax: (941) 649-7056 · www.consult-rwa.com ROBERT J. MULHERE, AICP Planning Director 1946 Sheffield Avenue Marco Island, Florida 34145 Telephone (941) 642-6425 (H) - Telephone (941) 649-1509 Facsimile (941) 649-7056 E-mail - rmulhere~aol.com (home) rjm~consult-rwa.com (work) Mr. Mulhere offers over 15 years of professional planning experience and community services to Southwest Florida communities. Prior to commencing employment with RgVA, Inc., Mr. Mulhere's was employed as Planning Director for Collier County Government. Mr. Mulhere holds a B.A. in Political Science and a master's degree in Public Administrating from Florida Gulf Coast University. Bob has been a member of the American Institute of Certified Planners since 1994. As a result of his significantplanning experience in this fast-growing region of the country, Mr. Mulhere is considered a leader in his field, with particular expertise in growth management, land planning, site development, urban design, neighborhood planning, zoning regulations and ordinance writing, conflict resolution, and public facilitation. PROFESSIONAL EXPERIENCE: 2001 - Present: RWA, Inc., Naples, Florida: Planning andCivil Engineering Consultants; Suveyors & Mappers; and Project Managers. Plannin~ Director - Responsible for initial start up and development of a Planning Division in order to offer the full spectrum of development and professional planning consulting services on local, a regional and ststewide basis. Consultation services include: zoning and site planning; visioning; comprehensive and strategic planning; community, and. neighborhood plans; public facilitation and participation; master planned communities and expert testimony. 1998 - 2001: Collier CounW Government, Community Development - Environmental Services Division, Naples, Florida. \LFile-s~w~z- I \004} l~Admmi.m'alion~RWA lin:\00-0007 ,MarkCtmg~l~urr~q~ob Mulher~LR~,m-t:. Bob Mul doc Planning Director - Direct supervision over a staff of 65, including professional planning, environmental, landscape architecture, transportation planning (MPO), engineering review services and support staff. Responsibilities include budget preparation and administration of all aspects of planning, engineering and development review. Responsible for administration and interpretation of the Collier County Comprehensive Plan and the Collier County Land Development Code. Staff liaison to the Collier County Planning Commission, the Collier County Environmental Advisory Council, and several other advisory boards, committees and subcommittees. 1994 - 1998: Collier County Government, Community Development 8r Environmental Services Division, Naples, Florida. Current Planning at Technical Services Section Manager - Direct supervision over a staff of 25, including professional planning, environmental, landscape architecture, and support staff. Responsibilities include: budget preparation; administration of the Collier County Land Development Code; processing and review of all land use petitions; site development plan review; zoning compliance; and, staff liaison to the Collier County Planning Commission, the Collier County Environmental Advisory Board, and several other advisory boards and subcommittees. Additional responsibilities include: working with various neighborhood and civic groups developing area specific comprehensive plans and zoning overlays; overseeing special projects; and, making formal written and oral presentations to elected officials and citizen groups on a weekly basis. 1992 - 1994: Collier County Government, Community Development- Environmental Services Division, Naples, Florida. Planner I1 - Responsibilities included; preparation of Land Development Code Amendments; review of, and recommendation on, various types of land use petitions, including rezones, conditional uses; subdivision plats, planned unit developments (PUD), developments of regional impact (DRI) and so on. Additional responsibilities included: making formal written and oral presentations to elected officials and citizen groups; preparing written responses to general inquiries from the public and the development community. 1989 - 1992: Collier County. Government, Community. Development & Environmental Services Division, Naples, Florida. Play,her I - Entry-levcl professional planner position. Rcsponaibilities included: preparing correspondence relative to zoning and planning (land use) matters; researching issues and providing a written position paper, usually in support of or in opposition to various proposed land code amendments; review of site development plans for all'multi-family and non-residential development in Collier County. EDUCATION: Postgraduate - MPA -Florida Gulf Coast University (May 2001). Undergraduate - B. A. Political Science - St. Michael's College, Winooski Park, Vt. (May 1977) High School - Clarkstown H. S. No., New City. N. Y., 1969 - 1973. (May 1973) \xl:ile-server-l\00-01 k~dminislxation',RWA IncX,00-0007 MarkelingkResum~Bob Mu~eve'~R~unm.[~ob M,,I doc 2 ACCOMPLISHMENTS: · Named 1997 "Marco Island Citizen of the Year Award" by the Naples Daily News · Named one of Marco Island's "Top 30 Leaders of 20th Century" by Marco Island Eagle · Appointed to U. S. Army Corps of Engineers Southwest Florida Environmental Impact Statement Alternatives Development Group (ADG) · Member Southwest Florida Ecosystem Recovery Taskforce Working Group · Coordinated the development of first County Wide Architectural Design Standards in State · Instructor, Florida Chamber of Commence Growth Management Short Course · Received Florida American Planning Association "Award of Merit" in 2000 · Received Florida American Planning Association Award of Excellence" in 1997 · Developed Marco Island Zoning Overlay District · Coordinated major rewrite of Collier County's Landscape Code · Developed Collier County's comprehensive sign ordinance · Leader oftaskforce that developed integrated computer ne~vork for all aspects of development review, code enforcement and permitting · Serve as Divisions lead facilitator for the County's Quality Improvement program for three years · Member of Disaster Recovery Task Force, which developed County's disaster recovery policies · Volunteer phone bank leader for Emergency Management Office · Supervised development of various sub-area master plans and zoning overlay documents · Received Distinguished Leadership Service Award from YMCA of the USA in 1997 · Received Distinguished Fundraising Service Award from YMCA of the USA in 1998 PROFESSIONAL -CIVIC AFFILIATIONS: · Member American Lnstimte of Certified Plan. hers (AICP) · Member American Planning Association (APA) · Member Urban Land Institue · Member Florida Chapter of the American PlanningAssociation (FAPA), Executive Committee · Chairperson, Promised Land Section of the Flor/da Chapter APA (2001-02) · Member American Society of Public Administrators (ASPA) · President, Marco Island Charter Middle School Board (2001) · Member Urban Land Institute (ULI), Southwest Florida District Council Member · Marco Island YMCA Board of Directors, (Pres. 1996, 1999) · Member Tommie Barfield Elementary School Advisory · Committee Member City of Marco Island Parks at Recreation Advisory Board (1999, 2000) References Available Upon Request \~'fle-server. I\0~ l~Administration~.WA Inc'x004)007 Mark~mg~.esumeskBob MulhereLRes-arr~ Bob Mul. doc 3 SA~MUEL V. NOE, AICP 4451 GULF SHORE BLVD. N., SUITE 405 NAPLES, Fcomo^ 34103 JUL 0 zuul PHOXE: 941-659-1013 F.~'c: 941-659-1014 Boar~ of Country Commissioners 28 June 2001 Mrs. Sue Filson Administrative Assistant Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Mrs. Filson: I am writing to apply for membership in the recently established Community Character/Smart Growth Advisory Committee. You may be aware that I have already served for two years on the County's Select Committee on Community Character and Design. I am therefore quite anxious to continue this involvement as the work of implementation of our recommendations is undertaken by the new committee. I believe you will see from the enclosed resume that my qualifications are a good fit with at least one of the membership categories established for the new committee. You may want to consult with Jim Rideoutte or Sally Barker, chair and co-chair of the Select Committee for their comments on my contributions to that committee. Many thanks for your consideration. Sincerely, Samuel V. Noe ench professional resume PROFESSIONAL RESUME SAMUEL V. NOE, AICP Professor of Urban Planning and Design Emeritus University of Cincinnati 4.451 Gulf Shore Blvd. N.,//405 Naples, FL 34103 Telephone: (941) 659-1013 Fax: (941) 263-2581 E-maih noesv@yahoo.com Professional Capabilities Comprehensive urban planning; urban design; land use planning; historic area conservation; project management; new community planning; geographic information systems. Academic Preparation 1963 1959 1954 Master of Architecture in Urban Design, Harvard University, Cambridge, Mass. Bachelor of Architecture, North Carolina State University, Raleigh, North Carolina Bachelor of Arts (cum laude), Princeton University, Princeton, New Jersey Professional Experience As a planning consultant and advisor, Professor Noe's international clients have included the City of Istanbul (metropolitan planning); various government organizations in Greece (university and industrial area planning); P.T. Bumi Serpong Damai, Jakarta, Indonesia (new city planning; corporate development plan). In the U.S. he has most recently served as a member of Collier County, Florida's Select Committee on Community Character. Previously he has served as director of physical planning on a projected new town in Appalachia; as responsible partner for various~rojects involving commercial area renewal, university planning, historic and natural area conservation, development of urban geographic information systems, and planning assistance to Iow income communities. Before moving to Naples, Noe had a leading role in Cincinnati, Ohio in the development of environmental quality and housing legislation. He chaired a commission which drafted and successfully lobbied the passage of that city's first comprehensive historic preservation legislation ordinance, and secured on-going funding for a city agency to administer it. He served as a member of the Cincinnati Planning Commission. In that capacity his primary focus was on a major project to redevelop the city's central waterfront. During his 33 year tenure as Professor of Urban Planning at the University of Cincinnati, Noe taught courses in the various specialized fields identified above. He served twice as acting department head or school director. He has also served as coordinator of the graduate program in community planning, was a founding co-director of the university's Joint Center for Geographic Information Systems and Spatial Analysis, and was instrumental in the inauguration of the university's interdisciplinary program in historic preservation. Professor Noe has held three Senior Fulbright-Hays Awards, fellowships from the Indo-US Sub- Commission on Education and Culture, and from the Kingdom of Saudi Arabia. He has lectured at various universities, conferences and to public audiences in the United States, Indonesia, Japan, India, Pakistan, Saudi Arabia, Turkey, Brazil, Greece and Yugoslavia. Professor Noe is listed in Who's Who in America. Publications In addition to numerous project planning reports, Noe has contributed many articles to such joumals as Ekistics, Third World Planning Review, Journal of Developing Areas, International Journal for Housing Science and its Applications, Studies in Comparative International Development, Design (Indial, Journal of the India InternationalCentre, Urbanism Past and Present, and Progressive Architecture. Memberships American Planning Association American Institute of Certified Planners Professional Registration 1964... Holder of certificate from the National Council of Architectural Registration Boards 2 rine v From: pochopin_p Sent: Thursday, July 19, 2001 2:29 PM To: tine v Subject: FW.:-Sma rt Growth Val, I received attached back from Sue as she is on vacation. Can you take care of this for me. Thanks Pat ---Original Message---- From: pochopin_p Sent: Thursday, July 19, 2001 2:27 PM To: filson s Subject: Sma~'Growth smart growth.doc Sue, I am interested on serving on the Smart Growth Committee, your fax line has been busy so I am e- mailing you, hope you donor mind. Thanks Pat Patricia Pochopin 4516 Parrot Avenue Naples, FL 34104 July 19, 2001 Collier County Board of County Commissioners Administration Building 3301 Tamiami Trail East Naples, FL 34112 Reference: Smart Growth Committee Attention: Commission Chairman Dr. James Carter Dear Dr. Carter, I am interested in serving on the Smart Growth Committee. As a resident of Collier County and an officer for the Flamingo Estates Civic Association I feel my qualification are such that I can make a contribution to this Committee as wel! as to my neighbors and the Count5.'. I would appreciate it if you would consider my application to serve on this committee. Thank you, Patricia Pochopin Cc: Commissioner Henning Commissioner Coletta Commissioner Mac'Kie Commissioner Fiala AGENDA ~TEM July ! 0, 2001 JUL ! i 200! Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples Florida 34112 ,,oun~2 Commissioners Dear Ms. Filson: Please accept this letter as my application for the Community Character / Smart Growth Advisory Committee. I am currently an appointed member on two County Committees, the Rural Fringe Committee and the Rural Lands Committee. As these Committees are of a similar nature. I would prefer to resign fi.om the Rural Fringe Committee in order to serve on the Smart Growth Advisory Committee. As a founding member of the Steering Committee for the newly formed Collier Smart Growth Task Force, I feel I would be able to bring some consistency to the Community Character / Smart Growth Advisory Committee by serving on both. AS requested, enclosed is a current bio. i look iorward to continuing to serve me community on this Community Character / Smart Grov~h Advisory Committee. Sincerely, Kathy Prosser President and CEO enclosure Leading the challenge to protect and sustain Soudm'est Florida's natural environment. KATHY PROSSER - President and CEO Kathy Prosser has been president and CEO of The Conservancy of Southwest Flodda since December 2000. She serves on Collier County's Rural Fdnge and Rural Lands Committees, and is a founding member of Flodda Gulf Coast University's Environmental Stewardship Advisory Council. A seasoned environmentalist, Prosser has nearly 20 years experience in top- level positions for key organizations around the country. Before coming to Florida, she was president and CEO of the Keystone Center, an environmental dispute resolution organization in Keystone, Colorado. Pdor to that, she served as U.S. Secretary of the International Joint Committee. From 1989- 1996, Prosser was at the helm of the Indiana Department of the Environment as commissioner, and from 1988 - 1989, she was deputy commissioner for the Massachusetts Department of the Environment. Prosser spent 12 years working for Senator John Glenn, the last two as his chief of staff. Prosser holds a master's degree in Public Administration from Harvard University and is the recipient of numerous national awards including being named Governing Magazine's "Outstanding Public Official of the Year" in 1996. .o. _ q 1+ .- Leading the challenge to protect and sustain Southwest Florida's natural environment. JUL 0 200i July 1, 2001 Mrs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tarniami Trail East Naples, FL 34112 Re: Community Character/Smart Growth Advisory Committee Dear Mrs. Filson: This is my application for membership in the above listed committee which was established by Ordinance No. 2001-41. I am a retired IRS executive and full-time Collier resident for the past 13 years. During that time I have been on the board or an officer in numerous civic or community organizations. Those which are directly related to growth and community planning are: Greater Naples Civic Association (also president for two terms) Focus. the precursor of the Community Character Committee (also executive v-president) Naples City Planning Board for 6 years (also c~) Community Character Committee (also chairman) My address is shown above and my telephone number is 434-7340, ext 15 (da.vtime) & 649-7926 (evenings). Sincerely, July 11, 2001 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 jUL 2 200 RE: Application for The Commumty Character/Smart Growth Advisory Commiuee Dear Ms. Filson and Selection Committee Members: It is my pleasure to submit my resume for the position of The Community Character/Smart Growth Advisory Committee. I feel my 20 years experience as a Registered Architect gives me the unique background needed to assist in the implementation of Collier Coun~"s Groa~ Management Plan, Land Development Code and other smart growth concepts. I have been a resident in District III of Collier County for three (3) years and am very interested in committing the time and effort to assist the Collier County Board of Commissioners. I would be honored to be selected to service the Board of County Commissioners and look forward to hearing from you. Sincerely, Jams W. Waterman 959 Fountain Run Naples, FL 34119 348-9253 James Waterman, AIA 959 Fountain Run Naples, FL 34119 348-9253 Application for The Community Character/Smart Growth Advisory Committee SUMMARY I am a Collier County resident and a licensed Florida Architect with over 20 years experience in all areas of design, project managctnent and construction administration. I have been a resident of Collier County for three (3) years and am very interested in being appointed to The Community Character/Smart Growth Advisory Committee. I feel my educational background, as well as my background in all areas of architecture, bring~ a wealth of knowledge to thc Committee. I am interested in thc continued growth of Collier County and have the time necessary to devote to this BoarcL My experience includes: I recently joined SCllENKELSHULTZ Architects as an Associate and Project Manager. My responsibilities include Project Management and Construction Admini.qmtion for both the Ft. Myers and Naples offices. 2000-2001 Robert Herrmann Architect, 1100 Sixth Avenue South, Naples, FL My responsibilities included Director of Production and Construction Admimstration for a variety of project types including offices, medical, restaurant and residential high-rise construction~ 1998-2000 Architectural Network, Inc., 837 Fifth Avenue South, Suite 202, Naples, FL Construction Administration for a $50 Million high-risc, The St. Raphael in Pelican Bay, Naples, Florida. 1997-1998 DLR Group-Lescher and Mahoney, 601 West Swann Avenue, Tampa, FL Project Manager/Construction Administrator position. Head of Construction Admimstmtion with architects and technical staffunder my supervision Primary task was to administer a $70 Million baseball stadium/multipurpose facility for the City. of St. Petersburg~ 1996 Jacksonville Jaguars Ltd, One Stadium Place, Jacksonville, FL Owner's representation position. Initiated design proposals, prepared documems for construction, obtained pricing from contractors, and supervised completion of construction projects throughout thc Jacksonville Jaguars Stadium. ConstmcUon observation for the completion of the original contract for the construction, representing the owner's interest. 1993-1995 Hellmuth Obata and Kaaabaum, Inc. Sports Facilities Group, 323 W. 8th Street, Suite 700, Kansas city, Missouri On-site construction administrator for the new stadium for thc City of Jacksonville and the Jacksonville Jaguars NFL franchise. Duties were diverse concerning the day-to-day administration ora $130,000,000 football stadium and a very aggressive construction schedule. In addition, I was Senior Project Architect for 2 arena projects: Denver Nuggets and the Mianu Heat NBA franchise. 1992-199:} Sandi Consolidated Engineering Company, A! Khobar, Sa~di Arabia Project Manager position for various Saudi Aramco projects. Instrumental in the preparation of project proposal documcnts to establish design and internal funding for Aramco construction projects. Supervised a culturally diverse group ofamhitects and engineers. 1992 The Schemmer Associates, 1044 North llSth Street, Omaha, Nebraska Project Manager/Architect. Team member for thc U.S. Postal Service projects. Surveys of existing construction conditions for rehabilitation projects. Coordination with professional consultants. 1988-1991 City, ~ Project Manager. Aided in business developmem and participated in competitive interviews. Prepar~ documents and cost e~timates. Responsible for thc design development phase and the transition documents phase on various project types. Prepared and supervised the production of constru~on drawin Howard Needles Tammen and BergendoffAmhiaxts Engineers and P~anners, 1201 Walnut Street, Kansas nchematic, ci~ni ~rn _ , 959 Fountain Run Naples, ICL 34119 James Waterman, AIA 34g-9253 KDUCATION: Kansas State University, Bachelor of Architecture Black Hawk College, Associate in Business Admlni.~ration Specific Project Experience Includes: The School District of Collier County, Naples, Florida. Conslxuction Administrator for the $14 Million office building. Cape Coral Library Expansion, Cape Coral, Florida. Construction Admini.gtrator for thc $4.2 Million h'orary expansion for Lec County Government. Tropicana Field Remodel, St. Petersburg, Florida. Construction Administrator for the remodel of an existing indoor baseball and multipurpose facilit3'. "ALLTEL' Stadium, Jacksonville, Florida Full time? on-site, construction administrator for this $130,000,000 project. Schematic Design Services for the Miami Heat and Denver Nuggets Arena, NBA Franchise. Senior project architect for thc schematic design for these two arenas. Omaha Nebraska City H',dl and Police Headquarters, Omaha, Nebraska. Project Manager/Architect for the rehabilitation of this project, cost was $1,000,000. Fire Station Headquarters and Training Facility, for the City of Lenexa, Kansas. Project Arehitect for this $1.2 million project. State of California Prototy~ical Prison Design, Palm Springs, California. Project Manager for this $20,000,000 project. Interiors Build-Out Project for Centr',tl States, Rosemont, Illinois. Project Manager/Construction Administrator for this $9,000,000 project. Terminal 'A' Parking Structure for the Kansas City International Airport. Project Manager for this $6.000.000 proj ,, County Jail and Sheriff's Headquarters for Johnson County, Ka~aas.'-~roject Manager for this $13,000.000 project which also included a secured underground access to the courts. Various Interiors projects for HNTB in Kansas City, Missouri. Project Manager/Architect for various interiors projects includeck graphics, office remodels, custom millworkffurmture, and associated space planning. World Savings and Loan Association, Leawood, 'Kansas. Project Architect for this 4,200 sq. ft. branch office. Commercial Photography Studio, Kansas City, Missouri, Project Architect for this renovation/adaptive reuse of a 73 year old fire station into a photography studio. Executive Hills Office Building, Overland Park, Kansas. Project architect for Building 36, a two-story, core and shell office A. Zahner Sheetmetal Company, Kansas City, Missouri. Project Architect for this 45,000 sfmanufacturing facility, and associated offices. Opti-Copy, Inc., Corporate Headquarters. Project Architect for this 25,000 sf manufacturing and office addition/S700,000. Application for Adviso_v~ Committees/Boards Collier County Board of Commissioners jLiL, 'i '- 200'! aa01 F~ast T-mi.mi Trail Naph~ FL 34112 (941) 774-8097 ~r~ 0~~' ~Uf~' ~0~.~'i~,0i~~ Fax: (941) 774-3602 Board or Committee Applled for:~ ~~__~L~~~~~ ~ Category (if applicable): Are you a registered voter in Coltier County: Yes ~ Do you currently hold public office? Yes No No Do you now serve, or have you ever served, on a Col~er County board or committee? Ye~ Ifyek pleale list the commi~: No V list your community activi~ (civic dubs, neighborhood associations, ~jc_ and positions held: Education: Cou~ ~, $3~I E~ Tamiaml Trail, Naples, FL 34112. If you wisk plea~ f~ s~p~ to (941) 774.-$6~2 tn, ~ to Gordon R. Watson Gordon Watson moved to Naples, Florida and started a financial consulting business, Omega Financial Group, in 1996. He is a graduate of the Collier County Leadership Masters Program in 1998; a Board member of One Core Financial Network, Inc. (Boston) and Advisortech Corp. Inc., (San Francisco and Tokyo); member of the Community Foundation of Collier County Board of Trustees: past president and member of the Board of Directors of the Greater Naples Civic Association; presiclent and Board Member of Concerned Citizens for Responsible Government; a Board member of the Forum Club; and a members of the Economic Development Council Chairman's Circle. Mr. Watson, who retired from Fidelity Investments (Boston) in June 1996, was President of the Fidelity Brokerage Group and a member of the Operating Committee for Fidelity Management & Research Corp., reporting to Fidelity's Chairman, Edward C. Johnson III. He had responsibility for six Fidelity companies; Fidelity Capital Markets, National Financial Correspondent Services (U.S.), Global Brokerage Services (U.K.), Fidelity Investment Advisor Group (U.S.), Fidelity Brokerage Services (U.K.) and Fidelity Brokerage Technologies Group (U.S.). Mr. Watson joined Fidelity in 1986 as Senior Vice President and National Sales Manager for Fidelity's Institutional Services. In 1987, he was promoted to President of National Financial Institutional Services. He assumed his most recent post in 1990 and formed Fidelity Brokerage Group in 1991. Before coming to Fidelity, Mr. Watson spent sixteen years at Merrill Lynch, where he held various management positions, including Managing Director of Capital Markets and Executive Vice President of Merritt-Lynch Mortgage Capital Inc. His prior responsibilities included various investment banking and trading responsibilities within Merrill Lynch's Capital Market Group Mr. Watson, prior to moving to Naples, completed two terms on the Securities Industry Association Board of Directors and a two year term as Chairman of the S.I.A.'s National Committee on Public Trust & Confidence. He also recently completed a four-year term as a member of the Board of Trustees on the Newton-Wellesley Hospital with special focus on the finance and investment committees. He was appointed to a five-year term as Trustee of the Massachusetts Eye & Ear Infirmary in June 1996. Gordon has also served on Boards of the World Affairs Council of Boston and the Rivers Country Day School. He is past Chairman and founding member of the Government Guaranteed Loan Dealers Association. Gordon and his wife, Mart,, phr~retfoO~aCkhi inl:r~h~?rd;~mdabr~erensPi~er'tntciem~nr~ii~t~N-rD~ in Naples for several years Donna Raja Distdct 1 James D. Carter, Ph.D. District 2 Tom Henning District 3 Pamela S. Mac'Kie Distdct 4 Jim Coletta Distnct 5 3301 East Tamiami Trail · Naples, I=lodda 34112-4977 (941) 774-8097 · Fax (941) 774-3602 July 13,2001 Mr. Gordon R. Watson 2621 Windward Way Naples, FL 34103 RE: Community Character/Smart Growth Advisory Committee Dear Mr. Watson: Thank you very much for your letter that I received in my office on July 12, 2001, requesting consideration for appointment to the Community Character/Smart Growth Advisory Committee. I appreciate your taking the time to write and express your interest in serving in a volunteer capaciL' for Collier County Government. I am forwarding your letter and resume onto Ms. Sue Filson, Administrative Assistant to the BCC, as she is the person that accepts applications for Advisory. Boards. I am also enclosing an application, wifich I reconnncnd you fill out and r~.tum to M~. Fil~on. here at the Board of CounW Commissioners office. I will certainly consider you when this item comes beforelhe Board of Coun~ Commissioners. Once again, thank you for your interest. IfI may be of assistance to you in the future, please do not hesitate to contact my office. Sincerely, ~ ~ ,../ Commissioner, District 5 JC: nkr Enclosure: Advisory Committee Application cc: Ms. Sue Filson, Adminisa'ative Assistant The Honorable Jim Coletta County Commission Collier County Government Center 3301 Tamiami Trail East Naples, Fl. 34112 Dear Commissioner Coletta: Recently Jim Rideoutte wrote you a letter indicating his recommendations to serve on the new Community Character/Smart Growth Advisory Committee. Along with six members of the original Community Character Committee, Jim has recommended that I be appointed to join the new Advisory Committee. I would like to make it clear that, if asked, I will be pleased and honored to serve on this new committee. I have been directly or indirectly involved in this very important initiative since the earliest concept discussions when 1 was serving as President of the Greater Naples Civic Association. I strongly believe that implementation~fthe growth management plan is the single most important issue facing Collier Couflty and I would be pleased to do my part in helping to council the County Commission in the many decisions that will be made to make the potential of the plan become a realiD'. Enclosed is a copy of my resume for your review. I look forward to the possibility of being a part of the Smart Growth Advisory Committee and providing the County Commission balanced advise to assist in making decisions that are guided by the Growth Plan. Gordon R. Wat~ Spouth ern July 10, 2001 Sue Filson Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Mrs. Filson: RECEIVED JUL f i 200 I am very interested in serving on one or several of Collier County's advisory committees. My varied background could prove useful to these committees and the coun~ as a whole. You will find my resume attached. Please accept this letter and my resume as my application to serve on one or more of the following boards: Airport Authority Community Character/Smart Growth Advisory Committee Housing Finance Authority Workforce Housing Advisory. Committee It would be an honor to serve our community. Please call me at 254-7744 if I can answer any questions. ~incerely, ITEM AGEN~DA No. . 9021 Bonita Beach Road · Bonita Springs, Florida 54135 · Telephone (941) 949-6300 · Fax (941) 949-6521 5475 Airport Road, N. · Naples, Florida 34109 · Telepl3one (941) 254-7744 · Fax (941) 254-7773 Bill West 5703 Drummond Way -'~Taples, Florida 34119 Summary of Qualifications Work (941) 254-7744 Home (941) 513-0941 Cell (941) 404-9529 E-mail: ahomerun~aol.com D Cross-functional business manager with experience in general management/strategy, finance, marketing, operations, risk management, e-commerce, transportation and logistics. [] Financial responsibilities have included credit sales and underwriting; operational accounting; portfolio management; collections; bankruptcy and problem loan workout; consumer lending; residential and commercial mortgage lending; equipment lending and leasing; and accounts receivable financing. ~ Responsible for a $29,000,000 portfolio of complex financial relationships. [] Excellent understanding of business, banking and the economy. Thorough knowledge of financial statements and accounting practices. ,2 Sound credit judgment. Managed a team that doubled consumer leans outstanding in one year while maintaining excellent delinquency control. Coached this team in the successful recove~ of significant previously "charged otT' account balances. [] Excellent organizational and time management skills. Able to quickly collect and use information to make sound decisions. I enjoy managing simultaneous complex tasks. WI Excellent written and oral communication skills. Effective at group and individual presentations. ~1 Numerous awards for leadership and job performance. MBA Student of the Year. Awarded Navy Achievement Medal by the Secreta~ of the Navy for outstanding leadership. Distinguished ~aduate United States Marine Corps Logistics School. Professional Experience 2001to present 1999to 2001 1996-1999 1994-1996 Education Vice President, Southern Community Bank Commercial Lender, SouthTrust~-Bank Manager/Owner, US One Equipment Finance Mortgage Banker, Bank of Boston 2001 1996 1993 1989 MBA, Finance Dean's List/MBA Student of the Year/4. 0 GPA BA, Organizational Management 3.25 GPA AA, Management of Financial Institutions Dean's List/Honor Student/3. 33 GPA International Studies Military. Service United States Marine Corps Logistics Manager - Responsibilities included international airfreight and passenger terminal operations, aircraft load planning, hazardous material certification, customs preparation and intermodal-cargo transfer. Excellent Personal and Professional References International College Naples, Florida Warner Southern College Lake Wales, Florida Brevard Community qmie~a~' Melbourne, Florida [ N~'~.~__~?~'~''~' University of Marylan~ - Okinawa, Japan Bill West 5703 Drummond Way Naples, Florida 34119 Professional Education Phone (941) 513-0941 Cell (941) 404-9529 E-mail: ahomerun~aol, corn Commercial Lending Diploma Expected Completion October 2001 Supervisory Skills Certificate February 2000 Financial Statement Analysis February 2000 Introduction to SBA Lending July 1999 Certified Leasing Professional Academy October 1998 American Institute of Banking American Institute of Banking Robert Morris & Associates U.S. Small Business Administration United Association of Equipment Lessors Bill West 5703 Drummond Way --~laples, Florida 34119 Cur-cent & Previous Community Leadership Positions Gulf Coast Venture Forum Founding Director Investor Liaison Entrepreneur Coordinator Certified Development Company Of Southwest Florida Board of Directors Loan Committee Economic Development Commission Of Collier County. Business Retention and Recruitment Committee Manufacturer's Roundtable Health Technology Roundtable Florida Gulf Coast University Small Business Development Center ~aiolunteer .~structor Kiwanis Club of Naples Board of Directors V :4umccr Space Coast W'orld Trade Council Board of Directors Seminar Coordinator Sebastian River Area Chamber of Commerce Board of Directors Fundraising Chairman Volunteer Brevard Business Connection Founding President Treasurer Phone (941) 513-0941 Cell (941) 404-9529 E-mail: ahomerun~,aol, corn Melbourne Area Association of Realtors Time Management Instructor Affiliates Committee Chairman Women's Council of Realtors Seminar Sponsor Golf Tournament Sponsor Affiliate of the Year Legislative Affairs Community Affairs Education Honor Society Recipient Economic Development Commission of the Space Coast Volunteer Finance Specialist Home Builders and Contractors Association of Brevard Seminar Coordinator Sales and Marketing Council Volunteer · ~hamocr of Commccct Mclbr, urnc/Palm Bay" '-' Industrial Development Council Le~_ads Club Ifigtructor Melbourne High School Academy of Business and Finance Personal Finance Instructor Palm Bay Professional Network Founding Member Business Network International Vice President 07/03/01 13:34 8513 261 3849 ~] 001/003 PAULICH, SLACK & WOLFF, P.A. ATTOKNrEYS AT LAW 801 ANCHOR RODE DRIVE, SUITE 203 NAPLES, FLORIDA 34103 TELEPHONE (941) 261-0544 TEL.ECOPIER (941) 261-3849 FACSIMII.E TRANSMISSION JUL G 3 200; THIS FACSI/ffrLE CONTAINS PRIVILEGED AND CONFIDENTLM, INFORMATION INTENDED ONLY FOR THE USE OF THE PERSON NAMED. IF THE ~ER OF THE FACSIMILE IS NOT THE INTENDED RECIPIENT OR THE EMPLO~ OR AGENT RF_~PONSIBLE FOR DELIVERING lq" TO TILE INTENDED RECIPIENT, YOU ARE I--[ERE~Y NOTI/qED THAT ANY DISSEMINATION OR COPYLNG OF THIS FACSIMILE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS FACSIMILE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE (YOU MAY CALL COLLECT) AND RETURN THE ORIG~IAL FACSIMILE TO US AT THE ABOVE ADDRESS BY REGULAR MAIL OR CONTACT US TO MAKE OTHER ARRANGES AT OUR EXPENSE. THANK YOU. TO: Sue Filson, Administrative Assistant OF: Board of County Commissioners FAX/t: 774-3602 No. oF 'cs. 3 (includes cover) FROM: Casey Wolff, Esq. PAULICH, SLACK & WOLFF'. P.A. FAXg: (941) 261-3849 TELEPHONE: (941) 261-0544 (x 206) E-MAIl,: caseywolff~earthlink.net ADDITIONAL MESSAGES: 13:34 '~*813 26l 3849 P S & W ~002/003 07/03/01 PAULICH, SLACK & WOLFF, P.A. Attorneys at Law VIA FACSIMILE 774-3602 3 July 2001 Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail E. Naples, Florida 34112 Re: The Community. Character/Smart Growth Advisory Committee Dear Sue: I am enclosing my curriculum vitae and throwing my hat in the ring for appointment to the Community Character Advisory Committee. I believe I fall into the category, for one of the eight community leader slots available. Please let me know what my next step will be. As always, many thanks for all of your help. Very lxuly yours, PAULICH, SLACK & WOLFF, P.A. Casey Wolff CW:mes enc. cc: Pam Mac'Kie CASEY WOLFF Admitted in Florida and Pennsylvania 801 Anchor Rode Drive, Suite 203 · Naples, Florida 34103 941-261-0544 · Fax 941-261 - 3849 E-mail: caseywolff~earthlink.net 07/03/01 13:35 ~'~813 261 3849 P S & W ~003/003 pROFESSION: CASEY WOLFF, ESO. Paul]ch, Slack & Wolff, P.A. 801 Anchor Rode Drive, Suite 203 Naples, Florida 34103 (941) 261-0544 (x-206) FAX: (941) 261-3849 email: caseywolff~carthlink.net .Attorney and Counselor at Law: Admitted to the Bar: Supreme Court of Pennsylvania. 1978; Supreme Court of Florida, 1990; United States District Court for the Western District of Pennsylvania, 1978; United States Tax Court, 1986 and United States District Court, 1992. PRACTICE: PROFESSIONAL EXPERIENCE: PROFESSIONAL ASSOCIATIONS: DIRECTORSI:[IPS EDUCATION: Areas of Practice: Immigration, naturalization and international transactions; commercial real estate; corporate organizations and business practice. Paulich, Slack & Wolff, P.A., Naples, Florida; June 1993 - Present; Shareholder. Five person firm providing a full complement of legal services. Willis. Wilson & Buckel, Naples, Florida, Nov. 1992-May 1993; Of counsel. Four person firm practicing in areas of commercial and residential real estate, corporations, estate plannhag, probate and civil litigation. Grady & Associates, L.P.A., Naples, Florida, 1992-1993; Of counsel. Five person firm practicing in the areas of securities arbitration and litigation, real estate, commercial transactions and corporate f'mance. _Law Offices of Casev Wolff, Pittsburgh. Pennsylvania. I978-~ 992 Founder 0¢ thrv~. person law firm practicing in the areas of commercial and residential real estate. corporate transactions, business organizations, immigration and cMl litigation. American Arbitration Association: "Member, Panel of Arbitrators. Member: The Florida Bar Association (Real Property, Probate and Trust Section), Collier County. Bar Association (Real Estate Section), American Bar Association (International Law Section), American Immigration Lawyers Association, Pennsylvania Bar Association and Allegheny County (PA) Bar Association. Princeton Alumni Association of Western PA, Pittsburgh, PA, 1986-1992. St. Matthew's House (Task Force for the Homelexs), Naples, FL, 1993-Present. Southwest Florida Land Preservation Trust, Naples, FL, 1996-1999. Affordable Housing Commission, Collier Co., FL, 1997-1999. Economic Development Council Collier Co., FL Member, International Business Section, 1997-Present. Leadershi/) Coil.let, Collier Co., FL, Class of 1999. Collier County Ethics Standards & Review Committee, Vice Chairman, 1998. lmmokalee Regional Airport Advisory Board, Collier Co., FL, 199~( - . _ AGENDA ITEM J.D. University of Pittsburgh, School of Law, Pittsburgh, PA, 1978 NO. ~ A.B. Princeton University, Princeton, N.J., Biology, 1970. RECEIVED 1112 Trail Terrace Drive Naples FL 34103 941/403-9992 mxvolok, ~ peganct.com JUL 2 0 200 80ard of Count,,,~ Coma~ss~or~e~-.~ 15 July 2001 Board of Collier County Commissioners Attention: Sue Filson 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Community Character/Smart Growth Advisor7 Committee Honorable Commissioners: I am interested in applying to be a member of the Community Character/Smart Growth Advisory Committee. As a member of the Select Committee on Community Character, I was particularly impressed with the group's respect for one another and the care members took to ensure that the community was served to the fullest extent possible. It would be an honor to again serve on the committee as a Collier County citizen to help shape our county's ~rowth smartly. I believe that my experience as a real estate attorney, my training as a ~vildlife biologist and my knowledge of land planning issues would be an asset to the Committee. Enclosed is my resume. Thank you for your cohsideration. Sincerely, Mimi S. Wolok Miriam S. Wolok Work Experience 1112 Trail Terrace Drive, Naples, Florida 34103 941/403-9992; mwolok@peganet.com Staff Attorney for The Conservancy of Southwest Florida, Naples, Florida, representing the 5,800- member non-profit organization in land transactions and land trust activities, stewardship and land management, environmental law, policy initiatives, fundraising and organizational legal matters. Responsibilities included coordinating a county land acquisition referendum campaign, organizing and conducting field stewardship activities, leading local growth management initiatives, hosting the 2001 Florida Land Trust Conference, and working with the state land acquisition program; July 1999-July 2001. Adiunct Professor of Environmental Law at Florida Gulf Coast University; Fall 2000. Attorney, of counsel to Stead & Heath in Oklahoma City, practicing general civil litigation, environmental, oil 8,: gas, real property and bankruptcy law; March-July 1999. Attorney with Howick & Associates, O'klahoma City, practicing general and commercial litigation, bankruptcies, employment law and real property law; March 1998-February 1999. Sole practitioner, focusing on environmental and administrative law; 1997-February 1998. Staff Attorney at Institute of Public Law, University of New Mexico. Duties included editing Wildlife Lcm' News Quarterly, co-authoring environmental impact statement for U.S. Department of Interior, fund raising and conference organizing; Mav 1993-August 1995 (-Dec. 1998 as editor of Quarterly). Field Biologist, studying sexual selection in lizards, Gal~pagos Islands, Ecuador; JanuaD'-May 1993. Author of publication on state poaching laws for Center for Wildlife Law. under grant from Dodge Foundation; May-August 1992. Researcher on metal ecotoxicology for CERCLA assdssments, Los Alamos National Laboratories. U.S. Department of Energy; May-September 1992 Author, treatise on the constitutionality of hunter harassment statutes, for International Association of Fish and Wildlife Agencies; May-August 1991. Tutor, legal writing class for law students at University of New Mexico School of Law; 1990. Law Clerk in Legal Division of New Mexico State Engineer Office, Santa Fe; 1990. Policy Associate for The Wildlife Society in Washington, D.C., preparing congressional testimony, attending hearings and writing for membership publication; 1989. Field Biologist for Israel Raptor Information Center, Jerusalem; August-November 1988. Field Biologist, studying avian selection at Clemson University, South Carolina; March-AugUst Miriam S. Wolok .ducation 1992 1987 J.D., University of New Mexico School of Law, Albuquerque; Honor Roll, 1990-92 Editor, Natural Resources Journal. B.S. in Forest Resources and Conservation, University of Florida, Gainesville. Memberships Florida Bar Association, since 2000 (Environmental & Land Use Law Section) Collier County Bar Association, since 2000 (Women's Bar and Real Estate Sections) FL Gulf Coast Univ. External Rel. Council, 2001 New Mexico Bar Association, since 1992 Oklahoma Title Examination Standards Committee U.S. District Court, ED, ND, WD Oklahoma OKC Real Property Lawyers Association, 1998 Society for Conservation Biology, since 1994 Certified Associate Wildlife Biologist, since 1989 UNM Environmental Law Society, founder Selected committee and volunteer activities Collier County Conservation Lands Committee 2001 Select Committee on Community Character, Collier County Florida, appointed 2000 Conservation 2020 Management Sub-committee, Lee County Florida, appointed 2000 Editor, Title Examination Standards Handbook 1999 Casenote Editor, Oklahoma Bar Association Real Property Section Newsletter 1998-99 Chair, Teaming with Wildlife, Oklahoma Chapter of The Wildlife Society 1996-99 The wonder of the Gakipagos Islands: Slide presentations to elementary and middle school classes Publications & Presentations Host. 2001 Florida Land Trust Conference. Naples Moderator lbr panel on due diligence, speaker on title exarmnaI~ons. Speaker at the Collier County. Bar Association. Real Estate Section. Conservation Easements tn Florida: Do The5' Work? May 2001. Wolo 'k. M In prep. The problem with piping plovers. Fl°nda Bar Assoc., Emil. & Land Use Law Section Newsletter. Lecturer at the League of Women Voters, Programs in land acquisition consen'ation in Collier County, Florida. Januar3. 2001. Wolok, M. In press. Experimental populations. In Endangered Species Wololc M.S 1999. Comervation Easements in Oklahoma. Paper and presentation given at .April meeting of OKC Real Property La'a3'ers .~qsociaUon. Wolok, M.S. 1998. A Mentorship Success Story. 69 Oklahoma Bar Journal 3198. Wolok, M.S. In press. Teaming with Wildlife: The legal response to critics. Guest lecturer on Careers in Communication and Chemistry, UniversiD, of Central Oklahoma. Oclober 1996 and 1997. Hobbies Swimming, hiking, kayaking Wolok. MS. 1996. Experimenting ~ith experimental populations 2t, Environmental La'* Reporter 10018 L'.S. F~h and Wildlife Sen, ice. 1996. Environmental impact statement on re- establishment of the Mexican wolf in the southwestern United States. Wololq M. 1995. Advocacy versus mience: The Calitbrnia coastal gnatcatcher Wildlife Society. Bulletin 23:324. Guest lecturer in Conservation Biology, Univemity of New Mexico. October 1994. Organizer and moderator. Putting the science into wildlife policy. Panel symposium at The Wildlife Society. fa'st annual conference. September 1994. Tl~'d Annual Monsanto Lecture Series (two lectures): Development of an environmental center and your enwronmental career. Current issues in wildlit~: protection and the Endangered Species Act April 1994. Wolok, M., S. Parker, R.S. Musgrave. 1993. The status of poaching m the United States: Are we protecting our wildlife? 33 Natural Resources Journal 977-1014. Cormnent 1992. Standing for environmemal groups: Procedural injury, as inju.D.' in fact 32 Natural Resources Journal 163-193. Wolok, M. 1991. The constitutionaliw and consistency of hunter harassment statutes. International ,amsociation of Fish an~ife .-X.g.eg,ci~~ AGEN~[TEM _D MEMORANDUM DATE: TO: FROM: July 25,2001 Stan Litsinger, Comprehensive Planning/~ Mffnager Sue Filson, Administrative Assist ~ml~ ~ , Board of County Commissioners ~ · ' Community. Character/Smart Growth Advisorv Committee As you know, we currently have vacancies on the above-referenced advisow committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Kathleen Curatolo 7649 San Sebastian Way Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory, committee within the 41 day time-frame, and I will prepare an executive summary, for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for vour attention to this matter. SF Attachments PHONE NO. ; .T~n. 05 2001 07:05PM PI~-'~/ Attention: From: Re: Mrs. Sue Filson (Fax: 774-3602) Kathleen Curatolo Community Character/Smart Growth Advisory Committee Mrs. Filson, I am interested in applying to participate on the above mentioned committee. Attached for review is a copy of my resume. Thank you for your assistance. FROM : ~HONE NO~ : Jan. 0~ ~1 O?~O~PM P2 KATHLEEN CURATOLO 7649 San Sebastian Way Naples, Florida 34109 Home: (941) 514-2172 Office: (941) 594-8847 Fax: (941) 594-5735 E-mail: kac uratolo(~p rodigy.net PROFESSIONAL EXPERIENCE .EP(tS~UTIVE DIRECTOR 1998-present American Specialty Contractors of Florida Managing Coordinator: Masonry AssociaUon of Florida, SW Chapter Naples, Florida Responsibilities: Foster and promote professionalism and ethical business practices among members. Develop continuing education programs and social activities. Monitor legislative issues. Includes resource development, personnel management, proposal writing, volunteer coordination, membership solicitaflor~. Manage Masonry Apprenticeship Program including hiring/training teachers and interpreters, curriculum development and administration of state awarded grant. EXECUTIVE OIRECTOR 1987-t997 Niagara Frontier Industry Education Council Buffalo, New York Responsibilities: To foster, promote, research and initiate partnership activities between business, industry, oovernmenL, and education throu~ohout the WNY reg._ion. Includes resource development, personnel management, proposal writing, volunteer coordination, membership solicitation. Directing programsJservices such as community forum meetings, a regional career fair. maintaining a resource bank of research material for use by members, and consulting services assisting members develop partnership initiatives. ~- EDUCATION Leadership Initiative for Tomorrow's Schools Post-Graduate Studies/Certification in School District Administration, SUNY at Buffalo 1996 M~A. in English, SUNY College at Buffalo, New York 1984 B.A. in English, Daemen College, Buffalo, New York 1974 Additional Training: Leadershil3 _Cell[er_: Class of 2000 Leadership Buffalo: Class of 1993 I Pr~__essi_onal Develo_~ment: I.O.E.A. Facilitafl3r Training Ciaburri Training for Shared Decision Making! AGENDA ITEM Creating Quality Cultures Facilitating Change Collaborafively Shared Decision Making in an Total Quality Management FROM : PHONE NO. : Jan. 05 2001 07:06PM FI K. Curatoto Resume p. 2 TEACHING EXPERIENCE ~ Stato Certified Continuing Education Course in Quality Management Principles for Con~truotion Indust]7 Adiunct ProfessQl~, Edison Community College Department of English ~_d_lunct professor~, Canisius College School of Education and Human Servioes Ins__q~Z~_E, Niagara Community College Department of English Ad!unc~ professor, Daemon College Depar=.i~ent of Cooperative Education lnstructoJ~, Bryant & Stratl~n Business Institute Women in Business, Veterans' Outreach Program 1999-present 1998 1990-t995 1986 t984-1986 1979-1983 C.OMMUNITY SERVICE BOARD OF DIRECTORS_ AAUW, Naples Chapter, Scholarship Committee Amherst Chamber of Commerce Community Advisory Council, SUNY Buffalo EPIC (Effective Parenting Information for Children) Greater Buffalo Community Quality Council 998-present 992-1994 989-4997 992-1994 199~997 Amherst Chamber, Quality of Lite Committee EPIC, Personnel Committee Leadership Buffalo, Education Committee (co-chair) Resource Allocation Committee, Amhe .ret School District Western New York Women in AdministraUon: "GIRLS MAKING CHOICES," Conference Chair Membership Committee Newsletter Committee Public Relations Committee 1992-1994 1993-1994 1993 4992 1991-1994 1994 1992 1993 1991 PROFESSIONAL AFFILIATIONS American Association of University Women Tempo, Naples Chapter Mentor: Big Brothers/Big Sisters of Collier county 1998-present 1999-present 2000-present AWARDS New York Pathfinder Award in 1996 ~'~[~A ITEM Recipient of' Western Re~ipient Of Villa Maria College Distinguished Service Award in 19~,.3 NO. __~/_/~ REFERENCES PROVIDED UPON REC~UEST MEMORANDUM DATE: TO: FROM: August 6, 2001 Start Litsinger, Comprehensive Planning M,armger Sue Filsoa, Admini.qxative Assista~t~ Board of County Commissioners Community Character/Smart Growth Advisory Committee As you know, we curremly have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Carolyn D. Sparta 5564 Foxhunt Way Naples, FL 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 4t day time-flame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachmems 15:06 941659279! C, Jm,qlC]CVhl c:J{::'~TT~ P~..~E~ 02 ~8/B3/200i 15:86 94i&59279i Go/~3LYN SPATTA P~T.~ ~2 Board of CoumT Commissio~_~ 3301 Tamiami T~ East Napla~, Florida 34112 you for sending ~ a copy of your Press Rv. lease announcing ope~gs for ~ifiom on advisor7 commmees. I ~wn m~s~! in s~k~ ~he ~o1~ of Collier Count% ~ ~ Black Mf-a~ ~ Boazd. I stzon~y beii~-v~ &at ~m ~ for ~ ~le e~ m ~e ~ ~si~ ~t ~s~m ~ ~ ~ eve~ e~m ~~ D.C.), I di~ ~e s~ ~t ~ to ~ for d~l~mg ~ ~~ for ~nw ~s ~ ~o~ &~t. I ~ 08/03/2001 15:86 9416592791 C~YN SPATTA P~:e~. 83 ~-'s. Sue FsJwn Bom.~l oir Coun~7 J'~ 2~, 2001 F..meeSlm~ ~ sez~c~ is isrq~c~ant loc people of all ages ,~ithm a community. ~ a,r~: a li~ti~ of m), ~atx'~i~ aud ~tucation, a d:~rt ~al staurr,.~nt, ard a ~ of a l~u:~ fa:an Dav~ Pot'~ Sutverviso~r Dism~ F'i'~, Mon~ Courtly. If you would lil~ a. more at~l~ ~surm, I ~ ~ ha~ u::, ~Ul:,pty ir. Th~flc 7ou ~'o~ cc~i~s'a~ my ~s fo~ ti)ese openings. AGEI~A_,I~TEM NO. CAROLYN DAVIS ~4 Fmdmm TM 941-~59-2786 Fax 94]~.~9-2791 20~.~ 1992-1994 Fulbr~bt Scholar, ~tivc Ccmsul~ to Umvex-2d Teknologi Mahyma ~r, ~y and Eavirmmmml Smd~, Caliform Sm~ ~ 1984--1992 Viee President, Administra~on tod Business ~ and ~y and Envi~ S~udic~, Cahfomia State Univ~rsio/. Hay~ard. 19~2-19~a 198o-1981 INr~ctor oflnstlfmioml Grnnu and Pro~rmns and of the C0nmdtatioa and Advisor7 S~rvi~, As.socia6c~ of A~ Coi~ (now Asseciati~ of Ame. rican Collegu and Univusities), WashinsM~ D.C. 19/9-1980 1975-1979 D.C. Corporate Secretar~ and Anistnm to th~_~t, Oberlin C, otk~, Oberlin, Ohio. 19~8-19/4 196~1970 1963-1~ EDUCATION C,,otr~hy Ins~uc~r, ScbootcraR College, Li~eni~ Michiga~ ~'.itinl Lecturer, ~ Michigan Umv~rsity, Ypsilanti. Mi~hisaa_ (sm~mc~3) IqLD. M.A. A.B. 08/e3/2001 15:0~ 9416552751 C~¥N ?:~TTA PAGE: 05 CM'olyn D. Spottu, i~D. SS64 lro~b~ Wry, NspJe,, Lqor~ 34104 AGEND_..A ,ITEM NC). ~ MONTEREY COUNTY THE BOARD OF SUPERVISORS 1998 M~. Carolyn Sperm Kaflow, Ph.D. 27161 Prado del Sol Carmel, CA 93923 Dear Caroly~ Thank you for your letter of Marc~ 14*~ Please accopt my ~ies for the delay in reoponding. Unfortunately, due to the ongoing ravages of El Nino, my cOfllapOm:Jor~ has become a liffie delayed. I appreciate your ho~ing our ming with your r~ in Fem. I thought vd had a productive time, and I I'mpe that ~ arc lines of too, for taking minutes and sending ~ to me. Again, I thank you for your(om:em and intema~ ~ ~ti~ng ~ meeting. Please feel free to ~ my office if I can be of any aervice to you. Dave Poller Sul:~"visor, Fifth District EXECUTIVE SUMMARY BRIEF SUMMARY OF SITE VISITS TO SOLID WASTE FACILITIES OBJECTIVE: To give the Board of County Commissioners a brief Summary of site visits to four solid waste facilities by County Staff and County's consultant, Malcolm Pimie, Inc. CONSIDERATION: The Board directed staff to investigate several promising solid waste technologies based on information provided from the Report on Request for Additional Information for long-term and complementary solid waste assessment presented to the Board on June 26, 2001. G. George Yilmaz, Solid Waste Management Director; and Rob French, Malcolm Pirnie, Inc. consultant, visited the following sites: FERCO Facility in Burlington, Vermont on 8/01/01 and Canada Composting, Inc. in Newmarket, Ontario, Canada, 8/03/01. Commissioner Jim Coletta, Jim Mudd, Public Utilities Administrator, and George Yilmaz; visited the Brightstar Environmental facility in Woolongong, NSW, Australia on 8/20-21/01, and the Biodiesel Plant facility in Honolulu, Hawaii, on 8/22-23/01. FISCAL IMPACT: There is no fiscal impact associated with this presentation. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners review the attached brief summary report from Malcolm Pirnie, Inc. A more detailed report will be provided to the Board at a later date. SUBMITTED BY: --~--,~--~..,_ ~ £~. APPROVED BY: Date: G. George Yilmaz, Ph.D., P.E., P.H., REP. Director, Solid Waste Management Department JarrCes V. Mudd, P.E., Administrator Public Utilities Administrator TECHNICAL MEMORANDUM Tot George Yilmaz, P.E. Date: August 29, 2001 From: Robert French, P.E. Re.' Technology Assessment Malcolm Pirnie has been working closely with Collier County to evaluate integrated solid waste management systems that are capable of meeting the future needs of community. In addition to time proven technologies, the County invited expressions of interest for new and innovative solid waste processes that might play a role in the County's integrated system. The result of this process was the identification of several new technologies worthy of further investigation. This memorandum summarizes recent site visits to Vermont, Ontario, Australia and Hawaii by representatives of the County and Malcolm Pirnie to see first hand, the proposed technologies. Vermont Gasification Project Future Energy Resources Corporation (FERCO) 111 Intervale Road Burlington, VT 05401 Visitors: George Yilmaz, P.E. Kobert French, P.E. The Vermont Gasification Project is a test and demonstration facility built on the site of the McNeil wood power plant in Burlington, Vermont. The facility is designed to demonstrate the technical feasibility of gasifying wood material as fuel for producing electricity. This technology for gasifying wood waste utilizes two fluidized bed reactor vessels operated in unison; one for producing process heat from char and one for gasifying the wood material in the absence of oxygen. As a demonstration facility, it is operated only intermittently with the longest continuous run thus far at 72 hours. The wood material used for this demonstration facility is a homogeneous wood pellet product (the consistency of cattle feed) imported from Canada. The biogas generated from the facility is piped to the McNeil power plant next door where it is incinerated with wood to produce steam and electricity. The FERCO gasification process is still in the development stage for processing wood material. Due to environmental permit restrictions, the facility is not permitted to test or demonstrate municipal solid waste as a fuel. SEP 1 12001 ~G. ~ Page 2 Newmarket Organic Rich Waste Processing Facility CCI Newmarket Ltd. 395 Harry Walker Parkway South Newmarket, ON L3Y 8T3 Visitors: George Yilmaz, P.E. Robert French, P.E. The CCI Newmarket facility is being constructed to demonstrate the technical feasibility of the patented BTA-Process. The facility is operating at only a fraction (17%) of its design capacity due to a failure of equipment in the anaerobic digester and delay of the construction of one of the major process components. The purpose of the facility is to receive and process organic rich residential and commercial waste into a high-grade compost product. Incoming material is screened and hydrolyzed (mixed with water). The liquid, containing soluble organics, is separated from the solids and sent to an anaerobic digester where biogas is collected and used as a fuel to produce electricity. The separated solids will be re-hydrolyzed (future construction) followed by liquid/solid separation and anaerobic digestion of the liquid. The dewatered solids from the second stage hydrolyzing tanks will then be composted. The lighter materials (plastic bottles) that float in the hydrolyzing tanks are removed and sent to a landfill for disposal (no market has been found for this material since it is coated with decomposing organic material). Also, heavy material collected in the bottom of the hydrolyzing tanks is disposed in a landfill. Due to odor complaints at the facility, CCI Newmarket now only opens the doors to the tipping floor for delivery of raw material. While the inside air is collected and processed in a large, outdoor bio-filter, the odor control system is inadequate to handle the volume and intensity of the odors produced. Inside the facility, the odors were so intense it was difficult to breathe and strong odors were escaping the outdoor bio-filter as well. The processed organic pulp that is intended for composting is currently land-spread in rural areas by a contract disposal company. Waste liquid from the anaerobic digester is disposed via central sewage system. The liquid entering the sewer has a much higher biological loading than domestic wastewater and would be subject to pre-treatment in Collier County. The company would not comment on whether the process is producing surplus electricity or the facility is a net consumer of electricity. Brightstar Solid Waste Energy Recovery Facility Brightstar Environmental LLC Woolongong, NSW, Australia Visitors: NO., . . ~ SEP 1 12001 Page 3 James Coletta, Commissioner James Mudd, P.E. George Yilmaz, P.E. Steve Schwarz, P.E. The team traveled to Sydney and then Wollongong, Australia to visit the Brightstar Environmental facility there. The facility is an innovative solid waste-to-gasification plant, in operation since February 2001. The plant has an installed capacity of 75,000 metric tons per year (225 tons per day) but is currently operating under a trial license limiting operation to 30,000 metric tons per year (90 tons per day). The facility is expected to reach full licensed operation in December 2001. The team visited the facility, and met with officials of the City of Wollongong, the New South Wales EPA, the Illawarra Waste Management Board, and the Total Environment Centre, a national Australia environmental advocacy group. Overall, the facility was very impressive, operating successfully without apparent odor, noise, water, or air pollution problems. In addition, all of the groups interviewed were supportive of the facility. Pacific Biodiesel Grease Trap and Used Cooking Oil Processing Pacific Biodiesel, Inc Oahu Biofuels Facility 1003 Makepono Street Honolulu, HI 96820 Visitors: James Coletta, Commissioner James Mudd, P.E. George Yilmaz, P.E. Steve Schwarz, P.E. The team stopped in Honolulu, Hawaii, on the way home from Australia, to learn more about the Pacific Biodiesel waste oil recovery process. Pacific Biodiesel recovers two products: Used cooking oil to biodiesel fuel · Grease trap waste to a lower grade fuel product Pacific Biodiesel has facilities both in Honolulu and on Maul. Only the Honolulu facilities were inspected. These facilities seem to be operating successfully, and no significant odor problems were observed. SEP 1 1 2001 Page 4 We also met with environmental officials from the City and County of Honolulu. They were familiar with the Pacific Biodiesel process, and supportive of the technology. Lastly, we visited Hawaiian Bitumuls, a user of the grease trap waste fuel product. The product seemed to burn without problems, and Hawaiian Bitumuls appeared to be a satisfied customer. SEP 1 12001 Executive Summary. 2002 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND FILM FESTIVAL REGARDING THE OCTOBER 2002 EVENT OBJECTIVE: To have the Board of County Commissioners review this agreement between Collier County and the Marco Island Film Festival regarding the October 2002 event. CONSIDERATION: On June 15, 2001 the Marco Island Film Festival application was reviex~ed by the Special Event Committee and was not recommended for funding. The committee agreed to support the event, but recommend the event should look for other monetary sponsors. On June 25, 2001, the Tourist Development Council reviewed an application for the Marco Island Film Festival's request of $80,000 in funding for this event. The TDC recommended against funding for this event by a 4-3 vote. The Marco Island Film Festival has been approved for funding for the past four (4) years consecutively. This request for funding application would be the fifth year's request. The Marco Island Film Festival will host a five day International cultural arts event showcasing independent films combined with panel discussions, informal chat sessions with celebrities, workshops, seminars, opening and closing events, and tribute celebrations for a Master Artists. FISCAL IMPACT: Funds in the amount of $80,000 are available from the 194 Tourist Development Tax Fund reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners deny the FY2002 Tourism Development agreement. Jan~'. ~i~hh'-orn,' T~DC Coordinator Hc~ing and Urban Improvement REVIEWED BY: ~~~i~ Jo~. Dun~uck, Interim Administrator C~munity Development & Environmental Se~ices APPROVED BY: iDate Date AGENDA, IT,,EM/) No. ~ SEP 1 1 2001 2002 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO FILM FESTIVAL, INC. REGARDING THE FY0~ EVENT THIS AGREEMENT; is made and entered into this . day of j 2001, by and between the Marco Island Film Festival, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinat~er referred to as "COUNTY." WHEREAS, the cOUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to operate a tourism event to promote Collier County nationally and internationally and for the promotion and advertising of the Marco Island Film Festival to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council (TDC) and the County to use Tourist Development Tax funds for the Marco Island Film Festival to be held in October 2002 in Collier County which is intended to bring tourists to Collier County particular during the months of May through November; and WHEREAS, the COUNTY desires to fund the proposed funding request pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND pREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORI~_: In accordance with the authorized expenditures as set forth in the Budget attached hereto as Exhibit "A," the GRANTEE shall provide for advertising and promotion of the Marco Island Film Festival to be held in Collier County in Octo- ber 2002 and for the advertising, promotion and holding of the event in Collier County. PAYMENT: The amount to be paid under this Agreement shall be Eighty Thousand Dollars ($80,000). Approval of any said requested funding shall be subject to the discre and BCC. The GRANTEE shall be paid in accordance with fiscal procedur for expenditures for the advertising, operation and the promotion exp~l~es as de-,,~ o o o ° 10. scribed in paragraph 1 herein upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been re- ceived. GRANTEE shall determine that the goods and services have been properly pro- vided, and shall submit invoices to the County Manager or his designee. The County Manager or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been pro- vided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the At- tached "Exhibit A." Tourist Development Council for a recommendation to the Colli{ The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Manager or his designee. No adjust- ment shall create an increase in the total budgeted amount of the contract. Any request for funds that exceed the total annual amount budgeted in Exhibit "A" shall constitute a request for an amendment to this agreement and shall be processed according to County policies and procedures, including )resentation to County staff for review prior to being placed on the agenda for pr, [sent~~//~ ~ County Boar~ SEP 200 P~._ 11. 12. 13. 14. 15. of County Commissioners. No funding in excess of the contract amount shall be expended until approved by the Board of County Commissioners. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section One (1) are to be paid by the COUNTY for the time period of February 1, 2002 through October 30, 2003. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repay- ment of funds for a period of up to one year after termination of this Agreement or later if not known by the COUNTY within the one year period. INSURANCE: GRANTEE is required to submit a Certificate of Insurance nam- ing Collier County, and its Board of County Commissioners and the Tourist De- velopment Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABiL- ITY-Statutory The Certificate of Insurance must be delivered to the County Manager or his des- ignee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities that are to be funded pursuant to this Agreement until the COUNTY has received the Certifi- cate of Insurance. MONTIILY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcon- tractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days in each of categories described in Exhibit "A" hereto including the duties performed, the services provided and the goods delivered dur- ing said period. GRANTEE shall take reasonable measures to assure the contir performance of all vendors and subcontractors. led satisfactory SEP 11 200t 16. 17. 18. 19. 20. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may recommend vendors or subcontractors to provide services as described in paragraph 1 herein. COUNTY shall be responsible for paying vendors and shall select all subcontrac- tors and vendors. GRANTEE agrees to disclose any relationship between GRANTEE and any se- lected subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions includ- ing attorney's fees and all costs of litigation and judgments of any name and de- scription arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontrac- tor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Marco Island Film Festival, Inc. Nick Campo, President P.O. Box 2002 Marco Island, Florida 34146 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jane E. Eichhorn Tourist Development Council Coordinator 3050 N. Horseshoe Drive, Suite 145 Naples, Florida 34104 The GRANTEE and the COUNTY may change the above maili~ time upon giving the other party written notification pursuant to tt g aqp_ress at, any,4_ s S eT?~n, tt {7 7:~ S£P 11 2001 21. 22. 23. 24. 25. 26. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or any vendor or subcon- tractor of the GRANTEE, as an agent or employee of the COUNTY. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and provide all information and documents as requested by the County from time to time. Failure to cooperate, as interpreted by the COUNTY shall constitute grounds for the COUNTY to impose sanctions that do not result in termination of this agreement, such as withholding payment. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors up to the effective date of the termination so long as such expenses are eligible. Provided, however, if GRANTEE fails to hold or com- plete an event or activity that was budgeted under paragraph one herein during the term of this contract, before the notice of termination, GRANTEE shall repay to the COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the uncompleted promotion and advertising of the event or activity was sufficient to justify the use of tourist development tax funds. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking ac- count. All revenues related to the Agreement should be recorded, and all expendi- tures must be incurred within the term of this Agreement. AVA[LABII.ITY OF RECORDS' GRANTEE shall maintain all records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that the COUNTY, or any of its duly author- ized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and gI:u~ocopy_.any.~ ~,_NL')A TiZM pertinent books, documents, papers, and records of GRANTEE in tions related to this Agreement. 'olvi~ transac/~/~ SEP !1 2001 31. 32. 27. 28. 29. 30. 33. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. TERM: This Agreement shall become effective on October 1, 2002 and shall terminate on September 30, 2003. GRANTEE shall request an extension of this Agreement in writing at least thirty (30) days prior to the expiration date and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be returned to the County and made available for future applicants. AVA[LABILITY OF FUNDS: This Agreement is subject to budget and col- lection of tourist development tax funds. EVALUATION OF TOURISM IMPACT: If advertising and promotion: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activi- ties, explaining how the tourism impact was evaluated and shall provide a written report to the County Manager or his designee within sixty (60) days of the expira- tion of this Agreement. If an event: GRANTEE shall monitor and evaluate the event identifying the success or failure of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non- resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event. The COUNTY shall be the owner of and in possession of the originals of all in- tellectual property created or furnished pursuant to this agreement, including, but not limited to drawings, paintings, photography, film, video, and printed docu- ments, unless specifically exempted by the COUNTY. The COUNTY, pursuant to the policies and procedures of the COUNTY, shall execute and be a party to all contracts involving funds from the COUNTY. No contracts involving COUNTY funds shall be executed in the name of the GRANTEE. REOUIRED NOTATION: All promotional literature and must prominently list Collier County as one of the sponsors. ned ~ a~dv~14irsi~.~ SEP !1 2001 34. AMENDMENTS' This Agreement may only be amended by mutual agree- ment of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA By: JAMES D. CARTER PhD, Chairman WITNESS E S: GRANTEE Marco Island Film Festival, Inc. (1) Printed/Typed Name ~~,,O (2) By: Printed/Typed Name Printed/Typed Name Printed/Typed Title Approved as to form and legal sufficiency ,~a~ctue~,~ne Hubbard Robinson ':~otistant County Attorney SF_.P tl 200! MAR CO ISLAND FILM FESTII/AL MARKETING PLAN 2002 PUBLIC RELATIONS Public Relations Campaign includes the following: Print media placement and buys Press kits/Press Releases pre and post event Targeting National and Regional print media Media Invitations Interview Opportunities Public Service Announcements Bylined Articles Travel and Event Calendars Daily Newspapers National and Regional Magazines In-flight magazines $ 30,000.00 PAiD ADVERTISING Print Media Includes: Brochures Rack cards / envelope stuffers Post 'cards - 5000 Newsletters / maps Magazines -$10,000.00 INTERNET WEB-SITE DEVELOP/MANAGEMENT ..... $ 2,500.00 FILM INDUSTRY S ECIAL GUESTS Travel and lodging expenses for film industry guests $ 30,000.00 SEP !1 2001 OFFICE EQUIPMENT- Computer/Copy machine/Postage/Film Shipping $ 2,000.00 FILM EQUIPMENT RENTALS ................................. $ 3,500.00 Fihn Projection equipment INSURANCE $ 2,000.00 TOTAL $ 80,000.00 MARCO ISLAND FILM FESTIVAL Grant Application 2002 E very S e at is an Isle S www -marco i s I an d fi I m fe st . Collier County Tourist Development Council Grant Application OrEanization Information Review the guidelines prior to completing this application. Submit an original and twenty-five {25) copies of the application with attachments to Jane E. Eichhorn, TDC Coordinator, 3050 N. Horseshoe Drive, Suite 145, Naples, Florida 34104. Application Information Applicant (legal name of organization) Marco Island Film Festival, Inc. Address (street or box, city, state and zip code) 601 Elkcam Circle B-6 Telephone # E-Mail Address Federal ID # Marco Island, FL 642-3378 34145 Fax# 394-1736 info(~marcois!a n d fllm fest.com 65-0775361 Contact Person Pat Berry Title Executive Director Organizations Chief Official Nick Campo Title Board President Name of Event and Brief Description A five-day International cultural arts event showcasing independent films combined with panel discussions, informal chat sessions with celebrities, workshops, seminars~ openinl~ and closinl~ events, and tribute celebrations for a Master Artists. 27 SEP !1 ~00! ! Collier County Tourist Development Council Grant Application Organization Information Page 2 Area of Event Impact (Location in Collier County) ~mmokalee_t_and Marco Island. Event Date October 2002 All of Collier County includin~ Total Number of projects contained in this application Tourist Tax Dollar Requested $80,000 Total Amount of match ~000 Certification of Authorizing Officials I certify that the facts contained in this application are true and complete to the best of my knowledge and understand that, if employed, falsified statements on this application shall be grounds for refusal. I authorize investigation of all statements contained herein and the references and employers listed. I authorize Collier County to make any investigation of my credit or employment status. Organization's Chief Official Nick Campo Typed Name . 326-40-,,8873 Signature 28 SEP i~ Scope of Work ORGANIZATION: EVENT NAME: Marco Island Film Festival, Inc. Marco Island Film Festival The five-day cultural event~ in it's fifth year, will take place the third week of October, 2002. There are many activities throughout the five days including: 1. Morninl~ chat sessions with celebrity guests. This event is held daily and provides an ol~l~ortunity for attendees to interact with various celebrity guests. This event is free and open to the public. 2. Panel Discussions with film industry l~rofessionals. These discussions are informative ~nd provide an opportunity for filmmakers and celebrity ~mests to participate in discussion_s on _many topics from screen-writing, to distribution· Our student p_~_nel is tarEeted to local students and includes topics that are important to kids today such as "Violence In Films Today". Panels are free and open to the public. 3. Seminars and workshops are conducted by film artists and are tar~ieted to all age groups and demographics. 4. Film screenings begin on Wednesday niEht with our opening event "Sandals and Cinema", and continue throu~[h S~n_rl_~y evening. The openin~ film on the beach has quickly become the "siEnature event" of the Marco Island Film Festival. Preliminary plans are underway for events and film screenings to expand throughout Collier County and to include Naples ~d Im event draws major media coveraEe locally, nationally, and Inter 10 SEP !1 001 increasintL~wareness of Collier Count th~y__~x_q_~hout the year. The 2000 festival bro__r_0_~Eht over ~000 of marketin aiL~_~romotion value on a~000 TDC investment throu h internet ma azines news a ers radio and television. The events are evaluated on an attendance basis through a bs!!ot/surve~ s_y_stem. At each film screenin_ti a ballot is handed to each attendee as the_II enter. We encoura e t~_~l~est to fill out the lod inE!_n~,~_nformation prior to leavin_E the theater. Althou~75% fill our the ballot~ we have found it to be the most effective way to collect information concernin~ lodEin~ effectiveness. Additionally, through ticket sales we are able to calculate attendance. The financial resources are continually__monitored hy__our Board of Directors, Board Treasurer, and the Festival Accountant, Joel Gewirtz, CPA Attached find a list of corporate sponsors who h~_ve supported the event for l~ast several years. We have a continuing relationship r~ith most of them bu! have no written contracts at this time as we are currently confi~..,inR the 200! sponsorships. Collier County has a premier arts event with International stature in th~,. Marco Island Film Festival. This upscale, first-class event showcases Colliei. County and its business community in the best possible light and brings ney- sophisticated visitors to spend tlm_e and money durin~ our "shoulder season". The Marco Island Film Festival has a volunteer base of over three hu~_dred. Many volunteers work continually throughout the year as this event require--~ year-round planning. Many festival r_px~rams such as our Internshi~ram continue to g~_ow each year. We have ten International students scheduled througho~ The festival rp_~vides a hands-on o_9~p_portunity__~_o students u_p__u_~ 11 n_E a ~d~ in tl SEP 11 2001 field of communic~market~r~motion__q~ublic relations~_and event l!lannintk etc. The festival receives hundreds of a__~_~p~lications for the internshil!~ The Externshi Prp___P_~0-t~am is olden to all Collier Count_~y_ teachers. Rotarl[ Clubs of Marco have sponsored Lwo teachers the past two years. The i~rogram offers teachers a valuable perspective of the film industry, which allows them to develop cutti~ edge curriculum for their classroom. The successful pro~ram features aH aspects of filmr~_~king including, writing, editing, directing and production. KidFest was established to introduce "film as an art form" to all Pre-K to 12 grade students of Collier County. Family friendly films are scheduled for Saturday and Sunday during the event. Filmmakers are available for discussion immediately following the films. 12 ~ A~A ITF-NI~~'"''''"" SEP 2001 Tourist Development Council Criteria For Grant Evaluation Funding application will be scored in six (6) categories on a one hundred (100) point scale. Category I Commitment To The Expansion of off-Season Tourism Minimum of 25 points required in this category to receive funding. 1. Evidence that the event will serve to attract out-of-county visitors generating hotel, motel, campground room nights during a no-peak period; that the program, event, or facility, will be marketed to the fullest extent possible in an effective and efficient manner; that the requesting organization has given consideration to the cultural and entertainment needs of residents and tourists; and the demonstrated willingness of the organizers to work with the tourism private sector in cooperation promotional efforts such as packaging rooms, attractions and the event. Points will be awarded on the basis of events that will attract visitors during non-peak tourist periods. Non-peak tourist periods will generally be defined as the months of May through November and the first two weeks of danuary but may vary according to area of the County the event may impact the greatest. Points will also be awarded for projects that serve more than one area of Collier County, that take place in and/or serve areas of potential cultural growth (Collier County underserved areas) and encourage and actively promote cultural diversity. Assuming qualified applications are received from all geographical areas within Collier County, the Special Events Committee and the Tourism Alliance will make an effort to insure equitable distribution of funds throughout the County. The Marco Island Film Festival will take place in October, 2002 in the non-peak tourist period. The festival will continue to serve all of Collier County with the main venue on Marco Island and additional events throughout the County. Many programs are free and open to the public, such as: morning coffees, panel discussions, and our opening night film on the beach. The festival pr.ovides ewVo~t~otr~re~eted to all demographics. Our volunteers are primarily seniors and combined with student interns they provide the festival with a multigenerational Out-of-County visitors are attracted to the Festival both as part, attendees. More than 100 films are featured, with most films al attendance by filmmakers {writers, producers, directors, cast, el County visitors are attraced to attend the Festival to sample ne 13 ,}. orlr, Ft -ol a~l~s~O~he ~videly diverse films presented, as well as to attend panels and other activities to learn about the filmmaking industry. The Festival is marketed via advertisements in International film publications, appropriate internet sites, regional newspapers, radio, and television. Additionally, the Festival maintains a wide International mailing list. ..... '-- --1- International cultural event of its kind available This Festival represents ~n= v,, ~ . to Collier County residents and ~uests. Film and programs are selected to meet diverse cultural and entertainment needs. The Festival organizers have worked and will continu.e, to work with local travel agents, hotels, and restaurants to present transportation, room and meal packages to help make attendance more attractive. The Festival helps recognize and promote .cultural diversity through its selection of films. The films represent diverse ethnic and multi-generational groups and interests. 2. Evidence of growth potential of the event in subsequent years and the commitment of the organization to reasonable and orderly expansion of the activity. The first festival took place in 1998 with 3,500 attendees and has grown to 8,500 in the first three years. It is expected to draw 10,000 in 2001. 3. Include statements from the accommodations general manager or sales director attesting to the number of room nights generated by the event in the past. (If the event is new and has no track record, see item "4'.) From the ballot survey the festival estimates the number of room nights has grown considerably each year. This survey does not correspond with hotel numbers due to the fact that attendees don't always state they are with the Film Festival when booking reservations through 800 numbers, the internet, etc. 4. Include commitment statement from accommodations agreeing to package rooms for this event. See attachment #6 - re: Hilton, Marriott, Radisson 5. A detailed business plan must accompany the application for the review process. See attachments #1 Program and #2 Budget 14 SEP !1 2001 Category II Out of County Promotion Maximum Fifteen (15} Points 1. Proposed out of County advertising/marketing plan and budget must be included as an attachment to the application. See attachment # 3 - Marketing Plan Category III Soundness of Proposed Event Maximum Fifteen (15) Points Extent to which the event planning has advanced to a stage where the organization has clearly identified the event and described its basic components; assigned responsibilities and accountabilities; prepared a timetable for implementation; realistically conceived and basic components are complete and directly related to each other; probable effectiveness of the event and its individual components to accomplish stated objectives; includes community support and coordination of resources of government agencies and the private sector and evidence that funding sources have been identified and required match is available. See attachments #2 Budget / #1 2000 Program / #5 Timetable Category IV Organization Stability and Management capacity Maximum Twenty (20) Points 1. Proven record or demonstrable capacity of the organization to develop resources, prepare and effectively implement the proposed activity. Through the Board of Directors, Honorary Board, Interns, and hundreds of volunteers the five-day eve. nt has grown each year through sponsOrshi s ra tickets sales, and fundraisln~ ev~n~.~ ~ ........... P ' g nts, Festival - In Review. o ..... o== a~acnment ~ 4 Marco Island Film 15 SEP 11 2001 2. Extent to which the organization has a successful history of service in Collier County. The festival has been serving Collier County for four years with programs that are targeted to residents. Some of these programs include: KidFest, Teacher Externships, Student Workshops, in addition to all the cultural events during the festival. It also provides an outlet for citizens to work together to provide service throughout the year as part of the extensive volunteer network. 3. Document ability to administer public sector funding. This is documented by our first four year history. Sponsorships including cash and in-kind awards are valued at over $1,000,000 in 2000. The Festival has received grant awards from the State of Florida Arts in Education, Collier County TDC, New York Times, Publix Supermarket Charities, and Barron Collier Foundation. 4. Provision for regular, timely reporting to the TDC on the progress of event. The Festival Funding Manager will ensure that all progress reports are submitted in a regular, timely manner. 5. Demonstrate the internal financial controls to accomplish the activity within the budget. Monthly financial statements are prepared and reviewed by the Board Treasurer, Board President and Accountant. 6. Evidence of staff and volunteer capability and qualifications. The festival is in its fifth year of operation with primarily the same personnel. The volunteer Administrative Staff along the Board of Directors donates many thousands of hours, year round, managing and planning the event. See the attached list of staff and volunteers who have key positions in the event. Resumes will be provided upon request. The success and growth of the first three years attest to staff and volunteer capability. See attachement #7 - staff 7. Completeness of application. 16 Category V Quality and Uniqueness of Proposed Event Maximum Fifteen (15) Points 1. Extent to which the event has substantial tourism, artistic, cultural, or other significance giving emphasis to creativity and merit. The Marco lsl.and Film Festival has proven to be a major International c event for Colher Count,, Our a--~:---' .......... ultural .~.. ...... .. .... .,. _ ,,,~t,~; programs znciuae independent films, p riel ,.,.~,;u~ons, seminars, workshops, informal chat sessions with celebrity gues~:s. Out film present, and address diverse cultural interests while workshops encourage creativity. 2. Extent to which the activity provides a program for the County and its residents of significant merit which without such assistance would not otherwise be available in Collier County. Without assistance, a program of such substantial tourism, artistic, cultural, and creative merit would not be available. Without assistance, this event would not be as wide and International attraction or diverse a program. The Festival provides opportunities for diverse cultural experiences that otherwise would not be available. First Time Applicant First Time Applicants Ten (10) Points A first time applicant must give as much detailed information on the event as possible. If the event has not taken place in the past, identify that and give as much information in the preliminary status report. Point System The Points System will be based on a minimum score of 50 points. Year of Funding Request 7 st 2nd 3rd 4th Maximum % of Funding A!!ower~ Amount recommended for approval will be based on the J~nal s 17 Up to 100% Up_to 90% Up to 80% up to 7!)% ,~i,~ ..... '.or~_p !! 2001 FROM : MARCO ISLanD FILM FESTIUAL FAX NO. : 941594i736 3un. 22 2001 10:54AM P2 MARCO ISLAND FEbWIVAL- ~ill ~d ' ~om g D~ wilkins Craig Darian Film Celee_a¢ H elm .~kctor 3ol'm C. I-I~cklolz Film Ph~ip Film ~od~ , b~ June 20, 2001 Tourist Development Council %'Ms. Jane Eichorn TDC Coordinator Collier County Housing and Urban Improvement :t050 N. Horseshoe Drive #145 Naples, FL 34104 Dear Tourist Development Council: The Board of County Commissioners along with the Tourist Development Council has supported the Marco Island Film Festival for · ' . din we receive is critical, to the success of the event, lne purpu~.- ,, ..... Special events provide an to Southwest Florida in the. shoulder season. opportunity to promote Collier County as a first-class destination. TDC Funds should continue to support the Marco Island Film Festival in 2002 for a number of reasons'. First and foremost, the Festival has become Marco Islandts "sigr, ature event" - an evertt that will put Marco Island on the psychic map .for thousands and thousands of people around the world who have never heard of our popular resort city before. Actditionally, as we continue to expand the festival to include Naples and Immokalee in oui' schedule of events, TDC funding becomes even more imperative-and firing with the true mission of the Bed Tax. Marketing . of these expanded events will be essential in order to guarantee their One of the key indicators that newspapers and magazines use to rate the ... desirability of communities around the country is the availability of cultural opportunities. While Marco Island has many, many advantages -. our superb weather, good government, stunning beaches and year 'round recreation -- there is not a plethora of cultural events. ' the value of · ' . ' d with top cultural artd~ enterta.1..nme_n. being associate, . , ....... -, nts to subsxd~ze sttt~ ~ common today rot tocat g~- ..... e stadiums for professional sports the extent of providing taxpayer-funded .teamS. Wltatever one might think of such practices in general, there could be no doubt that such events raise'the profile of the cities involved. Successful festivals around the country .have become year round cottage industries for their areas. Sundance, Telluride, and Toronto Film Festivals to name a few.' P.O. Box 2002 ' Marco Island, Florida 34'[46 ' Wcbsite:,a~vw_marcoislmldlSlmfest '~m Phone: 941-.6,42 PEST (3378 FROM : MARCO ISLAND~= FILM .... ..FESTIUAL FAX NO. : 941U941736 Jun, 22 2081 10:55AM P4 It is also worth noting that other cities in Florida continue to subsidize their film festivals year after year and at much higher financial levels than the Marco Island Film Festival is requesting. · The Palm Beach Film Festival, in its 7th year, receives $125,000 annually from TDC funding. Charles Lehman, TDC Board Member, stated "the festival reinforces the National image that their county is looking for, while attracting visitors and bringing business to the Palm Beach area." · Delray Beach Arts Association states "they prefer to back an event with a proven track record rather than support an event with no history." · Fort Lauderdale Film Festival, in its 17'h year, receives $160,000 annually from TDC funding. Michael Kinney, TDC Board Member, states "we continue to support the film festival because it not only attracts visitors but offers a more fulfilling vacation and they stay longer." Monroe County has recently allocated all their TDC funds to Arts and Cultural events. Collier County competes with over 600 festivals in the World. Many offer incentives from land/property to large cash prizes. Two festivals are held annually on the same weekend with the Hampton Film Festival offering over $236,000 in prize money as an incentive to filmmakers, and the Heartland Film Festival offering $100,000 in prizes. Needless to say the competition is strong and we have a long way to go before we can offer these incentives. The Marco Island Film Festival is a non-profit arts organization. It is very important to emphasize that the Festival has been built entirely by volunteers. No one has profited personally from his or her work. In fact, as anyone who has ever volunteered for a good cause can attest, many have made personal and financial sacrifices for the Festival. The Festival is not asking the TDC to subsidize the entire Festival. In fact, the TDC funding represents approximately six percent of our total $800,000 operating budget. Arts events are historically under-funded. We urge you to continue to support this important cultural event. County support is extremely important when applying to foundations and for other grants. The festival meets all the criteria required to qualify for the TDC funding. Over the years we have conformed to ali spending and reporting obligations, and have used the funds to not only promote the ~;~ilm Festival, but Collier Court--hole. ~ DirectorN{'ckV~President Patricia L. Bert' ~,,~ tiv e~/_~ ~-~ I !! ;001 June 14, 2001 h,9\RCO FILM rESTi\, 2i"t~ Ft~'~ Film goa~l of Dh-~tom; D ~rown Mauw C~O'l F~'ara "F~m~ Ramsey Fr~ Shh~ M~' I~ Soufl~ Dan Witkb~s tt_j~on.yarv Boar4,:, ('~'a ig Dari Film t~oduc.w .:;~.~ Fihn Produc~ ?h9~ McK~ Film Ms. Jane Eichorn TDC Coordinator Collier County Housing and Urban Imp. 3050 N. Horseshoe Drive #145 " 4 Naples, FL ~410 Dear Jane: Please find attached the Marco Island Film Festival Grant Application for Collier County TDC funding for fiscal year 2001/2002. The Marco Island Film Festival requests $80,000 for our five-day event scheduled for the third week of October, 2002. I have attached the following per your request: 1. Articles of Incorporation 2. IRS Determination Letter 3. Current Board of Directors 4. Financial Statement - December 31,2000 5. Listing of 2000 commitment of sponsors 6. Budget- 2002 7. Insurance Policy The continued support of Collier County Commissioners has been an integral part of the Festival's growth and success. If you require any additional information please contact me at 642-3378. 3£P, ). 20,Oj. PLEASE INCLUDE THIS CHECKLIST WITH YOUR FINAL SUBMISSION TO INSURE THAT ALL REQUESTED DOCUMENTS ARE INCLUDED. PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: {It is not necessary to provide a copy of these items with the 25 copies.) (1) Charter, Articles of Incorporation, By-Laws, Proof of Current Status, i.e. Annual Report on file with the Secretary of State - Except Government entities. ~{2) IRS Determination Letter - Except Government entities. Except Government entities. {5) Letters of commitment from co-sponsors; ~{6) Budget narrative (detailed Exhibit "A") {3) List of current officers and board members, indicating terms, or mayor, City Council, etc. {4) Copy of financial statement for the most recently completed fiscal year - Name of Preparer: {PRI~LT~ ..... -Pk~tr~i~L. Berr3r.//~ Signature of Preparer: ~.~' SEP I! 2001 ARTICLES OF INCORPORATION OF MARCO ISLAND FILM FESTIVAL, lINC. (NONPROFIT) We, the undersigned, being natural persons competent to contract, do hereby execute these articles in our capacity as incorporator of a corporation not for profit under the laws of the State of Florida pursuant to the provisions of Chapter 617 of the Florida statutes providing for the formation of a corporation not for profit with the powers, rights, privileges and immunities as hereinafter-set forth. I. NAME 1.I The name of the corporation is Marco Island Film Festh'nl, Inc. ' 11 TE D F , I TEILED AGEINT 2. l The initial'principal office of tile Corporation is the 606 Bald Eagle Drive. Suite. 00, Marco Island, Florida 3;4145. 2.2. The name of the initial registere~ agent for service of process and the address of tile registered office are Craig R Woodward. Esquire of Woodward. Pires& Lombardo. P.A:. 606 Bald Eagle Drive, Suite 500, Marco Island, Florida 34145. The registered agent IS authorized to accept service of process within this state upon lhe Corporation. !II. PURFOS~ · or which tile Corporation is organized are any and all 3 I The purposes an_d obje. c.ts I~ .... o"nn not for profit under Chapter 617 of ,,moses authorized to be perlorme, d ~.Y ~ c.°~j='.,~',';,"i,n not for ,roi'it" means a corporal,on o, I which no part of the income is dlstrlbutalole to 3.2. ' Without limiting the generality of the I'oregoing, 'the purposes fon which the Corporation is formed lo manage a fihn festival to be held in Collier County, Florida. 3.3 The corporation.may assess ago. last the members of the Corporation, fees or dues~ in order to enable the Corporatmn to perform its purposes as set forth herein and in the By-Law_~) of the Corporation and such other purposes as may be allowed by law. ~'~,c,~',a- IV. A,S$OCIATION MEMBERSIIIP 4.1. Membership shall be open Io Florida residenls or affiliate members as set Forth in the By-Laws. V', VOTIING RIGHTS OF MEMBER~5 5.1 Each Member of Ihe Corporation shall have one (I) vote. 6. I VI, MEETING OF MEMBER8 The place, date and notice required for meetings shall be set forth in the By-Laws. VII. DIRECTORS 7.1 'The affairs of the Corporation shall be governed by a Board of Directors consisting initially of four (4) persons. The names and addresses of the Directors who are to serve until the first meeting of members, or until their successors qualify and are elected are: Maury Dailey, 1307 Riverhead Avenue, Marco Island, Florida 3414.5, Nick Campo, 311 La Peninsula Blvd., Naples, Florida 34113, Patricia Berry, Post Office Box 133, Marco Island, Florida 341415, and Mary Lee South, cio Patricia Berry, Post Office Box 133, Marco Island, Florida 341415. Directors shall be elected in accordance with the By-Laws. VIII. OFFICERS 8.1' The officers of the Corporation who are accountable to the Board of Directors shall be: President, one or more Vice Presidents, a Secretary and Treasurer. Officers shall be elected annually by the Members. 8.2 The names of the officers who are to serve until the first elections of officers are: Maury Dailey, President, Nick Campo, Vice President, Patricia Berry, Treasurer, and Mary Lee South, Secretary. IX. BY-LAWS 9.1 The By-Laws of lhe Corporation shall be adopted by lhe inilial Board of Directors. The By-Laws may be amended in accordance with Ihe provisions lhereof. 2 SEP !1 2001 lO~t The period of duration of the Corporation is perpetual unless sooner terminated pursuant to the provisions of the laws of the State or Florida. XI__~. NQ STOCI~ 11.1 The' Corporation shall not have nor issue shares of stock nor wit! it ever provide for nonmember voting. : ~ll. INCORI'ORATORS · 1:2.1 The names and addresses of the incorporators are: Maury Dailey, 1307 Riverhead Avenue, Marco Island, Florida 34145, Nick Campo, 311 La pe.insula Blvd., Maples, Florida 34113, and Patricia Berry, Post Office Box 133, Marco Island, Florida 34146. ~III, I'oWER,~ ' d ave and may exercise any and ali rights, privileges an ' -- --' ..... ,ion shall h ........ -~ in the By-Laws of the t3.l 'li~e .t-m.v~,~-_ ..... ntt of the Florida atatutes.~llU~.n ..... lin..I,,have the aowerS as set fort!! ll~.. ~avt~.:__"_~..,.,,,litv of tile foregoing, tt~e tzorpu,~,,,~, ..... !i . ~orporation. Without llmtung thc ~,,,--- ~ following powers: A. To determine, levy, collect and enforce payment by any lawful means of % all membershi'P fees or dues. B. To establish By-Laws and Rules and Regulations for tile operation of th Corporation and to provide for the formal administration of the Corporation to enforce any Rules and RegulationS'of the Corporation. XIV. AMENDMENT ': · 'These Articles of Incorporation may be altered or amended at any regular or 14.1 ,..,._ n,-,o,-a of Directors upon a resolution adopted by a majority of the meeting of special meeting m , Directors' These Articles of Incorporation may be altered or amended at a special the voting Members provided that: t t A. Tile Board of Directors shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of the Members. B. Within tile time and in {he manner provided in the By-Laws for the giving of notice of meetings of Members, written notice setting forth tile proposed amendment or a summary .of the changes to be effected thereby shall be given to each Member. C. At such meeting, a vote of tile Members shall be laken on lhe proposed amendment. Tile proposed Amendment shall be adopted upon receiving the affirmative vote of a majority of the Members. Any number of amendmenls may be submitted to. the members and voted upon by them at one meeting. · D. Said amendment(s) shall be effective when a copy thereof together with an at~ached certificate of its approval by tile membership, sealed with a corporate seal, signed by the Secretary of State and all filing fees have been paid. -We, the undersigned, being the incorporators named above, for lite purpose of forming a corporation not for profit pursuant to Chapter 617, Florida Statules, supra, do hereby subscribe to these Articles of Incorporation and hereunto set our hands and seals {his .2. c/r~ day of ~ '~7 ,1997. -- MAURY NICK CAMPO / PATRICIA BERRY MARY qEE SOUTH 4 SEP !1 20111 KN WLED MENT B RE I TERED AGENT I, CRAIG R. WOODWARD, ESQUIRE, of Woodward, Pires & Lombardo, P.A., having been named in the Articles of Incorporation to accepts service of process for the foregoing corporation at the place designated herein, hereby accept and consent to act in his capacity and agree to comply with the provisions of the Florida General Corporation Act relative · to keeping open said office. CRAIG R. WOODWARD, ESQUIRE; This Instrument Was Prepared By: Craig R. Woodward, 'Esquire Florida-Bar Number: 0309389 Woodward,,Plres &Lombardo, P.A. 606 Bald Eagle Drive, Suite 500 Island Tower Building Marco Island, Florida 34145 · Telephone Number: (941) 394-5161 ~INTERN~L REVENUE SERVICE BISTRICT BIRECTOR P. 0. BOX 2508 CINCINNATI, OH 45201 NOV 3 M~tRCO ISLRNEI FILM FESTIVAL. !NC 601 ELKCAM CIR TIE B-7 NARCO ISLANU~ FL 3~.146 DEPARTMENT OF tHE 'TREASURY Employer identi~ ical;~,:,n Humber'..' 4,~!;-0775361 [ILN -. .~ ~ O..,o.a / 61S 5007 C,:,nt3ct; P~D!'s,.-,n: [1~ A. []ONNING Contact Telephone Nuillber: (513) 241-51~9 Accountiag F'eriod Ending: December 31 F,:,undatio~ Status Classi?'lcation: 50~ (a) (1) ~dvance Rul i~g F'eri,::,d Begins: May Advance Ruling Peric, d Ends: D~cember 31~ 2001 ~ddendum ~ppl les: No Dear Appl icant: Based on information you supplied, and assuming ;,,,)ur operati,:,ns ~iil be as stated in, your application for recognition of exemption, ~e have determined you a~-exem~fro~ federal income tax ~nder section 501(a) of the Internal Reven~e Code as an organization, described in section 501(c) ~'"~- Becaus~yem.em~a~ ~e;~ly create~:~organization,_ ~ are not no~ making a- ~i~ml. determ~natio~ o~ your foundation status under sect~,3n 507(a) of the Code~ ~o~ever, He have ~etermi neB' that yo~ ~a~ reasonably e~pect.tO be a-gu~l'~cly supported.organizatiOn described, fn sections 50~<a) (1~ and 170(~)(1)(A) Accordingly, during an advance_ r:ling period you ~.~ill be treated as a P:u~l icly.-supporte~ orgmnJz&~ion,, and not as a private foundation. This~ advance r~! ing p~i,3d' ~egins mn~ ends ,3n~ th~ dates sh,3~n above. Within ?0 days afte~ the end ,~f your advance ru;ing per~,:,d, yo~ must send us the information needed to determine Hhether you have met the require- merits o~ th~'appl'icabl~ support test d:ring the advance r~ling period. ~f establish-tha~ you_ have. bee~ a publicly supported organization~ He ~ classi- f~you a~a; se~ioff 50~(a)-(~) ar 509(a) (2) organ'- ;~ation as long as yo~ o:)ntin~e to meet the requirements c,f the applicable support test. ~f ~ou do not meet the publ;c suppor~ requirements d~ring the advance r~ling period, ;.~e ~i'l classify ~off;ms a'-~rivmte foundation for f~[ture periods. Also, if ;~e classif~ yoff as a. p'rivmt~ fo~ndation~ ~ Hill treat y,:~ as a private fc, undation' fron, your. beginnf~ dat~ ~orp~rposes of' section 507(d) and 4~40. Grantors an~ ~ontrib~to~ may rely on '" ... ~.pri-v~te ~o~n-~m~[om un~Fl' 90: days after the our determination that you are ~,~t a ' end of your advance ruling period. E~'~o~-~'s~ ~'~h~ require¢ information Ni~hin' ~he ?0 days~ grantors and contributors, may con%inue ~o rely on the advance determination unt I~make a fina~ determination of' your foundation, status. that ~e ~[¢ ~e pu/~lish a notice in the rnternal Revenue Bulletin statin L. etter SEP !1 2001 )45_ ([,o/c~ RCO .-.~LANO FILM FESTIVAL INC ~4il I no l,:mger treat you as a p~blicly supported ,:,rga~izatio~ gra~tors aad contributors ~ay ~ot rely ,)~. this determi~atio~ after the date Ne p~zbl ish the ~(,tice. I~ addition, if you lose y,~r stat~s as a publicly supported ,:,rgani- za~io~, a~d a grantor ,:,r contributor ;.~a~ responsible for, or Has a~.~are o'¢, the ac~ or fail.re to act, that res~lted i~ your loss of such status, that person may ~ot rely o~ this determi~aticm from the da~e ,:,f the act or fai ttre to act. Also, if ~ grantor or contributor lemr~ed that ~.~e had give~ notice that ~4,:,~ld be removed from cla~sifica~ on am a p~tblicly s~pported organ zatio~, then thm~ perso;~ may o,:,t rely ,:m this determination as ,:,f 'bl~e date he or she acquired such If yo~ chm~ge your so.roes ,:,f s~pport~ your p~rposes, char'acte¢, o¢ method of ,:,pe¢atio., please let us k~o~4 so ~.~e can co~sider the effect of the cha~ge your exempt stat~s and fo~.dation stat~m. If yo~ ameod your ,:,rgaoizatio~al doc~e~t or bylaHs, please se,d ~s a copy of the amended document or byla~4s. Also, le~ ~s k~oN all cha~ges in your name or address. As of danuary 1, 1984, you are. liable f'or social sec,,~rity taxes t~nder the Eederal Ios~ra;~ce Contributions Act o~ a~o~ts of $100 or ~,:,re yo~ pay to each of yd~r employees dttri~g a calendar' year. Y,:,~ are ~ot liable for the tax i m~osed ~der the Federm I Unemp Ioy~e~t Tax f~6~ (FUTA). --. Organizations tha~ are-not private fot~nda~ions are no~ sub,ject to 'the pri-- tm foundation excise taxes :nder Chapter 42 of the Internal Reven~e' Code. .,o~ever, yo~ are not a~tomaticm, l ly e~empt from other federal, excise taxes- If yo~ have any questions ab,:,~t excise, employment, ,:,r other feds[al~ taxes, please let us kno~4. Donors, may deduct contributions to yo~ as provided in section 1.70 of the ln~e~al Reven~e Code. Bequests, legaciem, devises, transfers, or gifts to you or f,~'r your ~me' are. deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of' the Code. Oonors m~y deduct contributions to you only to the extent that their o~ntributions are gifts, ;4ith no c,)nsideration received, Ticket purchases and similar paynlents in conjunction ~4ith f~ndraising events nlCy m:,t necessarily q:alify as deductible, contributions, depending on the circumstances. Revenue R~I ing &7-24~, published in Cumulative Bulletin 1~67-2, on page 104, gives. guidelines regarding ~-ihen taxpayers may deduct payments for admission to, or other participation in, fundra-ising activities for charity. Vo~ are no~ required t,~ file Form ¢~0, Return of Organization Exempt From Income Tax, if' your gross receipts each year are n,~rmally $25,000 or less. Zf yo~ ~;eceive a FoFm'~O package i~ the n~ail, simply attach the label provided, check the box in the heading to indicate, that your annual gross receipts are -.normally $25,000 or less, and sign the return. If a return is required, 'it must be fi led by the 15th day o¢ the fifth ',nth after the end of .your annual accounting period. A penalty ,)f $20~..day · charged ~-~hefl a retur~ is fi led late, ~nless there is reasonable ca,se ~AIT~ 2001 MARCO ISLAND FILM FESTIVAL INC -3- t;he delay. H,:d,tever~ the n~aximu01 penalt;'? cl]arqed cannot exceed 5 per(:e~ ,:,f your gross recelp~:s f,:,r t;he year, Hhichever is less. For organizations t~ith gross receipts exceeding $1~000,000 in any year, the penalty is $100 per day per returh~ unless there i~ reasonable cause f'or the delay. The maximum penalty for an ,',rganizaticm I.~ith gross receipts exceedinu $1,000,000 shall not exceed $80~000. This penalty may also be charged if a re~urn is not o:,mplete. So, please be sure your return is complete before you You are not required to fi le federal income tax returns unless you are ~ubject to the tax on unrelated business income under section 511 of the Code. If yo~ are subject to this tax~ you must fi [e an income tax return ,:)n Form 990-T, Exempt Organization Business Income Tax Return. In this letter He are ;~ot determining I.~hether any of your present or proposed activities are unre- lated trade or business as defined in section 513 of the Code. You are required to make your annual return available for public inspection for three years after the return is due. You are als.) required to make available a copy of your exempti,:.n appl icati,:m, any supporting documents, and this ~xemption letter. Fai lure to make these documents available for publ ic inspection may subject you to a penalty of $20 per day for each day there is a failure to comply (up to a maximum of $10,000 in the case of an annual return). You need an employer identification number even if you have no employees. Zf-a.n employer identification number Nas not entered on ?our application, I,i.[-I assign-a--number to you and advise you .:)f i'b. Please use that number on all re~urns you file and in all correspondence ~.~i~h ~he Zn~ernal Revenue Serv i ce. · This de~eraiaa~io~ is based on evidence ~ha~ your f~nds are dedicated ~o ~he purposes, l is~ed in section 50~(¢)(3) of ~he Code. To assure your o3n¢in~ed exemp, eion~ ~ou should keep records ~o sho~ ~ha~ funds are spen~ only for ~hose purposes. If you distribute funds to other organizations, your records should show ;~hether t'hey are exempt under section 501(c)(3). In cases ~-,here the recipient organization is not exempt under section 501(c) (3), you must have evidence that the funds ~.~ill remain dedicated to the requ'ired purposes and that the recipient ~ill ~se the funds for those purposes. If yo~ dls~rlbu%e funds to Individuals, you should keep. case histories showing, the recipients' names, addresses, purposes of a~ards, manner of selec- tion, and reletionship (if any) to mealbers, officers, trustees or donors of funds, to yo~, so tha~ yo~ can substantiate upon request by the Internal Revenue Service an~ and-all,.distributions you made to individuals. (Revenue Ruling 5&-304, C.8; 175&-2, page If we said in the heading c,f this letter that an addendum appl es, the addendum enclosed is an integral part of this letter. Because this letter could help us resolve any questions about SEP !! 2001 Letter 1 ISLAND FILM FESTIVAL iNC 's~a~us and founda~i,:)n status, '?ou should keep ii; in your permanent records. If you have any questions, please c,3ni:ac~ '~l]e person Hhos;e name and telephone number are sho~n in the heading ,:,f' this letter. Sincerely yours, Ois~ric¢ Direc¢~r SEP 1t ~001 I_e~ter :[045 72-C ,<Rev. A,l~ril 1996) Department of the Treasury Internal ReVenue Service Consent Fixing Period of Limitation Upon Assessment of Tax Under Section 4940 of the Internal Revenue Code (See instructions on reverse side.} OMB NO. 1545-0056 To be used with Form 1023. Submit · in duplicate. Under section 6501(c)(4) of the Internal Revenue Code, and as part of a request filed with Form 1023 that the organization named below be treated as a publicly supported organization under section 170(b)(1)(A)(vi) or section 509(a)(2) during an advance ruling period, ¢~-xacr legal name of organization as shown in o antra 6 o ~: > ...... ' "'ii"' :;~';;;fl~;;hi) ................. ~OSU Office Box 2002 ....................... ~;~;~. ;;~3 ~,;] ;;-/~3 ;~;;;,-;~-~;~-~;~ ......................... Narco Island, Florida 34146 and the District Director of Internal Revenue, or Assistant Commissioner (Employee Plans and Exempt Organizations) Consent and agree that the period for assessing tax (imposed under section 4940 of the Code) for any of the5 tax years in the advance ruling period will extend 8 years, 4 months, and 15 days beyond the end of the first tax year. However, if a notice of deficiency in tax for any of these years is sent to the organization before the period expires, the time for making an assessment will be further extended by the number of days the assessment is prohibited, plus 60 days. Ending date of~ first tax year December 31, 1997 .' ............ ~¥,b: '&%;.' ~b' ~;£ ......... Name of organization (as shown in organizing document) Marco Island~ Film Festival Inc Officer or ' ' Date lans and Exempt Organizations) Dat-'-'--~'-- ;or Pa~ · MARCO ISLAND FILM FESTIVAL 2001-2002 Patricia Berry _BOARD OF DIRECTORS. P.O Box 2002 Festival Director Marco Island, FL 34145 Nick Campo President Marco Movies 599 S. Collier Bird Marco Island, FL 34145 Fred Shinn Maury Dailey Darrell Brown Cheryl Ferrara William Gifford Dale & Carolyn Glon Vice-President Secretary Treasurer 679 Cameo Court Marco Island, FL 34145 1307 Riverhead Drive Marco Island, FL 34145 5369 Cove Circle Naples, FL 34119 579 E. Elkcam Circle Marco Island, FL 34145 176 S. Collier Blvd #704 Marco Island, FL 34145 930 Cape Marco Dr. PH 3 Marco Island, FL 34145 Tom Ramsey Squire Sanders Damsey Ave. Louise 165 BX Brussels, Belgium Mary Lee South 642 Bimini Ave. Marco Island, FL 34145 Dan Wilkins Mike Weatherbee Jim Arnold Dick Broderick Legacy Films V-Clubs _ADVISORY BOARD Eugene, Oregon Waltham, Mass 1890 Calusa Court Marco Island, FL 34145 1100 S. Collier Blvd, # 1520 Marco Island, FL 34145 Maggie McCarty Lou Hernandez Craig Woodward 755 8~ Ave. South Naples, FL 34102 852 1~t Ave. South Naples, FL 34102 606 Bald Eagle Dr. Marco Island, FL 34141 SEP ~1 2001 MARCO ISLAND FILM FESTIVAL BALANCE SI tEE F DECEMBER 31, 2000 CURRENTASSETS: CASHIN BANKS DUE FROM SPONSORS DUE FROM TDC INVENTORY TOTALASSETS (I. 173) 5,000 Ill,(; t,1 2, 194 16.035 LIABILITIES AND EQUITY CURRENT LIABILITIES: · A/C PAYABLE 2000 ACCRUED EXPENSES 2000 TOTAL CURRENr I_IABILITIES LONG TERM LIABILITIES: NC PAYABLE 1999 A/C PAYABLE 1998 ACCRUED EXPENSES 1998 1999 DUE PAT BERRY 19,98 EQUITY: '10TAL LIABILI tIES 3,473 1,287 5,690 2`9,181 39,63 7(;,052 RETAINED EARNINGS CURRENT EARNINGS '- TOTAL LIABILITIES AND EQUI'IY (85,487} 26,071 (59,4 SEP 11 2001 MARCO ISLAND FILM FESTIVAL INCOME SI Al EM[~N I' YEAR ENDED DECEMI3ER 31. 2000 INCOME: TOURIST DEVELOPMENT COUNCIL GRANTS SPONSORS AND CONTRIBUTIONS MEMBERSHIPS AND SALES FUND RAISERS 87,000 9,398 55.798 38.659 3.618 TOTAL INCOME 194.473 EXPENSES: CELEBRITY PROMOTION INSURANCE AND CREDI'f EXPENSES MERCI4ANDISE OFFICE EXPENSES POSTAGE AND SI-lIPPING PUBLIC RELATIONS PRINT AND TV MEDIA PROMOTION AND EN I'ERTAtNMEN I RENT AND EQUIPMENT REN I'AL SUPPLIES UTILITIES, ~ELEPI lONE. & REPAIRS WAGES & LABOR NE I' INCOMI--' 47,045 6,718 3,005 6,844 11,172 20,998 1 B,264 2,646 15.318 6,471 10,779 19,14,1 I (;R.4t)3 2R.I1; I SEP 11 2001 OCTOBER 11-15, 2000 MARCO ISLAND FILM FESTIVAL ZOO0 ( or?orete Spot, sots PRIMARY SPONSORS MediaOne' This is Broadband. This is the way. ~ %~'~. MAJOR SPONSORS (oxygen)' Radisson. SUITE flEACII RESORT Marco Island Beach resort OF,FICIAL SPONSORS Marco Movies - Official'Marco Island Movie Theater Regal Cinemas - Official Naples Movie Theater Marco Island Eagle - Official Marco Island Newspaper Cyber Island - Official Internet Provider Eckerd's Drugs - Official Drug Store Samuel Adams - Official Beer Hilton Marco Island Beach Resort - Official Host Hotel Marriott's Marco Island Official Host Hotel - Official Host Hotel Radisson Suite Beach Resort of Marco Island - Official Host Hotel Olde Marco Inn & Suites - Official Host Hotel B103.9 WXKB FM- Official FM Radio Station Florida News Channel - Official News Channel WODX - Official AM Radio Station Jelly Belly - Official Candy American Airlines - Official Airline Continental - Official Airline A&E Network - Official Kid Fest 2000 Sponsor Kiwanis Club of Marco island,. Official Kid Fest 2000 Spo.nsor Arvida Realty Services - Official Student Compmition Sponsor Black Vodka - Official Spirits Court TV -Official Choices and Consequences Panel Sponsor Kodak - Official Film Imaging Sponsor Marco Island Yacht and Sailing Club - Official Tribute Gala Marco Island Office Supply and Printing - Official Ballot Sponsor Marco River Marina - Official Hospitality Yacht Sponsor Robert Mondavi Family of wines - Official wine Script Magazine - Official Screenwriting Panel Host Sponsor Stan's Idle Hour Restaurant - Official Closing Parly Sponsor SUPPORTING SPONSORS A& E Network American Movie Classics Art League of Marco Island Budget Car Rental Cilizens Community Bank Coca Cola Bottling' Co. CourtTV Diamond Properties Dunkin' Donuts Fiddler's Creek Fihn Festival Reporter Global 2-way. com Island Garden Center Kiwanis of Marco Island Marco Sunrise Rotary Marco Island Noon Rotary Marco Players Marco Town Center Mouse Pad Computers Much Music Network Murl)hy Bed Center Pepsi Cola Publix Super Markets Charities Qvc Pick's Island Salon Ritz Camera Centers Sprint Starz! & Encore Sunshine Network Turner Classic Movies TV Guide WMIB AM 1660 WODXAM 1480 Sponsored in part by rite State of Florida, Florida Dept. of State Division of Cultural Affair, the Florida Arts Council and the Collier County Tourist Development Council SEP !1 2001 MARCO ISLAND FILM FESTIVAL BUDGET -2002 INCOME: Admissions/Sales Corporate Sponsors Foundation Support Other Private Support State Support County Support Other Revenue In Kind Corporate Support TOTAL 57000 55000 5000 5000 2000 80000 20000 360000 584O00 EXPENSES: Personnel/Administrative Outside services Rent Travel Marketing out of County Celebrity Promotional Office Expense Telephone Equipment Rentals Other Expenses Entertainment Grant Expense Permits Insurance Awards Guest Transportation Signs and Banners Supplies Merchandise Shipping Intern Expense Payables Marketing-Lodging Services TOTAL 58000 10000 6300 2500 50000 30000 13000 5500 8500 4000 2200 1000 500 2000 5000 3000 2000 3500 5000 3000 9000 16446 360000 584000 SEP 11 2001 er'man ,Square, Suite L, IO0 . ] Do",mr, Delawa~ 19901 Administrative Offices/Mailing Address: 82 Hopmeadow Street Simsbury, Connecticut 06070-7683 NOT-FOR-PROFIT ORGANIZATION )IRECTO RS, OFFICERS AND TRUSTEES LIABILITY INSURANCE POLICY INCLUDING EMPLOYMENT PRACTICES LIABILITY COVERAGE DECLARATIONS IPOLICY NUMBER 8167-2685 ~IOTICE: THIS IS A CLAIMS MADE POLICY WHICH APPLIES ONLY TO "CLAIMS" FIRST MADE DURING THE 'POLICY PERIOD," OR, IF PURCHASED, THE DISCOVERY PERIOD. THE COVERAGE AFFORDED UNDER THIS ~OLICY DIFFERS IN SOME RESPECTS FROM THAT AFFORDED UNDER OTHER POLICIES. PLEASE READ THE '-'NTI_.__..RE F~OLlCY CAREFULLY. =-M 1. PARENT ORGANIZATION _ NAME AND PRINCIPAL ADDRE'-~"~--.. (a) Inception Date: October 1, 2000 (b) Expiration Date: October 1, 2001 at 12:01 a.m. both dates at the Principal .rco Island Film Festival Elkcam Cir. B-6 Box 2002 rco Island, FL 34146 ?__amzation: FL Address in ITEM 1. iM 3. LIMIT OF LIABILITY: 300,000.00 maximum aggregate limit of liability for all Claims made or deemed made during any Policy Year $ 500.00 tot, al premium. .~ $0.00 each Insured~laerson each Claim, but only for Loss as to which indemnification by the Insured Entity is not legally permissible or is not made solely by reason of the Insured: Entity.'s:financial insolvency. $O.00'each-Claim,. for'Loss:as to which indemnification ~_der Insurin A reement C by the Insured Entity is legally permissible · 6; ADEIITIONAL PREMiUM~FOR EXTENDED REPORTING PERIOD: 40%-of:_ annual, expiring premium, for one (1) year Extended Reporting ~r!n remium, for two f2) year Pedod ~._ dedRe orl:ingPeriod ON ....... ,= iul[l) ANQ (G)(2) MUST BE ADDRESSED TO: Vice President of Claims Executive Risk Management Associates P. O. Box 2002 ~C'F 0607O 8. ENDORSEMENTS ATTACHED AT ISSUANCE: 132 0/97 ed.) 98 (3/97 ed.) ~se'Declarations, thesigned and completed A Ii ' · · 're'agreement-between. the Unde, · pP_catlon...and the Pohcy, with endorsements, will constitute the ~vnter, the Insured Entity ancl the Insured Persons. orized Company RepresentaMve): -~2220S (9/96 ed.) · Counter Signature . AGENDA IT~--"'-~ SEP 11 2001 Catalog No. NFPd-I ENDORSEMENT NO. 1 SPOUSAL EXTENSION ENDORSEMENT This Endorsement, effective at 12:01 a.m. on October 1, 2000, forms part of Policy No. Issued _to Issued by 8167-2685 Marco Island Film Festival Executive Risk. Indemnity Inc. In consideration of the premium charged: The coverage afforded under this Policy shall, subject toall of its terms, conditions, limitations and exclusions, be extended to apply to Loss resulting from a Claim made against a person .who, at,he time the Claim is made, is a lawful spouse oran Insured Person, but only if: (a) the Claim against such spouse results from a Wrongful Act actually or allegedly committed by the Insured Person to whom the spouse is married; and (b) such Insured Person and his or her spouse are represented by the same counsel in connection .with such Claim. (2) (3) No spouse of an Insured Person shall, by reason of this endorsement, have any greater right coverage under'this Policy than-the Insured Person to whom such spouse is married. This Policy~hall not apply to Claims against the spouse of an Insured Person forany actual or ~alleged ~act, error, omission, misstatement, misleading statement, omission or breach of duty 'by,such ,spouse. All other .terms, conditions and limitations of this Policy shall remain unchanged. Authorized Representative D23832 (1/97) Page 1 ENDORSEMENT NO. 2 OUTSIDE DIRECTORSHIP LIABILITY.ENDORSEMENT This Endorsement, effective at '12:01 a.m. on October 1, 2000, forms part of Policy No. 8167-2685 Issued to Marco Island Film' Festival Issued by Executive Risk Indemnity Inc. In consideration of the premium charged: (6) (1) The term "Wrongful Act"*~vill also include.any actual or alleged act, .error, omission, misstatement, misleading statement orbreach of.duty' by.an Insured Person in the discharge of his or her duties in his or her capacity as a director, officer, trustee, volunteer orTnember of the staff, faculty or any duly-,constituted committee (an '"Outside Capacity") of any ~corporation or organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code, as amended from time to time (each an "Outside Entity"), while serving in such capacity atthe written request of the Insured Entity. (2) Section i1! Exclusions (E) will not apply to .Claims against Insured Persons for Wrongful Acts in their Outside Capacities with any Outside Entity. (3) No coverage will be available under 1his Policy for Claims by or on behalf of, or in the name or right of, any Outside Entity against 'any Insured Person for any Wrongful Act in his or her Outside Capacity. (4) , This Policy shall be specifically excess of (a) any indemnification of any Outside Entity available to.an Insured Person by reason of his or her service in an Outside Capacity, and (b) any insurance of any Outside Entity available to an Insured Person by reason of his or her service in an Outside Capacity. · (5) For purposes of determining the coverage available to an Insured Person with respect to one or more Outside Entities: (a) Loss (including costs of Defense) resulting from any Claim against an Insured Person by reason of such person's service in an Outside Capacity shall be deemed to be payable under Section I Insuring Agreement (B), if indemnification by the Insured Entity or such Outside Entity is required by law or is legally permissible, whether or not actual indemnification is made, unless the Insured Entity or such Outside Entity is unable to make such indemnification solely by reason of its financial insolvency; and (b) The certificate of incorporation, charter or other organizational and operational documents of the Insured Entity and such Outside Entity, including by-laws and resolutions, shall be deemed to provide indemnification to the Insured Person for his or her service with respect to such Outside Entity to the fullest extent permitted by law. In addition to and not in limitation of paragraph (4) above: D24198 (3/97) Page 1 Id,E:' SEP 11 2801 (a) If any Claim made against any Insured Person gives rise to coverage both under this Policy and under any other policy or policies of directors and officers liability or other similar insurance issued by the Underwriter to any Outside Entity, the Underwriter's maximum aggregate limit of liability under all such policies for all Loss in respect of such Claim shall not exceed the largest single available limit of liability under any such policy, including this Policy. (b) In the event Loss (including costs of defense) resulting from a Claim is covered in part under'this Policy and in part under any other policy or policies of directors and officers liability or other similar insurance issued by the Underwriter to any Outside Entity, the applicable retention set forth 'in the Declarations of each such policy shall be applied separately to that part of the Loss (including costs of defense) covered by each such policy, and the sum of the retentions so applied shall constitute 'the retention applicable to all Loss ('including costs of defense) resulting from such Claim; provided, however, that the total retention as finally determined shall in no event exceed the largest single retention set forth in :the .Declarations of either policy. (c) Nothing in this endorsement is intended, nor shall it be construed, to obligate or require the Underwriter to pay Loss under this Policy in respect of such Claim in any amount exceeding :the available Limit of Liability under this Policy. other terms,.conditions .and limitations 'of this Policy shall remain unchanged. Authorized Representative 024198 (3/97) Page 2 FROM : MARCO MARCO ISLAND FILM. VAL Fr~ ~inn F[bn Ih-oduce~ ' A~or John C. l]~klu~ F~lm Pmd~ N~ M~ P~ McK~ Film Pr~u~ Ma~a M~y VI, Film Sir ~m L~ci.~ State S~lator ISLAND FILM FESTIUAL FAX NO. : 9q13941736 Xul. 09 2001 ll:25AM July 9, 2001 Jane Eichh0m R_DC Coordinator Collier County Government 3050 North Horseshoe Drive #145 Naples, FL 34104 Dear Jane: On behalf of the Board of Directors and staff of the Marco Island Film FestYval I thank, you/'or your continued.interest and support of our event. Please advise when the 2002 festival request for fim&s will appear on the Collier County Board agenda so that we can make plans to be in attendance. Thanks again for all your help. Sincerely~ Marcel Festival P.O. Bo>:2002 - Marcolsland, Florida 34146 · Phone: 941-642 FEST (3378) . Website :v.~x~v. marcoi~l andfi hnfest cam E-mail:itffo~mar¢0islandfilmfa.~ SEP 2001 FAX: 941-39_~1736 com~. ~6 Pi 2 000 MA R CO ISLA ND FILM FES TI VA L IN REVIEW The third annual Marco Island Film Festival was another success. The festival presented over 80 films combined with panel discussions, informal chat sessions with celebrities, opening and closing night events, world premiers, and tribute celebrations to honor Celeste Hohn and Ben Gazzara. The third year brought three new student programs. i. Teacher Externship 2. Student Internships 3. Kid-lest We partnered with the District School Board ol'Collicr County to provide an externship program to two local l ligh School teachers. The program l~atured all aspects of fihnmaking, including writing, editing~ directing and production. Teachers from Gulf Coast and Lely High Schools were ot't~rcd a unique and valuable perspective of the fihn industry allowing them to dcvclop cutting edge curriculum for their classroom. Another successful new program is our International Student Internship Program. This year the festival was happy to provide internships to Ibm' students - Ben Reed from Taylor University, Indiana; Jcssica Mcllingcr, University ol'Tcxas; Nikki Barker, Stetson; and Susann Zchl, Technical University of llmenau, Germany. The program provides a hands-on work experience to college students tbr a period of three months up to one year. Students learn all aspects of producing a quality event while interacting with many vohmtccrs on a daily basis. Thc h~tcrgenerational combination of rclircd ¥oluntccrs and student interns provides thc festival with a valuable learning opportunily lbr all ages and brings great positive energy and cntlmsiasm to thc event. Kid-lest was establishcd to introduce film as an art [k)rm to all Prc-K to 12 grade students of Collier Cotmly. Six films were sclcctccl to appeal to each age group. The "[hmily friendly" films were scheduled Ibr Saturday and Sunday and included tl~e tllmmakcr availablc Ibr discussion at lhc end of'each Illin. Thc students were invited to write an essay on thc film and a "Critics Choice Ax~m'cl" xx'il[ be presented to the winners. Through the Collier County School system the Marco Island Film Festival was able Io mm'kef Kid-l~st to all 33.000 Collier County students. Our continued partnership with thc I:lorida Institute Ibr Film l~ducation provided the festival with professional jurors lbr our student film competition. Thc tkstival received hundreds of student films fi-om all over the world. Awards in al~~x;;~ ....... categories were presented at thc closing party and ceremonies. ~ [ff ~_ SEP 200 We were pleased to receive a Florida State Grant and Ibrmed new pal'lnerships with the Kiwanis Club and Rotary Clubs of Marco Island. Through the Collier County TDC support we were able to take the festival to the next level. The quality of films received this year was far superior to 1998 and 1999. The filmmakers and celebrities were extremely profi2ssional arid participated in panels, informal chat sessions, special events, and were available to the audience after each film. Please lind attached "letters to the editor" fi'om attending fi hnmakers. Another successful partnership this year xvas with Regal Cinemas. Through their sponsorship we were able to screen fihns at the Naples Pavilion Theater. The first year in Naples proved successful with several "sold out" fihns and the availability to screen a premiere to a larger audience. Their partnership also included slide marketing in 300 Regal screens throughout Florida. Media One and HBO were co-hosts of "Sandals and Cinema" our opening night event on the beach. This event continues to grow and our film on the beach brought record crowds while providing us with an identity separate from other festivals. The partnership with Media One brought us extensive local media coverage. By garnering information fi'om ticket sales and audience ballots, we approximate 8,500 attendees fi)r the five-day event. Festival visitors fi'om outside Collier County - Attendees Comn.tuted 14% - Attendees Home/Condo rentals 47% ,- Attendees l-lotels I I% - Attendees with fi'tends 6% - Attendees unknown 22'?/,, 37% October 17-21 arc thc dales I'{)r Ibc 2001 IL'stiv~l. '¢.'c have already submitted applications fi)r two SI;itc gra~ls, thc ('oilier ('otmlx' 'I'I)C grant, :Hid raising prqjccts arc UlldCrx~LIX . SEP 11 2001 MARCO ISLAND FILM FESTIVAL PROPOSAL TIMELINE Month One, 2000 - Notificalion of Funding Confirm steps in tile development of each component Contact Master Artists and FIFE Board representative regarding development schedule Month Two Develop database fi)r mailings Contact Collier County Teacher Inservice I-;ducation Identify Fihn Art Educator Develop Teacher Workshop Month Three Verify Inservice education opportunily Contact appropriate Depat'lmetlt Chairs and Principals Contact Teachers Develop Mentor and Master Artist components Solicit Mentor and Master Artist participation Month Four Deadline for student and emerging fihn entries Deadline lbr commitment of Mentors and Master At-lists Pre-festival Teacher Planning Workshop Month Five Jury for student and emerging fihn selections Assignments of Mentors and Master Artists Month Six Marco Ishmd Fihn Fcstival Month Seven Post festival Teacher follow-up workshop Month Eight Final reporting 2001 ~ :-uuz uo,u/ rrl lllLiL,If~ /IH~UU SHLb~ Hilton .~larco l~Iand Benu~ Besort Sur~ 11, 2001 Present to: Phone: Meeting Dates: Room R~uirements: Check In: Check Out: Guest Room Rate,: Tflx: Room Block/Deposits: Ms. Andr~ Johnson Msrco Island Film Festival 1276 Laurel Court Marco Island, FL 3414S 642-3378 F~: 3~-1736 October 16 - 20, 2002 50 Anticipated Attendarsc~: 100 p~r~ons 3:00 p.m. Noon $125.00 Sing/eJDouble $'225.00 One Bedroom $1,200.00 Penthouse Room Rates are valid until July 16, 2001. All rates are subject to 9% tax and are commissionable at 10% Croup room commitments will be hdd until 30 days prior to your arrival. At that time, any unclaimed rooms will be released. Reservation requests reoeivod ~ter this da~ ar~ subject to sp&ce a~ability. All reservations will be held until 4:00 p.m. unless guaranteed for late arrival. A first fright's deposit or maior credit card 8uaramee i~ required to hold each room. ' A Reso)t Fee of .$8.00 p~r room, per day, plus 6% t&x ~x51l be added to the room daily mad will include the f611owhag: · Coml~liraenlary 1o~ calls · Waiver oflol!g di~tarice "a0g~s" fee · Two bcacMo~e chair~ daily · C4xnl~i~ a~i.~slon m ~he Fitness Center · Complimentai. y in mom tuftee and ~e~ paci~ · Comp~imemary m:ws~.,r (Mo~y ~ · Co~~ ~c f~ 560 South Collier Roul~-ard. M~reo ~l~& FL ~41.1~ Tel: *1 941 394 5~ F~ +1 941 3948410 Guest F~ ~1 941 394 ~1 SEP !t 2001 03:02 FM HILTON MfiRCO SALES Page-2- Billing/Credit Arrangements: Special billing arrangements r~d the prior approval of our Credit Dgpartmeot. Please provide our Credit Manager with a complete direct bill application with your ~igned Leltcr of Agreement, Cancellation Policy. Transportation/Parking: Food & Beverage: Convention Coordinator, Recreation: Dining & Entertainment: Should you find it ru~ssary to significantly alter your space and/or accommodation rexluiremeats, plea~ notify us in writing as soon as possible. Should you r..anc¢l the arranl~ements within 45 days prior to yc~r scheduled ~ivai, the Hilton Marco lslaixi Beth Resort reserves the fight to impose a cane.~lation fee equal to (1) night's room and tax on your peak arriYal night. The Hilton Marco Island Beach l~sort provides all guesta serf parking on a complimentary basis and valet parking is included in the resort fee Special menu requests may be ammsed with the Cate, Lng/ Convention Services Manager. All banquet prices are subject to applicable tax and gratuity, currently 6% tax and 20°,$ gratuity. To assi~ you with your program needs prior to and during your meeting with us, a member of the Categing/Convemion Services staff'i-~ assigned to coordinate wilh you. This indi,ddual will serve as your liaison with all departmems in the hotel. The Hilton Marco Island Beach Re~ort is located diret.~y on the Gulf of Mexico and features an oversized, heated swimming pool, fitness center, water sports, area 8olfcourset, and altractions within close proximity. Paradise Card is open for breakfast, lunch and dinner. Sandcastles Restaurant is available for dinner. Room Service is available from 6:00 a.m. - 10:00 p.m. JUN-l 1-2001 ~!0~i 03:03 ?Ii HILTON Page -3- Guest Serv~ce~;Faci~ties: Conference Facilities: F'un~on Requiremmts: The Hilton Marco Island Beach Resort is an award winning property and has been honored with the Four Diamond, Gold Key and Zagat Awards and rec~ttly aamed one of.America's top tweaty re, sorts by Conde Na~t Traveler Mag~z;ne. Our staffis fluent in English, Spanish, French and Oerma~ A gift and sundries shop is locat~t on the lobby level and guess may also ~Rjoy shopping and movies located directly across the street. Om'junior suites include private balconies, in-room movies, hairdryer, coffe~ maker, iron/ironing board, mini bar and refi'iserator, in-room safe a~d robes, The t-rflton Marco Islaru:l Beach Resort often you over 10,000 squ~re fu'~ ofel~gant, yet fl~xible meeting space to accommodate groups of up to 500 people. Should you need meal fuactiom, our culinary staffhas the expertise and creativity to provide you wi:h some o£the most flavorful entrees and desserts ever savored at a banquet Based on the information provided, we can accommodate your requirements based on space availability. Plea~ let me know ffyou have any questions. I will follow up wilh you by .ruiy 1, 2001. Again, ttumk you for your consideration. Sincerely, HILTON MARCO ISLAND BEACH RESORT Dir~or of Sales a Marketing CW/th Enclosure sap 11 2001 08:88 FRO'q: RPD i SSON, MARCO PASE:Oi,'08 .Andrea Marco Island F",lm Festival PO Box 200:2 Marco Island, FL 34146 Dear Andrea: GreeTings fiom sunny Marco Island, a sun-drenched aquatic playground in Southwest Florida. The Eadisson Suite Beach Resort is the only beacbfront suite resort on Marco Island, complemented by 59 deluxe Bunt rooms creating a great'island atmosphere. We offer 10,000 square feet offlexible meeting space, a poolside bar, a 3,000 square foot Sundeck tbr group receptions, and many more amenitic% such as basketbalL tennis, wateraports, just to name few. The Sunset Lounge has a great view of the Gulf of Mexico and the Pavilion Coan'yard with two fountains is a lush paraxiisc to walk and relax in. Our new Sunset Orille is now open. We are in walking distance from local shops, restaurants and a cinema cafe, 30 minutes from the Everglades, 50 minutes from Fort Myers Airport and 30 minutes fi.om Naples. You will sense the sound and sparkle of water everywhere here in the world of the endless summer. The Radisson Suite Beach Resort is pleased to offer the following rates: October !6-20, 2002 , $149.00 per night, One-Bedroom Suite (PouI-Vi~w) ~ $255.00 per night, Two-Bedroom Suite (Maximum 5 people) , $~.00 per unit, per day, Group Service Fee to cover group services (including Bellmen/ltousekeeping gratuities) * ApProximately ~0 rooms * The above rate does not include 9% state and local taxes - These rates are net non.commissionabi¢ , This rates are available three days before and three days after the meeting based on availability It is our plcas~$e to offer your group ~he ~btlowi~xg considerations if the above room block is met * Complimentary Meeting Room Rental based on two catered meal functions per day , Comglimentar)' daily replenishment of coffee/tea in our units * Complimentary Local and 800 access phone calls , Complimentary incoming facsimile and in-room safe SEP 11 2001 -3DN-O? 01 B8:~9 FROM:RADIS~ON,MAR~O 1941~9~07~1 TO:9413941T]6 3une 7, 2001 Andrea Pase Two In addition to tile above considerations, the resort provides the £ollowing amenities and services: * Free Covered Parking "Valet Parking available at a nominal lee * Profelsional Conference Service Staff to assist you with ali your meeting needs * "Yes 1 Can Service" from our entire staff * Concierge Services ! look forward to working with you on >'our next meeting or event Please cai} me ~t (800) 992-0651 or .at my direct line 941-642-2465 discuss how Radisson Suite Beach Resort on Marco Island can fulfill all of your needs. Sincerely, /J}~lie Slaten (,,~ales M~ager SEP !1 2001 MARCO , ,^ o amoll. RESORT & GOLF CLUB June 7, 2001 Surety 85 Degrees! Ms. Andrea Johnson 601 Elkcam Circle - B6 Marco Island, FL 34145 RE: Proposal for Marco Island Film Festival Dear Ms. Johnson, Greetings from sunny Marco Island! I was excited to hear that you are considering our Resort for the upcoming Marco Island Film Festival in October. Based on our discussion, I am confident that the Maico Island Marriott Resort & Golf Club is the ideal facility for the Marco Island Fihn Fcstival. We understa'nd a variety of recreational activities arc important to this group. Ii'your guests arc beach fans, they will be ecstatic over our 200' wide private white sand beachcs. Should they not care for powder fine .~and between their toes, they may choose to relax around any of our three pools or jacuzzi. For a little more outdoor beach action, they may sclcct fi'om an extensive supply of water sports such as sailing, parasailing, waverunners, banana boats, and water trikes. The more popular tours that can be accessed right from our backyard, the Gulf of Mexico, are a catamaran shelling tour to small uninhabited islands or a guided tour of the 10,000 Islands on jet skis -perfcct to witness the natural beauty of the arca. I understand you were looking for Octobcr 10 - 22, 2001, I am plcascd to o f'fcr: Day Rate Tue. Wed. Thu. Fri. Sat. Sun. Mon Date $169.00 10/16 10/17 -10/18 10/19 10/20 10/21 10/22 No. of Rooms 50 50 50 50 50 50 i 50 This rate is net, non-commissionablc and is sub.j¢ct to a local tax of 9%, as w'cll as our daily Resort fee of $9.00 per room, per day. Resort Fee A fee of $9.00 per room, per day will bc applied to cover Resort serw'ices and amenities. These amenities include: complimentary local phone calls, library, incoming and outgoing faxcs (10 page maximum), daily sunset celebration, welcome cocktail, daily children's activities, complinmntary tennis and golf'clinic when applicable, and a $5.00 credit toward beach rentals. These amenities are subject to adjustments without -~notice. Please note that this fee is subject to the applicablc Florida sales tax currently at 6%. 400 South Collier Boulevard, Marco Island, Florida 34145 ~ Sales Phone: 0MI) 642-2794 ~ Sales Fax (94 -2682 Page 2 Highlighted below are a couple of our outstanding fealures: We're a 4-Diamond, 3-Star resort. Our staff is accustomed to handling groups of all sizes. Our customers consistently rank our service in the top (5) Mm'riott resorts in the world. We have recently been awarded among all Marriott's U.S. Convention Hotels and Resorts, the highest score in "Service," as well as ranked third as "Outstanding Product." We have also received Marriott's "Hotel of the Year" in 1997, the Gold Platter Award, Pinnacle Award, Ace Axvard, Gold Tee Award, Golden Links Award, Paragon Award, and the Planners Choice Award. WOW!! Our goal is to exceed your service expectations - while you are at our Resort we want you to be able to concentrate on maximizing productivity, not on finding a Marriott representative. Our resort features seven distinct restaurants and lounges. From the spectacular sunset views of Quinn's on the Beach to Cafe del Sol which offers excellent value for our family guests.., we have something for everyone. Once again, Ms. Johnson, thank you for your interest in our world-class resort, and we would enjoy acEommodating this important event. I will contact you next week to determine our next step. In the interim, pl,ease feel free to contact me at (941) 642-2701 should you have any questions. Sincerely, Lori Lazansky Sales Manager SEP !1 2001 EXECUTIVE SUMMARY TO REVIEW A FUNDING REQUEST FOR THE MARCO ISLAND HISTORICAL ,~s ~ocmx% mc. m ~ A~Ot~X or ~4s, ooo OBJECTIVE: To have the Board of County Commissioners review the funding request for the Marco Island Historical Society, Inc. to acquire property for the future Marco Island Museum, maintain and operate the museum for FY01-02. CONSIDERATION: On April 9, 2001, the Tourist Development Council reviewed three applications for Category "C "Museums project funding. The Tourist Development Council recommended funding by a 6-2 vote, to fund the Collier County Museum and the Botanical Gardens and not fund the Marco Island Historical Society, Inc. At the June 12, 2001 Board of County Commissioners meeting the Board approved an ordinance change to increase the Museum Category. The board directed staffthat for the fiscal year 2002 the Category "C2" would receive $500,000, which would be dedicated to the Naples Botanical Gardens. FISCAL IMPACT: Funds are not available in the current Category "C" collections of the Tourist Development Tax Fund for this program. However, $177,100 is available in FY02 Category "C" Fund (193) reserves should the Board of County Commissioners approve a portion of this application. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: The Tourist Development Council recommends denial of the Marco Island Historical Society's request and that the Board of County Commissioners review and uphold the previous decision. APPROVED BY: .'~.a~'~.-Eic~o~ TDC Coordinator DATE: wsing and Urban Improvement REVIEW BY: .~~.. DATE: H ~gsi n~anl idc~jI~an iD~7o;; ment Jo~tp M. Dunnuck, Interim Administrator C6mmunity Development & Environmental Services AGENDA ITEM No. SEP 1 1 .., 01 2002TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND HISTORICAL SOCIETY, INC. THIS AGREEMENT, is made and entered into this ~ day of ,2001, by and between the Marco Island Historical Society, Inc., a Florida corporation, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated to acquire, construct, extend, enlarge, remodel, repair, improve, maintain and operate Museums.; or promote Collier County nationally and internationally and for the promotion and advertising of the Museums with the intension of bringing tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council (TDC) and the County to use Tourist Development Tax funds to manage two museums, seven days a week~ fifty-two weeks a year, upgrade the display equipment and remodeling of the Museum at Old Marco and acquire property of historical significance for preservation and future construction of a central museum on Marco Island and promote Collier County nationally and internationally and for the promotion and advertising of the Museums be intended to bring tourists to Collier County particular during the months of May through November; and WHEREAS, the COUNTY desires to fund the proposed funding request pursuant to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the authorized expenditures as set forth in the Budget attached hereto as Exhibit "A," the GRANTEE shall provide for advertising and promotion of Collier County in general and the advertising, promotion and holding of special events in Collier County in particular during the months of May through ...... November nationally and internationally. Thre~~' PAYMENT: The amount to be paid under this Agreement shall Forty Eight Thousand Dollars ($348,000). SEP 11 2001 o o Approval of any said requested funding shall be subject to the discretion of the TDC and BCC. The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred to manage two museums, seven days a week, fifty-two weeks a year, upgrade the display equipment and remodeling of the Museum at Old Marco and acquire property_ of historical significance for preservation and futun? construction of a central museum on Marco Island and the promotion and advertis- ing expenses as described in paragraph 1 herein upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been properly pro- vided, and shall submit invoices to the County Manager or his designee. The County Manager or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in ac- cordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for au- dit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the At- tached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up tc ten~l~_~(o) at the discretion of GRANTEE. Adjustment in excess of ten pc 'cent (10%) o~0-~y SEP 1t 2001 10. 11. 12. line item must be authorized by the County Manager or his designee. No adjust- ment shall create an increase in the total budgeted amount of the contract. Any request for funds that exceed the total annual amount budgeted in Exhibit "A" shall constitute a request for an amendment to this agreement and shall be proc- essed according to County policies and procedures, including presentation to County staff for review prior to being placed on the agenda for presentation to the Tourist Development Council for a recommendation to the Collier County Board of County Commissioners. No funding in excess of the contract amount shall be ex- pended until approved by the Board of County Commissioners. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section One (1) are to be paid by the COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY"s written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or later if not known by the COUNTY within the one year period. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Develop- ment Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABIL- 13. 14. ITY-Statutory The Certificate of Insurance must be delivered to the County Manager or his des- ignee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities that are to be funded pursuant to this Agreement until the COUNTY has received the Certifi- cate of Insurance. MONTHLY REPORTS: GRANTEE shall provide to County mon¢I~-repo~s on the duties performed and service provided by GRANTEE, its /enroll> i I ~uu! tractors, pursuant to this Agreement. The report shall identi: the amount spent 15. 16. 17. 18. 19. 20. during the preceding 30 days in each of categories described in Exhibit "A" hereto including the duties performed, the services provided and the goods delivered dur- ing said period. GRANTEE shall take reasonable measures to assure the continued satisthctory performance of all vendors and subcontractors. CHOICE OF VENDORS AND FAIR DEALINQ: GRANTEE may recommend vendors or subcontractors to provide services as described in paragraph 1 herein. COUNTY shall be responsible for paying vendors and shall select all subcontrac- tors and vendors. GRANTEE agrees to disclose any relationship between GRANTEE and any se- lected subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. ..~DEMN~ICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and al/suits and actions includ- ing attorney's fees and all costs of litigation and judgments of any name and descrip- tion arising out of or incidental to the performance of this Agreement or work per- formed hereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. NOTICES: All notices from the COUNTy to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Marco Island Historical Society, Inc. William Tyson, President P.O. Box 2282 Marco Island, Florida 34146 All notices from the GRANTEE to the COUNTY shall be in wri duly served if mailed by registered or certified mail to the COUNT3 Jane E. Eichhorn Tourist Development Council Coordinator to:~. /(.-~ '~ SEP 11 2001 ~., ,.~", 3050 N. Horseshoe Drive, Suite 145 Naples, Florida 34104 21. 22. 23. 24. 25. 26. The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. NO PARTNERSH~.: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or any vendor or subcon- tractor of the GRANTEE, as an agent or employee of the COUNTY. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all mat- ters pertaining to this agreement and provide all information and documents as re- quested by the County from time to time. Failure to cooperate, as interpreted by the COUNTY shall constitute grounds for the COUNTY to impose sanctions that do not result in termination of this agreement, such as withholding payment. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors up to the effective date of the termination so long as such expenses are eligible. Provided, however, if GRANTEE fails to hold or com- plete an event or activity that was budgeted under paragraph one herein during the term of this contract, before the notice of termination, GRANTEE shall repay to the COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the incompleted promotion and advertising of the event or activity was sufficient to justify the use of tourist devel- opment tax funds. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenues related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. AVAILABILITY OF RECORDS: GRANTEE shall maintain al documents, papers and financial information pertaining to work this Agreement. GRANTEE agrees that the COUNTY, or any c ized representatives, shall, until the expiration of three (3) years ~erfd~u~3~ its q~ ~r final l:}a_yment 27. 28. 29. 30. 31. 32. under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transac- tions related to this Agreement. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. TERM: This Agreement shall become effective on October 1, 2000 and shall ter- minate on September 30, 2001. GRANTEE shall request an extension of this Agreement in writing at least thirty (30) days prior to the expiration date and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be returned to the County and made available for future applicants. AVAILABILITY OF FUNDS: This Agreement is subject to budget and col- lection of tourist development tax funds. EVALUATION OF TOURISM IMPACT: If advertising and promotion: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activi- ties, explaining how the tourism impact was evaluated and shall provide a written report to the County Manager or his designee within sixty (60) days of the expira- tion of this Agreement. If an event: GRANTEE shall monitor and evaluate the event identifying the success or failure of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident at- tendance and how attendance information was ascertained. GRANTEE shall pro- vide a written report to the County Administrator or his designee within sixty (60) days of the date of the event. The COUNTY shall be the owner of and in possession of the originals of all intel- lectual property created or furnished pursuant to this agreement, including, but not limited to drawings, paintings, photography, film, video, and printed documents, unless specifically exempted by the COUNTY. The COUNTY, pursuant to the policies and procedures of the execute and be a party to all contracts involving funds from the contracts involving COUNTY funds shall be executed in tl~ GRANTEE. C,, OUNTY, s~l! !COI4~/TY_. _No n~t~1~ ~P~%1 ~..q 33. RE U~_~_NOTATION_: All promotional literature and media advertising must prominently list Collier County as one of the sponsors.. 34. AIVIENT)MENT~S: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk WITNESSES: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:_ JAMES D. CARTER PhD, Chairman GRANTEE Marco Island Historical Society, Inc. (it). printed/Typed Name (2) PrinteddTyped Name PnntedfFyped Name Printed/Typed Title Approved as to form and legal sufficiency :.~ii~cqu~ine ~ubbar~ Robinson LsAss~stant County Attorney 2001 DATE: 12 COLLIER COUNTY GOVERNMENT TOURIST DEVELOPMENT COUNCIL GRANT APPLICATION SPECIAL CATEGORY MUSEUM GRANT MAR O1 1. PROJECT TITLE: Ke Marco Museum and The Museum at Old Marco 2. APPLICANT: ~ Marco Island Historical Societ_~inc. 3. TYPE OF APPLICANT: X._~_.NON. PROFiT. _GOVERNMENT AGENCY_ _ ORGANIZATI~-~ FOR-PROFIT ORGANIZATION 4. GRANT AMOUNT REQUESTED: $ q~.8. 000 5. MATCH/LOCAL COST SHARE AMOUNT: $ None - _ HISTORICAL MARKER 6. PROJECT TYPE (CHECK ONE) ~ MUSEUM GENERAL OPERATING SUPPORT MUSEUM EXHIBIT ACQUISITION & DEVELOPMENT HISTORIC RESTORATION ~ ARCHAEOLOGICAL SITE SURVEY _ __ COMMUNITY EDUCATION PROGRAM ~ EDUCATIONAL MATERIALS _ HISTORIC SITE DESIGNATION (FOR NATIONAL REGISTER OF HISTORIC PLACES) 7. In the space provided below, briefly describe the project for which funding is requested (do not attach additional pages): MUSEUM GENERAL OPERATING SUPPORT A. Manning of two museums, seven days a week, fifty-two weeks a B. Upgrading the display equipment and remodeling The Museum at Marc o ACQUISITION & DEVELOPMENT Acquiring property of historical future construction of a central signi~cance for preservation museum on Marco Island and year. Old Provide a 3x5 photograph, drawing, or conceptual view of the property, site or exhibit. 10. PROJECT INFORMATION: STREET ADDRESS: Key Marco Museum - The Museum at 01d 140 Waterway Drive, Marco Island Marco - 100 Palm St.~ Marco Island APPLICANT INFORMATI°N: ORGANIZATION NAME: Marco Island Historical Society, Inc. ADDRESS: Box 2282 Marco Island, FL 3~1~6 CONTACT PERSON & TITLE: William J. Tyson, President DAYTIME TELEPHONE NO: (9~1) ~9~ 0500 FAX NO: ( 9~1 ) 662-- 11. APPLICANT'S GRANT HISTORY:. Have you received previous grant assistance fi:om the Collier County Tourist Development Council? If so, specify the year, the project name and the amount of the grant awarded. GRANT AMOUNT YEAR. PROJECT NAME 1995 Key Marco Cat Exhibit Museum Advertising _ 2O0O $66,516.00 $15.900 SEP 001 12. ANNUAL MAINTENANCE: What is the anticipated cost of annual maintenance of the historic property, site, marker, exhibit or program upon completion of the project? Who will be responsible for annual maintenance and what is the source of on-going funding? Annual operating costs, including maintenance are estimated at $50,000 The Marco Island Historical Society will be responsible for maintenance. The source of on-going funding will be the museum,s operating fund. 13. What is your organization's current annual operating budget? $ 3,0 0 0 14. Provideabriefexplanationofthe DkectEconomiclmpactthispr~ectwillhaveonthesurrounding commu~ty. The Museum at Old Marco will be one of the primary attractions for people who will be staying at the Old Marco Inn. The Key Marco Museum is one of the primary attractions advertised at the Chamber of Commerce as well in the Marco Review (see attachment), of which fif~-five~copies are distributed annually. 15. What~thecurrentoranticipatedannualvisitationofyour ~cility? Currently at the Key Marco Museum 5 200 visitors, plus 120 school children. ' ' Visitation at The Museum at Old Marco is unknown at this juncture as we are not open yet. 16. PROJECT BUDGET: Summarize all of the major elements of the project (e.g. planning, acquisition, restoration, design, etc.) and the estimated cost of each item. PROJECT ELEMENT r ers ~ri~& Dervices Operating Expenses .Capital Outlay Property Acauisition GRANT FUNDS $~0,000 _ $38,000 $ o,ooo $25o.ooo MATCHING FUNDS None None None None $ None SUB-TOTAl, TOTALS: $ 31,8,000 ACURA ITEM SEP t? 11 10 17. How long will it take you to complete this project? 0ngoing, with the exception of property acquisition 18. MATCHING RESOURCES: List the sources and amounts of confirmed matching funds. LOCAL SHARE AMOUNT/VALUE $ N~ne None TOTAL MATCHING SHARE: CERTIFICATIONS 19. APPLICANT CERTIFICATION: The duly authorized representative of the applicant organization or agency must sign this certification before the application will be considered for grant assistance. I certify that the information contained in this application is tree and correct to the best of my knowledge, and that I am the duly authorized representative of the applicant. Name (type orprint): William J. Tyson Agency or organization: Marco Island Historical Society, Inc. Tkle: President Signature: ~,(,/tt..~44Ltx<_. ~-' ?.~¢-','k,. Date: 12 MAR 01 1t 2001 TWO MUSEUMS FOR MARCO Betsy Perdichizzi Marco Island will soon have two museums to tell its rich and varied past. Islanders who have enjoyed viewing history at the Key Marco Museum in tine Board of Realtors will be pleased to know that another museum is coming soon. The Museum at Old Marco, on Royal Palm Drive, is expected to help tell the fascinating history that unfolded there. The Key Marco Museum The first museum, the Key Marco Museum, established by the Marco Island Historical Society in 1997, is a free, privately funded, year round exhibit. It is open to the public five days a week from 9:00 to 4:00 and is located in the lobby at the Board of Realtors, Waterway Court, Marco Island. Private tours and school classes are scheduled and con- ducted by volunteer docents on an "as needed" basis. The museum exhibit details island history in a wide range of inter- pretative materials, artifacts and books, using wall space and museum display cases. The visitor learns about the incred- ible cache of ancient Calusa Indian treasure found on the island in the 19"' century, progressing to another area where there are displays concerned with early island pioneers and industries of the 20a century. An early Marco resident, Tommie Barfield, was in- strumental in helping to create Collier County and is featured in one case. The modem development of the island by Deltona is covered in another case. East Wall of Key Marco Museum, Board of Realtors, established 1997 14 The Marco Review January/February 2001 A Second Museum to be Established near Old Marco Inn The Museum at Old Marco, Number 168, on the second floor in the Shops at Old Marco, Royal Palm Street, is scheduled to open in January 2001. The new museum, approximately the same s~ze as "the other", will also be a free, privately funded, open to the public year round museum. Located in the heart of the quaint village of Old Marco, it is adjacent to the island's oldest and most cel- ebrated historic site, the Old Marco Island Inn Restaurant. Pat Kmtcheon, one of the principa, l new owners of the Marco Island Inn and Suites, and assistant Peter Fox, have worked with the Marco Island Historical Society to provide museum space to tell the story of this part of the island. Artifacts from the recent archaeological digs in front of the Inn and the surrounding building sites, will be featured as part of the exhibit. The rest of the exhibit remains under close wraps until the opening. The society,' is drawing upon all its many talents from here to the University of Florida to weave the magical tale of Old Marco. Look for the grand opening of this mu- seum in Janum-y. Both museums tell the unique history of Marco Island. Southwest Florida is a land renowned for its pleasant climate and varied animal and The hix~oric Old ,~larc ~ ltu~. ~ coll 2001 A ,.nt l~fe. It is remarkable for the eventful history J preh~story that unfolded in the area. The museums are for the benefit of the tourists and residents. As many as 35,000 tourists visit the area ~n season and many other thousands visit in the off season. A wide age-range of tounsts, retirees, families with children, and young people, seek more than .lust sunbathing and boating. Free interpre[ive brochures and pamphlets accompany the museum displays and often go home for a school report or as a collector's ~tem. The Society, founded in 1994, is pledged to preserYe the history and heritage of our community and has received enthusiastic support from the islanders as well as the business community. The Society is now accepting pioneer memorabilia: embroidew, old pictures, garments, feathered hats, beaded purses, shaving mugs, trains schedules, old maps, documents, or oral histories. Please call Bill Tyson. 394-0800 or Betsy Perdichizzi, 394-6917. For more information about the history of Marco Island visit the Marco Island Historical Society website: http://www, naplesfl.netl-marcode http://naples, netJclubs/mihistry.html http://marcoisland.conVhist°ry/index/html Other sites of interest: http://www.anthropology, uh.edu/Widmer/ F londaJkeymarco.html http://www.marcoeagle.com/islandinfo/history/ excavation.html Prompt, Courteous Service To & From Hotels & Residences Servicing Miami, Ft. Lauderdale, NapleS; Ft. Myers & Marco AirPOrts' · 24 Hour Service o Luxury ToWncar. Owner Operated · We Do Special Requests 642-3226 - ;' p I, : I I , SERVICES SeJ!ers Inc. Come see our new enlarged store in i Olde Marco~ near Caf~ de Marco! When you first see this store you may' wonder what ~t isthatthey sell. Well the answer ik .... all manner of things! You can rent camcorders to capture the beauty of Marco Island, or walkie-talkies to keep track of your loved-ones There's a great new line of sealife jewelry in sterling sil- ver and 14k gold and there's also etched glassware, such as photograph frames and trophies. Or how about a neon sculpture of a palm-tree or a fish to remind you of this tropical paradise or decorate your home here? The owner, graphic designer Paul Sellers, can create custom neon art and signs and makes faux glass etchings - vinyl graphics which give the effect of etched glass. Sizes range from the small off-the shelf designs costing a few dollars (they're useful to warn people not to walk into glass doors) to whole custom-made entrance ways. Paul also makes top quality' safety signs, lettering for boats and vehicles and can offer computer help and con- sultation in house or on site. It's eclectic, but interesting. Whether you're on vacation or live here year-round, Art Sellers is a store that's well worth a visit. 350 Royal Palm Dr, Olde Marco Phone (941)389-5269 * Cell #(941)572-4202 or email: artsellers@iname.com AUTO SERVICE CENTER Complete Service Import & Domestic - ASE Certified NAPA AutoCare Center 394-3944 ~ ~0 E. Elkcam Circ~ie~ Marco ' =~'~ January/February 2001 The Marc EXECUTIVE SUMMARY REQUEST BY DEBORAH JOUDREY, REPRESENTING WILLOUGHBY ACRES PROPERTY OWNERS ASSOCIATION, FOR A WAIVER OF RIGHT- OF-WAY PERMIT FEES FOR LANDSCAPING. OBJECTIVE: For the Board of County Commissioners to make a determination in the community's interest to either waive or not waive Right-Of-Way permit fees for the Willoughby Acres Property Owners Association. Since there are no criteria for the waiving of fees, the Board of County Commissioners must evaluate each fee waiver application on a case-by- case basis. CONSIDERATIONS: The Willoughby Acres Property Owners Association plans to landscape the fights-of-way within the subdivision. A Right-Of-Way Permit is required to install the landscaping. The club requests a waiver of the right-of-way permit fee ($125). The petitioner seeks the waiver since the Willoughby Acres Property Owners Association is a not-for-profit organization. FISCAL IMPACT: The required application fee for a fight-of-way permit is $125. If the fee waiver is granted, it will be necessary to reduce General Fund (001) Reserves in order to transfer funds to the Community Development Fund (113) to defray the review and processing costs of the permit. The Planning Services Department will submit a budget amendment request at the end of the fiscal year to cover all fee waivers approved by the Board. GROWTH MANAGEMENT IMPACT: Approval of this request will have no effect on the Growth Management Plan. AGENDA ITEM SEP 1 1 2001 RECOMMENDATION: Only the Collier County Board of County Commissioners may approve fee waiver applications. Since fee Waivers are requested by a wide variety of individuals and organizations, for various reasons, it is necessary for the Board to evaluate the conditions and reasons, which underlie the fee waiver application on a case-by-case basis. However, since the Planning Services Department will still perform the permit processing normally associated with the Right-Of-Way permit, without a fee collected from the petitioner, Staff recommends denial of the fee waiver. PREPARED BY: - PR~CIPAL PLANNER DATE REVIEWED BY: AN MURRAY, AIcp CURRENT PLANNING MANAGER THOMAS E. KUCK, PE INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: Jo}~N M. DUNNUCK, III INTq~RIM COMMUNITY ADMINISTRATOR DEVELOPMENT & DATE ENVIRONMENTAL SERVICES EXECUTIVE SUMMARY/ROW FEE WAIVER 2 AGENDA ITEI~ ~ SEP 1 1 2001 ~eischlj .~Erom: Richard Joudrey [rickrwal@mediaone.net] ,nt: Sunday, June 17, 2001 1:02 PM fredreischl@colliergov.net Cc: Stewart Carter; Craig and Gloria Blume; Cindy and Chip Michel Subject: permit fee waiver Dear Mr. Reischl: On behalf of our association, I would like to request that the Board of County Commissioners waive the $125 right-of-way permit fee so we can landscape our neighborhood ROWs, in accordance with plans we are submitting soon for approval by Collier County. Since Willoughby Acres Property Owners Association is a not-for-profit association which charges only $25 per year assessment to its members, the permit fee waiver would be a substantial savings for our beautification project. Thank you for your assistance in this matter. We hope the Board will favorably consider our request. Sincerely, Deborah Joudrey, Treasurer PS: this message was previously sent to you (with incorrect email address) on May 17, 2001, pursuant to our conversation, wherein you stated that you would advise us when the matter would come before the Board. It just came to my attention that the first email had not reached you when I started .~checking how long it had been since the time of my request. I inadvertently isspelled your name in the address. Thank you for your attention. AGENDA IT Ey~.~,~ No. SEP 1 1 2001 · Pg. ~ _ EXECUTIVE SUMMARY REQUEST BY THE UNITED ARTS COUNCIL OF COLLIER COUNTY FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER FINANCIAL SUPPORT FOR THE COUNCIL TO CONDUCT A CULTURAL NEEDS ASSESSMENT AND STRATEGIC PLAN OBJ'ECTIVE: That the Board of County Commissioners consider the United Arts Council's request for financial support to conduct a cultural needs assessment and strategic plan to promote the growth of the arts in Collier County. CONSIDERATION: On June 12, 2001, the United Arts Council of Collier County came before the Board of County Commissioners with a request for financial support to conduct a cultural needs assessment and strategic plan to promote the growth of the arts in our community. Their proposed plan included the establishment of a stakeholders' committee involving interested members of the community and representatives of community organizations to give direction to the assessment. At that time, the cost for this project was estimated at $75,000. To date, the following pledges of support have been received: The Community Foundation - $25,000, the United Arts Council - $10,000, State Street Global Advisors - $2,500, and the Ewing Foundation - $2,500. The United Arts Council is asking the Board of County Commissioners for a one-time pledge of $10,000. The Board expressed support for this undertaking with the understanding that the Council would provide a detailed cost-benefit analysis showing the actual funding needs for the project. The United Arts Council has submitted this information which is attached hereto for the Board's consideration. The United Arts Council has expressed that the cultural assessment and strategic plan will benefit Collier County in the following ways: Provide valuable data for location of new facilities Establish a level of community service for cultural activities Provide objective basis for TDC funding for special events Pinpoint underserved areas for county cultural program expansion Better utilize Public Services resources for cultural activities Better coordinate delivery of the arts throughout the county Encourage participation in the arts by all Develop a systematic approach to growth of the cultural life in the county Provide a resource guide for requests for arts funding SEP 11 20 1 FISCAL IMPACT: Should the Board decide to grant the Council's request, the $10,000 donation to private organizations will result in a $10,000 decrease in General Fund (001) reserves and a $10,000 increase in the Public Services Administration's General Fund (001) FY 02 operating budget. GROWTH MANAGEMENT 1MPACT: There is no growth management impact associated with this item. RECOMMENDATION: It is recommended that the Board of County Commissioners consider the United Arts Council's request for financial support in the amount of $10,000 to conduct a cultural needs assessment and strategic plan to promote the growth of the arts in Collier County. SUBMITTED BY: APPROVED BY: ~~/~~ate: I~athleen 1Vltel~/C arp~'n .. ~',~ Executive Se m~tdry ~-: '~:t~ Date: ~E. Ochs, Jr. Public Se~ices A~inistrator · / Agenda I~em No.. i~ 5EP 11 001 COLLIER COUNTY, FLORIDA CULTURAL ASSESSMENT AND STRATEGIC PLAN Why The United Arts Council: Section 265.32 F.S. provides for the creation of local arts agencies by each county £or such purposes as "surveying and assessing the needs of the arts, artists, arts institutions, community organizations sponsoring arts activities, and the people...relating to the arts." Pursuant to Resolution No. 84-81, dated April 24, 1984 the Naples Fine Arts Society, Inc. was appointed as the official representative of Collier County to promote the fine arts in Collier County. In the early 1990's Naples Fine Arts Society, Inc. amended its articles of incorporation to change its name to the United Arts Council of Collier County to better reflect its role as an advocate for the arts throughout the county and not as a presenter or performing arts group. Why Now: Even with the great cultural strides made in our community over the last decade, Collier County has not gotten broad based recognition (Money magazine rates Naples at the almost bottom of its Art Index for all Florida rated cities in its annual Best Places to Live report). Further, Collier County has not capitalized on the variety of artistic resources to bridge the expanding socio-economic gaps within the community or integrated the arts into the growth management or economic development efforts for the county. Finally, to follow-up on the recent study "The Economic Impact of the Arts on Collier County" conducted Florida Gulf Coast University in conjunction with the United Arts Council. What Can Be Gained: · A thorough review of the status of the community's art resources, through an inventory of all art offerings and activities · An examination of the financial health, marketing capabilities, and audience development of principal art organizations A look at plans for expansion of current offerings or for the start-up of new organizations and events · An identification of the art, ethnic, social and religious traditions integral to the identity of the community An evaluation of the impact of art activities on the local economy · An identification of the art and social needs of each population group, and estimation of the degree to which those needs are met by existing art offerings · An overview of population trends, changes in employment patterns, new housing developments, and other demographic information SEP 1t · An evaluation of the art activities and curriculum in the schools and of their impact on the young · A look at the potential impact of the community's art offerings on tourism and on attracting new business and residents to the area · An identification of the leadership roles that civic, social and art agencies, schools, religious organizations, businesses, and individuals can play in shaping the future art development of the community · Any and all other issues to be identified by the stakeholder committee Who Is To Be Involved: A Stakeholders (Steering) Committee of art champions is being formed to include arts organizations, services groups, city and county government, education groups including public, private and post secondary, business groups (EDC, NACC, etc.), religious organizations, social services, media, individual artist and residents (part and full time). Broad-based representation is necessary to eliminate bias and hidden agendas and to legitimize the findings. There is specific need for the active participation of a representative of county government on this committee to represent the interests of growth management and cultural issues facing us now and in the future. How Conducted: While the UAC will provide logistical support for the assessment process the Stakeholders Committee would identify/finalize key issues for investigation, and interview and select an independent arts consultant firm to conduct the assessment through data mining, one-on- one interviews and public forums. This committee will be responsible for the momentum of the project and report to the community on the findings and recommendations. How Funded: The estimate based upon survey of multiple LAA's in Florida suggest $75,000 would be necessary to produce a comprehensive arts needs assessment and cultural plan for Collier County. Pledge commitments to date include; The Community Foundation - $25,000, State Street Global Advisors - $2,500, the Ewing Foundation - $2,500 and the United Arts Council - $10,000. We are asking the Board of County Commissioners for a one time pledge of $10,000. Results To Be Achieved: · Stimulate greater public and private awareness and appreciation of the importance of the arts to the many faces of Collier County. · Encourage and facilitate greater and more efficient use of governmental and private resources for the development and support of the arts. Encourage and facilitate opportunities for all residents of Collier County to participate in artistic activities. Promote the development of local artists, arts institutions, community organizations sponsoring arts activities, and audiences. Facilitate the growth of our local artistic resources and identify areas for further study. Develop and implement the first strategic cultural plan for Collier County.-~-~. :..~ ...... Description of the Project: The United Arts Council (UAC) shall employ a Consultant to render professional planning services to objectively assess the state of the arts within the Collier County region. The assessment objectives identified (listed below) by our Stakeholders Committee are intended to support the UAC efforts to (a) stimulate greater governmental and public awareness and appreciation of the importance of the arts to the peoPle of Collier County, (b) encourage and facilitate greater and more efficient use of governmental and private resources for the development and support of the arts, (c) encourage and facilitate opportunities for residents and non-residents to participate in artistic activities, (d) promote the development of Florida artists, arts institutions, community organizations sponsoring arts activities, and audiences, (e) support and facilitate the preservation and growth of the county's artistic resources. The ultimate goal of the Assessment will be to convert the findings and recommendations into a five-year Strategic Cultural Plan that establishes current baselines with measurable goals, objectives and implementation strategies that will better coordinate the delivery of the arts, better utilize the available financial resources, encourage participation in the arts by the many faces of our community, promote the growth and development of the cultural life in Collier County and monitor progress towards the Plan's objectives. Additionally, the Assessment should be presented in a format that enables the UAC to easily communicate that findings and recommendation to the community. The Consultant will furnish all labor, materials, equipment, machinery, tools, apparatus, transportation, lodging, and means to conduct the Assessment. The following work for services will be required, at a minimum, for the Consultant to conduct the Assessment. Task 1-Initial Meeting with UAC and Stakeholders Committee: The Consultant shall meet or teleconference with the UAC and Stakeholders Committee and provide examples of work product/assessments that have been utilized by other communities. This meeting will also provide the Consultant the UAC and Stakeholders Committee the opportunity to clarify aspects of this project as identified by the participants. Task 2-Fact Finding: The Consultant shall review any existing assessment documents as well as other community plans and identify the most effective documents in this field. Fact-findings efforts should include, one-on-one interviews with major community leaders and organization, mailed questionnaires/surveys to targets groups and individuals and public forums and should incorporate the in-house expertise of the UAC staff. Task 3-Presentation of Draft to UAC: The Consultant will present a draft Assessment to the UAC and Stakeholders Committee and be prepared to respond to proposed modifications. Task 4-Adoption Meeting with UAC: The Consultant shall attend the adoption_ me~tin~; ..... i ~Ag-'nd. Item of the Assessment by the UAC. I No i Task 5-Delivery of Plan (Diskette): The Consultant shall provide the Assessment to the UAC in a reproducible work process/spreadsheet format. Objectives of the Cultural 'Assessment: Provide a thorough inventory/assessment of the community cultural (visual, performing, literary, dance and music) resources to include: 1. Identification of arts organizations and artists; 2. Current/planned arts programming including variety (main and non- mainstream), accessibility, affordability, seasonality; 3. Current/planned art facilities (stand alone and dual usage) including availability and affordable space for artists; 4. Financial health/sustainability arts organizations and audience saturation; 5. Promotion/marketing of arts--accessibility of information and tickets for general public and hospitality/travel industry; 6. Arts education (integration in curriculum), pre-school, after-school, primary, secondary and post secondary; 7. Availability of funding resources--public and private--for the arts; 8. Artistic disciplines not represented; 9. Evaluation of Public Arts programs; 10. Evaluation of the current economic impact of arts activity on the economy to include: gross revenues, sales tax generated, economic multiplier effect of the arts on other businesses, number and types of jobs created, quality of jobs and wages, impact on tourism, attracting new business and residents, and urban renewal; 11. Evaluation of leadership (governmental, civic, social and art agencies, schools, religious organizations, businesses and individuals) to include: level of cooperation with arts initiatives and coordination in arts programming, regulatory issues (permitting, zoning, etc); and 12. Role of local arts agency. Provide a thorough analysis of the cultural needs of the community to include: 1. Overview of populations trends, employment patterns, demographic information, market potential for the arts; 2. Identifying the art/cultural needs of population group/areas (with specific emphasis on underserved (minority, youth) and degree these needs are met by existing art offerings-accessibility (location), affordability, seasonality; 3. Need for additional art/cultural facilities--outdoor amphitheater; 4. The arts and early cognitive development and the at-risk population; 5. Need for magnet or charter school for the arts and identification of artistically gifted; 6. An arts in healthcare; 7. Tourism development; 8. Designated arts district; and 9. Arts incubator. SEP i-I 200i ' · Provide a comparative analysis with other communities with similar size, demographics and potential, identify what makes a great art community and identifiy of appropriate benchmarks to measure the Intellectual & Creative Vitality & Sense of Community · Provide recommendation and priorities. Agenda I tj.~m SEP Executive Summary Adoption of Collier County's 2001-2002 Legislative A.qend~ Objective: To adopt a slate of items of interest to Collier County in the 2002 legislative process in anticipation of presentation to the local legislative delegation on October 5, 2001. Considerations: The 2002 Collier County Legislative Delegation Meeting has been scheduled for October 5, 2001. This list of items has been prepared for adoption as the Board's legislative agenda for the 2001-2002 session. The legislative agenda will be presented to the legislative delegation on October 5. Following are Collier County's proposed legislative interests for the coming year: Code Enforcement Give code enforcement officers the ability to issue a mandatory notice to appear, i.e., without the ability for the respondent to merely pay penalties in lieu of appearance, and expressly state that the Notice to Appear provisions apply to the type of cases prosecuted under § 162.21, F.S.* Expressly authorize county courts to order correction/abatement of the violation in question; and for failure to comply with such order, authorize such courts to impose greater penalties within the court's jurisdiction.* *Staff recommends that these items be deleted from the legislative agenda pursuant to conversations with the Clerk of Courts and the identification of preferred alternatives. Transportation · Indexing of the Local Option Gas Tax. The state, over 10 years ago, authorized that the state motor fuel tax be annually indexed to the Consumer Price Index to allow the purchasing power of the tax to be maintained as costs increased over time. However, they did not provide for the same indexing of the Local Option Gas Taxes imposed by the Counties. As such, the buying power of the Local tax has decreased as costs have increased while the effective yield for the 6.9 cents of state motor fuel tax has increased to approx. 9.6 cents to keep up with increased costs to build and maintain roads. The proposed legislation will provide the counties the same indexing as the state already has. Support for continued funding of the County Incentive Program, the Transportation Outreach Program and the increase of state bonding for advanced bridge construction and right of way acquisition. · Legislative action to amend the Florida Intrastate Highway System (FIHS) to include SR 29 from 1-75 to SR 80 in Hendry County. With only 1-75 on the FIHS in Collier County, we are not in a position to compete for the increasing level of state and federal funds dedicated to FIHS projects. SR29 serves as an important corridor for goods movement, a catalyst for economic development in Immokalee and LaBelle and a by-pass of 1-75 in Collier County. While FDOT can add the segment (NOTE: SR29 from SR80 to US27 in Hendry County is already on the FIHS), this LOCAL BILL/SPECIAL ACT would raise the issue if FDOT does not act to include the segment. Collier had previously noted concern with the FIHS designation because it would require that higher Level of Service standards be maintained, but the standards will not place constraints and the option for funding needed multi-laning will be improved with the designation. Emergency Services Staff supports passage of a local bill that would require voter referendum on the issuance of additional EMS Certificates of Public Convenience and Necessity in Collier County under certain circumstances. Revisions to the current EMS Certificate of Public Convenience and Necessity (COPCN) language will have the following effects on Florida's EMS Systems: Will make EMS coverage in unincorporated or less populated areas both difficult and costly. The present COPCN process assures that EMS services are provided equally throughout a county regardless of population concentration and municipal boundaries. Will compromise the continuity of quality EMS service coverage. The COPCN process assures that all residents of a County receive quality EMS service equally. · Will undo current countywide EMS systems and create fragmentation. The Board of County Commissioners is elected to represent all citizens a County and they currently license and regulate EMS on a countywide basis. The COPCN legislation was enacted many years ago to prevent multiple ambulances racing to an emergency scene and fighting over the victim.' · Will require each EMS provider, both public and private, to obtain a COPCN from each city and county in which they wish to operate. The costs to each EMS provider for this additional regulation would be substantial. The burden on providers of complying with differing regulations imposed by various municipalities will be unworkable. Will lead to higher costs to the consumers and taxpayers. The multiple agencies providing services will have to maintain adequate infrastructures to provide services thus eliminating the cost savings realized through the economics of scale. Will inconvenience patients and physicians and increase costs to insurance companies, HMO's, Medicare, and Medicaid for treatment costs at out of plan hospitals because the patient was transported to a hospital within the municipal boundaries rather than to the hospital of the patient's choice. Support Services Real Property - Develop statutory authorization to pay for the acquisition of land and land rights in a more expeditious manner. - Staff recommends that this item be removed from the legislative priority list. Other solutions are being pursued in conjunction with the Finance Department of the Clerk of Courts. · Purchasing - Review and increase the allowable per diem paid to county employees engaged in the official business of the county. The county travel per-diem rates, as set forth under Section 112 of the Florida Statutes, haven't been changed for many years. Increasing the per-diem rate to $28.00 is recommended. This would provide $5.00/breakfast, $8.00/lunch, and $15.00/dinner. There is no method for adjusting or superceding this on the local level. Lee County has addressed this by securing approval to use a reference titled the Runzheimer Table that identifies rates for specific cities/locations. Human Resources - Adoption of statutory language allowing for the reimbursement of college coursework not directly related to a specific job title, duty or function but required for a job-related degree. F.S. 112.063 reads: "Reimbursement of county employees for educational expenses -- County constitutional officers and county commissioners are authorized to reimburse employees for educational expenses, subject to the following conditions: (1) The coursework must be designed to enhance the knowledge, skills, and abdities relating to official duties which the employees perform - - - ' Colher County supports a ohange to the Statute that would modify the job-related provision to give the County additional discretion. Specific wording: L.~ "The coursework must be designed to enhance the knowledge, skills, and abilities relating to the official duties which the employees perform or must be part of a pre-approved career development program for developing and retaining employees." Human Resources - Change to the Florida Retirement System increasing the multiplier used in determining the retirement benefit for regular class employees to 2.0. Staff supports a change to the Statute that would increase the multiplier from 1.6 to 2.0. This is very important to our employees. The multiplier is considerably lower than in many cities that set their own retirement benefits. The City of Clearwater, for example, uses a multiplier of .0275. Another recommended change would be to determine the retirement benefit by using the top 3 years of salary instead of the current procedure of using the top 5 years. Public Services · Support for the proposed $150,000 funding request in the State's FY 02- 03 Division of Plant Industry budget for the Horticulture Learning Center. The Horticulture Learning Center is being developed around the Collier County University Extension Center building to support outdoor educational programs in Horticulture, gardening, landscaping design and natural resource management. The center will be divided into a number of small space "theme" gardens, each in scale with and containing elements of a residential setting. Visitors to the Center can learn the "how-tos", the "whys", and "why-nots" of proper landscaping and gardening. · Request for reinstatement of IFAS budget reductions through adoption of the IFAS Workload Funding Formula. Whereas the IFAS state base budget was reduced by $1.5 million in 2001-02, leading to reduced support for Extension and Research programs in Collier County, we request the reinstatement of IFAS budget reductions through adoption of the IFAS Workload Funding Formula. Adoption of this formula will recognize workload increases for IFAS throughout Florida. A hiring freeze necessitated by the budget reduction affects a vacancy in Collier. · An Act Relating To Animal Control Last session bills relating to animal control came close to passage but died on the House calendar. Legislative relief is still needed to make essential controlled drugs available to animal shelters. These agencies are already permitted by the Drug Enforcement Administration to possess Schedule II and III controlled substances, but are prohibited from possessing some essential drugs by current statute. The act would allow the Board of Veterinary Medicine to establish, by rule, the legend drugs deemed essential for euthanasia and chemical immobilization and for which agencies can be permitted by the Board of Pharmacy. The act would also standardize required training for humane officers and animal control officers. The act would revise appeal procedures for dangerous dogs as a result of lessons learned from court cases. This legislation is supported by the Boards of Pharmacy and Veterinary Medicine, FACA, FVMA, and HSUSERO. · Cross reporting of family violence (position recommended by FACA) Last session bills were filed that would have required animal control code enforcement officers to report family violence. FACA continues to oppose this legislation. Since animal control officers are already required to report, we see no reason for this additional requirement, which includes criminal penalties for failure to report and an unspecified amount of mandatory training. More importantly it puts our officers into a high-risk situations as demonstrated by the high number of injuries incurred by law enforcement officers investigating family violence. Animal control officers do not have sufficient training, interaction with the family, nor contact time to detect anything more than obvious abuse or neglect situations. The family violence reporting system is already overloaded with reports with almost half of them being unfounded; assigning this responsibility to animal control officers would likely further overload the system. FACA supports the reporting of abuse and neglect of people or animals as required by existing laws and common sense. FACA feels that additional statutory reporting requirements are unnecessary, counterproductive, and represent an unfunded mandate. Social Service Issues It was requested that the Florida Association of Counties' social service aqenda also be included for consideration as part of the Collier County legislative agenda. The FAC policy statements are as follows: Elder Care/Long-Term Care Services: Due to the increased concern about nursing homes bankruptcies, Florida must identify and address what effective alternatives are available to provide long-term care to a fast- growing population. To ensure access to elder care and long-term care services, FAC supports the following legislative initiatives: SUPPORT initiatives to provide alternative care to nursing home placement and to include community-based care services as part of the definition for long-term care. SUPPORT strengthening county authority to define local systems of care and increasing funding flexibility by removing budget categories so that monies can be directed locally to meet community needs. SUPPORT increased state funding for community-based services, such as Community Care for the Elderly, Home Care for the Elderly, Medicaid Waiver, Alzheimer's Disease, Senior Centers, and the Assisted Living Waiver programs, respectively. Recommendation: That the Board of County Commissioners adopt the proposed legislative agenda for presentation to the local delegation on October 5, 2001. Prepared By: Michael A. McNees Assistant County Manager EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT THE ATTACHED RESOLUTION OPPOSING THE FURTHER DEVOLUTION OF HUMAN SERVICES FROM THE STATE OF FLORIDA TO LOCAL GOVERNMENTS AND COMMUNITIES UNTIL SUCH TIME AS A STUDY OF SUCH CAN BE CONDUCTED OBJECTIVE: To provide a more organized approach to what appears to be a State initiative to devolve human services from the State to the local level in Florida. CONSIDERATIONS: The State of Florida has in the last two years begun what appears to be a concerted effort to push any, if not all, human services that have traditionally provided by the State Government to either local communities or local governments. The process for these changes has not been well coordinated, nor has any study been conducted to determine that there is any economic benefit, service provision efficiency or quality benefit to the clients to be gained by changing the point of program. In cases where such services have already been devolved, such as the closure of the G. Pierce Woods Mental Health Center, there did not appear to be any real coordinated effort in advance to ensure that the local community was prepared to provide the services, nor was there commensurate funding provided from the State to the local jurisdictions to provide such services. In essence it appears that many of these programs have been under-funded in years past when they were State Programs. Now with budget reductions in Tallahassee, these programs are being delegated by law to local communities with even less funding than had been provided when they were State-run. The responsibility and cost of these programs will significantly impact local governments. A much more comprehensive look at this trend and should this devolution be the best solution, a more organized transition should be required. While there does not seem to be any adopted formal policy on the part of the State Government to devolve these services, it is clear that it is happening. Children's Services were devolved two years ago, and the closure of the G. Pierce Woods Center has forced local communities to provide these needed mental health services. Without some kind of organized response, it can only be assumed that this trend will continue, and that services will continue to be passed from the State to the local governments and communities without much advance research and/or preparation. At a recent meeting of the Regional Planning Council's City and County Manager's group this issue was discussed. It was agreed that the best way to deal with this issue was to ensure that the Legislature was made aware that local governments throughout Florida were aware of this trend. Further, that an organized message should be sent that as local governments believe that there should be a much more organized approach to this issue. Attached is a resolution that has been drafted by the Regional Planning Council Staff and modified for Collier County. A similar resolution will be considered by all local governments within the Regional Planning Council region and will also be forwarded to the Florida Association of Counties, the Florida League of Cities and forwarded to all other Planning Councils to develop the most unified position possible. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this particular resolution. Collier County has not adopted any optional elements that relate to any Health or Social Services. FISCAL IMPACT: There is no specific fiscal impact associated with this resolution. However should the State of Florida continue to send under-funded human services to local governments and communities, the impacts to the general fund, or the ad-valorem tax base could be very substantial. In Collier County there is no other funding source for these particular types of services outside of the general fund. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, approve the attached resolution and direct the staff to forward an executed copy to the Southwest Florida Regional Planning Council, the Florida Association of Counties, the Florida League of Cities and the other governmental jurisdictions within Southwest Florida. Prepared by: t.~~.-~~__~... Thomas~ --' ~W. Olliff, Count~.~ler ' RESOLUTION NO. 2001- A RESOLUTION OPPOSING THE FURTHER DEVOLUTION OF HUMAN SERVICES FROM THE STATE OF FLORIDA TO LOCAL GOVERNMENTS AND COMMUNITIES UNTIL SUCH TIME AS A STUDY OF SUCH CAN BE CONDUCTED 6 7 8 9 WHEREAS, the effective provision of human services is an expected component 10 of public services; and I 1 WHEREAS, the public also expects that services be efficient and without waste to 12 keep costs as low as practicable; and 13 WHEREAS, some efforts have been made to improve effectiveness and 14 efficiency through devolution; and 15 WHEREAS, a complete strategy has not been developed that balances authority 16 with responsibility, funding sources with funding needs, and community needs with 17 community capacities; and 18 WHEREAS, further devolution without such a strategy can and will lead to more 19 inefficient and less effective services, extreme management, fiscal, and legal problems 20 for overburder~ed local governments; and 21 WHEREAS, Florida has made good use of study commissions that are given the 22 mission to examine the issues and the results desired, and then make recommendations on 23 the management, fiscal, and legal reforms needed; and 24 WHEREAS, a study commission on the subject of devolution, beginning with 25 health and mental health issues would be timely. 26 NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County 27 Commissioners that a request be made to the Governor that the Legislature be requested 28 to create and empower a study commission on Human Services Devolution. The study 29 commission should be given a set time period to examine the results expected in effective 30 and efficient human services provision, and to return to the Governor and Legislature 31 with a set of recommendations that addresses the necessa~, management, financing, and 32 legal reforms needed for such a system within the State's government framework. No. ~ I IT IS FURTHER RESOLVED that additional devolution on this and other such 2 issues be held in abeyance until the study commission is created and its mission 3 accomplished. 4 IT IS FURTHER RESOLVED that the local governments within the region and 5 other regions in the State be asked to consider the passage of similar resolutions on this 6 subject. 7 This Resolution approved and duly executed this __ day of ,2001. 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 ATTEST: Dwight E. Brock, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: Chief Assistant County Attorney EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE A SETTLEMENT IN THE CASE OF TRULY NOLEN V. COLLIER COUNTY, CASE NO. 01-1870-CA, TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA OBJECTIVE: To obtain Board approval of a settlement in the case of Truly Nolen v. Collier County, Case No. 01-1870-CA, Twentieth Judicial Circuit in and for Collier County, Florida. CONSIDERATIONS: On June 12, 2001, this Board directed staff and the Office of the County Attorney to enter into negotiations with the plaintiff in Truly Nolen v. Collier County, Case No. 01-1870-CA, Twentieth Judicial Circuit in and for Collier County, Florida, with the object of attempting to have the lawsuit dismissed in exchange for assistance with preparation of a variance request or the waiver of a fee for a variance request. Such negotiations have continued on and off over the summer. At this time, neither counsel for the plaintiff nor the Office of the County Attorney believe that a variance provides a truly workable solution to the issues presented with respect to the display of the plaintiff's antique cars. In particular, the variance approach is problematic because a variance involves a determination of a specific land use rule change for a specific site or sites based on circumstances affecting such sites. It also would seem the property owner would have to seek the variance. Accordingly, the plaintiff has proposed a settlement agreement along different lines, the principal terms of which are set forth in the draft Settlement Agreement attached to this Executive Summary as Exhibit 1. The Office of the County Attorney is prepared to recommend this Settlement Agreement to the Board with certain modifications and qualifications in the language. Specifically, the Office of the County Attorney would propose the following changes in language: 1. Paragraph 3 of the draft Settlement Agreement would need to be rewritten to make clear that any such licensed vehicles would have to be indeed owned by any individual whose name was written upon them. Further, it would need to be rewritten to make clear that the freedom to display or park the vehicles at various places in Collier County would be limited to parking in legally designated areas for parking with permission from the owner or owners of the designated parking area. It also will need to be made clear that the Office of the County Attorney will be working with staff on the proposed amendment. AGENDA ITE~M NO. ;20-- SEP I 1 2001 Pg. I 2. The same qualifications would need to be added to paragraph 4 of the draft Settlement Agreement. 3. In paragraph 5 of the draft Settlement Agreement, the Office of the County Attorney would recommend that we insert the following language after the word "or" in the first line of paragraph 5: "would be impracticable for administrative or enforcement reasons". 4. The draft Settlement Agreement also will need to be modified to reflect proper signatures and attestations as is the case with any Settlement Agreement. The Board should take note that this proposed Settlement Agreement may ultimately be of no further force or effect if for any reason an amendment of the Land Development Code cannot be adopted or is not approved by the Board. GROWTH MANAGEMENT IMPACT: None identified as of the writing of this Executive Summary. FISCAL IMPACT: The indirect fiscal impact of County staff and County Attorney time being expended upon the researching and drafting the amendments to the Land Development Code and any related administrative requirements that may be involved in policing such an amendment. RECOMMENDATION: That the Board of County Commissioners approve the draft Settlement Agreement with the specified modifications and authorize the Chairman to execute the final settlement documents once they are approved for form and legal sufficiency by the Office of the County Attorney. SUBMITTED BY: Michael W. Pettit Assistant County Attorney DATE: APPROVED BY: b-a~id C. Weige~ County Attorney DATE: h:/Public/Litigation/Open Cases/Truly Nolen/exec sum ref draft setlmnt agrmnt.082901 2 AGENDA IT. EM No. SEP 1 I 2001 Pg. ~_~ 2001 3'43PM CHEFFY AND PASSIDOMO NO. 5300 P. 3/3 SETT_LEMENT AGREEMENT THIS AGREEMENT is entered into between Truly Nolan, Inc, and Truly Nolen (who are referred to collectively as "Nolen') and Collier County. WHEREAS, Nolen owns antique automobiles, licensed pursuant to Section 320.086, Florida Statutes, which have the name 'Truly Nolen' painted on them; WHEREAS, Truly Nolen, Inc. received a Notice of Ordinance Violation and Order to Correct for allegedly violating ordinances because antique automobiles were parked at various locations; WHEREAS, the parties wish to resolve any disputes between them. NOW, THEREFORE, in consideration of the foregoing premises and the following mutual promises, the parties agree as follows: 1. Nolen either has removed or will remove any corporate insignia (such as mouse ears or tails and decals) from antique automobiles parked in Collier County, The antique automobiles may have the name 'Truly Nolen" written on them without any reference to a business. 2. Nolen will immediately dismiss without prejudice the pending lawsuit, Truly NoleQ v_. Collier Gounty, Case No. 01-1970-CA pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida. 3. The County Attorney's office will use reasonable efforts to oause the Land Development Code to be amended to permit antique automobiles licensed pursuant to Section 320,086, Flodda Statutes, such as the ones owned by Nolen with "Truly Nolen" written on them, to be parked in Collier County. 4, During the time that the County Attorney is exercising reasonable efforts to cause the Land Development Code to be amended, the County will suspend all enforcement activities in regards to Nolen's antique automobiles and Nolen may park them throughout Collier County. 5. If the County determines that such an amendment would not be legal or if the County Commissioners vote against the amendment, this Settlement Agreement shall be of no further force and effect, and the County may, after reasonable notice, resume enforcement as it deems appropriate, and Nolen may raffle a lawsuit, as he deems appropriate. COLLIER COUNTY By: Date: TRULY NOLEN, INC. By: Truly Nolen, President Date: EXHIBIT 1 TRULY NOLEN Date: AGENDA ITEM~. SE? I 1 2001 MEMORANDUM DATE: TO: FROM: RE: July 24, 2001 Mr. Thomas W. Olliff, County Manager Commissioner Coletta, District 5 Resolution regarding Collier County's opposition to lowering the speed limit and/or restricting the use by commercial vehicles on the Tamiami Trail between Naples and Miami. Would you please have the appropriate staff prepare a resolution mimicking the attached resolution and have it ready for one of our September BCC meetings? Thank you. . /Jim Coletta, Commissioner, District 5 JC: nkr 01,/24/1994 1 3:19 813695~020 '::IT'," L-iF E~,'ERG~_a[,ES RESOLUTION 19gg- ~ a~olph~e ~ndullve good he~, e~fe~, mhd prosper~: .~ AND WHER~ ~ I, ~e duty~o promct I~ oitizenm ~om ~e~rren~ to the best interest Of la citizens In r~d to good hea~. ea~e~ ~d proaparl~; ~ AND ~ER~8 ~ere I~ no hgspl~l or e~eFgency clinic wills ~e City Llmit~ of the ~ af Everglsd~ Ol~ ~d ~e closet fecili~ In ac~=sed only'by the 3 ~lami Tra~l AND ~ER~S emergency ve~lclea ~e requlr~ by law to ~y wlthb~ the limits m~lmum AND ~ER~6 NI ~ltlzens nad busings entitl~ wills the CI~ Limits ~re dependent on g~d~ dellv~ ~ ~e C~ by commercial ~u~s; AND ~ER~8 ~e mNor e~o~ of ~e C~ of E~rglad~ City Is highly perishable fr~h S~ogd produc~ ~d co~m~ctN highway vehicles ~re required to tr~spo~ ,~d to manet; AND WHER~S a reduced epe~ lime on U. S. 41 woulO endanger ~e lives of Citizens need of emergency heal~ ears by Incr~lng ~e time to AND WHER~8 using ~ al~rnative to U. S. 41 would stgn~lcantly Increase the time of tr~it for emerg~cy v~lOle~ ~d commercial sea. od carriers, ~ 1he incre~ed dtstanca cr~d by al~m~tive r~t~ for commsrclal cwrier, will Increaae ~eight aeltve~ AND ~ER~8 oltizena have a right t~ de1Ne~ of furniture, ~pllances, and other goods to their hom~; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Everglades City thL~ 5th day of October. 19gg. that any attempts to lower the speed limit and/or restrict use by commercial vehicles on the 1'salami Trail between Napl~ and Miami are vigorously opposed by the City of Eve,'glades City and will be defended against by any and all available means. CITY OF EVERGLADES CITY 8y:~._ ~. SZ---'-~-C=-~ilton, Jr., M~r Att~t: of Woodward, Pirea & Lomb~do, P.A. 2002 INTERLOCAL TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE FOURTH OF JULY FESTIVAL OBJECTIVE: To have the Board of County Commissioner approve this agreement between Collier County and the City o£Naples regarding the Fourth of July Festival. CONSIDERATION: On June 15, 2001 an application for the 2002 Fourth of July Festival was reviewed by the Special Events Committee and the committee recommended funding the event in the amount of $50,000. On June 25, 2001 the Tourist Development Council reviewed the request for funding for the Fourth of July Festival in the amount of $50,000 and approved it unanimously. The $50,000 will fund the travel, accommodations and some event expenses for the Military Personnel participating in the Festival. This Inter-local Tourism Agreement is contingent on the approval of the Naples CiO, Council. FISCAL IMPACT: The request of $50,000 is available from fund 194 Advertising/Promotion and Special Events reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners accept the 2002 Tourism Agreement between Collier County and the City of Naples and authorize the Chairman to sign the agreement. E. ~ichhorn, TDC Coordinator sing and Urban Improvement Date REVIEWED BY: APPROVED BY: Greg Mi/halic, Director Housing and Urban Improvement Da(e / ~Cdmm~D~& Environmental Services ~C~>?//~A':~''TE~ J~nM. Dunnuck III, Interim Administrator Date ,~, SEP 2001 2002 INTERLOCAL TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE FOURTH OF JULY FESTIVAL THIS AGREEMENT, is made and entered into this ~ day of ,2001, by and between The City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan. provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advertising of activities or events intended to bring tourists to Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for a Special Event with the City of Naples for the Fourth of July Festival from July 1-6, 2002; and WHEREAS, the COUNTY desires to fund the proposed special event to this Agreement. NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide the Event. The date(s) of the Event may not be changed without an amendment to this Agreement as provided in Section 18. 2. PAYMENT: The amount to be paid under this Agreement shall be Fifty Thousand Dollars ($50,000.00). The GRANTEE shall be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section '1 upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. GRANTEE shall determine that the goods and services have been propel shall submit invoices to the County Administrator or his designee. The Count, designee shall determine that the invoice payments are authorized and the g covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGI]3LE EXPENDITURES Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request to repay said funds. COUNTY may request repayment of funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person AGEND~A ITEM 2001 WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: GRANTEE shall provide to County monthly reports on the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant to this Agreement. The report shall identify the amount spent during the preceding 30 days and the duties performed, and the services provided and goods delivered during said period. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 6. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COUNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE's limit of, or lack of, sufficient insurance protection. AGENOA ITEM SE? 11 2001 8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Donald J. Wirth, Community Services Director City of Naples 735 8th Street South Naples, Florida 34102 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Manager Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 9. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 10. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination pursuant to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended pursuant to this Agreement, unless the Board of County Commissioners detern nes .,~at the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. 11. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PROH/BITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 14. TERM: This Agreement shall become effective on [date Board approves] and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. AVAILABILITY OF FUNDS: collection of tourist development tax funds. This Agreement is subject to budget and 16. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the event identifying the success of the event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event]. 17. REQUIRED NOTATION: All promotional literature must prominently list Collier County as one of the sponsors. and m e d i..~.~ ~,~,,,---- AGF~D ,BEP 11 2001 18. AMENDMENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., Chairman WITNESSES: GRANTEE (~) PrintedFryped Name (2). By: Printed/Typed Name Bonnie M. MacKenzie Printed/Typed Name Mayor Printed/Typed Title Approved as to form and legal suffici~ency ~ Ramiro Mafialich Chief Assistant County Attorney (corporate seal) AGENDA )TE.M SE? I! 2001 pg. r7 Exhibit "A" Project Budget City of Naples: $50,250 Corporate Sponsors $20,000 TDC Accommodations $27,500 Meals $14,000 Travel $ 8,000 Equipment $ 500 Total $50,000 The first three items are associated only with bringing the Military Personnel in for the event. SEP tl 200l Fourth of July Celebration 2002 PLEASE INCLUDE THIS CHECKLIST WITH YOUR FINAL SUBMISSION TO INSURE THAT ALL REQUESTED DOCUMENTS ARE INCLUDED. PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: {It is not necessary to provide a copy of these items with the 25 copies.} D (1) Charter, Articles of Incorporation, By-Laws, Proof of Current Status, i.e. Annual Report on file with the Secretary of State - Except Government entities. D (2) IRS Determination Letter - Except Government entities. D (3) List of current officer~ and board members, indicating terms, or mayor, City Council, etc. (4) Copy of financial statement for the most recently completed fiscal year - Except Government entities. (5) Letters of commitment from co-sponsors; (6) Budget narrative (detailed Exhibit · Name of Preparer. {PRINT)~-~ Signature of Preparer: 2 06-I]]-0 AGEND^ ITEM $~? 11 2001 10 PO4 Collier County Tourist Development Council Grant Application Organization Information Review the guidelines prior to completing this application. Submit an original and twenty-five (25) copies of the application with attachments to Jane E. Eichhorn, TDC Coordinator, 3050 N. Horseshoe Drive, Suite 145, Naples, Florida 34104. Application Information Applicant (legal name of organization): City of Naples Address (street or box, city, state and zip code): 735 8th Street South, Naples, Fl. 34102 Telephone # (941) 213-1000 Fax # (941) 216-1010 E-Mail Address: CityCouncil~naplesgov. com Federal ID #: 596000382 Contact Person: Kevin Rambosk Title: City Manager Organizations Chief Official: Bonnie R. MacKenzie/Herb Luntz Title: Mayor Name of Event and Brief Description: 4th of July Celebration 2002 to commemorate Independence Day. ~p 11 2001 ollier County Tourist Development Council Grant Application Organization Information Area of Event Impact (Location in Collier County): Downtown Naples, the Pier, Cambier Park, Gulfcoast High School, Gulfview Middle School, Vineyards Community Park, Immokalee High School and Barron Collier High School. Event Date: July 1 -6, 2002 Total Number of projects contained in this application: One Tourist Tax Dollar Requested: $50,000 Total Amount of match: $70,250 Certification of Authorizing Officials I certify that the facts contained in this application are true and complete to the best of my knowledge and understand that, if employed, falsified statements on this application shall be grounds for refusal. I authorize investigation of all statements contained herein and the references and employers listed. I authorize Collier County to make any investigation of my credit or employment status. Organization's Chief Official Herb Luntz Typed Name Social Security Number Scope of Work Organization: Naples Event Name: 4th of July Celebration 2002 Goals & Objectives: To promote and celebrate the meaning of Independence Day. · To provide an off season event to attract out of county visitors. · To provide an educational and entertainment experience. Benefits: · Positive economic impact to Collier County and the City of Naples. · Promote effective and cooperative sponsorship with government sectors. · Media exposure to Collier County and the City of Naples. and private In a cooperative effort with the City of Naples, Collier County Government, Collier County Public Schools and the private sector, attached is the projected events schedule for this years celebration (exhibit B). Collier County Tourist Development Council Preliminary Status Report Event Name: 4th of July Celebration Report Date: June 13, 2001 Organization: City of Naples Contact Person: Herb Luntz Title: Military Coordinator, Naples 4th of July Celebration, 2002. Address: PO Box 770414, Naples, Fl. 34107 Phone: (941) 591-1915 Fax: (941) 514-3913 AG£NOA ~TE.~ ~ As we have witnessed in the past, the event continues to grow. We project, besides the local public/private st~ponsor p~rticipation, the following military units and/or others to be here for the 4 of July Celebration between July ! - ~, 2002. 1. 283rd Band- Ft. Benning, Ga. 2. 3rd Division Band -Ft. Stewart, Ga. 3. USMC Band - Albany, Ga. 4. USAF Band - Warner Robbins AFB, Ga. 5. Civil Air Patrol Band - Maryland, DC. 6. USAF Honor Guard/Drill Team -DC. 7. Rolling Stock - Ft. Stewart, Ga. & Patrick AFB, FI. 8. SOCOM Jump Team - MacDill AFB, Fi. 9. F-15's - Tyndall AFB, FI. 10. MP Colors- Ft. Stewart, Ga. 11. USN Band -Jacksonville, Fl. 12. USMC Colors - Tampa, Fl. 13. USAF Security K-9 Units - MacDill AFB, Fl. 14. USAF Ground Support for Tyndall AFB Fly-By. The Ramada Plaza Hotel & Four Points Sheraton have committed, along with Houlihan restaurant's (letter's attached), with significant discounts. We are projecting 500 room nights. SEP 11 200I Exhibit City_ of Naples, Florida July 4th Celebration 2001 Projected Event Schedule 7/3 - 7:00 p.m. - Concert, Gulfcoast High School- 283~4 Army Band Halfiime - USAF Honor Guard/Drill Team, CAP Fife & Dram Corps 7/4 - 7:00 a.m. - Breakfast for visitors and team members at V.F.W. Post #7369 8:15 a.m. - Veterans Memorial Service- Gulfview Middle School Activity Room, Conducted by Dr. Vincent Carroll, Capt. USN, Retired, Including a wreath laying and taps 9:00 a.m. - Parachute Drop- SOCOM Team, Gulfview Middle School Soccer Field, Prior to Jump- USAF Honor Guard/Drill Team, CAP Fife & Drum Corps 10:00 a.m. - Parade begins at Broad Ave. S. and 3rd ST. S., invites at reviewing stand 10:10 a.m. - USAF Fly Bye- above the Parade Route- F-15's 10:13 a.m. - Civilian Fly Bye- above the Parade Route- Vintage Aircraft 12:00 p.m. - Rest time with Refreshments- Naples Women's Club for all visitors, team members and Government Officials 1:00 p.m. - Lunch Buffet- VFW Post #7721- Visitors and Team Members 3:30 p.m. - Concert- Vineyards Community Park, including USAF Honor Guard/Drill Team demo., static displays, USAF dog team demo. and 283rd Army Band and CAP Fife & Dram Corps At the Naples Pier and Beaches 9:00 p.m. - Fireworks- Naples Pier 7/5 - 9 a.m. - CAP Fife, Drum and Bugle Corps at Immokalee High School. All students to be served complimentary food. 7/6 - 2 p.m. - CAP concert band, swing band and Fife and Dram Corps perform at the Cambier Park Band Shell. VFW ritual team presents colors. 7/7 - 10 a.m. - CAP Fife, Drum, and Bugle Corps, Concert Band and Swing Band perform military tattoo and instrumental clinic Collier High School staditLm, uo. /~.~ SEP 11 2001 Zgh~b,Projected Event Schec:ule-& Data IIdoc CJI3' of Nap_l_e~s~_Florida July_4.t_h___Ce_l_ehrat_iign___2_o~o_l_ Projected Events Schedule, cont. Civil Ak Patrol Fife, Drum and Bugle, Concert Band and Swing Band Activities 7/4 - 8:15 a.m. - Bugle plays taps at the memorial service Gulfview Middle School 8:45 a.m. - Fife and Dram Corp demo. Prior to SOCOMjump, duration: 5-7 minutes 10:00 a.m. - Fife, Dram and Bugle Marching Unit, marches in the parade 3:30 p.m. - Fife, Drum and Bugle mt presents short show at the Vineyards Community Park 7/5 - 9:00 a.m. - Fife, Dram and Bugle trait presents short show at the lmmokalee High School, all students to be served complimentary food. 7/6 - 12:00 p.m. - Rehearsal at the Cambier Park, band shell, show includes Fife, Drum and Bugle, Concert Band and Swing Band 2:00 p.m. - Concert Band concert with VFW Ritual Team presenting colors prior to the National Anthem. At intermission, Fife, Dram and Bugle perform short show at the front of the stage. Second set will be performance by the Swing Band. Announcer will either be a member of the CAP or Herb Luntz 7/7- 10:00 a.m. - Tattoo/Clinic at Barron Collier High school Stadium, including Fife, Drum and Bugle, Concert Band, and Swing Band. All students and CAP cadets both locally and throughout Southwest Florida will be invited to bring their own instnnnents and sit in with the CAP Units. ITEM SEP I1 200~ FREE ENTERTAINMENT DATE: SATURDAY, JULY 7, 200'1 LOCATION: BARRON COLLIER HIGH SCHOOL STADIUM TIME: '10:00 A.M.- 3:30 P.M. We are honored to have with us, as part of our 4th of July celebration; one of the finest military type musical groups in the Nation. It is the Civil Air Patrol, Maryland Wing National Military Music Academy. This group consists of a Fife, Drum and Bugle Corps, a Concert Band, and a Swing Big Band. They will perform a semi-military style "tattoo" at the Barron Collier High School Stadium on Saturday, July 7, 2001 beginning at 10:00 a.m. A military "tattoo" is when a marching unit playing military style marches performs intricate field marching exercises in front of bleachers containing an audience. You are invited to watch and learn how such an organization came into existence and performed during the American Revolutionary War Period. They will wear authentic uniforms of that time and will play on hand-made instruments of exactly the same type that were used during that time is our history. You are invited to bring a musical instrument if you own one, feeling free to ask questions of the musicians and learn from them what true military field marching is all about. This is different than the kind of marching units performing in our schools at the present time. You will also have an opportunity to sit-in with their concert band and big band, if you so desire and enjoy playing along with these fine professional musicians from the Maryland/DC region. You may have seen this group perform at such places as Arlington National Cemetery, the White House, and on the mall with the Marine Corp Band whenever called upon to do so. As stated by GENERAL GEORGE WASHINGTON on June 4, 1777 "Nothing is more agreeable and ornamental than good music; every officer, for the credit of his corps, shall to take care to provide it..." There is no cost for this and you are welcome to invite your parents or anyone else to come with you, while you enjoy this unique experience. There will be food and drink available at the stadium should you desire to take advantage of this opportunity to eat and drink. We hope to see you there on that date. !1 2001 The Naples Fourth of July Committee 06/12/2001 03:14 9414344620 CIT~ OF NAPLES PAGE 01/01 Memo TO: FROM: DATE: RE: HERB LUN'I"Z, MILZTARY COORDINATOR NAPLES 4th OF .1ULY CELEBRATe'ON KEV'i'N RAMBOS}(~. CZTY MANAGER .lUNE 12~ 2.001 TDC FUNDZNG I am pleased to advise you that it is the intent of the City of Naples to support an application along with Collier County Government for a TDC funding grant for the year 2002. We will process, as in the past with documentation, all requests for reimbursement concerning military related expenses for the July 4th, 2002 celebration. Kevin't~a'mbosk, City Manager City of'Naples doc 200! PLAZA HOTEL June 8, 2001 Herb Luntz Military Coordinator for the Naples 4th of July Celebration Committee Subject: Participation in the 4th of July Event Dear Mr. Luntz: This letter comes as an expression of our cooperation and commitment to making the Naples 4th of July 2002 experience a successful one. Much like our experience in 2001, we expect to be available for occupancy at not only the illustrious Ramada Plaza Hotel, on Pine Ridge Road, but also at the newly built and soon to be opened, Four Points Sheraton, situated at the corner of US 41 and Davis Boulevard. Both of these properties have fine dining on-site and presented by Houlihan's Restaurant, serving breakfast, lunch and dinner seven days a week. We hope to continue participating as an integral component of this event for many years to come. If there are any questions that I might answer, please do not hesitate to contact me at your earliest convenience. Thank you and as always, Respectfully submitted, ?", _/f L, ' '"--~ --'~' Scott Martin Roth Executive Manager 2001 R:\,~I.-\DA PLAZA HOTEL ~ 1100 Pine Ridge Road o Naples. FL 34108 ~ Phone: (941')430-3500 o Fax: (941') 430-3501 FourPoints' Sheraton June 8,2OO1 Herb Luntz Military Coordinator for the Naples 4th of July Celebration Committee Subject: Participation in the 4th of July Event Dear Mr. Luntz: This letter comes as an expression of our cooperation and commitment to making the Naples 4th of July 2002 experience a successful one. Much like our experience in 2OO1, we expect to be available for occupancy at not only the illustrious Ramada Plaza Hotel, on Pine Ridge Road, but also at the newly built and soon to be opened, Four Points Sheraton, situated at the corner of US 41 and Davis Boulevard. Both of these properties have fine dining on-site and presented by Houlihan's Restaurant, serving breakfast, lunch and dinner seven days a week. We hope to continue participating as an integral component of this event for many years to come. If there are any questions that I might answer, please do not hesitate to contact me at your earliest convenience. Thank you and as always, Respectfully submitted, Scott Martin Roth Executive Manager Four Points Sheraton Naples 1785 5th Avenue South, Naples, FI0r;da 34102, U.S.A., (941) 261-3500 Fa'< (941) 430-3501 SEP !1 2001 Collier County Tourist Development Council Criteria For Grant Evaluation Funding application will be scored in six (6) categories on a one hundred (100) point scale. Category I Commitment To The Expansion of off-Season Tourism Minimum of 25 points required in this category to receive funding. 1. Evidence that the event will serve to attract out-of-county visitors generating hotel, motel, campground room nights during a no-peak period; that the program, event, or facility, will be marketed to the fullest extent possible in an effective and efficient manner; that the requesting organization has given consideration to the cultural and entertainment needs of residents and tourists; and the demonstrated willingness of the organizers to work with the tourism private sector in cooperation promotional efforts such as packaging rooms, attractions and the event. Points will be awarded on the basis of events that will attract visitors during non-peak tourist periods. Non-peak tourist periods will generally be defined as the months of May through November and the first two weeks of January but may vary according to area of the County the event may impact the greatest. Points will also be awarded for projects that serve more than one area of Collier County, that take place in and/or serve areas of potential cultural growth (Collier County underserved areas) and encourage and actively promote cultural diversity. Assuming qualified applications are received from all geographical areas within Collier County, the Special Events Committee and the Tourism Alliance will make an effort to insure equitable distribution of funds throughout the County. 2. Evidence of growth potential of the event in subsequent years and the commitment of the organization to reasonable and orderly expansion of the activity. 3. Include statements from the accommodations general manager or sales director attesting to the number of room nights generated by the event in the past. (If the event is new and has no track record, see item "4".) 4. Include commitment statement from accommodations agreeing to package rooms for this event. 5. A detailed business plan must accompany the application for th 11 Category II Out of County Promotion Maximum Fifteen (15) Points 1. Proposed out of County advertising/marketing plan and budget must be included as an attachment to the application. Category III Soundness of Proposed Event Maximum Fifteen (15) Points 1. Extent to which the event planning has advanced to a stage where the organization has clearly identified the event and described its basic components; assigned responsibilities and accountabilities; prepared a timetable for implementation; realistically conceived and basic components are complete and directly related to each other; probable effectiveness of the event and its individual components to accomplish stated objectives; includes community support and coordination of resources of government agencies and the private sector and evidence that funding sources have been identified and required match is available. Category IV Organization Stability and Management Capacity Maximum Twenty (20) Points 1. Proven record or demonstrable capacity of the organization to develop resources, prepare and effectively implement the proposed activity. 2. Extent to which the organization has a successful history of service in Collier County. 3. Document ability to administer public sector funding. 4. Provision for regular, timely reporting to the TDC on the progress of event. 5. Demonstrate the internal financial controls to accomplish the activity within the budget. 6. Evidence of staff and volunteer capability and qualifications. 7. Completeness of application. 12 AGE~A I TF.F~ SEP !1 200t Category V Quality and Uniqueness of Proposed Event Maximum Fifteen (15) Points 1. Extent to which the event has substantial tourism, artistic, cultural, or other significance giving emphasis to creativity and merit. 2. Extent to which the activity provides a program for the County and its residents of significant merit which without such assistance would not otherwise be available in Collier County. First Time Applicant First Time Applicants Ten (10) Points A first time applicant must give as much detailed information on the event as possible. If the event has not taken place in the past, identify that and give as much information in the preliminary status report. Point System The Points System will be based on a minimum score of 50 points. Year of Funding Request 1st 2nd Maximum % of Funding Allowed Up to 100% Up to 90% 3rd Up to 80% 4th Up to 70% Amount recommended for approval wilt be based on the final score. After the fourth year of requesting Tourist Tax funding the event should have enough sponsors to fund the event without using the Tourist Tax. If a request for funding is submitted after the fourth year, the Special Events Committee will take it under consideration whether to submit the application in the process. A detailed explanation letter of why funding is needed will be required before any review of the application takes place. For second and third year requests special consideration will organizations that have secured additional support through pi, corporate contributions. 13 ivat~ o_gr_[_~.t~t~ / i I SEP 1! 1001 ! EXECUTIVE SUMMARY APPROVE TOURIST DEVELOPMENT FUNDING FOR THE GARDEN PREVIEW PROJECT AT THE NAPLES BOTANICAL GARDENS OBJECTIVE: To have the Board of County Commissioner approve the use of Tourist Tax for the Garden Preview Project at the Naples Botanical Gardens. CONSIDERATION: On April 9th and June 4th 2001 the Tourist Development Council recommended funding the Botanical Gardens $750,000 pending the proposed TDC ordinance amendment. On June 5, 2001 a proposed ordinance amendment was brought to the Board of County Commissioners. Category "C2" Museums owned and operated by non-for-profit organizations and open to the public would be allocated $500,000. The board indicated that the $500,000 would be dedicated to the Naples Botanical Gardens for FY02. FISCAL IMPACT: The $500,000 is budgeted in fund 193 Museums for FY02. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the FY2002 Tourism Development agreement between Collier County and the Naples Botanical Gardens, authorize the associated budget amendment, and authorize the Chairman to sign the agreement. '/Sane E. Eichhorn, TDC Coordinator ~Housing and Urban Improvement ° Date REVIEWED BY:~.~ Greg Mih,~fi~'' l~irect°r , Housing ~tnd Urban Improvement APPROVED BY: Jc~an'M. D~'nnuck III, Interim Administrator Date Clbmmunity Development & Environmental Services AGENOA ""' SEP I! 200i 2002 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDENS THIS AGREEMENT, is made and entered into this __ day of' ,2001, by and between the Naples Botanical Gardens, Inc., a Florida not-for-profit corporation, hereinaker referred to as "GRANTEE" and Collier County, a political subdivision of' the State of' Florida, hereinafter referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and WHEREAS, the Plan provides that certain of. the revenues generated by the Tourist Development Tax are to be allocated for the promotion of' tourism in Collier County nationally and internationally, for the promotion and advertising of activities or events intended to bring tourists to Collier County and, among other things, to construct, extend, enlarge and improve museums owned and operated by not-for-profit organizations and open to the public; and WHERJEAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to develop and implement the Garden Preview Project; and WHEREAS, The Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A", the GRANTEE shall develop and implement the Garden Preview Project, (hereinafter "the Project"). 2. PAYMENT: (a) The amount to be paid under this Agreement shall be Five Hundr_45,~L_T. housau6----~ ($500,000). The GRANTEE shall be paid n accordance with fiscal pJ SEP !1 200i 1 County for the expenditures incurred as described in Paragraph lherein upon submittal of invoices and upon verification that the services or work performed as described in the invoice have been completed or that the goods have been received. (b) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the County Manager or his designee for review. (c) The County Manager or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. (g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A". 3. ELIGIBLE EXPENDITURES: Only eligible the expenditures described in Paragraph one will be paid by COUNTY. (b) COUNTY agrees to pay eligible expenditures incurred between July 1, 2001 and the expiration of this agreement. (c) Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COUNTY within 30 days of COUNT'~s-written~req~s~'"' to repay said funds. 2 (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance must be valid for the duration of this Agreement, and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER' S COMPENSATION AND EMPLOYER' S LIABILITY - Statutory (c) The Certificate of Insurance must be delivered to the County Administrator or his designee within ten days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence promotional and advertising activities which are to be funded pursuant to this Agreement until the Certificate of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: (a) GRANTEE shall provide to County monthly reports on the duties performed and services provided by GRANTEE, its vendors or subcontractors. (b) The report shall identify the amount spent, the duties performed, the services provided and the goods delivered during the preceding 30 days. 6. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. 3 7. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide serv'ices as described in Paragraph one. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 8. INDEMNIFICATION: (a) The GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed hereunder. This provision shall also pertain to any claims brought against the COLTNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient insurance protection. 9. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deemed duly served if mailed by registered or certified mail to the GRANTEE at the following address: Ms. Sondra Quinn President/CEO Naples Botanical Gardens 4820 Bayshore Drive, Suite D Naples, Florida 34112 4 AG~,~ iTEM SEP !1 200i All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Jane Eichhorn, Tourist Development Council Coordinator c/o Housing & Urban Improvement Director 3050 N. Horseshoe Drive, Suite 145 Naples, FL 34104 The GRANTEE and the COUNTY may change the above mailing address at any time upon giving the other party written notification pursuant to this Section. 10. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 11. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documantation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 12. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. 13. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 14. If GRANTEE fails to complete the activity budgeted under paragraph one herein during the term of this agreement, GRANTEE shall repay to the COUNTY all funds expended by the COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the incompleted activity was sufficiently performed to justify the use of tourist development tax funds. GRANTEE may request an extension of time of up to twelve (12) additional months to complete the Project with the express consent of the Collier County Board of County Commissioners. 5 15. GENERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement must be recorded, and all expenditures must be incurred within the term of this Agreement. 16. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) years. 17. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until the expiration of three (3) years after final payment under this Agreement, have access to, and the right to examine and photocopy any pertinent books, documents, papers, and records of GRANTEE involving any transactions related to this Agreement. 18. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the COUNTY. 19. TERM: This Agreement shall become effective retroactively to July l, 2001 and shall remain effective for one year until September 30, 2002. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of paragraphs thirteen (13) and fourteen (14) herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 20. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 21. EVALUATION OF TOURISM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the County Administrator or his designee, along with a final budget analysis by August 30, 2002. 22. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 23. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, at~er review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk '~SSES: Deborah R. Mounts Pri?ld/Typed Name Newton Davis Printed/Typed Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James Carter, Ph.D Chairman GRANTEE: NAPLES BOTANICAL GARDENS, INC. Sondra Quinn Printed/Typed Name Approved as to form and legal sufl~iency ( J3icq. t~line._Hub~'~r ~t Robinson KAssistant County Attorney 7 (corporate seal) The application and back-up material will be available for viewing at the following locations: Housing and Urban Improvement Department 3050 N. Horseshoe Drive, Suite 145 Clerk of Courts Minutes and Records Department 3301 E. Tamiami Trail Harmon Turner Building - 4th floor For further information call Jane Eichhorn, Tourist Development Council Coordinator at 403-2332 EXECUTIVE SUMI~RY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MASTERS RESERVE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: TO approve for recording the final plat of "Masters Reserve", a subdivision of lands located in Section 28 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Masters Reserve" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement ~-- for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Masters Reserve" be approved for recording. FISCAL IMPACT: The project cost is $1,260,002.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 440,352.00 - $ 819,650.00 The Security amount, equal to 110% of the project cost, is $1,386,002.20 AGEND,~ II;EM., SEP 1 1 2001 Executive Summary Masters Reserve Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $23,605.00 Fees are based on a construction estimate of $1,260,002.00 and were paid in June, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)-$ 700.00 b) c) Paving, Grading (1.3% const, est.) GROWTH MA/~AGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 2201.76 Drainage, Paving, Grading (.42% const, est.)-$ 3442.53 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 6605.26 Drainage, - $10655.45 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHEOLOGICAL IMPACT: archeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: There are no historical or That the Board of County Commissioners approve the Final Plat of "Masters Reserve" for recording with the following stipulations: Approve the amount of $1,386,002.20 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. AGENDA ITEM SEP 1 1 2001 Executive Summary Masters Reserve Page 3 Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date Da[e APPROVED BY: ~ rator John ~. DuDduck III, Interim Administ es Community Development & Environmental Servic Date j rh AGENDA ITEM SEP 1 1 2001 CL U~ , NAPLES ~'~ ~ PROJECT , , LEL ~ LA~ES EAGLE CREEK /,' SE;. ~CINITY MAP N.T.S. AGENDA IT~.M -- SEP 1 1 2001 pg. /'-//..~ EXECUTIVE SUMMARY FINAL ACCEPTANCE OF WATER UTILITY FACILITIES FOR CRYSTAL LAKE TERRACES @ EAGLE CREEK, PHASE 1 OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Crystal Lake Terraces, Phase 1, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on September 9, 1998, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $1,067.30, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. SEP 1 1 2001 Executive Summary Crystal Lake Terraces, Phase 1 Page Two RECO~4ENDATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Crystal Lake Terraces, Phase 1, and release the UPS to the Project Engineer or the Developer's designated agent. PREPA/~ED BY: Shirley Nix, 'iEn~i~eering Technician II Engineering ,Review Services Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Services Manager and Interim Planning Services Department Director Date APPROVED BY: attachments Date AGENDA ITEM N~. SIP 1 1 2 01 PROJECT OO^TtON HAP AGENDA ITEM SEP I 1 2001 ~:: ~'~ .-,.. sq,.,.. ~: [.,.[ c.E,c ,',O,ENTZES,Z,C' : PAY ~o ORDER OF 880NE THOUSAND SIXTY SEVEN DOLLARS kNO ]0 CENTSIS sSCOLLIEI COUNTY BOA8§ OF I1Sl Issued ~ Integrated Payment Systems I~c., Englew~od, Co,'~dc WoJ~s F~r~nk (Co O~do} N.A SEP 1 1 2001 Pg. Z~ Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners Trans Number Date Post Date i Payment Slip Nbr 82368 7/8/98 3:03:02 PM 7~8~98 I MS 39278 Sub-Div: Crystal Lake Terraces at Eagle Creek Payor · EAGLE CREEK Fee Information Fee Code Description ! GL Account 12BOND i DEPOSITS-COMM DEV (CASH BOND) 67000000022011300000 Amount $1067.30 Total $1067.30 Waived Payments Payment Code i Account/Check Number i Amount 'CHECK 153690319 I $1067.30 j Memo: Total Cash Total Non-Cash Total Paid $0.00, $1067.30 ! $1067.30 Cashier/location: FROLOFF_E / 1 User: NIX S Collier County Board of County Commissioners CD-Plus for Windows 95/NT SEP I I 2001 ~8-3!03:30 PM EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE THE STATE FISCAL YEAR 2002 STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) ALLOCATION, RECOGNIZE ADDITIONAL CARRY-FORWARD, AND ESTABLISH FISCAL YEAR PROJECT NUMBERS IN THE AFFORDABLE HOUSING TRUST FUND. OBJECTIVE: To recognize the State fiscal year 2002 State Housing Initiative Partnership (SHIP) allocation, recognize additional carry forward, and establish fiscal year project numbers in Fund 191, the Affordable Housing Trust Fund, so as to track both receivables and expenditures according to the State Fiscal Year and three-year State expenditure requirements. CONSIDERATION: Collier County's affordable housing programs use monies received from the Florida Housing Finance Corporation through the State-wide SHIP program. These funds are distributed and budgeted on the State fiscal year, which runs from July I through June 30. The Florida Housing Finance Corporation also has a three-year expenditure deadline on all SHIP monies disbursed. This budget amendment will establish three separate project numbers in Fund 191 to both track each year's SHIP monies separately and allow budgeting on the State fiscal year calendar. This amendment will also recognize the State FY2002 SHIP allocation. The amendment also recognizes additional carry-forward in the SHIP account. FISCAL IMPACT: Establishing three separate project numbers in Fund 191 will have no fiscal impact on the Fund. Recognizing the additional carry-forward will increase the budget by 539,287. Recognizing the State FY2002 SHIP allocation will increase the budget by $1,891,911. GROWTH MANAGEMENT IMPACT: Approval of this budget amendment for Fund 191 will have no Growth Management impact to the County. RECOMMENDATION: That the Board approve this budget amendment to recognize the State fiscal year 2002 State Housing Initiative Partnership (SHIP) allocation, recognize additional carry forward, and establish fiscal year project numbers in Fund 191, the Affordable Housing Trust Fund SUBMITTED BY: REVIEWED BY: APPROVED BY: __~______~t'r~ ,,,,~( l,~ Date: Cormac J. Giblin HUI Manager _..~ -~----~..?/~.;/~./*- -- Date: d ~r '-&eg ~ih~ ~ Ho~ing~ Urban Im~vement Director John{~unnuck Community Dev. & Env. Service Division Interim Administrate SEP 1 1 2804 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PEBBLEBROOKE LAKES PHASE 3B" OBJECTIVE: TO approve for recording the final plat of Pebblebrooke Lakes Phase 3B, a subdivision of lands located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Pebblebrooke Lakes Phase 3B" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final .Pebblebrooke Lakes Phase 3B" be approved for recording. plat of FISCAL IMPACT: The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no environmental issues A(~ ENI~,.ITEM. SEP 1 1 2001 Executive Summary Pebblebrooke Lakes Phase 3B Page 2 HISTORICAL / ARCHEOLOGICAL archeological issues ISSUES: There are no historical or EAC RECOMMENDATION: The EAC previously approved all of Pebblebrooke Lakes CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Pebblebrooke Lakes Phase 3B" with the following stipulations: 1. Authorize the recording of the Final Plat of ,,Pebblebrooke Lakes Phase 3B." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: bate AGEND~J~'EM. , SEP 1 1 2001 LAUREL OAK ELEMENTARY APLES-IMMOK SCHO 23 SITE ROAD (C,R, 846) ~EBBLEBROOKE LAKES 26 27 OAK RIDGE MIDDLE SCHOE]L 34 35 LOCATION MAE SEP 1 1 ~001 EXECUTIVE SUMMARY ADOPT RESOLUTION AUTHORIZING THE DIRECTOR OF THE CODE ENFORCEMENT DEPARTMENT TO COMPROMISE AND SETTLE CERTAIN CODE ENFORCEMENT LIENS AND TO EXECUTE AND RECORD DOCUMENTS AND TO TAKE CERTAIN ACTS NECESSARY FOR THE IMPLEMENTATION OF THIS AUTHORITY. OBJECTIVE: To adopt a resolution authorizing the Director of the Code Enforcement DeparUnent, to utilize the services of a collection agency for the collection of code enforcement fines, to compromise and settle code enforcement fines/liens under specified conditions and not exceeding $15,000.00, to execute settlement agreements effectuating such compromise in settlement, to execute and record satisfactions of lien and satisfactions of judgment, and to perform such acts incidental to the settlement of these code enforcement lien collection efforts. CONSIDERATIONS: The Director of Code Enforcement is charged with the responsibility of enforcing the Code of Laws and Ordinances of Collier County in the Land Development Code of Collier County. In performance of her duties, the Director utilizes the Collier Code Enforcement Board ("Board"), pursuant to Chapter 162, Part 1, Florida Statutes, to make findings of the violations, to order the correction or abatement of such violations, and to impose fines in thc event such violations are not corrected as ordered by the Board. Once an Order Imposing Fines/Lien has been rendered by the Code Enforcement Board, a certified copy is recorded in the public records of Collier County. Pursuant to statute, three months after the recording of thc Order Imposing Fine/Lien, the Board may authorize the Office of the County Attorney to foreclose the lien or sue to recover a money judgment in the amount of the lien. In addition, §162.09, Florida Statutes, authorizes the County to petition the Court for enforcement of the Order Imposing Fine/Lien to the same extent as a civil judgment. These collection proceedings are often not effective methods for the ultimate recovery of the lien amount. Consequently, the Director seeks the authority to utilize a collection service for purposes of recovering code enforcement liens in those instances where other remedies are not available or effective. The County currently utilizes a collection agency for collection of weed abatement liens and other assessments. The collection agency retains 30% of all monies recovered and has proven effective to date in recovering a large percentage of the outstanding fines and assessments. The collection agency, however, has no authority to compromise the amounts owing to the County. To facilitate the recovery of those code enforcement liens which are otherwise not suitable for foreclosure or other legal proceedings for their collection, it is recommended that the Director utilize the services of the collection agency and obtain settlement authority to compromise any code enfomement lien amounts under established criteria. The Board of County Commissioners may establish certain defined criteria the application of which justify the compromise of code enforcement lien upon finding that the compromise of said liens under those conditions is reasonable and in the best interest of the public. The r~-'-",*;~- SEP 1 1 001 which is attached hereto, sets forth criteria for the Director's authorization to collect code enforcement liens through the services of an independent debt collection company. In addition the resolution sets forth enumerated factors to be considered by the Director before compromising any code enforcement lien amount. The Director's authority is also limited to a compromise of only those liens whose individual amount is less than or equal to $15,000.00. Any lien that totals more than $15,000.00 can only be compromised with the approval of the Board of County Commissioners. Incidental to the Director's authority to compromise a lien amount is the authority to enter into any settlement agreement for the compromise of the lien on behalf of the County. Such settlement agreements may also include a method of pa~nent over time if acceptable by the Director. The execution and recording of satisfactions or releases is a necessary part of the collection process. The County is required to execute and record satisfactions or releases in those instances where the lien amount has been paid. The execution and recording of a satisfaction of lien in those instances where the lien amount has been paid is merely a ministerial function. The resolution therefore authorizes the Director to prepare and execute such documents once payment has been made and verified. The resolution also seeks to authorize the Director to prepare, execute and record satisfactions of judgment for final judgments rendered by a court for code citations issued pursuant to Part 2, Chapter 162, Florida Statutes. In these citation instances the judgments do not exceed $500.00. The County, however, is required to record a satisfaction of judgment once the judgment amount has been paid. Consequently, this function is also a ministerial one. In anticipation of the preparation and signing of any documents that may be necessary in connection with the compromise and settlement of code enforcement liens or in connection with the exercise of any of the other powers provided by the resolution., the resolution authorizes the Director to execute such documents and to perform any such acts as may be necessary or appropriate. This provision contemplates documents, which is the preparation and execution of primarily ministerial to the performance of acts incidental but necessary to these authorized collection efforts. The Office of the County Attorney has reviewed the contents of the resolution and is recommending that the Board adopt the proposed resolution in its entirety as a proper and lawful action by the Board. FISCAL IMPACT: There will be n° direct and ascertainable costs associated with the adoption of this resolution. The liens that will be forwarded to a collection agency for collection are those that will otherwise not be pursued through the Office of County Attorney for collection, or those instances where the cost of pursuing such other collection measures will exceed the amount of the lien itself. The indirect cost associated with the adoption of this resolution will be thirty percent (30%) of any lien amount that is successfully recovered by the collection agency. GROWTH MANAGEMENT IMPACT: None. 2 SEP 1 1 2001 Pg:. ~ ~ RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing the Director of Code Enforcement to utilize the services of a collection agency, to compromise and settle code enforcement liens under the specified conditions, to execute settlement agreements effectuating such compromise and settlement of liens, to execute and record satisfactions and releases, and to perform and execute such documents that are necessary in the Director's exercise of the foregoing powers. SUBMITTED BY: ,i-' '~ ~ d 7,. . ~--,.- ~'~- -"'Ellen T. Chadwell Assistant County Attorney Michelle Edwards ArnoFd~, Director Code Enforcement Department APPROVED By: ~ k'~LL~o~~' Jo~ M. Durmuck, III, Administrator Cc~m~unity Development & Environmental Services Division c--David C. Weigel, County Attorney Office of County Attorney Date: '" / Date: Date: H:\Public\Litigation\CEB CASES\ExSum--Adopt Resolution 6-12-01 .doc SEP 1 1 7.001 1 3 4 5 6 7 8 9 10 Ii 12 13 14 15 16 17 18 19 20 23 24 25 2'7., 28 29 30 31 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 RESOLUTION 2001- RESOLUTION AUTHORIZING THE DIRECTOR OF THE CODE ENFORCEMENT DEPARTMENT, AS DESIGNEE OF THE COUNTY ADMINISTRATOR, TO UTILIZE A COLLECTION AGENCY FOR THE COLLECTION OF CODE ENFORCEMENT LIENS; TO COMPROMISE AND SETTLE CODE ENFORCEMENT LIENS UNDER SPECIFIED CONDITIONS AND NOT EXCEEDING $25,000; TO EXECUTE SETTLEMENT AGREEMENTS EFFECTUATING SUCH COMPROMISE AND SETTLEMENT OF LIENS; TO EXECUTE AND RECORD SATISFACTIONS OF LIEN AND SATISFACTIONS OF JUDGMENT IN CERTAIN CIRCUMSTANCES; AND TO PERFORM SUCH ACTS NECESSARY TO THE SETTLEMENT OF CODE ENFORCEMENT LIENS. · ~VHEREAS, Article VIII, Section 1, Fla. Const., provides the Board of County Commissioners (hereinafter "Board") as the governing body of Collier County, with powers of self-government as is provided for by general or special law: and WHEREAS, certain of these powers have been enumerated in Section 125.01(1), Fla. Stat., to include: (1) the power to adopt resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with lax,,', and (2) the power to perform any other acts not inconsistent with law; and WHEREAS, Section 125.01(3), Fla. Stat., provides all implied powers necessary or incident to the carrying out of the pov, ers in Section 125.01. and states that Section 125.01 shall be liberally construed in order to effectively carry out the purposes of this section and to secure for the counties the broad exercise of home rule powers; and WHEREAS, the County Administrator is responsible for the administration of all departments of the county government which the Board has authority to control pursuant to Chapter 125, Part III, the general laws of Florida and other applicable lec, islation; and WHEREAS, the Director of Code Enforcement is charged with the responsibility of enforcing the Code of Laws and Ordinances of Collier County and the Land Development Code of Collier County; WHEREAS, pursuant to Chapter 162, Part I, Fla. Stat., the Collier County Code Enforcement Board may, upon factual findings of a violation and the violator's failure to correct or abate the violation pursuant to a previous Order by the Code Enforcement Board, impose fines, and costs to repair, by virtue of an Order Imposing Fine/Lien; and WHEREAS, Section 162.09, Fla. Stat., provides that the Code Enforcement Board ma.',' authorize the Office of County Attorney to foreclose the lien or to sm: to. ^aE.Np~.g~ ~ recover a money judgment for the amount of the lien in the event the fine/lien reinmns, o. ~7 unpaid three months after recording of the Order Imposing Fine/Lien; and SEP 1 1 2001 1 ! 3 4 5 6 7 8 9 10 i1 13 14 15 10 17 18 19 20 21 25 20 2'7 28 29 3O 31 32 33 34 35 36 37 39 4O 41 42 43 44 45 46 47 ~,¥HEREAS, Section 162.09. Fla. Stat.. also authorizes the County to petition the court for enforcement of the order imposing fine and further provides for execution and levv to the same extent as a civil judgment: and %¥HEREAS, foreclosure, execution and levy. or suits for money judgments, are often not effective methods for the recovery of code enforcement liens: and WHEREAS, the use of a collection service has proven effective for recovenng other ty'pes of fines and/or assessments, and often presents the only cost-effective means of obtaining part/al or total recovery of liens; and WHEREAS, a collection agency will typically require thirty percent (30%) of all amounts collected as compensation for its efforts: and ' VfHEREAS, the use of a collection agency for the collection of code enforcement liens is a proper and lawful manner of enforcement by the County: and WHEREAS, the Director of Code Enforcement should, under certain specified conditions, have authority to compromise code enforcement fines/liens x,,here such compromise ~s reasonable and in the best interest of the County. and to enter into agreements on behalf of the Count.,,, for such compromise and settlement' and WHEREAS, the County is required to prepare and record a satisfaction or release of code enforcement liens as w~ll as a satisfaction of judgments for civil code infractions in every instance v, here a lien or civil judgment has been paid. NOVf, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the Director of the Code Enforcement Department shall be delegated certain authority to compromise and settle code enforcement liens and to execute and record certain documents necessary in the execution of this authority. The terms and limitations of this authority are set f~)rth belov,: 1. The Director of the Code Enforcement Department is hereby authorized to collect code enforcement liens through the services of an independent debt'collection company. This authority may only be exercised when all of the follow;no conditions have occurred: = A certified copy of the Order Imposing Fine/Lien has been recorded in the public records of Collier County; and Three months have passed since the recording of the Order Imposing Fine/Lien and the lien remains unpaid: and The Code Enforcement Board has authorized the Office of County Attorney to foreclose the lien. sue to recover a money judgment, ir to petition the circuit court for post-judgment enforcement proceedings; and The Office of County Attorney has determined that the collection N~o~~~ proceedings described in Section 1.C. above are not cost effectiv~ likel~v' SEP 1 1 2001 ? Pg. 1 3 4 5 6 7 8 9 10 1t t2 14 15 10 2o 21 23 24 25 27 30 31 32 3.1 34 35 37 38 40 42 43 44 45 4o 47 48 to result in recovery, legally available to the County. or otherwise recommended. The Director of the Code Enforcement Department shall have the authority to enter into an agreement with an independent collection service company (hereinafter "Collection Agent") which agreement provides for payment to the Collection Agent based on a percentage of the amount recovered. This percentage shall not exceed thirty-five per cent of the recovery. Under no circumstances may the Collection Agent negcJtiate the lien amount to be recovered without the Director's written consent or instruction. 3. For liens which are not currently continuing to accrue and do not exceed $25.000. the Director is hereby authorized to compromise the lien amount on behalf of the County in a reasonable manner, as follows: A. The Director shall use the following criteria when determining whether a portion or all of the lien shall be compromised: (1) The violation has been corrected or abated, or cannot be corrected or abated, and supporting information upon which a person would reasonably rely has been presented. (2) The gravity of the violation. (3) Any actions taken by the violator to correct the ~iolation. and any external for~es interfering with violator's ability to correct the violation. (4) Any previous or subsequent violations committed by the violator. (5) The cost upon the violator of correcting the violation. (6) The value of the real estate compared to the amount of the lien. t7) Vv'hether payment of the full lien amount would impose a severe hardship on the violator. (8) The amount of the fine relative to the nature of the violation. (9) The time and cost incurred by County' in prosecuting the violation and obtaining lien. (10) Ability of violator to pay lien. 1 1 ) The likelihood of recovering the lien without compromise. 12) The ratio of the compromised amount to the total lien. 13). Any other equitable factors which would militate towards compromise. B. It shall be presumed that the Director has acted unreasonably, and therefore outside the scope of her/his authority, if s/he has compromised a lien in an amount in excess of seventy-five percent (75g-) of the total lien. This presumption can be rebutted by the Director by demonstrating that the County could or would not otherwise recover a greater portion than that compromised. C. Any liens totaling more than $25,000, can only' be considered and compromised with the approval of the Board of County Commissioners. D. All compromises shall be in the best interest of the County. ^G~ 4. The Director may approve and execute any agreements on behalf f the County which are necessary to memorialize the terms of a compromise and settllme~4[~ 3 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 23 24 25 26 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 a code enforcement lien. These terms may include, at the Director's discretion, periodic payments by the violator in lieu of a lump sum payment. The Office of County Attorney may assist the Director in prepanng said agreements and shall approve all such agreements as to form and legal sufficiency,. This authority is limited to only those individual liens totaling less than $25,000, and which are not the subject of a-foreclosur proceeding or suit for money judgment, e 5. Once payment has been made to the County and verified by the Director, or staff, the Director is authorized to prepare and execute on behalf of the County Satisfactions or Releases of the Office of County Attorney shall approve the executed Satisfaction or Release as to form and legal sufficiency prior to recording. After approval by the Office of County Attorney, the Director, or her/his delegate, shall effectuate recording of the instrument. 6. The Director is further authorized to prepare and execute on behalf of the County Satisfactions of Judgment for Final Judgments rendered by the Court for code citations issued pursuant to Part II, Chapter 162, Florida Statutes. Director, or her/his staff, shall verify that full payment has been received by the Clerk's Office or other County agency. The Office of County Attorney shall approve the executed Satisfaction of Judgment as to form and legal sufficiency prior to recording. After approval by the Office of County Attorney, the Director, or her/his delegate, shall effectuate recordino of the instrument. ~. BE IT FURTHER RESOLVED THAT the Director shall have authority to execute such additional documents and to perform all such acts as may be necessary or appropriate in connection with the exercise of the powers enumerated above. This Resolution is hereby duly adopted on this 26th day of June, 2001. after motion, second and majority vote favonng its adoption. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA · Deputy Clerk By: JAMES D. CARTER, Ph.D.. Chairman Approved as to form and legal sufficiency: , ' '/l ~/; ' /v ) / ' Ellen T. Chadwe]l, Assistant County Attorney AGENDA iTEM SEP ! .1. REQUEST TO APPROVE FOR RECORDING THE FINAL PI_.~T OF "SERAFINA AT TIBURON" , AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE To approve for recording the final plat of "Serafina at Tiburon", a subdivision of lands located in Section 25 Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Serafina at Tiburon". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of t0% cf the total cost of the required improvements, and 100% of the cos5 of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Planning Services Director and the County Attorneys office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the "Serafina at Tiburon" be approved for recording. final plat of FISCAL IMPACT: The project cost is $539,851.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $229,600.00 - $310,251.00 The Security amount, equal to 110% of the project cost, is $593,836.10 SEP 1 1 2001 E. xecut ire Summary Serafina at Tiburon Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $10,883.31 Fees are based on a construction estimate of $539,851.00 and were paid in February, 2001. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)$ 955.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1148.00 Drainage, Paving, Grading (.42% const, est.$1303.05 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) Drainage, Paving, Grading (1.3% const, est.) $3444.00 $4033.05 G~&)WTHMAN~_~ IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ~NVIR~~ ISSUES: There are no outstanding environmental issues HISTORICAL/ARC~OLOGICAL IMPACT: There are no historical or archeological impacts EACR~CO~ENDATION: Approval ~C RECO~NDATI(H~: Approval PL~_N~_.ING ~VI~ES STAFF REC0~MENDATION: That the Board of County Commissioners approve the Final Plat of "Serafina at Tiburon" for recording with the following stipulations: 1. Approve the amount of $593,836.10 security for the required improvements. as per/ SEP l 1_ 2:001 Executive Summary Serafina at Tiburon Page 3 Approve the Agreement, and standard form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. D. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director Date Da{e ' APPROVED BY: John M!I Dunnuck III, Interim Achninistrator Community Development & Environmental Services Date jrh SEP 1 1 001 )L'LIER '"C OUNTY, F'L( PROJECT LOCATION FID. ~ C.R. 846 t qDERIBILT ROAD LOCATION MAP (NOT TO $C~.t.E) SEP ll~OOl - EXECUTWE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION AND APPROVE A LETTER AND NOMINATION FORM TO NOMINATE THE IMMOKALEE COMMUNITY FOR THE ROUND III EMPOWERMENT ZONE PROGRAM. OBJECTIVE: To adopt a resolution and approve a letter and nomination form to nominate the Immokalee Community for the Round 1II Empowerment Zone Program. CONSIDERATIONS: On August 4, 1998, the Board of County Commissioners adopted Resolution 98-294 nominating the Immokalee Community in Collier County, Florida for a federal grant known as the Rural Empowerment Zone Designation. On January 13, 1999 Vice President A1 Gore announced that the Immokalee community was selected by USDA Secretary Dan Glickman to be designated as a Round II Rural Enterprise Community. Immokalee competed with 160 eligible applicants for the designation. Twenty new Enterprise Communities were selected. Immokalee is the only area to be selected under the rural program in the State of Florida. The lead entity in the program is the Community Foundation of Collier County. Collier County continues to serve as a Community Partner in the process. The Empowerment Zone Program (Round m) will designate two rural areas within the Country for special tax incentives and possibly additional funding that will be helpful for future economic development. As a Parmer in the Alliance, Collier County is now requested by the Community Foundation to adopt a resolution, and approve a letter and nomination form for the Round III Empowerment Zone designation. FISCAL IMPACT: None at this time, GROWTH MANAGEMENT IMPACT: The Empowerment/Enterprise efforts in Immokalee serve to implement the Immokalee Master Plan, a separate element of the Growth Management Plan as well as portions of the lmmokalee Component of the Collier County Redevelopment PLANNING SERVICES RECOMMENDATION: Adopt the attached resolution and approve the support letter and nomination form to nominate the lmmokalee Community for the Round 1II Empowerment Zone Program. PREPARED BY: MARLENE FOORD PRINCIPAL REDEVELOPMENT SPECIALIST COMPREHENSWE PLANNING SECTION August 22, 2001 DATE SEP 1 1 2001 ~ _ F~g. ,/ --~ REVIEWED BY: COMPREHENSIVE PLANNING MANAGER REVIEWED BY: TOM KUCK INTERIM PLANNING SERVICES DEPARTMENT DIRECTOR DATE DATE APPROVED BY: STRATOR COMMUNITY DEV. AND ENVIRONMENTAL SERVICES DATE -2- AGENDA ITEM SEP I 1 ZOO1 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION September 11,2001 Ms. Susan Luenberger, President Commtmity Foundation of Collier County 2400 Tamiami Trail North, Suite 300 Naples, Florida 34103 Re: Letter of Support for Round Ill Empowerment Alliance PLANNIN G SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 Dear Ms. Luenberger; Along with the other communities of Southwest Florida, Collier County is committed to improving the conditions in the rural communities of Immokalee in Collier County and its neighbors: Harlem, Montura Ranch, Hooker's Point, South Clewiston in Hendry County and the Big Cypress and Immokalee Reservations of the Seminole Indian Tribe. These communities have collaborated and formed the Empowerment Alliance of Southwest Florida a designated Round I1 Rural Enterprise Community. The communities experience high unemployment with a dependency upon agriculture as their main industry. This rural area has a minimum of 25%, with some communities up to 46%, of the population below the poverty level. The Collier County Board of Commissioners understands that the Community Foundation of Collier County is the lead entity in administering the Empowerment Zone Designation and supports the designation for Round III that will provide for special tax incentives and possibly additional funding that will be helpful for future economic development. As a Community Parmer in the Round II process in 1999 we continue to be involved in the development and implementation of the strategic plan. Much progress has been made towards achieving the principal goals of economic self sufficiency, better housing conditions, and accessible education and training opportunities for all residents within the Zones as outlined in our Strategic Plan. To complement and enhance the Empowerment Zone Program, Collier County has an Urban Infill Plan for South Immokalee and established the Immokalee Housing Initiative to focus on bringing new housing and business opportunities into the Immokalee area. The goal of these programs is to offer home ownership and to reduce the poor housing conditions, as well as reducing the code enforcement problems common in areas where rental units and mobile homes are the prevalent housing option. The Collier County Board of Commissioners is committed as a Community Partner to the implementation of the Strategic Plan by empowering community residents to achieve economic self-sufficiency through the Empowerment Zone Program. Sincerely, JAMES D. CARTER, PhD CHAIRMAN AGENDA ITEM SEP 1 ! 2001 PHONE, 941 ~ 403-2400 FAX 19411 643-6968 www. co.col!ier, fl.us Nomination For Rural Federal Empowerment Zone umOf y~ of ~oa z~q u~-.s~ U,S. Department of Agricnhure Rural Developmem Office of Commu~ty Development ~Designation ~ nppllcabl¢): ~unu md,aa at~.rvatioa Y~_._. no~ ~P.aft..I: State and Local Government Identification ~----~ ..,~.,,.,,,,, ma~ t.aa~eted gcaaomic Developmeal Corperama ~ting Local Government(s) L---I F. mer thc total number of nominating local governments. Name of J~c~O~: M~z~po~um s~adsdr._,d Az~ Nam~ (~fin a~ A~.~A): dre~s(Suec~O Box, Ci~, Sra~ Name of JurtscUc~oa: Mc~opoli~a Sbm~,~cai ~ Nma; (if iu an MSA): ~n ~m~ aad Tide): .'"'-:~--'---~--' C. Applicam~ ----------- panicipal~ng entities.) ~7 (.r r ques~ous concerning r~¢ f~om~a~o~ This can bca no~ Address (SI~ecVPO Box, City, Stir,*, & Zip Code Attach Separate sheet(s), as necessary, to providc idcnticai information for a~ govemmcnm nominating the axea. Number the additional sheets ~ to, etc. AGENDA SEP 1 1 ~001 Pg. ~, ~' 1 2 3 4 5 6 '7 $ 9 lo 11 12 ~3 14 16 19 20 2t 22 23 24 25 2~ 27 29 30 31 32 33 34 35 36 59 -~o 41 42 43 44. a5 46 47 49 50 53 54 56 59 6o 62 RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COU,'NTY COMMISSIONERS SUPPORTING THE NOMINATION OF THE IMMOKALEE COMIV[UNITY FOR ROUND III OF THE EMPOWERMENT ZONE PROGRAM. WHEREAS, the Federal Government has enacted the Empowerment Zone/Enterprise Community Initiative designed to give distressed communities an opportunity for economic growth and revitalization: and WHEREAS, the Immokalee Community as identified in Exhibit I meets the eligibility criteria as outlined in Exhibit II; and WHEREAS, the Immokalee Community developed a Strategic Plan, received designation as a Champion Community in 1994 and was designated as a Round II Rural Enterprise Community in 1999; and WHEREAS, Collier County is a Community Partner of the Round II process and continues to be involved in the development, refinement and implementation of the Strategic Plan while maintaining a board-base of citizen participation; and WHEREAS, the CorrmaUmty Foundation of Collier County, a non-profit organization dedicated to providing leadership and strengthening community development, continues to be the lead entity in the Empowerment Zone Program; and WHEREAS, the Board of County Commissioners of Collier County supports the Immokalee Community's efforts in implementing and refining a ten-year Strategic Plan for lmmokalee; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, THAT: SECTION ONE: The Immokalee Community shall be recommended and nominated to be designated for Round III Empowerment Zone Program to the U.S. Department of Agriculture and all eligibility criteria have been met to qualify for this designation. SECTION TWO: This Resolution adopted after motion, second and majority vote. Done this da.',' of ,2001 ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMIvlISSIONERS COLLIER COUNTY, FLORIDA BY: BY: JAMES D. CARTER, PhD, CHAIRMAN APpro~ted As to Form and Legal Sufficiency Patrick G. White Assistant County Attorney AGENDA SEP 1 1 2001 RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COLrNTY COMSMISSIONERS SUPPORTENG THE NOMINATION OF THE IMMOKALEE COM]vlUNITY FOR ROUND I]] OF THE EMPOWERMEN7 ZONE PROGRAM. WHEREAS, the Federal Government has enacted the Empowerment Zone/Enterprise Community Initiative designed to give distressed communities an opportunity for economic growth and revitalization; and WHEREAS, the immokalee Commumty as identified in Exhibit I meets the eligibility criteria as outlined in Exhibit Fl; and WHEREAS, the Immokalee Community developed a Strategic Plan, received designation as a Champion Commumty in 1994 and was designated as a Round II Rural Enterprise Commumty in t999; and WHEREAS, Collier County is a Community Partner of the Round II process and continues to be involved in the development, refinement and implementation of the Stratemc Plan while maintaining a board-base of citizen participation; and ~ WHEREAS, the Comrnum%, Foundation of Collier County, a non-profit orgamzation dedicated to providing leadership and strengthening commUmtv development, continues to be the lead entity in the Empowerment Zone Program; and ' WHEREAS, the Board of County Commissioners of Collier County supports the l-mmokalee Community's efforts in implementing and refining a ten-year Strategic Plan for Irnmokalee; and NOW, THEREFORE, BE IT RESOLVED BY THE BO.~RD OF COUNTY COI~MISSIONERS OF COLLIER COUNq'Y. FLORDA, THAT: SECTION ONE: The Immokalee Community shall be recommended and nominated to be designated for Round Empowerment Zone Program to ~e U.S. Department of A~'/culture and all eligibility criteria have been met to qualify for this designation. ~ SECTION TWO: This Resolution adopted after motion, second and major/ty vote. Done this _. _ da), of_ ,2001 ATTEST: DV~qGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, PhD, CHAIRMAN Approved As to Form and Legal Sufficiency Patrick G. ~rlaite Assistant County Attorney AGENDA ITEM SEP 1 I 2001 EXHIBIT I IMMOKALEE EMPOWERMENT ZONE BOUNDARY Collier Countg Florida DETERMINATION MAP &, ~ ..... ~.~ .~_ .~ _ _ _ .~.___--~---~"---~ I ,_.. _.,~_ ~ _,~ R 2gE R 30E SEP 1 1 2001 2 EXHIBIT H htrp://~v.ezec.gov/round3/eligible,htm Eligibility for Round 3 Rural Empowerment Zones Population: Distress: Area: Boundary: Poverty Rate: The population of the nomanated area may not exceed 30,000 The nominated area is one of pervasive poverty, unemp oyment and general distress Not more than 1,000 square miles Does not include any portion of a central business district (as defined in the most recent Census of Retail Trade) unless the poverty rate for each population census tract in such district is 35 percent or higher. Where a tract exceeds 1,000 square males, the excess land may be excluded. x3,Zere a tract includes substant/al governmentally owned land, the governmentally owned land may be excluded. Developable saes are not taken into account in determamng whether the 1,000 square male limitation is met. May be contmuous or consist of not more than 3 noncontiguous parcels. Where a rural area straddles more than one state (it may not, m any evem, straddle more than 3 states), the bounda~. must be continuous. Subject to: Where a tract exceeds 1,000 square males or a normnated area includes substantial governmentally o~-ned land, exclusion of the excess or government-owned land will not be treated as violating the continuous bounda~ requirement. Developable sites are not taken into account tn deternm'fing whether the continuous boundary reqmrement is met. ( 1 ) Not less than a 20% poverty rate ha each census tract; and (2) At least 90% of the total census tracts each have a poverty rate of not less than 25%: Subject to: Up to an aggregate of 2,000 acres in not more than 3 noncontiguous parcels may be excluded from the nominated area for SEP 1 1 2001 _ 20% and 25% tests are met, where those acres may be developed for commercial or industrial purposes. Tracts with zero population are treated the same as tracts w/th population under 2,000 for purposes of applying the poverty rate criter/a. Tracts with population under 2,000 are presumed to have a poverty rate of not less than 25% if: (1) more than 75% of the tract is zoned for commercial or industrial use; and (2) such tract is contiguous to 1 or mom other tracts which have a poverty rate of not less than 25%, where that determination for the conUguous u'act is made using the actual poven3' rate, not by applying this provismn. Nonconnguous parcels must separately meet the 20% and 25% tests above. In the case of an area not tracted for population census purposes, the equivalent county divisions, defined by the Bureau of the Census for defining poverty areas, shall be used for deterrmmng poverty rates. The Secret,aD of Agriculture may disregard the povert3' rate test for not more than one Round III Rural Empowerment Zone and apply in lieu thereof an emigration test as contained in the applicable regulations. Additional Factors: (1) Effectiveness of the strategic plan and (2) Assurances made by state and local governments that the strategic plan will be implemented. (3) Other Criteria as the Secretary may ~mpose. A Round I or Il Enterprise Corrmaumty (EC) may be designated a Round III Empowerment Zone, however, the enterprise commum~ must apply for zone designation in its enm'ery, or in its entirety together with an addinonal area. A sub area of the Enterprise Commumty may not apply. With the exception of a Round 1 or II EC applying for a Round III Empowerment Zone designation, no portion of the area nominated may already be included in a Round I Empowerment Zone or Enterprise Community.. A Round III Empowerment Zone may include an area on an Indian reservation. A nominated area in Alaska or Hawaii is deemed to meet the Distress, Area and Poverty Rate Criteria above, if for each tract or block group at least 20% of the farmlies within have an income which is 50% or less than the statewide median family income. [Note: the Populataon and other requirements still apply.] Round 3 Page... EZ. EC Home Pagg . . . Feedback... Help SEP 1 1 2001 EXECUT'rVE REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "CARSON LAKES" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Carson Lakes" CONSIDERATIONS: On July 11, 2000, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Carson Lakes". The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEHENT IMPACT: None AGENDA ITEM SEP 1 1 ZOO1 Executive Summary Carson Lakes Page 2 RECOMMENDATION= That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Carson Lakes', and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIFJ4ED BY: Thomas E. Kuck, P.E. Engineering Review Director / County Engineer Da'te ' APPROVED BY: John ~.'-Dunnuck III, Interim Administrator Community Dev. and Environmental Svcs. Date j rh AGENDA ITEM SEP 1 1 2.001 pg. VICINITY MAP 14 SEP 11200~ i ! 4 6 7 8 9 10 11 12 13 14 16 17 ~8 19 2O 2~ 22 23 24 25 26 27 28 29 3O 3~ 33 34 $5 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 §6 57 58 $9 60 RESOLUTION NO. 01- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY. DR,KINAGE, WATER AND SEWER IMPROVEMENTS IN CARSON LAKES, RELEASE OF THE MAINTENANCE SECLq:LITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAIN'AGE WATER AND SEWER IMPROVEMENT'S THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. k~.TIEREAS, the Board of County Commissioners of Collier County', Florida, on October 14. 1999 approved the plat of Carson Lakes for recording; and WHEREAS. the developer has constructed and maintained the roadway, drainage. ',tater and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier Count,,,' Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and \VHEREAS, the developer has no;', requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Se~'ices Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COLLNTY COMMISSIONERS OF COLLIER COU-NTY. FLORIDA, that final acceptance be granted for those roadv,'ay, drainage, water and sewer improvements in Carson Lakes. and aulhorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED .AND ORDERED that the Count,,'. accept the lk~ture maintenance and other attendant costs for the road`.vay, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and ma ont.,,, vote favonng same. DATE: ATTEST: D\VIGHT E. BROCK. CLERK BOARD OF COL%'TY COMMISSIONTRS COLLIER COUNTY, FLORIDA By:¸ JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to Ibrm and legal sufficiency: Patrick G. White Assmtant Collier Cotmtv Attorney AGENDA tTEM SEP 1 1 2001 EXECUTIVE SUMMARY REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "SAWGRASS OF NAPLES" OBJECTIVE: To grant final acceptance of the infrastructure improvements associated with that subdivision known as "Sawgrass of Naples" CONSIDERATIONS: On November 19, 1998, the Board of County Commissioners granted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Sawgrass of Naples" o The roadway and drainage improvements will be maintained by the project's homeowner's association. The water and sewer improvements will be maintained by the County. o The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. Water and sewer improvements will be maintained by the County's Utility Department through their operation and maintenance budget. GROWTH MANAGEMENT IMPACT: None SEP 1 1 2001 Executive Summary Sawgrass of Naples Page 2 RECOM~fENDATION: That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "Sawgrass of Naples,, and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authoriZing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: ~homas E. Kuck, P.E. Engineering Review Director / County Engineer Date APPROVED BY: Joh~M. Dunnuck III, Interim Administrator Comn~unity Dev. and Environmental Svcs. DaEe' j rh AGENDA ITEM SEP 1 1 2001 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. RESOLUTION A. UTHORIZING FINAL ACCEPTANCE OF THOSE ROADWA. Y. DtL&INAGE, WATER .AND SEWER IMPROVEMENTS IN SAWGRASS OF NAPLES. RELEASE OF THE MAINTENANCE SECURITY. .AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE , WATER ANT) SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOX,\~ERS ASSOCIATION. \VHEREAS, the Board of County Commissioners of Collier County, Florida, on June 16. 1998 approved the plat of Say, grass of Naples for recording; and \VHEREAS, the developer has constructed and maintained the roadway, drainage. water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102. as amended); and the Utilities Standards and Procedures Ordinance (Collier Count,, Ordinance No. 97-1 ?), and WHEREAS, the developer has now requested final acceptance of the roadway. drainage, v, ater and sewer improvements and rclease of his maintenance security; and WHEREA. S, the Engineering Review Department of Community Development Services has inspected the roadv,'ay, drainage, water and sewer improvements and is recommending acceptance of said facilities. NO\\', 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 Sawgrass of Naples. and authorize the Clerk to release the maintenance security. BE 1T FURTHER RESOLVED ,AND ORDERED that the County accept the future maintenance and other attendant costs for the roadway, drainage, v,'ater and sewer improvemer~ts that are not required to be maintained by the homeowners associauon. This Resolution adopted after motion, second and majority vote ihvormg same. DATE: AITEST: D\VIGHT E. BROCK. CLERK BOARD OF COL.~TY COMMISSIONERS COLLIER COL%'TY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal ., ~' / Patrick G. \\'hire .Assistant Collier CounD Attorney AGENDA SEP 1 1 200i Executive Summary APPROVE THE SPECIAL EVENTS APPLICATION OBJECTIVE: To have the Board of County. Commissioners approve the revised Special Events Application. CONSIDERATION: At~er going through the Special Event Application process for fiscal 3'ear 2'002's funding, a few changes need to be made in the Special Event Application. The Special Event Applications will be reviewed by a Special Event Committee. which will make a recommendation to the Tourist Development CounCil. All recommendations from both committees will be forwarded to the Board of County Commissioners for final funding decisions. The Tourist Development Council Coordinator will coordinate the application process through the final funding reimbursement request. The changes were made on the following pages. Page 3 Changed percentages to the new board approved percentages and changed the usage of the 1 for Category A to reflect the same usage as the 2%. Page 4 & 5 Changed the January due date to FebruaD.. Page 7 - Rewrote the fist paragraph to reflect the review process for the applications. Page 10 - Changed the Scope of Work instructions page from 7 to 8 Page 11 - Changed Minimum to Maximum under Category I. Page 13 - Added after the fourth year of funding requests, 'if approved by the Board of County Commissioners, up to 50% of the request can be granted. Page 14 - Defined the Special Event Committee. Page 17 - Changed the interim status report to reflect if the event falls behind on the planning stages of an event, the Special Event Committee will make recommendations to help get the event back on schedule. The County Attorney's Office has reviewed and approved the application for form and legal sufficiency. FISCAL IMPACT: Funds are available from the 194 Tourist Development Tax Fund reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of Count3. Commissioners approve the Special Events Application and direct staff.to distribute the Special Events Application and work with interested groups and individuals through the process. H~)~ing and Urban Improvement Date - 'Ureg l~iha~-irector -- Housing afid,~rban Improvement -- J~o/~ M. Dunnuck, Interim Administrator Date t~'~jnmunity Development & Environmental Services Collier County Tourist Development Council Grant Guidelines Application Revised August 2001 i .SEP i i 2001 PLEASE INCLUDE THIS CHECKLIST WITH YOUR FINAL SUBMISSION TO INSURE THAT ALL REi~UESTED DOCUMENTS ARE INCLUDED. PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: (It is not necessa~ to provide a copy of these items with the 25 copies.) (1) Charter, Articles of Incorporation, By-Laws, Proof of Current Status, i.e. Annual Report on file with the Secretary of State - Except Government entities. (2) IRS Determination Letter- Except Government entities. (3) List of current officers and board members, indicating terms, or mayor, City Councils etc. (4) Copy of financial statement for the most recently completed fiscal year - Except Government entities. (5) Letters of commitment from co-sponsors; (6) Budget narrative (detailed Exhibit "A"} Name of Preparer: (PRINT) Signature of Preparer: History/Background Tourist Development Council The Collier County Board of County Commissioners (hereafter referred to as B.O.C.C.) established the Tourist Development Council (hereafter called the TDC) by resolution in March 1992. The TDC serves in an advisory capacity and makes recommendations to the Board of County Commissioners. The B.O.C.C. has the final determination of the allocation of the Tourist Development Tam, as long as it stays within the confines of the Florida State Statute 125.0104. Tourist Development Tax A two-percent (2%}Tourist Development Tax was approved by the voters of Collier County in 1990 and an additional one-percent (1%) was approved by a straw ballot in 2000. The tax currently adds 3% to the level of state sales tax paid by tourists for overnight accommodations at hotels, motels, RV parks and condominiums in Collier County. Tourists who rent overnight accommodations in Collier County for any period of six months or less pay the tax. The two-percent (2%) Tourist Development Tax revenue is allocated by the Tourist Development Plan approved by the Board of County Commissioners as follows: 50% for beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including pass and inlet maintenance shoreline protection, enhancement, cleanup or restoration of inland lakes and rivers to which there is public access as these uses relate to the physical preservation of the beach, shoreline or inland lake or river. 19% Museums County Owned and Operated, to acquire, construct, extend, enlarge, remodel, repair, improve, maintain, operate or promote one or more county owned museums and 7.764% Non-County Owned Museums that are owned and operated by not for profit organizations and open to the public. 23.236% for Advertising/Promoting and Special Events to bring tourism to Collier County. The additional one-percent (1%) of the tax is allocated as follows: 100% for beach park facilities or beach improvement, maintenance, renourishment, restoration and erosion control, including inlet maintenance shoreline protection, enhancement, cleiup~?7~ restoration of inland lakes and rivers to which there is public these uses relate to the physic~ prese~ation of the beach,ish~nelo~0~l inl~d l~e or river. Further regulations concerning the use of the Tourist Development Tax proceeds are outlined in the Florida State Statute 125.0104, and the Collier County Ordinance. The Special Event Application must be submitted to the Council Coordinator no later than February 15th at 5:00 p.m. the Special Event application is: Tourist Development The address to mail HUI Department 3050 N. Horseshoe Drive Suite 145, Naples, Florida 34109 Attention: Jane E. Richhorn, TDC Coordinator Collier County's Special Events 4 Collier County Tourist Development Council Special Events Program Funding for Special Events CONSIDERATION: Programs, festivals, or special events should have a histoI~' of, or the potential for attracting out-of-county visitors, either as participants or spectators, generating hotel/motel/campground room nights. Consideration will also be given to events that can generate national, state, or regional media exposure for Collier County and its tourist offerings. ELIGIBLE ORGANIZATIONS: Not-For-Profit Organizations under section 501 of the Internal Revenue Code {a copy of the IRS determination letter provided by the applicant confirms federal tax-exempt status} and For-Profit Organizations are eligible for funding. Organizations must have significant county tie, established primarily to produce cultural programs, festivals, or special events, utilizing private sector community financial support and volunteers as well as paid staff to carry out the objectives of the organization. Project must take place within the Collier County May-November (off season). Applicant must make project accessible to the public and to disabled persons. Applicant must submit a list of the Board of Directors, with addresses occupation or affiliation. Applicant must submit most recent preliminary and final reports if you have received a grant in the past from Collier County. Applicant must match the amount requested on a dollar-for-dollar basis, showing revenue specifically contributed for program (50% of this match may be in-kind contributions, accompanied by a list of fair and reasonable market value). Applicant must submit completed original applicant form marked "original' and (25) copies. Application must be delivered by February 15, at 5 p.m. Applications failing to meet deadline will not be considered. Application form must be typed. Multiple events must be separate and distinct applications with se' summaries and budgets. Advertising and promotion must take place in areas outside of Collier County. This is to ensure that funds will be used to attract visitors who reside out of Collier County and who may stay at least one night. Applicants must provide most recent IRS Form 990 and the following information: Grant Request $1~000-24~999 requires aa Attestatioa Fiaaaeial Statemeat ia a¢cordaace with GAAP $25~000 - $49~999 requires a review by a CPA $50~000 aad up requires aa audit by a CPA All event exl~enditures are on a reimbursement basis only, No .funds will be forwarded in anticipation of the receipt of an invoice. A complete detailed project budget must be submitted that includes all expenses (Exhibit The complete detailed project budget must include all revenues. All information should be submitted on 8 V2 x 1 1' white paper. When submitting a request for reimbursement, a verification letter indicating the vendors that have been paid to date, must accompany your request with complete original back up before any reimbursements can be released. A certificate of liability insurance is required before any reimbursements can be released. Application and Review Process Applications and information for funding can be obtained from: Collier County HUI Department Jane E. Eichhorn, TDC Coordinator 3050 N. Horseshoe Drive, Suite 145 Naples~ Florida 34104 Phone: 941-403-2332 Fax: 941-403-2331 Completed applications must be received by February 15m at 5 p.m. The TDC Coordinator will review the application for completeness. Incomplete or insufficient applications will be returned with a letter indicating what is missing. Corrected applications must be returned by February 28m, and then reviewed by the Special Events Committee for a recommendation to the Tourist Development Council. For assistance with the application call the TDC Coordinator at 941-403-2332. Applications ,,'ill be submitted to the Tourist Development Council at the April TDC meeting. Attendance at the TDC meetinq is stronqht recommended. The Tourist Development Council will make its funding recommendations to the Board of County Commissioners. Once the funding application has been processed and approved by the TDC and BOCC, the TDC Coordinator will notify all applicants by letter of the Board decision. NOTE: In the event that any funding request is turned down, the organization will not be permitted to come back to the Board of County Commissioners until the next fiscal year. Public Record: All materials submitted with funding applications will be a matter of public record open to inspection by any citizen of the State of Florida, subject to Chapter 119 Laws of Florida. Funding Administration: No funding may be reimbursed until the Collier County Clerk of Courts Finance Department approves the funding. Funding Manager: Organizations receiving funding shall designate a funding manager. That individual shall be responsible for maintaining the official file with application, correspondence, funding, narrative progress reports, request for funds/reimbursements, invoices and sample of promotional materials used. The organizations funding manager will insure that all elements of the funding application are followed, that narrative progress reports are submitted in a timely manner, that requests for funds are accurate and appropriate attachments are included, and that the event funding is closed out efficiently withe reports and audit submitted. It is the funding manager's respon~bilit.~,[~,h~t applicable Federal, State or County laws and policies are follow~ d. ? Scope of Work ~- Multiple events must have separate applications and distinct separate budgets. ,- State the goals and objectives for each event for which you are applying for. ~ Describe what benefits will be received from each event or promotion for which you are applying. >- Describe how the event increases awareness of the County as a visitor, increases the number of visitors, their length of stay, and promotes inter-county travel bv visitors. Describe how the effectiveness of each event will be evaluated. Describe how financial resources will be monitored. Describe, in detail, how the event will be implemented? Attach copies of letters of commitment to substantiate matching funds. Preliminary Status Report A preliminal3. T status report is due at the time of submission of application indicating an overall status of the event and revenue generated to Collier County. Fo..~ Attached Interim Status Report A detailed interim status report will be required sixty (60) da~vs prior to the event. This report will identify at what point you are with the planning of the event. Form Attached. Final Status Report A detailed final status report is due within sixty (60) days of the close of the event. This report will consist of the information on the attached Final Status Report. Procedures for Draw of Funds Request for draw of project funds must be completed and submitted to the TDC Coordinator. Payment is on a reimbursement basis only and made only after proof o.f paid invoices are presente~L Reimbursement of funds must stay within the confines of the Exhibit "A' outlining your project budget attached to the application. Organizations receiving funding should take into consideration that it will take a minimum of 30 days for the County to process a check. Paid invoices, original tear sheets, or backup information to substantiat¢~t;.-,~L~xm't~ accompany request for funds. .~. //'~ ,d~l~_,.~/~--~'" ; Use of Funds All expenditures must be in agreement with the rules of this funding application and all statements and canceled checks and other records must be made available to county staff, including narrative progress reports and request for funds. Funding[ Can Be Used For - Detailed List Attached To promote and advertise tourism in the State of Florida and nationally and internationally; however, if tax revenues are expended for an activity, service, venue, or event, the activity, service, venue, or event shall have as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists. Florida State Statutes 125.0104 section 5(A) 2. cooperative effort funded by the ~JOttle~ Audits and Records '2'he organization receiving funds shall maintain such records and accounts, including property, personnel, and financial records as are deemed necessary, by the County to ensure a proper accounting for all TDC funds. The aforesaid records will be made available for audit or inspection purposes at any time during normal business hours and as often as the TDC deems necessary. They shall be made available to the TDC for examination, all such records with respect to any matters covered by this funding application. The organization receiving funding will permit the same to be examined and excerpts or transcriptions made from such records and audits of all contracts, invoices, materials, records of personnel and of employment, and data relating to all matters covered by this application. The TDC's right of inspection and audit shall also apply to any audits made by any other agency whether local, state, or federal. A budget control log must accompany each invoice submitted for reimbursement. The budget control log will identify each category approved by the Board of County Commissioners and under each category will be the appropriate invoiced amount. Exampl~ P.O. # Invoice No: Categories Budget lnvoice~ Y-T-D Balance Invoices Rem,,.tfltflo' _. Advertising Equipment Administration Travel Expenses What is identified on your Exhibit "A' wilt reflect on the Bltdg~t 9 Scope of Work ORGANIZATION: EVENT NAME: Follow the instructions on the top of page 8. 10 Collier County Tourist Development Council Criteria For Grant Evaluation Funding application will be scored in slx (6)categories on a one hundred (100)point scale. Category I Commitment To The Expansion of off-Season Tourism Maximum of 25 points required in this category to receive funding. 1. Evidence that the event will serve to attract out-of-county visitors generating hotel, motel, campground room nights during a no-peak period; that the program, event, or facility, will be marketed to the fullest extent possible in an effective and efficient manner; that the requesting organization has given consideration to the cultural and entertainment needs of residents and tourists; and the demonstrated willingness of the organizers to work with the tourism private sector in cooperation promotional efforts such as packaging rooms, attractions and the event. Points will be awarded on the basis of events that will attract visitors during non-peak tourist periods. Non-peak tourist periods will generally be defined as the months of Mav through November and the first two weeks of January but may vary. according to are~. of the County the event may impact the greatest. Points will also be awarded for projects that serve more than one area of Collier County, that take place in and/or serve areas of potential cultural growth (Collier County underserved areas) and encourage and actively promote cultural diversity. Assuming qualified applications are received from all geographical areas within Collier County, the Special Events Committee and the Tourism Alliance will make an effort to insure equitable distribution of funds throughout the County. 2. Evidence of growth potential of the event in subsequent years and the commitment of the organization to reasonable and orderly expansion of the activity. 3. Include statements from the accommodations general manager or sales director attesting to the number of room nights generated by the event in the past. (If the event is new and has no track record, see item "4".) 4. Include commitment statement from accommodations agreeing to package rooms for this event. o A.detailed business plan must accompany the application for the~ieIv~ Aaa,vll~r-'°r'e'~' ~~TL~,. _ i i Z 11 Category II Out of County Promotion Maximum Fifteen (15) Points 1. Proposed out of County advertising/marketing plan and budget n~__,_~t be included as an attachment to the application. Category III Soundness of Proposed Event Maximum Fifteen (15} Points 1. Extent to which the event planning has advanced to a stage where the organization has clearly identified the event and described its basic components; assigned responsibilities and accountabilities; prepared a timetable for implementation; realistically conceived and basic components are complete and directly related to each other; probable effectiveness of the event and its individual components to accomplish stated objectives; includes community support and coordination of resources of government agencies and the private sector and evidence that funding sources have been identified and required match is available. Category IV Organization Stability and Management Capacity Maximum Twenty (20} Points 1. Proven record or demonstrable capacity of the organization to develop resources, prepare and effectively implement the proposed activity. 2. Extent to which the organization has a successful history of service in Collier County. 3. Document ability to administer public sector funding. 4. Provision for regular, timely reporting to the TDC on the progress of event. 5. Demonstrate the internal financial controls to accomplish the activity within the budget. ~ 6. Evidence of staff and volunteer capability and qualifications. 7. Completeness of application. 12 Category V Quality and Uniqueness of Proposed Event Maximum Fifteen (151 Points 1. Extent to which the event has substantial tourism, artistic, cultural, or other significance giving emphasis to creativity and merit. 2. Extent to which the activity provides a program for the County and its residents of significant merit which without such assistance would not otherwise be available in Collier County. First Time Applicant First Time Applicants Ten (10) Points A first time applicant must give as much detailed information on the event as possible. If the event has not taken place in the past, identify that and give as much information in the preliminary status report. Point System The Points System will be based on a minimum score of 50 points. Year of Funding Request Maximum % of Funding Al/owed 1~ Up to 100% 2~a Up to 90% 3rd Up tO 80% 4th [ Up to 70% Amount recommended for approval will be based on the final score. After the fourth year of requesting Tourist Tax funding the event should have enough sponsors to fund the event without using the Tourist Tax. If a request for funding is submitted after the fourth year, the Special Events Committee will take the request under consideration and forward a recommendation to the Tourist Development Council. A detailed explanation letter of why the funding request is needed will be required before any review of the application takes place. After the fourth year of funding requests, if approved by the Board of County Commissioner, up to 50% of the request can be granted. For second and third year requests ~.p~.c~al consideration organizations that ha~e secured add,tiona! ~upport throug~ corporate contributions. Special Events Committee The Special Events Committees role is to review all applications that are submitted for a funding request. The committee will review the application, score it and if the application scores 50 points or higher, it will be submitted to the Tourist Development Council for a recommendation to the Board of County Commissioners. The Special Events Committee consists of the following: 1 - TDC Coordinator 1 - TDC Member 1 - Attraction 1 - Cultural 1 - Hotel/Motel Funds Can Be Used For: Funding will be restricted for the purpose of the event that the funding is being requested for. The following expenses can only be submitted for reimbursement if the funding is $~ecitic to the Event Onl.y. >' Advertising and promotion must take place in area's outside Collier County. ,- Creative Design of Advertisement ,- Printing ,- Copying Ad placement, Newspapers, Magazines, Radio, Television, Direct Mall ,- Telemarketing Brochure or Program Creation & Distribution outside Collier County. Event's Internet Website Development/Management Contractor Equipment Rental Travel Expenses [To brtnq Gu~st/Arttstls} in $1~ctallv £or an Approved Event On[q} Accommodation Expenses, within the County Event Insurance as determined by the Guidelines from Risk Management Security/Police Food/Beverage (No Alcohol) Transportation/Rentals Administrative/Operating Cost (Event Coordination} ,- All event expenditures must have the correct back up submitted fc~r-r,~i~~fi{. Any receipts submitted for reimbursement must be ori_oinal receil~s. ~,~,1~ fg[ Collier County Tourist Development Council Preliminary Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: On an attached sheet, answer the following questions for each element in your scope of work. PRELIMINARY - These questions should be answered for each report excluding the final status report. .- Is this a first time event? If not, how many times has this event taken place? . What hotels have committed to special rates or packages for the event to date? . What is the estimated hotel nights generated by this event? ~ What is the estimated revenue generated by this event? ,- What is the estimated number of participants expected to come to this event? .- If the event is in progress, what has been done, what remains to be done, and are there any problems? .- If the event hasn't been started, why? .- List the out-of-county advertising, marketing, and/or public relations that have been contracted or placed to date? 15 Collier County Tourist Development Council Preliminary Status Report ld ._ /it if/~ , Collier County Tourist Development Council Interim Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: FAX: On an attached sheet, answer the following questions it identify the status of the event. INTERIM - These questions will identify the current status of the upcoming event. After review of the Interim Status Report from the Special Events Committee, if they feel you are behind schedule on the planning stages, the Special Events Committee will make recommendations to help get the event back on schedule. Has the planning of this event started? At what point are you at with the planning stage for this event? (°6 Of completion) What hotels/motels have committed to special rates or packages for the event? What is the number of booked hotel/motel rooms to this point for this event? What is the total dollar amount to date of matching contributions? What is the status of the advertising and promotion for this event? Have any advertisements been placed for this event? If so, where and when will they run? How has the public interest for this event been up to this point? 17 Collier County Tourist Development Council Interim Status Report 15 Collier County Tourist Development Council Final Status Report EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: TITLE: ADDRESS: PHONE: On an attached sheet, answer the following questions for each element in your scope of work. Final - These questions should be answered for your final status report. Is this a first time event? If not, how many times has this event taken place? What hotels have committed to special rates or packages for the event to date? What is the number of hotel nights generated by this event? What is the name and address of Hotels/Motels and contact person? What is the total revenue generated for this event? Total expenses. {Have all vendors been paid} List the vendors that have been paid, if not, what invoices are still outstanding and why? What is the number of participants that came to this event? What is the percentage of the total participants from out of Collier County? What problems occurred if any during the event? List the out-of-county- advertising, marketing, and/or public relations that have been contracted or placed to date? How can the event be improved or expanded? 19 Collier County Tourist Development Council Final Status Report Collier County Tourist Development Council Grant Application Organization Information Review the guidelines prior to completing this application. Submit an original and twenty-five (25) copies of the application with attachments to dane E. Eichhorn, TDC Coordinator, 3050 N. Horseshoe Drive, Suite 145, Naples, Florida 34104. Application Information Applicant (legal name of organization) Address (street or box, city, state and zip code) Telephone # E-Mail Address Fax # Federal ID # Contact Person Organizations Chief Official Title Title Name of Even and Brief Description 21 Collier County Tourist Development Council Grant Application Organization Information Page 2 Area of Event Impact (Location in Collier County), Event Date Total Number of projects contained in this application Tourist Tax Dollar Requested Total Amount of match Certification of Authorizing Officials I certify that the facts contained in this application are true and complete to the best of my knowledge and understand that, if employed~ falsified statements on this application shs!! be i'rounds for refusal. I authorize investiEation of all statements contained herein and the references and employers listed. I authorize Collier County to make any investiEation of my credit or employment status. Organization's Chief Official Typed Name Social Security Number SiEnature 22 Collier County Mission Statement To deliver to our residents and visitors local government services that exceeds expectations. EXECUTIVESUMMARY ADOPT RESOLUTIONS ENFORCING LIENS ON PROPERTIES FOR CODE VIOLATIONS OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. I Case No. Owner of Record Case Summary Lien , Amount a. Violation determined 10/18/00 b. Notice of Violation served no green card c. Notice of Violation Posted 11/14/00 $245.00 2000100800 Sheehan, Lloyd G. d. Unabated nuisance verified 11/28/00 e. Nuisance abated with public funds 12/12/00 f. Owner invoiced for costs 12/22/00 a. Violation determined 04/03/01 b. Notice of Violation served unclaimed c. Notice of Violation Posted 04/11/01 $400.00 2001040195 Sheehan, Lloyd G. d. Unabated nuisance verified 04/23/01 e. Nuisance abated with public funds 05/17/01 f. Owner invoiced for costs 05/26/01 SEP 11 2001 a. Violation determined 04/04/01 b. Notice of Violation served refused c. Notice of Violation Posted 05/04/01 $255.00 2001040418 Joyce, Wallace Landon d. Unabated nuisance verified 05/17/01 e. Nuisance abated with public funds 05/25/01 f. Owner invoiced for costs 06/18/01 a. Violation determined 09/14/00 b. Notice of Violation served no green card c. Notice of Violation Posted 01/08/01 $25 5.00 2000090625 Joyce, Wallace Landon d. Unabated nuisance verified 01/19/01 e. Nuisance abated with public funds 03/30/01 f. Owner invoiced for costs 04/14/01 a. Violation determined 04/16/01 b. Notice of Violation served undeliverable c. Notice of Violation Posted 06/05/01 $1,640.00 2001041104 Gadsden, J.B. Jr. & d. Unabated nuisance verified 06/20/01 Althea e. Nuisance abated with public funds 06/25/01 f. Owner invoiced for costs 06/28/01 a. Violation determined 11/14/00 b. Notice of Violation served undeliverable c. Notice of Violation Posted 12/08/00 $310.00 2000110468 Gadsden, J.B. Jr. & d. Unabated nuisance verified 12/19/00 Althea e. Nuisance abated with public funds 01/17/01 f. Owner invoiced for costs 01/25/01 a. Violation determined 04/19/01 b. Notice of Violation served 04/26/01 c. Notice of Violation Posted rv'a $365.00 2001041019 Realty Holdings, L.P. d. Unabated nuisance verified 05/15/01 e. Nuisance abated with public funds 06/01/01 f. Owner invoiced for costs 06/22/01 a. Violation determined 04/27/00 b. Notice of Violation served 05/30/00 c. Notice of Violation Posted n/a $245.00 2000050551 Bouganvillas Inc., c/o d. Unabated nuisance verified 06/12/00 John White, R.A. e. Nuisance abated with public funds 07/04/00 f. Owner invoiced for costs 08/16/00 a. Violation determined 04/26/01 b. Notice of Violation served undeliverable c. Notice of Violation Posted 05/23/01 $255.00 2001050044 Daniels, Phleany M. & d. Unabated nuisance verified 06/06/01 Brown, Jennifer L. e. Nuisance abated with public funds 06/17/01 f. Owner invoiced for costs 06/22/01 a. Violation determined 01/05/01 b. Notice of Violation served 01/16/01 c. Notice of Violation Posted 05/07/01 $685.00 2001010239 Postelle, Willie Mae d. Unabated nuisance verified 05/21/01 e. Nuisance abated with public funds 06/06/01 f. Owner invoiced for costs 06/19/01 a. Violation determined 12/15/00 b. Notice of Violation served undeliverable c. Notice of Violation Posted 01/08/01 ~;450.00 2000120468 Bissainthe, Vilaire & d. Unabated nuisance verified 02/27, 31 ~.~.bl}AIlEM Estilia e. Nuisance abated with public funds 03/29 ~)1 f. Owner invoiced for costs 04112 DI SEP I1 2001 PS. 2... a. Violation determined 11/29/00 b. Notice of Violation served 12/30/00 c. Notice of Violation Posted n/a $1,175.00 2000120090 Simeone, John A. d. Unabated nuisance verified 01/09/01 e. Nuisance abated with public funds 00/03/01 f. Owner invoiced for costs 04/16/01 a. Violation determined 10/19/00 b. Notice of Violation served undeliverable c. Notice of Violation Posted 01/30/01 $485.00 2000100682 Carter, Douglas L. & d. Unabated nuisance verified 02/23/01 Sandra G. e. Nuisance abated with public funds 03/28/01 f. Owner invoiced for costs 04/12/01 a. Violation determined 01/19/01 b. Notice of Violation served n/a c. Notice of Violation Posted 01/22/01 $7 00.00 2001010592 Bank of America N A d. Unabated nuisance verified 01/24/01 e. Nuisance abated with public funds 01/27/01 f. Owner invoiced for costs 02/01/01 a. Violation determined 04/09/01 b. Notice of Violation served 04/30/01 c. Notice of Violation Posted 04/30/01 $255.00 2001040423 White Jr., Stanley W. d. Unabated nuisance verified 05/22/01 & Karla M. e. Nuisance abated with public funds 05/24/01 f. Owner invoiced for costs 06/02/01 a. Violation determined 05/18/01 b. Notice of Violation served 05/24/01 c. Notice of Violation Posted n/a $255.00 2001050855 Estrada, Ilen d. Unabated nuisance verified 06/05/01 e. Nuisance abated with public funds 06/07/01 f. Owner invoiced for costs 06/26/01 a. Violation determined 05/01/01 b. Notice of Violation served 05/05/01 c. Notice of Violation Posted fda $255.00 2001050102 Buitrago, Alvaro 8,: d. Unabated nuisance verified 05/23/01 Veronica Silvia e. Nuisance abated with public funds 05/25/01 f. Owner invoiced for costs 06/25/01 a. Violation determined 04/19/01 b. Notice of Violation served unclaimed c. Notice of Violation Posted 05/16/01 $ 360.00 2001041197 Muzzonigro, Gary P. & d. Unabated nuisance verified 05/29/01 Denise M. e. Nuisance abated with public funds 06/15/01 f. Owner invoiced for costs 07/06/01 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. SEP 11 2001 FISCAL IMPACT: A total reimbursement of $8,590.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $225.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Janet ~owers, Operations Manager Code Enforcement DATE: REVIEWED BY: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: Jo,h~ M. Dunnuck III, Administrator Col~munity Development & Environmental Services DATE: DATE: SEP 11 2001 BOARD OF CO['.~TY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SHEEHAN, LLOYD G. 1751 IMPERIAL GOLF COURSE BLVD NAPLES, FL 34110 DATE: REF. lng'.# 1753 FOLIO #: 62094080003 LIEN NUMBER: LEGAL DESCRIPTION..2 Lot 16, Block 6, NAPLES MANOR ADDITION, according to the Plat thereof and recorded in Public Records of Collier County, Florida, plat Book 3, Pages 67 and 68. You, as the o,.~ncr(s) of the propert> abnve-descnbed, as recorded m thc records maintained by the office of the Propert5 ,Appraiser. are hereb? adxised that the Code Enforcement Director, did on November 28, 2000, order the abatement of a certain nuisance existing on thc a'oxe propert> prohibited b', Ordinance No. 99-51 and served a notice of xiolaunn upon >~u. Tine nm<:mce WEEDS: ACCUMULATION OF WEEDS, GRASS. OR OTHER NON-PROTE(?TFD OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nmsance: whereupon, it was abated bx the cxpcndmn-e public funds at a direct cost of FORTY-FIVE ($45.00) DOLl,ARS plus an adminr~tr:m'~e Two-hundred ($200.0tB dollars for a total of T\~.O-ItUNDRED FORTY-FI\'E t$245.1}{1t DOLLARS. Such cost. by Resolution of the Board of County Commissioners of Collier Cnm~t>. Florida. shall become a lien on your property xklthin tx~enty 120) da>s oI the date of this legal not ce of assessment. You ma.',' request a heanng before the Board of County Commissioners to show cause. if any, x',h5 the expenses and charges incurred by the County' under Count> Ordinance No. c,~9-51 are excesstve or un,,~ an-anted or ;vhv such expenses should not consutute a lien against the propcn>. Said request for heanng shall be made to the County Administrator, Government Center. 33/l Tamlaml Trail East. Naples. Florida 34112 in writing within ten (10) days from the date of this notice. F [ ILN% \I~'TI{ I N \[ 6 ? 9 10 11 13 14 I5 i6 17 18 19 2O 21 23 26 .2'9 3O 31 33 35 3S 39 40 4l 42 43 45 46 48 49 50 5I 52 53 54 55 5~ 5? 58 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUWTY COMMISSIONERS PROVDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENt[ OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDLNANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administratixe cost incurred b'. the County. shall be assessed against such property: and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against x~ hich made until paid; and WHEREAS, the assessment shall become due and payable no later than txtenty 120) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the property described as haxing been abated of a public nuisance after due and proper notice thereof'to the ox~nen's) of said property, is hereby assessed the follow, lng costs of such abatement, to x~,it: ~AME: SHEEHAN, LLOYD G. .LEGAL DESCRIPTION: : Lot 16, Block 6, NAPLES MANOR ADDITION, according to the Plat thereof and recorded in Public Records of Collier County, Florida., pla 'c Bo o~-: 2, Pages 67 and 68. .COST: $245.0t} REFERENCE#: 1753 .FOLIO #: 62094080003 The Clerk shall mail a Notice of Assessment of Lien to the ov~ner{s) of the above described property, and if such owner fails to pa5,, such assessment v~thin twenty (20) days hereof, a cemfied copy of this Resolution shall be recorded in the official records constitute a lien againsl such property according to lax,,', unless such direction is stayed bt' this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of Count,, Commissioners Collier Count,,,.', Florida, this __ day of 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: Thomas C. ¥'almer. AssiStant Count.,,' Attorney F LIE',, MSTR RE,,OLI TIC)N BY: James D. Carter, Ph.D..Chairman $£P 11 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SHEEHAN, LLOYD G. 1751 IMPERIAL GOLF COURSE BLVD NAPLES, FL 34110 DATE: REF. INV.# 1826 FOLIO #: 62094080003 LIEN NUMBER: I,EGAL DESCRIPTION: Lot 16, Block 6, NAPLES MANOR ADDIlqON, according to the Plat thereof and recorded in Public Records of Collier Count)'. Florida.. plat Book 3, Pages 67 and 68. You, as the ownerts} of the property abo~e-descnbed, as recorded in the records maintained bv the office o[ the Property Appraiser, are hereby ad,.ised that the Code Enforcement Director. did ot-t April 23, 2001. order the abatement of a certain nuisance existing on the above property prohibited b> Ordinance No. 99-5 l and served a nouce of ', iolation upon .,,ou. The nuisance is: ~'EEDSALITTER: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON- PROTECTED OVERGROWTH IN EXCESS OF EIGItTEEN ~18) INCHES AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAl. OF lATTER. '¢,'ASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; ,a hereupon, ~t was abated bx the expenditure of public funds at a direct cost of TV~'O-HUNDRED ($200.00) DOLLARS plus an admlmstrat~xe cost of Two-hundred ($200.~0) dollars lot a total of FOUR-ttUNDRED {$400.00) DOLLARS. Such cost, b5 Resolution of the Board of County Commissioners of Collier Count.,,', Florida. shall become a lien on .,,'our property' ~ithin tv, enty 120) days of the date of this legal notice of assessment. You may request a heating before the Board of Count.,,' Commissioners to show cause, il' ap,.,,', v, hv the expenses and charges incurred by the County under Count.', Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for heanng shall be made to the County Administrator, Government Center. 3301 Tamiami Trail East, Naples, Florida 34112 in x~,nting within ten ¢ 10) days from the date of this notice. F I [?',5, ',.I*,TR [ N .',,[ 1 9 10 II 12 13 14 15 lO 17 I9 20 21 22 23 24 .2'5 26 28 29 30 3l 32 33 34 35 36 37 38 _;9 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 5'7 58 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COLFNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LiEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, togethe(with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty 120) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid b'~lance N_'gmning on the date this Resolution is recorded at the rate oftweh'e percent (12c3 ! per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the propertx described as Follox~s. having been abated of a public nuisance after due and proper notice thereof'to the o;xnens) oi' said propcn5. i.., hereb.,, assessed the following costs of such abatement, to ~kit: NAME:SHEEHAN, LLOYD G. LEGAL DESCRIPTION: Lot 16, Block 6, NAPLES MANOR ADDITION, according to the Plat thereof and recorded in Public Records of Collier County, Florida. pla t Book 3 Pages 6.7 and 68. ' ' .('()SI': $400.00 REFERENCE#: 1826 FOLIO #: 62094080003 The Clerk shall mail a Notice of Assessment of Lien to the owner(s, of the above described property, and if such owner fails to pay such assessment within t~t ent;' (20'1 days hereof, a certified cop) of this Resolution shall be recorded in the official records o~ Collier'Count;.. to constitute a lien against such property according to lax,,', unless such direction is staved b;' this B'oard upon appeal of the assessment by the owner. ' ' This Resoluuon passed and duly adopted by the Board of Count,.' Commissioners of Collier Count.,.', Florida, this __ da3,' of 2001. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA Deputy Clerk Apprmed as to form and legal sufficiency: , Thomas C Palmer, .Assistant County Attorney F LIFN M~;TR RESOLUTION James D. Carter, Ph.D. ,Chairman SEP 11 2001 0 ~. 0 BOARD OF COL.NTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COLNTY, FI.ORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JOYCE, WALLACE L., LAWRENCE H., JOAN J. HUBBARD, BARBARA J. LARSON, DATE: PATRICIA J. HAROSKEWICZ, JUDITH J. CORSO & LAUREN JOYCE 506 QUINNIPIAC AVE NORTH HAVEN, CT 06473 REF. INV.# 1833 FOLIO # 74412200000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 5, Block D, South Tamiami Heights, as recorded and platted in Plat hook 3, Page 44, Public Records of Collier Count>', Florida. You, as the owner(s) of the propert5 above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director. did on May 17, 2001. order the abatement of a certain nuisance existing on the above propert} prohibited by Ordinance No. 99-51 and served a notice of ~iolation upon you. The nuisan~'e ~FEEDS: ACCUMULATION OF V~:EEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nmsance; ;~hereupon, ~t was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00} DOLLARS plus an administr'~mxc co~t T~o-hundred ($200.00) dollars for a total of T~,VO-HUNDRED FIFTY-FIVE 15255.00~ DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Count>. l=lorida, shall become a lien on your property within twenty t20~ days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, ~'hy the expenses and charges incurred by the Count.; under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center. 3301 Tamiami Trail East, Naples. Florida 34112 in writing within ten (10) days from the date of this notice. F LIENS,' MSTR LN.M. SEP!1 2001 1 9 10 11 12 13 14 15 17 19 20 22 23 24 25 2(., 30 3I 32 33 34 55 3- 40 41 42 43 45 46 47 48 49 50 51 52 53 54 55 56 57 59 60 .61 RESOLLq'ION NO. 2001- A RESOLUTION OF THE BOARD OF (_'OUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR IO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47. as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the Count.,,'. shall be assessed against such property: and WHEREAS. the cost thereof to the Count,, as to each parcel shall be calculated and reported to the Board of County Commissioners, together~x~ ith a description of said parcel; and WHEREAS. such assessment shall be a legal, xalid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and pa3able no later than t`,venty (20) days of the date of the Legal Notice of Assessment and interest shall acc.me on the unpaid balance beginning on the date this Resolution is recorded at the rate of tx~ elve percent (12~) per annum. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COL~'TY COMMISSIONERS OF COLLIER COL.~NTY, FLORIDA~ that the property described as having been abated of a public nuisance after due and proper nonce thereof'to the ox~nen's) of said property, is hereby assessed the following costs of such abatement, to vdt: ~AME: JOYCE, WALLACE L., LAWRENCE H., JOAN J. HUBBARD, BARBARA J. LARSON, PATRICIA J. HAROSKEWICZ, JUDITH J. CORSO & LA UqC~EN JOYCE .LEGAL DESCRIPTION: Lot 5, Block D. South Tamiami lteights, as recorded and platted in Plat book 3, Page 44, Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 1833 FOLIO #: 74412200000 The Clerk shall mail a Notice of Assessment of Lien to the o~ner(s) of the above described property, and if such owner fails to pa.,,' such assessment w~thin t~ventv (20) days hereof, a certified copy' of this Resolution shall be recorded in the official records o~ Cotlier'Count,,,. to constitute a hen against such property according to law. unless such direction is staved by this B'oard upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day' of 2001. ~ ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy, Clerk. Approved as to form and legal sufficiency: Thomas C. Palmer. Assistant County' Attorney F LIEN',' MSTR RESOLI'TION BOARD OF COUq~,ITY COMMISSIONERS COLLIER COL.~TY. FLORDA James D. Carter, Ph.D., Chairman BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENTORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN JOYCE, WALLACE L., LAWRENCE H., JOAN J. HUBBARD, BARBARA J. LARSON, DATE: PATRICIA J. HAROSKEWICZ, JUDITH J. CORSO & LAUREN JOYCE 506 QUINNIPIAC AVE NORTH HAVEN, CT 06473 REF. INV.# 1806 FOLIO # 74412240002 L~N NUMBER: LEGAL DESCRIPTION: Lot 6, Block D, South Tamiami Heights, as recorded and platted in Plat book 3, Page 44, Public Records of Collier Count)', Florida. You, as the owner(s) of the properU" above-described, as recorded in the records maintained bv the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 19, 2001, order the abatement of a certain nuisance existing on the property prohibited bF' Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROV~'TH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance: whereupon, it was abated bx the expenditure of public funds at a direct cost of FIFTY-FIVE ~$55.00) DOLLARS plus an administrative cost or' T~to-hundred ($200.00) dollars for a total of TV~'O-HL%'DRED FIFTY-FIVE 15255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on your property within twenty i205 days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, il' any. wh5 the expenses and charges incurred by the County under Count5 Ordinance No. 99-5l are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center. 3301 Tamiami Trail Eask Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F LIENS. MSTR LNA[. SEP11 2001 6 7 S 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 2'7 28 29 3~ 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 0[ RESOLUTION NO. 2001-. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSM]ENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC N-UISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property.: and WHEREAS. the cost thereof to the County as to each parcel shail be calculated and reported to the Board of Count.,,, Comrmssioners, together with a description of said parcel: and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid: and WHEREAS, the assessment shall become due and payable no later than twenty {20) days of the date of the Legal Notice of ,Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent i l2Q) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL.'NTY COMMISSIONTRS OF COLLIER COL%rTy. FLORIDA. that the property described its follows. having been abated of a public nuisance after due and proper notice thereof to the owneris) of said property, is hereby assessed the follov, ing costs of such abatement, to wit: NAME: JOYCE, WALLACE L., LAWRENCE H., JOAN J. HUBBARD, BARBARA J. LARSON, PATRICIA J. HAROSKEwICZ, JUDITH J. CORSO & LAUREN JOYCE LEGAL DESCRIPTION. Lot 6, Block D, South Tamiami Heights, as recorded and platted in Plat book 3, Page 44, Public Records of Collier Count)', Florida. COST: $255.00 REFERENCE#: 1806 [OLIO #: 74412240002 The Clerk shall mail a Notice of Assessment of Lien to the ox~'ner(si of the above described property, and if such ortner fails to pay such assessment within twenty (20~ dass hereof, a certified copy of this Resolution shall be recorded in the official records oi: Collier County. to constitute a lien against such property according to la,.,,', unless such direction is staved by this B'oard upon appeal of the assessment by the owner. ' This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK. Clerk Deputy Clerk. Approved as to form and legal sufficienc3: Assistant County' Attorney F LIEN' MSTR RESelL{ Tll)N BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D.. Chairman BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COkNTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN J.B. GADSDEN, JR. & ALTHEA 707 S 5Tn ST IMMOKALEE, FL 34142 DATE: REF. INV.# 1872 FOLIO # 00135440001 LIEN NUMBER: LEGAL DESCRIPTION: Commencing at the Northwest corner of the East one-half of the Northeast one-quarter of the Southwest one-quarter of the Northeast one.quarter of Section 9, Township 47 South, Range 29 East, Collier County, Florida; thence southerly along the West Boundary of the East one-half of the Northeast one-quarter a distance of 200 feet: thence easterly and parallel with the South Boundary of Block 4, palmetto Park, a distance of 80 feet: thence southerly and parallel to said West Boundary a distance of 236,07feet, thence easterly and parallel with said South Boundary of Block 4, Palmetto Park, a distance of 221.63 feet: thence Northerly' and parallel to said West Boundary a distance of 436.52 feet to the South Boundary of Block 4, Palmetto Park; thence Westerly along said South Boundary a distance of 300.60 feet to the Point of Beginning, subject to an easement in favor of the public over the Southerly 30 feet for road right-of-way purposes. You, as the ownerts) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director. did on June 20, 2001, order the abatement of a certain nuisance ex~sting on the aNwe property prohibited by Ordinance No. 99-51 and served a notice of violation upon 3ou. The nmsance LITTER: PROHIBITED DUNIPING, ACCL31ULATION, STORAGE OR BUI.tlAI~ OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of ONE -THOUSAND FOUR- HL.'NDRED FORTY (Sl,440.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of ONE THOUSAND SIX'HLpNDRED FORTY ($1,640.00) DOLLARS. Such cost, bv Resolution of the Board of County' Commissioners of Collier County, Florida. shall become a lien on your property' within twenty (20) da.,, s of the date of this legal notice of assessment. You may request a hearing before the Board of Count.',' Commissioners to shox~ cause. if' any, why the expenses and charges incurred by the County under Count.',' Ordinance No. 99-51 are excessive or unx~ an'anted or v,h? such expenses should not constitute a lien against the property. Said request for heanng shall be made to the County Administrator. Government Cel ter. Trail East. Naples. Florida 34112 in x~nting xtithin ten (10) days from the date ol ~s nonce. SEP!I 2001 7 9 12 f6 19 24 25 ~6 2~ 78 4~ 47 49 $$ 6! 6~ 66 RESOLUTION NO. 2(X)I- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEIVIENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No 9941. AS SUCCESSOR TO ORDIN.-L"gCE No. 9147. AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91--47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners. together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) da3s of the date of th~: Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolunon is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COl :NTY COM.XIISSIONERS OF COLLIER COLrNTY, FLORIDA, that the property described as follo,.vs, havinz been abated of a public nuisance after due and proper notice thereof to the owner(s) of said propertx, is l~erebv assessed the follo,a lng costs of such abatement, to ,,','it: - NAMk': J.B. GADSDEN, JR. & ALTHEA LEGAL DESCRIPTION: Commencing at the Northwest corner of the East one-half of the Northeast one-quarter of the Southwest one-quarter of the Northeast one-quarter of Section 9, Township 47 South, Range 29 East. Collier County. Florida; thence southerly along the West Boundary of the East one-half of the Northeast one-quarter a distance of 200 feet; thence easterly and parallel s'ith the South Boundar) of Block 4, palmetto Park, a distance of 80 feet; thence southerly and parallel to said West Boundary a distance of 236.07feet, thence easterly and parallel with said South Boundary of Block 4, Palmett(~ Park. a distance of 221.63 feet; thence ~ortherly and parallel to said West Boundary a distance of 436.52 feet to the South Boundary of Block 4, Palmetto Park; thence Westerly along said South Boundary a distance of 300.60 feet to ~he Point of Beginning, subject to an easement in favor of the public o~ er the Southerly 30 feet for road right-of, way purposes. COST: $1.640.00 REFERENCE#: 1872 FOLIO #: 00135440001 The Clerk shall mail a Notice of Assessment of Lien to the ownerfs) of the above described propen3, and if such ov, ner fails to pay such assessment within twenty (20) days hereof, a certified cop.,.' of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such propert) according to law, unless such direction is stayed bv this Board upon appeal of the assessmen~ b,. the OW'her. This Resolution passed and duly adopted by the Board of Count), Commissioners of Collier County, Florida, this __ da3,' of ,2001. ATTEST: DWIGHT E BROCK. Clerk BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY, FLORDA Dep ut.,. Clerk Approved a~, to tbrm and legal sufficiency: Thomas C Palmer ,Assistant County Attorney F [IEN M'CR RESOLI'TI(/N BY: James D. Carter, Ph.D. ,Chairman SEP 11 2001 BOARD OF COb.NTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COl_ NTS. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN J.B. GADSDEN, JR. & ALTHEA 707 S 5TM ST IMMOKALEE, FL 34142 DATE: REF. INV.# 1777 FOLIO # 00135440001 LIEN NL~IBER: LEGAL DESCRIPTION: Commencing at the Northwest corner of the East one-half of the Northeast one-quarter of the Southwest one-quarter of the Northeast one-quarter of Section 9, Township 47 South, Range 29 East, Collier Count)', Florida; thence southerly along the West Boundary of the East one-half of the Northeast one-quarter a distance of 200 feet; thence easterly ~nd parallel with the South Boundary of Block 4, palmetto Park, a distance of 80 feet; thence'southerly and parallel to said West Boundary a distance of 236.07feet, thence easterly and parallel with said South Boundary of Block 4, Palmetto Park, a distance of 221.63 feet; thence Northerly and parallel to said West Boundary a distance of 436.52 feet to the South Boundary of Block 4, Palmetto Park; thence ",Vesterly along said South Boundary a distance of 300.60 fe~t to the Point of Beginning, subject to an easement in favor of the public over the Southerly 30 feet for road right-of-way purposes. You. as the o~nerls) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director. did on December 19, 2000. order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a nouce of xiolation upon you. The nmsance IS: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTIIER NON-PROTECTED OVERGROWTH IN EXCESS OF 18". You failed to abate such nuisance; whereupon, it x~as abated by the expenditure of public funds at a direct cost of ONE -HL~DRED TEN I$110.00) DOLLARS plus an administranve cost of Two-hundred ($200.00) dollars for a total of THREE-HUNDRED TEN ($310.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Count,,,', Florida, shall become a lien on 5'our property' within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any. x~hy the expenses and charges incurred by the County under County Ordinance No. 99-5I are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said. request for heanng shall be made to the County Administrator. Govemr Trail East. Naples, Florida 34112 in ~ nting xvithin ten ~ 10) days from the F LIENS;: MSTR I. NAI_ ent nter I ' ate of thib ' SEP %ce2001 l 3 4 5 (, 7 9 10 12 13 14 15 ~6 18 19 20 22 23 24 25 26 25 2'0 31 33 34 35 36 37 40 4~ 42 43 44 45 46 47 49 50 51 52 53 54 55 5~ 5'7, 58 50 60 62 63 64 65 RESOLLq'ION NO. 20Ol- A RESOLLrEION OF THE BOARD OF COMMISSIONERS PROVDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF -file AB ATEMEN-[ OF PUBLIC NI 'ISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47. AS ,~MENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by' the County', shall be assessed against such' property'; and WHEREAS. the cost thereof to the CounU as to each parcel shall be calculated and reported to the Board of County Commissioners. together with a description of said parcel: and WHEREAS, such assessment shall be a legal, xalid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (2{B days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percenl ~ 175 i per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL.'NTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the propert',_ described as follows, haxing been abated of a public nuisance after due and proper notice thereof to the o~ner~s~ of said property, is hereby assessed the following costs of such abatement, to ~it: ' NAME: J.B. GADSDEN, JR. & ALTHEA LEGAL DESCRIPTION: Conunencing at the North;~est corner of the East one-half of the Northeast one-quarter of the Southwest one-quarter of the Northeast one-quarter of Section 9, Township 47 South, Range 29 East, Collier County, Florida; thence southerh' along the West Boundary of the East one-half of the Northeast one-quarter a distance of 200 feet; then'ce easterh' and parallel aith the South Boundary of Block 4, palmetto Park, a distance of 80 feet: thence 'southerly and parallel to said West Boundary a distance of 236.07feet, thence easterh' and parallel with said South Boundary of Block 4. Palmetto Park, a distance of 221.63 feet; thence ~'ortherh and parallel to said l¥est Boundary a distance of 436.52 feet to the South Boundary of Block 4.'Palmetto Park: thence Westerly alohg said South Boundary a distance of 300.60 feet to the Point of Beginning. subject to an easemeht in favor of the public over the Southerly 30 feet for road right-of-way purposes. COST: $310.00 REFERENCE#: 1777 FOLIO #: 00135440001 The Clerk shall mail a Notice of Assessment of Lien to the ownertsl of the above described property, and if such owner fails to pa)' such assessment x~ithin twenty, t20) da~s, hereof, a certified copy of this Resolution shall be recorded in the official records of Collier Countx._ to constitute a lien against such property according to law, unless such direction is stayed b~ this Board upon appeal of the assessment by the owner. This Resolution passed and dui.,,, adopted by the Board of County Commissioners of Collier Count.',', Florida, this __ day of .2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLqXrTY COMMISSIONERS COLLIER COL~TY. FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County' Attorney F LIEN' MSTR RESt)L[ TION BY: James D. Carter. Ph.D. ,Chairman AC~._J'4DA ITF_~ SEPll 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE EN"FORCEMENT DEPARTMENT COLLIER COU.NTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: REALTY HOLDINGS, L.P., % Kenneth R Johnson 4001 Tamiami Tr N Ste 300 Naples FL 34103 REF. INV.# 1834 FOLIO # 61380040004 LIEN NU'.~!BER: LEGAL DESCRIPTION: Lots 1, 2, and 3, NAPLES BAYVIEW ADDITION. per Plat in Plat Book 4, Page 20, public records of Collier County, Florida. You. as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on May 15, 2001. order the abatement of a certain nmsanc¢ existing on the abo;e property prohibited by Ordinance No, 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCL~,IUI, ATION OF WEEDS, GRASS, OR OTHER NON.PROTECTED OVERGROWTtt IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; v~hereupon, it was abated by the expenditure of public funds at a direct cost of ONE HUNDRED SIXTY-FIVE ($165.00) DOLLARS plus an administrative cost of Tw'o-hundred ($200.00) dollars for a total of THREE-HUNDRED SIXTY- FIVE ($365.00) DOLLARS. Such cost, by Resolution of the Board of Count,,,' Commissioners of Collier County. Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a heanng before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the properly. Said request for hearing shall be made to the County Administrator, Government Center, 330l Tamiami Trail East, Naples, Florida 34l 12 in writing within ten (10) days from the date of this notice. [.lENS MSTR LN-\L SEP 11 2001 1 6 7 8 9 10 II 12 13 I4 15 16 17 18 19 2o 21 22 23 24 25 2O 27 29 30 31 32 33 34 35 56 3S 4O 41 42 45' 45 46 47 48 49 50 51 52 53 54 55 56 57 5S 59 6O RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC N~OISANCE. IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid: and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of tv,'elve percent (12c~1 per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONTRS OF COLLIER COUNTY, FLORDA, that the properly described as t'ollox~s. having been abated of a public nuisance after due and proper notice thereof'to the ox~ner(sl of said property, is hereby assessed the folloxving costs of such abatement, to v,m NAME: REALTY HOLDINGS, L.P., % Kenneth R. Johnson LEGAL DESCRIPTION: Lots 1, 2. and 3. NAPLES BAYVIEW ADDITION, per Plat in Plat Book 4, Page 20, public records of Collier Count.,,', Florida. COST: $365.00 REFERENCE#: 1834 FOLIO #: 61380040004 The Clerk shall mail a Notice of Assessment of Lien to the ownerlsl of the above described property, and if such owner fails to pa.,,, such assessment within tx~entv 1201 daxs hereof, a certified cop)' of this Resolution shall be recorded in the official records o~ Collier Count),. to constitute a lien against such property according to lax,,', unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and dub. adopted by the Board of Count.',' Commissioners or' Collier County, Florida, this __ day of 2001. AT1TST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR[DA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attornev F LIEN', MSTR RESOLUTION BY: James D. Carter, Ph.D., Chairman SEP 11 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COkNTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BOUGAIN VILLAS INC., a Florida Corporation DATE: c/o John White, R.A. 5121 CASTELLO DR STE 2 NAPLES, FL 34103-1902 REF. INV.# 1572 FOLIO # 24682500027 LIEN NL~,~BER: LEGAL DESCRIPTION: Parcels I through IX,;, inclusive, of BOUGANVILLAS, as shown by map or plat thereof recorded in Plat Book 24, pages 25 and 26 of the Public Records of Collier County, Florida. You. as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby ad``'ised that the Code Enforcement Director, did on June 12, 2000. order the abatement of a certain nuisance existing on the abo~e property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS OR OTHER NON-PROTECTED OVERGROWTtt 1N EXCESS OF 18" You failed to abate such nuisance: ,.,,,hereupon, it was abated by the expenditure of public funds at a direct cost of FORTY- FIVE ($45.00~ DOLLARS plus an administrative cost of T,~o-hundred (5200.00) dollars for a total of TWO-HUNDRED FORTY-FIVE 15245.00} DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Count3, Florida, shall become a lien on 3'our property within twent.,, (20) days of the date of this legal notice of assessment. You may request a heanng before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for heanng shall be made to the County Administrator, Government Center, 3301 Tamiami lrail East. Naples. Florida 34112 in writing within ten (10) days from the date of this notice. 9 10 11 12 13 14 15 I6 17 1S i9 2o 2I 2-' 2_: 2.1 25 26 2~ 2S 29 3O 31 32 33 3.1 35 36 37 38 3~ 4O 41 42 43 44 .15 46 47 48 .19 50 51 52 53 54 55 56 57 5S 59 60 61 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47. as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against v, hich made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) daxs of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12Q) per annum. NOW. THEREFORE, BE IT RESOLk'TD BY THE BOARD OF COL%'TY CO*IMISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as folio\vs. ha,.ing been abated of a public nuisance after due and proper notice thereof'to the ownens) of said property, is hereby assessed the following costs of such abatement, to wit: .NAME: BOUGAIN VILLAS INC., a Florida Corporation LEGAL DESCRIPTION: Parcels I through IV, inclusive, of BOUGANVILLAS, as shown by map or plat thereof recorded in Plat Book 24, pages 25 and 26 of the Public Records of Collie'r Count)', Florida. COST: $245.00 REFERENCE#: 1572 FOLIO #: 24682500027 The Clerk shall mail a Notice of Assessment of Lien to the ownerfs) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in' the official records orr Collier'Countv, to constitute a lien against such property according to law. unless such direction is sta,.ed bv this B'oard upon appeal of the assessment by the owner. ' This Resolution passed and duly adopted by the Board of Count\ Commissioners of Collier County, Florida, this __ day of 2001. ' Al'TEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney t-L ! X MSTR RESOLUTION BY: James D. Carter, Ph.D., Chairman GE.N~A ITEM S£P 11 2001 BOARD OF COL.~TY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTNIENT COLLIER COt',NTh'. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DANIELS, PHLEANY M BROWN, JENNIFER L. PO BOX 90068 NAPLES, FL 34101 REF. INV.# 1862 DATE: FOLIO # 22624160003 LIEN NL~5BER: Lot 5, AVALON ESTATES, Block 6, Unit 1, according to plat LEGAL DESCRIPTIONA recorded in Plat book 3, Page 62, of the public records of Collier County, Florida. You. as the owner(s) of the propert5 above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 6, 20{)1, order the abatement of a certain nuisance existing on the aboxe property prohibited b,s Ordinance No. 99-51 and served a notice of violation upon Sou. The nuisance is: N GRASS, OR OTHER NON-PROTECTED WEEDS: ACCLLMLLATIO~ OF WEEDS, OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; ,xhereupon, it v, as abated b5 the e×penditure of public funds at a direct cosl of FIFTY-FIVE ~$55.00) DOLLARS plus an administrative cost of Tv.o-hundred ~.$200.00t dollars for a total of T\VO-HUNDRED FIFTY-FIVE (S255.00) DOLl, ARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida. shall become a lien on your property ~ithin twenty (20t days of the date of this legal not~ce of assessment. You may request a heanng before the Board of County Commissioners to show cause, if any. why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for heanng shaIl be made to the Count,'.' Administrator, Government Center. 3301 Tamiami Trail East, Naples, Florida 34112 in v,,nting ~;ithin ten (10) da}s from the date of this notice. F LIENS,' MSTR LNAL SEP 11 2001 6 ? 9 10 Ii 12 13 14 I5 17 I9 24 2.< 2c, 3O 3o ,lC) 4! 44 45 ,.16 49 $0 51 53 54 55 56 60 RESOLUTION NO, 200 I- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSN~ENT OF LIEN FOR THE COST OF THE ABATEMEN~I- OF PL%LIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47. AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nmsances, including prescribed administrative cost incurred by the County, shall be assessed against such property: and WHEREAS, the cost thereof to the Count>' as to each parcel shall be calculated and reported to the Board of County' Commissioners, toaether v. ith a description of said parcel; and WHEREAS, such assessment shall be a legal, ',alid and binding obligation upon the property against which made until paid; and VCHEREAS, the assessment shall become due and payable no later than mentv 120) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid b21ance beginning on the date this Resolution is recorded at the rate of twelve percent ~' 12Qt per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUN"TY COMMISSIONTRS OF COLLIER COLq~NTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner/si of said property, IS hereby assessed the folloxt lng costs of such abatement, NAME: DANIELS, PHLEANY M & BROWN. JENNIFER L. _L. EGAL DESCRIPTION: .. Lot 5, AVALON ESTATES, Block 6, Unit 1, according to plat recorded in Plat book 3, Page 62, of the public records of Collier County. Florida. COST: $255.00 REFERENCE#: 1862 FOLIO 0:22624160003 The Clerk shall mail a Notice of Assessment of Lien to the owner/s) of the above described property, and if such o~ner fails to pa> such assessment x~ithm meaty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records or: Collier Counts,, to constitute a lien against such property according to lax~, unless such direction is staved by this B'oard upon appeal of the assessment by the ov,'ner. This Resolution passed and duly adopted hx ~he Board of County Commissioners of Collier County, Fl#ada, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Thomas .~P'~almer, ,~ssistant County Attorney F LIEN/MSTR RESOLUTION BOARD OF COL,WTY CO."dMISSIONTRS COLLIER COUNTY, FLORIDA BY: James D. Caner, Ph.D. ,Chairman -- BOARD OF COUNTY COMMISSIONERS TtlROUGH ITS CODE ENFORCEMENT DEPARTMENT C()LLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN POSTELLE, WILLIE MAE % G JEAN CANTY P O BOX 962 ININIOtC-XLEE, Fl. 34143 DATE: REF. INV.# 1828 FOLIO: # 25630920001 LIEN NUMBER: LEGAL DESCRIPTION: LOT 17, BLOCK 8, IN CARSON'S ADDITION AS SHOVCN BY PLAT RECORDED IN PLAT BOOK 3, PAGE 33, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You. as the owner(s) of the property above-described, as recorded in the records maintained b3 the office of the Property Appraiser. are hereby advised that the Code Enforcement Director. did on May 21, 2001. order the abatement of a certain nuisance existing on the above property prohibited b', Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is; WEEDS/LITTER: ACCUMULATION OF V(EEDS, GIL.~SS, OR OTHER NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT AND PROHIBITED DUMPING, ACCUMULA1 IO: , STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You mited to abate such nmsance: ,.,,hereupon, ~t x,,as abated by the expenditure of public funds at a direct cost of FOUR- HUNDRED EIGHTY-FIVE ($485.00) DOLLARS plus an administran',e cost of Two-hundred ($200.00) dollars for a total of SIX-HL.'NDRED EIGHTY- FIVE ~$685.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida. shall become a lien on .,,our property within t,aenty (20) days of the date of this legal notice of assessment. You may request a heanng before the Board of County Commissioners to show cause, if ;~n.',. ,.~hy the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or un~x arranted or xxh> such expenses should not constitute a lien against the property. Said request for heanng shall be made to the County Administrator, Go,,emment Center, 3301 Tamiami l~r:nl East, Naples. Florida 34112 in writing within ten (10) days from the date of this notice. F LIENS, MSTR LNAL SEP 1i 2001 1 4 5 6 7 8 9 10 I1 12 13 }4 15 16 17 18 19 20 21 23 2.1 25 26 28 29 30 31 ';2 33 34 36 37 38 39 41 42 43 4.4 45 46 47 48 49 5O 5l 52 53 54 55 57 5S 59 tho 01 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COL.~TY COMMISSIONERS PROVDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS A~MENrDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47. as amende& the direct costs of abatement of certain nuisances, including prescribed administrati,,e cost incurred b3` the County. shall be assessed against such property: and \VHEREAS, the cost thereof to the Count3,. as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and \VHEREAS. such assessment shall be a legal, valid and binding obligation upon the propert.,, against v, hich made until paid; and WHEREAS. the assessment shall become due and payable no later than twenty ~20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid b~lance beginning on the date this Resolution is recorded at the rate of twel`,'e percent (12%) per annum. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMS. IISSIONERS OF COLLIER COL~'TY, FLORIDA, that the property described as follow, s. ha'.ing been abated of a public nmsance after due and proper nolice thereof to the owner(s) of said propen5. is hereby assessed the following costs of such abatement, to ',','it: NAME: PC'$TELLE, KJ'LLIE ?"{:E % G JEAN CANTY LEGAL DESCRIPTION: LOT 17, BLOCK 8, IN CARSON'S ADDITION AS SHOWN BY PLAI RECORDED IN PLAT BOOK 3, PAGE 33, PUBLIC RECORDS OF COLLIER COUNI~', FLORIDA. ' COST: $685.00 REFERENCE#: 1828 ..FOLIO #: 25630920001 The Clerk shall mail a Notice of ,Assessment of Lien to the owner(s) of the aboxe described property, and if such ov, ner fails to pay such assessment x`,ithin txventy ~20) days hereof, a certified cop.,, of this Resolution shall be recorded in the official records of Collier Count,.', to constitute a lien against such property according to law. unless such direction is staved by this Board upon appeal of the assessh~ent by the o`,vner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier Count.,,', Florida, this day of 2001. ' ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer. ,Assistant Count>' Attorhey BY: James D. Carter, Ph.D. ,Chairman F L,'Ex. \ISTR RESOLUTION BOARD OF CO[~TY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER CO[~TY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BISSAINTI-[E, VILAIRE & ESTILIA DATE: 4616 ACADIA LN NAPLES, FL 34112 REF. INk".# 1812 FOLIO: # 22624200002 LIEN NL~BER: LEGAL DESCRIPTION_: Block 6, Lot 6, of that certain subdivision known as AVALON ESTATES, UNIT NO. 1, according to the map or plat thereof on file and recorded in the office Clerk of the Circuit Court of Collier County, Florida.~)/ff/ of the You. as the owner(s~ of the property above-described, as recorded irq/t(ne records ' maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on February 27, 2001, order the abatement of a certain nuisance existing on the above property prohibited b5 Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DE,LMPING, ACCL~IULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; ~hereupon, it was abated by the expenditure of public funds at a direct cost of TWO-HUNDRED FIFTh' ($250.00) DOLLARS plus an administrative cost of T~o-hundrcd ($200.00) dollars for a total of FOUR-HUNDRED FIFTY t.$450.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Count,,,', Florida, shall become a lien on your property within txventy (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if an5', why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unxvarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing x& ithin ten (10) days from the date of this notice. F LIEN'¢ M~E2.t LNAL SEPll 2001 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 2' 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 .42 43 44 4.5 46 47 48 49 50 51 52 53 54 55 57 59 Ol RESOLLrFION NO. 2001- A RESOLUTION OF THE BOARD OF COU%~Ty COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 9%51, as successor to Ordinance No. 91-47. as amended, the direct costs of abatement of certain nuisances, including prescribed administratixe cost incurred by the Count),, shall be assessed against such property: and WHEREAS, the cost thereof to the Count), as to each parcel shall be calculated and reported to the Board of Count), Comrmssioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than tx~enty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (125 ~ per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLI]ER COULNTY, FLOR[DA, that the propen? described as follox~s, haxing been abated of a public nuisance after due and proper notice thereof to the owner(sl of said propert5, is hereby assessed the following costs of such abatement, to wit: .NAME: BISSAINTHE, VILAIRE & ESTILIA LEGAL DESCRIPTION. Block 6, Lot 6, of that certain subdivision known as A VA LON ESTATES. [.'5,'IT NO. 1, according to the map or plat thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida. , P-]-a ~ Book 2 COST: $450.00 REFERENCE#: 1812 _FOLIO #: 22624200002 The Clerk shall mail a Notice of Assessment of Lien to the o~vncns) of thc above cd-ee~t~eb~dcPo2pe~- ~h~sn [~fesSoUlCuht ' y d own,er fal!s to pay such assessment within twenty (20) daxs hereof, a F? ~on snail be recorded in the official records of Collier Cotintv, to constitute a lien agmnst such property according to la~,, unless such direction is sta,,ed bv this B'oard upon appeal of the assessment by the owner. 62. This Resolution passed and duly adopted by the Board of Count3, Commissioners of Collier Count;)', Florida, this __ day of ,2001. .ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COL.'NTY COMMISSIONERS COLLIER COUNTY, FLOR[DA BY: Deputy Clerk Approxed as to form and Thomas ~. Palmer, nt,, 4. ttome~, F LIEN MSTR RESOLL'TION BY: James D. Carter, Ph.D. ,Chairman A C.,ENE~ A ITEM SEP 11 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COk.NTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SIMEONE, JOHN A. DATE: 325 N STATE ST GIRARD, OH 44420 REF. INV.# 1803 FOLIO #: 55412502206 LIEN NUMBER: LEGAL DESCRIPTION: Lot 42, LELY ISLAND ESTATES, according to the plat thereof, of record in Plat book 17, Page(s) 26 through 31, of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by' the office of the Property Appraiser, are hereb,s advised that the Code Enforcement Director, did on January 9, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance 1S7 EXOTICS: ACCL~IULATION OF PROHIBITED SPECIES ON UNINIPROVED LAND LOCATED WITHIN 200' OF IMPROVED, SUBDIVIDED PROPERTY. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of NINTo. HUNDRED SEVENTY-FIVE ($975.00) DOLLARS plus an administrauve cost of Two-hundred ($200.00) dollars for a total of ONE-THOUSAND ONE HUNDRED SEVENTY-FIVE ($1,175.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a heanng before the Board of Count,',' Commissioners to sho;~ cause, if an,',, why the expenses and charges incurred by the County' under County Ordinance No. 99-51 are excessive or unwarranted or ~hy' such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center. 3301 Tamiami Trail East, Naples, Florida 34112 in writing x~ithin ten (10) days from the date of this notice. SEP 11 2001 F LIENS,' MSTR LN,~L l 4 7 1! 14 17 20 22 23 24 2~ 30 3! 32 33 34 ?5 36 3: 3,~ 39 40 41 42 43 44 45 46 47 4~ 49 ~0 52 ~3 54 55 56 57 59 ,50 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD O[: COL%'TY COMMISSIONERS PROVDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such propert.;: and WHEREAS, the cost thereof to the Countx as to each parcel shall be calculated and reported to the Board of County Comrmssioners, to_oether'with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property' against which made until paid; and WHEREAS, the assessment shall become due and paxabte no later than twenty (20) days of the date of the Legal Notice of Assessment and interest sba'Il accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of txt el;'e percent 112%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL,~T'~.' FLORIDA. that the property described as follo~t s, having been abated of a public nuisance after due and proper notice thereof'to the ownerts) of said property, is hereby' assessed the follo'a lng costs of such abatement, to ~ it: NAME: SIMEONE, JOHN A. LEGAL DESCRIPTION: Lot 42, LELY ISLAND ESTATES, according to the plat thereof, of record in Plat book 17, Page(s) 26 through 31, of the public records of Collier County, Florida. COST: $1,175.00 REFERENCE#: 1803 FOLIO #: 55412502206 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such oxtner falls to pay' such assessment ~ithin txtentv (20) days hereof, a certified copy of this Resolution shall be recorded in the official records or: Collier'Countv, to constitute a lien against such property according to law. unless such direction is staved by this B'oard upon appeal of the assessment by the owner. This Resolution passed and dui.,,' adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COL~TY COMMISSIONTRS COLLIER COUNTY, FLORIDA BY: Deputy' Clerk Approved as to form and legal sufficiency: Thomas C. Palmer..Assistant County Attorne5 F LIEN,' MSTR RESOLUTION James D. Carter. Ph.D. ,Chairman SEP 11 2001 BOARD OF COL~TY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COE~NTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CARTER, DOUGLAS L & SANDRA G DATE: 5337 JENNINGS STREET NAPLES, FL 34113 REF. INV.# 1810 FOLIO #: 62260800004 LIEN Nq_~'~BER: LEGAL DESCRIPTIO~N: Lots 28 and 29, Block 11, NAPLES MANOR LAKES, according to the plat thereof, as recorded in Plat Book 3, Pages 86 and 87, of the public records of Collier County, Florida. You, as the owner(s) of the property' above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on February 23, 2001, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DUMPING, ACCt~IULATION, STORAGE OR BURIAL OF LITTER, g*,'ASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of pubhc funds at a direct cost of TV, lO- HUNDRED EIGHTY-FIVE ($285.00~ DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of FOUR-HUNDRED EIGIITY- FIVE ~$485.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of ColIier County, Florida, shall become a lien on your property within t;venty (20'/da.', s of the date of this legal notice of assessment. You ma5' request a heanng before the Board of County Commissioners to shox~ cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessi;'e or umt arranted or why such expenses should not constitute a lien against the property. Said request fox' heanng shall be made to the Count,', Administrator, Government Center. 3301 Tamiam~ Trail East, Naples, Florida 34112 in writing within ten (10) day's from the date of this notice. F IJENS: MSTR k N,x.I_ SEP 1i 2001 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2S 29 30 3l 32 33 34 36 37 35 39 40 41 42 .43 44 45 46 47 49 5O 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDLNG FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDLNANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WI-IEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property: and WHEREAS, the cost thereof to the Count.`,' as to each parcel shall be calculated and reported to the Board of County Cornnussioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than t\~enty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent ( 12g I per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COL.WTY COMMISSIONERS OF COLLIER COLENTY, FLORIDA. that the propert3 described as follou, s. having been abated of a public nuisance after due and proper notice thereof to the o~ner~s~ :~f said propert.,,, is hereb3 assessed the following costs of such abatement, to wit: ~AME: CARTER, DOUGLAS L. & SANDRA G. LEGAL DESCRIPTION: Lots 28 and 29. Block 11, NAPLES MANOR LAKES. according to the plat thereof, as recorded in Plat Book 3, Pages 86 and 87, of the public records of Collier County', Florida. ' ,COST: $485.00 REFERENCE#: 1810 FOLIO #: 62260800004 The Clerk shall mail a Notice of Assessment of Lien to the o'.~ner(s) of the aboxe described property, and if such owner fails to pay such assessment x~lthin twenty (20) days hereof, a certified cop.`,' of this Resolution shall be recorded in the official records or: Collier Count.,,,, to constitute a lien against such property according to lax,,', unless such direction is sta:ed bv this Board upon appeal of the assessment by the owner. ' This Resolution passed and dui.,,' adopted by the Board of Count,,' Commissioners of Collier County, Florida, this ~ da3,. of 2001. ATFEST: DWIGHI' E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palrner. Assistant Count.,,' Attorney F LIEN, MSTR RESOL('TION BY: James D. Carter, Ph.D. ,Chairman BOARD OF COLCqTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY. FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BANK OF AMERICA, N.A. DATE: PO BOX 26388 RICHMOND, VA 232606388 REF. INV.# 1780 FOLIO #: 36379600008 LIEN NL~BER: LEGAL DESCRIPTION: Lot 8, Block 214, GOLDEN GATE, INIT 6, PART 1, according to the plat thereof recorded in Plat Book 9, Pages 1 through 7, inclusive, of the Public Records of Collier County, Florida. You, as the owner(si of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on January 22, 2001, order the abatement of a certain nuisance existing on the above property prohibited b> Ordinance No. 9%51 and serxed a nonce of xiolation upon 5ou. The nutsance lATTER: PROHIBITED DUMPING, ACCI~IULATION, STORAGE OR BURIAL OF LITTER, t, VASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a dtrect cost of FIVE -Ht,'NDRED ($500.00) DOLLARS plus an administratixe cost of T;~ o-hundred ($200.00) dollars for a total of SEX,-EN'HUNDRED ($700.00t DOLLARS. Such cost. b,', Resolution of the Board of Count>' Commissioners of Collier County, Florida, shall become a lien on >,'our property' within twenty (20} days of the date of this legal notice of assessment. You may' request a heanng before the Board of Count>' Commissioners to show cause, it' :in>,', ~hy the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unx~ arranted or wh5 such expenses should not constitute a lien against the property'. Said request for heanng shall be made to the Count3' Administrator. Government Center, 3301 Tamiami 'Frail East..Naples. Florida 34112 in writing x~ ithin ten ~ 10) days from the date of this notice. F t.[FNS M~;TR L\ \1 A ClEJ~ A !T~Jvl SEP 11 2001 ,,. 32. i 2 3 4 5 6 7 9 10 11 12 13 14 15 i6 17 18 19 20 21 23 24 25 2( 29 3o 31 32 33 34 35 37 3S 39 40 41 42 43 44 45 46 47 48 49 5o 51 52 53 54 55 5o 57 55 59 60 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administranve cost incurred by the County, shall be assessed against such property: and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property agmnst which made until paid; and WHEREAS, the assessment shall become due and pa,',able no later than menty (20) da3 s of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent 112 .c/c) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that the property described as follows, hax lng been abated of a public nuisance after due and proper notice thereof to the ownerls ~ of said propert,~, is hereby assessed the following costs of such abatement, to wit: NAME: BANK OF AMERICA, N.A. LEGAL DESCRIPTION. Lot 8, Block 214, GOLDEN GATE, U~'IT 6. PART 1. according to the plat thereof recorded in Plat Book 9, Pages I through 7. inclusive, of the Public Records of Collier Count)'. Florida. COST: $700.00 REFERENCE#: 1780 FOLIO #: 36379600008 The Clerk shall mail a Notice of Assessment of Lien to the ox,,ner(s) of the above described property, and if such owner fails to pay such assessment within m'entv (20) days hereof, a certified copy of this Resolution shall be recorded in the official records o~ Collier'Countv, to constitute a lien against such property according to law, unless such direction is staved by this B~oard upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier Count.,,'. Florida, this __ day of 2001. .ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMNIISSIONERS COLLIER COLTNTY, FLORIDA Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, AssiStant County Attorney F LIEN MSTR RESOLUTION BY: James D. Carter, Ph.D. ,Chairman SEP 11 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCENIENT DEPARI~NII']NT COLLIER C()UNTY, FLORIDA I,EGAE NOTICE OF ASSESSMENT OF LIEN DATE: WHITE JR., STANLEY W. & KARLA M. & SR., STANLEY W. 386 RIDGE DR NAPLES, FL 34108 REF. INV.# 1827 FOLIO #: 245160006 LIEN NUMBER: LEGAL DESCRIPTION: Lot 31, J & C Industrial Park (an unrecorded plat) in the north halt' of Section 11, Township 49 South, Range 25 East, more particularly described as follows: Commencing at the West quarter corner of section 11, Township 49 South. Range 25 East. Collier Count)', Florida: thence ah)ng the west line of said Section 11 N 0 36" V~'est 1829.95 feet to the centerline of a road; thence along said centerline N 89 28' 18" East 4872.60 feet for a place of Beginning, thence N 0 31'42" West 473.04 feet; thence N 89 26' 18" East 100 feet; thence S 0 31' 42" East 473.10 feet to said centerline; thence S 89 28 18" West 100 feet to the place of beginning. Being Imrt of the North half of Section 11, Township 49 South, Range 25 East. Collier County Florida. You. as the ox~nerts} of the property above-described, as recorded in the records maintained bx the office of the Property Apprmser, are hereby adxised that tile Code Entbrccment Director. did on May 22, 2001, order the abatement of' a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. Thc nuisance is; P~'EEDS: ACCUMULATION OF WEEDS, GRASS, OR OTttER NON-PROTECTED OVERGROWTtl IN EXCESS OF EIGItTEEN I18) INCHES. You failed to abate such nmsance: ;~hereupon, it was abated bx the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an admmistrauve cost of Txxo-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of CounU Comnnssioners of Collier County, Florida. shall become a lien on >'our propert.,, x~ithin tx~ent5 i20) days of the date of thi~, legal notice of assessment. You may request a heating before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwan-anted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the Count.,, Administrator, Oovtg nment Center ~3(11 Tamiam Trail East. Naples, Florida 34112 in ~a tiring within ten (10) days from le d~f t~/~h~ F LIENS: MSTR LN&L SEP 11 2001 1 2 $ 9 10 11 12 13 i4 15 17 18 I9 20 21 23 24 25 2(, 30 ~4 ;5 3" 58 4O 41 42 43 -14 45 40 48 49 50 51 52 53 54 55 5o 57 58 59 6o 61 62 RESOLUTION NO. 2001- A RESOLL~FION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51. AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by' the Count.,,', shall be assessed against such property: and WHEREAS, the cost thereof to the Counlx as to each parcel shall be calculated and reported to the Board of County Commissioners, together ,,~ itt) a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS. the assessment shall become due and payable no later than twent days of the date of the Legal Notice of Assessment and mtereq shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rale of tx~ elve percent 112c/} per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COI rNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that thc properU described as having been abated of a public nuisance after due and proper notice thereof to tine ov, nerlsl property. ~s hereby assessed the following costs of such abatement, to wit: NAME: WHITE JR., STANLEY ~V. & KARLA 51. & SR., STANLEY LEGAL DESCRIPTION: Lot 31, J & C Industrial Park lan unrecorded plat} in the north half of Section 11, Toa'nship 49 South, Range 25 East. more particularly described tis follows: Commencing at the ~Yest quarter corner of section 11. Toxvnship 49'South, Range 25 East. (;oilier Count.,,', Florida: thence along the 'a'est line of said Section 11 N 0 36" VFest 1829.95 feet to the centerline of a road; thence along said centerline N 89 28' 18" East 4872.60 feet for a place of Beginning, thence N 0 31'42" West 473.04 feet: thence N 89 26' 18" East 100 feet: thence S 0 31' 42" East 473.10 feet to said centerline; thence S 89 28 18" Vv'est 100 feet to the place of beginning. Being part of the North half of Section 11. Tm, vnship 49 South. Range 25 East, Collier County Florida. COST: $255.00 REFERENCE#: 1827 FOLIO #: 245160006 The Clerk shall mail a Notice of .Assessment of Lien to the ,o~neris) of the aboxe described property, and if such owner fails to pa)' such assessment ~ithin twenty (20) days hereof, a certified cop), of this Resolution shall be recorded in the official records o~ Collier Counts.' to constitute a lien against such property according to la~. unless such direction ~s staved by this B'oard upon appeal of the assessment by' the owner. ' ' This Resolution passed and dui.,,' adopted bv the Board of Counts' Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLiER COUNTY. FLORIDA Deputy, Clerk James D. Caner, Ph.D .Chairman Approved as to form and legalsufficiencv: ~ O J,. ht mas C. Palmer. Assistant Count,,, Attorney F LIEN, MSTR RESOLUTION A C.-~END A ITEM SEP 11 2001 Pg. BO.-\RD OF COL~NTY COMMISSIONERS TIIROt'GIt ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICI~ OF ASSESSMENT OF LIEN DATE: ESTRADA, 1LEN 2481 22''a> AVE NE NAPLES, FL 34120 REF. INV.# 1871 FOLIO #: 36325360004 LIEN NL~.IBER: _LEGAL DESCRII~[ION: Lot 12, Block 226, Unit 6,GOLDEN GATE, according to plat thereof recorded in Plat Book 5~Pages124-134 of the Public Records of Collier Count)', Florida. Yom as the ox~ner(s) of the property above-described, as recorded in the records maintained b.'. thc office of thc Propert.,, Appraiser, are hereb.', advised that the Code Enforcement Directc)r. did on June 05, 2001. order the abatement of a certain nuisance existing on the above propert? prohibited b.'. Ordinance No. 99-51 and sec, ed a notice of .,(olaf(on upon you. The nuisance is: WEEDS: .~,CCUMUI~.~TI¢)N OF WEEDS, GI-L.\SS, OR OTHER NON.PROTECTED ¢)VERGROt,~,'Ttt IN EXCESS OF EIGHTEEN (18) INCHES. xi't~tl failed tO abate such nmsance; ~hereupon. it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an administrative cost of Tx~o-hundred 1$200.00i dollars for a total of TWO-IIUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, b', Resolution of the Board of County Commissioners of Collier County, Flt,nda. shall bcct~me a lien on )our propert.', :~,ithin tv~ent.', (20) days of the date of this legal notice of assessment. You ma.'.' request a hearing before the Bom-d of County Commissioners to show cause. if any, v, hv the expenses and charges incurred by the County under Count? Ordinance No. 99-51 are excessi',e or un,.~ arranted or ,.~hv such expenses should not constitute a lien against the propert.',. Said request for heanng shall be made to the Count.'.' .Administrator, Government Center, 3301 Tam(ami Trail East. Naples. Florida 34112 in writing ~.ithin ten Il0) days from the date of this notice. F LiEN'~ MNTR Lb \L SEP 11 2001 9 10 ll 12 I3 15 l0 17 18 19 2{) 21 £2 -.?_3 2.4 25 £? 29 30 31 32 33 3.4 35 36 39 .40 .4?, .45 47 .,tS .49 50 51 52 53 54 55 56 57 59 6O RESOLL~FION NO. 2001 - A RESOLU'TION OF THE BOARD OF COL,'NTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEM]ENT OF PLq3LIC NUISANCE, IN .ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51. as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed adminlstratixe cost incurred by the Count>'. shall be assessed against such property: and WHEREAS, the cost thereof to the Count>, as to each parcel shall be calculated and reported to the Board of Count), Commissioners, to,oether with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the propert> against which made until paid; and \VHEREAS, the assessment shall become due and pa)able no later than t,aenty days of the date of the Legal Notice of Assessment and interest shal/ accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NO\V. THEREFORE. BE IT RESOLVED BY THE BOARD OF COt. LNTY COM3, IISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as folio,,ts. ha,,ing been abated of a public nuisance after due and proper notice thereof to the owner(s) of said propeil), is hereby assessed the following costs of such abatement, to x~it: NA.ME..____~ ESTI~,kDA, ILEN LEGAL DESCRIPTION: Lo! 12, Block 226, Unit 6,GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Pages124-134 of the Public Records of Collier County. Florida. C~OST_.. $255.00 _REFERENCE#: 1871 FOLIO #: 36325360004 The Clerk shall mail a Notice of Assessment of Lien to the ownerfs) of the above described property', and if such owner fails to pay such assessment within twenty i20) days hereof, a certified cop>' of this Resolution shall be recorded in the official records or: Collier Count.,,'. to constitute a lien against such property according to law. unless such direction is staxed b', this Board upon appeal of the assessment by the owner. - This Resolution passed and duly adopted by Ire Board of Count>, Commissioners of Collier County, Florida, this ~ day of __ 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COL~WTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy. Clerk Approxed as to form and legal su fficieno,: Thom~y Attorney F LIEN. MSTR RESOL['TiON BY: James D. Carter, Ph.D. ,Chairman BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BUITRAGO, ALVARO & VERONICA S. DATE: 10033 SW 164TIt PLACE MIAMI, FL 33196 REF. INV.# 1844 FOLIO #: 35992520003 LIEN N~LqvIBER: LEGAL DESCRIPTION.': Lot 3, Block 93, GOLDEN GATE, Unit 3, according to plat thereof as recorded in Plat Book 5 at Pages 97 through 105, inclusive of the Public Records of Collier County, Florida. You. as the owner(s) of the property above-described, as recorded in the records maintained by the office of tile Property' Appraiser, are hereby advised that the Code Enforcement Director. did on May 23, 2001, order the abatement of a certain nuisance existing on the above proper~y prohibited by Ordinance No. 99-51 and served a notice of violation upon 7ou. The nuisance is: '~qEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS plus an admimstrative cost of T;;o-hundred ($200.00) dollars for a total of TV~'O-HUNDRED FIFTY-FIVE t$255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on your property x¥ithin txtenty (20) da,Ns of the date of this legal notice of assessment. You may request a heanng before the Board of Count>. Commissioners to show cause, if an5', wh;' the expenses and charges incurred bv the County under County Ordinance No. 99-51 are excesstve or unv,'arranted or why such expenses should not constitute a lien against the property. Said request for heanng shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East. Naples, Florida 34112 in writing v¥ithin ten (10) days from the date of this notice. F LIENS' MSTR LNAL SEP ti 2001 6 7 $ 9 10 11 12 13 14 15 i0 17 18 19 20 21 22 23 24 25 2S 29 3O 31 32 33 34 37 3S 39 .41 .42 43 46, 46 .47 48 49 51 52 5..1 55 56 57 6O RESOLL~FION NO. 2001- A RESOLL~ION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATENIENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AM:ENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property: and WHEREAS, the cost thereof to the Count,,,' as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the properly against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of melxe percent (12'3) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLWTY COMMISSIONERS OF COLLIER COLWTY, FLOR[DA, that the propen,, described as follow, s, haxing been abated of a public nuisance after due and proper notice thereof'to the owner(s) of sa~d property, is hereb3 assessed the following costs of such abatement, to wit: NAME: BUITRAGO, ALVARO & VERONICA S. LEG*L DESCRIPTION; Lot 3, Block 93. GOLDEN GATE, Unit 3. according to plat thereof as recorded in Plat Book 5 at Pages 97 through 105. inclusive of the PUblic Records of Collier County. Florida. COST: $255.00 REFERENCE#: 1844 FOLIO #: 35992520003 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty ("0) days herecff ,~ const,tute ~ Coliier'Coun[3~ ~ ~-emf!ed cop3 of th~s Resolunon shall be recorded in the official records o -'t a lien against such property according to law, unless such direction is staved bv this Board upon appeal of the assessment by the m~ner. ' ' This Resolution passed and duly adopted by the Board of County Commissioners of Collier Count),, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK. Clerk BY: Dep ut.,, Clerk Approved as to form and legal sufficiencx: Thomas C. Palmer, .Assistant County Attorney F LIEN ',IS'IR RESOLL'TR)N BOARD OF COUNTY COMMISSIONERS COLLIER COL iWTY, FLORDA BY: James D. Car~er, Ph.D. ,Chairman SEP t1 2001 BOARD OF COt,NTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COk .'NTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MUZZONIGRO, GARY P. & DENISE M. DATE: 193 TOPANGA DR BONITA SPRINGS, FL 34135 REF. INV.# 1873 FOLIO #: 36444960000 LIEN NLqMBER: LEGAL DESCRIPTION: Lot 31, Block 248. GOLDEN GATE, Unit No. 7, according to plat thereof of record in Plat Book 5, Pages 135 through 146, of the Public Records of Collier County, Florida. You, as the o~vner(s) of the property abo~e-descnbed, as recorded in the records maintained by the office of the Property' Appraiser, are hereby advised that the Code Enforcement Director, did on May 29, 2001. order the abatement of a certain nmsance existing on the aboxe property prohibited by Ordinance No. 99-51 and served a notice of violation upon >on. The nuisance is: EXOTICS/LITTER: ACCUMULATION OF PROHIBITED SPECIES ON UNINIPROVED LAND LOCATED WITHIN 200' OF IMPROVED, SUBDIVIDED PROPERTY AND PROHIBITED DUMPING, ACCE~IULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE-Itt~DRED SIXTY i$160.00) DOLLARS plus :tn administrative cost of Txvo-hundred 15200.00) dollars for a total of THREE-HUNDRED SIXTY ($360.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on your property v,'~thin t,aent,', 120) days of the date of this legal notice of assessment. You may' request a hearing before the Board of County Commissioners to sho~ cause. if an.;' why the expenses and charges incurred bx the County under Count,;' Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property, Said request for heanng shall be made to the County Administrator, Government Center, 3301 Tamiami Trail East, Naples. Florida 34112 in v,'nting within ten (I. 0) days from the date of this notice. SEP 11 2001 F LIENS, MSTR LN'a.L 1 4 5 6 7 8 9 10 tl 12 13 14 15 16 I7 18 19 20 2l 22 23 24 2o 27 2S 29 30 31 32 33 34 35 36 57 3u 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 RESOLLFFION NO. 20t) 1 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDLNANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED V~tEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed adrninistratlve cost incurred by the County, shall be assessed against such propert3; and WHEREAS, the cost thereof to the Count,,, as to each parcel shall be calculated and reported to the Board of County Cormmssioners, to~,ether'with a description of said parcel: and WHEREAS, such assessment shall be a legal. ~alid and binding obligation upon the property against which made until paid: and WHEREAS, the assessment shall become due and payable no later than twenty (203 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12~1 per annum. NOW, THEREFORE, BE IT RESOL\TD BY THE BOARD OF COL~'TY COb, LMISSIONERS OF COLLIER COL~,/TY, FLORIDA. that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property', is hereb3' assessed the following costs of such abatement, to wit: ~AME: MUZZONIGRO, GARY P. & DENISE M. LEGAL DESCRIPTION: Lot 31, Block 248, GOLDEN GATE, Unit No. 7, according to plat thereof of record in Plat Book 5, Pages 135 through 146, of the Public Records of Collier County, Florida. COST: $360.00 REFERENCE#: 1873 FOLIO #: 36444960000 The Clerk shall mail a Notice of Assessment of Lien to the owneris) of the above described property, and if such owner fails to pay' such assessment ~ithin twenty ~20~ days hereof, a certified cop3. of this Resolution shall be recorded in the official records of Collier Count,,', to constitute a lien against such property according to law, unless such direction is staved by this B'oard upon appeal of the assessment by the owner. This Resolution passed and dui3, adopted by the Board of Count,,, Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COLrNq'y COMMISSIONERS COLLIER COUNTY, FLORDA BY: Deputy Clerk Approved as to form and legal sufficiency: ~ Thomas C. Palmer, As~stant Count5, Attorney F LIEN/MSTR RESOLUTION BY: James D. Carter, Ph.D. ,Chairman SEP 11 2001 EXECUTIVE SUMMARY APPROVE TOURIST DEVELOPMENT FUNDING OF A PARKS AND RECREATION SPECIAL EVENT - COUNTRY JAM May 4-5 2002 OBJECTIVE: To have the Board of County Commissioners approve the use of Tourist Tax for the third annual Country Jam. CONSIDERATION: On June 15, 2001 a Parks and Recreation Country Jam application was reviewed by the Special Events Committee and was recommended for funding in the amount of $100,000. On June 25, 2001 the Tourist Development Council reviewed a request for funding for the Country Jam in the amount of $100,000 and recommended approval unanimously. The Country Jam is sponsored by our Parks and Recreation Department and will be held on May 4 & 5, 2002 at the Vineyards Community Park. This two-day festival will showcase Classic Florida by bringing in national entertainment to our area. Over 100 vendors will sell food, drinks and arts and crafts. A full-scale carnival, pony rides, petting zoo, rock wall and mechanical bull will make Classic Florida a perfect family getaway. The estimated attendance for this event is approximately 16,500 spectators. FISCAL IMPACT: The request of $100,000 is available from Tourist Development Tax Fund (194) Advertising/Promotion and Special Events FY 02 reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board &County Commissioners approve the expenditures for this Special Event. Jafie~ E. E~chhorn, TDC Coord~nato H~3/sing and Urban Improvement Date ~ HGroeugsin~h~n~ '~uDr~:nc~°n~proVe me nl APPROVED BY: Date M. Dunnuck III, Interim Administrator Date munity Development & Environmental Services SEP 1 ! 2001 a presentation cl www. countryjamnaples, com Main Stage Collier County Tourist Dev~elopment Council Grant Application Organization Information Review the guidelines prior to completing this application. Submit an original and twenty- five (25) copies of the application with attachments to Jane E. Eiehhorn, TDC Coordinator, 3050 N. Horseshoe Drive, Suite 145, Naples, Florida 34104. Application Information Apphcant (legal name of organization) Collier County Parks & Recreation Department Address (street or box, city, state and zip code) Naples, FL 34116 3300 Santa Barbara Boulevard Telephone # (941) 353-0404 Fax # (941) 353-1002 E-Mail Address anniepappalardo@colliergov.net Federal ID # 21-07-019995-53C Contact Person Annie Pappalardo Title Marketing/Special Events Supervisor Organizations Chief Official Maria Ramsey Title Parks & Recreation Director Name of Event and Brief Description Country Jam - This two-day festival will showcase Classic Florida by bringing in national entertainment to our area. Over 100 vendors will sell food, drinks and arts and crafts. A f~ll-scale carnival, pony rides, pettin~ zoo, rock wall and mechanical bull will make Classic Florida a perfect family getaway. Collier County Tourist Development~,?~~il Grant Application Organization Information Page 2 Area of Event Impact (Location in Collier County)Vineyards Community Park, 6231 Arbor Boulevard, Naples Event Date May 4 - 5, 2002 Total Number of projects contained in this application one Tourist Tax Dollar Requested $100,000.00 Total Amount of match $130,000.00 Certification of Authorizing Officials · certify that the facts contained in this application are true and complete to the best of my knowledge and understand that, if employed, falsified statements on this application shall be grounds for refusal. I authorize investigation of all statements contained herein and the references and employers listed. I authorize Collier County to make any investigation of my credit or employment status. Organization's Chief Official Marla R~rnsey Typed Name Social Security Number Signature PLEASE INCLUDE THIS CHECKLIST WITH YOUR FINAL SUBMISSION TO INSURE THAT ALL REQUESTED DOCUMENTS ARE INCLUDED. PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: (It is not necessary to provide a copy of these items with the 25 copies.) (1) Charter, Articles of Incorporation, By-Laws, Proof of Current Status, i.e. Annual Report on file with the Secretary of State - Except Government entities. (2) IRS Determination Letter - Except Government entities. (3) List of current officers and board members, indicating terms, or mayor, City Council, etc. _ (4) Copy of financial statement for the most recently completed fiscal year - Except Government entities. (5) Letters of commitment from co-sponsors; (6) Budget narrative (detailed Exhibit "A") Name of Preparer: (PRINT) Signature of Preparer: Annie Pappalardo BOARD OF COUNTY COMMISSIONERS Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 Phone: (941) 774-8097 Fax: (941) 773-3602 District 1 District 2 District 3 District 4 District 5 Honorable Donna Fiala Honorable James D. Carter, Ph.D., Chairman Honorable Tom Henning Honorable Pamela S. Mac'Kie, Vice Chairwoman Honorable Jim Coletta 774-8389 774-8390 774-8393 774-8392 7J4-8391 Country Jam Sponsors · Naples Dodge · Longhorn Steakhouse · Hayloft Western Wear · 1st National Bank of Naples · Naples Community Hospital · Gator Country 101.9 · Fox Television · CMT (Country Music Station) · Comcast Advertising PROPOSED BUDGET FOR COUNTRY JAM TDC F~mding Request (Pending Approval) · Advertising · Ad Placement · Billboard Campaign · Event's Intemet Website · Travel Expenses (Entertainment) · Accommodations · Food · Equipment Rental/Site Preparation · Program and Brochure Creation · Production (Sound/Lights/Stage) · Entertainment Agency · Printing & Promotional Banners & Signs Total TDC 100,000.00 25,000.00 15,000.00 500.00 46,000.00 4,000.00 1,000.00 2,000.00 2,500.00 4.000.00 100,000.00 C.C.P.R.D. 5,000.00 72,000.00 1,500.00 1(!.,700.00 30,000.00 11,800.00 4,000.00 135,000.00 In-Kind Sponsorships/Services · Radio Sponsor (Gator Country) · T.V. Sponsor · Collier County Park & Recreation Staff Total 20,000.00 10,000.00 5,000.00 35,000.00 Revenue · Ticket Sales · l~ood Vendors · Art & Craft Vendors · Rock Wall · Carnival Total 80,000.00 6,000.00 750.00 300.00 4,000.00 91.050.00 Category I Commitment To The Expansion of off-Season Tourism Minimum of 25 points required in this category_ to receive funding. Scope of Work ORGANIZATION: Collier County Parks & Recreation Department EVENT NAME: Country Jam The 4th Annual Country Jam will be held at the Vineyards Community i~ark on Saturday. May 4 - Sunday, May 5, 2002. The event will present entertainment by national performers on par with the headliners of past Country Jams- such as Toby Keith and John Anderson. Over 80 vendors will sell food, drinks and arts and crafts. A full-scale carnival, pony rides, petting zoo, rock wall and mechanical bull will round out the festival. Country is the music style that embraces the family and traditional values. For this reason Country Jam is a rare opportunity for families to enjoy a concert experience together. A Country Jam weekend will be a perfect family vacation. Getaway packages that include restaurant and hotel, campground and RV Park discounts and transportation to and from the event will be offered to support this marketing initiative. Additionally, the venue is centrally located in the Naples area, just minutes away from I- 75, which will increase the event's attractiveness to visitors from the Ft. Myers, Arcadia, Clewiston, Tampa, Miami and West P_~lm Beach areas. As a two-day event held in a desirable vacation destination Country Jam begs patrons t¢ arrive early or stay late to enjoy area beaches, visit attractions and dine out at restaurants. As ~n annual festival with growing name recognition, Country Jam is becoming part of Collier County's cache of features that draw visitors from throughout the state and nation. Category II Out of County Promotion Country Jam Marketing Plan $29,500.00 RADIO ADVERTISING PROGRAM: AMOUNT · WIRK - West Palm Beach, FL · WKIS (Kiss Country) - Miami, FL · WCTQ - Sarasota, FL · WQYK - Tampa, FL · WIKX {Kix 92.9) - Punta Gorda, FL Sub Total $2,500.00 $3,500.o0 S2,5oo.oo S3,ooo.oo $1,500.00 S13,ooo.oo NEWSPAPERS & MAGAZINE ADVERTISING PROGRAM · Display ads in Orlando Sentinel · Display ads in Tampa Tribune · Display ads in Miami Herald · Display ads in Port Charlotte News Press · Display ads in Country. Grapevine Sub Total WEB SITE ADVERTISING · ww;v. countlwj amnaples, com) Sub Total $2,0oo.oo $3,000.00 $4,000.00 Sl,OO0.O0 -$ 5oo.0o $10,500.00 $1,000.00 $1,000.00 TELEVISION ADVERTISING PROGRAM · Comcast Advertising (Country Station) Sub Total $1,500.00 $1,500.00 Total $26,000.00 ********************************************************************************* IN-KIND ADVERTISING · Radio $2,000.00 · T.V. $1,500.00 Total $3,500.00 Category III Soundness of Proposed Event Maximum Fifteen { 15) Points COUNTRY JAM TIME LrNE MAe 4 - 5, 2002 June 2001 · Prepare Application for TDC Funding · Application due on June 13, 2001 · Secure company for Entertainment Acts (Completed June 1, 2001) · Begin Pricing and Availability for National Entertainers · Secure at least 4 different hotels/motels for lodging accommodations July 2001 · Design festival logo · Put Sponsorship Package together · Secure Carnival Company August 2001 · Work on securing event sponsors September 2001 · Work on securing event sponsors October 2001 · Work on securing event sponsors November 2001 · Secure Event Sponsors o Title Sponsor o Media Sponsorship (Television, Radio, Newspaper) o In-Kind Sponsorship (Recreation Vehicles, Art Work, Printing, Food and Beverage, etc...) December 2001 · Secure Entertainment Acts · Prepare application for obtaining a Carnival Permit · Prepare application for obtaining a Special Events Permit · Secure Ticket Sales through Ticket Master January 2002 · Review Entertainment Contracts February, 2002 · Secure ~1! Purchase Orders · Go out to bid for Entertainment Production Company · Secure Entertainment Production Company · Secure Housing for Entertainers · Secure Transportation for Entertainers · Prepare Festival Brochure · Put Event Supply List together · Order Tents · Order Port-O-Lets · Order Generators · Order T-Shirts for Sales · Send out applications for Food Vendors · Send out applications for Art & Craft Vendors · Secure Added Attractions March 2002 · All Contacts Signed by Entertainment Agencies and~ County Officials · Prepare PSA and send out to all media · Prepare advertisement for Radio Sponsor · Prepare advertisement for Television Sponsor · Print Posters, Flyers, Brochures, etc. · Order and receive all Event Banners and Signs · Secure Food Vendors · Secure Art & Craft Vendors · Secure staffing for event · Design Event Site Plan April 2002 · Begin Advertising Campaign April 1st · Begin ticket sales · Secure staff Schedule · Receive T-Shirts · Send out V.I.P Packages · Buy all Event Supplies · Order all supplies needed for entertainers · Put out Directional Signs two weeks prior to the event · Deliver Media Blitz Packages to all media .VIa.y 2002 · Carnival Company is set up by Wednesday, May 1, 2002 · Begin Main Stage Set-Up · Food Vendors set up on Friday, May 3, 2002 · Art & Craft Vendors set up on Friday, May 3, 2002 · Port-O-Lets Set up on Friday, May 3, 2002 · Tents Set up on Friday, May 3, 2002 · Complete Main Stage Set up on Friday, May 3, 2002 · R.V.s are delivered on Friday, May 3, 2002 · All Set Up is complete by 12:00(Noon) on Saturday, May 4, 2002 · Gates Open at 2:00 pm on Saturday, May 4, 2002 · Clean Up on Monday, May 6, 2002 Category IV Organizatiofi Stability and Management Capacity Maximum TwenW (20) Points Collier County Parks and Recreation has been sponsoring special events since 1986. The departments' commitment to provide quality family festival has been highlighted through events such as Snowfest, Christmas around the World, Country Jam, Party in the Park, Senior Expo plus many other smaller scale events. Archives of pictures, media coverage, impact on community, surveys and financial records are public record and can be viewed in the department's archives. Collier County Parks and Recreation Department has the staffing capacity of 210 employees plus other on call employees available for special events. Friends of the Park, a volunteer program through the park system provides over man-hour of assistance throughout the year. All county policies are followed in regards to administering the county's financial process. The Collier County Parks and Recreation Department uses a purchase order system to track our $13,144,100.00 Operating Budget Set timelines are followed to assure reports and audits are connected in a stringent manner. Category V Quality and Uniqueness of Proposed Event Maximum Fifteen (15) Points Country Jam has established strong community support in the last three years of existence. The first year over 5,000 county music fans came out to visit the event. At the time the department was confident that Country Jam had potential to become a statewide festival in upcoming years. The second year Country Jam generated over 8,000 spectators and finally last year National Headliner Toby Keith enjoyed cheers from over 8,000 fans at Vineyards Community Park. The two day 3rd Annual Country Jam featuring Black hawk on Friday and Toby Keith on Saturday had an audience of 11,000 concertgoers. I Florida's history reflects strong popularity in the country music arena, with country music having very strong audiences in the South West Florida market. Collier County sets the stage for the perfect country weekend getaway by providing National Musicians in conjunction to great country cooking, carnival rides and games and the addition of a Hot Wing Cook Off that ~vill be added to the event this year. Artisans will sho~vcase everything from old fashioned home made soap and lotions to Seminole Indian Native crafts. Other partnerships will include visiting Immokalee's Roberts Ranch and Corkscrexv Sanctuary, Everglades Park and other unique amenities that add to the country setting of South West Florida. Our community rich ~vith diversity supports this venue by providing South West Florida as the perfect destination for residents and visitors to enjoy a country getaway from Seminole Indian Rodeos to canoeing at Barefoot Beach Preserve. We would like to expand this event by promoting Classic Florida as the home of Country Jam weekend and nationally market this festival for continuous growth in the country music circuit. Collier County Tourist Development Council Preliminary Status Report EVENT NAME: Country Jam REPORT DATE: June 13, 2001 ORGANIZATION: CONTACT PERSON: Annie Pappalardo Supervisor Collier County Parks & Recreation TITLE: Marketing/Special Events ADDRESS: 3300 Santa Barbara Blvd. Naples, FL 34116 PHONE: (941) 353-0404 FAX: (941) 353~100~ On an attached sheet, answer the following questions for each element in your scope of work. PRELIMINARY - These questions should be answered for each report excluding the final status report. > Is this a first time event? If not, hoxv many times has this event taken place? What hotels have committed to special rates or packages for the event to date? What is the estimated hotel nights generated by this event? What is the estimated revenue generated by this event? What is the estimated number of participants ex-pected to come to this event? If the event is in progress, what has been done, what remains to be done, and are there any problems? > If the event hasn't been started, why? List the out-of-county advertising, marketing, and/or public relations that have been contracted or placed to date? Collier County Tourist Development Council Preliminary Status Report 1. This will be the 4th Annual Country Jam 2. The following Hotels have committed to special rates for the weekend of May 3 - 5, 2002 · Old Naples Tri_~non Hotel - 955 7th Avenue, S. Naples - 435-9600 "Old Naples Trianon will package the weekend at $70.00 per night" · Hawthorn Suites - 3557 Pine Ridge Road, Naples - 593-1300 "Hawthorn Suites will package the weekend at $75.00 per night" · Quality Inn Suites nnd GoLf Resort - 4100 Golden Gate Pkwy, Naples - 455-1010 "Quality Inn will package the weekend at $59.00 per night" · Best Western Naples Plaza Hotel - 6400 Dudley Drive, Naples - 643-6655 "Best Western will package the weekend at $49.00 per night" · Crystal Lake R.V. Resort - 160 Collier Blvd., Naples - 353-4212 "Crystal Lake will package the weekend at $30.00 per night" 3. Two nights 4. Estimated revenue generated from the event Revenue · Ticket Sales · Food Vendors · · · Total Craft Vendors Rock Wall C~trniv'al 5. 18,000 participants 6. Please see Event Time Line 7. N/A 8. Website is already in place 80,000.00 6,000.00 750.00 300.00 4.000.00 91,050.00 APPROVE TOURIST DEVELOPMENT FUNDING USE OF A PARKS AND RECREATION SPECIAL EVENT - A LATIN MUSIC FESTIVAL NOVEMBER 2001 OBJECTIVE: To have the Board of County Commissioners approve the use of Tourist Tax for a Latin Music Festival. CONSIDERATION: On June 15, 2001 a Parks and Recreation Latin Music Festival application was reviewed by the Special Events Committee and was recommended for funding in the amount of $50,000. On June 25, 2001 the Tourist Development Council reviewed a request for funding for a Latin Music Festival in the amount of $50,000 and recommended approval unanimously. The Latin Music Festival is sponsored by our Parks and Recreation Department and will be held on November 3, 2001 at the Collier County Fair grounds. The festival will showcase Classic Florida with its rich, cultural diversity with international entertainment, food and artisans. The estimated attendance for this festival is approximately 11,500 spectators. FISCAL IMPACT: The request of $50,000 is available from Tourist Development Fund Advertising/Promotion and Special Events FY02 reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of County Commissioners approve the expenditures for this Special Event. l{~r~ E. ~ich~-orn,"14DC Coordinator using and Urban Improvement REVIEWED BY: ..~ Gre~ Mi~lf~, 15i[ector Housin~and Urban Improvement Date Date (194) APPROVED BY: J~hn M. Dunnuck III, Interim Administrator Date (Jommunity Development & Environmental Services AGENDA ITEM No. SEP 1 1 2001 Collier County Tourist Development Council Grant Application Organization Information Review the guidelines prior to completing this application. Submit an original and twenty- five (25) copies of the application with attachments to Jane E. Eichhom, TDC Coordinator, 3050 N. Horseshoe Drive, Suite 145, Naples, Florida 34104. Application Information Applicant (legal name of organization) Collier County Parks and Recreation Department Address (street or box, city, state and zip code) Naples, FL 34116 3300 Santa Barbara Blvd. Telephone # (941) 353-0404 Fax # (941) 353-1002 E-Mail Address anniepappalardo@colliergov.net - Federal ID # 21-07-019995-53C Contact Person Annie Pappalardo Title Marketing/Special Events Superviso~ Organizations Chief Official Maria Ramse¥ Title Parks and Recreation Director Name of Event and Brief Description Viva Naples - Latin Music and Food Festival Viva Naples will showcase Classic Florida with its rich, cultural diversity with international entertainment, food and artisans. Collier County Tourist Development Council Grant Application Organization Information Page 2 Area of Event Impact (Location in Collier County)Collier Co~mty Fair Grounds Event Date November 3, 2001 Total Number of projects contained in this application one Tourist Tax Dollar Requested $50,000.00 Total Amount of match $60,000.00 Certification of Authorizing Officials ~ I certify that the facts contained in this application are true and complete to the best of my knowledge and understand that, if employed, falsified sta_tements on this ~application shall be grounds for refusal. I authorize investigation of all statements contained herein and the references and employers listed. I authorize Collier County to make any investigation of my credit or employment status. Organization's Chief Official Maria Ramse¥ Typed Name Social Security Number Signature PLEASE INCLUDE THIS CHECKLIST WITH YOUR FINAL SUBMISSION TO INSURE THAT AI.L REQUESTED DOCUMENTS ARE INCLUDED. PLEASE ATTACH ONE COPY OF EACH OF THE FOLLOWING ITEMS TO YOUR ORIGINAL APPLICATION FOR OUR FILES: (It is not necessary to provide a copy of these items with the 25 copies.) (1) Charter, Articles of Incorporation, By-Laws, Proof of Current Status, i.e. Annual Report on file with the Secretary of State - Except Government entities. (2) IRS Determination Letter - Except Government entities. O (3) List of current officers and board members, indicating terms, or mayor, City Council, etc. (4) Copy of financial statement for the most recently completed fiscal year - Except Government entities. (5) Letters of commitment from co-sponsors; (6) Budget narrative (detailed Exhibit "A") Name of Preparer: (PRINT) Signature of Preparer: Annie Pappalardo BOARD OF COUNTY COMMISSIONERS Collier Co~_mty Government Complex 3301 East Tamiami Trail Naples, FL 34112 Phone: (941) 774-8097 Fax: (941) 773-3602 District 1 District 2 District 3 District 4 District 5 Honorable Donna Fiala Honorable James D. Carter, Ph.D., Chairman Honorable Tom Herming Honorable Pamela S. Mac'Kie, Vice Chairwoman Honorable Jim Coletta 774-8389 774-8390 774-8393 774-8392 724-8391 Viva Naples Sponsors · Univision Television · Caf6 Bustelo · Hispanic Chamber of Commerce · Tamiami Ford · Dish Satellite · William Theis and Sons, Inc. · SunTrust · Wink T.V. · Meridian Broadcasting · Radio Enerjia 1440 PROPOSED BUDGET FOR VIVA NAPLES TDC Funding Request (Pending Approval) · Advertising · Billboard Campaign · Ad Placement · Event's Internet Website · Travel Expenses (Entertainment) · Accommodations · Food · Equipment Rental/Site Preparation · Program and Brochure Creation · Production (Sound/Lights/Stage) · Entertainment Agency TDC C.C.P.R.D. 50,000.00 21,000.00 7,000.00 500.00 15,000.00 1,500.00 1,000.00 2,500.00 1,500.00 5,000.00 4,00O.00 35,000.00 1,000.00 5,~00.00 20,000.00 5,000.00 4.000.00 · Printing & Promotional Banners & Signs Total 50,000.00 79,000.00 IN-I~ND SPONSORSH~S & SERVICES · Radio Sponsor 15,000.00 · T.V. Sponsor 10,000.00 · Staffing 2,500.00 Total 27,500.00 Revenue · Ticket Sales 50,000.00 · Food Vendors 1,500.00 · Art & Craft Vendors 500.00 · Rock Wall 150.00 · Added Attractions 500.00 Sub Total 52,650.00 Event Sponsors 5,000.00 Total 57,650.00 Category I Commitment To The Expansion of off-Season Tourism Minimum of 25 points required in this category_ to receive funding. Scope of Work ORGANIZATION: Collier County Parks and Recreation Department EVENT NAME: Viva Naples Southwest Florida's tropical paradise will soon be the home of VIVA N.~LES Latin Music and Food Festival. VIVA NAPLES will capitalize on the recent headlines in local newspapers reporting the growth of the Hispanic population in Southwest Florida in two ways. First, it will promote Classic Florida as place of cultural diversity for those outside the local area. Second, it will support that diversity among the residents of all areas of the county. Classic Florida is a traditional vacation destination for people from neighboring cities such as Miami, Tampa, and Orlando. VIVA NAPLES will highlight the area as the perfect weekend getaway. Latin music and cuisine lovers will enjoy our beaches, restaurants, hotels, and resorts as well as the festival. A VIVA NAPLES weekend getaway package will include discounts from local restaurants, special rates at local hotels, and transportation to and from the event. Efforts will be made to market the wee~k~_n, d ~ackage to the attendees of national and international conferences taking place throughout South Florida contemporaneously. The Collier Fair Grounds, where the festival wili be held, is centrally located 18 miles from 1-75 and 23 miles from U.S 41, easily accessible from _~ll South Florida municipalities. This unique location will make VIVA NAPLES convenient not only to outside visitors and Neapolitans, but to the residents of Immokalee and Golden Gate Estates, many of whom are Latin Americans. The festival will showcase a variety of Latin music styles including salsa, merengue, nortefia, and mariache and crossover sounds such as Tex-Mex and Latin pop. Local restaurants and statewide food vendors will serve up traditional cuisine from Latin countries such as Cuba, Mexico, Puerto Rico, Honduras, and Peru, as well as international cuisine from the United States, Germany, Italy, and others. The festival will also include a colorful array of international arts and craft vendors, which will draw interest from art enthusiasts from all over. But that's not all: Children's activities including rock climbing, games and rides will add family fun for all ages. VIVA NAPLES GOALS AND OBJECTIVES · Meet the cultural demands for the area demographics · Establish an annual festival that will draw Latin and Tropical music lovers to our area Generate room nights during off season · Increase awareness of our area that will result in more people choosing Collier County as a vacation destination · Add to the well rounded and culturally diverse programs sponsored by Collier County Parks and Recreation Generate business for area motel, hotel, resorts, restaurants and attractions during off-season weekends. Provide media exposure for Collier County in local, state and national Hispanic media, to include print, radio, television and websites THE BENEFITS THAT WILL BE DERIVED FROM VIVA NAPLES · The event will have an economic impact during an off-season weekend. · Patrons attending the event from outside the area will experience Classic Florida at its best. · Viva Naples will provide exposure to the Collier County Fairgrounds and to rural East Collier County. · Viva Naples weekend packages will promote the effectiveness of public/private sponsorship initiatives. · Statewide media exposure showcasing Viva Naples will create exposure for Classic Florida as a vacation destination. · Possible international media exposure on Hispanic Networks This program will be aggressively marketed and packaged stressing the -natural beauty of our area. Visitor information will be_ma, de,.,~ ~ ii available to our patrons when they purchase their ticket ~ in ~[~'~e as well as during the event. We believe that once conceri goer/i-are--A~ made aware of our area they will extend the lengths of their visits to patronize other visitor-oriented businesses and services. This further exposure to Classic Florida will fuel the word-of-mouth promotion that plays a major role in subsequent visitors' selection of our area as a vacation or convention destination. THE EFFECTIVENF-~S OF VIVA NAPLES WILL BE DETERMINED BY 1. Attendance 2. Participating host hotels will be asked to keep track of the number of room nights associated to this event. 3. Surveys will be administered to event patrons requesting basic demographic information and growing overall event success. 4. Coupons of potential sponsors will be provided to patrons and tailored by the business to determine or for redemption. 5. Tracking media exposure for T.D.C. and Classic Florida. Viva Naples will cooperate with existing T.D.C. programs by l distributing visitors' information to event patrons. Concertgoers will be provided with information on our areas parks, hotels and attractions creating a lure to bring visitors back time and time again. In addition, our reputation for providing quality programs precedes our request for grant funding. Parks & Recreation has worked closely with the T.D.C. to provide quality program relaxing to eco tourism and the operation and maintenance for our coastal parks and beaches. Viva Naples revenues, grants and sponsorship revenues will be deposited into a Collier County Parks general revenue fund. The standard fiscal procedure of Collier County is to use the Purchase Order system for the purchasing of all items. Category II Out of County Promotion Viva Naples Marketing Plan $31,000.00 RADIO ADVERTISING PROGRAM AMOUNT · 1440/98.3 - West Palm Beach, FL · 98.3 - Miami, FL · Radio Energize - Tampa, FL Sub Total $2,000.00 $3,000.00 $2.000.00 $7,000.00 BILLBOARD MARKETING CAMPAIGN · Tampa · Orlando · Miami Sub Total $1,500.00 $~,5oo.oo $2,500.00 $5,5ao.oo NEWSPAPERS & MAGAZINE ADVERTISING PROGRAM · Display ads in Orlando Centennial · Display ads in Tampa Tribune · Display ads in Miami Herald Sub Total $2,000.00 $3,000.00 $3.500.00 $8,5OO.OO Total $21,000.00 *********************************************************************************** IN-KI~ ADVERTISING · Radio $5,000.00 · Latin Television $5.000.00 Total $10,000.00 Category III Soundness of Proposed Event Maximum Fifteen (15) Points VIVA NAPLES ~ L~rE NOVEMBER 3, 2001 June 2001 · Prepare Application for TDC Funding · Application due on June 13, 2001 · Secure company for Entertainment Acts (Completed June 1, 2001) · Begin Pricing and Availability for National Entertainers · Secure at least 4 different hotels/motels for lodging accommodations. · Put Sponsorship Package together ~ July 2001 · Design festival logo · Work on securing event sponsors · Secure Event Sponsors o Title Sponsor o Media Sponsorship (Television, Radio, Newspaper) o In-Kind Sponsorship (Recreation Vehicles, Art Work, Printing, Food and Beverage, etc.) August 2001 · Secure Entertainment Acts · Prepare application for obtaining a Carnival Permit · Prepare application for obtaining a Special Events Permit · Secure Ticket Sales through Ticket Master · Secure all Purchase Orders · Go out to bid for Entertainment Production Company · Secure Entertainment Production Company · Secure Housing for Entertainers · Secure Transportation for Entertainers · Prepare Festival Brochure · Put Event Supply List together · Order Tents · Order Port-O-Lets · Order Generators · Order T-Shirts for Sales · Send out applications for Food Vendors · Send out applications for Art & Craft Vendors · Secure Added Attractions September 2001 · Review Entertainment Contracts October 2001 · All Contacts Signed by Entertainment Agencies and County Officials · Prepare PSA and send out to all media · Prepare advertisement for Radio Sponsor · Prepare advertisement for Television Sponsor · Print Posters, Flyers, Brochures, etc. · Order and receive all Event Banners and Signs · Secure Food Vendors · Secure Art & Craft Vendors · Secure staffing for event · Design Event Site Plan · Advertising Campaign begins October 1st · Tickets Go On Sale · Secure staff Schedule - · Receive T-Shirts · Send out V.I.P. Packages · Buy all Event Supplies · Order all supplies needed for entertainers · Put out Directional Signs two weeks prior to the event · Dehver Media Blitz Packages to all media November 2001 · Begin Main Stage Set-Up · Food Vendors set up on Friday, November 2,2001 · Art & Craft Vendors set up on Friday, November 2,2001 · Port-O-Lets Set up on Friday, November 2, 201 · Tents Set up on Friday, November 2, 2001 · Complete Main Stage Set up on Friday, November 2,2001 · R.V.s are delivered on Friday, November 2, 2001 · All Set Up is complete by 12:00 (Noon) on Saturday, November 3, 2001 · Gates Open at 2:00 pm on Saturday, November 3, 2001 Category IV Organization Stability and Management Capacity Maximum TwenW (20) Points Collier County Parks and Recreation has been sponsoring special events since 1986. The departments' commitment to provide quality family festivals has been highlighted through events such as Snowfest, Christmas around the World, Country Jam, Party in the Park, Senior Expo plus many other smaller scale events. Archives of pictures, media coverage, impact on community, surveys and financial records are public record and can be viewed in the department's archives. 1 Collier County Parks and Recreation Department has the staffing capacity of 210 employees plus other on call employees available for special events. Friends of the Park, a volunteer program through the park system provides over 1,000 man-hours of assistance throughout the year. All county policies are followed in regards to administering the county's financial process. The Collier County Parks and Recreation Department uses a purchase order system to track our $13,144,100.00 Operating Budget. Set timelines are followed to assure reports and audits are conducted in a stringent manner. Category V Quality and Uniqueness of Proposed Event Maximum Fifteen (15) Points Collier County Parks and Recreation Department will be the first Government Agency to host a diverse cultural festival with strong emphasis on the Hispanic growth within South West Florida. Throughout the grant a strong concrete marketing plan outlines the benefits derived from this enriched cultural festival. The department assures the citizens and visitors of Collier County and neighboring counties an upper scale festival with renowned musicians, artists, international cuisines, informational opportunities and activities that will create an aroma of excellence to the festival venue. I We would also like to emphasize that our goal is to serve the public by providing affordable ticket prices for everyone from the general public to attend. Strong promotional geta~vay packages will reach statewide residents to generate tourism to Classic Florida during off peak season. Our ultimate goal is to promote Collier County as a haven for vacationing, conferences and seasonal living, which provides nationally recognized recreational opportunities to our residents and visitors. First Time Applicant First Time Applicants Ten (10) Points The Collier County Parks and Recreation Department has submitted a detailed agenda in order to provide the Board of Collier County and the T.D.C. a good outlook on Viva Naples - Latin Music Festival and the outcome to our community. Thank you for the opportunity to apply for funding to begin this wonderful tradition. Collier County Tourist Development Council Preliminary Status Report Viva Naples June 13, 2001 EVENT NAME: REPORT DATE: ORGANIZATION: CONTACT PERSON: Annie Pappalardo Supervisor Collier County Parks & Recreation TITLE: Marketing/Special Events ADDRESS: 3300 Santa Barbara Blvd. Naples, FL 34116 PHONE: (941) 353-0404 FAX: (941) 353-100~. On an attached sheet, answer the following questionsfOr ~ach element in your scope of work. PRELIMINARY - These questions should be ansxvered for each report excluding the £mal status report. Is this a first time event? If not, how many times has this event taken place? \Vhat hotels have committed to special rates or packages for the event to date? What is the estimated hotel nights generated by this event? YVhat is the estimated revenue generated by this event? What is the estimated number of participants expected to come to this event? If the event is in progress, what has been done, what remains to be done, and are there any problems? If the event hasn't been started, why? List the out-of-county advertising, marketing, and/or public relations that have been contracted or placed to date? Collier County Tourist Development Council Preliminary Status Report 1. First time event 2. The following Hotels have committed to special rates for the weekend of 2 - 4, 2001 · The Registry Resort - 475 Seagate Drive, Naples - 597-3232 "The Registry Resort will package the weekend at $220.00 per night" · Hawthorn Suites - 3557 Pine Ridge Road, Naples - 593-1300 "Hawthorn Suites will package the weekend at $80.00 per night" · Quality Inn Suites and Golf Resort - 4100 Golden Gate Pkwy, Naples - 455-1010 "Quality Inn will package the weekend at $59.00 per night" · Best Western Naples Plaza Hotel - 6400 Dudley Drive, Naples - 643-6655 "Best Western will package the weekend at $49.00 per night" 1 3. Two nights 4. Estimated revenue generated from the event Revenue · Ticket SMes · Food Vendors Art& Craft Vendors · Rock \'Vall · Added Attractions Sub Total 5. 8,000 participants 6. Please see Event Time Line 7. ~/A 8. N/A 50,000.00 _ 1,500.00 500.00 150.00 500.00 52,650.00 EXECUTIVE SUMMARY APPROVE AN AGREEMENT BETWEEN THE OCEAN BOULEVARD PARTNERSHIP, OCEAN BOULEVARD PARTNERSHIP II AND COLLIER COUNTY REGARDING MAINTENANCE FOR THE STREET LIGHT SYSTEM ON A SEGMENT OF CREEKSIDE BOULEVARD LYING BETWEEN CREEKSIDE PUD AND US 41. OBJECTIVE: To gain Board approval of an agreement between the County, Ocean Boulevard Partnership, and Ocean Boulevard Partnership II, that will allow the County to assume power costs of decorative street lighting provided by the developers while the developers retain lighting fixture maintenance responsibilities. CONSIDERATION: As a part of it's development agreement the Ocean Boulevard Partnership has constructed Creekside Boulevard, including its roadway lighting. A portion of this roadway, between the Creekside PUD and US 41, will be turned over to Collier County to serve as a County roadway. The private road portion of Creekside Boulevard will include decorative style street lighting and the developer wishes to continue the decorative lighting style for the length of Creekside Boulevard, including the public portion of the roadway. The Collier County Transportation Operations Department would normally assume maintenance and power costs of street lighting on the public portion of this roadway. However, the County cannot efficiently maintain the many and varied styles of decorative lighting that might be furnished by developers. Therefore, this agreement will allow the County to assume the normal power costs of the street lighting on the public portion of Creekside Boulevard, while the developer will be responsible for all maintenance activities of the decorative light fixtures, poles, and lamps. Additionally, the agreement stipulates that if the developer fails to provide adequate maintenance of the lighting that the County will assume maintenance activities and will not be required to retain the decorative style of lighting if replacements ever become necessary. FISCAL IMPACT: The power costs for these street lights are available in the electricity expense budgeted annually in Transportation Services Fund (101). GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the agreement between the Ocean Boulevard Partnership, Ocean Boulevard Partnership II and Collier County and authorize the Chairman to sign the Agreern~er~t. PREPARED BY: / ~-/--~ :'~ .'--"'.~,,.-'/ ,,, Robert W._..Tipton, P.E., Tra,~c .~fl~erationfll~nager REVIEWED BY: Edward J. Ka~t, PE,~'ScTanj ~rta~-i~-n Operations Director APPROVED BY: Norman/E.Feder, AICP Transpo~ation Division Administrator / Attachment(s) DATE:z: AGENDA ITEM No.__J_O g / SEP AGREEMENT BETWEEN THE OCEAN BOULEVARD PARTNERSHIP, OCEAN BOULEVARD PARTNERSHIP H AND COLLIER COUNTY REGARDING MAINTENANCE FOR THE STREET LIGHT SYSTEM ON A SEGMENT OF CREEKS1DE BOULEVARD LYING BETWEEN CREEKSIDE PUD AND U.S.41 THIS AGREEMENT, made this ~ day of ,2001, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" and OCEAN BOULEVARD PARTNERSHIP, a Florida general parmership and OCEAN BOULEVARD PARTNERSHIP II, a Florida general partnership, hereinafter singularly and collectively referred to as "OBP." WITNESSETH YVHEREAS, there is a need to maintain the street light system on a segment of Creekside Boulevard lying between U.S. 41 and Creekside PUD as more particularly described in Exhibit "A" attached hereto and incorporated by reference herein; and WHEREAS, the COUNTY provides and is responsible for maintenance functions for the street lights on Creekside Boulevard between U.S. 41 and Creekside PUD; and WHEREAS, the recently installed street lights specialized maintenance which OBP is able to provide; and I?tNI"[/NCHNIF. NI' NO._ AGE ~ OF ~, at the aforementioned area require J 11 2001 WHEREAS, OBP is prepared to perform maintenance-type functions authorized by the COUNTY for the above-described streetlights. as outlined and NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND OTHER GOOD AND VALUABLE CONSIDERATION RECEIVED AND ACKNOWLEDGED BY THE PARTIES TO BE SUFFICIENT, THE PARTIES AGREE AS FOLLOWS: OBP will maintain the above-described streetlights on Creekside Blvd. between U.S. 41 and Creekside PUD based on specific written authorizations fi:om the COUNTY that shall outline the scope of said maintenance work. OBP shall have control over scheduling of said work and shall provide its best efforts to accommodate emergency situations. If OBP fails to perform maintenance or repairs within thirty (30) days of any written notification from COUNTY of a failure or deficiency by OBP, COUNTY may have the work performed by an outside contract vendor and charge the costs to OBP. 2. COUNTY will pay for all electric energy costs for the subject street lights. 3. To the extent allowed by the laws of Florida, OBP hereby a~ees to indemnify, defend, save and hold harmless the COUNTY from all claims, demands, liabilities and suits of any nature arising out of, because of, or due to any negligent act or occurrence or commission of ;ents, or employees. It is specifically understood and fA'[TACHN~ENT NO. ,. PAGE ':) OF a~eed that this 2 indemnification by OBP does not cover or indemnify negligence or breach of contract by the COUNTY, its agents, or employees. Performance of this Agreement by the COUNTY is the specific consideration from the COUNTY for OBP'S indemnification. The term of this Agreement shall be for one (1) year fi-om the date above first written and shall be automatically renewed for another one (1) year term on each subsequent anniversary date, unless either party exercises the termination rights provided herein. Either party may terminate this Agreement by giving thirty (30) calendar days advance written notice of the party's intent to withdraw fi-om the Agreement at any time. Termination of the Agreement shall occur upon proper service, as required by this section, by written notice to terminate submitted by either party. A termination notice shall be served by certified mail, return receipt requested or hand-delivery. The notice shall be served by OBP on the office of the COUNTY'S Transportation Administrator. Notice by the COUNTY to OBP shall be served on the office of OBP, c/o Barron Collier Company, 2600 Golden Gate Parkway, Naples, FL 34105. Where termination of this Agreement is instituted by OBP, said termination shall not affect any rights of OBP against the COUNTY then existing or which may thereafter accrue. If termination of this Agreement is instituted by the COUNTY, said termination shall not affect any rights of the COUNTY against OBP then existing or which may thereafter ATTACHMENT NO. I PAGE ~ OF '~ '1 accrue. SEP' 11 2001 In the event of termination by either party, COUNTY reserves the ri~ht to remove the non- standard light poles, fixtures and lamps and to replace them with standard poles, fixtures and lamps, at its sole option. IN WITNESS WHEREOF, the parties hereto have cause these presents to be executed the day and year first written above. AS TO COUNTY: ATTEST: BOARD OF COUNTY COI~h~IISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency 7~sistJ~t County Attorney AS TO DEVELOPER: WITNESSES: f ¢/it ess "-__-./ SANDRA P. THOMAS OCEAN BOULEVARD PARTN-ERSHIP, A Florida general partnership Print Name h ' w zmess MARCIA J. WILHELM Print Name BY: ATTACHMENT NO. PAGE ~ OF STATE OF COUNTY OF The foregoing Agreement was acknowledged before me this ,? ~ ~ day of __ , 2001, by Lamar Gable, as a Partner of Ocean Boulevard Partnership. p_ersonally known to me or has produced as He is identification and did not take an oath. (Seal) Notary Public {/' My Commission Expires: IATTACH~ENT NO. PAGE ?:" OF \ _~_ .... SEF 11 2001 AS TO DEVELOPER: WITNESSES: Wi~ess P. THOMAS ~ SANDRA Print Name , ' Wimess c- MARCIA J. WILHELM Print Name OCEAN BOULEVARD PARTNERSHIP, A Florida general partnership Frances G. Vill~ere, as a Partner STATE OF I;"/~/~iD,'~' COUNTY OF (ir / !ie,~'' .'- foregoing Agreement was acknowledged before me this day of ///L'/-9/ The ,2001, by Frances G. Villere, as a Partner of Ocean Boulevard Partnership. She is personally known to me or has produced did not take an oath. (Seal) as identification and Notary Public i~/ ssus¢41J. NEI.80~ My Commission Expires: AGENDA ¢',r-C ,or.~ 1! 2001 ATTACHMENT NO ....... 'L .... PAGE (,, OF ~ '1 AS TO DEVELOPER: WITNESSES: ~ SANDRA P.TH&AS ~'U ~..~_ · Wimess MARCIA J. WILHEI..M Print Name OCEAN BOULEVARD PARTNERSHIP, A Florida general partnership Barron Collier 132, as a Partner STATE OF ~"~O ~ t 0 COUNTY OF (:c / I i"e' ~ The foregoing Agreement w~ ac~owledged before me ~s ,~ '~ day of 2001, by B~on Collier ~,,~ a P~er of Oce~ Boulev~d P~ersNp. personally ~o~ to me or has produced~ ~ identification ~d ~d not t~e ~ oath. Not~ Public ~ ~ J. My Co~ssion Exp2es: ~-~t -.)C~"~ (Seal) ~,TTP,,gH~,IENI NO. PtkGE V OF AS TO DEVELOPER: WITNESSES: SANDRA P. THOMAS Witness t~ MARCIA J. WILHELM Print Name OCEA.N BOULEVARD PARTNERSHIP, A Florida general partnersh/p // -' . _ , fPartner ' COUNTY OF The foregoing Agreement ~vas acknowledged before me this ,z:~'Ot-'/ ~ day of _ ,2001, by Juliet C. Sproul, as a Parmer of Ocean Boulevard Parmership. personally known to me or has produced as ~i'-d not take an oath. ~ (Seal) She is -- identification and .., ' //". Public?'/ 81JOAN J. NEt..~N My Commissz'or~ Expires: l ~TTACH;,~,E~!T NO. t AS TO DEVELOPER: WITNESSES: W,tmess SANDRA P- THbMAS Print Name . ' Wimess MARCIA J. WILHELM Print Name OCEAN BOULEVARD PARTNERSHIP Il, a Florida general partnership .4 L~mt/ar-Gable, as/~-'artn~r of Ocean Boulevard Parmership II STATE OF '~-'-~;~t0 COUNTY OF ~[~ ~e forego~g Ageement w~ ac~owled~ed before me ~s ,2001 by Lm~ Gable as a P~er of 0ce~ Boulev~d P~ers~p H, a Florida generm partnership. H~onally _known to me or has produced as identification and did not take an oath. (Notary Seal) 11.-4':_;"~} MY COMMISSION # DD 004831 f Noiary Publi~ ~// Printed name: My Commission Expires: AGEF!D,~oiTEM or r' I 2001 AS TO DEVELOPER: WITNESSES: SANDRA P. THOMAS Print Name , j. , Wimess MARCIA d. WILHF-..LM Print name CITRUST, a Louisiana Parmership, as a Partner of Ocean. Boulevard earmershiTj~,,, p/ua._. Ch~is~Ph-e~' b. Villere~ a~ a - Partner of Citrust STATE OF COUNTY The foregoin= Agreement ,vas acknowled=ed before me this~3~ ~/-- day of /'2'7,~. __, 2001 by Christopher D. Villere as a Partner of Citrust, as Partner of Ocean B'oul~vard Partnership II, a Florida general partnership. He i.~_s personally known to me or has produced __ as identification and did not take an oath. (Notary Seal) N~tary Publ¢/ Printed nam0',/ ,61,JSAN J. NEL,..q0N My Commission Expires: 2001 AS TO DEVELOPER: WITNESSES: CITRUST, a Louisiana Partnership, as a Partner of Ocean Boulevard Partnership E SANDRA P. THOMAS k.f/cPri~n_ t Name . Wimess M MARCIA d. WILHF-LM Print name BY: 'Mathilde V. Currence ~ormerly known as Mathilde B. Villere, as a Partner of Citrust STATE OF COUNTY OF The foregoing Agreement was acknowledged before me this,~ L2"day of /~']t¢i/ ,2001 by Mathilde V. Currence, formerly known as Mathilde B. Villere, as a Parme/r of Citrust, as Partner of Ocean Boulevard Partnership II. She is. personally known to me or has produced as identification and did not take an oath. (Notary Seal) II ,,,~7~-',,. sus~ J. NELSON II~~ MYCOMM[SSION'DD004631 .1 ~.~.~.:./ EXPIRES: ACd121, 2~5 Al. ~,¢;n:',l,:uil' ,,,i) IPF'E LL.._Z-'.L_ _7---:..Z.-:: - Notary Public / / Susal, i',~. Prmteo. nam,,; , My Commission Expires: SEF il 2001 AS TO DEVELOPER: WITNESSES: ClTRUST, a Louisiana Partnership, as a Partner of Ocean Boulevard Partnership II J ~ANDRA P. THOMAS ~p.P/~ Name / Wimess MARCIA J. WILHELM Print Name BY: Lamar G. viii'e~3,'as a Partner of Citrust STATE OF COUNTY OF C'Tz? / The foregoing Agreement was acknowledged before me this.~F-& day of /'?) __, 2001 by Lamar G. Villere, as a Partner of Citrust, as Partner of Ocean Botffevard Partnership II, a Flohda general parmership. He i{ personally known to me or has produced __ as identification and did not take an oath. (Notary Seal) II-:=~.~.",i EXPIRES: P , dr,= [L"~jqf;~ ~onded IBm ~otarf PuoUc Un~*rw "?""l Notary Pubhc,"//SUSNI Printed name: "" ' My Commission Expires: //-- 2001 AS TO DEVELOPER: WITNESSES: ~i ess ~,,,lUru-~ P. THuMA$ ,. Print Name WimessMARClA~. WILHELM Print Name GIFT PARNERSHIP, a Florida general Partnership, as a Parmer of Ocean Boulevard Partnership II Katherine G. Sp~oul, as a Partner of Gift Partnership STATE OF ~ ~t ~) COUNTY OF (_}~; t [ t ? F" The foregoing Agreement was acknowledged before me , 2001 by Katherine G. Sproul, as a Partner of Gift Partnership, as Partner oJ7Ocean Boulevard Partnership II, a Florida general partnership. She is personally known to me or has produced as identification and did not take an oath. (Notary Seal) VACH,', E 4T NO. I __t ~PAGE 1'; OF __L:! .... //) -~ ' ,. ,] Notary Pullli Printed nar~: My Commission Expires: , AG F~D'~FJLTFF'M Ii 2001 ::: :z ..... AS TO DEVELOPER: WITNESSES: Witr~ss SANDRA P. THOMA~q Print Name Wimess O' MARCIA J. WILHELM Print Name GIFT PARNERSHIP, a Florida general Parmership, as a Partner of Ocean Boulevard Parmership II BY: -J~nnifer~. Sullivan, formerly knowr~ as Jennifer V. Sproul, as a Partner of Gif~ Partnership STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this ¢~---Q~"~ day of (Tp~r~r __, 2001 by Jennifer S. Sullivan, formerly knmvn as Jennifer A. Sproul, as Gift Partnership, as Partner of Ocean Boulevard Parmership II, a Florida general partnership. She is .personally known tO me 9r has produced as identification and did not take an oath. (Notary Seal) Notary Pubic/ sus~ o. UEkSO~t Printed namer 2001 AS TO DEVELOPER: WITNESSES: ~IleSS ~ SANDRA P. THOMAS Print Name. Wimess d.-' MARCIA J. WILHELI~I Print Name GIFT PARNERSHIP, a Florida general Partnership, as a Partner of Ocean Boulevard Partnership II .-" ,:! ~ i . BY:~..i. ~ (,b ,flulie A. Sproul, as a Partner of Gift Partnership STATE OF COUNTY OF ~.? The foregoing Agreement ,,vas acknowledged before me this day of __, 2001 by Julie A. Sproul, as a Partner of Gin Partnership, as Partner of Ocean Botdevard Partnership II, a Florida general parmership. She i~nally__kn.oszm~me or has produced as identification and did not take an oath. (Notary Seal) / Notary Public :/ ' ! Printed name: ,./ My Commission Expires: 5/---,_.0-{ -~0_~ AS TO DEVELOPER: WITNESSES: W~less SANDRA P. THC)MAS Print Name Wimess MARCIA J. WILHELM Print Name BARRON G. COLLIER IV IRREVOCABLE TRUST, as a Partner of Ocean Boulevard Parmership II -~ '/Juliet C. Sproul, as T~stee SANDRA P. THOMAS Name . I ' Wimess MARCIA J. WILHI::LM Print Name ALEXAxNDIk4 EDEN COLLIER IRREVOCABLE TRUST as a Parmer of Ocean Boulevard Partnership II .., ,/..Jd'li~t-C. Sproul, as'~l- ~r~ee W~u~ess )' SANDRA P. THOMAS LARA CHRISTINA COLLIER IRREVOCABLE TRUST as a Partner of Ocean Boulevard Parmership l'I , .-- t.__~Print Name _ Wimess MAR, CIA J. WII.HEL.M Print Name STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement was acknowledged before me this ~>2qb~2'- day of /r~]/~ ,2001 by Juliet C. Sproul, as Trustee ofBarron G. Collier IV Irrevocable Trust, on be'half of the Trust, as a Parmer of Ocean Boulevard Parmership II, a Florida general partnership. She is personally known to me or has produced as ~'--Fd-~entifidation and did not take an oath. (Notary Seal) EXPIRES: ^phi 21, 2005 Notary Public ( sus~ J.~ELS~ Printed name: My Commission Expires: Q/-~I_ {.._.:20,;,._q-- STATE OF i~1%/~, b COUNTY OF ~'~ l l'[ The foregoing Agreement was acknowledged before me this C~ c/" -tk'day of , 2001 by Juliet C. Sproul, as Trustee of Alexandra Eden Collier Irrevocable T4t, on behalf ~f the Trust, as a Parmer of Ocean Boulevard Partnership II, a Florida general partne' rship. She is personally known to me or has produced as i~ntification and did not take an oath. (Notary Seal) /~;'~'~":':~% MY COMMISSION # DD 004631 |~...,~ EXPIRES: Apd121, 2005 NDtary Public :',./ SUSAN J. ~ELSO~ Printed name: My Commission Expires: ,~' STATE OF ~"'[&L~ ~ COUNTY OF (.a ,lift"' The foregoing Agreement was ackno~vledged before me this~¢'¢ day of ...... 2001 by Juliet C. Sproul, as Trustee of Lara Christina Collier Irrevocable Trust, o/{ behalf of the Trust, as Partner to Ocean Boulevard Parmership II, a Florida general partnership. She is .personall_!!.y~known to me or has produced as identification and did not take an oath. SUSAN J. NELSON EXPIRES: Apdl 2t, 2e5 Notary Publi~/ Printed name: 2001 SUSAN J. NELSON OF '4 o rq ,~ N ,'-' o z 0 _.1 EXHIBIT' U.S; /~1 (S.R. AS)TAMIAMI TRAIL I I I I I I I 1 PLAT BOOK LOT ERCE PARK-UNiT ONE PAGES EXHIBIT A CD Z ~ o~ FP ~co~ EXHIBIT' EXECUTIVE SUMMARY APPROVAL AND EXECUTION OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND PELCONCEPTS, INC., FOR OFFICE SPACE TO BE UTILIZED BY THE TRANSPORTATION PLANNING DEPARTMENT. OBJECTIVE: Approval and execution of a Lease Agreement between Collier County and Pelconcepts, Inc., for office space to be utilized by the Transportation Planning Department. CONSIDERATIONS: The Transportation Division, for the purpose of providing needed space for all division staff, has requested additional office space which has become available at their current location at Horseshoe Square located on South Horseshoe Drive. The subject property is 3,103 square feet with annual rent reflective of the other leases Collier County has within that development. The annual rent shall be $41,580.20 with monthly Common Area Maintenance charges of $775.75. The proposed lease space will house the entire Transportation Planning Department, which is currently housed in three separate locations. Space vacated by the Transportation Planning Department staff is needed to house current staff of the Transportation Engineering and Construction Management Department. The initial lease term is for three (3) years with two additional one (1) year renewals. The rent shall be increased by four (4) percent each year after the first full year of occupancy. The lease term commenced on August 3, 2001. Collier County shall be responsible for electricity and telephone charges. The landlord shall be responsible for all costs associated with the operation and maintenance of the electrical, lighting, plumbing and air-conditioning systems and pest control. All other terms of the Lease reflect the County's standard lease format. m~FISCAL IMPACT: The annual rent of Forty-One Thousand Five Hundred Eighty Dollars and ~,~ ~C~1,580.20) which will be paid in monthly installments of Three Thousand Four \. Hundred Sixty-Five Dollars and Two Cents ($3,465.02) and the monthly Common Area Maintenance charges of $775.75 shall be withdrawn from Transportation Services. GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Lease Agreement with Pelconcepts, Inc., and authorize its' Chairman to execute same at a later date pending final review by the Office of the County Attorney. 1t 2001 EXECUTIVE SUMMARY Lease Agreement Between Collier County & Pelconcepts, Inc. Pa_qe 2 Michael H. Dowling, Senior _~alist ( i Real Property Management Department\',-.~ Toni ',~ Mott, SuperviSor \ Real Property Management Department ~he'aa [I ~o~ ~C~ r~gnta°;~ Jmr~'~' RD e/e~p ~ ~t r~ ~ r~ t _ No~?~n E. Feder, AICP, Transportation Administrator SEF il 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE CONSENT TO USE AGREEMENT BETWEEN THE BAY COLONY COMMUNITY ASSOCIATION AND COLLIER COUNTY FOR A PORTION OF THE WATER MANAGEMENT EASEMENT FOR CONSTRUCTION OF A SERVICE ROAD OBJECTIVE: For approval of the Consent To Use Agreement between the Bay Colony Community Association and Collier County for a portion of the Water Management Easement for construction of a service road. CONSIDERATIONS: The Bay Colony Community Association has submitted a site plan for a service road, which includes an encroachment into an existing water management easement. This item has been reviewed and approved by the Pelican Bay MSTBU Advisory Committee and Pelican Bay staff. Accordingly staff recommends approval of the Consent to Use Agreement, subject to review and approval by the County Attorney's Office. ~'~y FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Consent To Use Agreement between the Bay Colony Community Association and Collier County for a portion of the Water Management Easement for construction of a service road subject to review and approval by the County Attorney's Office. PREPARED James P.-Ward / De~partm?~'t.)) ~rect~r ~ . .~., /,,.. // >-' REVIEWED BY:" ':">-['~':: Edwardd:'~ Transpqdatk APPROVED BY: V ~ N~m'~n-Fed Attachments: ~nt, P.E., Director ~ . ,h',Operat~on ~r, AICP, Administrator Tran~Sportation Division Consent, Pelican Bay Resolution Legal Description DATE: "~-~/~> / CONSENT TO USE EASEMENT AREAS THIS AGREEMENT, made this ~ day of August, 2001, between THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as "County") and the BAY COLONY COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, (hereinafter referred to as "BCCA"). WHEREAS, County is the holder of certain easements as conveyed by that certain Drainage Easement granted to Pelican Bay Improvement District, recorded in O.R. Book 1236, Page 1728, more particularly on Page 1739, of the Public Records of Collier County, Florida, as assigned by that certain Assignment Agreement to the County (hereinafter "County Easement"); and WHEREAS, BCCA desires to construct, install, maintain and utilize a service road within and on a portion of the County Easement; and WHEREAS, County is willing to consent thereto subject to the following terms, stipulations and conditions: 1) Notwithstanding any provision of the County Easement which prohibits such construction and installation and subject to the terms, stipulations and conditions stated herein, consent is hereby given by County to BCCA to install, maintain and utilize a service road and install and maintain landscaping within the County Easement in the area described in Composite Exhibit "A" attached hereto and incorporated herein ("Service Road Area"). 2) BCCA accepted this "Consent to Use Easement Area will full knowledge of County's prior rights and existing facilities. The Consent shall not be construed to reduce or diminish County's prior rights in any way. 3) BCCA hereby agrees to indemnify, save, defend and hold harmless County (including, without limitation, County officers, employees, agents, nominees and residents) from and against any and all losses, damages (including, without limitation, any and all consequential damages), costs, charges, expenses, claims, demands, causes of action, accounts, sums of money, reckonings, bonds, bills, covenants, controversies, agreements, promises, variances, trespasses, executions and liabilities (including reasonable attorney's fees and costs at all levels and/or negotiations) whatsoever, at law or in equity, whether in tort, in contract or otherwise which may be asserted or recovered against County (including, without limitation, County officers, employees, agent, nominees and residents) whether asserted by suit, proceeding, defenses, counterclaims, setoffs, or otherwise, resulting from BCCA, its successors or assigns, (including, without limitation, any and all of its members, invitees, licensees, franchisees, guests, lessees, employees, agents and nominees) use, enjoyment and occupancy of the Service Road Area pursuant to this Agreement. The foregoing indemnification and hold harmless provision shall not, however, apply to any damages, ATTACHMENT NO, // PAGE / OF, xpenses _~~ ..... '~\'~-~ N D A ITEM SEP 'ZfI01 or claims therefore arising from the negligence or willful misconduct of the County, its agents or employees. All of the terms and provisions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the parties thereto. It is mutually understood and agreed that this Agreement, as written, covers all the agreements, and stipulations between the parties and that no representation or statements, oral or written, have been made, modifying, adding to or changing the terms hereof. Furthermore, the BCCA acknowledges that the granting of this Consent to Use Easement Areas by the County shall not set a precedent for the County granting future consents. IN WITNESS WHEREOF, the parties hereto, if individual have executed by their proper officer(s) duly authorized to such end. WITNESSES: BAY COLO.~.~f COMlylLI~ITY ASSOCI~A'TI(:~, ~1~{, a Florida not-for Typed Name: La,rel Y. Si*eriC, Ge~~Page dent Typbd~Na~: MerW F. Prentis ATTACHMENf NO. / PAGE ~;'- OF AGEi ~DA ~1 EM .., 1 200! / STATE OF FLORIDA COUNTY OF LEE The foregoing Consent to Use Agreement was acknowledged before me this '~ day of ~-{ .~ C,~ , 2001, by ~E,C)~oF_. ~. J;;)~r~E as ?~_~.,O.j~I:'_L)"'F'" of the-Ba~ Colony Community Associat-ion '(~n behalf of the Association. He is personally known to me. N'~ta ry-P-ul~liF~- ~. My Commission Expires: ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Dwight E. Brock, Clerk James D. Carter, Ph. D., Chairman Approved as to form and Legal sufficiency David C. Weigel, County Attorney ATTACHMENT NO. / PAGE 3 OF ~ AGENDA ITEM ,SE 'i 2.00! STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared James D. Carter, Ph.D., well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, being authorized so to do, executed the foregoing Agreement for the purposes therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed hereto is the true seal of said Board. WITNESS may hand and official seal in the County and State aforesaid this ~ day of ,2001. Notary Public Typed Name: My Commission Expires: t ATTACHMEN, I' NO. / {PAGE ,/~- OF P.O.C. EXHIBIT A P.O.B. CUR~ 0ATA E - 562.~0' L - 3~.70' ~d - 540.69' CtJR~ DATA R - 25.00' L - 7.61' Delto ~ 17'27'04~' Chord Beorlnq --NIB'35'12'E ~hord -- 7."'9' CU R'VE DATA R - 275.10' L - 130.B2' Delta - 29'0Tli' Chord Beorln~ - N23'sg'27'E Chord -- PARCEL "H" CURVE DATA R - 305.10' L -,166.15' C~ord Beoflng -S27'53'30"W Chord - 164J0' CURV~ DATA L 113.78' - 29'57' 54' Chord Beorin = P.B.I.D.D,E. EASEMEI O.R.B,1236. PAGES $739 CURVE DATA R - 27B.00' L - 157.85' De'to - 33-29'40' Chord Deorlng -S02'53'15'E Chord - 155.61' SCA/.~ CURVE DATA L - 27.00' Delto - 22'05'$t' Chord - 26.83' NOTES: 1.) THtS IS NOT A SURVEY. 2.) BEARINGS SHOWN HEREON ARE BASED ON THE NORTH UNE OF THE PLAT Of PELICAN BAY UNIT ~FTEEN WHICH HAS A BEARING OF S. 80~8'20'E. AND RESTRIC~ONS 4.) NOT ............ LEGEND: P.O.C. = POINT OF COMMENCEMENT P.O,B, = POINT OF BEGINNING P.B.I.D. = PEUCAN BAY IMPROVEMENT DISTRICT P.B,LD.D.E.= PELICAN BAY IMPROVEMENT DISTRICT DRAINAGE EASEMENT O.R.B.= OFFICIAL RECORDS BOOK S~(ETCH AND DESCRIP~ON PELICAN BAY UNIT FIFTEEN JOHNSON ENGINEERING. INC. ENGINEERB. BURV£YOR$ AND ECOLOGIST~ AGENDA ITEM SEP ! ! ?..I]1]1 DESCRIPTION: A TRACT OR PARCEL OF LAN0 LOCATED IN SECTIONS 32 AND 5'~, TOWNSHIP 48 SOU'R-I, RANGE 25 EAST, COLLIER COUNTY', FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOllOW:. COMMENCE AT THE NORTI'IWESTERLY CORNER OF TRACT '2' OU]T:~ARCEL AS SHOWN ON "~'tE PLAT OF PELICAN BAY UNIT FIFTEEN AS RECORDED IN PLAT BOOK lB, PAGES 5-13 OF '~,'lE PUBUC RECORDS OF COLLIER COUNTY, F1.ORIDA; THENCE RUN SOUTH 80'08'20' EAST ALONG THE SOUTHERLY BOUNDARY UNE OF SAID TRACT '2' OUTPARCEI. FOR A DISTANCE OF 396.79 FEET TO 'l]-IE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE SOUTH BO.08'2D' EAST ALONG THE SOUTHERLY LINE OF SAID TRACT OUTPARCEL FOR A DISTANCE OF 40.24 FEET; THENCE RUN SOUTH 10'56'59' WEST FOR A DISTANCE OF 10.00 FEET; THENCE RUN NORTH 80'08'20' WEST FOR A 01STANCE OF 10.00 FEET; THENCE RUN SOUTH 10°56'39- WEST FOR A DISTANCE OF 100.72 FEET TO A POINT OF CURVA'PJRE OF A CURVE CONCAVE NOR'R'IWESTERLY AND HAV1NG A RADIUS OF 50§.10 FEET AND A CENTRAL ANGLE OF 51'12'06'; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT FOR A DISTANCE OF' 166.15 FEET, SAID ARC SUBTENDED BY CHORD BEARING SOUTH 27-55°50' WEST AND A CHORD DISTANCE OF 164.10 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 220.00 FEET AND A CENTRAL ANGLE OF 2B'37'5'4'; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT FOR A DISTANCE OF 115.'78 FEET, SAID ARC SUBTENDED BY A CHORD BEARING SOUTH 28'40'.]6' WEST AND A CHORD DISTANCE OF 112.51 FEET TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 15-51'59' WEST FOR A DISTANCE OF 124.95 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF, 270.00 FEET AND A CENTRAL ANGLE OF 55'29'48'; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT FOR A DISTANCE OF 157.85 FEET, SAID ARC SUBTENDED BY A CHORD BEARING SOU'RI 02'55'15' EAST AND A CHORD DISTANCE OF 1.55.61 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 70.00 FEET AND A CENTRAL ANGLE OF 22'05'51'; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT FOR A DISTANCE OF 27.00 FEET, SAID ARC SUBTENDED BY A CHORD BEARING SOUTH 08'55'15' EAST AND A CHORD DISTANCE OF 26.83 FEET; THENCE RUN NORTH 17'34'21' WEST FOR A DISTANCE OF 73.06 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 362.10 FEET AND A CENTRAL ANGLE Of §6'O7'2g'; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT FOR A DISTANCE OF 354.70 FEET, SAID ARC SUBTENDED BY A CHORD BEARING NORTH 10'29'28' EAST AND A CHORD DISTANCE OF 540.69 FEET TO THE POINT OF TANGENCY OF SAID CURVE: THENCE RUN NORTH 58'52'55' EAST FOR A DISTANCE OF 59.95 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 275.10 FEET AND a CENTRAL ANGLE OF 29'07'11'; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT FOR A DISTANCE OF 159.82 FEET, SAID ARC SUBTENDED BY A CHORD BEARING NORTH 2.~'5g'27' EAST AND A CHORD DISTANCE Of 158.52 FEET TO THE POINT 0f TANGENCY OF SAID CURVE; 'R-IENCE RUN NORTH 09'51'40' EAST FOR A DISTANCE OF g2.g4 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE SOUTHEASTERLY, HAV1NG A RADIUS OF 25.00 FEET AND A CENTRAL ANGLE OF 17'27'04"; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT FOR A DISTANCE OF 7.61 FEET, SAID ARC SUBTENDED BY A CHORD BEARING NORTH 18'3§'12' EAST AND A CHORD DISTANCE OF 7.5g FEET TO THE SAID POINT OF BEGINNING. PARCEL CONTAINS 17,824.70 SQUARE FEET OR 0.409 ACRES, MORE OR LESS. ATTACHMENT NO. / PAGE (' OF ,JOHNSON ENGINEERING, INC, ENGINEERS. SURVEYOR~ AND ECOLOGI$11 AGENDA · t 7 J~20F2 RESOLUTION OF THE BOARD OF GOVERNORS OF BAY COLONY COMMUNITY ASSOCIATION, INC. WHEREAS, there has been presented to the Board of Governors of Bay Colony Community Association, Inc. the matter of signing a CONSENT TO USE EASEMENT AREAS a~eement with The Board of County Commissioners of Collier County, Florida, (hereinafter referred to as "County"). WHEREAS, this ageement is required by the County in order for the Bay Colony Community Association to construct, install, maintain and utilize a service road within and on a portion of the County's Easement. WHEREAS, it is deemed in the best interest of the Bay Colony Community Association, Inc. to construct this service road. RESOLVED, that the Bay Colony Community Association agees to enter into this CONSENT TO USE EASEMENT AREAS ageement as set out herein, is hereby adopted and approved; and FURTHER RESOLVED, that the appropriate officers of this corporation are hereby authorized and directed to execute all documents and to take all actions they may deem necessary or advisable to carry out and accomplish the purposes of this resolution. DATED: This ~ day ofAugust 2001 BAY COLONY COMzYFu~'NITY ASSOCIATION, INC. Chris Hanlon, Secretary on behalf of the Association NO. / OF / AGENDA ITEM { W ITI~ESS£TH : pt~, ~r~le~ ~ ~]a~d ap~{~s over, ~r, ~ and p~ie~ ~c~ ~ ~I3{T "A" a~cr~ ~*~ an~ ~de a par: ~. -- - . ar4 assigns. a~ as~t~, ~ ~tn~tn ~ wa~r ~nag~nt and ~, l: ~~ and as~t~s, or a~ o~er ~ ~ng ac:mss o~er ~tti~ ~ p~les e~e~d by ~hi3 eas~nt. ~ll, ~ :~ u~t ~a~nable and ~s~tble un~r ~ tn ~o~t~ ~ ~htn ~ p~les e~d for ~ cast of ~s~ratton of i~v~n~ {e.g. bik~ pa~qs, landscap(ng, lighting flzt:r~s, er.:.) that haw been or ~ll ~ 1~2~ tn ~ions oF ~ ~ - r ....... .... P~~ - -'- AGEN~ ~~ OR.SO~K PA~ PglD DRAINAGF-$'fSTZM VI . DRAINAGZ ~A~.MEHT HO. 1 COMM~CZ &t t~e ~u~e~t ~rner of ~tion 12, Tow~p 43 ~uth, Rz~e 21 ~ ~c~ H O0*3i'~O" W ~o~ ~he e~t ~Be of ~d ~tion 22 for 2470.44 feet to t~e ~in~ to t~ ~tnt of ~at~e of a circ~ ~ ~ncsve ~o the e~t: .' ~nce nor~erl~ ~d nor~t~l~ ~o~ ~e ~ Of ~d c~ ha~nq for i~ elem~U a ra~ of 3G~10 feel ~ a c~ntr~ ~le of f~O~'10' for 324.$~ fe~ io the ~in~ of ~nc~ ~e~e H ~'l~i0' E for 40.00 fe~ to ~he ~inC of c~vat~ of a circ~ c~e a rata o~ l~5.1O feet ~d a cantr~ ~le cf 0~0~'~0' for i4.~5 feet To an inte~ecticn wi~ the w~terly l~e of ~tlon 32, Tow~itp 48 ~uth, ~ge 22 ~t; thence ~ntinue ~rth~terly ~o~ ~e ~ of ~td c~e ha~ for i~ ~emen~ a r~di~ of :Ti.10 feet N 0~'51'4~ E for 9~O~eet to ~e ~int of c~tt~e of a-c~c~ c~ve co.ave to the for ~ ~em~ a ra~ cf 2~.~ feat and a c~n~ ~e of ~O'OffO~ for 3~.2F fa~t the ~int of ~, ~ing a ~tnt on ~e ~erly riOter-way ~ne of S~ S ~t B~a~ Roa~ ~e S $0' 0~ E ~o~ ~id ~utherty ~t~-wa~ ~ne fcr I~3.S& f~t; ~ee S 3~'25'~4' W for ~4~2 feeq t~nee S 22'10'~0' ~ for 22.77 feet; i0.5l f~ ~ce S I~ll'21'E for ~.~2 f~t; ~encl S51'2~21'E for 16.21 feet; ~ S22'~5~Z for 4~0 feet; ~e~e S24'1{'12'E for 41.49 feel; the~ S 15'4~13' E for 45.21 feet; ~ce S 01'Il'gl' W for 51.42 feet; ~ence S l~2l'it' W f~ ~1.06 feet; thee. S Q~II'Q4' E for 23.21 fe~i; ~e~e S ~4~S" E for ~7.TO fe~t; 3 81'04'1&' W for 10.00 f~t; ~e~ S 01'~5' ~ for 27.48 feet; t~e S 44'~" for ii.il fee~ ~ S 41'1~4a' E,for IS.fl feet; ~ence S 55'0~51' E for IS.iT feet; ~e 31~1'9~E for 2~.22 fee~; ~e~e S l1'4~29'E for 2~2 feet: '3 ~5441~ B f~ 34~ feet; ~ence ~ 6~25'2~ E for ~S~6 feet; thence S 45'32'~' W for 2~ll f~t; ~e~e S 52'571~' E for 41.72 fe~t; ~e~e S 05'4a'59' W for ~g.2~ fe~t; ~ S4~l~Sg'E for 4~.42 fe~t; ~ 32~'17~2'E for 71~2 feet: for I{I.S{ fee~ ~ce S$~I~41'W for S0.9{ fe~t; ~ence SS8'21'24'W for III.SI ~n~ve to ~e ~t, ~d ~int b~ S 50'~I'I~ W lmm the rmdlm ~int cf ~d ~ ~er~a nor~w~terly ~o~ the a~ of ~id c~e ha~ng for 1~ elemen~ a rs~ 590.00 feet ~d a c~ ~gie of 21'14'22' for 222.15 feet to the ~int of t~g~nc~ ~e~ N I~4~I'W for 60~49 feet to ~e ~int of ~n~. ~id ~=1 of land :o~-o..~o {AITACHMENT NO. _ , · ~...~'.~-. ~_.'.F.'..~ ,. - ' · . 1ll7~1 A ~arcet of land ly(r~' tn ~tfon -':, Town~nlp 43 2,:ut.~ F.m.-.ge 2~. .~.t:t, C~tli~.- C~tmtT, Flor(da, mere [:~rtlc..fl~rly de,scribed a.1 feD. owed: ~e~ N 00':3'50" W ~ng t~ ~t~17 ~ne of ~ld ~:ton ~: for ~4~T.~ fe~t to ~te~n ~ ~e ~u~erly ~t~f-w~y Uae of ~ ~62 (~ar/~ilt ~ach ~ce N I~OS':~' W ~ ~d ~uth~ly fl~t~f-way Une f~ S~6.:~ feet to ~cn ~ ~ eu~7 ~ne of ~% c~ ~l of l~d d~i~ ~ O.~ 1~ at Pa~ 1444 ~ 14~4 o~ ~e ~Uc E~ et ~e~ ~W, ~; ~ ~he ~ta~7 ~ ~ou~er~y ~ of said ~1 of l~d for the followi~ fo~ (4) ~; (1) ~ce S 0~'S1'40'W for 1T~.00 feet: (:] ~ S4~0'00'~ ~t of ~d c'~e; (4] thence ~w~erly.~ the ~ of uid c~e ha~r~ for ~em~ a r~ of 4~0.~0 feet ~d a c~ ~e of ~4~4' for ~8.:~ feet; ~n~u~ ~w~iy ~ ~e ~ of ~4 c~e ~ for t~ ~,ment~ a rm~~ c~/zt~ w{~ 4 ~ c,~e ~zve to ~he nor~w~ ~e~e ~u~hw~teriy ~o~ ~ of ~d ~m ~ f~ t~ ~emen~ a ra~ of T45.~0 feet ~d a c~ ~gle ~ 9 S~2~29' ~ for l~T.9] f~ei; ~ N {~':7'17 !fcr 2S2.3~ fe~t To ~%e ~int cf L'~HIBZT 'A' AGENOA NO. 55' A ~ of lard lyir~ in N 1~14~1" W f~ ~ ~ :~.2~ f~ ~s S ~ flt~ta, I~ ~ ~t~ in ~ ~ty, Eod~, ~~ 0.II a~, more cr : AP.v. a.~ i AGENDA ITEM .~o._/rt/:5_.. ~' c,' , '?.illit ?~. ..... /~ EXHIBIT "AI ~JTACHMENT,NO. _.4 PAGE // OF ~ PBID D.I~&DIAGZ 3Tb-l'Z~ YI --_.....~ LZCIAL DILMI'IAGZ .~.J~ ~ T A l:~rcel ol' IAnd lldr~ in S~:tlon 3Z, Towm~lp 4~ ~u~, P,.an~e 2~ E.~r~ Collier CaUntT, Fl~-tda, mcca p~rtlc-.d~rly dcscril:~d as foLlow-n COMMEHCZ at t~e s4~tne~st e~r~er' of ~on 3~ Tow~p 41 ~u~, ~e 1~ ~ ~ M ~3~'~ W ~ ~ ~t~17 ~e o~ ~d ~on 32 for 2'37.0~ fe,t to ~te~on ~L% ~e ~ly ~t~ay ~e of S~ SlS2 (Y~t Beach ~d~ ~ H 30'~" ~ ~ ~d ~ty ~t~ay ~l f~ a26.3~ feet to ~ ~k I073 at P~ 1444 ~ 1474 of ~e ~c R~ of ~ ~o~; ~ ~oK ~e ~t~ty ~d ~u~e~7 Un~ o~ ~id ~ c~ ~d for f~o~ ~C~ ~ve (~3 ~; (I) ~ce S 0g'51'40" W f~ 175.00 ~eet; (2) th~ of ~d ~ ~¢ I~ l~ ~em~ a ra~ o/ 4~O.O~.feet ~ a ~ ~ie S 01'3~? Z f~ 38.90 feet~ ~ S 03'03~ E f~ 6~29 fe~t: ~ S 0~3~I?" E 383~2 fee~ ~ S 0~41'1~ Z f~ 737.22 f~q ~ S :~13'~4' Z f~ 74.45 feet; ~ TO. O0 f~t to a ~int cna m.~ ~a r~ ~o~ ~e tp~mate M~ ~t o~ P~1444~14T41 ~e~S~.O~_~~d~iT~ef~llS.0Ofeetto 4 APR ~ 1 "'" ', '181Z~E C~MMZHCZ at ~e sought ~er' of ~tion ~ Tow~0 4a ~uth, R~e 25 ~t; ~te~cn wt~ ~e ~ o[I ~*~ ~e ~v~ to t~ ~u~w~t and ~ing tr.e ~int i~ ~emenU & r~ o~ SOl.0~ f~t ~d a ~ ~e o~ ~*0~44' f~ 23.~0 feet; :~ence to ~e ner:~e~ ~d ~int ~ H 8~44~ W f~m ~e radi~ ~int oi ~id rx~ o~ 1~i0 feet ~d a cent~ a~a o~ =:'4~4~ for 1~0.~2 fe~t to ~e ~int cf = ~ve to ~e ~uu~w~t, ~d ~tnt ~ ~ :2'2~'29' W f~m the radi~ : AY?- AG! No,, ~. IATTACHM£NT }10. -~ PAG,T. 12. oi 1,.,~.-.. EXECUTIVE SUMMARY APPROVE AWARD OF A CONSTRUCTION CONTRACT TO THE LOWEST BIDDER, FLORIDA STATE UNDERGROUND, FOR THE INTERSECTION IMPROVEMENTS AT RADIO ROAD AND DAVIS BOULEVARD (S.R.-84), BID No. 01-3269 OBJECTIVE: To receive the Board of County Commissioners' approval and award of the construction contract to Florida State Underground for the Intersection Improvements at Radio Road and Davis Boulevard, Bid No. 01-3269. CONSIDERATIONS: Advertisement for BID No. 01-3269 were published on July 16, 2001. Bid opening was conducted on August 16, 2001. Four bids were received as follows: Better Roads, Inc. $1,721,652.74 APAC Bonness, Inc. Florida State Under.qround $'1,522,313.68 $1,304,415.35 $1,286,787.70 The recommended contract award amount of_$l,286,787.70 consists of Intersection Improvements at Radio Road (C.R. 856) and Davis Boulevard (S.R. 84), Project No. 65031, CIE #16. The engineers estimate prepared by Agnoli, Barber, & Brundage, Inc. was $1,201,868.68 which is below budgeted amount of $1,376,700. :~,,~TISCAL IMPACT: Funds in the amount of $1,286,787.70 are budgeted in FY 02 within the ransportation Gas Tax Fund and Impact Fee District 2 Fund. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1) Approve award of construction contract to the lowest bidder, Florida State Underground, for the Intersection Improvements at Radio Road and Davis Boulevard for the total amount of $1,286,787.70, and 2) Authorize the Chairman to execute the Cq~ml~ ction Agreement with Florida State Underground. SUBMITTED BY: ~'--~"-~~~~ Date: ~//27'7/~ '~ Juli o~=O] ~-Proj ec~Manage¢ III T ra~poffj,tion Operations Depa~ment ~VIE~DBY: ~~~' ~-~'~t~ Date ~['~lOI Steve Cari~ell, Director / ~ PurchasinWGeneral Se~c~paament ~VIE~D BY: '? ~Y/~'Y~-- , ' -' ?.Z' *..~_.Zff~'7 Date Edward~. Khnffp~irector Transp0natio~ >¢~ations Department Norman Feder, Administrator Transportation Services Division Dati SEP 11 200~ pg._ / EXECUTIVE SUMMARY RESOLUTION OF THE COLLIER COUNTY BOARD OF COMMISSIONERS APPROVING THE EXPENDITURES OF FUNDS FOR ACTIVITIES AND INCENTIVE PRIZES FOR CHILDREN ACTIVE IN THE WALK OUR CHILDEREN TO SCHOOL DAY. OBJECTIVE: That the Board of County Commissioners approve a resolution authorizing the expenditures of funds not to exceed $2,000 to cover the costs of activities, t-shirts and incentive prizes for children participating in The Walk Our Children to School Day program. CONSIDERATION: Thc Board of County Commissioners is authorized by law to determine when the expenditure of public funds is for valid and proper purposes. The Walk Our Children to School Day program, which will be held on Tuesday, October 2, 2001, is an annual event to draw attention to the challenges children face in getting themselves to school and the potential walking has as a mode of transportation. The program will highlight three practical benefits and characteristics of neighborhoods that allow children to safely walk to and from school. These are Improved Health, Improved Safety and Improved Community Design. Holding and participating in the program will create a forum for examining and discussing ways we can improve the design of our communities to provide our youth with a safer, more independent childhood. Children who might not normally walk will enjoy the attention and the exercise; those who do xvill be reminded of safety precautions to take along their route. FISCAL IMPACT: Funds are available in the Transportation Planning Administration budget in an amount not to exceed $2,000 to cover program expenditures. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution ratifying and approving the expenditures for activities, t-shirts and incentive prizes for children participating in the Walk Our Children to School Day program. Prepare~d by: Bicycle and Pedestrian Coordinator Date: Reviewed by: Db-wnW°lfe'- ' ~ ~/~ Approved by: Norman Feder Date: SEP I 1 2Cqi RESOLUTION NO. 2001- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE EXPENDITURES OF FIfNDS FOR ACTIVITIES AND INCENTIVE PRIZES FOR CHILDREN PARTICIPATING IN THE WALK OUR CHILDREN TO SCHOOL DAY. WHEREAS, the Collier County Board of County Commissioners has legal authority to adopt a resolution authorizing the expenditures of County funds for valid and proper public purposes; and, WHEREAS, the Collier County Board of County Commissioners recognizes the worthwhile goals of the Walk Our Children to School Day program and the positive effects the program has on the community. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners that the expenditure of funds not to exceed $2,000 for activities associated with the Walk Our Children to School Day program is approved. The specific expenditures approved are: incentive prizes including but not limited to: T-shirts, stickers, posters, handouts and snacks for the children participating in the Walk Our Children to School Day. THIS RESOLUTION ADOPTED '[HIS MAJORITY VOTE FAVORING SAME. DAY OF Ab-TER A MOTION; SECOND AND ATTEST: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS By: Dwight E. Brock, Clerk By: James D. Carter Ph D., Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY: !queli¢ Robinson, Assistant County Attorney AGENDA ITEM No. /o£ ~ EXECUTIVE SUMMARY APPROVE REQUEST TO INITIATE ALTERNATIVE DISPUTE RESOLUTION PROCEDURES OF BINDING ARBITRATION AND PRE-SUIT MEDIATION IN COUNTY CONSTRUCTION CONTRACTS OBJECTIVES: To obtain Board of County Commissioners approval for instituting the Collier County Alternative Dispute Resolution Procedure ["ADR"], for Binding Arbitration and Pre-suit Mediation in County construction contracts by adoption of a Resolution. Litigation of Construction matters traditionally has been complex, lengthy and expensive and as a result, the use of ADR has become more common in the State of Florida. Using this procedure will place Collier County at the cutting edge of alternative methods of resolving disputes. Normally these types of cases often require expert testimony and lengthy evidentiary presentations that can create costly court cases. ADR has over the years developed as a successful alternative to litigation and the State of Florida has several statutory schemes that support its use. Mediation often results in settlements of disputes without resort to court litigation. It is anticipated that use of alternatives to immediate court litigation will result in cost and time savings to the County. County staff anticipates beginning the process in the late fall of 2001. The Twentieth Judicial Circuit Court Mediation Program has agreed to administer the Mediations and Arbitrations for the County utilizing its Florida State Certified Mediators and Approved Arbitrators. There will be a cost of 25% of the total cost of Arbitration paid to the Court for Arbitration, but no additional costs for Mediation. All costs of the ADR will be equally shared by the parties. CONSIDERATION: The Transportation Division and the Purchasing Department have reviewed the County claims procedures with the Office of the County Attorney and determined that a recommendation should be made to the Board of County Commissioners to begin alternative dispute resolution procedures. Under this process, all disputes and claims up to $250,000.00 shall be referred to Binding Arbitration and all claims and disputes involving more than $250,000.00 shall be referred to Mediation. Arbitration or Mediation must be invoked prior to any court litigation. If Pre-suit Mediation fails to resolve a dispute, then a party may proceed to court. The use of ADR shall not be a basis for delay of performance under the contract. Prior to invoking ADR, there must be a negotiation of the claim with County staff to resolve any dispute. Only upon a failure of the negotiation can ADR begin. The costs shall be equally divided between the parties. Prior to instituting ADR, County staff will have to prepare the necessary Claim Forms, select the potential arbitrators, amend its bid documents and insure that its consultants and outside engineers assume res ~onsibility for organizing and preparing arbitration and mediation documents and draftin ~th~ Cn,,my~ statements of Claim or a response to a claim. AOENDA I~'EM SEP 11 2001 pg. Executive Summary Page 2 of 2 FISCAL IMPACT: There will be additional costs associated with paying and selecting arbitrators and mediators, however these are not thought to be substantial and will be shared by the parties. It is believed that this procedure will save the County the expenses of trial in most cases. The costs associated with the ADR will come from each project from which the dispute arises. GROWTH MAMAGEMENT: There is no impact on growth management. RECOMMENDATION: Approve staff's request for instituting ADR procedures. PREPARED BY: REVIEWED BY: REVIEWED BY: Tran_s~ortation Administrator ----, (~avid C. Wmgel, County Attorney , :c ~..,~O.:~t ~ DATE: ' t ' ~,, ;, ,!., . J~cqu'ehne Hubbard Robinson ~'ssis'tant~ County Attorney ' , ~ ~ '~/, DATE: Steve Camell Purchasipg Director NovOn Feder/~ / APPROVED BY: DATE: Thomas C. Olliff, County Manager 2 SEP 11 2001 RESOLUTION NO. 2001-__ A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INSITUTING ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR BINDING ARBITRATION AND PRE- SUIT MEDIATION IN COUNTY CONSTRUCTION CONTRACTS 7 9 WHEREAS, LITIGATION OF CONSTRUCTION MATTERS TRADITIONALLY 10 HAS BEEN HIGHLY COMPLEX, LENGTHY AND EXPENSIVE; AND l! WHEREAS, THE USE OF ALTERNATIVE DISPUTE RESOLUTION HAS BEEN !2 SANCTIONED BY THE STATE LEGISLATURE AND IS CONTROLLED BY FLORIDA !3 STATUTES, CHAPTER 682 WHICH IS ADOPTED HEREIN IN CERTAIN ]4 PROVISIONS; AND !5 WHEREAS, ALTERI~ATIVE DISPUTE RESOLUTION PROCEDURES CAN LEAD 16 TO SOLUTIONS TO CONTROVERSIES AND DISPUTES WITHOUT PROTRACTED 17 AND EXPENSIVE TRIALS; AND 18 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 19 COPIMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 20 The Collier County Board of County Commissioners hereby 21 adopts and incorporates into its purchasing and bidding 22 procedures the Collier County Alternative Dispute Resolution 23 Procedures Attached hereto as Exhibit "A". 24 BE IT FURTHER RESOLVED that the Collier County Alternative 25 Dispute Resolution Procedures shall become effective thirty (30) 26 days after Board of County Commissioners' approval and forthwith 27 upon County staff's completion of the forms, selection of the 28 Arbitrators and Mediators and other attendant matters necessary 29 to implement the procedures. 3O - 1 - AGENDA ITEM SEP Zl]ll, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 45 46 This Resolution adopted this 11t~ day of September 2001 after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency: sC~eline Hubbard Robinson sistant County Attorney Jackie/A1 teI-nat ive / Resolu t ion - 2 - AGENDA ITEM SEP 11 211Ill COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pm-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. DEFINITIONS: 2.1 Claim: A demand by either party to a contract for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or prihted presented to the arbitrator[s] or mediator[s] as nonexistence of a pertinent fact. material or other things proof of the existence or JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may EXHIBIT "A" exceed that amount. SEP 1 1 2001 Pg. 3.2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and the prime contractor. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. 4.1 4.2 INITIATING DISPUTE RESOLUTION PROCEDURE: 4.3 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice.of Claim, a Request for Negotiation, a Request for Arbitration and a Request ~for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no heating. 4.4 The Claim Form shall be accompanied by: 2 AGENDA i,TEM SEP 11 2001 o bo c° do 5.1 5.2 5.3 A brief summary of the nature of the dispute involved in each part of the claim. The amount of compensation being requested for each part of the claim along with supporting information. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. Contract Time analysis if a Release of Liquidated Damages is included in the claim. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. ADMINISTRATION OF ARBITRATION: The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the heating. The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during neo~otjnticm~ - between them prior to arbitration being initiated. In any vent,~l~l~A SEP 11 2001 exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. INVOLVEMENT OF AT-I'ORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties. a. The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration ~anel will be the sole judge of the relevance and materiality of evidence offere, 4 AOE~D~,? I'r~M SEF 11 2001 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the heating to a later date as previously set forth herein. ao A stenographic record of any heatings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. o ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the 11 2001 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision- making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and.distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. CO~MPENSATION OF TI--[E ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall r{"'"'~'tT- charges to the Court Program upon the conclusion of the ADR Proc SEP 11 2001 6 10. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by the Contractor, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program' s list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the type of construction involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either the Contractor or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: The person[s] selected will not have any direct or indirect ownership or financial interest in the Contractor awarded the project, the CEI consulting firm selected for the project, in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolve disputes. No arbitrator or mediator will be employed by the Contractor awarded the project, the CEI consulting firm selected for the project or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. do The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. governing mediation are incorporated herein. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure bE 11 2001 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. Prepared and Approved as to form and legal sufficiency: e0he Hubtbard Robinson ~sistant County Attorney 8 AGE~tDA Ii, EM SEP 11 2001 pg. /_-2.. TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim,[whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: -A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. SEP 11 2001 Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. ladJackie/Dispute Resolution Procedure 10 AGE~NDA, ITJEM SIP 11 2001 EXECUTIVE SUMMARY APPROVE AMENDMENT NO. 1 TO THE CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES BY RWA, INC. FOR GOLDEN GATE PARKWAY SIX-LANING DESIGN FROM AIRPORT ROAD TO SANTA BARBARA BOULEVARD, PROJECT NO. 60027. OBJECTIVE: To receive Board's approval of the negotiated Amendment No. 1 to the contract for Professional Engineering Services by RWA, Inc. for the Golden Gate Parkway Design Project. CONSIDERATION: On November 28, 2000 the Board approved the Contract for Professional Engineering Services with RWA, Inc. for the Golden Gate Parkway Six~ Laning Design. The Amendment to this Contract is necessary to provide sufficient Design Services to identify the footprint that would provide adequate space for the future Airport-Pulling Road Grade Separation. It is anticipated that this design task will be completed in four (4)months for a total cost of $261,840.00. QFISCAL IMPACT: A budget amendment is needed to transfer $261,840.00 from ~~ Impact Fee Reserves and appropriate in the project. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 60027) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the contract and authorize the Chairman to sign the standard County Professional Services Agreement and approve the necessary budget amendment. SEP I1 2001 L'3'i~ R. 'l~norpe, P.E., Project Manager Dale A. Bathon, P.E., Senior Project Manager DATE:~- t' ,--/-o ~ DATE: Stephen L. Miller,' ~)~r t0r, T.E.C.~. Steve Ca/nell, / Director, Pulchasin~General Services APPROVED BY: Norman E~ Feder, AICP, Administrator TranSportation Division DATE: '~' [: ~'{'"~ j DATE: 2001 Project 60027 S/A No. 1 GOLDEN GATE PARKWAY SIX-LANING DESIGN PROJECT AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. I__.L__ to the Agreement (hereinafter referred to as the "AGREEMENT") is made and entered into this ~ day of , 2001, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "COUNTY") and RWA, Inc., authorized to do business in the State of Florida, whose business address is 3050 North Horseshoe Drive, Naples, Fl., 34104 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, COUNTY and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the Golden Gate Parkway Six-Laning Design Project, Project No. 60027, the COUNTY desires to modify the terms of said AGREEMENT, and towards that end it is necessary to provide additional design services for the Project, said services more fully described in said Amendments thereto; and WHEREAS, COUNTY and CONSULTANT agree the addition for the Golden Gate Parkway Six-Laning Design Project, to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: Page 1 of 3 Sp E.' 11 2001 Project 60027 S/A No. 1 ARTICLE ONE 1. CONSULTANT shall provide to COUNTY Professional Engineering services in accordance with Schedule "A" of this Amendment; as attached hereto. COUNTY agees to compensate CONSULTANT for services rendered hereunder as prescribed in "Man-Hour & Cost Summary", as outlined in said AGREEMENT and Schedule "B". Contract fee adjustments: 4 2.1 Original maximum contract fee 2.2 S/A No. 1 New Contract Fee = $1,245,857.00 =$ 261,840.00 = $1,507,697.00 The schedule for said PROJECT for Professional Engineering Services for Amendment No. 1 for the Golden Gate Parkway Six-Laning Design Project shall be completed in four months from the Notice to Proceed. The AGREEMENT, as amended, shall remain in full force and effect. Page 2 of 3 SEF 11 2001 Project 60027 S/A No. 1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for the Immokalee Road Construction Project the day and year first written above. ATTEST: (As to Chairperson) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Dwight E. Brock, Clerk By: James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: Assi~tan~Cou/nt~ .~ttomey Witness By: ( RWA, Inc. Vice President (CORPORATE SEAL) Page 3 of 3 SEF i1 2001 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 11.0 12.0 13.0 14.0 Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 TABLE OF CONTENTS PROJECT DESCRIFI'ION PROJECT LIMITS QUALIYlCATIONS DURING TERM OF SERVICES PUBLIC INVOLVEMENT DESIGN STANDARDS GRADE SEPARATION CONCEPT SERVICES 6.1 Conduct Preliminary Environmental Review 6.2 Develop Grade separation Concept Plan 6.3 Identify Drainage Requirements 6.4 Identify Aesthetic Requirements 6.5 Prepare Grade separation Concept Report 6.6 Conduct PROJECT Concept Meeting GRADE SEPARATION CONCEPT DESIGN SERVICES 7.1 Design Survey 7.2 Environmental Services 7.3 Right-of-Way MILESTONE DATES COMPENSATION PLANS PREPARATION, ENDORSEMENT AND OWNERSHI1~ SERVICES DURING CONSTRUCTION SUBCONTRACT SERVICES EXPERT WITNESS TESTIMONY ADDITIONAL SERVICES GGP Interchange Scope 13 Aug 01.doc SEF 11 2001 Page I of 16 Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 1.0 PROJECT DESCRIPTION The objective of this PROJECT is to prepare preliminary engineering and environmental documents needed to replace the at-grade intersection at Golden Gate Parkway (CR 886) and Airport-Pulling Road with a grade separation. This work is supplemental to the Phase IA scope of services already approved. Preliminary design plans will be prepared for the grade separation that formed part of the Grey Oaks Development of Regional Impact (DRI), which occupies three of the four quadrants of the intersection. The adopted DRI and Planned Unit Development (PUD) documents are important due to commitments provided by the developer. In addition to a proposed grade separation, provisions for drainage, traffic considerations, and right-of-way commitments are provided in those documents. Close coordination by the COUNTY, the CONSULTANT and the Grey Oaks developer will be important. The Golden Gate Parkway Grade Separation PROJECT includes the following elements: · An overpass structure that elevates Golden Gate Parkway over Airport-Pulling Road. · Exit and entrance ramps. · Retaining walls for the overpass approaches. · Coordination with the City of Naples and other utility companies. Additional supplemental services will be provided for the following elements: · The at-grade roadway and overpass structure of Golden Gate Parkway will be a six-lane divided urban arterial. · Bike lanes on Golden Gate Parkway (east of the Airport-Pulling Road intersection). · The replacement of the existing box culvert under Golden Gate Parkway at the Airport Road Canal. · Environmental permitting with applicable State and Federal Agencies. · Lighting. · Traffic signals. · Landscaping. 2.0 PROJECT LIMITS The approximate east-west limits of the grade separation intersection PROJECT are 2,800 ft west and 2,640 ft east of Airport-Pulling Road. The approximate north-south limits are 1,320 ft north and 1,320 ft. south of Golden Gate Parkway. 3.0 QUALIFICATIONS DURING TERM OF SERVICES The CONSULTANT shall provide engineering services for the PROJECT, in accordance with and of a quality meeting the minimum design standards established by the State of Florida Department of Transportation and Collier County .......... -~-~ SEP 11 2001 GGP Interchange Scope 13 Aug 01 .doc Page 2 of 16 r~ Z Ig*£b.b/. ~1 2001 Z oo'oo+£6'¥1s ~}NI'I HO/'~I~I 00'00+~8'¥J.8 ]NI"I HOIYFI u~O ~C) SEF 11 2001 / / 0 >- X~ ~ X zO z~ 2001 Z Z ,31 O0'O0+OLL'¥J.S ~NI-] HO.LVi61 g t.u >_ Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 4.0 PUBLIC INVOLVEMENT Public involvement includes communicating with interested persons, groups, and government organizations information regarding the development of the PROJECT. The COUNTY will coordinate and perform the appropriate level of Public Involvement for this PROJECT as generally outlined in the following sections. The CONSULTANT will provide support as needed for the COUNTY to hold public meetings. We assume that the following two (2) meetings may be held: a) Kickoff Meeting b) Public Information Meeting For public meetings, the CONSULTANT will prepare and/or provide as necessary the following: a) Scripts or agenda presentation b) Graphics for presentation c) Meeting equipment (setup and take down) d) Legal display for advertisements (the advertisements) COUNTY will administer processing of 4.1 Kickoff Meeting The CONSULTANT team will meet with local officials to introduce this PROJECT, receive ideas, and do the following: a) Prepare an informal presentation (script, graphics, displays) b) Deliver the presentation using knowledgeable staff members c) Prepare meeting site (setup and take down) 4.2 Coordination Meetings The CONSULTANT will attend coordination meetings with local officials to discuss the PROJECT. Presentations will be prepared regarding the PROJECT, including the evaluation criteria, the constraints, and the costs. The presentations may make use of PowerPoint slides of computer-generated images showing how the intersection may look after the grade separation is constructed. In addition, color renderings will be used to illustrate the PROJECT. The presentations will be prepared for technical and non-technical people. GGP Interchange Scope 13 Aug 01.doc AGE~DA ITEM SEF 11 2001 Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 5.0 DESIGN STANDARDS Specific design and construction references, aids and standards shall include, but will not necessarily be limited to, the materials listed below. These design reference materials shall be the latest edition materials in effect at the time of Notice to Proceed of the Services Agreement for the PROJECT: a) Manual of Uniform Minimum Standards for Design, Construction and Maintenance For Streets and Highways (MUMS) b) FDOT Plans Preparation Manual c) FDOT Procedures Manual for Flexible Pavement Design d) FDOT Drainage Manual e) FDOT Right-of-Way Engineering Manual f) FDOT Basis of Estimates and Computations Manual g) FDOT Standard Specifications for Road and Bridge Construction h) Manual on Uniform Traffic Control Devices i) AASHTO A Policy on Geometric Design of Highways and Streets j) Collier County Public Rights-of-Way Construction Standards Handbook k) FDOT Utility Accommodation Guide 1) Collier County Utilities Division Utility Standards and Procedures Manual m) A Policy for Access Control Management for Arterial and Collector Roadway in Collier County (Collier County Resolution 92-442) n) FDOT Structures Design Guidelines o) FDOT Location Survey Manual GGP Interchange Scope 13 Aug 01.doc Page 8 of 16 Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 6.0 GRADE SEPARATION CONCEPT SERVICES 6.1 6.2 6.3 6.4 Conduct Preliminary Environmental Review - The purpose of the preliminary environmental review is to identify potential environmental resources that may affect the grade separation. The Preliminary Environmental Review includes Potential Resource Identification and Mitigation and Potential Environmental cost (time and money). Detailed investigations will not be conducted during the concept phase. A preliminary review of air and noise impacts will be done for the Golden Gate Parkway. Develop Grade separation Concept Plan - The CONSULTANT will review available information that may affect the grade separation. This information includes the Grey Oaks DRI and results of the Countywide Grade Separation Study Report (performed by others). The CONSULTANT will review those documents and identify traffic requirements for future signals to be provided for the grade separation. Detailed traffic analysis of intersections or various grade separation configurations will not be included in this work. However, a traffic analysis will be performed to evaluate the operational effectiveness of the INTERSECTION. Using available aerial mapping, USGS maps and the grade separation provided by the Grey Oaks Developer, the Conceptual Plans will include plans, profiles, representative cross sections, and typical sections for roadways and structures. The existing box culvert, the proposed overpass, abutments and retaining walls will be considered. In addition, construction staging and maintenance of traffic will be considered in the preparation of the grade separation concept plan. Conceptual plans will be prepared on 11 x 17 inch sheets and included in the Grade separation Concept Report. Identify Drainage Requirements -Prepare a conceptual hydraulics/hydrology evaluation to identify needs for stormwater quality treatment and quantity attenuation and the approximate location and size of existing culverts to be extended and new culverts to be constructed for the grade separation. Identify Aesthetic Requirements - Perform a conceptual evaluation of the impacts that the proposed grade separation will have on the visual quality, character and resources of adjacent areas. The following will be considered in the aesthetics evaluation: Organized landscape plantings, Signage, Lighting, Street furniture, and Use of decorative structural and paving materials. 6.4.1 6.4.2 6.4.3 6.4.4 6.4.5 6.4.6 AGE~I~T~M SEP 11 2001 The CONSULTANT will create a three-dimensional model of PROJECT designs utilizing digital imaging techniques. A visual presentation containing animated tours through intersection will convey design aesthetics within PROJECT context. Large format color prints will be provided featuring before and at~er views of intersection from at least four different vantage points. In addition, CONSULTANT will prepare a report to document the results of the aesthetics evaluation. GGP Interchange Scope 13 Aug 01.doc Page 9 of 16 Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 6.5 6.6 6.4.7 Aesthetics / Renderings--Prepare and present visual graphics and animation of proposed PROJECT design. 6.4.7.1 Color Renderings of four viewpoints. 6.4.7.2 Assist in 3 - Dimensional digital Imaging/Modeling 6.4.7.3 Draft and Final Aesthetics Evaluation Reports 6.4.7.4 Provide an opinion of costs based upon conceptual plans. 6.4.8 6.4.9 Conceptual Plans--Develop alternative concepts to illustrate streetscape theme and intensity encompassing and/or addressing the following general elements: 6.4.8.1 Landscape Plantings 6.4.8.2 Hardscape Elements: Site Furnishings, Accent/Street lighting, Sculpture Display Areas, Decorative Paving, Structural Element Coloring, Texturing and/or Imprinting, and Signage The draft aesthetics report will be submitted along with the Grade separation Concept Report. Prepare Grade separation Concept Report - The CONSULTANT will submit a Draft and Final Report to the COUNTY. The reports will be prepared on 8.5 x 11 inch paper with foldouts. The report shall establish the design criteria, identifies design exceptions, and includes: Construction Costs, Right-of-Way Costs, Environmental Impacts, Aesthetic Requirements, Landscape Requirements, Potential Structure Types, and Operational Effectiveness Conduct PROJECT Concept Meeting - After a review of the Draft Grade separation Concept Report, the COUNTY and the CONSULTANT will conduct a PROJECT Concept Meeting. The purpose of this meeting is to receive comments from the COUNTY and discuss the PROJECT parameters and required design exceptions. The design exceptions should be approved before completing the Final Grade separation Concept Report. SEP 2001 GGP Interchange Scope 13 Aug 01.doc Page 10 of 16 Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 7.0 CONCEPT DESIGN SERVICES 7.1 Design Survey: Additional survey is required for changed conditions and design level requirements for the PROJECT to include: 7.1.1 7.1.2 Perform a 50-foot grid topo data collection on the north side of GGP within the Project's east-west limits, to include recently constructed perimeter wall for the Estuary Development, existing above ground improvements, drainage features and applicable above ground utilities. Perform an intersection survey of the Bears Paw/Estuary intersection with Golden Gate Parkway of recently constructed improvements. 7.2 Environmental Services Noise Analysis The CONSULTANT will perform a noise analysis study for the existing facility and future conditions (with and without the INTERSECTION GRADE SEPARATION) conditions. The FDOT PD&E Manual, Part 2, Chapter 17, will be used as a guide for the noise analysis and barrier evaluation. Proposed noise barriers will be developed in coordination with the landscaping and structural elements of the PROJECT. The FDOT has developed standard noise wall details and plans that may be applied to this PROJECT. The FHWA Traffic Noise Model (TNM) will be used for the noise analysis. Field noise measurements will be conducted along the existing and proposed alignment, including links that may be affected by the INTERSECTION GRADE SEPARATION. A Draft and Final Noise Technical Memorandum will be prepared. The PROJECT may encroach within adjacent wetlands under jurisdiction of the State of Florida Department of Environmental Protection (FDEP), SFWMD, and U.S. Army Corps of Engineers. The CONSULTANT shall classify wetlands and uplands utilizing an aerial photographic based graphic, prepared according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). The CONSUTLANT shall show any such wetland areas on the aerial plan sheets in conjunction with the permitting process, which are part of the Scope of Services as described herein. The CONSULTANT shall coordinate w/th the environmental and operational permitting agencies listed below: a) b) c) The South Storage of Surface Water Permit) The Florida Department of Environmental Protection (FDEP) The United States Army Corps of Engineers (USACOE) GGP Interchange Scope 13 Aug 01 .doc Florida Water Management District (SFWMD) (Management of ~ AG~.~'D~ iT ~ ~age 11 9f 16 Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 d) e) The Florida Game and Freshwater Fish Commission (FGFWFC) SFWMD Big Cypress Basin Board (Right-of-Way Use Permit) U.S. Fish and Wildlife Service (USFWS). Section 7 Consultation will not be required. The CONSULTANT shall undertake field assessment observations of the PROJECT site, accompanied by the COUNTY'S PROJECT Manager, as applicable. Similarly, the COUNTY shall have a PROJECT representative in attendance with the CONSULTANT during coordination meetings with each governing permit agency. The COUNTY shall be copied with all correspondence issued to all governing permit agencies by CONSULTANT. While it is expected that the CONSULTANT shall seek and receive advice from various local, state, and federal agencies, the final direction on engineering and environmental- related matters remains with the COUNTY. It is anticipated at this time that the mitigation for this PROJECT will be done off-site in Mitigation Bank. The COUNTY will be responsibility for the costs associated with such mitigation. If required, the CONSULTANT shall prepare a wetland mitigation plan, which may include a combination of onsite (i.e., within or adjacent to the PROJECT right-of-way corridors) and offsite mitigation plans. The costs associated with this task are not included in this proposal and will be considered as Additional Services. The following assumptions are used with respect to PROJECT environmental issues: · Administrative hearings or civil law challenges are not anticipated. · Section 7 Consultation with the U.S. Fish and Wildlife Service will not be required. Work scope does not include additional wildlife surveys (beyond those specifically identified in the work scope) that may be required by the permitting agencies. · Construction related wetland monitoring, wetland mitigation design, etc. are not part of this work scope. · Florida Fish and Wildlife Conservation Commission relocation/take permits for gopher tortoises and burrowing owl, etc. are not part of this work scope. No public hearings will be required as part of the USACOE approval process. SE? 11 2001 GGP Interchange Scope 13 Aug Ol .doc Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 7.3 Right-of-Way The CONSULTANT shall be responsible for submitting recommendations for additional rights-of-way and/or easements, as deemed necessary to accomplish the PROJECT construction at the conceptual design interval. The CONSULTANT shall be required to undertake preparation of new reproducible and recordable right-of-way maps. The COUNTY will provide the parcel numbers for the maps. The CONSULTANT shall prepare and finnish certified sketches of survey and legal descriptions for all additional rights-of-way and/or easements that might be required and authorized by the COUNTY. The COUNTY will assist the CONSULTANT in identifying right of way encroachments during a site visit for this specific purpose. GGP Interchange Scope 13 Aug 01.doc Page 13 off6 Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 8.0 MILESTONE DATES- 8.1 The COUNTY anticipates that a (maximum) (2) two-week formal review and critique period will be necessary for each highway design status activity interval specified for all roadway design services upon receipt of plans accompanying information from the CONSULTANT. It is understood by the parties that if any COUNTY review period exceeds 14 calendar days, the CONSULTANT shall have the option of pursing a Supplemental Agreement for additional contract service time equal to the number of effective delay days. 8.2 A Summary of key dates is as follows: No. Days from Activity Description NTP to End Date Conceptual Plan 120 NTP = Notice to Proceed for Grade Separation Project, TBD = To Be Determined. Note: In the event the grade separation design is not pursued further, the at grade design will continue, with the revised NTP for the 30% commencement to be the end of the conceptual plan completion. Key dates maybe adjusted slightly to coincide with applicable original contract dates as mutually agreed by CONSULTANT and COUNTY Project Managers. 9.0 COMPENSATION -Refer to attached Basis of Compensation. .AGENt, iTEM SEP 11 2001 GGP Interchange Scope 13 Aug 0l.doc Page 14 of 16 Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 10.0 PLANS PREPARATION, ENDORSEMENT AND OWNERSHIP 10.1 The COUNTY reserves the right to reject plans prepared on material, which it deems unsatisfactory or in deviation from standard requirements listed in the FDOT Plans Preparation Manual. 10.2 Applicable final plans, documents, reports, studies, and other data prepared by the CONSULTANT and/or its subconsultants will bear the signature and seal of the CONSULTANT'S record engineer or the applicable design engineer who shall be duly registered in the appropriate professional category. 10.3 After the COUNTY'S acceptance of f'mal plans and documents, the original set of drawings, will be provided to the COUNTY along with one record set of prints. The CONSULTANT shall signify, by affixing an endorsement (seal/signature, as appropriate) on the record set that the CONSULTANT produced the work shown on the endorsed sheets. 1 1.0 EXPERT WITNESS TESTIMONY The CONSULTANT shall serve as an expert witness for the PROJECT in legal proceedings if required by the COUNTY. The fee(s) for these services shall be established, if and when said services are required. Additionally, the CONSULTANT shall provide/render professional opinions and assistance to the COUNTY during any public hearings and or public workshop sessions relating to the PROJECT, if such services are requested in writing. The fee(s) for these services shall be established, if and when said services are required. 12.0 SUBCONTRACT SERVICES Due to the nature and scope of the required services, it may be desirable for the CONSULTANT to subcontract portions of the work (i.e., subsurface investigation). The CONSULTANT shall be authorized to subcontract these services under the provisions of this Agreement. The subcontracting with firms other than those shown in the proposal must be approved in writing and pre-qualified by the COUNTY prior to initiation of any work. The following are firms are anticipated to perform professional services on this PROJECT: 1. Stanley Consultants, Inc. (Transportation, Structures, Plans Production) 2. Forge Engineering, Inc. (Geotechnical) 3. McGee and Associates (Landscape) 4. Passarella and Associates, Inc. (Environmental) 13.0 WORK TO BE DONE BY THE COUNTY 1. Provide front-end documents for the conlxact package. 2. Pay for advertising of bid announcements and awards. 3. Signal timing shall be the responsibility of the COUNTY. GGP Interchange Scope 13 Aug 01.doc Page 15 of 16 Schedule A Scope of Services Golden Gate Grade Separation Collier County PROJECT Number 60027 August 2001 14.0 ADDITIONAL SERVICES The following Additional Services are not included in Basic Services (Sections 1.0 through 12.0) and are at the COUNTY'S option. These services, if exercised by the COUNTY and agreed to by the CONSULTANT shall be paid for in addition to compensation for Basic Services. The CONSULTANT is not authorized to proceed with performance of any Additional Services unless the COUNTY duly authorizes them, in writing. 1. Preparation of final design and construction plans for the grade separation. 2. Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with PROJECT. 3. Air quality analysis. 4. Services requiring out-of-town travel by the CONSULTANT to third-party site other than visits to PROJECT site, local permit agencies, or the COUNTY'S office. 5. Services required to hold additional review meetings or provide additional copies of Contract Documents, over and above the number listed under the Basic Services. 6. Preparing to serve or serving as a witness for the COUNTY in any litigation, arbitration, or other dispute resolution process related to PROJECT. Perform, provide, or furnish utility engineering, design and plan preparation services for private and public utility facilities with the exception that CONSULTANT shall show all existing and planned utility facilities made known to the CONSULTANT by private and public utility owners on the Utility Adjustment Plans. The CONSULTANT shall not be responsible for designing the relocations or any new utilities. 8. Preparation of Mitigation Plans. 9. During the construction phase, the CONSULTANT may provide complete Construction Engineering & Inspection (CEI) services, including surveying and materials testing. l l 2001 GGP Interchange Scope 13 Aug 01.doc Page 16 of 16 SEP 11 2001 0 ~ 0 AG~.~'~QA ITEM .SE.P 1! 200! ¢~ ~ ~.. ,ct- I,., ~ o o Ir-.-IOlO o o ~ I~ ~ I ) / ~ ~ O ~ ~ ~/~ ~ ~ ~ ~ /~/~1 '~ I I /m ~ ~ ~ ~ /~/ml I AGIEI']DA I TF_..M SEP 11 2001 Ill O ~D fl.. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR SIDEWALK AND MATERIAL TESTING OF STRUCTURE APPURTENANCES FOR THE 13TM STREET SW BRIDGE PROJECT. OBJECTIVE: To make funds available for sidewalk on the south side of the 13th Street SW Bridge and to cover costs associated with testing of structure appurtenances. CONSIDERATIONS: On February 13, 2001, the Board approved agenda item 8(B)(1) for the engagement of a design~uild contractor for a new bridge and approaches at 13th Street SW over the Golden Gate Main Canal. Due to fast-tracking this project, the original design did not include sidewalk. However, since Board approval of the design/build contract, staff was asked to add sidewalk from the south side of the bridge structure to 16th Avenue SW to this contract. Staff has taken the steps necessary to achieve that end. The cost for this segment of sidewalk is estimated at $230,000 and a budget amendment is needed to increase the contract. It has also been determined that material testing will need to be done on the bridge structure as it is being constructed to ensure the stability and proper density of the structure and its appurtenances. The estimated cost for testing is $100,000, and is included in the budget amendment. Further, in the interest of public safety and continuity of the project, staff would like to add sidewalk from the north side of the bridge structure to the County Library at Golden Gate Boulevard. Staff will design this segment of sidewalk in-house. Funds for construction of this sidewalk segment are budgeted in FY 2002. ~?FISCAL IMPACT: The cost of the sidewalk segment to the south is estimated at $230,000. Funds are available in the Bike Pathway Improvements Project (bclCxa~ The cost of material testing is estimated at $100,000. A budget amendment is needed to transfer $100,000 from the Gas Tax Reserve Fund. Source of funds is Gas Taxes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve a budget amendment to cover the cost of sidewalk and material testing for the 13th Street SW Bridge Project. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Edwarq~ J. Kant,,pE',)Transportation Operations Director n E. Feder, AICP, Transportation Administrator DATE: 8/14/01 DATE: ~ DATE: '7,/ "<, '" '~ EXECUTIVE SUMMARY REQUEST BOARD WAWE DALLY RIGHT-OF-WAY iNSPECTION FEE FOR iNSTALLATION OF FORCE MAiN LINES ALONG CHOKOLOSKEE CAUSEWAY BY THE CITY OF EVERGLADES CITY. OBJECTIVE: To enable the City of Everglades City to keep expenses to a minimum for installation of dual wastewater force mains. CONSIDERATIONS: The City of Everglades City has obtained a permit to install twin wastewater force mains along the Chokoloskee Causeway from the south end of Everglades City to Chokoloskee Island. The right-of-way permit was obtained prior to the current resolution setting fees for building review and right-of-way permitting. At the time the original permit was issued, there was no fee for this type of work for another governmental unit. The City of Everglades City has had several setbacks in moving this project to fruition due to legal and environmental issues; however, the project xvill be bid in September and the City is anxious to begin xvork as soon as possible thereafter. The City of Everglades City, through their engineering consultant, has requested an extension of the permit and a waiver of the $50 per day inspection fee. Staff has reviewed the request and, based on the involvement of the City's engineering consultant, offers no objection to such an extension and waiver. Staff has requested that the engineering consultant provide a final certification that the work has been constructed in accordance with the plans and specifications and that the City of Everglades City will bear full responsibility for operations and maintenance of the wastewater force mains. The ultimate beneficiaries of this sewer line will be the residents of Chokoloskee Island, all of whom are Collier County residents living outside the incorporated boundary of the City of Everglades City. FISCAL IMPACT: Based on the City of Everglades estimate of a construction time of about 35 working days for the force main ~vork, including the bridge crossing, the avoided fees will amount to $1750.00. Since the engineering consultant will be providing on-site review and final certification, there xvill be no out-of-pocket or staff expense to Collier County. Therefore, there will be no fiscal impact if this request to waive inspection fees is granted. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Everglades City and waive the $50 per day right-of-~v~y permit in'spection fee. .~" ,'~ %.") ;// Ed ard J. K~tnt, p[,tra~hanon Operations Dtrector ^PPROVED BY: / Norman E. Feder, AICP, Transportation Administrator /' / That the Board of County Commissioners grant the request of the City of DATE: /? / EXECUTIVE SUMMARY APPROVE A DONATION AGREEMENT AND ACCEPT A DRAINAGE EASEMENT FROM DOUGLAS W. FOX AND NANCY SUE EDWARDS. OBJECTIVE: To obtain Board approval of a Donation Agreement and accept a Drainage Easement from Douglas W. Fox and Nancy Sue Edwards. CONSIDERATION: In the past, an area of Palm River Estates had experienced periodic flooding due to the inability of the previously existing drainage system to sufficiently cope with the rainfall runoff. A portion of this drainage system had traversed the subject parcel for a number of years; however, it was noted that a formal easement and rights had not been provided to the public. In order to alleviate the flooding, Collier County, in cooperation with Palm River Country Club, agreed to increase the capacity of the drainage improvements. It was further agreed that upon successful completion of the necessary improvements a formal drainage easement for perpetual operation and maintenance would be conveyed. Mr. Fox and Ms. Edwards, owners of the subject parcel, have arranged to donate the necessary rights to the County for drainage and maintenance purposes. · '~?FISCAL IMPACT: The total acquisition costs are estimated not to exceed $200, which ~ ~ recording fees, documentary stamps, and title policy. Acquisition costs shall be expended from Gas Taxes under the Advanced Right of Way Project. GROWTH MANAGEMENT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the attached Donation Agreement; and 2. Authorize the Chairman to execute the attached Donation Agreement; and 3. Accept the Drainage Easement (a copy is attached for reference); and Authorize staff to proceed with the related real estate closing transaction and to record all pertinent documentation in the Public Records of Collier County, Florida. SUBMITTED BY: ~--~-~ ' -.'~'~ x/,---//~¢' Date: ~seph Keith Gom~ ~eal Pr~e~y Specialist III / ~ Real Properly ~anage~rDepa%ment REVIEWED BY: .... ~ ~~Z~:,-- % '~ /,. Date: To~f'~. Mott, Rea~¢rope~y s~pe}~or ~.~ Real Prope~y Management Depadment NoAG._.~.~ SEP 11 2081 pg. REVIEWED BY: REVIEWED BY: APPROVED BY: Cl~a'r~es E.'-Carrington, Jr.~ ~,/NA,~ Director Real Property Man,agement~D~,partmer~t..j-'~ ,. , ,- o .,:-;~/., , . ~.. · Edward J. Kant;-P/E,; Dj~or Transl~ortation OpeCatio/ns Department /I .U/ / ~ ~/'/~ Date: Nor~nan Fader, AICP, Administrator Tra!nsportation Division. / PROJECT: Advanced Right of Way/60171 PARCEL: 801 FOLIO: 00159440003 Ell.fi T. Chaco., 3301 E~s~ l'~'a~l Trail DRAINAGE EASEMENT THIS EASEMENT, made and entered into this day of 200~, by DOUGLAS W. FOX, a single person, and NANCY SUE EDWARDS, a single person, Joint Tenants with Right of Survivorship, whose mailing address is 4126 Belair Lane B-9, Naples, FL 33940 as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the paflies to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage facilities on the following described lands located in Collier County, Florida, to- wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PR.©PERTY TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage and utility facilities Ihereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. SE,c il L3dl IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. (Printed Name) t '(~atu~l~ ' (Printed Name) ,& (~gn~tu r~~ (Printed Name) STATE OF COUNTY OF 4126 Belair Lane B-9 Naples, FL 33940 N~NC~/S-UE EDWARD~ 4126 Belair Lane B-9 Naples, FL 33940 The foregoing pr0d-u~d (affix notarial seal) Drainage Easement was acknowledged~.before--m,e---thi~_._.~/~) day of . 200¢, by DOUGLAS W, FOX, who is~::~r-.~onally known to?o___~or who has as ide~ication. / / ~ . ~ ~.'~ . ,~/.~My Comml~on DD022162 Ex!~rel ~ 01 2005 STATE OF ,~O','~/ ~ COUNTY OF ~ (Print Name of Notary Public) NOTARY PUBLIC Serial/Commission #: ~ My Commission Expires'. ~.~. T h e forggoing cc~ / has pro(~uced J ~oOi (affix notarial seal) Drainage Easement was acknowledged before me this /.~' day of ,--~2~fl~, by NANCY SUE EDWARDS, who is personally known to me or who as identification./? ,/) (SignaFre of Notary Public)' (Print Name of Notary PubJi~;~,~Y~'u~ucs-r^~o~FLmlp^ NOTARY PUBLIC ! CO~,~[ON NO. CC~,~0 Serial/Commission #: My Commission Expirt: , I 2001 , _:s to form~&~egal sufftcte~c) Assistant Counts Attorne~ Ellen T. Chadwell PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST T^MIAMI TILAIL NAPLES, FLORIDA 341 ]2 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY EXHll31T_ __ Page__.L_of LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 23, TOWNSI lip 48 SO(JItl, RANGE 25 EAST. CO[ LIER COUNI-Y. FLORIDA. AND BlFING PARTICULARLY 0ESCRIBIFD AS FOLLOWS COMMENCE AT THlF HORTIIWES'/ERLY CORNER OF LOT 81 I, UNIT 2, PAL kl RIVER ESTATES. AS RECORDED IN PLAT BOOK 3. PAGE OF TIlE PUBLIC RECORDS OF COLLIER COUNTY. ELORIDA; TtlENCE RUtl fi 14'5t1'00' E ALOi'IG TIlE NORIIIERLY EXTEt~SION OF Tile GENERAL NOTES 1) P.OC = POINT OF COMMENCEMENT 2) POB, = POINT OF BEGINNING 3) SEC =SECTION 4} TWP = TOWNSHIP 5) RGE.: RANGE 6) RAM = RIGNT OF WAY ?) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 5} NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL LAND SURVEYOR PREPARED BY: COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES, FLORIDA 34112 DATE NOT TO SCALE FEBRUARY 18, 2000 PALMDE [ SHEET 1 OF 1 PROJECT: Advanced Right of Way/60171 PARCEL: 801 FOLIO: 00159440003 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between DOUGLAS W. FOX, a single person, and NANCY SUE EDWARDS, a single person, Joint Tenants with Right of Survivorship, (hereinafter referred to as "Owner"), whose mailing address is 4126 Belair Lane B-9, Naples, FL 33940, and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of drainage and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property to the County for the stated purposes, on the terms and conditions set forth herein, said terms including that no compensation shall be due and payable for the Property requested by County; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Easement to County at no cost to the County, unless otherwise stated herein. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to County on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date County executes this Agreement; provided; however, that County shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting County's enjoyment of the Property. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier ~q. un~t~a~_..__~ AGEhlD~ iTEM .... Er' 2001 5. Owner represents 1hat the Property and all uses of the Property have been and presently are in compliance ~with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be conveyed to the County, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether'in court, out of coud, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. The County shall pay for all costs of recording the conveyance instrument, and recording costs for any curative instruments, in the Public Records of Collier County, Florida. County shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes shall be borne and paid by Owner. The cost of a title commitment shall be paid by County. 8. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 9. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk AS TO OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Chairman J~S D. CARTER, Ph.D~ WITNESSES:/' (Signature) (P. dnte~l (Printed Name) WITNESSES: ,'.',',~ / / ~/ / ~' ..~ / ~ignature) ' i - (Printed Name~ (Signature) (Printed Name) Approved as to form and leg¢, sufficiency: ELLEN T.~ H'~,DW ELL Assistant County Attorney DouGLAS W.' FOX 4126 Belair Lane B-9 Naples, FL 33940 /? 4126 Belair Lane B-9 Naples, FL 33940 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION NOT A SURVEY LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 23, TOWNSttlP 4§ SOUIN. RANGE 25 EAST COLLIER COUNTY, FLOR DA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS ' COMMENCE AT THE NORTHWESTERLy CORNER OF LOT at1. UNIT 2. PALM RIVER ESIATES. AS RECORDED li'l PLAT ROOK 3. PAGE 96 OF THE PUBLtC RECORDS OF COLLIER COUNTY. FLORIDA: TNEI~CE RUN N 14'58'00' E ALONG TtIE ~ORTHERLY EXTENSION OF THE EAST RIGHT OF WAY LINE OF CYPRESS WAY. A DISTANCE OF 100 O0 FEET 10 THE POll*IT OF BEGINNING, THENCE CO~,~TINUE N 14'5B'00' E A DISTANCE OF 12 00 FEET '/HENCE S 75'02'00' E A DISINCE OF 140 O0 FEET THENCE S 14'58'00' W A DISTANCE OF 12 00 FEET TliENCE N 75'02'00' W A DISTANCE OF t40 O0 FEET 10 THE POINT OF BEGINHING 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) 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 I DATE NOT TO SCALE FEBRUARY 18, 2000 Pg. q PREPARED BY: COLLIER COUNTY PUBLIC WORKS 3301 E. TAMIAMI TRAIL NAPLES. FLORIDA 34112 PALMDE SHEET 1 OF 1 EXECUTIVE SUMMARY APPROVE A PURCHASE ORDER TO THE CITY OF NAPLES AIRPORT AUTHORITY (NAA) FOR AIRPORT ROAD TURN LANE SAFETY IMPROVEMENTS OBJECTIVE: To cooperate with Naples Airport Authority to build turn lanes on Airport- Pulling Road to promote public safety. CONSIDERATIONS: In the FY 2001 budget, the Board approved a project in cooperation with the NAA for the installation of turn lanes along Airport Road. Those turn lanes are almost complete and the NAA has requested that the funds be released at this time (Attachment No. 1). FISCAL IMPACT: Funds in the amount of $100,000 are available in the Gas Tax Fund (313), Project 69163. GROWTH MANAGEMENT IMPACT: There is no growth management impact resulting from this action. REVIEWED BY: APPROVED BY: Attachments: RECOMMENDATION: 60163 to Naples Airport Authority. ? SUBMITTED BY: /./,.,.5~/,-/'~ ?.'7./Y Edwa d'J. Kant;PE, W"~raj~pdrtation Operations Director Stephe~~ic/es Director ,/J Normafi E. Feder, Transportation Administrator No//(- Letter from NAA dated June 6, 2001 That the Board authorize payment of the funds available for Project DATE: ;'. ,,,/? .'"' .,/,4'/' CITY OF NAPLES AIRPORT AUTHORITY 0~.iATiON DRIVE NORTH. NAPLES, FLORIDA 34104-3568 1 ~: 14 I ADMINISTRATION (941) 643-0733/FAX 643-4084 · OPERATIONS 643-0404/FAX 643-1791, E-MAIL administration@flynaples.com June 6, 2001 Mr. Edward J. Kant, P.E. Transportation Operations Director Collier County Government 2705 South Horseshoe Drive Naples, FL 34104 Re: Request for Disbursement Airport Road Safety and Stormwater Improvement Project Dear Mr. Kant: As you know, the Airport Road Safety and Stormwater Improvement Project is well underway including two of the four turn lanes nearing completion. The project is on schedule with an anticipated total completion date of 31 December 2001. At this tim~, we request your authorization for Collier County to disperse the budgeted $100,000 to the NAA for assistance in constructing turn lanes within the project. Allowing the NAA to obtain these funds prior to total project completion will assist us with our cash flow during the project. Thank you for your consideration and continued support of the Naples Municipal Airport and the City of Naples Airport Authority. Sincerely, Craig H. Davis Director of Engineering and Planning C: Theodore D. Soliday, Executive Director / PAOE t OF I NAPLES MUNICIPAL AIRPORT J'he ~ &'Ote ~qis'la~ in ~he Pnnted on Recycled Paper. EXECUTIVE SUMMARY REQUEST BOARD APPROVAL TO TRANSFER FUNDS IN THE AMOUNT OF $250,000 TO THE COLLIER COUNTY AIRPORT AUTHORITY TO ASSIST IN FUNDING ROADWAY IMPROVEMENTS FOR THE IMMOKALEE AIRPORT OBJECTIVE: To provide enhanced access to the Immokalee Airport Enterprise Zone tenants. CONSIDERATIONS: During the FY 2000-01 budget cycle, the Collier County Airport Authority (CCAA) requested $350,000 for improvements to CR 846 (Immokalee Road) for the segment fronting the Immokalee Airport. This request was in support of a $1.3M federal grant for improvements on the airport property. Staff worked with the CCAA staff to adjust the request to $250,000. The budget was approved with $100,000 being allocated for the roadway improvement project, rather than the $250,000 requested. In the interim, the federal grant has been obtained by the CCAA and they are requesting that the Board authorize the additional $150,000 to assure that the grant will not be jeopardized. Staff offers no objection to this transfer, subject to any funds not actually expended by the CCAA on the CR 846 roadway improvements be returned to the Transportation Services Division and that the $250,000 funds that are transferred to the Airport Authority are to be used only for the road improvement to CR 846 (Immokalee Road) for that portion of CR 846 fronting the airport property. The Airport Authority will be required to supply to the Transportation Administrator documentation supporting any expenditures that were made from the $250,000 transfer from Transportation. FISCAL IMPACT: A budget amendment is required to transfer funds from the Transportation Gas Tax Fund (fund 313) to the Airport Authority Grant Fund (496) in the amount of $250,000. The $250,000 transfer to the Airport will be made available from the $100,000 budgeted for the CR 846 Resurface project and the balance of $150,000 will be provided from unexpended budgeted funds remaining in project 66065 (Turn lane Construction). The Airport also requires a budget amendment to recognize the transfer from the Road Construction - Gas Tax fund in the amount of $250,000 and to increase the grant appropriations in project number 33349. GROWTH MANAGEMENT IMPACT: None, RECOMMENDATION: That the Board authorize the transfer of $250,000 to the CCAA for improvements to CR 846 and authorize the necessary budget amendments. 11 2001 SUBMITTED BY: DATE Edward J. Kant,~::~ ~rtation Operations Director ~._ )~ '/ ~.LL~/')~'/C DATE' REVIEWED BY: ~ L,~:... ' Sl~or~l~Jvman, ~,Sral sportation Division Accounting Supervisor APPROVED BY: ~/7~~~ .. ,strator DATE~.~, Normah E. Fed~r, AICP, Transportation Admin' / EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO PROVIDE SUFFICIENT FUNDS FOR THE SEPTEMBER PAYMENT FOR MANDATORY TRASH COLLECTION SERVICES. OBJECTIVE: Board approval of a budget amendment transferring sufficient funds from reserves to make the year-end payments to Franchisee vendors for garbage collection services in September 2001. CONSIDERATIONS: The budget for mandatory garbage collection services is based on an estimation of the number of customers to be served each month. Monthly payments are made to the two vendors who collect and transport residential mandatory garbage, horticulture trimming, bulky items and, curbside recycling material. Monthly payments are based on two contractual factors, which are: 1. number of customers served during the previous month not including that months new customers; and 2. number of new customers that come on line (received certificates of occupancy) from the previous month. The last monthly payment for the current fiscal year is due September 20, 2001. Additional funds are needed to make the final payment whole. New customers receiving service (coming on line) during the year has been greater that expected. The funds remaining in the budget available for the September payments have an estimated shortfall of $96,000. FISCAL IMPACT: There are sufficient funds in FY 00/01 reserves in the Mandatory Trash Collection Fund (Fund 473) to accommodate this transfer, via budget amendment, of $96,000. District 1 will receive $89,000 and District 2 will receive $7,000. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: Board approval of a budget amendment transferring $96,000 from reserves in the Mandatory Trash Collection Fund for payment of trash collection services. PREPARED BY: '" / ,':/'- ~.,: ',"---~" DATE,'~,''' ?'/'~ / / Teresa A. Riesen, Revenue Manager Utility Billing & Customer Service REVIEWED BY: ~ ~ DATE ,T~ ~< ~ Jbbn Yonkosky,C~A, Director" U~ty_~illing & Customer Se~ipe /" ) ~ / / ........ : . : DATE 5ames V. Mudd, P.E., Administrator Public Utilities Division EXECUTIVE SUMMARY APPROVE A RESOLUTION IDENTIFYING THE PLEDGED REVENUES AND AUTHORIZING THE PUBLIC UTILITIES ADMINISTRATOR TO EXECUTE ANY DOCUMENT RELATED TO THE STATE REVOLVING FUND LOAN NUMBER CS12059715P. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve a resolution identifying the revenue source for the repayment of the State Revolving Fund Loan (SRF) and to provide the Public Utilities Administrator the authority to execute various loan documents and any future amendments. CONSIDERATIONS: A SRF loan in the amount of $5,864,000 was requested from the Florida Department of Environmental Protection (FDEP) to finance the pre-construction costs involved in the expansion of the North County Water Reclamation Facility to 30.6 (MGD), project # 73950. We have been notified that our request for inclusion has been granted and our project has been placed on the SRF priority list. SRF is a low interest loan averaging 3.5% compared to higher rates in the open market. We have already applied for and received three other SRF loans in the past and this is our fourth application. To expedite execution of all the legal documents, the proposed resolution will designate the Public Utilities Administrator as the authorized representative to apply for a loan, to provided the assurances and commitments required by the loan application, to execute the loan agreement, and to provide assurances of compliance with loan program requirements after approval by the County Attorney. The resolution also identifies the pledged revenues for the repayment of the SRF loan as the Collier County Water - Sewer District net operating revenues and waste~vater system development fees. Since this project is related to growth, it is our intention to use the wastewater impact fees as the source of funds for the repayment of the SRF loan. FISCAL IMPACT: The adoption of this resolution has no fiscal impact. GROWTH MANAGEMENT IMPACT: The expansion of the NCYVRF is consistent with the Growth Management Plan and 201 Wastewater Plan. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, adopt the attached Resolution. Prepared By: / ~' : - Date: Bald M. Sridhar, Public Utilities Senior Accountant Reviewed By: ~,~~ lc.' ~(h-'~ Date: Thomas Wides, Public Utilities Operations Director Approved By: Jame~:V. Mudd, Public Utilities Admi'nistrator Date: SEP I t 200t RESOLUTION NO. 2001 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM; MAKING FINDINGS; AUTHORIZING THE LOAN APPLICATION; AUTHORIZING THE LOAN AGREEMENT; ESTABLISHING PLEDGED REVENUES; DESIGNATING AUTHORIZED REPRESENTATIVES; PROVIDING ASSURANCE; PROVIDING FOR CONFLICTS AND SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Florida Statues provide for loans to local government agencies to finance the planning, design administration and construction of water pollution control facilities; and WHEREAS, Florida Administrative Code rules require authorization to apply for loans, to establish pledged revenues, to designate an authorized represcntativc; to provide assurances of compliance with loan program requirements; and to enter into a loan agreement; and WHEREAS, the State Revolving Fund loan priority list designates Project No. CS12059715P as eligible for available funding; and WHEREAS, Collier County, Florida, intends to enter into a loan agreement with the Department of Environmental Protection under the State Revolving Fund for project financing. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT AS FOLLOWS: SECTION 1. The foregoing whereas clauses findings are incorporated herein by reference and made a part hereof. SECTION 2. The Board of County Commissioners of Collier County, Florida, as Ex-Officio the Governing Board of the Collier County Water-Sewer District is authorized to apply for a pre- construction loan to finance planning, design and administration to allow for an expansion to the North County Water Reclamation Facility (NCWRF). SECTION 3. The revenues pledged for the repayment of the loan are the Collier County Water-Sewer District's net operating revenues and Wastewater System Development fees. SECTION 4. The Division Administrator of the Collier County Public Utilities is hereby designated the authorized representative to provide the assurances and commitments required by the loan application. SECTION 5. The Division Administrator of the Collier County Public Utilities is hereby designated as the authorized representative to execute the loan agreement, which will become a binding obligation in accordance with its terms when signed by both parties. The Division Administrator of the Collier County Public Utilities is authorized to represent the Collier County Water-Sewer District in carrying out the Collier County Water-Sewer District's responsibilities under the loan agreement. The Division Administrator of the Collier County Public Utilities is authorized to delegate responsibility to appropriate staff to carryout technical, financial, and administrative activities associated with the loan agreement. SECTION 6. The legal authority for borrowing moneys to construct this Project is Florida Statutes. SECTION 7. Conflicts. All Resolutions or part of Resolutions in conflict with any of the provisions of this Resolution are hereby repealed. SECTION 8. Severability. If any Section or portion of a Section of this Resolution proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other Section or part of this Resolution. SECTION 9. Effective Date. This Resolution shall become effective immSi~tiately tm~nS'f~Xdo'p~6n-. Y P* '~., ~ .'-M ' PASSED AND DULY ADOPTED by majority vote this 1 ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX4DFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER - SEWER DISTRICT BY: JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, RELATING TO THE STATE REVOLVING FUND LOAN PROGRAM Page 2 of 2 EXECUTIVE SUMMARY APPROVE RESOLUTION SUPPORTING CONTINUED FEDERAL FUNDING OF COASTAL PROJECTS OBJECTIVE: To obtain approval of a resolution in support of continued federal funding for coastal projects. CONSIDERATIONS: The Southwest Florida Beach and Inlet Convocation is an informal group consisting of representatives from Collier, Lee, Charlotte, Manatee and Sarasota Counties (city and county governments as well as the business community), along with state and federal government representatives. At their meeting on August 27, 2001 in Fort Myers, it was agreed to urge all communities to send resolutions to Congressional members in support of continued federal funding of beach restoration projects. The American Coastal Coalition has drafted a resolution for local community consideration and will be meeting with Congressional members in early to mid September. FISCAL IMPACT: There is no fiscal impact associated with this resolution. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the attached resolution. SUBMITTED BY: REVIEWED BY: APPROVED BY: ~? ';~.~(? ~-'~~:' Date: Ron Hovell, P.E., Coast Projects Manager Public Utilities/~ggineering Department /:-"Z',-..7 ~) ~ ~ Date: Roy ~ ~derson, P.E., Director ubl[¢~ilities Engineering Depa~ment (~./.'~'~ ~~' ~;/ Date: ~es V. Mudd, P.E., Administrator Public Utilities Division RESOLUTION NO. 2001- RESOLUTION OF THE COLLIER COUlqTY BOARD OF COI/NTY COM24ISSIONERS SUPPORTING CONTINIIED FEDERAL FUNDING OF COASTAL PROJECTS WHEREAS, America's beaches are one of the country's irreplaceable and invaluable assets as, both environmentally and economically, they are unparalleled as a source of storm protection, a magnet for national and international tourism and provider of healthful recreation for all citizens; and WHEREAS, the timely maintenance and restoration of these beaches is critical to preserve their value and viability, and to provide a boost to both the environment and economy of the nation; and WHEREAS, the role of the federal government in maintaining and restoring beaches is appropriate and crucial, in that it recognizes the benefits accrued to the federal government from the storm protection afforded by better beaches as well as the role of federal navigation projects in accelerating coastal erosion; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM)4ISSIONERS OF COLLIER COI/NTY, FLORIDA, that: Collier County, Florida requests that the Congressional conference committee formed to reconcile differences between FY 2002 appropriation allocations by the House and Senate for beach restoration projects support the higher funding level proposed and approved by the House of Representations. We believe the $151,572,000 allocation backed by a House majority is the minimum amount needed to hold the line on our country's coastal erosion; and SEP 1 1 2001 BE IT FURTHER RESOLVED, that Members of both Houses and both parties are urged to commit themselves to creating a dedicated funding source for beach maintenance and protection efforts, inasmuch as only with such funding can this crucial federal effort be assured of the appropriations needed to ensure success over the decades; and BE IT FURTHER RESOLVED, that Collier County, Florida strongly supports America's beachfront resources, and urges all Members of Congress to do the same at this crucial moment in time. This Resolution adopted this day of September, 2001 after motion, second and majority vote favoring same. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: l~n&- Hubbard' Robinson rant County Attorney -2- EXECUTIVE SUMMARY APPROVE WORK ORDER #VB-01-01 WITH VANDERBILT BAY CONSTRUCTION, INC. FOR CONSTRUCTION OF AN ADDITION TO THE ADMINISTRATION BUILDING AT THE SOUTH COUNTY WATER RECLAMATION FACILITY, PROJECT NUMBER 73069. OBJECTIVE: To obtain approval of a work order under the "General Contractor's Services" Contract #95-2334 for construction of an addition to the Administration Building at the South County Water Reclamation Facility. CONSIDERATIONS: A proposed addition to the maintenance facility adjoining the administration building at the South County Water Reclamation Facility has been established for the purpose of providing additional space for facility equipment repair and to prevent potential noxious fumes from entering the main administration building. Plans and specifications for the proposed addition were prepared by Victor J. Latavish, AIA, Architect. Proposals were requested from the contractors included under the "General Contractor's Services" Contract #95- 2334. Proposals received pursuant to this request were as follows: CONTRACTOR · Vanderbilt Bay Construction, Inc. · Professional Building Systems, Inc. · Surety Construction Company · The Chris-Tel Company AMOUNT $115,190.00 119,952.00 157,818.00 162,000.00 The attached work order has been prepared and is hereby presented for approval to provide for construction of the proposed addition. FISCAL IMPACT: The total amount of the obligation included in the attached work order is $115,190. Funds in the amount of $99,500 are budgeted under project 73069, South County Regional Waste Water Treatment Plant in the Wastewater User Fees Capital fund (414). The balance of $15,690 is available in the South County Regional Waste Water Treatment Plant operating account under County Water/Sewer Operating fund (408). Source of funds is user fees. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners, as the Ex-Officio governing board of the County Water-Sewer District: 1. Approve Work Order #VB-01-01 with Vanderbilt Bay Construction, Inc. in the amount of$115,190.00. 2. Authorize the Public Utilities Engineering Director to execute the work order. AGENDA I ~E M,/,.~. SEP 2001 Executive Summary SCWRF Project Number 73069 Page 2 PREPARED BY: Harold E. Huber, Project Manager III Public Utilities Engineering Department DATE: gq.o/ REVIEWED BY: h~tmh~i:trP:t~'o'nDirect ° r DATE: REVIEWED BY: Roy B/Anderson, P.E., Director Public Utilities Engineering Department APPROVED BY: (/ ,,/~w...~?/ 5~~ Jan~es V. Mudd, P.E., Administi'ator Public Utilities Division DATE: AuC 21 O1 O~:37p Victor Victor J. latavish, MA Architect August 2 ~, 2001 Coil/er County Public Utilities Attn: Alicia Abbott, PE 3301 East Tamiami Trail, Building H Naples, Florida 34I 12 re: SCWRF Addition Dear Alicia, Enclosed b a copy of the bid tab for the bids received eat'tier today. The low bidder is Vanderbilt Bay Construction, Inc., and their proposal appears to be complete and proper. We have worked with this Contractor on several recent Collier County projects, and can recommend awarding this contract to Vanderbilt Bay Construction, Inc. Please feel fi'ce to call if you have any questions or if we can be of further assistance. Ve~ truly yours, Victor J. Latavish, AIA WL/3 f Ru~ ~1 O1 04:38p V~ctor ~. Latav~sh, RJR 9~1-6~3-6I~2 August 21,200t Collier County Public Utilities 3301 Tamiami Trail East Naples, FL 34112 Attention: Alicia Abbott Re: South County Water Reclamation Facility Naples, FL Dear Ms. Abbott, We are pleased to offer you our proposal for the addition to the South County Rectarr~.~,pn Facility per plans A-l, A-2, SP-1, SP-2, dated 7/30/200!, S[t and S- 2 date<{~/2001, E-l, E-2 and E-3 dated 712412001 by Victor J. Latavisn, AIA ArchitecTincluding the "Grading plan" dated 8/912001 by Kepple Engineering. Addendum #I dated 811412001. We shall perform the work as proposed above for the amount of $109,986.00. ** One~Hundred-Nine-Thousand-Nine-Hundred- And-Eighty-Six- Dollars*' For Alternate #1 add $ 5,204.00. **Five-Thousand-Two-Hundred-And-Four- Dollars.** If you have any questions, please feel free to call our office. Respectfully Submitted, Tim Laughlin Project Manager ( TJL/amn 2340 J & C BOULEVARD, NAPLES, FLORIDA 34109 9,!.1-591-0900 (Form to be used for projects $50,000 to $200,000) WORK ORDER # YB-01-01 "General Contractor's Services" Contract #95-2334, dated March 28, 1995 This Work Order is for General Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: SCWRF Administration Building Addition The work is specified in the proposal from Vanderbilt Bay Construction, Inc. dated 8/21/01 which is attached hereto and made a part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order #VB- 01-01 is assigned to Vanderbilt Bay Construction~ Inc. (Firm Name) Scope of Work: Perform construction of an addition to the Administration Building at the South County Water Reclamation Facility in accordance with the plans and specifications prepared by Victor J. Latavish, AIA, Architect and Kepple Engineering: Task I: Provide all services necessary for construction of an addition to the Administration Building at the South County Water Reclamation Facility as described in the Scope of Work. Task II: Provide a 2 ton manually operated hoist/beam and related work. Schedule of Work: Complete within 90 days of receipt of the building permit and issuance of a notice to proceed. Compensation: In accordance with Item No. 3 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Task I $109,986.00 Task II- 5,204.00 TOTAL FEE $115,190.00 Any change made subsequent to final department approval will be considered an additional service and charged according to an executed Change Order, as enumerated in Exhibit D of the Agreement. PREPARED BY: ~/~'/~ ~. ~/. O/ Harry Huber, Project Manager Date Public Utilities E~rtment 8 JgtJeph B. Cheatham, Wastewater Director Date APPROVED BY: Roy B. Anderson, P.E., Director Public Utilities Engineering Department Date Date: ~ '~.~ ° O[ ATTEST: Witnesses (2) Signature'"" (Print Name) ACCEPTED BY: VANDERI~ILT B~AY CONStRUCtION, INC. Signature (Print Name Approved as to For,ax. and Legal Sufficiency: Thomas ~C~ Palmer, Assistant County Attoroey FUND: 414 COST CENTER: 26361! OBJECT CODE: 763100 PROJECT NO. 73069 SEP 1 1 _001 I EXECUTIVE SUMMARY APPROVE A CHANGE ORDER TO CONTRACT NO. 00-3181, COLLIER BAY ENTRANCE DREDGING, PROJECT NO. 10258 OBJECTIVE: To obtain approval of Change Order No. I to Contract No. 00-3181 for adjustments to estimated quantities to reflect actual work performed. CONSIDERATION: Contract No. 00-3181, Collier Bay Entrance Dredging was a~varded to Subaqueous Services, Inc. on January 9, 2001 in the amount of $236,920.69. The estimated quantities included in the bid schedule for this contract were based upon surveys performed prior to the advertisements for bids in November 2000. Due to delays in obtaining authorization from the regulatory agencies, a notice to proceed with construction on this project was not issued until May 9, 2001. During this period of time, additional material accumulated within the area to be dredged. As a result, based upon pre- and post-construction surveys, the actual volume dredged was 21,511 cubic yards compared to the estimated volume of 18,000 cubic yards, which ~vas contained in the bid schedule. Therefore, the attached change order is presented for approval to provide adjustments of the estimated quantities to reflect actual work performed. FISCAL IMPACT: The total cost of this change order is $31,521.59 resulting in a revised contract amount of $268,442.28. The entire amount of this change order will be funded from the Tourist Development Council - Beach Renourishment Fund (195) from available f~nds in the Big Marco Pass Inlet Management Plan budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissiouers: 1. Approve change order No. I to Contract No. 00-3181 in the amount of $31,521.59. 2. Approve the necessary budget amendment. 3. Authorize the Public Utilities Engineering Director to execute the change order. Harold,-. Huber, ProJect Mana~,er III Public Utilities Engineering Department Roy B~ndersou, P.E., Director Public Utilities Engineering Depamnent APPROVED BY: ,. __~ .... ' I,'/~-~'~ Date: ~s V. Mudd, P.E., Administrator Public Utilities Division EXHIBIT E CHANGE ORDER CHANGE ORDER NO. TO: ~ubaqueous Services. Inc. Fort Lauderdale~ FI', qqql& CONTRACT NO. 00-3181 DATE: August 9, 2001 PROJECT NAME: Collier Bay Entrance Dredging PROJECT NO.: 10258 Under our AGREEMENT dated .tnn,mry q ,2000. YOU hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of theAgreement: Adjustments to estimated quantities to reflect actual work performed. FOR THE (Additive)([~dtzcth~)Sum of: Thirty-one thousand~ five hundred twenty-one dollars and ($ 31.521.59 ). fifty-nine cents Original Agreement Amount $ 236,920.69 Sum of Previous Change~, $ 0.00 This Change Order (Add) (D=drr:) $ 31~57] :59 Present Agreement Amount $268.442.28 The time for completion shall be (increased/decreased) by 15 calendar days due to this Change Order. Accordingly, the Contract Time is now seventy-five (75 ) calendar days. The substantial completion date is July 9,2001 and the final completion date is July 23,2001 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: CONTRACTOR: ' Subaque/guls ~, Inc. By:, ,2001 By: OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA DESIGN PROFESSIONAL By: GC-CA-E-1 1/21/2000 3:42 PM COLLIER BAY ENTRANCE DREDGING COLLIER COUNTY CONTRACT NO. 00-3181 CHANGE ORDER NO. 1 ao Ce JUSTIFICATION AND SUPPORTING DOCUMENTATION QUANTITY ADJUSTMENTS (Estimated vs. Actual) 1. Dredge and Fill (a) Estimated Quantity per Bid Schedule: (b) Actual Quantity based upon Pre and Post Dredge Surveys: (c) Adjustment: (Add) (21,5!1 - 18,000) x $9.69: ADJUSTMENT FOR WORK NOT PERFORMED Debris Removal (a) Adjustment (Deduct) 1 each ~ $2,500 = TOTAL AMOUNT OF CHANGE ORDER A.l.c - B.l.a = $34,021.59 - $2,500.00 = 18,000 c.y. 21,511 c.y. $34.021.59 ($2,500.0O) S31,521.59 8.8.01.Collier Bay Change Order No.1 SEP I 120 i EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR THE NORTH COUNTY WATER RECLAMATION FACILITY FOR $163,000 TO BE TRANSFERRED FROM RESERVES TO COVER INCREASED COSTS FOR CHEMICALS, ELECTRICITY AND WASTEWATER SLUDGE HAULING. OBJECTIVE: To obtain approval from the Board of County Commissioner, Ex-Officio the governing Board of Collier County Water-Sewer District authorizing a budget amendment for the North County Water Reclamation Facility (NCWRF) for $163,000 to cover operating expenses for Fiscal Year 2000-2001 (FY 00-01). CONSIDERATIONS: The NCWRF needs $163,000 to cover the operating expenses for the remainder of FY 00-01. This is due to a shortage of funds for chemicals, electricity and other inter-department services. The facility used additional chemicals for odor control. The electricity shortfall was due to a mid-year rate increase by Florida Power & Light. In addition, an outside contractor was hired through Solid Waste Department, to haul wastewater sludge to the Okeechobee Landfill in order to remove wastewater sludge from the Naples Landfill as per the Florida Department of Environmental Protection (F.D.E.P.) consent order. FISCAL IMPACT: Total expenditures for electricity ($65,000), chemicals ($71,000) and inter-department payment for services ($27,000) need to be increased for a total of $163,000. These expenditures were unanticipated in the FY 00-01 Budget. A budget amendment is needed to transfer funds in the amount of $163,000 from the County Water/Sewer Operating Fund (408) Reserves to the NCWRF Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with the Executive Summary. RECOMMENDATION: It is recommended that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, authorize a budget amendment for $163,000 to cover the increased operating expenses for the NCWRF. SUBMITTED BY: Date: ./~fl~p~h B. Cheatham, Wastewater Director J~'f~hes Mudd, P.E., Public Utilities Administrator SEP 1 1 2001 PGo , , EXECUTIVE SUMMARY AMEND PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND IMPLEMENTATION OF 30-INCH PARALLEL SEWER FORCE MAIN ON IMMOKALEE ROAD, CONTRACT 98-2790, PROJECT 73943. OBJECTIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve Amendment 4 to the Professional Services Agreement with Greeley and Hansen for additional design and construction services for the 30-inch Parallel Sewer Force Main on Immokalee Road. CONSIDERATIONS: On July 28th, 1998 as Agenda Item 16(B)(4), the Board approved the final ranking of consultants and entered into an agreement with Greeley and Hansen for design and construction services for the proposed new 30-inch Parallel Sewer Force Main located on the Immokalee Road segment between U.S. 41 and Goodlette-Frank Road. The 30-inch sewer force main has been under construction since August 2000. On April 13th, 1999 as Agenda Item 16(B)(9), the Board approved Amendment 1 to the Professional Services Agreement with Greeley and Hansen. This amendment increased the original design budget to accommodate additional engineering services for design coordination with several adjacent planned construction projects, including the widening of U.S. 41, the Grenada Shoppes and Creekside Park West developments south of Immokalee Road, and two proposed raw/reuse water pipelines along Goodlette-Frank Road. On February 22nd, 2000 as Agenda Item 16(B)(5), the Board approved Amendment 2 to the Professional Services Agreement with Greeley and Hansen for the additional engineering services required to accommodate new design changes to the pipe route and utility easement acquisition efforts as a result of meetings with adjacent property owners. On February 13th, 2001, as Agenda Item 16(C)(2), the Board approved Amendment No. 3 to the Professional Services Agreement with Greeley and Hansen for additional construction engineering services required to accommodate coordination, design changes, and delays associated with the various other construction projects taking place at the U.S. 41/Immokalee Road corridor. Since then, additional construction engineering services are required to accommodate coordination, design changes, increased inspection time, and delays associated with the various other construction projects taking place including the North County Water Reclamation Facility, through Creekside Executive Summary Approve Amendment 4 for Design of 30" Sewer Force Main on Immokalee Road Page 2 Commerce Park, along Immokalee Road at Granada Shoppes, and misalignment of pipe casing installed by FDOT's contractor which required use of alternative HDPE pipe. The 30" Sewer Force Main project is planned to be completed by September 2001. Staff has negotiated a fee increase of $84,206 as documented in the attached August 20, 2001 amendment proposal from Greeley and Hansen. The follo~ving summarizes the breakdown of costs associated with Amendment 4: Original Contract #98-2790 Amendment 1 Amendment 2 Amendment 3 Amendment 4 (Proposed) $168,541 $ 24,936 $ 49,575 $ 61,866 $ 84,2O6 TOTAL (Proposed) $3 89,124 FISCAL IMPACT: Funds in the amount of $84,206.00 are available in County Wastewater Capital Projects. Source of funds is Fund 41.4- Sewer user fees. GROWTH MANAGEMENT IMPACT: This project is needed to meet future sewer flows in the north service area and to ensure sewer service reliability of wastewater collection system as recommended in the 1997 Wastewater Master Plan Update adopted by the Board on July 22, 1997, items 12(c)(4)and 12(c)(5). RECOMMENDATIONS: Staff recommends that the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water- Sewer District, approve and authorize the Chairman to execute Amendment 4 to Professional Services Agreement with Greeley and Hansen for the design and construction of the 30-inch Parallel Sewer Force Main on Immokalee Road. PREPARED BY: Mohan V. Thampi, P.E., Project Manager Public Utilities Engineering Department SE? i! PIS. Executive Summary Approve Amendment 4 for Design of 30" Sewer Force Main on lmmokalee Road Page 3 REVIEWED BY: APPROVED BY: Roy 1~. Anderson, P.E., Director Public Utilities Engineering Department DATE: James V. Mudd, P.E., AdminiStrator Public Utilities Division DATE: Attachments' Amendment 4 MVT:mvt .o. /(~ _- 7- SEP I1 200i ARTHUR H. ADAMS WA[LACE A. AMBROSE RONALD E. SIZZARRI THOMAS J. SULLIVAN JERRY C. 81SH ROGER J. CRONIN JOHN M, SKACH JOHN C. VOGEL TERRY L. WALSH RONALO f. MARTIN KENNETH V. JOHNSON CARL M. KOCH. PH.D. EDWARD M. GERULAT, JR. CLYDE WILSER FRANK J. TANTONE STEPHEN H. PAt_AC ANDREW W. RICHARDSON STEVEN A. GYDRY JOSEPH R. POPECK PAUL S. HAGLUND FEDERICO E. MAJSCH R[CHAPD P. MILNE HAROLD O, GILMAN JOSEPH M. CERVONE TIM GREIF CLIFFORD M. POMERANTZ ROGER S. HOWELL SC03=T T GIRMAN GREELEY AND HANSEN ENGINEERS 2201 CANTU COURT · SUITE 107 * SARASOTA, FLORIDA 34232 (941) 378-3579 · FAX (941) 378-9489 August 20, 2001 Mr. Mohan V. Thampi, P.E., REM Senior ProJect Manager Collier County PUED 3301 E. Tamiami Trail, Building H Naples, Florida 34112 Subject: Design and Implementation of30-Inch Parallel Sewer Force lVlain Amendment No. 4 to Professional Services Agreement Dear Mr. Thampi: As requested, we are providing a summary of additional engineering services associated with the subject project that are outside the scopes of services for the original Agreement and previous amendments. All of the scope and cost changes in Amendment No. 4 are related to additional services during construction. These changes to the scope are summarized as follows: Additional construction coordination and meetings associated xvith adjacent ongoing construction projects at the County's North Water Reclamation Facility (NCWRF) expansion and at Creekside Commerce Park; Additional services relating to the casing pipe misalignment at US 41, comprising additional meetings with FDOT, preparation of revised plan dra~vings, coordination with subcontractors and preparation of HDPE pipe specifications; Additional construction observation time associated with increased pipeline construction time near other construction projects at the NCWRF, through Creekside Commerce Park and along Immokalee Road at Granada Shoppes; and Additional construction observation time at US 41 associated with the misalignment of the existing casing pipe. Please let us know if you need additional information. Encl. FOUNDED IN 1914 Yours very truly, GREELEY AND HANSEN Roger S. Howell, P.E. SEP I 1 2 DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT This AMENDMENT to the Agreement dated July 28, 1998 (hereinafter "AGREEMENT") is made and entered into this ~ day of ,2001, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and ex-officio the governing board of the Collier County Water-Sewer District (hereinafter referred to as the "County" or "OWNER") and Greeley and Hansen LLP, an Illinois partnership, authorized to do business in the State of Florida, whose business address is 13180 North Cleveland Avenue, North Fort Myers, FL 33903 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, the OWNER and CONSULTANT have a valid professional engineering service agreement for the provision of professional engineering services for the Design and Implementation of 30" Parallel Sewer Force Main project (hereinafter referred to as the "PROJECT"), said services being more fully described in the said AGREEMENT; and WHEREAS, OWNER and the CONSULTANT agree some modifications to the basic services and additional services being contemplated under said AGREEMENT are necessary in light of changes in the design effort and concept of the force main; and WHEREAS, the CONSULTANT represents that he has expertise in the type of professional services that will be required for the completion of the PROJECT. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE .1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the PROJECT to which this AMENDMENT applies. 1.2. As a result in the changes in the design effort and concept of the force main affecting the original design of the project, CONSULTANT shall provide professional services in addition to those professional services outlined in the said AGREEMENT as noted in the revised Schedule B - Attachments A and C; and Schedule C, as attached hereto. Additionally, CONSULTANT'S compensation for basic services under the AGREEMENT shall be adjusted as provided in Article Two of this AMENDMENT. 2.1 ARTICLE TWO OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made part hereof. ARTICLE THREE 3.1 All articles in said AGREEMENT, as amended, shall remain in full force and effect and shall not be modified by this AMENDMENT. SEP I ! 20- 1 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the Professional Services Agreement for Design and Implementation of 30" Parallel Sewer Force Main the day and year first written above. ATTEST: Dwight E. Brock, Clerk By: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT Date: By: James D. Carter, Ph.D, Chairman Approved as to form and legal sufficiency: Assistant Coun~ Attorney Witness ./Witness GREELEY AND HANSEN LLP Terry L. Wjjalsh, P.E., Partner (CORPORATE SEAL) NO. /~ , . SEP I 12001 COLLIER COUNTY GOVERNMENT PUBLIC UTLITIES ENGINEERING CONTRACT NO. 73943 Design and Implementation of30-Inch Parallel Sewer Force Main Professional Services Agreement Amendment No. 4 Greeley and Hansen August 2001 The following are descriptions and estimated engineering costs for additional tasks not included in the Scope of Services: Estimated Task No. Task Description Engineering Cost A.6.5.1 Additional construction coordination meetings associated with construction at the NCWRF. Meetings were held to coordinate night shut-down procedures for the interconnection, investigations of existing utilities at the plant site, job safety issues, and problems associated with connection to the existing riser pipe at the headworks. Additional construction coordination meetings were also held relating to construction problems near the Creekside Boulevard entrance sign. $3,915.00 A.6.5.3 Additional Construction Contract Administration Services related to the existing casing pipe misaligurnent at the US 41 crossing. Additional services included attending meetings with FDOT and FDOT's contractors, preparation of revised drawings, preparation of HDPE specifications, review of contractor's submittals and coordination of the US 41 crossing construction. $9,924.00 A.6.8.2 Additional review of contractor payment requests and monitoring project records for the additional duration of construction. $1,907.00 A.6.10.2 Additional change order negotiation. $1,960.00 Page 1 of 2 SEP i I ZOo't Task No. A.7.1.3 Task Description Additional Construction Observation. The ori~nal Contract and Amendments provide for 1,131 hours of Construction Observer time, which is equivalent to about six months of construction observation. Construction has been in progress for slightly more than a year. It is estimated that 60 more hours of construction observation will be required before construction is complete. There have been several construction-related issues which have added to the observation time. These include additional construction and testing time at the NCWRF, additional construction time at the entrance road to Creekside Commerce Park and through Creekside Commerce Park and the misalignment of the existing casing pipe at US 41. The total number of additional construction observation hours in Amendment No. 4 is 875 hours, comprising 815 hours to date and 60 hours estimated to complete. Estimated En~ineerint Cost $66,500.00 TOTAL FOR AMENDMENT NO. 4 $84,206.00 E:',,S HARED\COLLIER\COI-LAM 3 .WPD Page 2 of 2 SEP 1 1 2U01 SCHEDULE B - ATTACHMENT A REVISED SHEDULE OF FEES FOR BASIC SERVICES DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT Greeley and Hansen August 2001 FEE PREVIOUS AMENDMENT REVISED TASK NO. TASK DESCRIPTION IN CONTRACT AMENDMENTS NO.4 FEE A.2 DESIGN REPORT 23,948.00 15,404.00 0.00 39,352.00 A.3 PRELIMINARY DESIGN 33,266.00 16,846.00 0.00 50,112.00 A.4 FINAL DESIGN 13,020.00 1,501.00 0.00 14,521.00 A.5 CONSTRUCTION BID SERVICES 6,876.00 1,560.00 0.00 8,436.00 A.6 CONSTRUCTION CONTRACT AD MI NISTRATIOI' 19,354.00 18,142.00 17,706.00 55,202.00 SUBTOTAL BASIC SERVICES TASKS A.2 - A.6 96,464.00 53,453.00 17,706.00 167,623.00 SCHEDULE B - ATTACHMENT C SHEDULE OF FEES FOR ADDITIONAL SERVICES A.7 A.8 A B C D E OBSERVATION OF CONSTRUCTION ADDITIONAL SERVICES PERMITS SURVEY SOILS INVESTIGATIONS EASEMENTS MISCELLANEOUS SERVICES SUBTOTAL ADD'L SERVICES TASKS A.7 AND A.8 $37,435.00 $5,210.00 S20,910.00 $8,522.OO $0.00 $72,077.00 $50,302.00 $2,535.00 $10,738.00 $89.00 $14,260.00 $5,000.00 $82,924.00 66,500.00 0.00 0.00 0.00 0.00 0.00 66,500.00 $154,237.00 $7,745.00 $31,648.00 $8,611.00 $14,260.00 $5,000.00 $221,501.00 TOTAL ENGINEERING SERVICES $168,541.00 $136,377.00 $84,206.00 $389,124.00 NO. /1~ SEP I 1 2001 Pc. I0 SCHEDULE C DESIGN AND IMPLEMENTATION OF 30" PARALLEL SEWER FORCE MAIN AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT REVISED PROJECT SCHEDULE TASK A.2 A.3 A.4 A.5 A.6 A.7 DESCRIPTION DESIGN REPORT PRELIMINARY DESIGN FINAL DESIGN CONSTRUCTION BID SERVICES CONSTRUCTION CONTRACT ADMINISTRATION DETAILED OBSERVATION OF CONSTRUCTION Greeley and Hansen August 2001 TIME FOR COMPLETION 74 weeks 10 weeks 16 weeks 6 weeks 56 weeks CUMULATIVE TIME FOR COMPLETION 74 weeks 84 weeks 100 weeks 106 weeks 56 weeks 162 weeks Notes: Times for completion are from the Notice to Proceed, dated August 5, 1998. The project schedule has been revised to reflect additional construction time and delays associated with the US 41 casing pipe misalignment and additional construction time and delays associated with construction at the NCWRF and at Creekside Commerce Park. Tasks A.6 and A.7 are concurrent. Consultant does not have control of the actual completion of construction date. Estimates of engineering time and costs for these services are based on the contractor's schedule for completion of construction. S,.EP I 1 2OO~ EXECUTIVE SUMMARY APPROVE A CONSENT ORDER WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REGARDING THE COLLIER COUNTY BEACH RESTORATION PROJECT OBJECTIVE: To obtain approval for execution of the attached Consent Order regarding a Notice of Permit Violation on the Collier County Beach Restoration Project. CONSIDERATIONS: On March 25, 1998 the Florida Department of Environmental Protection issued a Notice of Permit Violation to Collier County relative to placement of rocks on the beach. The Department of Environmental Protection has prepared the attached Consent Order which reflects the issues necessary to resolve the violations that have occurred. Upon execution of the Consent Order by all parties, Collier County will have thirty (30) days to submit a plan of action as set forth in paragraph 9 of the Consent Order. The staff is currently preparing such plan of action which will comply with the requirements contained in the Consent Order. Approval for execution of the Consent Order is hereby requested whereby the time frame for action will be established. FISCAL IMPACT: The funds for payment of the $5,000.00 are budgeted in Fund 195, Tourist Development. It is anticipated that the required plan of action can be performed within the proposed budget for beach maintenance activities in Fund 195, Tourist Development, Category "A" projects. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Consent Order regarding a Notice of Violation on the Collier County Beach Restoration project. PREPARED BY: REVIEWED BY: Harold E. Huber, Project Manager III Public Utilities Engineering Department Roy,. Anderson, P.E., Director PulYIic Utilities Engineering Department APPROVED BY: ~ .... ~- ~'~ -~"~- ~ james~V. Mudd, P.E., Administi'ator Public Utilities Division DATE: <F .2&-o / Attachment SEF' i i ZOO! BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Complainant, VS. IN THE OFFICE OF BEACHES AND COASTAL SYSTEMS OGC FILE NO. 01-XXXX COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, Respondent. / CONSENT ORDER This Consent Order is made and entered into between the State of Florida Department of Environmental Protection ("Department"), and Collier County Board of County Commissioners ("Respondents") to reach settlement of certain matters at issue between the Department and Respondents. The Department finds and the Respondents admits the following: 1. The Department is the administrative agency of the State of Florida charged with the duty to administer and enforce Chapter 161, Florida Statutes ("F.S."), and the rules promulgated thereunder, Florida Administrative Code ("F.A.C.") Title 62B. The Department has jurisdiction over the matters addressed in this Consent Order. 2. Respondents are considered persons within the meaning of Section 161.054(1), F.S. 3. Respondents performed a beach restoration project at Naples and Vanderbilt Beach, in which unacceptable rock material was placed on the beach. 4. During the beach restoration project, the Department withheld enforcement action while the County's contractor, T. L. James, Inc., conducted a rock removal operation which consisted of one "rake". Erosion of the beach fill project continued to expose pockets of rocks embedded in the beach and the rocks were then scattered along the surface of the beach by waves. The County purchased beach- cleaning equipment, but their efforts were insufficient to maintain a beach free of exposed rocks. The County also contracted a one-time intensive rock removal operation for several discreet segments of Naples Beach. 5. Recognizing that a continuing cleanup effort would be required to address the problem, on March 25, 1998, the Department notified the Respondents, through a Notice of Permit Violation, that the placement of the rocks on the beach is in violation of Rule 62B-41.007(2)(j), F.A.C. 6. The Department's Notice of Permit Violation advised the Respondents that the Department would require implementation of an intensified program to remove embedded rocks from the beach berm and exposed rocks from the surface of the beach and nearshore. The program would require continued maintenance operations that would include: a sampling procedure to identify the areas where concentrations of embedded rocks exist; identifying resources that the County would commit to removing rocks; and a compliance standard for removal of embedded and exposed rocks from the beach. The goal of the program would be the removal of all rocks before the next beach nourishment project. 7. The current and continued presence of rocks on the beach is a violation of Rule 62B-41.007(2)(j), F.A.C. 8. On December 6, 2000, the Department cited Collier County for employing an unauthorized method of dual-layering on Naples Beach, for the apparent purpose of burying unacceptable rock material, without benefit of a Department permit. Having reached a resolution of the matter, Respondents and the Department mutually agree and it is so, ORDERED: 9. Respondents shall comply with the following actions within the stated time periods: a) Within thirty (30) days of the effective date of this Consent Order, the Respondents shall submit a plan (to the Department's satisfaction) that includes the following: i) Removal of embedded rocks from the beach berm and exposed rocks from the surface of the beach and nearshore areas; ii) Continued maintenance operations for the life of the project; iii) Establishment of a sampling procedure to identify the areas where concentrations of embedded rocks exist, including the nearshore areas; iv) Identify resources that the County would commit to removing rocks; and v) A compliance standard for removal of embedded and exposed rocks from the beach and nearshore areas. b) Submit revisions to the plan within thirty (30) days following a written request by the Department. c) Implementation of the rock cleanup plan described above upon approval by the Department,. d) Within thirty (30) days, pay a fine of $5,000, or propose an environmental restoration or enhancement project of comparable value, which would benefit the coastal ecosystem or improve public beach access in this area to the satisfaction of the Department. 10. The approved cleanup plan and, if proposed, approved restoration or enhancement project are incorporated herein to this Consent Order as Exhibits A and B, respectively. 11. Respondents agree to pay the Department stipulated penalties in the amount of $250 per day for each and every day Respondents fail to comply with any of the requirements of paragraph 9 of this Consent Order. A separate stipulated penalty shall be assessed for each violation of this Consent Order. Within 30 days of written demand from the Department, Respondents shall make payment of the appropriate stipulated penalties to "The Department of Environmental Protection" by cashier's check or money order and shall include thereon the OGC number assigned to this Consent Order and the notation "Ecosystem Management and Restoration Trust Fund". Payment shall be sent to the Department of Environmental Protection, Jim Martinello, Environmental Manager, Office of Beaches and Coastal Systems, 3900 Commonwealth 4 Boulevard, Mail Station 300, Tallahassee, Florida 32399. The Department may make demands for payment at any time after violations occur. Nothing in this paragraph shall prevent the Department from filing suit to specifically enforce any of the terms of this Consent Order. If the Department is required to file a lawsuit to recover stipulated penalties under this paragraph, the Department will not be foreclosed from seeking civil penalties for violations of this Consent Order in an amount greater than the stipulated penalties due under this paragraph. 12. If any event occurs which causes delay or the reasonable likelihood of delay, in complying with the requirements or deadlines of this Consent Order, Respondents shall have the burden of proving the delay was or will be caused by circumstances beyond the reasonable control of the Respondents and could not have been or cannot be overcome by Respondents due diligence. Economic circumstances shall not be considered circumstances beyond the control of Respondents, nor shall the failure of a contractor, subcontractor, materialman or other agent (collectively referred to as "contractor") to whom responsibility for performance is delegated to meet contractually imposed deadlines be a cause beyond the control of Respondents, unless the cause of the contractor's late performance was also beyond the contractor's control. Upon occurrence of an event causing delay, or upon becoming aware of a potential for delay, Respondents shall notify the Department orally within 24 hours or by the next working day and shall, within seven calendar days of oral notification to the Department, notify the Department in writing of the anticipated length and cause of delay, the measures taken or to be taken to prevent or minimize the delay and the timetable by which Respondents intend to implement these measures. If the parties can agree that the delay or anticipated delay has been or will be caused by circumstances beyond the reasonable control of Respondents, the time for performance hereunder shall be extended for a period equal to the agreed delay resulting from such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or minimize delay. Failure of Respondents to comply with the notice requirements of this paragraph in a timely manner shall constitute a waiver of Respondents right to request an extension of time for compliance with the requirements or deadlines of this Consent Order. 13. Persons who are not parties to this Consent Order but whose substantial interests are affected by this Consent Order have a right, pursuant to Sections 120.569 and 120.57, F.S., to petition for an administrative hearing on it. The Petition must contain the information set forth below and must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000, within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time of filing to the District Office named above at the address indicated. Failure to file a petition within the 21 days constitutes a waiver of any right such person has to an administrative hearing pursuant to Sections 120.569 and 120.57, F.S. The Petition shall contain the following information: (a) The name, address, and telephone number of each petitioner; the Department's Consent Order identification number and the county in which the subject matter or activity is located; (b) A statement of how and when each petitioner received notice of the Consent Order; (c) A statement of how each petitioner's substantial interests are affected by the Consent Order; (d) A statement of the material facts disputed by petitioner, if any; (e) A statement of facts which petitioner contends warrant reversal or modification of the Consent Order; (f) A statement of which rules or statutes petitioner contends require reversal or modification of the Consent Order; and (g) A statement of the relief sought by petitioner, stating precisely the action, petitioner wants the Department to take with respect to the Consent Order. If a Petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this Notice. Persons whose substantial interests will be affected by any decision of the Department with regard to the subject Consent Order have the right to petition to become a party to the proceeding. The Petition must conform to the requirements specified above and be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the above address of the Department. Failure to petition within the allowed time frame constitutes a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57, F.S., and to participate as a party to this proceeding. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28-106.205, F.A.C. A person whose substantial interests are affected by the Consent Order may file a timely petition for an administrative hearing under Sections 120.569 and 120.57, F.S., or may choose to pursue mediation as an alternative remedy under Section 120.573, F.S., before the deadline for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. The procedures for pursuing mediation are set forth below. Mediation may only take place if the Department and all the parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with all parties to the proceeding (which include the Respondents, the Department, and any person who has filed a timely and sufficient petition for a hearing) and by showing how the substantial interests of each mediating party are affected by the Consent Order. The agreement must be filed in (received by) the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, by the same deadline as set forth above for the filing of a petition. The agreement to mediate must include the following: (a) The names, addresses, and telephone numbers of any persons who may attend the mediation; (b) The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time; (c) The agreed allocation of the costs and fees associated with the mediation; (d) The agreement of the parties on the confidentiality of discussions and documents introduced during mediation; (e) The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen; (f) The name of each party's representative who shall have authority to settle or recommend settlement; (g) Either an explanation of how the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearly identifying the petition for hearing that each party has already filed, and incorporating it by reference; and (h) The signatures of all parties or their authorized representatives. As provided in Section 120.573, F.S., the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, F.S., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, Department must enter a final order incorporating the agreement of the parties. the promulgated thereunder Consent Order. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within fourteen days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, F.S., remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes. 14. Entry of this Consent Order does not relieve Respondents of the need to comply with the applicable federal, state or local laws, regulations or ordinances. 15. The terms and conditions set forth in this Consent Order may be enforced in a court of competent jurisdiction pursuant to Section 120.69, F.S. Failure to comply with the terms of this Consent Order shall constitute a violation of Section 161.053, F.S. 16. Respondents are fully aware that a violation of the terms of this Consent Order may subject Respondents to judicial imposition of damages, civil penalties up to $10,000.00 per offense, and criminal penalties. 17. All plans, applications, penalties, costs and expenses, and information required by this Consent Order to be submitted to the Department should be sent to Jim Martinello, Environmental Manager, Office of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399. 18. The Department hereby expressly reserves the right to initiate appropriate legal action to prevent or prohibit any violations of applicable statutes, or the rules that are not specifically addressed by the terms of this 19. The Department, for and in consideration of the complete and timely performance by Respondents of the obligations agreed to in this Consent Order, hereby waives its right to seek judicial imposition of damages or civil penalties for alleged violations outlined in this Consent Order. Respondents acknowledge but waive its right to an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., on the terms of this Consent Order. Respondents acknowledges its right to appeal the terms of this Consent Order pursuant to Section 120.68, F.S., but waives that right upon signing this Consent Order. 20. The provisions of this Consent Order shall apply to and be binding upon the parties, their officers, their directors, agents, servants, employees, successors, and assigns and all persons, firms and corporations acting under, through or for them and upon those persons, firms and corporations in active concert or participation with them. 21. No modifications of the terms of this Consent Order shall be effective until reduced to writing and executed by both Respondents and the Department. 22. If all of the requirements of this Consent Order have not been fully satisfied, Respondents shall, at least 14 days prior to a sale or conveyance of the property, (1) notify the Department of such sale or conveyance, and (2) provide a copy of this Consent Order with all attachments to the new owner. 23. This Consent Order is a settlement of the Department's civil and administrative authority arising from Chapter 161, F.S., to pursue the allegations addressed herein. This Consent Order does not address settlement of any criminal liabilities which may arise from Sections 161.052(8), 161.053(8), 161.121, and 161.58(1), F.S., nor does it address settlement of any violation which may be prosecuted criminally or civilly under federal law. 24. This Consent Order is a final order of the Department pursuant to Section 120.52(7), F.S., and it is final and effective on the date filed with the Clerk of the - 10 ! Department unless a Petition for Administrative Hearing is filed in accordance with Chapter 120, F.S. Upon the timely filing of a petition this Consent Order will not be effective until further order of the Department. FOR THE RESPONDENT DATE: Collier County JAMES D. CARTER, Ph,D., Chairman DONE AND ORDERED this Florida. day of October 2001, in Tallahassee, STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Copies furnished to: Betsy Hewitt Patrick Krechowski Alfred B. Devereaux, Director Office of Beaches and Coastal Systems. 1] EXECUTIVE SUMMARY AWARD BID #01-3249 FOR THE PURCHASE OF ALUMINUM SULFATE FOR WATER RECLAMATION FACILITIES OBJECTIVE: To ensure the availability of aluminum sulfate as a settling aid for secondary activated sludge at the North and South County Water Reclamation Facilities. CONSIDERATION: Aluminum sulfate is used at both Water Reclamation Facilities as a settling aid for secondary activated sludge, particularly during the months of October through March when the effluent flows are highest. 2. Bid #01-3249 was posted on June 11, 2001. Seventy-three (73) inquiries were sero and one (1) bid was received and opened on July 11, 2001. Staff has reviewed the bid and recommends award of Bid #01-3249 to General Chemical as the lowest qualified responsive bidder. General Chemical has supplied Collier County with liquefied aluminum sulfate in the past and has been a reliable supplier. FISCAL IMPACT: Funds for the purchase of liquefied aluminum sulfate are budgeted in the Operating Fund for the North and South County Water Reclamation Facility. The amounts are $55,100 for the South County Water Reclamation Facility and $100,000 for the North County Water Reclamation Facility for FY01/02 in County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no growth managemem impact. RECOMMENDATION: That the Board of Cot~ty Commissioners award Bid #01-3249 for the purchase of aluminum sulfate to General ~hemical. 'Dennis Bamard, Chief Operator, NCWRF Ste~;e Cdrnell, Ptffchasing/GS Director , Waste,~ater Direc~/~' Jan2e,, s'V. Mudd, P.E., Adnumstrator Date: Date: ~. 20.07 1~001 EXECUTIVE SUMMARY APPROVE PURCHASE OF SODIUM CHLORITE BASED ON QUOTATIONS IN EXCESS OF THE $25,000 COMPETITIVE BID THRESHHOLD. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the County Water/Sewer District approve the purchase of sodium chlorite in excess of the $25,000 competitive bid threshhold. This is needed to expedite the binding of the hydrogen sulfide in solution during decomposition of sludge before it is pumped to the North County Water Reclamation Facility sludge belt press. CONSIDERATION: 1. The North County Water Reclamation Facility uses sodium chlorite supplied by Vulcan Chemical, under the brand name of Aktavox, to keep hydrogen sulfide in solution. Hydrogen sulfide is an odorous and dangerous substance and using sodium chlorite reduces the danger to employees and also reduces the odor that would be released without the use of this chemical. 2. To staffs knowledge there are only 2 chemical companies that can supply the chemical in the form that is needed by the North County Water Reclamation Facility. At the beginning of the fiscal year of 00/01 two (2) quotes were obtained and a Purchase Order was opened to purchase this chemical. As the year has progressed, it has become apparent that the $25,000 ceiling will be exceeded and the Purchase Order will need to be increased above the $25,000 limit. 3. Staff is recommending approval of the purchase of the sodium chlorite from Vulcan Chemical so that the County can continue to process the facility sludge in a safe and odor free manner. FISCAL IMPACT: Total expenditures for this purchase are estimated at $12,000 and will be funded from the FY 00/01 budget. The funds are available in the North County Water Reclamation operating budget in County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. AGENDA IT~/I SEP '1! 2001 I RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the governing Board of the County Water Sewer District, approve the purchase of sodium chlorite from Vulcan Chemical in excess of the $25,000 threshhold. SUBMITTED BY: ~ ~ ~ Cx~r~~. Date: c~3- ~).~<~ '" 0 [ Dennis Barnard, Chief Operator REVIEWED BY: (~ ~ Date: e- ~o.O } lbe Cheatham, Wastewater Director ~ REVIEWED BY: & .... ,,~*~'w.~.'~" ' ~'z~/J'4'K~/ Date: ~~'"¢r ") Jarfi'es V. Mudd, Publi~ Utilities Administrator SEP 1 )2OD1 PG. ~ EXECUTIVE SUMMARY APPROVE SOLE SOURCE ACQUISITION OF SERVICES FOR DATA CONVERSION, MODIFICATION DESIGN, AND IMPLEMENTATION ASSISTANCE FOR THE NEW UTILITY/BILLING CUSTOMER SERVICE, WORK ORDER, AND INVENTORY CONTROL SOFTWARE. OBJECTIVE: To acquire project management assistance services during the modification design, data conversion and implementation phases of the new utility billing software. CONSIDERATIONS: Vaccaro Consulting, Inc. was used by the County to prepare the original "request for proposals" for the new software and to assist in the negotiation of the contract used to acquire the new software system, which was approved by the Board on June 26, 2001. Utility staff in conjunction with Information Technology staff had initially planned to perform ,internally, the data conversion and project management functions associated with the new software. However, the software, selected and purchased, requires a significant amount of modification (design, specification development and testing) effort. Staff does not have the technical expertise to develop an implementation program that includes the appropriate modification specifications, acceptance testing, and interfacing requirements. Staff recognizes the end result will be a better product by the use of an expert who is familiar with the County's needs and has both current and technical expertise with the implementation of utility billing software. Vaccaro Consulting, Inc. is associated with several projects, every year, similar in size and level of sophistication to our project. County staff has not been associated with this type of conversion and implementation in more that eight (8) years. FISCAL IMPACT: Total expenditures for the anticipated services, which extend over a year and a half, are estimated at $75,000, do not require a budget amendment, and will be funded in the FY 01 budget. A total of $37,500 will be funded from the Utility Billing software project 7~3c in the Water Capital Fund (Fund 412) and $37,500 from project 73'7W in the Sewer Capital Fund (Fund 414). GROWTH MANAGEMENT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: Board of County Commissioners waive formal competition, and approve the sole source acquisition of services from Vaccaro Consulting, Inc. PREPARED BY: ' John A. YortRo_sky CJ:~A? Director U, tJlity Billing & CustbmerService Steve~¢arnell, Director Purchasing DepaAment APPROVED ~.; Jim*V. Mudd, P.E, Administrator Public Utilities Division DATE DATE , ," EXECUTIVE SUMMARY AUTHORIZE PURCHASE OF HERSEY WATER METERS IN EXCESS OF $25,000 FROM SOLE AUTHORIZED DISTRIBUTOR HUGHES SUPPLY COMPANY OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, authorize the purchase of Hersey Meters from Hughes Supply Inc., the sole Florida authorized municipal water works distributor of these meters. CONSIDERATIONS: The Board of County Commissioners has approved a capital project to rehabilitate the meters located in the Pelican Bay Subdivision. Phase I of this Project was the relocation of the meters from below ground pits to above ground and the addition of backflow devices to each meter assembly. Phase II of the Project is the replacement of the non-standard and non-testable master meters within this area. Per Ordinance No. 97-17, Appendix Section, Detail W-13, Domestic Water Meter Assembly 3" and Above, Hersey Meters are the sole approved device within the Collier County Water District. Hughes Supply Company is the sole authorized dealer for Hersey Meters within the State of Florida. FISCAL IMPACT: The fiscal impact of the purchase of the meters for the Pelican Bay Project is $54,000, which is budgeted and available in the Water Capital Fund, under Project No. 70058. Source of funds is user fees. GROWTH MANAGEMENT IMPACT: There is no growth management impact from approving this purchase. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District, authorize the purchase of Hersey water meters from Hughes Supply Inc., the sole Florida authorized municipal water works distributor of these meters. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Pamela Libby, Water Djatr~ution Paul Mattausch, Water Directs/ ~St~ve~_Qa_'mell, P~rchasing Director J~es V. Mudd, PE Manager Date: Date: Public lJtil'ities Administrator SEP I 12001 10210 Statesville Blvd. (Hwy. 70) P.O. Box 128 Cleveland, NC 27013 Tel: (704) 278-2221 August 14,2001 TO: Collier County, Florida Subject: Sole Source Distributor This is to confirm that, at this time, Hughes Supply Inc. is the only authorized municipal water works distributor for Hersey Meters in the state of Florida. Should you have any questions or concerns, please do not hesitate to contact me at 800-273-8009 X2101. Sincerely, Sandra L. Bowers Quotations Administrator CC: File EXECUTIVE SUMMARY APPROVE TOURIST DEVELOPMENT CATEGORY "A" FUNDING APPLICATIONS FOR FY 01/02 OBJECTIVE: To obtain approval of Tourist Development Category "A" funding applications as recommended for approval by the Beach Renourishment / Maintenance Committee, the Coastal Advisory Committee and the Tourist Development Council. CONSIDERATIONS: The following Tourist Development Category "A" funding applications were reviewed and recommended for approval by the Beach Renourishment / Maintenance Committee on March 1, 2001, the Coastal Advisory Committee (CAC) on June 7, 2001 and by the Tourist Development Council (TDC) on June 25, 2001. PROJECT DESCRIPTION 10268 Clam Pass Dredging ($205,100 total, $36,150 in FY01 requested by PBSD) 10500 Caxambas Pass Dredging 10501 Marco Island Segmented Breakwater Modifications 10502 Hideaway Beach Renourishment Annual Monitoring 10503 Collier County / Naples Beaches ($244,200) 10504 Marco Island Beaches ($97,900) 10506 Marco Island Segmeneted Breakwater ($27,000) 10513 Hideaway Beach T-Groins ($102,700) 10505 Beach Cleaning Equipment 10507 Incremental Beach Maintenance 10508 Wiggins Pass Dredging 10509 Beach / Inlet Maintenance 10510 Beach Cleaning Operations 10511 Hideaway Beach Access Improvements 10512 Sea Turtle Monitoring 10514 Barefoot Beach Improvements Barefoot Beach Preserve Boardwalk ($220,300) Barefoot Beach Access Boardwalk ($28,000) Barefoot Beach Access Parking Lot ($25,000) 10515 Marco Island South Beach Boardwalk Redecking 10516 Renourishment of Gulfshore Blvd. North Beach Access 10517 Doctors Pass Monitoring 10518 Gordon Pass South T-Groin Project Monitoring 80088 Tigertail Beach Parking Lot Renovation Project Management Fees AMOUNT $168,950 $335,000 $705,100 $335,500 $471,800 $46,500 $1,000,000 $472,000 $195,000 $206,400 $401,000 $134,400 $273,300 $25,000 $150,000 $9,500 $85934 $44,000 $280,2O0 TOTAL $5,338,584 SEP1 12001 FISCAL IMPACT: The total amount of funding applications for FY01/02 in the amount of $5,338,584.00 is recommended for appropriation in the budget of fund 195 for FY01/02. The source of funds is the Tourist Development Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve the attached grant applications for Tourist Development Category "A" projects in the amount of $5,338,584.00 for appropriation in the FY01/02 budget for Fund 195. SUBMITTED BY: / -'?' ~' [C -'(_ -~__-.-x_..[- Date: :~',:~:"-¥('/ Ron Hovell, P.E., Coast Projects Manager / Public Utilities Engineering Department .-/; : .., ~VIEWED BY: ~'V'/'~ c.-~ ..... ~ ...... Date: ' Roy B: Anderson, P.E., Director Public-Utilities Engineering Depa~¢ent ' ?~h~ v. ~udd, P.:.,'~dmini~t~ator Public Utilities Division EXECUTIVE SUMMARY APPROVAL OF WORK ORDER NO. WD-045 FOR INSTALLATION VINEYARDS COMMUNITY PARK EFFLUENT IRRIGATION PROJECT OF OBJECTIVE: That the Board of County Commissioners approve Work Order No. WD-045 to Kyle Construction in the amount of $67,500. CONSIDERATIONS: The irrigation system located within the Vineyards Community Park is currently fed by water from the Vineyards Development effluent water system. A project was developed and approved by the Board of County Commissioners to relocate the irrigation from the Vineyards effluent to the County effluent system to provide increased reliability of the Park's irrigation system. Kyle Construction is one of Collier County's approved underground utility contractors. The effluent irrigation project was bid to the four utility contractors on contract. The quotes received were as follows: Kyle Construction, Inc. $67,500.00 D. N. Higgins, Inc. $68,350.00 Florida State Underground, Inc. $71,006.60 Mitchell and Stark Construction Co., Inc. $78,000.00 FISCAL IMPACT: The fiscal impact of this purchase is for $67,500, with funding available in the Unincorporated General Fund Parks budge'c. GROWTH MANAGEMENT IMPACT: There is no growth management impact with the approval of this work order. RECOMMENDATION: That the Board of County Commissioners award Work Order No. WD-045 to Kyle Construction and authorize the Parks and Recreation Director to execute the Work Order. SUBMITTED BY: REVIEWED BY: APPROVEDBY: Debbie Roberts, Operations Coordinator Parks and Recre~ion Department / amseY, Parks and Rec~,eation pepartment ~ivisia~ af Rub~rvic~s I f l t 5EP I i 2001 KYLE CONSTRUCTION, INC. 3636 PROSPECT AVE. NAPLES, FL 34104 INAME/ADDRESS __ tATTN: JOE DELANTE, ASLA PROPOSAL t' DATE L_~/23/2001 .. VINEYARDS COMM PARK ITEM DESCRIPTION -- ~STA~.L EFfL~JENT II~,IO^TION SERVICE I3I VINEYARDS COMMUNITY PARK. QTY UNIT RATE TOTAL Agen ' te ! SEP fl 2001 Total $67,500.00 WORK ORDER # WD-045 UNDERGROUND UTILITY CONTRACTING SERVICES Contract #00-3087 This Work Order is for the Underground Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Vineyards Community Park Effluent Irrigation Project The work is specified in the proposal dated August 23, 2001 from Kyle Construction which is attached hereto and made part of this Work Order. In accordance with the terms and conditions of the Agreement referenced above, Work Order # WD-045 is assigned to the following work. Scope of Work Task I: See Attached Proposal for Scope of Work. Schedule of Work: Work shall be completed by September 30, 2001. Compensation: In accordance with Item 4 of the Agreement, the county will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below. Lump Sum $67,500.00 Task I: Total Fee: REVIEWED BY: ACCEPTED BY: $67,500.00 Department Representa{[.~ Title Approved as to~lZ6gal ss aO[o nty' Dale g/97/o/ Date / SEP 11 ~001 I EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR THE UNITED WAY OF COLLIER COUNTY CAMPAIGN ACTIVITIES. OBJECTIVE: To approve the expenditure of funds not to exceed a total of $1,500 to cover the cost of activities associated with and incentive prizes for participants in the United Way of Collier County Campaign for FY 2001/2002. CONSIDERATIONS: The Board of County Commissioners is authorized by law to determine when the expenditure of public funds is for valid and proper County purposes. County employees are encouraged by Management to support and participate in the United Way Campaign activities. The event serves to boost employees' morale while contributing to an important community event. Outstanding efforts by employees are to be recognized with incentive prizes including but not limited to t-shirts, mugs, pins, plastic water bottles, plaques, trophies, food and beverages. In the attached resolution, the Board declares a valid public purpose for these expenditures. FISCAL IMPACT:. Funds have been budgeted in the General Fund, Human Resources Administration Section in the amount of $1,500 to cover campaign expenditures. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Collier County Board of Commissioners adopt the attached Resolution authorizing expenditure of funds not to exceed $1,500 for the United Way of Collier County Campaign activities for fiscal year 2001/2002 and approve any associated budget amendments. Prepared by:, ~ ~~ ~,~~ cI. mi'ty-~'/~ ~ /~ter,,Exs~utiveSecretary ~o E. bchs, Jr., Public,,.,~S~ices'Administrator ~ ' I C~-r 11 ~001 RESOLUTION NO. O1 - A RESOLUTION APPROVING THE EXPENDITURE OF FUNDS FOR ACTIVITIES AND INCENTIVE PRIZES ASSOCIATED WITH COUNTY STAFF PARTICIPATION IN THE UNITED WAY CAMPAIGN AS SERVING A VALID PUBLIC PURPOSE. WHEREAS, the Collier County Board of County Commissioners has legal authority to adopt a resolution authorizing the expenditure of County funds for valid and proper public purposes; and WHEREAS, the Board of County Commissioners recognizes the worthwhile goals of the United Way of Collier County and the positive effects participation in the United Way of Collier County Campaign has on County employees. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the expenditure of funds not to exceed $1,500.00 for activities associated with the United Way Campaign of 2001/2002 is hereby found by the Board to serve a valid public purpose and is approved. The specific expenditures approved for Fiscal Year 2001/2002 are incentive prizes including but not limited to: T-shirts, mugs, pins, plastic water bottles, plaques, trophies, food, beverages, and incidental supplies for serving a light snack for employees participating in the United Way Campaign. This Resolution adopted after motion, second, and majority vote. Dated: Attest: DWIGHT E. BROCK, CLERK By: Approved as to form and legal sufficiency: David C. Weigel, County Attorney BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., CHAIRMAN EXECUTIVE SUMMARY APPROVE FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM PROJECT GRANT AGREEMENT BETWEEN COLLIER COUNTY AND STATE OF FLORIDA FOR IMPROVEMENTS AT AIRPORT PARK IN IMMOKAI,EE Objective: That the Board of County Commissioners approve the Florida Recreation Development Assistance Program Project Grant Agreement between Collier County and State of Florida for improvements at Airport Park in Immokalee. Consideration: Collier County was awarded a Florida Recreation Development Assistance Program Project Grant for improvements at Airport Park in Immokalee. The grant is a 50% matching grant with the department funding up to $130,328.00 and matching funds fi.om the State of Florida up to $130,328.00. Fiscal Impact: The funds are budgeted in Parks Improvement CIP Fund (306), Immokalee Airport Park. Source of funds is Ad Valorem from the Unincorporated Areas. Growth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners approve the Florida Recreation Development Assistance Program Project Grant Agreement between Collier County and State of Florida for improvements at Airport Park in Immokalee. Prepared by: ~'"~{J~ ~ kJ,J2eq. Debbie Roberts, Operations Coordinator Department of Parks and Recreation Reviewed and ///~. ~/ ,.. /_ Approved by: c~'7./~Z41~.~l.~' ~. J-C M~la Olsvig Rmsey, Dkector Dep~ment of P~ks ~d Recreation Reviewed n x .. ~ Division of Public S~s Date: Date: Jeb Bush Governor Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 David B. Struhs Secretary August 16, 2001 Ms. Debbie Roberts Operation Coordinator Collier County 3300 Santa Barbara Boulevard Naples, Florida 34116 Re: Immokalee Airport Park FRDAP Project No. F02134 Dear M~~.' Thank you for your letter accepting the Florida Recreation Development Assistance Program (FRDAP) grant. The grant agreement has been prepared in accordance with your acceptance letter. It is important that you review the agreement to ensure that information specific to your project is accurate. Please execute and remm both original copies of the agreement. In signing {he agreement, do not complete the blank space for the date. Our staffwill date the agreement when formally executed by the Depa[hnent and one original copy will be returned to you. Thank you for your attention to this matter. If you have any questions, please contact us at (850) 488-7896 or Suncom 278-7896. Sincerel~~.~ Ma~ nn l_~e' Community Assistance Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station #585 MAL/Ip Enclosure "More Protection, Less Process" Pr/nted on recycled paper. Agendm Item SEP 1 F0134 DEP Contract Number CSFA Number: 37017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day of , 200 , by and between the State of Florida, DEPARTMENT of Environmental Protection, hereinafter called the DEPARTMENT, and Collier County, hereinafter called the GRANTEE, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, F~orida Administrative Code, the parties hereto agree as follows: This Agreement shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE effective August 23, 2000, which is incorporated into this Agreement as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this Agreement. o The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Immoka!ee Airport Park (Florida Recreation Development Assistance Program, FRDAP Project Number F02134), hereinafter called the PROJECT, and enters into this Agreement with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Page 1 of 11 SEP 11 Pg. ~),, Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified by the DEPARTMENT if GRANTEE shows good cause: Playground, walking trail, picnic facilities, landscaping, security lighting, parking, renovation of pavilion/banshell, parking, fencing; and other related support facilities. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $130,328, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $130,328 50% GRANTEE Match $130,328 50% Type of Match Cash and/or In-kind Services The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre- audit and post-audit review. Within sixty (60) days after receipt of the request, the DEPARTMENT'S Contract Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A037, referenced in s. 62D-5.058(6)2(g), the DEPARTMENT will approve the request for payment. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this Agreement by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the PROJECT. The parties further agree that the Page 2 of 11 SEP 11 2001 principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. o Allowable indirect costs shall not exceed 15% of the GRANTEE'S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. Pursuant to s. 215.422, Florida Statutes, the Department's Project Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the payment requests for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance has fifteen (15) days to issue a warrant. Days are calculated from the date the invoice is received or the date the services are received, inspected, and approved, whichever is later. Invoice payment requirements do not start until a complete and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at (850)410-9724 or (800)848-3792. o In accordance with s. 215.422, Florida Statutes, the DEPARTMENT shall pay the GRANTEE interest at a rate as established by s. 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to s. 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 12 (1999-00) dated December 2, 2000, has been set at 11.0% per annum or .0003014% per day. The revised interest rate for each calendar year beyond 2000 for which the term of this Agreement is in effect can be obtained by calling the DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. Page 3 of 11 10. It is understood by the parties that the amount of this Agreement may be reduced should the Governor's Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 11. PROJECT funds may be reimbursed for eligible pre-agreement expenses (as defined in s. 62D-5.054(29) of the RULE) incurred by GRANTEE prior to execution of this Agreement as set forth in s.62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this Agreement with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 12. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-D.058(6) (f) of the RULE, to the DEPARTMENT upon determiniQg that the documentation complies with the RULE, the DEPARTMENT will give notice to GRANTEE to commence the development and approve the request for payment. 13. The Grantee shall obtain all required local, state and federal permits and approvals prior to commencement of project construction and shall certify that it has done so to the Department by completing the Permitting Certification, FPS-A034, referenced in s. 62D-5.058(7) (c) of the Rule. 14. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before The GRANTEE may request up to two (2) one (1) year extensions from the DEPARTMENT for good cause at the written request of the GR3kNTEE and such request must be made prior to the PROJECT completion date. Project must be completed within 5 years, or money may revert. i5. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. Page 4 of 11 16. ~ny local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes; or If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to s. 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 17. A copy of the audit or attestation as ~equired in Paragraph 16, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 18. In addition to the provisions contained in Paragraph 16 above, the Grantee shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-l, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment 1. If the Grantee fails to receive a revised copy of Attachment 1, Exhibit-l, the Grantee shall notify the Department's Contracts Administrator at 850/488-7896 to request a copy of the updated information. 19. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S non- compliance with this Agreement, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due Following receipt of an audit report identifying the Page 5 of 11 Agenda Item SEP I DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 20. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention period. The DEPARTMENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the three-year retention period. 21. The DEPARTMENT'S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE'S Liaison Agent, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT statu~ reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. Any and all notices shall be delivered to the parties at the following addresses: Grantee DeDartment Ms. Debbie Roberts Collier County 3300 Santa Barbara Blvd. Naples, FL 34116 Mary Ann Lee Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 585 Tallahassee, Florida 32399-3000 22. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, from the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 23. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. Page 6 of 11 Agenda Item / 24. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access to all documents, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 25. The DEPARTMENT shall also have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this Agreement. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall be calculated and determined pursuant to Section 55.03(1) of the Florida Statutes. Interest shall be calculated from the date(s) of payment(s) to the GRANTEE by the DEPARTMENT to nhe date repayment is made by GRANTEE. 26. The GRANTEE shall comply with all federal, state and local rules, regulations and ordinances in acquiring and developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with ail federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to ensure that the GP3~NTEE'S contract will include the requirements of this paragraph in all subcontracts made to perform this Agreement. 27. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in Administrative Rule 62D- 5.059(2). Land under control other than by ownership of the GRANTEE such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Ail dedications must be recorded in the public property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 28. Failure to comply with the provisions of the RULE or the terms and conditions of this Agreement will result in cancellation of the Agreement by the DEPARTMENT. The Page 7 of 11 DEPARTMENT shall give the GRANTEE in violation of the RULE or this Agreement a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period state in the written notice shall result in cancellation of the Agreement and may result in the imposition of the terms in Paragraph 25. 29. In the event of conflict in the provisions of the Rule, the Agreement and the Project Application, the provisions of the Rule shall control over this Agreement and this Agreement shall control over the Project Application documents. 30. If the DEPARTMENT determines that site control is not sufficient under the RULE the DEPARTMENT shall give the applicant a notice in writing and a reasonable time to comply. If the deficiency cannot be reasonably corrected within the time specified in the notice, the DEPARTMENT shall cancel this AGREEMENT. 31. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Florida Legislature. 32. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 33. No person on the grounds of race, creed, color, national origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. 34. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of s. 768.28, Florida Statutes. 35. The employment of unauthorized aliens by any GRANTEE is considered a violation of s. 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE Agenda Item Page 8 of 11 No.~_~ SEP 1 I 001 _ shall be responsible for including this provision in all subcontracts with private organizations made to perform this Agreement. 36. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 37. The Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the re~aining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by law. 38. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 39. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parties hereto. 40. This Agreement is an exclusive contract and may not be assigned in whole or in part without the written approval of the Department. 41. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, Page 9 of 11 Agend& Item SEP 11 001 modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK Page 10 of 11 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY By: Division Director (or Designee) Division of Recreation and Parks By: *Chairman or designee Title: Address: Bureau of Design and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Address: 3300 Santa Barbara Blvd. Naples,-FL 34116 Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on June 6, 2001 for use for one year. Grantee Attorney *If someone other than the Chairman signs the contract, a resolution, statement or other document authorizing that person to sign the contract on behalf of the county must accompany the contract. DEP 42-058 Revised 05-18-2001 Page 11 of 11 Attachment -1 SPECIAL AUDIT REQUIREMENTS The administration of funds awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the' Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED . This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXI4IBIT 1 tO this agreement indicates Federal funds awarded through the Department of Environmental Protection by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal funds received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph i., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must bd paid from recipient funds obtained from other than Federal entities). 4. The recipient may access informati6n regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. PART II: STATE FUNDED ] Agenda Item This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florila Stat~s~--'~ ~ SEP 1) Pg. / _ The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f'), OMB Circular A-133, as revised. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Mary Ann Lee Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Copies of reporting packages required by PART II of this a~eement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Mary Ann Lee Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Copies of reports or management letters required by PART III of this agreement shall be sub~I~ behalf of the recipient directly to the Department of Environmental Protection at each of the fol~)wing~4~ addresses: . 1. In the event that the recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. EXHIBIT 1 to this agreement indicates State funds awarded through the Department of Environmental Protection by this agreement. In determining the State awards expended in its fiscal year, the recipient shall consider all sources of State awards, including State funds received from the Department of Environmental Protection, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 4. For information regarding the Florida Single Audit Act, including the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the website for the Governor's Office located at http://sun6.dms.state.fl.us/fsaa/for assistance. In addition to the above website, the following websites may be accessed for information: legislature's Website http://www.le~.state.fl.us./., Governor's Website http://www.flgov.corr~._, Department of Banking and Finance's Website http://www.dbf, state.fl.us/aadir/FSAAIndex.html, and _the Auditor General's Website htrp:l/sun6.dms.state.fl.us/aud~en. PART III: OTHER AUDIT REQUIREMENTS (NOTE: Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State awards that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State agency must arrange for fi~nding the fidl cost of such additional audits. This part would be used to specify any additional audit requirements imposed by the State agency that are solely a matter of that State agency's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements).) PART IV: REPORT SUBMISSION ' 1. Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when'required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Mary A. Lee Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Mary Ann Lee Florida Department of Environmental Protection 3900 Commonwealth Blvd. Mail Station 585 Tallahassee, Florida 32399 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, as applicable. Recip. ients, when submitting audit reports to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, should indicate the date that the audit report was delivered to the recipient in correspondence accompanying the audit report. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of 3 years from the date the audit report is issued, and shall allow the Department of Environmental Protection or its designee, access to such records upon request. The recipient shall Ensure that audit working papers are made available to the Department of Environmental Protection or its designee, upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK EXECUTIVE SUMMARY APPROVE A PURCHASE AGREEMENT TO ALLOW FOR A WALKWAY, BIKE PATH AND GREEN SPACE TO BE CONSTRUCTED FOR RECREATIONAL PURPOSES. OBJECTIVE: Staff is requesting approval and execution of the attached Purchase Agreement with Betty L. Hutchison, to acquire a five (5) acre parcel (tax parcel 19), located in Section 34, Township 49, Range 26, for the purpose of a walkway, bike path and green space to be constructed for recreational purposes from the eastern boundary of the Heron Lake PUD (Forest Park) to the western boundary of the Golden Gate Commerce Park PUD along the south side of the SFWMD easement, parallel to the Golden Gate Canal. CONSIDERATION: Parks and Recreation has determined that eight (8) parcels are needed to construct a walkway and bike path that extends from the east side of the Heron Park PUD (Forest Park) along the south side of the SFWMD easement, parallel to the Golden Gate Canal, to the western boundary of the Golden Gate Commerce Park PUD. The project consists of six (6) easement parcels that are twenty feet in width and two five-acre parcels which are to be acquired in fee simple. Collier County has previously purchased the other five-acre parcel necessary for this project. Tax parcel 19, owned by Betty L. Hutchison, is a vacant parcel and has been determined by staff to be a favorable property for the intended purpose. The property was for sale by the owner prior to the time Collier County displayed an interest in the parcel. Kevin Hendricks, formerly the Collier County Right-of-Way Design and Valuation Coordinator, completed a land rights valuation, which supported the agreed upon price of $99,999.00 between Collier County and the owner. FISCAL IMPACT: The following are the costs associated with the purchase of the subject site: 1. Purchase Price · $99,999.00 2. Title Commitment/Policy and miscellaneous costs (recording, etc.): Not to exceed: $585.00 3. Market Valuation: Completed by Real Property Management Staff The above expenses are to be allocated from the Naples & Urban Collier County Community Parks Impact Fee Trust Account (Fund 368) under Project 00164 (Golden Gate Community Park). GROWTH MANAGEMENT IMPACT: Growth Management Plan. The construction of the walkway is consistent with the AGENDA ITEM _ SEP 11 2001 I EXECUTIVE SUMMARY Purchase Agreement With Betty Hutchison Page 2 RECOMMENDATION: Staff is recommending the Board of County Commissioners: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute the Agreement; 3. Waive the requirement for an appraisal pursuant to Florida Statute 125.355(b); 4. Direct staff to proceed to acquire the subject site and follow all appropriate closing procedures; 5. Accept for recording in the Public Records a Warranty Deed, and any documents necessary to clear title, once approved by the County Attorney's office; 6. Approve any and all necessary Budget Amendments to fund said purchase and related expenses. PREPARED BY: 0/':7°~ Hope Brack, Acquisition Specialist Real Property Management t ,,, . ~ .' ..,K'. REVIEWED By: ~'?~'~/ /~/' :-'~ ,~/Toni A. M~t, Supe~isor g Real PropeAy Management REVIEWED BY: , ~ ~ C~les ~. ~arrinCt~Jr.' ¢~A, Real Prope~y Management ~-,.., .: /' ,) '1','/f ~ /" "~ 4 ~ ,' ,',.'/, x x l: ,, REVIEWED BY: Mafia' R~msey, Director Parks & Recreation Leo E, Ochs, Jr., Administrator , Public Se~ices IDIrector DATE: (~-'¢i, 2[:, "'"~: / DATE: DATE: DATE: '," ,- ::,: /' DATE:,'; Agenda I t,e~l SEP 11 2001 PROJECT: PARCEL: FOLIO: Golden Gate Walkway/00164 603 00297200008 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between BETTY L. HUTCHISON, a single person (hereinafter referred to as the "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, (hereinafter referred to as the "Purchaser"); WHEREAS, the Purchaser requires a fee estate in that land (hereinafter referred to as the "Property") located in Collier County, State of Florida, and being more particularly described as follows, to wit: THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Owner desires to convey the Property to the Purchaser on the terms and conditions set forth herein; and WHEREAS, the Purchaser has agreed to compensate the Owner for conveyance of the Property. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser by Warranty Deed for the sum of Ninety-Nine Thousand Nine Hundred Ninety-Nine Dollars ($99,999.00). The Owner accepts the above payment as full compensation for the Property interests taken and for any damages resulting to the remainder, if less than the entire property was taken and for all other damages in connection with said Property, including any attorney fees and costs provided by Chapter 73, Florida Statutes. 2. Purchaser shall pay Owner for the Property by County Warrant (said transaction hereinafter referred to as the "Closing"). 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing and that, therefore, said closing shall occur within sixty (60) days of the execution of this Agreement by Purchaser. At closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the required conveyance documents to Purchaser in a form acceptable to Purchaser. Owner shall remove, within forty-five (45) days after closing, any and all property, goods and chattels which are located on the Property. Purchaser shall provide a list of items to be removed, if any, at closing. Owner shall indemnify and hold Purchaser harmless from any costs in connection with the relocation of the identified items. 4. Owner shall pay its pro-rata share of taxes, assessments, or other term expenses of the Property, if applicable, through the day before the closing. 6. Owner shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. The Owner will, if title is found unmarketable, use diligent effort to correct defect(s) in the title within the time provided therefor including the bringing of necessary st~'~_n ~lnlnlnlnlnlnlnlnl~ t e-'""~"'=~' ] SEP 11 2001 all documents to clear title to the Property shall be provided to Purchaser on or before the date of closing. 7. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the County; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the County, that the Owner has not received notice and othen/vise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive closing and is not deemed satisfied by conveyance of title. 8. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the County against and from, and to reimburse the County with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the County by reason or arising out of the breach of Owner's representation under Section 7. This provision shall survive closing and is not deemed satisfied by conveyance of title. 9. Conveyance of the Property, or any interest in the Property, by the Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and this written agreement, including all exhibits attached hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 11. The Purchaser shall pay for all costs of recording the conveyance documents. All other costs associated with this transaction including, but not limited to, transfer, documentary and intangible taxes, and costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the obtaining and recording of a Subordination, Consent & Joinder of Easement and/or Partial Release of the mortgage(s) recorded against the Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 12. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13. This Agreement is governed and construed in accordance with the laws of the State of Florida. 14. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both padies 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. Date Project/Acquisition Approved by BCC: AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: JAMES D. CARTER, Ph.D., Chairman AS TO OWNER: WITNESSES: (Fir. st Witness Signature) (Printed Nam_e) (Second Witness Signature) (Printed Name) BETTY-~'. HUTCHISON Address: 39704 Old Wheatland Road Waterford, VA 2'Z't-90 ~ ,~ ! Approved as to form and .~sufficiency.'~ / Ellen T. Chadwell Assistant County Attorney SEP 1 1 J]01 EXECUTIVE SUMMARY AWARD OF BID 01-3242 FOR THE CONSTRUCTION OF CONCESSIONS BUILDING AT TIGERTAIL BEACH Objective: To award Bid to Bradanna, Inc. as the lowest, qualified, responsive bidder for the construction of the Concessions Building at Tigertail Beach. Consideration: Bid 01-3242 was posted on July 6, 2001 with invitations to bid sent to 184 contractors. 7 contractors requested bids packages. Of the 7 contractors that requested bid packages, 3 bids were received as per the attached bid tabulation. Staff has reviewed the bids received, and has the chosen base bid and Alternate #1 as the award basis. The lowest bid was in the amount of $432,506 for the base bid and Alternate # 1. Based on original estimates provided by the architect, the apparent low bid exceeded the estimated amount, therefore as provided in Purchasing Policy Section VI D 2, the Purchasin~ General Services Director or his designee negotiated changes with the apparent lowest, qualified and responsive bidder to bring prices into budgeted limits. As a result of successful bid negotiations, Brandanna has agreed to lower his bid to $427,609 resulting in a savings of $4,897. Fiscal Impact: Funds are budgeted in FY 2002 in Tourist Development Fund, Tigertail Beach project(goc>~,¢~. Growth Management: The value of this facility will be inventoried in the Growth Management Plan. lecommendation: 3 lO8 to Bradanna, Inc. as low bidder in the amount of $427,609. Prepared by: {-,~-~'~..7 I~' J._ames Fitzek, Operations Manager Department of Parks and Recreation .-'? Reviewed and --"'1/;.. ,, [ r} , ~ ,,~1, t. 'i Approved by: /' , Mar/la Ramsey, Dire;to~' Department of Parks anffRe~eation That the Board of County Commissioners award the base bid and Alternate #1 of Bid 01- Date: ,, , Reviewed and ~~~x &-'~'. Approved by:. . Steve Carnell, Director Purchasing Department Reviewed ;;:d ~ ~;Lq~-~Approved Leo Ochs, Jr., Adn)ifiist~tor Division of Publi~ ~,r~ices Date: Date: Agenda Item SEP 1 1_Z001 EXECUTIVE SUMMARY APPROVE NAME CHANGE FOR 951 BOAT RAMP TO COLLIER BOULEVARD BOATING PARK Objective: Approve name change for 951 Boat Ramp to Collier Boulevard Boating Park. Consideration: Collier County Parks and Recreation manages the 951 Boat Ramp located on State Road 951 in Marco Island. The County recently changed the name of State Road 951 to Collier Boulevard. Collier County Parks and Recreation is recommending changing the name of the 951 Boat Ramp to Collier Boulevard Boating Park to be consistent with that change. Collier County Parks and Recreation believes the name change will provide the public with easier identification for locating the park. Fiscal Impact: There is no fiscal impact. Growth Management: There is no impact to the Growth Management Plan related to this action. Recommendation: That the Board of County Commissioners approve name change for 951 Boat Ramp to Collier Boulevard Boating Park. Prepared by: .~_o,].;,~' Debbie Roberts, Operation Coordinator Department of Parks and Recreation Reviewed and Approved by:, J Marla'l~an:tsey, Director Department of Parks and Recreation Reviewed and Approved by: Leo Ochs Jr., Public('S)t~_. Admin. Division of Public Sofvices Date: ~'-nO-CI Date: | I gend& Item p~ ~-~ EXECUTIVE SUMMARY RECOMMENDATION TO TRANSFER FUNDS FROM OPERATING EXPENSES TO PERSONAL SERVICES AND CREATE CORRESPONDING COUNTY POSITIONS OBJECTIVE: To enhance the ability of Collier County Domestic Animal Services in recruiting permanent veterinarian staff. CONSIDERATION: Several years ago, the Collier County Board of County Commissioners recognized the need to provide on-site medical care and pre-adoption spay/neuter of pets released from our County Shelter. The intent of the on-site veterinarian program was to reduce county costs associated with injured animals and to provide medical treatment of animals in the County Shelter. The Pre-adoption spay/neuter also prevents additional animal births that would contribute to our pet overpopulation problems. The sterilization of adopted animals is required by Florida State Statute. For over two years Animal Services has attempted to hire a veterinarian and staff. There are several factors contributing to our inability to hire veterinarian staff. Research indicates filling this type of veterinary position is difficult and not unique to Collier County. Collier County Domestic Animal Services currently offers a contractual labor position with no benefits. It has been impossible to attract and retain candidates in this field as a contractual employee. Veterinarian graduates are looking for a location in which they can practice under an experienced Veterinarian who can assist them in developing knowledge and skills. Animal Services currently has funds budgeted for veterinary staff. These funds are located in the Operating Budget under Contractual Services and can be used to fund employee positions if authorized without additional costs. FISCAL IMPACT: This proposal involves moving funds from the FY-02 General Fund Animal Services' Operating Budget into the FY-02 General Fund Animal Services' Personal Services Budget in the amount of $112,000. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. ~ --),~n~l,a ~:-e~"-~ I f I .SEP 1 1 001 RECOMMENDATION: Staff recommends the transfer of funds from the Animal Services' Operating Budget to the Animal Services' Personal Services Budget and requests authorization by the Board of Collier County Commissioners of the Veterinary Positions associated with these funds. The positions relating to these funds include a Veterinarian and two Veterinary Technicians. 5/~dajl~';Taltei's,~n, itmal Services Director / Le~. O-~h'~, Public S~ces Administrat{Jr EXECUTIVE SUMMARY. APPROVE COMMITTEE SHORTLIST SELECTION OF FIRMS FOR CONTRACT NEGOTIATION FOR CONSTRUCTION MANAGEMENT AT RISK SERVICES FOR NORTH NAPLES REGIONAL PARK (RFP #01-3189) OBJECTIVE: Obtain Board's approval of Committee's shortlist selection of firms for Construction Management at Risk Services, and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: On May 23, 2000 the Board approved a contract with Bellomo-Herbert for the design of the North Naples Regional Park. Since that time, the design and permitting of the park has steadily progressed to the point that a construction management firm's involvement is now required. Staff developed a request for proposal (RFP) based on the project's scope of work and publicly advertised the RFP on April 20, 2001. Notices were sent to 152 firms with 20 vendors requesting full packages. 10 responses were received by the due date of May 18, 2001. A Selection Committee meeting was held on August 2, 2001 and after review and discussion; by consensus of the members, the following three firms have been shortlisted: ~1. Kraft Construction 2. W.G. Mills 3. Heery International FISCAL IMPACT: There is none at this time. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's selection of firms. (2) Authorize staff to begin Contract negotiations with the top ranked firm. SEP 11 2001 Prepared by: Reviewed by: Reviewed by: Reviewed by: Debbie Roberts, Operations Cord. Parks and Recreation Department .Stev~ Ctametll, ~, ,lJtrector Purchasing/General Services Department ~Marla Ramsey, Director Parks and Recreation Department L~o Ochs Jr., Pubh'c/S~/s. Adrnin. Division of Pufilic' Services Date: Date: Date: Date: EXECUTIVE SUMMARY,, RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A GRANT AWARD AGREEMENT FOR $142,392 FROM THE FLORIDA DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, FOR THE PHASE I RESTORATION OF THE ROBERTS RANCH PIONEER MUSEUM IN IMMOKALEE; AUTHORIZE THE CHAIRMAN TO SIGN THE AGREEMENT; AND APPROVE THE NECESSARY BUDGET AMENDMENT. OBJECTIVE: That the Board of County Commissioners approve a grant award agreement for $142,392 from the Florida Department of State, Division of Historical Resources, for Phase I restoration of the Roberts Ranch in Immokalee. CONSIDERATION: On May 23, 2000 the Board of Collier Commissioners approved a grant application to the Florida Department of State, Division of Historical Resources, for Phase I restoration of the Roberts Ranch in Immokalee as a County-owned and operated museum. The grant was fonnally presented to the State Historic Preservation Advisory Council in Tallahassee in October 2000. The Council subsequently approved the request and recommended funding $142,392. The final appropriation was approved during the 2001 Florida Legislative Session. The County's match commitment totals S377,342. Since this is a Special Category grant, expenditures made during the preceding 5 year period are allowable for Local Cost Share purposes, and include $48,972 of in-kind past County expenditures for the project, S 192,000 of in-kind Roberts family donations of land and S20,427 in cash donations from the Immokalee community. The remaining required County match, which is included in the current FY 01 and proposed FY 02 budgets, includes S77,400 in expenditures for actual preservation work and S38,543 in staff time. FISCAL IMPACT: Historic Preservation Grant funding from the Florida Department of State in the amount of 5142,392 will be recognized as revenue in Fund 198 for the purpose of restoration work at the Roberts Ranch site in Immokalee. Local cost share funds have previously been provided in the amount of $261,399, with the remaining required county match totaling $115,943 included in Museum Fund (198) current FY 01 and proposed FY 02 budgets. GROWTH MANAGEMENT IMPACT: There is no groxvth managen~ent impact associated xvith this grant award. RECOMMENDATION: award for S 142,392 from the Florida Department of State, Division of Historical Resources, for Phase I restoration of Roberts Ranch; authorize the Chairman to sig agreetment and approve the necessary budget amendment recognizing grant revenu authorizing expenditure of such. That the Board of County Commissioners approve the grant AGEND A~tTF,M the No.~ and SEP 2I] 1t SUBMITTED BY: ~ APPROVED BY: Date: ~.z?.o / . .Ron Jallq!0, Museum Director , L~o Ochs, Jr., ~?~lJ6 Services Administrator RISTORICAL RESOURCES GRANTS-I~I-A.D) APPLICATION 1) PROJECT TITLE: Roberts Ranch 2) APPLICANT: _Collier County Govemment~ Collier County Public Services Division 3) AMOU'NT REQUESTED: $ 142,39~2 /VIATCI:t/LOCAL COST SHARE AMOUNT $~124~976 4) PROJECT TYPE (CI:tECK ONE PLEASE~ x SPECIAL CATEGORY; ACQUISITION & DEVELOPMENT; SURVEY & PLANNING; ,..COMMUNITY EDUCATION; . CLG MAIN STREET; .NON-MATCHING; ,.MUSEUM GENERAL OPERATING SUPPORT; MUSEUM EXHIBIT: ~ MARKER 5) TY?E OF A~PLICAJ.NT: ~NON.PROFIT ORGANIZATION; x.E_GOVERNMENTAL AGENCY; ~ FOR-PROFIT ORGANIZATION 6) In the space provided below, briefly describe the project and the property or properties for which funding is requested: do not a~ach additional sheets. The project will establish the stabilization and rel~abilitation of 12 buildings and 4 site features original to Roberts Ranch (l 914- 1980) for use as a riving history museum located on 15.2 acres in Immokalee, FL. Plans are to stabilize and rehabilitate the site as quickly as possible to preserve the rapidly-deteriorating buildings and have the museum open to the public by 2005. The architectural fu-m of Barany, Schraitt, Summers and Weaver has been chosen to prepare site plans, master plan, design and construction documenu for the rehabilitation of the buildings and features. Phase two will be the selection of a contractor for the rehabilitation work. The thixd and final phase will be the construction work necessary to complete the plan described in the construction documents. All phases will be overseen by Collier County Museum professionals experienced in historic preservation projects. The implementation of the Master Plan includes stabilizing, restoring or repairing structures, recommendations for historical research, and recommendations for archaeological investigation of the site. Upon completion of the final phase, the buildings and site features will be restored to their respective periods. The Ranch and its grounds will be used as a living ki~tory museum. All work will be consistent with the Secretary of Interior's Standards for Rehabilitation azd guidelines for Rehabilitating Historic Buildings. Roberts Ranch is one of Collier County's premier historical resources and one of Florida's best and last examples of an authenti turn-of-the-century cattle ranch, grove and pioneer homestead. The buildings and features have survived remarkably intact and are ideally suited to restoration and re-use as a living history museum. The physical relationships among and between the buildings and site features give clues to everyday life and work on the Ranch. The pioneer settlement of southwest Florida is inextricably linked to the economies of cattle ranching and farming. Tkis somewhat difficult terrain was seen by the early twentieth century set~lers as a new frontier on which to raise free-ranging cat~le and develop arable land for vegetable and citrus farming. These industries rema~a crucial to ',.he economy of Florida today. As a member of the Collier County system of museums, Roberts Ranch will play a crucial role in representing all facets of the County's history (see Exhibit 1). It is owned by Collier County Government and maintained by Collier County Facilities and the Collier County Museum. Museum staff and department resources will be available throughout the project. The museum will be staffed and operated by the County Museum with volunteer assistance from the Friends of the Museums, the local citizens support organization. Museum staff is currently working on a proposal to place the Ranch on the National Register of Historic Places. 7) Provide a 3x5 photograph of the principal view of the property. 8) PR...__QgECT INFORMATION: · STREET ADDRESS: Roberts Avenue and SR 29 .Immokalee, FL 34142 COUNTY WHERE PROJECT IS LOCATED: Collier CONLMUN1TY POPULATION .1.9,342 COUNTY POPULATION 198,093 9) APPLICANT DIFORMATION: ORGANIZATION NAME: Collier County Government, Collier County Museum, Collier County Public Services Division ADDRESS: 3301 Tamiami Trail East CITY: Naples STATE: FL ZIP 34112 APPLICANT'S FEDERAL EMPLOYER I])ENTIFICATION NO: 59- 6000558 SA~.'v~4.S NO.: (STATE AGENCIES ON'LY) __ _ - - __ __ 00100000 CONTACT PERSON: Ron hrrtro DAY'rD~IE TELEPHONE NO: (.941) 774-8476 EXT. FAX NTTMBER:.(941)-774-8580 10) State House Of Representatives District Number And Name Of Representative For Project Location. DISTRICT N'UMBER(S): 77 KEPRESENTATIVE: Joe Spratt State Senate District Number And State Senator For The Project Location: DISTRICT N'b~IBER(S): 29 SENATOR: Steven Geller Congressional District Number And Name Of U.S. Congressional Representative For The Project Location DISTRICT N'I~IBER(S):. 14 CONGRESSMAN: Por~er Goss 11) APPLICANT'S GRANT HISTORY: Has the applicant received previous grant assistance from the Depar'a'nent of State? [£yes, specif': the year, the project name, the Division which awarded the grant kd the amount of the award. YEAR DI¥ISION PROJECT NAME AWAR_ tgs5 Archives, History & Records Management Historical Site Survey, Collier Cou,",t? S3,5¢0 1996 Department of State, Historic Resources Museum of the EvergIades 5360,90" 2000 Department of State, Historic Resources Robeas Ranch S20,O 12) INDICATE EACH TYPE OF H[STORICAL DESIGNATION CUSCKENTLY HELD BY THE PROJECT SITE: Individual National Register Listing; ~ National Register District - Con~buting Site; x Individaal Local Designation; ~ Local District Designation - Contributing Site; None O~'Tae Above 13) INDICATE THE LEVEL(S) OF LOCAL PROTECTION CU~R.RENTLY AFFORDED THE SITE/AREA: Local Ordinance ~ Local Ordin~ce Design Review Covenant ~ Maintenance Agreement ~ Other: (Specify) Preservation Or Conse~ation Easement x Prote::i 14) Provide a brief explanation of immediate threats to the site or area such a.s proposed demolition, extensive structural damage, on-going site disturbance for archaeological sites, plan.ned re-zoning, etc. Roberts' Ranch recently survived the threat of modern development due to the Rober~ heirs' stewardship and the generosity of the family and Collier County. The family's donation of 6.4 acres in 1996 (=act E) and the County's pm'chase of 8.8 acres in 1999 D) have made the land available as a museum. Threats to the buildings include insect and anS. mal damage, leaks and wood rot due t roof failure, structural loss due to failed or non-existent concrete footings, overgrowth of vegetation on buildings and features, mol Lncursions in the main house and on its contenu, and the presence of flammable materials. Vandalism played a part in some of the destruction oft,he property, including the partial loss of the bunkhouse, burned by a lighted cigarene onto the dry grass· It has beer mitigated by the installation o£chain link fencing and a security system, but it continues as a tim'eat, neverO, eless. The accelerated of deterioration is evidenced by examples such as the collapse from 1993 to 1999 of the cane barn (.just a roof on the ground) and leaking roof of the main house. · 15) Indicate the level(s) of Prolect Activities completed to date: 'Ar~bRec~rsl: Feasibility study;, Schematics; Design Development; Conslruction documents.; . Other, ~ None Preservation Planning: Design Guidelines; __ Preservation Ordinance; m Preservation Element; x.__~er:. None Archaeological Excavation: __ Research Design; m Excavation; Analysis, Cwahon, Conservation; __ Other;, ~ None Museum Exhibit: __~esearch; Script; jArtifact Selection; Design; Fabrication; __ O~er, . None If other, describe: Preliminary Master Plan and Assessment for Structures, Tract D, 7/93 (superseded by County's purchase of site') '16) Proiect timeline: on .Kraph below indicate all the maior elements of the pmiect and the amount of time required to complete each item: " 'A'CTPeP/?: ........................... h. x x Documentation of Existin~ Conditions x x x Design X X X (Sp~ciaI Cale~Or~ P~.[ek~' Only) C. x Construction Documents D. x x Contractor Selection E. x x x x x x x x x x Construction F x x x x x x x x x x Construc. G. Describe the major elements, of the project and indicate the entities (i.e. Consultant, in-house, volunteers) responsible for each element. A,B,C)Documentation of existing conditions, desi~ and construction documents D) Conwactor selection E) Construction F) Construction administration A-F) Grant ~.minis~'ation Barany, Schmim, Summers & Weaver Collier County Staff and BSS&W Conwactor Collier CounT Staff, BSS&W Collier Count Staff 18) What is the anticipated annual Cost Of Maintenance of the H~storic Property, Archaeological Site, or Museum Exhibit upon completion of t~z project; a,'~d what is the source of the ~ndin~? Cost of ma~tenance upon completion of ~e project is $22,600: Electricity $3,600 Ma~tenance Equipment & Supplies $ I 1,000 Water & Sewer 1500 Mov.'ing 4,000 Security System 1,000 Fuel & Lubricants 1,500 Funding is expected to come from Collier County Government General Fund and Tourist Development tax revenues. 19) Provide a brief description of the Educational Benefits this project will have on the local commumt7 and the state. Please enter the current anticipated annual visitation in space provided below. Roberts Ranch will be developed and designed to acquaint and educate the public, both residents and visitors, to Immokalee's settlement, 1873) rich farming and ranching past. Roberts' Ranch, an outdoor classroom, will enrich the school classroom experier by presenting a wide variety of educational programs designed to complement and expand on elementary and secondary sc~,ool cur~cula. Site tours, lectures, e~ibits and living history programs will accommodate a large, culturally diverse audience by usS.rig object-based, hands-on approach. The museum will be available to the 31,000 Collier County students. Annual field trips for the 5,000 fourth and fifth grade students studying Florida history and for the ease student body of [mmokalee schools (4,449) are expected. Currently, Immokalee students must t~avel 45 miles to the nearest cultural institution. The museum will have an Lmpom role in teaching about lmmokalee's past and relevance to its present and future, as farming continues to be an economic factor i~ ff. commu~ty. The museum will develop adult tours that include tours in other languages, such as Spanish, German a_nd French; a sensory tour for the blind that incIudes handling certain reproduction materials and a "acent" tour; and tou~s in American Sign Language. An orientation video will be shown in the Visitor Center. In April 2000, 400 Immokalee students were. brought to the for "pioneer days" to see farm animals and demonstrations of traditional, pioneer activities. Annual Visitation 25.000 ~0) Provide a brief explanation indicating the direct impact of this project on minorities ~ad the disabled. L~clude any alterations to the site will ma]ce t~e site more acce~s~le to t~e public. Irnmokalee is a diverse comrntlzlity that includes Hispanlcs (79.3%), Blacks (6.7%), Native Americans (less than 3%) and Caucasia (6.7%). The region has been a farming community since 1873, with the Roberts family and Ranch playihg major roles in the prosperity and development of the city. Modem residents will be given the opportunity to study the ways ora pioneer ranch, comparing slmilarities and differences in methods. Further, community pride will be bolstered through the recognition of the importance of faxming and ranching to Florida's history and economy. School programs held at the Ranch will serve all studer. the high concentration of Hispanics in the region (Hispanics in Immokalee account for 43% of all Hispanics in ColLier County.) Tc in Spanish will be developed. Every attempt will be made to make the 1L~ch grounds and buildings as universally access~le as is reasonably possible while maintaining the historic integrity of the site. Plans include a video to be shown in the Visitor Center of entire site and of those areas that are inaccessible; tours designed for the blind; and tours given in American Sign Langi~age. '2 [) Provide a brief explanation of the Direct Economic Impact this project will have on the surrounding community, lnck~de any inforrnation~ regarding number of jobs it will provide, if known. Immokalee has recently receNed new financial incentives geared to stimulating its economy. The museum project will be a major partner in ventures that include the Immokalee Regional Airport Industrial Park and Foreign Trade Zone, Seminole Gambling Cas:. Immokalee Drag Strip, the restoration of Lake Trafford and Main Street Program. An Enterprise Zone, the Federal government granted the area 52.5 million dollars for housing, job Ixainlng and other economic incentives. The Ranch will play an important p~ the City's plans to strengthen economic growth in the quickly-growing business of eeo-heritage tourism, spurred by funding to cle up Lake Trafford for ecologically based pursuits and the success of Corkscrew Swamp Sanctuary (100,000 visitors per year). Rob~ Ranch would work with other businesses in town to bring more visitors to the area, locally, nationally and internationally. Roberts Ranch will be active in the local Chamber of Commerce and state tourism group, Visit Florida. 2-~) FOR ALL ACQUISITION & DEVELOPblENT/SPECI.-LL CATEGORY PROJECTS: Provide The Dates Of Original Construction: 1914-1965 And The Florida Master Site File Nu'mber: 8 CR 639 All Major Alterations: 1924, Main House built, 1960's Main House inte,'5. .(A~ach copy oft.he Site File Form ~ Attachment 51) Original Use: Cat~le Ranch & Homestead Current Use: Vacant Proposed Use: Museum Roberts Ranch is important as one of the oldest remaining intact ca~le ranches in the state. Retaining all of its historic character, t Ranch Tans most ofit~ original buildings in their original locations, seen against the backdrop of'one of'be oldest orange groves iz Collier County. The Ranch embodies the pioneer tenacity that was essential to success on the Florida frontier. The Roberts far-" came to Immokalee in 1914 from Ona, Florida. Their ranch, "Red Cat~le Company," was in continuous operation from 1914 t. 1977. Robert Roberts, Jr. (I.$$4-1963) was prominent in the community, founding the First Baptist Churzh in 1916, the Masonic 1 in 1954 (he donated land for both buildings) and the f~st post office. He was one of the first Cow,missioners of newly established Collier County, in 1923. For Acquisition projects, provide the Full Purchase Amount S and the acreage of tEe prop. eay to ~e acq=ired The maximum grant share for an acquisition project shall uot exceed 50% of the value of the properv,' as determined by the appraiial; average of two appraisals, if bvo were obtained; or the average of the closest t~o appraisals, if more t~an r,.,o ~,ere obtained; or 50% of purchase amount, whichever is less. 23) FOR ALL SL"'RV'EY & PL.&N.'NING GRANTS: For Su r-,'evs., indicate the types of historical resources to be surveyed. LIST ANY PREVIOUS SURVEYS IN THE PROPOSED AREA. PrelLmi. naO' Master Plan and Assessment for Struct,ares, Tract D, 7/93 Indicate the ~ticlpated Number of New Sites to be recorded none ant c paled, the anticipat~ Number of Florida Site File Form Update~ and the Acreage to be covered in the survey area 152 For National Reg, ister Nominations, indicate the number of anticipated Indi,,idual Nominations. Will a multiple property cover nomination be produced? __ yes, x no District Nomination~..~ · 24) FOR ALL COMMUNITY EDUCATION PROJECTS: 'For Audio-Visual Productlon$~ Books~ Pamphlets~ Walking Tour Brochures, etc., Explain how the product will be Marketed and/or Distributed. How many minutes/pages is the product? How many copies of the product will be produced? If the printed/media materials are proposed for distribution, will there be a per item charge? __ yes __ no. If yes, provide the estimated charge. For Educational Materials, is the local school system actively involved in your project? __ yes no. If yes, describe their participation to date and anticipated participation in this project. Do you intend to integrate your project into the Florida Heritage Education Program? __ yes __ no. For Historic Markers, include Form No. H. R3EI71294 from the Bureau of Historic Preservation as Attachment L. 25) FOR ALL MUSEU3I EXttlBITS PROJECTS (Including Special Category Museum Projects): Explain the Historical Theme for the Museum Exhibit and why it is important to Florida history. Roberts' Ranch is important as one of the oldest remaining intact cattle ranches in the state. The entire 15.2 acre site of the original 6 acres will be interpreted as the museum. The educational mission of the museum is to teach early Florida history via the Ranch site, the Roberts family history and any new in. formation discovered through subsequent archaeological or archival means. SLxteen buildings and site features, orange groves and grassy fields make up the museum. All structures will be interpreted to their respectiv: periods and original use. All relevant and period contents in exhibitable condition will receive minimal treatment and be placed on display. Buildings such as the main house (3,060 s.f.), bunkhouse (744 $.f.), and garage (450 s.f.) will be open to the public. Buildings, such as the maid's house (120 s.f.), outhouse (16 s.f.) and smokehouse (192 s.f.) wilt be opened for view, but not entry, d,. to their size. The main house, a two-story wood-flame construction, built in 1926 is furnished with original contents that include family photographs and Mr. Roberts' business files. The intact quality of the site allows for ease in its interpretation. Visitors, few of whom have ever seen a btmkhouse, sugarcane vat c stand-alone kitchen, will be able to truly experience the nature of life on an early Florida ranch. An orientation video at the Visitor Center v,'ilt "set the stage" for the self-guided tour. An information brochure and location signs will aid the visitor through the site. Specially designed tours for school groups, the blind and deaf wilt also be made available. Volunteer docents and staff will be available to answer questions. What is the square footage of the museum exhibit? 15.2 acres. sc,. LSEP 11 2001 ~) Ap@Uc~nt cerfific~fio.: '~s cc~ficatio~ must ~ sig~cd ~y ~c duly authodzcd ~cprcscn~dvc of~c applican organ~zatio~ o~ agcncy ~['o~c bbc applicatio~ w~ll bc consMc~cd for fu~d~g ~ss~st,~cc. !cmify ~at thc ~£o~nation contained ~n ins application ~s truc ~d co~*cct to thc ~st of my ~oMcdgc, a~d t~t ~ am the duly authorized representative of the applicant. Name (type or print) Rea Jamro Agency ororganizyk~ Collier County Museum Title Museum Dtrector Signature ~~_~,-----~-~ Date ~.~' ~0'0~ 33) Owner concurrence: If the applicant does not own the property, the owner of record must sign the following statement indicating concurrence with the proposed project and this application for grant assistance. I, the undersigned, am the owner of the property identified under item 8) Prefect Information on Page Two of this application and hereby acknowledge my support for and full concurrence with this application. Name (print or type) Signature Date Address City State Zip Daytime telephone , FAX Number 34) Agreement to Execute Restrictive Covenant (SPECIAL CATEGORY & ACQL1SIIION PROJECTS ONLY): ~ "-" For projects involving historic properties and those involving archaeological sites which ,,,,'ill be maintained subsequent to the completion of the project, the owner, long-term lessee or other responsible party must sign the following statement indicating agreement to execute a 10 year restr/ctive covenant to run with the property deed, ' = should a grant award be made. ~ I, the undersigned, am the duly authorized representative of the X owner, long-term lessee, or other organization or ~agency having responsibility for maintenance of the property id~nii~fied under item 8) Prefect [n£orm-~ton on Page Two of this ~, ,~ ~ ~_napplication subsequent to completion of the project for which funding is requested. I hereby inciicate agreement to execute a ~ ~restrictive covenant through which the organization or agency I represent will commit to maintenance of the referenced proper- .. in accordance with good preservation practice and the applicable standards and guidelines of the Secretary' o f the Interior for a ? period of ten years. I further agree that the organization or agency will not make any modifications to the property (other than routine repairs and maintenance) without review of the plans and specifications by the Bureau of Historic Preservation and tha' every effort will be made to design any modifications in a manner consistent with the applicable standards and guidelines of ti', 'i Secretary.. of the Interior~ ~ " lq;~u'ne ~rint or type) Cons tanttne Title Chairman, BCC /v/.x S'igna. t;iri. ' .-'z ,-."'. d/7'- ( Date // , 'Avdd~ss 330 l(_~£amt Tra~Eas t~ ::. City Naples State FL Daytime telephone (941) 774-8097 ~:,proved as to form & legcfl sufficiency County Attorney FAX Number (941) Zip_ 34112 77~ ATTACHNFENT A U.S. DEPARTMENT OF THE INTE~OR NATIONAL PARK SERVICE CIVIL RIGHTS ASSURANCE OF COMPLIANCE Collier County Museum (hereinafter calied "Applicant-Recipient") hereby agrees that it will comply w Title VI of the Civil Rights Act of 1964 (P.L. 88-3:52) and all requkements imposed by or pursuant to the Department of the Intedo: Regulations (43 CFP, 17) issued pursuant to that title, to the end that, in accordance with Title VI of the Act and the Regulations, nc person in the United States shall, on the grounds of race, color, or national origtn be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives fmancial assistance from the Florida Deparunent of State and hereby gives assurance that it will immediately take any measures to effectuate tl'ds agreement. The Applicant-Recipient also agrees to comply with Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act 1975 and all requh'ements hnposed by or pursuant to the Department of the Interior Regulations (4'3 CFR 17) issued pursuant to the titles, to the end that, no person in the United States shall, on the grounds of disability or age be excluded from participation in, be den[ed the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance from the National Park Service and hereby gives assurance that it will hnmediately take any measures effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal fmancial assistance extended to the Applic: Recipient by the Florida Department o[: State, this assurance obligates the Applicant-Recipient, or in the case of any transfer of suc! property, any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided, this assurance obligates the Applicant-Recipient for the period during which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant-Recipient the period during which the Federal fmancial assistance is extended to it by the Florida Department of State. This assurance is given in consideration of and for the purpose of obtaining any and ail Federal grants, loans, contracts, property discounts or other Federal fmancial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office, including installment payments after such date on account of arrangements for Federal f'mancial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal f'mancial assistance will be extended in relianc the representations and agreements made in this assurance, and that the United States shall resep,'e the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant-Recipient, its successors, transferees, and assignees, ar,. the person or persons whose signature appear below are authorized to sign this assurance on behalf of the Applicant-Recipient. tlDated Chairman APPLICANT-RECI. PIENT'S MAILING ADDRESS Al-TEST: ' .:'.' DWIGHT'-E~'BROCK, CL[I~ Collier County Museum 3301Tamtamt Trail East Naples, FL 34112 Attest as to Chalr~jn's $1~ature only, EXECUTIVE SUMMARY APPROVAL OF THE GRANT AGREEMENT ACCEPTING A PUBLIC LIBRARY CONSTRUCTION GRANT TO ENLARGE THE IMMOKALEE BRANCH LIBRARY, OBJECTIVE: Obtain signature of the Chairman of the BCC on the attached grant agreement that provides a $340,O00Public Library Construction Grant from the Florida Department of State, Division of Library and Information Services, to enlarge the Immokalee Branch Library. CONSIDERATIONS: The BCC approved the application of Collier County Public Library for a Public Library Construction Grant to enlarge the Immokalee l~ranch Library at their March 28, 2000meeting, Item Number 16.C. 1. The Library received notification of the approval of this grant application on July 27. In order to start work on the project, the signature of the BCCChairman is required. FISCAL IMPACT: The grant requires local matching funds equal to the amount of the grant. Local matching funds totaling S340,000have been budgeted in the Library Impact Fees Fund (355) for fiscal ),ear 2002. Office of bIanagement and Budget has verified that the matching funds are available. The [:riends of the Library have also agreed to provide additional funds for furnishings and will assist with fund raising in Immokalee topurchase equipment beyond the scope of the construction project. GROWTH MANAGEMENT IMPACT: Construction of additional space in lmmokalee will help meet the minimum floor space standard of .33 square feet per person, established by the Growth blanagement Plan. Currently the Library has 86,548 square feet of library space, which is slightly less than the growth management standard. The Library is, however, in the process of planning the New Ileadquarters facility on Airport-Pulling Road. \Vith this addition of 42,000square feet and the addition of 3,000 square feet tothe Immokalee Branch, the Library would meet growth management standards at least until Fiscal 2007, when construction could begin on a south regional library. RECOMMENDATION: agreement and authorize the Chairman to sign it. / Maril~n Ma~s, Assistant Director John ~1' ~ones, L~ry Director Staff recommends that the Board approve the grant ~GENDA ITEM SEP 11 DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of thc .C~retary, Office of International Relations ,~vu;ion of Elections Division of L~bra~ a~d Intonation ~'ic~ FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF LIBRARY AND INFORMATION SERVICES MEMBER OF THE FLORIDA CABINET State ~oard of Education Trustees of the Internal improvement Trust Fund Administration Commission Honda Land and Water Adlud<atory Commission Siting Board Oivision of Bond Finance Department of Revenue Department of Law Enforcement Department of Highway ~afety and Motor Vehicle~ Department of Veterans' Affairs July 20, 2001 Ms. Marilyn Matthes, Project Manager Collier County Public Library 650 Central Ave. Naples, FL 34102 Subject: Project: Public Library Construction Grant Awards - FY2001-2002 Immokalee Branch Library Dear Ms. Matthes: The Division of Library and Information Services has been advised of a State General Revenue appropriation for Public Library Construction Grants for FY2001-2002. I am pleased to advise you that the project identified above was funded. The Public Library Construction Grant Information sheet contains important information that you need to know about your grant. Also, check for any grant requirements that may be included under "Terms and Conditions" on the Notification of Grant Award. If you have any questions, please contact Bob Gorin in the State and Federal Grants Office for assistance if you have any questions or need more information. Sincerely, ~rratt Wilkins State Librarian BW/md cc: John Jones, Director Enclosures CI STATE LIBRARY OF FLORIDA R.A. Gray Building · Tallahassee, Florida 3239%0250 · (850) FAX: (850) 488-2746 · TDD: (850) 922-4085 ° http://www.dos.st.~ C1 LEGISLATIVE LIBRARY SERVICE O RECORDS MANAGEMENT SERVICES (850) 488-2812 · FAX: (850) 488-9879 (850) 487-2180 · FAX: (850) 488-1388 4GEh,IDA ITEM SEP 11 '-2651 :e.fl.uso.-- ~:I~-FLO R,ID A,-g'I:.A,T E,A RG } IVES 850) 487-2073 · FAX: (850) 488-4894 PUBLIC LIBRARY CONSTRUCTION GRANTS NOTIFICATION OF GRANT AWARD Fiscal Year 2001-2002 Recipient: Collier County Public Library 650 Central Ave. Naples, FL 34102 Project Start Date: Upon execution of grant agreement PROJECT Immokalee Branch Library PROJECT # CSFA # AWARD 02-PLC-02 45.020 $340,000 TERMS AND CONDITIONS: · The project may not begin before the grant agreement has been executed. · The final plans and specifications must be approved by the Division before the project is placed out on bid. · A contract for the construction must be awarded within 540 days from the date of the execution of the grant agreement. ~arratt"~VVilkin s State Librarian ~.;~ / Date '~GENDA ITEM : __ Florida Department of State, State Library of Florida ':.%. 3 R.A. Gray Building, Tallahassee, Florida 32399-0250, (850) 245-6600, SUNC0~.205'26600 Florida Department of State Division of Library and Information Services PUBLIC LIBRARY CONSTRUCTION GRANT INFORMATION GET YOUR PROJECT STARTED Sign the Grant Agreement. You have received two copies of the agreement for each project. ~ Get the original signature of an authorized official on each copy. [3 Get original signatures of two witnesses to the signature of the authorized official on each copy. Do not insert a date on the copies. The date will be added at the State Library. [] Return both copies of the agreement to the State and Federal Grants Office. One copy of the agreement will be returned to you after it has been dated and signed (executed). r~ Once the agreement has been executed, a contract for the construction must be awarded within 540 days from the date of the execution of the grant agreement. OTHER IMPORTANT INFORMATION Grant Award Notification. The grant award information should be kept in your official project files. This information is provided in the letter from the State Librarian and on the Notification of Grant Award. Grant Payments. Grant funds will be paid in no more than four payments on a reimbursement basis. [] The first payment of 30% of the grant award will be made upon 30% completion of construction and after receipt and approval of required documents. [] The second payment of 30% of the grant award will be made upon 60% completion of construction and after receipt and approval of required documents., [] The third payment of 30% of the grant award will be made upon 100% completion of construction and after receipt and approval of required documents. r~ The fourth (final) payment of 10% of the grant award will be made upon successful completion of the construction project and after receipt and approval of required documents. The payments will be sent electronically. r~ If your governing agency has already completed the "State of Florida Electronic Payment Authorization" form and opted to receive payments electronically, then your Public Library Construction award payments will be electronically transmitted to you. You will receive notification of electronic payment transmittal from the State Library. [] If your governing agency is not yet set up to receive payments electronically from the state and wishes to do so, please complete and submit the enclosed "State of Florida Electronic Payment Authorization" form. Otherwise, your grant checks will be mailed to you. Questions? Need more information? Contact the State and Federal Grants Office, State Librar 500 South Bronough Street, Tallahassee, FL 32399-0250 at (850) 245-6600, SUNCOM 205- fax (850) 488-2746: or e-mail bgorin~_,mail, dos.state, fl. us. aGENDA ITEM of Florida, PROJECT NUMBER: og-PLC-o~ FLORiDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES PUBLIC LIBRARY CONSTRUCTION GRANT AGREEMENT This AGREEMENT, executed and entered into , BETWEEN the State of Florida, Department of State, Division of Library and Information Services, hereinafter Referred to as the DIVISION, and Collier County Board of County Commissioners, hereinafter referred to as the GRANTEE. the PROJECT: [mmokalee Branch Library the GRANT AMOUNT: Three hundred forty thousand dollars (8340,000) Unless there is a change ofaddress, any notice required by this agreement shall be delivered to the Division of Library and Information Services, ,500 South Bronough Street, Tallahassee, Florida $9599-0c2,5o, for the State, and to Collier County Public Library, 850 Central Ave., Naples, FL, ~4-10~, for the GRANTEE. In tile event ora change of address, it is the obligation of the moving party to noti~, the other part)' in writing of the change of address. Tile DIVISION, as administrator of state funds provided under Section e.57.19 i, Florida Statutes, has approved an application for public library construction funds submitted by the GI~,-\NTEE, which application is by reference herein made a part of this agreement. The GRANTEE, acting under the authority vested in it for the establishment and maintenance ora free public library, has applied for construction funds. The DIVISION and the GRANTEE are ~ illing to cooperate for the implementation of a public library construction project. The parties hereto a=m-ee as follows: I. The GRANTEE agrees: A. To provide sufficient, eligible and unencumbered fimds to be used for public library construction. To provide an approved site and building plans and specifications prepared by a licensed architect. Submit the final drawings and specifications to the DIVISION for review prior to the award of a construction contract. Award a construction contract within 5-t-0 days from the date of the grant award. To provide and maintain competent and adequate engSneering or architectural super~'ision and inspection at the construction site to ensure that the completed work conforms with the approved plans and specifications and will furnish progress reports and such other information as may be required by the DIVISION. To expend all grant funds received under this agreement solely for the purposes tbr which they were authorized and appropriated. Expenditures from grant funds shall not be made for general operating expenses such as salaries, travel, personnel, or office supplies. Grant funds will not be used lobbying the Legislature, the judicial branch or any state agency. To submit changes in the construction contract to the DIVISION fbr approval if they: 1. alter the approved building floor space or space relationships; ~2. alter the approved function or services of any part ora facility; S. change the location, size, or quantity ofany approved fixed equipment; 1.. transtbr funds from the approved equipment budget to the construction budget, or vice}'ersa; ~GEND~ITEM `5. affect design life safety features of the facility or requirements for elimination oflarchiteL'tura~, ,~, ~,, barriers fbr tile handicapped Page 1 ot'5 SEPll 2001 Pg._ ,~ To include in the construction contract provisions for a Performance and Payment Bond and other financial assurances as to the contractor's ability to comply with said contract provisions, pursuant to Section e55.05, Flon'da Statutes. To establish and maintain a proper accounting system in accordance with generally accepted accounting principles. To provide the DIVISION, through any authorized representative, access to the site and access to and the right to examine all records, books, papers, or other documents related to the PROJECT. To notify the DIVISION of the date and time of final inspection in order to afford DIVISION participation in such inspection for purpose of concurring in the final acceptance of the building. To provide, without discrimination, Free use of the library services to all residents of the area served That it will not discriminate against any employee employed in the performance of this agreement, or a~inst any applicant for employment because of race, creed, color, handicap, national origin, or sex. The GtL&NTEE shall insert a similar provision in all subcontracts for services by this agreement. To comply with the Executive Order 11988, Flood Plain Management. To comply with the provisions of Section 2.57.191, Flon'da Statutes, and the regulations implementing the law, including Sections $$$.501-$55.5 15, Flon'da Statutes, relating to accessibility by persons with disabilities, and the Americans with Disabilities Act of 1990. To the use of the building exclusively for the public library purposes for Milch constructed or altered. A change in its use must be approved by the DIV1S[ON In the event that the GFL&NTEE expends a total amount of State awards (i.e., State financial assistance provided to the GFL&NTEE to carry out a State project) equal to or in excess of $$00,00o in any fiscal year of such GIL&NTEE, the GI:L&NTEE must have a State single or project-specific audit for such fiscal year in accordance with Section e13.97, Flor2'~ Statutes, applicable rules of the Executive Office of tile Governor and the Comptroller. and Chapter lO.5.50, Rules of the Auditor General. In determining the State awards expended in its tiscal year. the GRANTEE shall consider all sources of State awards, including State funds received from the DIVISION, except that State awards received by a nonstate entity for Federal program matching requiring shall be excluded from consideration. In connection with the audit requirements addressed in the paragraph above, the GIL&NTEE shall ensure that the audit complies with the requirements of Section e i&97('7), Florida Statutes. This includes submission of a reporting package as defined by Section o1&~7(7)(t), F!o~qda Statutes, and Chapter 10.5.5o, Rules of the Auditor General. If the GFLhNTEE expends less than $~00,000 in State awards in its fiscal year, an audit conducted itl accordance with the provisions of Section e 1.5.~7, Flon'da Statutes, is not required In the event that the GFL-XNTEE expends less than SS00,0oo in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section e 15.97, F[ori(la Statutes, the cost of the audit must be paid from non-State fimds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). II. The DIVISION agrees to: A. Provide funds, in accordance with the terms of this agreement and to the extent that the approprmd~, .... ~ ,~4Et'qD~ ITEM for this project is released to the DIVISION tbr tile PROJECT. Sbotdd the GIL-\NTEE tan ~to expentr- ' Page SEP 1 1 2001 the amount oflocal fimds certified in the application, the DIVISION will match the local hands on a dollar for dollar basis to a maximum of the g'rant award. Make payments according to the schedule contained in the Library Constrtiction Guidelines and Application packet, subject to any special conditions stipulated by the Office of the Comptroller, State of Florida. C. Conduct a periodic check of the PROJECT, including participation in the final inspection, when feasible. III. The GFL-XNTEE and the DIVISION mutually agree that: This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communication, representation, or agreement, either verbal or written between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its oblig-ations hereunder in accordance with the terms and conditions of this agreement. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term of provision shall be deemed stricken. The DIVISION shall demand the return of monies delivered and withhold subsequent payments if violations occur which disqualify the project from the grant under which they were provided, if monies were improperly expended or managed or if records of proper expenditure are not prepared, preserved or surrendered as required by this agreement. No delav or omission to exercise an.,,' right, power or remedy accruing to either party upon breach or default bv either party under this agreement, shall impair any such right, power or remedv of either party; nor shall such delav or omission be construed as a waiver of any such breach or default, or any similar breach or default. This agreement shall be terminated bv the DIVISION because of failure of the GfLhNTEE to fulfill its obligations under this agreement in a timely and satisfactory manner unless the GR_-\NTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by the GI:LA. NTEE shall be determined by the DIVISION based on the terms and conditions imposed on the GRANTEE in this agreement and compliance with the program guidelines. The DIVISION shall provide the GIL~XNTEE a written notice of default letter. GRANTEE shall have 15 calendar davs to cure the default. If the default is not cured by the GFG\NTEE within the stated period, the DIVISION/ shall terminate this agreement, unless the GI:L~NTEE demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the GRANTEE'S control. In the event oftermination of this agreement, the GFL~kNTEE will be compensated for any work satisfactorily completed prior to the notification of termination. The DIVISION shall cancel this Agreement in the event that the GIL~\NTEE refuses to allow public access to all documents or other materials subject to the provisions of Chapter 11.9, Flon'da Statutes, and made or received by the GFL&NTEE. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the legislature. In the event that the state f.unds on which this agreement is dependent are withdrawn, this agreement is terminated and the state has no further liability to the GFL.\NTEE, beyond that already incurred by the termination date. In the event ora state revenue shortfall, the grant will be reduced in accordance with section e57. 195, Flor2'da Statutes. Bills for fees and services must be maintained in detail sufficient for a proper preaudit and postaudit thereof. AG£NDAJTEM No. Page S of 5 ~ i .,c,-II 001 J. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable to pay attorney fees, interest or the cost of collection. The DIVISION shall not assume any liability for the acts, omissions to act or negligence o£ the GRANTEE, its agents, servants or employees; nor shall the GR~{NTEE exclude liability for its own acts, omissions to act or negligence to the DIVISION. In addition, the GRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the GRANTEE. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death, or damage to property, arising out ofany activities performed under this agreement and shall investigate all claims at its own expense. The GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the Project. The GRANTEE may subcontract as necessary to perform the services set Forth in this agreement, including entering into subcontracts with vendors for services and commodities, PROVIDED THAT such subcontract }las been approved by the DIVISION prior to its execution, and PROVIDED THAT it is understood by the GRANTEE that the DIVISION shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the Subcontractor for all expenses and liabilities incurred under the subcontract_ N. Neither tile State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of'its liability, upon entering into a contractual relationship. The GR?tNTEE, its oflScers, agents and employees, in pertbrmance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. GRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. GI:b~.NTEE agrees to take such steps as may be necessary to ensure that each subcontractor of the GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. The GRANTEE shall not assign, sublicense or otherwise transfer its rights, duties, or obligations under this agreement without prior written consent of the DIVISION, which consent shall not be unreasonably withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the GRANTEE'S obligations, the GRA. NTEE remains responsible for all work pertbrmed and all expenses incurred in connection with the agreement. In the event the Legislature transt~rs the rights, duties, and obligations of the DIVISION to another government entity pursuant to section e0.0g, Florida Statutes, or otherwise, the rights, duties, and obligations under this agreement shall also be transferred to the successor govermnent entity as if it were an original party to the agreement. This agreement shall bind the successors, assigns and legal representatives of the GRANTEE and of any legal entity that succeeds to the obligation of the DIVISION. R. The term of this agreement will commence on the date of execution of the agreement. Page THE GRANTEE THE DIVISION ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Katherine Secretary Harris of State Approved as to form and legal sufficiency: Th;~asL0~ Assistant County Attorney Witness Witness BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. By: JAMES D. CARTER, Ph.D., Chairman Witness Witness Page 5 of 5 AGENDA ITEM <cc; l! EXECUTIVE SUMMARY APPROVE AGREEMENTS TO LICENSE AND IMPLEMENT NEW FINANCIAL MANAGEMENT SYSTEM SOLUTION (RFP 00-3188). OBJECTIVE: To obtain Board authorization to enter into agreements with SAP Public Services, Inc. and Cedar Enterprise Solutions, Inc. to license and implement the software solution to replace the current financial management software. CONSIDERATIONS: On June 26, the Board of County Commissioners approved the ranking of firms responding to RFP 00-3188 to provide an integrated financial management system for the Board, Clerk of Courts and Supervisor of Elections agencies. Staff subsequently conducted site visits and negotiations with the top-ranked team, Cedar/SAP and reached agreement xvith both entities. SAP will license the software and provide technical support, maintenance and periodic upgrades to the software. Cedar will implement the software in tandem with the multi-agency project team. The project implementation is a significant undertaking that will include reviewing and updating the County's current business practices; customizing workflow within each of the major functions; cleaning and converting the data in the current system to load into the new solution; training the core team and 200+ employees at large in the nexv technology and testing all key system functionality. The project schedule is ambitious-- the core functionality is scheduled to "go live" on October 1, 2002 in conjunction with the start of the FY 03 fiscal year. This level of production will enable the Clerk and Board agencies to greatly modernize the transfer and retrieval of information, the processing of numerous work-related tasks at the user level and the tracking of task review and approval in all departments. The initial phase will also provide both agencies with several Intemet-based self-service functions and the technology platform to develop and pursue in subsequent phases, direct setwice enhancements to citizens and vendors (e.g.; E-procurement, on line citizen inquiry and record retrieval,etc.). FISCAL IMPACT: The total fiscal impact for the referenced agreements and associated services is as follows: · SAP License Fees · Cedar Implementation Services and Esimated Expenses · EstimatedTechnical/Business TrainingFees/Expenses · SAP Software Maintenance (lst year) · BSI Software Maintenance (lst year) TOTAL Software/Implementation (lSt year) Maintenance $474,500 $1,560,000 $500,000 78~634 4,200 S2,617,334 Each agreement is scheduled to commence on October 1, 2001. Training services are not specifically included in the agreements, but xvill be procured from both conti:acS.-pagfi.ea.m: ..... "-'~NDA ITEM from an ~ndependent, capable trmmng provider. Annual mmntenance costs f~r the,.firs~ year are included in the aforementioned itemization. Future year maintenanqe cosig'~ i-~-~-----~-~ -. budget(s). (starting in FY 04) will need to be budgeted in the appropriate operating I SEP ~'1 7fl[~! With regard to the total project funding, other anticipated project expenses include S300,000 in new production servers, $200,000 in project management services payable to LCSI Inc., the firm retained by the Clerk's agency to manage the project and a small contingency amount for other expenses (approximately $183,000) for a total estimated expense budget of $3.3 million. The Clerk of Courts Agency has committed $1,000,000 in funds from the Public Records Modernization Trust Fund (197) and is acquiring some of the requisite equipment in the current year operating budget. The remaining funds needed to cover the projected expenses will come in the form of loan proceeds in the amount of S2.3 million, which represents an increase of $550,000 from the budgeted amount of $1.75 million. Hence, the FY 02 budget for the County Wide Capital Improvement Fund (301) will need to be amended to reflect the S550,000 increase in loan proceeds and to decrease the revenue contribution from the Clerk by $750,000. Also, the debt service pa~yq-nent for FY 02 will need to be increased by 5137,500, affecting both the General Fund (00l) and the Commercial Paper Loan fund (299) budgets. The FY 02 budget was prepared with the assumption that the Clerk would transfer funds to the Board. Instead, the Clerk will be purchasing equipment and ser~dces directly from the various vendors using the aforementioned trust fund revenues. GROWTH MANAGEMENT IMPACT: There is no direct impact on the County's Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners approve; 1) the changes to the FY 02 budget as described above; 2) the license agreement with SAP Public Services, Inc.; and associated training services; 3) the Consulting Services agreement with Cedar Enterprise Solutions, Inc. and; 4) the Project Statement of Work with Cedar Enterprise Solutions, Inc. and associated training services pursuant to implementing the new financial management system solution and that the Chairman be authorized to sign the referenced agreements on behalf of the Board. SUBMITTED BY: Date: ,~' /'? ,' /,;'7'~, /". APPROVED BY: Date: ,Z Steve Camell, CPM Purchasing/General Services Director REVIEWED BY: . ,.',-~x~/z ,~d~ Date: ,.y'/..5~//'~-'' / 'fi~t~ps L. Mitchell, CIA, CFIE, CBA 'F-in,.~/nc e Director Jo-Anne Learner, CPA Support Services Administrator Consulting Agreement This Consulting Agreement (this "Agreement")is made as of the ~1/:'4 day of ~.Oo I , by and between Cedar Enterprise Solutions, Inc. ("Consultant") and Collier County, Florida ("Client"). For valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. Services. Consultant will provide certain consulting services ("Services") to Client as set forth in any Statement of Work that specifically references this Agreement (each, a "Statement of Work"). The parties hereto agree that the Services shall be performed in the United States of America. The terms and conditions of this Agreement shall apply to any Statement of Work executed by the parties during the term of this Agreement. 2. Compensation. (a) Client will compensate Consultant for Services by paying certain fees as set forth in the Statement of Work. Client will reimburse Consultant for certain expenses as set forth in the Statement of Work. Consultant will invoice Client as set forth in the Statement of Work. Client agrees to pay all fees and expenses upon receipt of invoice and interest in accordance with the Flordia Prompt Payment Act. All travel-related expenses under this Agreement shall be reimbursed in accordance with Section 112.061, F,S. (b) For a time and materials engagement, Client's signature of time cards and on the receipt/acceptance of pre-determined project/task deliverables shall constitute Client's acceptance of the hours worked and of the work performed during such period. Client shall not unreasonably withhold acceptance of such deliverables. For all other engagements, Client's acceptance shall be determined according to the acceptance criteria as stated in the Statement of Work. (c) Beginning one year after the Effective Date of a Statement of Work, Consultant may increase all rates and/or fees applicable under such Statement of Work by up to the lesser of the annual rate of increase in the United States Consumer Price Index--All Cities (or a comparable replacement index) during the then most currently available 12-month period, or 8% per contract year, by giving Client at least sixty (60) days prior notice. In seeking such an adjustment, Consultant shall cite the speciifc index, the 12 month period and the respective indicies for the cited period. 3. Taxes. The fees listed in any Statement of Work are in addition to, and not in lieu of, any additional fees, assessments, levies, taxes, etc. assessed against the transactions contemplated herein ("Taxes"). The Client is exempt from payment of most taxes and has been issued a Tax Exempt Certificate (#21-07-019995-53C) from the Florida Department of Revenue. 4. Term and Termination. (a) The term of this Agreement shall be one (1) year starting on the date hereof (the "Effective Date") and shall be renewed automatically for successive one year terms on each anniversary of the Effective Date for a maximum of two additional years unless either party terminates this Agreement as provided below. (b) Either party may terminate this Agreement or any Statement of Work, at any time, on thirty (30) days prior written notice, which notice shall specify the exact date of termination. Either party may terminate this Agreement or any Statement of Work upon fifteen (15) business days written notice to the other party for such other party's failure to comply with any term or condition of this Agreement unless such failure is cured within such period. authority to enter into this Agreement; (ii) it will comply with applicable law Services in a workmanlike manner consistent with industry standards. The for apply as to each Statement of Work until accepted by Client. The Consultant Limited Warranty. (a) Consultant represents and warrants that: (i) it has the and (iii) it will provide irther Services rendered under this Agreement shall be accurate and consistent with the goals and tasks set forth in each Statement of Work. (b) EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN ANY STATEMENT OF WORK PURSUANT TO THIS AGREEMENT, CONS0LTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRI'FI'EN, WITH RESPECT TO THE SERVICES AND THE INTELLECTUAL PROPERTY INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR IN RESPECT OF ANY THIRD-PARTY PRODUCTS OR SERVICES AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE OR RELATING TO SO-CALLED YEAR 2000 COMPLIANCE AND NO REPRESENTATIVE OF CONSULTANT IS AUTHORIZED TO GIVE ANY ADDITIONAL WARRANTY. (c) Client represents and warrants that: (i) it has the authority to enter into this Agreement; (ii) it will comply with applicable law; and (iii) it has obtained any intellectual property rights and export licenses necessary to permit Consultant to perform the Services. 6. Intellectual Property. (a) Except as set forth in the Statement of Work, upon Consultant's receipt of fees due under this Agreement, Consultant hereby assigns to Client all right, title, and interest in and to any inventions (patentable or otherwise), discoveries, improvements or copyrightable works (collectively, "Intellectual Property") which Consultant creates in connection with its performance of Services hereunder. At Client's expense, Consultant shall provide all reasonable assistance requested by Client in its protection of the Intellectual Property. (b) Notwithstanding Client's ownership of the Intellectual Property, Client acknowledges and agrees that: (i) Consultant has the right to re-use any of its know-how, ideas, concepts, methods, processes, or similar information, however characterized, whether in tangible or intangible form, and whether used by Consultant in the performance of Services or not, at any time and without limitation, (ii) Consultant retains ownership of any and all of its intellectual property rights that existed prior to the Effective Date including, but not limited to, all methods, concepts, designs, reports, programs, and templates, and (iii) any third-party that provided software products to Client retains all right, title, and interest in its software products. ?. Confidential Information. Each party hereto (each, a "Recipient") shall prot~.ct and keep confidential all non-public information disclosed to Recipient by the other party (each, a "Discloser") and identified as confidential by Discloser ("Confidential Information"), and shall not, except as may be authorized by Discloser in writing, use or disclose any such Confidential Information during and after the term of this Agreement. These obligations of confidentiality shall not apply to information that: (i) was previously known to Recipient; (ii) is or becomes publicly available, through no fault of Recipient; (iii) is disclosed to Recipient by a third-party having no obligation of confidentiality to Discloser relating to such Confidential Information; (iv) is independently developed by Recipient; or (v) is required to be disclosed as a matter of law. Both parties hereby acknowledge that all confidentiality provisions in this Agreement shall be subject to the requirements of Section 119.F.S., otherwise known as "The Florida Public Records Law". 8. Indemnification. (a) Consultant agrees to indemnify, hold harmless and defend Client from and against any and all judgments, liabilities, damages, losses, expenses and costs (including, but not limited to, court costs and reasonable attorney fees) incurred by Client in respect of third-party claims that arise from: (i) death, bodily injury, or damage to tangible personal property caused by Consultant in connection with this Agreement; or (ii) the violation of any third-party's intellectual property rights arisin9 in connection with the provision of Services, except in the case of an infringement claim where such claim arises from Consultant's reliance on Client's tools, instructions, specifications, or other materials, or where Client or any third party makes any unauthorized modifications to any aspect of the Services. (b) In the event of any infringement or claimed infringement under sec Consultant, in its sole discretion, shall: (i) modify the infringing Services to be non-i ~, AGE?dO A. i-f'EM ion ~).tlIF, above, ' jfn nglng;' 0~) obtain a license for Client to use the infringing Services; or (iii) terminate the Client's right to use the infringing Services and refund to Client all amounts paid for such infringing Services, amortized over a period of three (3) years from the acceptance of Services. (c) To receive the benefit of indemnification under this Section, the indemnified party must promptly notify the indemnitor of a claim or suit and provide reasonable cooperation (at indemnitor's expense) and tender to indemnitor (and its insurer) full authority to defend or settle the claim or suit. Indemnitor has no obligation to indemnify for any settlement made without its consent or for any claim to the extent lack of prompt notice shall have prejudiced indemnitor. The remedies provided in this Section shall be the sole and exclusive remedies available in respect of any claim covered hereunder. 9. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEITHER PARTY HERETO SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS OR DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND CONSULTANT'S LIABILITY FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY CLIENT TO CONSULTANT UNDER THE APPLICABLE STATEMENT OF WORK. No action, regardless of form, arising in connection with this Agreement may be brought by either party more than two (2) years after the cause of action has arisen. 10. Insurance. 10.1 Contractor shall maintain the following insurance coverages in full force and effect throughout the term of this Agreement: Workers' Compensation Insurance consistent with the Statutory limits of Florida Statutes, Chapter 440 and all Federal government statutory limits and requirements. bo Commercial General Liability Insurance, patterned after the 1005 I.S.O. form, with limits of not Iess than $500,000 Single Limit per Occurance (including Bodily Injury and Property Damage), with no limiting endorsements. Automobile Liability Insurance (including owned, non-owned, and hired) with limits of not less than $500,000 per occurance. d. Professional Liability Insurance with limits of not less than $1,000,000 per occurance. 10,2 The Consultant shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement and shall hold the County harmless against all claims arising from the grossly negligent acts, errors, or omissions of consultant by third parties. 10.3 The Consultant, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is acknowledged through the signing of this document, shall protect, defend, indemnify and hold Collier County and its officers, employees and agents harmless from and against any and all losses penalties, damages, professional fees, including t'easonableattomey fees and all reasonable costs of litigation and judgment~ arisin~-t~¢' ~T'~,~:I willful misconduct or grossly negligent act, error ~ omt{~ion of the Consultant, its subconsultants, agents or employees arising out of incidental to the performance of this contract or work performed thereunder. This provision shall also pertain to any claims brought against the County by any employee of the named Consultant, any subconsultant, subcontractor, or anyone directly or indirectly employed by an of them. 10.4 Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same subcontractor shall provide the County with certificates of insurance meeting the required insurance provisions. 10.5 Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability. 10.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE: The "Certificate Holder' should read as follows: Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 10.7 Thirty (30) Days Cancellation Notice is required. The Certificate must state the RFP Number and Title. 11. Solicitation. Both parties agree not to hire current or former employees of the other party, without such other party's prior written consent, during the term of this Agreement and during the one (1) year period commencing upon the termination hereof. 12. Delays. Neither party shall be liable for delays caused by fire, accident, labor dispute, war, insurrection, dot, act of government, act of God, or any other cause reasonably beyond its control (including delays caused by Client or Client's customers); but each party shall use all reasonable efforts to minimize the extent of any such delay. 13. Independent Contractor Status. The parties hereto are independent contractors. Nothing in this Agreement shall be deemed to create any form of partnership, principal-agent re!ationship, employer-employee relationship, or joint venture be~een the parties hereto. 14. Assignment and Subcontracting. Neither party may assign its rights or delegate its obligations hereunder without the prior written consent of the other party, which consent will not be unreasonably withheld, provided that Consultant may assign its dght to receive monies due and becoming due. Consultant may subcontract its obligations hereunder to independent contractors. 15. Waiver. Neither party shall be deemed to have waived any right hereunder unless such waiver is in writing and executed by a duly authorized officer of the waiving party. No waiver by either party of any right hereunder shall constitute a waiver of any right on any other occasion. 16. Separability. The invalidity or unenforceability, in whole or in part, of any provision, term, or condition hereof shall not affect the validity or enforceability of the remainder of such provision, term or condition or of any other provision, term, or condition. 17. Governing Law. This Agreement will be govemed by the laws of the state of Florida without regard to its rules concerning conflicts of laws. Any action arising from this agreement shall be filed in the State of Fiodda, 20t" Judicial Circuit Court. 18. Interpretation. Captions of the sections of this Agreement are for ~ only and do not constitute terms or conditions hereof. The parties acknowled¢ thoroughly reviewed this Agreement and bargained over its terms. Accordingly, neit considered responsible for the preparation of this Agreement, which shall be deer prepared jointly by both parties. The provisions of the Agreement allocate the risks between the parties. The terms and conditions included herein reflect this allocation of risk, and each provision herein is part of the bargained-for consideration of this Agreement. 19. Survival. The terms and provisions of Sections 2, 6, 7, 8, 9, and 11 shall survive expiration or termination of this Agreement. 20. Entire Agreement. This Agreement and any incorporated Statement(s) of Work constitute the entire agreement between Client and Consultant. In the event that any provisions in any incorporated Statement(s) of Work are in conflict with the provisions in this Agreement, then the provisions in this Agreement shall prevail over any such conflicting provisions. - Any pre-printed terms and conditions of Consultant's and Client's business forms shall be without legal effect with respect to this Agreement and any Statement(s) of Work. This Agreement may not be amended unless such amendment is in writing and signed by both parties hereto. 21. Notices. All notices and other communications in connection with this Agreement shall be in writing and shall be deemed to have been received by a party when actually received in the case of hand delivery, or two (2) days after mailing by a nationally-recognized overnight carrier, to each party at the addresses shown below. Cedar Enterprise Solutions, Inc. Regional Vice President, Sales Fifteen Piedmont Center, Suite 1400 3575 Piedmont Road, NE Atlanta, GA 30305 W~th a copy to: Cedar Enterprise Solutions, Inc. Law Department Fifteen Piedmont Center, Suite 1400 3575 Piedmont Road, NE Atlanta, GA 30305 Name: Purchasinq/General Services Director Address: 3301 Tamiami Trail East Naples, Ft. 34112 With a qopy to: AGENu,'~. 22. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date set forth above. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By:. Date: By: Approved as to form and legal sufficiency: Witness Witness James E. Carter, PhD, Chairman Dennis ParkinE~)¢' 'J Vice President and General Manager Public Sector (CORPORATE SEAL) Cedar Enterprise Solutions, Inc. ATTN: Jana Lauer Fifteen Piedmont Center, Suite 1400 3575 Piedmont Road, NE Atlanta, GA 30305 Phone: 404-816-6672 · Fax: 404-816-6772 AGF_ND,~ ITEM ACORD , CERTIFICATE OF LIAB 'RODUCER (781)681-66S6 FAX (751)681-6686 ] Barry Driscoll Ins Agcy, Inc 600 Longwater Drive P~ Box 9120 No.,~ell, MA 02061 ~SURED Cedar, USA Inc 100 East Pratt Street Suite 1600 Balltimore, MD 21202 LITY INSURANCE DATE (MM/DD/YY) 02/14/2001 THIS CERTIFICATE IS ISSUED AS A MAI I=R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: Federal Insurance Co. iNSURER B; INSURER C: INSURER D: iNSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWiTHSTANDiNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THiS CERTIFICATE MAY BE iSSUED ~AY PERTAIN, THE [NSUR~CE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SU~ECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLiCiES. AGGREGATE LIEITS SHOWN MAY HAVE BEEN REDUCED BY PAID C~IMS. POLICY EFFEC~VE ; POUCY EXPIRA~ON LIMITS rR ~PE OF INSURANCE ~ECY NUMBER DATE (M~O~Y) DATE G~E~LLIABI~ 73262095 ~0/20/2000 ~/0~/200~ E~CHOCCUR~E~C~ S ~,000,00~ X COMMERCIAL GENERAL LIABILI~ FI~E D~AGE (~y one fire) I C~MS M~E ~ OCCUR ~ED EXP <~ ~* ~m S ~0,000 ~ X Includes pERSON~&ADVINJURY S 1,000,000 ~ Contractual Liab. GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGA~ L~MIT ~PLIES PER: PRODUCTS- COMP/DP AGG ~ S 1,000,000 JECT ~ LOC ~u~ouos~LEu~mu~ 15769979 10/20/2000 11/01/2001 COUm~EOm.GCEL~U~T (Ea anthem) 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY ~ (Per pemcn) X SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY PROPER~ DAMAGE -- ~ AUTO ONLY - EA ACCIDENT S ~ARAGE UABIU~ .... AUTO ONLY: AGG S EACH OCCURRENCE S ~, 000,000 Excess U~mL~. -- ~ OCCU~ ~ C~MSUAOE 35~71875 AGGREGA~ $ ~,000,000 ~ I$ DEDUCTIBLE ~ENT~ON $ WC STATU- OTH-~ WOR~SCC~P~NSA~ON ~D 7170~2~2 10/20/2000 11/01/200l X ~o~yu~S~ E. E~PLOYE~S' UAmU~ EL ~CH ACCIDENT S ~00,000 ~ ~.L mS~S~- ~ EUP~OV~[ S 500,000 ~i. D~S~SE- POUCV UU~T S ~00,000 [nTHE~ [5371S75 10/20/2000 11/01/2001 S1,000,000 Each Claim ~lectronic Errors & { Limit of Liability ~ ~missions Liability ESCRIPT[ON OF OPERAnON~LOCA~ON~HICLE~EXCL~SIgNS ADDED, BY Eg~E~EN~PE~OVISIONS )r operations nor~l to the na~ ~suPeQ. k~r~ F ~e Notice of Cancellation is ~0 days except for non-payment of premium which is 10 days. )llier County is included as Additional Insured for General Liability and U~rella Liability as ~quired by a signed written contract with the Na~d Insured. ;ERTIFICATE HOLDER { } ADDITIONAL INSURED; INSURER LETTER: CANCELL4TION Collier County Board of County Commissioners 3301 East Tarniami Trail Naples. FL~I.~2- $~1I ~ ~CORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLJClE~ BE CANCELLED BEFORE THE-' / E", Il', ,* EXPIRATION DATE THEREOF, THE ISSUING COMPANY W'LL E~'~DF--.~VOR~O MAlt;I'''' I /..~ 30 DAYS WRITTEN NOTICE TO THE C ERTIFIC~TE HOL~ 6L4MED.TQ_THE LEFt,~ ~ BUT F~LURE TO M^~C SUCH NOTICE SHA~L ~MFO~E NO OBUGA~ON OR UAB~UT~ OF A.Y X~ND UPON THE COMPANY, ~TS AGENTS O~ REPRES~E~A~V~S*',~ ~ ~.q ~, B. Driscol 1/PDS i©ACORD .... CORPORATION 198~8 COLLIER COUNTY RFP #00-3188 -- INTEGRATED STATEMENT OF WORK FINANCIAL MANAGEMENT SYSTEM SOLUTION .4~usf 2 l, 2001 August 21, 2001 Mr. Steve Camell, CPM Collier Count)- Government Gener:fl Services Building 3201%uni,'uni Trail East Naples, Florida 34112 Re: Client Statement of \Vork Dear Mr. Carnell: Cedar Enterprise Solutions, Inc ("Consultant"), is pleased to be of sen'ice to Collier Counts', Florida ("Client"). This engagement letter shall serve as a Statement of \Vork to the Consulting Agreement, dated as of , between Consultant and Client, which is herebv incorporated by reference. Project Objective: The objective of this Project is to seamlesslv transition the Client from its current legacy system to the SAP/R3 system m accordance with the Client's business processes as indicated in the Client's RFP (incorporate herein bv reference), as defined bv the Consultant's response to the Client's RFP (incorporated herein by reference), and as may be further defined by this Statement of \Vork, as well as anv other business processes that may be determined bv the Project Team during implementation (including those inside :u~d outside fl~e scope) subsequently agreed to bv the parties. 1. Scope of Work Proposed Approach Consultant will establish a base system for the entire enterprise - implementing SAP processes wherever possible. With the base system implemented, Client will be in a position to make improvements over time through ROI driven planning. Consultant's approach is to pair key Consultant resources with Client's internal project team. 'lq~is approach combines Consultants 'knowledge of the Financkfl Accounting, Materi,qJs Management, Human Resources and Payroll processes with the business understanding of Client staff. ~e development of project deliverables will be :t joint activiu', thus ~lowing for the namr~ transfer of M~owledge and expertise from Consult~mt to Client's personnel at :ill levels. Re~lar checkpoints will be established to encourage open cot~nunication and maintain focus on emer~ng business issues. AGE;q~ ~ ~TE~4 J and Cb,~ictential COLLIER COUNTY RFP #00.3188 -- INTEGRATED STATEMENT OF WORK FINANCIAL MANAGEMENT SYSTEM SOLUTION 2001 Consultm~t will provide consulting sen4ces as described in the following sections for the implementation of SAP FI, CO, XL\I, IM, TR, md HR/payroll components. Additionally, \Vorkflow will be inst~flled for the s~x areas · ' PC) outlined in Colher Count' R~: Position Requisition, New Hire Processing, Applicmt Notification, Approv:fl, PO .~endment, m~d PO Closure. ~e stmdard SAP ESS se~,ices, ~vhich pertain to the functionally' being implemented at Collier, will be confi~red. Consultmt will utilize the AcceleratedSAPT~ methodolo~' to ensure the SAP application is implemented in &e most efficient ~d effective m~ner. ~ae implementation timefr:une will cover a ~velve-month period be~nning October 1, 2001 through a live date of October 1, 2(~02 with 4 additionfl weeks of post-product/on support &omgh October 29, 2002 to be provided though remote consulting m~d, if needed, on-site sen, ices. ~is rapid implementation solution xvill enable Client to see a fast m~d measurable return on inves~ent through a process ~at emphasizes planing, training, m~d user involvement. Accordingly, we have divided the project ~to five phases: · Phase 1: Project Preparation; · Phase I1: Business Blueprint; · Phase Ill: Re~ization; · Phase IV: Fin,'fl Preparation; · Phase ¥: Go Live ,'md Support. 'Fo achieve the desired results in ~m efficient :md expedient m:umer, we recommend the followi,~g activities be undertaken in fl~ese phases: Phase I' Project Preparation The objective of fl~e Project Preparation phase is to build a solid foundation ~br Client's S:\P implementation project. A kev focus of this phase is to acquaint all affected m:u~agers, staff, ~md kev .associates with thc purpose :md objectives of the project. This is also the time to show support from Chent s executive m:u~agement re:un. Consult:mt recommends that the priman.' sponsor convene a meeting of senior m:u~agement, department beads, and kev staff responsible for major FI, CO, XL\I, HR :md Payroll functions. During this meeting, m.,u~agement should' affirm its support for this project, explain its go:ds for enh~mced FI, CO, X L\[, FiR :u~d Payroll information capabilities, :u~d set expectations for the project. Consuh,'mt will encourage interactive participation during fl~is initial meeting to elicit reformation from various organizational components m~d system users. Consultant will a.lso document :my data requirements that fl~e v:trious org. mizations might have that are within fl~e project scope. This pbase will also be used to confirm the proiect scope, m~d v,-flidate project strategh' m~d approach. _\ddition~fllv, Consult:mt will veri~' fl~e roles of fl~e members of the Client :md Consult;u~t project tem~s during the implementation. The goals of fl~is activity are to confirm fl~e strategic objectives, veri~\' the project timeline 'md repare baseline project documentation.'This step will involve Consult~u~t's Project X[~magcr(s), ;u~c! Client's P - - - - , ' .rodin, ,m~d to establish an environment tb.,~-f,qt:iFrat~s_s~.kzces~ .......... onsors to ensure t con-a-non underst g ,, 5 , exccut~vesp .... / AknLi;3 ;~E~,. Cedar E,let?tise 5'ohitions, OCOLLIER COUNTY RFP #00-3188 -- INTEGRATED FINANCIAL STATEMENT OF WORK MANAGEMENT SYSTEM SOLUTION .4ug,st 21,200 ~ Consultant will establish project control procedures, identi~' qua. liD' assurance processes, determine status- reporting mech:misms, develop change request procedures, and schedule project team meetings. At the conclusion of this phase, Consultant xvill work xvith Client's project team members to present the results to the executive team prior to building the Business Blueprint. Phase I1: Business Blueprint This v, vo-step phase results in complete configuration of the SAP system to support Client's defined requirements and business processes. It is during this phase that the original project goals ,'nad objectives are v',flidated, the project schedule is adjusted as needed, and the baseline scope is clarified. In addition, the system environme,~t is established During the initial step, SAP functionfliu' topics are selected, business processes are identified, participants are confirmed, and work sessions are scheduled. This process involves users i~Tunediately by putting their knowledge of Client's business functions to work right away. By bringing users m at the start of the project, their ownership ()f the process is assured, realistic expectations are set, and their investment in the results is high. Te:un members work with one of our application experts in focused sessions that result in the configuration of a particular functionflit~' of SAP mad map the product's functions to Client's current or desired business processes. The sessions encourage active participation and input from te:mq members regarding which components of the system will be used, how each one will be used, :md the changes and customizations needed, either within the system or within the orgru~izatio,fs business processes. Step r, vo continues this process by addressing m~y' remaining business process or system functionalitx issues. The ~acilitated sessions enable the te:u-n to quickly uncover gaps in function:flits' :md explore the :fltematives for resolution. SAP's Implementation Guide (IMG) enables Client to create a complete record of ch',mges and additions to the svstem. This extensive documentation c:m then serve as a guide for future customizatio,~s, modifications, or upgrades. ()ne of the major areas for consideration during this phase will be to develop a philosophy for how best to ha,~dle the legacy data 0aistoo') in the current FI, CO, XLM, HR and Payroll systems that Client has accumulated. 13e£ore loading this data into the system, Consultant will work with Client to determine what reporting, transaction processing, retriev:fl, m~d archivmg requirements exist. This will create a strate~' for how all or part of thc data will be converted into the SAP system or data warehouse. Phase II1: Realization In this stage Client's application is configured according to fl~e specificatious developed in the prior phase. This is managed through a three-step process: · Baseline configuration; · Pixception processing; mad · Interfaces, reports, conversion, developmem :u~d testing. AGENDA ITEM SE[' 2fili COLLIER COUNTY RFP #00.3188 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM STATEMENT OF WORK SOLUTION Mugust 21, 2001 The conversion and interface processes require an extensive, detailed effort to reconstruct data and develop interfaces to and from existing feeder systems. Client's project team members will xvork as part of the implementation team to accomplish the conversion and h~tegraton effort. This hands-on role can involve multiple aspects of the project, from interface specification and development, to conversion planning and execution. Data conversion is seldom a one-for-one task, and generally involves translation of coding structures from the current approach to the requirements of the new system. Consultant will assist Client with mapping the existing data from the current system to the nexv system, determining translation and conversion rules, and redeveloping coding structures where necessarT- Our thorough understanding of the SAP system will help to accelerate this effort. Consultant will 'also assist Client with developing a conversion pl,m~ and schedule; defining flae conversion requirements; and tesfng the conversion results. As SAP provides all of the conversion tools, this effort is no longer custom-programmed client to client. The client will provide data files from legacy system in a format a5n'eed upon bv both Client and Consultant and that can be automatic:flly loaded into SAP. .x.r the conclusion of the re:dization phase, Client will bare a fully configured system that is ready to be tested and accepted as we move into the Final Preparation phase. Phase IV: Final Preparation This phase consists of a two-step process: · Baseline scope - 800/o function:flitv; and · Exception processing, ABAP wor~- (including reports, interfaces and conversions), plus integration with extern~ systems. Ahhough fl~e system will have undergone testing throughout the previous phases, this phase emphasizes fl~e tests that will ensur~ the system can withst:md the rigors of eve~-day use. Consultant's approach to system testing is structured to ensure ~hat ,nil customization :u~d new development are tested in a manner that Gcilitates thc identification of problems and errors. Simple conditions are tested first, followed by increasingly complex conditions until all inputs, processes, and outputs have been thoroughly tested. In this phase, Consult~mt mad Client working togeflqer, will ,q]so conduct volume and stress testing, and integration testing. _\lso, during this activity, the system becomes operatiomfl based on user accept:race that the system peril)tins in :record:race with the stated objectives and meets Client's requirements. Phase V: Go Live and Support During tiffs phase, Consultant will assist Client with conducting a full review of the system's success in supporting business objectives. This ongoing process will assure that fl~e system is perpetu~flly cban~ng to meet new ~md emerging user and management requirements as they develop, assuring continued user satisf:action ~md extending the long-term usefulness of the system. This phase xvill consist of r'our (4) weeks of remote and on-site support., On-site support will be on ,m~ as needed basis only. (.~.(L~r I inP:tpn.,e Xoh~h'ons, Inc. COLLIER COUNTY RFP #00-3188 -- INTEGRATED FINANCIAL STATEMENT OF WORK MANAGEMENT SYSTEM SOLUTION Project Timeline The project timeline presented is an estimate of effort for various and typical tasks associated ~vith this project. Project start ,'md end dates of 10/1/2001 through 9/30/2002 with four weeks of post-production support are firm. The project team (Cedar & Collier) xvill finalize specific dates and duration for all other tasks during Phase I ~md the project timeline will be modified accordingly at that time. Resource assignments and percentage of effort for Collier xvill also be assigned during Phase I. In general terms, resource requirements for Collier can be summarized by Phase as such: Phase I Project Preparation- LO\V; Phase II Business Blueprint -HIGH; Phase III Realization - MEDIUM; Phase IV Final Preparation - HIGH; Phase V Go Live & Support - MEDIUM. Definition of terms for resource requirements: LOW 10%-30°,'0; MEDIUM 40,0-60:0, HIGh[ 70° o-10(~° o. Phase 1: Project Preparation t2 dy$ 10/02~01 10/17t01 Technic~Requi,ements ..... e,~ning 3 ~S ~0~0~ Condu~ Steenng Comm~ee Meetings 85 ~ 10118/01 0~1510; COLLIER COUNTY RFP #00.3188 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM SOLUTION STATEMENT OF WORK .4u&us! 21, 2001 Project Timeline (cont.) Prolob/pe Enc~ User Training and Documentation DelrveraDleS 7 dy~ 10118/01 10/26/01 Phas, 3: ~ealizati~r~ ....... 15 ~ty, 02rlliO~ 0513'LtOi (:.~ctar ~intet~tise Soh~lions, Inc. COLLIEE COUNTY RFP t00-3188 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM SOLUTION STATEMENT OF WORK Project Timeline (cont.) $2 73 77 Conduct Project Team Status Meetings 75 ~ 02/1B/02 05/3110~ Conduct Steering Commetee Meetings 75 In~ia[ ptan~ng for Production Support and c~over 75 dy~ 02/18/02 05/3510; Project Management 75 dy~ 02/18/02 05/3110~ Prepare Baseline Conflrmabon Define Set. ce Level CommRme¢~ 10 COLLIER COUNTY RFP t00-3188 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM SOLUTION STATEMENT OF WORK 200 ! Project Timeline (cont.) Prepare FiealConfirmation 37 dys 03/21102 05110/02 Perform F~al Conf~n'nation 37 dys 03~21102 05i10/02 Create C~e~on Proced~es 52~ 0~2ii0205131/D; Develop ~plicatiom I~,,ace Progr~s ~ ~' '03)2~/0~ 0~/~0~ t09 1t0 1tt 1t2 t13 114 115 116 lt7 118 119 120 Create Form Procedures Establish Authorization Concept Vahdale A~hc~tron Concept Establi~ Data ~chiving Finad integration Test Prepare Final Integr3ti~n Test 12 dy~ 05/13t02 05/2810~ el' 1st Quarter 2nd Qu,uter 3rd Quarter 4th Qu~ter Pro/~t?~l:~{}' and Co~/fidential C~.:lm' iinle/p~i~e .Fo/u/ions, Inc. COLLIER COUNTY RFP #00-3188 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM SOLUTION STATEMENT OF WORK .4u~gust 2~, 200~ Project Timeline (cont.) System Management 25 dy~ 06/0310: 07105/0; 40 dy$ 06/03/02 07/26t02 End ~1 dy i0/:)i/02 COLLIER COUNTY RFP #00.3188 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM STATEMENT OF WORK SOLUTION Scope Clarifications Scope · Collier County will implement the follo~ving base SAP FI, CO, bL\I, HR ,'md Payroll functions within the scope of this fixed price contract (see Appendix A for detailed scope description): Base Human Resources Funcfionaliw includes: - HR Master data (includes fll the compulsoo' info~'pes for Payroll) - Payroll Or~dzafion~d X[mmgement Benefits Gamisl~ents Time Mmmgement (does not include Time Evfluation) - Recmi~ent (to fl~e extent necessaD' to provide required workflow function~iU') Base FI/CO Funcdonaliw includes: - FI/Genenfl Ledger - chart of accounts, comDmy codes :u~d all dependent data FI/Accounts Payable - vendor master data :md payment processing FI/Accounts Receivable - customer data m~d b2fl:mce h:mdling FI/Asset Mmmgement FI/Budget Processing - FI/Funds Mm~agement - Specifl Ledger m~d reporting - Cash ~[m~agement - Cash m~magement functionali%' - Controlling - Controlling area, cost elements m~d cost centers. Base MM FuncfionaliW includes: Purchasing function~i~' · Cedar will lead m~d assist Client in fl~e implementation of Workflow for the Client, in d~e ~bllowing areas: Position Requisition, New Hire Processing, Applicm~t Notification, PO Approved, PO Amendment, and PO Closure. · Collier Count' will be responsible for the implementation of m~y Workflow processes outside of fl~ose identified above. · Cedar will ensure that the standard ESS sen'ices pertaining to the function~di~' being implemented at Collier are configmred m~d operation~. ~)' additional ESS sen-ices desired by the counw will be the COUnW's resptmsibility or cm~ be contracted at an addition:d cost. implementation, :md a go-live date of October 1, 2002 with 4 weeks of post-producti(? suppgrt (to be COLLIER COUNTY RFP #00-3188 -- INTEGRATED FINANCIAL STATEMENT OF WORK MANAGEMENT SYSTEM SOLUTION 200 ~ provided through a combination of remote and on-site support). Successful implementation is dependent upon both parties completing tasks on a timely basis. If delays are incurred due to Collier not meeting kev deadlines, Collier and Cedar management will address jointly and determine impact to the live date and the fixed fee arrangement and any cost adjustments that may be necessary. ·Additiona] out of scope functionalits', such as eProcurement and portals, may be implemented i,~ a future phase following fl~e initial implementation but is not included m this projects scope. Pricing will be determined at a later time. · Collier Countx' is committed to implementing SAP "Best Practices" in order to eliminate the need for modifications or extensive customization. No provision has been made in the estimates for modifications that require changes to the SAP delivered code. · Consuh,'mt will be responsible for development of up to 10 basic interfaces for this project. Addition:d custom development for interfaces may be priced separately if needed. · Collier Count~' will be responsible for developing and testing :ill conversion programs extracting data from existing legacy svstems. Client will provide data files from legacy system in a format fl~at cm~ be automatic~fllv loaded into SAP. Conversion progra_mming must be completed according to dates specified on the project pl:m. The dates m the attached plan specie' a begin date of 3/21/02 and end date of 5/31/02. Conversion testing will continue to occur through the end of the project with a fin:fl conversion just prior to svsten~. cutover on or about 9/26/02. As stated, these dates mav be adjusted once the project beans. Delays in completion of conversion progran~ning may affect fl~e project live date and may result in addition:d project COSTS. · Collier County will also be responsible for conversion of YTD \V-2 and 1099 information £rom the legacy system into SAP as of September 30, 2002. Completion of the \V-2 and 1099 processing for the vear ending 12/31/2002 will be the responsibility of Collier County. · Collier Counv,' will be responsible for developing :dl policies and procedures in support of the implemented business processes, within the scope of the project, as well as ',ill training relating to business procedures, but not specific~ly related to the software. · St:mdard reports and conversion progr:trns within the SAP product will be used. Custom programs for reporting and/or conversions are not included within the scope of this project. · Project team training is the responsibilit5' of SAP. Collier and SAP will determine with the assistance of Cedar the appropriate training classes and timing. The schedule will be desi~ed to provide client resources with training at the most appropriate time without adversely impacting the project timeline. · End User training is being negotiated outside of the scope of fl~is document. :'m :unendment to the Statement of Work will be made once a final decision has been made in this regard. People · Collier County will assign dedicated, full time & part-time te~tm members (including tecbnic:fl start) and Subject Matter Experts (SMEs) :md will empower the te:m~ to make decisions, especially as tbev relate to process changes. ~ese dedicated resources will represent HR, Financkfls, Payroll, I~urchasin& Inventor% 11 ~ ...... ' COLLIER COUNTY RFP #00.3155 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM STATEMENT OF WORK ~OLUTION ,4ugust 2[, 2007 FTE's for the project. This includes a number of part-time resources dedicated to various functions that equate to the 10 FTE estimate. Cedar will staff the project with qualified resources that provide value through the crea.tion of project deliverables. Collier Counw's staff will make up the initial cb~mge mm~agement teton with support from the project m:magement ieam. Additional change management consulting support has not been factored into the current project cost. Cedar Change Management services may be negotiated as an out of scope task at m~ additional COSt. Prompt decision-making ~md problem resolution will be required to achieve m~ on-time, on-budget project completion. It is expected most decisions m~d/or problems will be resolved wiflm~ a p,vo-dav time period. Collier Counw's personnel assigned to this project xvill receive appropriate ~md timely SAP training. A portion of this training will be done through knowledge tr,'msfer. Collier Counw will supply legacy programmers for knowledge mmsfer purposes (learning SAP) :md legacy expertise. Consulr, mts will work a four-day/40 bout week when assigmed for a full-week. Cedar will time consultm~t staffing to ensure the on-time delivery m~d completion of project deliverables m~d tasks. .'dl Collier Counw m~d consultm~t proiect members are expected to take normal vacation ~md holiday days, as well as be absent'for authorized training, throughout the course of the project. Cedar mm~agement will determine the proper staffing levels necessaD' from the consultm~t team to ensure a successful project. Collier mmmgement will be responsible for ensuring their project te~m~ is available to complete all assi~ed tasks on schedule. Collier County will make available necessary facilities for consultant personnel while on-site including: office space and SUl~plies; at least one analog telephone line for modem use; individu:d access to group e-mail voice mail; ,md administrative support when required (i.e., large volume copying or word processing). Technology · The SAP Industry Solution for Public Sector will be installed on a dedicated server with the appropriate database(s). ~e ~roject te~ will ~so make use of the Accelerated ttR :md FI Pre-Confibmred Client solutions, as appropriate. ~is template will be used as a starting point to reduce the :m~ount of time to implement/proto~'pe. · Client is responsible for providing ~1 aspects of necessau' tecbnoloD' infrastructure for bofl~ the pro,eot production environments. ~is will include: - Host LAN md database access will be provided to the consult:mrs in a timely fashion. SQL Setx-er will be fl~e project database. - Fulh' functioning workstations will be provided within 30 days of the start of the implementation for all consultm~t te~ members including queo' tool(s) appropriate for the database. -The hardware md sof~vare infrastructure, as well as the database environment will be in place trod working within 30 days of the start of consultant s participation in Phase I of the p~ )icc . AGENDA tTEM ~ No. 12 />ro, O/7=,/aG am/ Cedar fin/e~pr~'e .~ohilions, Inc. COLLIER COUNTY RFP il00.3188 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM STATEMENT OF WORK ~OLUTION - Client is responsible for ensuring that the netxvork and operational infrastructure are appropriately configured, adequately sized, and functioning properly to meet the performance, reliabilits', and service levels required to support the SAP client/sen'er enterprise application environment. - Client understands that adding a SAP client/server application to its nee, vork and systems infrastructure may affect the performance of existing networked applications xvithout proper capacitT planning. Consuhant is not responsible for the performance of Client's network. Processes · To facilitate Imowledge transfer, Consultant and Client xvill work together to develop deliverables. · Client will gather and/or prepare pertinent materials regarding the current svstem in advance of project mmanon. · Consultant will use the AcceleratedSAP methodolog3' including tools and templates. · \Vork will be done on-site in Client's offices, or in Consultants' offices or in individu:fl consultant's home office when authorized, convenient and appropriate. · GASB34 process requirements unique to Client will be in place in the current system as of October 1, Consultant's project team will not need to assist in anv research or report development efforts for G:\SB34 compliance. · Svstem will be deemed live once fin:fl conversions are complete and end-users begin entering fisc',fl data into the SAP system. This is scheduled for 10/1/02 and is dependent on both Cedar and Collier completing asslgn~ed project tasks on time. 2. Deliverable Approval Procedures Consultant's strate~' for ensuring consensus mid streanzlining the approv:fl process is accomplished through ongoing consultation with Client personnel, visibility of intermediate work products, and collaboration on kev desi~ decisions. \'~'hen implementing a system, our primaD' concern is that Client management and users be truly satisfied at eyeD' phase and task of the project. One way that we help ensure this is by invoMng Client staff throughout the development process. The term "deliverable" is resen'ed for those kev documents that represent critical abn:eements on project scope or function. These documents warrant a disciplined level of review bv both Consultant and Client project management. Too many deliverables on a project can slow down the process and cause contention. Conversely, too few deliverables will create unclear expectations as to what is being delivered and bow it is being delivered. There are t-,vo kinds of deliverables--major and minor ("M" and "m" respectively). The deliverables are included in the Deliverables sectiou which is followed by a deliverables matrix. A "Major deliverable" is one that represents a si~ificant body of work, key milestone, or critic:d a~eement on project scope, hmction;diu', or ctesi~. Xlajor deliverables require a form~ level of review and approv:fl bv both Client and Consultant project m:umgcmcnt. ~e remaining deliverables are classified as "Minor" and require a less form:fl review process. COLLIER COUNTY RFP #00.3188 -- INTEGRATEO FINANCIAL MANAGEMENT STATEMENT OF WORK SYSTEM SOLUTION .~lugust 21,200~ Major Deliverable Review Process Each of these deliverables will require sign-off by both the Client proiect manager(s) and the Consuhant project m:mager. It is effective to have a focal point of client responsibility for reviexv and approval that meets fi'equenfly m~d regularly--in this case the project manager. 'Fo keep the project on schedule and to surface issues as quickly as possible, major deliverables shall be submitted for reviexv at least five (5) business days before acceptance is required. Client xvill either accept or return major deliverables, if adjusunents are required, xvithin five (5) business days. The deliverables will be considered approved if no feedback is received follo~ving five (5) business days from receipt of deliverable. The turnaround timefr,'u'ne could be extended, on an exception basis, by mutufl agreement between Client and Consuhant. If changes or revisions are required, Client would request specific changes to be made and fl~e deliverable would be reworked for one additional revision to incorporate requested changes. If further changes to the revised sections are required, they shall be requested within three (3) business days, and will be accepted on an exception basis by mutual agreement between Client and Consuhant. Minor Deliverable Review Process Minor deliverables will be presented to the Client project manager for review and comment. The Client project manager and Consultant project manager will discuss and determine if edits or revisions are required. The deliverable shall be submitted for review at least three (3) business days before fl~e acceptance is required Deliverables will be considered approved if no feedback is received following three (3) business days after receipt of deliverable. Other,vise, the turnaround time could be extended on an exception basis, by mutu:fl agreement between Client and Consuhant. Revisions and edits will be done bv mutu:fl agreement bet',veen Client project manager and the Consultant project manager. 3. Project Change Control Procedures Client or Consuhant may request changes to the Statement of \Vork at any time. Since a change could affect the fees, schedule, or other terms of the Statement of \Vork, both the Client Steering Con'nnittee ~md Const~h:tnt Project Executive must review and approve each ch~mge prior to implementation. The following Change Control procedure will be used: .-\ Project Cha.nge Request 0°CR) xvill be the vehicle for communicating the change. The PCR must describe the change, the reason for the change, and the impact the change will have on the project. The Client Steering Con-~nittee and Consultant Project Executive will reviexv the proposed change. Ifa PCR will require more th:u~ 4 person hours to analyze the approach, cost, and impact to the project schedule, Consuhant will provide an estimate of the time required to analyze the PCR. The Client Steering Committee and the Consultant Project Executive will then approve or reject the PCR for investigation. Such approval constitutes authorization by Client for the additiomfl bouts aqd~ c~ts.r~'stu.i~?~,? .............. 1 investigate the PCR, if it is ~eater than 4 person hours. ~ AGZCq0 ,~ ~ 7E;'.,~ { C'e¢L¢r [ :~,/e¢¢ise Xohm'ons, Inc. OCOLLIER COUNTY RFP #00-3188 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM SOLUTION STATEMENT OF WORK 2001 The investigation will determine the impact the PCR could have on price, schedule, and other terms ,and conditions of the agreement. The Client Steering Committee and the Consultant Project Executive xvill then either reject the PCR or approve it for implementation, xvithin 5 days. Such approval will authorize the additional cost, schedule changes, and approval to proceed with a Change Authorizafon to amend the Statement of Work. The signed (approved or rejected) Project Change Request will be attached to the end of the Statement of Work and will be logged in the project change request log. 4. Staffing and Fees Staffing Key Consultant positions will be staffed with personnel with relevant business experieuce. Jay Richev will act as executive oversight for this engagement. The followm chart identifies minimum staff rec uired by Client and minimum level of commitment. Steering Committee (Part-time) Executive sponsors that provide project decision-making, issue resolution, and communication to County regarding the ect. October 1, 2001 through October 31, 2002 15 COLLIER COUNTY RFP #00-3185 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM SOLUTION STATEMENT OF WORK Project Manager Manages the Collier County resources October 1, 2001 through October 31, 2002 (1 FTE) assigned to the project. Manages Collier County issues that adse dudng the project including dsk mitigation and resource ~llocation. Works closely with Cedar project managedteam leader. HR Key User :amiliar with the details of Collier County HR October 1, 2001 through October 31, 2002 (1 FTE) procedures and processes. Provides expertise ~n requirements definition and business process design. Pdmary responsibility is to work with Cedar's corresponding functional consultant dudng Business Blueprinting and system configuration/testing. Benefits Key User Familiar with the details of Collier County October 1, 2001 through October 31, 2002 (1 FTE) Benefits programs and experienced in Benefits processes. Provides expertise in requirements definition and business process design. Pdmary responsibility is to work with Cedar's corresponding functional consultant during Business Blueprinting and system configuration/testing. Payroll Key User Familiar with the details of Collier County October 1, 2001 through October 31, 2002 (1 FTE) Payroll and Time procedures and processes. Provides expertise in requirements definition and business process design. Pdmary responsibility is to work with Cedar's corresponding functional consultant during Business Blueprinting and system configuration/testing. Financials Key User Familiar with the details of Collier County October 1, 2001 through October 31, 2002 , (1 FTE) financial processes, including Special and General Ledgers and cost centers. Provides expertise in requirements definition and I business process design. Primary I responsibility will be to work with ~ corresponding functional consultant dudng i Business Blueprinting and system i configuration/testing. and (~'otffidettlia/ f]t~tetpt?'~'e Xohdiot~s, b~'. 16 COLLIER COUNTY RFP #00-3188 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM SOLUTION STATEMENT OF WORK .*lt~ust 21, 2001 Financials Key User Familiar with the details of Collier County October 1, 2001 through October 31, 2002 (1 FTE) financial processes, including asset management procedures. Provides expertise in requirements definition and business process design. Pdmary responsibility will be to work with corresponding functional consultant dudng Business Blueprinting and system configuration/testing. Materials Management Familiar with the details of Collier County October 1, 2001 through October 31, 2002 (1 FTE) purchasing and inventory processes and procedures. Provides expertise in requirements definition and business process design. Primary responsibility will be to work with corresponding functional consultant dudng Business Blueprinting and system configuration/testing. Legacy Systems Developer Responsible for extracting data from legacy October 1, 2001 through October 31, 2002 (1 FTE) systems into standard formats for conversion. Provides legacy system expertise to propedy map data to the SAP application in conjunction with the consultant technical resources. Also responsible for learning the SAP development tool and language (ADAP), so that interfaces developed during the project can be maintained over time with little help from outside consulting support. Network/Systems Familiar with database administration, October 1, 2001 through October 31, 2002 Administrator and/or network secudty and administration, and Database Administrator (1 hardware. Expected to become a Basis FTE) knowledgeable person by the conclusion of the project, experienced with SAP security and administration, the OS platform and database administration. This resource will work along side consultant Basis resource and will be partially responsible for creating the environment and establishing secudty profiles. Pro~ti,~'~at_)' at~d Cottjidentia/ C~'~Lv' 12~,,a~tptise Xoh~lio~s, Inc. 17 COLLIER COUNTY RFP #00.3188 -- INTEGRATED FINANCIAL MANAGEMENT STATEMENT OF WORK SYSTEM SOLUTION ~lugus! 21, 2001 Subject Matter Experts, as required There are often specific functions or processes that will require the part-time, as- needed involvement of resources knowledgeable in these areas. In addition, there may be other locations that are involved with the rollout of the system. This may also require the part-time involvement of users from these remote locations to ensure that their system requirements are addressed. While engaged on the project, the tasks of these subject matter experts are no different than the key users above. Higher demands during Phase II and Phase iV Co,~sult~mt expects Client to assign a team lead for each of the major implementation teasns [Fin:mci;tis, [ IR, Purchasing] fl~at will make up fl~e project. The re:tm lead c~m be from IT as long as Client undersr, mds that inserting IT resources into all of the key positions creates :m IT project. In order to facilitate user accept:race ~d ownership, inserting a business user as the team lead eliminates this issue. l)ro?~?':,A~G a,d Cotoqctenda/ C'edar li,tet~t?se Xoh~tions, l,c. 18 OCOLLIER COUNTY RFP #oo.31aa -- INTEGRATED FINANCIAL STATEMENT OF WORK MANAGEMENT SYSTEM SOLUTION 200 ! Fees Fees for this engagement are fixed at $1,300,000 for the base scope. Fees for training will be negotiated separately from this statement of work Fees, less a 10% retainage, shall be paid to Consuhant based on completion and acceptance of deliverables. The 10% retainage shall be due 60 days after fl~e actual system go- live date. The following chart identifies professional fees by deliverable for the proposed implementation. Project Preparation (10%) · Detailed project plan per team $130,000 · Initial consulting team on board · Training strategy for project team profiles · Installed software and functioning development system · Document Project Scope, Project Control procedures, quality assurance process, status reporting mechanisms, & change request procedures Business Blueprint (25%) · Detailed system client strategy $325,000 · Business Process Master List defined including 80% and 20% scope items · Document Functional gaps and recommended resolution(s) · Organizational Structure defined and inputted into the Development environment · Chart of Accounts defined · Document Conversion Plan Realization (35%) · Detailed business scenarios $125,000 documented · Configured R/3 System in the Development environment · Interface and conversion design $155,000 completed · Deliver detailed Data Mapping Document · Developed/unit tested interface and conversion programs $175,000 · User procedures documented · System test cases deftned A · Certify System ready for ~, .. Pro/v,'.'/ ¢6, ..._ a,d 47o,. ¢ (.~dm' li¢.,/eCme .%hr~ions, Inc. 19 COLLIER COUNTY RFP #00-3188 -- INTEGRATED STATEMENT OF WORK FINANCIAl- MANAGEMENT SYSTEM SOLUTION 200 ! Testing VI Final Preparation (20%) · Test and production $260,000 environments created o System build document created · Integrated System testing including mock payroll runs · User acceptance test successful V Go-Live and Support (10%) · First month end accounting $130,000 close complete, completed by 10/31/'2002. · First two payroll runs complete, Client has also agreed to the following 'soft dollar' concessions: · Press releases upon contract signing md :umouncmg the successful go live for fl~e project · A Case Study · A \Xhite Paper (as appropriate) · Reference checks including phone checks ~md site visits · Speaking engagements wifl~ Cedar at appropriate conferences m~d venues All concessions above will be coordinated ;md cleared xvith Client mm~agement as appropriate. 5. Expenses Cedar will follow guidelines practiced bv Collier Count' as stated in the State of Florida Travel Reimbursement Policy Section 112.061 "Per diem and travel expenses of public officers, employees, ',md atzthorized persons". Per p'aragraph 6, and in :mticipation actual expenses will exceed ~m average of $50 per day per traveler, Collier will reimburse Cedar for actua.l lodging expense (Cedar will obtain government rate whenever available) meals at $21 per day. Collier will also reimburse for actual travel expense (airfare, rent;fl car, or mileage as applicable). Off, er applicable allowable expenses to fl~is contract include taxi ~d fern' fares, bridge, road, runnel tolls ,'md parking fees. Miscellm~eous office expenses for supplies, copies, binders, etc. will not be ;dlowed on ;tn individual basis without prior approval from Collier Count'. P,'o/~tTe/~O' ~:nd Co,fide,/iai Cedar E,wptise Solutions, Inc. 2O COLLIER COUNTY RFP #00-3188 -- INTEGRATED STATEMENT OF WORK FINANCIAL MANAGEMENT SYSTEM SOLUTION ~D/gust 21, 200! 6. Invoicing Consultm~t xvill invoice Client for fees and expenses on a monthly basis. Payments shall be made in accord:race with the Florida Prompt Payment Act.. Such invoices shall be sent to the following address: .~ttn: Rem~tt:mces shall be sent to the following address: Cedar Enterprise Solutions, Inc. P. O. Box 75209 Baltimore, .X. lX) 21275-5209 7. Recruitment Fees In no event will Consultant or Client consent to the hiring of,'my of its employees or independent contractors unless mum:flly agreed upon bv both parties. Neither part5,' shall unreasonably withhold consent. This agreement sh:fll remain in place for a period of one year from the completion of the project. ii!ii 21 OCOLLIER COUNTY RFP #00.3188 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM SOLUTION STATEMENT OF WORK 2001 8. Out of Scope Fees Am' identified out of scope xvork ~vill be billed at an additional cost based upon the level of consult,mt required ~mci the scope of work defined. The table beloxv provides the professional fee rates per role. Senior Consultant $160 Consultant $135 ABAP Consultant $130 Basis Consultant 5160 'Fh:mk you for choosing Cedar. \Ve look forward to working xvifl~ you. .\TTEST: Dwight E. Brock, Clerk BOARD OF COUNTY CO),.L\[ISSIONERS COLLIER COUNTT, FLORID:\, Date: .\pproved as to form and leg',fl sufficiency: .\sst~t',mt Coun~'~ttorney \'~ 'itness J:tmes E. Carter, PhD, Ctminnm~ Dennis Parkinsot~ ~' Vice President and Gener:d Mm~ager Public Sector (CORPOtC\TE S E:\L) (.edar t!n~e~?m'e Sohilions, Inc. 22 COLLIER COUNTY RFP #00-3188 -- INTEGRATED FINANCIAL STATEMENT OF WORK MANAGEMENT SYSTEM SOLUTION ,. I/~ust 2 l, 2001 APPENDIX A - PROJECT SCOPE DEFINITION The following table is believed to be an accurate sunmqafion of the in-scope funcfionalib- as defined in the RFP and agreed upon in this Statement of Work. This Project Scope Definition xvill be further defined at a detailed level during Phase II, Business Blueprint. European Monetary Union: Euro N Document Management System N Classification System N CAD Integration N II Business Framework Architecture N ~Central Business Partner N General Application Functions N Personalization N IDoc Interfaces for EDI Y !Computer Aided Test Tool N !Open Information Warehouse N iTime Sheet N !Archiving N Global Organization Customizing N AcCOt~ ~ 6E~E~ :. I~ SCOPE 'C0di'ng Block N IAccountingInterface Y }FINANCIAL ACCOu~IN6 i I:N:SC~E General Ledger Accounting Y i Legal Consolidation N Accounts Payable Y Accounts Receivable Y Bank Accounting Y !Asset Accounting Y I I Special Purpose Ledger Y Funds Management Y Travel Management N 23 Overhead Cost Controlling Y Product Cost Controlling Y Profitability Analysis Y PrOfit center Business Planning 'Consolidation Executive Information System Capital Investments P-,EAL. ESTATE J'~/JANAeEMENT; Basic Data Business Partners Rental Input Tax Treatment Third-Party Management Real Estate Controlling Tenant Rental Information System Cash Management Cash Budget Management Treasury Management ,.SCOPE fro! N) I (',' IN scOPE N Loans [ N Risk Management j N LOGIsTIcS (GENERAL) IN SCOPE 1 :(Y oR Logistics Basic Data N Product Data Management i N Batches N Forecast Variant Configuration Engineedng Change Management ' ~",C-i Logistics Information System (LIS) Merchandise Distribution .- -i', COLLIER COUNTY RFP #00.3188 -- INTEGRATED STATEMENT OF WORK FINANCIAL MANAGEMENT SYSTEM SOLUTION :l;gu.r! 2h 2001 SupplyChain Planning Inter (SCPI) N Integration SAP Retail Store N Additional Management N Retail Information System (RIS) N Merchandise and Assortment N Planning , Scheduling N Agency Business (GlobaITrade) N MATER ALS MA~i~:G~EN~':i! !iiiiiiil i~S~ Consumption-Based Planning N Purchasing Y External Services Management Y [Inventory Management Y ,Invoice Verification Y Information System Y Electronic Data Interchange Y t..~s'ncs E~cU'h°N I ~ SCOPE / Decent~aliz'ed WMS integration' ' N Warehouse Management N Shipping N [Transportation N i E QUALITY MANAGEMENT [N $COP :O':OR !QUality'pia'~ning .... N =Quality Inspection N Quality Control N Quality Certificates N Quality Notifications N Test Equipment Management N !PLANT MAtNTENANcE !NSC~E ~Technical Objects N IMaintenance Order Management N I blaintenance Projects N Information System N CUSTOMER SER¥ iN SCO~E , Basic Data N nstaHed Base Management N i Service Agreements N Pro/'¢~.zl~¢~ a,zd Co/yidenti~t/ Cedar ti¢/[eCn'se .%b~tions, 24 Customer Interaction N Call Management N Service Processing N Billing and Settlement N Information System N Basic Data N Sales and Operations Planning N Master Planning N Capacity Requirements Planning N Matedal Requirements Planning N Production Orders N (ANBAN N Repetitive Manufacturing N Assembly Processing N ~rod. Planning for Process Ind. N Plant Data Collection N Flow Manufacturing N Information System N PROJECT sYSTEM IN SCOPE , O' oR' Structures N Document N Costs N Revenues and Eamings N Payments N Dates N Resources N Material N Confirmation N Simulation N Versions N Progress N SAP Business Workflow N Connection ,Information System N SAL~ & D STR BUTiON I'N SCOPE Vlaster Data N Basic Functions __ N_ Sales N AL: COLLIER, COUNTY RFP #00-3188 -- INTEGRATED FINANCIAL MANAGEMENT SYSTEM SOLUTION STATEMENT OF WORK 200 ~ I Foreign Trade N 'Billing N Sales Support N Information System N Electronic Data Interchange N POS Interface N Environment Management N Dangerous Goods Management N Occupational Health N HUMAN RESOURCE IN SC~E i Recruitment Y [Personnel Administration Y [Benefits Y !HR Information Systems Y i Personnel Development N [Organizational Structure Y !Compensation Management N i Human Resource Funds and Y Position Management Training and Event Management N Personnel Time Management Y Payroll Y EI~PLOYEE SELl: SERVICE INsCOPE i Employee Self-Service Y I HR Manager's Desktop N WOP, XFLOW i Ix SCOPE ~, ,:: J ~Purchase Order Approvals Y '~ Position Requisition Y !New Hire Processing Y iApplication Notification Y : PO Amendment Y j PO Closure Y 25 EXECUTIVE SUMMARY APPROVAL OF THE COLLIER COUNTY GOVERNMENT EQUAL EMPLOYMENT OPPORTUNITY PLAN OBJECTIVE: To request BCC approval of the Collier County Government Equal Employment Opportunity Plan. CONSIDERATION: The BCC is the grantee for grant funding received by the Sheriff's Office and various Divisions of the BCC from the U.S. Department of Justice. The Department of Justice requires the grantee to have an Equal Employment Opportunity Plan (EEOP). The purpose of an EEO Plan is to ensure full and equal participation of men and women regardless of race or national origin in the workforce of the recipient. As a recipient, the Board Agency is required to maintain an EEOP on file for review by the Office of Justice during their monitoring visits. An EEOP is a document that analyzes the agency's workforce in comparison to its relevant labor market data and all agency employment practices to determine their impact on the basis of race, sex, or national origin. The report includes the County's EEO Policy, the results of the comparison of labor market data, and goals and objectives to overcome any deficiencies. The plan has been reviewed by the County Attorney's Office. FISCAL IMPACT: There is no fiscal impact for the plan. However, the EEOP is a grant requirement for receiving the grant funding. The Sheriff's Office effective grants awards total $13,198,009 from the Office of Justice Programs. Failure to have an EEOP could result in suspension of draw down of funds until an EEOP has been approved. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: It is recommended that the Board approve the Collier County Board Agency Equal Employment Opportunity Plan. George Bradley, / Human Resources Director Date: APPROVED BY: .. l[//I ,, Jo-Anne Varcoe-Leamer, Support Services Administrator Date: AGENDA iTEM Collier County Equal Employment Opportunity Plan Introduction This Equal Employment Opportunity Plan has been developed by the Human Resources Department of Collier County Government to comply with its legal obligations and in furtherance of its policy of providing equal employment. Goals have been established to this policy and will be used to further our objectives of equal employment opportunity. The plan is designed to provide guidance to management with respect to Collier County's commitment to full implementation of its Equal Opportunity Plan. This plan is for the period of October 1,2001 through September 30, 2002. The Collier County Board of Commissioners is the Grantee for U.S. Department of Justice Grants to the Collier County Sheriff's Office. The Sheriff's Grant numbers as of August 17, 2001 are as follows: CFDA 16.607 1999SH~VX0314 2000SI-~VX00839 98CLWX0131 2000CMSVX005 8 95CCWX0265 AL00050401 01-0338 0 l CJ9M092101223 98LBVX4249 99LBVXT088 2000LBVX0998 99APVX0568 2000APBX0483 00CJDB092101004 00DVF 1092101042 01CJJ1092101001 00CJD8092101003 FT01240701 V0009 V9010 For information regarding the Sheriff's projects, contact Joyce Houran, Grant Coordinator at 941- 793-9346. As the chief policy-determining body of the County, the Collier County Board of Commissioners is responsible for providing the residents of Collier County services that protect their health, safety and welfare. To this end, the Board hires a County Manager to manage the operations that provide quality services to the citizens. The main Collier County Government Center is located at 3301 Tamiami Trail East, Naples, Florida 34112. AG~'NDi~, ITEM SEPll 2fl01 Collier County Equal Employment Opportunity Plan Page 2 of 5 Personnel Management Overview The Collier County Board of Commissioners establishes Human Resources policies and the County's Human Resources Department develops the procedures to administer the policies. These Human Resources procedures are compiled in a manual, which is distributed and reviewed with all employees at New Hire Processing following their date of hire. The manual is updated as necessary to meet the needs of the organization. The County Manager approves all revisions to the procedures. The Board of County Commissioners approves all revisions in policies. Revisions to the policies and procedures are distributed to existing employees for inclusion in their copy of the Practices and Procedures Manual. Collier County Policy The Human Resources Practices and Procedures manual contains the County's Equal Employment Opportunity procedure. This procedure was established effective October 1, 1990, and has recently been updated by the County Manager effective March 17, 1999. The procedure follows: It is the practice of the County to ensure that all Human Resources procedures are in compliance with state and federal law. The Coun~ prohibits discrimination as defined by the state and federal law. All Human Resources practices, including compensation, benefits, discipline, safe~., as well as social and recreational activities will be administered and conducted in compliance with state and federal law. Ail recruitment, selection, placement, pro,notion, transfer, training, and layoff decisions will be based solely on the candidates/employee's job-related qualifications and abilities. Seniority may be considered, as a factor given other factors are equal. An outreach program may be utilized to recruit, hire ad ensure advancement of qualified minority group members, women, disabled individuals and veterans. Collier County Government will take necessary, steps to ensure that the work environment is free of unlawfid discrimination or harassment. AGENDA ITEM SEP l l Collier County Equal Employment Opportunity Plan Page 3 of 5 The organization will continue to review its Human Resources procedures to ensure that its supervisors and managers adhere to its commitment to Equal EmpIoy~nent Opportunity (EEO) principles. Employees who have EEO-related questions, comments, or complaints are encouraged to discuss them with their supervisor. If they are unable to resolve the situation through their supervisor, they may discuss it with their Department Director, Division Administrator or a representative from the Human Resources Department. The employee may also utilize the Commitment to Fair Treatment Procedure. Utilization Analysis Attachment "A" is the Collier County Board of Commissioners' Workforce Analysis. Please note that the Collier County Board's workforce is comprised of employees for five (5) of the EEO categories - Officials/Administrators, Professionals, Technicians, Office/Clerical, and Service and/or Maintenance. Attachment "B" is the Community Labor Statistics for the five applicable EEO categories utilizing the 1990 U.S. Census data. Attachment "C" is the Utilization Analysis derived from the comparison of the Board's work_force to the labor market data. Relevant information regarding the Utilization analysis is provided below: 1. Overall, the Collier County Board's workforce is under-represented in the areas of female employees in the EEO categories of Officials and Managers, Technicians and Service/Maintenance Workers. 2. Also under-represented are male employees in the category of Office/Clerical. 3. Hispanic male employees are under-represented in the category of Officials/Administrators and in the total number of Hispanic male workers. 4. Black females are well represented in the category of Officials/Administrators. 5. Hispanic females are well represented in the categories of Office/Clerical. 6. Black males are well represented in the categories of Professionals, Office/Clerical and Service/Maintenance. 7. Hispanic males are well represented in the categories of Professional. 8. Asian/Pacific islanders are well represented in the category of professional. AGENDA IIEM SE? 11 2 01 Collier County Equal Employment Opportunity Plan Page 4 of 5 Objectives It is our objective to increase female representation in our workforce. It is our goal to increase females in upper level positions to be consistent with the Community Labor Workforce. It is our goal to increase the minority populations in the categories that are underutilized. It is our objective to increase the awareness of hiring authorities of the county's statistics in employee population in relation to gender and race. Steps to Achieve to Obiectives 1. Networks will be expanded with local professional women's and minority associations to encourage qualified applicants. 2. The relationship with the Black and Hispanic Advisory Boards will be utilized to encourage input when vacancies occur in professional and administrative positions. 3. The practice of posting vacancies on the Internet as well as utilizing a "Jobs Hot Line" phone number will be continued. 4. Advertising in state minority publications will be implemented and advertising in local minority publications will be continued. 5. The practice of mailing or e-mailing weekly job postings to local job service centers will be continued. Examples of centers that receive to County's weekly job vacancies include the State of Florida Division of Rehabilitation; Florida Gulf Coast University's Career Development Center, International College Career Development Center, and the Florida Job Service. 6. Systems will be implemented to monitor employees promotions, demotions, transfers, terminations, retirements and new hire statistics for gender and racial status on a quarterly basis. 7. Systems will be implemented to monitor the applicant pool on a quarterly basis to insure that females and minority candidates are being reached and are not being disproportionately rejected for employment. 8. Meetings will be held on a quarterly basis with County Department Directors to review the statistical information on the gender and racial status of employment actions and vacancy issues. When providing mandatory supervisory training, emphasis will continue to be placed on the importance of equal opportunity in the workplace to ensure the supervisors comply with the County's procedures. 10. The County will continue to offer a diversity-training course to emphasize the benefits of learning how to understand, respect and value the differences. 1]. All county job descriptions will be reviewed and revised when appropriat{ that ay requirements that do not pertain to job performance can be eliminate o to_Js~u~e AGENDA ITEM Collier County Equal Employment Opportunity plan Page 5 of 5 Dissemination The Human Resources Director is assigned the responsibility of taking the necessary actions to achieve the above referenced goals and disseminate this Equal Employment Opportunity Plan to staff, applicants and the general public. All recruiting materials, brochures, publication forms, position postings, and advertisements state that Collier County is an Equal Opportunity Employer. Information regarding equal employment opportunity that is required by he state and federal government is kept current by the Human Resources Department. DATED: August 17, 2001 ATTEST: BOARD OF COUNTY CONE'vlISSIONERS, COLLIER COU~'TY, FLORIDA Dwight E. Brock, Clerk of Courts By: By: James P. Carter, PHD, Chairman Approved as to form and legal sufficiency: Assistant County Attorney AGENOA J,TEM "~ l ..... ........ Collier County Government Labor Statistics ATTACHMENT A Male Officials/Admin 33 80.5% 0 0.0% 32 78.0% 1 2.4% 0 0.00,9 0 0.0% Professionals 143 57.4% 3 1.2% 127 51.0°,9 9 3.6% 4 1.6% 0 0.00,9 'echnicians 288 75.6% 4 1.0% 260 68.2°,,9 21 5.5% 1 0.3% 2 0.59/0 Office/Clerical 34 13.7% 3 1.2% 25 10.0°,9 6 2.4% 0 0.0% 0 0.0°,9 Service/Maint 369 90.2% 33 8.10,9 241 58.9% 93 22.7% 1 0.2% 1 0.20,9 Total, Male· .... · :64 Female Job Category ,otal:;:ii:.::: :. :: iBii~ i i:::: ::i : H ; i;i Officials/Admin 8 19.50,9 1 2.4% 7 17.1°,9 0 0.0% 0 0.099 0 0.0% Professionals 106 42.6% 2 0.8% 97 39.09,.9 5 2.00,9 2 0.8% 0 0.099 'echnicians 93 24.4°,9 0 0.0% 82 21.5% 7 1.8% 3 0.80,9 1 0.3% Office/Clerical 215 86.3% 4 1.60,9 184 73.9% 24 9.6% 2 0.80,9 1 0.4°,9 Service/Ma/hr 40 9.8% 2 0.5% 31 7.6% 7 1.7% 0 0.00,9 0 0.0% Source · August 17, 2001 Board of County Commissioner's Employee Census AGt-~',DA ITEM ,og._ _?_ Community Labor Statistics (CLS) ATTACHMENT B Male :)fficials/Admin 7565 64.3% 62 0.5% 6939 59.0% 535 4.6% 12 0.1% 17 0.1% Professionals 5602 48.9% 20 0,2% 52P_~ 45.6% 119 1.0% 22 0.2% 19 0.2°,/0 'echnicians 1144 54.9% 5 0.2% 1034 49.6% 98 4.7% 0 0.0% 7 0.3% Office/Clerical 3025 21.2% 31 0.2% 2721 19.0% 243 1,7% 21 0.10,/0 9 0.1% Service/Maint 13060 64.7% 849 4.2% 7324 36.3% 4761 23.6% 53 0.3% 73 0.4% TOtal,: Mate:::i ;:; ~ :ii 30196 :: 50~7t ,~:::::967 :~::!3.2 ~ 23240 :.: ~.0 57 Y, ...... Female JOb Category ::i:: ~otal :: :: ::::::::::::::::::::::::::: : :f:::: : ::f: :: :: :::::::: iiiiiii:iiiiiii Uiiii ~ i i ~!ii::~ ;-ii:~:i::i:~ii~:~!~ i:' i :. ~+:~-i ~!1}i111!i ~ iii:!:!~ 1:1'2 '];:i::~ ?!!:!:?~!:2:!:; ~":::::::::::::::::::::::: ~'O: ::;:::¥ :::::-:.:': ri: ::::::::::::::::::::::::::::::::::::::::::::::::::::: -,:,:,::.: :';-:' ':":' ':': :' ':' ...... ' :'' ...... ...... ' ........ )fficials/Admin 4192 35.7% 2g 0.2% 3822 32.5% 320 2.7% 8 0.1% 13 0.1% ~rofessionals 5844 51.1% 95 0.8% 5417 47.3% 286 2.5% 3O 0.3% 16 0.1% Fechnicians g3g 45.1% 59 2.8% 836 40.1% 44 2.1% 0 0.00,/0 0 0.0°,/0 Office/Clerical 11263 78.8% 27g 2.0% 10135 70.9% 762 5.3% 2g 0.2% 52 0.4% Service/Maint 7127 35.3% 725 3.6% 4525 22.4% 1818 g.0% 39 0.2% 20 0.1% :,.:::: 0,~,%: 101 .: 0,3% Source: 1990 U.S. Census of Population and Housing Categories: B: Black W: White H: Hispanic A/Ah Asian or Pacific Islander Al/AN: American Indian or Alaskan native AGENDA ITeM No._ c,:, it 2, tlti! Utilization Analysis ATTACHMENT C Male Officials/Admin 16.1% -0.5% 19.0% -2.1% -0.1% -0.1% Professionals 8.5% 1.0% 5.4% 2.6% 1.4% -0.2% Technicians 20.7% 0.8% 18.6% 0.8% 0.3% 0.2% Office/Clerical -7.5% 1.0% -9.0% 0.7% -0.1% -0.1% S ervice/Maint 25.5% 3.9% 22.6% -0.8% 0.0% -0.1% Female Officials/Ad rain -16.1% 2.2% -15.4% -2.7% -0.1% -0.1% Pro fessia nals -8.5% 0.0% -8.4% -0.5% 0.5% -0.1% Technicians -20.7% -2.8% -18.6% -0.3% 0.8% 0.3% Office/Clerical 7.5% -0.3% 3.0% 4.3% 0.6% 0.0% S e trice/Ma i n t -25.5% -3.1% - 14.8% -7.3% -0.2% 0.0% ::::':::!: ........... ~ ::: ::.:~ ~ ~ ~ :~i :::::~ AGENDA ITEM SEP i 2118! EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO THE GROUP HEALTH PLAN IN THE AMOUNT OF $1,800,000, RECOGNIZING ADDITIONAL PREMIUM REVENUE AND INCREASING BUDGETED EXPENDITURES FOR INSURANCE CLAIMS, REINSURANCE, AND CONSULTANTS FEES THROUGH SEPTEMBER 30, 2001. OBJECTIVE: To seek approval from the Board of Commissioners of a budget amendment to the Group Hcalth Plan that recognizes additional unbudgeted premiums and increases budgeted expenditures for Insurance Claims, Reinsurance, and Consultants Fees through September 30, 2001. CONSIDERATIONS: The Board of Commissioners operates a self-insured group health insurance program to provide health insurance for its eligible employees and those of participating constitutional officers. The Board of Commissioners is required by Florida Statute 112.08 to complete an actuarial study as of September 30~h each year to assure the proper funding of the plan. Staff has utilized these actuarial evaluations to project future plan costs for reserving, budgcting and rating purposcs. Actuarial cvaluations completed in FY 00 recommended that the County budget $6,800.000 for claims expenditures in FY 01. Actual claims experience is trending above the'actuarial forecast at this point duc to thc increase in thc number ofemployccs filing claims, rising cost of prescription drugs and large losses. Expcctcd claims cxpcricncc for FY 01 is anticipated to be $8,450,000 in FY 01 based on staff's projection. In addition to increased claims costs, the cost of reinsurance has increased significantly in FY 01. Originally, $392.000 was budgeted for reinsurance prcmiums. However. in Deccmbcr staff reccivcd a premium increase notice of over 35% from thc incumbent cartier. The program was markctcd and thc incumbent was found to be the most competitive carrier. This increase will result in anticipatcd FY 01 expenditures of $472.000. In the last quarter of FY 00, staff recognized that hcalth cost trends xx'crc rapidly increasing and thcrc was a need to idcntifx the reasons for such increase and develop a strategy for changc. As a result, thc county relcascd an RFP for gcnefits consulting scr~'iccs. In Scptcmbcr, 2000 thc Board axx'arded thc RFP to Willis Corporation to administcr actuarial serviccs; perform cmplovcc locus groups: provide critical factors analysis of plan costs: group health plan design: benefit plan design} and reporting services. Duc to thc tinting in releasing the RFP. the final adopted budget for FY 01 did not reflect the anticipated costs of thcsc scr~'iccs. $6000 was budgctcd in FY 01 for basic actuarial compliance services. However, due to the increased scope of work needed to address the significant issues involved it is anticipated that the cost xx5ll be approximately $76,000 in FY 01. In anticipation of a funding shortfall in FY 01, it was decided to collect all monies allocated within departmental budgets to assure sufficient revenue to the fund. Normally, premium billings are based upon actual filled positions and billed accordingly. However, duc to attrition thcrc arc budgctcd premiums for unfillcd positions that are also available for collection. These "attrition" monies arc also rccognizcd as part of this budget amendment request. j SEP ....';' i In order to avoid a delay in the release of claims pasmcnts due to a potential funding insufficiency, it is requested that budget amendments of $1,800,000 be approved to fund claims through Septcmbcr .~0, 2001. Based upon the issues previously discussed, a budget amendment is neccssan.' to fund program costs for the o remainder of FY 01. Please note the follm~Sng actual and projected infommtion: FY 01 FY 01 Amended Difference Budgctcd Claims $6,800,000 $8,450,000 $1,650,000 Reinsurance $392,000 $472,000 $80.000 Insurance Consulting Fees $6,000 $76,000 $70,000 Total Expcnditures $1,800,000 Health Insurance Premiums $7,500,000 $9,300,000 $ 1,800.000 Total Revenues $1,800.000 GROWTH MANAGEMENT IMPACT: There is no groxxXh management impact associated x¥ith this item. FISCAL IMPACT;. Approval of said budget amcndmcnt xxill recognize Sl.800,000 in additional revenue from budgctcd but uncollected prcmiums allocated xvithin departmental budgets and incrcasc appropriated expenditures by $1,800,000 as described abo~c. RECOMMENDATION: It is recommended that the Board approve a budget amcndmcnt as described herein to fitnd health insurance program costs in thc amount ors 1,800,000. J~ff~V,~l'kcr. CPCU, ARM, Director, Risk Management Department DATE: REVIEWED BY: Jo-Anne Varcoc-Lcamcr, Support Serviccs Administrator APPROVED B~~'-'~ C'~ .,~ ~ ~omas-X~'. Oliiff, C~uu~t.x'~ager EXECUTIVE SUMMARY AUTHORIZE ACCEPTANCE OF STATE FUNDING FOR VOTING SYSTEMS OBJECTIVE: To accept appropriated funds from' the Division of Elections of the Department of State as adopted in the 2001-2002 General Appropriations Act for Voting Systems Assistance. CONSIDERATIONS: The Division of Elections has allocated Collier County $360,000.00 in voting systems assistance. The Florida Legislature passed the Election Reform Act of 2001 making sweeping reforms in the electoral process. Included in the Act is state funding to counties for the purchase of voting systems. The formula for the allocation is $3,750 per precinct based on the number of precincts certified by the Department of State for the 2000 General Election. This allocation is to be distributed in two equal installments. In addition, the distribution of the funds requires approval of the attached Memorandum of Agreement by the governing body of the county. FISCAL IMPACT: The Collier County Board of Commissioners will receive $360,000 in two equal installments. Payment of the first installment shall be as soon as possible after execution of the attached agreement. Subject to availability of funds as appropriated by the Florida Legislature, a separate agreement shall be executed for the disbursement of the second installment. These funds will be appropriated in the County-wide Capital CIP Fund (301). GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Collier County Board of County Commissioners authorize the Chairman to sign the Memorandum of Agreement. ~//~ennifer J/~'dv/.gr~s) Supervisbr'of Elections MEMORANDUM OF AGREEMENT This agreement, effective as of~ day of , 2001, is by and between, the State of Florida, Department of State, Division of Elections ("Department"), the address of which is 400 S. Monroe, Room 1801, Tallahassee, Florida 32399 and Collier County Board of County Commissioners ("County") the address of which is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, section 76, of'Chapter 2001-40, Laws of Florida, provides for the disbursement of funds to be used for voting systems assistance. I. Governing Law Funds appropriated to the Division of Elections of the Department of State in the 2001-2002 General Appropriations Act for Voting Systems Assistance shall be distributed to the counties in the following manner: 1. Counties having a population of 75,000 or fewer based on the 2000 census shall receive a total of $7,500 per precinct based on the number of precincts as certified by the Department of State for the 2000 General Election, to be distributed in ~'o equal installments. 2. All other counties shall receive a total of $3,750 per precinct based on the number of precincts as certified by the Department of State for the 2000 General Election, to be distributed in two equal instalLments. II. Disbursement Each county shall receive a sum certain as provided above and outlined in Appendix A. The first installment shall be paid as soon as possible after the execution of this agreement. Subject to availability of funds as appropriated by the Florida Legislature, a separate agreement shall be executed for the disbursement of the second installment. III. Audits The administration of funds awarded by the Department of State to the County may be subject to audits and monitoring by the Department of State, as described in this section. 1. In the event that the County expends a total amount of State awards (i.e., State financial assistance provided to the County to carry out a State project) equal to or in excess of $300,000 in any fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. Appendix A to this agreement ,AGENDA, I T E~.~ SE¢ 11 2001 indicates State funds awarded through the Department of State by this agreement. In determining the State awards expended in this fiscal year, the County shall consider all sources of State awards, including State funds received from the Department of State, except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed above, the County shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the county expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the even that the County expends less than $300,000 in State awards in its fiscal year and elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from County funds obtained from other than State entities). 4. The Internet web addresses listed below will assist the County in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department of Banking and Finance (Comptroller) http://www, db f. st ate. fl. us State of Florida Office of the Auditor General Rules Index http ://,,wwv. state, fl .us/audeen/paees/rulepage.htm State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www, leg.state.fl.us IV. Report Submissions Copies of reporting packages required by PART III of this agreement shall be submitted by or on behalf of the County directly to each of the following: 1. The Department of State at the following address: Department of State Division of Elections The Capitol, Room 1801 Tallahassee, Florida 32399-0250 i AGENDA'~EM } · 2. The Auditor General's Office at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 V. Record Retention The .County shall retain sufficient records demonstrating its compliance with the terms of the agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of State, or its designee, access to such records upon request. The County shall ensure that audit working papers are made available to the Department of state, or its designee, upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department of State. IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned officials as duly authorized Department of State, Division of Elections: County Commission: By: By: Division Director Witness Typed name and title Date Witness Date ,,AGENDA IT, EM / SEP tl 20111 CS/SB 1118 FLORIDA ELECTION REFORM ACT OF 2001 STATE FUNDING ASSISTANCE FOR PURCHASE OF, OR REIMBURSEMENT FOR NEW VOTING MACHINES FUNDING ASSUMPTIONS: (1) Counties with populations of 75,000 or less receive full state funding assistance. Counties with populations over 75,000 receive 50% of full state funding assistance. (2) Full state funding assistance is set at $7,500 per precinct, based on a survey of 16 counties that have purchased optical scan precinct-based voting systems. Actual costs identified from that survey range from $5,000 to $10,000 per precinct, generally including the cost of installation and training, and in some cases including other enhancements. (3) State funding assistance will be disbursed in two equal installments on July 1,2001 and July 1, 2002 in order to match cash disbursements with expected vendor payment schedules. SMALL COUNTIES - POPULATION OF 75,000 OR LESS TOTAL STATE 2000 CENSUS NUMBER OF STATE FUNDING FUNDING FOR COUNTY POPULATION~ PRECINCTS2 PER PRECINCT COUNTY BAKER 22,259 8 $7,500 $60,000 BRADFORD 26,088 20 $7,500 $150,000 CALHOUN 13,017 13 $7,500 $97,500 COLUMBIA 56,513 31 $7,500 $232,500 DESOTO 32,209 15 $7,500 $112,500 DIXIE 13,827 12 $7,500 $90,000 FLAGLER 49,832 27 $7,500 $202,500 FRANKLIN 11,057 8 $7,500 $60,000 GADSDEN 45,087 16 $7,500 $120,000 GILCHRIST 14,437 12 $7,500 $90,000 GLADES 10,576 13 $7,500 $97,500 GULF 13,332 14 $7,500 $105,000 HAM ILTO N 13,327 8 $7,500 $60,000 HARDEE 26,938 12 $7,500 $90,000 HENDRY 36,210 22 $7,500 $165,000 HOLMES 18,564 16 $7,500 $120,000 JACKSON 46,755 27 $7,500 $202,500 JEFFERSON 12,902 13 $7,500 $97,500 LAFAYE'I-FE 7,022 5 $7,500 $37,500 LEVY 34,450 21 $7,500 $157,500 LIBERTY 7,021 8 $7,500 $60,000 MADISON 18,733 11 $7,500 $82,500 NASSAU 57,663 21 $7,500 $157,500 OKEECHOSEE 35,910 18 $7,500 $135,000 PUTNAM 70,423 50 $7,500 $375,000 SUMTER 53,345 24 $7,500 $180,000 SUWANNEE 34,844 16 $7,500 $120,000 TAYLOR 19,256 14 $7,500 $105,000 UNION 13,442 11 $7,500 $82,50~ WAKULLA 22,863 12 $7,500 $90,000 WALTON 40,601 32 $7,500 $240,00(~ Appendix A.x/s SB 1118 8/7/01 8:37AM AGEND~ .~ ~1o~£? I i 21]~ p~. ~' IWASHINGTON I 20,973 I 15 I $7'5001 $112'5001 SUBTOTAL $4,087,500 LARGE COUNTIES -POPULATION OVER 75,000 TOTAL STATE 2000 CENSUS NUMBER OF STATE FUNDING FUNDING FOR COUNTY POPULATION~ PRECINCTS2 PER PRECINCT COUNTY ALACHUA 217,955 53 $3,750 $198,750 BAY 148,217 47 $3,750 $176,250 BREVARD 476,230 177 $3,750 $663,750 BROWARD 1,623,018 618 $3,750 $2,317,500 CHARLOTTE 141,627 63 $3,750 $236,250 CITRUS 118,085 35 $3,750 $131,250 CLAY 140,814 51 $3,750 $191,250 COLLIER 251,377 96 $3,750 $360,000 DUVAL 778,879 268 $ 3,750 $1,005,000 ESCAMBIA 294,410 108 $3,750 $405,000 H ERNAN DO 130,802 51 $3,750 $191,250 HIGHLANDS 87,366 24 $3,750 $90,000 HILLSBOROUGH 998,948 320 $3,750 $1,200,000 INDIAN RIVER 112,947 38 $3,750 $142,500 LAKE 210,528 86 $3,750 $322,500 LEE 440,888 150 $3,750 $562,500 I_EON 239,452 95 $3,750 $356,250 MANATEE 264,002 135 $3,750 $506,250 MARION 258,916 96 $3,750 $360,000 VIARTIN 126,731 40 $3,750 $150,000 MIAMI-DADE 2,253,362 617 $3,750 $2,313,750 MONROE 79,589 33 $3,750 $123,750 OKALOOSA 170,498 48 $3,750 $180,000 ORANGE 896,344 231 $3,750 $866,250 OSCEOLA 172,493 66 $3,750 $247,500 PALM BEACH 1,131,184 531 $3,750 $1,991,250 =ASCO 344,765 132 $3,750 $495,000 PINELLAS 921,482 345 $3,750 $1,293,750 POLK 483,924 163 $3,750 $611,250 SANTA ROSA 117,743 36 $3,750 $135,000 SARASOTA 325,957 142 $3,750 $532,500 SEMINOLE 365,196 133 $3,750 $498,750 ST. JOHNS 123,135 57 $3,750 $213,750 ST. LUClE 192,695 78 $3,750 $292,500 VOLUSIA 443,343 172 $3,750 $645,000 SUBTOTAL $20,006,250 TOTAL STATE FUNDING ALL COUNTIES AMOUNT APPROPRIATED FOR 2001-2002 AMOUNT APPROPRIATED FOR 2002-2003 Source: The Florida Legislature, Office of Economic and Demographic Research: http://www, state.fl, us/edr/Population/ce nsus_counts.xls Appendix A.xl$ SB 1118 8/7/01 8:37 AM $24,093,750 $12,046,875 $12,046,875 AGENDA LTEM pg._ Source: Florida Department of State, Division of Elections: http:llelection.dos.state.fl.uslpdfl2OOOvoterregl2OOOgenrace.pdf AGENDA ITEM ,Og.._ Appendix A.xls SB 1118 8/7/01 8:37 AM Page 3 of 3 EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT THE 2002 FISCAL YEAR PAY AND CLASSIFICATION PLAN, PURSUANT TO § 125.74(1)(h), Fla. Stat. OBJECTIVE: To adopt the Pay and Classification Plan for 2002 to be effective with the first pay period of Fiscal Year 2002, which begins September 22, 2001. CONSIDERATION: Collier County has been recognized as one of the fastest growing metropolitan areas in the country. Growth of this magnitude impacts all areas of the County, including its ability to attract and retain high quality employees. To attain this strategic objective, it is essential that base salaries and ranges be competitive. This would include the implementation of a new classification plan and structure as a result of the Board of County Commissioners approval of the DMG Maximus study, on January 23, 2001. As the result of a study completed by DMG Maximus, the pay plan as well as the classification plan and structure have been changed to reflect the current competitiveness of our positions. This would also include salary adjustments to ensure that employees who may be lower than the new minimum salaries receive adjustments to their current salary to bring them to the new minimum salary. This recommendation has been reviewed by the Human Resources Department, the Administrators for each Division, and the County Manager. It has been agreed that the changes to the pay and classification plan are consistent with the intent of the Board of County Commissioners to demonstrate to their employees their continued effort to acknowledge the need to remain competitive and attract and retain high quality employees. This revised pay plan and structure is part of this Executive Summary and is identified as 'Exhibit A'. FISCAL IMPACT: The estimated fiscal impact for this implementation and adjustments to the minimum salary range is $ 350,000.00. Funds are currently budgeted in the FY 02 proposed budget under reserves at the fund level and will be moved to the appropriate cost centers within each fund. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board adopt the attached FY 2002 Pay and Classification Plan as well as authorize the September 22, 2001 implementation and M ager to implement and administer this revised program as stated. direct the County ~/,~~~ /~f'A~E,~,~EM..- ] SEP 112001 J P~, / SUBMITTED BY: Employee Relations Supervisor Human Resources "George P( Bradley, Director U ' Human Resources Department- Date: APPROVED BY: JoA6ne Varcoe-Leamer, Administrator Support Services Division SEP 11 2001 pg, 2__ COllier County Pay Plan Effective October 1,2001 GRADE TITLE 4 COURIER CUSTODIAN LIBRARY PAGE 5 INVENTORY CLERK MAIL CLERK PARK & RECREATION ATTENDANT 7 LIFEGUARD PARK & RECREATION ASSISTANT CUSTOMER SERVICE REPRESENTATIVE LIBRARY ASSISTANT MAINTENANCE WORKER FISCAL REPRESENTATIVE KENNEL TECHNICIAN METER READER SECURITY OFFICER 10 11 COORDINATOR, TRANSPORTATION EQUIPMENT OPERATOR LABORATORY TECH ASSISTANT PARTS CLERK PLANT OPERATOR, TRAINEE SERVICE WRITER TRAFFIC SIGN TECHNICIAN 12 4-H OUTREACH COORDINATOR AUTOMOTIVE TECHNICIAN CUSTOMER SERVICE SPECIALIST LIBRARY ASSOCIATE MUSEUM ASSISTANT MUSEUM VOLUNTEER COORDINATOR PARK & RECREATION PROGRAM LEADER SECURITY SERGEANT UTILITY TECHNICIAN MIN MID 16,842 16,842 16,842 17,667 17,667 17,667 18,551 19,480 19,480 20,453 20,453 20,453 21,476 21,476 21,476 21,476 22,549 23,676 23,676 23,676 23,676 23,676 23,676 23,676 25,111 25,111 25,111 25,111 25,111 25,111 25,111 25,111 25,111 MAX 22,737 22,737 22,737 23,850 23,850 23,850 25,044 26,297 26,297 27,612 27,612 27,612 28,992 28,992 28,992 28,992 30,440 31,963 31,963 31,963 31,963 31,963 31,963 31,963 33,900 33,900 33,900 33,900 33,900 33,900 33,900 33,900 33,900 EXHIBIT A 28,632 28,632 28,632 30,034 30,034 30,034 31,537 33,115 33,115 34,771 34,771 34,771 36,508 36,508 36,508 36,508 38,332 40,250 40,25O 40,250 40,250 40,250 40,250 40,250 42,689 42,689 42,689 42,689 42,689 42,689 42,689 42,689 42,689 Page 1 of 6 Collier County Pay Plan GRADE 13 14 15 16 TITLE ADMINISTRATIVE AIDE TO THE BCC ADMINISTRATIVE SECRETARY EQUIPMENT OPERATOR, SENIOR FISCAL TECHNICIAN GRAPHICS TECHNICIAN HUMAN RESOURCES TECHNICIAN LIBRARY TECHNOLOGY SPECIALIST MAINTENANCE SPECIALIST PARK RANGER PERMITTING TECHNICIAN PLANT OPERATOR PURCHASING TECHNICIAN TRADESWORKER, APPRENTICE ANIMAL CONTROL OFFICER ASST REUSE COORDINATOR CODE ENFORCEMENT INVESTIGATOR CREW LEADER GRAPHICS TECHNICIAN, SENIOR IMPACT FEE SPECIALIST R S V P COORDINATOR TRAFFIC SIGNAL TECHNICIAN ADMINISTRATIVE ASSISTANT ADMINISTRATIVE SUPERVISOR ASST RECYCLING COORDINATOR CREW LEADER, SENIOR EMERGENCY MANAGEMENT TECHNICIAN FEMA COORDINATOR HEAVY EQUIPMENT OPERATOR LABORATORY TECHNICIAN LICENSING COMPLIANCE OFFICER NETWORK SPECIALIST PARTS MANAGER PLANNING TECHNICIAN SCADA OPERATOR SHIP LOAN PROCESSOR TELECOMMUNICATIONS ANALYST TRADESWORKER, JOURNEYMAN ACCOUNTING TECHNICIAN ADMINISTRATIVE ASSISTANT, SENIOR AUTOMOTIVE TECH, PRINCIPAL ENGINEERING TECHNICIAN EXECUTIVE SECRETARY FACILITIES COMPLIANCE OFFICER INSTRUMENTATION/ELECTRICAL TECHNICIAN LEADER, PARK RANGER LIBRARY OUTREACH SPECIALIST PLANT MECHANIC PLANT OPERATOR, SENIOR PROPERTY ACQUISITION SPECIALIST PUBLIC INFORMATION SPECIALIST SIGNAL SYSTEMS OPERATOR SPECIAL EVENTS COORD WELL DRILLING INSPECTOR Page 2 of 6 MIN 26 367 26 367 26 367 26 367 26 367 26367 26,367 26,367 26,367 26,367 26,367 26,367 26,367 27,686 27,686 27,686 27,686 27,686 27,686 27,686 27,686 29 070 29 070 29 07O 29 070 29 070 29 070 29 070 29 070 29 07O 29,070 29,070 29,070 29,070 29,07O 29,070 29,07O 30,524 30,524 30,524 30,524 30,524 30,524 3O,524 3O,524 30,524 30,524 30,524 30,524 30,524 30,524 30,524 30,524 MID 35,596 35,596 35,596 35,596 35,596 35,596 35,596 35,596 35,598 35,596 35,596 35,596 35,596 37 376 37 376 37 376 37 376 37 376 37 376 37 376 37 376 39,245 39,245 39,245 39,245 39,245 39,245 39,245 39,245 39,245 39,245 39,245 39,245 39,245 39,245 39,245 39,245 41,207 41,207 41,207 41,207 41,207 41,207 41,207 41,207 41,207 41,207 41,207 41,207 41,207 41,207 41,207 41,207 EXHIBIT A MAX 44,824 44,824 44,824 44,824 44,824 44,824 44,824 44,824 44,824 44,824 44,824 44,824 44,824 47,066 47,066 47,066 47,066 47,066 47,066 47,066 47,066 49,420 49,420 49,42O 49,420 49,420 49,420 49,42O 49,420 49,420 49,420 49,420 49,420 49,420 49,42O 49,420 49,420 51 890 51 890 51 890 51 890 51 890 51 890 51 890 51 890 51 890 51890 51,890 51,890 51,890 51,890 51,890 51,890 SEP 11 2001 P~._ Y Collier County Pay Plan GRADE 17 TITLE BENEFITS COORDINATOR EXECUTIVE AIDE TO THE BCC FACILITIES PLANT OPERATOR FIELD SUPERVISOR LIBRARIAN LICENSING COMPLIANCE OFFICER, SENIOR METER READING SUPERVISOR MUSEUM CURATOR, COLLECTIONS MUSEUM CURATOR, EDUCATION PARKS SPECIAL POPULATIONS COORDINATOR PROPERTY ACQUISITION SPECIALIST, SR SUPERVISOR, GRAPHICS SUPERVISOR, PARKS PROGRAMS TRADESWORKER, MASTER MIN 32,050 32,050 32,050 32,050 32,050 32,050 32,050 32,050 32,050 32,050 32,050 32,050 32,050 32,050 MID 42,466 42,466 42,466 42,466 42,466 42,466 42,466 42,466 42,466 42,466 42,466 42,466 42,466 42,466 EXHIBIT A MAX 52,882 52,882 52,882 52,882 52,882 52,882 52,882 52,882 52,882 52,882 52,882 52,882 52,882 52,882 18 19 BUILDING INSPECTOR CABLE FRANCHISE COORDINATOR CASE MANAGER CHEMIST EDITORNIDEOGRAPHER ENGINEERING INSPECTOR ENVIRONMENTAL SPECIALIST EXECUTIVE ASSISTANT FIELD SUPERVISOR, SENIOR LIBRARIAN, SENIOR PLANNER PLANS REVIEWER PLANS REVIEWER-SIGNS PROPERTY MANAGEMENT SPECIALIST PUBLIC INFORMATION COORDINATOR PURCHASING AGENT SECURITY LIEUTENANT VETERAN SERVICES OFFICER ACCOUNTANT ENVIRONMENTAL SPECIALIST, SENIOR EXECUTIVE MANAGER TO THE BCC EXTENSION AGENT HUMAN RESOURCES GENERALIST MANAGEMENT/BUDGET ANALYST OPERATIONS ANALYST PERMITTING SUPERVISOR REVENUE SUPERVISOR REVIEW APPRAISER RIGHT OF WAY COORDINATOR SAFETY COORDINATOR SHIP PROGRAM COORDINATOR SUPERVISOR, ANIMAL CONTROL SUPERVISOR, ATHLETICS SUPERVISOR, CODES ENFORCEMENT SUPERVISOR, COMMUNITY CENTERS TECH SUPPORT PROFESSIONAL TOURIST DEVELOPMENT TAX COORDINATOR Page 3 of 6 33,653 33,653 33,653 33,653 33,653 33,653 33,653 33,653 33,653 33,653 33,653 33,653 33,653 33,653 33,653 33,653 33,653 33,653 35,726 35,726 35,726 35,726 35,726 35,726 35,726 35,726 35,726 35,726 35,726 35,726 35,726 35,726 35,726 35,726 35,726 35,726 44,590 44,590 44,590 44,590 44,590 44590 44 590 44 590 44 590 44 590 44 590 44 590 44 590 44,590 44,590 44,590 44,590 44,590 47,336 47,336 47,336 47,336 47,336 47,336 47,336 47,336 47,336 47,336 47,336 47,336 47,336 47,336 47,336 47,336 47,336 47,336 55,527 55,527 55,527 55,527 55,527 55,527 55,527 55,527 55,527 55,527 55,527 55,527 55,527 55,527 55,527 55,527 55,527 55,527 58,947 58,947 58,947 58,947 58,947 58,947 58,947 58,947 58,947 58,947 58,947 58,947 58,947 58,947 58,947 58,947 58,947 58,947 AGENDA lT..EM No ..... SEP Collier County Pay Plan GRADE TITLE MIN 20 ACCOUNTANT, SENIOR ARCHITECT CONTRACTS AGENT ECONOMIC DEVELOPMENT MANAGER ENVIRONMENTAL COMPLIANCE COORDINATOR FLEET MAINTENANCE SUPERVISOR HUI MANAGER LABORATORY SUPERVISOR LANDSCAPE ARCHITECT OCCUPATIONAL HEALTH NURSE PLANNER, SENIOR RECYCLING COORDINATOR REUSE COORDINATOR RISK MANAGEMENT ANALYST SUPERVISOR, ENGINEERING INSPECTIONS WELLNESS COORDINATOR 21 APPLICATIONS ANALYST BUILDING MAINTENANCE SUPERVISOR CAREER DEVELOPMENT COORD COMPENSATION COORDINATOR ENVIRONMENTAL SPECIALIST, PRINCIPAL EXTENSION AGENT, SENIOR IMPACT FEE COORDINATOR INTER-DEPARTMENT SUPERVISOR, IMMOKALEE LIBRARIAN SUPERVISOR LIBRARY AUTOMATION SPECIALIST LIBRARY BRANCH MANAGER MUSEUM MANAGER PURCHASING SUPERVISOR REAL PROPERTY SUPERVISOR SUPERVISOR, PARK RANGERS SUPERVISOR, RECREATION SUPV, VEGETATION MANAGEMENT TECH SUPPORT PROFESSIONAL, SR TRAINING COORDINATOR 22 ACCOUNTING SUPERVISOR CHIEF BUILDING INSPECTOR ENGINEER FIELD ENGINEERING INSPECTOR HOUSING DEVELOPMENT MANAGER LAND SURVEYOR LIBRARIAN SUPERVISOR, SENIOR MANAGEMENT/BUDGET ANALYST, SENIOR MANAGER, PARK OPERATIONS MGR, OCCUPATIONAL HEALTH & SAFETY NETWORK ENGINEER PLANNER, PRINCIPAL PROJECT MANAGER REVENUE MANAGER SUPV, EMPLOYMENT OPERATIONS 37 474 37 474 37 474 37 474 37 474 37 474 37 474 37 474 37 474 37 474 37 474 37 474 37 474 37 474 37 474 37 474 39 348 39 348 39 348 39 348 39 348 39 348 39 348 39 348 39 348 39 348 39,348 39,348 39,348 39,348 39,348 39,348 39,348 39,348 39,348 41 316 41 316 41 316 41 316 41 316 41 316 41 316 41 316 41 316 41 316 41 316 41 316 41 316 41 316 41 316 MID 49,653 49,653 49653 49653 49 653 49653 49 653 49 653 49 653 49 653 49 653 49653 49653 49653 49,653 49653 52137 52137 52 137 52137 52 137 52 137 52 137 52 137 52 137 52 137 52 137 52 137 52 137 52 137 52 137 52 137 52 137 52,137 52,137 54 744 54 744 54 744 54 744 54 744 54 744 54 744 54 744 54 744 54 744 54 744 54 744 54 744 54 744 54 744 EXHIBIT A MAX 61,833 61,833 61833 61833 61 833 61833 61 833 61 833 61 833 61833 61 833 61833 61,833 61,833 61,833 61,833 64925 64925 64925 64 925 64 925 64 925 64 925 64 925 64 925 64,925 64 925 64 925 64 925 64 925 64 925 64 925 64 925 64 925 64 925 68 172 68 172 68 172 68 172 68 172 68 172 68 172 68 172 68172 68 172 68 172 68 172 68 172 68 172 68 172 Page 4 of 6 AGENDA ITEM SEP li 001 Pg.__ Collier County Pay Plan GRADE TITLE 23 ASSISTANT TO THE COUNTY MANAGER CHIEF PLANNER EMERGENCY MANAGEMENT COORDINATOR MANAGER, MPO MANAGER, PUBLIC TRANSIT NETWORK SECURITY ADMIN SUPERVISOR, FIELD ENGINEERING INSPECTIONS SUPT, TREATMENT PLANT TELECOMMUNICATIONS MANAGER MIN MID MAX 43,382 57,481 71,580 43,382 57,481 71,580 43,382 57,481 71,580 43,382 57,481 71,580 43,382 57,481 71,580 43,382 57,481 71,580 43,382 57,481 71,580 43,382 57,481 71,580 43,382 57,481 71,580 EXHIBIT A 24 AIRPORT MANAGER DATABASE ADMINISTRATOR ENGINEER, SENIOR FINANCIAL MANAGER, AIRPORT MANAGER, COMPUTER SUPPORT MANAGER, PARK MAINTENANCE MANAGER, RECREATION MANAGER, SENIOR PROGRAM SERVICES MGR, ORGANIZATIONAL/STAFF DEVELOPMENT PROJECT MANAGER, SENIOR 45,552 60,356 75,161 45,552 60,356 75,161 45,552 60,356 75,161 45,552 60,356 75,161 45,552 60,356 75,161 45,552 60,356 75,161 45,552 60,356 75,161 45,552 60,356 75,161 45,552 60,356 75,161 45,552 60,356 75,161 25 FACILITIES MANAGER MANAGER, LANDSCAPE OPERATIONS MANAGER, LIBRARY EXTENSION SERVICES MANAGER, PARKS-BEACH,WATER MANAGER, TRAFFIC OPERATIONS MANAGER, WASTEWATER COLLECTION MANAGER, WATER DISTRIBUTION MANAGER, WATER PRODUCTION MGR, BUSINESS APPLICATIONS PROJECT MANAGER, SENIOR SUPERINTENDENT, ROADS & BRIDGES 47,877 63,438 78,998 47,877 63,438 78,998 47,877 63,438 78,998 47,877 63,438 78,998 47,877 63,438 78,998 47,877 63,438 78,998 47,877 63,438 78,998 47,877 63,438 78,998 47,877 63,438 78,998 47,877 63,438 78,998 47,877 63,438 78,998 26 ASSISTANT DIRECTOR, LIBRARY BUSINESS MANAGER MANAGER, ENGINEERING REVIEW SERVICES MANAGER, NETWORK OPER MANAGER, PLANNING MANAGER, REVENUE SERVICES 50,221 66,542 82,864 50,221 66,542 82,864 50,221 66,542 82,864 50,221 66,542 82,864 50,221 66,542 82,864 50,221 66,542 82,864 27 CHIEF PILOT PROJECT MANAGER, PRINCIPAL 52,731 69,869 87,006 52,731 69,869 87,006 28 55,369 73,363 91,358 29 DIRECTOR DIRECTOR, DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR ANIMAL CONTROL FLEET MANAGEMENT HOUSING & URBAN IMPROVEMENT MUSEUM NATURAL RESOURCES PUBLIC INFORMATION REAL PROPERTY MANAGEMENT SOCIAL SERVICES UNIVERSITY EXTENTION SVCS. DIRECTOR VETERAN SERVICES FIRE CHIEF UTILITY & FRANCHISE REGULATION DIRECT Page 5 of 6 58,137 77,032 58,137 77,032 58,137 77,032 58,137 77,032 58,137 77,032 56,137 77,032 58,137 77,032 58,137 77,032 58,137 77,032 58,137 77,032 58,137 77,032 58,137 77,032 95,926 95926 95 926 95 926 95 926 95 926 95 926 95 926 95 926 95,926 95,92( 95,92( SEP Z[101 Collier County Pay Plan GRADE TITLE MIN 30 DIR., BUILDING REVIEW & PERMITTING DIRECTOR, CODE ENFORCEMENT DIRECTOR, DIRECTOR, DIRECTOR. DIRECTOR. DIRECTOR. DIRECTOR. DIRECTOR. DIRECTOR DIRECTOR DIRECTOR DIRECTOR EMERGENCY MANAGEMENT EMS ADMINISTRATION EMS OPERATIONS POLLUTION CONTROL PURCHASING/GENERAL SERVICES RISK MANAGEMENT SOLID WASTE STORMWATER MANAGEMENT TRANSPORTATION OPERATIONS TRANSPORTATION PLANNING UTILITIES FINANCE OPERATION 31 DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR FACILITIES MANAGEMENT HUMAN RESOURCES INFORMATION TECH LIBRARY MANAGEMENT AND BUDGET PARKS & RECREATION PLANNING SERVICES . TRANS. ENGINEERING UTILITIES ENGINEERING WASTEWATER WATER 32 33 34 ADMINISTRATOR, COMMUNITY DEVELOPMENT ADMINISTRATOR, EMERGENCY SERVICES ADMINISTRATOR, PUBLIC SERVICES ADMINISTRATOR, PUBLIC UTILITIES ADMINISTRATOR, SUPPORT SERVICES ADMINISTRATOR, TRANSPORTATION 35 ASSISTANT COUNTY MANAGER # of Titles: 266 61,105 61,105 61,105 61,105 61,105 61,105 61,105 61,105 61,105 61,105 61,105 61,105 61,105 64 160 64 160 64 160 64 160 64 160 64 160 64 160 64 160 64 160 64 160 64 160 67,368 70,666 74,273 74,273 74,273 74,273 74,273 74,273 77,910 MID 80 964 80 964 80 964 80 964 80 964 80 964 80 964 80 964 80 964 80 964 80 964 80 964 80 964 85,012 85,012 85,012 85,012 85,012 85,012 85,012 85,012 85,012 85,012 85,012 89,263 93,632 98,412 98,412 98,412 98,412 98,412 98,412 103,230 MAX 100 823 100 823 100 823 100 823 100 823 100 823 100 823 100 823 100 823 100 823 100 823 100 823 100 823 105,865 105,865 105,865 105,865 105,865 105,865 105,865 105,865 105,865 105,865 105,865 111,158 116,599 122,551 122,551 122,551 122,551 122,551 122,551 128,551 EXHIBIT A 301 - 3O5 306 - 310 311 - 315 316 - 32O 321 - 322 322 - 323 324 - 325 EMERGENCY MEDICAL and FIRE SERVICES FIREFIGHTER FIRE LIEUTENANT PARAMEDIC EMS LIEUTENANT HELICOPTER PILOT EMS CAPTAIN EMS COMMANDER Page 6 of 6 28,506 34.648 21,852 43,930 39,018 49,717 37,057 45,042 32,224 57,109 50,723 64,632 45,609 55,438 42,569 70,289 62,429 79,547 SEP ' EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT IN FY 2001 TO DECREASE RESERVES AND APPROPRIATE EXPENSES IN THE MOTOR POOL CAPITAL RECOVERY FUND (522) TO PROVIDE COLLATERAL FOR EARLY ORDER OF SPECIFIED FY 2002 NEW VEHICLE REQUIREMENTS AND TAKE ADVANTAGE OF EARLY ORDER DISCOUNT INCENTIVES. OBJECTIVE: Obtain Board of County Commissioners' approval of a budget amendment to increase FY 2001 appropriations in the Motor Pool Capital Recovery Fund (522) for use as collateral for early order of specified FY 2002 new vehicle requirements and take advantage of early order discount incentives. CONSIDERATION: Ford Motor Company is offering a $500 early order discount incentive for certain 2002 vehicle models ordered prior to September 30, 2001. The County has 14 of the designated vehicles budgeted for purchase in FY 2002. If ordered prior to September 30th, a $7,000 savings would be realized. Funds are available in the Motor Pool Capital Recovery Fund (522) Reserves to provide collateral for early order of these vehicles. If approved, purchase orders would be opened in mid-September from the Motor Pool Capital Recovery Fund for the full purchase price of the vehicles, approximately $356,600. When the FY 2002 budget is released on October 1, 2001, departments would open purchase orders for the vehicles as normal from their respective capital budgets and the FY 2001 purchase orders from the Motor Pool Capital Recovery Fund used for collateral would be closed. Since vehicles are not received for at least two months after order, no money used for collateral in the Motor Pool Capital Recovery Fund would be moved and no interest would be lost. The fund would be encumbered for about three weeks. FISCAL IMPACT: Funds in the amount of $356,600 in the Motor Pool Capital Recovery Fund will be transferred from Reserves to an operating account but xvill not be spent. This money will be encumbered for about three weeks. GROWTH MANAGEMENT IMPACT: No growth management impact is involved. RECOMMENDATION: Amendment in the Motor Pool Capital Recovery Fund as stated. SUBMITTED BY: ,; . Date: ?,/~7/A, / van Croft, Fleet Man?(g~ment Director Stephen Carnell, 'Purchasing Director APPROVED BY: , ,~~'"'~ Date: Jo-Anne Varcoe-Leamer, Support Services Administrator That the Board of County Commissioners approve the Budget APPROVE SERVICES EXECUTIVE SUMMARY MASTER CENTURION SERVICE AGREEMENT FOR SPRINT PROVIDED OBJECTIVE: Obtain Board approval of the Master Centurion Service Agreement for various Sprint provided services in order to more efficiently meet the County's needs and streamline the administrative process. CONSIDERATIONS: Because of the need to obtain future phone and data services from Sprint, it was determined by staff to be in the best interests of the County to simplify the administrative processes involved by implementing one County Attorney approved maintenance agreement. A copy of the agreement is attached hereto as Exhibit "A". This was done in conjunction with the Sprint Master Agreement which was approved on July 31, 2001, Agenda Item 16(E)10. Negotiations were successful in resolving outstanding issues and meeting the requirements of the County. It was further agreed that the Sheriff's Department and other Constitutional Officers would be able to utilize this same agreement should they choose. Purchases under this agreement shall be ordered by the using department under separate Purchase Orders which will reference the Maintenance Agreement Contract and shall include the specific duration term and pricing for each contracted service. It is the intent of the Maintenance Agreement that it shall cover all current and anticipated non-regulated services provided by Sprint. FISCAL IMPACT: Each department will allocate funds from their budget for the requested services as needed. GROWTH MANAGEMENT IMPACT: While this does not have direct Growth Management Impact, it is consistent with the County's goals of streamlining processes in order to achieve a quality result. RECOMMENDATION: That the Board of County Commissioners approve the Master Centurion Service Agreement with Sprint, and authorize the Chairman to execute the attached forthcoming negotiated County Attorney approved contract. SUBMITTED BY: ....... .c~/ :~.~ :/ ' K~lsey S~Vard, Senior Purchasing & Contracts Agent :~ ,,' REVIEWED BY: .~'~{Sx el ~'[ / :~ Steve)Carnell, ',: Purchasing/General Services Director Skip Camp, Interim IT Director REVIE,VED BY: (,/7~f/ Jo-Anne Varcoe-Leamer, Support Services Administrator Date: Date: Date: $print Contract No. 2001-4Z7S3L Master Centurion Service Agreement This Master Centurion Service Agreement ("Agreement") dated ,2001, between Sprint-Florida, Incorporated ("Sprint"), and Collier County. a political subdivision of the State of Florida ("Customer"), sets forth the terms and conditions for the provision of certain maintenance services ("Service") by Sprint to Customer. Standard Plan Extended Plan "Best Value" Plan* 8am - 5 pm, local time 24 hours a day, 24 hours a day, 365 days a year Monday through Friday, 365 days a year Discount on software and hardware -- excluding holidays (excludes labor), 2 year minimum 90 Day warrant?' $ 0 $0 $0 Year 1 Centurion $ ~<YrlStandardtotab~ $ ~<YrlExtendedtotal. $ ~<BestValueTotal. Year 2 Centurion $ <~Standardtotal- $ ~<Extendedtotal. $ .BestValueTotal. Year 3 Centurion $ <~Standardtotab~ $ ~<Extendedtotal- $ <~BestVahleTotal- Year 4 Centurion $ <<Standardtotal. $ <~Extendedtotal. $ (<BestValueTotal- Year 5 Centurio~ $ ~Standardtotal- $ .Extendedtotab> $ ~BestValueTotab~ Sc<Disc>> *The "Best Value" Plan may only be purchased concurrent with the sale of thc equipment. This Agreement consists of this sigmature page and Exhibit A - Terms and Conditions attached hereto and incorporated herein by reference wluch shall govern and apply to any and all Purchase Orders or Forms that Customer mav submit or place ~sth SPRINT for Service. Customer acknowledges, by signature below, that he has read and understands all terms and conditions set forth in Exhibit _\. No commitment ro secure any specific Service hereunder is made by Customer except as set forth in a Purchase Order issued by Customer and accepted by Sprint. This Agreement is the complete agreement between the parties hereto concerning the subject matter of service and maintenance and replaces any prior or contemporaneous oral or written communications between the parties. In the event of conflict between the terms of this Agreement and the terms of the Exhibit, the terms of the Exhibit shall govern. There are no conditions, understandings, agreements, representations, or warranties, expressed or implied, which are not specified herein. This Agreement may only be modified by a written document executed by the parties hereto. This Agreement is not binding until signed by an authorized representative of Sprint. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on the __ day of__, 2001. Each party warrants and represents that its respective signatories xvhose signatures appear beloxv have been and are on the date of signature duly authorized to execute this Agreement. AGREED: Sprint-Florida, Incorporated Collier County Board of County Commissioners By: By: Printed: Jeff B. Stevenson Title: General Manager Date: Address for Notices: Sprint-Florida, Inc. 3400 Radio Road, Suite 107 Naples, FL 34104 James D. Carter, Ph.D., Chairman ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Address for Notices: Collier County Purchasing Director 3301 Tamiami Trail East Naples, FL 34112 SEP 11 2001 Sprint Exhibit A Centxmon Ser~qce Agreement Terms and Conditions IN CONSIDERATION of the paymeffts made to Sprint by Customer in accordance with Section 3, Sprint shall provide Service, as defined beloxv, for the specified equipment listed in a Purchase Order accepted by Sprint per the terms and conditions contained herein. 1 DI:.FINITIONS 1.1 Business Hours - means $:00 a.m. to 3:00 p.m., local time, Monday through Friday, excluding Sprint obserYed holidays. 1.2 Covered Hours - a)For the Standard Plan covered hours means 8:00 a.m. to :$:00 p.m., local time, Nlonday through Friday, excluding Sprint obser,'ed holidays. b)For the Extended Plan and "Best Value" Plan, covered hours means 24 hours a day, 365 days a year. The "Best Value" Plan can only be purchased at the time of sale of the equipment. 1.3 Customer -shall include Collier Cotmt?-, it~ various departments and divisions and the Constitutional Officers of Collier CounD' as authorized by s. , Fla. Stat., to purchase Sen'ice under this Agreement..&Il references to Customer refer equally to Constitutional Officers that have executed Purchase Orders under this .Agreement. No commitment is made by Customer or an5' Constitutional Officers, nor any liabilities accepted, except that is set forth in a properly signed Purchase Order accepted by Sprint. All communications and invoices must be directed to the Constitotional Officer issuing thc Purchase Order under the instnmtions issued in the Purchase Order. Services performed on behaffof any Constitutional Officer x~ill be billed to or collected from only that Constitutional Officer. Only the Constitutional Officer issuing a specific Purchase Order trader this Agreement xs~ll incur any obligation or liabilin.' to Sprint for any claim which mas' arise from or relate to that Purchase Order. Nothing contained herein shall be construed as requiring a Constitutional Officer to participate in this Agreement. 1.4 Equipment - refers to the hardware and softxvare to be covered by this .Agreement as listed in a Purchase Order accepted by Sprint. 1.$ Maintenance Release - means an incremental release of Sof~vare that provides maintenance fLxes and may provide additional Software features. 1.6 Major Release - means a release of Software that provides additional Softxvare features and/or functions. L7 Major Outage - a malfunction consisting of one or more of the following conditions: a) Complete failure of the system. No incoming or outgoing communications to or from the Customer's premise; b) No internal communications within the system; c) Inoperative attendant console; d) Inoperative message accounting system; e) 20% of all telephones out of service; 0 20% of all trunk circuits out of service; or g) Severe loss of network operation or severely impaired network performance for a sustained period of time. 1.$ 8 Minor Outage - a "non-emergency", defined as any maffunction other than that of a Major Outage. 1.9 Purchase Order- An order for Sen'ice issued by Customer and accepted by Sprint that references thc Contract No. noted above and includes Customer's Service address, Plan selected, Service Effective date and expiration date, total contract price exclusive of taxes, number of years of Service and any custom or optional services if any. 1.10 Remote Work - activities performed x~thout a Sprint employee or Sprint contractor on Customer's site. 1.11 Response time - means the time interval between when a trouble call is made to Sprint's National Business Operations Center (by the appropriate Customer personnel or by an automatic notification system) and the time Sprint service personnel begin analyzing the svstem in search of the cause of the trouble (remotely or on-site). 1.12 Scm'ice - means the services provided by Sprint to Customer under this Agreement. 1.13 Softxvare - means the machine-readable object code softxvare programs licensed to Customer. NO.//~j-- r SEP 11 2001 pg. Z/,"- 2 'i'I(RM This .~greement shall remain in effect from the "Effective Date" to the "Expiration Date" indicated on the signature page. Thereafter, the Agreement shall renew automatically for t¥,'elve (12) month terms at Sprint's then current rates unless either party.' terminates this Agreement by giving written notice to the other part3.' in accordance with Section 18 at least thirty (30) days before the end of the initial term or any renewal term. 3 P.\YMI£NT Pavments will be due in advance. Failure to make timely payment may result in immediate termination of the Agreement at the option of Sprint. Payments wiLl be made by mail to Sprint and the invoice number .`.`~11 be noted on the payment checks. Payment shall be made upon Customer's receipt ora proper invoice from Sprint and in compliance with Florida Statutes, Section 218.70, et seq., thc Florida Prompt Payment Act. 4 SCOI)['] O1: SI(R\'ICE 4.1 Service responsibilities of Sprint: a) Sprint will use commercially reasonable efforts to provide two (2) hour response time, remote or on-site, for Major Outage reqnests during Covered Hours. b) Sprint will use commercially reasonable efforts to provide next-business-day response time, remote or on-site, for .Minor Outages, provided both the call and determination that sen'ice is required has been made before 4:00 p.m. local time the prior day. c) Sprint will provide parts, labor, and material required to maintain Equipment in compliance with manufacturer's service specifications. Replacement parts .`,,'ill be, at Sprint's sole discretion, either new or of like-new quality. d) Sprint x.`ill ensure that afl labor and sen'ices will be performed in a workmanlike manner, and in accordance with recognized industry standards. e) Sprint .`.`-ill install all manufacturer supplied mandatory engineering change notices. 1) Sprint will provide assistance by telephone, facsimile, or electronic mail fl~r information related to Equipment configuration and troubleshooting. ~ Spnnt ~ ill generate work-around s,31ut:ons to reported Sofnvarc problems u~-mg reasonable com. mcrcl:~l cffi)rts. h) Sprint will provide one (1) PBX preventive maintenance service call annually upon Customer request. i) Sprint will provide two (2) hours of PBX end-user training annually upon Customer request. j) Sprint .`.`-ill provide other optional services as agreed to on the Exhibit A. 4.2 Service responsibilities of Customer. a) Customer ',,,'ill provide reasonable access to the Equipment through the Interact or ~ ia modem such that problems ma.',- be diagnosed and corrected remotely. This includes providing a dedicated local telephone line. b) Customer will purchase and use the then-most-current or the immediately-prior (if supported by the manufacturer) Major Release of Software for the Equipment. c) Customer will purchase and use the latest release of Software if necessary to correct a reported Software problem. d) Customer will identif',- each problem report as either a .~lajor or ,x, linor Outage using the definitions described above. e) Customer agrees to back up Sofp. vare images and configurations on a regtdarly scheduled basis and to provide such images and configurations to Spm~.t pcrsonncl in connzcdon with Sc~vicc acuviucs. 4.3 Services not covered by this Agreement: a) Services to resolve soft, rare or hardware problems resulting from products provided by parties other than Sprint or causes beyond t¼c control o( Spnnt. b) Sen'ice of attached, related, collateral or ancillaD' equipment or sofnvare not covered bv this Agreement or not listed in Exhibit A. c) Nlaking Customer specified software changes such as scripting or other customized application development. d)Nlaking Customer specified hardware changes, adding or removing accessories, attachments or other devices, or moving or relocating the Equipment. e) Any hardware and/or software upgrades, including an].' hardware upgrade required to run new or updated sofp. vare. 0 Repair or replacement of lost or stolen parts or materials. g)Repair or replacement of parts, materials, or software damaged through accident, negligence, abuse, misuse, failure of electrical power, air conditioning or humidity.- control, riot or other civil disturbance, strike or other labor trouble, sabotage, fire, flood, lightning or electrical stom~s, or other acts of God. h) Repairing damage caused by service of Equipment by persons other than Sprint, or its authorized contractors. i) Work on any Equipment that is not located at the site address provided on Exhibit A. 5 MO\'I'~S, ADDS, CI I.X~NGF~S .~ND B[I.L,\BI.I'; SERVICI:. CALI.S All moves, adds and changes ("MAC") plus any services beyond those listed in Section 4.1 are Billable Service Calls. Sprint shall have the option to accept or decline requests for performance of such Billable Service Calls. Should Sprint accept a request to perform such a Billable Service Call, the set\ices will be billed at the then-current Centurion Labor Rates. Overtime Rate: All Billable Service Calls performed outside of Business Hours \rill billed at then-current Centurion Overtime Labor Rates. Sen'ice Charge: A service charge to cover Sprint's travel time will be applied to each billable site visit. The charge will be at the then- current Centurion Service Charge Rates. Expedite Fees: An expedite fee will be applied whenever the Customer requests that Sprint expedite Services beyond normal response times. The charge will be at the then-current Centurion Expedite Fee Rates. Rules with respect to Billing Increments, Billing blinimums, MAC Response Times, Centurion Labor Rates and others will be applied and may be adjusted from time to time. 6 .\DDITION.LL Customer may, for an additional fee, add equipment fnr coverage under this Agreement, provided, however, Sprint has the right to inspect such equipment to determine whether it is in acceptable condition. Sprint, in its sole discretion, may exclude any such equipment which it believes cannot be properly and/or economically maintained. All repairs, adjustments or upgrades necessa~' to bring Customer's equipment to a condition acceptable to Sprint shall be made at the Customer's cost and expense prior to adding it to this Agreement. For any accepted additional equipment, Sprint shall update the Customer record detailing all added equipment and the additional fee. - r. 3IL",I(IL\L TI(lC\IS AND CONDI'I'IONS 7.1 Customer site must be located within 125 miles of a Sprint service center. 7.2 Customer will maintain environmental conditions at the site in accordance with specifications established by the manufacturer of the Equipment. 7.3 Customer will maintain a clean, dust-free, ventilated environment with a temperature range of 55 degrees - 90 degrees Fahrenheit and 30~q - 50% relative humidity. 7.4 Customer agrees to provide electric current and outlets, and local telephone extension (or toll free domestic and international access to Sprint) for the use of service personnel in the Equipment's physical location. 7.5 Customer will furnish Sprint employees and subcontractors full and free access to the Equipment to make inspections, tests or repairs, subject to Customer's reasonable internal securi? requirements. 7.6 Customer will provide necessa%' openings and ducts for cable and conductors in floors and walls, and floor plans and/or prints showing the location of such openings and ducts. The floor plan and/or prints will also show the locations and tS.'pes of Equipment installed. 7.7 Sen'ices under this Agreement performed by Sprint employees and subcontractors will be accomplished only in a safe working environment which complies with state and federal regulations and law. Sprint has not included any charges or any expenses associated with handling, dealing with, removing or disposing of any hazardous materials at the site. In the event that hazardous materials are encountered in the performance of this Agreement, Sprint shall cease performance of Sen'ices that would necessitate exposure to such hazardous materials until the hazardous materials are removed and immediately noti~' Customer of the existence of such hazardous materials. Sprint shall be excused from the performance of this Agreement until such time as the hazardoos material situation is resolved. 7.8 Customer will provide all electrical work external to the Equipment plus installation of communication facilities or connections. 7.9 Customer will be responsible for all ground wire connections to Customer's premises and electrical outlets. 7.10 Unless otherwise agreed to in writing, Customer shall obtain any necessa%- consents, approvals, licenses, and permits for Service of the Equipment on the premises where the Equipment is installed. Customer shall defend, indemnify' and, hold harmless Sprint, together with its officers, agents and employees, against all damages, claims liabilities or expenses (including reasonable attomeys' fees, court costs, and allocated in-house counsel legal expenses) arising out of or resulting in any wav from Customer's failure to obtain such permits, licenses, consents, or the like. 8 PROPI'iR'I~' OF SPILINT Customer acknowledges that Sprint may install a data collection device and other Sprint equipment at Customer's location to be used in performing sen'ices hereunder. All such properD' and equipment shall remain the property of Sprint. At the expiration or termination of this Agreement, Sprint shall he entitled to enter Customer's premises to remove all Sprint property or equipment. 9 .\BORTED SI:.RVICI'; CAI.I. In the event Sprint dispatches a representative to Customer's site but is unable to perform Sen'ice through no fault caused by Sprint, the Customer will be charged a Service Charge plus one (1) hour labor at Sprint's th~n current Centurion Labor Rates. l0 SUBCONTIL\CTING Sprint ma)', at its option, subcontract sen'ices provided to Customer. Such subcontract will not release Sprint from any of its obligations. Non-union employees may be utilized by Sprint. I I DIS.\STER RI(CO\'[(R\' Customer recognizes that the use of computer products entails a substantial risk of loss of magnetically stored data, and that industn' standards dictate the systematic use of products which provide comprehensive backup of data so as to prevent such loss. Accordingly, Sprint does not assume any risk of loss of Customer's magnetically stored data in any ,,','ax' related to or resulting from the sen'ices, product, equipment, or systems provided by Sprint or any handling of magnetically stored data b.v Sprint. Customer hereby releases Sprint from any liabilit',' for loss of magnetically stored data from any and all causes. Customer recognizes that industry standards dictate the development of a Disaster Rccoven' Plan for all mission critical business operations. In the telecommunications industry this includes, but is not limited to, data backup, power backup, power/surge protection, spare ssstem parts, system redundancy, site redundancy, escalation procedures, emergency support agreements with hardware and sofv. vare vendors, public network based call for',varding to ahemate locations, and documented recovery policies and procedures. Customer understands that developing and testing a Disaster Recovery Plan is Customer's rcsponsibilit)' .md is not a sen'ice provided by Sprint. The disclaimer of liability for damages xsqll not be affected if any remedy provided shall fail of its essential purpose. Customer accepts this disclaimer of liability- for damages as part of the bargain for Sen'ices and understands the price of the Sen'ices would be higher if Sprint were requested to bear additional liabiliD' for such damages. 12 I~TI:J,I.I(CTU.U. PROPI{R'I'Y O\':.T<I:F. SI lip Customer understands that all sof~.vare programs and sof~vare components provided by Sprint and Sprint vendors are licensed and not sold. No license is granted by this Agreement. Licenses, if any, will be granted under a separate agreement. 13 I.iMI'I'I(D \V.\RR_\NTY AN-k' .&ND .&EL SERVICE ,&ND DELIVERABLES PROVIDED HEREUNDER SHALL BE PERFOI~\IED IN A WORK."XL-kNLI KE .XL-kNNER, AND IN ACCORDANCE WITH RECOGNIZED INDUSTRY STANDARDS. IN THE EVENT OF A BREACH BY SPRINT OF THE FOREGOING WARRANTY OF WHICH CUSTOMER NOTIFIES SPRINT IN WRITING DURING THE WARRA~NTY PERiOD, SPRINT'S SOLE OBLIGATION ,&ND CUSTOMER'S EXCLUSIVE REMEDY SHALL BE FOR SPRINT TO CORRECT THE PORTION OF THE WORK TI-L&T DOES NOT CONFOILM TO SUCH WAR1L-MNTY, IF SPRiNT IS UNABLE TO MAKE SUCH CORRECTIONS TO THE SERVICES OR DEL~'ERABLES~ CUSTOMER'S EXCLUSIVE REMEDY ,,M'ND SPRiNT'S SOLE OBLIGATION SHALL BE FOR CUSTOMER TO RECOVER THE COMPENSATION P:LID TO SPRINT FOR THE SERVICES GIVING RiSE TO SUCH WARRAN'FY FAILURE. THIS WARRANTY DOES NOT APPLY IF: I) CUSTOMER BRF~kCHES THE TER~MS OF THIS AGREE*lENT, II) THE NON- CONFORMITY WAS CAUSED BY CUSTOMER (INCLUDING CUSTOMER'S EMPLOYEES, AGENTS OR CONTRACTORS), SUCH AS ABUSE, MISUSE, DAMAGE, NIISOPERATION OR USE IN A MANNER OTHER THAN INTENDED, OR III) DA~XL&GE BY ANY CAUSE NOT ATTRIBLTTABLE TO SPRINT INCLUDING WITHOUT LIMITATION, POWER IRREGULARITIES, FIRE, EARTHQUAKES OR ACTS OF GOD OR NATURE. SPRiNT MAKES NO WAP, RANTY FOR ANY EQUIPMENT OR SOFTWARE TI-L&T IS PROVIDED BY THIRD PARTIES. SEP 1 1 2001 THIS LIMITED WARRANTY AND THE REMEDIES FOR A FAILURE OR BREACH OF SUCH LIMITED WARRANTY ARE EXCLUSIVE. THEY ARE GIVEN TO CUSTOMER IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, F~XPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRA~NTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WHICH SPRINT SPECIFICALLY DISCLAIMS. 14 I.IMIT.VI'ION O[: LI.kBILI'I~' SPRINT'S LIABILITY TO CUSTOMER FOR ANY CLAIM FOR DA~MAGES CAUSED BY SPRINT'S PERFORMANCE OR NONPERFOR,%Lad~ICE UNDER THIS AGREE~MENT SHALL BE LIMITED TO THE A~,IOUNT OF ACTUAL DAMAGES ACTUALLY PROVEN NOT, HOWEVER, TO EXCEED THE AMOUNT BILLED TO CUSTOI~IER DURING THE PREVIOUS TWELVE (12) MONTHS PRIOR TO THE DA~MAGES OR INJURY WHICH IS THE BASIS OF THE CLAIM. IN NO EVENT SHALL SPRINT OR ITS AGENTS BE LIABLE FOR LOSS OF PROFITS OR BUSINESS, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAI~L~GES OF ANY KIND CONNECTED IN ANY WAY TO FURNISHING, PERFOPJ~IANCE, MAINTENANCE OR USE OF ANY ITEM, EQUIPMENT OR SERVICE UNDER THIS AGREEMENT. IN NO EVENT WILL SPRINT OR ITS AGENTS BE LIABLE FOR DA2~L4GES, LOSS OR EXPENSES OF ANY KIND WHATSOEVER THAT MAY RESULT FROM THE FRAUDULENT OR UNAUTHORIZED USE OF EQUIPMENT, SERVICES OR FACILITIES PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO FRAUDULENT OR UNAUTHORIZED LONG DISTANCE TELEPHONE CALLS. CUSTOMER SHALL tlOLD SPRINT HARMLESS FROM ALL CLAIMS, SUITS OR ACTIONS BY .~NY PERSON, ENTITY, GOVERNMENT OR GOVERNMENT AGENCY, INCLUDING REMOVAL OR REMEDIATION COSTS ARISING FROM THE PRESENCE OF HAZ.~d~J3OUS .%IATERiALS, ABOUT, BENI:L4TH OR MIGRATING FROM CUSTOMER'S PROPERTY OR PREMISES. 15 IN Di.iMNI[:IC.\TION To the extent pertained by lax,,' and subject to the limitations set forth under Florida Statutes Section 768.28, each part).' shall indemni~' and hold the other par~.', its officers, agents and employees, harmless from and against any claims or canses of action for personal injury or death to persons, or loss or damage to properS.- (including but not limited to personal injuo' or property- damage suffered by either part}"s ox~nemployees or agents), to the extent the result, directly or indirectly, is from the indemnifTing party's negligenceorxxrongfulactsor ()missions. Nothing in this paragraph shall be constrned as a xxaiver of the limits of llabilit).' Customer has by virtue of soxereign immunity' in excess of what is afforded under lave. l(, i:()RC[:. ?,L\II-~UI~.I'~ Except for the obligation to pa3' monies due and ov,'ing, neither part3.- shall be liable for any delav or failure in performance due to events outside the defaulting par~."s reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused par~,.' shall be extended on a day to day basis for the time period equal to the period of the excusable delay. 17 DiSPL'TI( RI{SOI~UT1ON In the event of any dispute benveen the parties relating to or arising out of any provision of this Agreement, the representatives of the parties shall meet promptly in a good faith effort to resolve the dispute extrajudicia[ly. The representatives shall be senior level executives xxho haxe authoriD' to resolve the dispute. The disputing part).' shall arrange for the meeting at a time and place mutually acceptable to both parties. Prior to the meeting, the disputing party shall deliver to the other part).- a written summa%' of the dispute and evidence and arguments substantiating its dispute. If it proves impossible to arrive at a mutnally satisfactor?' solution as a result of such meeting, the parties shall be free to pursue other legal remedies. 1~ NOTICI'LS Communications relating to this Agreement must be communicated by certified mail, return receipt requested, telex, facsimile or overnight mail to the addresses designated on the signature page. 19 TI.~i~.MIN.Vi'ION Either part],.' may terminate a Purchase Order "for cause" if the defaulting part>.' fails to cure such "cause" within thirD' (30) davs after receipt of written notice of same. The term "for cause" includes, but, is not limited to: a) Failure to carD' out any of the obligations created by this Agreement; or b) If either parD' should be adjudicated bankrupt, or make a general assignment for the benefit of creditors, or if a receiver should be appointed on account of its insolvency; or c) Sprint reasonably determines that Customer is misusing or abusing scr,¢ices undcr this Agreement oris using such unlawful or unsafe purpose; or I SEP I 1,2001 EXECUTIVE SUMMARY, ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY FOR FUNDS TO BE USED FOR SHELTER ENHANCEMENT AT GOLDEN TERRACE AND BIG CYPRESS ELEMENTARY SCHOOLS AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APROPRIATE REVENUE. OBJECTIVE: Board of Commissioner's approval and acceptance of Agreement #02PR-37-09-21-01-001 between the State of Florida, Department of Community Affairs and Collier County for funds to enhance two designated storm shelters and to adopt a Resolution authorizing the execution and acceptance of said Agreement. CONSIDERATION: The Department of Community Affairs (DCA) has made funds available to retrofit existing shelters in order to reduce the state-wide shelter deficit. The DCA has awarded Collier County funds in the amount of $58,000 for shelter retrofits at Golden Terrace and Big Cypress Elementary Schools. Funds will be used to install additional tie-downs for the common roofs over the cafetoriums and Building "2" at each location. In addition, window and door protection will be installed for Building "2" at each school. The buildings housing the cafetoriums have accordion shutters which were installed several years ago. If the Agreement is approved, the Emergency Ivlanagement Department will serve as the project manager to insure that all work is completed prior to contract termination. Under the terms of the Agreement, all work must be completed by June 30, 2002. FISCAL IMPACT:.. Increase of $58,000 to Emergency Management Grant Fund 118. for Hazard Mitigation. A budget amendment is needed to recognize and appropriate revenue. GROWTH MANAGEMENT IMPACT: Policy 12.1.3, Conservation and Coastal Management Element, requires that the County continue to identify shelter space that complies with the American Red Cross shelter standards. ' ~GEN6~ ITEM SEP 11 RECOMMENDATION: That the Board of County Commissioners approve the Agreement #02PR-37-09-21-01-001 for the installation of hurricane shelter enhancements at Golden Terrace and Big Cypress Elementary Schools, adopt the Resolution authorizing the execution and acceptance of said Agreement, and approve the Budget Amendment increasing the Emergency Management Grant Fund by $58,000. SUBMITTED Date: / Kenne~NPineau, Emergency Management Director APPROVED BY: ~~~ Date: Thomas Storrar, Emergency Services Administrator AGENDA ITEM No. , v" ! ._ SE RESOLUTION NO. 2001 - RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY XVIlEREAS, the Federal Emergency Management Agency, through its Hazard Mitigation Grant Program, has made funds available to the Florida Department of Community Affairs for further dispersal to local jurisdictions to enhance local sheltering programs; and ~VHEREAS, the Florida Department of Community Affairs, by means of the attached Agreement #02PR-37-09-21-01-001, is agreeing to provide by means of reimbursement of costs incurred by the County for the installation of hurricane protection devices at Golden Terrace Elementary School and Big Cypress Elementary School the sum of $58,000; and ~,VHEREAS, The Board of County Commissioners of Collier County agree that the performance of the subject Agreement is in the best interest of Collier County; NO'~V THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY CONIMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board approve Agreement #02PR-37-09-21-01-001 between the State of Florida, Department of Community Affairs and Collier County as presented to the Board for reviexv, and hereby authorized the Board's chairman to execute the Agreement on behalf of Collier County. This Resolution adopted after motion, second, and majority vote in favor of adoption the~ day of September, 2001. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORiDA By: James D. Carter, Ph.D., Chairman ATTEST: Dwight E. Brock, Clerk By: (Deputy Clerk) Ap~p_f~Y_~~ form ~?~.!~._g.a~l._Sufficiency: ¢ ~, ~r i 5W h~e~, A~ss s[i s :a ~[ Count~Attorney AGENDA ITEM SEF 11 20 1 pg. ~ Agreement Number: 02PR-37-09-21-01-001 AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WIq:EREAS, the Department is authorized, pursuant to the General Appropriations Act, for the State Fiscal Year 2001-2002, Specific Appropriation 1543, to grant funds to eligible recipients under the Local Emergency Management and Mitigation Initiative; and XVHEREAS, funds used for emergency shelter or critical facility projects are contingent on certification by the Department that the emergency shelter or critical facility complies with, or will comply with, the structural considerations of ARC 4496, Guidelines for Hurricane Evacuation Shelter Selection; and WHEREAS, the Recipient has been axvarded funds under the above-referenced authorities for a project(s) which has been evaluated for consistency with criteria established by the Governor and Legislature; and XX?AEREAS, Recipient agrees to comply with all the requirements applicable to said award, as supplemented by the terms and conditions in this Agreement. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: 1. SCOPE OF WORK AND FUNDING The Recipient shall undertake and fully perform the obligations in accordance with the Budget and Scope of Work, Attachment A of this Agreement. Funding up to S58,000 shall be provided on a reimbursement basis, in accordance with the project(s) identified in the General Appropriations Act, Specific Appropriation 1543. INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but not limited to, those identified in Attachment B of this Agreement. 3. PERIOD OF AGREEN[ENT This Agreement shall begin upon execution by both parties and shall end June 30, 2002, unless terminated earlier in accordance with the provisions of Paragraph 9 of this Agreement. Any requests for reimbursement received after July 15, 2002, may, in the AGENDA ITEM No. ,/ .,,'_!_ ! SEP 11 2001 pg. L/f discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. MODIFICATION OF AGREEMENT; REPAYMENTS_ Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to xwiting, duly signed by each of the parties hereto, and attached to the 6riginal of this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Cornfnunity Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 RECORD KEEPING Ao All original records pertinent to this Agreement shall be retained by the Recipient for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. 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. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. Bo All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and reoulations. The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal AGENDA iTEM SEP 11 200t F'g. ~" o business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. D. Any additional terms and conditions pertaining to record keeping are set forth in Attachment C and all terms and conditions pertaining to property management and procurement under this Agreement are set forth in Paragraph 20. REPORTS mo At a minimum, the Recipient shall provide the Department with t~vo (2) copies of the progress reports, t~vo (2) copies of the Financial Report/Reimbursement Requests, and two (2) copies of the Final close-out report. Progress reports are due to be received By the Department no later than fifteen (15) days after the end of each period outlined below and shall continue to be submitted until submission of the Final administrative close-out report. The ending dates for each period are December 31 and May 31. C. The close-out report is due forty-five (45) days after termination of this Agreement or upon completion of the activities contained in this Agreement. If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in Paragraph 9. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. E. Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. F. The Recipient shall provide additional reports and information as identified in this Agreement. MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function, or activity set forth in Attachment A to this Agreement. AGENDA ITEM LIABILITY A. Unless the Recipient is a state agency or subdivision, the Recipient shall be solely 'responsible to parties with whom it shall deal in carrying out the terms of this Agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this Agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the Department, but is an independent contractor. B. Any Recipient who is a state agency or subdivision, as defined in Section '/68.28, Florida Statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity, by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. DEFAULT. P,_EMEDIES. AND TERM1-NATION If the necessary funds are not available to fund this agreement as a result of action by Congi'ess, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous aoreement with the Department and has not cured such 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 Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirty (30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient AGENDA iTEM information; and/or No. ,/ r' , 4 SEP 11 28ol Co Do mo If the Recipient has failed to perform and complete in timely fashion any of the services required under the Budget and Scope of Work attached hereto as Attachment A. Upon the happening of an Event of Default, then the Department may, at its option, upon ~witten notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the follovdng remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incttrring costs for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; or 5. Exercise any other rights or remedies which may be othenvise available under 1 av~r. The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. Suspension or termination constitutes final agency action under Chapter 120, Florida Statutes, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time flames. The Recipient shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. This Agreement may be terminated by the xwitten mutual consent of the parties. AGENDA ITEM SEP 11 2B01 Pg. Go 10. Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. NOTICE AND CONTACT A. All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this agreement. B. The Department designates Dean Griffin, Division of Emergency Management as the Department's Contract Manager. All communications, written or oral, relating to this agreement shall be directed to him at the foll~}~ving address and telephone number: Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850) 413-9954 email: dean. ~riffin~'dca.state.fl.us The technical contact for shelter or other structural projects for the Agreement is Danny Kilcollins. He can be reached at the address above or by telephoning (850) 413-989. C. For the Recipient, all communications, written or oral. relating to this Agreement shall be directed to the following: Recipient's Contract Manager's Name and Address: James von Rinteln Emergency Management Coordinator Collier County Emergency Management 3301 East Tamiami Trail Naples, Florida 32112 (941) 774-8444 Fax: (941) 775-5008 In the event that different representatives are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in Paragraph 10.A above. AGENDA ITEM SEP 11 .001 6 11. OTHER PROVISIONS ho The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient, in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict or unenforceability, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. Co No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. D. The Agreement may be executed in any number of counterparts, an.',' one of which may be taken as an original. Eo The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. Fo A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity,, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 7 AGENDA ITEM SEP 11 months from the date of being placed on the convicted vendor or discriminatory vendor list. Wh~re the Recipient is unable to certify to any of the statements in this certification, such Recipient shall attach an explanation to this Agreement. 12. AUDIT REQUIREMENTS. A. The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. B. These records shall be available at all reasonable times for inspe'ction, review, or audit by state personnel and other personnel dQly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. C. Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. In the event that the Recipient expends a total amount of State awards (i.e., State financial assistance provided to recipient to carry out a State project) from all state, source~, equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 216.3491, Florida Statutes: applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State funds received from the Department, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement ,,vas received by the Department as a Grant and Aid appropriation. 1. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including all items specified in Paragraphs 12.D. 1 and 2 above, shall be sent directly to: AGENDA iTEM No. /" t 8 SEPI 001 11 Eo Fo Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 o In connection with the audit requirements addressed in (D) above, the Recipient shall ensure that the audit complies with the requirements of Section 216.3491(7), Florida Statutes. This includes submission of a reporting package as defined by Section 216.3491(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, is not required. In the event that the Recipient expends less than S300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 216.3491, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non- compliance. The Recipient shall retain all financial records, supporting documents, statistical' records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. The Recipient shall have all audits completed in accordance ~vith Section 216.3491, Florida Statutes. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. AGENDA ITE~ SEP 11 2001 13. 14. 15. 16. 17. SUBCONTRACTS AND PROCUREMENT If the Recipient subcontracts any or all of the work required under this Agreement, a ~opy of the executed subcontract must be forwarded to the Department within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (1) the subcontractor is bound by all applicable state and federal laws and regulations, and (2) the subcontractor shall hold the Department and Recipient harmless against all claims of~vhatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement a proposed project. TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. ATTACHMENTS. A. All attachments to this Agreement are incorporated as if set out fully herein. 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: A, B, and C. FUNDING/CONSIDERATION This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $58,000 subject to the availability of funds. Bo After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees to expend funds in accordance x,,4th the Budget and Scope of Work, Attachment A of this Agreement. STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: A. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any AGENDA I"I' ~,M, No. :LO SEP modification in accordance with Chapter 216, Florida Statutes. or the Florida Constitution. if otherwise allowed under this Agreement, extension of this Agreement shall be in writing for a period not to exceed five (5) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the Recipient. C. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. D. If otherxvise alloxved under this Agreemeflt, all bills for any travel expenses shall be submitted in accordance ~vith Section 112.061, Florida Statutes. mo The Department reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allo~v public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with the Agreement. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. 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. 18. STATE LOBBYING PROHIBITION No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. 19. EQUIPMENT AND PROPERTY MANAGEMENT If the Scope of Work contemplates the acquisition of equipment, then Recipient agrees to AGENDA ITEM No. :/ /-. use said equipment for emergency management purposes only, and to properly maintain and repair said equipment. Recipient shall establish adequate maintenance procedures to keep the equipment in proper working condition. Recipient shall establish a control system to insure adequate safeguards to prevent loss, damage or theft of the equipment. Recipient shall promptly advise the Department of any loss, damage or theft affecting said equipment. Recipient shall not sell, lease, rent, lend, encumber or dispose of said equipment without the written permission of the Department. 20. 21. COPYRIGHT. PATENT AND TRADEMARK Ao Co If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination ~vhether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph B., have the right to all patents and copyrights which occur during performance of the Agreement. Recipient shall be granted a royalty-free nonexclusive license to use patented or copyrighted material for research or educational purposes. PUBLICATIONS AND PUBLICITY Recipient shall, in publicizing, advertising, or describing the project, state: "Sponsored by the State of Florida, Division of Emergency Ivlanagement." If the project is displayed or referenced in ,~witten material, the words "State of Florida, Department of Community Affairs" shall appear in the same size letters or type as the name of the Recipient. !2 AGENDA ITEM Pg. /,~ 22. LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherxvise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed bv their undersigned officials as duly authorized. COLLIER COUNTY, FLORIDA Bv: James D. Carter, Ph.D., Chairrnan Collier County Board of Commissioners Date: Federal Employer I.D. 59-6000558 STATE OF FLORIDA DEPARTMENT OF COMMU%'ITY AFFAIRS By: Name & Title: W. Crai~ Fu_oate. Director Date: ATTEST: Dwight E. Brock, Clerk By: (Deputy Clerk) App~~t~--F~-m and ~ciency Xssistanf'Cot~nty Attorney 13 AGENDA ITEM SEP ti 2001 Attachment A BUDGET AND SCOPE-OF-WORK Within thirty (30) days of the date of execution of this Agreement, but in any event no later than September 1, 2001, Recipient shall submit a document which includes an activities time line, a list of deliverables, and a budget by category, for the approval of the Department. This document shall address, with particularity and appropriate-discussion, each task necessary to complete the project. Failure to supply the above-referenced document, or disapproval of this document by the Department, shall result in denial of funding. If the Recipient succeeds in acquiring produets or services for less than the budgeted amount, then it shall notify the Department and request authorization to apply the unexpended funds to the project, identifying the proposed use of the unexpended funds. If the unexpended funds can be applied to enhance the project through acquisition of additional equipment or services which will provide the same benefit as the approved project, then the Department may approve the use of the unexpended funds. The Recipient shall retrofit the following buildings with window/door protection systems on the exterior windows/doors, perform engineering assessments, and roof retrofits Funds provided under this Agreement shall be used to purchase and install those systems. Prior to the disbursement of funds, Recipient shall demonstrate that each of the buildings listed below complies with, or will comply with (after completion of grant activities) the hazard vulnerability guidelines established in the American Red Cross' supplement Guidelines for Hurricane £vacuation Shelter Selection (ARC 4496, July 1992) prior to utilization of funds. Failure to supply the above-referenced ARC 4496 documentation, or disapproval of this documentation by the Department, shall result in denial of funding. School Name/Buildin~ Identification Big Cypress ES/Bldg 2 Golden Terrace ES/Bldg 2 Funds Provided $29,000 $29.000 $58,000 At a minimum, any required roof retrofits shall be designed (or certified) for wind loads in accordance with the latest revision of the American Society of Civil Engineers Standard 7 (ASCE 7), "Minimum Design Loads for Buildings and Other Structures", Category III Importance Factor (Essential Facility), Exposure C. The Recipient shall demonstrate that all glazed opening products or protective systems purchased and installed as part, or in whole, of this grant have been tested and certified to meet or exceed the minimum performance standards of the SBCCI Standard SSTD 12-97 (or a more recent edition), and/or ASTM Standards E 1886-97 and E 1996-97. Glazed opening includes, but is not AGENDA ITEM '14 No. f / . ,-~ l SEP limited to, ~vindows, skylights, and glass block. As an alternative, building opening protective systems and products that have been tested and certified to meet or exceed the minimum performance .standards of the most recent editions of the South Florida Building Code for wind resistance structural loads, windborne debris impact, and cyclical loading (Testing Protocols PA 201, PA 202, and PA 203) are acceptable. All glazed opening products and protective systems to be utilized up to and including 30 feet in height above finish grade shall be tested and certified to meet or exceed the large missile impact testing procedures.. Schedule of Payments: This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for actual expenses incurred in the satisfactory performance of work hereunder in an amount not to exceed $58,000 subject to the availability of funds. An initial payment of twenty-five percent (25) xvill be provided to the Recipient upon execution of the Agreement and submission of an approved request for payment. 3. After the initial advance, if any, remaining funds will be reimbursed based on actual expenses as reported on a quarterly basis and indicated by the submission of a progress report required by Paragraph 6.B., and submission of an approved request for payment. The Recipient agrees to expend funds in accordance with the Scope of Work, Attachment A of this Agreement. A full accounting for the expenditure of the S58,000 will be contained in the close-out report, xvhich is due forts'-five (45) days after termination of this Agreement or upon completion of the activities contained in this Agreement. (The bottom portion of this page intentionally left blank.) 15 AGENDA ITEM No. . - I SEPt c,' 1 2001 Attachment B PROGRAM STATUTES AND REGULATIONS 2. 3. 4. Chapter 252, Florida Statutes Chapter 287, Florida Statutes. Chapter 119, Florida Statutes Chapter 60A-l, Florida Administrati'ee Code (The bottom portion of this page intentionally left blank.) AGENDA ITEM No. I I _~ Attachment C Bo C° RECORD KEEPING All original records pertinent to this Agreement shall be retained by the Recipient for three years folloxving the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 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. Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three >'ears after final disposition. Records relating to real property acquisition shall be retained for three >'ears after closing of title. 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, Attachment A, and all other applicable laws and regulations. The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at re~tsonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (The bottom portion of this page intentionally left blank.) AGENDA ITEM SEP 11 2001 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT BETWEEN COLLIER COUNTY AND DR. MARTA U. COBURN, M.D., FLORIDA DISTRICT TWENTY MEDICAL EXAMINER FOR COLLIER COUNTY FLORIDA DOING BUSINESS AS DISTRICT TWENTY MEDICAL EXAMINER OBJECTIVE: To have a formal agreement to provide the community with medical examiner services. CONSIDERATIONS: Dr. Cobum was re-appointed by Governor Jeb Bush, Governor of the State of Florida, in July, 1999 to serve as the District Twenty Medical Examiner. Florida Statutes provide that the Medical Examiner shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners. Dr. Coburn has submitted and has had an annual budget approved upon which this contract has been based. All increases included within the agreement were budgeted and approved. The agreement has been reviewed and approved for legal sufficiency by the County Attorney's Office. Professional liability insurance is provided to the Medical Examiner's staff. This coverage has been quoted by Dr. Coburn who has been able to obtain a cost of roughly $17.500. The payment of this insurance is also included as an obligation of the County within this annual agreement. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The cost to the County for this agreement is $715,200. Funds have been budgeted for FY 01-02 in Fund 001 for Medical Examiner Services. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the attached annual agreement between Collier County and Dr. Matra U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County. Prepared by: ['~arc:~l~ron, Emergency Services Approved by: Thomas Storrar, CEM, Administrator Emergency Services Date: (<'f//~,.,/C/ AGENDA ITEM No. /6'/= ~ SEP I 1~0'~1 pg. I AGREEMENT FOR MEDICAL EXAMINER SERVICES THIS AGREEMENT FOR MEDICAL EXAMINER SERVICES, (Agreement), made and entered into this day of ,2001, by and between Marta U. Coburn, M.D., Florida District Twenty Medical Examiner for Collier County, Florida, doing business as District Twenty Medical Examiner, a Florida Corporation, hereinafter called "Medical Examiner" and the Board of County Commissioners of Collier County, Florida, hereinafter called "County". WHEREAS, Dr. Marta U. Coburn was re-appointed Florida District Twenty Medical Examiner for Collier County, Florida, on July 2, 1999, by Jeb Bush. Governor of the State of Florida: and WHEREAS, Section 406.06(2), Florida Statutes, provides that the District Medical Examiner may appoint Associate Nledical Examiner(s) to provide medical examiner services at all times and all places within the district and that said Associate Medical Examiner(s) shall serve at the pleasure of the District Medical Examiner; and and r S \¥ HEREA , Section 406.06(3), Florida Statutes, states that District Medical Examiner(s) .Associate Medical Examiner(s) shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners in their respective district; and WHEREAS, Section 406.08(1), Florida Statutes, provides that fees, salaries and expenses tbr the Medical Examiner's office may be paid from the general funds or any other funds under the control of the Board of County Commissioners and that the District Medical Examiner shall submit an annual budget to the Board of County Commissioners; and WHEREAS, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory l'acilities utilized by the District Medical Examiner or Associate Medical Examiner(s) may be provided on a permanent or contractual basis by the counties within the district; and WHEREAS, Collier County desires to contract with Marta U. Coburn, M.D., Florida District ---.-- Txventy Medical Examiner, doing business as District Twenty Medical Examiner, a Florida AGENDA ITEM SEP 11 2001 Corporation, to provide medical examiner services under Chapter 406, independent contractor. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and provisions contained herein, the parties do hereby agree as follows: SECTION I TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2001, through September 30, 2002. SECTION II PURPOSE AND SCOPE OF CONTRACTUAL SERVICES The Medical Examiner hereby agrees to furnish services, labor and ali equipment not otherwise provided for, necessary for the complete performance of the services contemplated hereunder, to wit: to serve as Florida District Twenty Medical Examiner for Collier County, Florida in accordance with Chapter 406, Florida Statutes, and the standards promulgated by the Florida Medical Examiner's Commission. SECTION III COMPENSATION AND PAYMENTS A. The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, beginning on October 1. 2001. the amount of $28,475.00 semimonthly through September 30, 2002. B. Payments from the County to the Medical Examiner of the Compensation set forth in paragraph 3 "A" shall be made on the 15th and 30th days of each month. If the 15th or 30th of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be made on the next County business day. It is expressly understood that each semimonthly payment shall be made for the services furnished for the preceding period of time. As a condition of said semimonthly payment by the County, the Medical Examiner shall be in full compliance with Section VII of this Agreement regarding reports. C. The Medical Examiner agrees and understands that under the tern~s of this Agreement, a full professional staff (associate medical examiner(s) and autopsy technician(s) must be maintained in order to perform the Medical Examiner duties set forth under this Agreement and by Chapter 406, Florida Statutes. Florida Statutes, as an AGENDA ITEM No. ~ , ~ _~I__ SEP 11 2001 D. The County agrees and understands that the compensation provided for under this Agreement to the Medical Examiner is intended to cover the anticipated normal activities/workload of the Medical Examiner, based upon past statistics and reasonable projections. The County ac'knowledges and agrees that the semimonthly compensation of the Medical Examiner set forth in Section III of this Agreement has been established without consideration of disasters or occurrences of an unusual nature or magnitude such as would necessitate extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under this Agreement and Chapter 406, Florida Statutes. In the event of such disaster(s) or occurrences, the Medical Examiner shall consult with and shall seek, but not necessarily obtain, the approval of the Collier County Emergency Services Administrator or his/her designee, for any such expenditures. The Medical Examiner shall in all events retain the right to and shall then petition the Board of County Commissioners to reimburse the Medical Examiner for all extraordinary expenses and compensation which are justified and incurred by the Medical Examiner due to said disaster(s) or occurrence(s). The Medical Examiner shall provide invoices and receipts in an itemized mariner to support the petition to the Board of County Commissioners for extraordinary compensation and expenditures. Examples of extraordinars' disasters or occurrences include, but are not limited to. aircraft, bus and boat accidents where a simuhaneous large loss of life has occurred, hurricanes and other natural disasters, and an.',' other disasters or occurrences caused by nature or human beings where a large loss of life is experienced. Upon petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with the recommendation of the Emergency Services Administrator, the Board of County Commissioners shall determine, using a reasonable and objective standard, if extraordinalT compensation and/or expenditures shall be paid to the Medical Examiner. SEC'FION IV FACILITIES AND EQUIPMENT A. In accordance with Section 406.08(5), Florida Statutes, the County agrees to provide and insure, at no cost to the Medical Examiner, a facility and all medical-laboratory related equipment reasonably required by the Medical Examiner to perform the duties as District Medical Examiner. AGENDA ITEM No. ., /-T --',x _. SEP 11 P~. L/ All costs associated with maintaining the facility and its area landscaping will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's facility. B. All capital equipment needed and budgeted by the County for use by the Medical Examiner shall be purchased by, and be inventoried through, the County as County property. The procurement of said equipment shall be approved by the Emergency Services Administrator in accordance with the Collier County Purchasing Policy, upon submission of a requisition by the Medical Examiner. The Medical Examiner agrees to take reasonable care, maintain and repair any equipment provided by the County. The County agrees to include all equipment reasonably required by the Medical Examiner in the annual medical examiner budget submitted to the Board of County Commissioners for approval. C. Except as otherwise provided in this Agreement, the Medical Examiner shall be solely responsible for the payment of all normal and ordinary services, fees. and costs encumbered in the course of the Medical Examiner's office's operation. SECTION V PROFESSIONAL LIABILITY INSURANCE Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical Examiner for professional liability insurance. This payment shall be in addition to the semimonthly compensation paid to the Medical Examiner by the County under Section II1 of this Agreement. As a condition precedent to the County paying for the Medical Examiner's professional liability insurance, the Medical Examiner shall present to the County an invoice evidencing the purchase by the Medical Examiner of said insurance coverage. SECTION VI USE OF FACILITIES AND EQUIPMENT BY THE MEDICAL EXAMINER The Medical Examiner shall be allowed to use the County's facility and laboratory equipment for humanitarian and/or charitable purposes provided that these purposes in no way interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier County. As provided in Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner not x~ithin the scope of the official duties performed for Collier County. The performance by the AGENDA ITEM No. ., ~,'~ -'h IiCi- c_~ SEPq 1 2001 p~. .-5' Medical Examiner of humanitarian and/or charitable services under this paragraph shall not be considered part of the official duties of the Medical Examiner. SECTION VII REPORTS The Medical Examiner agrees to provide to the County a quarterly report which shall include, minimally the following: A. Number of all investigations and narrative reports for non-autopsy medical examiner cases; B. Number of all autopsies performed; C. Court cases and medical/legal conferences, number and hours spent; D. Number of authorizations for all cremations and burials at sea and anatomical dissections; E. Number of hours of scene investigations; F. Any other activities not described above; G. The activity report shall be submitted by the 10th day of the following month to the County's Emergency Services Administrator. SECTION VIII MEDICAL EXAMINER AS INDEPENDENT CONTRACTOR A. It is hereby stated to be the expressed intent of the parties that under this Agreement the Medical Examiner shall act exclusively as an independent contractor rendering professional services for the County in accordance with Chapter 406, Florida Statutes, and the Medical Examiner shall not be considered as an employee or agent of the County. The Medical Examiner shall be solel,~ responsible for the payment of all applicable taxes for compensation paid to the Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not be eligible for, nor participate in, any fringe benefits from the County. B. The Medical Examiner shall be responsible for employing and providing by separate Agreement, independent of the County, all personnel or other services necessary for the performance of the duties and responsibilities under this Agreement and in accordance with Chapter 406, Florida Statutes. The Medical Examiner shall have complete supervision and control over said employees AGENDA ITEM who shall not be entitled, as a result of this Agreement, to any benefits granted employees of the County. C. Pursuant to Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner that are not within the scope of the official duties as Medical Examiner. SECTION IX NO PARTNERSHIP Nothing contained in this Agreement shall create or be construed as creating a partnership between the County and the Medical Examiner. SECTION X NO DISCRIMINATION The Medical Examiner agrees that there shall be no discrimination as to race, sex, color, creed or national origin at any County facilities provided under this Agreement and with regard to the provision of the services of the Medical Examiner contemplated by this Agreement. SECTION XI COMPENSATION FOR MEDICAL EXAMINER EXPERT TESTIMONY IN COLLIER COUNTY CRIMINAL PROCEEDINGS In addition to the compensation provided for in Section III of this Agreement from the County to the Medical Examiner, the Medical Examiner shall be paid by the County for expert testimony relating to Medical Examiner services performed in criminal cases pending in the 'Collier County courts. Expert testimony furnished by the Medical Examiner shall be compensated at a rate of $200.00 per hour and shall be paid upon the presentation of a motion for payment of said expert witness fee from the state attorney, public defender or court-appointed counsel. SECTION XII NOTICES All notices from the County to the Medical Examiner shall be deemed duly served if mailed by registered or certified mail to the Medical Examiner at the following address: Office of the Medical Examiner 3838 Domestic Avenue Naples, FL 34104 ' ,~GENDA ITEM No. I SEPt1 2001 Pg/. All notices from the Medical Examiner to the County shall be deemed duly served if mailed by registered mail to the County at the following address: Emergency Services Administrator 3301 East Tamiami Trail Naples, Florida 34112 The County and the Medical Examiner may change the above mailing addresses at any time by giving the other party written notification within 15 days of said mailing address change. All notices under this Agreement must be in writing. SECTION XIII NO IMPROPER USE The Medical Examiner will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purposes, or for any purpose in violation of any federal, state, county, or mtmicipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Medical Examiner, the County shall have the right to suspend this Agreement with the Medical Examiner. Should the Medical Examiner fail to correct any such violation within twenLv-four hours after receiving notice of such violation, such suspension shall continue until the violation is cured. SECTION XIV INDEMNIFICATION The Medical Examiner, in consideration of ten dollars, the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier Cotinty and its agencies and employees from all suits and actions, including attorney fees and all costs of litigations and judgments of any name and description arising out of, or incidental to, the performance of this Agreement or services performed thereunder. The Medical Examiner's obligation pursuant to this provision shall not be limited in any way by the agreed-upon compensation under this Agreement or the Medical Examiner's limit of, or lack of, sufficient insurance protection. The first ten dollars of compensation received by the Medical Examiner under this Agreement is considered as payment of AGENDA ITEM SEP-'] I 2o01 Pig. ~ this obligation by the County. This section does not pertain to any incident arising from the sole negligence of Collier County. SECTION XV TERMINATION AND CONTINUITY OF SERVICES A. This Agreement may be terminated by either party upon ninety days written notice to the other party by Registered Mail, return receipt requested. The parties shall deal with each other in good faith during the ninety-day period after any notice of any intent to terminate has been given. Either party may terminate this Agreement immediately for reasonable cause, upon written notice to the other. Reasonable cause shall include but not be limited to: (1) Material violation(s) of this Agreement; (2) Suspension or revocation of the Medical Examiner's license to practice medicine or other disciplinary actions taken against the Medical Examiner by the Florida Medical Examiners Commission or similar regulatory authority; (3) Revocation of the Medical Examiner's appointment as Medical Examiner for Florida Medical Examiner District 20; (4) Any violation of the Medical Examiner's duties as required under Chapter 406. Florida Statutes; (5) Repeated and/or prolonged absence(s) from office substantially affecting the performance of the duties of the Medical Examiner under this Agreement; (6) The death of the Medical Examiner; (7) Physical and/or mental incapacitation of the Medical Examiner substantially affecting the perfbrmance of the duties of the Medical Examiner under this Agreement. B. In the event of a termination of this Agreement by the County, the County shall only be required to pay such compensation to the Medical Examiner as she may be entitled to for services performed until the time of termination. SECTION XVI AMENDMENTS This Agreement may be modified by amendment at any time provided that such amendment is in writing and signed by both parties. AGENDA ITEM SECTION XVII ATTORNEY FEES In the event of any litigation arising under this Agreement, the prevailing party shall be entitled to recoup attorney fees and all costs of litigation from the non-prevailing party at both trial and all appellate levels. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above xvritten. ATTEST: Dwight E. Brock, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D.,Chairman Date: (SEAL) Typed or Printed Name I~I~.rta U. Coburn, M.D. Medical Examiner Florida District Twenty Second Witness Typed or Printed Name Approved as to form and legal sufficiency: nty Attorney AGENDA ITEM 11 2001 EXECUTIVE SUMMARY APPROVAL OF A CONTRACT BETWEEN COLLIER COUNTY AND ROBERT BOYD TOBER, INC. FOR MEDICAL CONSULTING SERVICES AS MEDICAL DIRECTOR FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT OBJECTIVE: Board approval ora contract between Collier County and Robert Boyd Tober, Inc. to provide medical consulting services as Medical Director for the Emergency Medical Services Department. CONSIDERATIONS: As required by Florida Statute 401, the Emergency Medical Services Department provides pre-hospital emergency medical care under the direction of a licensed, board certified emergency physician acting as Medical Director. Florida Statute 401 also requires a Contractual Agreement between the County and the physician providing the Medical Director services. Under the terms of the Agreement, an annual increase of 5% is allowed upon approval by the Board of County Commissioners. The Agreement has been reviewed and approved for legal form and sufficiency by the Count>' Attorney' s Office. FISCAL IMPACT: Funds in the amount of $50,000 have been budgeted in EMS Fund 490. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize the attached contract between Collier County and Robert Boyd Tober, Inc. for medical consulting services as Medical Director for the Emergency Medical Services Department. .Jofge/~quilera, EMS Commander REVIEWED BY: O'?--x/';k/ h,..-4; Date: APPROVED BY: 7~~~ ,,~ wr~.,~o._,-~ Date: Fo?'L,._~omas Storrar, Emergency Services Administrator COLLIER COUNTY EMERGENCY SERVICES MEDICAL CONSULTANT CONTRACT THIS MEDICAL CONSULTING CONTRACT made this _ day of _, 2001 by and between ROBERT BOYD TOBER, INC., hereinafter referred to as Consultant, and COLLIER COUNTY, FLORIDA, betel'halter referred to as the County. WITNESSETH WHEREAS, the County is responsible for emergency services in COLLIER COUNTY, Florida; and WHEREAS, Emergency Medical Services, (hereinafter "EMS"), are a logical extension of existing health care services performed by the County in the above described geographic area; and WHEREAS, Consultant ROBERT TOBER, M.D., a duly licensed physician in the State of Florida who is specially trained in the field of emergency medicine; and WHEREAS, the County and Consultant have previously entered into a Medical Consulting Contract dated June 18, 1996 which provides for automatic renewal pursuant to certain conditions', and WHEREAS, said conditions have been met for renewal of the contract and the parties hereto manifest their mutual desire to renew same with certain changes contained herein; and NOW THEREFORE, in consideration of the promises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1. LICENSE: ROBERT TOBER, M.D. is at the present time a duly licensed physician in the State of Florida and he has agreed to maintain his license in full force and effect dunng the term of this contract. If for any reason during the term of this Contract, the County no longer contracts with DR. TOBER, or if DR. TOBER should lose his license to practice medicine, this contract shall immediately become null and void. I AGENDA ITEM' No. i C(_¢ , -'_ --~ . SEP11 2001 2. GENERAL DUTIES: Consultant shall be an independent contractor and shall be directly responsible to the Division Administrator of the Emergency Services Division for the performances of services as Medical Director as more specifically defined in this agreement and as set forth in Section 401.265, Florida Statutes. The Consultant shall be responsible for the implementation of such planning and coordination as m~.y be necessary to deliver advanced life support by Paramedics (including EMs and Fire District personnel) trained to the level of advanced and basic medical technicians, which may require intravenous administration of resuscitative drugs and the performance of sophisticated technical emergency emergency procedures. 3. TERM OF CONTRACT: The initial term of this contract shall be from October 1, 2000 to September 30, 2001. The parties agree that the term of the Contract shall be automatically renewed on a yearly basis from October 1, through September 30 with the same terms, conditions and obligations as set forth herein, unless terminated by County upon sixty (60) days written notice to Consultant. 4. COMPENSATION: The County shall pay to the Consultant the sum of $50,000 per annum, as full compensation for the services rendered herein and no other compensation. The County will pay the cost of the professional liability insurance. The Medical Director shall not be eligible for any employee benefits other than this compensation. This sum shall be paid to the Consultant in twelve (12) equal monthly payments commencing with the effective date of the Contract, with each monthly payment being payable by the l0th of each month. The Consultant will be entitled to a 5% annual increase beginning October 1, 2001 upon written notification by the Emergency Services Administrator by September 15th of each year, beginning on September 15, 2001, and upon approval by the Board of County Commissioners. 5. PATIENT RECORDS: The County shall make available, within two days of request, any and all medical records, reports, documents and other relevant materials, including IAGENDA ITEM audio and visual tapes requested by the Consultant. This includes all run reports, medical test results, recordings on tape and any other reasonably available similar information. 6. CONFIDENTIAL COMMUNICATIONS: Except as may be provided by general law, the County agrees to keep all medical records confidential and allow no communication of records or patient information withou't a written release from the patient or the Consultant. 7. REPORT: The County agrees to give the Consultant full and detailed reports regarding any case which it reasonably believes has the potential for legal action against the County or its employees pertaining to EMS. 8. DISCIPLINARY ACTIONS: The County agrees to give the Consultant a full written report of any and all Emergency Medical Services personnel who are known to have violated any standing or verbal orders. Consultant shall be given full support for removal of any program participant as provided for in State regulations governing Advanced Life Support Providers. 9. DUTIES AND RESPONSIBILITIES OF THE CONSULTANT: a. He shall be from a broad-based medical specialty such as emergency medicine, internal medicine, anesthesiology, or other surgical specialty, with demonstrated experience in pre-hospital care and hold an ACLS certificate of successful course completion or be board certified in emergency medicine. b. He shall demonstrate and have available for review documentation of active participation in a regional or statewide physician group involved in pre-hospital care. c. He shall supervise and accept direct responsibility for the medical performance of the paramedics working for Collier County EMS. d. He shall develop medically correct standing orders or protocols relating to life cannot be established with a support system procedures when communication AGENDA ITEM Pg. L/ supervising physician or when any delay in patient care would potentially threaten the life or health of the patient. e. He shall issue standing orders and protocols to Collier County EMS to ensure that it transports each of its patients to facilities that offer a type and level of care appropriate to the patient's medical condition if available within the service region. f. He or his appointee shall provide continuous 24-hour-per-day, 7-day-per-week medical direction which shall include, in addition to the development of protocols and standing orders, direction to Collier County EMS personnel as to the availability of "off-line" service to resolve problems, system conflicts, and provide services in an emergency as that term is defined by section 252.34(3), Florida Statutes. g. He shall establish a quality assurance committee to provide for quality assurance review of all paramedics operating under his supervision. h. He shall audit the performance of system personnel by use of a quality assurance program that includes but is not limited to a prompt review of patient care records, direct observation, and comparison of performance standards for drugs, equipment, system protocols and procedures. He shall be responsible for participating in quality assurance programs that may be developed by the department. i. He shall ensure and certify that security procedures of the Collier County EMS for medications, fluids and controlled substances are in compliance with chapters 401, 499 and 893, Florida Statutes, and chapter IOD-45 of the Florida Administrative Code. j. He shall create, authorize and ensure adherence to, detailed written operating procedures regarding all aspects of the handling of medications, fluids and controlled substances by the EMS personnel and comply with ali requirements of chapters 401, 499 and 893, Florida Statutes. 4 AGENDA ITEM No., ' SEP[/' {"-c Fl 2001 p~. .~ k. He shall notify the Florida Department of Health, (hereinafter the "Department") in writing when the use of telemetry is not necessary. 1. He shall notify the department in writing of each substitution by Collier County EMS of equipment or medication. m. He shall assume direct responsibility for the use by a Collier County paramedic of an automatic or semi-automatic defibrillator and the performance of esophageal intubation, and on routine interfacility transports, the monitoring and maintenance of non-medicated I.V.s. He shall ensure that the paramedic is trained to perform these procedures; shall establish written protocols for the performance of these procedures; and shall provide written evidence to the department documenting compliance with the provisions of this paragraph. n. He shall ensure that all paramedics are trained in the use of the trauma scorecard methodologies as provided in sections 64E-2.017 of the F.A.C., for adult trauma patients and 64E-2.0175, F.A.C., for pediatric trauma patients. o. He shall participate as a crewmember on an EMS vehicle for a minimum' of 10 hours per year and complete a minimum of 10 hours per year of continuing medical education related to pre-hospital care or teaching or a combination of both. p. He shall ensure that all Collier County paramedics have all proper certifications and receive all training necessary to maintain their certification. 10. ADDITIONAL DUTIES: Consultant shall also be responsible for assisting in the following additional duties: a. Consultation in the planning for Emergency Medical Services Department to be provided by the County, including the design of vehicles, equipment, supplies, distribution resources, emergency medical services personnel training and medical policy, protocol, planning and development. AGENDA ITEM SEP 11 2001 b. Consultation in the coordination of training of paramedical personnel, including the determination of training criteria for certification. c. Organizing, coordinating and participating as an instructor in the in-service education programs and quality control of the patient care in day-to-day delivery of emergency medical services by the County. d. Serving as a liaison between the County and the appropriate community hospitals, medical societies, practicing physicians and training facilities in the area. e. Providing such assistance as may be required in the preparation and administration of any grant programs for the establishment and improvement of the system. f. All duties outlined in Rule 64-E Florida Administrative Code for Emergency Medical Services Medical Director that are not specifically set forth herein and as may be changed from time to time by the department.. g. He shall keep adequate records and supporting documentation, which concern or reflect his services under this Contract. h. Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. 11. LIABILITY AND REMEDIES IN BREACH OF CONTRACTS: It is recognized that the provision of advanced life support services requires that the County have a Medical Director. Accordingly, the Consultant shall not refuse to perform these services dunng the terms of this Contract so long as it is able to so perform, and the County shall have the right to specific performance of the provisions of this contract. In addition, the Consultant shall be liable to the County for his unreasonable failure or refusal to perform the services required hereunder. 6 AGENDA ITEM No. No modification, or change in this Agreement shall be valid or binding upon the parties, unless in writing, and executed by the party or parties intended to be bound by it. Unless otherwise specified, the laws, rules and regulations of the State of Florida shall govern this Agreement. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida State Court in Collier County, Florida. 12. CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHIP: Nothing in this Contract shall be interpreted as preventing the Consultant from operating any other business or being similarly employed with any other emergency medical service that is lawfully licensed by the County (within Collier County, Florida) and the State. However the Consultant shall not accept any employment or enter into any contractual relationship that would create a conflict between such interest and the performance of its duties hereunder. Nothing in this Contract shall be interpreted as preventing the Consultant, a contractual employee of the County, from being employed in any other capacity, including, but not limited to the operation of a medical practice, the employment as a staff member of any hospital, or the serving as a medical director for any other emergency medical service which is lawfully licensed by the County (if located within Collier County) and the State. 13. SUCCESSOR: The Contract shall be binding upon the successors of the County. This Contract shall not be assignable by the Consultant. 14. TERMINATION: This Contract may be terminated by either party, with or without cause, upon sixty (60) days written notice to the other party of such party's intention to terminate the Contract. 15. PRO-RATIONS UPON TERMINATION: In the event of the termination of this Contract, the Consultant's compensation due under Paragraph 4 shall be prorated on the basis AGENDA ITEM SEP1 20:;1 of the number of days elapsed from the effective date of the Contract, divided by three hundred sixty-five (365). 16. MANUALS: All manuals of procedure and instructional material, which are created or prepared by the Consultant, shall be and remain the property of the Consultant. 17. ADDITIONAL LICENSES: Consulthnt agrees to obtain and maintain throughout the period of this Agreement, all such licenses as are required to do business by the Consultant in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by any State Boards or other Governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the Consultant, pursuant to this Agreement. 18. INSURANCE: The County shall, pay for, and maintain, during the life of this agreement, professional liability insurance. Collier County shall be named as an additional insured on the certificate of insurance for the policy. - AGENDA ITEM No. I SEP 11 2031 Pg,.... IN WITNESS WHEREOF, the parties have executed this agreement as of the date first written above. ATTEST: DWIGHT E. BROCK, CLERK BOARD O1~ COUNTY COMMISSIONERS of Courts OF COLLIER COUNTY, FLORIDA By: By: JAMES D. CARTER, Ph.D., CHAIRMAN Witnessed~ ROBERT BOYD TOBER, PRESIDENT Approved as to form and Legal Sufficiency: ~4CQL~LINE Hm~I~D ROBINSON ~ssistant County Attorney H/Jackie/EMS ContracUTober Medical Contract 2001 .Revised AGENDA ITEM No.,, SEP 2001 EXECUTIVE SUMMARY APPROVAL OF AN AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS FOR THE REVIEW AND UPDATE OF HAZARDOUS ANALYSES AT DESIGNATED FACILITIES WITHIN COLLIER COUNTY THAT POSSESS EXTREMELY HAZARDOUS SUBSTANCES AT OR ABOVE THE THRESHOLD PLANNING QUANTITY. OBJECTIVE: Board approval of Agreement #02CP-11-09-21-22-007 between the State of Florida, Department of Community Affairs (DCA) and Collier County by accepting the sum of $7,330 for the review and updating of hazard analyses for 30 facilities within the county that store extremely hazardous substances above the threshold planning quantity, as defined by the United States Environmental Protection Administration (USEPA). CONSIDERATION: With the enactment of the Superfund Amendment and Re- authorization Act of 1986 (SARA Title III) and the State of Florida Hazardous Materials Response and Community Right-to-Know Act of 1988 (Chapter 252, Part II, I.S), each Florida county was tasked to develop a response plan that meets all Federal and State requirements. A Hazardous Material Response Plan was approved and adopted by the Board of County Commissioners on August 13, 1991. In addition to Federal and State requirements, the Conservation and Coastal Management Element of the County Growth Management Plan requires that hazard analysis site visits be made at all sites biennially. To better manage the ~vorkload, the Department of Community Affairs has allowed the County to perform 50% of the required visits each year. To comply with the terms of the Agreement, all hazard analyses must be completed and forwarded to DCA by March 1, 2002. The Agreement is fixed-fee and performance based for the sum of 57,330. Upon approval of the Agreement, the Emergency Management Director shall be the authorized official who will prepare and remit invoices as specified in the Agreement per Attachment "B", Scope of Work and Schedule of Payments. FISCAL IMPACT: S12,000 was included as revenue in the Emergency Management Grant Fund 118 for FY 02. Revenue in Fund 118 will be reduced by S4,670 to account for the reduction in grant revenue. GROWTtt MANAGEMENT IMPACT: The review and updating of hazard analyses is required by the Conservation and Coastal Management Element of the County'G~- Management Plan, Objective #9.1, Policy 9.1.F. ' RECOMMENDATION: That the Board of County Commissioners approve the Agreement between the State of Florida, Department of Community Affairs and Collier County for the review and updating of hazard analyses for the facilities listed in Attachment "C" of the Agreement. ergency Management Director APPROVED BY: Thomas Storrar, Emergency Services Administrator AGENDA ITEM No. ,/U SEP ~ 21101 Contract Number: 02CP-11-09-21-22-007 CONTRACTUALSERVICES AGREEMENT THIS AGREEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Department"), and Collier County, (hereinafter referred to as the "County"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the County represents that it is fully qualified, possesses the requisite skills, knowledge, qualifications and experience to provide the services identified herein, and does offer to perform such services, and B. WHEREAS, the Department and the County recognize the significant threat that hazardous materials incidents pose to the residents and the environment of the State of Florida; and C. WHEREAS, safeguarding the lives and property of its residents is an innate responsibility of the governing body of each county in the State of Florida; and D. WHEREAS, the 2001 Legislature authorized funding to support county hazardous materials emergency planning through the Department. NOW, THEREFORE, the Department and the Count'/do mutually agree as follows: (1) SCOPE OF WORK. The County shall furnish the necessary personnel, materials, services and facilities (except as otherwise provided herein) and shall do all things necessary for or incident to the performance of work and services set forth in this Agreement and in the Scope of Work attached hereto and incorporated by this reference as Attachment B. The County shall perform and render such work as an independent Contractor and not as an agent, representative or employee of the Department. Such work shall be performed in a proper manner, satisfactory to the Department. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES. Both the County and the Department shall be governed by applicable State and Federal laws, rules and regulations. (3) PERIOD OF AGREEMENT, This Agreement shall begin on July 1, 2001 and shall end June 30, 2002, unless terminated earlier in accordance with the provisions of paragraph (8) of this Agreement. (4) MODIFICATION OF CONTRACT: REPAYMENTS Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement. SEP 11 2001 Pg. ~ All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the follow, ing address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Fla. Stat., if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft. (5) RECORD KEEPING (a) If applicable, County's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." (b) Ail original records pertinent to this Agreement shall be retained by the County for three years following the date of termination of this Agreement or of submission of the final close-out report, whichever is later, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the three 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. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after dosing of title. (c) All records, including supporting documentation of all costs, shall be sufficient to determine compliance with the requirements and objectives of the Scope of Work and Schedule of Payments- Attachment B - and all other applicable laws and regulations. (d) The County, its employees or agents, including all subcontractor or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. (6) MONITORING AND REPORTING REQUIREMENTS. (a) The County shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work and Schedule of Payments is being accomplished within specified time periods, and other performance goals are being achieved. AGENDA/TEM ,--1 "°'-' '/(? SEP 2001 ! · (b) The Department shall be entitled at all times to be advised verbally or, if requested, in writing, of the status of the work being performed by the County. Upon request, a written status report will be provided within ten (10) days. Either party to the Agreement may request, and be granted upon reasonable'notice, a conference for the presentation of reports or the resolution of problems. (c) By October 1, 2001, the County shall submit to the Department the County's timeline or work schedule for the completion of the scope of work, along with a designated contact person, address, telephone number, e-mail address and one completed hazards analyses for review. The County sha~l also indicate the software program that will be used to generate the hazards analyses (i.e. CAMEO for Windows). The Department reserves the right to approve, or disapprove, software to be used to generate hazards analyses. (7) LIABILITY. The County, which is a state agency or subdivision, as defined in Section 768.28, Fla._.~ Stat..____.,., agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the County to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (8) DEFAULT; REMEDIES: TERMINATION~ (a) If the necessary funds are not available to fund this agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the part of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the County in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the County shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the County at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with the Department, and the County fai~s to cure said material adverse change within thirb/(,30) days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the County has failed to perform and complete in timely fashion any of the services required under the Scope of Work attached hereto as Attachment B. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon written notice to the County and upon the County's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the AGENDAJTEM 3 No. /f( SEP 11 2001 following remedies shall not preclude the Department from pursuing any other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the County is given at least thirty (30) days prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the County to determine the reasons for or the extent of non- compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the County to suspend, discontinue or refrain from incurring costs for any activities in question or requiring the County to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the County to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, Fla. Stat., as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) The County shall return funds to the Department if found in non-compliance with laws, rules, regulations governing the use of the funds or this Agreement. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the County shall not be relieved of liability to the Department by virtue of any breach of Agreement by the County. The Department may, to the extent authorized by law, withhold any payments to the County for purpose of set-off until such time as the exact amount of damages due the Department from the County is determined. (9) NOTICE AND CONTACT. (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the County's contact person. The County is required to provide the name of a contact person and contact information in Attachment B, Scope of Work, section 1, Task 1. AGENDA ITEM SEP 11 2001 (10) OTHER PROVISIONS. (a) The validity of this Agreement is subject to the truth and accuracy of all the information,' representations, and materials submitted or provided by the County in this Agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days written notice to the County, cause the termination of this Agreement and the release of the Department from all its obligations to the County. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in the County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. (c) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the County shall affect or extend or act as a waiver of any other right or remedy of the Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department for any further or subsequent default by the County. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The County agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq,), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a County, 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. (11) AUDIT REQUIREMENTS, (a) The County agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The County shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. ^GENDSJTE~ ,, SEP 1 P~. ~ (d) If the contract amount is $300,000 or more, then the County shall also provide the Department with an annual financial audit report which meets the requirements of the Single Audit Act of 1984, 31 U.S.C. ss. 7501-7507, OMB Circular A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement. The funding for this Agreement was received by the Department as a Contractual Services appropriation. 1. The annual financial audit report shall include all management letters and the County's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. The complete financial audit report, including all items specified in (12)(d) 1 and 2 above, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (e) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the County shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the County of such non-compliance. (f) The County shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of three years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. (g) The County shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicabIe provisions noted above. (h) The audit is due seven (7) months after the end of the fiscal year of County or by the date the audit report is issued by the state Auditor General, whichever is later. (12) SUBCONTRACTS. (a) If the County subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Department within thirty (30) days upon request. The County agrees to include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and regulations, and (ii) the subcontractor shaIl hold the Department and County harmless against all claims of whatever nature arising out of the subcontractor performance of work under this Agreement, to the extent allowed and required by law. All subcontracts shall be subject to the approval of the Department. SEP 11 2001 (13) TERMS AND CONDIT ONS. The Agreement contains all the terms and conditions agreed upon by the parties. (14) A'FTACHMENTS, (a) All attachments to this Agreement are incorporated as if set out fully herein. The attachments to this contract are as follows: Attachment A - Compensation and Financial Reporting Requirements Attachment B - Scope of Work and Schedule of Payments Attachment C - County Facility Listing Attachment D - Financial Invoice Attachment E - Federal Lobbying Prohibitions Attachment F - Copyright, Patent and Trademark (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. (15) FUNDING/CONSIDERATION_ (a) This is a fixed fee agreement. As consideration for performance of work rendered under this Agreement, the Department agrees to pay a fixed fee of up to $7,330.00. Payment will be made in accordance with the provisions of Attachment A (Compensation and Financial Reporting Requirements). (b) The sole intent of this Agreement is to provide financial assistance to the counties to support the conduct of site-specific hazards analyses and hazardous materials emergency management activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materiafs preparedness, response, recovery or mitigation activities. Contract funds are not required to be expended within the contract period. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreement. (16) STANDARD CONDITIONS. The County agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat_. or the Florida Constitution. (b) If otherwise allowed under this Agreement, the Agreement may be renewed on a yearly basis for a period of up to two (2) years after the initial agreement or for a period no longer than the term of the original agreement, whichever period is longer, specifying the terms under which the cost may change as determined in the invitation to bid, request for proposals, or pertinent statutes or regulations. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with s. 112.061, Fla. Stat_. SEP 11 2OO'l (e) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the County to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., and made or received by the County in conjunction with this Agreement. (f) If the County is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any County who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any County of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the County of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (17) COPYRIGHT, PATENT AND TRADEMARK If applicable to this Agreement, refer to Attachment F for terms and conditions relating to copyrights, patents and trademarks. (18) LEGAL AUTHORIZATION. The County certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The County also certifies that the undersigned possesses the authority to legally execute and bind County to the terms of this Agreement. (19) VENDOR PAYMENTS. Pursuant to Section 215.422, Fla. Stat., the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) .Fla. Stat. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. AGE N DALT E M SEP 11 IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials as duly authorized. COLLIER COUNTY, FLORIDA By: James D. Carter, Ph.D., Chairman Board of County Commissioners Date: STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: By: Name/Title Date: 59-6OO0558 Federal Employer ID Number 52-202510060-52600000-00-03000000 SAMAS # ATTEST: Dwight E. Brock, Clerk By: (Deputy Clerk) Approved as to Form and Legal Suffic4ency .0 count) Attorney 9 AGENDA. ITEM , SEP 11 2001 Attachment A COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS A. Upon execution of this Agreement, the County shall be compensated for tasks completed in accordance with the Scope of Work and Schedule of Payments, which are incorporated in this Agreement as Attachment B, except as provided herein. B. The payment of the percentages of the fixed fee amount will be made on a performance basis in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be released until the final work product is completed, submitted, and determined to be acceptable by the Department. All hazards analyses shall be received by the Department not later than March 1, 2002 except that a later date may be agreed upon in writing by both parties to this Agreement. Absent any extenuating circumstances, and except as otherwise provided in this Agreement work submitted after March 1, 2002 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circumstances and granting extensions to the work submission deadline. C. Each request for payment shall be initiated by the Department upon receipt of an acceptable Financial Invoice (Attachment D). The County shall submit an Attachment D, for payment that is commensurate with the percentage of hazards analyses submitted. The County shall submit an Attachment D, for the twenty-five (25) percent final payment, to the Department with required corrections to the hazards analyses within forty-five (45) days of the contract termination date. The Department will release the final payment only upon a determination that all hazards analyses are complete and acceptable, an approved copy of the hazards analyses has been sent to the applicable Local Emergency Planning Committee (LEPC) and notification has been made to all facilities and response agencies that the hazards analysis information is available upon request. The county emergency management director, or an official designated in writing by the director, shall sign the Financial Invoice (Attachment D). No request will be processed until the Financial Invoice is correct and supported by the product which meets the requirements of this Agreement. D. In the event that the County submits less than one hundred (100) percent of the hazards analyses on March 1,2002, then the payment due shall be reduced by an amount commensurate with the number of omitted hazards analyses and the number of days late, if any. E. If the Department finds that the County is not in compliance with the terms of this Agreement, or is not in compliance with any other grant program administered by the Department, then without waiving its right to terminate this Agreement, the Department may, with written notice, withhold payment until the County is in compliance with and is performing satisfactorily under this Agreement or the applicable requirement of any other grant program administered by the Department. The notice will be sent by Certified Mail, with return receipt requested, to the designated contact person. Noncompliance under this section includes, but is not limited to, the County's failure to submit timely, accurate and complete products required under this Agreement. 10 AGENDA ITEM No. ? SEP 11 Attachment B SCOPE OF WORK AND SCHEDULE OF PAYMENTS HAZARDOUS MATERIALS SITE-SPECIFIC HAZARDS ANALYSES PURPOSE Submission of completed hazards analyses that comply with the hazards analysis criteria outlined in this Attachment. The primarY guidance document is the "Technical Guidance for Hazards Analysis." All hazards analyses shall be consistent with the provisions of this document. Any variation from the procedures outlined in this document must be requested in writing by certified mail, return receipt requested and approved by the Department. I. DESCRIPTION OF WOR_K TASK 1: Coordination of Activities The following includes, but is not limited to, activities to be performed under this Agreement: A. Notification of the County's contact person, address, telephone number and so.rare utilized to the Department by October 1,2001. B. Submission of one completed hazards analysis by October 1, 2001 for review of consistency with the established planning criteria. C. Participation in a technical assistance training session provided by the Department is necessary to fulfill the Scope of Work. The Department reserves the right to waive this requirement. D. Submit a list of facilities in the County believed to have present Extremely Hazardous Substances (EHSs) as designated by the Environmental Protection Agency (EPA) in quantities at or above the Threshold Planning Quantity (TPQ), but have not reported to the SERC and are not included on Attachment C. E. Notify response agencies within the County of the availability of hazards analyses information and make that information available upon request. F. Notify Section 302 facilities of the availability of hazards analysis information and make that information available upon request. G. Ensure that the Hazards Analysis information is reflected in the county Local Mitigation Strategy. TASK 2: Review and Update of Hazards Analvse~s A. Review and update hazards analyses for all facilities listed in Attachment C, which have reported to the State Emergency Response Commission (SERC) that they have present those specific EHSs designated by the EPA in quantities at or above the TPQ. It is required 3.I AGENDA ITEM No. /[[ ~ q. SEP 11 2001 that each Attachment C facility be contacted by on-site visit to ensure accuracy of hazards analysis. Each facility hazards analysis must include, but is not limited to, the following items: 1. Facility Information Facility name and address Provide both physical address (no Post Office Box) and mailing address, if different. Identify any discrepancies regarding facility name and/or address compared to the Attachment C listing. Facility Identification SERC Code and geographic coordinates (latitude and longitude in degrees, minutes and seconds). Facility Emergency Coordinator Provide the name, title and telephone number (include 24-hour) of the designated facility coordinator. Transportation Routes List the main routes used within the county to transport chemicals to and from the facility. e. Evacuation Routes Based on wind direction from the North, South, East and West, identify the route(s) from the facility to exit the Vulnerable Zone (VZ). h. Historical Accident Record Describe any past releases or incidents that have occurred at the facility. Include date, time, chemical name, quantity and number of persons injured or killed (This information is available from the facility). Hazard Identification a. Chemical identities Provide proper chemical name, CAS number and natural physical state of each EHS present at the facility at any given time according to exhibit C of the Technical Guidance for Hazards Analysis. Maximum quantity on-site Express in exact pounds (not range codes) the maximum quantity of each EHS the facility wculd have on-site at any given time. 12 do Amount in largest container or interconnected vessels Express in pounds the amount of each EHS stored in the largest vessel or interconnected vessels (This is the release amount used to determine the Vulnerable Zone). Type and design of storage container or vessel Indicate the storage method of each EHS, i.e., drum, cylinder, tank, and their respective capacities (It is helpful to indicate system types such as manifold versus vacuum as well). Nature of the hazard Describe the type of hazard most likely to accompany a spill or release of each EHS, i.e., fire, explosion. Vulnerability Analysis ao Extent of the Vulnerable Zone Identify the estimated geographical area that may be subject to concentrations of an airborne EHS at levels that could cause irreversible acute health effects or death to human populations within the area following an accidental release. Estimate Facility Population Provide an estimate of the maximum number of employees present at the facility at any given time. Critical Facilities List facilities and their populations within the VZ which are essential to emergency response or house special needs populations, i.e., schools, public safety facilities, hospitals, etc., and their maximum expected occupancy. Individual critical facility populations and total populations within VZs shall be provided. Estimated Exposed Population Provide an estimate of the maximum possible population within the VZ that would. be affected in a worst case release. Risk Analysis a. Probability of release Z3 i-NCGENDA iTEM SEP 11 2001 Rate the probability of release as Low, Moderate, or High based on observations at the facility. Considerations should include history of previous incidents and current conditions and controls at the facility. Severity of consequences of human injury Rate the severity of consequences if an actual release were to occur. Severity of consequences of damage to property Describe the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur. Severity of consequences of environmental exposure Describe the potential damage to the surrounding environmentally sensitive areas, natural habitat and wildlife if an actual release were to Occur. Identify those facilities in Attachment C for which a hazards analysis was not submitted. Supporting documentation must be provided with the list to account for the facilities for which a hazards analysis was not completed. In addition to the SERC Code Identification, supporting documentation should indicate: TASK 3: A. Facility has closed or is no longer in business. Facility is not physically located in the County (indicate appropriate county location, if known). Facility does not have EHSs on-site or EHSs are below TPQ. These facilities require: a. A Statement of Determination from the facility representative for the previous reporting year; or b. A letter from the facility representative fully explaining why the EHSs are not now present at or above TPQ and a date when the EHSs were removed from the facility. On-Site Visits Conduct a detailed on-site visit for all of the facilities listed in Attachment C, to confirm the accuracy and completeness of information in the hazards analysis (Task 2). Submit a site plan map with the location of each EHS at the facility and in sufficient detail to identify: 1. Location of major building(s) 2. Location of container(s) of EHSs AGENDA ITEM SEP 20{}1 Location of major streets and entrance(s) North arrow and scale, if determined, or not to scale C. Provide the date of the on-site visit. TASK 4: Final Work Product Submission of one (1) copy of completed hazards analyses for all facilities listed in Attachment C in a format acceptable to the Department for review and approval. Upon final approval of all analyses submitted, a complete and corrected second copy shall be sent to the Local Emergency Planning Committee. A copy of the transmittal letter shall be submitted to the Department. Submit documentation that all subject facilities and response agencies have been notified of the availability of the hazards analyses information within the time frames provided in this Agreement. II. SCHEDULE OF PAYMENTS A. The first payment of twenty (20) percent of the fixed fee amount is payable upon receipt of items listed in section 1, Task 1 of this Attachment, which are due on or before October 1, 2001. B. After the initial payment, the payment percentage will be made on a performance basis that is commensurable with the percentage of hazards analyses for facilities appearing on Attachment C submitted and approved as indicated on Attachment D, Financial Invoice. All hazards analyses shall be received by the Department not later than March 1, 2002 except that a later date may be agreed upon in writing by both parties to this Agreement. Absent any extenuating circumstances, and except as otherwise provided in this Agreement, work submitted after June 1, 2002 will not be accepted, reviewed or compensated. C. Twenty-five (25) percent of the fixed fee amount will not be released until the final work product is completed and determined to be acceptable by the Department, a transmittal letter confirming that an approved copy of the hazards analyses has been sent to the LEPC, and documentation that all facilities for which a hazards analysis was conducted and response agencies have been notified of the availability of the hazards analyses information. This should be completed no later than June 1, 2002. 3.5 Attachment C County Facility Listing 16 SEP 11 2001 AgENI~,~ ITE_M, ~ I SEPt1 2001 AGEND,~ATEI~ SEPt1 2001 z z Z ;<<'2 Oz ~ SEP 11 2001 Attachment D FINANCIAL INVOICE FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE CO U NTYIAG E N CY AGREEMENT # COST CLASSIFICATIONS AMOUNT REQUESTED BY THE COUNTY* AMOUNT APPROVED BY THE DEPARTMENT 1. Contact and Timeline (20% Max.) $. 2. Hazards Analyses (55% Max.) 3. Final Work Product completed $ (25% Max) TOTAL AMOUNT $ $ $. $ (To be completed by the Department) I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms of the Agreement. Signature of Authorized OfficiaIFFitle Date TOTAL AMOUNT TO BE PAID AS OF, THIS INVOICE $ AUTHORIZED BY (To be completed by the Department) 17 AGENDA,ITEM !f£ SEP 11 2001 Attachment E Federal Lobbying Prohibitions The County certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed xvhen this transaction was make or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. COLLIER COUNTY, FLORIDA James D. Carter, Ph.D., Chairman Board of County Commissioners Date: ATTEST: Dwight E. Brock, Clerk (Deputy Clerk) Approved as to Form and Legal Sufficiency ~-wi[4 Dav~ Weigel, County' Attorney 18 lAGENDA'I'TEU' ' SEP 11 2001 Attachment F Copyright, Patent and Trademark (a) If the County brings to the performance of this Agreement a pre-existing patent or copyright, the County shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the County shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the County shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby reserved to the State of Florida. (c) W~thin thirty (30) days of execution of this Agreement, the County shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The County shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. AGENDA IT_EM,. No. /~/' F '"t" EXECUTIVE SUMMARY, BOARD APPROVAL OF BUDGET AMENDMENT TO RECOGNIZE ADDITIONAL CARRY FORWARD AND APPROPRIATE EXPENDITURES OBJECTIVE: Board of County Commissioners' approval of a budget amendment to recognize additional carry forward and appropriate expenditures in EMS Fund 490. CONSIDERATION: A recent audit of Fleet Management noted that Emergency Medical Services had not been billed for August 2000 in the amount of $54,541.29. This bill from FY00 is still outstanding. Emergency Medical Services has also been billed $3,400 for the partial cost ora mail folder/inserter machine. This cost was not budgeted for FY03.. A budget amendment is needed to recognize and appropriate additional carry forward to pay these unanticipated expenses. FISCAL IMPACT: $57,941 ±s available as additional carry forward in EMS Fund 490. GROWTH MANAGEMENT IMPACT: None at this time RECOMMENDATION: The Board of County Commissioners approves a budget amendment in the Emergency Medical Services Fund to recognize additional carry forward and appropriate expenditures. SUBMITTED BY: 'D-I / ' Date: i. Je, Q~a~ EMS Operations Director Emergency Medical Services. REVIEWED BY: ~,~,~,~t-~4d Date: 7/~//~./ Tom Storrar, Emergency Services Administrator Emergency Services Division "AGENDA ITEM No. ~l: F SEP 11 2001 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION AMENDING THE COLLIER COUNTY AMBULANCE SERVICE USER FEES OBJECTIVE: Board of County Commissioners adopt the attached resolution amending ambulance service user fees in accordance with Ordinance 96-36. The proposed EMS rates outlined below are the result of a comparability study that involved over twenty-five (25) Florida counties with similar population size and system designs. CONSIDERATION: In accordance with the County's ordinance regulating ambulance service user fees and billing procedures, staff periodically prepares and presents for Board consideration a resolution amending the fee structure and billing procedures. User fees have remained the same since 1998, but the operating expenses have increased each year tbrcing a rise in our ad valorem funding. The Center for Medicaid/Medicare Services (CMS) is the federal agency that has been tasked to adopt a national ambulance fee schedule. This "new" fee schedule is expected to be implemented in January 2002. and will be phased in over a four (4) year period. A provision in the new fee schedule will only allow for reimbursement based on the level of service performed on the patient and the condition of the patient at the time of transport. All Collier County EMS units are Advanced Life Support (ALS), providing the ability to perform at the highest level of service regardless of the situation. The current billing ordinance does not have a Basic Life Support (BLS) rate and, therefore, there is a need to establish a BLS rate for reimbursement purposes. If we do not establish a BLS rate, Medicare will reimburse us at their rate, which will be considerably less than the one proposed. For this reason, staff is recommending a tier system similar to what CMS will implement. The percentage of Medicare/Medicaid patients transported by EMS in Collier County is roughly 42%. In the fee schedule to be implemented by CMS, there will be one billing method which consists of a base rate to include the transportation cost, all items and services furnished by EMS and a mileage charge to reflect the actual patient transport mileage. Staff feels the proposed fee increase ,,','ill be more comparable to what other Florida counties currently charge, or ,,,,,ill be charging, before January 1, 2002. DESCRIPTION OF CODES BLS (non-emergency) BLS (emergency) ALS I (non-emergency) ALS 1 (emergency) ALS 2 (emergency) Specialty Care Transport Helicopter Ground Mileage (In County) Ground Mileage (Out of County) Air Mileage (In County) Air Mileage (Out of County) CURRENT PROPOSED EMS RATE EMS RATE $ - $ 3O0.OO $ - $ 325.00 $ 300.00 $ 350.00 $ 300.00 $ 375.00 $ 300.00 $ 400.00 $ 300.00 $ 450.00 $ 300.00 $ 500.00 $ 5.00 capped @ 7 miles $ 7.00 $ 5.00 (no cap) $ 7.00 $ 5.00 capped @7 miles $ 10.00 $ 5.00 (no cap) $ 10.00 capped @10 miles (no cap) capped @10 miles (no cap) AGENDA, ITEM S£P 11 2001 ,,, Pg, I FISCAL IMPACT: With thc approval of the proposed riser fees, staff projects an increase in revenue to the EMS Enterprise Fund 490 by approximately $974,556. This projection does not include Naples Community Hospital (NCH) inter-facility transports, covered by a separate annual agreement. Adoption of the Resolution would necessitate the re-negotiation of the inter-facility transport agreement with NCH and it is anticipated that the new agreement would increase annual revenue by an additional $102,455. GROWIH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution amending ambulance service user fees, and authorize the chairperson to execute the resolution. Ci~dy Lon~,. gupervisor// ' EMS Billing Section [ REVIEWED BY: // C,'j Date: ¢'~J f Wef~4ge, Director 6f Operations / Emergency Medical Services APPROVED BY: Tom Storrar, Administrator Emergency Services Division AGENDA ITEM No.q&, SEP 2001 Pg. ~t~ 1 3 4 5 6 7 8 9 I0 I1 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 3O 31 32 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO, 01 - RESOLUTION APPROVING USER FEES FOR COLLIER COUNTY AMBULANCE SERVICES PURSUANT TO COLLIER COUNTY ORDINANCE NO, 96 - 36; ADOPTING BILLING AND COLLECTION PROCEDURE; PROVIDING ADJUSTMENTS AND WAIVERS; AND APPROVING HARDSHIP CASES AND PAYMENT PLANS WHEREAS, Collier County Emergency Medical Services (hereinafter sometimes referred to as "EMS") provides ambulance services to the residents and visitors of Collier County; and WHEREAS, the Collier County EMS operating budget is funded exclusively through ad valorem taxes and user fees; and WHEREAS, Collier County staff analysis of the cost for ambulance services requires an adjustment to the user fees to properly identify current costs of services to the residents and visitors of Collier County; and WHEREAS, Collier County Ordinance 96 - 36 provides that the user fees for ambulance services may be established by Resolution of the Board of County Commissioners (hereinafter sometimes referred to as "the Board"). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: EMS USER FEES BASE RATES SERVICE LEVELS BASE CtlARGE A. EMS- BLS NON-EMERGENCY TRANSPORT $ 300.00 B. EMS- BLS EMERGENCY TRANSPORT $ 325.00 C. EMS-ALS 1 NON-EMERGENCY TRANSPORT $ 350.00 D. EMS- ALS 1 EMERGENCY TRANSPORT $ 375.00 E. EMS - ALS 2 EMERGENCY TRANSPORT $ 400.00 F. EMS- SPECIALTY CARE TRANSPORT $ 450.00 G. EMS- HELICOPTER TRANSPORT $ 500.00 AGENDA I'[EM N°', !/~C~ /' SEP11 2001 6 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 24 25 26 MILEAGE RATES SERVICE LEVELS EMS - IN COUNTY GROUND UNIT TRANSPORT (MINIMUM OF 1 MILE- CAP OF 10 MILES) EMS - OUT OF COUNTY GROUND UNIT TRANSPORT (MINIMUM OF 1 MILE WITH NO CAP) EMS - IN COUNTY AIR UNIT TRANSPORT (MINIMUM OF I MILE- CAP OF 10 MILES) EMS- OUT OF COUNTY AIR UNIT TRANSPORT (MINIMUM OF 1 MiLE WITH NO CAP) SPECIAL EVENTS AND MISCELANEOUS RATES SERVICE LEVELS MILEAGE CHARGE $ 7.00 $ 7.00 $ 10.00 $ 10.00 RATES 27 28 29 30 31 32 34 - TWO (2) MEDICS/ONE ALS VEHICLE (PER HOUR) - ONE (1) MEDIC/NO VEHICLE (PER HOUR) COPIES OF DOCUMENTS/PER PAGE (EXCLUDING GOVERNMENTAL AGENCIES) INTEREST ON PAST DUE ACCOUNTS 150.00 50.00 1.00 1% 35 36 SECTION TWO: BILLING AND COLLECTION PROCEDURE 37 The following shall be the minimum guidelines for billing and collection 38 procedures for ambulance service fees and charges: 39 A. Initial fees and charges for ambulance service(s) shall be assessed either 40 prior to or following the service provision, as service dynamics reasonably permit. 41 Unpaid fees and charges, subsequent to time of service, shall be reflected in an 42 accounts receivable subsidiary ledger system to be maintained by the EMS 43 44 Department. B. An initial bill for ambulance services shall be processed in the following 45 manner within thirty (30) days after service is provided. 46 47 48 AGENDA ITEM N°.(&r- SEP 11 2001 Pg. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 '1. The County will send an initial bill to the service recipient's or responsible party's insurance carrier provided that appropriate insurance information is made available to the EMS Billing Section. The EMS Billing Section will accept Medicare assignment, as a participating provider, and will wait no less than 45 days for payment if Medicare or other insurance carrier's are bilted. If the claim is denied, a bill will be sent to the service recipient or responsible party. 2. The County will also send a bill to Medicaid and accept assignment if appropriate insurance information is made available to the EMS Billing Section by the service recipient or responsible party. The EMS Billing Section will wait no less than 60 days for payment if Medicaid is billed. If the claim is denied because of no coverage at time of service, a bill will sent to the service recipient or responsible party. If Medicaid denies because they felt it was not medically necessary to be transported by ambulance, then the account will be adjusted off per the rules and regulations of Medicaid. .~. In the event the service recipient or responsible party does not have or does not provide proof of insurance coverage, the bill for ambulance service(s) shall be sent directly to the service recipient or responsible pady for payment. The EMS Billing Section will wait no less than 30 days for payment. The following will occur if payment has not been received within above set guidelines: .1. A past due notice will be sent in accordance with the above provisions (45 days after billing third party or Medicare, 60 days after billing Medicaid and 30 days after billing responsible party or service recipient). AGENDA ITEM SEP 11 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2I 23 24 25 26 27 28 29 30 31 32 33 34 2. Thirty (30) days) after the first past due notice is sent, a second past due notice will be sent. 3. After a ten (10) day grace period, the account will be sent to the County's contracted collection agency. C. Interest will be assessed at 1% per month on all accounts that are sent to the County's contracted collection agency. (excluding hardships that adhere to County policy). D. A reasonable and customary payment plan will be made available for all service recipients or responsible parties. Should the service recipient or responsible party at any time fail to meet the terms and conditions of the payment plan, the unpaid balance shall be administered in accordance with Section B.3 above. E. When ambulance service bill(s), at any stage in this billing and collection procedure, are returned because the Postal Service cannot effectuate delivery, the EMS Billing Section shall make a reasonable effort to ascertain the correct mailing address. If reasonable efforts to ascertain a correct address fail, the account(s) may be considered for other collection alternatives. F. Nothing contained in this section shall preclude reasonable telephone or other appropriate contact for billing and collection purposes, in accordance with all applicable laws. G. Throughout the fiscal year, the EMS Billing Section shall review all past due accounts and report to the Board of County Commissioners on an annual basis, of all past due accounts which are believed to be uncollectible. The Board shall, after reviewing these past due accounts and after finding that diligent efforts at collection have proven unsuccessful, remove these past due accounts from active accounts receivable in accordance with generally accepted accounting procedures and pursuant to law by Resolution. AGENDA ITEM N°" 1 SEP I1 2001 pg. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION THREE: ADJUSTMENT OF EMS USER FEES The following shall be minimum guidelines for adjustments to ambulance service fees. The Board of County Commissioners in accordance with criteria established by the enabling Ordinance may authorize other adjustments. A. Medicare and Medicaid Adjustments Contractual adjustments under Medicare and/or Medicaid assignment will be made in accordance with applicable rules and regulations. B. Victim's Compensation Contractual Adjustments Contractual adjustments will be made in accordance with applicable rules and regulations. C. Worker's Compensation Contractual Adiustments Contractual adjustments will be made in accordance with applicable rules and regulations. D. County Employee Adjustments Board of County Commissioners and Constitutional Officers' employees that have Primary coverage under Collier County's insurance policy will receive an adjustment in accordance with applicable rules and regulations of Ordinance 96-36. E. Champus/Tricare Adjustments Contractual adjustments will be made in accordance with applicable rules and regulations. F. Railroad Retirement Adiustments Contractual adjustments will be made in accordance with applicable rules and regulations. G. Social Services Adiustments Contractual adjustments will be made in accordance with rules established by the County Manager and memorialized by a memorandum of understanding executed by the Social Services Director and the EMS Operations Director. AGENDA ITEM No. 7 8 9 lO II 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 34 35 36 SECTION FOUR: WAIVER OF EMS USER FEE Pursuant to Ordinance No. 96 - 36, and from the effective date of this Resolution, user fees for EMS ambulance stand-by services for the following community special events shall be waived as the Board finds that a valid public purpose is hereby established in recognition of their charitabIe contributions to the Community: (1) Collier County Fair; (2) Everglades Seafood Festival; (3) Collier County Public High School varsity football games. Fees for other community special events may be waived in accordance with criteria established by the enabling Ordinance. SECTION FIVE: HARDSHIP CASES AND PAYMENT PLANS The Board recognizes that certain service recipients may need to be identified and processed as hardship cases. Payment plans will be established pursuant to the minimum guidelines set forth in this Resolution. A. Hardship cases will be established in accordance with the Federal Poverty guidelines, as used by the Social Services Department of Collier County. B. Payment plans for hardship cases will be set up on a monthly basis, with a minimum payment of $10.00 per month. Hardship cases, placed on a payment plan will not accrue interest or be placed into collection. Notwithstanding the foregoing, if a service recipient has a payment plan and does not make the agreed scheduled payments for a period longer than two (2) months, the account will be turned over to the County's contracted collection agency and interest will begin to accrue. SECTION SIX: SUPERSESSION OF RESOLUTION 2000-167 This Resolution shall supersede Resolution No. 2000-167 SECTION SEVEN: ADOPTION AND EFFECTIVE DATE This Resolution shall become effective on October 1, 2001. AGENDA ITEM 8 9 10 11 12 13 14 15 16 17 18 t9 2O 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 6 PASSED AND DULY ADOPTED by the Board of County Commissioners of 7 Collier County, Florida, this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: BY: James D. Cader, Ph.D., Chairman Approved as to form and legal sufficiency: ,,~cqu¢line Hubbard Robinson sistant County Attorney AGENDA ITEM No. 1~:~,/ t~,, SEP 11 2001 Executive Summaries Approved in Boards Absence Summer Recess 2001 o o 10. 11. 12. 13. Approval of Budget Amendment Report - Budget Amendment #01-415, #01-416 and #01-380. Approval of a Budget Amendment totaling $50,000 for roof repair and painting at several County Museum buildings. Approve Budget Amendment to cover the costs associated with events and promotions not budgeted for FY 2001. Board approval of a change of effective date of Resolution 2001-313 from August 1, 2001 to September 1,2001 as relating to Fire Inspection Fees. Approve a Budget Amendment to transfer $850,000 to cover the 10% contingency previously approved for the Better Roads Inc. contract for the six laning of Livingston Road from Golden Gate Parkway to the Community School Entrance. Approve a Tourist Development Council Category "A" Grant Application for Clam Pass Dredging and related engineering monitoring services and approve the necessary Budget Amendment, Project No. 10268. Award RFP #01-3226 "Collier County Elevator Maintenance Repair" to Kone Inc. and authorize staff to negotiate agreement with selected vendor. Recommendation to reject award of surplus sealed bid #S01-3225, Surplus Sale of Economy Baler to Solid Waste and Recovery Systems Inc., and award to ABC Recyclers. Approve limited building and parking lot signage improvements to the main Government Complex. Approve the Selection Committee's recommended short list of architectural firms for the Annual Architectural Services Contract. Authorize staff to issue Work Order #VC-01-14 to Wm. J. Varian Construction Company for parking lot improvement. Waive Purchasing Policy and approve Medtronic Physio-Control as vendor for the purchase of additional Lifepak 12 ECG Monitors to be used with the Advanced Life Support (ALS) Program. Approve Staff's recommended short list of consultants for the design and construction management of the Vanderbilt Beach Parking Garage and to begin contract negotiations with Walker Parking Consultants. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. Approve Budget Amendment for payment of severance pay and benefits for the retiring Director of the Social Services Department. Recommendation that the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the Acquisition on Parcel No. 30-T in the Lawsuit entitled Collier County v. John B. Fasset, Trustee of the Anne M. Fassett Trust Dated 6/5/86, et al, Case No. 99- 3040-CA. Approval of Budget Amendment Report-Budget Amendment #01-454; #01-455; #01-456; #01-459. Request Board approval to award Bid #01-3245 for copying of the Board's agenda to "Another Printer". Approval of a Budget Amendment recognizing revenue in the Community Development Fund. Approval of Budget Amendment Report - Budget Amendment #01-460. Waive requirements for a formal RFP process and authorize Work Order No. BSSW-00-07 for Barany, Scmitt, Summers, Weaver and Partners Inc. to design a Government Service Center at the new North Naples Library Site. Approve Change Order No. 4 (RFP No. 98-2857) with Barany, Schmitt, Weaver and Partners Inc., for North Naples Regional Library/Architectural Design (Project No. 80529). Waive Formal Bid Process for the Emergency Purchase of a back-up battery system for the Tax Collector and Property Appraiser's Building. Approve Bid #01-3247, "Installation of Irrigation and Landscaping on US 41 North Phase I." Award a Construction Contract to Bonness, Inc. for intersection improvements at Vanderbilt Drive and Wiggins Pass Road, Bid #01-3255. Approve Work Order Amendment No. WMBP-FT-00-15-A01 with Wilson Miller Inc. for additional Environmental Permitting Work on the Lely Area Stormwater Improvement Project. (Project No. 31101) Award Bid #01-3261 "Tropicana Boulevard Streetscape Improvements." Approve a Budget Amendment to appropriate the maintenance service revenues for reimbursement of operating expenses. 28. Approval of Budget Amendment Report-Budget Amendment #01-492; #01-493. 29-. Indemnify, Defense and Hold Harmless Agreement between Collier County and Better Roads, Inc. for the 5K Fun Run held August 25, 2001, on the Livingston Road right-of-way between Golden Gate Parkway and Radio Road. AGENDA TRANSMITTAL SLIP L~ate Submitted 8/01/01 Agenda Item Requested Agenda Date: IN THE BOARDS ABSENCE ['APPROPRIATE HEADING {CIRCLE ONE iE~ (5) Presentations 8 Advertised Public Hearin s ) ~~_~ I [](14) Staff and Commission General ~_Comrr, unications L_~I?) SummanJ Agenda Requested by P Lehnhard Division ,Head' ~ Proclamations [] (6) Public Petitions & Comments on General Topics ~ ~.__~__~_. Board of County_ Commissioners [] 12 Count Attorne 'sRe od F-~(15) Future Agendas Date: 8/01/01 Date: ~ Service Awards [] (7) Board of Zoning Appeals [] 10 Count Mana ers Re od ~___.~_~.~C)_ther Constitutional Officers J~ (16) ~--~'~ ~ Reviewed by: ,*¢, M. Smyko;~ki' Date:8!01/0 1 item Titte: Approval of Budget Amendment Report- Budget Amendment #0!-4!5; #01-4!6. 1'-~ ~("~'~ ~ ~"~1 List of Documents Attached: 1 ExecuTwe Summary (required) 2. 3 4. APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/I 1/00) Personal Services - Probation Reserves Reserve for Merit Increases Total: Explanation: Court Administration (Fund 681 Budget Amendment #01-415 $15,000 (15,000) Funds are needed to cover merit increases given during FY 01. Court Administration (Fund 681) Budget Amendment 1/01-416 Personal Services - Witness Manao. ement $13,000 Reserves Reserve for Merit Increases (13,000) Total: -0- Explanation: Funds are needed to cover merit increases given during FY 01. Transportation Administration (Fund 101) Budget Amendment #01-380 Operating Expenses S24,500 Reserves Reserve for Contingencies (24,500) Total: -0- Explanation: Funds are needed for unanticipated costs and increases, as well as non-budgeted projects have required more funds and supplies than anticipated. 4GENDA~ITFM No._~. I~ ~--~ ~ SEP 11 200i A _GEt, IDA TRANSMITTAL SLIP I Requested Agenda Date: In Board's Absence ~e Sub~tted:~0/0l ~ -~ ...... ~' ~" ~' erk's Re on hc Sexy[ ~ -- ' 'oners ~ (IIA) O~er lten 0 Bo~d of Coun Co~ss~ ~ 13~) BZA Public He~inss ~ (13A) BZA FUOltC , ~blic Heron s ~ Consent A enaa Date dbx: ~ Requested by: Division Head: J~ne V~coe-~er Item Title: APPROVE A B~GET Ah,~ND~'~NT TOTALING $50,000 FOR ROOF ~PAIR AN~ pA~W~G AT SEVE~L co~TY N~SEU~I B~LDINGS F~cM Impact: Funds will be transferred from General Fund Reserves (001-91~10) to General Improvements (301-120435-80525) I. Executive Summary (required) 3. 5. 2. Budget Amendment 4. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TOTALING $50,000 FOR ROOF REPAIR AND PAINTING AT SEVERAL COUNTY MUSEUM BUILDINGS. OBJECTIVE: To have the Board approve a Budget Amendment for roof replacement and painting of Museum Buildings. CONSIDERATION: The County Museum operates several buildings and structures of historical significance that are open to the public for viexving and inspection. Several of those buildings are in need of repairs and painting due water intrusion and age. The Discovery Cottage, a 1920's old Florida style home, is in immediate need of a roof replacement. The current roof is a shaker single roof that has met its useful life and causing several leaks into the building. In addition, widows and siding have deteriorated due to moisture intrusion and are in need of immediate repair. Total cost associated with roof and window repairs is $30,000. Painting of the Discovery Cottage and several other buildings totals $20,000. These capital improvements will preserve the historical value of these buildings, as well as reduce the regular maintenance required to maintain the Museum properties. FISCAL IMPACT: Total costs for this project is $50,000. Funds would be transferred from 001-919010 (General Fund Reserves) into 301- (General Improvements). GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECO*IMENDATION: That the Board of Collier County Commissioners approves the roof replacement and painting expenditures and the necessary budget amendment as addressed within this summary. SUBMITTED BY: "' · / ..-.~-~/' Date: .-'~--,..-.,"~* ~ ~'./' Daniel R Rodriguez, Faci~tiesq~ianager ./ Facilities Management Department Jo-Anne Varcoe-Leamer, CPA, Administrator Support Services Division APPROVED BY:-- t ,~.-~--'-"' ~ Tor~ Olliff, C~ur~i~.~}~t~n ager AGENDA TRANSMITTAL SLIP I Requested Agenda Date: tN Date Submitted: 8/3/01 THE BOARD'S ABSENCE_ -~ ~.~' ............. (~ubl[c Petitions ~ Presenta~ofls I~:~enda Item General To ics~9~__~ '--"---'-- ~ ~n .Co~m_m_~ioners E~ (11) Airport Au~ F'~{15) Future Agenea5 1'-'](14) Staff and Commission ~enera~ Communications -~ I17) Summaw Agenda . , 8/3/01 Requested by: -- Public Director, Dept. of Public I Date: Division Head: ~°-Anne Varcoe-Leamer, Administrator, Support Services Division Item Title: Approve budget amendment to cover the costs associated with events and promotions not budgeted for fy ~'M~rri~, D~'r~ctor, Dept. of Information County Manager: 2001. List of Documents Attached: 1. Executive Summary {required) 3. 5, 2. Budget amendment 4. EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT TO COVER THE COSTS ASSOCIATED WITH EVENTS AND PROMOTIONS NOT BUDGETED FOR FY 2001 OBJECTIVE: To approve a budget amendment to cover the costs of events and promotions which had not been budgeted in the present fiscal year. CONSIDERATIONS: An aggressive summer campaign to promote County facilities, services and events available to County residents, was initiated. In order to promote these, advertising in the print, television and radio media was conducted. It also became necessary for the Department of Public Information to purchase additional equipment and supplies to accomplish this promotion. An agreement with WGCU (Florida Gulf Coast University) to use their production facilities was also achieved for a reasonable fee. The intent of this program was to make the community aware of the many "fun" programs, events and facilities that are available to the residents either free of charge or for a nominal fee. A special workshop for the Golden Gate Estates Civic Association also required contracting with a sound system specialist who furnished the necessary equipment to properly conduct the meeting. FISCAL IMPACT: Funds in the amount of $25,249 are available in General Fund Reserves (001). RECOMMENDATION: The Board of County Commissioners approve the budget amendment to cover the costs associated with events and promotions not budgeted for FY 2001. Jean IVte'rritt, Director Department of Public Informa/~n Approved by: Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date Date ~..T~Nt3A TTLAI~MI'I'rAL ~I. IP ! Jate Submitted: IN THE BOARDS ABSENCE Requested Agenda Date: f.APPR.O,P, R!ATE HEA, DING {CIRCLE ONE [] (2)' ' ApproVal' oi/~(:jenda'~nd Minutes IF"~ (5) Presentations I[] (8) Advertised Public Hearings [] (11) Airport Authority r"-~(14) staff and Commission General Communications [] (17) Summary' Agenda Ed Riley Requested by: Division Head: lAgenda Item E~E..] (3) Proclamations (6) Public Petitions & Comments on (4) Service Awards General Topics {~ (9) Board of County Commissioners [] (12) County Attorney's Report F"](15) Future Agendas [] (7) Board of Zoning Appeals [] (10) County Manager's Report [] (13) Other Constitutional Officers X (16) Consent Agenda Date: Reviewed by: Date: Date: ,~.k _T"~"') Date: County Manager: Item Title: BOARD APPROVAL OF A CHANGE OF EFFECTIVE DATE OF RESOLUTION 2001-313 FROM AUGUST 1, 2001 'fO SEPTEMBER 1, 2001 AS RELATING TO FIRE INSPECTION FEES List of Documents Attached: 1. Executive Summary (required) 2. 3. 4. 5. EXECUTIVE SUMMARY BOARD APPROVAL OF A CHANGE OF EFFECTIVE DATE OF RESOLUTION 2001-313 FROM AUGUST 1, 2001 TO SEPTEMBER 1, 2001 AS RELATING TO FIRE INSPECTION FEES OBJECTIVE: To obtain Board approval to change the effective date of Resolution 2001-313 from August 1, 2001 to September 1, 2001 for fire inspection fees. CONSIDERATION: It was anticipated that the Resolution to change fire inspection fees in Collier County would go before the Board of County Commissioners at the June meeting. However, because of unexpected delays, the resolution did not go before the Board until the July 31st meeting. Because of the time needed to set up the County computer system to reflect the inspection fee changes, the effective date of the Resolution needs to be changed from August 1, 2001 to September 1, 2001. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approves a change of effective date of Resolution 2001-313 from August 1, 2001 to September 1,2001. y -/ ) ,/ Submitted by: ~ . · '-~-- Date: Ed Riley, Collier County/Fire Code Official AGENDA TRAN,~MITTAL ,SLIP I ate Submitted ' 7/30/01 Requested Agenda Date:~ Agenda Item APPROPRIATE HEADING (CIRCLE ONE [] (2) Approval of Agenda and Minutes [] (5) Presentations [] (8) Advertised Public Headn~s [] (11) Aiq~ort Authority [-"~(14) Staff and Commission General Communications [] (17) Summa~ A~]enda N~I~i~*E. Fedcr, ~ransportation Sc~ccs Administrator [] (3) Proclamations [] (6) Public Petitions & Comments on General Topics [] (9) Board of County Commissioners [] (12) County Attorney's Report r"](15) Future Agendas [] (4) Service Awards [] (7) Board of Zoning Appeals [] {10) County Mana[~er's Report [] (13) Other Constitutional Officers [] (16) Consent Agenda Datc:-7/~O/O[ Reviewed by:. Date¢,~o I County Manager: Tom Olliff, County Manager Date: Date: item Title: APPROVE A BUDGET AMENDMENT TO TRANSFER $850,000 TO COVER THE 10% CONTINGENCY PREVIOUSLY APPROVED FOR THE BETTER ROADS, INC. CONTRACT FOR THE SIX LANING OF LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO THE COMMUNITY SCHOOL ENTRANCE. List of Documents Attached: 1. Executive Summary (required) 2. 3. 4. 5. Fund: 333 'ost Center: 163650 ,'roject: 60071 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO TRANSFER $850,000 TO COVER THE 10% CONTINGENCY PREVIOUSLY APPROVED FOR THE BETTER ROADS, INC. CONTRACT FOR THE SIX LANING OF LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO THE COMMUNITY SCHOOL ENTRANCE. OBJECTIVE: To obtain Board approval for a budget amendment to transfer $850,000 from Reserves to cover the 10% Contingency previously approved for the Better Roads, Inc. contract for the six laning of Livingston Road from Golden Gate Parkway to the Community School Entrance. CONSIDERATIONS: On June 29th The County Administrator in the board's absence approved the award of a construction contract for Better Roads, Inc. to construct the proposed Livingston Road Six Laning Phase II, from Golden Gate Parkway to the Community School Entrance North of Pine Ridge Road. The executive summary asked for approval ora 10% contingency ofS850,000. The Fiscal Impact Statement did not include the $850,000 as part of the funding request; it only included the Better Roads contract amount of $8,443,248.42. This executive summary is to request a budget amendment to transfer the S850,000 in to the project and add these funds to the Better Roads purchase order as a separate line item, which can only be utilized when change orders are processed in accordance with the purchasing policy. FISCAL IMPACT A budget amendment is needed to transfer S850,000 from The Road Construction In, pact Fee District 2 Reserve Fund and appropriate in the project. Source of Funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the budget amendment to transfer S850,000 from District 2 Impact Fee Reserves and appropriate in the project. SUBMITTED BY APPROVED BY: Sharon Nex~man, Transportation Accounting Supervisor e/.4.% Normaf{y/-Fbder, AIC , sp ' Administrator DATE: DATE: AGENDA No. SEP 1 I ?.001 c · - AC.-.-.-.-.-.-.-.-.-~N~ T~~AL SLIP I Date Submitted: July 18, 2001 Requested Agenda Date: In the Board's Absence 1~:~enda Item APPROPRIATE HEADING (CIRCLE ONE', [] (2) Approval of Acjenda and Minutes I"'] (5) Presentations [] (8) Advertised Public Hearings ~ (11) Airport Authority '11(14) Staff and Commission General Communications [] (3) Proclamations [] (6) Public Petitions & Comments on General Topics [] (9) Board of County Commissioners . [] (12) County Attorney's Report . r"1(15) Future Agendas [] ~4) Service Awards [] (7) Board of Zoning Appeals (10) County Manacjer's Report (13) Other Constitutional Officers (16) Consent Agenda [] (17) Summary Agenda ./"-/'"i~ / /~ ] Flequestedby: _...~..~e~._.~5~'.,~ ~(~.~/l?~ate:7/18/01 Roviewodby: , Date: DMsion Head: "~_~..~_ ~/./~_~ Date:~/ County Manag~ ~/~ _~ Date: / Item TrlJe: /APPROVE A TOURIST DEVELOPMENT COUNCIL CATEGORY APPLICATION FOR CLAM PASS DREDGING AND RELATED ENGINEERING "A" GRANT MONITORING SERVICES AND APPROVE THE NECESSARY BUDGET AMENDMENT, PROJECT NO. 10268. List of Documents Attached: 1. Executive Summary (required) 2. Budget Amendment (original) R"CE[VED CCU;,;TY A3:,:!,~,%TRATOR$ jiiL :- '1 ~uu~ ACTICH FiL'Z, EXECUTIVE SUMMARY APPROVE A TOURIST DEVELOPMENT COUNCIL CATEGORY "A" GRANT APPLICATION FOR CLAM PASS DREDGING AND RELATED ENGINEERING MONITORING SERVICES AND APPROVE THE NECESSARY BUDGET AMENDMENT, PROJECT NO. 10268. OBJECTIVE' To obtain approval of a Tourist Development Council Category "A" Grant Application to fund Clam Pass dredging and related engineering monitoring services and approve the necessary Budget Amendment. CONSIDERATION' Two years ago Clam Pass and the main channel were dredged from the Pass entrance to the Registry Boardwalk. The Tourist Development Tax funded the Clam Pass portion of the dredging and the main channel dredging was funded by Pelican Bay and WCI. This work was performed as part of the construction outlined in the Clam Bay Restoration and Management Plan. Also outlined in the Management Plan is an annual hydrographic monitoring program to determine the condition of Clam Pass and the Clam Bay Tidal Channel System. The Tourist Development Tax has funded the monitoring associated with the Pass. This annual monitoring which was performed in June and July of 2000 had indicated only slight reductions in the cross sections and tidal prism of Clam Pass. However, after several fall storms there was apparent alignment and shoaling changes in the Pass. Based upon these visual observations additional monitoring was performed. This data indicates a 35% reduction in the cross section of the Pass and corresponding reductions in the tidal prism. Based upon this data maintenance dredging of the Pass is being recommended for Fiscal Year 2001/2002. The funds being requested reflect the Fiscal Year 2001/2002 hydrographic monitoring associated with Clam Pass and the construction and engineering services related to the dredging. In addition, approval of a Budget Amendment transferring funds from the Tourist Development Funds to the Clam Bay General Operating Fund is being requested. These funds are for post storm surveying and engineering analysis performed in November 2000 and February 2001. Also included are the engineering fees for the design and formulation of the bid specifications so that construction can commence November 2001. ~GENDA ITEM SEP 200! The Tourist Development Council reviewed this application at their regularly scheduled meeting on April 9, 2001. A motion was made to approve this application by a unanimous vote. FISCAL IMPACT: This request is for $205,100, which if approved $168,950 will be included in the Fiscal Year 2002 Clam Bay Operating Budget. Approval of a Budget Amendment is necessary for the $36,150 appropriation during Fiscal Year 2001 whereby funds would be transferred from the reserves of the Tourist Development Tax Fund (195) to the Clam Bay Operations Fund (320). GROWTH MANAGEMENT PLAN: There is no impact to the Growth Management Plan related to this action. STAFF RECOMMENDATION: It is recommended that the Board of County Commissioners approve the Tourist Development Council Category "A" Grant Application to fund Clam Pass dredging and related engineering monitoring services and approve the necessary Budget Amendment, Ja..fies P. Ward, IAepartment Director Pelican Bay Services Division Date ." /,.' REVIEWED BY: .... Ja~es V. Mudd, P.E., Administrator Date Public Utilities Division /' APPROVED : ',- ' ,~/~~ /) Edward J. Kan~~i~ctor Date Transp0,~ation Opexahx ''~'on Norman Feder, AICP, Administrator Date Transpodation Division AGENDA ITEM SEP I: 2 llJ AGENDA TRANSMITTAL SLIP I Date Submitted: 7/30/01 [] {7} Public Petitions [] (4,1 Approval of Minutes (SF'/ Emergency Services (9 } County Attorney I 1 lB) Community Redevelopment Agency [143 Stuff Communications (17) Summary Agenda Requested by: Division Head: lo-Anne Varcoe-Leamer Requested Agenda Date: In Board's Absence Agenda Item # APPROPRIATE HEADING {CIRCLE O~), -; ..... ,,, ...... [] (5) Proclamations. Service Awards. Presentations [] (6) [] (SA) Community Development ' [] (SB) [] (SD) Public Services [] (SG) County Manager Fl(10) Board of County Commissioners [] (12) Public Hearings [] (15) BCC Communications Date: 6/27/01 Approval of Clerk's Report Transportation [] (8E) Support Services [] (8H) Airport AuthoriW [] (llA) Other Items [] (13A) BZA Public Hearings [] (16) Consent Agenda Reviewed by: /' '~)'~I~'~ Date County Administrat~ ~ '~/(~. Date: Item Title: TO KONE, VENDOR AWARD RFP #01-3226 "COLLIER COUNTY ELEVATOR MAINTENANCE REPAIR" INC. AND AUTHORIZE STAFF TO NEGOTIATE AGREEMENT WITH SELECTED Fiscal Impact: The estimated annual cost of $35,404.08 was budgeted for within the 2001-02 Facilities Management operating budget (001-122240). I. Executive Summary (required) 2. 3. 4.. 5. EXECUTIVE SUMMARY AWARD RFP #01-3226 "COLLIER COUNTY ELEVATOR MAINTENANCE REPAIR" TO KONE, INC. AND AUTHORIZE STAFF TO NEGOTIATE AGREEMENT WITH SELECTED VENDOR. OBJECTIVE: To provide elevator maintenance and repair to all County-owned and operated elevators at various locations within the limits of Collier County. CONSIDERATION: The Department of Facilities Management is responsible for providing elevator maintenance and repair of all County-owned and operated elevators, through an outside vendor. The elevator service company selected will furnish all necessary labor, materials and equipment to provide full maintenance, including preventative and emergency service on the traction and hydraulic elevators owned by Collier County. The County Manager authorized a selection committee to review and evaluate proposals received from companies capable of providing elevator maintenance and repairs to Collier County. On May 4, 2001, the Purchasing Department solicited proposals for RFP #01-3226 "Collier County Elevator Maintenance and Repair". The selection committee reviewed the one (1) proposal received, and by general consensus, found KONE, Inc. qualified to perform the full scope of work. The ranking matrix that resulted in this recommendation accompanies this document. The contract period is for two (2) years with two (2) additional one (1) year renewals. FISCAL IMPACT: The estimated annual cost for this service is $35,404.08 and was anticipated and budgeted '-" 4thin the Facilities Management operating budget. GROWTH MANAGEMENT IMPACT: This RFP will not affect the Growth Management Plan. RECOMMENDATION: That the Board award RFP #01-3226 for Collier County Elevator Maintenance and Repair to KONE, Inc. and authorize the Chairperson to sign standard contracts after review by the County Attorney's Office. S'mpson, ~ontract Coordinator Facilities Management Department REVIEWED BY: ~'~-~7.~,-", ~,,.,~"'~./ Date: Skip Camp, D~rector Facilities Management Department REVIEWED BY: , Date: Jo-Anne Varcoe-Leamer, Administrator Support Services Division ThS~-'~; ¢7-O11 if-~, C~"i~ty~a n ag e r (In The Board's Abserlc~ APPROVED B'~: Date: Date Submitted ' 7/26/01 Requested Agenda Date: Agenda Item [] (2) Approval of Agenda and Minutes [] (3) Proclamations [] (4) ServiceAwards II-] (5) Presentations [] (6) Public Petitions & Comments on [] (7} Board of Zoning Appeals General Topics i [~ (8) Advertised Public Hearings [] (9) [] (11) Airport Authority [] (12) [](14) Staff and Commission General [-](15) Communications [] (17) Summar~ A~enda entRhonda Tibbetts, urc g Division Head: °i~ J Varcoe-Leamer Board of County Commissioners County Attorney's Report Future Agendas [] (10) County Manacjer's Report [] (13) Other Constitutional Officers x (16) Consent Agenda Date: 7/26/01 Re_v.~ed by: ,~ Date:7//~ Date: ¢~'/ Stephen Y. c arnell, Item Title: Recommendation to reject award of surplus sealed bid #S01-3225, Surplus Sale of Economy Baler to Solid Waste and Recovery Systems, Inc. and award to ABC Recyclers. List of Documents Attached: 1. Executive Summary (required) 2. 3. 4. 5. FISCAL IMPACT: Funds in the ~mountof $200.00 will be realized from this bid and deposited to the Naples Transfe~ Station miscellaneous revenue account · EXECUTIVE SUMMARY RECOMMENDATION TO REJECT AWARD OF SURPLUS SEALED BID #S01-3225, SURPLUS SALE OF ECONOMY BALER TO SOLID WASTE AND RECOVERY SYSTEMS, INC. AND AWARD TO ABC RECYCLERS. OBJECTIVE: To reject award for surplus sealed bid #S01-3225, Surplus Bid for Economy Baler to Solid Waste and Recovery Systems and award to ABC Recyclers. CONSIDERATION' Invitations were sent out on March 20, 2001 for Bid No. S01-3225, Surplus Bid for Economy Baler. Bids were received and opened by the Purchasing Department on April 4, 2001. On May 22, 2001, Item 16C4, the Board of County Commissioners awarded the surplus sealed bid to Solid Waste and Recovery Systems, Inc. Since award, Solid Waste and Recovery Systems no longer wants the item. Staff recommends award to the next highest bidder, ABC Recyclers. FISCAL IMPACT: Funds in the amount of $200.00 will realized from this bid and deposited to the Naples Transfer Station miscellaneous revenue account· GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners reject award to Solid Waste and Recovery Systems, Inc. and award Surplus Sealed Bid #S01-3225, Surplus Sale of Economy Baler to ABC Recyclers. SUBMITTED BY: -' .". ', · ' .' ~'- ' Date: Rhonda L. Tibbetts, Purchasing Agent Purchasing Department REVIEWED BY: //.t.," ",~. /'~ _.,__, ,'--' "(,, ' ~'( .f .J ~'C- Date: Stephen Y. Carnell, D~rector Purchasing/General Services APPROVED BY: Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: AGENDA TRAN,SMITTAL SUP I Date Submitted · 8/7/01 Requested Agenda Date: In Boards Absence Item APPROPRIATE HEADING (CIRCLE ONE) [] (2) Approval of A~]enda and Minutes [] (3) Proclamations [] (5) Presentations [] (8) Advertised Public Headngs I{--I (11) Airport Authority ['-](14) Staff and Commission General CommunicaEons [] (17) Summary Agenda // Requested by: Y,~f~. [] (6) Public Petitions & Comments on General Topics [] (9) Board of County Commissioners [] (12) Counbj Attorney's Report [](15) Future Agendas [] (4) Service Awards [] (7) Board of Zoning Appeals [] (10) County Manager'sRej~ort [] (13) Other Constitutional Officers [] (16) Consent Agenda DMsion Head: Daniel R. Rodri..~ez Jo-Anne Varcoe-Leamer Date: 8/7/01 Reviewed by: ¢/~/4//~/' Ski Date: County Manager: Date: 8/7/01 Date;~~ Item Title: APPROVE LIMITED BUILDING AND PARKING LOT SlGNAGE IMPROVEMENTS TO THE MAIN GOVERNMENT COMPLEX. Fiscal Impact: Funds will be transferred from Reserve for Contingenies (001-919010-991000) to Building Maintenance Services (001-122240-634999) List of Documents Attached: 1, Executive Summary (required) 2. Budget Amendment 3. 4. 5. EXECUTIVE SUMMARY APPROVE LIMITED BUILDING AND PARKING LOT SIGNAGE IMPROVEMENTS TO THE MAIN GOVERNMENT COMPLEX. OBJECTIVE: To have the Board approve limited improvements to the parking lots at the Main Government Complex and to the Administration Building. CONSIDERATIONS: In order to assist the public, staff is recommending improvements to the signage system at the Main Government Complex located at US 41 and Airport Road. The system includes thirty five double faced aluminum primary parking signs that will be mounted on existing light poles, thirty five secondary signs and building signage mounted on selected complex buildings. The cost of this project is ~_z,oov. In order to save time and money, staff is recommending that Signcraft, Inc. be awarded the project since they have assisted in the design of these signs. Additionally, staff is recommending that the Boardroom chairs be replaced. These chairs have outlived their useful life and need to be replaced. (They have been recovered twice and repaired a number of times). The cost is $8913: and are available on State Contract. FISCAL IMPACT: The total cost for the combined projects is $31,243. Funds would be transferred from General Fund Reserves to the Facilities Management Oepartmen~:' s Operating Budge'c, GROWTH MANAGEMENT IMPACT: There is no grox,,th management impact. RECOMMENDATION: That the Board approve the necessary budget amendments for projects listed within this summary, waive the normal quote process and award the signage to Signcrafl. Inc. Prepared By: Daniel R. R~odriguez, ~tiesdClanager The Department of Facilities Management Reviewed By: Approved By: Sklp Camp, CFM, Direct The Department of Facilities Management Jo-Anne Varcoe-Leamer, Administrator Support Services Division Date: ~::~-~z' --dP/ Date: /,,;,/ / Date: ~C//'//~ / AGENDA TRANSMrFI'AL SLIP Date Submitted ' 07/31/01 Requested Agenda Date: In Board's Absence Agenda Item :APPROP RIATE.~HEADING!~(CIRClgE iONE [] (2) Approval of Agenda and Minutes [] (5) Presentations [] (8) Advertised Public Headngs [] (11) Airport Authority 1-](14) Staff and Commission General Communications [] (17) Summar~ Agenda Requested by: Bob Pierce Division Head: ~.~ Jo-Anne Varcoe Leamer [] (3) Proclamations [] (6) Public Petitions & Comments on General Topics [] (9) [] (12.) E](15) Board of County Commissioners County Attorney's Report Future Agendas [] (4) Service Awards [] (7) Board of Zoning Appeals [] (10) County Manager's Report [] (13) Other Constitutional Officers [] (16) Consent Agenda Date: 7/~/~/ Reviewed b~,,~.~ c ~kip C.~~/ Date: ~y//z.//~/ County Manager: _ _ Date: Date: ~::~[~/01 Item Title: APPROVE THE SELECTION COMMI'I-I'EE'S RECOMMENDE..D SHORT LIST OF ARCHITECTURAL FIRMS FOR THE ANNUAL ARCHITECTURAL SERVICES CONTRACT. ~, j?o Fiscal Impact: Funding will be by individual user Departments as their needs arise. List of Documents Attached: 1. Executive Summary (required) 2. 3. 4. 5. EXECUTIVE SUMMARY APPROVE THE SELECTION COMMITTEE'S RECOMMENDED SHORT LIST OF ARCHITECTURAL FIRMS FOR THE ANNUAL ARCHITECTURAL SERVICES CONTRACT. OBJECTIVE: To have the Board approve the Selection Committee's short list ranking of architectural firms for the annual Architectural Services Contract. CONSIDERATIONS: On May 16, 2001 the County Manager approved the appointment of a Selection Committee to review proposals from architectural firms capable of providing complete architectural services for various County projects. On. May 24, 2001 RFP #01-3235 for "Annual Contract for Architectural Services" was posted by the Collier County Purchasing Department which resulted in eight proposals being submitted by the June 22, 2001 3:00 PM deadline. A Selection Committee meeting was held July 16, 2001 at 3:30 PM in the Purchasing Conference Room to determine the top four firms submitting proposals. After review and discussion of the proposals, and numerical ran'king of each firm, the following four firms were short listed by consensus of the Selection Committee: 1. Barany Schmitt Summers Weaver And Partners, Inc. 2. Victor J. Latavish Architect, PA 3. Schenkel Shultz 4. Disney & Associates, Architects and Planners FISCAL IMPACT: Funding will be by individual user Departments as their needs arise. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this contact. RECOMMENDATION: That the Board approve the Selection Committee's recommendation and authorize staff to begin contract negotiations with each of the above listed firms. Upon successful completion of negotiations, staff will recommend award by the Board, and request the Chairman be authorized to sign the standard County Attorney approved contracts. User Departments may then select any of the four firms listed, on a project by project basis as' needed xvithout any predetermined order or ranking. Prepared By: Reviewed By: Bob Pierce, Project Manager The Department of Facilities Management Skip Camp, CFM, Director The Department of Facilities Management Executive Summary Annual Contract for Architectural Services July 25, 2001 Page 2 Reviewed Bi}': //' ,,/ t ~"~ / Stei?e Camel'l'i Director Purchasing / General Services Depmxment Date: Approved By: Jo-Anne Varcoe-Leamer. Administrator Support Services Division Date: Thomas W Olliff, C Mana=er (In the Board s Absence) Date: Date Submitted :08/03/01 Agenda Date: DURING BOARD'S ABSENCE APP. R OP RIA. TE :~H EADING~:(ClR Ci~E~O NE)~. [] (2) Approval of Agenda and Minutes [] (5) Presentations [] (8) Advertised Public Headngs [] (11) Airport Authority I--l(14) Staff and Commission General Communications Requested Agenda Item [] (3) Proclamations [] (4) Service Awards [] (6) Public Petitions & Comments on [] (7) Board of Zoning Appeals General Topics [] (9) Board of County Commissioners [] (10) County Manager's Report [] (12) County Attorney's Report [] (13) Other Constitutional Officers [](15) Future Agendas [] (16) Consent Agenda [] 117) Summa~Agenda .~ gob Pierce Division Head: ,."f~./~J--~ Date: Jo-Anne Varcoe Learner Reviewed~~__~,~ Skip Camp' - ~///////0/Cou nty Manag e r: ~P~.~ Tom Olliff Date: Date: Item Title: AUTHORIZE STAFF TO ISSUE WORK ORDER #VC-01-14 TO WM. J. VARIAN CONSTRUCTION COMPANY FOR PARKING LOT IMPROVEMENT. Fiscal Impact: Parking lot repair cost were anticipated and budgeted as part of the new Bldg. J-1 Administration addition. Funds in the amount of $ 68~310.00 are available in cost center 301; Object code# 120402; Project# 80524 and no additional funding is required. List of Documents Attached: 1. Executive Summary (required) 2. Work order 3. 4, 5. EXECUTIVE SUMMARY AUTHORIZE STAFF TO ISSUE WORK ORDER #VC-01-14 TO WM. J. VARIAN CONSTRUCTION COMPANY FOR PARKING LOT IMPROVEMENT. OBJECTIVE: To have the Board authorize staff to issue Work Order # VC-01-14, in the amount of $68, 310.00 to Wm. J. Varian Construction Company under the terms of Annual Contract #99-3025, "General Contractor Services" for improvements to the parking lot on the Main Government Complex. CONSIDERATIONS: As part of the Sheriff's Administration Addition on the Main Government Complex, the adjunct parking lot was to be improved and additional spaces added. On July 13, 2001 competitive quotes were solicited from the five General Contractors on annual contract with Collier County. The scope of work was for parking lot renovations and additions to the common parking areas that serve Buildings G, W, and J-1. On July 30, 2001 the quotes were accepted with the following results: Vanderbilt Bay Surety Const. Varian Const. PBS Chris Tel Quotes $76,390.00 $76,836.00 568,310.00 $92,890.00 No Bid Wm. J. Varian Construction Company was determined to be the lowest responsive bidder for this project. Collier County Purchasing Department procedures require that Annual General Contractor Work Orders over $50,000.00 need Board approval before it is issued. FISCAL IMPACT: Parking lot repair costs were anticipated and budgeted as part of the new Building J-I Administration addition. Funds in the amount of $68,310.00 are available in County ~4±cte gap-it, al Improvement Fd. Project # 80524 and no additional funding is required. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this project. RECOMMENDATION: That the Board authorize Staff to issue Work Order # VC-01-14 to Wm. J. Varian Construction Company for parking lot improvements. Prepared By: Bob Pierce, Project Manager The Department of Facilities Management Executive Summary Work Order #VC-01-14 August 1, 2001 Page 2 of 2 Reviewed By: Skip Camp, CFM, Director The Department of Facilities Management Date: Reviewed By: Steve Carnell, Director Purchasing / General Services Department Date: Approved By: Jo-Anne Varcoe-Leamer. Administrator Support Setwices Division ./ Date: Thomas W. O~lifl; Cot~,~nager (In the Board's Absence) Date: .--ROM : VARIAN £ONST PHONE NO. : ~17~20~20 Jul, ~1 _~00i 05:21PH Pi T C, C, T WORK ORDER # VC-01-1q "Geatral Coa~d. or's Services" Contra~t ~99-302~, Dated February 22, 20~0 work O~d~r ia for QenerM Contractor's Service, subject to the terms ~d condldo t~act ~efe~:enced above, for work known ~: ~ject: Parking lot renov~lions and addition;, Building G and W. ~e a, ork :s sp-~c[fied in '..he proposal dated July 29, 2001 from wm. ]. Ya~.m Cot ::m."*~:,n ~mpauy whiet', is att~hed hereto and ma~ ~axt of this Work Ord,. In ~co~ance ~ W, ~erm; d cotdiUom of ~ Ageemen; :efertmc~d. ~ov.', Work O'~d~ ~,VC-01-14 is ~si~ 'd to the fa. J. Vr~tian Constrcction C.,mpany. sk I: Supply labor ~ad material to remodel Building O ~d W park-/ng lot per proposa2 ~~: Comple_m with in 30 d~y~ of PO / Pem~t. h_"~_~..ns-'tion: Ln accord.an, ce u,'iuh lt,m 3 cf the Agreement. the C~unty will cc~.~¢ ~szte the rrm in arcord~n¢¢ with tl-~ regofia~d Ium~ ;urn amount pro,Uded in tko schedule bolo ~.'. Task I: 568.310.00 ay .:hangs made ,u~,sequent to F. nal dep~rtmen; approval will be considered an ddi:ion~ :-vice and cheu-gc.~ acz~dap, g to 0.n ,x¢;me..l Change &taler as en-a_m~ated :n Ex?xbt' D cf ~z R E\,'g~D BY: Skip Camp, Director Facilities Management D~ar:ment ~¥azi~ Con;mictlon Company Titie ,Dare A~GENDA TRANSMITTAL SLIP ! ~11"~' ~. Agenda Item Date Submitted ' August 8, 2001 Requested Agenda Date: ~ [] (2) Appr~)v'al of Agenda and Minutes [] (3) Proclamations U (4) Service Awaras [] (5) Presentations [] (6) Public Petitions & Comments on [] (7) Board of Zoning Appeals General Topics [] (8) Advertised Public Headngs [] (9) Board of County Commissioners [] (10) County Manager's Report Iii (11) Airport Authority --I (12) County Attomey's Report [] ~13) Other Constitutional Officers ii(14) Staff and Commission General r-1(15) Future Agendas XX 1~6)_ consent Agenda~'~ Communications ii (17) SummaryA~a _ ,, . Requested by: .~~/~~-Date: ~//~)~ J Revi G I e n Al d e rfe r"'Er~ ('~ r'g'e n cY rv'1'~ d~ca~'~ervices e~.~ . Jef'~ls~ Operati~s Director, EMS Reviewed by: basin Dept. Steven Carnell, Director Purc g Division Head: Thomas Storrar, CEM, Emergency Services Date: County Manager: _/~ ~- _. I. Date: Item Title: WAIVE PURCHASING POLICY AND APPROVE MEDTRONIC PHYSIO-CONTROL AS VENDOR FOR THE PURCHASE OF ADDITIONAL LIFEPAK 12 ECG MONITORS TO BE USED WITH THE ADVANCED LIFE SUPPORT (ALS) PROGRAM. List of Documents Attached: 1. Executive Summary (required) 2. 3. 4. 5. EXECUTIVE SUMMARY WAIVE PURCHASING POLICY AND APPROVE MEDTRONIC PHYSIO- CONTROL AS VENDOR FOR THE PURCHASE OF ADDITIONAL LIFEPAK 12 ECG MONITORS TO BE USED WITH THE ADVANCED LIFE SUPPORT (ALS) PROGRAM. OBJECTIVE: Board of Commission approval to waive the purchasing policy and approve the purchase of additional LifePak 12 ECG monitors from Medtronic Physio- Control. CONSIDERATION: On July 31, 2001, the Board of Commissioners approved Advanced Life Support (ALS) partnership programs betxveen Collier County Emergency Medical Services and the East Naples Fire District and the City of Marco Island. Three (3) additional LifePak 12 ECG monitors are needed to meet the requirements of the ALS partnerships. All Collier County ambulances are currently equipped xvith the LifePak 12 monitors which are covered under a service agreement with the vendor, Medtronic Physio-Control. Purchasing the monitors from Medtronic Physio-Control will ensure consistency of equipment and service. FISCAL IMPACT: The total cost for the purchase of three (3) LifePak 12 ECG monitors is S70,938 and funds are appropriated for FY 01 in the EMS Impact Fee Capital Fund. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners waive normal purchasing policy and approve the purchase of three (3) LifePak 12 ECG monitors from Medtronic Physio-Control. SUBMITTED BY: "Glen Alderfer, E6nergenc,x Medical Services REVIEWED BY: REVIEWED BY: Jeff Vg'~e;/ Ol~erations Director, Emergency Medical Services .- -- ....-, ., , '---e., g~'f' Date: Steven C"-arnel}/, Director, Ptii'chasing Department APPROVED BY: ~?ff'.,~2]~ >¢,d-~d~q.-J Date: ~ ~,//~// Thomas Storrar, Emergency Services Administrator AGENDA-iTEM No. ~{_ $ ~-"l k AGENDA TRANSMITTAL SLIP Date Submitted · 08/02/01 Requested Agenda Date: ~!'APP R OP RIA3;E~:~ H EADIN~IRCEE~ONE, [] (2) Approval of Agenda and Minutes [] (5) Presentations [] (8) Advertised Public Hearings [] (11) Airport Authority I-'1(14) Staff and Commission General Communications [] (17) SummaryA, g, enda [~ob Pierce/ Jo-~e varcoe Leamer [] (3) Proclamations [] (4) Service Awards [] (6) Public Petitions & Comments on [] (7) Board of Zoning Appeals General Topics [] (9) Board of County Commissioners [] (10) County Manager's Report [] (12) County Attorney's Report [] (13) Other Constitutional Officers [-l(15) Future Agendas [] (16) Consent Agenda Date: County Manager: Date: Date: Item Title: APPROVE STAFF'S RECOMMENDED SHORT LIST OF CONSULTANTS FOR THE DESIGN AND CONSTRUCTION MANAGEMENT OF THE VANDERBILT BEACH PARKING GARAGE AND TO BEGIN CONTRACT NEGOTIATIONS WITH WALKER PARKING CONSULTANTS. Fiscal Impact: Funds in the amount of 3,800,000 are available for project design and construction through the Tourist Development Tax. List of Documents Attached: 1. Executive Summary (required) 2. 3. 4. 5. EXECUTIVE SUMMARY APPROVE STAFF'S RECOMMENDED SHORT LIST OF CONSULTANTS FOR THE DESIGN AND CONSTRUCTION MANAGEMENT OF THE VANDERBILT BEACH PARKING GARAGE AND TO BEGIN CONTRACT NEGOTIATIONS WITH WALKER PARKING CONSULTANTS. OBJECTIVE: To have the Board approve the short list ranking of Consultants as recommended by staff for the design and construction management of the Vanderbilt Beach parking garage and to begin contract negotiations xvith Walker Parking Consultants.' CONSIDERATIONS: On October 24, 2000, agenda item 8(D)(2), the Board approved the construction and Tourist Development Tax funding for the Vanderbilt Beach Parking Garage. On April 27, 2001 RFP #01-3228 for "Professional Architectural Services for Design of Vanderbilt Beach Parking Garage" was posted by the Collier County Purchasing Department which resulted in four proposals being submitted by the June 8, 2001 3:00 PM deadline. A Selection Committee meeting was held July 6, 2001 at 9:00 AM in the Purchasing Conference Room to determine the ranking of the firms submitting proposals. After review and discussion of the proposals, and numerical ranking of each firm, the following three firms were short listed by consensus of the Selection Committee: 1. Walker Parking Consultants 2. Architectural Network, Inc. 3. Rich and Associates It is recommended that Staff begin contract negotiations with the top ranked fi~Tn, Walker Parking Consultants. Should Staff be unable to negotiate a satisfactory contract with the top ranked firm, Staff shall select additional firms in order of their ranking and continue negotiations in accordance with F.S. 287.055. FISCAL IMPACT: Funds in the amount of $3,800,000 are available for project design and construction through the Tourist Development Tax and have been previously approved by the Board on October 24, 2000 agenda item 8(D)(2). After successful negotiations, another Executive Summary will be presented to the Board to award the contract. GROWTH MANAGEMENT IMPACT: The value of the improvements to the facilities will be counted towards the level of service standard for park facilities. RECOMMENDATION: Staff recommends that the Board of Collier County Commissioners approves the short list ranking as recommended by Staff and begin contract negations with Walker Parking Garage. Executive Summary Vanderbilt Beach Parking Garage July 26, 2001 Page 2 Prepared By: ~3ob Pierce,'Project Manager The Department of Facilities Management Date: Reviewed By: Skip C~imp, CFMi Director The Department of Facilities Management Date: Revie~ved By: S~te~ve Carn~l'l, Director Purchasing / General Services Department Date: Approved By: Jo-Anne Varcoe-Leamer, Administrator Support Services Division Approved By: Thomas W. Ollif-f:~ty Manager (In the Board- ''s Abs~fice) Date:~~3r- AGENDA TRANSMITTAL SLIP Date Submitted: 8/20/2001 Agenda Item # Requested Agenda Date: ~el,~ ~ [] (4) Approval of Minutes -] (7) Public Petitions [] (8C) Public Services [] (gF) Emergency Services [] (~0) ~cc [] (12) Advertised Public Hearin~gs [] (14) Staff Communications [] (17) Summary Agenda [] (5) Presentations & Awards [] (gA) Community Development [] (8D) Support Services [] (80) Airport Authority I--I(1 IA) Other Constitutional Officers [] (13A) Board Zoning Appeals Adv. P.H. [] (15) BCC Communications [] (6) Approval of Clerk's Report [] (gB) Public Works [] (8E) County Administrator [] (9) County Attorney [] (1 lB) Public Comment [] (13B) Other [] (16) ConsentA~enda DivisionHead:~,~-~_,---'-~ Date:g/20/01 County Administrator: ~ ~a~e: L~o~E. 6ch'~, Jr./~ Thomas W. 6111fi, County Man"'a~e~ ' / / Item Title: APPROVE BUD~ A~MENDMENT FOR PAYMENT OF SEVERANCE PAY AND BENEFITS FOR THE RETIREh~G DIRECTOR OF TIlE SOCIAL SERVICES DEPARTMENT List of Documents Attached: 1. Executive Sumanary (required) 2. Budget Amendment For Fund 3. 4. 5. 001-155910 f.~l t55q~O SIf,~O° (.. 3 ~' ~ ' EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT FOR PAYMENT OF SEVERANCE PAY AND BENEFITS FOR THE RETIRING DIRECTOR OF THE SOCIAL SERVICES DEPARTMENT OBJECTIVE: Approve a budget amendment to enable payment of severance pay and benefits. CONSIDERATIONS: After 31 plus years of dedicated service to Collier County, Martha Skinner is retiring September 7, 2001. The severance pay for Mrs. Skinner was not included in the FY 01 budget. A budget amendment is necessary to make provision for this payment from Reserves for Contingencies since no other funds were available from the department. GROWTH MA:NAGEMENT: There is no growth management impact from this recommendation. FISCAL IMPACT: The total amount of $32,600 is heine recmested for FY 91 from Reserves for Contingencies General Fund (001). Since this is severance pay, there will be no recurring costs. RECOMMENI)ATIONS: Staff recommends that the Board of County Commissioners approve the necessary budget amendment for severance pay and benefits for the retiring Social Services Director. Prepared by: Marthh,,S 'kinner, S~cial Services Director Reviewed and /~...~(...: ~,~ ~ _T.5.(~/55.7~____~ __ Approved by: LeO E. oChs, Jr.i'Pu~!iSg'd-~vices Administrator _~EP 1 1 2001 | AGENDA TRANSMITTAL SLIP I Date Submitted: Requested Agenda Date: 9/11/01 Agenda Item '~-I (2) App"roval oi .~gen~a and'Minutes I-I (3) Proclamations I L_J (4) Service Awards [] (5) Presentations [] (6) Public Petitions & Comments on I [] (7) Board of Zoning Appeals . General Topics I [] (8) Advertised Public Headncjs [] (9) Board of County ,C_ommissioners / [] (10) County Uanacjer's Report [] (11) Airport Authority [] (12) County Attorney s Report [ [] (,13) Other Constitutional Officers I-~(14) Staff and Commission General [-1(15) Future Agendas / [] (16) Consent Agenda Communications I [] (17) Summary A~}enda I ~.~-.'/] ~.- R equestedby: .~. ~ t} ~-~ Date: ~l'~'~.,~ R eviewedby: ///~,~V. ~_~_.~_ Date: Heidi As~ton, , / / A stunt C omey- Division Head: ~s.~l~, Date; '/~] County Manager/ .~t.~Y~_ L~..~_~.O[ Date: §-~vid C. Weigel~" 4P County Attorney Item Title: RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION ON PARCEL NO. 30-T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSETT, TRUSTEE OF THE ANNE M. FASSE'I-T TRUST DATED 6/5/86, ET AL., CASE NO. 99- 3040-CA. Ust of Documents Attached: 1. Executive Summary (required) 3. Stipulated Final Judgment 5. 2. Mediated Settlement Agreement 4. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPULATED FINAL JUDGMENT INCORPORATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION ON PARCEL NO. 30-T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. JOHN B. FASSEIT, TRUSTEE OF THE ANNE M. FASSETT TRUST DATED 6/5/86, ET AL., CASE NO. 99-3040-CA, PROJECT # 65041. OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of the fee simple interest on Parcel No. 30-T for the Livingston Road 4-Laning Project (Immokalee Road to Imperial Road) in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated 16/5/86, et al., Case No. 99-3040-CA. CONSIDERATIONS: On December 2, 1999, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple interests for the Livingston Road 4- Laning Project No. 65041 (Immokalee Road to Imperial Road). On December 8, 1999, Collier County deposited with the Registry of the Court the sum of $48,050.00 for Parcel No. 30-T in accordance with the Order of Taking. A Mediation Conference was held on August 2, 2001 at which the parties reached a settlement agreement whereby the property owners, J. Richard Smith, David A. Sherf and Sarah A. S. Donnelly f/k/a Sarah A. Smith, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99- 250). The terms of the Mediated Settlement Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $77,145.00 to be paid to Respondents in full settlement of all claims for compensation including statutory interest, but excluding attorney's fees under Section 73.092(2), F.S., experts' fees, costs and expenses. The Settlement Agreement provides for $9,601.35 to be paid to Respondents for Respondents' attorney's fees. The Mediated Settlement Agreement provides that Collier County shall deposit the additional amount of $38,696.35 with the Registry of the Court. FISCAL IMPACT_: Funds in the amount of $38,696.35 are available in the Road Construction Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION:. That the Board of County Commissioners: 1. approve the expenditure of funds as stated; and 2. approve the attached Mediated Settlement Agreement; and 3. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Date: REVIEWED BY: REVIEWED BY: Steve Miller, P.E., Director Transportation/ECM NO1T Trar Feder, Administrator portation Division APPROVED BY: David C. Weigel County Attorney h:LitXErnDomainXFassett-ExSum MedSettlement 30-T Date: Date: / 7-. 2,,/ 0-7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, Case No.: Parcel No.: 99~3040-CA 30~T JOHN B. FASSETT, Trustee of the Anne M. Fassett Trust dated 6/5/86, et al., Respondents. MEDIATED SETTLEMENT AGREEMENT At a Mediation Conference held on the 2"'~ day of August, 2001, the parties reached the following Settlement Agreement: 1. Petitioner will pay to Respondents, J. RICHARD SMITH, DAVID A. SHERF and SARAH A. S. DONNELLY f/k/a SARAH A. SMITH, the sum of Seventy Seven Thousand One Hundred Forty Five Dollars and 00/100 ($77,145.00) in full settlement of all claims for compensation from Petitioner whatsoever, including statutory interest. Respondents shall be entitled to attorney's fees in the amount of Nine Thousand Six Hundred One Dollars and 35/100 ($9,601.35) pursuant to Section 73.092(1), Florida Statutes. 2. Petitioner is entitled to a credit in the amount of Forty Eight Thousand Fifty Dollars and 00/100 ($48,050.00), which was previously deposited in the Registry of the Court in .t_his,. case by Petitioner. 3. Counsel for Petitioner and Respondents will jointly submit to the Court for signature a mutually approved Stipulated Final Judgment in this matter as soon as practical hereafter. 4. Petitioner will pay Respondents the balance due of Thirty Eight Thousand Six Hundred Ninety Six Dollars and 35/100 ($38,696.35) within thirty (30) days of the actual date of receipt by Petitioner's counsel of a conformed copy of the aforesaid Stipulated Final Judgment from the Court. 5. This Agreement is subject to approval of the Board of County Commissioners of Collier County. 6. The Court will retain jurisdiction herein as to the matter of Respondents' attorney's fees pursuant to Section 73.092(2), Florida Statutes, experts' fees and costs. 7. This Agreement and the attached addendum, if any, contain(s) all of the agreements of the parties. Florida B~ Iqo. 020015_8_~ ROETZEI~ & ANI?RES.S~.. ~rs~Street, Suite 1000 Fort Myers, Florida 33901 (941) 337-3850 - Telephone (941) 337-0970 - Facsimile Attorney for Respondents Heidi F. Ashton, Esquire Florida Bar No. 0966770 COUNTY ATTORNqEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner Mi'tch Riley, P.E., Senior Project Manager Transportation Engineering & Construction Management Department COLLIER COUNTY GOVERNMENT Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 H: lit/FassettLMediation SettlcmemA~ee_30T AGENDA TRANSMITTAL ,~..IP I ~ate Submitted ' 8/21/01 ~s ~ Advertised Public ~ ~sion General Communications ~da Requestedby:~. ~- P. Lehnhard Division Head: Public Petitions & Comments on General Topics ~ ~ Commissioners 12 Coun Attome 'sRe orr ~](15) Future Agendas Date: 8/20/01 Date: I Agenda Item Requested Agenda Date: IN THE BOARDS ABSENCE ~--]~ Service Awards Board of Zoning Appeals -~ 10 Coun Mana ers Re ort Other Constitutional Officers Reviewed by: /t,f, M. Smykowskf County Manager: _/~ ~ _ _ , Date:8/20/01 Date: Item Title: Approval of Budget Amendment Report- Budget Amendment #01-454; #01-455' #01-456; #01-459. List of Documents Attached: Executive Summary (required) APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/11/00) General (Fund 001) Public Services Division Office Budget Amendment #01-454 Regular Salaries $7,800 Reserves Reserve for Contingencies (7,800) Total: -0- Explanation: Funds are needed to cover personal services due to vacation sell back and the Executive Secretary's salary exceeding that of her predecessor. Isles of Capri (Fund 144) Budget Amendment #01-455 Operatin~ Expenses $3,100 Reserves Reserve for Contingencies (3,100) Total: -0- .Explanation: Funds are needed to repair T-Top on boat that broke in rough water. Funds were received from the insurance company. District 2 Impact Fees (Fund 333) Road Impact Construction Budget Amendment #01-456 Land $15,000 Reserves Reserve for Capital Outlay (15,000) Total: -0- Explanation: Funds are needed for a final stipulated judgment for Collier County v. The Naples Italian-American Club, Inc., Case 98-1672-CA, Parcels 703A, 803A and 8703B. County Water Capital Projects (Fund 412) Budget Amendment #01-459 Combined Water Capital Projects Engineering Fee Reserves Reserve for Capital Outlay Total: $24,000 (24,0O0) Explanation: days. -0- ~.AGEN~ TRANSMITTAL SLiP I Date Submitted: 8/01/01 Agenda Date: DURING BOARD'S ABSENCE_ '-ET~ Advertised Public Communications --------- --~(17 Summa enda . _ .... - ' ~.~ean Merritt, Director Dept. of Public Information Division Head: J~' Jo-Anne Varcoe-Leamer, PUblic Petitions & Comments ~Attome's Re oft (1'~ ~:uture Agendas Requested I~enda Item [] (7) Board of Zoning Appeals -~- 10 Coun Mana. er's' _R.e. rt_ ~ Other Constitutional Officers X (16) Consent Agenda ~---,~Date: 8/01/01 Reviewed by: Steve Came,, Purchasing Director Date: ~//~ County Manager: ~ Date: Support Services Administrator Item Title: REQUEST BOARD APPROVAL TO AWARD BID #01-3245 FOR COPYING OF THE BOARD'S AGENDA TO "ANOTHER PRINTER" ~--' ~' List of Documents Attached: ~-'. Executive Summary (required) ~. BID TABULATION 5. EXECUTIVE SUMMARY REQUEST BOARD APPROVAL TO AWARD BID #01-3245 FOR COPYING OF THE BOARD'S AGENDA TO "ANOTHER PRINTER" Request approval to award Bid No. #01-3245 to "Another Printer" r the copying of the Board's agenda. CONSIDERATIONS. A request for bid was sent on June 1, 2001 to prospective bidders for the copying of the Board's agenda Two vendors responded to the request; "Another Printer" was the Iow bid. ' The Iow bidder has the capability and knowledge to produce the desired product. The Purchasing Department, upon request, has done a field survey of the operation and has determined that the bidder will be able to satisfy the County's requirements. FISCAL IMPACT: Cost for the remainder of FY 01 is approximately $5,700 and there is $42,000 (22 agenda @ approximately $1,909) budgeted for FY 02 in Public Information's General Fund Operating budget. GROVVTH MANAGEMENT IMPACT. There is no growth management impact associated with this request. RECOMMENDATION: The Board of County Commissioners approve award of Bid No. #01-3245 to "Another Printer" for copying of the Board's agenda. J~n Merritt, Director Department of Public Information Reviewed by: c/¢. (/~'~ Date st ; I~irector Purchasing Director Approved by: ~'.,/~/L.,.,''''~ Date Jo-Anne Varcoe-Leamer, Administrator Support Services Division tSENI3ATRAN,.*~t'TTAL SUP I Date Submitted · July 20, 2001 (5) Presentations Agenda Item In the Requested Agenda Date: In the Board's ~oQr'd'$ Absense ~ [] (7) Board of ~ Public .H~ [-'](14) Staff and Commission ~ Communications mma~ ~-----~_ ---------_ Requested by: ~hil~.' d.~all ,,..._~//~ Date:-'7/7~///Rev~e~-------- Impact Fee Coordinator /~f { r~ ,~ Denny Baker , r~ /I · Business Manager Division Head: ~ [ ~~v~ Date ~/~ Co -~' · ' -. : ~ un~ Mane er' J~n Dunnuck, Interim Administator '~ g ' ~ , · -~ C~muni~ Development & Environmental Se~ices Division ~ ,,9,,, B..oard. of.Coun Commissioners [-'](15) Future Agendas ~nst~tut~onal Officers II (16) Consent Agenda Item Title: APPROVAL OF A BUDGET AMENDMENT RECOGNIZING REVENUE IN THE COMMUNITY DEVELOPMENT FUND List of Documents Attached: 1. Executive Summary (required) 3. 2. 5. 4. Date: EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT RECOGNIZING REVENUE IN THE COMMUNITY DEVELOPMENT FUND ~ To attain approval of a budget amendment for the Community Development Fund (113) recognizing reimbursements from the Emergency Medical Services (EMS) Capital Fund (350) and appropriating those revenues for unforseen administrative expenditures. CONSIDERATIONS: The Community Development Fund (113) receives quarterly reimbursements from the EMS Capital Fund (350) for assessing and collecting impact fees. Based on prior year receipts and year-to-date revenue, approximately $15,700 will be received in FY 01. This revenue line item was inadvertently omitted in the annual budget submittal for FY 01. The Cashiering Section has an emerging need to purchase two printers priced at $1,496 each. This purchase is required in order to resolve timing problem within the computer network caused by the shared use of the two existing printers by the two cashiering stations. The extremely high volume of use creates timing problems in the network that can only be resolved by each workstation having a dedicated set of printers. In addition, a replacement PC desktop workstation is needed to replace a unit that frequently malfunctions. The IT Department recommends replacement due to multiple unsuccessful attempts to identify and repair the cause of the problem. The Impact Fee Administration Section requires $400 to pay for unanticipated costs for Postage, Printing and Binding, and Office Supplies needed for development of the Collier County Consolidated Impact Fee Ordinance and Administrative Procedures Manual. Also, $898 is needed for temporary clerical support for a research project directed by the County Manager. Due to the Section's current heavy workload, temporary clerical support is essential in order to achieve the directed deadline for completion of the project. FISCAL IMPACT.'. Reimbursement revenue in the amount of $15,700 will be recognized in the Community Development Fund Budget. On the expenditure side, $2,098 will be budgeted in Operating expenses, $4,174 will be budgeted in Capital Outlay, and the remaining $9,428 will be placed in Reserve for Contingencies. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION,: That the Board of County Commissioners approve a budget amendment for the Community Development Fund recognizing $15,700 in reimbursement revenue from the EMS Capital Fund (350). · Budget Amendment--Community Development Fund (113) S UBMITTEDBY: /555P~, ~~-' ,-~'~, Date: Phillil:¥R. Tindall Impact Fee Coorc~n~or REVIEWED BY: ~ Date: Denny Baker Business Manager APPROVED BY: 7//£,,/5/ Page 2 ol~ MrS. Dunnuck, Interim Administrator mmunity Development & Environmental Services Division Pg. __ ........J AC, ENDA TRANSMITTAL SliP I Date Submitted · 8/28/01 ~ Advertised ~ ~ o. AU~O~ General Communi~tions Request~ by:~ )~ ---~-~) Public Petitions & Comments on ~~ Commissioners ~ttome's Re ort Agendas Date: 8/2~101 I Agenda Item i Requested Agenda Date: IN THE BOARDS ABSENCE -~(~) Board of Zoning Appeal~ ~"~-~'"-~--~~ [] (10 Coun Mana ecs _R_e_ od ~ti.onal Officers "~-~-Consent Agenda Reviewed by' · M. County Manager: Date:8/2~101 p. Lehnhard Division Head: Date: Item Title: Approval of Budget Amendment Report- Budget Amendment #01-460, List of Documents Attached: 1. Executive Summary (required) 3. 5, Date: APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/11/00) MSTD General (Fund lid Long Range Planning Budget Amendment/t01-460 ~ $22,500 Res__~erves Reserve for Contingencies (22,500) Total: -0- _Ext~lanation.: Funds are needed to cover printing and advertising costs due to Community Character Plan, Community Redevelopment Agency, Rural Lands and Rural Fringe Committees, three Community Development Districts, and a high volume of Comprehensive Plan Amendments. A TRANSlafl'TALSUP i ~te Submitted: 8/22/01 ~ Presentations ~ In the Boards Absence: l~enda Item ~ Service Awar ._______ [] (6) Public Petitions & Comments on [] (7) Board of Zoning Appeals Genera~ -'-----'-'-- ~] 10 Coun Uana e~ ---'----- ~fCoun Co_mmis~.ioners ~'tutional Officers '-~(~)_ A.dvertised~ ~ [] (16)ConsentAgenda ~("-~-'~ Future Agendas .._------- Commun'mations ------------ -'-------- [-- ~ Reviewed b~ Date: Requested by: ,,-7~r_.- ~,--,~- .. Date: · ~a~k Crd'g~le · Manager: Division Head: ; a~~eLe _ Date: ~)/'~/01C°unty Sk,p~ Date: Jo-Ann amer Item Title: WAIVE REQUIREMENTS FOR A FORMAL RFP PROCESS AND AUTHORIZE WORK ORDER NO. BSSW-00-07 FOR BARANY,SCI-IMITT,SUMMERS, WEAVER AND PARTNERS INC. TO DESIGN A GOVERNMENT SERVICE CENTER AT THE NEW NORTH NAPLES LIBRARY SITE. Fiscal Impact: Funds in the amount of $1135,100 are available in FY 01 toward the design of the Government Service Center and will be used in Phase I of the design, to be completed no later than October 1,2001. The architectural fee for Phase I is $95,11)0. The amount of $3,1)72,200 will be appropriated in FY 02 for the balance of the design fee and construction. Phase II design fee will be $135,600. The total design fee will be $231),700. List ef Documents Attached: 2. Work Order 1. Executive Summary (required) 4. 3. Contract 5. EXECUTIVE SUMMARY WAIVE REQUIREMENTS FOR A FORMAL RFP PROCESS AND AUTHORIZE WORK ORDER #BSSW-00-07 FOR BARANY SCHMITT SUMMERS WEAVER AND PARTNERS INC. TO DESIGN A GOVERNMENT SERVICE CENTER AT THE NEW NORTH NAPLES LIBRARY SITE. For the Board to waive the normal bid process and approve the negotiated ork Order for the North Naples Government Service Center with Barany Schmitt Summers Weaver and Partners, Inc. who is presently under agreement with the County for the design of the new North Naples Library which is adjacent to the Government Services Center Site. ~CONSIDERATIONS: The North Naples Library, presently under construction, and the proposed North Naples Government Services Center are in very close proximity to each other and share the same site, utilities and staging areas. The two buildings, because of their close proximity should compliment each other and be designed by the same design firm. Barany Schmitt Summers Weaver and Partners, Inc., under the County's annual contract, was selected to design the North Naples Government Service Center. Originally the scope was to design a 6,000 SF facility and the project fell well within the parameters for the annual architectural contract. After programming, the scope increased to approximately a 13,000 SF facility with a design fee of $ 230,000. This exceeds the allowable fee of $200,000 set by the annual contract. The Board has the authority under State Statue, Section 255(a)10b(1) to waive the requirements for public bidding in a situation such as presented in this summary. FISCAL IMPACT: Funds in the amount of $105,100 are budgeted and available in the Count Wide Capital Improvement Fund (301) in project 80534 for FY 01. This budget is for the design of the Government Service Center and will be used in Phase 1 of the design, to be completed no later than October 1, 2001. The architectural fee for Phase 1 is $95,100. The amount ors 3,072,200 will be appropriated in FY 02 for the balance of the design fee and construction. Phase I1 design fee will be $ 135,600. The total design fee will be $230,700. This project will be initially funded with Loan Proceeds; annual debt service payment will be funded from Ad Valorem. GROWTH MANAGEMENT IMPACT: This request does not impact the Growth Management Plan. Executive Summary North Naples Government Service Center Page 2 RECOMMENDATIONS: That the Board waive the requirements for the formal RFP process, authorize a Work Order under the County's annual Contract with Barany Schmitt Summers Weaver and Partners, Inc. and authorize the Director of Facilities Managemem to sign a Work Order for Phasel and Phase 11 alter review by the County Attorney' s Office. PREPARED Jac~Qr~gnale, Constriction ME g Ddl6artment of Facilities Management DATE: REVIEWED 'S~c[~C~p, CFM, Direc't6 Department of Facilities Management DATE: ~teve Y)Camelk/Direct°r Purchasing Department DATE: Jo-Anne Varcoe-Leamer, Administrator Support Services Division DATE: WORK ORDER # BSSW-00-07 Agreement for Fixed Term Professional Architectural Services Dated August 3, 1999 (Contract #99-2930) This Work Order is for professional architectural services for work known as: Desi n of the North Na les Government Services Center. To rovide more Government services to the North Na les Area. The work is specified in the proposal dated June 28, 2001 which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # BSSW-00-07 is assigned to Barany Schmitt Summers Weaver and Partners, Inc. Scope of Work: PHASE 1 Task 1 Schematic Design PHASE il Task 2 Design Development Task 1 Construction Documents Task 2 Bidding & Construction Contract Negotiations Task 3 Construction Contract Administration Task 4 Miscellaneous Services Schedule of Work: Complete total design 5~vices within _. 240 calendar days from receipt of the Notice to Proceed authorizing start of work. Compensation- In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and mate~tial, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). PHASE 1 SDP Amendment & Civil Engineering Landscaping Design Architecture-Engineering Misc. Services Sub-Total $ 20,684 2,140 63,955 8,321 $ 95,100 Funds are resentl available for Phase 1 the work will start immediateiE. W.O. BSSW-00-07 Page 2 PHASE !! Civil Engineering Landscape Design Architecture-Engineering Misc. Services Sub-Total $ 7,594 3,660 120,786 3,560 $ 135,600 TOTAL $ 230,700 Funds will be available for the award of Phase 11 on Oct. 1~ 2001. Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: ~//_~r o ~~io n N~anagDe;t e: ---~-~//~:~// //~?.~(eCpkarCtmegnt o~ Facilities Management AUTHORIZED BY: Date' Department of Facilities Management W.O. BSSW-00-07 Page 3 Approved as to Form and Lega.1 S~ufficienc/~ . Thomas Palmer Assistant County Attorney ATTEST. BCorporate Secretary) Kenneth L. Lame_rs, Secretary Type Name and Title ACCEPTED BY: Date: Name of Firm Signature BaranySc i S e¢ egY¢ Joseph A. Barany, AIA Eugene C. Schmitt, AIA Daniel A. Summers, AIA Ronald G. Weaver, AIA Kenneth L. Lamers, RA Kenneth G. Aliff, AiA Fort Myers Office: ~ 1520 Royal Palm Sq. Blvd. Suite 300 Fort Myers, FL 33919 941/278-3838 FAX 941/275-5356 BSSWffm @ aol.com Naples Office: % 5185 Castetlo Drive Suite 4 Naples, FL 34103 941/643-3103 FAX 941/643-7435 BSSWnap@aol.com License # AA C001863 Architecture and Planning June 28, 2001 Architectural services proposal COLLIER COUNTY GOVERNMENT SER~/ICES CENTER Ao GENERAL D CRIPTI N A SCOPE OF PRO CT a. Design and construction documents for an approximately 13,00(~ GSF single story government services building- The building is based on program and concept plan dated June 21, 2001 by BSSW. Building appearance to be compatible with the library. b. Site Location: West portion of the North Regional Library site c. Meet with Collier County Development Services to establish parking requirements and potential for shared parking with the North Regional Library. Amend SDP to reflect change/agreement. SCOPE OF BASIC SERVICE8 PHASE I SCHEMATIC DESIGN · Prepare county SDP amendment. · Prepare SFWMD ERP modification. · Prepare FDEP Water/Sewer application. · Prepare opinion of probable construction cost. · Schedule one review meeting and one follow-up meeting with each of the county constitutional officers to establish requirements for designated spaces. · Coordinate and check engineering and other consultants documents. · Schedule one permitting agency review. Meet with Collier County Development Services permitting officials to coordinate any special requirements. Document code interpretations and/or decisions, in writing, to Owner, consultants and permitting officials. · Coordinate Owner furnished data. · Prepare schematic design sign-off document for authorization by owner prior to commencement of design dev(~lopment phase. DESIGN DEVELOPMENT · Submit county SDP amendment for approval. · Submit SFWMD ERP modification · Submit FDEP Water/Sewer application · Prepare architectural documents required for county design review. · Research and recommend queuing system. · Update opinion of probable construction cost. · Establish structural and MEP systems. · Coordinate sub-consultants work and owners requir_e.,~.ents. . Collier County Government Service~ Center 28 June 2001 Page -2- · Provide architectural design documentation, including plans, sections elevations, building and wall sections, major structural and MEP elements, sufficient to descdbe building and systems. · Coordinate MEP, communications and security requirements of each user group. · Coordinate Owner provideC~ furnishings and office equipment layouts. · Prepare design development sign-off document for authorization by Owner prior to commencement of construction documents phase. PHASE II 1. CONSTRUCTION DOCUMENTS · Produce construction documents sufficient in detail to permit and construct the project. · Documents shall include drawings, specifications and details of building, structure, finishes, MEP and fire protection systems as well as county required documents i.e.: fire plan. · Update opinion of probable construction cost. 2. BIDDING & CONSTRUCTION CONTRACT NEGOTIATION · Assist Owner in bid process, document distribution etc. · Produce any addenda or additional information required. · Assist Owner in any pre-bid meeting. · Assist in bid tabulation and qualifications. · Assess and qualify any alternate bids, unit prices and or allowances. · Assist in bid assessments and negotiations with selected bidder. 3. CONSTRUCTION CONTRACT ADMINISTRATION · Process and certify contractor payment requests. · Process and review shop drawing for compliance with drawings and specifications. · Attend weekly construction progress meetings on site. · Produce field observation reports as required. · Process construction directives and change orders. · Respond to reasonable contractors requests for information. · Produce one construction punch list at substantial completion. · Coordinate contract closeout and assist in post completion activities and certJfication of final payment. MISCELLANEOUS SERViCEs INCLUD_F~n · Soil Boring(s). · Building presentation rendering. · Pdnfing and reproduction during design phases. MISCELLANEOUS SERVICES EXCLUD_Fn Exclusions can be incorporated as additional services at hourly rates or negotiated amount. All additional services require owner approval. · Meetings related to Orange Blossom Drive construction. Collier Ceurgy Government Servi~s Comer 26 June 200~ Page -3- · Coordination of any changes related to Orange blossom Drive construction. · Meetings beyond'tiiose included in basic services with c:~unty transpomlation and or development services. . Additional environmental:permitting or modifications to the consumptive uae permit. --- · Work outside proped7 line!~this work is incorporated as part of bge current Airport Road/Orange Blossom Drive improvements. · Construction related tasks such as punch list pmparatior and final inspections beyond-those included in basic services. · Traffic impact studies, if required. . Off-site toad and uflliby improvements, if any_ · Security, communication, computer connections and other proprietary systems design. These systems are to be pn:3vided by owner. The architect shall coordinate d~cumentation of owner provided systems. · Threshold type structural inspections. · Permitting and impact fees. · Reprodu~on of permiffing, bidding and ~nst]'uction cloL;uments. · As-built drawings and documentation. PROFESSIONAL FEF--~. (refer to attached summary for specific asks) PHASE I · SDP amendment and civil engineenng $ 20, 384 · Landscape design 2.140 · Architecture - Engineering , Misc. services -----~ Sul3-Total $ 95,100 PHA~E I! · Civil Engineering $ 7,594 · Landscape design 3,-360 · Architecture - Engineering 120, 786 · Mi==, services $, Sub-Total $135,,300 TOTAL $ 230,' ~ ($1Sc~ r~fsr 'Jo al~aclled graphic sche~luie) a- S(~hernatic Design - 40 days (caJendar) b. Deaign development - 50 days c. Construction documents - §O days d. Bidding & contract neg. - 60 days e. Construction . 270 days (g mo.) BaranySchmittSummersWeaver&Partners, Inc. Arch;.ec~'~re and Planning 5185 Caste#o Drive, Na~, FL 34102 Collier County Government Services Center Task and fee schedule for architectural services June 28, 2001 Task Schematic design Architectural Structural MEP & FP Landscape Civil Eng. Printing & Reproductions Soil Bodn~Is Totals Building design Lan~uscape Site irrigation engineering design $ $ $ 11,888 1,189 1,664 14,741 $ 713 $ $ 713 $ Misc. services $ 476 $ 3,566 4,280 $ 4,042 Task totals 23,775 Design development Architectural Structural MEP & FP Landscape Civil Eng. Pdnting & Reproductions Building renderir~ Totals $ $ $ 34,236 5,706 9,272 49,214 $ 1,427 $ 16,405 $ 1,427 $ 16,405 $ $ $ 1,427 2,853 4,28O $ 71,325 Construction documents Architectural Structural MEP & FP Landscape Civil Eng. _._Printing & Reproductions Totals $ $ $ 55,935 8,475 11,018 $ 75,428 $ 4,238 $ 2,543 $ 4,238 $ $ 2,543 $ ~4,750 Task summary continued: design Bidding & Const. Contract Architectural Structural MEP & FP Landscape Civil Eng. Printing & Reproductions Totals 7,017 814 ,322 $ 9,153 305 $ 509 I 305 $ ~u~ I :~ "'"~ ~ ~ & const, co.tract ~ tota $ 10,170 Construction contract Architectural Structural MEP & FP Landscape Civil Eng. Pdnting & Reproductions Totals $ 25,628 $ 4,475 $ 6,1o2 ~ $ 814 I $ ConstnJction contract administration t~l $ 40,680 Date Submitted · 08/22/01 Advertised Public Headn s ~[~](14) Staff and Commission General Communications ----------- //~k'Cr~gnale Division Head: I~'o.An~ Learner Public Petitions & Comments on General Topics ~ Board ~i°ners s Re orr I--1(15) Future Agendas l~enda Item In the Boards Absence ~ Service Awards [] (7) Board of Zoning Appeals ~- (10 Count Mana ers Re ort ~tutional Officers [] (16) Consent Agenda Date: Reviewe~~ Date: ~h~J/O~ Manag, Date: Date: County Item Title: APPROVE CHANGE ORDER NO.4 (RFP NO 98-2857 WITH BARANY, SCHMITT, WEAVER AND PARTNERS, INC. FOR NORTH NAPLES REGIONAL LiBRARY/ARCHITECTURAL DESIGN (PROJECT NO. 80529) Fiscal Impact: The fiscal impact of Change Order NO. 4 is $18,900.00 and is available within Fund 355. List of Documents Attached: 1 Executive Summary (required) 2. Change order · 4. 3. 5. EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 4 (RFP NO. 98-2857) WITH BARANY, SCHMITT, WEAVER AND PARTNERS, INC. FOR NORTH NAPLES REGIONAL LIBRARY/ARCHITECTURAL DESIGN (PROJECT NO. 80259) OBJECTIVE: To increase the scope of work under Change Order No. 4 with Barany, Schmitt, Weaver and Partners, Inc. for the North Regional Library/Architectural Design in accordance with FRP No. 98-2857. CONSIDERATIONS: On January 12, 1998 the Board of County Commissioners approved RFP No. 98-2857 with Barany, Schmitt, Weaver and Partners, Inc. for the North Regional Library architectural design. During design, the architect encountered several items, which required changes to the design. The first three (3) change orders were within the 10% increase according to the Purchasing Policy. Change Order No. 4 will take the increases over the 10% allowable by the policy. In order to complete and expedite the design, the testing, adjustment and balance of the mechanical system were required and added in Change Order No. 4, which is attached and itemizes the changes required. FISCAL IMPACT: The fiscal impact of Change Order No. 4 is $18,900.00 and is available within Fund 355. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, approve and authorize the Facilities Management Director to execute Change Order No. 4 to RFP No. 98-2857 with Barany, Schmitt, Weaver and Partners, Inc. REVIEWED BY: SUBMITTED By: [~k Crognale, Proje~0 Manage~ Date: · 'facilities Management Department /~"/'"x~ , . _. Stephen ~. Carnel~, Director Purchasing/General Services Department REVIEWED BY: Facilities Management Department Date: APPROVED BY: Jo-Anne Varcoe-Leamer, Administrator Support Services Administration Date: _B ySchn ittSummersWeaver ND PARTNERS INCORPORATED Authorization For Additional Services North Regional Library BSSW Project No. 9833 ~osapn A. cSarany, r-ugena 3. Schmitt, Oaniei A. Summers, AIA ..qonaia G. Weaver, AIA Kenneth L. Lamers, RA Kennett~ G. Aliff, AIA ,=or[ Myers Office: % 1520 Ecyai ?aim Sq. Blvd. Suite 300 Fort 3.,iyers, FL 33919 941/278-3838 FAX 941/275-5356 8SSWftm@aol.com , i&pies C~ica: 5135 CasteHo Drive Suite 4 Naples, FL 34103 941/643-3103 ,=AX 941/643-7435 3SSWnap@aol.com ATTN: Mr. Jack Crognale DATE: July 30, 2001 OWNER: Collier County Government OWNER FAX: 941-793-3795 The owner has requested Additional Services of Barany Schmitt Summers Weaver & Partners, Inc., as described below or attached, and according to the applicable provisions of the Agreement between the Owner and the Architect for the above referenced Project. These Additional Services may require the services of Consultants which, if necessary, are identified below by name or by discipline. The Additional Services are: Test, adjust and balance the mechanical system as outlined in specification section 15990. The services of the following Consultants and their disciplines will be required: _R~__,.an¥ Schmitt Summers Weaver Professional Air Balancina. Inc. The total compensation to the Architect for these Additional Services shall be: $18,900,00.00. The signature below of a representative of the Owner represents its authorization to the Architect to provide the Additional Services described in this agreement. Authorized on behalf of the Owner by: /~-~/ ~, ./Jack Cro,qnale Construction Manager Printed Name: Its: Agreed on behalf of the Date: __~/ Architect~~~~P~ee~'~ Its: Vice President Mr. Daniel A~ Summers, AIA Date Submitted : 08/23/01 ~~ In the B~ ~~ [] (4) ServiceAwards i l [] (5) Presentations [] (8) Advertised Public Hearings I[--I (11) Airport Authority 1--1(14) Staff and Commission General Communications [] (17) Summary Age~,~Ja , Requested by: ~~/ Daniel R Roddguez Division Head: J-A O nne Varcoe Learner [] (6) Public Petitions & Comments on [] (7) Board of Zoning Appeals General Topics [] (9) Board of County Commissioners [] (10) County Manager's Report [] (12) County Attorney's Report [] (13) Other Constitutional Officers I-'1(15) Future Agendas [] (16) Consent Agenda Date'.~-,~.,l'°~'/ Reviewed b'y'~ Date: Date: ~/a 7/0/County Manager: Date: Tom Oltiff Item Title: WAIVE FORMAL BID PROCESS FOR THE EMERGENCY PURCHASE OF A BACKUP BATTERY SYSTEM FOR THE TAX COLLECTOR AND PROPERTY APPRAISER'S BUILDING. Fiscal Impact: Funds totaling $84,200 have been approved and are available in 301 Capital for General Improvements, Project #80525. List of Documents Attached: 1. Executive Summary (required) 2. 3. 4. 5. EXECUTIVE SUMMARY WAIVE FORMAL BID PROCESS FOR THE EMERGENCY PURCHASE OF A BACKUP BATTERY SYSTEM FOR THE TAX COLLECTOR AND PROPERTY APPRAISER'S BUILDING. OBJECTIVE: That the Board of County Commissioners waive the Purchasing policy and allow the purchase of a uninterrupted power supply (UPS) from National Power Corporation Inc. based on competitive government pricing. CONSIDERATION: On July 31, 2001 the Board approved funding for the replacement of the Uninterrupted Power Supply (UPS) system for the Tax collector and Property Appraiser's buildings. This UPS system is 15 years old. According to the manufacturer, it has met its useful life and is in need of replacement. Parts are becoming scarce and there is the likelihood that the system may not be covered under any future service agreements, due to age and part unavailability. Due to the urgency of this replacement, staff is recommending waiving the formal bid process and using National Power Corporation to purchase and install a new UPS. The pricing that National Power Corporation submitted is based on competitive government pricing. FISCAL IMPACT: Funds totaling $84,200 have been approved and are available in 301 Capital for General Improvements, Project # 80525. GROWTH MANAGEMENT IMPACT: Them is no impact on the Collier County Growth Management Plan, RECOMMENDATION: That the Board of Collier County Commissioners waive the Purchasing Policy and approve the purchase of a UPS system from National Power Corporation. S UBMITTEDBY: ~~..~J~~ate:...r .. Daniel R Rodriguez, Facilit. j~Ma~ger Facilities Management Department REVIEWED BY: S'ldp Camp, CFM, Director Facilities Management Department Date: UPS Replacement Page 2 of 2 REVIEWED BY: Steve Carnell, Director Purchasing/General Services Department Date: APPROVED BY: Date: Jo-Anne Varcoe-Leamer, CPA, Administrator Support Services Division xte Submitted: 08/14/01 (5) presentations & Awards (6) Approval of Clerk's Report (7) Public Petitions '~ (SA) Community Development ~ (8B) Transportation Services (8C) Public Utilities ----------- '"~ 1. Executive Summary (required) Tom W. Oiliff to sign in BCC absence (SF) Emergency Services (SG) County Manager (8H) Airport Authority (9) County Attorney --~ (13A) Board Zoning Appeals Adv PH -'~ (13B) Other '-~ (10) Bcc -~ (IlA) Other Constitutional Offic--"-e~s-~--[~ 07) Summary Agenda "~ (1 lB) Public Comment -~' (14) StaffCommunicalions (15) BCC Communications -'~ (16) Consent Agenda '-~ (SD) Pu~ Prepared by: ' Date: Bob Pete~sen, Engineer II, Land. Operations Stephen Y. Camell, Purchasing · b' Date' Reviewed by: ~'~~: Rewewed y. . .. ~'~-~ ..... r~:,eetor /Pamela 3. L)~II~ASLA, Landscape Edward J. Kant, PE, Transpormu ~~* o4~:.oo~t~' . ~,~,,~ ........ ,.. , v, ewe y: I -- -~W '_'. . - ~-X.~'. _'_ ...... :v ~'"Th~ma~ W. Olliff, County manag Ja, m~s~. Ward/~e~. Director, l'encan t~ay ~c, xv. ~,/ . · ' l~rr~an- E. F~xl~r[ AICP, Transportation Ac~ni~to ItemTitle: APPR~t{VE BID # 01-3247, "INSTALLATIONOF IRRIGATION AND LANDSCAPING ON US 41 NORTH PHASE 1.' Li~t of D~¢umenta Attached: 2. Bid Tabulations Fund(s) 111-163646-763100, 111-163646-634999 ..EXECUTIVE SUMMARY APPROVE BID #01-3247, "INSTALLATION OF IRRIGATION AND LANDSCAPING ON US 41 NORTH PHASE 1." .OBJECTIVE: To obtain Board approval for the award of Bid #01-3247 for the installation of irrigation and landscaping on US 41 North Phase 1 to Valley Crest, Inc. CONSIDERATIONR: On June 13, 2001, the Purchasing Department sent notices to 102 vendors for installation of irrigation and landscaping on US 41 North Phase 1. 2. On June 26, 2001, a non-mandatory pre-bid meeting was held. 3. On July 12, 2001, four (4) bids were opened. Staff reviewed the unit pricing. 4. Staff recommends award of this bid to Valley Crest, Inc. as the lowest, qualified and responsive bidder. "'-' FISCAL IMPACT: The total bid amount for this project is $474,980.17. Funds are available in the · MSTD Unincorporated General Fund (111) in project 60096 in the amount of $237,491. Pelican Bay Services has agreed to provide one-half of the costs towards this project, up to $250,000. This includes the design, bidding, and construction of this project. Those funds will be available in Pellcan Bay Irrigation & Landscaping System Analysis Fund (322). GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #01-3247 to Valley Crest, Inc. for the US 41 North Phase 1 installation of irrigation and landscaping, and authorize the Chairman to execute the standard contract after reviewS_/e County Attorney's Office. Bob~Petersen, Engineer II,..L--a~dscape Operations Pamela J. Lull, ASLA, Landscape,Operatiq.ns M'~',~ger/ ~s P. Ward, Depa~ment DiOr, Pelican Ba~ Se~ Div ] I ~ ~ E~J. ~~~anspo~ation Operations Di~tor/ :~ I ;~oAG~~ N~an E. Feder, AICP, Transpodation AdministratOr / ~ / . ,te Submitted 8/7/01 (4) Approval of Minutes (5) Presentations & Awards (6) Approval of Clerk's R~ort (7) Public Petitions (SA) Community Development (8B) Transportation Seviees (8C) Public Utilities (SD) Public Services Reviewed by: IN THE BI1ARD3' S ABSENCE Requested Agenda Date: 9/11/01 l_Agenda Item # (SE) Support Services (SF) Emergency Services (SG) County Manager (SH) Airport Authority (9) County Attorney (10) BCC (1 lA) Other Constitutional Officers (1 lB) Public Comment (12) Advertised Public Hearings (13A) Board Zoning Appeals Adv PH (13B) Other (14) Staff Communications (15) BCC Communications (16) Consent Agenda (17) Summm'y Agenda Robert W. Tipton, Date: ~ Traffic Ope~mtiom Manager Reviewed Date: Reviewed by: Date: Office of Management & Budget Division Head: Date: Manager: /_~~~4~-- Date: AICP, Transportation Thomas W Olliff, County Manager Item Title: A CONSTRUCTION CONTRACT TO BONNESS, INC. FOR INTERSECTION IMPROVEMEN'I~ AT VANDERBILT DRIVE AND WlGGINS PASS ROAD, BID ~01-3255. List of Documents Attached: 1. Executive Summary (required) 3. 2. Bid Tabulation ~und(s) 313.1636 73- 763100-66065 EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO BONNESS, INC. FOR INTERSECTION IMPROVEMENTS AT VANDERBILT DRIVE AND WIGGINS PASS ROAD, BID #01- 3255. OBJECTIVE: To gain Board approval to award the contract to proceed with the construction of intersection improvements at Vanderbilt Drive and Wiggins Pass Road. CONSIDERATION- On July 2, 2001, notices were sent to 130 prospective bidders for the intersection improvements at Vanderbilt Drive and Wiggins Pass Road. On July 25, 2001, 7 bids ~vere opened. The results of the bid opening are as follows: VENDOR _TOTAL 1. Bonness, Inc. $293,883.04 2. Better Roads Inc. $330,563.05 3. Florida State Underground Inc. $353,758.75 4. Cougar $409,109.38 5. APAC $329.562.34 6. EHC $515,104.42 7. Ajax $361,274.51 Engineering Estimate $347,528.22 Based upon the review of the bids, Staff recommends Bonness, Inc., as the lowest responsive and qualified bidder. A copy of the final Bid Tabulation is attached (Attachment 1). . ISCAL IMPACT: Funds are available in Road and Bridge Gas Tax Fund (313), Project #66065. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. RECOMMENDATION: That the Board of County Commissioners award Bid #01-3255 to Bonness, Inc., authorize the Chairman to execute the standard construction agreement after review by the County Attorney's office. PREPARED BY: /~ ~- ' .~J R°~ptt~°n' ~~perations Manager REVIEWED By: z/~/"~ _ ~x)~,,~ Edwa~'d~J. t,T /I'ransportation Operations Director APPROVED By:.. 7~~~ Norman Attachment(s) / DATE: g-7-~,r DATEL/~//~/9 / DATE: !.Feder, AICP Transportation Division Administrator ate Submitted 8-15-01 Requested Agenda Date: In the Board's absence Proclamations of Minutes Public Petitions Support Services Public Services BCC Attorney 13A) BZA Public Hearings Public Hearings Communications Consent Agenda Community Dev. & Env. Svcs. Clerk [lB) Public Works County Manager 11) Other Constitutional Officers 14) BCC Communications ' Date' ~'-]- ~-O / Reviewe y: ~o ~,o - . ..... Requested by: ~~' ~/_~ .. ;r '~ J~ ~' Bold~ P.E., P.S.M., D~ector Robe~ C. Wil~, P.E., ~t Mm~ Sto~wmer M~ement Dep~em Stom _ , q~ff~ Date. ~7~] Co. Adminismtor: /~ ._ Date~ DivisionHeaa: I ~- .rT... ' ' / / '" ~o~W. Olliff No~Fed~, A~mtsmtor / Coun~ Mmager Tr~s~mtion Division l~m Title: ~PRO~WO~ O~~~ E~O~~ PE~G List of Documents Attached: 1. Executive Summary (required) Fund: 325 (Water Management CIP) Cost Center: 172977 (Lely Ouffall Canal) Project No.: 31101 (Lely Canal with Spreader and Structures) 2. Work Order Amendment (10 pages) 4. EXECUTIVE SUMMARY APPROVE WORK ORDER AMENDMENT NO. WMBP-FT-00-15-A01 WITH WILSONMILLER, INC. FOR ADDITIONAL ENVIRONMENTAL PERMITTING WORK ON THE LELY AREA STORMWATER IMPROVEMENT PROJECT (PROJECT NO. 31101) OBJECTIVE: To obtain Board of County Commissioners (Board) approval of the first amendment to existing Work Order No. WMBP-FT-00-15 with WilsonMiller, Inc. -CONSIDERATIONS: On June 26, 2000 the Stormwater Management Department issued Work Order No. WMBP-FT-00-15 with WilsonMiller, Inc. for environmental permitting assistance in the Lely Area Stormwater Improvement Project. The work scope involved evaluating the status of the r ' ' p oject s permitting progress, meeting with the local environmental agency representatives, and beginning the process of preparing documentation for submittal to the agencies. The original work order was intended to be an initial effort to get the permitting back on the road to successful completion, with a subsequent amendment to be developed once the complexity of the tasks at hand were better understood. Now that WilsonMiller, Inc. is fully involved in the project, this first amendment to the work order has been prepared to provide sufficient scope and funding for completing the preparation of the proper documentation to address outstanding environmental issues as well as prepare for anticipated additional requests for information as the permitting focuses on finalization of approval. The County's Fixed Term Contract for Professional Engineering Services utilizes the work order process to implement work assignments to selected engineering consultant firms. The stated limit for a work order is $90,000. This amendment to the work order will exceed this $90,000 limit, and therefore Staff recommends that the Board waive the limit for this particular work order. ~,"~."' FISCAL IMPACT: Original Work Order amount " Work Order Amendment No. 1 amount $24,700.00 $104,501.00 TOTAL REVISED AMOUNT $129,201.00 Funding for this engineering design and permitting work is available in the Stormwater Management Department CIP Fund (325) for this project (Project No. 31101). Source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: The development of engineering plans and environmental permitting efforts for regional stormwater management system improvements is in accordance with the intents of the Drainage Sub-element of the Public Facilities Element of the Growth Management Plan. --' ' AGi EL~L~=~-TJE M SEP 11 2001 Executive Summary Work Order Amendment WMBP-FT-00-15-A01 for Lely Area Stormwater In~provement Project Page 2 RECOMMENDATION.: That the Board: 1. Waive the $90,000 limit for Work Order No. WMBP-FT-00-15; Approve Work Order Amendment WMBP-FT-00-15-A01 with WilsonMiller, Inc.; and Authorize the Chairman to sign the Amendment after County Attorney approval. SUBMITTED BY: Robert C. Wiley~a~-E., Project Manager Stormwater Management Department Date: ~:~-/_3 - O / REVIEWED BY: REVIEWED BY: _ APPROVED BY: Stephe-~ {/. Carn~fl, Director Purchasing Department Director jo~ .~Boldt, P.E.,'P.S. · Stormw~l~r Management Director Norman Feder Transportation Division Administrator Date: Date: Date: ,~-/,5/// _ WORK ORDER # WMBP-FT-00-15.A01 Agreement for Fixed Term Professional Engineering Services Dated December 8, 1998 (Contract #98-2835) This Work Order Amendment is for professional engineering services for continuation of work known as Lely Area Stormwater Improvement Project Permitting This Work Order Amendment with WilsonMiller, Inc. is to continue assisting the County in obtaining the conceptual and Phase I construction Environmental Resource Permit for the proposed regional stormwater management system improvements in the East Naples area. The additional work is specified in the proposal dated August 1, 2001, and the clarification letter dated August 20, 2001, which are attached hereto and made a part of this Work Order Amendment. In accordance with the Terms and 'Conditions of the Agreement referenced above, ~Work Order Amendment #WMBP- FT-00-15-A0[ is assigned to _WilsonMiller, Inc. _Scope of Work (for this Amendment A01)2.' 2.1 Pre-submittal - The following services will be performed with resulting documentation and mapping submitted to client and Agnoli, Barber & Brundage, Inc. (ABB) for use and/or inclusion in a resubmittal to SFWMD and the US Army Corps of Engineers: 2.1.1 Assemble and review existing vegetative cover and wetland mapping data for Project area. 2.1.2 Coordinate with Kevin L. Erwin, Consulting Ecologist, Inc. (KLECE) and develop a Master FLUCCS coding system and wetland identification system compatible with existing mapping efforts. 2.1.3 Conduct supplemental field investigations to determine approximate wetland jurisdictional limits and FLUCCS polygon locations in or adjacent to areas of direct impact. 2.1.4 Prepare AutoCAD/ERSI compatible GIS coverages for FLUCCS, wetlands and listed species occurrence points for Project areas of direct impact. Prepare general wetland mapping for balance of project area. 2.1.5 Coordinate with KLECE and ABB to update impact area calculations. 2.1.6 Prepare an existing conditions summary and Wetland Rapid Assessment Procedure (WRAP) evaluation for areas of direct impact and adjacent, secondary impact. 2.1.7In coordination with KLECE, prepare an overall wetland mitigation concept plan with WRAP analysis based on existing data. . 2.1.8 aR;;lii;~ioTdresPt~t~ede comments on preparation of permit P s, drawings and exhibits in support of response to existing RAI by ABB subject to limitations identified in Section 3, GENERAL CONDITIONS AND UNDERSTANDINGS, below (contained in the attached proposal dated July 30, 2001) 2.1.9 With assistance from ABB and KLECE, draft minimization/avoidance and public interest portions of narrative supplement of Corps application. 2.2 Permit 2.2.1 Application Support Update permit strategy plan with respect and revise and adjust the permitting timelit above activities, periodically meet wit consultants to discuss permit review strateg Work Order WiVlBP-F00-15 Lely Area Stormwater Improvement Project Permitting 2.2.2 2.2.3 2.2.4 2.2.5 Page 2 Review and respond to the environmental portions of up to 2 additional RAI's (2 from SFWMD and 2 from Corps) received in response to the re-submittal. Periodically meet with Client to discuss permit review process, key decisions and schedule. Attend up to three site walks with multiple agency regulatory staff to review existing site conditions and proposed wetland mitigation area. Conduct up to six additional meetings with individual regulatory agencies to discuss wetland impacts, wetland mitigation, wildlife or stormwater management issues. 2.3 Reimbursable Expenses 2.3.1 Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service and long distance telephone calls shall be reimbursable to WilsonMiller. Abbreviations Used: SFWMD - South Florida Water Management District FLUCCS - Florida Land Use Cover and Classification System GIS - Geographic Information System RAI - Request for Additional Information Schedule of Work,:_ Complete work for the current RAI re-submission package ~Task 2.1) by August 31. 2001. If additionalRAI's are received, work tasks will be developed for each RAI specifying the schedule of completion, deliverables, and applicable fee. Each work task will be developed within a timely manner and be mutually agreed to by Client and Consultant after reviewing the contents o f the RAI' s. Compensation: In accordance with Article Five of the Agreement, the Count)' will compensate the Firm in accordance with the estimated time and material budget amount provided in the schedule below using the established hourly rate(s) as enumerated in Schedule "A" of the Agreement. Task 2.1 Task 2.2 (as per future work tasks) Task 2.3 (Reimbursables) ESTIMATED AMENDMENT FEE Current Work Order Fee ESTIMATED TOTAL FEE $23,991.00 (time and materials) 78,010.00 (time and materials) 2,500.00 $104.501.00 $24.700.00 $129,201.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A' of the Agreement. E Robert C. Wiley(P.., Sr. Project Manager Date Stormwater Management Department John0H. BolliX, P.E., P.S.M., Director Stormwater Management Department REVIEWED BY: 11 2001 .,. Work Order WMBP-F00-15 Lely Area Stonnwater Iraprovement Project Permitting Page 3 ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS Collier County, Florida By: Deputy Clerk Approved as to Form and Legal Sufficiency: Assist~ant Coufity Attorney By: James D. Carter, Ph.D., Chairman ATTEST: · (Corporate Secretary) By: ~-. _~_~.. ::~// , a~mOlhy p. Durham, P.E. Senior Vice~j~,esident _ Corporate Seal (or) witnesses (2) (1) Signature Print Name (2) Signature Print Name W.O. WMBP-FT-00-15-A01 ,doc SEP 11 200! WilsOnMiller PROFESSIONAL SERVICES PROPOSAL TO: FROM: DATE: SUBJECT: Mr. Robert Wiley, PE Senior Project Manager Stormwater Management Department Transportation Division Horseshoe Square, Suite #212 2685~o ut.l.l.l~ o rs.~.~_S h.~ Drive , "cc io- - / ProyM Senior Vice President JLfly 30, 2001 Amendment to County Work Order WMBT-FT-00-15 for Professional Services Proposal for Continuing Environmental Consulting Services Relating to District VI Stormwater Drainage Area, Generally located in District 6 of the Big Cypress Basin, Collier County, Florida WMBT-FT 00-15-A01 OVERVIEW 1.1. The Collier County Stormwater Management Department (Client) wishes to hire WilsonMiller (Consultant) to provide assistance relative to environmental permitting issues in the County's efforts to support an existing Environmental Resource Permit (ERP) application under the South Florida Water Management District (SFWMD) review process and a Section 404 permit application under the U.S. Army Corps of Engineers (Corps) review process for drainage system improvements/construction (the Project) within the District VI area of Collier county. 1,2, WilsonMiller, Inc. has been requested to submit a proposal to render Environmental services for the Project. The lead consultant for the design and permitting effort will be Agnoli, Barber & Brundage, Inc. with input from Kevin L Erwin Consulting Ecologist, Inc. and WilsonMiller, Inc. SEP 11 2001 Wil nMiller 1.3. 1.4, WilsonMiller will coordinate with representatives of the Client. Other subconsultants for legal or technical support, as may be needed, will contract directly with the Client. Client intends to obtain a Conceptual Permit approval for the overall Project and a Construct and Operate Permit approval for Phase 1 of the project from SFWMD. Client intends to obtain 404 Permit approval for the overall Project from the U.S. Corps of Engineers. h~0,¢;~¢~i 974~,1 Vet 0]'. RRLACK SCOPE OF SERVICE.e: 2.1. Pre-submittal- The following services will be performed with resulting documentation and mapping submitted to client and Agnoli, Barber & Brundage, Inc. (ABB) for use and/or inclusion in a resubmittal to SFWMD and the US Army Corps of Engineers: 2.1.1. Assemble and review existing vegetative cover and wetland mapping data for Project area. 2.1.2. 2.1.3. 2.1.4. 2.1.5. 2.1.6. Coordinate with Kevin L. Erwin, Consulting Ecologist, Inc (KLECE) and develop a Master FLUCCS coding system and wetland identification system compatible with existing mapping efforts. Conduct supplemental field investigations to determine approximate wetland jurisdictional limits and FLUCCS polygon locations in or adjacent to areas of direct impact Prepare AutoCAD/ESRI compatible GIS coverages for FLUCCS, wetlands and listed species occurrence points for Project areas of direct impact. Prepare general wetland mapping for balance of Project area. Coordinate with KLECE and ABB to update impact area calculations. Prepare an existing conditions summary and Wetland Rapid Assessment Procedure (WRAP) evaluation for areas of direct impact and adjacent, secondary impact. 2.1.7. 2.1.8. In coordination with KLECE, prepare an overall wetland mitigation concept plan with WRAP analysis based on existing data. Review and provide comments on preparation of permit application responses, drawings and exhibits in support of response to existing RAI by ABB subject to limitations identified in Section 3, Gl CONDITIONS AND UNDERSTANDINGS, below. AG No. I~ ITEM SEP 11 2001 WilspnMiller 2.1.9. With assistance from ABB and KLECE, draft minimization/avoidance and public interest portions of narrative supplement of Corps application. 2.2. Permit 2.2.1. 2.2.2. Application Support Update permit strategy plan with respect to current conditions and revise and adjust the permitting timeline based on results of above activities, periodically meet with Client and other consultants to discuss permit review strategy. Review and respond to the environmental portions of up to 2 additional RAI's (2 from SFWMD and 2 from Corps) received in response to the re- submittal 2.2.3. 2.2.4. 2.2.5. Periodically meet with Client to discuss permit review process, key decisions and schedule. Attend up to three site walks with multiple agency regulatory staff to review existing site conditions and proposed wetland mitigation area. Conduct up to six additional meetings with individual regulatory agencies to discuss wetland impacts, wetland mitigation, wildlife or stormwater management issues. 2,3. Reimbursable Expenses 2.3.1. Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service and long distance telephone calls shall be reimbursable to WilsonMiller. 3. GENERAL CONDITIONS AND UNDERSTANDINGS 3.1. The Scope of Services and Fees proposed herein are based on the assumption that: 3.1.1. The Client's staff will facilitate the request for documentation from other County departments, if necessary; 7/36'2001. 97454 Vet 01!- BBLACK Z9 .n?9-999-r;; 9- 0,3000 3.1.2. Drawings and exhibits for submittal to agencies will be g.' W ls nMiller 3.2. 3.3. 3.1.3. 3.1.4. This task does not include conducting any public workshops or presentations to the Board of County Commissioners; Existing data regarding the location and extent of SFWMD and Corps jurisdictional wetlands is available in digital format and is generally appropriate for the level of wetland permitting outlined under this proposal; 3.1.5. Mitigation for Project impacts will occur on County owned land within the Project area; 3.1.6. Consulting services relative to Section 7 of the Endangered Species Act as well as listed species surveys or management plans, if required, are not provided under this contract; 3.1.7. Site specific issues related to property owned by Collier Enterprises, Inc. within the project areas will be evaluated and addressed by Kevin L. Erwin Consulting Ecologist, Inc. (KLECE) and responses to such issues will occur and be coordinated with the Consultant in a timely, efficient and constructive manner, and; 3.1.8. Water quality, BMP and hydrology related issues will be addressed by other consultants; 3.1.9. Existing draft permit drawings and exhibits are contained on an existing available CD and can be reasonably modified and used for RAI response support. Due to the various laws and ordinances relating to projects of this nature, legal counsel may be required. This service is specifically excluded from this proposal. It is our understanding that the Client will retain the Office of the Collier Count Attorney as legal counsel for advice and participation as a professional team member. The Client may be required to provide other information, plans, calculations and data as identified in Section 2.0, SCOPE OF SERVICES, or as may be requested by WilsonMiller during the course of the Project. Client is expected to furnish WilsonMiller with full information, including any special or extraordinary considerations for the Project or special services needed. Client is also expected to make available any pertinent documentation regarding deeds, easements, right-of-way, etc. 4. EXCLUDED SERVICES 7/30/2001, 97454 Vet 01!- BBLACK Zg999-D99 999- - C0000 SEP 11 2001 Pg. ~ Wils nMiller New Directions In Planning, Design & Engineering 4.1. Environmental consulting services not specifically identified under Item 2, Scope of Services, and subsequently deemed necessary for the Project may be performed as additional services to be billed on a supplemental hourly basis plus reimbursable expenses in accordance with the standard business terms and rate schedule attached. o o FEE SCHEDULE. The fees for SCOPE OF SERVICES will be as follows: Item 2.1 T/M/E $ 23,991.00 Item 2.2 T/M/E $ 78,010.00 Item 2.3 T/M/E $, 2,500.00 ACCEPTANCE AND AUTHORIZATION TO PROCEED 6.1. Pre-Payment- N/A_ 6.2. 6.3. zgggg.~g.g§g.. OODO0 Payment Schedule 6.2.1. Client agrees to carefully read all billing invoices/statements and promptly notify WilsonMiller, in writing, of any claimed errors or discrepancies, within fifteen (15) days from the date of the invoice/statement. If WilsonMiller does not hear from Client in writing, it is presumed that Client agrees with correctness, accuracy, and fairness of the billing invoice/statement. Should the scope of the work be increased, Client agrees to an increase in the fee based on the increased responsibility assumed, time to be expended, and liability to be incurred. 6.2.2. Time/MateriaVExpenses (T/M/E) fees shall be billed monthly based on time, materials and expenses incurred to the billing date, plus reimbursable expenses. A T/M/E estimate, if provided, is for information purposes only and does no__[t include services that require overtime at 1.5 times the hourly rate. Schedule changes or other matters, out of the control of WilsonMiller, that require services to be performed beyond the normal eight-hour/five-day work week will be billed at 1.5 times the current rate. The actual fee may be more or less, and based on the Rate Code Schedule in effect at the time services are rendered. This ProposaVAgreement is open for acceptance by Client through September 21,2001, after which it will be withdrawn by WilsonMiller and may be subject to re-negotiation. SE? 2001 WJi nMiller New Directions In Plann/ng, Design & Engineem~g 6.4. 6.5. If this Proposal/Agreement satisfactorily sets forth Client's entire understanding of the agreement, please sign the enclosed copy of this agreement in the space provided and return it to WilsonMilJer as authorization to proceed with the work. I HEREBY CERTIFY that Collier County is the Owner of record of, or has sufficient legal interest in, the property which is the subject of this proposal and hereby authorize the performance of the services as described herein and agree to pay the charges resulting thereby as identified above in accordance with the attached Standard Business Terms and Conditions of WilsonMiller, ~nc. I also acknowledge that I have read, understand, and agree to the Standard Business Terms and Conditions attached hereto and made a part of this Agreement. I warrant and represent that J am authorized to enter into this Agreement on behalf of Coil/er County. Accepted this -------__ day of Flobe~-Wiley, PE Senior Project Manager Collier County Public Works Engineering Department Collier County Government 3301 East Tamiami Trail, Building D Naples, FL 34112 _, 2001. Enclosures: Standard Business Terms and Conditions Rate Code Schedule WilsO. nMiiler New Dire~ons In Planning, Design & Engineering 2001 21 ?i,1 3:08 August 20, 2001 Mr. Robert Wiley, P.E. Senior Project Manager Stormwater Management Department Transportation Division Horseshoe Square, Suite #212 2685 South Horseshoe Drive Naples, FL 34104 SUBJECT: Clarification of WMBI-FT-00-15-A01 Amendment to District VI Stormwater Management Contract Dear Mr. Wiley: As requested, the following information is offered to clarify the scope and fees presented in our July 30, 2001, Professional Services Proposal for Contract amendment WMBI-FT-00-15-A01. Scope item 2.1, Pre-Submittal, covers the work efforts leading up to the submittal of a response to the South Florida Water Management Districts (SFWMD) Request for Additional information (RAI) dated April 30, 1999. Scope Item 2.2, Permit Application Support, is htended to cover work efforts which may be required to respond to subsequent SFWMD RAI's and/or any U.S. Army Corps of Engineers (Corps) requests. Since subsequent RAIs may contain a wide range of issues, which cannot be foreseen with any degree of certainty, the work efforts and associated fees under Scope Item 2.2 are estimations at this point and, may require refinement, depending upon on the actual, future RAI issues raised by the agencies. Under Scope Item 2,1, the anticipated work products, for nor~Sabal Bay areas of the project, which will be to be forwarded to Agnoii, Barber and Brundage, inc. (ABB) for incorporation into their formal PAl submittal package, include the following: hard copies and digital file copies of project wide wetland boundaries; hard copies alhd digital file copies of FLUCCS mapping in areas of direct and adjacent wetland impacts; aerial photograph detail windows of direct wetland impact areas, identification of and narratives describing the wetlands directly impacted, and wetland and FLUCCS mappin9 of potential mitigation areas within project boundaries. The above work products will be generated and provided to the project team and client prior to August 27, 2001. Other work products to be generated under Scope Item 2.1 inclucbs mapping of areas of secondary (drawdown) impact and analysis of probable mitigation area requirements for combined direct and secondary impacts to wetlands. The timin9 of completion for this second set of work products is dependent on ABB performing hydrologic modeling and drawdown analysis. WilsonMiller will require one week (5 working days) to complete the Scope item 2.1 efforts after the required ABB information is provided. 8120/2001' 98193 ver: 01!- BBLACK Naples Fort Myers 3200 Bailey Lane, Suite 200 Sarasota Bradenton Tampa Naples, Florida 34105-8507 941-649-4040 '~ 941-643-5716 www. wflsonmiller, corn Wil$onMille,5/nc -- FL L~c.~ t C-CO001 70 Wil #t liller New D/recfions In Planning, Des/~Tn & £ngmeer/ng Amendment to District VI Stormwater Management Contract - WMBI-FT-00.15.A01 2 We trust the above information is sufficient for your purposes. Please call me should you have any questions or comments. Sincerely, Wilson Mille~c. /,,] .,/,,// TfllSothy' p. Durham, P.E. Senior Vice President Director of Environmental Services Enclosures cc: Gary Colecchio, WilsonMiller, w/encl. SEP 11 2001 Date Submitted: 08/16/01 (4) Approval of Minutes (5) Presentations & Awards (6) Approval of Clerk's Report (7) Public Petitions (SA) Community Development (SB) Transportation Services (8C) Public Utilities (8D) Public SI Prepared by: Bob Reviewed by: Division Head: Item Title: List of Documents I. Executive 3. Bid Tabulation: T,?~TM ,W. O]liffto sign in BCC absence (8F) Eraergeney Services (SG) County Manager (8H) .~'port Authority (9) County Attorney (I0) (l lA) Other Constitutional Officers (1 IB) Public Comment (12) Advertised Public Hearings (13A) Board Zoning Appeals Adv PH (13B) (14) ications (15) BCC Communications (16) Consent Agenda (17) Summary Agenda Reviewed by: ~ Date: Date: Reviewed by:,~ F~/d~ _ 0 Operati / ~ L~I~ASLA, Landscape O tions : ....... Date: Manager: Z~_ ~1 Date: ' l norms W. ~ County l~,lanager 01-3261, "TROPICANA BOULEVARD STREETSCAPE IMPROVEMENTS". 2. Budget Amendment Fund(s) 136-162590-763100-66070 136-919010-994500 EXECUTIVE SUMMARY,. AWARD BID #01-3261, "TROPICANA BOULEVARD STREETSCAPE IMPROVEMENTS" OBJECTIVE: To obtain Board approval for the award of Bid #01-3261, Tropicana Boulevard Streetscape Improvements, to Hannula Landscaping, Inc. CONSIDERATIONS_: t. On July 3. 2001, the Purchasing Department sent notices to 113 vendors for Tropicana Boulevard Streetscape improvements. 2.. On July 17, 2001, a non-mandatory pre-bid meeting was held. 3. On July 26, 2001, three (3) bids were opened. Staff reviewed the unit pricing. 4. Staff recommends award of this bid to Hannula Landscaping, Inc. as the lowest, qualified and responsive bidder. The bid tabulation is attached. FISCAL IMPACT: Funds in the amount of $106,587 are available in the Golden Gate MSTU Fund '136. A Budget Amendment is needed to transfer $293,551 from the Golden Gate MSTU Fund 136 Reserves and appropriate in the project. Total contract is $377,630 plus an allowance for contingencies. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #01-3261 to Hannula Landscaping, Inc. for the Tropicana Boulevard"'Streetscape Improvements, approve the necessary Budget Amendment, and authorize the Chairman to execute the standard contract after review by the County Attorney's B~Petersen, Engineer II, Landsoape~Opurations ~/" ~'.:..--"-') ~[: < .z .-'"'DATE' ':'/'-~"' '~""~ /' y: , 2' ... ' - / REVIEWED B //~meq.a.~.Luli~apeOperat,onsMa~.na,~,er ,.,., ,' · '. Z.'7/,r-7'~"..~.~;Y..~J/./ DATE: "" "" REVIEWED =Y: : ":'"'*" ........ '~' :-~"~-"~'-~ ~" , -, '-' .... ~' Edward J. Ka~..~", Transportabon Operations u~rector REVIEWED -~Step~e~ Y:'~arrYell, Purchasing Director REVIEWED -N~r~'rr~'E~ Fede~, AICP Transportat,on Adm,n,stra c~' t.JJ AGENDA ~ITTAL 8UP I Date Submitted- 08/23/01 ir-'] (5) Presentations t " [] (8) Advertised Public Hearings [] (11) Airport Authority [](14) Staff and Commission General Communications [] (17) Summary4~-~Cnda_ · Requested by: Division Head: Daniel R. Rodriguez Jo -Anne Varcoe Learner [] (6) Public Petitions & Comments on General Topics [] (9) [] (12) [](15) Board of County Commissioners County Attorney's Report Future Agendas In the Boards Absence / [;genda Item [] (7) Board of Zoning Appeals [] (10) County Manager's Report D (13) Other Constitutional Officers [] (16) Consent Agenda Date: ~-.,~.~3'" Reviewed Date: ~/2~/~ ~ County Manager: Date: Date: Item Title: APPROVE A BUDGET AMENDMENT TO APPROPRIATE THE MAINTENANCE SERVICE REVENUES FOR REINBURSEMENT OF OPERATING EXPENSES. Fiscal Impact: Revenues of 71,200 are being appropriated from reimbursement of Building Maintenance and JanItorial services to Building Maintenance and Janitorial Operational Expenses. Revenues are budgeted in the appropriate user departments. List of Documents Attached: 1. Executive Summary (required) 2. Budget Amendment 3. 4. 5. EXECUTIVE SUMMARY APPROVE A BUDGET MAINTENANCE SERVICE OPERATING EXPENSES. AMENDMENT TO REVENUES FOR APPROPRIATE THE REIMBURSEMENT OF ~ To have the Board approve the attached budget amendment appropriating those revenues received for reimbursement of operating expenses incurred for building maintenance and janitorial items known as special services. ~CONSIDERATION~: The Department of Facilities Management is called upon to provide services that are not exclusively for repair and maintenance. This work is titled special service and expenses are passed through to the user departments. Revenues are m various "consumer" departments as payment for materials used and received fro .... ~ ...... ~-~ exceed those anticipated at the time services performed. When actual request tut ~t ..... of budget preparation, additional budget authorization is needed to recognize revenue for payment of incurred expenses. These funds are already budgeted in the user departments and are merely being transferred to the Building Maintenance and Janitorial cost centers. FISCAL IMPACT: Revenues of $71,200 are being appropriated from reimbursement f-or Building Maintenance and Janitorial Services to Building Maintenance and Janitorial Operational Expenses. Revenues are budgeted in the appropriate user departments. GROWTH MANAGEMENT IMPACT.: There is no impact on the Growth Management Plan. RECOMMENDATION.: That the Board of County Commissioners ~ecessary budget amendments as addressed within/this summary. ~~ Date: _~ ~'~-F"'~'~ SUBMITTED BY: . . . . Department of FaciZl~i~esC~vlanageme REVIEWED BY: Skip Camp, CFM, Director Facilities Management Department approve the APPROVED BY: Jo-Anne Varcoe-Leamer, CPA, Administrator Support Services Division AGENDA TRANSMrrTAL 8LIP I Date Submitted · 8/31/01 i Agenda Item Requested Agenda Date: IN THE BOARDS ABSENCE Communications ~a -------- Requested by: Date: 8/31/01 P. Lehnhard Reviewed by:_ /44, 74 ,/--.~/~/~,., M. Smykows~j~ -- Division Head: Date: Coun~ Manage~ ~~ ~/~ Date: I~m Title: Approval of Budget ~endment Re~ - Budget ~endment ~0~ ~92; ~1~93. List of Documen~ A~ched: Date:8/31/01 1. Executive Summary (required) 3. 2. 5. 4. APPROVAL OF BUDGET AMENDMENTS In Board's Absence (BCC Agenda of 9/11/00) County Water Capital (Fund 412) Budget Amendment #01-492 $9,500 Reserve_ __ s (9,500) Reserve for Capital Outlay Total: Explanation: Funds are needed for a relocation/revision of aerial crossings for water and force-mains at SFWMD canal at entrance to Crystal Lakes. Operating Expenses County Wastewater Capital (Fund 414) Budget Amendment #01-493 $9,500 Reserves.. (9,500) Reserve for Capital Outlay -0~ Total: Explanation: Funds are needed for a relocation/revision of aerial crossings for water and force-mains at SFWMD canal at entrance to Crystal Lakes. INDEMNIFY, DEFENSE AND HOLD HARMLESS AGREEMENT WHEREAS, the effective date of this Agreement is th~ day of August, 2001; and WHEREAS, on the 25th day of August, 2001, the Collier County Parks and Recreation Department plans to conduct a recreational event over the Livingston Road right-of-way between Golden Gate Parkway and Radio Road; and WHEREAS, Said portion of the Livingston Road right-of-way has not been conveyed to Collier County, therefore, the County cannot yet be responsible for physical injuries to individuals who are physically present thereon; and WHEREAS, Better Roads Inc., is potentially responsible regarding claims for damages that might be made by individuals associated with the subject recreational event who are authorized to occupy the right-of-way during this event, including participants and spectators; and WHEREAS, Better Roads Inc. does not desire to allow any such individuals to be physically present on any part of such road right-of-way unless Collier County agrees to assume any and all liabilities for claims for damages that would be the responsibility of Better Roads Inc. but for this Agreement; and WHEREAS, Collier County desires that any such individuals be allowed to be physically present on the subject road right-of-way; and WHEREAS, Collier County hereby agrees to hold Better Roads Inc. and its officers, employees, engineers and agents harmless from any and all such claims, and agrees to indemnify and defend said persons and entities. The Parties hereto agree as follows: 1. The above WHEREAS clauses are a part of this Agreement. 2. In consideration of Better Roads Inc., allowing individuals to be physically present on the subject road right-of-way during the subject recreational event, Collier County hereby agrees to indemnify, defend and ^ ~ , hold harmless Better Roads Inc. and its officers, employees, engineers and agents from claims, if any, for damages for personal injury (and/or death) that may be made by individuals who are physically present on the subject road right-of-way during the subject recreational event and for which claims Better Roads Inc. and its officers, employees, engineers and agents might be legally responsible. 3. This recreational event, called The 5K Fun Run, will commence at 7:00 A.M. and end at 10:00 A.M. on the 25th day of August, 2001. BETTER ROADS INC. Printed Nam~e~of W+t~ess Wen,ess Printed Name of Witness ,, '~u,~,li,tj.,I BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ;DWIGHT. E~ BRC~..K, Clerk and legal sufficient: Thomas C. Palmer, Assistant CounW ARorney Thomas W. Olliff, ~~ Manager Page 2 EXECUTIVE SUMMARY APPROVING MINOR AMENDMENT TO TEXT OF DEED OF CONSERVATION EASEMENT RELATED TO THE IMMOKALEE REGIONAL AIRPORT OBJECTIVE: To authorize a text amendment to a Deed of Conservation Easement over certain lands at the Immokalee Airport. CONSIDERATION: The Authority is obtaining a Gopher Tortoise Incidental Take Permit for the entire Immokalee Airport, which permit will authorize construction of facilities without further need to seek further approvals from the Florida Fish and Wildlife Conservation Commission related to Gopher Tortoise issues. In exchange for the permit the Authority is deeding a Conservation Easement over lands at the Immokalee Airport, which lands are designated in the Immokalee Airport Master Plan as "conservation land." The original Deed of Easement ,,vas approved by the Board of County Commissioners at its January 25, 2000 regular meeting. After approval by the BCC, the Fish and Wildlife Conservation Commission is requesting that the following phrase be inserted into the Deed at the 1st page, Section 1: "incorporated herein by reference". This is a minor amendment than has no negative consequences from the County's perspective. Approval of this Executive Summary will constitute app.roval of the requested change to the Deed. GROWTH IMPACT: None FISCAL IMPACT: None RECOMMENDATION: That the Board of County Commissioners authorize its Chairman to approve the insertion of the subject phrase into the Deed of Conservation Easement from Collier County to the..,Florida Fis_h and Wildlife Conservation Commission. j~~/~J /~ t / / ec~uti~' PREPARED BY: Y Drury, Airport Autho ' .h~ect°r oilier County Tom Palmer, Assistant County Attorney REVIEWED BY: }I :9.99DcedO fConservationEasement ~GENDA ITEM /(,/j . SEP 11 Pg. / COLLIER COUNTY AIR?aRT AUTHORI RECORDED in the OFFICIAL RBCORD$ of COLLIER COUNTY, FL DOC-.70 2003 ~AINSAIL DR I1/23/1999 at 09:IgAM DWIGHT E. BROCK, CLERK COPIES MAPLES FL 34114 MI$C 55.50 .70 1~.00 1.O0 DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is hereby granted by the Collier County Airport Authority and the County of Collier, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail, Administration Building, Naples, Florida, 34112, ("Grantor") to the Fish and Wildlife Conservation Commission, an Agency of the State of Florida, whose address is 620 South Meridian Street, Tallahassee, Fi,~ric~. 32399-1600, ("Grantee"). WITNESSETIt: WXtEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, hereinafter referred to as the "Property," more specifically described in Exhibit "A" attached hereto and made a part hereof; and WHEREAS, Grantor desires to protect and conserve certain uplands preserve areas; and :" WHEREAS, Grantor in consideration of the consents of the Grantee to that certain Gopher Tortoise Incidental Take Permit issued to Grantor on the '3 ~.,1 day of lqove, m~er , 1999, by Grantee, hereinafter referred to as the "Permit," whereby Grantor is required to grant and secure the enforcement of a perpetual conservation easement as defined in Section 704.06. Florida Statutes (1991), over the Easement Area. NOW THEREFORE, consistent with the issuance of the Permit, Grantor hereby grants, creates, and establishes a perpetual conservation easement upon the Easement Area, which is depicted by the "cross-hatched" areas (generally west of runway 18-36 ) as shown on Exhibit "B." The Easement Area does not include 50 ft. wide existing roads and their associated rights-of-way and that proposed road to the hangar located within the Easement Area all identified on Exhibit "B". The easement shall run with the land within the Easement Area and shall be binding upon Grantor, its heirs, successors and assigns, and shall remain in full force and effect forever unless released by Grantee, its successors or assigns, as the case may then be. 1. The scope, nature, and character of this easement is to ensure, to the greatest extent now and/or hereafter allowed 'by law, that uplands preserve areas, including buffer zones, (Easement Area) shall be used only as conservation areas pursuant to Section 704.06. Florida Statutes, consistent with the Permit and the Management mar~ l o carry out mese purposes, the following rights are conveyed to Grantee by this easement: (a) Authorized representatives of Grantee may enter upon the Property at reasonable times to enforce any and all rights herein granted upon prior notice to Grantor (or Grantor's successors or assigns as the case may then be) in a manner that will /~GENDA ITEM ,. .. Deed of Conservation Easement Page 2 OR: 2614 PG: 0667 not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor (its successors or assig~ns as the case may be) at the time of each such entry; and, (b) Authorized representatives of (1) Grantee and/or (2) any other then authorized government entity may enjoin any activity on, or use of, the Pr,)pe~: d~.x is inconsistent with the purpose of this easement, and may enforce restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Collier Coun~ reserves to itself, its successors and/or assigns all rights as a non-charter County and as owner of the Airport, including rights to engage in all uses of the Airport that are not expressly prohibited herein and which are not inconsistent with the purposes of this easement as set forth in Section 704.06, Florida Statutes, asnow exists or may hereafter be amended. Within the Easement Area, the following are prohibited uses/activities except as otherwise authorized elsewhere in this document, or as then required by applicable law(s), including Chapter 333, Florida Statutes, or the then current FAA FAR Part 77 Standards. (or successor) in function of any of same: (a) Construction or placing of buildings, roads, signs, billboards and other advertising, utilities, and/or other structures on or above the ground. (b) Dumping or otherwise placing of trash, waste, or unsightly or offensive materials. (c) Removal or alteration of trees, shrubs, or other vegetation unless allowed or mandated by the then current Management Plan and/or officials of Grantee. (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface except as necessary for maintenance of drainage ditches. (e) Surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. conservation, preservation. (f) Activities detrimental to drainage, flood control, water erosion control, soil conservation, and/or fish and/or wildlife habitat (g) Acts and/or uses that are detrimental to such retention of land. (h) Alteration of the Easement Area except to the extent authorized by the Permit, by then applicable law(s) and/or the then current Management Plan. /~GENDA ITEM SEP 'ii 2.001 },g._ _,3 ._ Deed of Conservation Easement Page 3 OR: 2614 PG: 0668 (i) Use of any pesticides within the Property without the prior written consent of the Grantee, which consent(s) will not be unreasonably withheld. 3. No fight of access by any members of the general public to any portion of the Easement Area is conveyed by this easement. 4. Grantor agrees to bear all reasonable costs related to the normal operation, upkeep and maintenance of the Easement Area. 5. Grantor agrees that taxes and/or assessments levied on the Airport by competent authority will be paid. 6. Enforcement of this easement shall be at the discretion of Grantee. Any forbearance on behalf of Grantee to exercise any of its fights hereunder in the event :6f any breach hereof by Grantor (or its successors, personal representatives or assigns, as the case may be) shall not be deemed or construed to be any waiver of Grantee's fights hereunder in the event of any subsequent breach hereof. 7. Grantee will hold this easement exclusively for conservation purposes and will not assign this easement or any of its fights and/or obligations hereunder except to another organization then (a) qualified by law to hold such interests and/or perform those obligations under any then applicable law(s), and (b) then and thereafter committed to holding this easement exclusively for conservation purposes. If Grantor sells or otherwise conveys title to any part of the Airport or Easement Area to any person or entity, Grantor shall deliver written notice of such transfer to Grantee not later than tlfirty (30) days after recordation of the respective transfer in the public records of Collier County. 8. If any provision of this easement, or the application thereof to any person or circumstance, is found to be invalid, all other provisions of this easement, and the applications of any such provision(s) to persons or circumstances other than those as to which it is found to be invalid, shall not be affected thereby to the greatest extent then allowed by law. 9'. All notices, consents, approvals or other communications pursuant hereto shall be in writing and shall be deemed properly received by the recipient if actually received via United States mail, certified, return receipt requested, addressed to the appropriate party (or successor-in-interest), at the addresses above set forth or suc.h new address as either party may in writing deliver to the other party. 10. This easement may be amended, altered, released or revoked only by written agreement between the parties hereto, or their successors or assigns. /~GENDA ITEM SEP Ii Deed of Conservation Easement Page 4 OR: 2614 PG: 11. Grantor certifies to Grantee that the Airport is not subject to any mortgage or any other form of security that is superior to this easement or which needs to be subordinated. 12. This easement shall be recorded by Grantor in the public records of Collier County after receipt of acknowledgment of acceptance hereof by the Grantee. 13. Grantor agree_s that if the property is subject to a mortgage or any form of security interest, Grantor shall provide documentation to verify that mortgage or security interest is subordinate to this Conservation Easement and such verification shall be provided and recorded either before or concurrent with execution of this Easement. TO HAVE AND TO HOLD-unto Grantees, their respective successors and assigns forever. The covenants, terms, conditions, restrictions and purposes imposed with this easement shall not only be binding upon Grantor but also upon its agents, authorized representatives, assigns, and all other successors in interest to it, and shall continue as a servitude running in perpetuity xvith the Airport unless and until released by Grantee or its successor or assigns, and then only to the extent of any such release(s). IN WITNESS WHEREOF, Grantor has executed this easement on the day of.. _/~.~" ,1999. <'-..,/ s i_~n ~'cui;e only. · ~pp;~;}~d' ~s to form and legal sufficiency: By Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COM.MJS. SION B .~COUN~?~ ORT AUTHORITY Michael Williams, Chairman ,~GENDA ITEM SEP 11 2001 P~._ _. ~ Deed of Conservation Easement Page 5 OR: 2614 PG: 0670 GRANTEE'S ACCEPTANCE WITNESSES: The Fish and Wildlife Conservation Commission hereby approves and accepts the. foregoing Conservation Easement and agrees to all of its terms and provisions this Day of ~'~[~ ,1999. FLORIDA FISH AND WILDLIFE CONSERVATION COMIVlISSION ~e V,~ro~ ff. t-teller. H:8.30.99Deed of Conservation EasementDmryFinalReview ~GENDA ITEM SEP Pg. g 1200 ed Nov11 16:45 1998 ale 1:125,000 (at center) 2 Miles ~ 2 KM { ,~GENDA ITEM 51~:P ~, ZO0~ OR: 2614 PG: 0671 11-12-98 SCAr,E: PROJECT NO: 94067.8 IMMOKAT,EE REGIONAL AIRPORT LOCATION MAP EXHIBIT A FLORIDA~ ENVIRONMENTAL INCORPORATED Port Charloff*, FL ~3954 ~., (9,,,,) Fox (941) 629-7210 Exhibit B (Sheet 1 of 4) 811 0672 321 261 811 811 -"~-~11 m - A~ORT ACCT. S$ ROAD~ &RE NOT ~NCLUDED ~N THE ~CC CONs~A~ON ~ TE: 7/12/99 LEGEI'FD (20.66 ~) ~91 - O~ ~ (=e ~) ~ (~'~ ~) 2~1 - F~ F~ ~ (~ ~) ~ - ~ ~ (~.~ ~11 - P~ ~. D~ 7~ - ~0~ (~ (a=~ ~) ~16 - ~ (~ ~) (aLas a~) 61~ - ao~s (~1.a~ A~) (~.a~ ~) ~ - o~ T~ (o~ ~) (~'~ '~) ] NO._ SCAT.E: 1" = 1400' PROJECT NO: 94067.10 IMMOKALEE REGIONAL AIRPORT UPLAND MANAGEMENT AREA EXHIBIT B FLORIDA ~ ENV1RONME INCORPORATED 18505 Poul$on DHve, Bldg. B Pod Chorloffe, FL 33954 624- 291 Fax (94.1) 629-7210 Exhibit B (Sheet 2 of 4) 0R: 26]4 PG~ 0673 1 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EASTTAMIAMI TRAIl. NAI'I.ES, FI.ORIDA 34112 (941 ) 774-$192 SKETCH OF DESCRIPTION NOTA SURVEY ~z",;~v~~ .1 ,,.,,,,.~ ,,,-,,~ ~ / ~ .~' ~ ~ ~ ~ COUN~ ROAD 84G ~ ~,~.~ GENERAL NOTES I AGEND ITEM 2) P.O.B. = POINT OF BEGINNING 3) SEC. = SECTION 5) RGE. = ~NGE 5) ~ = RIGHT OF WAY~ ,[~O~ 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 8) NOT VALID UNLESS SIGNED AND SEALED WITH THE EMBOSSED SEAL OF A PROFESSIONAL ~ND SURVEYOR TO SCALE OCTOBER 25, 1999 IAFSJE SHEET ~ OF (Shee~ 3 DE ~) PUBLIC WORKS ENGINEERING DEPART1MENT 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 (9411 774-8192 Easement Parcel "A" LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO.. PARCEL NO... FOLIO NO... COMMENCING AT THE NORTHWEST CORNER OF SECTION 2, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH I DEGREE 30 MINUTES 24 SECONDS WEST, A DISTANCE OF 2680.88 FEET; THENCE NORTH 87 DEGKE~iS 42 MINUI'ES 39 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF COLrNTY ROAD 846, A DISTANCE OF 2580.11 FEET; THENCE NORTH 87 DEGREES 43 MINUTES 00 SECONDS WEST, A DISTANCE OF 397.63 FEET; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE NORTH 19 DEGREES 15 MINUTES 15 SECONDS EAST, A DISTANCE OF 669.65 FEET; THENCE NORTH I DEGREE 25 MINUTES 45 SECONDS EAST, A DISTANCE OF 1808.24 FEET; THENCE NORTH 21 DEGREES 20 MINUTES 05 SECONDS WEST, A DISTANCE OF 45.29 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG SAID LINE, A DISTANCE OF 213.26 FEET; THENCE NORTH 24 DEGREES 38 MINUTES 25 SECONDS WEST, A DISTANCE OF 856.39 FEET; THENCE NORTH 18 DEGREES 23 MINUTES 08 SECONDS EAST ALONG TH E EAST RIGHT OF WAY LINE OF THE SEABOARD COASTLINE RAILROAD, A DISTANCE OF 208.02 FEET; THENCE NORTH 18 DEGREES 46 MrNIJTES 49 SECONDS EAST, A DISTANCE OF 2728.00 FEET; THENCE LEAVING SAFD EAST RIGHT OF WAY LD4E NORTH 84 DEGREES 30 MINTITES 00 SECONDS EAST, A DISTANCE OF 840.00 FEET; THENCE SOUTH 1 DEGREE 30 MINTFI'ES I0 SECONDS WEST, A DISTANCE OF 3250.00 FEET; THENCE NORTH 88 DEGREES 29 MINUTES 50 SECONDS WEST, A DISTANCE OF 450.00 FEET; THENCE SOUTH I DEGREE 30 MINUTES 10 SECONDS WEST, A DISTANCE OF 360.00 FEET; THENCE SOUTH 88 DEGREES 29 MINUTES 50 SECONDS EAST, A DISTANCE OF 450.00 FEET; THENCE SOUTH I DEGREE 30 MINI/rEs 10 SECONDS WEST, A DISTANCE OF 700.00 FEET; THENCE SOUTH 45 DEGREES 00 MD, R/I'ES 00 SECONrDS EAST, A DISTANCE OF 150.00 FEET; THENCE SOUTH 45 DEGREES 00 MD/I.ri'ES 00 SECONDS WEST, A DISTANCE OF 150.00 FEET; THENCE SOUTH 43 DEGREES 30 MINIJTES 06 SECONDS WEST, A DISTANCE OF 1613.95 FEET; THENCE NORTH I DEGREE 25 MINUTES 45 SECONDS EAST, A DISTANCE OF 1480.00 FEET; THENCE SOUTH 88 DEGREES 34 MINUTES 15 SECONDS EAST, A DISTANCE OF 670.00 FEET; THENCE NORTH I DEGREE 25 MD/UTES 45 SECONDS EAST, A DISTANCE OF 370.00 FEET; THENCE NORTH 88 DEGREES 34 MINUTES 15 SECONDS WEST, A DIS'rANCE OF 837.52 FEET TO TI IE POINT OF II[:.GINNINt,;; SAIl) DI'~SCI~,IIII:.I) TRA(71' CONTAINING 137.084 ACRES (5,971,4011 SQUARE FEET). MORE OR I. ESS. IAFBJEA PROFESSIONAL LAND SURVEYOR-FL. REG. i 06 PUBLIC WORKS ENGINEERING DEPARTMEN 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET 3 Exhibit B (Sheet 4 of 4) OR: 2614 PG: 0675 PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TR2\IL NAPLES. FLORIDA 34112 (941) 774-8192 LEGAL DESCRIPTION (NOT A SURVEY) PROJECT NO.. PARCEL NO... FOLIO NO... Easement Parcel "B" COMMENCING AT THE NORTHWEST CORNER OF SECTION 2, TOWMSHIP 47 SOUTH, RANGE 29 EAST. COLLIER COUNTY, FLORIDA; THENCE SOUTH 1 DEGREE 30 MINUTES 24 SECONDS WEST, A DISTANCE OF 2680.88 FEET; THENCE NORTH 87 DEGREES 42 MINUTES 39 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF COU'N%~ ROAD 846, A DISTANCE OF 2580.11 FEET; THENCE NORTH 87 DEGREES 43 MINI. JT~S 00 SECONrDS WEST, A DISTANCE OF 397.63 FEET; THENCE LEAVING SAID NORTH RIGHT OF WAY LINE NORTH 19 DEGREES 15 MrN'UTES 15 SECONDS EAST, A DISTANCE OF 669.65 FEET; THENCE NORTH I DEGREE 25 MINUTES 45 SECONDS EAST, A DISTANCE OF 1808.24 FEET; THENCE NORTH 21 DEGREES 20 MINUTES 05 SECONDS WEST, A DISTANCE OF 258.55 FEET; THENCE NORTH 24 DEGREES 38 MIN'LFTES 25 SECONDS WEST, A DISTANCE OF 856.39 FEET; THENCE NORTH 1 $ DEGREES 23 MINTITES 08 SECOb~DS EAST,ALONG 'DIE EAST RIGHT OF WAY LINE OF THE SEABOARD COAST LINE R.~.ILROAD A DISTANCE OF 208.02 FEET; 'DIENCE NORTH 18 DEGREES 46 MINUTES ,19 SECONDS EAST, A DISTANCE OF 4158.00 FEET TO THE POINT OF BEGINNING; THENCE CONTrN'UTNG NORTH ALONG SAID LINE, A DISTANCE OF I,170.00 FEET; THENCE LEAVING SAID EAST RIGHT OF WAY LINE SOUTH 71 DEGREES 13 MINUTES I 1 SECONDS EAST, A DISTANCE OF 210.00 FEET; THENCE SOI.fTH 6 DEGREES 06 MTN'UTES 55 SECONDS EAST, A DISTANCE OF 1470.00 FEET; THENCE NORTH 80 DEGREES 34 MINUTES 43 SECONDS WEST, A DISTANCE OF 840.00 FEET TO THE POINT OF BEGrN'NI'NG; SAID DESCRIBED TRACT CONTAINING 17.199 ACRES (749,189 SQUARE FEET), MORE OR LESS. IAFSJ'EB PROFESSIONAL LAND SURVEYOR-FL REG. # 2.406 PUBLIC WORKS ENGINEERING DEPARTMENT. ~ COLLIER COUNTY GOVERNMENT COMPLEX 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 SHEET"t OR '"1' ,AGENDA ITE~, SE? i i ~llllt _// .. EXECUTIVE SUMMARY APPROVAL OF A SUPPLEMENTAL GRANT FOR IMPROVEMENTS TO THE T- HANGAR PROJECT AT THE MARCO ISLAND EXECUTIVE AIRPORT OBJECTIVE: To approve a $10,600 Florida Department of Transportation (FDOT) Grant and required 50% matching funds to make improvements to the T-hangar project at the Marco Island Executive Airport. CONSIDERATION: Previously the Board of County Commissioners approved the construction of a T-hangar at the Marco Island Executive Airport. Additional improvements have been identified that xvere not included in the original project budget. A video camera security system will be installed to enhance airport safety and to protect the aircraft hangar, as well as aircraft parked on the ramp, t¥om burglaries and vandalism. This improvement is estimated to cost $12,000. The South Florida Water Management District has revised the design for water retention. The estimated cost to make the water retention improvements is $5,000. The T-hangar end storage units will be improved to improve their marketability by installing racks, sheMng, additional lighting and other electrical improvements at an estimated cost of $4,200. The total cost for all these improvements is estimated to be $21.200. Approval of this request will require a budget amendment to recognize the additional grant revenue of $10,600 and to appropriate $10,600 from Airport Authority Capital Fund (Fund 496) reserves. GROWTH IMPACT: There is no groxx~h management impact. FISCAL IMPACT: Approval of this request will increase the Airport Authority Capital Fund (Fund 496) by $10,600, decrease Fund 496 reserves by S10.600 and increase the T-hangar project budget by $21,200. No additional transfer fi'om the County General Fund is required. RECOMMENDATION: That the Board of County Commissioners: I. Accept the S 10,600 Florida Department of Transportation Supplemental Grant: 2. Approve the appropriation of $10,600 from Fund 496 reserves to provide the required 50% local match; 3. Approve all necessary budget amendments. .... ,. L . .' )' / ..... -;"[' ' 1'~- ' '' "/ ' ' ' Gary A. Vincent, Finance Manager' REVIEWED BY: AGENDA ITEM No.._.. SEP ! 2 J0'l EXECUTIVE SUMMARY APPROVAL OF A SUPPLEMENTAL GRANT TO COMPLETE THE T-HANGAR PROJECT AT THE MARCO ISLAND EXECUTIVE AIRPORT OBJECTIVE: To approve a $6,500 Florida Department of Transportation (FDOT) Grant and required 50% matching funds to complete the T-hangar project at the Marco Island Executive Airport. CONSIDERATION: Previously the Board of County Commissioners approved the construction of a T-hangar at the Marco Island Executive Airport. A shortfall in funding has resulted in the inability to complete the project. In order to complete the project, the Authority has obtained a $6,500 FDOT Grant that requires a 50% match. The estimated cost to complete the T-hangar project is $13,000. This funding will enable the Authority to paint the interior drywall surfaces to protect them fi'om the elements, and install signs to enhance ground aviation safety. Approval of this request will require a budget amendment to recognize the additional grant revenue of $6.500 and to appropriate $6.500 from Airport Authority Capital Fund (Fund 496) reserves. GROWTH IMPACT: There is no growth management impact. FISCAL IMPACT: Approval of this request will increase the Airport Authority Capital Fund (Fund 496) by $6,500, decrease Fund 496 reserves bv $6.500 and increase the T-hangar project budget by $13.000. No additional transfer fi'om the County General Fund is required. RECOMMENDATION: That the Board o[' County Commissioners: PREPARED BY: REVIEWED BY: Accept the $6,500 Florida Department of Transportation Supplemental Grant; Approve the appropriation of $6,500 l¥om Fund 496 reserves to provide the required 50% local match; Approve all necessary budget amendments. Gary A. Vific~nt. Finance Managcrx-' ohn AGENDA ITEM SEP Pg.._ i EXECUTIVE SUMMARY RECOMMENDATION TO AUTHORIZE THE BOARD'S CHAIRMAN TO EXECUTE A RESOLUTION AND A "MEMORANDUM OF UNDERSTANDING" RELATED TO THE DELTONA SETTLEMENT AGREEMENT OF 1982 AND THE MARCO ISLAND EXECUTIVE AIRPORT OBJECTIVE: To authorize the Board's Chairman to execute the attached Memorandum of Understanding (MOU) and the attached associated Resolution. CONSIDERATION: In 1982, in conjunction with settling several disputes regarding the development of Marco Island, Collier County and eight (8) other organizations (called the "Signatories") executed an Agreement entitled the "Deltona Settlement Agreement" which, among many other restrictions to the future development of lands then owned by the Deltona Corporation, restricted the Marco Island Executive Airport's ability to freely develop the Airport, including a taxiway on the ~vest side of the runway and a needed aircraft apron, except to the extent such improvements are mandated by law, rule or regulation. Title to the land that is now the Marco Island Airport was owned by the Deltona Corporation at the time of execution of the Deltona Agreement in 1982. Although not mandated bv law, the Collier County Airport Authority and the Executive Director, in consultation with experts and with the Federal Aviation Administration. has determined that a parallel taxiway on the west side of the existing runway, and aircraft apron, are highly desirable to improve safety at the Marco Island Executive Airport. Beginning in 1999, the Authority began negotiating the attached Memorandum of Understanding, that has at long last finally been executed by all of the signatories to the Deltona Settlement Agreement except the Board of County Commissioners. The MOU and the attached Resolution remove obstacles to the following: A. Construction ora taxiway on the west side of the existing runway B. Construction of aircraft apron and hangar C. Clearing of obstructions to aircraft approaches In addition, the MOU specifies: 1. That the Board of County Commissioners shall by Resolution forever delimit the development of the Airport consistent with the Airport's 20-year master plan. 2. That the Authority shall develop a vegetation management program with the Audubon Society prior to removing vegetation obstructions in aircraft approaches, namely protected mangrove trees. 3. That the Authority shall urge The Florida Department of Environmental Protection to reduce the size of airport land to that which is minimally needed to be consistent with the 20-year airport master plan. 4. That the Authority shall forward all future mitigation packages to the Signatories to the Deltona Agreement for their comments. 5. That the Authority shall propose to the County that State-owned--Iands~ adjacent to the Airport be encumbered by a conservation easement. A _,t_NDA ITEM 6. That the MOU amends the Deltona Settlement Agreement. ?.lo. I _{,//-- L! SEP 11 2001 Pg. / The following agencies have executed the MOU: 1. The Board of Trustees of the Internal Improvement Trust Fund of the Florida 2. The Conservancy of Southwest Florida 3. The National Audubon Society and Florida Audubon Society 4. The Environmental Defense Fund 5. The ISAKK Walton League, Florida Division 6. The Florida Department of Environmental Protection 7. The South Florida Water Management District 8. The Florida Department of Community Affairs 9. The Deltona Corporation State of Subject to the Board executing the attached MOU and the attached associated Resolution, the Authority xvill pursue fully implementing the MOU GROWTH IMPACT: None. FISCAL IMPACT: None. RECOMMENDATION: That the Board of County Comr)~ssioners authorize Chairman Carter to execute the attached Resolution and&let~dun,~ of Understanding. REVIEWED nY: ~ O ~ ~,~6t~~ Tom Palmer, Assistant County Attorney MEMORANDUM OF UNDERSTANDING WHEREAS, the Collier County Airport Authority (the "Authority") is charged ;vith the management and operation of the Marco Island Executive Airport (the "Airport"); and WHEREAS, The Conservancy of Southwest Florida, The National and Florida Audubon Societies, Environmental Defense Fund, and The Florida Division of the Izaak Walton League are Environmental Intercenor Signatories (the "Signatories") to the Deltona Settlement Agreement of July 20, 1982; and WHEREAS, a meeting xvas held at the Airport on July 23, 1999, among the Authority and some of the Signatories. The purpose of that meeting was to try to resolve disputes regarding safe operation of the Airport and compliance with the Deltona Settlement Agreement; and WHEREAS, the participants of said meeting agreed to execute a Memorandum of Understanding (MOU) in furtherance of paragraph no. 14 of the Deltona Settlement Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The Authority, by Resolution to be presented to the Board of County Commissioners, shall urge that said Board forever delimit the Development Areas of the Airport. Said resolution identified as Exhibit A attached hereto and made a part hereof. 2. Prior to an>,' cutting, trimming, removing or other modification of vegetation outside the Development Areas, the Authority and The Florida and National Audubon Societies shall cooperatively' develop a mutually satisfactory Vegetation Management Pro?qram that is approved by the FAA and the FDOT. The Authority agrees to abide by said~approved Program in perpettiity. Said "Development Areas" identified in Exhibit B attached hereto and made a part hereof. 3. The Authority shall urge the Florida Department of Environmental Protection (FDEP) to amend the Interlocal Ingress/Egress Agreement as is proposed in Exhibit C. The Authority shall through negotiations use its best efforts to acquire acquiescence thereto from FDEP. The Authority shall not commence the projects listed in numbered paragraph seven (7) until said amended Agreement is executed by FDEP and the Collier County Airport Authority. 4. Promptly after implementation of numbered paragraphs one (1) through three (3), above, the Authority shall submit to the Signatories (for their written comments thereon) each mitigation package hereafter required from the Airport by any State or Federal regulatory agency. !- ,a, GEN,-)A ITEM ' 5. The Authority shall propose to the Board of County Commissioners that the properties located adjacent to the property remaining xvithin its ownership outside the "Development Areas" designated pursuant to Exhibit B shall be encumbered by a perpetual conservation easement enforceable by any and all Signatories. This conservation easement shall prohibit all development and management activities ~vithin said properties not expressly approved in writing by all of the Signatories. The Authority shall not commence or commit resources toward commencement or implementation of the projects listed in numbered paragraph seven (7), below, until the Airport Authority and County have executed said Conservation Easement. Said Conservation Easement to be prepared by The Conservancy of South~vest Florida and delivered to the Airport Authority for execution, said delivery date no later than 30 days from execution of the MOU. 6. The Authority shall not commence or commit resources toward commencement or implementation of the projects listed in numbered paragraph seven (7), below, unless and until this MOU has been full>, executed. 7. Upon the conclusion of numbered paragraphs one (1) through six (6), above, all of the Signatories that have signed this MOU thereby agree only' to the following projects as further identified in Exhibit B: mo Parallel taxiway on the west side of the existing runway; Apron hangar area; and FAR part 77 Vegetation Management Program. as described in numbered paragraph two (2). above. 8. This MOU hereby expressly amends the Dehona Settlement Agreement. Agreed to by each of the parties that have executed this Memorandum of Understanding, effective . 2000. Each signer is an authorized representative of the entity. COLLIER COUNTY AIRPORT AUTHORITY By: Chairman THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA AGENDA ITEM SEP 1i 2001 E~±nor V. 1(r±er, ]:nl:er±m ~es±dent THE NATIONAL AUDUBON SOCIETY and FLORIDA AUDUBON SOCIETY Stuart Strahl, Ph.D. President. Florida Audubon Society' Vice President, National Audubon Society ENVIRONMENTAL DEFENSE FU~'D IZAAK WALTON LEAGUE, FLORIDA DIVISION By: Juanita Greene, President FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (Successor to Florida Department of Environmental Regulation) By: SOUTH FLORIDA WATER MANAGEMENT DISTRICT (By signing this agreement, the District authorities that the SFWMD may have under or the D_~el~ona Agreement) Henry De~ Execu if~,v~ Director South Florida Water Management District is not waiving any rights or Chapter 373, Florida Statutes FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (Successor to Florida Department of Community and Veterans Affairs) (_~.4/: Thomas B_eck, Di~ee~tQr '-Division o£ Community Planning THE DELYONA~ d(~P,~PORA'TI~) ~i~ ./ B v: -.; Antony Gram. President COLLIER COUNTY By: Chairman Collier Count.',' Board of County Commissioners I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 56 57 58 59 6O 61 62 63 64 65 RESOLUTION NO. 2001- RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORll)A, PROVIDING TO TllE GREATEST EXTENT NOW OR tIEREAFTER ALLOWED BY LAW, TIIAT DEVELOPMENT AT TIIE MARCO ISLAND EXECUTIVE AIRPORT SI1ALL NEVER OCCUR OUTSIDE OF THE GEOGRAPIIIC CONF1NES OF TIlE DEVELOPMENT FOOTPRINT NOW EXISTING IN TtlAT AIRPORT'S blASTER PLAN WHEREAS, A Long Range Master Plan exists for development of the Marco Island Executive Airport ("Airport"); and WHEREAS, an Airport Layout Plan ("ALP") that depicts the ultimate build-out development of the Marco Island Executive Airport is a part of that Master Plan; and WIIEREAS, The Conservancy of Southwest Florida and four (4) other "conser~,ation groups" (noted in a Memorandum of Understanding) have requested assurance from the Collier Cmmty Board of Cmmty Commissioners that all development of the Marco Island Executive Airport shall remain in perpetuity within the current "Development Areas" of the current Master Plan, except to the extent, if any, that The Conservancy of Southwest Florida, National Audubon Society, Florida Audubon Society, Environmental Defense Fund, IZAAK Walton League-Florida Division, or each respective entity's then successor(s'} in function, may from time-to-time attthorize in writing. NOW, THEREFORE, BE IT RESOLVED BY TIIE BOARD OF COUTNY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The "Development Areas" of Marco Island Executive Airport, as such footprint is depicted in tile ALP attached hereto as Exhibit A, and by reference is incorporated herein, shall never be expanded in geographic area outside of the current footprint except to tile extent, if any, that tile Conservancy of Southwest Florida, National Audubon Society, Florida Audubon Society, Environmental Defense Fund, 1ZAAK Walton League-Florida Division, or each respective entity's then successor(s) function, may from time-to-time authorize in writing. However, this ResohLtion does not limit the County's then legal obligations, if any, to install aids to navigation or other things outside of said footprint, but only to the extent that such aids or other things are then required by laxv to safely operate aircraft into and/or out of the Airport, and only in accordance with tile Marco Island Executive Airport *lemorandum of Understanding executed by the signatories to the Deltona Settlement Agreement, including the Board of County Commissioners of Collier County. \Vith respect to the aids to navigation, such aids shall be limited to aids that are then required to aid "Aircraft" of the types and sizes allowed to land and take off at tile Airport as of the effective date of this Resolution: This Resolution adopted this __ day of September, 2001, alter motion, second and ma. iority vote favoring adoption. ATTESTED: D\VIGHT E. BROCK, Clerk By: By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney EXlllBrF A AGENDA ITEM FIRST AMENDSIENT TO INTERLOCAL INGRESS/EGRESS AGREEMENT The First Amendment to the Interlocal Ingress/Egress Agreement (hereinafter "Agreement") is made and entered into this o%~4Jq day of ~ , 2000, by and between the COLLIER COUNTY AIRPORT AUTHORITY, COLLIER COUNTY, FLORIDA (hereinafter "The Airport Authority") and the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, by and tlu'ough the Department of Environmental Protection OF FLORIDA (hereinafter "DEP"). WITNESSETH: WHEREAS, DEP and Collier County entered into that certain Memorandun~ of Agreement dated the '~"~ day of Februao', 1995, recorded at OR Book 2034, pages 1257 through 1260, Public Records of Collier County. Florida, which provides for DEP to enter into an agreement with the County to provide ingress and eo_ress over and upon state-owned lands in accordance with Federal Aviation Standards. Part 77; and WHEREAS, Collier County has, bf' County Ordinance No. 95-67, delegated to the Airport Authority full power and authority to enter into and administer this Agreement on behalf of the County: and WHEREAS, the DEP and Collier Count,',' .~irport Authority entered into that certain Interlocal Ingress 'Egress Agreement dated JanuaD' 17, 1996. NOW THEREFORE, in consideration of the premises, including the above-referenced Interlocal Ingress,'Egress Agreement and the covenants, terms and provisions contained herein, the DEP and the .Airport Authority agree as follows: 1. Exhibit A to the Interlocal Ingress/Egress Agreement is deleted in its entirety and replace with a new Exhibit A attached hereto and made a part hereof. 2. Reference in Paragraph 2 to "11,400 feet long and 2,000 feet wide" is deleted in its entirety. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and )'ear first above x~¢itten. AS TO AIRPORT AUTHORITY: ATTEST: Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY FLORIDA HERB NOREN, CHAIRMAN AGENDAITEM AS TO DEP: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION \VITNESS: PrinffT.'ype- ~;itne,~s ~a-rne \VITNESS' Print/Type \Vimess Name Gloria C. Nelson, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection STATE OF FLORIDA COU'NTT OF LEON Environmental Protection. for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me,., ~Notarx~Pu~lic, State of Florida Print/Type Notary Name My Commission Expires: Approved as to form and legality: By: DEP Attorney AGEIqDA ITEM ~io._. _l_e._:b__~ .. t t SEP 11 i ~._.._1_~ ........ EXECUTIVE SUMMARY APPROVAL OF A SUPPLEMENTAL GRANT FOR IMPROVEMENTS TO THE PARKING LOT PROJECT AT THE MARCO ISLAND EXECUTIVE AIRPORT OBJECTIVE: To approve a $3,000 Florida Department of Transportation (FDOT) Grant and required 20% matching funds to make improvements to the T-hangar project at the Marco Island Executive Airport. CONSIDERATION: Previously the Board of County Commissioners approved a project to improve the parking lot at the Marco Island Executive Airport. Additional improvements have been identified that were not included in the original project budget. The Airport Authority has received a supplemental grant form FDOT to replace the sign that identifies the Marco Island Executive Airport. The current sign is over 25 years, made of ~vood and the wood is rotting away. The $3,000 grant from FDOT combined with the 20% match of $750 from the Airport Authority will allow the sign to be replaced for an estimated $3,750. This would require appropriating $750 from Airport Capital reserves (qq b~ GROWTH IMPACT: There is no growth management impact. FISCAL IMPACT: Approval of this request will increase the Airport Authority Capital Fund (Fund 496) by $3,000, decrease Fund 496 reserves by $750 and increase the Parking Lot project budget by S3,750. No additional transf'er from the County General Fund is required. RECOMMENDATION: That the Board of County Commissioners: PREPARED BY: REVIEWED BY: Accept the $3,000 Florida Department of Transportation Supplemental Grant; Approve the appropriation of $750 from Fund 496 reserves to provide the required 20% local match; Approve all necessary budget amendments. Gary A. V~n~ent. Finance Mana~e'~ ohn H. Drury, Executive Directqr AGENDA ITEM SE? ) I 2i1111 Pg- .... l ........... EXECUTIVE SUMMARY REQUEST APPROVAL TO RETIRE THE $$00,000 TAX EXEMPT COMMERCIAL PAPER LOAN OBJECTIVE: Retire the $500,000 Tax Exempt Commercial Paper Loan (T.E.C.P. Loan). CONSIDERATION: Previously the Authority developed a $1,389,000 project to construct a manufacturing Incubator Support Facility at the Immokalee Airport Industrial Park to stimulate economic growth and diversify the areas agriculturally dependent economy. The proposed funding consisted of a $750,000 state grant, a $500,000 federal grant and a $139,000 county loan from the general fund to the Authority. The $750,000 state grant was secured but ~vhen the $500,000 federal grant fell through, the Board approved the transfer of $500,000 match money from other airport projects to cover the lost federal grant and the Board also approved the borrowing of $500,000 from the T.E.C.P. Loan program to replenish the match money for those other projects. The T.E.C.P. Loan was to be paid back over a four (4) year period from airport revenues. As an alternative to carrying the T.E.C.P. loan, the Airport Authority proposes that some projects with a lower priority be cancelled and deferred to outer years, that the T.E.C.P. Loan of $500,000 be retired and that higher priority projects that are underway be funded with the County match money that was previously allocated to those lower priority projects. The following projects have T.E.C.P. Loan proceeds budgeted as the local match: Airport Project Description Total Proposed Existing Cost Grant Match/Loan 1. Marco Island Runxvay Re-surfacing $275,000 $220,000 $ 55,000 2. Marco Island Surcharge Taxixvay 440,000 330,000 110,000 3. Immokalee Apron Expansion 350,000 280,000 70,000 4. Immokalee Environmental Resource 350,000 280,000 70,000 Permit 5. Immokalee Aircraft Hangar (Bulk Storage) 200,000 100,000 100,000 t6. Immokalee Wetlands Mitigation 53,000 42,000 11,000 7. Everglades Land Acquisition 269,954 185,954 84,000 TOTAL $500.000 The $500,000 of loan/match money will be used to retire the T.E.C.P. loan of $500,000. The follo~ving projects will be cancelled and deferred to outer years: Airport Project Description Total Proposed Existing Cost Grant Match/Loan 1. Marco Island Runway Re-surfacing $275,000 $220,000 $ 55,000 2. Immokalee Apron Expansion 350,000 280,000 70,000 3. Everglades Land Acquisition 269,954 185,954 84,000 TOTAL $209,000 The follo~ving projects xvill remain in the budget: Airport Project Description Total Proposed Existing Cost Grant Match/Loan 1. Marco Island Surcharge Taxiway 440,000 330,000 110,000 2. Immokalee Environmental Resource 350,000 280,000 70,000 Permit 3. Immokalee Aircraft Hangar (Bulk Storage) 200,000 100,000 100,000 4. Immokalee Wetlands Mitigation 53,000 42,000 11,000 TOTAL $291,000 The $291,000 in match money required to keep the above four (4) projects in the budget will be funded by canceling the following project and transferring the budgeted $250,000 of local match to the above four (4) referenced projects: Airport Project Description Total Proposed Existing Cost Grant Match I 1. Immokalee I T-hangar 155o0.00o I 5250,000 I $250,000 The $50,000 that is budgeted in the current ),ear (FY2001) for debt service principal will be used to fund the remaining $41,000 in match money required to keep these projects active and in the budget. The remaining $9,000 will be placed in capital reserves for unforeseen contingencies. This proposed alternative eliminates the principal and interest cost associated with carrying the T.E.C.P. Loan and reduces the Authority's proposed FY 2002 budget request by $50,000. GROWTH IMPACT: None FISCAL IMPACT: Approval of the recommended budget amendment will decrease capital project expenditures in the FY 2001 Airport Capital Budget (Fund 496) by $1,394,954. RECOMMENDATION: 1. Approve the retirement of the $500,000 Tax Exempt Commercial Paper Loan. 2. Approve the cancellation of the Immokalee Apron Expansion and projects, the Everglades Land Acquisition project and the Marco Resurfacing project T-hangar lgunwa-v---- ~ AGENDA ITEM No pg.___'z.. PREPARED BY: REVIEWED BY: Approve the necessary budget amendments: Gary A. ¥'!n~cent, Finance Manager Collier County Airport Authority A.A.E.,_:>,~. utive Director /Collier'County Airl~rt Authority t l:Excc utiveSummaries/9.01TaxExemptPaperLoan AGENDA ITEM ............ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE FOR BOARD ACTION: Certificate of Correction: NEED MOTION authorizing the Chairman to sign Certificate of Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 86-675-CFA RECOMMEND APPROVAL. 3. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: H:Data/Format Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. July 10, 2001 through July 16, 2001. 2. July 13, 2001 through July 19, 2001. 3. July 19, 2001 through July 24, 2001. 4. July 18, 2001 through July 24, 2001. 5. July 25, 2001 through July 31, 2001. 6. August 1, 2001 through August 7, 2001. 7. August 8, 2001 through August 14, 2001. 8. August 15, 2001 through August 21, 2001. Districts: 1. South Florida Water Management District: Minutes of June 29, 2001, Agenda for June 29, 2001, Agenda for August 24, 2001. 2. Collier Soil and Water Conservation District: Agenda for July 11, 2001, Notice of Meeting for July 11, 2001 and August 15, 2001, Agenda for August 15, 2001, Minutes of July 11, 2001. 3. Golden Gate Fire Control & Rescue District: Agenda for July 11, 2001, Agenda for August 8, 2001. -- ~,------_,:~.~, ~. .... SEP I! hnmokalee Water & Sewer District: Adopted Budget, FY 2001-2002. C. Minutes: Rural Lands Area Assessment Oversight Committee: Agenda for June 18, 2001, Minutes of June 6, 2001, Minutes of March 26, 2001, Minutes of April 23, 2001, Minutes of May 21, 2001. Pelican Bay MSTBU Advisory Committee: Minutes of May 2, 2001, Agenda for August 1, 2001, Minutes of July 5, 2001, Agenda for July 12, 2001, Agenda for July 5, 2001, Minutes of June 6, 2001, Budget-In- Brief (Revised) FY 2002, Budget (Revised) FY 2002. o Hispanic Affairs Advisory Board: Agenda for June 14, 2001, Minutes of April 26, 2001, Agenda for July 26, 2001. ° Environmental Advisory Council: Agenda for August 7, 2001, Agenda for July 3, 2001, Minutes for July 3, 2001. Emergency Medical Services Advisory Council: Agenda for July 25, 2001, Minutes of June 27, 2001. Parks and Recreation Advisory Board: Agenda for June 20, 2001, Minutes of April 18, 2001, Minutes of May 15. 2001. o Rural Fringe Assessment Area Oversight Committee: Minutes for May 23, 2001, Agenda for July 18, 2001, Minutes of June 27, 200l, Minutes of May 30, 2001, Agenda for June 27, 200l, Minutes of June 13. 2001, Agenda for August 8, 2001, Minutes of July 18, 2001. Radio Road Beautification Advisory Committee: Agenda for June 13, 2001, Minutes of March 12, 2001, Minutes of April 9, 2001, Minutes of April 13, 2001, Minutes of May 14, 2001, Minutes of June 18, 2001 Isles of Capri Fire/Rescue Advisory Board: Agenda for January 4, 2001, Agenda for February 1, 2001, Agenda/'or March 1, 2001, Agenda for April 5, 2001, Agenda for May 3, 2001, Agenda for May 21, 2001, Agenda for June 14, 2001, Agenda for January 6, 2000, Agenda for February 3, 2000, Agenda for March 2, 2000, Agenda for April 6, 2000, Agenda for May 4, 2000, Agenda for July 6, 2000, Agenda for September 7, 2000, Agenda for October 5, 2000. 10. Collier County Tourist Development Council' Agenda for June 25, 2001. 11. H:Data/Format Coastal Advisory Committee: Agenda for June 27, 2001. Do 12. 13. 14. 15. 16. 17. Bayshore/Gate~vay Triangle Local Redevelopment Advisory Board: Agenda for July 17, 2001. Bayshore Beautification Advisory Committee: Agenda for July 11,2001, Minutes for June 6, 2001, Minutes of July 11, 2001. Immokalee Beautification Advisory Committee: Minutes of February 21, 2001, Minutes of March 21, 2001, Minutes of April 11,2001, Minutes of May 16, 2001, Agenda for June 20, 2001, Agenda for August 15, 2001, Minutes of June 20, 2001. Golden Gate Beautification Advisory Committee: Agenda for August 14, 2001, Minutes of June 12, 2001. Lely Golf Estates Beautification Advisory Committee: Agenda for July 13, 2001, Minutes of June 8, 2001. Historical/Archaeological Preservation Board: Minutes from June 15, 2001. 18. 19. 20. Collier County Contractors' Licensing Board: Agenda for June 20, 2001. Development Services Advisory Committee: Agenda for July 11, 2001, Agenda for August 1, 2001. Library Advisory Board: Agenda for June 27, 2001, Minutes of May 23, 2001. 21. Collier County Planning Commission: Agenda for June 21, 2001, Minutes of May 16, 2001, Minutes of May 17, 2001, Agenda for July 19, 2001. 22. Collier County Airport Authority: Agenda for August 13, 2001, Minutes of June 11, 2001. 23. 1-75/Golden Gate Interchange Advisory Committee: Agenda for August 9, 2001, Minutes of June 27, 2001. Other: 1) Clerk of the Circuit Court: Letter of July 27, 2001 from Constance C. Murray, General Operations Manager, Finance 8: Accounting Department RE: Payment of Publication Notices for Unclaimed Funds. H :Data/Format EXECUTIVE SUMMARY ACCEPT A CIVIL TRAFFIC INFRACTION HEARING OFFICER GRANT-IN-AID OF $10,246. FROM THE OFFICE OF THE STATE COURT ADMINISTRATOR AND AUTHORIZE CHAIRMAN TO SIGN THE AMENDMENT OBJECTIVE: To accept a Civil Traffic Infraction Hearing Officer Grant-in-Aid of $10,246. from the Florida Office of the State Court Administrator [OSCA]. CONSIDERATION: Collier County has been awarded a Civil Traffic Infraction Hearing Officer Grant-In-Aid for $10,246. from the Florida Office of the State Court Administrator. A work plan for the expenditure of the grant funds and a request for the funds must be submitted by September 15, 2001. Staff recommends funds be used for the payment of contractual hearing officers at the rate of Thirty ($30.00) Dollars, per hour. The Chief Judge of the Twentieth Judicial Circuit has agreed to this allocation. This Agreement has 'been reviewed by the Office of the County Attorney for legal sufficiency. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Fund 681, Court Administration, will receive $10,246. These funds will be expended in conformance with the Grant-in-Aid Agreement from OSCA. RECOMMENDATION: The Board of County Commissioners accept the Grant-in-Aid of $10,246., authorize the Chairman to sign the agreement, approve the work plan and direct staff to incorporate the funding into the 2001-2002 fiscal year budget for Fund 681, Court Administration. Prepared by: · ' '~' Date: August 23, 2001 Mark Middlebrook Sr. Deputy Court Administrator Reviewed by:, Date: Michael Smykowski Budget Director Approved by:~~--7~,~ ~~ate: C~"Q/n t y Attorney ,2001 ], 2001 Grant-in-aid Agreement for the Civil Traffic Infi-action Hearing Officer Program in Collier County, Florida This Agreement is made among the Office of the State Courts Administrator (the "OSCA"), the Collier County Board of County Commissioners (the "Grantee"), Clerk of the Court of Collier County, Florida (the "Fiscal Agent") and the Twentieth Judicial Circuit (the "Grant Manager"). The parties agree that: The OSCA will pay the Grantee $10,246 as a 50/50 matching grant-in-aid pursuant to Specific Appropriation 3013 of the 2001-02 General Appropriations Act for establishment or continuation of a civil traffic infraction hearing officer program in Collier County. Upon receipt of a written request for release of funds, the OSCA will make a lump sum payment to the Grantee. The Grant Manager will oversee the establishment, administration and operation of the civil traffic infraction hearing officer program and expenditure of the Grant funds will be in conformance with all other Fund 681 expenditures. The Grantee will use grant monies provided under this Agreement in accordance with the requirements of {}{}318.30-318.38, Florida Statutes, and rule 6.630, Florida Rules of Traffic Court. The Grantee will use grant funds to pay up to $50 per hour for services of a full- or part- time hearing officer appointed by the chief judge, and for other expenses necessary to operate the program, including hearing officer training, office rental, furniture, and administrative staff salaries. The Grantee will submit a written requisition to the OSCA for release of grant funds no later than September 15, 2001. o The Grantee, in consultation with the Chief Judge of the Twentieth Circuit, will submit a detailed, written plan for use of grant funds and operation of the hearing officer program to the OSCA no later than September 15, 2001. The Grantee will invest grant funds that are surplus to current needs or pending distribution in accordance with Florida Law. The Grantee will release grant funds in accordance with Collier County purchasing policies and rules. The Grantee will not use grant funds for lobbying the Florida Leg/slature, the judicial branch, or a state agency. The Grantee, as a "Recipient" of state funds, will comply with the Florida Single Audit Act, section 215.97, Florida Statutes, as follows: In the event that the Recipient expends a total amount of State awards equal to or in excess of $300,000 in the Recipient's fiscal year, the Recipient must have a State single or project- specific audit for such fiscal year in accordance with section 215.97, Florida Statutes, and applicable rules of the Executive Office of the Governor, the Comptroller and the Auditor General. Applicable rules of the Executive Office of the Governor, the Auditor General, and Comptroller, and other information pertaining to the Florida Single Audit Act can be AGENDA ITEM SEP 11 Z0{II Pl~. found at: http://www.mvflorida, com/myflorida/govemment/leam/fsaa/index.html. The Catalog of State Projects establishes that state funds were awarded to the Recipient through the State Courts System, Office of the State Courts Administrator. The Catalog of State Projects number for this grant is 22.001. Information from the Catalog can be found at: http://www, myflorida.com/myflorida/government/learn/fsaa/index.html. In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State funds received fi.om the State Courts System, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The Recipient shall ensure that the audit complies with the requirements of section 215.97(7), Florida Statutes, and the State Projects Compliance Supplement. The State Projects Compliance Supplement can be found at: http://www.mvflorida, com/mvflorida/govemment/leam/fsaWindex.html. Compliance includes submission of a reporting package as defined by section 215.97(2)(d), Florida Statutes. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97 is not required. Audit costs may not be charged to state projects when the Recipient expends less than $300,000 in State awards. Unless prohibited by law, the cost of an audit required by section 215.97 is an allowable charge to a state project. However, charges to state projects should be limited to those incremental costs incurred by the Recipient as a result of the audit requirements of section 215.97 in relation to other audit requirements. The Recipient should allocate the incremental costs to all state projects for which it expended state financial assistance. The Recipient shall submit copies of reporting packages requix'ed by section 215.97 to each of the following: ao The Office of the State Courts Administrator at the following address: Donna Brewer Grants Administrator Office of the State Courts Administrator 500 South Duval Street Tallahassee, FL 32399-1900 The Auditor General at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 o The Recipient shall retain sufficient records demonstrating compliance with the terms of this Agreement for a period of 4 years from the date the audit report is issued, and shall allow the OSCA access to such records upon request. The Recipient shall ensure that audit working papers are made available to the OSCA upon request for a period of 4 years from the date the audit report is issued, unless extended in writing by the OSCA. 2 of 3 AGENDA ITEM pg. o Pursuant to section 215.97, the OSCA, the Florida Supreme Court Inspector General, the Auditor General and other state officials may conduct additional audits or evaluations of state financial assistance provided to the Recipient under this Agreement. This Agreement is subject to the following terms and conditions: The OSCA's obligation to pay the Grantee is contingent upon the availability of state funds lawfully appropriated for the purposes stated in Paragraphs A and B. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with Rule 2.051, Florida Rules of Judicial Administration. The Grantee will hold title to any equipment purchased with grant funds, unless general law provides otherwise. In providing, or contracting to provide, services, programs or activities, maintaining facilities, and otherwise performing obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. If, in the judgment of the OSCA, the Grantee for any reason fails to comply with the terms of this Agreement, the OSCA will have the right to terminate the Agreement on 30 days written notice by certified mail. In the event of termination, the Grantee will return to the OSCA all grant funds, except those expended in compliance with this Agreement, for reversion to the General Revenue Fund or the County Article V Trust Fund unallocated. This Agreement constitutes the entire understanding of the parties. All modifications to the Agreement must be in writing. This Agreement is effective on the date of execution and will terminate on June 30, 2002. FLORIDA SUPREME COURT, OFFICE OF THE STATE COURTS ADMINISTRATOR GRANTEE Elisabeth H. Goodner Deputy State Courts Administrator Date The Honorable James D. Carter, Ph.D., Chair Date Board of County Commissioners, Collier County GRANT MANAGER The Honorable William L. Blackwell, Chief Judge Twentieth Judicial Circuit Date 3 of 3 AGENDA ITE~,~ SEP 1i Pg.._ ¢ Civil Traffic Infraction Hearing Officer Grant-in-Aid County/Circuit: Colliert~20th Amount of Award: $10,246 Grant, FY 2001-02 Total Budget: $ (Grant plus Match) Spending Plan County Cash County In-Kind Catel~Ory. Grant-in-aid Match Malch Sub-Totals PERSONNEL FULL TIME EQUIVALENT (FTE) OTHER PERSONNEL SERVICES CONT~CTUAL AG~EMENTS Hearing Officers $10,246 $10,246 $20,492 SUB~TO~AL~OPS/~ON~CTU~'~SV~ ~~~ ~~ ~~ ~~~. EXPENSE ~~~S.U~TO~ADE~ENSES.~ ~~. .'~~ ~~ ~~ OTHER CAPITAL OUTLAY (OCO) . ~10,'~2~6 ..r ~10~746 $20,472 Please sign below: CttlEF JUDGE DATE The Honorable W±ll±am L. Blackwei1 Chief Judge, Twentieth Judicial Circuit CHAIR, BOARD OF COUNTY COMMISSIONERS DATE The Honorable James D. Carter, Ph.D. Chair, Board of County Commissioners, Collier County AGENDA ITEM SEP ~i tO01 pg._ ~ Civil Traffic Infraction Hearing Officer Program Grant-in-Aid Release Request ATTN: Donna Brewer Grants Administrator Office of the State Courts Administrator Florida Supreme Court Building 500 South Duval Street Tallahassee, Florida 32399-1900 Dear Donna: In accordance with the Grant-in-Aid Agreement executed with Collier County, the T~ventieth Judicial Circuit, and the Office of the State Courts Administrator, I hereby request the release of $10,246. as specified in the Agreement for fiscal year 2001-02. The amount is equal to the total grant-in-aid to the COUlqty. Please make check payable to Collier County Board of County Commissioners. At the address of 3301 Tamiami Trail East, Naples FL 34112. Sincerely, The Honorable James D. Carter, Ph.D., Chair, Board of County Commissioners, Collier County AGENDA ITEM pg._ d, EXECUTIVE SUMMARY REQUEST BOARD AUTHORIZATION AND EXPENDITURE OF FUNDS FOR THE PURCHASE AND UPGRADE OF TELECOMMUNICATIONS EQUIPMENT TO INTEGRATE THE NEWLY PURCHASED BUILDING AT 2373 HORSESHOE DRIVE. OBJECTIVE: To obtain Board authorization for the purchase and upgrade of' telecommunications equipment for 2373 Horseshoe Drive, East Naples substation, Immokalee substation and North Naples substation. CONSIDERATION: The newly purchased County building at 2373 Horseshoe Drive requires the purchase and movement of communications equipment to be integrated with existing equipment in order to provide adequate communication capabilities for Sheriff's Office remote locations. The current telephone system provider is Avaya Communications (formerly Lucent Technology). Therefore, we are requesting sole source procurement for our existing vendor, Avaya Communications. Avaya Communications was the original installer, holds the equipment operating software license and is an authorized vendor of the Board of County Commissioners. We are also requesting a waiver of the formal bidding process for the procurement. This vendor is a state contract vendor and the prices quoted are below the state contract pricing. FISCAL IMPACT: The cost of the proposed equipment is $104,875. Funds are budgeted and available in FY01 budget in ~ounty elide Capital Improvements (301) , project 01006 (Phone & Data Line Upgrades). GROWTH IMPACT: Recurring costs for subsequent years' monthly maintenance charges will be included in the Sheriff's Office budget effective next fiscal year. RECOMMENDATION: That the Board of County Commissioners authorizes the sole source purchase of required telephone equipment, including moves and upgrades. - William J. M~" lty, Commn,~iications Equipment Manager REVIEWED ~rv~t~K. I~ ~et,~in~ance Dire3..~r DATE: August 30. 2001 ITEM Summary Collier County Sheriff Voice Network Projects Proje~t Co~ Move to 2373 Horseshoe Dr. $ 53,935 Move 3030. ,,System to E. Naples Substation $ 19,994 Upgrade Immokalae System for Malntenan~ Support $ 16,280 U~rade 776 Vander~ilt System for Maintenance Support s 14,666 Total: $ 104,875 AGENDA ITEh~ IMMOKALEE ECS Upgr=de to Vg.S Customer ID = Quote Number: 20919806 Quote Expires: t0/2012001 3481879 Material No. Qty, 11309O 199990 1 108373 2 108740838 1 170496 1 700080892 108008 1 407803568 1 159117 1 408149755 1 408408466 1 700071350 1 70(3169790 1 700169818 1 151082 1 I06065988 4 108086038 1 848309474 3 4059O7O15 3 108724907 1 104164 1 199999 1 170382 12 199701 1 1O4158 1 199701 1 170826 20 Description ENTERPRISE CONFIG TO QUOTE PROJECT SYSTEM CONFIGURATI DEF RTU SIZE SENSITIVITY P DEF SFTW UPG RgSl RTU AVAYA SITE ADMIN R1.9 I~ASE SYS MGT SFTW ASA V1.9 BASE DEF XCONN 110 W/110 CABLE DEF TERM BLOCK 110AC 21FT DEF ECS/PRCLOGtX R9 DOC TRNG-DEF AUTOMATIC ROUTE A TRNG-DEF BASIC SYS ADMIN C DEF ECS DOC 555-233-416 IS DEF DOC 555-233-908 ISS3 I DEF DOC 555-233-XXX [SS1 R DEF CAB UPG SCC TO R9 DOC UPG FORM MM$1569 LABEL SIGN CAB SHIPPING 451287 DEF BCS LABEL CAB 84630947 DEF CABLE TDMILAN BUS VVP91 DEF PKG 8MB FLASHCARD R9.1 BCS INSTL CUSTMR SOLUTION SERVICES MAINTENANCE BOM SS Reconfigure Services ENTERPRISE VOICE SYSTEMS M MONTHLY ENH WARRTY ENT_VOICE_SYS T&M SS/SC/PM BUSINESS DAY Totals (Taxes not Included) Install Total: Equipment Current $ $ $ $ 1,23600 $ 2,280.00 $ 700.00 $ $ 349.80 $ - $ . $ . $ $ $ $ 3,780.00 $ $ $ $ - $ . $ $ 8,345,80 $ 7,933.~8 $16,379,48 Installation Current $ $ $ $ . $ $ $ $ $ $ $ $ $ $ $ - $ - $ - $ - $ $ 3.297.00 $ $ 850.00 $ 60.00 $ $ 26.68 $ 3,700.00 $ 7,933.68 ACEN~. ITEM SE? ~i tOOl AVA-308 6SA? (10/00) PURCHASE/SERVICE AGREEMENT ~00~-2C92~06 20~19~06 Custo~r ID: 3451~79 I1399 16th Ccur~ N~th A%~ ~IT~ELL l~O~ F~ 34142 5~ZTN Z~ PR~ESS 94L9~39299 ~eck A ...... pprn~]te T~(I): P~reh.. PMI ~J,~.~ ~rvi~ Li~ei~e Fee E~ ~SE ¥OIC~ SYSTEMS MAIN'I'~N. ]~UU 1 43 A2,¢ J I1 ] 2668 ANCE P~CE ELE~ Cu~r Co~ ~ ~ S~o~[~ ~rom ~hcd A~dl Pa~e(s) a.bl0,~ COO ~1~ D~ ln.~M Dam .~[~ ~nition ,, Con~ Sij~ A0v, ~m~n~Prog~ A }.,. l-~ B~m i Day g I.....CcnL~I Un~wi~h ~ $~ C 1., .~;1 Mai nt Il ] Mon~ly ~.....~ai,4~m ~ Fic~u~la~L Exp. C~ ..2.Hr ~p out oFMSA []J Annul Aa....~,i2 ~l~ijhl ~Sat [~J ~e-~ P~paid Ak. Jxl2 B~U Day lu~r', ~c number otmgnlhi sho~ a~c is ibc ;o~ Icn~ of~u' p3it.wan~l~ sc~i~ ~trnCt ~'~. ~ number or ~s ~Blly billed for A~d Pro~c~ ~111 AV4 A AVA-3086SAP PURCHASE/SERVICE AGREEMENT 112 ~ X~T ~T I~0~ FL ]4142 ENT_VOICE_SYS ENHANCED WAR~Y 1~701 I 43 ~,81 60 P~C~ T&M SS~C'I'M BUSINESS DAY (AA) 170~6 T&M TEC~ICIAN ~BOR [NC~T~ ~hip-~ 002 DEF~I~ ~OHTTO USE 5~E S~S)- 10~73 X 2 12~ ~ 43 A2,B1 Ii] 1,236,~3 ~VITY PER lC0 P~TS j DCF~'~ SO~ U~E ~l R- [ 1081~38 X 12 A2 4~ ~,BI [1] 2,2gQ00 I IGt~ TO USE AVAYA S~E ADHINISTRAT1ON RE~E I~ 3 A2 43 A2,BI III 6~9.Qg D?~ CROf$ CO~CT 110 %'ITH SNp-m: ~)3 TATION I i 4.61000 O~ 8,]4~39 ~l Thru P~e ~, ,rra~,, Enhanced W~,z'r~ a~ Porl W~ ~or Vo;~ ~d ~m Procu~ [Avail able cpUo~ Billing ~ Ak.., ~.S B~in~ Day Bt....Con~l Unl~S~ ~d ~ CI ...,Cuu Munt [1] Mon~',y A3. ~ad.~R:~m to ~'~nt. ~p C],, ,,2-~ Rc~ ou[ of ~A AnnuN Prepaid k4..~.12 Midnight Mort-Aa ~.Timc P~psid ~ )nj2 ~usi~ ~ N NAPLES SHERIFFS SUB-STATION 776 Vanderbilt Customer ID= Quote Number: 20920713 Quote Expires: 10/20/2001 3396931 Material Ni Qt3 113090 1 1999~ 1 108373 2 108740838 ! 700060692 1 108008 1 407803568 1 159117 1 408149755 1 408408466 1 7O0071350 1 700169790 1 700169816 1 151082 1 1O6085988 4 1O6O88O36 1 8463O9474 3 405907015 3 1O8724907 1 1O4184 1 170826 20 199999 1 199700 1 104158 1 Descrl~on ENTERPRISE CONFIG TO QUOTE PROJECT SYSTEM CQNFIGURATI DEF RTU SIZE SENSITIVITY P DEF SFTW UPG Rgsf RTU SYS MOT SFTW ASA V1 .g BASE DEF XCONN 110 WI110 CABLE DEF TERM BLOCK 110AC 21FT DEF ECS/PROLC)GIX R9 DOC TRNG-DEF AUTOMATIC ROUTE A TRNG-DEF BASIC SYS ADMIN C DEF ECS DOC 555-233.-416 I$ DEF DOC 555-233-908 ISS3 I DEF DOC 555-233-XXX 1881 R DEF CAB UPG $CC TO R9 DOC UPG FORM MMS1569 LABEL SIGN CAB SHIPPING 45'~287 DEF BCS LABEL CAB 84630947 DEF CABLE TDMILAN BUS VVP91 DEF PKG 8MB FLASHCARD R9.1 BC$ INSTL CUSTMR SOLUTION T&M SS/SC/PM BUSINESS DaY SERVICES MAINTENANCE BOM ENTERPRISE VOICE SYSTEMS M MONTHLY Totals (Taxes not Included) Total: Equipment Installation Current $ Current $ $ $ $ 1,236,00 $ $ 2,280.(30 $ $ $ $ 349.80 $ $ $ $ - $ $ - $ - $ - $ - $ - $ 3,780,00 $ $ . $ $ - $ $ - $ $ $ $ $ $3,297 0l~ $ $ $ 23,00 $ $ $ $ $ 7,645.80 S7,020.00 $ 7,020.00 $ '14,665. B0 A PURCHASE/SERVICE AGREEMENT AVA- 3 0 a 6SA? [IO/OO', BOCE-20~20]13 2C9207[3 GG/2L/2¢O$ 776 VAND~.I%I~ZLT ~.A~M AD WA~L£$ FL 3410~ S~LZTN IN FROGR.E.S$ ~4!7~49102 Alan A~.I?CF~LL 727-217-3~07 BC5 lNS-I~'I'IONCU53'O~ ~OLUTI- 1~1 ~ i{ 3397.00 ON 1 ~E VOICE SYSTEMS ~T~. i 1~700 60 Al,BI ~NCE P.CE .E~TI ~&MSS/SC/PMB~IN~SDAY~A) ~ 17~826 2~ , { 3,7~.00 C~F: ~n=oJ ~e (CCD) T~I Thh P~: ~997.~ 23.00 OSO ' ' 5u~tc~s from At~d~d Addl. Page(s] 0,00 0.0O 7,~5 30 [A-~ Due ~(Imoted ~hlppln~ Choral 5~'it~ Ccm~cc~ D~ ~ ~fltn~ Rev, Pa~m~ogt~s Pay~n:qCredk~ Grand T~al ~,9~.~ Wa~n~. Enh~ed W~nt)' and P~t W~dnty f~ Voi~ ~0 D~ P~u~ {Av~l~c opticn~ dt~nct~ u~n effcr] BillJnt Options : AS....Bx12 Bu~nt~ ~y N NAPLES SHERiff'S SU~-ITATIOM ~ADLZg FL 34108 ?~ttntJ~ at ~ ~ ,, , I TLr.;. AL'TFORIZES FOR R~AYA TC REQUEST AVA-3086SAP Fege ~ ~ 2 SC08-23920l~3 20020713 08/21/200[ .mm ~APLES FL 34[08 94X774~1~ D~ ~O}~ TO USE S~E S~S1- 108}7} X ] 1] Al ~ Al,B1 Il] 1.136 OD DEFINI~SO~W~U~DERgSi~- iCSl~S X 12' A1 60 Al,BI Ill 2,zso,oo , ~O~TO USE AVAYAS~ AD~Ii~ON~ASE 17~96 3J ~ 60 AJ,BI [1] 1.9 B~S ?AC~OE DEFINF~ CROSS ~T 110 CABLE D~C~ETC~ESCCTO 111082 I I1 ~ A; 60 AIBI [;1 3.780.~ ~LEASE R~ DEF~I~ECS/PR~XR9 ~UM~- TA'FION I Al.... ,-5 Buminms ~y Bi.. m iCOn~t UnI~wi,~ ~cd S,~ CL.....Cu~ Ma,r, Iii ~ ... lax7 B2.....Con'~l Unit ~lv ~ .m..2'Rr EmU in USA A3.....Mail.~:mm ~ F~m~inl- Exp ' C].... 1.Hr R~p ou i of USA ~ AG.... 8-12 Midui~t MOn~K : [4] ~-Time Pet~iOfAViYa'.Se~ ~ ' ' ' hi' ~all BilledfornddcdPmduc~llt ~"~". .... :~.""L-' 1';~=1:~. --~;n~n. ;n your nost~i~Jce ~n~'t period u; the ti~e ~.w,rr,n~' s~ lor thc A~e~i~ou~c~.~-~ ITFM .......... LUCENT TECHNCLO31E5 '~ ~1~417~55i6~ ~O.e~5 ~ COLLIER CTY SHER DEPT.OPER-YRD BLDG ;3030 Horseshoe Dr. Upgrade and Move Customer ID = Quote Number: 20915443 Quote Explre~: t01201200'l 3398970 Equipment Installation Material No. Qty. Description Current $ Current $ 113090 1 ENTERPRISE CONFIG TO QUOTE $ $ - 199990 1 PROJECT SYSTEM CONFIGURATI $ $ - 169995 1 INTRICACY LEVEL 5 IMPLEMEN $ - $ - 108373 1 DEF RTU SIZE SENSITIVITY P $ 618,00 $ - 108740770 1 DEF PRL.X RTU UPG R6 7 AND $ 2,454.00 $ - 170496 1 AVAYASITE ADU[N R1,9 BASE $ 700.00 $ - 700060692 1 SYS MOT SF'rW ASA Vl,9 BASE $ - $ - 408357010 1 PWR UPS 1000VA 120V SERIES $ 1,095,00 $ 54.00 408357044 2 PWR EXTD BATTERY MOD 700-I $ 1,500.00 $ - 150947 1 DEFPRLXUPGRSRTORR8T $ 2,100.00 $ - 108724907 1 DEF PKG 8MB FLASHCARD R9.1 $ - $ 700055488 1 DEF CP PKG TN2402 R9.5 $ $ 158117 I DEF ECSIPROLOGIX R9 DOC $ 408149755 1 TRNG-DEFAUTOMATIC ROUTE A 408408466 1 TRNG-DEF BASIC SYSADMIN C $ $ 700071350 1 DEF ECS DOC 555-233-415 IS $ - $ 700169790 1 DEF DOC 555-233-908 ISS3 I $ $ 700189818 1 DEF DOC 555.233-XXX ISS1 R $ - $ 104164 I BCS INSTL CUSTMR SOLUTION $ $ 3,210.00 170827 16 T&M SS/SC/PM BUSINESS DAY $ - $ 3,520.00 199696 1 SERVICES MAINTENANCE BOM $ - $ - 199700 1 ENTERPRISE VOICE SYSTEMS M $ - $ 23.00 199750 1 UPS I~v',/R 8YS MAINTENANCE $ - $ - 199B48 1 DEF SFTW MAINT $ - 104158 1 MONTHLY 104158 1 MONTHLY $ 170382 12 SA Station Setup Services 20 phones $ $ 1,020.00 104158 1 MONTHLY $ $ 170B28 20 T&M SS/SC/PM BUSINESS DAY $ $ 3,700.00 Totals (Taxes not included) $ 8,467.00 $t1,627.00 Install $11,527.00 Assume: Total: $19,~94.00 1. Sheriffs office with package phones, move, ship to new locale, anti place in telecom ro~m, 2, Avaya will decommission switch and mount on pallet for transport to new location. 3. Sheriffs office will provide wiring in new substation building to include station side of waTI field. 4. Avaya to provicle new equil~me:t side of wall field for new location, 5, AYaye to Drogram via using same DCS node assignment .3 for new stations. 6. This ~uote i~cludes software support for settir~g up 20 stations 7. Inctu~es 1Kw UR$ for switch only, AGENDA ITEM PURCHASE/SERVICE AGREEMENT AVA- 3 0 8 6SA? BOCe-Zo~i~qq] 2091S¢~3 08t21/2COL Cus~ome~ Att~: Bill BILL MCNULTY ~27-217-~07 Mi R,4,mnl/~ e*~e proje ,-'l Definition PropSa Pa?Ynt $chMule ~ ,blvolCod W arra~y, F..N~n~d Warfare ^1,. 34 B~i~-~ O~ 199709 Sub',ot~ls from Aw~chcC ^dO1. - Tarts ~te ~ount A~. Paymenu~gr~G Payme~C~dl~ Grand Total ~d ~ W~ ~r Vc~c~ ~d D~ PT~uc~A~IebLc option: dc~nd~t u~n ].ilO.O0 0.00 0,00 $11 fl h.,..Co~ol Uait/SwRch tnd Sets Bi.,,,.Conlt~l Unit Only C 1.,,,,Cu,it blminl C:...../-14r P,~p in 23.co 23,00 54,00 0,~ D.OO $17,00 A3,..M iildn/'Rcuam lo Fic~ory/Mainc Exp. E3.....2.l'b' P,:~p out or' 'v~SA A!.....$xl2 Busineaa Day Per the lents of Avaya's Sm'Ica Agrterne% ~,w~mnw ~iee for A~M Pr~duc~ ~ III ~ coter~inoua wi~ ~.w~anW ~ for ~:sting Pr~L~ at ~t ~.e 8,466.96 O.O0 S6,466,9Q Po,,,t Wocr~u~ St~vi~t Billing Options Ill Monthly [21 Qu;u'~eriy [3J Annual Prep.id Iocn;c,n l'~: numbor of rr, omh$ shown abo'vc L~ thc :oLtl Icnl~.h o('ynur ~-ost-wtqinD ~rv;cc contract pcrioU. Thc number ol' months ~tasily billed l'o~ Added PrMucL~ 'wilt h~ h a,~cd re iht number of n'~ths rmainin8 in ynur po;t.wan'~5 s~rvic(: contrac: i~r, riod at thc ti,nc 30:t-w~"Ta'~l) stmcc fo~ UlC Adc:lt,d 'Product~ corrmmtnc~s. ~tmlr~ Collier C~. SRgR Dept.Opoz.YRD,BL~G ACtn: Bill 3D3C ROKSESHOE DR S STE N.~LgS ~- 34104 - - - I ~"~"~' ....... AVA-30 ~ 65A? (lC/OS) PURCHASE/SERVICE AGREEMENT Ccll:er Cc. ~ttn: ~L~ Hcgu~ty ~:20 HOPS~$HO£ DR S BILL MCNULTY UN[NTERRUP'I'ISLE PWA $Y$ MAINTENA- NCE P[.UCE EL,E.M.b~T DEFINII'Y 5Ol"f WAKE MAINT FF, IC£ EL- EVEN[ [&:M $~/$CPPM r'JUSrNE.~$ DAY {SA} ASa TE. CHNI~AN I.AB{"~ iNCREMENTAL PREM1LIM CHARO£ COMPLEX EQU1P~T T&M SS/SCTPM DUSINES$ DRY (NSA) Ship.~ 002 DEFINI'IW R~HTTO USE R~E S~SI- ~PER DE~ PRO~IX ~O[~ TO USE PORA~F ~h3.FA~6 7 A~ R TO AE~E AVAYA ~E AD~TRAT~ON I 9 ~E PAC~ 6 REI.EAR5 7 OR RELE~E ~ TO ~L TAT~N ;,')'w~R UNI~E~U~IBLE ~WEA SUPP- LY t~OVA I20V $E~ POWER EX'I~N~D BAbY MOD~E Mi ta~at/Sd'~ 199750 170826 170382 I?C496 42 AI,BI 12 Al 3 A3 12! Al / 4! /Al'BI 12 U~Fe~ 2,10000 1,094.~~) 1,4qq.9~ COLLIER SHERIFFS OFFICE 2373 Horeeehoe Dr, Customer ID = Quote Number: 2081260:3 Quote Expires: 8114/2001 3366646 Material No, Qty, 113090 1 199990 1 190995 1 102919 1 106361421 1 103002 407510353 1 407510396 1 108276148 4 108304759 3 108366 3 108373 5 108628892 2 150973 1 108740770 1 151421 3 106741O67 3 18D906 2 104158 2 16D907 3 104158 2 170497 1 700060692 1 102935 1 10~806~36 1 H600383G2 1 847107935 1 107988S67 1 102935 2 10~$08536 2 HTOO383G2 2 !07988887 2 150948 1 108724907 1 700022817 1 159117 1 108898792 Description ENTERPRISE CONFIG TO QUOTE PROJECT SYSTEM CONFIGU;b~,TI INTRICACY LEVEL 5 IMPLEMEN CKT CARD ANALOG LINE 18PT DEF CP TN7468 ANLG LN INTF DEF TERM ENTPRS MGMT 7158C TERM VID W/O KEYBOARD WH 9 KEYBOARD 715 DEF CP TN22248 DGTL LN 24P DEF iSDN PRI IOOPT-501PT DEF DCS NTWKG RTtJ ADDL 100 DEF RTU SIZE SENSITIVITY P DEF WIRE 1 PR 24 GAUGE SPO DEF PRiX RTU Re 7 AND 8 TO DEF PRIX RTU UPG R6 7 AND DEF CP DS1 INTF TN2313AP DEF CP TN2313AP DS1 INTFC DEF UPG PROTECT PROG ~TH MONTHLY DEF UPG PROTECT PROG WITH MONTHLY AVAYA SITE ADMIN R1 .@ UPG SYS MGT SFTW ASA V1.9 BASE CSU MODULE 120A1 DATA UNIT ~,20A S1:1 CSU MC) CABLE 120A1 CSU TO NTWK SM CSU MOD 18A BOOK MEMO DEF D$1-LOOPBACK JACK 70CA CSU MODULE 120A1 DATA UNIT 120A S1:1 CSU MO CABLE 120A1 CSU TO NTWK SM DEF DS1 LOOPBACK JACK 700A OEF PRIX R6 R7 OR RSTO R9 DEF PKG 8MB FLASHCARD R9.1 DEF PKG TN2402 R9.2 DEF ECS/PROLOGIX R9 DOC DEF DOC 555-233-908 I$S2 Equipment Installation Current $ Current $ $ $ $ $ - $ $ . $ 2,391.60 $ - $ $ - $ 615,00 $ $ - $ $14,448.00 $ 4,176,~ $ $ 3,240,~ $ $ 25.20 $ 7,200,~ $ $ - S - $ - 180,00 $ 988.80 $ $ - S $ - $ 1,977.~0 $ - $ - $ - Material No, Qty. 408149755 1 40840848~ 70007135O 1 151423 1 102631413 1 t08739566 1 846943306 1 104184 1 19999g 1 199100 1 1~604 1 199648 1 104158 1 104158 1 104158 1 700059645 1 170827 16 170830 9 170342 37 170382 14 Description TRNG-DEF AUTOMATIC ROUTE A TRNG-DEF R8 BASIC SYS ADMI DEF ECS DOC 555-233-416 IS DEF CP C-LAN INTF TN799C ADAPTER 259A MALE DEF CP CNTRL LAN BOARD TN7 ADAPTER TERMINAL/PRINTER X BC$ INSTL CUSTMR SOLUTION VOICE SERVICE MAINTENANCE ENTERPRISE VOICE SYSTEMS M APPLICATIONS PROCESSOR MAI DEF SFTW MAINT MONTHLY MONTHLY MONTHLY DEF CP TN744E CALL CLASSIF T&M SS/SC/PM BUSINESS DAY SS/SC/PM INCREMENTAL PREMI T&M TECH LABOR SIMPLE EQUI T&M TECH LABOR IPC COMPLEX Totals (Taxes not included) Install Total: Notes: See Statement of Work fcr c~etaiis Equipment Current $ $ $ $ $ 760.00 $ $ - $ - $ - $ . $39,082,20 $14,852,63 S63,934.83 Installation Cu~ent $ $ $ - $ - $ - $ - $ - $ 2,818.00 $ - $ - $ - $ - $ - $ - $ - $ 3,520.00 $ 828.00 $ 6,475.00 $ 1,190.00 $14,852.$3 ,JL.t EXECUTIVE SUMMARY AUTHORIZE ACCEPTANCE OF STATE FUNDING FOR VOTER EDUCATION AND POLLWORKER RECRUITMENT AND TRAINING. OBJECTIVE: To accept funds from the Department of State, Division of Elections for additional voter education and pollworker training beyond the Supervisor of Elections current programs. CONSIDERATIONS: The Division of Elections shall award Collier County Supervisor of Elections a total of $83,994.05, (see Appendix A). The Florida Legislature passed the Election Reform Act of 2001 making sweeping reforms in the electoral process. Included in the Act is a one-time allocation of state funding to counties for voter education and pollworker recruitment and training. Each county's prorata share of the total appropriation is determined by the number of registered voters in the county, as certified by the Department of State for the 2000 General Election. The allocation to Collier's Supervisor of Elections is $83,994.05. Pursuant to Section I of the attached Memorandum of Agreement, no county shall receive funds prior to providing the Department of State a detailed description of the voter-education plan to be implemented for the 2002 election cycle. Collier County Supervisor of Elections filed said plan on August 16, 2001, and a copy is attached. In addition, the distribution of the funds requires approval of the attached Memorandum of Agreement by the governing body of the county. FISCAL IMPACT: The Collier County Supervisor of Elections will receive $83,994.05 from the Division of Elections to be appropriated in the Supervisor of Elections budget with definitive project tracking. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Collier County Board of County Commissioners authorizes the Chairman to sign the Memorandum of Agreement. APPROVED B ff,/f~nnifer S.~plw~r's,/ Supervi~.~/6 f Elections Date: AGEIqDA ITEM Pg._ / MEMORANDUM OF AGREEMENT This agreement effective as of day of , 2001, is by and between the State of Florida, Department of State, Division of elections ("Department"), the address of which is 400 S. Monroe, Room 1801, Tallahassee, Florida 32399 and Collier County Board of County Commissioners ("County"), the address of which is 3301 Tamiami Trail East, Naples, Florida 34112. WHEREAS, section 74, Chapter 2001-40, Laws of Florida, provides for the disbursement of funds to be used for voter education and pollworker recruitment and training for the 2002 election cycle. WHEREAS, said section is intended to provide funding for additional voter education and pollworker recruitment and training beyond the supervisors of elections current programs. I. Governing Law From the funds appropriated from the General Revenue Fund to the Division of Elections of the Department of State in specific appropriation 2898B of the 2001-2002 General Appropriations Act, the Division shall distribute the sum of $5,949,375 in fiscal year 2001-2002 to the counties to fund comprehensive voter education programs and poll worker recruitment and training programs. The Division shall divide the total amount of funds appropriated by the total number of registered voters in the state for the 2000 General Election to establish a funding level per individual voter. Each county shall receive an amount equal to the funding level per individual voter multiplied by the number of registered voters in the county, as certified by the Department of State for the 2000 General Election. II. Restrictions' No county shall receive funds pursuant to Section I until the county supervisor of elections provides to the Department of State a detailed description of the voter-education plans to be implemented for the 2002 election cycle. III. Disbursement The counties shall receive a sum certain as provided above and outlined in Appendix A. AGENDA ITEM SEP pg.. IV. Audits The administration of funds awarded by the Department of State to the County may be subject to audits and monitoring by the Department of State, as described in this section. 1. In the event that the County expends a total amount of State awards (i.e., State f'mancial assistance provided to the County to carry out a State project) equal to or in excess of $300,000 in any fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. Appendix A to this agreement indicates State funds awarded through the Department of State by this agreement. In determining the State awards expended in this fiscal year, the County shall consider all sources of State awards, including State funds received from the Department of State, except that State awards received by a non-state entity for Federal program matching requirements shall be excluded from consideration. 2. In connection with the audit requirements addressed above, the County shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.600, Rules of the Auditor General. 3. If the county expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the even that the County expends less than $300,000 in State awards in its fiscal year and elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from County funds obtained from other than State entities). 4. The Internet web addresses listed below will assist the County in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department of Banking and Finance (Comptroller) http://www, dbf. state.fl.us State of Florida Office of the Auditor General Rules Index http ://www. state, fi.us/audgerdpa.ees/rulepage.htm State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.fl.us V. Report Submissions Copies of reporting packages required by PART III of this agreement shall be submitted by or on behalf of the County directly to each oft_he following: 1. The Department of State at the following address: Department of State Division of Elections The Capitol, Room 1801 Tallahassee, Florida 32399-0250 o The Auditor General's Office at the following address: · State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned officials as duly authorized Department of State, Division of Elections: By: Division Director By: County Commission: Witness Typed name and title Date Witness Date At:END,* ITEM SE?II 'bi01 ....... Voter Education/Poll Worker Training and Recruitment Funding County Total Reg Voters Education Funding County Total Reg Voters Education Funding AJachua 120,867 $ 82,155.42 Lee 252,918 $ 171,912.79 ~Baker 12,352 $ 8,395.87 Leon 146,417 $ 99,522.20 Bay 92,749 $ 63,043.12 Lev~ 18.671 $ 12,691.01 Bradford 13,547 $ 9,208.13 Libert~ 3,752 $ 2,550.30 Brevard 283,680 $ 192,822.26 Madison 10,378 $ 7,054.11 Broward 887,764 $ 603,428.73 Manalee 170,578 $ 115.944.85 Calhoun 7,234 $ 4,917.08 Marion 147,707 $ 100,399.03 Charlotte 98,898 $ 67,222.70 Martin 86,514 $ 58,805.08 Citrus 81,378 $ 55,314.05 Miami-Dade 896,9121 $ 609,646,78 Clay 86,861 $ 59,040.94 Monroe 48,409 $ 32,904.44 'Collier 123,572~ $ 83,994.05 ~lassau 35,170 $ 23,905.66 Columbia 31,131 $ 21,160.29 Okafoosa 111,320 $ 75,666.15 Desoto 15,731 $ 10,692.64 OkeecY. obee 17,448 $ 11,859.71 Dixie 10,511 $ 7,144.51 Orange 404,779 $ 275,135.37 Dural 423,967 $ 288,177.79 Osceola 92,196 $ 62.667.23 Escambia 171,004 $ 116,234.41 Palm Beach 656,6941 $ 446,366.40 Flacjler 33,466 $ 22,747.43 Pasco 221,671 $ 150,673.66 Franklin 7,578! $ 5,150.90 :Pinellas 574,961 $ 390,811.05 Gadsden 26,253 $ 17,844.62 ~olk 247,807 $ 168,438.75 Gilchdst 6.878 $ 4,675.10 Putnam 40,396 $ 27,457.8? Glades 6,326 $ 4,299.89 Santa Rosa 77,778 $ 52,867.07 Gulf 9,923 $ 6,744.84 Sarasota 221,945 $ 150,859.90 Hamilton 6.93S $ 4,716.56 Seminole 190,70,1 $ 129,624.85 Hardee 10,886 $ 7,399.40 St. Johns 89,511~ $ 60,~42.19 Hend~ 16,268: $ 11,057.64 St. Lude 117,785 $ 80,060.53 Hernando 95,549 $ 64,946.33 ISumter 31,549 $ 21,444.41 Highlands 52,941 $ 35,984.92 Suwannee 20,617 $ 14,013.74 Hillsborouc, lh 499.427 $ 339,469.27 Taylor 12,304 $ 8,363.24 Holmes 10,317 $ 7,012.65 Union 6,752 $ 4,589.45" Indian River 71,4201 $ 48,545.42 Volusia 260,572 $ 177,115.35 Jackson 23,973 $ 16.294.87 IWakulla 13,382'$ 9,095.98 Jefferson 8,161 $ 5,547.17 Walton 28,144 $ 19,129.97 _afayette 4,036 $ 2,743.34 Washington 14,358 $ 9,759.38 Lake 131.031 $ 89,064.06 ~otar~.--~&=~'_z ~-.~::~'.;8;752;'t;:17 $ 5,949,3'~4.-~'21- I I i AGENDA ITEM S EP 2fi01 COLLIER COUN2~ SUPERVISOR OF ELECTIONS VOTER EDUCATION PLAN COLLIER COUNTY SUPERVISOR OF ELECTIONS VOTER EDUCATION PLAN TARGET AUDIENCE - YOUTH CURRENT PROGRAM Conduct classroom/school elections, using voting equipment. · Participate in Government Days at local schools. · Participate with the League of Women Voters and 4H in" Know Your Government' program. · Coordinate high school voter registration with Collier County Public School Social Studies Director. · Provide promotional items to schoolchildren during school elections and visits to the Office of the Supervisor of Elections. FUTURE PROGRAM · Mail high school graduates a letter with information and a voter registration form. · Give promotional items such as coloring books to children who accompany parents to the polling location and have available in displays in public buildings. · Visit Government classes at all levels and explain the election process. · Introduce a new voting system. · Provide displays with voter-related information in public buildings. AGENDA ITEM N° --/-b- S EP ~t '~.~1111 ?g._~ ......... COLLIER COUNTY SUPERVISOR OF ELECTIONS VOTER EDUCATION PLAN TARGET AUDIENCE o POTENTIAL REGISTRANTS CURRENT PROGRAM · Provide information on our Web Site regarding elections, candidates, how to register, etc. · Partnership with Naples Chamber of Commerce to enlist companies to sponsor Voter Registration events · Provide public service announcements encouraging citizens to register and vote. · Provide electronic results of elections on the Elections Web Site and in the Commission Board Room for the candidates and public on Election night. · Participate in" Know Your Government Days" with the Board of County Commissioners. · Provide election-related information to the community through numerous speaking engagements by the Supervisor to organizations. · Participate with League of Women Voters to produce an informational brochure (Voters Guide) in both English and Spanish. · Participate in the New Teacher Fair with the public schools. · Participate in at least 3 trade shows per year with local businesses. · Promote visibility of elections in the community on television, radio and newspapers with demonstrations, articles, talk shows, etc. FUTURE PROGRAM · Provide "Midnight Madness" for last minute registration just prior to book closing. · Provide posters to the DMV offices and Tax Collectors offices explaining registration and book closing. · Use GIS to provide maps of precincts on the Web Site and on sample ballots to households. · Hire a Community Education Coordinator in fiscal year 2002 to develop and maintain the Voter Education Program. · Provide elections related services at the new North Naples Government Center to be opened during the summer of 2002. · Improve communication and offer training to the sites that are mandated to offer voter registration information. · Provide information for new citizen's packet in conjunction with the appropriate organizations. · Provide an Open House at the Elections Office to introduce our new voting system on various dates. · Schedule and advertise the dates that the Filing Officer will be at satellite offices to improve service to district offices. Increase visibility in the community on TV, radio and newspapers with demonstrations, articles, talk shows, etc. Introduce new voting system at malls libraries, civic associations, condo associations, etc. AGENDA ITEM SEP 1! pg._ 7 COLLIER COUNTY SUPERVISOR OF ELECTIONS VOTER EDUCATION PLAN TARGET AUDIENCE - REGISTERED VOTERS CURRENT PROGRAM · Provide a Web Site with candidate information, election information, election results and "odds and ends". · Provide elections results electronically to Board of County Commissioners and media. · Provide sample ballot to each household. · Provide a Notice of Election to each household. · Provide Voter ID cards to each registered voter. · Provide all information in both English and Spanish. · Partner with the Naples, Immokalee and Everglades City Chamber of Commerce to encourage voting. · Participate in a minimum of 3 trade shows with area businesses. FUTURE PROGRAM · Provide a postage paid customer service comment card. · Provide an open house to demonstrate new voting equipment on various dates. · Recruit members of the League of Women Voters and the political executive committees to assist in demons~'ating new voting equipment. · Provide public notices throughout the community regarding new equipment by media, newspapers, and television. · Expand the sample ballot to include a map to the respective polling places. · Expand the Elections Web Site to include a map of the precincts and the locations of polling pIaces. · Provide payroll stuffers reminding voters of elections. · Provide voter information display stands in public areas. · Develop and send election information with voter ID cards. · Visit nursing homes with reminders of where and how to vote. · Provide information on elections for church bulletins and newsletters. · Include in sample ballot voting instructions such as the requirement for picture identification. · Contact assisted living facilities regarding supervised voting. ~ AGENDA ITEM COLLIER COUNTY SUPERVISOR OF ELECTIONS VOTER EDUCATION PLAN TARGET AUDIENCE - POLL WORKERS CURRENT PROGRAM · Provide dynamic Power-Point training sessions. · Develop and distribute a quarterly newsletter. · Provide a Poll Worker manual. · Provide a Clerks manual. · Provide a Deputy manual. · Provide a checklist for Election Day procedure. · Provide an on-line poll worker application form. · Provide information regarding poll workers on the Elections Web Site. · Developed an "Adopt a Precinct Program"with The Naples Chamber of Commerce. · Conducted a post-election survey of poll workers to determine problem areas in which to improve our services. · Provided a "Thank you" reception after elections for all poll workers, etc. · Created a new position of Oath Person to assist the Clerk. FUTURE PROGRAM · Provide registration information on laptops at all precincts. · Recruit poll workers from the Board of County Commission employees. · Provide training for conflict resolution. · Provide training for problem solving. · Provide training in sensitivity for people w/th special needs. · Create a Poll Worker education page on the Web Site. · Conduct quarterly meetings with Clerks to keep them updated on changes. · Provide an open house orientation of the new voting system for all poll workers. 8/14/01 EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO RECOGNIZE CARRYFORWARD IN THE CONFISCATED PROPERTY TRUST FUND. OBJECTIVE: To obtain Board approval on a budget amendment to recognize $16,719 in additional carryforward and $3,785 in interest revenue in the Confiscated Property Trust fund and to transfer the money to the Sheriff's Grant fund to be used as match in various grants. CONSIDERATIONS: The FY 01 Carryforward revenue is $16,719 greater than what is currently budgeted in the financial accounting system. Also, interest income earned is $3,785 more than what was budgeted. A budget amendment is needed to recognize the additional Carryfor~vard and interest revenue and to increase the transfer to the Sheriff's Grant fund by $20,504. In accordance with Florida Statutes, Confiscated Property Trust funds may be used as required matches for drug control grants and drug abuse education. In the Sheriff's Grant fund, several grants require administrative budget adjustments to their budgets. The budget amendments are needed to adjust grant revenues, expenditures, and required match from the Confiscated Property Trust fund to the dollar amounts remaining in each grant. FISCAL IMPACT: A budget amendment is needed to recognize $16,719 Confiscated Property Trust fund Carryfor~vard and $3,785 interest earnings and to transfer these funds to the Sheriff's Grant fund in the amount of 520,504. In the Sheriff's Grant fund, administrative budget amendments are required to clean up grant budgets. At the beginning of each fiscal year, grant budgets "roll" for~vard and usually require manual adjustments to ensure that the budget balances reflect the actual amounts of money left in each grant. In total, grant proceeds and expenditures will be reduced by $251,127 and $230,623 respectively, and the Confiscated Property Trust fund match (revenue) will increase by $20,504. Below is a summary of changes in revenues and expenditures: Grant Name Revenues Expenditures Grants Confiscated Trust Total matching funds Revenues DUI ($296,015) $ 6,917 ($289,098) ($289,098) Street Gang ($ 10,061) ($ 3,353) ($ 13,414) ($ 13,414) JAM 10,063 $ 3,328 $ 13,391 S 13,391 LLEBG ($ 20,670) ($ 20,670) ($ 20,670) VOCA $19,320 $ 19,320 $ 19,320 STOP Violence $ 44,886 $14,962 $ 59,848 $ 59,848 Total (S251,127) $ 20,504 ($230,623) ($230,623) AGENDA ITEM SEP 11 Pg. / GROWTH MANAGEMENT PLAN: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: It is recommended that the Board of County Commissioners approve the recognition of additional Carryforward funds and interest revenue in the Confiscated Property Trust fund and approve the necessary budget amendments to the Confiscated Property Trust Fund and to the Sheriff's Grant fund. Prepared by: ,~(,/,,vt ()~'~,/' Date Susan Usher, Senior Budget & Mgt. Analyst Reviewed by: /<,&. C ~, ~ c '~"~ Date ,' Kelly Jop~?/Sr. Accountant, Clerk to the Board Approved by:'L ,, %t.~Q.-{~ eL(--{,/' " l"," ~, ,.-~ '----'~ Date D'ir. CrYstal K. Ki'r~z'~l,'~i~'ance bMsion, Collier County Sheriff's Office AGENDA ITEM SEP Il 2001 pg._ ~- EXECUTIVE SUMMARY REQUEST THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT TRANSFERRING FUNDS FROM GENERAL FUND RESERVES TO THE SHERIFF'S OFFICE BUDGET. OBJECTIVE: To seek Board approval for a budget amendment transferring $800,000 to the SherifFs budget to cover personnel costs. CONSIDERATION: During each budget year, by Board policy, the SherifFs budget is reduced by 4% for anticipated vacancies. Since implementation of the Board-approved pay plan, the Sheriff's Office has experienced an increase in both applicants and hiring of new members. This positive trend in hiring requ!res additional funding to cover personnel costs. Community e~,ents (e.g., July 4 , Mar,,qn Harris ~nc~dent, and concerts) have also added overtime costs to the Sheriff's budget. FISCAL IMPACT: Funds are requested to be transferred from general fund reserves to the Sheriff's operating budget. Reserves in the amount of 5%, or $3,448,400, were budgeted per Board policy as SherifFs Office reserves. Sheriff's reserves of S2,848,400 remain available. GROWTH IMPACT: None RECO:MMENDATION: That the Board of County Commissioners approve the budget amendment to transfer funds in the amount of $800,000 from general reserves to the Sheriff's budget. REQUESTED BY: i "~ ,-:?,', ' '. ~_ (~ry6tal K. Kinzel, Finance Director . APPROVED ~¢ Sh /: REVIEWED To~-O¥1i ff, ~ou nt--M'~Y ~ DATE: September 4, 2001 M sWord\findoc\Exec Sum - reserx es OTXbh CCSO Staffing 1100 1077 1077 1077 1077 1074.5 1074.5 1075.1 1074.5 1050 ............. = i_lO42 1000 950 ¢ 942 ~ ~8 900 .......... 85O May-99 Aug-99 Nov-99 Feb-00 May-00 Aug-00 Nov-00 Feb-01 May-01 Aug-01 Actual Paychecks Issued = Authorized Positi :)laS,AGENDA ri'~t M St? II 2001 Pg. C~ EXECUTIVE SUMMARY '-AGENDA ITEM.' NO. SEP 11 200 RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETTLEMENT IN THE CASE STYLED COLLIER COUNTY v. NATIONAL UNION INSURANCE CO. OF PITTSBURGH, PENNSYLVANIA and AIG CLAIMS SERVICES, INC., CASE NO. 00-2305-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, FOR SIXTEEN THOUSAND DOLLARS ($16,000). SAID SETTLEMENT WAS ARRIVED AT DURING SETTLEMENT NEGOTIATIONS. OBJECTIVE: That the Board of County Commissioners approve the settlement in Collier County v. National Union Insurance Company of Pittsburgh Pennsylvania and AIG Claims Services, Inc., Case No. 00-2305-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, for $16,000. Said settlement was arrived at during settlement negotiations. CONSIDERATIONS: On May 30, 1995, a Collier County vehicle, driven by a Collier County employee, was exiting a service station on the north side of Bonita Beach Road trying to cross over to another station across the road. At the same time, the claimant vehicle was eastbound on Bonita Beach Road. The County vehicle failed to yield the right-of-way to the claimant vehicle and struck the claimant's car. Liability against the driver of the County vehicle was clear, according to our former third-party administrator, and caused the accident in question. Claimant/Husband was the front seat, seat-belted, passenger in the vehicle being driven by the Claimant/Wife (Loss of Consortium only). At the time, Claimant/Husband was thirty-eight years old, a senior attorney in the Palm Beach County Public Defender's Office, a naval officer with the Naval Reserve, and a marathon runner. Claimant sustained a fractured right wrist, left knee tom medial meniscus with small joint effusion, and a C6-7 disc hemiation. He underwent arthroscopic surgery on his knee that revealed a large osteochondrial fracture of the patella. His physician assigned a ten percent permanent impairment to his knee, along with a five percent impairment of the back, for a total of fifteen percent. He incurred medical bills of $14,488.91 and lost wages of $4,356.78. Because of the substantial injuries and substantial liability on the part of the County, the third-party administrator, Cramer, Johnson, Wiggins & Associates (hereinafter CJ&W) negotiated and recommended a settlement of the matter in the amount of $90,000.00, which settlement reflected the ClaimantJHusband's injuries, as well as the claim by the Wife for loss of consortium. The initial demand on the part of the Claimant/Husband was $800,000.00, then reduced to $100,000.00, because of the statutory maximum liability, and a demand of $100,000.00 for loss of consortium by the Wife. After recommendation by Risk Management and the County Attorney's Office, the Board of County Commissioners approved the $90,000 settlement in November of 1997. The present litigation was brought against the excess career, National Union, and its Claims Department, AIG Claims Services, Inc., for its failure to pay the $40,000 excess, over and above the $50,000 that Collier County paid under its self-insured retention. AIG Claims Services was dismissed from the case. The defense interposed by National Union was lack of notice of the claim to the excess career, as well as failure to obtain the excess carrier's consent to the settlement. The Office of the County Attorney and Risk Management Staff believe that the position of Defendant, with regard to failing to obtain the consent of Defendant prior to settlement of the matter, may be a valid defense to this action. Moreover, the Office of the County Attorney and Risk Management Staff believe that the responsibility of giving timely notice, and/or obtaining the consent of Defendant, National Union, to settle the underlying prelitigation, was the responsibility of its then third party administrator. Therefore, it is the recommendation of the undersigned Assistant County Attorney and Risk Management Staff that the $16,000 settlement with the present Defendant is reasonable under all of the circumstances. Additionally, it is anticipated that the County Attorney will pursue litigation against its former third party administrator for additional damages as a result of its failure to give notice and obtain consent of the present Defendant. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: Funds ±n the amount of $16,000 are ava±lable ±n the Property and Casualty Self-Insurers Fund (516). RECOMMENDATION: That the Board of County Commissioners approve a settlement with the principal terms set forth in this Executive Summary. Prepared by: William E~. Mountford Assistant County Attorney Reviewed and Approved by: ¢C-~avid C. WeigH' County Attorney Reviewed and Approved by: J~r~'~ Wilker, Director Risk Management Department Date: H:XPublicXlhtigatio~\Open CasesXNational Union.AIG,CouglinXE, XECUTIVE SUMMARY.doc 2 SEP 1 1 2001 EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance manufacturing facilities for Naples Lumber & Supply Company (Naples Lumber). OBJECTIVE: To accomplish the necessary approvals to authorize proposed revenue bond issues by the Collier County Industrial Development Authority to be used to finance manufacturing facilities for Naples Lumber & Supply Company (Naples Lumber). CONSIDERATIONS: The Industrial Development Authority has been requested to issue its bonds to finance certain qualifying manufacturing facilities. Naples Lumber, as owner, proposes to borroxv approximately $3.5 million to construct and equip the new plant facilities. Located at 3828 Radio Road, Naples Lumber is a manufacturer of trusses, doors, mouldings, cabinets, and other wood products, and a retailer of building materials.. The company was founded in 1971 by local owners xvho have been in the building supply business locally since the 1960's and has grown to about 147 employees. It has approximately $30 million in annual sales The purpose of the financing is to demolish all but two of the existing 13 buildings on the site, and construct and equip a new facility which will consist of two new buildings that will house the manufacturing, lumber storage, and offices/showrooms. The company estimates that the expansion will create an additional 37 jobs. The Authority met on August 28, 2001 in an advertised public hearing to preliminarily consider the proposal, and heard a presentation from the Company. At the conclusion of the meeting the Authority adopted a preliminary approval resolution (Resolution 2001-03). In addition to Authority approval, federal tax law requires that the County Commission, as the local governing body, must also approve the issuance of the Bonds. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A resolutions for the Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower. Neither the County, the Board, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The Bonds are not liabilities of the County, and the County is not liable for payment in any way. On the other hand, the issuance of bonds for manufacturing facilities has a positive fiscal impact on the community, and the sta :utes authorizing NO. SE," 1 1 ~0~ P~. the Authority to issue such bonds declare that such issuance is for a public purpose. The issuance of these bonds will have no impact on the County's ability to issue "bank-qualified" debt for the remainder of 2001. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth managernent consequences. The facilities are located in the unincorporated area of the County and are subject to the LDC, the Growth Management Plan, concurrency requirements, and the payment of impact fees. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. ~"~nald A. Pickworth,,~ounsel Collier County Industrial Development Authority Approved by: D~vid C. Weigel, County Attorney -2- AC~NDA Il'EM SE? I I 2001 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE OF INDUSTRIAL REVENUE BONDS IN ONE OR MORE SERIES IN THE PRINCIPAL AMOUNT OF NOT EXCEEDING $3,500,000 BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. WHEREAS, on August 28, 2001 a public hearing was held by the Collier County Industrial Development Authority (the "Authority") with regard to the issuance of the Authority's Industrial Development Revenue Bonds (Naples Lumber & Supply Co., Inc. Project) in one or more series in the principal amount of not exceeding $3,500,000 (the "Bonds")pursuant to a notice thereof published in the Naples Daily News, a copy of the Affidavit of Publication ~oeing attached hereto as Exhibit"A"; and WHEREAS, at the conclusion of said hearing the Authority adopted its Resolution No. 2001-03, a copy of xvhich is attached hereto as Exhibit "B", approving the issuance of the Bonds: and WHEREAS, the proceeds of the Bonds will be used by the Authority to make a loan to Naples Lumber & Supply Co., Inc. (the "Borrower") to finance the cost of acquisition, construction and equipping of a lumber supply and wood products manufacturing facility to be bwned and operated by the Borrower and located at 3828 Radio Road, Naples, Florida, within Collier Count~, Florida (all of the property financed with proceeds of the Bonds being owned and operated by the Borrower);and WHEREAS, the Bonds will not be an obligation of the County, and will be payable solely from funds of the Borrower; and WHEREAS, pursuant to the requirements of the Internal Revenue Code of 1986, as amended (the "Code"), as a prerequisite to the issuance of the Bonds, it is necessary that the Board of County Commissioners of Collier County, Florida approve the issuance thereof after said public hearing; and WHEREAS, the Board of County Commissioners desires to evidence approval of the issuance of the Bonds to satisfy the requirements of the Code. NOW, THEREFORE, be it resolved by the Board of County CommLssioners of Collier County, Florida that: Section l. The Board of County Commissioners hereby approves the Bonds solely for purposes of Section 147(f) of the Code and Section 159.4! Statutes. issuance of the NO._ l~__( SEP i 1 2001 Section 2. The Bonds shall not constitute a debt, liability or obligation of Collier Count3,, Florida, its Board of County Commissioners, or any officers, agents or employees thereof, or of the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County, Florida, the State of Florida or any political subdivision thereof is pledged to payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board of County Commissioners of Collier County, Florida or any officer, agent or employee thereof shall be liable personally on the Bonds by reason of their issuance. Section 3. This approval shall in no way be deemed to abrogate any saws, ordinances, or regulations of Collier County, Florida, and any and all projects contemplated to be financed with the Bonds shall be subject to all such regulations, including, but not limited to, the Collier County Growth IVlanagement Plan, all concurrency requirements contained therein, the Collier Count. Land Development Code, and all applicable impact fee regulations. Section 4. If any Section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such Section, paragraph, clause or provision. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED and Adopted this 1 lth day of September, 2001. ATTEST: COLLIER COU~'NTY, FLORIDA BY Dwight E. Brock, Clerk ITS BOARD OF COUNTY COIvlMISSIONERS By: Deputy Clerk [SEAL] James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency: David C. WJigel, County At~j~yy ~ AGENDA ITEM --, NO. SEP 1 1 2001 NapLes DaiLy News HapLes, FL 34102 Affidavit of Publication Naples Daily News PICKgORTN, OONRLO P.A. 5150 TAHIAH! TRLN #602 HAPLES FL 34103 REFERENCE: 010784 583008~5 NOTICE OF SPECIAL HE State of FLorida County of Collier the undersigned authority, personally 8efor~ ...... rvant who on oath says.tha~ appearea Rnge?.~'~_C..~o.~-Af the Haoles ua~y serves as' Assls:an: ~eur~o-~- - Neas~ a daily newspaper published at NapLes~ in unt FLorida: that the . CoLL~er Co y, . . ' in sa~d attached copy of advertqsmg ~as pubLqshed newspaper on dates Listed. Affiant further says that the said Naples Daily s ns a newspaper published at HapLes, in said Ne~4 ' . ..... and that the said Collier co~n[y! ~[~ ~n continuously newspap . .~ ~-,,;-~ CountY- FLorida, each pubLls~ ....... ~ as second class day and nas Deer eH~=- · the DSt office in Haples, in said matter a~ - P -,--~da for a period of ~ year ~er co~y/ r~, · Call' . ......... ~Lication of the r~..'Y preceding ?e_~r[~ ~::nt' and affiant ~ :chad copy aT a~ver:~sem~ · . sa s that she has neither paid nor ~er Y ........ noratton any :: ~ised any. person, T[~,~ ;;r;efund for the discount~ rebate, ¢omm~ua~ purpose of securing this advertisement for pubLiction in the said newspaper. pUBLISHED-ON: wrl-tten: commenfs calved In advance o~ hearing ohd o[al .com- lng u-~ consideration of the Au, lhorlW and wilt not bind ilqe Authorth/, I Co les of the oPP[ P r flnonclng ore' tons f? ._. ~sneotlon avaltame.,_'.u~ '{~' office and co~.Y_~^r~ic Develop- Of the i::~.u.~-.;. ..+ ment Council ~,=~ ave ab.~_:,~,~ any person .d.e~ clde::~:~ ~l.~a-,-~b~/. slop .[ ~.- ~,~e~'to' auihorlt~ Wlth ~-?'-~-ed ot ma er cons~. any -~-- ~UCh person such .h?o ~,~-~..~ord of the wllt ne .... e purp. o_s~ ~ t~ur&thot a fT~QV r~c u verbOttl~ reCo~.d of ~e rocee lings is mooe~ ,P~,~ch i ,cord tnclud.e.s th?_ ;*o'~me ~; and evme.nc, e_~ ~¥~"~ ~eC~ the appea, to be b In ac :ordance with the Amerlc :ns with Disabili- ties Ac L persons ne.ed!ng . accommoaanon " a spec al ecn'- ~ art clpote l.n thls_h i;,;ash u[d canmct ~.' -PI :kworth,., G~,e,n~e~r~a~ rio ickier Trion .~ to the hearing, This notice is given pur- suant to SeCtion 147(f1 of the Interna[ Revenue "ode as amended. Generat Counsm ~3 No. ~073084 AD SPkCE: 126.000 INCH os/ /m ..... FILE~ ON: . ~ [ __ Signature o, A~_~ sworn to and ~i s Subs , PersonaLLy known by me sPECIAL pUESLIC~ Notice ts ~hot the dustrlOl I Authorl~ : W") w 1[ c cia/ meetb heC~'tng o 2001, at Il: Econom$c Counclt of conferenC North Ho Suite· 120, da~ 34~04, es ot rING AND ARING · by Given '~.(~ur~v In- ,etopment -AuthOH- uct a sp..e- and put~[Ic August 28/ a.m. In the evelopment liter Cour~ ~oom, 3050 shoe Drive, 3pies, the purpOs- olio the of )ntis . Re~ (,Nap to ptn~g Dna to & Nople The adap- (It) n relOt- tlng once of Ig such come t~oHb/.. invited ~_ lien CO mKi-ienl~ he~lng~ eith 3ersono~Y or through tt re~resem tatlve, a~ ' be given o~ oppo~nl :o express their vle~ :o~cern[ng ~e p~ole~ the les[Hng TM In advance the nearing may send s commen~ DeVelOp-~ c Deve~ o EconOmt c/ . ~_,.clt 3050 ~'34104 suSAN D. FLORA EXHIBIT A TO BCC RESOLUTION AGENDA ITEM-, NO. _ L(o.L_~_~._~~-_ S£,'') i 1 2001 Execution Copy RESOLUTION 2001-.__O 3 A RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WTrH RESPECT TO THE ISSUANCE OF ITS NOT TO EXCEED $3,500,000 INDUSTRL&L DEVELOPMENT REVENUE BONDS (NAPLES LUMBER & SUPPLY CO., INC. PROJECT) IN ONE ORE MORE SERIES FOR THE PURPOSES OF FINANCING A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING AND EQUIPPING A LUMBER SUPPLY AND WOOD PRODUCTS MANUFACTURING FACILITY TO BE OWNED AND OPERATED BY NAPLES LUMBER & SUPPLY CO., INC.; AUTHORIZING THE EXECUTION AND DELIVERY OF A MEMORA.~UM OF AGREEMENT BY AND BETWEEN THE AUTHORITY AND THE CORPORATION; AND PROVIDING FOR RELATED MATTERS. WHEREAS, Naples Lumber & Supply Co., Inc, a Florida corporation (the "Corporation"), has applied to the Collier County Industrial Development Authority (the "Authority"), to issue its private activity revenue bonds in the initial aggregate principal amount of not to exceed $3,500,000 in one or more series (the "Bonds") for the principal purpose of financing certain costs of &cquisition, construction and equipping ora lumber supply and wood products manufacturing facility (the "Project") to be owned and operated by the Corporation; and, WHEREAS, the Corporation has requested that the Authority loan the proceeds of the Bonds to the Corporation pursuant to Chapter 159, Parts II and 111, Flor/da Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing; and WHEREAS, on August 28, 2001 the Issuer conducted a public hearing as required by Section 147(0 of the Internal Revenue Code of 1986, as amended, with respect to the issuance of the aforementioned bonds; and WltEREAS, the issuance of the Bonds under the Act in one or more issues or Series in such amounts of tax-exempt and/or taxable bonds not exceeding an aggregate principal amount of $3,500,000 and the loaning of the proceeds thereof to the Corporation to finance a portion of the costs of the Project under a loan agreement or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Author/ty, will assist the Corporation and promote th, public r)urposes provided in the Act; and AGENDA IIF_M EXHIBIT B TO BCC RESOLUTION SE[' I 1 2001 Pg.-- ~ WHEREAS, the Corporation has submitted a Memorandum of Agreement (the "Memorandum of Agreement") relating to the issuance of the Bonds and the payment of costs and expenses of issuance; and WHEREAS, in order to satisfy certain of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provides a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of such Bonds and the location and nature of the Project, as more particularly described in the notice of public hearing attached hereto as Exhibit A; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Corporation; NOW, THEREFORE, IT IS DETERMINED AND RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution, hereinafter called "Resolution" is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Corporation to proceed with the financing and refinancing of a portion of the costs of the Project and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available to finance and refinance a portion of the costs of the Project, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida, including the Internal Revenue Code of 1986, as amended and this Resolution, but subject in all respects to the terms of the Memorandum of Agreement hereinafter referred to. SECTION 3. APPROVAL OF THE FINANCING. The financing of a portion of the costs of the Project by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will thereby serve the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Corporation meeting the conditions set forth in the Memorandum of Agreement to the sole satisfaction of the Authority. SECTION 4. EXECUTION AND DELIVERY OF MEMORANDUM OF AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and di~ for and on behalf of the Authority, the Memorandum of Agreement between the 'uth~~l~_l~ ..... SE? i 1 2001 Corporation providing understandings relative to the proposed issuance of the Bonds by the Authority to finance a portion of the costs of the Project in an aggregate pr/ncipal amount not to exceed the lesser of (a) $3,500,000 or (b) the amount determined by the Authority and, the Corporation to be necessary to accomplish the foregoing. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby preliminarily determines to issue the Bonds, if so requested by the Corporation and subject in all respects to the conditions set forth in the Memorandum of Agreement attached hereto, in one or more issues or Series of such revenue bonds in an aggregate principal amount not to exceed $3,500,000 for the principal purpose of financing a portion of the costs of the Project as described in the Memorandum of Agreement. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Memorandum of Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Memorandum of Agreement authorized hereby. The Chairman and the Vice-Chairman are hereby jointly and severally authorized and directed to execute a State of Florida Division of Bond Finance Notice of Intent to Issue Bonds and Request for Written Confirmation (Form BF-2006-G) in any amount requested by the Corporation not in excess of $3,500,000, and to deliver the same to bond counsel for filing with the State Division of Bond Finance. SECTION 7. OFFICIAL ACTION. This resolution is an Official Action of the Authority ~oward the issuance of the Bonds, as contemplated in the Memorandum of Agreement and a Declaration Official Intent of the Authority, within the contemplation of Section 1.150-2 of the Mcome Tax Regulations to permit the Corporation to .use the proceeds of the Bonds to reimburse itself for certain expenses originally paid in connection with the Project. SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the state of Florida or any political subdivision or agency thereof but shall be payable solely fi-om the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into by and between the Authority, the Corporation prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval of any necessary rezoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any fight of Collier County or to have estopped Collier County fi.om asserting any fights or responsibilities it may have in that regard. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately. 3 AGENDA ITEM -- SE2 1 I 2001 pg. ¢~' ADOPTED this 28th day of August, 2001. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (9'~1) 263-8060 DONALD A. PICKWORTH, P.A. SUITE 602 NEWGATE TOWER 5150 ~'ORTIt T. AMIA~Z TE~rL ~APLES, FLORIDA 34103 August 29, 2001 (940 598 - 1161 David C. Weigel, Esquire Collier County Attorney Collier County Courthouse/Bldg F Naples, FL 34112 Re: September 11, 2001 Agenda Dear David: In accordance ~vith our previous discussion, I am enclosing the following documents for ": inclusion in the September I 1, 2001 Agenda: _: With re~ard to the Collier County Educational Facilities Authority: ', ;- 1. Executive Summary relating to approval of Educational Facilities Authority Bonds for - -: educational facilities owned and operated by International College. 2. Resolution to be adopted by the Board of County Commissioners at the Board meeting of _-September 11,2001 approving the Bonds, including exhibits consisting of Affidavit of Publication and Resolution adopted by the Authority. With reaard to the Collier County Industrial Development Authority_.-.- 1. Executive Summary relating to approval of Industrial Development Authority Bonds for manufacturing facilities owned and operated by Naples Lumber Co. 2. Resolution to be adopted by the Board of County Commissioners at the Board meeting of September 11,2001 approving the Bonds, including exhibits consisting of Affidavit of Publication and Resolution adopted by the Authority. Since we have been placing these items on the Consent Agenda recently, I would request that this also be on Consent. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. AGENDA ITEM SEP J 1 2001 Pg. lO EXECUTIVE SUMMARY AUTHORIZE APPLICATION FOR TAX DEEDS FOR 7 COUNTY-HELD TAX CERTIFICATES ON PROPERTY ASSESSED IN EXCESS OF $5,000, AND AUTHORIZE NOTICE TO PROCEED TO THE TAX COLLECTOR OBJECTIVE: That the Board authorize the County's application for tax deeds for a total of 7 county-owned tax certificates, pursuant to § 197.502(3), Fla. Stat., and authorize the forwarding of a Notice to Proceed with tax deed applications to the Tax Collector. CONSIDERATIONS: As fully outlined in the attached memorandum, the Board is statutorily required to provide the Tax Collector with a Notice to Proceed in order to make application for Tax Deeds for all tax certificates held by the County, except deferred payment tax certificates. Pursuant to § 197.502, Fla. Stat., the County must make application for tax deeds on those properties with an assessed value of more than $5,000.00. On March 13,2001, the Board approved a Notice to Proceed in order for the County to make application for Tax Deeds on all county held tax certificates for 1997 and 1998, which amounted to 523 certificates. Tax Deed Applications and Tax Deed Sales have been made and continue to be made on these certificates. The County currently holds four hundred and fifty-five (455) 1999 tax certificates which are eligible for tax deed application. All but seven of the 1999 county tax certificates concern properties with an assessed value less than $5,000.00. Consequently, tax deed application on these properties is discretionary with the County. It is anticipated that this number will be reduced to approximately 270 as a result of other certificate holders applying for tax deeds. Because application by the County on these certificates is discretionary by law, and many of these certificates will be recovered due to the application by other certificate holders in the following months, it is recommended that the County move forward with the seven mandatory certificates and review the discretionary certificates after January 1, 2002. The costs associated with the tax deed application process, which includes application through issuance of a tax deed, amount to approximately $340 per property. These costs are itemized in the attached memorandum and reflect a decrease of approximately $75.00 per title search to be performed upon issuance of the Notice to Proceed. Should the County make application on these 7 properties, the cost would be approximately $2,380.00. There are sufficient funds available in General Fund for tax deed applications. The Board has been and will continue to be reimbursed for all costs and delinquent taxes plus interest on all county tax certificates when the property is sold at public sale. It is important to note that the County recovers not only the specific year of taxes when a tax deed is sold, but also recovers all subsequent years of taxes for those properties (since it is a re( uirement of the sale) plus interest at the rate of 18% on the delinquent taxes. For example, if ta AGENDA ITEM ---') NO....~~ SEP 1 1 2001 Pg. Executive Summary 1999 County Tax Certificates Page 2 1997, 1998, and 1999 the minimum bid at the Tax Deed Sale will include the taxes for all three years, even though the County had only initiated the notice to proceed for the 1997 Tax Certificate. However, there exists the possibility of no bidders at the tax sale, in which event, no sale is had and the property is placed on a list entitled "Lands Available for Taxes." The County recovers none of its costs until the property is purchased. The County may, during the ninety days after the public sale, purchase the property. And if the property is not purchased within three years after the date the property was offered for public sale, title to the property will escheat to the County and all tax certificates and liens will be canceled. FISCAL IMPACT: The application costs for tax deed on these seven certificates will be approximately $2,380.00, and no budget amendment is anticipated. Funds will come from General Fdhd - Other General Administration budget. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize a Notice to Proceed to the Tax Collector for Tax Deed Applications for all county-owned 1999 Tax Certificates for property assessed in excess of $5,000. / Prepared by: Ellen T. Chadwell Assistant County Attorney Approved_b ~o (>.,X~v i~d C. We~gel County Attorney Date: h:gail/earlene/tax deed applications/1999certificates/ex summary S£P I 2001 MEMORANDUM DATE: TO: FROM: RE: August 28, 2001 Board of County Commissioners Ellen T. Chadwell, Assistant County Attorney?~/ County Held Tax Certificates; September 11, 2001 BCC Agenda Real estate taxes are payable on November 1 of each year and, if not paid by April 1 of the next year, the taxes become delinquent. The Tax Collector, after publication of the Delinquent Tax List, conducts a sale of tax certificates on the delinquent tax parcels. Section 197.432, Florida Statutes, provides that if there is no buyer of a tax certificate, the tax certificate is issued to the county at the maximum rate (18%) of interest. Section 197.502, Florida Statutes, states that the County shall make application for a tax deed on all certificates on property with an assessed value of $5,000.00 or more 2 years after April 1 of the year of issuance of the certificates. The Florida Statutes also set forth a limitation on liens of tax certificates and provide that after the expiration of 7 years from the date of issuance of a tax certificate, if a tax deed has not been applied for and there is no other administrative or legal proceeding of record, the tax certificate shall be null and void and the Tax Collector shall cancel the tax certificate. On March 13, 2001, the Board of County Commissioners approved making Tax Deed Application for all tax certificates held in the name of the County for 1997 and 1998 for a total of 523 certificates. All but of a few of these tax certificates were discretionary as to the Board's application for tax deed. Tax Deed Applications and Sales have been made on these tax certificates and continue to be held on these tax certificates. Due to the enormous quantity of certificates, it is not anticipated that these applications can be processed by the Tax Collector's office and the Clerk's office before January of next year. On August 21,2001, the office of Collier County Tax Collector, provided the Board of County Commissioners with a listing of all 1999 Tax Certificates held in the name of the County which certificates were eligible for tax deed application. The Tax Collector has requested that the County proceed with the tax deed application process before the end of the year. While the statute mandates the application for tax deed by the County on those properties valued in excess of $5,000, and states that such application "shall be made 2 years after April 1 of the year of the issuance of the certificates," s. 197.502(3), Fla. Stat., it does not specify that the County must make application within a certain time frame. The listing of 1999 county-owned tax certificates contains approximately 455 certificates which are currently eligible for tax deed sale. Only 7 of these certificates concern property with an NO. SEP 1 1 2001 Pg. August 28, 2001 Board of County Commissioners County Held Tax Certificates Page 2 assessed value of $5,000 or more, and are therefore mandatory. The total cost of applying for tax deeds on these 7 properties is minimal and amounts to approximately $2,380.00. Moreover, the small number of these certificates insures that they can be processed expeditiously. Of the remaining 448 certificates, it is anticipated that approximately 40 percent will be the subject ora tax deed application by a private certificate holder. This would still leave a large number of certificates, approximately 270, for the Board's consideration. The cost of tax deed application on 270 certificates is approximately $91,400. The statutory procedure for the County to make application for Tax Deed is as follows: a) The Tax Collector gives Notice to the Board of all tax certificates held by the County which are now subject to tax deed application. Pursuant to Section 197.502, Florida Statutes, we are concerned with only tax certificates held by the County for more than 2 years, which in this case are the 1999 tax certificates. b) The Board of County Commissioners gives written Notice to Proceed to the Tax Collector to proceed with a Tax Deed Application for the tax certificates held by the County, accompanied by a check in the amount ors 125.00 per certificate for title search, and pursuant Section 197.502, Florida Statutes, the Tax Collector shall be allowed a tax deed application fee of $15.00 per certificate. c) The Tax Collector files the application for Tax Deed with the Clerk on behalf of the County. d) The County deposits the following fees and costs with the following entities when the Notice to Proceed is given to the Tax Collector: 1) Tax Collector - $125.00 per tax certificate for title search. 2) Tax Collector's Application Fee - $15.00 per tax certificate. 3) Clerk - Fees for processing the application after the title search is completed by the Tax Collector: a) Clerks Fees - $ 60.00 per parcel for processing application (includes sale, issuance of Tax Deed, preparation of Deed and disbursement of funds). b) Advertising Cost - approximately $100.00 per parcel. c) Mailing Costs - approximately $20.00 per parcel. d) SheriffService - $20.00 --40.00 per parcel. AG~NI~A II'EM No. SEP I 2001 Pg. ~ August 28, 2001 Board of County Commissioners County Held Tax Certificates Page 3 e) g) h) Total fees per parcel are approximately $ 340.00. The Tax Collector prepares and furnishes to the Clerk for each parcel a certificate showing a list of all tax certificates owned by individuals, all county owned tax certificates, all omitted years' taxes and the amount of interest earned by each tax certificate or omitted years' taxes as of the date of the tax deed application. Upon receipt of a completed tax deed application, the Tax Collector shall have an abstract or title search made which provides the ownership and encumbrance reports for a minimum of 20 years for each parcel, a list of all tax certificates and omitted years' taxes on each parcel of property, and the names and addresses of all persons or ftrms that the Clerk is required to notify prior to the tax deed sale. Delivering and Posting of Notices of the Tax Deed Sale. A Public Tax Deed Sale is then held: 1) A Tax Deed is issued immediately upon receipt of full payment of all applicable fees, costs, the amount of taxes owed, interest on the taxes, and all tax collector's fees. 2) If no bids are received at the Tax Deed Sale, then the property goes on a "List of Lands Available for Taxes". 3) The county can purchase the property on the "List of Lands Available for Taxes" after 90 days, for the opening bid amount. 4) If the property on the "List of Lands Available for Taxes" is not purchased after 3 years, then the land escheats to the County and becomes County property. i) The Clerk immediately disburses the monies collected from the tax deed sale to the Tax Collector. The Tax Collector then issues checks to the Board of County Commissioners for reimbursement of the costs and the taxes recovered less the Tax Collectors fee, plus the 18% interest on the tax certificates. As noted above, the County will not recover its costs, unpaid taxes or interest on its tax certificates, if the property is not sold at public sale or at some time before escheature to the County. Historically the number of properties not sold at public sale has been insignificant. For example, of the 1996 county tax certificates (163) for which tax deed application was made, only two were unsold and are currently listed on the Lands Available List. However, four of the seven AGENDA ITEI'M 2_% SEP I I 2001 August 28, 2001 Board of County Commissioners County Held Tax Certificates Page 4 properties for which tax deed application is being requested have non-ad valorem assessments in excess of the assessed value of the property and may not be purchased at a public tax deed sale. Due to the fact that the processing of all or a large portion of the 1999 certificates is not likely to proceed until winter of next year, will require funds in excess of $90,000 (and the current budgeted amount) and considering the County's statutory obligation to apply for tax deed on these seven properties, and the small number and cost associated with tax deed application on these mandatory properties, the Board of County Commissioners should authorize tax deed applications for the seven (7) County-held 1999 tax certificates for properties valued above $5,000, defer consideration of the remaining 1999 tax certificates until the beginning of 2002, and take appropriate action to provide the Tax Collector with the Notices to Proceed. /ETC cc: Guy Carlton, Tax Collector h:earlene/tax deed applications/1999certificates/memo to BCC AGEN~ S£p 1 I 2001 EXECUTIVE SUMMARY TO ADOPT A RESOLUTION FORMALLY ACCEPTING A CERTAIN PARCEL OF LAND PREVIOUSLY CONVEYED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY. OBJECTIVE: To adopt a resolution formally accepting a certain parcel of land previously conveyed by the Florida Department of Transportation within the unincorporated area of Collier County. CONSIDERATIONS: The land, more particularly described in Exhibit "A", attached to the Resolution, was previously conveyed by the Florida Department of Transportation through the recording of a right-of-way map on December 19, 1980, in Road Plat Book #2, Page 21. At that time, all rights, title and interest in the property was transferred to Collier County. Formal acceptance of this property by the Board of County Commissioners through the adoption of a Resolution will further document in the public record the ownership of this parcel by Collier County. Since such conveyance by the Florida Department of Transportation, the County has continually maintained and utilized this land for public purposes, including providing public parking. The adoption of this Resolution in no way affects the right, title and interest of Collier County in this parcel of land. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution, thereby formally accepting the property described in Exhibit "A" to the Resolution. -E-~eh T. Chadweh - Assistant County Attorney Toni Mott, Supervisor Real Property Management Department APPROVED BY' · ' '~ m~strator Leo (Jchs, Public-Se ,rvjce Adm' ' . APPROVED BY: David C. Weig~'~l, C~ty Attorney H:\Public\Ellen\Executive Summary (parcel of land) 8-24-01 .doc Date: Date: Date: AGENDA ITEM , NO.../t3(X ) ~ SEPll 2001 2 3 4 6 '7 g 9 1! 12 13 16 17 [9 20 2! 22 23 24 '2_5 26 25 29 3O 3[ 32 33 34 36 37 35 39 40 41 42 43 44 45 46 47 RESOLUTION 2001-_ RESOLUTION FORMALLY ACCEPTING A CERTAIN PARCEL OF LAND PREVIOUSLY CONVEYED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY. WHEREAS, a certain parcel of land in unincorporated Collier County more particularly described in Exhibit *'A' attached hereto, was conveyed to Collier County by the Florida Department of Transportation on December 19, 1980 in Road Plat Book 2, Page 21; and WHEREAS, this parcel of land has been maintained and utilized by Collier County for public purposes since such time; and WHEREAS, the formal acceptance by resolution of the Board of County Commissioners will further document the ownership of this parcel by Collier County and facilitate any future conveyance of this parcel by the recording of said resolution; and WHEREAS, the Board of County Commissioners has determined that it is in the public interest to accept the conveyance of this parcel through formal resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. All title rights and interest to this certain parcel of land more particularly described in Exhibit "A" attached hereto and made a part hereof, is hereby formally accepted by the Board of County Commissioners. · arcel constitutes a portion of the road, street and highway conveyed by the '~ That said p - '~ o '~ 1 Florida Department of Transportation by right-of-way map recorded at Road Plat Book -, Pa=e - . 3. Collier County may continue to utilize and maintain this parcel of land for public purpose. This Resolution is hereby duly adopted after motion, second and majority vote favoring its adoption. DATED this day of September, 2001. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk By: JAMES D. CARTER, Ph.D., Chairman 48 49 50 51 52 53 54 55 56 57 Ara51'oved as to form and legal sufficiency: -'"~llen T. Chadwell, Assistant County Attorn y H:\Public',,EIIcnXRESOLUTION 2001 .doc AGENDa, FrEM NO. SEP 1 1 2001 Pg. o~ EXHIBIT "A" LEGAL DESCRIPTION Beginning at the Northeast corner of Lot 6, Block "A" of Baker-Carroll Point Unit No. 2 (Plat Book 8, Page 62); then North 89° 51' 17" West a distance of 217.29 feet; thence North 14° 48' 17" West a distance of 41.40 feet; thence South 89° 51' 17" East a distance of 217.29 feet; thence South 14° 48' 17" East to the Point of Beginning. AGENDA ITEM NO. _,,"~~ SEP 1 1 2001 P~.. 7 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETTLEMENT IN KELLY v. COLLIER COUNTY, PRE-LITIGATION BUT AFTER NOTICE OF CLAIM, PURSUANT TO WHICH THE COUNTY wOULD PAY $15,000 AND ALL CLAIMS AGAINST THE COUNTY WOULD BE RELEASED. SAID $15,000 SETTLEMENT WAS ARRIVED AT DURING SETTLEMENT NEGOTIATIONS AND PRIOR TO THE INSTITUTION OF SUIT. OBJECTIVE: That the Board of County Commissioners approve the settlement in Kelly v. Collier CototQ', prelitigation, but after Notice of Claim, pursuant to which the County would pay $15,000 and all claims against the County would be released. Said $15,000 settlement was arrived at during settlement negotiations and prior to the institution of suit. CONSIDERATIONS: At 3:30 p.m. on October 29, 1998, Claimant Kelly, the seat-belted driver of a van, was proceeding on Pebble Beach Boulevard, at the intersection of Bay Meadows Drive. The van's left front wheel struck a sanitary sewer hole cover that was either partially off or came off upon contact. The sanitary sewer cover struck the van causing the van to go out of control and strike a palm tree in the front yard of an adjoining property owner. Investigation disclosed that the sanitary sewer cover was found in the front yard of an adjoining property. Collier County EMS removed Kelly to the Naples Community Hospital. The van was totaled as a result of the accident. The available medical records disclosed that Kelly sustained a closed head injury and mild post-concussion syndrome, cervical sprain, myofacial pain, cervical spasm and mixed headache disorder. The medical report also surmised a mild C5-6 disc protrusion with nerve root involvement. Additionally, there was a finding of lumbosacral strain, lumbar facet syndrome and L4-5 disc protrusion with right, more than left, L-5 nerve root involvement. At the time of the accident, the claimant was 70 years of age. The property damage to the van was approximately $5,000 and medical bills were approximately $8,000. On October 30, 1998, the area around the manhole was repaired. Based upon the fact of Claimant Kelly's injuries, along with the nature of the happening of the accident, as well as the property damage and medical bills, a $15,000 settlement is reasonable under all of the circumstances presented. This is especially so in light of the fact that it is prelitigation and would result in substantial savings of litigation expenses. Of course, said settlement is subject to Board approval. GROWTH MANAGEMENT IMPACT: None SEP 1 1 2001 FISCAL IMPACT: The settlement offer recommended by staff amounts to $15,000. Funds are budgeted and available in the Risk Management Property and Casualty Fund. The settlement will result in a substantial savings of future litigation costs, as well as the probability of a much higher jury award. RECOMMENDATIONS: That the Board of County Commissioners approve a settlement with the principal terms set forth in this Executive Summary and authorize the Chairman of the Board of County Commissioners to execute all necessary settlement documents. Prepared by: , /~;,liam~'Mountfo~tI ~ /~ ~ Assistant County Attorney Reviewed and Approved by: ~'~d C. Weigel, C/ouh~'y Attorney __.Date: Reviewed and Approved by: .Jeffr'e~ Walker, Director Risk Management H:\Public\Litigation\Open Cases\Kelly v. CC\Executive Summary.doc AGENDAITEM -- SEP 1 1 2001 Pg. _ ~ SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SET[LEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the "Agreement and Release") is entered into and made on this ~ day of ,2001 by and between Robert A. Kelly (hereinafter referred to as "Plaintiff") and Board of County Commissioners For Collier County (hereinafter referred to as the "County"). WITNESSETH: principals, attorneys, affiliates. WHEREAS, Plaintiff filed a Notice of Claim against the County; and WHEREAS. Plaintiff and the County, without either of them admitting any liability or fault, desire to searle this Claim and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incident described or allegations made in the Claim against the County; and WHEREAS, Plaintiff and the County desire to reduce their seh~lement to a writing so that it shall be binding upon them as well as their respective owners, elected officials, officers, employees, ex-employees, agents, representatives, insurers, spouses, successors, assigns, heirs and AC~NDA LTEM NO. /,~C/-~ ~ SEP 1 I 2001 NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows: 1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Notice of Claim, and for and in consideration of the sum of Fifteen Thousand Dollars ($15,000.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Claim with prejudice. 3. in consideration of the re~olution of the Claim, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of himself, as well as on behalf of his attorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex-employees, agents, attorneys, representatives, successors, assigns, insurers and affiliates from any and ail claims, demands, causes of actions, damages, costs, afrorney's fees, expenses and obligations of any kind or nature whatsoever that he has asserted or could have asserted in the Notice of Claim or that arise from or relate or refer in ~a~y~w.~¥,.,_wh~_eth.~er~.. SEPll 2001 P~. ~ directly or indirectly, to the Claim or any incident, event or allegation referred to or made in the Notice of Claim. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, a~orneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Plaintiff Agreement and the County_ recognize and acknowledge that this and Release memorializes and states a se~lement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liability, or of a particular policy or procedure, on the part of either Plaintiff or the County. 7. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be construed against any party based upon a claim that the party drafted the ambiguous provision or language or that the party benefited by the ambiguous provision or language. was intended to be ~' AGENDA i.T~M NO...,,//~CZ_,) ~ SEP 1 1 2001 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that all underlying causes of action or claims of Plaintiff have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth below, DATED: A1EEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D, Chairman Date: ROBERT A. KELLY, Claimant Date: 4 SEP 1 I 2001 THIS SEI'I'LEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Robert A. Kelly, before me, this day of ,2001. Signature of Notary Public Personally Known or Produced Identification Commissioned Name of Notary Public (Please print, type or stamp) My Commission expires: Type of Identification Produced Approved as to form and legal sufficiency: WILLIAM E, MOUNTFORD Assistant County Attorney h it\Kelly\se~lement agreement & release NO. I~,C~...' ~ SEP 1 1 2001 pg. ? EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 349/349T IN THE LAWSUIT ENTITLED COLLIER COUNTY V. KENNETH CHRISTIE, ET AL., (GOLDEN GATE BOULEVARD, PROJECT NO. 63041) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement designated as Parcel 349/349T for the Golden Gate Boulevard project in the lawsuit entitled Collier Count).' v. Kenneth Christie, et al., Case No. 00-1966-CA. CONSIDERATIONS: On September 14, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of easements for the Golden Gate Boulevard project (Project No. 63041). On September 29, 2000, Collier County deposited with the Registry of the Court the sum of $2300.00 for Parcel 349/349T in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners, Kenneth Christie, Dorothy Christie, Ordene Christie and Ainsley Christie, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-291). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $3,100.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcel 349/349T. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $800.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ~FISCAL IMPACT: Funds in the amount of $800.00 are available in the Road Construction ',~3x impact Fee District 6 Fund. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and direct staff to deposit the sum of $800.00 into the Registry of the Cz urt '^C,F. NDA tmF. NO. j~.[L)'['~, ) SEP 1 1 2001 Pi[. ~ SUBMITTED BY: Heidi F. Ashton Assistant County Attorney REVIEWED BY: A. N. Korti, Project Manager Transportation/ECM Date: REVIEWED BY: Mitch Riley, P.E., Sr. Project Manager Transportation/ECM Date: REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Director Transportation/ECM Norm Feder, Administrator Transportation Division County Attorney Date: 5'// Date: Date: h: Lit\EmDom\ChristicXExSum-P34O-SFJ AGENDA ITEM NO./~ (/")£ O) SEP 1 1 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCU1T IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, petitioner, VS. KENNETH CHRISTIE, et al., Respondents. CASE NO. 00-1966-CA CIVIL ACTION PARCELS: 349 & 349T STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, KENNETH CHRISTIE, DOROTHY CHRIST[E, ORDENE CHRISTIE and AINSLEY CHRISTIE for entry of a Stipulated Final Judgment as to Parcel Nos. 349 and 349T, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, KENNETH CHRISTIE, DOROTHY CHRISTIE, ORDENE CHRISTIE and AINSLEY CHRISTIE, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, KENNETH CHRISTIE, DOROTHY CHRISTIE, ORDENE CHRISTIE and AINSLEY CHRISTIE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Three Thousand One Hundred and No/100 Dollars ($3,100.00) for Parcel Nos. 349 and 349T as full payment for the proper AGENDA I'[EM. No. SEP 1 1 2001 and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel Nos. 349 and 349T; and it is further ORDERED that Petitioner shall deposit an additional Eight Hundred and No/100 Dollars ($800.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; and it is further ORDERED that the Clerk of this Court shall disburse the total amount of Three Thousand One Hundred and No/100 Dollars ($3,100.00) to ORDENE CHRISTIE, 181 Golden Gate Blvd. W. Naples, Florida 34120-2166, less any amounts previously paid for the benefit of Respondents, Kenneth Christie, Dorothy Christie, Ordene Christie and Ainsley Christie; and it is further ORDERED that title to Parcel No. 349 drainage, utility and maintenance easement, and Parcel No. 349T, temporary driveway restoration easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 14, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2684, Page 1058 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 349 and 349T; it is therefore AGENDA. I'l~r.~ SEP 1 1 2001 _ q. ...... DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this_ 2001. _day of Hugh D. Hayes Circuit Court Judge conformed copies to: Heidi F. Ashton, Assistant County Attorney Kenneth and Dorothy Christie Ordene and Ainsley Christie '-' ~: ~ ,. -~7. Fkst Nationwide Mortgage Corporation Collier County Tax Collector t:; --, Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcels 349 and 349T. Dated:_~r' / ~'/~ / KENNETIt CItRISTIE 5095 Palmetto Woods Drive Naples, Florida 34119 Respondent Dated: DOROTlt~ CltRISTI E 5095 Palmetto Woods Drive Naples, Florida 34119 Respondent 181 Golden Gate Blvd. W. Naples, FL 34120-2166 Dated: Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8'~ Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner Dated: 7 / -,~/~,//t xI S[Zy cmusxm 181 Golffen Gate Blvd. W. Naples, FL 34120-216~ AGENDA I'l'EM NO. ~ Pg. ~ PROJECT NO. '' 63041 PROJECT PARCEL NO. 349 (NOT A SURVEY) The North 15 feet of the South 65 feet of the West 105 feet of Tract 109, Golden Gate Estates Unit No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. ',','EST PR ERTY LINE EXISTING RIW LINE (GOLDEN GATE BLVO) SOUTH PROPERTY LINE LINE 105 FEET EJ EI~CPERTy LtN~ 15 FOOT DRAINAGE , UTILITY AND MAINTENANCE EASEMENT iN (EXISTrNG 50 FT. R.,'W EASEMENT) SCALE: 1 inch Collier Counl7 Real Prepe,-q, Managemenl Department SEP 1 1 2001 07~1~J8 42' phi Project: Parcel: Folio: Golden Gate Boulevard 349T 37117000005 EXHIBIT "A" ? ,/ TEMPORARY DRIVEWAY RESTORATION EASEMENT {NOT A SURVEY) The East 30 feet of the West 50 feet of the North 20 feet of the South 85 feet of the West 105 feel of Tract 109, Golden Gate Estates Uni[ No. 11, as recorded in Plat Book 4, Page 103 of the Public Records of Collier County, Florida. AGENDA ITEM NO. ~ SEP 1 I 2001 George Pt~blic Works Engineering Dept. 3301 Tnmiami Trail East N;q~tcs, FL 34112 EXECUTIVE SUMMARY Request by the Collier County Educational Facilities Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for International College. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Educational Facilities Authority to be used to finance educational facilities for International College. CONSIDERATIONS: The Educational Facilities Authority has been requested by International College to issue its bonds to finance the purchase of additional land for the expansion of the college's educational facilities. The proposed purchase is for a 3.5 acre site adjacent to the existing campus on Northbrooke Drive, at a cost of $594,000. In 1999 the Authority issued $4.8 million in bonds to financed the construction of the new facility on Northbrooke Drive, including the construction of a 40,000 square foot building. The additional land is to be used for future expansion of the college. The Authority met on August 28,200l and heard presentations from International College officials. The meeting was noticed by publication in the Naples Daily News. No public comments were received prior to or at the meeting. At the conclusion of the public hearing, the Authority detemfined to proceed with the financing, which involves the issuance of a Bond, secured by a mortgage and a pledge of College revenues. Federal tax law requires two approvals for the issuance of the bonds. First, the Authority must hold a public hearing, and must adopt a resolution in favor of issuing the bonds. This was done at the conclusion of its public hearing on August 28, 2001. Following this approval, the governing body of the jurisdiction must also approve the bond issue. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. As are all revenue bonds of this type, these bonds are based on revenues of the project and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of the Borrower (the College). Neither the County, the Board, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency and will have no impact on the Count; "z -~-:':"' ~^ NO. S£?11 2001 Pg. "bank-qualified" debt for the remainder of 2001. It xvill have a positive economic impact on the community by fostering the community goal of increasing higher educational opportunities. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolution will have no adverse growth management consequences. The facilities are being constructed in accordance with all County growth management regulations, and are subject to the LDC, the Growth Management Plan, concurrency requirements, and the payment of impact fees. The adoption of the resolution xvill have a positive impact by authorizing the construction of higher educational facilities in the County. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Prepared by: ~ j D~n~ld .~. Pic~rt'J~,'rCou~s~l- Collier County Educational Facilities Authority Approved by: David C. Weigel, ~'~unty gd~orney -2- AGENDA ITEM --' NO. 20._ SE? 1 1 2001 RESOLUTION NO. 2001 Collier County, Florida, the State of Florida or any political subdivision thereof payment of the principal of, premium, if any, and interest on the Bond. No member of County Commissioners of Collier County, Florida or any officer, agent or empl shall be liable personally on the Bond by reason of its issuance. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE OF A REVENL3E BOND IN THE AMOUNT OF $594,000 BY THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY. WHEREAS, on August 28, 2001 a public hearing was held by the Collier County Educational Facilities Authority (the "Authority") with regard to the issuance of the Authority's Revenue Bond (International College, Inc. Project) Series 2001 in the principal amount of $594,000 (the "Bond") pursuant to notice thereof published in the Naples Daily News, a copy of the affidavit of publication for such meeting being attached hereto as Exhibit "A"; and WHEREAS, at the conclusion of said hearing the Authority adopted its Resolution 2001- 01, a copy of which is attached as Exhibit "B"; and WHEREAS, the proceeds of the Bond will be used by the Authority to make a loan to International College, Inc. (the "Borrower") to refinance the cost of acquisition of land located contiguous with and east of the Borrower's existing campus located at 2655 Northbrooke Drive, Naples, Florida, within Collier County, Florida (all of the property' refinanced with proceeds of the Bond being owned and operated by the Borrower); and WHEREAS, the Bond will not be an obligation of the CounT, and will be payable solely from funds of the Borrower; and '~¥t-IEREAS, pursuant to the requirements of the Internal Revenue Code of 1986, as amended (the "Code"), as a prerequisite to the issuance of the Bond, it is necessary that the Board of County Commissioners of Collier County, Florida approve the issuance thereof after said public hearing; and WHEREAS, the Board of County Commissioners desires to evidence approval of the issuance of the Bond solely to satisfy the requirements of the Code. NOW, THEREFORE, be it resolved by the Board of County Commissioners of Collier County, Florida that: Section 1. The Board of County Commissioners hereby approves the issuance of the Bond solely for purposes of Section 147(0 of the Code. Section 2. The Bond shall not constitute a debt, liability or obligation of Collier County, Florida, its Board of County Commissioners, or any officers, agents or employees thereof, or of the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of pledged to SEP 1 1 2001 Section 3. This approval shall in no way be deemed to abrogate any laws, ordinances or regulations of Collier County, Florida, and any and all projects contemplated to be financed with the Bond shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan, all concurrency requirements contained therein, the Collier County Land Development Code, and all applicable impact fee regulations. Section 4. If any Section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such Section, para~aph, clause or provision. Section 5. This Resolution shall take effect immediately upon its adoption. PASSED and Adopted this 1 lth day of September, 2001. ATTEST: COLLIER COUNTY, FLORIDA BY Dxvight E. Brock, Clerk ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk [SF A J Approved as to form and legal sufficiency: David C. Weige~7', Co-tfnty-~rney~ James D. Carter, Ph.D., Chain'nan A O-:-:-:-:-:-:-:-:-~N D A ITEIVL SEP 1 1 2001 P~.-- ~ 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 58300842 NOTICE OF SPECIAL NE State of Florida County of Collier Before the undersigned authority~ personally appeared Angels Bryant, who on oath says that she serves as Assistant Secretary of the NaR!es ~aiLy 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 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 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 --~..~her says that she has neither paid nor · -mised any person, firm or corporation any .,'~count, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 08/t3 AD SPACE: 126.000 INCH FILED ON: 08/13/01 ........ +_~__~ Sworn to and 'S~b~cr~bed before me this .~ ~~ Personally known by me lSUSAN D.' F'LORA My Camm Eq). 12/I0~4 No. CC 983546 EXHIBIT A TO BCC RESOLUTION NOTICE OF-~ -T-~verb~m record at th~' SPECIAL MEETING AND jproceedngs Is made PUBLIC HEARING J which record Includes the Notice is hereby given ttesflmony ona evidence thot ~e Collier CourffY In- dustr al Development jto De Dasea. Au~horlt'/ 0he "Aurnorl-J t~") will .c. ondUct, a sp.,e- | In occordance with the' c~oi .meetmg gna ~,u~c, I Americans with Dlsobill. hearing an AuguS.? .'.z; tles Ac~ persons ne.ecllng 2001, at 8:30 a.m.. in tn~ a spec[~i accommoaatlon Economic Develo_pme.n to part c pate In this hear- Council of Collier uo~u.n~ lng should contac~ Donald Conference ~oom, North Horseshoe Drive,, . ~,.u.^,+~ ~.e,~,~l Suite 1'20, Naples, Flon- ~_. c,,,,,,,,~,,,~ ~,,~ ........ suont to Section 147(f) dlscusslon concerning the proposed Issu(~nce ~_of the Authorlty's ..In- the )nternol Revenue · .~.rlu~trlal Develop~ Code, ascmended. Revenue BonUs (l~er- /s/Donald A. PlcKw6rih notional College, Inc. Asslsiont SeccetcF,/ Pro[eot), Series 2001 General Counsel (ihs "Bonds") In the Aug. 13 Ne. 1373174 principal amount of $594,000, TO be used to t oti or opprox)motely 3.$ ocr'es of lend. loom- ed contiguous wh'h and east of ihs existing c~mpus of lnternatlon- a College, [nc, (the "Borrower"), 2655 Northbrooke Drive, Naples, Florida 34~19. The Inltlal owner and operator of the land ac- quired with proceeds of e Bond will be the Borrower, and the Iond will be used by the Bor- rower for its educo. liana purposes; [) considering, adop. r~ o resolution ou-' thorlzlng the Issuance of the Bonds; and 01)) ~Tansactlng such other business as may come before the Au. .Al !?n°trelr~/e'sted.persons ore Invted to suomit wrfleni comments or c~fend the hearing, either personally Or tr~'ough their represen- tative, and will bo given an opportunity to expr.ess the r vieWs concerning the prolect or the financ- Ing. Anyone desiring to mc~,e 'written comme.nts In advance of the hearing may send such comments t°~o er Coun'rv Educa- tional Foci t es Acrrnorl- tV C/O Economic Development Council, 3050 North Horsesh. oe Drive, Suite 120, Naples, Florida 34104 Wrlffen comments re- ceived In odvcmce of the hearing and oral com- ments made ~f the hear- ng ore for the conslder~ton of the Au- thocltY and will not blnCl le AuthorttY, Cople~ of the appllc~- OhS for financing core ,vqllable. for lns~.lon [ncl copying at the oTrlce ,f the Economic Develop- merit Council set forth above. Should any person de- cide to appeal any deci- sion m~de by the Authority with respect to any mOWer considered at such hearing, such person will need a record of the prOCeedings and, for that purpose, such p.erspn may need to ensure 111at o AGENDAITEM SE? I 1 2001 RESOLUTION A RESOLUTION OF THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY AUTHORIZING THE ISSUANCE OF THE AUTHORITY'S REVENUE BOND, SERIES 2001 (INTERNATIONAL COLLEGE, INC. PROJECT) IN THE PRINCIPAL AMOUNT OF $594,000 FOR THE PURPOSE OF PROVIDING FUNDS TO MAKE A LOAN TO INTERNATIONAL COLLEGE, INC. (THE "BORROWER") TO PROVIDE FUNDS TO REFINANCE THE COST OF ACQUISITION OF LAND TO BE OW-NED BY THE BORROWER AND USED AS P,~KT OF ITS EDUCATIONAL FACILITIES; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT, A BOND PURCHASE AGREEMEN'I; A MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT, AN ENVIRONMENTAL INDEMNITY AGREEMENT AND AN ASSIGNMENT OF LOAN AGREEMENT, MORTGAGE, PROMISSORY NOTE AND OTHER COLLATERAL; AWARDING THE SALE OF THE BOND BY A NEGOTIATED SALE; AUTHORIZING THE MEMBERS OF THE AUTHORITY TO TAKE CERTAIN ACTION IN CONNECTION WITH THE ISSUANCE OF THE BOND; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF THE BOND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, International College, Inc. (the "Borrower") has requested the Collier County Educational Facilities Authority (the "Issuer") to assist the Borrower by the issuance by the Issuer of its Revenue Bond, Series 2001 (International College, Inc. Project) in the principal amount of $594,000 (the "Bond") and the loan of the proceeds of the Bond to the Borrower to provide funds to refinance the cost of acquisition of land to comprise part of the educational facilities owned and operated by the Borrower; and WHEREAS, the Issuer and the Borrower have received a proposal from Bank of America, N.A. (together with its successors and assigns as registered owner of the Bond, the "Bank") to purchase the Bond, in the form of a Bond Purchase Agreement to be dated the date of issuance of the Bond (the "Bond Purchase Agreement"); and WTIEREAS, it is necessary and desirable to approve the form of and authorize the execution of a Loan Agreement, a Mortgage, Assignment of Rents and Security Agreement, an Assignment of Loan Agreement, Mortgage, Promissory Note and Other Collateral, an Environmental Indemnity Agreement and the Bond Purchase Agreement, and to specify the interest rote, maturity date, prepayment provisions and other details for the Bond; AGENDA ITEM EXHIBIT B TO BCC RESOLUTION SEPil 2001 Pg. ~ NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY: SECTION 1. AUTHORITY FORTHIS RESOLUTION. This resolution, hereinafter called the "Resolution," is enacted pursuant to Part II, Chapter 243, Flor/da Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms used in this Resolution in capitalized form and not otherwise defined herein shall have the meanings specified in the Loan Agreement attached hereto as Exhibit B, in the Mortgage, Assignment of Rents and Security Agreement attached hereto as Exhibit C and/or inthe Bond Purchase Agreement attached hereto as Exhibit D. Words importing singular number shall include the plural number in each case and vice vema, and words importing persons shall include firms and corporations. SECTION 3. INTERPRETATION. Whenever in this Resolution any governmental unit or body, including the Issuer, or any officer, director, board, department, commission, or agency of a governmental unit or body is defined or referred to, such definition or reference shall be deemed to include the governmental unit or body or officer, director, board, department, commission or agency succeeding to or in whom or which is vested, the functions, rights, powers, duties and obligations of such governmental unit or body or officer, director, board, department, commission or agency, as the case may be, encompassed by this Resolution. Unless the context shall clearly indicate otherwise in this Resolution: (i) references to sections and other subdivisions, whether by number or letter or otherwise, are to the respective or corresponding - sections and subdivisions of this Resolution; (i/) the terms "herein,""hereunde~;" "hereby, .... hereto,"hereof," and any similar terms, refer to this Resolution only and to this Resolution as a whole and not to any particular section or subdivision hereof; and (iii) the term "heretofore" means before the date of adoption of this Resolution; the word "now" means at the time of enactment of this Resolution; and the term "hereafter" means after the date of adoption of this Resolution. SECTION 4. FINDINGS. It is hereby ascertained, determined and declared as follows: A. For the benefit of the inhabitants of Collier County, Florida, the increase of their commerce, welfare and prosperity, and the improvement of their living conditions, it is essential that the inhabitants of said County have access to adequate educational facilities, and the issuance of the Bond will serve a public purpose, consistent with Article VII, Section 10(c) of the Florida Constitution, by advancing higher education. B. The Issuer has been advised that due to the desire to coordinate the sale of the Bond and due to the limited market for tax-exempt obligations such as the Bond, it is in the best interest of the Borrower to sell the Bond by negotiated sale, and the Issuer, wishing to obtain the best interest rate on the Bond for the benefit of the Borrower, has determined to sell the Bond by negotiated sale to the Bank, permitting the A C-;-;-;-;-;-;-;-;-;~N D A ITEM 2 SEP I 1 2001 Pg. '7' Issuer to enter such market at the most advantageous time, rather than at a specified advertised date, and accordingly it is in the best interest of the Issuer that a negotiated sale of the Bond be author/zed. SECTION 5. AUTHORIZATION OF BOND. For the purpose of making the Loan to the Borrower, there is hereby authorized to be issued under this Resolution the Bond in the principal amount of $594,000 and to be designated "Collier County Educational Facilities Authority Revenue Bond, Series 2001 (International College, Inc. Project)" (the "Bond"). The Bond shall be issued as a fully registered Bond, shall be dated as of the date of issuance, shall mature, shall bear interest at the rote and shall have such other terms and conditions, and shall be in the form of, the Bond attached hereto as Exhibit A, with such changes, alterations and corrections as may be approved by the Chairman or Vice-Chairman of the Issuer (the "Chairman"), such approval to be conclusively presumed by the execution thereof by the Chairman. The Bond shall be executed by the Chairman who shall deliver the same to the Bank, upon payment of the purchase price thereof, all as further provided in the Bond Purchase Agreement. The Bond shall be issued on such date as shall be mutually agreed upon bythe Bank, the Borrower and the Chairman. Notwithstanding any other provision hereof, the Bond shall not be issued nor shall any insmanent referred to herein be executed by the Issuer until approved as to form and legal sufficiency by Donald Pickworth, the attorney for the Issuer, who is hereby authorized and directed to review the Bond and all other Bond Documents as to form and legal sufficiency, and to approve the Bond only upon a determination that all such Bond Documents are satisfactory to the Issuer as to form and legal sufficiency. SECTION 6. BOND REGISTER. The Bond shall be registered as to principal and interest in the name of Bank of America, N.A., provided that the Bond may be transferred at the office of the Issuer by surrender of such Bond for cancellation, accompanied by a written inslrdment of transfer, in form satisfactory to the Issuer, duly executed by the registered owner in person or by Ns duly authorized agent, and thereupon the Issuer will issue and deliver to the owner thereof at his expense, in the name of the transferee or transferees, a new registered Bond, having the same terms as the Bond so surrendered. Upon any transfer of the Bond the Issuer will keep or cause to be kept a bond register for the registration and transfer of ownership of the Bond, and, upon presentation for such purpose, the Issuer shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred such Bond on the bond register. In every case of a transfer of a Bond, the surrendered Bond shall be canceled by the Issuer. SECTION 7. MUTILATED, LOST, STOLEN OR DESTROYED BOND. In case the Bond shall become mutilated or be lost, stolen or destroyed, the Issuer shall cause to be executed and furnished to the owner a new Bond in exchange and substitution for, and upon the cancellation of, the mutilated Bond or in lieu of and substitution for such lost, stolen or destroyed Bond. In every case the applicant shall furnish evidence satisfactory to the Issuer of the destruction, thett or loss of such Bond and indemnity satisfactory to the Issuer, and the Issuer shall charge the applicant for the issuance of such new Bond an amount sufficient to reimburse it for any expense incurred by it in the issuance thereof. AGENDA ITEM SEP I I 2001 Pg. SECTION 8. PAYMENT OF PRiNCIPAL AND INTEREST The Issuer shall cause to be paid, when due, the principal of and the interest on the Bond at the place, on the date and in the manner provided herein and in the Bond according to the tree intent and mean/ng thereof; provided, that it is understood that the Bond is not a general obligation of the Issuer but is a limited obligation payable solely from the Loan Payments. The Bond shall not be an obligation of the State of Florida or of any political subdivision thereof, other than the Issuer (lknited as aforesaid), and shall be payable solely from the Loan Payments. SECTION 9. COVENANT TO PERFORM. The Issuer shall faithfully perform at all times all of its covenants, undertakings and agreements contained in this Resolution, in the Bond or tn any proceedings of the Issuer pertaining thereto. The Issuer represents that it is duly authorized under the Constitution and laws of the State of Florida, particularly the Act, to issue the Bond and to adopt this Resolution, and to assign the Agreement, the Mortgage and the Note and pledge the revenues, receipts, proceeds and funds derived in respect thereof, in the manner and to the extent herein set forth as security for the Bond; that all action on its part for the issuance of the Bond and the adoption of this Resolution has been duly and effectively taken; and that the Bond will be a valid and enforceable limited obligation of the Issuer according to its terms. SECTION 10. COVENANT AS TO THE BORROWER. The Issuer covenants that it will fulfill its obligations, and it authorizes the Bank to require the Borrower to perform the duties and obligations of the Borrower, under the Agreement, the Mortgage and the Note. The Issuer shall promptly notify the Bank of any actual or alleged Default of which it has knowledge and shall not execute or agree to any change, amendment, modification or supplement of or to any Bond Document, except as is provided in the Bond Documents. SECTION 11. ENFORCEMENT OF THE AGREEMENT. The Bank may enforce all obligations of the Borrower, and may exercise all rights (except Unassigned Issuer's Rights) of the Issuer under the Bond Documents whether or not the Issuer is in default hereunder. SECTION 12. FURTHER INSTRUMENTS AND ACTIONS. At the request of the Borrower or the Bank, the Issuer shall execute and deliver such further instruments or take such further actions as may be reasonably required to carry out the purposes of this Resolution and the Bond Documents. SECTION 13. AMENDMENTS. No amendment to this Resolution shall become effective unless and until the Borrower and the Bank shall have consented thereto in writing. SECTION 14. EVENTS OF DEFAULT. Each of the following is hereby defined as and declared to be and shall constitute an "Default" hereunder: (a) If payment of any installment of principal or interest on the Bond shall not be made when the same shall become due and payable prior to the expiration of any applicable cure period; or AGENDA ITEM ~, SEP I 1 2001 4 pg. ~ (b) Ifa Default shall lmve occurred under the Agreement and such Default shall not have been waived by the Bank or remedied. SECTION 15. DECLARATION OF PRINCIPAL AND INTEREST AS DUE. Upon the occurrence of a Default and at any time thereafter while such Default shall continue, the Bank may by written notice to the Issuer and the Borrower declare the principal of the Bond, together with all accrued and unpaid interest thereon, if not already due, to be due and payable immediately, and upon any such declaration the same shall become and be due and payable immediately, anything in this Resolution or in the Bond contained to the contrary notwithstanding. SECTION 16. ACTION BY BANK UPON OCCURRENCE OF DEFAULT. Upon the occurrence of a Default and at any time thereafter while such default shall continue, then in every such case the Bank may pursue any available remedy at law or in equity to enforce the payment of the principal of and interest on the Bond and any covenant or agreement contained in this Resolution, or to enforce any other legal or equitable right or remedy vested hx the holder of the Bond by this Resolution or by the Agreement or by said laws. In the enforcement of any remedy under this Resolution the Bank shall be entitled to sue for, enforce payment of and receive any and all mounts then or during any Default becoming, and at any t/me remainNg, due from the Issuer and unpaid for principal, interest or otherwise under any of the provisions of this Resolution or of the Bond, together with any and all costs and expenses of collection and of all proceedings hereunder and under such Bond, without prejudice to any other right or remedy of the Bank, and to recover and enforce judgment or decree for any portion of such amounts remaining unpaid, with interest, costs and expenses, and to collect in any manner provided by law, the moneys adjudged or decreed to be payable. SECTION 17. DISCHARGE OF BOND. If the Issuer orthe Borrower shall pay and discharge the entire indebtedness on the Bond by fully paying or causing to be paid the principal of and interest on the Bond, as and when the same become due and payable and tithe Issuer or the Borrower shall also pay or provide for the payment of all other sums payable hereunder by the Issuer or the Borrower, then and in that case tiffs Resolution shall cease, determine and become null and void as to the Bond. SECTION 18. LIMITED LIABILITY OF ISSUER. Anyttfing in this Resolution or the Bond Documents to the contrary notwithstanding, the performance by the Issuer of all duties and obligations imposed upon it hereby, the exercise by it of all powers granted to it hereunder, the carrying out of all covenants, agreements and promises made by it hereunder, and the liability of the Issuer for all warranties and other covenants hereunder, shall be limited solely to the revenues and receipts derived from the Bond Documents, and the Issuer shall not be required to effectuate any of its duties, obligations, powers or covenants hereunder except to the extent of such revenues and receipts. SECTION 19. NO PERSONAL LIABILITY. No recourse under or upon any obligation, covenant or agreement contained in this Resolution, the Bond, any other Bond Document or under any judgment obtained against the Issuer, or by the enforcement of any assessment or 5 SEP i I 2001 proceeding by virtue of any constitution or statute or otherwise or under any circumstances, under or independent ofth/s Resolution, shall be had against any member, agent, employee or officer, as such, past, present or future, of the Issuer, either directly or through the Issuer, or otherwise, for the payment for or to the Issuer or any receiver thereof, or for or to the holder of the Bond or otherwise of any sum that may be due and unpaid by the Issuer upon the Bond. Any and all personal liability of every nature, whether at common law or in equity, or by statute or by constitution or otherwise, of any member or officer, as such, to respond by reason of any act or omission on his part or otherwise, for the payment for or to the Issuer or any receiver thereof, or for or to the holder of the Bond or otherwise, of any sum that may remain due and unpaid upon the Bond is hereby expressly waived and released as a condition of and in consideration for the execution of this Resolution and the issuance of the Bond. SECTION 20. BOND NOT A DEBT OF STATE OR ISSUER. None of the State of Florida, any political subdivision thereof or the Issuer shall in any event be liable for the payment of the principal of or interest on the Bond, except that the Issuer shall be liable to pay from the special sources as herein established and provided. The Bond issued hereunder shall never constitute an indebtedness of the State of Florida or of any political subdivision of the State of Florida or of the Issuer within the meaning of any state constitutional provisions or statutory limitation and shall never constitute or give rise to the pecuniary liability of the State of Florida or any political subdivision thereof or of the Issuer or a charge against their general credit. The holder of the Bond shall not have the fight to compel any exercise of the ad valorem taxing power of the State of Florida or of any political subdivision of said State to pay the Bond or the interest thereon. SECTION 21. LAWS GOVERNING This Resolution shall be governed exclusively by the provisions hereof and by the applicable laws of the State of Florida. - SECTION 22. THE BOND DocuMENTS. The Agreement, the Mortgage, the Bond Purchase Agreement, the Assignment and the Environmental Indemnity, respectively, in the forms thereof attached hereto as Exhibits B through F, respectively, with such changes, alterations and corrections as may be approved by the Chairman, such approval to be conclusively presumed by the execution thereof by the Chairman, are hereby approved by the Issuer, and the Issuer hereby authorizes and directs the Chairman to execute such Bond Documents, simultaneous with the issuance of the Bond, and to deliver the Bond Documents to the Borrower all of the provisions of which, when executed and delivered by the Issuer as authorized herein, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. SECTION 23. SALE OF BOND: EXECUTION AND DELIVERY OF THE BOND PURCHASE AGREEMENT The Bond is hereby awarded to the Bank upon the terms and conditions set forth/n the Bond Purchase Agreement, a copy of which' is attached hereto as Exhibit D. Prior to issuance of the Bond the Bank shall file with the Issuer the disclosure and troth-in-bonding statements required by Section 218.385, Flor/da Statutes, and competitive bidding for the Bond is hereby waived. SECTION 24. NO THIRD PARTY BENEFICIARIES. Except as herein or in the documents herein mentioned otherwise expressly provided, nothing in this Resolution or in such documents, express AGENDA ITEM _ 6 SEPI1 2001 or imphed, is intended or shall be construed to confer upon any Person other than the Issuer, the Bank and the Borrower any fight, remedy or claim, legal or equitable, under and byreason of this Resolution or any provisionhereofor of such documents; ~s Resolution and such documents being intended to be and being tbr the sole and exclusive benefit of such parties. SECTION 25. PREREQUISITES PERFORMED. All acts, conditions and prerequisites relating to the passage of this Resolution and required by the Constitution or laws of the State of Florida to happen, exist and be performed precedent to and in the passage hereof have happened, exist and have been performed as so required. SECTION 26. GENERAL AUTHORITY. The Chairman and the other members of the Issuer are hereby authorized to do ali acts and things required of them by this Resolution and the other Bond Documents or desirable or consistent with the requirements hereof or thereof, for the full punctual and complete performance of all terms, covenants and agreements contained in the Bond, this Resolution and the other Bond Documents. SECTION 27. RESOLUTION CONSTITUTES A CONTRACT The Issuer covenants and agrees that this Resolution shall constitute a contract between the Issuer and the holders fi.om time to time of the Bond and that all covenants and agreements set forth herein and in the Bond Documents and to be performed by the Issuer shall be for the benefit and security of the holder of the Bond. SECTION 28. SEVERABILITY. If any one or more of the covenants, agreements, or provisions contained herein or in the Bond shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements, orprovisions hereof and thereof and shall in no way affect the validity of any of the other provisions ofdfis Resolution or of the Bond. SECTION 29. COVENANT REGARDING TAX STATUS OF BOND. The Issuer covenants that it will not knowingly take any action, or knowingly fail to take any action, and will not fail to take any action reasonably requested by the Bank or the Borrower, and will not take any action which the Bank or the Borrower reasonably requests it not to take, if any such action or failure to take action would adversely affect the exclusion fi.om gross income of interest on the Bond for federal income tax proposes. SECTION 30. NOTICES. Any notice, request, complaint, demand, communication or other paper given under or with respect to any Bond Document shall be sufficiently given and shall be deemed given when delivered or mailed by registered or certified mail to the Notice Address of the Issuer. SECTION 31. REPEALER. All resolutions or ordinances or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of any such conflict, hereby superseded and repealed. AGENDA 'ITEM SEP I I 2001 SECTION 32. EFFECTIVE DATE. This Resolution shall take effect immediately upon its passage and adoption. Passed and adopted this 28th day of August, 2001. COLLIER COUNTY EDUCATIONAL FACILITIES AUTHORITY *' ~onal~l i.-~ickworth, q. - G :~.141 $4\15 7'u-csoluh on( 2).wpd AGENDA ITF_M ~o. _.t.~ ~-)' 2- SE? I I 2001 p~. 12> (941) 263-8060 DONALD A. PICKWORTH, ATTORNEy AT L~.w SUITE 602 NEWGATE TOWER 5150 NORTH TA-MIAMI TRAIL NAPLES, FLORIDA 34103 August 29, 2001 P.A. FAX (941) ,598 - 1161 David C. Weigel, Esquire Collier Count), Attorney Collier County Courthouse/Bldg F Naples, FL 34112 Re: Dear David: September 11, 2001 Agenda In accordance with our previous discussion, I am enclosing the following documents for inclusion in the September 11, 2001 Agenda: y¢ith re~ard to the Collier CounW Educational Facilities Authorit~ 1. Executive Summary relating to approval of Educational Facilities Authority Bonds for -- educational facilities owned and operated by International College. 2. Resolution to be adopted by the Board of County Commissioners at the Board meeting of September 11, 2001 approving the Bonds. including exhibits consisting of Affidavit of Publication and Resolution adopted by the Authority. With retard to the Collier CounW Industrial Development Authority: 1. Executive Summary relating to approval of Industrial Development Authority Bonds for manufacturing facilities owned and operated by Naples Lumber Co. 2. Resolution to be adopted by the Board of County Commissioners at the Board meeting of September 11, 2001 approving the Bonds, including exhibits consisting of Affidavit of Publication and Resolution adopted by the Authority. Since we have been placing these items on the Consent Agenda recently, I would request that this also be on Consent. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. AGENDA ITEM SEP 'i ! 2001 Pg- ~ EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT AS TO PARCELS I14A AND l14B IN THE LAWSUIT ENTITLED COLLIER COUNTY V. WILLIAM KRAMER, ET AL., CASE NO. 99-3685-CA (GOLDEN GATE BOULEVARD) OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as to Parcels l14A and l14B as full and final compensation to be paid for the acquisition of the easement designated as Parcel Nos. l14A and l14B for the Golden Gate Boulevard road widening project in the lawsuit entitled Collier County v. William Kramer, et al., Case No. 99-3683-CA. CONSIDERATIONS: On January 28, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of this easement for sidewalk, drainage and utility and maintenance purposes necessitated by the planned roadway and drainage improvements to Golden Gate Boulevard (Project No. 63041). On February 11, 2000, Collier County deposited with the Registry of the Court the sum of $2,700.00 for Parcel Nos. l14A and l14B in accordance with the Order of Taking, at which time title to Parcel 114A and 114B vested in Collier County. Through negotiations, the parties have reached a settlement agreement whereby the property oxvners, William and Linda Kramer, will be fully and fairly compensated for the property interests taken for the public purposes described above and more fully enumerated in the resolution of condemnation (Resolution No. 99-220). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $3,000.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcel Nos. 114A and l14B. This amount includes the good faith deposit of $2,700 made on February 11, 2000. The Stipulated Final Judgment also provides for a reasonable attorney fee of $100. To comply with the terms of the Stipulated Final Judgment, $400.00 must be deposited into the Court Registry. Staff has reviewed the County's obligations stated in the Stipulated Final Judgrnent and consider them to be reasonable. FISCAL IMPACT: Funds in the amount of $400 are available in the Road Impact Fee District 6 Fund (338), Project No. 63041 (Golden Gate Boulevard). Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: AGENDA ITEM .o. I (, t,?6 SEP ZOO1 1 Pg., Approve the terms of the Stipulated Final Judgment; Approve the expenditure of the funds as stated; and Direct staff to deposit an additional $400.00 into the Registry of the Court. SUBMITTED BY: Heidi F. Ashton Assistant County Attorney Date: REVIEWED BY: REVIEWED BY: A.N. Korti, Project Manager Transportation Engineering & Construction Management Norman E. Feder, Administrator Transportation Division Date: Date: APPROVED BY: David C. Weigel County Attorney Date: 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, WII.LIAM KRAMER, et al Respondents. CASE NO. PARCEL: / STIPULATED FINAL JUDGMENT 99-3685-CA 114A & 114B THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, WILLIAM KRA~MER and LLNDA KRA.MER, for entry of a Stipulated Final Judgment as to Parcel Nos. 114A and l14B, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents. WILLIAM KRAMER and LENDA KRAMER, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, WILLIAM KRAMER and LINDA KRAMER have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Three Thousand and No/100 Dollars ($3,000.00) for Parcel Nos. 114A and I I4B as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further A C-.-.-.-.-.-.-.-.-~N D A I~ SEP 11 2001 ORDERED that Respondents, WILLIAM KRAMER and LINDA KRAMER, receive from petitioner as a reasonable attorney fee the sum of One Hundred and No/100 Dollars ($100.00). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel Nos. 114A and i 14B; it is further ORDERED that Petitioner shall deposit an additional Four Hundred and No/100 Dollars ($400.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse the amount of Three Thousand and No/100 Dollars ($3,000.00) to Respondents, WlIJ.IAM KRAMER and LINDA KRAMER, 3671 1st Avenue SW, Naples FL 34117, less any amounts previously paid for the benefit of Respondents, WILLIAM KRA~MER and LIN'DA KRAMER; it is further ORDERED that the Clerk of this Court shall disburse the amount of One Hundred and No/100 Dollars ($100.00) to William D. Kramer, Esquire, P.O. Box 990039, Naples, FL 34116, for Respondents' attorney's fees; it is further ORDERED that Respondents' fence encroaches 4 inches into the drainage and utility easement for Parcel 114B, but the fence is alloxved to remain in its present location since the Respondents have not been compensated for,the relocation or removal of the fence. If this fence or a portion of the fence requires removal or relocation in the future because it is inconsistent with the County's use of Parcel 114B, the Petitioner will pay to the Respondents, WIIJIAM KRAMER and LINDA KRAMER, their heirs or assigns, additional damages based upon the fair market value of the fence or portion of the fence at that time. A~A ~ No. SEP 1 1 2001 Pg. ~ ORDERED that title to Parcel Nos. l I4A and l I4B sidewalk, drainage and utility easement, and Parcel Nos. 114A and 114B, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated January 28, 2000, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2610, Page 856 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 114A and 114B; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore day of DONE ANDORDERED in Chambers at Naples, Collier County, Florida, this ,2001. Hugh D. Hayes Circuit Court Judge conformed copies to: Heidi F. Ashton, Assistant County Attorney William and Linda Kramer E. Glenn Tucker, Esq. JOINT MOTION FOR STIPULATED FINAL ~[UDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. J^GraD? NO. ~ SEP I 1 21101 Jpg. ,.~.. Dated: Dated: WILLIAM KRAMER 3671 Ist Avenue SW Naples, Florida 34117 Dated: LINDA KRAMER 3671 IsT Avenue SW Naples, Florida 34117 HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner 4 AGENDA ITEM No. 1(o [~'g SEP I I 2001 t;.' PROJECT PARCEL NO, 114 ,q -" IIHI~ LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) Ill SDUE-The South 25 feet of the North 75 feet of the East 230 Feet'of Tract 49, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, Florida. DUE-The South 15 feet of the North 65 feet of Tract 49, LESS the East 230 feet thereof, Golden Gate Estates Unit No. 4, as recorded in Plat Book 4, Page 79 of the Public Records of Collier County, FIo~'ida. ., WEST PROPERTY LINE EXHIBIT NORTII PROPERTY L h'lF. {EXISTING 50 FT. R/W E^SEMEtlfJ .... r ...... ::::':;:::: .............. :'"'-':'":':" ...... t]Z]','- AND UTILITY EASEMENT (DUEl [ L NE 25 FOOT SIDEWALl(, D,RAINAGE' AND UTILITY EASEMENT [SDUE) SEP I 1 2001 Pi. _ EAST PROPERTY 330 FEET 8OUTH PROPERTY LINE SCALE: I lath - 1001eel EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE CONDEMNATION OF PARCEL NO. 99/915 IN THE LAWSUIT STYLED COLLIER COUNTY V. ANTHONY D'ANTUONO, ET AL., CASE NO. 91- 3983-CA. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the condemnation of the interest of Garrett F.X. Beyrent and Teryl H. Brzeski in Parcel No. 99/915 in Collier County v. Anthony D 'Antuono, et al., Case No. 91-3983-CA. CONSIDERATIONS: On February 25, 1992, an Order of Taking was entered in by the Circuit Court as to Parcel 99/915 (road right-of-way, utility, drainage and maintenance easements), and on March 12, 1992, the good faith estimate of value for this parcel was deposited into the Court registry, thereby vesting title in the parcel in Collier County. Through negotiations, the parties have reached a settlement agreement whereby the Respondents Garrett F.X. Beyrent and Teryl H. Brzeski have agreed to accept the sum of $16,500.00 as full payment for the property interests taken as to Parcel 99/915, which includes the good faith estimate of value previously deposited by the County, and the Defendants' costs, including attorney's fees. The settlement also provides for a credit in the amount of $6796.06 against a sewer assessment which was imposed against the property. The specific terms of the settlement agreement are set out in the Settlement Agreement and Stipulated Final Judgment (attached hereto as Exhibits "1" and "2", respectively). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $14,700.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Settlement Agreement and the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: The total cost of this final judgment is $21,500.00. Funds for this purpose are available in the reserves of Fund 132, Pine Ridge Industrial Park. Funds for the improvements in the Naples Production Park and Pine Ridge Industrial Park assessment projects were both obtained through the same bond issue. The residual from this bond issue is contained in the reserves of Fund 132, Pine Ridge Industrial Park. Therefore, approval of a budget amendment is necessary whereby funds in the amount of $21,500.00 would be transferred from the reserves of Fund 132 to the operating budget of Fund 138, Naples Production Park. Further in this regard, be advised that there are two (2) remaining final judgments that will be using this same funding source. Upon approval of these remaining final judgments, it is recommended that the funds remaining in the reserves of Fund 132 be transferred to Fund 232, De~ r Se'r~i~A:ITEIV),3 No. GROWTH MANAGEMENT IMPACT: None. SEP !1 001 Pg. RECOMMENDATION: 3. 4. 4. 5. That the Board of County Commissioners: approve the terms of the Settlement Agreement and authorize counsel of record for the County to sign said agreement; approve the terms of the Stipulated Final Judgment; approve the expenditure of the funds as stated; approve the necessary budget amendment; direct staff to deposit the sum of $14,700.00 into the Registry of the Court; and direct staff to credit the property owner in the amount of S6,796.06 as to a special sewer assessment. Ellen T. Chadwell Assistant County Attorney Date: REVIEYVED BY: .5/(~,~-r/c,z'''~''~-- Date: Harry Huber, Project Manager III Public Utilities Engineering Department APPROVED B~ ....... ~'. /;'?'~~/' Date: Ja~'s V. Mudd, P.E., Administrator Public Utilities Division ~CDavid C. Weig~ County Attorney / / H:',Public',Litigation",Eminent Dornain',ELLEN'S CASES',D'Antuono~Executive Summary - Beyrent SFJ.doc 2 AGENDA ITEM ~ SEP 1 1 2001 COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Vo ANTHONY M. D'ANTUONO, et al. Respondents. IN THE CIRCUIT COURT OF THE 20TM JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL DIVISION CASE NO. 91-3983-CA-HDH SETTLEMENT AGREEMENT This Settlement Agreement (the "Agreement") is by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida and TERYL BRZESKI and GARRETT t;.X. BEYRENT. RECITALS WHEREAS, COLLIER COUNTY and TERYL BRZESKI and GARRETT F.X. BEYRENT, are the Petitioner and Defendants respectively in that certain civil lawsuit styled COLLIER COUNTY, FLORIDA, a political subdivisi01l of the State of Florida v. ANTHONY M. D'ANTUONO. et al. (the "Lawsuit"); and WHEREAS, the parties thereto have agreed to enter into this agreement in order to settle and resolve all existing claims between them. AGREEMENT NOW, THEREFORE, for and in consideration Page 1 of 5 of the following terms, conditions, EXHIBIT I~Z /~ AGENDA ITEM/"~ h SEP 1 1 2001 Pg. ~ covenants, warranties and representations, and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged by each of the parties hereto, the parties hereto agree, acknowledge, stipulate, covenant, represent and warrant as follows: Article 1 Stipulations 1.1 COL! JER COUNTY, FLORIDA, agrees to pay TERYL BRZESKI and GARRETT F.X. BEYRENT, the sum of $16.500.¢X) as full compensation for the acquisition of Parcel 99/915 and all damages resulting to the remainder business damages and all other damages in connection with said parcel. The sum will be paid within thirty (30) days of the issuance of a Stipulated Final Judgrnent, incorporating the terms of this Settlement Agreement. 1.2 COLLIER COUNTY, FLORIDA agrees to provide a single sewer credit in the amount of $6,796.06. 1.3 COLLIER COUNTY, FLORIDA herein grants the property owner use of the water retention area across Industrial Blvd. for the necessary water retention for the remainder tract if the runoff is pre-treated and the use of this water retention area is part of a site plan approved by the County. 1.4 This Agreement is subject to the approval of the Board of County Commissioners. Article 2 Compromise and Settlement 2.1 Compromise and Settlement. The parties hereto have reached certain agreements providing for the compromise and settlement of any and all disputes between the parties arising from the Lawsuit. It is understood and agreed that this Agreement is given in connection with the compromise of disputed claims and that the execution and delivery hereof are not to be construed Page 2 of 5 AGENDA ITEM/3. SEP 1 1 2001 pg. /4/ or interpreted as an admission of liability or wrongdoing by any party thereto. Article 3 Disposition of Suit 3.1 Disposition. Simultaneous with the execution of this agreement and as a condition Of this Agreement, the parties shall execute the Joint Motion and Stipulated Final Judgment, after approval by the Board of County Commissioners, and cause to be submitted to the appropriate court the Joint Motion and Order of Dismissal with Prejudice (the "Order"). .aa-tide 4 Miscellaneous 4.1. ~. This Agreement is binding upon and inures to the benefit of the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns. 4.2 Entire Agreement. This Agreement and exhibits attached hereto embody the entire agreement between the parties and supersede all prior and contemporaneous agreements, representations and undertakings regarding the subject matter hereof. 4.3 ~ounterp_ arts. This Agreement may be executed in one or more counterparts, each of which is an original and all of which together constitute one and the same agreement. 4.4 ~[~t]2l.q,~g~. This Agreement and all the exhibits hereto will be governed and construed in accordance with the laws of the State of Florida. 4.5 ~. In case any one or more of the provisions contained in this Agreement for any reason are held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision hereof, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had nev~gixl AGEND&ITF-,lV~ .o. Page 3 of 5 SEP 1 1 21101 4.6 Advice of Counsel. As part of the consideration of this Agreement and prior to the execution and delivery hereof, each party has fully informed itself of the terms, conditions and effects of this Agreement, and, to the extent the parties hereto desire to do so, each party has had this Agreement and the documents to be executed and delivered pursuant to this Agreement reviewed by an attorney or attorneys of its choice and fully understands the effect hereof. 4.7 Preparation of AgreemenL This Agreement shall be construed as being jointly drafted by the parties. The parties further agree to take any and all such action and execute and deliver all such documents, instruments, or writings as they are necessary to effectuate and fully perform the terms, conditions, and requirements of this Agreement. 4.8 ~. This Agreement may not be amended, modified or revised except in writing signed by the party to be charged. IN WITNESS WHEREOF, the undersigned have executed this Agreement in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument effective as of the date first above written. COLLIER COUNTY, FLORDA ~,;:itness By: JAMES D. CARTER, Ph.D., Chairman Page 4 of 5 AGENDA ITEM A~ SEP I 1 2001 Ellen Chadwell Esquire Attorney for Collier County D. Stewart, Esquire for Teryl Brzeski 20-053\P\settlement agreement.wpd Page 5 of 5 ^~DA ITE._ M/'~ .o. ~.._~ SEP 1 1 2001 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CML ACTION COLL/ER COUNTY, FLOR/DA, a political subdivision of the State of Florida, Petitioner, ANTHONY M. D'ANTUONO, et al. Respondents. Case No. 91-3983-CA Parcel No. 99.0/915 STIPULATED FINAL JUDGMENT AS T° PARCEL 99.0/915 THIS CAUSE having come before the Court upon a Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, GARRETT F. X. BEYRENT and TERYL H. BRZESKI f/k/a TERYL BEYRENT, for entry of a Stipulated Final Judgment as to Parcel No. 99.0/915, and it appearing to the Court that the parties are authorized to make such Motion~ and the Court f'mding that the compensation to be paid is the full compensation due Respondents, and being otherwise fully advised in the premises thereof, it is now therefore, ORDERED AND ADJUDGED: 1. Respondents, GARRETT F. X. BEYRENT and TERYL H. BRZESKI f/k/a TERYL BEYRENT, shall have and recover fi.om Petitioner, COLLIER COUNTY, FLORIDA, the sum of Sixteen Thousand and Five Hundred Dollars and No/100 ($16,500.00) for Parcel No. 99.0/915, inclusive of the good faith deposit of Eighteen Hundred Dollars ($1800.00), as full payment for the property interests taken and for dan aeeo resulting to the remainder, if less than 1~ , [ AGENDA ITEM ,,"3-- / 1 ! sEPll the entire property was taken, business damages, and for all other damages in connection with said parcel, including costs, interest and attorneys' fees. 3. Except as provided herein, no other costs or attorneys' fees shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 99/915. 4. Petitioner shall apply a credit to Account No. 205407 for the special sewer assessment imposed against the remainder tract (Folio No. 00275640004) in the amount of Six Thousand Seven Hundred and Ninety-Six and 06/100 Dollars ($6,796.06). 5. Respondents shall be permitted to use the water retention area across Industrial Boulevard for water retention for the remainder tract on the condition that the runoff is pre- treated and the proposed use of this water retention area is part of a site plan approved by County staff. 6. Petitioner shall deposit within thirty (30) days of the date of this Stipulated Final Judgment, subject to approval by the Board of County Commissioners, the sum of Fourteen Thousand and Seven Hundred and No/100 ($14,700.00) with the Clerk of the Court. 7. Upon receipt of the above-referenced deposit, the Clerk of the Court shall disburse forthwith the total amount of Sixteen Thousand Five Hundred and No/100 ($16,500.00) made payable to Trust Account of Joseph D. Stewart, and mailed to Joseph D. Stewart, 2671 Airport Road South, Suite 302, Naples, Florida, 34112, less any amounts previously paid for the benefit of Respondents, GARRETT F.X. BEYRENT and TERYL H. BRZESKI fJk/a TERYL BEYRENT. 8. Title to Parcel No. 99.0/915, a road right-of-way, drainage, utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated February 25, 1992, and the deposit of money heretofore made, is approved, ratified, and confirmed. Nt3. SEP 1 1 2601 2 pg. 9. The Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 1666, Page 742 of the Public Records of Collier County, Flor/da be dismissed as to Parcel No. 99.0/915. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this __ day of ,2001. Conformed copies to: Ellen T. Chadwell, Esq. Joseph D. Stewart, Esq. Garrett F.X. Beyrent Bookkeeping Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel No. 99.0/915 and state as follows: 1. The sum of $16,500.00 constitutes full compensation to the Respondents for the acquisition of Parcel 99.0/915 and any and all severance, business and special damages, costs, attorneys' fees and interest, attributable to this action and the taking of Parcel 99.0/915. 2. Respondents acknowledge and agree that although the remainder tract is currently owned by Respondent, Teryl Brzeski, f/k/a Teryl Beyrent, both parties will benefit from the sewer assessment credit to be applied against the assessments on the remainder property, and Paragraph 4 of the Stipulated Final Judgment shall be construed and treated as payment to the benefit of both Respondents. AGENDA LTEM/'-~ SEP I 1 2001 3. Respondent, GAR_RETT F.X. BEYRENT, is not represented by Joseph D. Stewart, Esq., but has conferred with his attorney, Ted Tripp, regarding the terms of this settlement and the proposed Stipulated Final Judgment. WHEREFORE, the undersigned Parties request that the Court enter the foregoing Stipulated Final Judgment. Dated: ~ Brzeski .ort Road South Naples, Florida 34112 Dated: ELLEN T. CHADWELL, ESQ. Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner h: Litkl~ml~ mainkD ' AnmonoKSF J -Bcyr~nt/Brzcski 4 AGENDA ITEM~"~ NO. ~ SEP 11 2001 Description o4 Part of Section 36, ~ Township 49 South, 'Range 2S East, Collier County, Florida FOR: 8oard of CountZ Comm~ssioners of Collier Countz, Florida The east 60.00 feet of the follow/rig described parcel: The south 122.23 feet of the north 396.31 feet of the south 2005.80 feet of the east 1/2 of the east I/2 of the east 1/2 of the no.rthweet 1/4 of Section 36, Township 49 South, Range 25 East, Collier Count~z, Florida; subject to easements and restrictions of record. WILSON, HILLER, BARTON, SOLL & PEEK, INC. Reg. Engineers and Land SurveTore Jc~. Boutwell, P.~-.S. ~-3934 Not valid un/ess embossed with the Professlonal,s eeaI. W.O. 10904.2 Reft 2C-710 page 99 (JEB:kJd parcel 99) Date: September 4, i990 EXHIBIT "A" ROAD R I~,HT-nF-WAY, NORTH ~ SOUTH I/'4 [ NDUS"¥E LAL BLVD. EXHIBIT "A" SEP I 1 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND EXECUTE A SATISFACTION OF LIEN ARISING OUT OF AN ORDER IMPOSING FINE/LIEN IN CODE ENFORCEMENT BOARD CASE ENTITLED BOARD OF COUNTY COMMISSIONERS v. MARK G. GEA TCHES. OBJECTIVE: To approve and execute a Satisfaction of the Code Enforcement Lien imposed pursuant to an Order Imposing Fine/Lien in The Board of County Commissioners v. Mark G. Geatches, Code Enforcement Board Case 9%017. CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code Enforcement Board on January 27, 1998 in The Board of County Commissioners v. Mark G. Geatches, Code Enforcement Board Case 97-017. This order fined Mr. Geatches $100.00 per day, commencing on October 10, 1997. This order was recorded in February 1998, subsequent to the initiation of a foreclosure action on the property. Summary Final Judgment of Foreclosure was recorded on October 27, 1998 and the property was recently sold at foreclosure sale to the mortgagee, Bank of America. The record titleholder of the property is Douglas Carter. Mr. Geatches owns no other non-homestead property in the county. Due to a number of factors, the size of the lien being one, the County can never hope to collect the entire lien amount. The violation was abated on April 27, 2001 by Michael DeLeo. Mr. DeLco now intends to purchase the property from the bank and wishes to remove any cloud on the title created by virtue of the Order Imposing Fine/Lien. Mr. DeLeo has offered to pay the County $10,000.00 in full satisfaction of the lien and other code enforcement fines, approximately $550, imposed against Mark G. Geatches and the subject property. Given the uncertain prospects of collection of the lien, staff is recommending that the County accept $10,000.00 in full satisfaction of the lien. If the Board accepts this settlement offer, a Satisfaction of Lien must be executed and recorded so as to discharge the lien as a matter of record. A copy of the Satisfaction of Lien is attached hereto. FISCAL IMPACT: Payment to the County in the amount of $10,000.00 to be deposited into the Code Enforcement Board Fines/Revenue Account MSTD General Fund 111. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve and accept the offer of $10,000.00 made on behalf of Mr. DeLeo; Authorize staff to accept payment in the amount of $10,000; Authorize the Chairman to execute the Satisfaction of Lien upon notification from staff that payment has been received; and Authorize staff to record the Satisfaction of Lien in the County, Florida. P'.:~!!s ~oenrd.q of ~ollier AGENDA ITEM - NO. ~ SEPll 2001 Pt;. / SUBMITTED ~---'-~ Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: Mmhelle Er[wards Arnold, Director Code Enforcement Department Date: APPROVED BY: Jol~-Nl Dunnuck, III, Ad ' ' rator CoNmunity Development & Environmental Services Date: H:XPublic\Ellen\Executive Summary (Sat of Lien) 8-24-01.doc 2 uo. _/~ SEP 1 1 2001 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Ten Thousand Dollars ($10,000.00), arising out of the Order Imposing Fine/Lien dated January 27, 1998, on behalf of Collier County, Florida, and recorded in O.R. Book 2389, Page 0208, et. seq., and re-recorded at O.R. Book 2701, Page 2031, et. seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property located in Collier County, which is owned by Mark G. Geatches, has been satisfied in full. Lot 28, Block 11, NAPLES MANOR LAKES, according to the plat thereof, as recorded in Plat Book 3, at Pages 86 and 87, of the Public Records of Collier County, Florida, Folio No. 62260800004. The undersigned is authorized to and does hereby release its lien as to the whole of the above-described real property, and all other real and personal property owned by' Mark G. Geatches, and consents to this lien being discharged of record. Dated this day of ,200l. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNT'f, FLORDA , Deputy Clerk By: James D. Carter, Ph.D.. Chairman Approved as to form And legal sufficien,cy: Ellen T. Chadwell Assistant County Attorney H:\PublicXLitigation\CEB CASESXGcalchcs\-Satis of Lien.doc AGENDA ITEM _ NO. SEP 1 1 2001 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE THE SETTLEMENT IN DALY v. DUCHESS CONDOMINIUM OWNERS ASSOC. and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, CASE NO. 99.0131-CA, NOW PENDING IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, PURSUANT TO WHICH THE COUNTY WOULD PAY $31,100 AND ALL CLAIMS AGAINST THE COUNTY WOULD BE DISMISSED WITH PREJUDICE. SAID $31,100 SETTLEMENT WAS ARRIVED AT DURING A MEDIATION OF THE MATTER. OBJECTIVE: That the Board of County Commissioners approve the settlement in Daly v. Duchess Condominium Owners Assoc. and The Board of County Commissioners of Collier Count,, Case No. 99-0131-CA, now pending in the Twentieth Judicial Circuit, in and for Collier County, Florida, pursuant to which the County would pay $31,100 and all claims against the County would be dismissed with prejudice. Said $31,100 settlement was arrived at during a mediation of the matter. CONSIDERATIONS: On January 14, 1996, the 81-year-old plaintiff was coming back from a church concert with her neighbor. As they were walking in front of 220 South Collier Boulevard, Marco Island, Florida, on the public sidewalk, plaintiff fell as the result of her right foot establishing contact with an elevation in the sidewalk. The plaintiff fell flat on her face injuring her left shoulder causing her immediate excruciating pain. She was taken by EMS, then by helicopter to Naples Community Hospital. Plaintiff sustained a dislocated/fracture of the left shoulder, which was set, and immobilized and sustained a compression fracture of a lumbar vertebrae. She also sustained multiple contusions of the arms, back and face, bruising, and two black eyes. She claims permanent injury involving her left shoulder and arm, ongoing back pain, shortened height, disfigured left shoulder, and the inability to do sustained walking and swimming as she did prior to the incident. She incurred $17,000.00 in medical bills, along with a claim of $3,000.00 for out of pocket expenses, including damage to her clothing, transportation to and from various health care providers and the necessity of having someone stay with her. Based upon the fact of her serious injuries with substantial residuals, along with the fact that the photographs taken within a month of the accident, indicate some type of elevation in the sidewalk area, coupled with the substantial medical bills incurred, a $31,100.00 settlement was reasonable under all of the circumstances presented. Of course, said settlement is subject to Board approval. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The settlement offer recommended by staff amounts to $31,100. Funds are budgeted and available in the Risk Management Property and Casualty Fund. The settlement will result in a substantial savings of future litigation costs, as well as the probability of a much higher jury award. AGENDA I~ .., SEP 1 1 2001 Pg. ~ RECO1VEVIENDATION: That the Board of County Commissioners approves a settlement with the principal terms set forth in this Executive Summary and authorizes the Chairman of the Board of County Commissioners to execute all necessary settlement documents. Prepared by: il]iam ou t ord' - 1 Assistant County Attorney Reviewed and Approved by: David C. Weigel ' County Attorney Reviewed and Approved by: Jeffrey Walker Director, Risk Management Date: Date: :.)- '~- fi' / Date: H:h'%blic'tLitigation\Open Cases~)aly. MaJ3AEXECLrFIVE SLTMMARY,doc AGENDA ITEM NO. SEP I 1 2001 Pa;. SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SE'FI'LEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred to as the/,'.'Agreement and Release") is entered into and made on this -~z/~.... /; ?Z 2001 by and between Mary Daly (hereinafter .,.~ . duy of /~/~,~£ .-' referred to as "Plaintiff") and Board of County Commissioners For Collier County (hereinafter referred to as the "County"), WITNESSETH: WHEREAS, Plaintiff filed a lawsuit against the County in. the Circuit, Court for the Twentieth Judicial Circuit in and for Collier County, Florida, styled Mary Daly v. Board of County Commissioners For Collier County, Florida, Case No. 99- 0131 -CA (hereinafter referred to as the "Lawsuit"); and, WHEREAS, Plaintiff and the County, without either of them admitting any liability or fault, desire to settle the Lawsuit and any and all disputes that arise from, relate or refer in any way, whether directly or indirectly, to the incidents described or allegations made in the Complaint filed in the Lawsuit; and, WHEREAS, Plaintiff and the County desire to reduce their settlement to a writing so that it shall be binding upon them as well as their respective owners, principals, elected officials, officers, employees, ex-employees, agents, I AC_.~-r. NDA ITEM. NC). ~ SEP 1 1 2001 pg. _'-~ ,. attorneys, affiliates., representatives, insurers, spouses, successors, assigns, heirs and NOW, THEREFORE, in consideration of the mutual covenants, promises and consideration set forth in this Agreement and Release, and with the intent to be legally bound, Plaintiff and the County agree as follows: 1. Plaintiff and the County adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas Clauses", by reference into this Agreement and Release. 2. In consideration of the resolution of all disputes or claims arising from or referring or relating in any way, whether directly or indirectly, to the Lawsuit, and for and in consideration of the sum of Thirty-One Thousand and One Hundred Dollars ($31,100.00) and other valuable consideration, the receipt and adequacy of which is hereby acknowledged by Plaintiff, Plaintiff agrees to dismiss the Lawsuit with prejudice. 3. In consideration of the resolution of the Lawsuit, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, Plaintiff, on behalf of herself, as well as on behalf of her a~rorneys, agents, representatives, insurers, heirs, successors and assigns, hereby expressly releases and forever discharges the County, as well as its elected officials, officers, employees, ex-employees, agents, aHorneys, representatives, successors, assigns, insurers and affiliates from any and all claims, demands, causes of actions, damages, costs, attorney's fees, expenses and obli.qations of AGENDA ITEM , SEP 1 1 200! pg. /-/' any kind or nature whatsoever that he has asserted or could have asserted in the Laws,uit or that arise from or relate or refer in any way, whether directly or indirectly, to the Lawsuit or any incident, event or allegation referred to or made in the Complaint in the Lawsuit. 4. Notwithstanding anything that may be to the contrary in Paragraph 3 of this Agreement and Release, Plaintiff and the County agree that either of them (as well as any other persons or entities intended to be bound) shall, in the event of any breach, retain the right to enforce the terms and conditions of this Agreement and Release. 5. Plaintiff and the County acknowledge and agree that this Agreement and Release is intended to and shall be binding upon their respective owners, principals, officials, officers, employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns, spouses, heirs and affiliates. 6. Plaintiff and the County recognize and Agreement and Release memorializes and states a acknowledge that this seffrlement of disputed claims and nothing in this Agreement and Release shall be construed to be an admission of any kind, whether of fault, liaioility, or of a particular policy or procedure, on the part of either Plaintiff or the County. 7. Plaintiff and the County acknowledge and agree that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous language or provision in this Agreement and Release is to be AGENDa, ITEM _ 3 SEP 1 1 2001 construed against any party based upon a claim that the party drafted the ambiguc~us provision or language or that the party was intended to be benefited by the ambiguous provision or language. 8. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 9. In the event of an alleged breach of this Agreement and Release, Plaintiff and the County agree that ail underlying causes of action or claims of Plaintiff have been extinguished by this Agreement and Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions or any damages arising from the breach. In this regard, Plaintiff and the County further agree that the sole venue for any such action shall be in the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 10. This Agreement and Release shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, Plaintiff and the County have signed and sealed this Agreement and Release as set forth 'below. DATED: A~EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D, CARTER, Ph.D, Chairman Date: /AOF~NDA ITEM SEP I I 2001 THIS SEI'[LEMENT AGREEMENT AND RELEASE BETWEEN PLAINTIFF AND COLLIER COUNTY, FLORIDA WAS SWORN TO and subscribed by Mary Daly, before j 2001. Commissioned Name of Notary Public (Please print, type or stamp) Personally Known or Produced identification Type of identification Produced My Commission expires: Approved as to form and legal sufficiency: Wil~am 'E.-MountforC~ Assistant County Attorney h:lit\daly\settlement agreement & release 5 AGENDA 11'r~J~ I L - SEP ! 1 2001 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE CONDEMNATION OF PARCEL NO. 126 IN THE LAWSUIT STYLED COLLIER COUNTY V. ANTHONY F. JANCIGAR, As Trustee, Et al., CASE NO. 00-0142-CA, PROJECT 60111. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the condemnation of the interest of McDonald's Restaurants of Florida, Inc., in Parcel No. 126 in Collier County v. Anthony f Jancigar, as Trustee, et al., Case No. 00-0142-CA. CONSIDERATIONS: On April 6, 2000, an Order of Taking was entered in by the Circuit Court as to Parcel 126, and on April 27, 2000, the good faith estimate of value of $100 for this parcel was deposited into the Court registry, thereby vesting title in this parcel in Collier County. Through negotiations, the par;ies have reached a settlement agreement whereby the lessee, McDonald's Restaurants of Florida, Inc., has agreed to accept the sum of $100.00 as full compensation for the property interest taken as to Parcel 126, which includes the good faith estimate of value previously deposited by the County. The settlement agreement provides for the payment of $1,167 for a reasonable engineering fee, $560 for a reasonable appraiser's fee, and $500 for attorney's fees. The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1'). The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of $2,227.00 with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT: Funds in the amount of $2,227 are budgeted in the Transportation Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and direct staff to deposit the sum of $2,227.00 into the Registry of th Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: Skip McM~dhael, Proj. Mgr. III Transportation Engineering & Construction Management Date: APPROVED BY: ' F ~~,~./:'/~ Date: N~n~n'Ei Fc~der, Administrator Tra;/portation Division APPROVED B~~..~,-'-, .~~_~_ ' ~~Date: 0r~2"~David C. Weigel ~ County Attorney THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. ANTHONY F. JANCIGAR, AS TRUSTEE Under That Certain Unrecorded Trust Agreement 88-429-01, et al., CASE NO. 00-0142-CA PARCEL: 126 ('7¸ Defendants. - ' STIPULATED FINAL JUDGMENT THIS CAUSE having come upon Joint Motion for entry of a Stipulated Final Jud~ent made by Petitioner, COLLIER COUNTY, FLORIDA, and Defendant, MCDONALD'S RESTAURANTS OF FLORIDA, INC., set forth herein below, and it appearing to the Court that the parties are authorized to enter into such Stipulation, and the Court finding that the compensation to be paid by Petitioner is full, just and reasonable for all parties concerned, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED ANT) ADJUDGED as follows: 1. That the Defendant, MCDONALD'S RESTAURANTS OF FLORIDA, ENC., does have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Hundred and No/100 Dollars ($100.00) for Parcel No. 126 as full compensation for the leasehold interests taken and all other damages of any nature. The amount includes the good faith estimate of value of $100 - AGENDA previously deposited by Petitioner. NO. ~ SEP 1 1 20111 pc._ 3 - L, 2. That the Defendant does have and recover from the Petitioner the sum of Two Thousand Two Hundred Twenty Seven and No/100 Dollars ($2,227.00) as reasonable attorneys' fees and costs including experts fees pursuant to Fla. Stat. § 73.092 and 73.091 (2000), and in full settlement of all costs to which Defendant might be entitled. 3. That Petitioner shall deposit the additional sum of T',','o Thousand Two Hundred and Twenty Seven and No/100 ($2,227.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment. 4. That the Clerk of this Court shall disburse forthwith upon receipt of the Petitioner's deposit the total amount of Two Thousand Three Hundred and Twenty Seven and No/100 ($2,327.00) made payable to the Trust Account of BRIGHAM MOORE, LLP, 100 Wallace Avenue, Suite 310, Sarasota, Florida 34237. DONE AND ORDERED in Chambers at Naples, Collier Count)', Florida, this ~ day of ,2001. Ted Brousseau Circuit Court Judge cc: Jackson H. Bowman, Esq. Joe W. Fixel, Esquire Ellen T. Chadwell, Esq. AGENDA ITEM NO. SEP 1 1 2001 OINT MOTION FOR STIPULATED FINAL UDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to McDonald's Restaurants of Florida, Inc.'s interest in Parcel 126. Dated: q- NM" o \ ON H. BOWNIAN, E~Q. Florida Bar No. 143715 BRIGHAM MOORE, LLP 100 Wallace Avenue, Suite 310 Sarasota, Florida 34237 (941)365-3800 - Phone (941)952-1414 - Facsimile Attorney for Defendant, McDonald's [~.off'da Bar Nc~. fflJ'~_026 FIXEL & MAGUIRE 221 South Gadsden Street Tallahassee, Florida 32301 (850) 681-1800 - Phone (850) 681-9017 - Facsimile Attorney for Petitioner AGENDA ITEM ~ SEP 1 1 2001 pg. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE OFFICE OF THE COUNTY ATTORNEY AND THE RISK MANAGEMENT DEPARTMENT, PURSUANT TO RESOLUTION NO. 95-632, TO RETAIN AN ATTORNEY/LAW FIRM TO REPRESENT PARKS AND RECREATION DIRECTOR MARLA RAMSEY IN HER INDIVIDUAL CAPACITY IN THE LAWSUIT OF STAUFFER V. COLLIER COUNTY, CASE NO. 01-3051-CA, IN THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA, AND EXEMPT THE RETENTION OF SAID ATTORNEY/LAW FIRM FROM ANY REQUIREMENTS FOR FORMAL COMPETITION THAT MAY BE APPLICABLE. OBJECTIVE: To obtain approval to retain an attorney/law firm to represent Marla Ramsey, Parks and Recreation Director, in the lawsuit of Stauffer v. Collier Count3.', Case No. 01-3051-CA, in the Twentieth Judicial Circuit in and for Collier County, Florida. CONSIDERATIONS: Resolution No. 95-632 (copy attached) permits the Board of County Commissioners to provide a legal defense and pay legal expenses of County staff under certain conditions defined in that Resolution. Maria Ramsey, the Parks and Recreation Director, has been sued in her individual capacity in the case of Stauffer v. Collier Count3.', Case No. 01-3051-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. This case arises out of alleged claims surrounding certain real property located within the Barefoot Beach Preserve. Specifically, the plaintiffs in the lawsuit claim that Ms. Ramsey tortiously interfered with the alleged agreement that plaintiffs claim existed between them and the County. The plaintiffs also allege that the County has breached an alleged contract, has committed inverse condemnation on the alleged property and has violated their due process rights. In order to avoid any conflict of interest, Ms. Ramsey requires independent legal representation. The Office of the County Attorney will be representing the County on the other claims in the case. Further, because Ms. Ramsey's response in the lawsuit is due September 24, 2001, exigent circumstances exist requiring exemption from any formal competitive selection process that may be applicable. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: The Office of the County Attomey and Risk Management Department are requesting that the Board authorize payment of legal fees at $175.00 per hour plus expenses. At this time it is difficult to estimate what the total legal expenses would be for providing representation to Ms. Ramsey if the case must be handled through AO,-~E, NDA LT~M SEP 11 2001 thai. The referenced hourly fee would appear to be reasonable in light of generally prevailing fees for commercial litigation in the Collier County' area. Funds are available in the'Self-Insured Property & Casualty Fund No. 516. RECOMMENDATION: That the Board approve the retention of an attorney/law firm to represent Ms. Ramsey at a fee not to exceed $175.00 per hour and that the Board exempt any requirement that may exist for formal competition in light of the fact that Ms. Ramsey must answer the complaint on Or before Sep/tember 24, 2001. PREPARED BY: / "' ~''f' DATE: REVIEWED BY: APPROVED BY: Michael W. Pettit Assistant County Attorney JTe~'~alker Risk Management Director Ramiro Mafialich Chief Assistant County Attorney DATE: ~'~//'~/'~ / 5;._ //--r / DATE: / .... h:/Public/Litigation/Open Cases/Stauffer v CC/cxec sum rcf retention of counsel.maria ramsc.~.082901 SEP11 2001 2 ' RESOLUTION NO. 95- 632 A RESOLUTION SETTING FORTH THE POLICY OF THE BOARD OF COUNTY COMMIBSIONERS WITH REGARD TO PROVIDING A LE=AL DEFENSE AND PAYING LEGAL EXPENSES OF COUNTY COMMISSIONERS, COUNTY ST/%FF ~ COUNTY ADVISORY BOARD HEMBERB. WHEREAS, the Board of County Commissioners and the Collier County management and legal staff are constantly presented with the necessity for making decisions regarding all phases of County policy, management and legal counsel, respectively; and WHEREAS, local governments and their employees have recently become subject to increasing numbers of lawsuits based upon state and federal laws; and WHEREAS, it is essential to the effective operation of County government that policy, management and legal decisions be made competently, in the public interest, and with the threat of personal liability for board and staff members for making said decisions being maintained at a minimum so as to avoid the ',chilling effect" on the proper and diligent performance of public duties recognized by the Florida supreme Court in ~hornber v. citv of Fort Walton Beach, 568 So.2d. 914 (1990); and ~EREAS, Florida statutory and case law, as well as Attorne~ General opinions (hereafter referred to as "AGO"), set forth the requirements and discretion which are afforded to the local governing body to formulate a policy regarding the provision of counsel and payment of legal expenses for Board members, County staff and advisory board members who are involved in litigation arising out of or in connection with the performance of official duties and while serving a valid public purpose; and WHEREAS, Collier County insurance policies currently include County employees as well as Board members and members of the Administrator's and county Attorney's staff within the scope of coverage, provided that said persons are acting within the scope of their employment and do not act criminally or ~ AGENDA IT~I~ . fraudulently; and ~ ~O.~ -1- ! SEP112001 WHER~s, the Board of County Co~issioners (hereafter also referred to as "Board',) desires to hereby set forth and f~alize its policy with regard to the provision of legal counsel and the pa~ent of legal expenses incurred by County Co~issioners and administrative and legal staff so as to promote competent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for County co~issioners and County staff members while acting in the scope of their official duties and while serving a valid public purpose. ~ER~S, the various advisory boards, quasi-judicial boards and regulatory boards (hereafter also collectively referred to as "advisory board(s)-) formed by the Board of County Co~issioners, and the members thereof who are appointed by the Board of County Commissioners, serve a critical function with regard to the operation of Collier County Gover~ent; and ~ER~S, the members of such boards serve on a volunteer basis without compensation for the time spent in performing their duties and functions; and ~ER~S. said boards and board members are regarded by the Board of County Co~issioners as being within the umbrella of legal protection afforded to the Board of County Commissioners and other Collier County employees; and ~ER~S, the Board hereby desires to set forth and focalize its policy with regard to the provision of legal counsel and the pa~ent of legal expenses incurred by advisory board me~er~ so a~ to promote icompetent decisions and conduct in the public interest while reducing the threat, intimidation and chilling effect on performance of official duties created by potential personal liability for advisory board me.ers while acting in the scope of their official duties and while serving a valid public purpose. NOW THEREFORE, BE IT RESOLVED BY THE BO~D OF CO~TY SEP I 1 2001 1. Definition' of ,'county person(s)": As used in this Resolution, the term "County person(s)" shall mean and include the members of the Board of County Commissioners, the County Administrator and his staff, the County Attorney and his staff, all employees of the Board of County Commissioners as well as the Collier County Airport Authority Director and his staff, the Director and staff of any other County-created authority, the officers and staff of any dependent or other special district for which the Collier County Board of County Commissioners is the governing body or ex-officio the governing body thereof, and any person appointed by the Board of County Co~missioners to a Collier County Advisory Board, quasi-judicial board or regulatory board formed by the Board of County Commissioners of Collier County, Florida. 2. Pursuant to ~Section 111.07, Florida Statutes, and Tbornber v. city of Fort walton Beach, 568 So.2d 914 (Fla. 1990), the Board hereby resolves to provide legal representation to county persons in civil actions an~ in civil rights a:tlons subject to the limitations set forth herein. a. Legal representation shall be provided in civil actions and in civil rights lawsuits only if the litigation involving the County person to be represented arises out of or in connection with the performance of official duties and while said County person was serving a valid public purpose. No representation shall be provided in tort actions if the county person acted or failed to act 'in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property. No representation shall be provided to any county person in a civil action or civil rights action where said County erson acted or AGENDA ITEM representation shall be provide -3- Pg* bo eo wher~ the County person has willfully failed to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reason(s) within the County person's scope of employment and served a valid public purpose. Collier County shall at all times have the discretion to determine whether to directly represent such individual through the County Attorney,s office or to select counsel to represent said County person in the civil action or civil rights action. If a County person chooses ~to obtain private legal counsel without prior authorization from Collier County, all fees and/or costs incurred by such person shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment of legal fees and/or costs. Any legal fees and/or costs properly payable under this Policy must be reasonable in amDunt. Pursuant to Section 111.07, Florida Statutes, any attorn~y,s fees and/or costs paid or incurred by the County for any County person who is found to be Personally liable by virtue of acting outside the scope of employment, in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety or property, may be recovered by the County in a civil action against such County person. Notwithstanding anything else stat section or this Resolution, the Boar~ the ~ole and absolute discretion --4-- Section 111.07, Florida Statutes, as well as by applicable case law, to not provide legal representation and to instead reimburse any County person for reasonable attorney fees and/or costs in the event that said County person prevails in the civil or civil rights action. 3. Pursuant to Sections Ii1.071 and 111.072, Florida Statutes, the county shall pay for final judgments, settlements and/or costs involving county persons in civil actions and in civil right~ actions subject to the limitations provided herein. Collier county shall pay final judgments, settlements and/or costs involving county personsa only where the litigation arose out of or in connection with the performance by the County person of official duties and while serving a valid public purpose. No final judgment, settlement or costs shall be paid for by the County in a civil action or a civil rights action if the County person against whom the final judgment, settlement and/or costs have been imposed has acted or failed to act with intent to harm. The County shall not pay any final judgment, settlement and/or costs in tort actions where a County person has acted or failed to act with bad faith, malice or with wanton and willful disregard of human rights, safety or property. No judgment and/or costs shall be paid in any case where the County person has willfully failed to follow the legal advice furnished by the office of the County Attorney, unless the Board Commissioners specifically finds, meeting, that said failure to fo .low S81 g1,11 2001 Pg._ '7 . advide was for reasons within the County person,s scope of employment and served a valid ; public purpose. b. Any final judgments, settlements and/or costs paid or incurred by the County shall be in strict adherence with the sovereign immunity recovery limits set forth in Section 768.28, Florida Statutes. c. If the County person has had private legal representation in the case, contrary to the provisions of Section (2) (bi of this Policy, any final judgment, settlement and/or costs imposed shall be the sole responsibility of said person and Collier County shall accept no responsibility for payment of the final judgment, settlement and/or costs. d. Pursuant to Section 111.071(4), this section is ~ intended to be a waiver of sovereign immunity or a waiver of any other defense or immunity to such lawsuits. 4. In cases where a County person is formally charged with a criminal violation, the County shall pay the. legal fees and/or costs incurred by said County person only under the following circumstances: a. The charge= against the County person arose out of or in connection with the performance of official duties and while serving a valid public purpose. b. The County person ha~ been acquitted or the charges dismissed. Lomelo v. City of Sunrise, 423 So. 2d. 974 (4th DCA 1982), pet. for rev. dismissed at 431 So.2d. 988 (Fla. 1983), and AGO 89-33. c. The legal fees and/or costs charged are reasonable in ~mount. ~. A~E"DA ITEM No._L f SEP 1 1 2001 d. The dounty person has first notified the County administration and legal staff of the pendency of the charges and has permitted the County the opportunity to either directly provide counsel or to allow said County person to choose his/her own counsel. e. The charges have not resulted from the willful failure of the County person to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of a criminal case shall be paid by the county only for proceedings involving potential criminal liability for the County person and where the allegations are ultimately determined to be unfounded and to have arisen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11. The provisions of Subsections 4b, c, d and e of this Resolution shall also govern these case~. g. In the event that the County person has been provided legal representation by the County and the County person is found guilty of a criminal charge, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the 5. The County shall pay legal fees and/or by County persons in cases involving formal --7-- incurred Pg. ~ subject to the limifations provided herein: unfounded and to have arisen related to the performance of of and while serving a valid public ao The ethics charges arose from conduct related to the performance of official duties and while serving a valid public purpose. Ellison V.Reid, 397 So. 2d. 352 (lst DCA 1981) and AGO's 85-51 and 90-74. b. The County person has prevailed and successfully defended against the ethics charges. c. The legal fees and/or costs charged are reasonable in amount. d. The County person has first notified the County administration and legal staff of the pendency of the charges and has permitted the County the opportunity to either directly provide counsel or to allow said County person to choose his/her own counsel. e. The charges have not resulted from the willful failur~ of the County person to follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person,s scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by a County person during the investigatory, pre-charge stages of an ethics complaint shall be paid by the County only for Proceedings involving potential civil and/or criminal liability and/or ethics sanctions for the County person and where the allegations are ultimately determined to be from conduct SEP 1 1 2001 94-11'. The provisions of Subsections 5b, c, d and e of this Resolution shall also govern these cases. g. In the event that the County person has been provided legal representation by the County and the County person is found by the Florida Ethics Commission or other appropriate tribunal having jurisdiction over the case to have committed ethical violations, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. h. Nothing in this section shall be construed to preclude the County Attorney from requesting formal 6r informal ethics opinions on behalf of one or more commissioners. 6. The County shall pay legal fees and/or costs incurred by county persons in cases involving non-county aaministrative and/or regulatory proceedings and/or formal charges subject to the limitations provided herein: a. The proceedings and/or charges arose from conduct related to the performance of official dutie~ and while ~erving a valid public purpose. The County person has prevailed and successfully defended against the proceedings and/or charges. The legal fees and/or costs charged are reasonable in amount. The County person has first notified the County Administration and legal staff of the pendency of the proceedings and/or charges and has permitted the County the opportunity to directly provide counsel or to allow said County person to choose his/her own counsel. The charges and/or proceedings have no~~~j from the willful failure of the Coz ~ty ~o¥ --9-- pg. by individual members of the Board of County Commi instituting, as opposed to defending, litigation on -10- follow the legal advice furnished by the Office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the County person's scope of employment and served a valid public purpose. f. The legal fees and/or costs incurred by the County person during the pendency of the proceedings and/or the investigatory, pre-charge stages of an administrative or regulatory case shall be paid by the County only for proceedings and/or charges involving potential civil and/or criminal liability and/or administrative/ regulatory sanctions for the County person and where the allegations are ultimately determined to be unfounded and to have risen from conduct related to the performance of official duties and while serving a valid public purpose. AGO 94-11. The provisions of Subsections 6b, c, d and e of this Resolution shall also govern these cases. g. In the event that the County person has been provided legal representation by the County and the County person is found, by an administrative or regulatory agency or other appropriate tribunal having jurisdiction over the case, to have civil or criminal liability and/or to have violated administrative or regulatory rules, the County may recover from the County person in a civil action all legal fees and/or costs paid or incurred by the County. The County shall pay legal fees and/or costs incurred ~'~D~ REM . SEP11 2001 of the following cirbumstances are present: a. The litigation arises from or in connection with the Board members performance of official duties and the litigation serves a valid public purpose. b. This section shall apply only to members of the Board of county commissioners and not to any other ',county person" defined in Section 1 of this Resolution. c. The Board member must prevail in said litigation. d. The legal fees and/or costs are reasonable in amount. e. The Board member shall have first notified the Board of County commissioners, the County Administrator and the County Attorney prior to the commencement of the litigation and shall have permitted the County the opportunity to either directly provide counsel or to allow said Commissioner to choose his/her own counsel. f. The litigation has not resulted from the willful failure to follow the legal advice furnished by the office of the County Attorney, unless the Board of County Commissioners specifically finds, at a public meeting, that said failure to follow legal advice was for reasons within the commissioner's scope of employment and served a valid public purpose. g. In the event that the commissioner has been provided legal representation by the County and the Commissioner does not prevail in the litigation, then the County may recover from the Commissioner in a civil action al ..~f~es AGENDA Ii ~i :. .... C ty and/or costs paid or incurred by th, c~._£ ..... l&.(~.{~ s. An preliminary eoisions ad ini =er jEP la?d2001 pg. ! implementing this policy shall init~al!y be made by the County Administrator and/or his designee and the Office of the County At}orney in cooperation and consultation with each other,s respective offices. Both offices are hereby delegated the power to make any lawful and reasonable investigation and evaluation of cases arising under this policy. Said evaluation shall take into account all available relevant information in addition to the nature, type, number and substance of the allegations contained in any pleadings filed and/or served in any legal proceeding. All final determinations regarding the implementation and administration of this policy shall be made only by the Board of County Co~issioners which is in accordance with AGO's 85-51, 89-22, 90-74 and 91-58. The Board shall also make all final determinations regarding the provision of a legal defense and/or paying legal expenses of County persons for any type of legal claim or suit arising from a County person's performance of official duties while serving a valid public purpose if said type of claim or suit is not specifically addressed by this Resolution. 9. Collier County Board of County Commissioners Resolution Nos. S5-126 and S5-17S are hereby repealed and superseded in their entirety. This Resolution adopted after motion, second and majority vot~'fa¥oring same. DATED':" 'z/F · TTEST':,' "'. DWIGHT' ' E ~ ~ BR?iCK, Clerk Ap. proved'as to form and legal'I su'fficiency: BOARD OF COUNTY COMMISSIONERS By: ~~ ~ b~---~TTYE 3. ~THEW$, Chairman Chief Assistant County Attorney -!2- AGENDA ITEM .... SEP i i 2001 EXECUTIVE SUMMARY PETITION SNR-2001-AR-997, COLLIER COUNTY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES, REPRESENTING COLLIER COUNTY, REQUESTING A STREET NAME CHANGE FOR A PORTION OF ANTIGUA STREET TO SAMAR LANE, LOCATED IN ISLES OF CAPRI NO. 3, IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 26 EAST. OBJECTIVE: To have the Board of County Commissioners render a decision on the requested renaming of a portion of Antigua Street to Samar Lane. CONSIDERATIONS: The Petitioner is requesting that the eastern segment of Antiqua Street, '[rom Samar Avenue to San Juan Avenue, be changed to Samar Lane, There are currently two segments of Antigua Street divided by Griffis Highway a/Wa Capri Boulevard. This separation is causing confusion and difficulties for the residents addressed off the western segment; there are no residents addressed off the eastern segment. The proposed change of the name of the eastern segment only to Samar Lane would eliminate this confusion without requiring that the residents of the western segment change their existing addresses. FISCAL IMPACT: Fiscal impact to the County Administrator's agency will be incurred in the form of staff time spent revising plats and addressing records. Fiscal impact to fire, police (Sheriff's Office), Post Office, EMS, and 911 Emergency Services will be incurred in the form of costs to update records and maps. GROVVTH MANAGEMENT IMPACT: The renaming of the street will have no impact on the Growth Management Plan. There are no historical/archaeological issues associated with this petition. SEP 11 2001 .g..__L_ STAFF RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition SNR 2001-AR-997, changing the name of the eastern segment of Antigua Street to Samar Lane. PREPARED BY: I~O~S G. pCdHENAUR, PLANNER II CURR~NT PLANNING REVIEWED BY: USAN MURRAY, AICP CURRENT PLANNING MANAGER THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: TORJoH~q M. bUNNUC-K, III, INTERIM ADMINISTRA COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE SNR-2001-AR-997 SEPII 2001 RESOLUTION NO. 01- RESOLUTION RENAMING THAT PORTION OF ANTIGUA STREET BETWEEN SAMAR AVENUE AND SAN JUAN AVENUE TO SAMAR LANE, WHICH STREET IS LOCATED IN ISLES OF CAPRI #3, IN SECTION 32 , TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners is authorized pursuant to authority of Chapter 336.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHEREAS, the Board of County Commissioners has been requested to confirm the renaming of that portion of Antigua Street which extends from Samar Avenue to San Juan Avenue, to Samar Lane. This street is located in Section 32, Township 51 South, Range 26 East, Collier County, Florida, Isles of Capri No. 3, according to the plat thereof, recorded in Plat Book 3, Page 66, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no street in Collier County with this name or any similar sounding name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NOW THEREFORE, BE IT RESOLVED BY the Board of County Commissioners of Collier County, Florida that: The name of that portion of Antigua Street between Samar Avenue which extends from Samar A',enue to San Juan Avenue is hereby changed to Samar Lane and is confirmed as such. BE IT FURTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street and zoning atlases of Collier County, and notations made on the referenced Plat. This Resolution adopted after motion, second and majority vote. Done this day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk Approved as to Form ~/',Le ga I S~ ~cienF.,y? Patrick~J. White' Assistant County Attorney BY: JAMES D. CARTER, Ph.D., CHAIRMAN AGENDA ITEM NO. ~ ,.SEP"I' 1 2001 APPLICATION FOR STREET NAME CHANGE AGENT'SNAME: Collier County Development Serv~oneNo. 403-2482 AGENT'S FIRM:_ Collier Count /Addressin FazNo. 659-5724 AGENT'S ADDRESS: 2800 North Horseshoe Drive PETITIONER'S NAb{E: Collier County/Add. ressinq Telephone No._403-2482 PETITIONER'S ADDKESS:_ 2800 North Horseshoe Drive COMPLETE TIIE FOLLOWI2qG FOR ALL ASSOCIATION (S) AFFILIATED %VITH TI{IS pETITION. ( Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address Name of Homeowner Association: Mailing Address" city. State ____._. Zip_ city State ______. Zip_ Name of Master Association: Mailing Address city State _ _ Zip _ Name of Civic Association: Mailing Address city State ______ Zip mass COMIV~JNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT/CURRENT PLANNEqG 2800 NORTIt HORSESHOE DRIVE - NAPLES, FLORIDA 34104 TELEPHONE (!~41) 403-2300, FAX (941) 643-696~ AGENDA 1TEM bio. ~ ,.$EP I 1 2001 PROPOSED CHANGE: CURRENT NAb[E OF STREET: PROPOSED STREET NAM~E: Antigua Street Samar Lane STREETIN QUESTIONIS: ~public. or ~ pnvate Re.on ~rproposedchange: In the subdivision Isles Of Capr~ Mn_ q ~horo ace two seqments of Antiqua Street divided by Griffis Hiahwav (AKA Capri Blvd.). This is causin~ problems for the residents who are addressed on the west side of AntiGua Street. There are no residences addressed on the east side of Antigua Street. There will be less confusion for emergency response, deliveries an~ homeowners if the ~ast side of thi~ segment was renamed. There are three property owners that abutt the east side of Antigua Street Approximate length of street: 200' Number of parcels or lots abutting street: Total Number of property owners abutting street to be renamed: 3 Total Number of property owners signing petition to change street name: None Percentage of property owners signing petition: None Applicant [] does, or [] does not, agree to pay cost of street sign replacement for pu (app~x. $100.00 lxr sign ) AppUtntlon kr S~r~ Nam CImm~. !1/~ Pap 3 AGENDA ITEM )lic s~e=t. Pg. ~:~ EXECUTIVE SUMMARY VA-2001-AR-1138, ARMANDO PARRA JR., REPRESENTING ANTONIO ALFARO, REQUESTING A 3.93-FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 30-FOOT FRONT YARD SETBACK TO 26.07 FEET FOR PROPERTY LOCATED AT 2272 52ND LANE SW, FURTHER DESCRIBED AS LOT 2, BLOCK 211, GOLDEN GATE UNIT 6, IN SECTION 21, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: That the community's interest is maintained in a single-family neighborhood. CONSIDERATIONS: There is no land-related hardship with respect to this petition. The petitioner wishes to continue construction on a single-family house. The Building Review & Permitting Department issued a building permit for the house on May 24, 2001. At the time the building permit was submitted, the Customer Service Agent who processed the permit inadvertently reversed the front and rear setbacks. The error was caught when the spot survey was submitted on June 8, 2001. The application for a variance was submitted on July 3, 2001. This encroachment is the subject of this variance. There are approximately 20 feet of unpaved right-of-way between the property line and the edge of pavement. As a result, there will be over 45 feet of grass from the front of the house to the edge of pavement. This may be considered an ameliorating factor for the encroachment. No letters or phone calls were received regarding this petition. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. SEP 11 2001 GROWTH MANAGEMENT IMPACT: Approval of this variance will not affect or change the requirements of' the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did not review this petition because the EAC does not normally hear variance petitions. CCPC RECOMMENDATION: The Collier County Planning Commission heard this petition at its August 16, 2001 meeting. Citing the ameliorating factor of the unpaved right-of-way as well as the Building Department error, the CCPC voted 5 to 0 to forward petition V-2001-AR-1138 to the BZA with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this after-the-fact variance. However, there are ameliorating factors; specifically, the existing 45 feet of grass separating the structure from the edge of pavement, and the fact that the encroachment was due to a Building Department error. Therefore, Planning Services staff recommended that the CCPC forward Petition VA-2001-AR- 1138 to the BZA with a recommendation of approval. In addition, staff recommends refunding the $1,025 application fee to the petitioner. -- A(3ENDA, ITEM SEP 1 1 2001 PREPARED BY: FP~D ~dEISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: DATE SUSAN MURRAY, AICP "7 CURRENT PLANNING MANAGER DATE THOMAS E. KUCK, PE INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: Jq~N M. DUNNUCK, III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive summary/'VA-2001 -AR-1138 3 SEP 11 2001 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JULY 27, 2001 SUBJECT: PETITION VA-2001-AR-1138 AGENT/APPLICANT: OWNER: AGENT: Laura Galdamez Antonio Alfaro Armando Parra, Jr. 2610 39* Street SW Naples, FL 34117 REQUESTED ACTION: The petitioner requests a 3.93-foot after-the-fact variance from the required 30-foot front yard setback to 26.07 feet, to allow construction to continue on a single-family house. GEOGRAPHIC LOCATION: The subject property is located at 2272 52nd Lane SW within the Golden Gate ;ubdivision. A~IDA ITEM SEP11 2001 ~,g. Ll II IIII I®1111 I [1:111111:1111111111'1111111111l I I I I I I I I I I j PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to continue construction on a single-family house. The Building Review & Permitting Department issued a building permit for the house on May 24, 2001. At thc time the building permit was submitted, the Customer Service Agent who processed the permit inadvertently reversed the front and rear setbacks. The error was caught when the spot survey was submitted on June 8, 2001. Thc application for a variance was submitted on July 3, 2001. This encroachment is the subject of this variance. SURROUNDING LAND USE AND ZONING: Single-family house under construction; zoned RSF-3 Subject: Surrounding: North - East - South - West - Single-family house; zoned RSF-3 Single-family house; zoned RSF-3 Single-family house; zoned RSF-3 52nd Lane SW ROW HiSTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, a Historical/Archaeological Survey and Assessment or waiver is not required. EVALUATION FOR IMPACTS TO TRANSPORTATION, INFRASTRUCTURE AND ENVIRONMENT: Approval of this variance request will have no effect on infrastructure, transportation or the environment. ANALYSIS: Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 2.7.5.6.1 through 2.7.5.6.8, which are general guidelines to be used to assist the Commission in making a determination. Responses to the items in Section 2.7.5.6 are as follows: ,~.,~..T~A ~W.M SEP 11 2001 2 Pg. ¢ no Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? No: The home was designed to fit on the lot. An error resulted in the encroachment. Are there special conditions and circumstances, which do not result from the action of the applicant such as pre-existing conditions relative to the property, which is the subject of the variance request? Yes. The Building Review & Permitting Department issued a building permit for the house on May 24, 2001. At the time the building permit was submitted, the Customer Service Agent who processed the permit inadvertently reversed the front and rear setbacks. The error was caught when the spot survey was submitted on June 8, 200 I. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? No. There is no land-related hardship. However, there may be a financial hardship on the property owner resulting from a Building Department error. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The house could be reconfigured within the setbacks, which would be a reasonable use of the land. However, the requested variance is the minimum required to complete construction as requested by the petitioner. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, the granting of this variance will allow the petitioner to have a smaller front yard than the minimum required in the RSF-3 zoning district. f. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, this variance will allow the construction of a house closer to th~ other houses in the zoning district. However, there are 20 feet of un right, f-way than ved ri y $£P 11 2001 between the lot and the paved right-of-way, resulting in over 45 feet of grass between the house and the pavement. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? Yes. There are 20 feet of unpaved right-of-way between the lot and the paved right-of-way, resulting in over 45 feet of grass between the house and the pavement. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions. PLANNING SERVICES STAFF RECOMMENDATION: There is no land related hardship associated with this after-the-fact variance. However, there are ameliorating factors; specifically, the existing 45 feet of grass separating the structure from the edge of pavement, and the fact that the encroachment was due to a Building Department error. Therefore, Planning Services staff recommends that the CCPC forxvard Petition VA-2001-AR- 1138 to the BZA with a recommendation of approval. SEP 11 2001 PREPARED BY: Ft~_._~ISCHL, AICP PRINCIPAL PLANNER REVIEWED BY: ?.~?.c/ DATE ~USAN MURRAY, P~ICP CURRENT PLANNING MANAGER DATE THOMAS E. KUCK, PE INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: · DATE ' ~,T%~O~~~'~ o ~V~,ON~NTA~V~ ADMINISTRATOR Petition Number: VA-2001-AR-1138 Collier County Planning~.ommission: OYCE,~qA J. RAUTI6, CHAITaM.~ S£P ~1 VA-2001-AR-i 138 ALFARO, ANTONIO PROJECT #2001070012 DATE: 7/6/01 FRED REISCHL VARIANCE PETITION_ (VARIANCE FROM SETBACK (S) REQUll:LED FOR A PARTICULAR ZONING DISTRICT) Petition No. Commission District: Date Petition Received: Planner Assigned: AFI* GENERAL iNFORMATION: Petitioner's Name: Petitioner's Address: Telephone: Agent's Address: ~ Telephone: ~x~ ~ .~2.- ~'-C)C) Page SEP 11 2001 of 8 Application for Variance Petition - 8~98 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Master Association: Mailing Address City. State ~ Zip Name of Civic Association: Mailing Address City. State ~ Zip PROPERTY DESCRIPTION: Legal Description of Subject Property: Subdivision: ~.~[1,.r-~ ~__~o.."~ Unit ~,o Lot(s) ~ Section ;2,/ Twp. /-/~ Range Z ~ Property I.D. # Block (s) Metes & Bounds Description: Application for Variance Petition - 8/98 Page 2 SIP 11 2001 Address of Subject Property: ~ ' (If different from Pcftioner's address) Current Zoning and Land use of Subject Parcel: _ Adjacent Zoning & Land Use: ZONING LAND USE S W E Minimum Yard Requirements for Subject Property: Front: Comer Lot: Yes [~ No Side: Waterfront Lot: Yes [-1 Rearl Application for Variance Petition - 8/98 Page SEP 11 2001 Nature of Petition Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc. SEP 11 2001 Application for Variance Petition - 8~98 Page. of 81:~' ~3 Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages if necessary.) - 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, stmctuxe, or building involved. Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. 4o Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or smacture and which promote standards of health, safety or welfare. Application for Variance Petition - 8/98 I'D 1 2001 5. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures ha the same zoning district. 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. 8. Will granting the variance be consistent with the growth management plan. .o. $£P 11 2001 Page 6 of 8 Application for Variance Petition - 8/98 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENV1RO~ENTAL SERVICES DMSION Building Review and Perm[tting Department 2800 North Horseshoe Drive Naples. Florida 34104 June 19, 2001 Antonio Alfaro Permit #2001-031354 (2272 52"" Lane SW) Dear Mr. Alfaro: The Buitding Review and Permitting Department issued the above referenced permit on 5/24/01. At the time the permit was submitted, the Customer Service Agent who processed the permit inadvertently reversed the front and rear setbacks. This mistake was not caught until the spot survey was submitted on 6/8/01 depicting an encroachment into the front yard setback. The survey shows a distance o[ 26.07 feet to the property line and the required setback is 30 feet. The only way to correct this encroachment is to move the foundation back in order to meet the 30 foot required front setback or apply for a variance to the Board o[ County Commissioners. It is my understanding that the builder, has applied for such a variance through the Planning Services Departmem and that they have agreed to process this petition as expedh.ious]Y as possible. The Building Department makes every effort to prevent mistakes like this [rom happening; however, our staff are human and they do occasionally make mistakes. We apologize for any inconvenience this may cause you and assure you that we will do everything within our power to expedite the processing of your variance so that construction can cont?? on your house, ~ 2dward S~ P~ico Director PIIONE (941) 403-2400 FAX (941) 643-3266 SEP I 2001 Jul 03 Ol 03:59p GOLDE~ DRERM HOMES S413525300 p.l AFFIDAVIT a~are the o~ of the pgo~er~ d~crib~ herein a~ whmh ~ t~e subject man~ of the proposed hearing; that atl the an~ to the qu~tio&, & th~ apphcation, incl~ing the disclosure of i~erest informa~on, aH s~tch~. ~. a~ otfi~ ~p~me~ m~ter attached to and made o part of th~ application, are hon~t and t~e to the best of our ~owledge and &tief W~ understand that the info~tion r~u~t~ on th~ ~plication m~t b~ ~mplete and acetate and that t~e content of th~ form, whet~r compeer generated or C~n~ pvinted ~l t~vt be uhered. ~bltc itga~n~ will nor be a~ u,ttil t~ ~pplic~tion i~ dccm~ com~t~e. and aH requ~ed info~ation ~as Men $~mitled. As property owner We/l fitr~r authorize as our/my reffrese~tatiYe in any matter.~ regarding tlti.~ Petition. $~g~ature of Properry~ Tyl~d or Printed Name of Owner 73,ped or Printed Name of Owner State o£ Florida County of Collier Page 8 o£ 0 ^c~A I~ S£P 11 2001 Jul 03 01 03:SSp GOLDEM DREAM HOMES 941352S300 p.1 p.fdl am/ar~ the owner~ of the property de, scribed he. tern and which u~ the subject matter of the proposed hearing; that ali abe ans'~ers to the question8 in this application, including tile dlsctosure of interest information, ali sl~tches, data, and other stpplementary matter attached to and rnnde a part of tAL~ application, are honest and true to the be~t of our knowledge and belief. We. fi und~r$tand that the information reque~tod on th~ application must b~ complete and accurate and that the content of this form, whether computer genera:ed or County printed zhall nut b~ uttered. Publtc heartn~ will not be advgrti~r.d until 06. application i~ decm~l compt~e. and all required information has been submitted. to act .4s property owner ~eIl furfber authorize as our/my representativ~ in any matter.~ regarding this p~tition. ~a~re-of~op~~ ~gn~Owner _ . oIO.,.,r Tying or Printed Name of Owner IX~peg or Printed Name l'he foregoing instrument ~az acknowledged before me thu _~ day of -'~ ~ ~,] ,,, ~ by ~ ~"~ ~ho ~ perso.~lly ~own to me or has progbC~d Stare of Florida County of Collier far Variaiee Plll~l - ~ Pate 8 of 8 SEP I 1 2001 RESOLUTION NO. 01- RELATING TO PETITION NLrMBER VA- 200I-AR-1138, FOR AN AFTER-THE-FACT VARIANCE ON PROPERTY HEREiNAFTER DESCRIBED FN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the Slate 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) xvhich 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 3.93-foot after-the-fact variance from the required front yard setback of 30 feet to 26.07 feet as shown on the attached plot plan, Exhibit "A", in an RSF-3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING .APPEALS of Collier County, Florida, that: The Petition VA-2001-AR-1138 filed by Armando Parr& Jr., representing Antonio A/faro and Laura Galdamez, with respect to the property hereinafter described as: Lot 2, Block 211, Golden Gate Unit No 6, Part-l, as recorded in Plat Book 9, Pages I and 7, of the Official records of Collier County, Florida be and the same hereby is approved for a 3.93-foot after-the-fact variance from the required front yard setback of 30 feet to 26.07 feet as shown on the attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said >roperty is located, subject to the following conditions: -2.- SEP 11 2001 lc/ I. This variance is for the encroachment shown in Exhibit "A" only'. An,v other encroaclm~ent shall require a separate variance. ~' In the case of the destruction of the encroaching structure, for any reason, to a':~ extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall confom~ to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT RESOLVED that this Resolution relating to Petition Number VA-2001-AR- 113 S be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY. FLORIDA Approved as to Form and Legal Sufficiency: JAMES D. CARTER, Ph.D., CHAIRMAN Marjorie M. Student Assistant Count3,' Attorney -2- AGENDA ITEM_ SEP 11 2001 ... Z© '~/?./ , C~°2 77/~?..~....._ EXECUTIVE SUMMARY PETITION CCSL-2001-1, ILENE BARNETT, OF COASTAL ENGINEERING CONSULTANTS INC., REPRESENTING THE REGISTRY RESORT, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW CONSTRUCTION OF DUNE WALKOVERS, DESIGNATED AREAS FOR BEACH CONCESSION STORAGE, AND PATHWAYS LANDWARD OF THE BEACH, LOCATED AT THE COLLIER COUNTY CLAM PASS PARK (SEE EXHIBIT A FOR LEGAL DESCRIPTION), SECTION 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FL. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately one hundred thirty (130+) feet for the construction of a dune walkovers, designated areas for beach concession storage and a possible future access way landward of the beach (See Exhibit B). CONSIDERATIONS: The subject property is located at the Clam Pass County Park owned by the Collier County Board of County Commissioners, within the Pelican Bay PUD. The petitioner proposes to mitigate for the removal of vegetation from the areas where the possible pathways and storage areas will be constructed. The petitioner is creating storage areas and beach access that will minimize impacts to sea turtles during sea turtle nesting season. The petitioner will avoid or minimize impacts to the Gopher Tortoise population, which exists on site, by field locating proposed improvements. Exotic vegetation will be removed from the boundary of the Facility in accordance with the Collier County Land Development Code Section 3.9.6.6. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. AGENDA iTEM NO. SEP 1 1 2001 In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 90-102, Division 3.13, as amended. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The proposed improvements with the conditions as attached, are consistent with the following sections of the Collier County Growth Management Plan: OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 11.4 Until the Coastal Barrier and Beach System Management Plan is adopted (Objective 11.6), protect developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. POLICY 11.4.4 Require dune stabilization and restoration improvements in land development projects along beach areas. 11.4.5 Initiate and support beach and dune restoration and preservation programs where appropriate. 11.4.6 Require native vegetation as landscaping in developed activities in developed coastal barrier systems and on the beach and dune systems. OBJECTIVE (CONSERVATION AND COASTAL MANAGEMENT ELEMENT) 11.5 For undeveloped shorelines, provide improved opportunities for recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards that will minimize the impact of manmade structures on the beach and dune systems. POLICY 11.5.4 Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures access crossovers, and where enforcement w(~uld not allow any reasonable economic utilization NO. SEP 1 1 2001 Pg. property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. 11.5.11 Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. 11.5.13 For all beachfront land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation as appropriate. ENVIRONMENTAL ISSUES: The Clam Pass County Park Facility has constructed a restaurant, decking and dune walkovers over a portion of the dune system at this location. At the time of these improvements, they were required to restore any area of the dune, which was devoid of dune vegetation. This was to ensure the integrity of the dune system at this site and to maintain it as a natural functioning system. It is essential to the shoreline for the existing dune vegetation to be maintained and for any sparse areas to be planted, to provide protection and stabilization to the system as a whole. To mitigate for the impacts to native dune vegetation removed during the construction of these improvements, non- native dune vegetation on this site will be replaced with native compatible dune vegetation. The other major environmental issue is the presence of sea turtles that nest on this beach between May 1 and October 31 each year. The ultimate goal is to protect their nesting into the future. Locating all of the improvements off of the beach, and in areas of the dune with non-native vegetation, will provide such assurances. Creating a pathway landward of the beach to transport will reduce potential risks of using vehicles on the beach during sea turtle nesting season. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends approval of Petition No. CCSL-2001-1 subject to the following stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP), Division of Beaches and Shores and an approved FDEP permit shall be AGENDA ITEM NO. ~ SEP 1 1 2001 o 10. obtained, and copies provided to the County, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code, Division 3.10, between May 1 and October 31 of each year, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. The petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. The petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. The petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area, i.e. fore-dune or back dune). The re-vegetation shall be completed, according to a plan approved by Collier County Current Planning Staff, prior to the issuance of a Certificate of Occupancy. This plan shall also include mitigation for areas of vegetation removed for construction of the platforms and storage areas. Non-native vegetation existing on the dune within the boundary of the beach facility parcel shall be removed and replaced with native vegetation. All platforms and storage areas shall be located entirely off the beach and no items may be stored on the beach during sea turtle nesting season. The petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. The petitioner shall submit a Gopher Tortoise Survey (and if necessary a plan to barricade the work area or a Gopher Tortoise Relocation/ Management Plan) to Collier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. The petitioner shall submit copies of all necessary agency permits (i.e. FFWCC for gopher tortoise) prior to any site improvements or obtaining any building permits. AGENDA ITEM NO. ~ SEP 1 1 2001 11. Petitioner shall field locate storage areas to avoid or minimize potential impacts to existing gopher tortoises and their burrows. 12. 'l'he petitioner shall remove all exotic vegetation from the boundary of the facility in accordance with the Collier County Land Development Code Section 3.9.6.6. 13. Minor revisions to Coastal Construction Setback Line Variance CCSL-2001-1 (including changes in siting, structures and number of storage areas) may be approved, in writing, by the Planning Services Director or his/her designee. EAC RECOMMENDATION: N/A. CCSL variances are not required to be heard by the EAC. CCPC RECOMMENDATION~ N/A. CCSL variances are not required to be heard by the CCPC. PREPARED BY: BARBARA7 S. BORGE$O~ - SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION REVIEWED BY: DATE ~USAN MURRA~ER CURRENT PLANNING SECTION DATE THOMAS KUCK, PE, INTERIM DI~P~ECTOR DA PLANNING SERVICES DEPARTMENT ~Oc~M~TyU~D E CvEK~q~MEE NI~T ADMINISTRATOR DATI~, 8,: ENVIRONMENTAL SERVICES DIVISION AGENDA ITEM No._ SEP ! 1 2001 RESOLUTION NO. 2001- RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-2001-1, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW CONSTRUCTION OF DUNE WALKOVERS, DESIGNATED AREAS FOR BEACH CONCESSION STORAGE, AND PATHWAYS LANDWARD OF THE BEACH, LOCATED AT THE COLLIER COUNTY CLAM PASS PARK (SEE EXHIBIT A FOR LEGAL DESCRIPTION), LOCATED IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, Ilene Barnett of Coastal Engineering Consultants Inc., representing The Registry Resort, requests a variance from the Coastal Construction Setback Line (CCSL) as required by the Collier County Ordinance 91-102, Division 3.13, as amended, to allow construction of dune walkovers, designated areas for beach concession storage and pathways landward of the beach (Exhibit B); and WHEREAS, the subject property is located at thc Clam Pass County Park owned by the Collier County Board of County Corcanissioners, within the Pelican Bay PUD; and WHEREAS, the proposed improvements will extend no further out than approximately 130 feet seaward of the adopted coastal construction setback line CCSL; and WHEREAS, the subject property had a CCSL variance (CCSL-99-2) approved by the Board of County Commissioners for structural improvements; and WHEREAS, the petition is consistent with the Collier County Land Development Code, Division 3.13, as amended; and WHEREAS, the petition is consistent with the Collier County Grovah Management Plan - Conservation and Coastal Management Element. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Variance Petition CCSL-2001-1 be approved, subject to the following conditions: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP), Division of Beaches and Shores and an approved FDEP permit shall be obtained, and copies provided to the County, prior to issuance of a Collier County Building Permit. Construction activities shall not occur within one hundred (100) feet of the sea turtle nesting zone, defined by Collier County Land Development Code, Division 3.10, between May 1 and October 31 of each year, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County Construction in Sea Turtle Nesting Area Permits. The petitioner shall notify Current Planning Environmental Staff one week prior to commencing work seaward of the CCSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within three hundred (300) feet of the high tide line, shall be in compliance with Division 3.10 of the Collier County Land Development Code. 5. The petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line. 6. The petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation (appropriate to that specific area, i.e. fore-dune or back dune). The re- vegetatio3 shall be completed, according to a plan approved by Collier County Current Planning Staff, prior to the issuance ora Certificate of Occupancy. This plan shall also include mitigation for areas of vegetation removed for construction of the platforms and storage areas. Non-native vegetation existing on the dune within the boundary of the beach facility parcel shall be removed and replaced with native vegetation. 7. All platforms and storage areas shall be located entirely off the beach and no items may be stored on the beach during sea turtle nesting season. 8. The petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to intrude into this re-vegetation area. 9. The petitioner shall submit a Gopher Tortoise Survey (and if necessary a plan to barricade the work area or a Gopher Tortoise Relocation/ Management Plan) to Collier County Current Planning Environmental Staff for review and approval, prior to any site improvements or obtaining any building permits. 10. The petitioner shall submit copies of all necessary agency permits (i.e. FFWCC for gopher tortoise) prior to any site improvements or obtaining any building permits. 11. Petitioner shall field locate storage areas to avoid or minimize potential impacts to existing gopher tortoises and their burrows. 12. The petitioner shall remove all exotic vegetation from the boundary of the facility in accordance with the Collier County Land Development Code Section 3.9.6.6. 13. Minor revisions to Coastal Construction Setback Line Variance CCSL-2001-1 (including changes in siting, structures and number of storage areas) may be approved, in writing, by the Planning Services Director or his/her designee. This Resolution adopted after motion, second and majority vote. DONE AND ORDERED this day of ,2001. DATE: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: DWIGHT E. BROCK, Clerk JAMES D. CARTER, Ph.D., Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: Marjor~ M. Student Assistant County Attorney AGENDA ITEM NO. SEP 1 1 2..001 00754931 000966 I2LII13 ~ OR 'ltECOl~O OOlB~l PAGE This Qult-¢ls~.u Deed, uecu~d this 13th d~ of Ap~l, lJSZ, b~ ~kLZ~ ~. a ~11tlcal s~s~ of h SIR. of Flortd; ~l~r ~fe~d ~ ~ ~: tm v.J...--_; 77?; '-' -~'~'~--~-~--- at -bM4 11~4 thflmah ll~J. Intlgslq~. '-:_--b,~4. re.eh,d4 ef Collier ComRT, floreal, sees mrtoy mz$., *'~..'~_T'_|'--~-"~T~ i11 the Hght, title, 1statist, cletn and .d~im. QUiT-~illl envy ...... ts--i-- · .... ,~.d lot mttce or marcel K liN. _~UfT~ M.s~_l_n_a_~.~,~ ,. ~ou~tv of ~o111er, State or Flortdl, to-v4t. Sit.lie. lying .ne u~,q ,- th~ I) Tin.ms and assessments for 1982 r~c rded t~ Urfl¢lll &~orgl_ Im~astvt, of %bm Public lecords TMs Immtnmmt ~ I~. IMs m mctptM Imi tim ICC # ,~N~, ~m~u NO. · wk mcr ~ ~-~C~ seol i~11cm la7 llfl. BY: ;-:'. h~s. ~t 3n4o SEP 1 1 2001 g' 000966 001042 OR 600K P $E TO NAT[ ANO TO HOLD TH~ S~E togetker ~tk all and singular ~p~astscts Uurtutto #longlq or la ii/vise agq)ertola;og, end 811 the emto, /rigid, title, JKmst~ 1te~, Iqult~ and clibl Uiltmr of MU~ITOI, either Jl 1mr or equtty, to tbl Miry ~ ~ kelofJt aod behoof of IN ¥1TIfF. S$ ~IEREOF, COPJ~L RIDGE-COLLIOt ~TJrq, INC., & Florida corporatfon, has sfgMd a~d se&led these presents tbe day and ~ear first aboYt Slg~ed, sealed and delivered In ~he presence of: COI~AL RIDG[.-COLL~It~IF~, iNC.. . / ~/.~.~ .. ',)., it...-. ~]J ~ ~S~. MSt~~~' N~ Camtsstee [fpJJ~s: EXECUTIVE SUMMARY ORDINA.NCE AMENDING COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT BY DELETING MOON LAKE UNITS 1 & 2 FROM THE COLLIER COUNTY LIGHTING DISTRICT; PROVDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVDING CONFLICT AND SEVER. ABILITY; PROVDING AN EFFECTiVE. DATE. OBJECTIVE: That the Board consider adop'ting the attached Ordinance amending Ordinance No. 72-1, as amended, creating and providing for the Collier County Lighting District, to delete Moon Lake Units 1 & 2 from the Collier County Lighting District. CONSIDERATIONS: In 1990, Development Review Services received a request from the Moon Lake Development Company for the County to provide street lighting in Moon Lake Units 1 & 2. Moon Lake was developed as a private subdivision; however, the request was inadvertently passed on to Transportation Services to follow-thru with the request. Transportation Services staff followed the requisite steps to obtain Board approval to provide street lighting in Moon Lake. Subsequent requests for street lighting in additional units of the subdivision were denied and the developer provided the street lighting in those areas. As the Moon Lake Subdivision is private, Collier County has neither jurisdiction nor maintenance responsibility for roadways, landscaping, etc., within the subdivision. Further, subdivision deed restrictions make provision for the Homeowner's Association to collect funds from the property owners for improvements such as street lighting, grounds maintenance and landscaping. Therefore, it is in the public's and the County's best interest to delete Moon Lake Units 1 & 2 from the Collier County Lighting District, and turn operation and maintenance responsibilities over to the Moon Lake Homeowner's Association. ~.~<-FISCAL IMPACT: The Collier County Lighting District fund (760) would be reduced by '~' approximately S8,400 annually if the Board approves amending Ordinance 72-1, as amended. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board adopt the attached Ordinance, which afnends Ordinance No. 72-1, as amended, by deleting Moon Lake Units 1 & 2 from the Collier County Lighting District. SUBMITTED BY: REVIEWED BY: APPROVED BY: 514arquita ~.fng, C[erica£~gupervisor ~_~ ' Edwa~d]J. Kanh p!}, Transportation Operations Director No~n E. F~der', AICP, Transpo~ation Administrator DATE: 6/20/01 DATE: 7- /-2-~/ DATE: ?/(/ak / / Pg. / 1 2 3 4 5 6 7 8 9 10 ORDINANCE NO. 2001 ORDINANCE AMENDING COLLIER COU'NTY ORDINANCE NO. 72-1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT BY DELETING MOON LAKE UNITS 1 & 2 FROM THE COLLIER COUNTY LIGHTING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING CONFLICT ANT) SEVERABrLITY; PROVIDING AN EFFECTIYE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF 11 COLLIER COUNTY, FLORIDA that: 12 13 14 15 SECTION ONE: AMENDMENTS TO COLLIER COUNU%' ORDINANCE NO. 72-1, AS AMENDED Sect/on One of Collier County Ordinance No. 72-I, as amended, is hereby amended to deleted the 16 follo~ving geographic area from the Collier County Lighting Dismct: 17 18 19 20 21 22 23 24 25 26 27 28 MOON LAKE UNITS 1 & 2, the boundaries of which are hereinafter described: All of Moon Lake Unit 1 as recorded in Plat Book 14, Pages 103-106, inclusive, of the Public Records of Collier county, Florida; all being a part of the West 1.'2 of the Southeast 1/4 of Section 6, Township 50 South, Range 26 East, Colher CounD', Florida, containing 23.50 acres more or less; and All of Moon Lake Unit 2 as recorded in Plat Book 14, Pages 122-123, inclusive, of the Public Records of Collier CounD', Florida; all being a part of Section 6, Toxx"nship 50 South. Range 26 East. Collier Count3', Florida. SECTION TWO: INCLUSION IN THE CODE OF LAWS .~NT) ORDLNANCES 29 The pro;asions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances 30 of Collier Count', Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, 31 and the word "ordinance" ma3' be changed to "section". "article", or any other appropriate word. 32 SECTION THREE: CONTLICT .&NT) SEVER.M3[LITY 33 In the event this Ordinance conflicts with an>' other ordinance of Collier Count>.' or other applicable law, 34 the more restricnve shall apply. If an)' court of competent jurisdiction holds an3' phrase or pomon of the 35 Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent 36 pro'asion and such holding shall not affect thc validiD' of the remaimng portion. 37 SECTION FOUR: EFFECTIYE DATE 38 This Ordinance shall take effect upon filing with the SecretaD' of State. 39 PASSED AND DULY ADOPTED by the Board of Count3' Commissioners of Collier Count5.'. Florida. 40 this day of ,2001. 41 42 43 44 45 46 47 48 49 5O 51 52 A~ST: DWIGHT E. BROCK, Clerk Approved as to form and legal Heidi F. Ashton Assistant County ARomey BOARD OF COUNWY COMMISSIONERS COLLIER COUNWY, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman AGENDA ITEM SEP 11 gOO! Pg._