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Agenda 10/09/2001 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS CLERK TO BOARD 4TM FLOOR FP: 3 IND: I CV:0 AGENDA October 9, 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 SUBMITi'ED 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 October 9, 2001 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Harold Brown, Lely Presbyterian Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended B. September 6, 2001 BCC Budget Public Hearing C. September 6, 2001 Health Care Workshop D. September 11, 2001 Regular BCC Meeting E. September 12, 2001 Pelican Bay Budget Public Hearing F. September 14, 2001 Emergency Meeting G. September 18, 2001 Code Enforcement Workshop H. September 19, 2001 BCC Budget Public Hearing 3. PROCLAMATIONS A. Proclamation to recognize the week of October 7-13, 2001 as "National 4-H Week". To be accepted by Ms. Shirene Provenza. Proclamation to designate the Month of October 2001 as Mental Illness Awareness Month. To be accepted by Ms. Kathryn Leib Hunter, Executive Director of NAMI, the National Alliance for the Mentally III. C. Proclamation to recognize and encourage the Ecumenical Coalition. accepted by Rayburn Cadwallader. 4. SERVICE AWARDS To be Five-Yeer Attendees: 1) Anthony Gracia, Wastawatar 2) Carla Fogle, Utility Billing 3) Tony Barry, Transportation 4) Ralph McKellar, Solid Waste 5) Diana Watson, EMS 2 October 9, 2001 6) Carole Esposito, Water Department 7) Kellie West, EMS 8) Tishya Arthurs, Building Review 9) Keith Maycroft, Road and Bridge 10) Marlo Garcia, Wastewatar Collections Ten-Year Attendees: 11) Carl Gibson, Pollution Control 12) Edward Kant, Transportation Fiftean-Year Attendee: 13) Roger Baase, Parks and Recreation PRESENTATIONS A. Presentation of the EMS Phoenix Awards. 6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS A. Public Comments on General Topics 7. BOARD OF ZONING APPEALS A. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 25~ 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. 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 feat to 7.9 feat for property located 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 perte disclosure be provided bv Commission members. Petition RZ-2001-AR-451, Walter H. Rascher, Jr. and Usa J. Rascher representing Ester and Francis Rascher, requesting a rezone from its current zoning classification of "A" Rural Agricultural to 'RSF-3" residential single family district, the subject property ia located on the North side of Polly Avenue approximately one half a mile 3 October 9, 2001 North of Rattlesnake Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. This site consists of 4.55 acres. aJ THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 117 2001 BCC MEETIN _n AND IS FURTHER CONTINUED TO THE OCTOBER 23, 2001 BCC MEETING This item requirea that all participants be sworn in and ex parts dlaclosure be provided by Commission members. Petition PUDA-2001-AR-500, R. Bruce Anderson, Esq., of Young, Vanaseenderp, 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 Collier Boulevard (CR 951) approximately 400 feat North of Tamiami Trail and Collier Boulevard intersection in Section 3, Township 51 South, Range 26 East, Collier County, Florida, the Falling Waters PUD consists of 74.37 acres, the Community Commercial Tracts consist of 4+ acres. THIS ITEM CONTINUED FROM THE SEPTEMBER 257 2001 BCC MEETING This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. PUDA-2001-AR-702, Margaret 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 documents 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. This item requires that all participants be sworn in and ex parte disclosure ~ provided by (~ommisei0n members. PUD-92-08(1), RWA, Inc., representing William T. Higgs, requesting a rezone from PUD to PUD known as White Lake Industrial Park PUD having the effect of changing the name to White Lake Corporate Park PUD, Increasing the Industrial land use from 67.4 acres to 77.3 acres, changing the zoning of 7.8 acres from industrial to commercial, reducing the area of the lakes from 44.1 acres to 36.6 acres and the area of the conservation/open space from 22.1 acres to 9.3 acres, and changing the property ownership, for property located Northeast of and adjacent to the intersection 1-75 and Collier Boulevard (C.R. 951), in Section 35, Township 49 South, Range 26 East, Collier County, Florida. BOARD OF COUNTY COMMISSIONERS 4 October 9, 2001 A. Appointment of member to the Black Affairs Advisory Board. B. Appointment of members to the Lely Golf Estates Beautification Advisory Committee. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 25, 2001 B(~C MEETING. Finalize the Annual Performance Appraleal Process for the County Attorney. D. Board of County Commissioners approval of Operation Wccd and Seed Program Memorandum of Agreement. (Commissioner Coletta) Discussion by Board of County Commissioners to assist Mosquito Control with the petition process to survey Golden Gate Estates residents for spraying by Mosquito Control. (Commissioner Henning) 10. COUNTY MANAGER'S REPORT A. Recommendation to conceptually approve and authorize the staff to develop a Citizen's Oversight Committee for the Referendum of Roads. (Thomas W. Olliff, County Manager) ea Recommendation that the Board of County Commissioners confirm James V. Mudd as the Collier County Deputy County Manager and Leo E. Ochs, Jr., as the Assistant County Manager. (Thomas W. Olliff, County Manager) THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 11~ 2001 BCC MEETING. 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). (Phil Tindall, Impact Fee Coordinator) D. Construct South County Water Reclamation Facility Expansion, Project 73949. (James V. Mudd, Public Utilities Administrator) E. Approve Funding for Tropical Storm Gabrlelle Beach Recovery. (James V. Mudd, Public Utilities Administrator) 5 October 9, 2001 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. FUTURE AGENDAS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Authorization to utilize staff as a resource to assist the Weed and Seed Program in Immokalee. 2) Request to approve for recording the final plat of "Ibis Cove Phase One- 3) Request to approve for recording the final plat of "Berkshire Commons Parcel 1, 2 and 3". 4) Approve an agreement to accept an artificial reef grant from the Florida Fish and Wildlife Conservation Commission. 5) Adopt Resolutions enforcing liens on properties for Code Violations. 6) 60-Day Extension of the 2001 Tourism Agreement between Collier County and the Tourism Alliance of Collier County. B. TRANSPORTATION SERVICES 1) Resolution authorizing the application and execution of the FY 2001 Section 5307 Grant Application with the Federal Transit Administration (FTA). 2) 3) Recommendation that the Board of County Commissioners award two Annual Bids, ~01-3251 (Concrete and Metal Culvert Pipe) and #01-3256 (Asphalt and Related Items) for Fiscal Year 2001/2002. Approve the Facilities Relocation Agreement with Florida Power and Light Company to relocate and reconfigure power poles on Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road to facilitate the road-widening project, Project No. 60134. 6 October 9, 2001 4) S) 6) 7) 8) Adopt a Resolution approving, as serving a valid public purpose, the expenditure of county funds for expenditures incurred at the August 30, 2001 ribbon cutting and groundbreaking ceremony of Livingston Road, Phase I. Request Board approve a Landscape Maintenance Agreement among The Estuary at Grey Oaks and the Estuary Property Owners' Association, the City of Naples and Collier County. Award Bid #01-3281, "Bayshore-Avalon Beautification Municipal Services Taxing Unit (MSTU) Roadway Grounds Maintenance". Award of RFP 01-3234 "Bus Stop Shelters" for Immokalee Circulator and Collier Area Transit (CAT). Approve the placement of two "Welcome to Golden Gate Estates" signs for the Golden Gate Estates Area Civic Association within County roadway rights-of-way. C. PUBLIC UTILITIES 1) Approve Professional Engineering Services Agreement with Water Resource Solutions, Inc., for the North County Water Reclamation Facility Deep Injection Well, RFP 00-3122, Project 73948. 2) Approve Committee Selection of firms for Contract #01-3271 "Professional Engineering Services for Coastal Zone Management Projects". 3) This item has been deleted. 4) Adopt a Resolution to support implementation of aquifer storage and recovery technologies to protect the environment and public water supplies. 5) This item has been deleted. 6) To obtain Board approval for an Interlocal Agreement between the Property Appraiser and the Board of County Commissioners for use of the Geographical Information System (GIS) Digital Data and Topography acquired by the Property Appraiser in FY-2000. D. PUBLIC SERVICES 1) Presentation of the Annual 2001 Report of the Collier County Film Commiseion. 2) Award Bid #01-3250, Portable Toilet Rentals to J. W. Draft, Inc. and Waste Management of Collier County, Inc., on a primary/~econdary basis. 3) Recommendation to award bid #01-3252 for the purchase of turf used by Collier County. 7 October 9, 2001 E. ADMINISTRATIVE SERVICES 1) Approve a Budget Amendment to appropriate the maintenance service revenues for reimbursement of operating expenses. 2) Convey a Conservation Easement to South Florida Water Management District required for the construction of the Collier County Animal Shelter. 3) Authorize staff to reject bids received for 01-3268, Charter Bus Service and re-bid. 4) Approve an additional thirty (30) day extension of Contract ~97-2671, Office Supplies. 5) Recommendation to declare the Neopost Mail Equipment as surplus and authorize the sale of equipment to Mail Barcoding Services of SWFL, Inc. 6) To award Bid #01-3259, Irrigation Parts and Related Items. 7) Award Bid No. 01-3260, Herbicides/Pesticides/Fungicides to a variety of bidders. 8) Approve the Award of Bid No. 01-3273 to Truegrsen Landcare, Inc., for grounds maintenance for Main Government Complex. 9) Approve the Award of Bid No. 01-3274 to Commercial Land Maintenance Inc., for grounds maintenance for Main Satellite Facilities. F. EMERGENCY SERVICES 1) Approve an Emergency Medical Services (EMS) County Grant Application and County Grant Distribution Form, adopt a Resolution certifying that the Grant monies will not be used to supplant the existing Emergency Medical Services Budget and approve a Budget Amendment to recognize and appropriate revenue. G. COUNTY MANAGER 1) Board authorization for Payment of Invoices for services pertaining to election requirements and Town Hall Meeting for the Pelican Bay Services District, Ordinance No. 2000-82. 2) To adopt a Resolution approving amendments to the Fiscal Year 2000-01 Adopted Budget. 3) Approval of Budget Amendment Report - Budget Amendment N)1-524. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 8 October 9, 2001 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 90- 2783-MMA, 86-675-CFA, 84-2979-TM, 84-3430-TM, 95-2179-CFA, 88-1781- MM, 88-2004-TMC, 89-2211-MM, 89-2905-TMC, 87-3796-TMC, 96-6987-MMA, 91-292-MM, 90-5008-MM, 89-6788-TM, 90-2945-TM, 89-1390 CFA, 89-3285- MMA, 97-1485-CFA, 91-887-CFB, 90-4733- TM, 84-1046-TM and 94-1099- CJA; RECOMMEND APPROVAL. 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. 3) Districts: Minutes and Agendas. 4) Minutes: Advisory Committees. 5) Letter from Guy L. Carlton, Collier County Tax Collector - 2001-2002 Budget Amendment. K. OTHER CONSTITUTIONAL OFFICERS 1) Authorize a borrowing from the Pooled Commercial Paper Loan Program in an amount not to excccd $2,300,000 for the ecquisition and implementation of a fully integrated financial management system. 17. L. COUNTY ATTORNEY 1) Execute Satisfaction of Code Enforcement Lien established in Collier County v. Todd A. Mastro and Lisa A. Mastro. 2) That the Board of County Commissioners accept an Offer of Judgment and approve the Stipulated Final Judgment to be created based on the same terms and conditions as the Offer of Judgment for Parcel 163 in the Case entitled Collier County v. Russell Baisley, et al, (Livingston Road, Project No. 60071). SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. This item reauiree that all I~articioant$ be sworn In and ex r~arte disclosure be r~rovided by Commiui0n meml~rs. Petition CCSL-2001-3, AJ Smith of Recreational Facilities of America Inc., requesting a coastal construction setback line variance to allow construction of a dune walkover, chickea hut, designated storage area for a beach concession and a pathway landward of 9 October 9, 2001 the beach, located at the Collier County Barefoot Beach Park, Sections 7, 8, 17 and 18, Township 48 South, Range 25 East, Collier County, FL. This item has been deleted. This item requires that all participants be sworn in and ex parte disclosure b,~ provided by Commission members. Petition CCSL-2001-2, Don Cahill representing William G. Reckmeyer, requesting a Coastal Construction Setback Line Variance to allow for construction of a single family residence, located at Lot 9, Block C, Unit 1, Lely Barefoot Beach, Section 6, Township 48 South, Range 25 East, Collier County, F;orida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADF TO THE COUNTY MANAGER'S OFFICE AT 774-8383, 10 October 9, 2001 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 9, 2001 WITHDRAW: Item 7A THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 25, 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. 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 at 515 Roma Court, further described as Lot 22, Vanderbilt Villas, in Section 21, Township 48 South, Range 25 East, Collier County, Florida. (Petitioner request.) WITHDRAW: Item 8A Petition RZ-2001-AR-451, Walter H. Rascher, Jr. and Lisa J. Rascher representing Ester and Francis Rascher, requesting a rezone from its current zoning classification of "A" Rural Agricultural to "RSF-3" residential single family district, the subject property is located on the North side of Polly Avenue approximately one half a mile North of Rattlesnake Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. This site consists of 4.55 acres. (Petitioner request.) CONTINUE: Item 8D: PUD-92-08(1), RWA, Inc., representing William T. Higgs, requesting a rezone from PUD to PUD known as White Lake Industrial Park PUD having the effect of changing the name to White Lake Corporate Park PUD, increasing the industrial land use from 67.4 acres to 77.3 acres, changing the zoning of 7.8 acres from industrial to commercial, reducing the area of the lakes from 44.1 acres to 36.6 acres and the area of the conservation/open space from 22.1 acres to 9.3 acres, and changing the property ownership, for property located Northeast of and adjacent to the intersection 1-75 and Collier Boulevard (C.R. 951), in Section 35, Township 49 South, Range 26 East, Collier County, Florida. (Commissioner Henning request.) ITEM 10B TO BE HEARD IMMEDIATELY FOLLOWING ITEM 6A- Confirm James V. Mudd as the Collier County Deputy County Manager and Leo Ochs, Jr., as the Assistant County Manager. (Staff request.) MOVE: Item 10C to 8~ THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 11, 2001 BCC MEETING. 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). (Staff request.) PROCLA~A T£ON V/HEREA$, the goal of 4-/4 is to provide educational opportunities for the youth and adult volunteers in Collier County in the areas of leadership, citizenship, personal development, and practica/ and. 14/HEREA$, these activities have resulted in learning experiences and accomplishments that have received State and National; and, V/HEREA$, the ~oard of County Commissioners of Collier County feels this 4-H program contributes to the overall development of our youth and strengthens our communities; and, V/HEREA$, V/HEREA$, the 4-/4 members receive inspiration and guidance from interested parents, Cooperative Extension Service Workers and Staff volunteer adult and teen leaders; and support from many community organizations and businesses; and. 4-H forms partnershiPs and collaborates with other youth- serving agencies to reach a w/de and d/verse audience. NOV/ THEREFORE, be it proclaimed by the Booed of County Commissioners of Collier County, Florida, that the week of October 7- I3, 2001 be designated as National 4-H ~Veek and ail citizens o£ Col#er County are urged to join this Board in 9ivin9 appropriate recogniHon to the achievements of the 4-/4 C/ubs of Cd#er County. DONE AND ORDERED ri-liS 9~h Day of October, ZOOI. BOARD OF COUNTY COtAA~Z$SZONER$ COLI. ZER COUNTY, ~L"ORIDA A TTE$ T: B ocK.' CtERK' AGo E(~ ];TEN NO ~ OCT og 2001 PROCLAA4A TION WHEREAS. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the strongest weapon in the fight against mental illness is science, burin~ the past decade, a wide array of effective new medications for severe mental ///ness has been devoloped. Genetic discoveries and p~ogress/va brain research cant/nut moving us one step c/user to sound medical answers for/king with, and perhaps one day even curing or preventing, severe mental illnesses; and, a new perception of mental///ness is emerging-one that focuses on early intervention, effective treatment, rehabilitation, and recovery. No area of health care is changin9 more than mental health. Advances are prompted by better science and more research, the information revolution, the important role consumers play in advocating for themselves, and family members who speak out for their loved ones; and, barriers to mental///ness recovery are falling one by one. /Aore than $0 states have adopted measures to ensure health insurance parity. -rn add/t/on, PAC~ (Program for Assertive Community Treatment} a ~4 hour a day, seven days a week mobile serWce program for persons w/th the most severe mental illnesses, is being rep//catod in communities throughout the country; and, treatment works-if a person w/th a mental///ness can get it. Science has greatly expanded our understanding and treatments of severe mental illnesses. Once forgotten in the back wards of mental institutions, individuals w/th these disorders have a rea/chance at reda/ming fu// and productive i/yes, but only if they have access to the treatments, services, and programs so vita/to recovery; and, the nat/on'~ mental healthcare system is in crisis. Despite the tremendous strides in the fi~ht against mental///ness, far too many st///struggle to get treatments and service we know are critical to recovery. The system den/es access to the/atoat medications and h'm/ts funding for essential programs. The results have been disastrous. Persons w/th mental///ness are dying in restraints on hasp/to/wards. They are committing suicide. They are being shot by pa/ice or warehoused in prison. They are discriminated against in the workplace. Or they are 1iving wasted, isolated i/yes, unnoticed by anyone, when they could again become part of their communities; and research on mental///ness is significantly under funded in re/at/on to/ts economic and public health impact. Depression, bipolar disorder, sch/xophrenia, and obsessive-compulsive disorder account for an estimated 20 percent of the world's total dbab///ty resulting from ail diseases and inJuries. )/et for every U.,~. taxpayer dui/ar spent on medical research, /ess than one cent is allocated to sch/xophren/a, one of the most disabling mental illnesses; and, stigma continues to be the single most significant barrier to people getting the help they need. As underscored by the U. $. Surgeon ~enero/ David 5archer in his 1999 landmark report on mental health, stigma toward mental fl/ness remains a pervasive and potentially lethal barrier to mental///ness recovery.. NOW THEREFORE, be it proc/aimed by the Board of County Commissioners of Collier Florida, that month of October, 2001 be des~nated as tAENTAL _TLLNE$$ ttONTH DONE AND ORDERED TH-rS 9~h Day of October 2001. BOARD OF COUNTY COtAtA£$$-rONER$ COLLIER COUNTY, F£ORIDA A TTE$ T: .TAt~E$ D. CARTER, Ph.D., CHAIRtAAN DWIGHT E. BROCK, CLERK AGE~D J~:~TEM No._ -'2~L.) - 0C1' 09 ?.001 WHEREAS, WHEREAS, WHER EA S, WHEREAS, WHEREAS, WHEREAS, PROCLAA4A TION on September IL 2001 a devastatin9 b/ow was struck upon the social moral and economic fiber of the United States of America by means of terrorists captur/n9 airplanes/n f//~?ht and us/ha them as instruments to murder thousands of innocent people from many countries of the world: and, all the societies of the world are now/n a state of turmoil wonderin9 what will hence occur/n their respect/ye parts of this war/c/; and, our American society of the world has been thrown into a state of fear for/ts ongoin9 existence; and, the Ct't/es and Counties of Southwest F/or/da have been dramatically and sadly impacted by death of relatives and lo ved ones; and, the Communities of Nap/es and Collier County mourn for those impacted; and, there/s a very uneasy environment as to what next to do/n our Communities to show our patriot/sm and love for fellow people; and, the Ecumenical COmmunity, through the Ecumenical Coalition, des/res to brinR about a new future for our citizens who wi//be fighting to preserve our way of life both here and abroad NOW 77dEREFOR~, the Board of County Commissioners of Collier County, F/on'da recoRnizes and encourages the Ecumenical Coal/Nan in its efforts to rebuild the love °four citizens far aH fe//aw peop/e. DONE AND ORDERED THIS 9th Day of October~ 2001. BOARD OF COUNTY COA4tA£SSIONER5 COLLIER COUNTY, FLORIDA ATTESt: DWIGHT E. BROCK, CLERK ,.TAA4ES D. CAR TER, Ph.D., CHA£RAdAN AGENDA ITEM No. OCT 09 2001 pg. \ EXECUTIVE SUMMARY PETITION VA-01-AR-979, TERRANCE L. KEPPLE, P.E., REPRESENTING SHADER- LOMBARDO PROPERTIES, LLC, REQUESTING AN AFTER-THE-FACT VARIANCE OF 12.1- FEET FROM THE DISTANCE BETWEEN STRUCTURES REQUIREMENT AS PROVIDED FOR 1N THE VANDERBILT VILLAS PUD FROM 20-FEET TO 7.9-FEET FOR PROPERTY LOCATED AT 515 ROMA COURT AND LOT 22, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA. OBJECTIVE: This petition seeks an after-the-fact variance as noted above from the Distance Between Structures requirement to allow for the occupancy of a multi-family condominium building while ensuring that the community's interest is maintained. CONSIDERATIONS: This petition `.vas continued from the September 25 meeting of the BZA in order to allow the petitioner time to reach a settlement with the Building #1 Property Owners Association. The results of any proposed settlement will be presented during the October 9, 2001 meeting. The subject multiple-family tract is located within the Vanderbilt Villas PUD. This condominium project ,,vas developed in two phases with the first phase (Building #1) completed in 1989 and the second phase (Building #2) completed this year. The Vanderbilt Villas PUD document currently requires the distance between structures to be a minimum of 20-feet. The location of the second building as depicted in the site development plan (SDP-90-60) showed a proposed two-story Building #2 to be 21-feet from the existing Building #1 at the closest point as measured from the outside wall of each building. However, the location of the stairs and access walk for Building #1 were not depicted on this site development plan that `.vas first submitted by the original developer. As a result, xvhen staff reviewed the site plan, they did not have information necessary to determine that Building #2 would not meet the required 20-foot distance between structures requirement from roofed stairxvay and access walk of Building #1. This SDP was amended on July 26, 2000 by the current developer to accommodate a three-story building and to meet the current landscaping and planning requirements. This amended site development plan (SDP-90-60A) prepared by Terrance L. Kepple (the project engineer) also did not depict the location of the existing stairs and access walk of Building #1. In addition, the survey of Building #1 (prepared by Bill Allen) was not updated to depict the existing conditions of Building #1 and did not show the access walk and stairxvay. Therefore, SDP-90-60-A ,,vas approved by Current Planning Staff and Building #2 was subsequently constructed by the current developer, in the location shown on the approved site development plan, but within 7.9 feet of the roofed stairway of Building #1. This building is now ready for final certificate of occupancy, however, the Building Department will not issue a CO for the end units until a variance is approved allowing the encroachment. OCT 0 9 2001 It should be noted that if this variance request is not approved, then that portion of Building #2 that doesn't meet the 20-foot Distance Between Structures requirement (at least 12.1 feet) will have to be removed and the structure rebuilt consistent with this requirement. During the construction of Building #2, the County Building Inspectors required the contractor to upgrade the fire rating of the exterior wall to maintain a 2-hour rating between the nexv building and the roofed stairxvay of Building #1. Later, after the building was nearly completed, a resident of Building #I notified Code Enforcement that Building #2 appeared to be too close to the stairxvay of their building. Subsequently, it was detem~ined that the approved site development plan should have measured the 20-foot distance between structures requirement from the existing stairxvay and access walk of Building #1 because they are incorporated into the principal structure xvith a common roof. Because of the common roof connection, the protruding staircase is deemed to be part of the principal structure. As a result, Building #2 was constructed consistent xvith the SDP that incorrectly measured the required 20-foot distance between structures requirement from the outside wall of each building and not from the roofed access walk and stairway. FISCAL IMPACT: Approval of this variance request will have no fiscal impact on Collier County. GROWTH MANAGEMENT IMPACT: Approval of this variance request will not affect or change the project's consistency with the requirements of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no unusual environmental issues associated with this petition. PLANNING SERVICES STAFF RECOMMENDATIONS: Staff is of the opinion that there are special conditions and circumstances, which are not the direct result of the applicant such as the approved site development plan (SDP-90-60) that was prepared by the previous developer that incorrectly measured the distance between structures requirement. However, if the developer submitted the correct information on the amended site plan (SDP-90-60 A), the buildings could have been designed and constructed to meet all setback requirements. Furthermore, because there are no land related hardships, Planning Services staff is constrained from recommending approval and therefore, recommended that the CCPC forxvarded Petition VA-01-AR-979 to the BZA with a recommendation for denial. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATIONS: The EAC did not review this petition since they do not normally hear variance petitions. 2 0CT 0 2001 pg._ COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC heard this petition on September 7, 2001 and voted 5 to 2 to forward Petition VA-01-AR- 979 to the Board of Zoning Appeals (BZA) with a recommendation of denial. This recommendation was based on their findings that the stairway is incorporated into the principal structure by a common roof, which is consistent xvith the strict definition of "structure" that is clearly defined in the Land Development Code. Conversely, the two votes for approval was based on staff's finding that there are some special conditions and circumstances that are not the result from action of the applicant. In addition, they felt that the literal interpretation of the provisions of the LDC would cause unnecessary and undue hardship on the applicant if they were required to tear down that portion of Building #2 in order to meet the 20-foot distance between structures requirement. Lastly, one person (representing the residents in Building #1) spoke in opposition to the granting of the variance while staff has also received a petition from the residents of Building #1 opposing the variance. PREPARED B~(A ~Y~/LLOWS, PRINCIPAL PLANNER CURRENT PLANNING SECTION REVIEWED BY: SU~'AN MURRAY, AICP, MANAGE-XR/~' ' CURRENT PLANNING SECTION /," ~,, ~HOMAS E. KUCK, P.E., ACTING I}~RECTOR PLANNqNG SERVICES DEPARTMENT DATE DATE DATE J?oHNMM~TY~E~N~E IRONMENTAL SVCS. RIM ADMINISTRATOR DATE AR-979/EX SUMMARY/RVB/rb OCT 0 9 2001 MEMORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DATE: AUGUST 15, 2001 PETITION NO: VA-2001-AR-979, VANDERBILT VILLAS OWNER/AGENT: Agent: Mr. Terrance L. Kepple, P.E. Kepple Engineering, Inc. 3806 Exchange Avenue Naples, Florida 34104 Owner: Shader-Lombardo Properties, LLC 7164 N. Main Street Clarkston, MI 48346 REQUESTED ACTION: The petitioner is requesting an after-the-fact variance of 12.1-feet from the required 20-foot distance between structures requirement of the Vanderbilt Villas PUD to 7.9-feet between two residential multi-family buildings. GEOGRAPHIC LOCATION: The property fronts on the east side of Vanderbilt Drive and is located at 515 Roma Court and is further described as Lot 22, Vanderbilt Villas, Section 21, Township 48 South, Range 25 East. (See illustration on the following page) PURPOSE/DESCRIPTION FOR VARIANCE: The subject multiple-family tract is located within the Vanderbilt Villas PUD. This condominium project was developed in two phases with the first phase (Building #1) completed in 1989 and the second phase (Building #2) completed this year. The Vanderbilt Villas PUD document currently requires the distance between structures to be a minimum of 20-feet. The location of the second building as depicted in the site development plan (SDP-90-60) showed the recently constructed Building #2 to be approximately 21-feet from the first buildi point as measured from the outside wall of each building. OCT 0 9 2001 I NO2"20'30'W .... ArM -.:,40-1 HOIB ,0cj The location of the stairs and access walk are depicted on the revised plan for this variance request (Exhibit "A"). However, the site development plans that were submitted by the original developer did not depict the location of the roofed stairs and roofed access walk of the existing Building #1. As a result, when staff reviewed the site plan, they did not have information necessary to determine that Building #2 would not meet the required 20-foot distance between structures requirement. In addition, prior to the construction of the second building by the new developer, the SDP was amended on July 26, 2000 to accommodate the current landscaping and planning requirements. These amended plans did not depict the location of the existing stairs and access walk of Building #1. Furthermore, the survey by Bill Allen was not updated to depict the existing conditions of Building #1 (Exhibit "B"). Therefore, Building #2 was constructed by the current developer, in the location shown on the approved site development plans (SDP-90- 60), which the buildings are now ready for final certificate of occupancy. It should be noted that during the construction of Building #2, the County Building Inspectors required the contractor to upgrade the fire rating of the exterior wall to maintain a 2-hour rating between the new building and the roofed stairway of Building #1. Later, after the building was nearly completed, a resident of Building #1 discovered that their stairway was only 7.9 feet from the Building #2. Subsequently, it was determined that the 20-foot distance between structures requirement should have been measured from the existing stairway and access walk of Building #l because they are incorporated into the principal structure with a common roof. As a result, Building #2 was constructed consistent with the SDP that incorrectly measured the required 20- foot distance between structures requirement from the outside wall of each building and not from the roofed access walk and stairway. SURROUNDING LAND USE AND ZONING: Existing: The subject multi family site is currently developed and is zoned PUD. Surrounding: North- Golf Course; Zoned: "Collier Tract 21 PUD". East - Single Family; Zoned: "Vanderbilt Villas PUD". South - Roma Court and the developed Northshore Lake Villas PUD. West - Vanderbilt Drive and the Dunes PUD. 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 Probability Map. Therefore, no Cultural Survey and Assessment is required. GROWTH MANAGEMENT PLAN CONSISTENCY: The Vanderbilt Villas PUD is approved for a maximum of 75-dwelling units (21 single family and 54 multi-family). The building permit records indicate that phase I of the development contains 16 dwelling units while the amendment to the original side development plan for phase II of the project was approved for 36 dwelling units resulting in a total of 52 multi-family dwelling units. The requested variance does not have any impact on this property's consistency with the County's Growth Management Plan. EVALUATION FOR ENVIRONMENTAL~ INFRASTRUCTURE: TRANSPORTATION AND 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 gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure, or building involved7 No. The subject site is a legal conforming lot of record with no land related hardship. Staff is also of the opinion that the structures could have been designed to meet all the applicable setback requirements. Conversely, the building was constructed consistent with SDP~90-60 that was filed by the previous owner. At the time of SDP approval, it was not apparent that the site plan did not show the existing protruding stairs of Building #1. As a result, the SDP and subsequent amendment (Exhibit "C") were approved ~vith the appropriate 20-foot distance between structures requirement from the outside wall of Building #1 to the outside wall of Building #2. Only after Building #2 was nearly completed was it discovered that the distance between the stairway for the first building and the wall of the second building should also have been 20-feet. Based on these unusual circumstances, there may be some justification for giving special consideration to this property. bo Are there special conditions and circumstances, which are not the result from the action of the applicant such as pre-existing conditions relative which is the subject of the variance request? OCT O 9 200 Yes. As previously noted, the current developer constructed the second building in accordance with the approved site development plan that was submitted by the previous developer. Therefore, the current developer was unaware that the approved SDP should have shown the location of the existing stairwell of Building #1 and that it should have been shown on the amended site plan. In addition the survey that was submitted with the amended site plan was not updated to show the access walk and stairway of building #1. Will a literal interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. Based on the fact that the intent of the distance between structures requirement is being met since the distance from the outside wall of Building #1 to Building #2 is 23.5 feet apart. However, the distance between structures is only 18.5-feet when measured from the access walk of Building #1 to the outside wall of Building #2 and 7.9-feet from the end of the stairway of the first building to the second building. Because the stair~vay and access walk are integrated into the first building by having a common roof, they are deemed part of the principal structure and thereby are required to meet the distance between structures setback. The applicant indicates that this would be an undue hardship to tear down a portion of Building #2 in order to meet the 20-foot distance between structures requirement. de Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the petitioner is only seeking the minimum amount to reflect the existing conditions on the subject lot and to comply with the requirements of the Land Development Code. 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 the requested variances ~vill allow for a reduced distance between structures setback, however, all variances effectively do this. It should be noted that the existing building complies with all other setback requirements in this PUD. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, Staff is of the opinion that the granting of this variance will not be in keeping with the general intent and purpose of the Land Development Code. In addition, the proposed after-the-fact variance might have some adverse impact on the circulation of light and air between the stairway and the Building #2. However, it is unlikely that any detriment to the public welfare would result from its approval since the outside wall of the Building #2 was improved to meet fire safety requirements. Therefore, the proposed be injurious to the neighborhood. 4 go 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. During the construction of Building #2, the contractor to upgraded the fire rating of the exterior wall to maintain a 2-hour rating between the new building and the roofed stairway of the first building. This upgraded firewall represents a physically induced condition that is intended to mitigate the fire safety impacts of the encroaching structure. h. Will granting the variance be consistent with the Growth Management Plan? The granting of the requested 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. STAFF RECOMMENDATION: Itt summary, Building #2 was constructed by the current developer attd is consistent with the approved site development platt that was originally filed by the previous developer attd its subsequent antendntent. It was not discovered until Building #2 was nearly contpleted that the approved SDP did not indicate the locations of the existing stairway attd access walk of Building #1, which has resulted itt this variance request. Building #2 is also constructed attd ready for the issttance of a certificate of occupancy. Staff is of the opinion that there are special conditions attd circumstances that exist (as uoted above). However, if the developer subntitted the correct hr formation, the buildings could have been designed attd constrttcted to meet all setback requirements. Furthermore, there are no land related hardships. Therefore, staff is constrahted front recomntending approval. That the Collier County Planning Commission (CCPC) recommend denial of Petition VA-2001- AR-979 being a petition seeking a 12.1 foot variance from 20-foot requirement for the distance between structures for property described in the Resolution of Adoption. 0cl' t! 9 200 I PREPARED BY: ~Y~LLOWS, PRINCIPA~ PLANNER DATE REVIEWED BY: SUS~q MURRAY, CURR~NT PLANNING SECTION THOMAS E. KUCK, P.E., ACTING DIRECTOR PLANNING SERVICES DEPARTMENT ?PROVED .BY: //f ~ 1V~. ~I~,IUcK, III, INTERIM ADMINISTRATOR )MMUNITY DEV. AND ENVIRONMENTAL SVCS. Staff Report for September 7, 2001 CCPC meeting. C O LLI~R CO UNTYP LAN~OMMIS SI ON: JOYCEANiqA J. I~UTIO, CHAII~dViAN / VA-01 -AR979/STAFF REPORT/RVB/rb DATE DATE DATE OCT 0 9 200! 6 ---------"------ -- - 50' RIGHT-OF-WAY ,-" ..... Stairway -- ~ --Access Wa : [.~ ~ L~--4 Building ~1 ~ ___ :'~ H ~ ~ ~ ~ ~ _~_--~ ........ ~-~-- '.~,'~ ___~--~ _ .... so~o'~o'~ _ _ - -- EXHIBIT "A" ITEM 2001 1" = 60' 87 This is a boundary survey of Lo~ 22 VAND~RBILT VILLAS as recorded in Plat Book ~5, Page ~ Public Records of Collier County, Florida A fur~hem survey was done Sept. 21, 1988, ~he structure was located as shown. ~ b 89' a7' 4'5" v./ Fin. lq~VlSlO~VS O, Fd, Iron B:Sot Con. Eon O,Fd. CCh. Yon (D:gssu:.d 51. A= .B a nct,~ rk fi&. O LOT 2_-~ Floor Elev: 11.16 ffCVD 320. /~Hanhole Rim Elev. Flood Zono AZ, Elev. 11.00 ~oarings based on Plat 9.35 NGVD NOTES :::c~.ro'.:.:ctlon of [h',s sketch Is not ~,a;:d unless sealed v,':[h ~n ~mboss. u'J su~,'cyor's sca!. Lands shown h£rcon were not :bs:r~c:¢d [or right.of, ways ~nd'or casements o[ record. CERTIFICATE I hereby certify that the abovc described property was surveyed under my direction and the sketch of survey Is true and correct to the best of my knowledge. This survey meets or exceeds the mlnlmurn technical standards set forth by the'Florida Board Land Surveyors. pur$~4ant to Section 472.027 Florida Statutes. There are no visible encroachments other than those shown hereon. __F.L.S. Si ,L ALLEN ) SUR}'EYOR · . (). ~ox 328 EXHIBIT "B" ,ot t 'villas. phase v. 11.6 five 287.00' AA,,OC,O~.~ON CD '\ dOLt I I C~x D'- ~'Q C_~.cn oo o o ~' .C -- / 'b p§ o 50.0' EXHIBIT "' / OCT OCT 0 9 2001 OCT 0 9 200! illllllll OCT 0 9 2001 200! ,~,_?__m OCI' 0.9 200i ~.~ oct o 9 2ool VARIANCE PETITION (VARIANCE FROM SETBACK (S) REQUIRED FOR A'PA~TICULAR ZONING DISTRICT) VA-2001-AR-979 VANDERBILT VILLAS PETITION NO. PROJECT #19993172 RECEIVED DATE: 6/4/01 PROJECT PLANNER RAY BELLOWS , ........................ £F) PETITIONER'S NAME Shader-Lombardo Properties~ LLC PETITIONER'S ADDRESS 7164 N. Main St. Clarkston, MI 48346 TELEPHONE248-625-O036 AGENT'S ADDRESS Terrance Kepple, 3806 Exchange Ave. Naples, FL 34104 LEGAL DESCRIPTION OF SUBJECT PROPERTY: Vanderbilt TELEPHONE 403-1780 LOT(S) 22 BLOCK(S) SUBDIVISION Villas SECTION 21 TWP. 48 S RANGE 25 E (If legal description is lengthy, i.e. metes & bounds description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY PUD EXISTING LAND USE ON SUBJECT PROPERTY Condominium ADJACENT ZONING & LAND USE ZONING N PUD S PUD E PUD W PUD LAND USE Golf Course R/W - Roma Ct. Single family Vanderbilt Dr. MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: SIDE: 40' REAR: 40' CORNER LOT: NO/~ (CIRCLE ONE) WATERFRON LOT~YES (CIRCLE ONE) OCT 0 9 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 if possible); why encroachment is necessary; how existing encroachment came to be; etc. SEE ATTACHED SHEET Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. Ail buildings are constructed. The stairway was not an issue on the original spot survey or the original SDP (90-60) 2 'JL, I U ~ ,'UUt 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. The original (1988) survey and SDP (1990) do not show the stairs on the original building Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Yes, the buildings are all constructed. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. Yes, the new building can be modified to addr~s~ any fire code issues without any major changes 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. No, exterior/boundary setbacks are not affected. Many buildings are closer, although connected by roofs or other means 3 AC~3~)A ITF_..~ OCT 0 200! e 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. Yes, all buildings codes will be met, and there will be no health or safety issues. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf course, etc. No Will granting the variance be consistent with the growth management plan. Yes, the growth management plan allows the County to change/adjust setbacks. OCT 09 200! AFFIDAVIT and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate befor~a h~aring can be advertised. further permit .~/'f~/w //~j~//~. to act as my (AGENT'S'~;~ME) representative in any matters State of Florida County of Collier regarding this ~i~ ./~j - OF 0W R The foregoing Agreement Sheet was acknowledged, before me th. is ~_~ho is personally 'know,n to m---~e~o~ r who has produced · aY i-centi£icatio~ and wnu did~did not) take an oat~] = (~-i~re of No~a~ublic) State of Florida County of Collier NOTARY PUBLIC Commission # ~iss~es: The foregoing Agreement Sheet was acknowledged before me this ~ day of (~(1~. ~C/~\ , ~ by -~O~<~C~OL. , who i_s per.~nall¥ known to m_e or who has produc'~d ~/~. as identification and who did (did_~__~kt) take an oath. (Sighatur~ 6~ Notary ~blic) MY OOMM~SION d~ CC '~ 1 ~3/ } VARIANCE APPLICATION/md 5 NOTARY ~UBLIC Commission My' Commissi( OCT 0 9 200! PAGE 0i 08/20/2001 11:19 9414831787 ...... 3806 Exchange Ave. Naples, Florida 34104 (941) 403-1780 Fax (941) 403-1787 Memorandum TO: Ray 8~llows From: .. Terry ,Kepple RE: Vonclerbilt Villas Vgr~ance Roy, The two membera of the Shoder-Lombordo Properties, LLC ore: 1. Jack Schader 2. David Lombardo Thor~ ore no other members/partners. OgT 0 9 200~ Yanderbiit Villas Variance Petition Vanderbilt Villas condominium was developed in 2 phases. The first building was constructed in 1988/1989. Subsequent to that, the County adopted the LDC, requiring SDP's on virtually all projects. The second buildings location was approved by SDP 90- 60, as submitted by the original developer. At the time, the original developer submitted a survey locating the original building and the site plan showed the second building 21 feet from the first building. The second building was only recently constructed (by a new developer) and was constructed in substantial accordance with SDP 90-60. Prior to construction of the second building, the SDP was amended to accommodate current landscaping and planning issues and some minor site changes were approved. The second building was constructed, in the location shown on the site plan and is currently ready for final certificate of occupancy. During construction, of the second building, the contractor was required to upgrade the fire rating of the exterior wall to maintain a 2 hour rating between the new building and the existing stairway. The neighbors in the first building have found that the stairway to their building is not 20 feet from the new building and have suggested that the distance from their stairway should be 20 feet to the new principle structure, not 20 feet to their principle structure as originally approved (May 4, 1990) by SDP 90-60. The County is now concerned that the required distance between buildings (20 feet) is not being met due to the location of the stairs of the original building to the new building. The new building is 7.9 feet from the stairs, 18.5 feet from the access walk(to original building) and 23.5 feet to the outside wall of the original building. Apparently the problem stems from the stairs (of the original building) not showing on the 1988 survey, SDP 90-60 (approved 5.4/90) or the amended SDP (July 26, 2000). Distance between principle structures Required Existing Ex stairwell to Bldg #2 20' 7.9' Bldg #1 walk to Bldg #2 20' 18.5' Bldg #1 to Bldg #2 20' 23.5' Proposed 7.9' 18.5' 23.5' ITEM 200! " I ~,,©1 ,,~ -- ~ ,50' ~IGHT-OF'-WAY £xLating D~ M.O~,O~-~ON tV&ND~RUZL. T VZLL~St A COHDOHZNZ1/H. PHASE I, L.~OAL, D~CRZP?ZOI! lhe Soul;h boundl~ ot liLd ~ot ~21 t~n.e S 8~· q?l ~?. V I t 121.~2 ree~ ~o · PoLn~ Or Cu~lCu~ ~[I cu~e coKIYI io i~ ~s NorChveiCerAy and Northerly aXon4 ~he Ara ot ll~d ~e tot ~8 feet to · POIN? OF ?*NG£NCYI thence run N O2· 20m 30" V for 316.2 ~eeC to chi POIN~ 0~' ~G~NNI~O. CCN~A~N~NG 1.19 J { . . . ".' .~'... .. ..;~.:. ~;. :'. , .. 'J :'""~;*" <"~:~:' '""S' '""~W~' ' ...... :':' "' · - ~' - " ' ".' · ' ,:%~r ~-'-"":%~*'"" ~'~ :' .',':/ ' ' "J ~ "' . ' '. ' " ' '.. : '-e';: :,: ,'.'. ~. :,~;~6~:'~ ~. :.CG~ ~., :' r, o=, ~a... ~e · ~-: 'and ~p.~:;~e~ii:~ viii'aa, A. ConOominium,. ~. ah'Own, above, A~A I~M OCT 0 ~ 200t VA-2001-AR-979 VANDERBILT VILLAS PROJECT #19993172 DATE: 6/4/01 · RAY BELLOWS ~: O RESSING CHECKLIST . .sc complete the following and submit to thc Addressing Section for Review. Not all items will aopl¥ tO every project. Items in bold type arc required. 1. Legal description of subject property or properties (co~p~ oflengthy description may be attached) 2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than .one) 3. Street address or addresses (as ap_~icable, if already assigned) - 4. Location map, showing exact location o£projcct/sitc in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Number (FOR EXISTING PROJECTS/SI'rES ONLY) SDP_¢ -YS/ Petition Type - (Complete a separate Addressing Checklist for each Petition Type) r'-] SDP (Site Development Plan) [-] SDPA (SDP Amendment) ['--] SI)PI (SDP Insubstantial Change) ['-] SIP (Site Improvement Plan) [-'] SIPA (SIP Amendment) I-"] SNR (Street Name Change) [---] VegetationfExotic (Veg. Removal Permits) I--I Land Use Petition (Variance, Conditional Use, ['-] PPL (Plans & Plat Review) [--] PSP (Preliminary Subdivision Plat) I--] FP (Final Plat) [--] LLA (Lot Line Adjustment) ['-] BL (Blasting Permit) r-] ROW (Right-of-Way Permit) [--] EXP (Excavation Permit) r-] VRSFP (Veg. Removal & Site Fill Permit) Beat Dock Ext., Rezone, PUD rezone, etc.) ~ Other- Describe: ~"/'/,,~'/~a,',/,~ -- ~z,,'/'/'~..,~/~'~ ~,."/6~/,/J'. 10. Project or development names proposed for, or already appc~ing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: ['-] Checklist is to_be F .axed Back ~:yPersonally Picked Up 12. Appl~,cant Name 7'~/"~ &.~'J',~ Phone -~-/?~"~ Fax 13. Signatm-e on Addressing Checklist does not constitute Project and/or Street Name approv~Land.is,s ~.u~_ ~.~ct to further review by the Addressing Section, FOR ST3~FF USE ONLY Pr/mary Number .~Idress Number tress Number ~,~dress Number Revised 3-21-01 Approved A/L~_ ~_ .j~7 Date RESOLUTION NO. 01- RELATING TO PETITION NUMBER VA- 2001-AR-979, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 12.1-foot variance from the distance between structure requirement of 20 feet to 7.9 feet as shown on the attached plot plan, Exhibit "A", in a "PUD" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-2001-AR-979 filed by Kepple Engineering, representing Shader-Lombardo Properties, LLC, with respect to the property hereinafter described as: Lot 22, Vanderbilt Villas, as described in Plat Book 15, Pages 5-6, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 12.1-foot variance from the required distance between structure requirement of 20 feet to 7.9 feet as shown on the attached plot plan, Exhibit "A", of the "PUD" Zoning District wherein said property is located, subject to the tollowing conditions: OCT 0 9 200i BE IT RESOLVED that this Resolution relating to Petition VA-2001-AR-979 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day et ,2001. Number ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA James D. Carter, Ph.D., Chairman Approved as to Form and Legal Sufficiency: Marjor~ M. Student Assistant County Attorney RB/Io/VA-2001-AR-979 OCT 0 9 200! m - -VAN DEI~BIL-T- 50' I I I' .... I f .... -I OCT 0 9 21 EXECUTIVE SUMMARY PETITION RZ-2001-AR-451. WALTER H. RASCHER, JR. & LISA J. RASCHER REPRESENTING ESTER & FRANCIS RASCHER, REQUESTING A REZONE FROM ITS CURRENT ZONING CLASSIFICATION OF "A" RURAL AGRICULTURAL TO "RSF-3" RESIDENTIAL SINGLE FAMILY DISTRICT. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF POLLY AVENUE APPROXIMATELY ONE HALF A MILE NORTH OF RATTLESNAKE HAMMOCK ROAD IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THIS SITE CONSISTS OF 4.55 ACRES. OBJECTIVE: To have the Board of County Commissioners consider a request for a rezoning of land from its current zoning classification of "A" Agricultural to "RSF-3" residential single family, while maintaining the community's best interest. CONSIDERATIONS: The petitioner wishes to rezone the subject property from "A" Rural Agricultural Zoning District to "RSF-3" Residential Single Family Zoning District to allow the subdivision of the property into two lots in the future. The applicant has stated that he wishes to deed a portion of his property to his grandson to build a residential dwelling for him and his family. The property is surrounded by agriculturally zoned properties developed with single-family residences. This property is located within the Urban Area on the Future Land Use Map, which allows the property to be rezoned to residential single family. This property is located in an area with different size lots and with several different types of zoning classifications. Within one half mile radius of the subject site there are three large tracts one with an area of 30 acres, one 26 acres, one 9 acres. There are 11 parcels 5 acres in size, 15 parcels 4 acres in size, 25 parcels 2.25 acres in size and 28 parcels one acre in size. There are also several subdivisions zoned RMF-6, RSF-5, RSF-4 and RSF-3. There are three PUDs one with a density of 3.25 units per acre (Waterford Estates) one with a density of 3.61 units per acre (Shadow wood PUD) and one with 5.4 units per acre (Huntington Woods Villas). It is staffs opinion that this request to subdivide this 4.55-acre parcel into two 2.25-acre parcels will be compatible with the surrounding land use and lots sizes. FISCAL IMPACT: Should this rezone be granted, the applicant will be able to subdivide the property into two lots and build one residence, which will generate the following impact fees. Road Impact fee: $2,433.00 OCT 0 9 2001 Public Schools Impact fee: Regional Parks, Impact fee: Community Parks Impact fee: Libraries Impact fee: Correctional facilities impact fee: Fire Impact Fee: EMS Impact Fee: Radon Gas Buildinq Code Administration Total $1,778.00 $179.00 $399.00 $180.52 $117.98 $600.00 $14.00 $10.00 $10.00 $5,721.5O In addition to the Impact Fees described there are building permit review fees. Building permit fees have traditionally offset the cost of administrating the community development review process. There are no utility impact fees associated with this residence, as there are no utilities available to the site at this time. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). The GMP allows rezoning requests with a density of four dwelling units per acre in this area; therefore, the requested density of one dwelling unit per 2.25 acres is consistent with the requirements of the GMP. It is important to note that the Agricultural zoning within the Urban Residential Subdistrict of the GMP is basically a holding zoning for properties waiting to be rezoned in accordance with the requirements of the GMP. Encouraging the development of agriculturally zoned properties within the urban area will reduce the pressure to develop outside urban areas causing urban sprawl. ENVIRONMENTAL ISSUES: The applicant is not proposing any impacts to any environmentally sensitive area on the site. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 2 OCT 0 9 ?.001 PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the CCPC review RZ-2001-AR-451and forward it to the BCC with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: There were no environmental issues involved with this request; therefore, this petition was exempt from the EAC review. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on May 17, 2001. At the CCPC hearing staff proposed that a density cap of one unit per 2.25 acres be placed on the property. After the applicant agreed to this density cap, the CCPC unanimously recommended approval. Several people spoke against this petition. Staff has also received several letters in opposition to this petition, copies of which are attached to this report. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER REVIEWED BY: DATE SOSAN MURRAY, AICP ,/_] CURRENT PLANNING MANAGER DATE /"THOMAS E. KUCK, P.E. DATE INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JOint'S. I~0~INUCK, III DATE' INT~[RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR 3 AGENDA ITEM 7-F MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION APRIL 24, 2001 RZ-2001-AR-451 OWNER/AGENT: OWNER: Ester & Francis Rascher 6150 Polly Avenue Naples, FL. 34113 AGENT: Walter H. Rascher, Jr. & Lisa J. Rascher 4460 18~h Avenue S.W. Naples, FL. 34116 REQUESTED ACTION' The applicant is requesting to change the zoning classification of the subject property from "A" Rural Agricultural Zoning District to "RSF-3" Residential Single Family District. GEOGRAPHIC LOCATION: The subject property is located on the north side of Polly Avenue approximately one half a mile north of Rattlesnake Hammock Road in Section 16, Township 50 South, Range 26 East, Collier County, Florida. This site consists of 4.55 acres. PURPOSE/DESCRIPTION OF PROJECT: The petitioner wishes to rezone the subject property from "A" Rural Agricultural Zoning District to "RSF-3" Residential Single Family Zoning District to allow the subdivision of the property into two lots in the future. The applicant has stated that he wishes to deed a portion of his property to his grandson to build a residential dwelling for him and his family. The property is surrounded by agriculturally zoned properties developed with single-family residences. This property is located within the Urban Area on the Future Land Use Map, which allows the property to be rezoned to residential single family. SURROUNDING LAND USE AND ZONING: Existing: Single-family residence, zoned "A" Agricultural Surrounding: North- East - South- West- Single-family residence, zoned "A" Agricultural Single-family residence, zoned "A" Agricultural Single-family residence, zoned "A" Agricultural Single-family residence, zoned "A" Agricultural GROVVTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP). A consistency review analysis with applicable elements of the GMP is as follows: FLUE and Density: The requested density of 3 dwelling units per acre is consistent with the density rating system contained in the Future Land Use Element and is based on the following relationship as noted below: Base Density: Maximum permitted density 4 dwelling units per acre 4 dwelling units per acre The requested density of 3 units per acre is less than that which the site is eligible to receive under the FLUE density rating system. Therefore this petition is consistent with the density provisions of the Growth Management Plan (GMP). Transportation Element: The proposed RSF-3 zoning, should the project be developed to the maximum extent possible, will result in 130 trips per day. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on any County roads. In addition, this project will not lower the level of service below any adopted LOS "D" standard on any road within the project's radius of development influence (RDI). The proposed rezone will not create or excessively increase traffic congestion on the arterial road system at build-out and complies with Policies 1.3, 1.4, 5.1 and 5.2 of the Transportation Element. Sewer and water: Water and sewer will not be available to this site. Draina_cle: Water management requirements will be addressed at the time of SDP review and approval. Such approvals will be made consistent with Collier County drainage requirements. Open Space: Sixty percent of the project site will be devoted to open space pursuant to applicable provisions of the LDC. Conservation: Conservation goals, objectives and policies are achieved by applying LDC requirements to required subsequent approvals. Other applicable elements Staff's review indicates that this petition has been designed to account for the necessary relationships dictated by the Future Land Use Element of the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed rezone is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this rezone request. Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located within an area of historical and archaeological probability as referenced on the official Collier County Probability Map. However, a waiver of Historical/Archaeological Survey and Assessment was recommended for approval by the Collier County Historical and Archaeological Board. 3 EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development Environmental staff, and the Transportation Division staff. This petition was administratively reviewed on behalf of the EAC and staff recommended approval. CRITERIA EVALUATION: Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. The most important facet of the rezoning is that it constitutes a legislative statement that authorizes the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of subsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.3.2.5. (Rezone Findings) of the LDC thus requiring staff evaluation and comment, and form the basis for a recommendation of approval or denial by the Planning Commission. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con or not applicable, whichever the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and have been attached to the staff report as Exhibit "A". (See Attached) Relationship to Future and Existing Land Uses: A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. 4 A rezoning action having the effect of rezoning approximately 4.55 acres to Residential Single Family will be consistent with the provisions of the FLUE. Compatibility:. The subject property is surrounded by agriculturally zoned properties developed with single-family residences. By the virtue of the fact that this property qualifies for Residential Single Family under the Future Land Use Element of the Growth Management Plan, this residential rezoning is compatible with surrounding and nearby land uses. Timing: Clearly the timing of a rezoning action from "A" Agricultural is present when the land is impacted with nearby residential land uses. Traffic: The site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume). The added trips will not lower the level of service below adopted standards within the project's radius of development influence (RDI). Therefore, the rezoning action will be consistent with the TE. Infrastructure: There are no plans to extend the sewer and water lines to this area in the near future; therefore, this property will be on septic tank and private well. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition RZ-2001-AR-451 to the BCC with a recommendation for rezoning this property from "A" Agricultural to "RSF-3" Residential Single Family zoning district. PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICh' PRINCIPAL PLANNER 5z DATE REVIEWED BY: SUSC/~'N MURRAY, AICP ~' ' INTERIM CURRENT PLANNING MANAGER OCT O ~ 200i THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE ' APPROVED BY: DATE JOH~I M. DUNNUCK, III INTL:::~IM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition RZ-2001-AR-451 This petition has been tentatively scheduled for June 26, 01, BCC Public Hearing. COLLIER~ PLANNING COMMISSION: 6 REZONE FINDINGS PETITION RZ-2001-AR-451 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro: It is the opinion of the Comprehensive Planning Section that a rezone to RSF-3 will be in compliance with the Growth Management Plan. Con: None. Summary Findings: The proposed rezone to RSF-3 will be in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern. ProlCon: Evaluation not applicable. Summary Findings: This property is surrounded on all sides by agriculturally zoned properties developed with single-family residence. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro: This property is adjacent to properties developed with single-family dwellings. Con: This rezoning will allow single-family residences on lots smaller than neighboring properties. Summary Findings: This property is of a sufficient size that this rezone will not result in an isolated district unrelated to adjacent and nearby districts. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. OCT 0 9 2001 Pro: The district boundaries are logically drawn and consistent with the GMP. Con: None. Summary Findings: This project will be adjacent to residentially developed properties. 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro/Con: Evaluation not applicable. Summary Findings: The proposed zoning change is appropriate because its relationship to the FLUE is a positive one. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Pro/Con: Evaluation not applicable. Summary Findings: The proposed change will not adversely influence living conditions in the area because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Pro: An action to rezone the property as requested is consistent with all applicable transportation elements. Con: Urban intensification results in greater volumes of traffic on the arterial and collector road system serving the project. Other projects dependent upon the same street system may perceive this as one, which will reduce their perceived comfort levels. Summary Findings: Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent a statement advising that this project when developed will not excessively increase traffic congestion. 8. Whether the proposed change will create a drainage problem. Pro: The Land development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra- county drainage appurtenances would increase the risk of flooding in areas when drainage outfall condition is inadequate. Summary Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. ProlCon: Evaluation not applicable. Summary Findings: All projects in Collier County are subject to the development standards that are unique to that zoning district. These development standards and others apply generally and equally to all zoning districts and were designed to ensure that light penetration and air circulation are minimally affected by development. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro: Typically urban intensification increases the value of contiguous land. Con: None. Summary Findings: This is a subjective determination based upon factors, which may be internal or external to the subject property. Zoning is only one component, which may affect property values. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. AU,,:.NI~) A ! T F...M OCT O'B 2001 Pro/Con: Evaluation not applicable. Summary Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not act as a deterrent to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applicable. Summary Findings: The proposed development is in compliance with the Growth Management Plan a public policy statement supporting zoning actions when they are consistent with the Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with the GMP are in the public interest. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Pro/Con: Evaluation not applicable. Summary Findings: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County. Pro/Con: Evaluation not applicable. Summary Findings: A policy statement, which has evaluated the scale, density and intensity of land uses, deemed to be acceptable for this site. 15. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. OCT 200t Summary Findings: There are many sites, which are zoned to accommodate the proposed residence. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 16. The physical characteristics of the property and the degree of site alteration, which would be required to make the property usable for any of the range of potential uses under the proposed, zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: Development of the land will necessitate alteration of the site in some form. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Growth Management Plan and as defined and implemented through the Adequate Public Facilities Ordinance, as amended. ProlCon: Evaluation not applicable. Summary Findings: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationship. 2001 ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 0616S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY LOCATED ON POLLY AVENUE IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, FROM "A" RURAL AGRICULTURAL TO "RSF-3 (0.44)" RESIDENTIAL SINGLE FAMILY DISTRICT; PROVIDING FOR STAFF AND PLANNING COMMISSION STIPULATIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Walter H. Rascher Jr. and Lisa J. Rascher, representing Ester and Francis Rascher, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The zoning classification of the real property as more particularly described as: The East V2 of the South ~A of the Southeast 'A of the Northwest ~A of Section 16, Township 50 South, Range 26 East, Collier County, Florida, less Polly and Atkins Avenues rights-of-way. is changed from "A" Rural Agricultural District to "RSF-3" Residential Single Family District and the Official Zoning Atlas Map Number 0616S, as described in Ordinance 91-102, the Collier County Land Development Code is hereby amended accordingly. The herein described real property is the same for which the rezone is hereby approved subject to the following: -The density shall be limited to one dwelling unit per 2.25 acres (0.44 unit per acre). SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: JAMES D. CARTER, Ph.D., CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY MARJO~I~/~[. STUDENT ASSISTANT COUNTY ATTORNEY 2001 APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE RZ-2001 -AR-451 Rascher, Esther and Francis Project # 2001030003 ived: Petition No.: DATE: 3/05/01 Commission District: Planner Assigned: _ Chahram Badamtchian ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Applicant's Mailing Address City State W- ~. Zip "~/-4- l 1 3 Applicant's Telephone Name of Agent ~)Ck 14~( Agent's Mailing Address 4~(Z)O I~"- AVe-~l.&)' City Agent's Telephone State Ft.._ Zip ~ Ar II Co Fax# ':=~41 - ~j'q'q'-Oq0_5> 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 H.EARING FOR STANDARD REZONE - 5/98 A C.,FJ',~ A ITF..M 2001 ~E IOFI5 Disclosure of Interest Informati011; If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership oo% bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name ~y~ress, and Office Perc]~ta?;f Stock ! Co If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Namean~AT~ss Perce~]geJ~nterest APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE AL~?~O A ITeM OC[ 0 9 2001 ~GC 20F'~t5 do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and AddresiN]/,g~ Percentage ~f 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. Date of Contract: Name and Ad&ess ! Perce~g/;Ownership If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE Date subject property, acquired [~[ leased [] Term of lease yrs./mos. I tt f, pe i ioner has option to buy, ln~t~qt~e,_d~at~ otophon: and-date o~tioa_~ te~inates: ., or anticipated closing date ~. ~ _ OCT 0 9 2001 P~ ie-YO~ ~5- ho o Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: ! ~ Township: ~ 0 Range: Lot: B lock: Subdivision: Plat Book__ Page #:__ Property I.D.#: Metes & Bounds Description: Size of property_: fl:. X ft. = Total Sq. Ft. Acres~,~d~ o Address/general location of subject property_: Adjacent zoning and land use: Zoning Land use APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 OCT 0 9 2001 Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N9 Township: Range: Section: Lot: Plat Book Block: Subdivision: Page #:__ Property I.D.#: Metes & Bounds Description: Rezone Request: This application is requesting a rezone from the ~3 }q'l'JLJJIT,t f-~ ] zoning district (s) to the ~k~ ~ ~ zoning district(s). '~] ...... Present Use of the Property: 01'~ V~. ~,e~l _/'J ~'. ~ C~ Proposed Use (or range of uses) of the property: Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria ,~oted below. Include any backup m~aterials and d,ocumentation in support of the request. WL ¢)0 d t;l 6pl;4- land P~ 10. 11. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. The impact of development on the 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. 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. previous land use petitions on the subject property.: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? ~ Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copyofthepre-applicationmeetingnotes; ~._.0_. ,..~(A,~gmi[~{ 6~..~i 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 8V2" x 1 !" 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]; ^pPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE- 5198 PJ GE I?,~D.E. ~1.5~~ · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5/98 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.,,,, ,. i Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant' and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). [&)C~ Statement of utility provisions (with all required attachments and sketches); A Traffic Impact ~tatemen~4~S), unless W~ve~at ~e pre-a~on me~ A historical and arcneotogmm survey or wmver appncanon tt property ~s ~ocatea within an area of historical or archaeological probability (as identified at pre- application meeting); Of~ 14) JlA V O' Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. AC,£Nt3- OCT O 2001 RZ-2001-AR-451 Rascher, Esther and Francis Project # 2001030003 DATE: 3/05/01 Well, g~-.~'~ ..~~cbr R~f.I'C~ being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of. the f~roposed 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. We/I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner We~I further authorize [~t~t'2- ~'~ ts'fi~t~ as our/my representative in any matters regarding this Petition. to act Signature of Property Owner Signature of Proper~ Owner - Typed or Printed Name of Owner Typed or Printed Name of owner The foregoing instrument was acknowledged be~~l.~-- day of ] 9 ' !, by ~'.r~ , ~tt c,.t (~i~.r~fho i~ally known ,~r has produced as identification. State of Florida County of Collier .,.,~ ~'o~, SALVATORE C. ~UDERI _o t~ 'Y6 CO~a~55~ON ~ CC 644955 - ~ ~ JUL 4, 2~1 ~m ~- s~c ~D~ co.,~. APPLICATION FOR PUBLIC HEARING FOR STANDARD REZONE - 5~98 (Signature of Notary Public Sta e of Florida) SALVATORE C. S{IUD£RI (Print, Type, or Stamp Commissioned Name of Notary Publ c)-- ,~j,,:o::.^~.~ ~ OCT 2001 May 7, 2001 Chahram Badamtchian Principal Planner Planning Services Department 2800 North Horseshoe Drive Naples, F1 34104 Dear Mr. Badamtchian, I am responding to the letter I received 4/27/01, regarding rezoning property located at 6150 Polly Avenue. I own my own business and due to the hours that I have to spend attending my business I will not be able to attend the meeting of May 17, 2001. I am opposed to rezoning any property from "A" Rural Agricultural to RSF-3. My main purpose for purchasing property in this area was because it is zoned Agricultural. I am strongly opposed to rezoning and want it to remain as is. Sincerely, ~ Page 1 OCT 0 9 2001 5/17/2001 To: CCPC SUBJECT: RZ-2001-AR-451 (Rascher) Zoning Change Request from Rural Agriculture to RSF-3 - Robin D. Buckley, Jr., and Susan Buckley of 6378 Adkins Avenue, Naples FL 34112, located down the road from requested zoning change go on record as being against this change. My name is Susan Buckley. I represent my husband, Robin D. Buckley, Jr., and myself. We live at 6378 Adkins Avenue, Naples FL 34112. Which is down the street from the subject property located at 6150 Polly Ave. We are against the request for a change in zoning from Rural Agriculture to RSF-3. We moved into this area knowing that the zoning was Rural Agriculture and because of it. I'm believe that everyone that also owns property and lives in this area was also obviously aware of the agricultural zoning when they made the decision to own property or live in this area. A change in zoning from Rural Agriculture to RSF-3 is, in my opinion, not in the best interest of any of the people who call this area HOME. A zoning change to RSF-3 will open a "Pandora's Box ", changing the fabric of our agricultural area to a densely crowded mess. This happens in other areas all the time and I have no reason to believe that it would be any different in our little hammock. Polly Avenue Naples, FL 34112 May 17, 2001 Planning Services Department Community Development and Environmental Services Division Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 RE: RZ-2001-AR-451 Walter H. Rascher, Jr. and Lisa J. Rascher To Whom It May Concern: We would like to take this opportunity to respond to the petition to rezone 6150 Polly Avenue from "A" Rural Agricultural to "RSF-3." While we understand the purpose of the rezoning, to allow construction of a residence for a family member, we are unequivocally opposed to any type of zoning change. Once this change is granted, it becomes permanent for current and future owners. The RSF-3 zoning would allow up to 3 single family residences per acre times the 4.33 acres the Raschers own. This density can not be supported by the area - through its infrastructure of roads, septic systems, etc. In addition, the drastically increased population would change the complexion of the neighborhood, from a country estate setting to wall to wall houses. We have discussed this potential change with many of our neighbors and no one has indicated they approve of this change. It is our unanimous feeling that this is not a positive direction for our area. We respectfully ask that the Planning Services Department decline the above specified petition. ~incerely, ~~ Mr. and Mrs. Albert Doria OCT 0 3 2001 6122 Polly Avenue Naples, FL 34112 May 17, 2001 Planning Services Department Community Development and Environmental Services Division Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 RE: RZ-2001-AR-451 Walter H. Rascher, Jr. and Lisa J. Rascher To Whom It May Concern: We would like to take this opportunity to respond to the petition to rezone 6150 Polly Avenue from "A" Rural Agricultural to "RSF-3." While we understand the purpose of the rezoning, to allow construction of a residence for a family member, we are unequivocally opposed to any type of zoning change. Once this change is granted, it becomes permanent for current and future owners. The RSF-3 zoning would allow up to 3 single family residences per acre times the 4.33 acres the Raschers own. This density can not be supported by the area - through its infrastructure of roads, septic systems, etc. In addition, the drastically increased population would change the complexion of the neighborhood, from a country estate setting to wall to wall houses. We have discussed this potential change with many of our neighbors and no one has indicated they approve of this change. It is our unanimous feeling that this is not a positive direction for our area. We respectfully ask that the Planning Services Department decline the above specified petition. Sincerely, Albert and Shirley Canfield OCT O 9 2001 May 11, 2001 Ronald D. Ison 6225 Adkins Avenue Naples, F1 34112 RE: Property At 6150 Polly Avenue Chahram Badamtchian Principal Planner Planning Services Department 2800 North Horseshoe Drive Naples, F1 34104 Dear Mr. Badamtchian, I am responding to the letter I received 4/27/01, regarding rezoning property located at 6150 Polly Avenue. Due to being employed and the time of of the meeting being 8:30 in the morning I am unable to attend. So hopefully this letter will suffice as my presence. I am opposed to rezoning any property from "A" Rural Agricultural to RSF-3. My main purpose for purchasing property in this area was because it is zoned Agricultural. I am strongly opposed to rezoning and want it to remain as is. Sincerely,/ ·/~/.3 .-""'--;., i Ronald D. Ison Page 1 Berni's letter May 11, 2001 Joyce Knowles 6205 Adkins Avenue Naples, Fi 34112 RE: Property At 6150 Polly Avenue Chahram Badamtchian Principal Planner Planning Services Department 2800 North Horseshoe Drive Naples, F1 34104 Dear Mr. Badamtchian, I am responding to the letter I received 4/27/01, regarding rezoning property located at 6150 Polly Avenue. I will be unable to attend the meeting of May 17, 2001. I am opposed to rezoning any property from "A" Rural Agricultural to RSF-3. My main purpose for purchasing property in this area was because it is zoned Agricultural. I am strongly opposed to rezoning and want it to remain as is. Sincerely, Joyce Knowles Page 1 Untitled May 7,2001 RCCEIvE~ Dear Mr. Badamtchian, Principal Planner, I am responding to the letter I received 4/27/01, regarding rezoning property located at 6150 Polly Ave. I am unable to attend the meeting May 17,01 due to my work schedule. I am opposed to rezoning any property from "A" Rural Agricultural to RSF-3. My main purpose for purchasing property in this area was because it is zoned Agricultural. I am strongly opposed to rezoning and want it to remain as is. Sincerely, Bernadine Harris Page 1 May 6, 2001 MAY 0 8 2001 E C El¥. rl Collier County Government Community Developmenl & Enviromental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 Attention: Chahram Badamtchian Re: RZ-2001-AR451 Rascher rezone Dear Mr. Badamtchian: I am opposed to the rezoning of this partial of land from agriculture to private residence on Polly Avenue. My reason being that if I okay this one, how many more will follow. If 1 okay this one, who else will come to me and say"Well you okayed the other one, why not me". This is a quiet neighborhood due to the size of the acreage. The Rascher's had a chance to divide their property before it became undividable and chose not to do so. After talking to many of my neighbors, I find that they are against this division as well. Thank you for giving me the opportunity to state my concern of overdevelopmenting this area, by cutting up these partials of land. Sincerely, Mario Pelaez 6150 Adkins Ave Naples, FL 34112 NAY 0 8 200! RECEIVED May 7, 2001 Mr. chahram Badamtchian Planning Services Department 2800 North Horseshoe Drive Naples, Fl. 34104 Dear Mr. ~,~ahram Badamtchian, In regards to: RZ-200~'-~'~-451, Walter H. Rascher, Jr. and Lisa J. Rascher, representing Esther and francis Rascher, requesting a rezone from "A" Rural Agricultural to "RSF-3" for a private residence for property located at 6150 Polly Avenue, in Section 16, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.55~ acres. We object to the above requested rezoning for the following reasons. 1. The increased density will increase traffic and associated dust on the gravel streets including Polly Avenue, Sunset Blvd. and Whittaker. We would participate in paving our portion of Sunset Blvd. However the already rezoned Waterford Estates P.U.D. refuses to do so. Consequently the road dust has become unbearable. 2. Water table levels will be lowered even further. Already our wells are close to going dry. 3. The higher density of septic tanks increases potential pollution of the ground water. 4. As no adjacent property is zoned for density greater 5ban "A" Rural Agriculture this would be spot rezoning. Please do not rezone to greater density and ignore the associated problems with street dust, water requirements, water pollution and spot rezoning. Richard J.~Nanneman K~aren K. Nanneman 3651 Sunset Blvd. Naples, Fl. 34112-2957 cc: County Commissioner -~ Donna Fiala ) IAY i Q 2001 RECEIVED May 7, 2001 Chahram Badamtchian Principal Planner Planning Services Department 2800 North Horseshoe Drive Naples, F1 34104 Dear Mr. Badamtchian, I am responding to the letter I received 4/27/01, regarding rezoning property located at 6150 Polly Avenue. I own my own business and due to the hours that I have to spend attending my business I will not be able to attend the meeting of May 17, 2001. I am opposed to rezoning any property from "A" Rural Agricultural to RSF-3. My main purpose for purchasing property in this area was because it is zoned Agricultural. I am strongly opposed to rezoning and want it to remain as is. Sincerely, ~ ~Paula Barnes Page I 2001 EXECUTIVE SUMMARY PETITION PUDA-2001-AR-500. R. BRUCE ANDERSON, ESQ. OF YOUNG, VANASSENDERP, VANADOE & ANDERSON, P.A. REPRESENTING THE SKINNER & 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 FOODS 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. OBJECTIVE: To have the Board of County Commissioners consider an application seeking to repeal the current Falling Waters Beach Resort PUD and to adopt a new PUD for the purpose of removing some of the permitted uses and adding additional uses to the list of the permitted uses in the commercial tract of the PUD while maintaining the community's interest. CONSIDERATIONS: This PUD was originally approved in 1988 (Ordinance No. 88-86) and was amended in 1992 (92-76) and in 1998 (98-33). The permitted uses for the commercial tracts allow all principal uses permitted in the C-1, Commercial Professional zoning district, automobile service stations, food markets, and restaurants including fast food. The applicant is proposing to keep C-1 uses, delete automobile service station, food market and restaurant uses and to add self-storage facilities to the list of permitted principal uses. The applicant is also proposing to reduce the maximum height from 50 feet to 36 feet, increase the commercial building areas from 49,000 square feet to 73,000 square feet and reduce the front yard setback along Collier Boulevard (CR-951) from 50 feet to 20 feet. This PUD contains a residential tract and 2 commercial tracts at the entrance to the residential development. The commercial tracts currently share a single entrance with the residential development. Self-storage use is a permitted conditional use in the C-4 zoning d~strict and a permitted use in the C-5 and Industrial districts. This project by virtue of its location within an activity center, under the Collier County Growth Management F~!~?. qualifies for the full array of commercial uses allowed in C-1 through C-5, provided certain criteria are met. This property is located at the northeastern end of the activity center and to the north it is adjacent to the Marco Island water-supply property with a Iow potential for development. This use will be a step down in intensity from the higher traffic generating uses occurring at the center of the activity center which, at the present time, includes automobile service stations, fast food restaurants, convenience store, fruit stand and a large drug store. The site-generated trips from the commercial tracts, with 73,000 square feet of self- storage buildings will be 180 Average Weekday Trips. The nighest intensity use proposed by this amendment will generate 260 Average Weekday Trip. The proposed amendment results in a decrease of 4400 site generated trips over the amount that could be generated by the currently approved PUD with uses such as restaurant and food store. As a result, this petition will reduce the number of trips on Collier Boulevard. Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. Collier Boulevard is currently a 4-lane arterial road with a 1999 traffic count of 33,727 and is operating above the adopted level of service standard of LOS "D". This PUD is located along a portion of Collier Boulevard that the GMP requires a minimum of 660 feet between any two driveways. A second access to the site from the northern portion of the property will put the new driveway closer than 660 feet from an existing driveway on Marco Island water supply site. The CCPC directed the applicants to investigate the feasibility of a common driveway with, or an easement allowing the to use the existing Marco Island water supply site driveway by the commercial tract of this PUD. Staff believes that there should be only one access on Collier Boulevard (CR- 951). The second access will be required on US-41. In 1998 when the PUD was amended to add a tract of land to the PUD, which provided frontage on Tamiami Trail, a language was added to the PUD Document requiring a second access point from Tamiami Trail. Several of the residents strongly objected to the new requirement. Historically the board approved commercial PUDs with 10,000 to 12,000 square feet of building per acre. This request is to build around 18,250 square feet per acre. The applicant is requesting a higher building area based on the fact that they are lowering the height and removing most high intensity uses, hence reducing the need for a larger parking and paved area. 2 OCT '; ,,~01 FISCAL IMPACT: This is a commercial development for up to 73,000 square feet of self-storage facility; the following Impact Fees will be applicable to this project: Road Impact fee: Correctional facilities impact fee: Fire Impact Fee: EMS Impact Fee: Radon Gas Buildinq Code Administration Total $41,391.00 $2,277.00 $21,900.00 $ 949.00 $365.00 $365.00 $67,247.00 In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally offset the cost of administrating the community development review process. Whereas utility fees are based on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax 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 valorem tax rates. The above discussion deals with revenue schemes. A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land use development project. Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard 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, which may have geographic concurrency implications. GROWTH MANAGEMENT PLAN 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. The Urban Commercial District allows the full array of commercial uses (C-1 through C-5), subject to certain criteria. 3 Based on the above analysis, the proposed PUD amendment is deemed consistent with the Future Land Use Element of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are no environmental issues with this PUD amendment request. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING STAFF RECOMMENDATION: Staff recommended that the CCPC forward Petition PUDA-2001-AR-500 to the Board of County Commissioners with a recommendation for approval. The main reason for this recommendation is the fact that the residential portion of the project shares a single entrance with the two existing commercial tracts. A reduction in the intensity of the proposed uses will have a positive effect in reducing the number of trips generated by these commercial tracts. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: This petition was exempt from the review by the EAC. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on August 16, 2001 and by a unanimous vote recommended approval. Several people spoke against this petition at the CCPC hearing and staff received several letters of objection which are attached to this report. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER REVIEWED BY: SOSAN MURRAY, AICP CURRENT PLANNING MANAGER 4 DATE DATE .;Fl-lOMAS E. KUCK, P.E. ~' - INTER, H~I PLAN lNG SERVICES DIRECTOR NOR~A,~N E. 'FE~3ER, A CP TRANSPORTATION ADMINISTRATOR APPROVED BY: ~ JOl~l~l M. DUNNUC~-"III IN'I~RIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADI~INISTRATOR DATE Petition Number: PUDA-2001-AR-500 5 2001 AGENDA ITEM 7-D TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION June 21,2001 PETITION NO: PUDA-2001-AR-500 OWNER/AGENT: Agent: Owner: R. Bruce Anderson, Esq. Young, VanAssenderp, Vanadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL. 34108 Albert Hubschman, contract seller The Skinner & Broadbent Development Company, Inc., Contract purchaser (George P. Broadbent sole shareholder) 201 North Illinois Street, 23r~ Floor Indianapolis, In. 46204-1950 REQUESTED ACTION: The petitioner seeks 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 foods restaurants, food markets and automobile service stations from the Community Commercial tracts of the PUD. GEOGRAPHIC LOCATION: The subject property is Iocat~.d in the west 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. This site consists of 74.37 acres. OCT O 001 , .~ SR 951 I PURPOSE/DESCRIPTION OF PROJECT: This PUD was originally approved in 198~ (Ordinance No. 88-86) and was amended in 1992 (92-76) and in 1998 (98-33). The permitted uses for the commercial tract (5.05 acres) allow all principal uses permitted in the C-1, commercial professional zoning district, automobile service stations, food markets, and restaurants including fast food. The applicant is proposing to keep C-1 uses, delete automobile service station, food market and restaurant uses and to add self-storage facilities to the list of permitted principal uses. The applicant is also proposing to reduce the maximum height from 50 feet to 36 feet, increase the commercial building areas from 49,000 square feet to 73,000 square feet and reduce the front yard setback along Collier Boulevard (CR-951) from 50 feet to 20 feet. This PUD contains a residential tract and 2 commercial tracts at the entrance to the residential development. The commercial tracts share a single entrance with the residential development. The residents, in the past, had voiced their concerns with regards to the potential traffic generated by the permitted commercial uses on commercial tracts. They were trying to remove automobile service stations and fast foods from the list of permitted uses. Self-storage use is a permitted conditional use in the C-4 zoning distdct and a permitted use in the C-5 and Industrial districts. This project by virtue of its location within an activity center, under the Collier County Growth Management Plan, qualifies for the full array of commercial uses allowed in C-1 through C-5, provided certain criteria are met. This property is located at the northeastern end of the activity center and to the north it is adjacent to the Marco Island water-supply property with a Iow potential for development. This use will be a step down in intensity from the higher traffic generating uses occurring at the center of the activity center which, at the present time, includes automobile service stations, fast food restaurants, convenience store, fruit stand and a large drug store. SURROUNDING LAND USE AND ZONING: Existing: Residential with a 5.05 acre of commercial tract, zoned PUD Surrounding: North -Marco Island water supply property, zoned "A" Agricultural East - Vacant, zoned "A" Agricultural South - Fruit stand, zoned c-3 and vacant, zoned, "C-5", "C-4", and "A" Agricultural West - Collier Boulevard ROW, Commercial, zoned PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Commercial District, Mixed Use Activity Center Subdistdct), as identified on the Future Land Use Map of the Growth 2 Management Plan. The Urban Commercial Distdct allows the full array of commercial uses (C-1 through C-5), subject to certain criteria. Based on the above analysis, the proposed PUD amendment is deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: The site-generated tdps from the commercial tracts, as proposed, will be 180 Average Weekday Tdps. The proposed amendment results in a decrease of 4403 site generated trips over the amount that could be generated by the currently approved PUD. As a result, this petition will reduce the number of tdps on Collier Boulevard. Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. Collier Boulevard is currently a 4-lane artedal road with a 1999 traffic count of 33,727 and is operating at LOS "B". This road segment is not projected to be deficient by the build-out of this project. Based on this data, this petition is consistent with Policies 1.3 and 1.4 of the Transportation Element. Conservation and Open Space: PUD development commitments provide open space consisting of at least thirty (30) percent of the gross land area. Native vegetation preservation or re-vegetation requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Manaqement: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. 3 2001 ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE EVALUATION: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. The comments and concerns of these reviewing agencies have helped to shape the content of the PUD Document. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the cdteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The list of criteria is specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and shall be the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. Staff review of each of the cdtedon is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appropriate evaluation of decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Followings are staff findings for this PUD amendment: Relationship to Future and Existing Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, this area is located within a Mixed Use Activity Center, allowing commercial activities. This amendment will only affect the permitted uses within the commercial tracts of the PUD and should not have any afflict on the surrounding properties. Traffic: 4 OCT 0 n 2001 The site-generated trips from the commemial tracts, as proposed, will be 180 Average Weekday Trips. The proposed amendment results in a decrease of 4403 site generated trips over the amount that could be generated by the currently approved PUD. As a result, this petition will reduce the number of trips on Collier Boulevard. Infrastructure: The subject property is served by the County water and sewer system. Storm water management will be provided on site. PUD Document and Master Plan: PUD Document: The Falling Waters Beach Resort PUD Document is modeled after a County Planning Services model PUD Document in terms of format, general provisions covering references to GMP and LDC. The PUD document provides the required format for addressing land uses and development standards and development commitments. The PUD contains all of the recommendations of reviewing staff. Master Plan: The Master Plan is designed around several lakes. There is one entrance to the site. The commercial tracts will share the same entrance with the residential tracts STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition PUDA-2001-AP,-500 to the Board of County Commissioners with a recommendation for approval. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: DATE 5 THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE APPROVED BY: JOF~M. DUNNUCK III DATE INTERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR Petition Number:. PUDA-2001-AR-500 Staff Report for August 16, 2001 CCPC meeting. NOTE: This Petition has been tentatively scheduled for the September 11, 2001 BCC meeting. JOYCEA~NA J. RAUTIO, CI~AIRMAN 6 FINDINGS FOR PUD PUDA-2001-AR-500 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 cdteda: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Pro: (i) Intensifying land development pattems produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The subject property is served by a network of County roads, all of which are within the urbanized area providing easy access to a host of community services and facilities. (iii) Comprehensive multi-disciplined 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 Findin¢l: Jurisdictional reviews by County staff support the manner and pattem of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD Document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. 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 t') be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. ProlCon: 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 consistent with the goals, objectives and policies of the Growth Management Plan. Con'.. None. 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 Subdistdct allows commercial land use and related activities. Transportation Element - Analysis of the subject petition concluded with a finding that with development phasing 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 developed as open space consisting of a wetland areas, lakes and landscape buffers. This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space requirement of 30 percent for commercial and industrial PUDs. 2 Other Applicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the Falling Waters Beach Resort 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. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. The internal and extemal 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 Findincj: The PUD Master Plan has been designed to optimize internal land use relationship through the use of vadous forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. 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. ProlCon: Evaluation not applicable. Summary Findin(~: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See Staff report) The ability of the subject property and of surrounding areas to accommodate expansion. ProlCon: Evaluation not applicable. OCT 0 9 2001 Summary Finding: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. 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. ProlCon: Evaluation not applicable. Summary Findin¢l;. 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. 2001 REZONE FINDINGS PETITION PUDA-2001-AR-500 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: Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findin(~s: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattem; Pro: The parcel in question is located within a Mixed Use Activity Center with commercial properties to the south and a shopping center across the street. Con: None. Summary Findinqs: The proposed land uses are generally consistent with the existing and future land use pattern in the area. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed changes is for the commercial tract of the PUD. This commercial tract is across the street from a PUD with a large commercial tract, therefore, this rezone will not create an i.~ 31ated district. Con: Evaluation not applicable. Se Summary Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is located within close proximity of other approved commercial zoned properties. It is also consistent with expected land uses by virtue of its location within the "commercial District, Mixed Use Activity Subdistrict" on the Future Land Use Element. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro:. The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findinas: The boundaries are logically drawn by virtue of the site's location within the" Commercial District, Mixed Use Activity Subdistrict" on the Future Land Use Element. conditions make the passage of the Whether changed or changing proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing con~litions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. Summary Findinas: Consistent with the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro Recommended mitigation actions included in the PUD Document will go a long way towards offsetting any potential adverse influences on the residential communities in the area. Con:. The additional commercial activity could cause increased noise and traffic impacts on the nearby properties. However, due to it's location and the proposed preserve and,. buffer areas, the proposed PUD should not adversely impact the adjacent properties. CST ]' ~ 2001 am Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the development standards of the PUD Document have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create types of treffic 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 fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic from this residential development would be defused. Con: (i) Urban intensification results in greater volumes of traffic on the local, artedal and collector road system serving the PUD. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary Findincls: 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. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. 3 10. 11. Summary Findinas: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed commercial development conforms to the similar commercial development standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findincls: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the north and east sides. Con: None. Summary Findincls: 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 mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; 12. 13. 14. 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 with 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. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; ProlCon: Evaluation not applicable. Summary Findings: The proposed 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. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findincls: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the GMP. Con: Evaluation not applicable. S~:mmary Findings: A policy statement which has evaluated the scale and intensity of land uses deemed to be acceptable for this site. 5 OCT O 9 2001 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 16. ProlCon: Evaluation not applicable. Summary Findings: There are many sites which are zoned to accommodate the proposed commemial development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 17. ProlCon: Evaluation not applicable. Summary Findings: Physical alteration is a product of developing vacant land which cannot be avoided. 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. ProlCon: 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. ORDINANCE NO. 01- AN ORDINANCE AMENDING 9P, D1NANCE NUMBER 91-102, THE COLLIER COLNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR TH~ UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NLrMBERED 1 ~03N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE FALLING WATERS BEACH RESORT PUD, FOR PROPERTY LOCATED AT THE INTERSECTION OF COLLIER BOULEVARD (C.R. 951) AND U.S. 41, IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 74.37+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-33, THE FORMER FALLING WATERS BEACH RESORT PLq3; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R. Brace Anderson of Young, van Assenderp, Varnadoe & Anderson, representing The Skinner and Broadl:~ntt Development Company, Inc., 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 dcscril~d real property located in Section 3, Township 51 South, Range 26 East, Colli*r County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated h~ein and by reference made part hereof. The Official Zoning Atlas Map(s) numb,~rod 1603N, as d~'ib~d in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amend~l accordingly. SECTION TWO: Ordinance Number 98-33, known as the Falling Waters Beach Resort PUD, adopted on April 28, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. ...2 PASSED AND DULY ADOPTED by the Board of County Commissioners oi Collier County, Florida, this ~ day of ,2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Matjor~ M. Student Assistant County Attorney CB/ira BY: JAIV[ES D. CARTER, Ph.D., CHAIRMAN FALLING WATERS BEACH RESORT A PLANNED UNIT DEVELOPMENT BY FALLING WATERS BEACH RESORT, LTD. NAPLES, FLORIDA PREPARED BY: WILSONMILLER, INC. 3200 BAILEY LANE, SUITE 200 NAPLES, FL 34105 and YOUNG, VANASSENDERP, VARNADOE & ANDERSON, P.A. 801 LAUREL OAK DR. NAPLES, FL 34108 REVISED MARCH 9, 2001 EXHIBIT "A" SECTION I PROPERTY OWNERSHIP, DESCRIPTION AND STATEMENT OF COMPLIANCE 1.1 PURPOSE The purpose of this section is to provide a legal description of the parcel, state the ownership and provide a description of the existing conditions of the parcel. 1.2 LEGAL DESCRIPTION A. PHASE I: COMMERCIAL (Parcel 'A') A Portion Of Land Located In Section 3, Township 51 South, Range 26 East, Collier County, Florida Being More Particularly Described As Follows: Commencing At The East 114 Comer Of Said Section 3; Thence Run South 00°41'31" West 629.67 Feet Along The East Line Of Said Section 3; Thence Run North 54°20'16'. West On A Line 400 Feet North Of And Parallel With The North Right-Of-Way Line Of Flodda State Road 90; (U.S. 41) For A Distance Of 608.25 Feet To The East Line Of A Outfall Drainage Easement As Recorded In Official Records Book 83, Page 125 Of The Public Records Of Collier County, Flodda; Thence Continue North 54°20'16" West 3503.15 Feet To The Point Of Beginning Of The Parcel Of Land Herein Described; Thence Continue North 54°20'16" West 239.00 Feet To The East Right-Of-Way Line Of State Road 951 (100.00' Right-Of-Way); Thence North 35°40'08'. East 220.00 Feet Along Said East Right-Of-Way Line; Thence South 54°20'16" East 239.00 Feet; Thence South 35°40'08" West 220.00 Feet To The Point Of Beginning. Less And Except The Westerly 50.00 Feet Thereof. (Parcel "B') A Portion Of Land Located In Section 3, Township 51 South, Range 26 East, Collier County, Florida Being More Particularly Described As Follows: Commencing At The East 114 Comer Of Said Section 3; Thence Run South 00°41'31" West 629.67 Feet Along The East Line Of Said Section 3; Thence Run North 54°20'16'' West On A Line 400 Feet North Of And Parallel With The North Right-Of-Way Line Of Florida State Road 90; (U.S. 41) For A Distance Of 608.25 Feet To The East Line Of A Outfall Drainage Easement As Recorded In Official Records Book 83, Page 125 Of The Public Records Of Collier County, Florida; Thence Continue North 54°20'16'' West 3742.15 Feet To The East Right-Of-Way Line Of State Road 951 (100' Right-Of-Way); Thence North 35*40'08" East 320.00 Feet Along Said East Right-Of-Way Line To The Point Of Beginning Of The Parcel Of Land Herein Described; Thence Continue North 35°40'08" East 600.00 Feet Along Said East Right-Of-Way Line; ~.. Thence South 54°D20'16'' East 239.00 Feet; Thence South 35°40'08" West 600.00 Feet; ~ · OCT C, 9 2001 Thence North 54°20'16.' West 239.00 Feet To The Point Of Beginning. Less And Except The Westerly 50.00 Feet B. PHASE I1: RESIDENTIAL A tract of land lying in Section 3, Township 51 South, Range 26 East, Collier County, Flodda, being more particularly described as follows: Commencing at the East % comer of Section 3, Township 51 South, Range 26 East, Collier County, Flodda; thence run South 00° 41' 31" West for 629.67 feet; thence run North 54° 20' 16' West on a line 400 feet North of and parallel with the North right-of-way line of Florida State Road 90, (U.S. 41) for a distance of 608.25 feet to the East line of a Outfall Drainage Easement as recorded in Official Records Book 83, Page 125 of the Public Records of Collier County, Florida and the Point of Beginning; thence continue along said line North 54° 20' 16" West 3503.06 feet; thence North 35° 40' 08" East 220.00 feet; thence North 54° 20' 16" West 189.00 feet to the Eastedy right-of-way line of State Road S-951; thence run North 35° 40' 08" East 100.00 feet along said right-of-way line; thence South 540 20' 16' East 189.00 feet; thence North 35° 40' 08' East 600.00 feet; thence South 54° 20' 16' East 3249.77 feet to the Easterly line of said Outfall Drainage Easement; thence South 20° 16' 12" West 954.23 feet along said easement line to the Point of beginning. Subject to easements, restrictions and dedications of record. C. PHASE II1: RECREATION PARCEL A parcel in Section 3, Township 51 South, Range 26 East, Collier County, Flodda. From the East Quarter comer of Section 3 run with Section line South 0°41 '31" West, a distance of 612.57 feet; thence North 89°18'29' West, a distance of 722.35 feet to the intersection of the West right-of-way line of a County Drainage Canal with the North right-of-way line of State Road 90 (Tamiami Trail); thence with said Trail right-of-way line North 54°20'16' West, a distance of 1327.51 feet to the true POINT OF BEGINNING; thence continue with the Trail right-of-way line North 54°20'16- West, a distance 220.00 feet; thence North 35°39'44- East, a distance of 400.00 feet; thence South 54°20'16" East a distance of 220.00 feet; thence South 35°30'44" West, a distance of 400.00 feet to the POINT OF BEGINNING. Containing 2.02 acres more or less. 1.3 OWNERSHIP The subject property is owned by Falling Waters Beach Resort, Ltd. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA ?/2~- ~ V~.Oll-~Tl~ae OCT 0 9 2001 The subject property is located on the east side of Collier Boulevard (CR 951) approximately 400 feet north of Tamiami Trail East (US 41). The site is further described as being bounded on the West by Collier Boulevard (CR 951), on the East by Henderson Creek; on the South by numerous small parcels fronting US 41 which are about 400 feet deep; and on the North by a parcel controlled by Deltona Corporation. The project site contains approximately 76.87 acres of land presently zoned PUD, Planned Unit Development District. The subject property lies within the urban area of Collier County, is serviced with water and sanitary sewer by Collier County and is within the Collier County Water Management Distdct No. 6. 1.5 PHYSICAL DESCRIPTION The subject site is relatively fiat with the exception of a swale along Collier Boulevard, CR 951. Elevations range from 5.2 feet to 8.6 feet with the average grade an being elevation of 5.5 feet. Topographic data indicates that the land probably drained southerly before construction of US 41, but that sheetfiow pattern is presently obstructed. The property adjacent to the north boundary appears to drain into the abandoned quarry presently being used to store untreated drinking water for the Marco Island public water system and into Henderson Creek. Three soil types are present on the subject property, as depicted by the soil survey for Collier County, Florida. These are 1) Broward fine sand, shallow phase 2) Ochopee fine sand marl, shallow phase and 3) cypress swamp. A natural plant community of slash pine flatwood with palmetto occur on this site along with invading exotic hardwood species. The majority of the site is pine flatwood and cabbage palm. In the areas of the site where scattered pines exist, the understory is composed of saw palmetto along with wax myrtle, saitbush and Brazilian pepper. Where cabbage palms are the dominant canopy, the understory is wild grape and Brazilian pepper. Species of oaks are intermixed throughout the site. There is a small special treatment area in the northeast portion of the site, which will be preserved during development. OCT G q 2001 1.6 STATEMENT OF COMPLIANCE: The Falling Waters Beach Resort Planned Unit Development is consistent with the Collier County Growth Management Plan for the following reasons: A. The project site is designated Urban Residential and Mixed Use Activity Center on the Future Land Use Map and in the Future Land Use Element. The permitted uses in the commercial portion of the PUD are permitted in the Mixed Use Activity Center designation. The permitted uses in the residential portion of the PUD are permitted in the Urban Residential and Mixed Use Activity Center designations. Properties designated Urban Residential are permitted a base density of up to 4 units per acre. The property lies within the Traffic Congestion Area resulting in the subtraction of one unit per acre (from 4 units/acre to 3 units/acre). Properties designated Mixed Use Activity Center are permitted a density of up to 16 units per acre which can be spread over the entire project. The full density of 16 units per acre is deemed appropriate and is awarded to this site. Fifteen (15) acres of the residential portion of the PUD are within the Mixed Use Activity Center land use designation resulting in 240 units (15 acres X 16 units/acre). Fifty-four and three-tenths (54.3) acres of the residential portion of this PUD are within the Urban Residential land use designation resulting in 216 units (54.3 acres X 4 units/acre). The total number of units permitted by the Density Rating System for this site is 456 for a density of 6.6 units/acre as no other provisions of the Density Rating System to add or subtract density are applicable. Therefore, the density of 6.5 units/acre (451 units) permitted by this PUD conforms to the Density Rating System contained in the Future Land Use Element. B. The project is compatible with surrounding land uses as required by Policy 5.4 of the Future Land Use Element. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to describe the general plan of development of the project, including land uses, density and phasing. 2.2 GENERAL Regulations for development of Falling Waters Beach Resort 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." Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Land Development Code. 2.3 PROJECT PLAN The proiect conceptual plan is shown on the accompanying Exhibit "A", "Master Concept Plan". The drawings show the land use tracts which also include the road right-of-way. In addition to the various areas and specific items shown on Exhibit "A", utility, private, semi-public easements shall be established within the project as necessary for the service, function or convenience of the owners and tenants. 2.4 PHASING Lake excavation will begin upon receipt of the required Excavation Permit. Excavated matedal may be permitted to be hauled off-site in accordance with Division 3.5 of the Land Development Code. Falling Waters Beach Resort Phase I (Commercial) will be developed as the lake excavation nears completion. Falling Waters Beach Resort Phase II (Residential) will be developed in approximately four (4) phases. Estimates of the construction periods and number of dwelling units in each phase are included in Table I. The sequence, number of units in each phase and type of units in each phase may change during the course of the project as dictated by market conditions, or as demand for certain types of housing becomes evident. ?/25/01- ~ V~ 011- B'I'~ TABLE I ESTIMATED DEVELOPMENT PHASING SCHEDULE Phase Completion No. ofUni~ Sta~ I 112 1994 2 112 1996 3 112 1998 4 115 2003 The 21.5+ acre lake will be excavated in accordance with Division 3.5 of the Land Development Code. The excavated lake depth will be (-) 6.5 feet NGVD. Excavation material may be permitted to be hauled off-site in accordance with Division 3.5 of the Land Development Code. 2.5 SITE DEVELOPMENT PLAN APPROVAL PROCESS The procedures outlined in Division 3.3 of the land Development Code shall be followed for Site Development Plan approval. A. In the case of residential structures with a common architectural theme, required property development regulations may be reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Section 2.6.27.4.6 of the Collier County Land Development Code. SECTION III COMMUNITY COMMERCIAL 3.1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the area designated on Exhibit 'A' as Community Commercial. 3.2 MAXIMUM SQUARE FOOTAGE A maximum of 74,000 square feet of floor space may be constructed. 3.3 USE PERMITTED A. All permitted (principal) uses and structures as allowed by C-1, Commercial Professional District, as it exists on the date of adoption of this amendment, and also the following: 1. Self storage (SIC 4225). B. Accessory Uses: Accessory uses and structures customarily associated with self storage facilities including resident manager's quarters. Signs as permitted in Division 2.5 of the Land Development Code except that a pylon sign shall be allowed in the front yard. No portion of the pylon sign shall be beyond the property line. Pylon signs must be oriented toward traffic on Collier Boulevard (CR 951). 3.4 REGULATIONS GENERAL Dimensional requirements, yards and set-backs shall be in accordance with the following: MINIMUM LOT AREA 1.0 acre MINIMUM LOT WIDTH 200 feet MINIMUM YARDS 1. Abutting Collier Boulevard (C.R. 951) - 20 feet 2. Access road between commercial tracts - 25 feet 3. Side or rear yard - 15 feet. OCT 200t MINIMUM FLOOR AREA Ground floor - Minimum 700 square feet. OFF-STREET PARKING REQUIREMENTS As required by Division 2.3 of the Land Development Code in effect at the time Site Development Plan approval is sought. MAXIMUM HEIGHT Thirty-Six (36) feet above the first finished floor of the building. H ARCHITECTURAL GUIDELINES . 1. Exceptions to the provisions of the Architectural Guidelines may be granted by the board of county commissioners in the form of a PUD zoning distdct where it can be demonstrated that such exceptions are necessary to allow for innovative design which, while varying from one or more of the provisions of the Architectural Guidelines, nonetheless are deemed to meet the overall purpose and intent set forth herein. 2. Due to the linear orientation of the property, non-public pedestrian aspect of the primary use (renters access only to the storage facilities) and the desire to minimize visual and use related impacts to both the residents of Falling Waters Beach Resort and the general public, while at the same time following the intent of the Architectural Guidelines, the following standards shall be met: Section 2.8.3.5.2· Building orientation standards, - shall allow for the facilities to have a minimum of ten percent (10%) glass and to substitute pitched roofs elements (partial) in lieu of covered public entry and covered walkway. Section 2.8.3.5.5.(3) Massing standards, - The primary facades on the ground floor shall not be required to be provided along 50 percent of the effected side. In lieu of this requirement, no horizontal length of a building fac,,ade shall exceed 70 linear feet, additional deeper recesses shall be provided, and tower elements shall be added. Section 2.8.3·5.11.2., Entryway standards, -the intended use of the buildings over 20,000 square feet is self storage. They are not intended for retail, walk-in customers and therefore no benches, decorative landscape planters, structural or vegetative planters shall be required. In lieu of this requirement, additional landscaping (all trees shall be a minimum of 16-18 feet in height) shall be planted in the perimeter buffers. Section 2.8.4·4.2, Building orientation standards, - shall allow for the facilities to have a minimum of ten percent (10%) glass and in lieu of other requirements, additional landscaping (all trees shall be ~ minimum of 16-18 feet in height) shall be planted in the perimeter buffers. The office use shall comply with the Architectural Guidelines. Section 2.8.4.4.5., Massing standards, - No horizontal length of the ground floor fac~ade shall exceed 50 feet and a minimum total width of 20 percent of the fac,,ade shall have varied lengths. In lieu of additional massing standards, trees shall be placed at 20 foot intervals. Section 2.8.4.4.10.2., Entry standards, -the intended use of the building less than 20,000 square feet (other than office) is self storage. It is not intended fo customers and therefore no benches, decorative landscape planters, OCT 2001 vegetative planters shall be required. The office use shall comply with the Architectural Guidelines. 3. Other sections of the Architectural Guidelines shall apply. OCT 0 9 2001 4.1 PURPOSE SECTION IV MULTI-FAMILY RESIDENTIAL The purpose of this Section is to set forth the regulations for the development of Residential uses, Tract B, within Falling Waters Beach Resort as designated on Exhibit "A". 4.2 PERMITTED USES There will be a maximum of 451 dwelling units and one office on the site. No building or structure or part thereof shall be erected, altered or used, or land or water used, in whole or in part, other than the following: PRINCIPAL USES 1) Multiple family dwellings, villas, cluster housing and one office. 2) Recreational areas - tennis courts, swimming pool, clubhouse, and other facilities commonly associated with residential development. 3) Commonly owned open tracts (jogging tract, lake, cypress preserve). 4) Water management facilities (owned by owners' association). 5) Commercial excavation. ACCESSORY USES 1) 2) 3) 4) Customary accessory uses and structures. Signs as permitted by Division 2.5 of the Land Development Code. Models shall be permitted in conjunction with the promotion of the development, so long as the developer has units for sale. Walls and fences constructed of materials and finished architecturally compatible with the principal structures to which they are accessory, shall be permitted sub"ect to the provisions of Section 2.6.11 of the Land Development Code and this document. 4.3 MINIMUM LOT SIZE AND DENSITY Since the property will not be subdivided, there will be no minimum lot width, depth or area except as established by setback requirements set forth below: 4.4 BUILDING SETBACK REQUIREMENTS OCT 0 9 ?.O01 The dimensions for minimum building setback shall be as follows: 1) 2) 3) 4) From all paved streets - 35 feet from pavement edge. From all property lines - 35 feet. From the Henderson Creek maintenance easement - 25 feet. Between structures - 20 feet or % the combined heights, whichever is greater. 4.5 MAXIMUM HEIGHT OF STRUCTURES The maximum height of all dwelling structures shall be 35 feet as measured from the finished floor of the first dwelling level as determined from the Flood Insurance Rate Maps. 4.6 MINIMUM FLOOR AREA The minimum habitable floor area of each dwelling unit shall be 1000 square feet. 4.7 OFF STREET PARKING Off-street parking shall be provided as required by Division 2.3 of the Land Development Code in effect at the time of application for Site Development Plan approval. 4.8 PROJECT LIGHTING Project lighting shall consist of appropriate street and pedestrian oriented site illumination. 4.9 COMMON AREA No structure shall be erected, altered, or used, or land or water uses, in whole or in part, for other than the following: A. Principal Uses 1) Jogging tracts and walking paths. 2) Picnic areas. 3) Tennis courts, swimming pool and similar recreational and sporting activities. 4) Storage of equipment for maintenance of common areas. 5~ Uses associated with maintenance of utility services as approved by the Development Services Director. 6) Water management areas and facilities. 7) Preservation area. 4.10 COMMON AREA OWNERSHIP AND MAINTENANCE Common areas will, upon completion of the project, or sooner as agreed to by all parties concerned, come under the ownership of a property owners' association or some ~ OCT .001 organization of residents. This organization will be responsible for the maintenance of common areas under the conditions set forth in Subsection 2.2.20.3.8 of the Land Development Code. The common areas shall not include or be interpreted to include the recreational facilities. 4.11 RECREATIONAL FACILITIES Principal Uses 1) Jogging tracts and walking paths. 2) 3) 4) 5) 6) 7) Picnic areas. Tennis courts, swimming pool and similar recreational and sporting activities. Storage of equipment for maintenance of common areas. Uses associated with maintenance of utility services as approved by the Development Services Director. Water management areas and facilities. Preservation area. OCT 0 ~ 2001 SECTION V DEVELOPMENT STANDARDS 5.1 PURPOSE The purpose of this Section is to set forth the standards for the development of this project. 5.2 GENERAL All facilities shall be constructed in stdct accordance with the Final Development Plan and all applicable State and local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the current official County Subdivision Code shall apply to this project. 5.3 PUD MASTER DEVELOPMENT PLAN A. Exhibits "A", "B" and "C" Master Concept Plans, illustrate the proposed development. B. The design criteria and system design illustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project the neighborhood and the general local environment. Minor site design alterations may be permitted subject to approval by the Development Services Director in accordance with Subsection 2.7.3.5 of the Land Development Code. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. D. The roadways shown are to remain pdvate. E. The surface water management system will be owned and maintained by a property owners' association. The water management system will utilize a man-made lake for detention of storm flows. Discharge will be to Henderson Creek. The swale along the CR-951 right-of- way will remain and a culvert will be installed at the entrance road. The culvert will be of sufficient size to maintain existing flow. 5.4 PROJECT DEVELOPMENT The proposed construction shall comply with the standards set forth herein and meet Collier County Land Development Code and Building Regulations. 5.5 ENVIRONMENTAL AND DRAINAGE CONSIDERATIONS A. Petitioner shall be subject to the Division 3.9 of the Land Development Code requirement for the acquisition of a vegetation removal permit prior to any land clearing. A si_te~, clearing plan shall be submitted to the Planning Services Department for its review prior to any substantial work being done on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall cleady depict the final site layout, retained native vegetation, roads, buildings, lakes, parking lots, and other facilities to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Planning Services Department for its review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of the site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. OCT 0 9 2001 C. All exotic plants, as defined in Division 3.9 of the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Planning Services Department. D. If dudng the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at the location shall be immediately stopped and the Planning Services Department Staff notified. Development will be suspended for a sufficient length of time to enable the Planning Services Department, or a designated consultant, to assess the find and determine the proper course of action in regard to its salvageability. The Planning Services Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E. The boundaries of the "ST" preserve area shall be flagged by the petitioner, and subject to the review and approval of the Planning Services Department. The area shall be fenced off prior to development activity. Only conservation-oriented uses, approved by the Planning Services Department, will be allowed in this preserve area. F. The petitioner shall consult the U.S. Army Corps of Engineers and the Florida State Department of Environmental Protection (DEP) concerning the possibility of wetlands jurisdiction over some areas on site. G. In the site development plan process, the petitioner shall make every effort to incorporate mature oak trees in their existing locations into the project landscaping. This may require the relocation of buildings, parking areas, or other impervious surfaces to allow for the preservation of the trees. Oaks, which cannot be accommodated as such, may be transplanted to other areas on site. H. Littoral zones of the lakes shall maintain a slope of 6:1 to a depth of 4 feet. All littoral zones shall be revegetated with native aquatic species, and the encroachment of exotic vegetation in these areas shall be controlled. I. Detailed site drainage plans shall be submitted to the Planning Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Department. J. The stormwater generated by this project shall be directed toward the south/southwest section of the project site. K. There shall be no on-site disposal of sewage effluent. reserved for use as a future easement for canal widening and maintenance purpo A twenty (20) foot wide stdp of land along the entire Henderson Creek frontage shall be OCT 0 9 2001 M. The Collier County Pollution Control Department shall review future site development plans and plats associated with the commercial parcel. If the Collier County Pollution Control Department, or any other County department, requests or requires the monitoring of the wells near the rock quarry pit to the north, the petitioner shall provide such monitoring of the wells and submit the resulting data to the appropriate County departments. OCT 0 9 2001 5.6 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, TV cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of vegetation within the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. 5.7 WATER AND SEWER 1) Water distribution, 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. 88-76, as amended, and other applicable County rules and regulations. 2) All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. 3) The on-site water distribution system to serve the project must be connected to the District's 20 inch water main on the north side of S.R. 951 consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. Dudng design of these facilities, dead-end mains shall be eliminated by looping the internal pipeline network. 4) The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. The developer's engineer shall meet with the County staff pdor to commencing preparation of construction drawings, so that all, aspects of the sewerage system design can be coordinated with the County's Sewer Master Plan. 5) The existing off-site water facilities of the distdct must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. 6) The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 5.8 ?,-d~l. ~-j01 've~ 016 BT)'IM~ SOLID WASTE DISPOSAL OCT 0 9 2001 The County's approved solid waste disposal service shall provide for solid waste collection service to the Falling Waters Beach Resort project area. 5.9 OTHER UTILITIES Telephone, power, and TV cable service shall be made available. All such utility lines shall be installed underground. 5.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure and shall conform with the setbacks and building separations as delineated by Section 2.6.2 of the Land Development code. 5.11 SIGNS All signs shall be in accordance with Division 2.5 of the Land Development code except as provided in Section II1. 5.12 LANDSCAPING AND BUFFERING All required landscaping and buffering shall be in accordance with Division 2.4 of the Land Development code. 5.13 WATER MANAGEMENT Detailed site drainage plans for each individual parcel shall be submitted to the Planning Services Department for review at the time of development. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Department. 5.14 TRAFFIC IMPROVEMENTS Subject to Collier County Department of Transportation approval, the developer, his assigns or successors, shall provide the following: 1) There shall be only one access to Collier Boulevard (CR 951). It shall serve all of the commercial parcels and the residential portion of the project. The access shall be subject to permitting in accordance with Ordinance 82-91. The access point shall align with the access point in Lely Resort PUD across Collier Boulevard, CR.951 to the west. 2) The developer has provided left and right tum lanes on Collier Boulevard (C.R. 951) at the project entrance. If at all feasible, this construction shall be coordinated with the four-laning of that roadway. The entrance road intersection with Collier Boulevard (C.R. 951) shall include arterial level street lighting. OCT 0 9 2001 3) The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the project entrance when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. 4) The developer has provided 50 feet of right-of-way along the east side or Collier Boulevard (C.R. 951) for turn lanes, bikeways, and drainage purposes 5) These improvements are considered "site related" as defined in Collier County Ordinance No. 2001-13, and shall not be applied as credits toward any impact fees required by that Ordinance. Transportation impact fees shall be in accordance with the fee schedule set forth in Collier County Consolidated Impact Fee Ordinance No. 2001-13. 5.15 ACCESS TO U.S. 41 Access shall be provided to U.S. 41 East generally in the area shown on the PUD Master Concept Plan, Exhibit "A", with the following conditions: 1) Left and right turn lanes shall be provided at the entrance if and when required by FDOT. The entrance road intersection with U.S. 41 shall include arterial level street lighting at the time it is constructed. 2) The developer shall provide a fair share contribution toward the capital cost of a traffic signal at the emergency entrance when deemed warranted by the County Engineer. The signal will be owned, Operated and maintained by Collier County. 3) These improvements are considered "site related" as defined in Collier County Ordinance No. 2001-13, and shall not be applied as credits toward any impact fees required by that ordinance. Road Impact Fees shall be in accordance with the fee schedule set forth in Collier County Consolidated Impact Fee Ordinance No. 2001-13. 5.16 POLLING PLACES Polling places shall be permitted as provided for in Section 2.6.30 of the Land Development Code. 5.17 ISSUANCE OF FINAL CERTIFICATE OF OCCUPANCY All commitments in the PUD document shall be met by the developer pdor to issuance of the final Certificate of Occupancy. 5.18 PLATTING Platting, if required, shall be in accordance with Division 3.2 of the Land Development Code. Platting shall be required, if units are to be sold fee simple or if the project is developed as an integrated phased development, in accordance with Section 3.2.4.4 of the Land Development OCT 0 9 2001 5.19 BUFFERING A landscape buffer in accordance with Section 2.4.7, Altemative B, of the Land Development Code, shall be provided around the entire perimeter of the site except a more stringent buffer shall be provided if required by Section 2.4.7. ?/'2&~l - ~ Vec. 011- Bl'~ml OCT 0 g 2001 951 OCT 0 9 2001 2/19/0~ -91145 V~m O~ - BTF~o~ PUDA-200 I-A l?~500 Falling 'Waters-' PETITION N PUD.87.40 Beach Resort DATE: 3/15/01 APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DMSION PLANNING SERVICES Name of Applicant(s) The Skinner and Broadbent Development Company, Inc. Applicant's Mailing Address City Indianapolis State IN Applicant's Telephone Number: (317) 237-2900 Is the applicant the owner of the subject property? __. (a) (c) (d) (e) x (0 Name of Agent 201 North Illinois Street, 23rd Floor Zip 46204-1950 [] Yes [] No If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a parmership, limited parmership or other business entity, so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. R. Bruce Anderson Firm Young, van Assenderp, Vamadoe & Anderson, P.A. Agent's Mailing Address City Naples Agent's Telephone Number: 801 Laurel Oak Drive, Suite 300 State FL Zip 34108 (941) 597-2814, Fax. (941) 597-1060 mm, AC~d;IOA IIT:t4 OCT 0 9 2001 PUD Ordinance and Number: 88-86 (Previously mended by Ordinance #'s 92-76 and 98-33 Detailed legal description of the property covered by the application (if space is inadequate, attach on separate page; if request involves change to more than one zoning district, include separate legal description for property involved in each district; if property is odd-shaped, submit five (5) copies of survey; 1" to 400' scale). The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification shall be required. Section 3 Towmhip 51 South Range 26 East See attached legal description 5. Address or location of subject property: Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) See attached legal description o Type of Amendment: X A. PUD Document Language Amendmem X B. PUD Master Plan Amendment C. Development Order Language Amendment Does amendmem comply witL the comprehensive plan: If no, explain: [] Yes [] No Has a public hearing been held on this property within the last year? If so, in whose name? No Petition Number: N/A Date: OCT 0 g 2001 10. Has any portion of the PUD been sold and/or changes proposed for the area sold and/or developed? additional sheets if necessary.) developed? If yes, describe. No portions of the commercial area within the PUD have been sold or built upon. Portions of the residential area have been built and sold. Are any (Attach OCT 0 9 2001 I £ I I I I I I ! I, David A. Cheslyn, as Agent for The Skinner & Broadbent Development Company, Inc., being first duly sworn, depose and say that The Skinner & Broadbent Development Company, Inc. is the contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as our representative in any matters regarding this Petition. ' The Sld.'n .,~!~ B~9~db~t Developrdent Corn/p/any: lnc,//~ ,/,/ . lSm~id A. Cheslyn Agent for The Skinner & Broadbent Development Company, Inc. R. Bruce Anderson, Esq. personally ~ono STATE OF .1~7~/0 I/q/L} COUNTY OF /ri The forego~g Application w~ ac~owl~g~ before me ~s ~ day of M~ch, 2001, by Dasd A. Chesl~ ~ Agent for ~e Sh~ & Broadbent Development Comply, ~c. He is ~o~ to me Silage of No~ Public [Seal] ~t~ or S~p~ Nme of No~ OCT 0 9 2001 I i· WRITTEN CONSENT TO RESOLUTIONS OF THE BOARD OF DIRECTORS OF THE SKINNER & BROADBENT DEVELOPMENT COMPANY, INC. The undersigned, being the sole elected and qualified Director of The Skinner & Broadbent Development Company, Inc., an Indiana corporation (hereinafter called the "Corporation"), acting under the provisions of the Indiana Business Corporation Law and the Corporation's Code of Bylaws, as amended fi.om time to time, does hereby consent to the taking of the following actions. and adoption of the following resolutions without and in lieu of a special meeting of the Board of Directors of the Corporation: WHEREAS, The Corporation from time to time enters into contracts to purchase real estate in various locations in the U.S.A. (hereinafter called the "Real Estate") for construction of shopping centers, self-storage facilities and other commercial enterprises; WHEREAS, Various zoning approvals, permits, signage approvals, plan development approvals, environmental use and wetlands mitigation approvals and other permits and approvals of governmental authorities having jurisdiction (hereinafter called the "Approvals") may be required in order for the Corporation to cause the Real Estate to be improved for use as shopping centers, commercial self-storage facilities and other commercial enterprises. NOW, THEREFORE, BE IT RESOLVED, That the Corporation hereby designates and authorizes David A. Cheslyn to prepare, execute and deliver, on behalf of the Corporation, to governmental authorities having jurisdiction, each and every application, document, agreement, certificate and/or instrument which may be required in order for the Corporation to obtain the Approvals. RESOLVED, That this consent shall be filed with the minutes of the proceedings of the Board of Directors of the Corporation. IN WITNESS WHEREOF, the undersigned has executed this Written Consent to Resolution of the Board of Directors of the Corporation effective as of January 24, 2001, thereby agreeing that the foregoing recitals and resolutions shall be of the same force and effect as if adopted at a meeting of the Board of Directors of the Corporation held upon due notice on such date. OCT 0 9 2001 CERTIFICATE Dan G. Sterner hereby certifies that he is an attorney for The Skinner & Broadbent Development Company, Inc., and that the foregoing resolutions became effective as of January 24, 2001, have not been modified or rescinded, and remain in full force and effect. Dated: January 24, 2001. Dan G. Sterner X:',.DGS\7216\0001'uMinutes\Con~ent Resolution 1-2001 .wpd OCT 0 9 2001 AFFIDAVIT I, Albert Hab.~chman, a general partner of Fallisg Waters Beach Resort, Ltd., a Flo6da l.imitcd Partnership, being first duly sworn, dcposc and say that Falling Waters Beach Resort, Ltd., a Florida Limited Partnership, is thc: owner of the commercially zoned parcel of the Falling Waters Bench Resort PUD and wirier is thc subject matter of thc proposed PUD Amendment Petition, and that The Skinner & Broadbent Development Company, Inc. is a contract purchaser of'said parcel. Falling Waters Beach Resort, Ltd., a Florida Limited Partnership, author/zes The Skinner & Broadhent Development Company, Inc. to act as its representative in any matter regarding tiffs Petition. Falling Beach Resort, Ltd., a Florida l.imited P,~ Albert Hubschman, General Partner R. Bruce Anderson, ESq. STATE OF FLORIDA COUNTY OF Cot..4.1 The foregoing Application was acknowledged before me th.is '"/ day of March, 2001,'by Albert lluhschman as a general partner of Falling Waters Beach Kcsort. Ltd.. a Florida Limited Partnership. lie is personally kno~m to me or has produced ......... as idenlification. ~ [Seal] Si,~. atdr~ o~Notary Public "~:~~~ n ..6r~o~ Printed or Stamped Name vi'Notary MA~-06-2001 i~:05 cd41 597 1060 96>:. OCT {3 9 2001 sECOND TO CONTRACT FOR PURCHASE OF REAL ESTATE THIS Second Amendment to Contract for Purchase of Real Estate ("Amendment"), is made and entered into this ~day of January, 2001, by and between The Skinner & Broadbent Development Company, Inc., aa Indiana corporation ("PumPer"), and Falling Waters Beach Resort Ltd., a Florida limited partnership ("Vendor"), WITNESSETH THAT: WHEREAS, Purchaser and Vendor entered into a Contract for Purchase of Real Estate ("Contract"), signed by Purchaser on June 29, 2000, and signed by Vendor on June 30, 2000; and . . WHEREAS, Purchaser and Vendor entered into a First Amendment to Contract for Purchase of Real Estate; and WHEREAS, Purchaser and Vendor wish to further amend the aforesaid Contract as hereina_Prer contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Purchaser and Vendor agree as follows: 1. In the second and third lines of paragraph 2, the words and figures "two hundred ten (210)" are deleted and the words and figures "two hundred seventy (270)" are inserted in lieu thereof. 2. paragraph 7.1 is deleted in its entirety and is replaced with the following: 7.1 ~. Closing shall occur at a place acceptable to the parties in Naples, Florida on or before March 27, 2001, provided, however, that il'Purchaser is diligently pursuing obtaining the Zoning, Permits and Development Approvals, as demonstrated by reasonable evidence including Purchaser's application for such Permits and Approvals, but has not obtained same, in order to so obtain same Seller agrees to extend the Due Diligence Period under this Agreement, if requested by Purchaser, for six (6) additional periods, all of which shall be for thirty (30) days each, one extension period at a time, whereupon Purchaser shall deposit on or before the expiration of the Due Diligence Period or the applicable extension period, with Escrow Agent for the benefit of Vendor,l ~and no/100 Dollars ~for each of the extension periods. All of the foregoing deposits shall become part of the Earnest ,. That portion of the Earnest Money in the sum of ~ and no/100 Dollars paid pursuant to paragraph 1.1 shall be non-refundable in any event (but shall be applied to the Purchase Price and credited thereto at time of closing). Any portions of the Earnest Money paid pursuant to this paragraph 7.1 shall be non- refundable (except in the event Purchaser fails to obtain the Zoning, Permits and Development Approvals, such portions shall be returned to Purchaser), (but if otherwise non-refundable shall be applied to the Purchase Price and credited thereto at time of closing). Notwithstanding the foregoing provisions with regard to extension of the Due Diligence Period, if Purchaser has not filed for PUD approval on or' before forty-five (45) days from the date hereof, Vendor may terminate the Contract at any time prior to March 27,1 2001. Notwitfistanding the foregoing provisions with regard to the Earnest Money, it is understood that Purchaser may terminate this Contract at any Ii' OCT 0 9 2001 any reason. In the event the Du~ ~)iligence Period is extended as aforesaid, Closing shall take place within ten (10) days from the exte~nsion period last in force, but in no event later than September 23, 2001. Vendor shall not agree to or execute any agreements, approvals or consents whatsoever concemlng the Real Estate or any portion thereof from the Acceptance Date to the time of closing except upon the written approval of Purchaser. At the date of closing, Vendor shall execute and deliver the Deed in recordable form conveying the Real Estate and improvements constituting a part thereof in the same condition as they now are, ordinary wear and tear excepted, a Vendor's Affidavit in the form required by Chicago Title, a non-foreign affidavit pursuant to Section 1445 of the Internal Revenue Code, and any other instrument as reasonably required or requested by Purchaser or Chicago Title. Documentary:stamps on the Deed will be paid for by yendor. Purchaser will pay the cost of recording the Deed, and Vendor will pay the costs of recording any necessary corrective title - - documents required by Chicago Title. Purchaser shall pay for th~ title insurance commitment..; ' THE SKINNER & BROADBENT DEVELOPMENT COMPANY, INC. George KBroadbent, President FALLING WATERS BEACH RESORT LTD. By: ~~ HarriSon Hrubschman, General Partner OCT 0 9 2001 GRUBB AND ELLIS Hubaohman GR0~ ANO ELLIS {~002/003 p.1 ~oe3 P, oz Wl TN ]~-S.8 I~TH THAT; I~I IERF. A..% Veador and Puxr. batet en'tetcd into a C:o~ fnt ~ of Real Estate (thc-nr_O~l-,U:fl~'), l~p~ed ~ Pqltq~m~ Off Jmto-29i 2000, smd.signed, by. Vgndm' on .]'Line 30. 2~ ~S; Pntchn~Fand. V~ndor v4~h4e eme~d.th¢ Coutr~t. al ~ ptnvlded. NOW, TII]SRF. FOI~E~ in r. ons~lea~on of~e mmual eovenant~ bete~e~ c~nta/ned, and'£or other good~'vahmble-censM~; theTee, eipt nn~ suft"~F o£whlch hereby am n=knowlcdged, Pure. baser ~ Vendoz' altec as futlo~: ]ri.dm soeond~_~_-,4-tMrd ]lM~.ot~.Famsmph.?~.l. o~-dm Contract, the wot-~ ~ hundred ninety (1~0)~ hereby are deleted end the words and figax~ "tw~ htmdtcd (220)' aro Jnse:~t'ln limx ttusrc~f: 3. In ali. orlon, napccts, thc Contrac~ r, hal l t~Mb, ~ full force and cff~t. Ub~ered into aS of the date fits~ above wt-itt~ THE 8~ & BROADB]~IT DEVEL01~I/~' COMPANY, 1NC. OCT 0 9 2001 .,.£%' _ h ~2721/00 14:54 F~ .~ GRLrBB AND ELLIS Dec :~1 OO O1~43p Harrison Hub$ohmmn 5661G92 FALt.I~K} WATILIt9 B~(~I RF~OKT ~003/00,1 ~oo, P, 03 OCT 0 9 2001 CONTRACT FOR pURCHASE OF REAL ESTATE The Skinner & Broadbent Development Company, Inc., an Indiana corporation, whose address is 2300 Capital Center South, 201 North Illinois Street, Indianapolis, Indiana 46204-1950, Facsimile No. (317) 237-2912 ("Purchaser"), offers to purchase from Falling Waters Beach Resort Ltd., a Florida limited partnership, whose address is e/o Siesky, Pilon & Wood, 1000 Tamiami Trail North, Suite 201, Naples, Florida 34102, Facsimile No. (941) 263-7611 ("Vendor"), including all easements and rights benefitting same, all improvements located thereon, and all fixtures and personal property appertaining thereto which are owned by Vendor and which are permanently installed or which belong to or are used in connection therewith, that certain real estate consisting of approximately four (4) acres located in Collier County, l~lorida, outlined in red on Exhibit "A:' attached hereto and by reference made a part hereof, and easem6nt or access thereto for that cer~n real estat~ cross hatched on Exhibit "A" (it being understood that final legal descriptions for same shall be part of the "Survey" as defined in paragraph 2.1 hereof) (the "Real Estate"), to be conveyed by a Warranty Deed approved by Purchaser (the "Deed"), subject to the following terms and conditions: 1. Purchase Price. The purchase price for the Real Estate shall be ~ ~ and no/100 Dollars ~ (the "Purchase Price") to be paid as follows: 1.1 Earnest Money Deposit. Within five (5) ,s from the Acceptance Date Purchaser shall tender to Vendor and no/100 Dollars (the "Earnest Money"). The Earnest Money shall be held in the trust account of Henderson, Franklin, Starnes & Holt, P.A., 1715 Monroe Street, Fort Myers, Florida 33901 ("Escrow Agent"). The Earnest Money shall be placed in an interest-bearing account with a national bank. Interest earned shall be considered part of the Earnest Money. The Earnest Money shall be applied to the Purchase Price and shall be credited thereto at the time of closing. The Earnest Money shall be returned immediately to Purchaser if any condition or requirement as hereinafter set forth in this Contract is not satisfied, or waived by Purchaser, except as specifically hereinafter provided. Purchaser's only other remedy shall be the right of specific performance unless specific performance is unavailable because of Vendor's actions, in which case Purchaser shall be entitled to recover damages. The Earnest Money shall be forfeited as liquidated damages, which shall be Vendor's sole remedy at law or in equity, in the event that all conditions and requirem, ents of this Contract have been satisfied, or waived by Purchaser, and Purchaser shall fail or refuse to perform its obligations herein specified at closing. 1.2 Payment on ClOsing. On closing this transaction, Purchaser shall pay the Purchase Price, less the Earnest Money, credits and prorations as herein provided, in cash. OCT 0 9 2001 ?' 1.3 Acceptance Date. The date this offer is accepted by Vendor hereinafter is referred to as the "Acceptance Date". 2. Conditions of Offer. Vendor's and Purchaser's obligations hereunder are subject to the satisfaction of the following conditions. On or before the one hundred eightieth (180~) day following the Acceptance Date (the "Due Diligence Period") Purchaser shall notify Vendor in writing whether or not the following conditions have been satisfied as determined by Purchaser, in Purchaser's sole discretion, or such conditions shall be deemed waived, except for "Zoning, Permits and Development Approvals" as defined and provided for in paragraphs 2.5 and 7.1 hereof. If Purchaser fails to so notify Vendor during the Due Diligence Period that any condition, other than Zoning, Permits and Development Approvals in paragraph 2.5 hereof, has not been shtisfied or if Purchaser waives said. conditions, then the portion of the Earnest Money paid pursuant to paragraph 1.1 shal~l become non-refundable (but shall be applied to the Purchase Price and credited thereto' at time of closing), except in the event of Vendor's default under this Contract. I,n the event Purchaser notifies Vendor during the Due Diligence Period that any condition, other than Zoning, Permits and Development Approvals in paragraph 2.5, has not been satisfied, Purchaser may terminate this Contract or waive satisfaction of the condition. If Purchaser terminates this Contract, the Earnest Money shall be returned to Purchaser, and the parties · shall have no further rights or obligations hereunder. 2.1 Survey and Engineering Studies. Within ten (10) days from the Acceptance Date, Vendor, at Vendor's expense, shall furnish Purchaser with a copy of any survey in its possession relating to the Real Estate. :Thereafter, Purchaser, at ~ Pdrchas'ed's expense, may order a staked boundary survey meeting the Minimum Standards applicable to Florida land surveyors (the "Survey") of the Real Estate prepared by a registered land surveyor acceptable to Purchaser certified as of a current date, showing the location of all easements and rights-of-way located thereon and showing all utilities and building setback lines. The legal description of the Real Estate shown on the Survey shall be the legal description used in the Deed. The Survey shall certify that the Real Estate is not located in a special flood hazard area as established by the Federal Emergency Management Agency, National Flood Insurance Program. Purchaser, at Purchaser's expense, shall obtain such further engineering studies, topographical and wetlands studies, and such inspections and soil tests as Purchaser shall deem desirable (the "Engineering Studies") concerning the Real Estate, all of the results of which must be satisfactory to Purchaser. 2.2 Title and Easements. Within ten (10) days from the Acceptance Date, Vendor shall furnish Purchaser with an abstract of title or title instuance policy in its possession relating to the Real Estate. In the event Vendor does not have an abstract of title or title insurance policy in its possession, it shall notify Purchaser in writing within said ten (I0) day period and it shall be the Purchaser's obligation and expense to obtain a base of title. Thereafter, Purchaser, at Purchaser's expense, may order a binder for an ALTA owner's policy of title insurance (the "Title Binder") issued by Chicago Title Insurance Company ("Chicago Title") in which Chicago Title shall OCT 0 9 2001 agree to insure marketable title to the Real Estate (including any appurtenant easements necessary for the full utilization thereof), free and clear of all liens and encumbrances of any namm whatsoever for the full amount of the Purchase Price, after execution of the Deed to Purchaser from Vendor. Chicago Title shall furnish Purchaser with copies of all recorded documents shown on the Title Binder. 2.3 Contracts; Affidavits. Purchaser, within thirty (30) days after the Acceptance Date, shall receive, without anyexpense to Purchaser, from Vendor (a) copies of all contracts in force concerning the Real Estate or any portion thereof, as to the terms and conditions of which Vendor. is bound in any manner (collectively, the "Contracts"), with an affidavit of Vendor so stating and stating that the same are. true and complete, with further statements by'Vendor as to the stares of s ,a?e, existence of defaults, offsets, defenses or counterclaims, if any, and such other information as Purchaser may reasonably request, (b) written certification by Vendor of delinquent and current real and personal property taxes concerning the Real Estate, and (c) written certification by Vendor that no notice has been received from any governmental agency (that has not been fully satisfied, complied with or resolved) that any work is required to be done on the Real Estate; there are no claims or litigation pending that, if decided adversely to the owner of the Real Estate, would affect title or become a lien on the Real Estate. All of the foregoing Contracts and certificates, (i) must be in form and substance satisfactory to Purchaser, and (ii) if satisfactory to Purchaser shall be updated and recerfified as tree and correct by Vendor in form and substance satisfactory to Purchaser at time of closing. 2.4 Feasibili~ Studies. Pui-chaser, at Purchaser's expense, must be able to determine to the satisfaction of Purchaser that the Real Estate is suitable for Purchaser's contemplated use as a commercial self-storage facility and that financing and other conditions satisfactory to Purchaser exist or are favorable so as to make such use feasible in Purchaser's sole discretion. 2.5 Zoning, Permits and Development Apr)royals_. Purchaser, at Purchaser's expense, but with the full cooperation of Vendor, shall obtain such zoning, permits, signage, plan development, environmental use, wetlands mitigation plans, access, curb cuts and governmental approvals in form satisfactory to Purchaser and evidence satisfactory to Purchaser of the availabili~ and cost of all utilities and proposed road work and improvements to adjoining streets (including the timing of said improvements), which Purchaser deems necessar:l or appropriate for Purchaser's contemplated use of the Real Estate as a commercial self-storage facility (the "Zoning, Permits and Development Approvals"). 2.7 Environmental Inspection.. Purchaser shall obtain, at Purchaser's expense, an environmental inspection report as to the Real Estate in form and substance and from an engineering firm acceptable to Purchaser in its sole disc._r.et, io.n.. 3 From such report Purchaser must be able to determine to its satisfaction that: (a) the Real Estate is not in any way contaminated with any ha?ardous substances, hazardous wastes, contaminants or pollutants (as defined by any federal, state or local environmental law); (b) the Real Estate is not subject to any federal, state or local "superfund" or other environmental lien, proceedings, claim, liability or action, or thc threat or likelihood thereof, for thc clean-up, removal and remediafion of any ha?ardous substance, contaminant or pollutant from same; (e) there is no asbestos or polychlorinated biphenyl present on the Real Estate; (d) there is no underground storage tank on the Real Estate; (e) the Real Estate has not been used to dispose of any :hazardous substances or ha:,ardous wastes, toxic substances, pollutants or contaminants of any kind (as defined by an3~ federal, state or local environmental.- law, ordinance, rule or regulation); and (f) the Real Estate is not in violation of arty local, state or federal law, code, ordinance or r. egulation dealing with human hefilth or thc environment. 3. Taxes and Assessments. Purchaser assumes and agrees to pay all assessments for improvements as to the Real Estate becoming a lien after the date of closing and so much of the real estate taxes assessed for and becoming a lien as to the Real Estate during the calendar year in which closing occurs as shall be allocable to the Real Estate on or after the day of closing and Vendor shall pay the balance of such taxes. Such taxes shall be prorated through the day before closing based on the current year's tax with due allowance made for the maximum allowable discount. If closing occurs at a date when the current year's milage is not fixed and the current year's assessment is available, taxes will be prorated based upon such assessment and prior year's milage. If current year's assessment is not available, then taxes will be prorated on prior year's tax. All real estate taxes for the previous calendar year which are payable no later than March 31 of the calendar year in which closing occurs shall be paid by Vendor. Any such taxes prorated on an estimated basis shall be reprorated by the parties when and as the actual amount of such item becomes known. Any adjustment due to reproration shall be effected promptly after final determination for the amount of such item and demand by the party to whom the credit is due. Any real estate taxes not assumed by Purchaser and which are not due and payable at the time of closing shall be allowed to Purchaser as a credit on the cash payment required on closing. The provisions of this paragraph shall survive closing. 4. Rents, Insurance and Risk of Lo~q.q. Rents, if any, shall be prorated at closing. Insurance shall be cancelled as of the date of closing. Vendor shall bear risk of loss until closing. 5. Damage and Condemnation. If at any time after the Acceptance Date (a) the Real Estate shall be damaged or destroyed, (b) the Real Estate shall be condemned in whole or in part, or (e) any notice of condemnation shall be given, then Purchaser, at its sole option, may terminate this Contract or proceed with closing. If Purchaser elects to proceed with closing, then Purchaser may (a) apply the proceeds of any condemnation award or insuran_c_e 4 OCT O $ 2001 policy to reduce the Purchase Price, or (b) accept an assignment of such proceeds. If Purchaser elects to terminate this Contract, then notwithstanding any other provision of this Contract, the Earnest Money in its entirety shall be immediately refunded to Purchaser. 6. Right of Entry. Purchaser shall have the right to permit surveyors, engineers, soil testing companies and other agents to enter upon the Real Estate for the purpose of obtaining surveys, soil tests, inspection reports and other information. Purchaser, to the exclusion of all others, may place leasing and other signs on any portion of the Real Estate after the expiration of the initial due diligence period. I I I I ! I i I I I i 7. Closing and Possession. ' 7.1 Closing. If this offer is accepted as herein provided, the transaction shall be closed at a place acceptable to the parties in Naples, Florida. within one hundred ninety (190) days from the Acceptance Date; provided, however, that if Purchaser is diligently pursuing obtaining the Zoning, Permits and Development Approvals, as _demonstrated by reasonable evidence including Purchaser's application for such Permits and Approvals, but has not obtained same, in order to so obtain same Seller agrees to extend the Due Diligence Period under this Agreement, if requested by Purchaser, for two (2) additional periods, the first to be sixty (60) days (the "First Extension Period"), and the second to be thirty (30) days (the "Second Extension Period"), one extension period at a time, whereupon Purchaser shall deposit on or before the expiration of the Due Diligence Period or the First Extension Period, as applicable, with Escrow Agent for the benefit of Vendor, ~ and no/100 Dollars ~ for each of the extension periods. All of the foregoing deposits shall become part of the Earnest Money. If during the First Extension Period Purchaser fails to notify Vendor in writing that Purchaser is terminating this Contract (which it may do for any reason), then all of the Earnest Money shall become non-refundable (but shall be applied to the Purchase Price and credited thereto at time of closing); if Purchaser does so notify Vendor in writing of such termination, then the portion of the Earnest Money paid to obtain the First Extension Period shall be returned immediately to Purchaser. If during the Second Extension Period Purchaser fails to notify Vendor in writing that Purchaser is terminating this Contract (which it may do for any reason), then all of the Earnest Money shall become non-refundable (but shall be applied to the Purchase price and credited thereto at time of closing); if Purchaser does so notify Vendor in writing of such termination, then the portion of the Earnest Money paid to obtain the Second Extension Period shall be retu ,ned immediately to Purchaser. Closing shall take place within ten (10) days from the extension period last in force. Vendor shall not agree to or execute any agreements, approvals or consents whatsoever concerning the Real Estate or any portion thereof from the Acceptance Date to the time of closing except upon the written approval of Purchaser. At the date of closing, Vendor shall execute and deliver the Deed in recordable form OCT 0 9 2001 conveying the Real Estate and improvements constituting a part thereof in the same condition as they now are, ordinary wear and tear excepted, a Vendor's Affidavit in the form required by Chicago Title, a non-foreign affidavit pursuant to Section 1445 of the Internal Revenue Code, and any other inslxument as reasonably required or requested by Purchaser or Chicago Title. Documentary stamps on the Deed will be paid for by Vendor. Purchaser will pay the cost of recording the Deed, and Vendor will pay the costs of recording any necessary corrective title documents required by Chicago Title. Purchaser shall pay for the title insurance commitment. 7.2 Possession. Complete possession of the Real Estate shall be delivered to Purchaser at time of closing. · 8. Brokers. Vendor shall pay only the real estate finder's fees or commissions with respect to this transaction earned by Purchaser"s broker Craig D. Timmins of Grubb and Ellis IPC. Vendor warrants and represents that it has not contacted or d~alt with any other realtors or brokers related to this transaction. 9. Vendor Representations and Warranties. Vendor represents and warrants that as of the Acceptance Date: (I) Vendor has not caused and will not cause the release of hazardous substance, ha:,ardous waste, pollutant or contamination on the Real Estate, and (II) to the best of Vendor's knowledge, without having made any independent investigation (i) the Real Estate is not contaminated on the surfa, ge or subsurface wi~ any hazardous substance, hazardous waste, pollutant or contaminant r(as define~l by any federal, state or local environmental law, ordinance, rule or regulation); (ii) there has not occurred the release of any hazardous substance, hazardous waste, pollutant or contaminant on the Real Estate; (iii) the Real Estate is not subject to any federal, state or local "superfund" or other environmental lien, proceeding, claim, liability or action or the threat or likelihood thereof, for the clean-up, removal or remediation of any hazardous substance, hazardous waste, pollutant or contaminant from the Real Estate; (iv) there is no asbestos on the Real Estate; (v) there is no underground storage tank on the Real Estate: (vi) the Real Estate has not been used to dispose of any ha?ardous substances, hazardous wastes, toxic substances, pollutants or contaminants of any kind; (vii) the Real Estate is not in violation of any local, state or federal law, code, ordinance or regulation dealing with human health or the environment; (viii) the Real Estate has not been used for the purpose of, and them has been no surface or subsurface contamination due to, the generation, storage, disposal or treatment of any hazardous waste (as defined by any federal, state or local environmental law, ordinance, rule or regulation); (ix) in connection with the ownership or use of the Real Estate, there is not a present or past failure by any person to comply with any federal, state or local environmental law, ordinance, or any rules or regulations adopted pursuant thereto; (x) by OCT 0 9 2001 acquiring the Real Estate, Purchaser will not incur or be subjected to any "superftmd' liability for the clean-up, removal or remediation of any hazardous substance, pollutant or contaminant fi.om the Real Estate or any liability, cost or expense for the removal of asbestos or under~ound storage tanks from thc Real Estate. There is no litigation or claims pending or threatened against Vendor which would adversely affect the Real Estate or the fights of Purchaser hereunder. There is not pending against Vendor any petition in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors or any other action brought under the aforesaid laws. . J All of the foregoing representations in this paragraph 9 shall be considered to be true and correct as of the Acceptance Date and as of the time of closing heYeunder and shall survive the closing. Vendor shall indemnify, defend and hold harmless Purchaser from and against any and all claims, demands, liabilities, damages, suits, actions, judgments, fines, penalties, loss, cost and expense (including, without limitation, reasonable attorneys' fees) arising or resulting from, or suffered, sustained or incurred by Purchaser as a result (direct or indirect) of, the untruth or inaccuracy of any of the foregoing representations by Vendor to Purchaser as of the Acceptance Date and as of the time of the closing hereunder, which indemnity shall survive the closing hereunder. 10. Recording. This document shall not be recorded. Vendor and Purchaser shall enter into a written memorandum in recordable form setting forth the terms and conditions of this document, except for the Purchase Price, which may be recorded by Purchaser at its expense. The memorandum shall terminate at the end of the due diligence period and shall be extended through the Extension Periods and date of closing if said Extension Periods are exercised by Purchaser. The memorandum date shall be extended by Vendor's attorney recording an affidavit in the Public Records for Collier County, Florida. 11. Notices. All notices required under this Contract shall be deemed to be properly served if sent by registered or certified mail with remm receipt requested or by facsimile, provided an original of the required notice is sent via overnight mail with a responsible company specializing in overnight delivery the same day such facsimile is sent, to Vendor or Purchaser at the addresses as specified on the first.page of this Contract, or to such other addresses which Vendor or Purchaser may designate in writing delivered to the other party for such purpose. Date of service ora notice served by mail or via facsimile shall be the date on which such notice is deposited in a post office of the United States Postal Service or sent via facsimile. Time of the Essence. Time for the performance of the obligations of the 12. parties is of the essence of this Contract. 7 OCT 0 g 2001 I i I I i I I I ! I I I I I I 13. Assignment; Successor of Obligations. The fights and obligations of Purchaser under this Contract may be assigned to an entity controlled by George P. Broadbent. All terms of this Contract shall be binding upon the heirs, legatees, devisees, personal representatives and assignees of the parties. 14. Miscellaneous. This document including all attachments fully sets forth all agreements and understandings of the parties to this Contract with respect to the subject matter hereof. Whenever used herein, the singular shall indicate the plural, the plural shall include the singular, the plural and singular and any gender shall include all genders and the neuter. Captions to the provisions of this Contract are intended and used solely for purposes of identification and do not limit or enlarge upon the written provisions of this Confract. .. 15. Duration of Offer. This offer shall expire if written acceptance endorsed hereon is not delivered to Purchaser on or before 5:00 o'clock P.M.,4a~ '7, 2000. DATED: June Z~ , 2000 - X:~X:}SA72 ! 6Xassignmcnt page skinner, wpd THE SKINNER & BROADBENT DEVELOPMENT COMPANY, INC. ~y: ~~/~ Geor~P. Broadbent, President OCT 0 9 2001 ACCEPTANCE OF OFFER AND RECEIPT FOR EARNEST MONEY for Purchase of Real Estate. Dated: ,2000 FALLING WATF,. RS BEACH RESORT LTD. Harrison4tubschman, General Partner "Vendor" ;tames & Holt acknowledge receipt of the sum of~ and no/100 Dollars ,as the Earnest Money which shall be held by it in its trust account and either applied or forfeited according to the terms of the foregoing Contract for Purchase of Real Estate. Dated: I 0 .M., ,TO / ,2ooo / FRANKLIN, STARNES & HOLT By: Th~omas H.'13ufiderson "Escrow Agent" Exhibit "A*' Site Plan M:\TEMP,2a3~tench R~nrt L~d st Skinne~. Purchase Ag~ement- 6-23-00.wpd 1 0 OCT 0 9 2001 LEGAL DESCRIPTION PARCEL "A" A portion ofl~nd located in Section 3, Township $1 South, Range 26 Fast, Collier County, Florida being more pa.nicularly d¢~dbcd as follows: CommencLng al thc East ~ comer ofsald $e¢1'o I n 3_ Thence run South 00°41'3}" West 629.67 feet along the east llne off, id Section 3; Thence ~bn North 54~ 20'I 6;; ~?~s'~'~n a Eno 400 feet N'onh of and paxa.Llel with ~he North right, of-way line of Florida State Road xJ0;.(U.$. 41) for a distance of 608.25 feet to the East line ora Outfall Dra.~nag¢ Ea.scn'~nt az recorded ~ Record3 Book 83, Page 125 of the Public Records of Collier County, Florida; Thence continue North $4°20, 16" West 3:503.15 feet to the Poht of Beg~ Of the pm'cci of la. nd herdn described; Thence continue North 54*20'16" WeSt 239.00 fret to the Emt Right-of-Way line Slate Road 951 (100.00' Right-of-Way); The~:e North 35'40'08" East 220.00 R:=t along said E~t Right-of'-way l/ne; Thence South 54"20'16" East 239.00 feet; Thence South 35°40'08" West 220.00 feet ~o the Point of BcgL-ming. Loss and Bxccpt the Westerly 50.00 reef thereo[ Bearings arc b~ed on the East Right-of-Way line oFState Road 951 ~ being North 35040'08" East. '- E~I B.~nlns, PL:S OCT 0 2OOt txh~.t A~.~age lol LEGAL DESCRI'PTXON PA.R(~£L portion ot"Nnd located in Scction 3, Tov,'.,~ip 51 SoutN'P, ange 26 E~t, Colli~ County, ]~o6dn being more particularly de:sen'bed a~ fotlows: .- Commencing at the East ¼ comer of~dd Section 3; Theu:e 'run South 00°41'31" We, st 629.67. feet along the e=~t li~ of ~tid Section 3; Thence run North 54" 20'16" West on a ~ 400 feet North ofan8 paran¢l Wlm the Noe,.h right-of-way line of Florida State Road 90, (U.S. 41) for a dLstance o./r 608.25 ~t-t ~o tim F_~st lh~ ora O~11Dralnag¢ Ea~ment as recorded in Official Rccorcls Book 83, Page 125 of~e Public Records o£ Collier County, Florida; Thence continue North 54°20'16'' We~ 3742.15 f~ to the East .l~dght-of-Way line of State Road 951 (t00' Right-of-Way); Thetme North 35°40'08" Ea~ 32,0.00 l~t along aald East Right-of-Way ~ to tl~ Point ofBcgirmiag oftl~ parcel of land hervin d~n-ibed; Thence c, ontint~ North 35°40'08'' East 600.00 ~ along said Eaat Right-of-Way tlae; Thence South 54~20'16' East 239.00 fc~t; Thence South 35°40'08" Weal 600.00 fe~t; Thence North 54~20'16" We~t 239.00 feet Io the Point of Beg;nn[ng. Less and Excepl the Westerly 50,00/'eel thereof: Bearings are based on the East Right-of-Way tine of State Road 951 a~ being North 35040'08" East. Da;~... I3; ~.rtm.N, PLS Florida Certific. t¢ No. 4520 ^ugu~ 18, 1999 fvrb~4.1v~ Exhil ^GE.,T~A rr'~.M OCT 0 g 2001 r-il I I I ! ! I' ! I ! I ! ! Exhibit o z 2_o_o! OCT 0 9 2001 E~hibi A - P~§e ,4 of,4 Subject: Paul Martella [ampmnaplesi~Iyahoo.com] Thursday, August 02, 2001 9:28 AM chahrambadamtchian~311iergov.net Fwd: [Fwd: Fwd: Falling Waters...A must read~!!] > Collier County Government > Planning Services Dept. > 2800 N. Horseshoe Dr. > Naples, FL 34104 > > > Dear Planning Board: > Please regard this email as our disapproval of > the following TWO PUD > changes to the Planned Unit Development known as the > Falling Waters Beach > Resort: > > 1. Decreasing minimum front setback from 50 ft. to > 20 ft. > 2. Increasing sq. ft. from 49,000 to 73,000, for > PUDA-2001-AR-500 for > property located at the intersection of Collier > Boulevard (C.R.951) and U.S. > 41, in section 3 Township 51 South, Range 26 East, ---Collier County, Florida. ~ We feel that decreasing the setback will detract > from the ambience of our > entrance and with the influx of increased traffic it > will be a major concern > for an already congested and dangerous intersection > on Collier Boulevard. > We feel very strongly about this issue! Alice & Paul Martella 6730 Beach Resort Drive #15 Naples, Florida 34114 Do You Yahoo!? Make international calls for as low as $.04/minute with Yahoo! Messenger http://phonecard.yahoo.com/ AC~JgOA IT~ OCT 0 9 2001 To: Cc: Subject: Edward Calkins [ednclo~juno.com] Thursday, August 02, 2001 9:11 AM chahrambadamtchian@colliergov.net jandjstan~}aol.com; Bdcks6461~cs.com; Byronorig@aol.com PUDA-2001-AR-500 Chadsmail@aol.com; Salzepalz@aol.com; Mr. Chahram Baddamtchian Planning Services Dept. Collier County Govt. 2800 No. Horseshoe Dr. Naples , FL 34104 August 2 , 2001 Dear Mr Baddamtchian : Please accept this email as our strong disapproval of the proposed changes suggested in PUDA-2001-AR-500. In particular , there are two areas that really offend us : 1. Decreasing the minimum front setback from 50 feet to 20 feet ; and 2. Increasing the square footage from 49,000 to 73,000 We are very happy with our property at FALLING WATERS BEACH RESORT These proposed changes , in our opinion , would dramatically change : A. The beauty of our falling waters entrance ; B. The feeling of being "stuffed" between two self-storages ; C. The increase in traffic at a very congested and dangerous intersection ; and , D. Most probably , by effecting a substantial decrease in our property values-- all 400 + of us ' For these reasons , we strongly encourage you to deny the proposed changes Thank you for your consideration · Very truly yours , Edward & Clotilde Calkins 6700 Beach Resort Drive - #8 Naples , FL 34114 OCT 0 9 _001 30, 2oo Collier County Government Planning Services Dept. Dear Planning Board: Please regard this letter as our disapproval of the following two PUD changes to the Planned Unit Development known as Falling Waters Beach Resort: 1. We are totally in opposition to decrease minimum front setback from 50 ft. to 20 ft. for fear of obstructing our beautiful front view of our magnificent waterfalls which was a point made by the sales personnel when purchasing our condos. With this in mind, we would be the only residential community sandwiched between a commercial parcel which in turn lowers the value of "our" property. 2. Increasing the sq. ft. from 49,000 to 73,000, for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C.R. 951) and U.S. 41 in section 3 Township 51 South, Range 26 East, Collier County, Florida. Our objection to this proposal are as follows: a. At completion the Falling Waters Beach Resort will consist of 430 families with a possibility of 2 vehicles per household. b. Capital Storage proposes 800 storage units with 30% designated for commercial use. Has the DOT taken into consideration this tremendous increase in volume entering c_. and exiting Collier Blvd? Our entrance was designed to accommodate 430 families at completion. As per a survey taken in Bonita Daily News, the intersection of 951 and 41, which is approximately 1/10t~ mile from our entrance, has been rated one of the 5 most dangerous intersections in Collier County. Thank you for your consideration,. · Phasejoseph P Geoffroy, V~ce Pres~denII, Board of Directors Sandra A. Geoffroy, Treasurer of Phase II, Board of Directors 6650 Beach Resort Drive #2 Naples, FL 34114 (941) 732-7573 AC, T A OCT 0 2001 RECE!VED JUL ? 2001 Dear Sirs: This response is in reference to the PUD development at Falling Waters Beach Resort at $.R. 41 and CR 951 -No. PUDA-2001-AR500. First of all, we do not know how a commercial development in front of a private community ever got passed a zoning board in the fu'st place. We have not been able to f'md another one in Naples since we heard of this development. We are very much against any increases of building out more space towards the property lines or frontage set backs. Also, the height of any buildings should be kept to a minimum. If this project proceeds to move forward, the ambience of the road frontage should be made as attractive as the community it will be representing. We hope that the planning board and the county commissioners will think of this project with their own good tastes and feelings involved. Robert B. LaFortune AC, F.~A ITEM OCT 0 9 2001 l°Ld L~ - ~ ooi -Jl ,q ,go O ~-~' 6 OCT 0 9 2001 /kLD 13. CURRAN, tArc. LANDSCAPE CONTRACTOR & DESIGNER Sod Lawns · Walls · Patios · Wood Decks Sprinkler Systems * Retaining Wails · Foundation Planting AGE.N~A ITEM OCT O 9 2001 Massachusetts 01938 ° Telephone: (508) 356-1125 · Fax: (508) 356-8893 bada¢~chian_c : Subject: Relelmore@aol.com Wednesday, August 01, 2001 12:58 PM chahrambadamtchianlt~colliergov.net Falling Waters Beach Resort Dear Planning Board: Please regard this email as our disapproval of the following TWO PUD changes to the Planned Development known as the Falling Waters Beach Resort: 1. Decreasing the minimum setback from 50 to 20 feet. 2. Increasing square feet from 49,000 to 73,000 for ?UDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C.R. 951) and U>S> 41 in section 3 Township 51 South, Range 26 East, Collier County, Florida. We feel that decreasing the setback will detract from the an%biance of our entrance and with the influx of increased traffic, it will be a major safety concern for an already congested intersection on Collier Boulevard. Very truly yours, Roger S. Elmore Leah R. Elmore 6560 Beach Resort Drive Unit 7 Naples, FL 34114 OCT 0 9 2001 badamtchian_c Subject: Russ Anderson [roamsa~}yahoo.com] Wednesday, August 01, 2001 11:07 AM chahrambadamtchiani~colliergov.net PUD Changes August 2, 2001 Collier County Government Planning Services Department 2800 N. Horseshoe Drive Naples, FL 34104 Dear Planning Board: Please regard this email as our disapproval of the following TWO PUD changes to the Planned Unit Development known as the Falling Waters Beach Resort: 1. Decreasing minimum front setback from 50 feet to 20 feet. Increasing square feet from 49,000 to 7~,000 for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C. R. 951) and U.S. 41, in section 3 Township 51 South, Range 26 East, Collier County, Florida. We feel that decreasing the setback will detract from he ambience of our entrance and with the influx of increased traffic it will be a major concern for an already congested and dangerous intersection on Collier Boulevard. Russell O. Anderson Mildred S. Anderson 6710 Beach Resort Drive Naples, FL 34114 roamsa@yahoo.com #11 Do You Yahoo!? Make international calls for as low as $.04/minute with Yahoo! Messenger http://phonecard.yahoo.com/ OCT 0 9 2001 badamtchian_c }: Subject: FittChic7@aol.com Tuesday, July 31, 2001 9:25 PM FittChic7@aol.com; chahrambadamtchian@colliergov.net Protest of Falling Waters setback changes Collier County Government Planning Services Dept. 2800 N. Horseshoe Dr. Naples, FL , 34104 Dear Planning Board: Please regard this letter as our disapproval of the following TWO PUD changes to the Planned Unit Development known as Falling Waters Beach Resort: 1. Decreasing minimum front setback from 50 ft. to 20 ft. 2. Increasing sq. ft. from 49,000to 73,000, for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C>R>951) and U.S> 41, in section 3 Township 51 South, Range 26 East, Collier County, Florida. We feel that decreasing the setback will detract from the ambiance of our entrance and with the influx of increased traffic, it will be a major concern for an already congested and dangerous intersection on Collier Boulevard. S_~qned, 6 ~d Thady and Hartha Thady 650 Beach Resort Road Bldg. #9, Unit #3 Naples, Florida 34113 badarntchian_c Cc: Yurko2@aol.com Wednesday, August 01, 2001 8:27 AM Chahmmbadamlchian@colliergov.net BYRONORIG@aoI.com PUD CHANGES Planning Services Dept. As residents of FALLING WATERS BEACH RESORT my wife and I strongly opose any changes that would : #1. Decrease the minimum set back from 50FT. to 20FT. #2. Increase sq. footage from 49,00 to 73,000 for PUDA2001-ar-50 for the property located at the intersection of Collier Bld. [ CR 951 ] and US 41 Sec. 3 Township 51 south , range 26 east , Collier county ANY DECREASED SETBACK AND INCREASED SQ. FOOTAGE WILL MAKE THE ENTRANCE TO OUR HOME , COMMUNITY , DANGEROUS , ,CONJESTED , AND TAKE AWAY FROM THE APEARANCE WE NOW HAVE .... IT WILL LOWER OUR PROPERTY VALUES AND FOR US [ MAKE OUR COMMUNITY UNLIVABLE ]. WHEN WE PURCHASED HERE WE WERE ASSURED BY THE DEVELOPER AND COUNTY AUTHORITIES THAT THERE WOULD NOT BE ANY ZONING CHANGES THAT WOULD HAVE A NEGATIVE EFFECT OUR COMMUNITY. CAROLE YURKO RESORT DRIVE #1 FLORIDA 34114 JOSEPH AND 6690 BEACH NAPLES , OCT 0 9 2001 ,., badamtchian_c Cc: Subject: Lee Willson [Iwaw48~yahoo.com] Wednesday, August 01, 2001 8:43 AM chahrambadamtchian@colliergov.net rkkidd@naples.infi.net Setback Issues Good morning Chahram Baddamtchian, Our names are Lee and Anne Willson and since December 8th of 2000 reside at Falling Waters Beach Resort, Building 6770, Unit #14. We have been permanent residence of Naples, Florida since December 10th,2000. We both were initially ok with the original plans of the storage units that were going to be built on Rt 951 (Fifty Feet back and to the left of the entrance to Falling Waters) now we find out that the Storage units will be on both sides of the Falling Waters entrance and the right side units will actually use the Falling Waters entrance,also the units will be 30 Feet CLOSER TO RT 951 We both feel this situation is totally unacceptable because of #1 Safety issues both entering and especially leaving Falling Waters going onto Rt 951. 50% of the cars leaving Falling Waters go across to the speed lane in order to do a U-Turn approximately 200 yards up Rt 951 With the Storage units 30 ft closer to the road will impede the visibility of drivers leaving Falling Waters. I erstand the intersection of 41 and 951 is one of worst intersections IN THE COUNTRY for serious accidents and with the addition of these storage units being 20 ft from the road only increases the chances of additional accidents! furthermore, our thoughts when'we initially saw the 50 ft setback was that these units were somewhat hidden by the · foliage. This proposal about having these units only 20 Ft from the road tells us that these units will stand out like a SORE THUMB and certainly take away the naturalness and aesthetics of the Falling Waters entrance. In summary , we are totally against "1 changing the setback from 50 ft to 20 ft. and #2 having storage units on the right side of the Falling waters entrance(as you come into Falling Waters) and #3 having to share the entrance. Our E-Mail address is lwaw48@yahoo.com Do You Yahoo!? Make international calls for as low as $.04/minute with Yahoo! Messenger http://phonecard.yahoo.com/ OCT 0 2001 Erika Zybell 6650 Beach Resort Dr. Naples FI. 34114 July 23, 2001 Planning Setwices Depamnent 2800 North Horseshoe Drive Naples Fl. 34104 Att: Chahram Baddamtchian, In response to your letter dated July 13, 2001 1 Erika Zybell want to express my STRONG OPPOSITION to the proposed set back of the front yard from 50 ft. to 20 ft. on the property located at the intersection of Collier [C.R. 951] and U.S. 41, in Section 3, Township 51 South, Range 26 East Collier County, Florida.. Sincerely, OCT 0 9 2001 ~. ~_~- Page 1 of 1 From: jeffrey heintzman [jheintzman@sprint.ca] Sent: Thursday, August 02, 2001 12:03 AM To: chahrambadamtchian@colliergov.net Subject: Re:Commercial storage facilaty . . .. g~e~Sth4alt+ 951 next to Failing Waters OAse~ruSn~/mM~adn~,the. re.will be.a n.e_w_~t~a~nt~la~a~;cl~ietYwls°~tsedst that particular intersection is at the same Iocation.I also un(~ersu~nu the fifth most dangerous in all of Collier county. Being an owner of a condo in Falling Waters I do not think it prudent to be allowing such a facility to be located in such close quarters to Falling Waters as this would be a dangerously high volume of traffic in an already high volume intersection. Jeffrey Heintzman 6640 Beach Resort Drive, Naples OCT 0 9 2.001 08/02/2001 Page ! of ! badamtchian_c Fron~: Genejudy45@cs.cc.-n Sent: Wednesday, August 01, 2001 5:22 PM To: chahrambadamtchian@colliergov.net Cc: cscherry@liggett.com Subject: (no subject) Collier County Government Planning Services Dept. 2800 N. Horseshoe Dr. Naples, FL 34104 Dear Planning Board: Please regard this email as our disapproval of the following TWO PUD changes to the Planned Unit Development known as the Falling Waters Beach Resort: 1. Decreasing minimum front setback from 50 ff. to 20ft. 2. Increasing sq. ft. from 49,000 to 73,000, for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C.R.951) and U.S. 41, in section 3 Township 51 South, range 26 East, Collier County, Florida. We feel that decreasing the setback will detract from the ambiance of our entrance and with the influx of increased traffic it will be a major concern for an already congested and dangerous intersection on Collier Boulevard. Eugene B. and Judith A. Scherry 6670 Beach Resort Drive Suite/fA Naples, Florida 34114 08/02/2001 OCT 0 9 2001 RE C ',~ I :-._' ~ ~-) AU6 0 ~ 2001 ~ugustl, 2001 lVir. Chahram BaddanUchian - principal Planner Collier County Current Planning Section Developn~"~t Services Building 2800 North Horseshoe Drive East Naples, FL 34104 Re: Falling Waters Beach Resort pUDA.2001-AR-500 Dear Sir: We want to express our opposition to the proposed rezoning of the parcels the one and only entrance into our community. We object to #l - increasing the commercial sq. footage l~om 49,000 to 73,000 and #2 - decreasing the minimum fi.om yard setback from 50 R. to 20 it. We feel that decreasing the setback ~ detraeX from the ambiance of our entrance. Also, with the influx.Pf increased traffic, we believe it will be a major concern for an already congested and dangerous inters~. ,i9~. ' on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. 6r ~d lo~d on bom sides or ,; '¸5 Thank you, OCT 0 9 2001 AUG 0 3 2001 Collier County Government Dear Planning Board: Please regard this letter as our disapproval of the following two PUD changes to the Planned Unit Development known as Falling Waters Beach Resort: 1. Decreasing minimum front setback fi'om 50 ft. to 20 ft. 2. Increasing sq. ft. from 49,000 to 73,000, for PUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C.IL 951) and U.S. 41 in section 3 Township 51 South, Range 26 East, Collier County, Florida. Thank you for your consideration - OCT 0 9 2001 RECEIVED AUG 0 Z 2001 Collier County Government p~,,,,;,,g Se.~.,;~es Dept. Dear planning Board: Pleas~ regard this letter as our disapproval ofth~ following two PUD changes to tl~ Planned Unit Dcv¢lopmeat known as Falling Waters Be, a~h Resort: 1. Decreasing minimum front s~tbad~ from 50 ft. to 20 R. 2. Increasing sq. ft. from 49,000 to 73,000, for PUDA-200!-AR-500 for prol~rty locate~l at thc inters~tion o£Collicr Boulevard (C.R. 951) and U.S. 41 in section 3 Township $1 South, Range 26 East, Collier County, Florida. Thank you for your consideration- ~_ ~ l~. L.../ OCT 0 9 2001 Collier County Government Dear Plazming Board: ~ ~l~?'~, ~,;.-d th;,. ~.~.o,- as our disapproval of the ~ilowing two PUD changes to the ~.: ............ .... , ~, ~,~vu a~ ~'allin~.Wat~,s..Be~h Resort: Decreasing minimum fi.om setback from 50 ft. to 205. Increasing sq. 1~. from 49,000 to 73,000, for PUD~-~2~001-AR-500 for property located at the intersection orcoui= ~mv~u~ (c,..~. 951) ~ u.s. 41 in section 3 Township 51 Souih, Range 26 East, Collier County, Fl~rida. Thank you for your considcralion OCT 0 9 2001 RECEIVED AUG 0 L 2001 Collier County Government Dear Planning Board: Please regard this letter as our disapproval of the following two PUD changes to the Planned Unit Development known as Falling Waters Beach Resort: 1. Decreasing minimum fi:ont setback from 50 ft. to 20 ft. 2. Increasing sq. ft. fi.om 49,000 to 73,000, for pUDA-2001-AR-500 for property located at the intersection of Collier Boulevard (C.1L 951) and U.S. 41 in section 3 Township 51 South, Range 26 East, Collier County, Florida. Thank you for your consideration. OCT 0 9 2001 August 1, 2001 Mr. Chahram Baddamtchisn - Princip~, Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34104 Re: Falling Waters Beach Resort PUDA-2001-AR-500 Dear Sir: We want to express our opposition to the proposed rezoning of the parcels of land located on both sides of the one and only entrance into our community. We object to #l - increasing the commercial SCl. footage from 49,000 to 73,000 and #2 - decreasing the minimum front yard setback from 50 ft. to 20 ff. We feel that decreasing the setback will detract from the ambiance of our entrance. Also, with the influx of increased traffic, we believe it will be a major concern for an already congested and dangerous intersection on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. Thank you, OCT 0 g 20{)1 August 1, 2001 Mr. Chahram Baddamtchian - Principal Planner Collier County Curr~ Planning S~aion Development Services Building 2800 North Horseshoe Drive East Naples, FL 34104 Re: Falling Waters Beach Resort PUDA-20OI-AR-500 Dear Sir: We want to express our opposition to the proposed rezoning of the parcels of land located on both sides of the one and only entrance imo our community. We object to #1 - increasing the commercial sq. footage from 49,000 to 73,000 and #2 - decreasing the minimum fi-om yard setback from 50 ff. to 20 ft. We feel that decreasing the setback will detract from the ambiance of our entrance. Also, with the influx of increased traffic, we believe it will be a major concern for an already congested and dangerous intersection on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. Thank you, AG~.N~A ITEM OCT 0 9 2001 August l, 2001 Mr. Chahram Baddamtchian - Principal Planner Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34104 Re: Falling Waters Beach Resort PUDA-2001-AR-500 De~ Sir: We want to express our opposition to the proposed rezoning of the parcels of land located on both sides of the one and only entrance into our community. We object to #I - increasing the commercial sq. footage from 49,000 to 73,000 and #2 - decreasing the minimum front yard setback from 50 ft. to 20 ft. We feel that decreasing the setback will detract from the ambiance of our entrance. Also, with the influx of increased traffic, we believe it will be a major concern for an already congested and dangerous intersection on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. Thank you, OCT 0 2001 August 1, 2001 la sides of influx of ruction Mr. Chal~am B~l&umchi~n - Principal Planner Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34104 Re: Falling Waters Beach Resort PUDA-2001-AR-500 Dear Sir: We wish to express our thanks for the courtesy you extended during our visit We want to express our opposition to the proposed rezoning of the parcels of the one and only entrance into our community. We object to increasing the o to 73,000 and decreasing the minimum front yard setback from 50 ff. to 20 ff When all our residential units are complete, we will have close to 450 uriC. 2 cars. Approx. 675 resident cars will be entering and exiting many fir Jri: visitors (who will not expect cars cutting across the access lane in a pri'~ _.. repair personnel, UPS deliveries, etc., etc. This will create an extremely ha~,~ resident population. I can think of no other community that shares their entrar commercial establishment. This traffic flow doesn't look that bad on paper, bt the reality on a daily basis it will he a very dangerous situation. We hope you will take our concerns to the Planning Commission and they will Thank you. Ronald and C_senfldin~ Krisanda 6560 Beach Resort Dr. #3 Naples, FL 34114 200{ August 1, 2001 Mr. Chahram Baddamtchian - principal Planner Collier CounOJ Current planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34104 Re: Falling Waters Beach Resort PUDA-2001-AK-500 Dear Sir: We want to express our opposition to the proposed rezoning of the parcels of land located on both sides of the one and only emrance into our community. We object to #1 - increasing the commercial sq. footage fi.om 49,000 to 73,000 and #2 - decreasing the minimum front yard setback from 50 fr. to 20 ft. We feel that decreasing the setback will detract from the ambiance of our entrance..~dso, with the influx of increased traffic, we believe it will be a major concern for an already congested and dangerous intersection on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. OCT 0 2001 August l, 2001 Mr. Chahram Baddamtchian - Principal Planner Collier County Current Planning Section Development Sea. ices Building 2800 North Horseshoe Drive East Naples, FL 34104 Re: Failing Waters Beach Resort PUDA-2001-AR-500 Dear Sir: We want to express our opposition to the proposed rezoning of the parcels of land located on both sides of the one and only entrance into our community. We object to #1 - increasing the commercial sq. footage fi.om 49,000 to 73,000 and #2 - decreasing the minimum front yard setback fi.om 50 ft. to 20 ft. We feel that decreasing the setback will detract from the ambiance of our entrance. Also, with the influx of increased traffic, we believe it will be a major concern for an already congested and dangerous intersection on Collier Blvd. We trust the Planning Commission will take our concerns into consideration. OCT 0 9 2001 EXECUTIVE SUMMARY PUDA-2001-AR-702, MARGARET PERRY, AICP, OF WILSONMILLER, 1NC., REPRESENTING EAGLE CREEK PROPERTIES, INC., REQUESTING AN AMENDMENT TO THE EAGLE CREEK PUD }lAVING 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. OBJECTIVE: To have the Board of County Commissioners determine whether the requested PUD Amendment is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The Eagle Creek PUD is located in the southwest quadrant of the intersection of Collier Boulevard and Tamiami Trail East. The portion of the PUD that is the subject of this amendment is located in the southeast portion of the PUD adjacent to Tower Road and is approximately 1.35 acres. The subject property is currently zoned PUD. This petition seeks to amend the permitted uses in the Golf Course district of the Eagle Creek PUD. The "water and wastewater treatment facilities" use would be removed and a new use of "self storage facility and related accessory structures for the exclusive use of Eagle Creek residents" would be added. That is the only change proposed by the petitioner. Other changes were instituted by the County Attorney's Office to bring the PUD document into compliance with applicable codes. The Transportation Planning staff has reviewed the application. The proposed amendment will generate approximately 31 weekday trips. The current annual average daily trips (AADT) for the segment of Collier Boulevard adjacent to the project is 31,000 and the segment is operating above the accepted level of service (LOS) standard "D". Based on the analysis, the site-generated trips will not exceed the significance test standard (5 percent of the adopted level of service standard) on Collier Boulevard adjacent to the project. AG E N O~. JT, E~I No. .,,~' I?.~, OCT 0 9 2001 Pg. / The site is not accessible internally from the Eagle Creek PUD because of the configuration of the existing golf course. The question of interconnection was reviewed by Transportation Planning staff and was determined not to be required because of the isolation of the parcel. In addition, the property owner has no easement across the golf course to the internal roads of Eagle Creek. The petitioner states that a Site Development Plan has not been finalized, however, it is anticipated that the storage facility would be composed of four or five buildings of approximately 2,500 to 3,000 square feet each. The petitioner anticipates approximately 110 storage units of varying size and an outdoor storage area of approximately 2,500 square feet. When a Site Development Plan for the storage facility is submitted, landscape plans will be required which indicate a Type "B" buffer (15 feet in width, 80% opaque within one year and may include a hedge, wall, fence, berm or combination thereof, trees spaced 25 feet on center and, if a hedge is planted, it shall be 6 feet in height) adjacent to the golf course and a Type "A" buffer (10 feet in width with trees spaced 30 feet on center) adjacent to the Agricultural parcel. The storage facility shall be for the residents of Eagle Creek only. It is being proposed as an accessory to the residential development. Since this area is not eligible to rezone to commercial zoning, the facility shall not be open to the general public. If the petitioner, at some future time, proposes that the storage facility be open to the public, a Growth Management Plan amendment would be required. If that amendment were to be approved, the Eagle Creek PUD would have to be amended to remove the restriction that the storage facility is for the use of Eagle Creek residents only. FISCAL IMPACT: This PUD amendment by and of itself will have no fiscal impact on the County. However, if this request meets its objective, a portion of the existing land will be further developed. The mere fact that new development has been approved will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. The following impact fees will be applicable to this project: · Park Impact Fee: · Libraries Impact Fee: · Fire Impact Fee: $578.00 $180.52 $0.30 persquarefootunderroof AI~ENDA ITEM OCT 0 2001 · Road Impact Fee: · Correctional Facility: · Radon Impact Fee: · B.C.A.I. Impact Fee: · EMS Impact Fee: $239.00 per 1,000 square feet $0.0312 per square foot $0.005 per square foot under roof $0.005 per square foot under roof $13.00 per 1,000 square feet The total amount of impact fees for a 13,000 square foot facility is $8,470.12. 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. 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 currently designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 DU/A and associated accessory uses. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. Since, this subdistrict permits mixed-used developments such as Planned Unit Developments along with a variety of community facility uses, and since the proposed use is for the exclusive use of Eagle Creek residents it can reasonably be considered an accessory use to residential development, the proposed use may be deemed consistent with this subdistrict. The proposed use may be deemed consistent with the Future Land Use Element. AG EN~A.I,~EM NO. ;Y fY OCT 0 9 ~001 ENVIRONMENTAL ISSUES: There were no unusual environmental issues, since the site was previously developed. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition, since an Environmental Impact Statement ;vas not required because the site was previously developed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on July 19, 2001. Several Eagle Creek residents spoke in opposition to the amendment, stating that they believed the facility would become a commercial operation, that it would generate excessive traffic, and that the facility was not needed by the residents. Eight letters in opposition were also received, along with a phone call in opposition. After discussion, Commissioner Budd moved for approval of the amendment, seconded by Commissioner Priddy. The motion failed 3 to 4. The dissenting commissioners cited lack of internal access and the potential lack of homeowner interest in renting storage units as the reasons for voting against the petition. 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, the landscape buffering required by the Land Development Code, and the fact that the use is for residents of Eagle Creek only, staff recommends approval of Petition PUDA-2001-AR-702. AGEN~A~XEM No. ~[O OCT 0 9 200I PREPARED BY: FRED'RI~SCHL, AICP PRINCIPAL PLANNER DATE REVIEWED BY: SUSAN MuRRaY, AICP CURRENT PLANNING MANAGER DATE THOMA~ E. KUCK, PE INTERI~ PLAN~I~G SERVICES DIRECTOR T~NSPORTATION ~M~IST~TOR A~ROVED BY: ¢~'DEVELOPMENT & E~IRO~ENTAL SERVICES DIVISION DATE ADMINISTRATOR PUDA-2001-AR-702 Eagle Creek PUD Amendment 5 AGENDA IT E,I~ No. ,~ ii .. OCT 0 9 2001 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JUNE 19, 2001 PETITION: PUDA-2001-AR-702, EAGLE CREEK PUD OWNER/AGENT: Agent: Margaret Perry, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Owner: Eagle Creek Properties, Inc. 625 Eagle Creek Drive Naples, FL 34113 REQUESTED ACTION: This petition seeks to amend the permitted uses in the Golf Course district of the Eagle Creek PUD. The "water and wastewater treatment facilities" use would be removed and a new use of "self storage facility and related accessory structures for the exclusive use of Eagle Creek residents" would be added. GEOGRAPHIC LOCATION: The Eagle Creek PUD is located in the southwest comer of the intersection of Collier Boulevard (SR- 951) and Tamiami Trail East (US 41). The location of the proposed self-storage facility is in the southeast comer of the PUD, in the Tower Road vicinity. AG ENOA.,ITF.~¥ NO. ~ It OCT 0 9 2001 PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to amend the permitted uses in the Golf Course district of the Eagle Creek PUD. The "water and wastewater treatment facilities" use would be removed and a new use of "self storage facility and related accessory structures for the exclusive use of Eagle Creek residents" would be added. No other revisions are proposed. SURROUNDING LAND USE AND ZONING: Subject Parcel: Vacant; former site of wastewater treatment plant; zoned PUD Surrounding: North: Golf course; zoned PUD East: Agricultural land; zoned A South: Golf course; zoned PUD West: Golf course & stormwater management lake; zoned PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is currently designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 DU/A and associated accessory uses. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. Since, this subdistrict permits mixed-used developments such as Planned Unit Developments along with a variety of community facility uses, and since the proposed use is for the exclusive use of Eagle Creek residents it can reasonably be considered an accessory use to residential development, the proposed use may be deemed consistent with this subdistrict. The proposed use may be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no historic/archaeological survey and assessment is required. A~ENDA~TE.M OCT 0 9 2001 EVALUATION FOR ENVIRONMENTAL~ TRANSPORTATION AND INFRASTRUCTURE: The proposed impact of the PUD amendment 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 Eagle Creek PUD was initially served by an on-site water treatment plant. In 1999, Collier County sewer service became available to the development and the water treatment plant was no longer needed. The plant was dismantled according to State requirements. The proposed self-storage facility will function as an accessory to the existing Eagle Creek residential community. Since the facility is limited to the "exclusive use of Eagle Creek residents", the facility is not a commercial use. Transportation impacts will be minimal, since the facility will be primarily accessed as seasonal residents arrive and depart. The facility will have an entrance off Tower Road. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement (EIS) ~vas not required. An EIS was not required because the property was previously developed. STAFF RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUDA-2001-AR-702 to the Board of County Commissioners. OCT 0 9 7'001 PREPARED BY: F ,AICF PRINCIPAL PLANNER DATE REVIEWED BY: INTERIM CURRENT PLANNING MANAGER THOMAS E. KUCK, PE INTERIM PLANNING SERVICES DIRECTOR DATE DATE APPROVED BY: JOHN/~/I. DUNNUCK, III, DATE INTEI~IM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition Number PUDA-2001-AR-702 StaffReport for the July 19, 2001 CCPC meeting. CC~iER COUNT~_L~__,ING COMMISSION: JOYCIANNA J. RAU~['IO, CHAIRMAN g/admin/PUDA-2001-AR-70;U STAFF REPORT/fi. AGENDA ITEM No. J",q OCT 0 9 2001 REZONE FINDINGS PETITION PUDA-2001-AR-702 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: e 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: None 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 a developed PUD. The facility will be for the exclusive use of the residents of Eagle Creek. Con: None. Summary Findings: The proposed land use is consistent with the existing and future land use pattern in the area. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed change is for the existing golf course district of the PUD and will not create an isolated district. Con: Evaluation not applicable. AGENDA IIEM OCT 0 9 ZOO1 .g. /6> Summary Findings: The parcel will not result in an isolated district unrelated to adjacent and nearby districts because it is located within an existing district. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findings: The boundaries have been determined to be logically drawn during the original rezoning which created the district. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: Since Eagle Creek is now connected to County sewer; the xvater treatment plant is no longer required. The developer surveyed residents and determined that on-site storage for residents would be a desireable replacement for the plant. Con: None. Summary Findings: Changing conditions have resulted in the submittal of this amendment. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro A storage facility is a relatively benign use compared to a water treatment plant. Con: A storage facility will generate additional traffic; primarily as seasonal residents arrive and depart. Summary Findings: The storage facility may generate more traffic than the water treatment plant, but other impacts, such as odor and noise will be reduced. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because AGENDA ITEM NO. ~ OCT 0 9 2001 10. 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 fronts directly on a Tower Road, a public road thereby providing an immediate access to the site. Con: (i) A storage facility will generate additional traffic; primarily as seasonal residents arrive and depart. 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. 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 amendment will replace one facility with another. 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 storage facility will be required to meet the required yards of the Eagle Creek PUD 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 Eagle Creek PUD and were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; 3 OCT 0 9 2001 11. 12. 13. Pro: This amendment will remove the use of water treatment plants within the PUD, which may positively affect property values. Con: A storage facility will be a more intense use than leaving the property vacant.. 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 is given a new accessory use may or may not affect value. 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 with 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. 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. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summary Findines: The subject property has been developed in accordance with the existing PUD, however a water treatment plant is no longer required. Eagle Creek residents now desire a storage facility in its place. OCT 0 9 2001 14. 15. 16. 17. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the GMP. Con: Evaluation not applicable. Summary Findines: The storage facility will be an accessory to the residential dwelling units in the PUD, not a commercial facility, therefore it is not out of scale with the neighborhood or the County. 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 which are zoned to accommodate the proposed storage facility. 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. In addition, the proposed use is an accessory to residential development, not a commercial project. 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 property was previously developed with a water treatment plant which has been removed according to State requirements. 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. OCT 0 9 001 WilsdnMiller New Directions In Planning, Design & Engineering April 12, 2001 PUDA-2001-AR-702 Eagle Creek PUD Project # 1999021 DATE: 4/20/01 Mr. Fred Reischl Project Planner Collier County Development Services Department 2800 North Horseshoe Drive Naples, FL 34105 Re: Eagle Creek PUD Amendment Dear Mr. Reischl: Enclosed are seventeen copies of an Application for Public Hearing for a minor PUD Amendment for Eagle Creek. Also included is a check in the amount of $1,525 to cover the cost of processing this amendment. Section IV of the PUD document, with language changes noted in cross through and underline, is made part of this application, as this is the only portion of the PUD which we are proposing to change. If and when required, we will provide the entire PUD document. The Eagle Creek PUD was approved by the Board of County Commissioners in October of 1985. An amendment to the PUD was approved on December 10, 1996. Section IV of the PUD outlines the regulations relative to areas designated as "Golf Course" on the master plan. Essential services, including on-site water and wastewater treatment facilities, are a permitted use within this designation. A sewage treatment facility was constructed on the subject site in 1986. (Please refer to Exhibit "B" of the Application for Public Hearing for the location.) In October of 1999, Collier County sewer service became available to the project. The sewage treatment facility is therefore no longer needed for the project. The facility is currently being dismantled and is expected to be totally cleared by the end of April. After receiving requests from its residents, Eagle Creek Properties surveyed its residents in February, 2000 regarding the interest in an on-site storage facility. Results of the survey indicated the residents' strong desire for such a storage facility. The developer of the project is attempting to satisfy the needs of its residents by requesting an amendment to the PUD to allow for self storage units at this location. The proposed facility will be owned, operated, and maintained by Eagle Creek Properties and will be for the exclusive use of residents of Eagle Creek. The proposed PUD Amendment offers positive benefits to the residents of Eagle Creek, while causing no detriment to the surrounding area or the community in general. Should you have any questions or need additional information, please feel free to contact me. Sincerely, Fort Myers Sarasota 3200 Bailey Lane, Suite 200 Nap/es, Florida 34105-8507 Bradenton Tampa 941-649-4040 ~ 941-643-5716 vcww. wilsonmil/er, corn AG E N O,~IT~.M NO. OCT 0 9 2001 PUDA-2001-AR-702 Eagle Creek PUD PETITIOI Project # 19990218 DATE: 4/20/01 APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) Eagle Creek Properties, Inc. Applicant's Mailing Address City Naples 625 Eagle Creek Drive State FL Zip 34113 Applicant's Telephone Number: 941-775-2227 Is the applicant the owner of the subject property? Yes [~ No (a) If applicant is a land trust, so indicate and name beneficiaries below. x Co) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. David J. Amico, President/CEO; John Hash, Vice President; Hanspeter Schwager, Treasurer/CFO 2. Name of Agent Margaret Perry, AICP Firm WilsonMiller, Inc. Agent's Mailing Address 3200 Bailey Lane, Suite 200 City Naples State FL Zip 34 Agent's Telephone Number: (941) 649-4040 PUD Ordinance and Number: Eagle Creek PUD, Ordinance #85-52 (Previously amended by Ordinance #'s //96-79 ) Detailed legal description of the property covered by the application (if space is inadequate, attach on separate page; if request involves change to more than one zoning district, include separate legal description for property involved in each district; if property is odd-shaped, submit five (5) copies of survey; 1" to 400' scale). The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification shall be required. Section. 3 Township 51South Range 26East Please see attached Exhibit "A." o Address or location of subject property: 401 Tower Road (approximately lA mile east of Collier Boulevard). Please see attached Exhibit "B." Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) No 7. Type of Amendment: X A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Language Amendment 8. Does amendment comply with the comprehensive plan: [~ Yes [~ No If no, explain: Has a public hearing been held on this property within the last year? If so, in whose name? No Petition Number: Date: OCT 0 9 2001 10. Has any portion of the PUD been __ sold and/or changes proposed for the area sold and/or developed? additional sheets if necessary.) X developed? Are any If yes, describe. (Attach No changes are proposed for the developed areas. AFFIDAVIT I, David J. Amico, President/CEO, Eagle Creek Properties, Inc. , being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. Sig ~n~'re of'Oy~ner DaSd J. Am~o,/ Sig~am~ of Agent Margaret Per~, AI~ STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me this 20~L, by '--, ~oo._~. ~-_~-'~_.~vC, x- me or who has produced take an oath. day offs, .' ,\ , , who is personally known to as identification and who did (did not) (Signature of Notary Public) AGENDAz~TF--~ NO. 4' I_' ~ OCT 0 9 2001 EXHIBIT "A" WILSON, MILLER, BARTON, SOLL & PEEK, INC. PROFESSIONAL ENGINEERS. PLANNERS AND LAND SURVEYORS Description of part of "Golf Course East" of "EAGLE CREEK COUNTRY CLUB", (P.B. 14, pages 1-5), Collier County, Florida. (Sewage Treatment Site) All that part of the "GOLF COURSE EAST" parcel of the "EAGLE CREEK COUNTRY CLUB" Tract Maps as recorded in Plat Book 14, pages 1 through 5 inclusive, Collier County Public Records, Collier County, Florida being described as follows: Commencing at the Southeast Corner of Section 4, Township 51 South, Range 26 East, Collier County, Florida; thence along the east line of said Section 4, North 0"-27'-44" East 280.03 feet; thence North 89°-32'-16" West 32.00 feet to the POINT OF BEGINNING of the Sewage Treatment Site herein described; thence North 89"-32'-16" West 92.00 feet; thence North 44"-32'-16" West 55.15 feet; thence North 0°-27'-44" East 191.03 feet; themce North 24°-04'-44" East 119.81 feet; thence North 0°-27'-44" East 75.00 feet; thence North 29"-01'-44" East 125.48 feet; thence South 89°-32'-16" East 35.00 feet to a point on that line which lies 20.00 feet west of (as measured at right angles to) and parallel with the East line of said Section 4; thence parallel with the East line of said Section 4, South 0"-27'-44" West 435.02 feet; thence South 13"-57'-44" West 51.40 feet; thence South 0°-27'-44" West 40.00 feet to the Point of Beginning; being a part of the Southeast 1/4 of Section 4, Township 51 South, Range 26 East, Collier County, Florida; and being a part of the "GOLF COURSE EAST" parcel as shown on the Tract Map of "EAGLE CREEK COUNTRY CLUB" as recorded in Plat Book 14, pages 1 through 5 inclusive, Collier County Public Record, Collier County, Florida; subject to easemests and restrictions of record; containing 1.35 Acres more or less; the bearings used herein are based on said "EAGLE CREEK COUNTRY CLUB" and are true. WILSON, MILLER, BARTON, SOLL & PEEK, INC. Reg. Engineers and Land Surveyors DATE Not valid unless embossed with the Professional's seal. AGENDA IT~ No. ~ (' -- W.O. 25326 Ref: 5J-45 43 - 115 (D-264, 22 of 26) (CHS:lr sewage) 00T 0 9 2001 EXHIBIT "B" LAND'S END PRESERVE PUD u~REEK ] PFIOJECT I LOCATIONI TOWER ROAD KOA CAMP- GROUNDS TT- RVC PU"c" I . RIVERBEND PUD A (PU"i") C-..3 C-3 C-3 NORTH o 250 500 lOOO SCALE: 1":500' P~o~;c~: Eogle Creek PUD Amendment Eagle Creek Properties, Inc. WilsdnMiller · Planners · Er~neers · Ecotcgbts . Surveyors · Landscape Architects · Transportat~°~ Consultants WilsonMiller, /nc. Nap¢es · ~ Myera . Saresota · Brad-~nton . Tampa 3200 BaJey Lane, Suile 200. Naples, Ftorida 34t05-8507. Phone 941-649'-4040. Fa~ ~41-643-571~ · Web-S#e wwww~soc~'~er, com SECTION IV GOLF COURSE 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on the PUD Master Plan, as Golf Course, to include Tracts "GC East", "GC West", "CH" and 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses in Tracts "GC East", GC West" and "CH". 1) Golf Course 2) Clubhouses, pro-shop, practice driving range and other customary accessory uses of golf courses. 3) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course, subject to the provisions of the applicable supplementary regulations of the Zoning Ordinance, or its successor provision. 4) Signs as permitted by the Collier County Zoning Ordinance, or its successor provision in effect at the time permits are requested. 5) A maximum of two (2) residential units in conjunction with the operation of the golf course as determined to be compatible with the adjacent uses as determined by the Administrator. 6) Golf Course maintenance. 7) Words underlined are additions; words struck tbxc'agh are deletions. 4111/01- W~#92833 vi - Eagle Creek PUD (Amendment 200 I) 4-1 I-OI I g-PUD FILE fa:i!ities Self storage facility and related accesso~ structures for the exclusive use of Eagle Creek residents. AG ENDA~T~M NO. ~t · ~ OCT 0 9 2001 Bo 1) Water ManagemenffLakes. Permitted Uses in Tract H. 1) Golf Course driving range 2) Any residential use permitted under Section III of this document. 3) Signs as permitted by the Collier County Zoning Ordinance, or its successor provision in effect at the time permits are requested. Words underlined are additions; words struck through are deletions. 4/1 I/0D W-#92833 vi - Eagle Creek pUD (Amendment 2001) 1-0118-PUD FILE 4-2 AG EN DA~.IT~M No. .~ ~' OCT 0 9 001 WilsdnMiller New Directions In Planning, Design & Engineering April12,2001 PUDA-2001 -AR-702 Eagle Creek PUD Project # 19990218 DATE: 4/20/01 Mr. Fred Reischl Project Planner Collier County Development Services Department 2800 North Horseshoe Drive Naples, FL 34105 Re: Eagle Creek PUD Amendment Dear Mr. Reischl: Enclosed are seventeen copies of an Application for Public Hearing for a minor PUD Amendment for Eagle Creek. Also included is a check in the amount of $1,525 to cover the cost of processing this amendment. Section IV of the PUD document, with language changes noted in cross through and underline, is made part of this application, as this is the only portion of the PUD which we are proposing to change. If and when required, we will provide the entire PUD document. The Eagle Creek PUD was approved by the Board of County Commissioners in October of 1985. An amendment to the PUD was approved on December 10, 1996. Section IV of the PUD outlines the regulations relative to areas designated as "Golf Course" on the master plan. Essential services, including on-site water and wastewater treatment facilities, are a permitted use within this designation. A sewage treatment facility was constructed on the subject site in 1986. (Please refer to Exhibit "B" of the Application for Public Hearing for the location.) In October of 1999, Collier County sewer service became available to the project. The sewage treatment facility is therefore no longer needed for the project. The facility is currently being dismantled and is expected to be totally cleared by the end of April. After receiving requests from its residents, Eagle Creek Properties surveyed its residents in February, 2000 regarding the interest in an on-site storage facility. Results of the survey indicated the residents' strong desire for such a storage facility. The developer of the project is attempting to satisfy the needs of its residents by requesting an amendment to the PUD to allow for self storage units at this location. The proposed facility will be owned, operated, and maintained by Eagle Creek Properties and will be for the exclusive use of residents of Eagle Creek. The proposed PUD Amendment offers positive benefits to the residents of Eagle Creek, while causing no detriment to the surrounding area or the community in general. Should you have any questions or need additional information, please feel fr~ Sincerely, Wi!~onMillerc' I~c. _z~ ,,7- /2. ,-' Marg' aret Perry, AICP// -" Planner ,,/ Naples AGENDA No. OCT 0 9 Z001 Fort Myers Sarasota Bradenton Tampa 3200 Ba/Tey Lane, Suite 200 Nap/es, F/or/da 34105-8507 941-649-4040 ~ 941-643-571~ wv~v. wilsonmil/er. Wd$onMtlter lnc -- FL Dc · LC-CO00I TO CA 43 contact me. PUDA-2001 -AR-702 Eagle Creek PUD PETITION ! Project # 19990218 DATE: 4/20/01 APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) Applicant's Mailing Address City Naples Eagle Creek Properties, Inc. 625 Eagle Creek Drive State FL Zip 34113 Applicant's Telephone Number: 941-775-2227 Is the applicant the owner of the subject property? Yes [--'] No (a) If applicant is a land trust, so indicate and name beneficiaries below. x Co) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited parmership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. David J. Amico, President/CEO; John Hash, Vice President; Hanspeter Schwager, Treasurer/CFO ~- Name of Agent Firm Agent's Mailing Address Margaret Perry, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 OCT 0 9 7001 City Naples Agent's Telephone Number: State FL (941) 6494040 Zip PUD Ordinance and Number: Eagle Creek PUD, Ordinance #85-52 (Previously amended by Ordinance #'s g96-79 ) Detailed legal description of the property covered by the application (if space is inadequate, attach on separate page; if request involves change to more than one zoning district, include separate legal description for property involved in each district; if property is odd-shaped, submit five (5) copies of survey; 1" to 400' scale). The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification shall be required. Section 3 Township 51 South Range 26 East Please see attached Exhibit "A." Address or location of subject property: 401 Tower Road (approximately tA mile east of Collier Boulevard). Please see attached Exhibit "B." Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page.) No Type of Amendment: X A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Language Amendment 8. Does amendment comply with the comprehensive plan: [~ Yes [~] No If no, explain: Has a public hearing been held on this property within the last year? name? No Petition Number: AGENDA ~e: No. OCT 0 9 2001 If so, in whose 10. Has any portion of the PUD been __ changes proposed for the area sold additional sheets if necessary.) sold and/or X developed? Are any' and/or developed? If yes, describe. (Attach No changes are proposed for the developed areas. AFFIDAVIT I, David J. Amico, President/CEO, Eagle Creek Properties, Inc. , being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me this \ \ day of ,.~-' ,\ , 200_L, by ' ~'--'~"~,~. c~-5~--3avC~C c2,_ , who is personally known to me or who has produced as identification and who did (did not) take an oath. (Signature of Notary Public) AGENDA IT E,I~t No. FF' /I OCT 0 9 2001 EXHIBIT "A" O WILSON, MILLER, BARTON, SOLL & PEEK, INC. ~ .~,.- PROFESSIONAL ENGINEERS. PLANNERS AND LAND SURVEYORS Description of part of "Golf Course East" of "EAGLE CREEK COUNTRY CLUB", (P.B. 14, pages 1-5), Collier County, Florida. (Sewage Treatment Site) All that part of the "GOLF COURSE EAST" parcel of the "EAGLE CREEK COUNTRY CLUB" Tract Maps as recorded in Plat Book 14, pages 1 through 5 inclusive, Collier County Public Records, Collier County, Florida being described as follows: Commencing at the Southeast Corner of Section 4, Township 51 South, Range 26 East, Collier County, Florida; thence along the east line of said Section 4, North 0"-27'-44" East 280.05 feet; thence North 89"-32'-16" West 32.00 feet to the POINT OF BEGINNING of the Sewage Treatment Site herein described; thence North 89"-32'-16" West 92.00 feet; thence North 44"-32'-16" West 55.15 feet; thence North 0"-27'-44" East 191.03 feet; thence North 24"-04'-44" East 119.81 feet; thence North 0"-27'-44" East 75.00 feet; thence North 29"-01'-44" East 125.48 feet; thence South 89"-32'-16" East 35.00 feet to a point on that line which lies 20.00 feet west of (as measured at right angles to) and parallel with the East line of said Section 4; thence parallel with the East line of said Section 4, South 0"-27'-44" West 435.02 feet; thence South 13"-57'-44" West 51.40 feet; thence South 0"-27'-44" West 40.00 feet to the Point of Beginning; being a part of the Southeast 1/4 of Section 4, Township 51 South, Range 26 East, Collier County, Florida; and being a part of the "GOLF COURSE EAST" parcel as shown on the Tract Map of "EAGLE CREEK COUNTRY CLUB" as recorded in Plat Book 14, pages 1 through 5 inclusive, Collier County Public Record, Collier County, Florida; subject to easements and restrictions of record; containing 1.35 Acres more or less; the bearings used herein are based on said "EAGLE CREEK COUNTRY CLUB" and are true. WILSON, MILLER, BARTON, SOLL & PEEK, INC. Reg. Engineers and Land Surveyors BY ~_~-~ DATE Carl H. ~~ Not valid unless embossed with the Professional's AG E N DAJ.,TI~4 No. /~ t' ~ W.O. 25326 -- Ref: 5J-45 (D-264, 22 of 26) (CHS:lr sewage) OCT 0 9 2001 EXHIBIT "B" -~ REEK 0 250 500 ~O~IH 8G~k[' 1"=500' Mcr 29 2001 09:40:04 OPLACE{X:~PIoSO118X, 04~01180~01 dwa -- AGENDAITE~ ¢~O;EC~: Eagle Creek PUD Amendment tNT: Eagle Creek Properties, Inc. ~j. 0 9 ~0 11 SECTION IV GOLF COURSE 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on the PUD Master Plan, as Golf Course, to include Tracts "GC East", "GC West", "CH" and 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses in Tracts "GC East", GC West" and "CH". 1) Golf Course 2) Clubhouses, pro-shop, practice driving range and other customary accessory uses of golf courses. 3) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course, subject to the provisions of the applicable supplementary regulations of the Zoning Ordinance, or its successor provision. 4) Signs as permitted by the Collier County Zoning Ordinance, or its successor provision in effect at the time permits are requested. 5) A maximum of two (2) residential units in conjunction with the operation of the golf course as determined to be compatible with the adjacent uses as determined by the Administrator. 6) Golf Course maintenance. fac'~!ities Self storage facility and related accessory structures for the exclusive use of Eagle Creek residents. AGENDA I~M No. tre deleti0n .s~--- Words underlined are additions; words o,,,,ov ,~ ..... h 4/I Il01- W-~2833 vi - Eagle Cree:k PUD (Amendment 2001) 4-1 1-0118-PUD FILE OCT 0 9 7001 1) Water Management/Lakes. B. Permitted Uses in Tract H. 1) Golf Course driving range 2) Any residential use permitted under Section III of this document. 3) Signs as permitted by the Collier County Zoning Ordinance, or its successor provision in effect at the time permits are requested. Words underlined are additions; words struck tbzough are deletions. 4/I 1/01- W4~92833 vi - Eagle Creek PUD (Amendment 2001) 1-0118-PUD FILE 4-2 AGENDAtTEM NO. ~ [¢ . OCT 0 9 2001 Dennis and Mary Mudd 503 Eagle Creek Drive Naples, Florida 34113 JUL July 15, 2001 Collier County Government Collier County Current Planning Section Development Services Building 2800 N. Horseshoe Drive East Naples, FL 34104 Dear Planning Section: As an owner of property within the Eagle Creek Country Club Planned Unit Development community, we are opposed to the request of PUDA-Z001-AR-702, Margaret Perry, AICP of Wilson Miller, Inc. to amend the Eagle Creek PUD to allow seW-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, County Collier, Florida, consisting of 298+ acres. The vast majority of residents in Eagle Creek Country Club are seasonal residents who are not in need of such additional storage. For those who do desire or have a need for additional storage, there is already a self-storage firm located on U.S. 41 within a few miles of Eagle Creek. We have concern that this effort by the petitioners are being made when at least 85% of the property owners are absent, unable to personally appear. We strongly oppose any such amendment to the Eagle Creek PUD. We do not believe it is needed and might well sit predominately vacant, creating a potential "eye-sore" to the community. If there are any questions, please do not hesitate to contact us. S' ly, Summer Address: 4555 Regency Drive Libertyville, IL 60048 Phone: (847) 247-9173 AGENDA ITF~vl OCT 0 9 2001 THOMAS C. OCHELTREE, M.D. 9 'rAMI COUR~r ' E~LOOMI~IGTON, ILLINOIS 61701 Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34104 Dear Sir/Madame. This letter is written to object to the changes to the PUD document of Eagle Creek to allow for self-storage facilities. They are unnecessary for the development and will not fulfill the intended use of the property. They will not belong to the owners of Eagle Creek and are not an intended use of the land. Sincerely Thomas Ocheltree 141 Cypress View Dr Naples, FL 34113 Lawrence Smilgius 733 Eagle Creek Drive Naples, FL 34113 July 17, 2001 Mr. Fred Reisehl, AICP Planning Service Department Collier County Government Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, FL. 34104 REF: Eagle Creek PUD PUDA-2001-AR-702 Dear Mr. Reisehl: 1 am in rcc¢ipt of your Notice Letter of June 29, 2001, and I wish to express my opposition to the proposal to allow self storage facilities and related accessory structures on the property know as 401 Tower Road. This objection is based upon the following: 1. The Owners of the residential units at Eagle Creek have not expressed a desire for this type of facility; therefore it will not be for tim exclusive use of the residents of Eagle Creek. 2. The Developer has not surveyed nor communicated with the property owners as to their opinion relative to this project. 3. In the event that the County should approve the project there will be very little demand for said project from the homeowners and in turn the developer or his assigns will be seeking, from the County, permission to extend the services to the general public. 4. The Developer continues to have the controlling votes on the Board of Directors of the following Eagle Creek Associations: a. Eagle Creek Villa Home Assn. b. Eagle Creek Estate Assoc. c. Stonegate Villa ~ ~.agle Creek Assoc. d. Waterford Place (~ Eagle Creek and e. The Master Association, Eagle Creek Community Association. The voting control of these Associations allows the Developer to allege that he speaks for the ownership of Eagle Creek when in fact he does not. The only Association that the Developer does not have voting control has voted overwhelmingly against the project. Since this project is part of the Eagle Creek PUD and is required to be for the exclusive use of the Eagle Creek community, the developer should be required to poll, in writing, the 400+ homeowners at Eagle Creek, prior to the Board considering this project. /3~e ek Drive July 9, 2001 Fred Reischl, AICP Principal Planner Collier County Government Planning Services Department 2800 North Horseshoe Drive Naples, FL 34104 Dear Mr. Reischl: I am respondin~ to your letter of June 29, 2001 regarding the Eagle Creek Country Club Planned Unit Development community. We own property within 300 feet of the boundary. We along with many others within the Holiday Manor Community have invested much time and money to improve our property as well as the whole Holiday Manor complex. We would prefer not to have storage facilities, etc. next to our property, however, if this is inevitable, we would like to have a large wooded area (maybe 50 to 100 feet) left between the facilities and Holiday Manor. We are on a quiet dead end street currently and would like to keep it that way. A section of wooded area or a large wall would keep us away from the traffic and noise from the new facility. We are in Ohio for the summer and are unable to be there for the meeting or to review the plan. I have talked to some of the other residents on Willow Lane and they have the same feeling as i do. For some reason they did not receive a letter. Please consider this letter when you are making your decisions. If you need to talk with me my phone number in Ohio is (614) 855-1605. Sincerely, David Fleischer Owner 173 Willow Lane, Holiday Manor AGENp//,~TEM NO. ~ OCT 0 9 2001 July 9, 2001 Collier County Government Community Development and Environmental Services Div. Planning Services Dept. 2800 North Horseshoe Drive Naples, FL 34104 Re: PUDA-200 I-AR-702 Gentlemen: My wife, Marilyn and I are residents of Eagle Creek Country Club and have been since 1991. We reside at 154 Cypress View Drive. The purpose of this letter is to strongly object to the proposed amendment to the Eagle Creek PUD that would allow Eagle Creek Properties to construct "for hire" self storage facilities and related structures within the Eagle Creek property confines. There is nothing about this proposed amendment that makes any sense. The storage is supposedly only for Eagle Creek residents. How will this be controlled and what are the consequences of a violation? The location is only accessible through the same gate off Tower Road that services the Eagle Creek golf course maintenance building and the Eagle Creek homeowner's grounds maintenance facility. This creates safety problems due to the movement of large equipment and conflicts with traffic to the storage facilities. Security problems are also created because of the 24-hour access required to the storage facilities. When we selected the upscale community of Eagle Creek to make a significant investment, we did not expect to be forced to view "for hire" storage facilities from the golf course, nor did we expect to be concerned that Eagle Creek Properties would be allowed to build anything they pleased just because they have a small land-locked parcel that they can't think of anything else to do with. We hope the Planning Services Department utilizes good judgment and rejects this amendment. It makes no sense and the vast majority of Eagle Creek residents doesn't want it or need it since there are already self-storage facilities near by. Alan and Marilyn Green AGENDA IT,EM No. ~ {~ OCT 0 9 2001 JUL 1 3 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION PLANNING SERVICES DEPARTMENT 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 June 29, 2001 Dear Property Owner: This is to advise you that because you own property within the Eagle Creek Country Club Planned Unit Development community or within 300 feet of the boundary of the Eagle Creek Country Club PUD, we are notifying you of a public hearing to be held by the Collier County planning Commission of Collier County, Florida, at 8:30 A.M., Thursday, July 19, 2001, in the Board of County Commissioners Meeting Room, Admimstration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida, to consider: PUDA-2001-AR-702, Margaret Perry, AICP, of WilsonMiller, Inc., representing Eagle Creek Properties, Inc., requesting an amendment to the Eagle Creek PUD having the effect of amending the PUD document to allow serf storage facilities and related accessory sta'uctures 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 298:1: acres. You are invited to appear and be heard at the public hearing, or you may submit your comments in writing. Written comments filed with the Collier County Current Planning Section, Development Services Building, 2800 North Horseshoe Drive, East Naples, Florida, prior to July 19, 2001, will be considered at the public hearing. If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose he 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. ' This petition application development plans and/or master plan ff applicable, and other pertinent information related to this petition is kept on file and may be reviewed at the Development Services Center located at the address listed above. Please contact the assigned plo,mcr noted below at 403-2400 to set up an appointment if you wish to review the file. Sincerely, · 1:~ AICP Principal planner PHONE (941) 403-2400 RE"E,' .... '~ JUL 1 3 2001 July 9, 2001 Collier CountY Current Planning Section Development Services Building 2800 North Horseshow Drive East Naples, FL 34104 Attn, Fred Reisehl, AICP Principal Planner Dear Sir: As a property owner within 300 feet of Eagle Creek we are~ against the petition PUDA 2001-AR .... 702. Storage facilities and related structures will not enhance this area. I'm sure there are plenty of nearby storage facilities that Eagle Creek residents can rent that already exist. that will fulfill all of their needs. · ~' Tom & Pat Price 2757 Silver Hill Waterford, MI 48329 248-673-3481 owners of property ~'at, 007278~006 4 51~. 26 NWl/4 OF SW1/4 OF SW1/~ OF NE1/4 LYING W OF BAREFOOT ¥~ILLIAMS RD 1.86 AC NO. _ ~'~' -- OCT 0 9 2001 Raymond Gore P, AYMOND M. GORE 35 Grey Wing Pointe N¢~les FL 34113-84C'~., OCT 0 9 2001 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 MAPS NUMBERED 1603N, 1603S AND 1604N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS EAGLE CREEK COUNTRY CLUB, FOR PROPERTY LOCATED , IN SECTIONS 3 AND 4, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 298+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-79, AS AMENDED, THE FORzMER EAGLE CREEK COUNTRY CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Margaret Perry, AICP, of WilsonMiller, Inc., representing Eagle Creek Properties, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: The Zoning Classification of the herein described real property located in Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 1603N, 1603S and 1604N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 96-79, as amended, known as the Eagle Creek PUD, adopted on December 10, 1996, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. AG E N DA~.I.~T.~ M No. ~/.~ OCT 0 9 7001 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency Marjori0~Vl. Student Assistant County Attorney BY: JAMES D. CARTER, Ph.D., Chairman AGENDA ITeM OCT 0 9 2001 P2.., ,/7// EAGLE CREEK COUNTRY CLUB A PLANNED UNIT DEVELOPMENT Prepared for: EAGLE CREEK PROPERTIES, INC. PREPARED BY: qth~,T R/ITT T ~D 121 ADT(hlxT ~°r DI~IZ, TNT{~ WilsonMiller, Inc. 3200 Bailey Lane at Airport Road Naples, Florida 34105 'NT,.-,,-,,,~-,~I-,,=.',,' 1 QQF-, July, 2001 Sect[on !.02, Item 4 Sect[on 3.07, Items C.3. and D. DATE ISSUED: D^TI:: ADDDg'I'~t'IE?F~ l~V rt~D{'~. ~T~,, O1 100A DATE APPROVED BY BCC: 10/1/85 O~ANCE NUMBER: 85-52 DATE ~VISED: 12/17/91 O~ANCE NUMBER: 91-113 DATE REVISED: 12/10/96 ORDINANCE NUMBER: 96-79 DATE REVISED: ORDINANCE NUMBER: EXHIBIT "A" Words underlined are additions; words struck tbxv'agh are deletions. AGEND~ITEM No. OCT 0 9 2001 SECTION I GENERAL DEVELOPMENT INFORMATION 1.01 INTRODUCTION AND PURPOSE 1.02 It is the intent of Eagle Creek Properties, Inc., hereinafter called "applicant" or "developer"; to establish and develop a Planned Unit Development (PUD) on approximately 298+ acres of property located in Collier County, Florida. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the subject property. STATEMENT OF COMPLIANCE The development of approximately 298+ acres of property in Sections 3 and 4, Township 51 South, Range 26 East, Collier County, Florida, as a Planned Unit Development, will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Com?reb. ensive Plan. The residential development and associated recreational facilities of Eagle Creek will be consistent with the growth policies, land development regulations and applicable Comprehensive Plan Documents for the following reasons: 1. The Eagle Creek development is compatible and complimentary to the surrounding land uses. 2. Improvements are planned to be in compliance with applicable regulations. 3. The Eagle Creek development will result in an efficient and economical extension of community facilities and services. Policy 5.1 of the Collier County Growth Management Plan states that changes to Planned Unit Developments which have been determined to be "improved", provided those changes do not represent an increase in the density or intensity of use, shall also be deemed consistent. Section 5.9 states that properties which do not conform to the Future Land Use Element but are improved shall be deemed consistent with the Future Land Use Element. This PUD meets this standard. The Eagle Creek PUD, with a proposed maximum gross project density of 1.58 Words underlined are additions; words struck tbxcp-gh are deletions. 1-1 AGENDA ITeM OCT 0 9 2001 units per acre does not exceed the maximum allowable density of 3 units per acre, permitted by the Future Land Use Element. Words underlined are additions; words stvack tbzc'agh are deletions. 1-2 AGENDA ITEM No. OCT 0 9 ~001 SECTION II PROJECT DEVELOPMENT STANDARDS 2.01 2.0:2 2.03 2.04 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. GENERAL PLAN OF DEVELOPMENT Eagle Creek is a planned residential community, which includes a mixture of residential uses, a golf course, tennis center, and preservation areas. COMPLIANCE WITH APPLICABLE ORDINANCES Eagle Creek is intended to be in substantial compliance with the applicable Collier County general zoning and subdivision regulations as well as other provisions of the Collier County Land Ddevelopment C¢odes in effect at the time permits and/or plats are requested. ~D A t'~TIC~KI A T 17 A TIFllXl FI12 TI~ A a.) ......... n ............................ ~ ..... pr:or .......... v ........................ ~ parco Words underlined are additions; words stvack tbzough are deletions. 2-1 AGENDA..JTEM uo. OCT 0 9 ZOO1 c.) ],,.-at;'n~ th,=, F,r.~r.t;,~n,~l;~'.'at';r,.,', plans +h,a A A,..v,;.n;ot,-,a'l'r,.r'r' rlor,;c,;,,-,,-', $"r,,~- p!' A~.~;.~I eholl l..,:, l~.-aA ~,,~ COrn lance ..,;,h ,h,...;,~.;~ o..~ ,ha development the ....... ~,~ ....... ;1.,;1;,y ^,c ,h,, r~o,.,;~,,~.,1 .,-,,-*o ,,- p,,T.1;,. Or p";""*'~ commo~ .......................... ..... , - .............. e) !f apprcva! ~'~ A,:.~;,',I ;o -,,-,*; ..... rl ll,.~]-h;l-I tl:11.1 {1('~ ..... 'L';l"l /-] .... ]']"1 .... ]~r~/liOO;tlrt e'hO]] SITE 'pt ^~t ^~,~,lnxz^t xlrh,~,~ o;,,:, pl .......... 1 ;,-. A,~;,.,~A .... q,,;,.-~.A T-,,~ ,h;o A ....... , th~, ~,11 .... ;'"g procedure shall h,. ^) ,. ...... A placement of ~rcvisicns e~. ingress ~ egress, ~ec~,.~, ~; .... ~ ~ec~,~, lcadin2 prcpem~; B) m ~.,o shewing proposed '""~*;^"° r .... ,;1;,y h,-,~V .... D) mo.,o r ......... '~ signs ~'~ Words underlined are additions; wordso..*'""v-~.. ,,,.~ ~-~,-h ___are deletions. 2-2 OCT 0 9 2001 E) In the case of c!,.'-stered buildings and/or zero lot line homes with common ,.,.,.,~,-,,=,..*,, A,=..,r,=,It, p,'~,=n* r.'t.a,-,A.',,.A~. 1.,,=. ,,,~;.,,,~A .-,,. reduced p .... 2.06 2.04 LANDUSE DISTRIBUTION AND DENSITY Eagle Creek consists of residential development tracts, a golf course, cypress and mangrove preserve tracts, and a tennis center. The maximum number of dwelling units to be built on the total acreage is 470. The number of dwelling units per gross acre is approximately 1.58. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. The following table is a schedule of the intended land use types, with approximate acreages indicated. The arrangement of these land use types is shown on the PUD Master Plan. Minor changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. APPROXIMATE LAND USE DISTRIBUTION LAND USE DESIGNATION APPROXIMATE ACREAGE* RESIDENTIAL Tract A 3.5 Tract B 1 3.0 Tract B2 2.0 Tract B3 2.0 Tract B4 6.0 Tract B5 4.0 Tract C 18.0 Tract D 21.0 Tract E 11.0 Tract F 8.5 Tract G 1 3.5 Tract G2 3.0 Tract M 13.0 Total Residential 98.5 Words underlined are additions; words stv-'-ck *~'..- ..... v-~,..h are deletions. 2-3 AGENDA L~'EM .°. ?d______ OCT 0 9 2001 GOLF COURSE Tract Golf Course East Tract Golf Course West Tract H Tract CH Total Golf Course 70.5 66.O 7.0 5.5 149.0 CYPRESS PRESERVE MANGROVE PRESERVE TENNIS CENTER, Tract I TRACT R DRAINAGE EASEMENT North Tract South Tract East Tract Total Drainage Easement 11.0 1.0 4.5 7.5 2.5 17.5 6.5 26.5 TOTAL EAGLE CREEK ACREAGE * Acreages have been rounded to the nearest .5 acre. 298+ Acres 2.07 2.05 PERMITTED VARIATIONS OF DWELLING UNITS Permitted residential unit types may be mixed within Rr__esidential ~tracts provided that the total number of dwelling units shall not exceed 470. 2.08 2.06 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the approved PUD Master Plan and applicable Collier County Development Codes. 2.09 2.07 EASEMENT FOR UTILITIES Easements shall be provided for water management area, utilities and other purposes as may be needed. Said easements and improvements shall be done in compliance with the Collier County Subdivision Regulations, or its successor provision. Words All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and compliance with applicable regulations in effect at the time approvals are requested. underlined are additions; words s*'"'~t' **' ..... ~, ~r,~ deletions. ^aEND^ ~.*~U ........... ~ .... No. ~"" f ~ - 2-4 OCT 0 9 2001 2.10 2.11 Words 2.08 TEMPORARY STRUCTURES During project construction temporary structures are permitted within all tracts of Eagle Creek. Said structures may be utilized as temporary administrative offices, temporary sales offices, temporary pro shop, temporary construction offices and other similar uses. I~¥OI~DTTtTNTq~ TI% TI-Il;' OthT I IUD F'(-~T FMTV q~l TUtFIT\ITqT(TNT D~(-:TTT ATIt~%.T, (~D TTq SUr-,r-~q ~th~ v~ "Fl,,,:. f,-,ll .... ;.~ irement oh.~ll k ..... ;,,=A. A,-d,-1,:. ¥ q,~,-*;nn 1A. qiR ..... 1L-e 0.Vaiv0 .............. g requ .................. , ...................... indicated "" ,h .... ;,~,.t .... , .... ,;,.,. pi ...... ho,. ,h ......... t,~,;.,.A t,. tho c, .... ,,, +',.. A~ic!e X, Section !9: Street blame Markers and Traffic Control n,.,,;,.,,~ Street n°~me Article X!, Section ! 0: Monuments '.'.'here such monuments occur v:ithin street pavement th .ho~ k,= a,~,.,,,.a i,- -, typi ! .... t ..... h,,. cover, ~ ib ~. prescr ed i. t~, ....... ..... ey o ..................... ca County standards. Anic!e X!, Section !TF .o..:. G: Street right-of-way and Pavement widths. For street right- of:ray and pavement ........ t;,.., see Construction Drawings, WMBS&P bio. D264. Article Yt, ~,=m;~-- ~?t. r,,,.t, ~.a;i (Waive requirement e~,. fo~y an,~ r~, .~a;,,o ,~ Ardr, l~ x, rT (;2,:.r.4-;,-,,', underlined are additions; words steack tkrough are deletions. -- 2-5 OcT 0 9 2001 Words underlined are additions; wordso.~o*"'-v_v.. ,r,.._ ~-~,--t' ----re deletions. 2-6 No. ~ OCT 0 9 2001 SECTION III RESIDENTIAL DEVELOPMENT 3.01 3.02 3.03 Words underlined PURPOSE The purpose of this Section is to set forth the regulation for the area designated on the PUD Master Plan, as Residential. (Tracts A, BI, B2, B4, BS, C, D, E, F, Gl, G2, and M). MAXIMUM DWELLING UNITS A maximum of 470 dwelling units may be constructed in all of the l~_esidential parcels. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures in Tracts A, BI, B2, B3, B4, BS, C, D, E, F, Gl, G2 and M: 1. Zero lot line homes, detached and attached. 2. Villas, cluster homes and townhouses. 3. Low rise multi-family dwellings and garden apartments. B. Permitted Accessory Uses and Structures in all Residential Tracts: 1. Customary accessory uses and structures, including but not limited to private garages and private swimming pools. 2. Signs as permitted by the Collier County Zoning Ordinance, or its successor provision in effect at the time permits are requested. 3. Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years from the initial use as a model. The Development Services Director are additions; words stpack tbxough are deletions. 3-1 OCT 0 9 2001 Pg. 3.04 3.05 Administrator may authorize the extension of such use upon written request and justification. DEVELOPMENT STANDARDS The following Sections 3.05, 3.06 and 3.07 set forth the development standards for permitted uses within Eagle Creek Country Club. Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. ZERO LOT LINE DEVELOPMENT A. Minimum Lot Area Six thousand (6,000) square feet B. Minimum Lot Width Fifty-five (55) feet as measured at the front yard setback line. C. Minimum Floor Area One thousand (1,000) square feet D. Minimum Yards Front yard - 20 feet as measured from the back of curb or edge of pavement. Side yard - 0 feet or 10 feet Rear yard - 0 feet or 20 feet for principal structure, 0 feet for accessory structures except that accessory structures in Tracts 'F' and 'K' along the PUD boundary shall comply with the requirements as listed in the Zoning Ordinance. Residential structures may be constructed over water management/lake areas. E. Maximum Building Height Two living stories Words underlined are additions; words st.-ack tbtc'.'-gh are deletions. 3-2 OCT 0 9 1~001 P~. 3.06 3.07 VILLA, CLUSTER HOME AND TOWNHOME DEVELOPMENT A. Minimum Building Parcel The minimum building parcel shall be three thousand multiplied by the number of units on the parcel. B. Minimum Floor Area: Do Nine hundred (900) square feet. (3,000) square feet Minimum Distances The minimum distance of any dwelling unit from any fractionalization parcel boundary line, right-of-way line, back of curb or edge of pavement shall be twenty (20) feet. Residential structures may be constructed over water management/lake areas. 2. The minimum distance between principal structures shall be either 0 feet or 10 feet. There are no minimum distances for accessory structures, except that accessory structures in Tracts 'F' and 'M' along the PUD boundary shall comply with the requirements as listed in the Zoning Ordinance. Maximum Building Height Two living stories LOW RISE AND GARDEN APARTMENT DEVELOPMENT A. Minimum Building Parcel The minimum building parcel shall be one acre. B. Minimum Floor Area Seven hundred twenty five (725) square feet. Words underlined are additions; words stvack tb:ough are deletions. 3-3 AG E N O A...I~T/E~ M OCT 0 9 2001 Do Minimum Distances The minimum distance of any low rise or garden apartment building from any fractionalization parcel boundary line, right-of-way line, back of curb or edge of pavement shall be fifteen (15) feet. Residential structures may be built over water management/lake areas. 2. The minimum distance between principal structures shall be one half(I/2) the sum of their heights, except in Tract 'M-2', where it shall be thirty feet (30') There are no minimum distances for accessory structures, except that accessory structures in Tract 'M-2', as shown on Exhibit B, along the PUD boundary shall be ten feet (10'), and Tracts 'F' and 'M-I' along the PUD boundary shall comply with the requirements as listed in the Zoning Ordinance, or its successor provision. Maximum Building Height Three living stories. Four living stories in Tract 'M-2', as shown on Exhibit B. Words underlined are' additions; words st."azk ,h__ ..... v ~,..h are deletions. 3-4 OCT 0 9 2001 4.01 4.02 SECTION IV GOLF COURSE PURPOSE The purpose of this Section is to set forth the regulations for the area designated on the PUD Master Plan, as Golf Course, to include Tracts "GC East", "GC West", "CH" and PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses in Tracts "GC East", GC West" and "CH". 1) Golf Course 2) Clubhouses, pro-shop, practice driving range and other customary accessory uses of golf courses. 3) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course, subject to the provisions of the applicable supplementary regulations of the Zoning Ordinance, or its successor provision. 4) Signs as permitted by the Collier County Zoning Ordinance, or its successor provision, in effect at the time permits are requested. 5) A maximum of two (2) residential units in conjunction with the operation of the golf course as determined to be compatible with the adjacent uses as determined by the Development Services Director Admkq/~mto~. 6) Golf Course maintenance. Words underlined are additions; words stvack through are deletions. 4-1 OCT 0 9 001 Bo 7) fac';]ifies Self storage facility and related accessory structures for the exclusive use of Eagle Creek residents. 8) Water Management/Lakes. Permitted Uses in Tract H. l) 2) 3) Golf Course driving range Any residential use permitted under Section III of this document. Signs as permitted by the Collier County Zoning Ordinance, or its successor provision, in effect at the time permits are requested. Words underlined are additions; words st.-ack tbaough are deletions. 4-2 No. z~ ~,,~.~. OCT 0 9 001 SECTION V TENNIS CENTER 5.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan, as the Tennis Center. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Tennis Gclubhouse, pro shop, tennis center accessory buildings and other customary uses associated with recreation centers. 2) Small commercial establishments, including gift shops, tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the :iStennis Gcenter, subject to the provisions of the applicable supplementary regulations of the Zoning Ordinance, or it successor provision. 3) Shuffleboard courts, tennis courts, swimming pools, beaches, and other types of facilities intended for recreation. 4) Signs as permitted by the Collier County Zoning Ordinance, or its successor provision, in effect at the time permits are requested. 5) Water Management/Lakes. Words underlined are additions; words stvack tbxough are deletions. 5-1 AGENDA ITEM No. ~ ~ OCT 0 9 2001 5.03 PROPERTY DEVELOPMENT CRITERIA Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. Bo Tennis Courts shall be setback set back a minimum of five (5) feet from abutting Residential Tracts. The Tennis Center principal building shall be set back a minimum of thirty (30) feet from abutting Residential Tracts. Tennis Cc_enter accessory buildings shall be set back a minimum of ten (10) feet from abutting Residential Tracts. The tennis center building setbacks shall be measured from the buildings, exclusive of any roof overhang or decking, to the tract boundary. The :[tennis Gcenter structures may be constructed over water management/lake areas. C. Buildings shall have a maximum height of three stories. D. The minimum building separation shall be one-half the sum of the heights of adjoining buildings, but not less than twenty (20) feet. E. Lighting shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. Words underlined are additions; words struck tbxc'agh are deletions. 5-2 NO. ~ OCT 0 9 2001 6.01 6.02 SECTION VI PRESERVE AREAS PURPOSE The purpose of this Section is to set forth the regulations for the area designated on the PUD Master Plan, as Cypress Preserve and Mangrove Preserve. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1. Nature trails, boardwalks, shelters, etc. 2. Nature preserves and wildlife sanctuaries. 3. Water Mrnanagement t2_facilities. 4. Any other activity which is comparable in nature with the foregoing uses and which the Development Services Director ~ determines to be compatible in the District. Words underlined are additions; words struck through are deletions. 6-1 AGENO.~T~M -- OCT 0 9 2001 pg. t.~""~'/ _ SECTION VII DRAINAGE EASEMENT 7.01 7.02 PURPOSE The purpose of this Section is to set forth the regulations for the area designated as Drainage Easement. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 2. 3. 4. 5. Water Management/lakes Canals Water Management Structures Bridges Structures to facilitate access to l~_esidential :l:t_racts. Words underlined are additions; words struck tbxeugh are deletions. 7-1 NO. ~ OCT 0 9 2001 8.01 8.02 8.03 8.04 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the standards for the development of Eagle Creek. FIRE PREVENTION The Development shall comply with applicable codes and regulations. DEVELOPMENT PLAN A. The PUD Master Plan (Wilson, Miller, Barton, Soll& Peek, Drawing File No. RZ- 117a) is an illustrative preliminary development plan. The design criteria and layout illustrated in the PUD Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. C. Minor design changes, shall be permitted subject to County staff administrative approval. ENVIRONMENTAL CONSIDERATIONS mo A site clearing plan be submitted to the Community Development and Environmental Services Division ~T~, .... ~ ~ ......... Management Department ~,,a ~r~ ..... ~.vv,-~,,~ ..... , _,r~;";°;"", ,o.w, for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Words underlined are additions; words struck tbzough are deletions. 8-1 AG E N DA_ITF-~M No. OCT 0 9 2001 B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Community Development and Environmental Services Division Natural Resources Management Department and tee Commun'~ty Development D'~v;.sion for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. C. All exotic plants, as defined in the County Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Community Development and Environmental Services Division xT.,,~._.~.~.~ Resources Management Department ~..~o-a ,h~....~ Community If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Community Development and Environmental Services Division Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Community Development and Environmental Services Division Natural Reseurces Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Community Development and Environmental Services Division Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. Words underlined are additions; words struck through are deletions. 8-2 OCT 0 9 8.05 8.06 UTILITIES a. A central water supply system shall be made available to the project. The water supply source for the project shall be the Collier County system. bo The project shall be served by a central wastewater collection system. A County approved, on-site or off-site wastewater treatment and disposal facilities shall be approved and/or made available. c. All systems shall be coordinated and approved by the Utilities Division prior to their installation. d. Applicable County Ordinances relative to water and sewer system development charges shall be complied with. e. Utilities shall be provided to comply with applicable Ordinances in effect at the time permits requested. f. Construction plans and specifications shall be submitted to the County Utility office prior to the start of any utility construction. g. Appropriate utility easements shall be created and/or dedicated as may be required by applicable regulations. h. Telephone, power and T.V. cable service shall be made available to all residential units. All such utility lines shall be installed underground. i. The Utilities Division stipulation per their memo dated July 9, 1985 are incorporated herein by reference. TRANSPORTATION IMPROVEMENT Subject to F.D.O.T. approval, the developer or his successor in title shall provide the following at his own expense: A traffic signal on S.R. 951 when deemed warranted by the County Engineer. After installation, the signal shall be owned, operated, and maintained by Collier County. Words underlined are additions; words ~,,.,,.v ,r, ..... r, are deletions. 8-3 AGENDA No. ,~ OCT 0 9 2001J 8.07 The developer shall dedicate a thirty (30) foot wide right-of-way easement, if such easement does not already exist, measured from the centerlines of the portions of Barefoot Williams Road and Tower Road which abut Eagle Creek. All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices. If, at the time of 4 four-laning of S.R. 951, additional right-of-way is required from the Eagle Creek prope~y, the amount of right-of-way to be dedicated for the four- laning of S.R. 951 shall be determined as follows: If an urban section is to be constructed (curb and gutter with storm drainage system), the Petitioner will dedicate 40 feet of right-of-way; if a rural section is to be constructed (swales and drainage ditches), the Petitioner will dedicate 40 feet of right-of-way and shall make available for purchase at fair market value an additional 45 feet of right-of-way. FIRE STATION CONSIDERATIONS The Developer, in conjunction with the Deltona Corporation and the Oowner of the Riverbend development to the south of Eagle Creek, agrees to provide a fire station building erected to the specifications of the East Naples Fire Department. The contribution of Eagle Creek Properties, the Deltona Corporation and the owner of said Riverbend development is described by written agreement. The fire station building shall be constructed prior to the issuance of any residential living unit Certificate of Occupancy or any commercial Certificate of Occupancy within Eagle Creek except that Certificates of Occupancy may be issued for Eagle Creek's maintenance building and for Eagle Creek's model home units prior to the construction of the fire station. Building permits for Eagle Creek may be issued prior to the construction of the fire station building. Words underlined are additions; words struck t,hxeugh are deletions. 8-4 AGENDAITEM OCT 0 9 2001 8.08 WATER MANAGEMENT An updated water management analysis of the entire drainage system serving the proposed Tract 'M' shall be submitted to the Water Management Engineering Services Director for review and approval. No Gc_onstruction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plan, is granted by the County Engineer. 8.09 ELECTIONS POLLING PLACE Eagle Creek shall provide a polling place within the Eagle Creek PUD, primarily for the Eagle Creek residents, if determined to be needed by the Supervisor of Elections. 8.10 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Section 7.27k. 2.7.3.6. of the Collier County Land Development Code Zoning c~,-a;v.~...~_~ ..... we')-')~, or its successor. Words underlined are additions; words st,-ack tbxough are deletions. 8-5 NC,. ~ ! OCT 092001 l / WilsonMiller New Direclfons In P~nnlng, Design & E~ginee#ng ~April4 2,2.QQ1 PUDA-2001-AR-702 Eagle Creek PUD ~'roj eet #'19990218 DATE: 4/20/01 Mr. Fred Reischl Project Planner Collier County Development Services Department 2800 North Horseshoe Drive Naples, FL 34105 Re: Eagle Creek PUD Amendment Dear Mr. Reischl: Enclosed are seventeen copies of an Application for Public Hearing for a minor PUD Amendment for Eagle Creek. Also included is a check in the amount of $1,525 to cover the cost of processing this amendment. Section IV of the PUD document, with language changes noted in cross through and underline, is made part of this application, as this is the only portion of the PUD which we are proposing to change. If and when required, we will provide the entire PUD document. The Eagle Creek PUD was approved by the Board of County Commissioners in October of 1985. An amendment to the PUD was approved on December 10, 1996. Section IV of the PUD outlines the regulations relative to areas designated as "Golf Course" on the master plan. Essential services, including on-site water and wastewater treatment facilities, are a permitted use within this designation. A sewage treatment facility was constructed on the subject site in 1986. (Please refer to Exhibit "B" of the Application for Public Hearing for the location.) In October of 1999, Collier County sewer service became available to the project. The 'sewage treatment facility is therefore no longer needed for the project. The facility is currently being dismantled and is expected to be totally cleared by the end of April. After receiving requests from its residents, Eagle Creek Properties surveyed its residents in February, 2000 regarding the interest in an on-site storage facility. Results of the survey indicated the residents' strong desir~ f_Qr_~u~h_a_ storage facility. The developer of the project is attempting to satisfy the needs of its residents by proposed facility will be owned, operated, and maintained by Eagle Creek Properties and will be for the exclusive use of residents of Eagle Creek. The proposed PUD Amendment offers positive benefits to the residents of Eagle Creek, while causing no detriment to the surrounding area or the community in general. Should you have any questions or need additional information, please feel free to contact me. Sincerely, WilsonMiller( l~Lc.. ,Z~ ,,/") Margar.e't Perry, AICP....~ ' Planner /' Naples Fort Myers Sarasota 3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 Bradenton Tampa 94~-649-4040 ~ 94~-643-5716 www, wilsonmlller, corn PUDA-2001-AR-702 Eagle Creek PUD PETITION 1~ Project # 19990218 DATE: 4/20/01 APPLICATION FOR PUBLIC HEARING FOR COMMUNITY DEVELOPMENT DMSION PLANNING SERVICES 1. Name of Applicant(s) Eagle Creek Properties, Inc.. Applicant's Mailing Address City_ Naples 625 Eagle Creek Drive State FL Zip 34113 Applicant's Telephone Number: 941-775-2227 Is the applicant the owner of the subject property? (a) x _ [~ Yes I-"] No If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited parmership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. actual owner(s) name and address below. David J. Amico, President/CEO; John Hash, Vice President; Hanspeter Schwager, Treasurer/CFO 2. Name of Agent Margaret Perry, AICP Firm WilsonMiller, Inc. Agent's Mailing Address City Naples 3200 Bailey Lane, Suite 200 State FL Zip_ 34105 Agent's Telephone Number: (941) 6494040 PUD Ordinance and Number: Eagle Creek PUD, Ordinance//85-52 (Previously. amended by Ordinance #'s ' //96-79 ) Detailed legal description of the property covered by the application (if space is inadequate, attach-onseparatepage;--if-request-involves.change to motet hah one zoning district, include separate legal description for property-involved in each district; if property is odd-shaped, submit five (5) copies of survey; 1" to400' scale). The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification shall be required. Section 3~ Township 51South. Range 26East Please see attached Exhibit "A." Address or location of subject property: 401 Tower Road (approximately IA mile east of Collier Boulevard). Please see attached Extfibit "B.' Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous Property. (If space is inadequate, attach on separate page.) No 7. Type of Amendment: X _ A. PUD Document Language Amendment B. PUD Master Plan Amendment C. DeveloPment Order Language Amendment Does amendment comply with the comprehensive plan: If no, explain: Yes [] No Has a public hearing been held on this property within the last year*. If so, in whose name?_ No Petition Number: Date: 10. Has any portion of the PUD been ~ sold and/or changes proposed for the area sold and/or developed? additional sheets if necessary.) No char~g~-a~:-e-pr 0~-6-sefl -f0i:-th-e--d-~"eI0-P~-d -~reas: ' X developed? Are any If yes, describe. (Attach AFFIDAVIT · being fa'st I, David I. Amico President/CEO Ea le Creek Pro erttes Inc. duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. Sigr~re of O,j~ner J. Am co,? ~gnatur/e of Agent ../ ' Margaret Perry, AIC~P STATE OF FLORIDA COUNTY OF COLLIER The foregoing Application was acknowledged before me this 2~, day of~, 200~, by ~.'--~-'Do,~, ,.~..,,~v-~,.r- c-,, who is personally known to :---'~"6~v--h6"has produced - - as identification and who did'(did not) take an oath. ,, j!MY COMMISSION Il C~ ~ IJ~ Bonded Tl~m No~ I)ubll¢ tln~rwr;t~ ~I (Signature of Notary Public) SECTION IV GOLF COURSE 4.01 4.02 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on the PUD Master Plan, as Golf Course, to include Tracts "GC East", "GC West", "CH" and PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses in Tracts "GC East", GC West" and "CH". 1) Golf Course 2) Clubhouses, pro-shop,' practice accessory uses of golf courses. driving range, and other' customary Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course, subject to the provisions of the applicable supplementary regulations of the Zoning Ordinance, or its successor provision. 4) Signs as permitted by the Collier County Zoning Ordinance, or its successor prowston itr-effect-atthe~timepermits'are-requested 5) A maximum of two (2) residential units in conjunction with the operation of the golf course as determined to be compatible with the adjacent uses as determined by the Administrator. 6) 7) Golf Course maintenance. faaHit:.es Self storage facility, and related accessory structures for the exclusive use of Eagle Creek residents. Words Underline_d are' additiorii~ WiSrd~-~'~ff~ deletions. 4-1 411 ilOI- W-#92833 vi - Eagle Cre~k PUD (Amendment 200 J) ..... I-0t IS-PUD FILE Be 1) Water Management/Lakes. Permitted Usesin Tract H. 3) Golf Course driving range Any residential use permitted under Section III of this document. Signs as permitted by the Collier County Zoning Ordinance, or its successor provision in effect at the time permits are requested. Words underlined are additions; words struck t~zc'~'gh are deletions. 4/I l/0 I- W*h'gll133 vi - ~a81, Creek PUD (Amendment 2001) 4-2 EXHIBIT "A" WILSON, MILLER, BARTON, SOLL & PEEK,. INC. PROFESSIONAL ENGINEEIZS. PLANNERS AND LAND SURVEYORS Description of park of "Golf Course East" of "EAGLE CREEK COUNTRY CLUB", (P.B. 14, pages 1-5), Collier County, Florida. (Sewage Treatment Site) All that part of the "GOLF COURSE EAST" parcel of the "EAGLE CREEK COUNTRY CLUB" Tract Maps as recorded in Plat Book 14, pages 1 through 5 inclusive, Collier County Public Records, Collier County, Florida being described as followst Commencing at the Southeast Corner of Section 4, Townshiu 51 South, Range 26 East, Collier County, Florida; . thence along the east line of said Section 4, North 0"-27'-44" East 280.05 feet; thence North 89"-32'-16" West 32.00 feet to the POINT OF BEGINNING of the Sewage Treatment Site herein described; thence North 89"-32'-16" West 92.00 feet; thence North 44"-32'-16" West 55.15 feet; thence North 0"-27'-44" East 191.03 feet; thence North 24"-04'-44" East 119.81 feet; thence North 0"-27'-44" East 75.00 feet; thence North 29"-01'-44" East !25.48 feet; thence South 89"-32'-16" East 35.00 feet' to a point on that line which lies 20.00 feet west of (as measured at right angles to} and parallel with the East line of said Section 4; thence parallel with the East line of said Section 4, South 0"-27'-44" West 435.02 feet; thence South 13"-57'-44" West 51.40 feet; thence South 0"~27'-44" West 40.0.0 feet to the Point of Beginning; being a part of the Southeast 1/4 of Section 4, Township 51 South, Range 26 East, Collier County, Florida; and being a part of the "GOLF COURSE EAST" parcel as shown on the Tract Map of "EAGLE CREEK COUNTRY CLUB" as recorded in Plat Book T47-~a~-.-1--t-hroug-h--5--i-~c~us-iveT-eol-l-ie~r--County-P-ublic--Rec'°rd' Collier County, Florida; subject to easements and restrictions of record; containing 1.35 Acres more or less; ...... the'q~)~a?'[~s used'herein are based on said "EAGLE CREEK cOUNTRY CLUB" and are true. WILSON, MILLER, BARTON, SOLL & PEEK, INC. Reg. Engineers and Land Surveyors Carl H. Soll, P.L.S. ~1969- DATE Not valid unless embossed with the Professional's seal. W.O. 25326 Ref: 5J-45 (D-264, 22 of 26) (CHS:lr 4J-115 sewage) EXHIBIT "B" LAND'S EN{ PRESERVE: PUD EAGLpEu~REEK EAGLE CREEK PUD PROJECT LOCATION A (PU"r) C-3 KOA CAMP- GROUNDS TT- RVC PU"c" RIVE:RBEND PUD A C-3 C-3 · , 0 250 500 1000 NORTH SCALE: 1":500' Mar 001 - 0:40:04 f)P AC,"X: Pla 0118 04\01180401.dwo PROJECT:.Ea.__gJ_e Creek PUD Amendment CLIENT: Eoqle Creek Properties, Inc- ..~.~ Wils nMiller P/anner~ · Engheers - Ecologists. 8Lrveyors · Landscape Architecb · Tranapoda~on Consulfants WilsonMiller, Inc. Nac~ea Fc~'f My~'S Saraaote · Bradento~l · Tampa .......... , ..... SEC: I~P: AGE: REV NO 1: 4 265 51E PTN NO. Rf.¥ NO 2: N0118-036-001 ZOPO0 IMPROVEMENT INFORMATION Gross .Bldg Area: Bldg/Living Area: Total Adj Area: Base/Main Area: Ground Fir Area: Basement Area: $1SF: Pool Area: 'Pomh 1 Area: Porch 2 Area: Patio/Deck 1: Patio/Deck 2: Perimeter Area: Heated Area: $1,00 Total Rooms: Bedrms: Baths (Full/Half): Ttl Baths/Fixt: Yr Built/Eft: # Stories: Fireplace/#: Pool: Porch Type: Patio Type: Improve Type: Style: # Bldgs: # Res. Units: # Corem Units: Bldg Type: Inspect Entry: Permit $: Permit #: Bldg #: Section #: Level #: County: APN: COLLIER, FL 30180040002 Construction: Foundation: Ext Wail: Int Wall: Roof Type: Roof Math Roof Frame: Roof Shape: Heat Fuel: Heat Type: Parcel Fuel: Floor Type: Floor Cover: Air Cond: BId.q Desc Size LEGAL INFORMATION Legal Plat BkPg: Legal BIk/Bldg: Legal Lot/Unit: Legal Desc: 1.1 3&4 51 26 EAGLE CREEK. COUNTRY CLUB A PORTION OF GOLF COURSE EAST DESC AS SEWAGE TREATMENTSITE FURTHER DESC AS: COMM AT THE SE CNR OF SEC 4, N 280';'03FT TO POB, N 89 DEG W 124FT, N 44 DEG W 65.15FT, N 191.03FT, N 24 DEG E 119.81FT, N 0 DEG E 75FT, N Legal Truncated: © 1996 Win2Data 2000 Page: 2 of 2 AGENDA ITEM 7-D MEMORANDUM TO: FROM: COLLIER COTJNTY PLANNING COM~SSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: RE: IUNE 19,'2001 PETITION: PUDA-2001-AR-702, EAGLE CREEK PUD OWNER/AGENT: Agent: Margaret Perry, AICP WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Owller: Eagl~ Creek Properties, Inc. 625 Eagle Creek Drive Naples, FL 34113 REQUESTED ACTION: This petition seeks to amend the permitted uses in the Golf Course district of the Eagle Creek PUD. The ."water and wastewater treatment facilities" use would be removed and a new use of"self storage facility and related'accessory structures for. the exclusive use of Eagle Creek residents" would be added. GEOGRAPHIC LOCATION: The Eagle Creek PUD is located in the southwest comer of the intersection of Collier Boulevard (SK- 951) and Tam, ami Trail East COS 41). The location of the proposed southeast comer of the PUD, in the Tower Road vicinity. JUL. 0 3 2001 COMMUNITY DEVELOPMENT PURPOSE/DESCRIPTION OF PROJECT: This petition seeks to amend the permitted uses in the Golf Course district of the Eagle Creek PUD. The 'kvater and wastewater treatment facilities" use would be removed and a new use of"self?storage facility and related accessory structures for the exclusive use of Eagle Creek residents" would be added. No other revisions are proposed. SURROUNDING LAND USE AND ZONING: Subject Parcel: Vacant; former site ofwastewater treatment plant; zoned PUD Surrounding: North: Golf course; zoned PUD East: Agricultural land; zoned A South: Golf course; zoned :PUD West: Golf course & stormwater management lake; zoned PUD GROVvWIt MANAGEMENT PLAN CONSISTENCY: The subject pkoperty is currently designated Urban (Urban - Mixed Use District, Urban Coastal Fringe Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a base density of 4 DU/A and associated accessory uses. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. Since, this subdistrict permits mixed-used developments such as Planned Unit Developments along with a'variety of community facility uses, and since the proposed use is for the _ .. e _X_C_~U_S.i_v_e._~_s_e_. _°_f__E..!} g _l_e_C...r._e.e_ ~ _ _r ?_si~q~ J.~ _ ~ ~.~.~ p ~ah !M bp.cqns_ i de_r_e.d_, an_.~o~s.0.ry .us e._to_re, sid~ntial development, the proposed use may be deemed consistent with this subdistrict. The proposed use may be deemed consistent with the Future Land Use Element. ttlSTORIC/ARCItAEOLO GICAL 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, - JUL 0 3 2001 2 COMMUNITY DEVEL. OPMENT PREPARED BY: scrm, PRINCIPAL PLANNEP, DATE REVIEWED BY: INTERIM CURRENT PLANNING MANAGER DATE THOMAS B. KUCK, PE INTERIM PLANNING SERVICES DIRECTOR APPROVED BY: JOHN/~4. DUNNUCK, 1II, ' DATE INTBRIIM COMM'UNITY DEVELOPIvlENT & ENVIRONMENTAL SERVICES DIVISION ADMINISTRATOR Petition Number PUDA-2001-AR-702 StaffReport for the July 19, 2001 CCPC meeting. ·. --GO~R:~--OtJ'i'~'Y--lq_,~O-eOMlVlI~ N: JOYCBANNA J. RAIYrlO, CHAIRMAN g/admin/PUDA-2001-AR-702/STAFF RBPORT/fr 4 COMMUNITY DEVELOPMENT Summary Findings:' The parcel will not result in an isoIated district unrelated to adjacent and nearby districtls because it is located within an existing district. Whether. existing district .boundaries are illogically drawn in relation' to existing conditions 6n the property proposed for change. .. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. ' Con: None. Summ~ry Findings: The boundaries have been determined to be logically drawn during the original, rezoning which created the district. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: Since Eagle Creek is now connected to County sewer; the water treatment plant is no longer required. The developer surveyed residents and determined that on-site storage' for residents would be a desireable replacement for the plant. Con: None.' Summary Findings: Changing conditions have resulted in the submittal of this amendment. Whether 'the proposed change will adversely influence living conditions in the neighborhood; PrO A storage facility is a relatively benign use compared to a water treatment plant. Co n :_A~st or age-facilit~wil-l-gener ate-addifio~at~-t~affi~pHm aH t-~asoaat~esidents arrive and depart. Summary Findings: The storage facility may 'generate more traffic'than the water treatment plant, but other impacts, such as odor and noise will be reduced. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because JUL.O'3 2001 COMMUNITY DEVELOPMENT 2 11. 12. Pro: This amendment will remove the use of water treatment plants within the PUD, which may positively affect property values. Con: A storage facility, will be a more intense use than leaving the property vacant... , Summary Findings: This is a subjective determination b~sed 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 is given a new accessory use may or may not affect value. 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 with the administrative site development pl.an approval process, gives reasonable assurance that a. change in zoning will not result in a deterrence to improvement of adjacent property. 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. .....Wh. ethe.r-th .e.r e.7-are' .-substantial--reasons ..-why--the- -pro-p'~'~'tY~lifiiiSt-:rb~-viiS-6d---in- accordance with existing zoning; 'Pro/Con: Evaluation not applicable. Summary Findings: The subject property has been developed in accordance with the existing PUD, however a water treatment plant is no longer required. Eagle Creek residents now desire a storage facility in its place. · 3 2004 COMMUNITY DEVELOPMENT 4 ORDINANCE NO. 0I-.~ AN ORDINANCE AMENDING ORDINANCE NUMBER 9I-I02 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONINO REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLOR/DA BY ANfF2qDINO TKE OFFICIAL ZONING ATLAS ~ lqLriVfBERED 9512S; BY CT{ANGING TIlE ZONING CLASSIFICATION OF TIlE KEREIN DESCRIBED REAL PROPERTY FROM "C-l" ~ 'C-l/ST TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS PARK. CENTRAL NORTH PUD LOCATED IN THE NORTHEAST QUADRANT OF TH~ INTERSECTION OF PINB RIDGE ROAD (Ct{ #896) AND AIRPORT-P~ING (CR #31) ROAD APPPP. OXIMATELY FEET NORTH OF THE PINE RIDGE ROAD (CR #896) IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSLSTING O1: 3.78+ ACRES; AND BY PROVIDING A.N EFFE~ DATE. WHEREAS, Dwight Nadeau of MeAnly Engineering and Design, Inc., representing Mike Bozzo, Sd., petitioned the Board of County Commissioners to change the zoning da.ss/f/cat/on of the herein described real property. NOW, THEREFORE BE. IT ORDAIN]~ by the Board of County Commissioners of Collier County, Flor/da, that SECI/ON ONE: The zoning c]ass/f/¢atlon of the herein described real property located in Section 12, Township 49 South, Rang: 25 Nast, Collier County, Florida, is' changed from "C-I" to "PUD" Planned Unit DeveloPment /n accordance with the Park Central NerthPUD Document,. attached: hereto as Exh~it "A" and incozporat~d by reference' herein. The Off/cial Zoning Arias Map numbered 9512S, as described in Orc~/nancc Number 91-102, the Colli~ County Development Code, is hereby amended accordingly. SECTION TWO; This Ord/nance shall become effectiv6- upon filing with the Depadment of StOic. PASSED AND DULY' ADOPTED by th6 Board of County Commissioners of Collier County, Florida, this day of ,200t. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, PLORIDA ATTEST: BY: DWIGHT E. BROCK., CLERK Approved as to Form and Legal Sufficiency Marjode bf. Student Assistant County Attorney g/admln/PUDZ.200 ! -AR-383/~R/cw IAMF_.S D. CARTER, Ph/)., CHAIRMAN JUL. O 3 2001 ] COMMUNITY DEV)E. LOPMENT c.) The .developer of any Tract or building parcel must submit at the time. of application for a building permit, a &tailed plot plan for his tract or parcel. Such plot Plan shall show the proposed location of all buildings, accdss roads, offStreet parking and offstreet loading areas, i:efuse and service areas, required yards and other open spaces, locations for utilities hook-up, screening and buffering, signs, lighting, landscape plan, other accessory uses and structures and in residential areas, the distribution of dwelling units among the proposed structures, as may be appropriate. d.) In evaluating the fractionalization plans the Administrator's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable numbers of residential units and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. e.) If approval or denial is not issued within ten (10) working days, the submission shall be considered automatically approved. 2.05 SITE PLAN APPROVAL When site plan approval is desired or requirdd by tls document, the following procedure shall be 'followed: A written request for site plan approval shall be submitted to the Director for approval or denial. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document. Such material may include, but is not limited to the following, where applicable: A) Site plans at an appropriate scale showing proposed placement of structures on the ..... .pjo-Perty__;_p~rovi_. si_0Ps_f_qr :_i.ngres_s__an__d,_~gre_s_s,_p_f_f~sj~ee_t_p~g_g~d~_ff. stre~_et, loading ........ area, yards and other open spaces. ' .............. B) Plans showing proposed locations for utility hookups. C) Plans for screening and buffering. D) Plans for proposed signs and lighting. E) NO I ! ILI-03(~-O01 -PW~Ur,.-2. In the case of clustered buildings and/or zero lot line homes with common architectural theme, required property development st~~~..~~ reduced provided a site plan is approved under this sectioq[{ ~~.~/,ll~~l[l[ / I~% ~,~."- ~l I I I 2-2 ~1 JUL, 0 3 2001 COMMUNITY DEVELOPMENT CYPRF~S PRESERVE MANGROVE PRESERVE ' TENNIS CENTER, Tract I TRACT R DRA]2qAGE EASEMENT North Tract South Tract East Tract Total Drainage Easement TOTAL EAGLE CREEK ACREAGE * Acreages have been rounded to the nearest .5 acre. '11.0 1.0 4.5 7.5 2.5 17.5 6.5 26.5 298+ Acres 2.07 2.08 2.09 2.10 PERMITTED VARJATIONS OF DWELLING UNITS Permitted residential unit types may be mixed within Residential Tracts provided that total number of dwelling .units shall 'not exceed 4?0. RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work Shail be performed in accordance with the approved PUD Master Plan and applicable Collier County Development Codes. EASEMENT FOR UTILITIES Easements shall be provided for water management area, utilities and other purposes as m~y be needed. Said easements and improy_omen~S- s.h_~[l._b_e__d_onoJn.complianc, e..~ith the ............... 'Collier' CoQnty SUb'dix/i§ion Regulations,' or'its'sucees§0r'pr0vision. ' ...... All necessary easements, dedications, or other instruments shall be granted to insure the. continued operation and compliance with applicable regulations in effect at the time approvals are requested. TEMPORARY STRUCTURES During project construction temporary structures are permitted within all tracts of Eagle Creek. Said stn.~ctures may be utilized as temporary administrati ~ "~.;.-~ sales offices, temporary pro shop, temporary-construction offices an 2-4 IIl~'llfl I - g('~'l.q"2 Veto I'll l, lll I 18-0;.!,t1-(101 JUL 0-3 2001 COMMUNITY DEVELOPMENT · .SECTION III RESIDENTIAL DEVELOPMENT 3.01 PURPOSE The purpose of this Section is to set forth the regulation for the area designated on the PUD Master Plan, as Residential. (Tracts A, B 1, B2, B4, ES, C, D, E, F, Gl, G2, and M). 3.02 MAXIMUM DWELLING UNITS A maximum of 470 dwelling units may be constructed in all of the Residential parcels. 3.03 PERlVlTFTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Ao Permitted Principal Uses and Structures in.Tracts 'A, B 1, B2, B3, B4, BS, C, D,.E,: F, Gl, G2 and M: i. Zero lot line homes, detached and attached. 2. Villas, cluster homes and townhouses. 3. Low rise multi-family dwellings and garden apartments. B. Permitted Accessory Uses and Structures in all Residential Tracts: I. Customary accessory uses and structures, including but not limited to private · garages and private swimming pools. 2. Signs as permitted by the Collier County Zoning Ordinance, or its successor provision in effect at the time permits are requested. · 'CA I I R-{)~{i -[.)01 Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years from the initial use as a model. The Administrator may authorize the. extension of such use upon written request and justification. JUL 0 3 2001 COMMUNITY DEVELOPMENT 3.06 VILLA, CLUSTER HOME AND TOWNHOME. DEVELOPMENT A. Bo Co Minimum Building Parcel The minimum building parcel .shall be three thousand (3,000) square feet multiplied by the number of units on the parcel. Minimum Floor Area: Nine hundred (900) square feet. Minimum Distances The minimum distance of any dwelling unit from any fractionalization parcel boundary line, right-of-way line, back of curb or edge of pavement shall be twenty (20) feet. Residential structures may be constructed over water management/lake areas. The minimum distance betWeen princ!pal structures shall be either 0 feet or 10. feet. There are no minimum distances for accessory structures, except that accessory structures in Tracts 'F' and 'M' along the PUD boundary shall comply with the requirements as listed in the Zoning Ordinance. Maximum Building Height Two living stories ~OW"~S~ ~D' ~XRDEN ~AR~MElq'T DE~I~O PMENT:' 8/20/01 - .Il O{}~.Y.I Ver:. 0 ! t-,~I~RRY 8-0.10-001 - PW R K -2.%~'~'~0 Minimum Building parcel The rrfinimum building parcel shall be one acre. Minimum Floor Area Seven hundred twenty five (725) square feet. 3-3 JUL 0 3 2001 MUNITY DEVELOPMENT SECTION IV GOLF COURSE 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on the PUD Master Plan, as Golf Course, to include Tracts "GC .East", "GC West", "CH" and 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part t. hereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses in Tracts "GC East", GC West" and "CH". 1) Golf Course 2) Clubhougesl pro-shop, practice accessory usei of golf courses. driving range and Other customary 3) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course, subject to the provisions of the applicable supplementary regulations of the Zoning Ordinance, or its successor provision. 4) Signs as permitted by the Collier County Zoning Ordinance, or its . ..... .......... successor provision:in :effect at the time permitsarerequested: ..... 5) A maximum of two. (2) residential units in conjunction With the operation of the golf course as determined to be compatible with the adjacent uses as determined by the Administrator. 6) Golf Course maintenance. f-ac-it/t4es Self storage facility and related accesso~ structures for the exclusive use of Eagle Creek residents. JUL 0 3 Words underlined m'e additions; words struck *~' ......~ ....... ~,,, are deletiong. 4-I -g6(~12 V,~,r: 011-Mi'gRRY COMMUNITY DEVELOPMENT SECTION V TENNIS CENTER 5.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Ma~ter Plan, as Tennis Center. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land'or water used, in whole or in part, for other than the following: 1) Tennis Clubhouse, pro shop, tennis ce'nter accessory buildings and other customary uses associated with recreation centers. 2) Small commercial establishments,, including gift shops, tennis equipment sales, restaurants, cocktail lounges, and skmilar uses, intended to exclusively serve patrons of the Tennis Center, subject to the provisions of the applicable supplementary regulations of the Zoning Ordinance, or it successor provision. 3) Shuffleboard courts, tennis courts, swimming pools, beaches, and other types of facilities intended for recreation. 4) Signs as permitted by the Collier County Zoning Ordinance, or its successor provision in effect at the time permits are requested. : ... : 5): Water Management/lakes ........ ........ :.-. ~ .... ....... 5-[ COMMUNITY DEVELOPMENT SECTION VI PRF~ER~ AREAS 6.01 6.02 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on the PUD Master Plan, as Cypress Preserve and Mangrove Preserve. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1. Nature trails, boardwalks, shelters, etc. 2. Nature. preserves and wildlife sanctuaries. 3. Water Management Facilities. 4.. Any other activity which is comparable in nature With the foregoing uses and which the Administrator determines to be compatible in the District. 6-1 ,,~o~o..,, ,-o:,~.,o ~.~,',,,~-~.,~,o'-~°"r~ v,.~. n ,,..~,,t....,v COMMUNITY DEVELOPMENT SECTION VIl-i GENERAL DEvELOPMENT COMMITMENTS 8.0I 8.02 8.03 8.04 PURPOSE The purpose of this Section is to set forth the standards for the development of Eagle. Creek. FIRE PREVENTION" -- The Development shall comply with applicable codes and regulations. DEvELOPMENT PLAN A. The PUD Master Plan (Wilson, Miller, Barton, Soil & Peek, Drawing File No. RZ- 117a) is an illustrative preliminary development plan. B. The design criteria and layout illustrated in the PUD Master Plan ~hall be understood as flexible so that the final design may best satisfy the project and' comply with all' applicable requirements. C. Minor design changes, shall be permitted subject to County staff administrative approval. ENVIRONMENTAL CONSIDERATIONS A. A site Clearing plan be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any_ ......... : .'..~ '.'.:'. ':- :: 'sUbifafft[al :~qork off'thi§itei':': This plafi~'i,niY"be SUb/nitted in phases t©''c6i/~cid~' With '" the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible. and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. Il 1'7.r¥01 - 9r~'l.q"J Vet':. II I I-M pF:.RtI¥ NO I I fl-O.~l~l-O01 .pWRK-'~Fi,qO0 8-t JUL.'O 3 2001 COMMUNITY DEVELOPMENT 8.05. UTILIT]~ES a. A central water supply system shall be made available to the project. "The water supply source for the project shall be the Collier County system. The project shall be served by a central wastewater collection system. A County approved, on-site or off-site wastewater treatment and disposal facilities shall be approved and/or made available. c. All systems shall be coordinated and approved by the Utilities Division prior to their installation. d. Applicable County Ordinances relative to water and sewer system development charges shall be complied with. e. Utilities shall be provided to comply with applicable Ordinances in effect at the time permits requested. f. Construction plans and specifications shall be submitted to the County Utility office prior to the start of any utility construction. g. Appropriate utility easements shall be created and/or dedicated as may be required by applicable regulations. lt. Telephone, power and T.V. cable service shall be made available to all residential units. All such utility lines shall be installed underground. i. The Utilities Division stipulation per their memo dated ~Iuly 9, 1985 are ' inco_rp, orated herein by_ reference 8.06 TRANSPORTATION IMPROVEMENT Subject to F.D.O.T. approval, the developer or his successor in title shall provide the following at his own expense: A traffic signal on S.R. 951 when deemed warranted by the County Engineer. After installation, the signal shall be owned, operated, and maintained by Collier County. {1/~0111 t -~.l(i{e~ Ve.r. 011-MPERRY Nfl I I R. [l:l( 1-1101 The developer shall dedicate a thirty (30) foot wide right-of-way easement, if such easement does not already exist, measured from the centerlines of the portions of B~efoot Williams Road and Tower Road which abut Eagle ~~ ~,~~~ 8-3 YOL., ',.001 COMMUNITY DEVELOPMENT 8.08 8.09 8.10 WATER MANAGEMENT An updated water management analysis of the entire drainage system serving the proposed Tract 'M' shall be submitted'to the Water Management Director for review and approval. No Construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plan, i.s granted by the County Engineer. ELECTIONS POLLING PLACE Eagle Creek shall provide a polling place within the Eagle Creek PUD, primarily for the Eagle Creek residents, if determined to be needed by the Supervisor of Elections. MONIT~)RING'REPORT An annual monitoring report shall be submitted pursuant to Section 7.27k. of the Collier County Zoning Ordinance 82-2, or its successor. 0120/0 !-gG0~2 V=r:. (! II-ldPl~.lllet N0118-0'3(14)01 -IAYRK-2§,qo0 8-5 /,ICh Ju,,..: COMMUNITY DEYELOPMEN-T SURVEY RESULTS DEVELOPER'S SURVEY [February 2000] RESPONSES NO INTEREST OPPOSED INTERESTED 227/325 180 15 32 GOLF CLUB/CONDOMINIUM ASSOCIATION SURVEY [JULY 2001] RESPONSES NO INTEREST OPPOSED INTERESTED 126/190 ....... 124 2 Fo~lio Number 0000030180040002 Page 1 of 1 Collier County Property Appraiser Tax Roll Inquiry System Folio Numberll30180040002 PropertY]No Address SITE ADDRESS Owner NameHEAGLE CREEK UTILITY H I_NC Addresses]1600 EAGLE CREEK DR CitYIINA LES il StateilFL II Zipl[34113-8033 3&4 51 26 EAGLE CREEK COUNTRY Legal CLUB A PORTION OF GOLF COURSE Description EAST DESC AS SEWAGE TREATMENT SITE FURTHER DESC AS: COMM AT Total Millage Section It 3 s~ }tRange I 26 Acres 1.61 latea 53 Strap # l1268000GC-E 1.16B03 IIUse Code II0 2001 Preliminary Tax Roll (subject to change) Sales History Market Valuell $9,821.00 Date 11 Book- Page 1t Amount Land Value[I Improved Valuell Assessed Value]l $9,821.00 $0.00 $9,821.001 Exempt Valuel{ $0.00 Taxable Valuell $9,821.00 12/1987 II 1309-52 Il $96,400.00 05/198711. 126%2281 · II · $86,074.00 Last Updated: 09/24/2001 http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000030180040002 10/2/2001 01.13~ 290 COLLIER COUNTY ~Ec ~ PR M __~.~.~ DOC~o INT.__.___ IND.__.__. ~7~YI8 ~11:01 .... RECORDED 001309 OR BOOK 000052 SEWAGE TREATMENT FACILITY SITE DEE.____~D THIS ~NDE~UJRE, made.he ~%%' day of November, 1987, between EAGLE CREEK UTILITY COMPA~, a Florida corporation, party of the first part, having an office c/o MCO Holdings, Thc., 10880 Wilshire Boulevard, Los Angeles, California 90024 and EAGLE CREEK UTILI~f ~I, THC., a Florida corporation, party of the second part, having an addres~ at 1 Eagle Cra~k FIoricla 33962. ' ' W ! T N E S S E T Ii' That the party of the fir.t part. for and in consi- deration of the ~tlm of Ton DollAr~. in hand paid by t,h~ party of with all rt~;ht, title .nd tnt. er~t, if .ny. of £KI~R~.:~S OR IMPLieD, OF ANY 001309 000053 OR BOOK' PAGE IN WITNESS ~LEREOF, the party of the first part has duly executed this deed on the day and year first written above. In the presence of: EAGLE CREEK UT XLITY COMPA~ a Florida corporation TI t I e ~ V_~,k_l_.~;,~t~..L ........... -2- 0013'09 00005~ OR BOOK PAgE STATE OF ~4Ev~ ~ o~. COUNTY OF %3E%o ~eg.Y_ ) ) ~.: ) The foregoing instrument wa~ acknowledged befoue m'e this _~~% of Eagle Creek Utility Company, a F~ori~a corporation, on behalf of the refutation. Fi, rrnnc.~ Puchtn~ky. 919 Thtrd Avenue New York, New York 100~2 001309 000055 OR BOOK PAGE EXI'IIBIT A ~0~ TO DEED, DATE~NOVEMBER q , 1987 from EAGLE CREEK UTXLX~f COMi~A~, as Grantor. to EAGLE CREEK UTILITY I], INC., as Grantee All that part of the "GOLF COURSE EAST" parcol of th~ "EAGLE CREEK COUNTRY CLUB" Tract Haps am recorded in 1 throt}gh 5 [ncXu~ive, Collier County ~biic Records. Co,liar County, Florida b~in~ described a~ Tt'~atm~nt 5tt~ h~r~in "' 0 O1' UNIFORM'BUSINESS RT,'(UBR) 1, 'Entity Name CREEK:. i IGC:.:. Pflnclpal Place of Business Mailing Address ~5-~..¢~r.F.~ {)RIVE ~ EAg~Q:EE[(- DRIVE' NAPLES FL 34113 NAPLES FL 3411:3 LIS US - I' 2, PrL'~clpa~ Pl~-'-e ol Busif~ese. 3~. Mair.'~g ~ ' - Apt. 6, Nameand-Addmssof (::urre~. LRel~!,,~e__m,ff_ Ag~,_~t AMICO,- DASD J- 625 EAGLE CREEK DRIVE NAPLES- FL-34t13 . ·FILED May.. 03.,..2001 8:00 a: Secretary of State 05-03-2001 90935 009 **'158.75 b-~-eet Address (P.O."Box Number is Not Acceptable) FL } Zip Code 8; The above named-entity Subrn~ this statement for the purpose of c'mmging'lm-registared' office or registaredagant, or both, in He State of Floriaa. SIGNATURE. 9. This. ca~pmaac~'tisaiig~ln.tczsat~ ils_Jma~gibl,~ [ FILE ~WU1 D~ ~15~Q . T~ fi~ng r~qu~rement and elecls to do ~. ~ After MAY 1, ~1 F~ will ~ $550.00 ~e or~ia ~ back) ~ ~ake C~bek ~yable to Depa~ment of State ? 1. O~ICERS AND DIRE~ORS ~ , ~.~ LIP~, HERSEm NAPES ~ ~113 AMICO, DA~ J. c~-~.z~ N~S FL ~113 ~' -- ~ ............. - "* D Bel~ ~ SCHWA~, ~SP~R ..... ST~EE'T AOCe[~ CITY-ST-ZiP ~ N:~RES5 CITY-ST-Z~P NAME EI~ET Cl'TY- ST- ZIP HAME CIIY- ST-ZJp TITLE ..... NAME STEINEUAN~'HANSJORG .... :e~i'I~G[EOREEK DRIVE -' NAPLES Fl: 34113 ..... [] Delet~ 10. Becfion.Campaign Financing Trust Fund Contributlen. · ~.~,00 May Be [] Added to Fees CiTY-ST-ZIP TEtE.., ClTY-S1-~P N/lIME CITY-ST-2]P TITLE, NAME TTn. E ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS IN 11 [] Ctmn~. ·. E~ Additlof [] Ct'~:~8 1::3..A, dditior [].,Change [:3 Ntditior L-"]Chanlle I"lAdditi0r 13; ! h.e. reby certify, that the information supplied' with this filing does not qualify fo~ lhe exemption staled in Section 119.07(3Xi). Florida Statutes. I further certify that the information ~f t~;~_d'_o?._t.,l~_ ~ Or ,sl:f~eme~. a~ report is tn.~ ,a~:~. a¢~ th~mys~ureeha~~ame-I'egal effect'as fi'made under oath; that I am an officer or director ~.~pora. on or me recmver Or trustee empowemo to execute mis report as requ red by Chapter 607, Florida Statutes; and that my name appears in Block 11 or Block 121t ch~nDa~, or on an al~aci;,~-,e,~[ ~ ~,n addr~,,~,¥ with at~othsrtf~'empowerecl. /r--(~-, - ~ ,. ~z' . ~Jr/IVI~IUII OI K~DI'I~OI'iILIOII~ i"[i~C I Ill ~ FIoridaPmfit ' EAGLE CREEK UTILITY II, INC. Plk~NCIP'AE A'DDffES$ ' 625 EAGLE CREEK D ...RtVE N~LES ~ 34113 US Chard 05109/20.00 MAI-LING ADDRES ~._ 625' EAGLE CREEK DRIVE NAPI.F,g FL 34L13 US Changed 05/09/2000 llocument Nam[~,._ ~'EL~.. B~ate Filed 138046 592728771 10/15/1986 State ~ams , Effective Date FL ACTIVE NONE Registered 'Agent l~me & Addr~si AMIGC~ DAVID I ; I 625 EAGLE CREEK DRIVE NAPLES FL 34113 " Nam~ Chang~l':::0S/0111995- 7 ' A'ddr~as Changed: 0~/09/2000 , Officer/Director Detail i ..... l~ame &' Ad'd'ress Il Title D N~S F-L ~.1~. ~O.DA~ J. .... PSD N~LES ~ 34113 8~A~ ~R .L/I¥I~I~)[I Ul bUll. JUl ~LIUII$ l°Eg~ ,~ UI. -'. 625 EAOLE CREEK DRIVE D Annual R:eports · I Report Year 200fi . Filed Date 04~.6~.~99, ' · 05/09/2000 Intangible Tai'l N No Events No Name.History In farm~tion View Document Image(s) T-mS IS. NOT OFFICIAL RECORD;-SEE DOCIJ'M.E~S IF QUESTION. OR COl~LICT Page 1 of 2 COMMt8/tlOtX~R-Y-0t~.- ~:- ~~ ~~0: Tho~e o~os~ s~e ~o r~onse.) C~~N ~UTt~ M~n ~. ~k you, 702, yo= r[~t h~d, ~b~ swum inby ~o d~rk of~e co~s. (All wi~sa,~ w~r~ ~in~st~d ~ o~ by ~e ~o~ r~o~.) ~. ~[BC~:. Good ma~$ Co~[~i~t, F~ ~ischl, ~s.isa r~qu~.a-~D~ P~--r~, in ~f~ ~en~t ~ ~e ~g~e Cre~P~, Just ~.go over ~e · ~t,-~t~,~ a b~-~-~ ~n~tr.Tow~ Road, ~k ~a~d Tower Ro~, if you~e f~ili~. ~ Bo~v~d..w~uld b~ Raoke~ Bay over he~, ~d I ~ .... ~c~d bY.~o-P~-.~m~L:~ =:~e::~en~mt is-to ~let~ a-us~, wi~m~ ~,s~a ~tEtiCa..fat t~~. o~y.. ~o~ M~ag~t PI~ go~, Comp~he~iw Pl~g r~O~ ~at ~is is c~si~ w~ ~ ~~ ~~~ It's not a co~¢mi~ us~, I~ is ~ ~so~ ~ ~id~nt~l since attached directly ~ ~ condo. So it ~s de~~ not to Page 12 .IILU l/~d I Minutes O'//t V/ZOO 1 1( Page 1 of 2 July 19, 2001 Anct~..esa~rt, tI~t~-~c!~ul~ttb, tae~lity~-,oming off Tower Road. ~e ~c~i~'s ~i~ ~ b~ eider, say, golfco~s~ or sto~wa~ This is ~ly a good e~ple ofwht our new public p~cipafien pl~ is 8oing ~ hop~hlly forest~l ia ~, ~, The p~~ ~ I h~ ~~-~- m~i~t ~ like a si~ffimt, e~ge to. ei~e.r of us. And ~en once ~e ~v,ffising w~ out ~, we ~iv, d -- I ~w you · p~ket of lepers. In ~d~tion, r~~. ~e phone c~t.-~$.~~d, ~ t'd say a ~ozm phan~ Of people ~ing ~fions ~t ~dn'[ necm~ly objc,[ w~e a lot ofp~pl~ who for wrio~ reasons -- most of~m being ~t w~ probably ~o obj~on'I.r~,[ved ~ mos~'~at how ~uId ~i~bc.affiy for res[d~; ifs evm~ly going ~ ~h.~. ~' ~t', go~~~,. D~pit, ~o~ obi,cOons we' still r,~omm~nd apptovfl,. It is a ~c. ~ ~e. ai~. ~r ~o~tion mviow,r at first ~d ~ ~,r~ ~~:~I ~s ~.~; Z' -They h~ a-'~scussion betwem low ~Imo of u~e ~om.~t ~e ao¢o**. ~mT~w~o~ would W~e.~mc.re~ts pmvSd~ ~ you? · at~ Any [a~ons Page 13 ...l m'uwsc--n ua, mr.~ttc~---.t.r,+,+,+oc t~rrrm~.page~- t ,+ocsca/'c'--lltoc sizc~--v'I u, I Zz...u..~c-% ucc wrap-~ }IU/I/UI Minutes III/I~/2VO 1 K Page 1 of 2 Mit.. R.BISCHL: You can see ~e acc~s right t. bere. MK. ~ISCHL: It w~ u~d,r demolition at ~ t~,. I ~ it's COM~SS[O~ ~C~$0N: Well,.~t woul~'t p~ia~ ff_~ di~a't Mve a'p~mit m do $'is, wo~d i~? ~. ~ISC~: It w~ sup~ised by ~e Sm~ ~ have a d~ig~ pemit. ~~i~s-~i~om ofw~wa~r ~M~SSlONER RICe,SON: So ~t is ind~mdmt of ~. ~ISCHL: Yes. ~y could, d~lisk~e ~e co~d s~I1 b, ~,. PUD. It% ju~ ~t now ~at ~n~M sewer C~SIO~~CH~.S0N: Haw wo~d.~e. ~id~n~. "'Wi~i=.~ea ~Y. g~ ~? Would ~ come o~ of-- is ~at E~,~ on Coll~M~%~, ~d ~en ~ey world ~vel down COMMIg~~.~~SON: ~ I ~v~t be6m dom · &t ,ou~ si~. That's a g~d m~anoc as wee in ~.. ~ISCHL-:-. T~-~ i~ ~'~c~e COM~SSlONER ~CH~SON: I m~t gene out of Pago 14 ...z m-u.w scr.nureruo=- r.r~:-t-ype--rrnagvectntge.-- ~ Jvc scarc-mcc~.z~-o t v, i zzu~c-u,ua: wrap-, II9/IlUl lvimutes 07/19/2~o I K Page Iot z July 19, :t001 COlV[Mt S $1ONIgR-3~E P. ICA-TH¥ r You-can%, COMMIS8IONBR ~C~gON: So ~'s not ~e way ~y~d g~ o~ -- M~,.-~-SC~:.- ~.---~ ~~ ~ ~e t~e h~ ~ roach, a li~le se~f. con~d portion -- -- CO~SSIONER ~CH~SON: O~y. I ~s ~es -- discussions he. em ~ ~d ~e p~er, ~cy &dd~ ~at ~~e ~s I~~-~t.m ~mt-intem~l c~culafion. ~~SSIO~K~C~SON: So jmt m cl~ ~~SSI~B~-~Y: ~d ~le we're on ~ffic. wa~d orally b,,.~ my ~d, pr,f~abl~ ~: gong out on ~llier "Bo~~ ~en ge~g on 41 m get ~ a smrag, ~ili~. so it m~ mm~~o m,-~at ~~~[- ~t would k~p m~~ offo~ mad. s~in ~e ~, off of 4i. "MR. ~GHL: Offof4t, d~t. ~e~p~. m h~..~.far ~ ~.oj~ over ~d above wh~ ~,m f~ ~o w~ws~r ~,nt plm~ or -- if my? I m~, you'r, ~ RRna: ~m~myou'~b~ablo ~ s~ it ~om nei~bor~g ~ffi~s, b~t it will be l~ds~p,d ~eo~ng ~vei~mcnt Co~ si~~ ~ l~dscaping ~at w~ curtly ~ p~ for ~ w~wa~ ~c~nt P~ 15 Ltl L//lilt I Minutes 07/19/2001 R Page 1 of 2 view, and maybe tha~~ioa-fo~l~pelitioaer. MR, RIalgCI-IL.: I don't recall ~t, .... CO~ISSIO~R P~DY: O~y. Thls.~ ~ ~e Ea~e C~k p~ple ~ve ~ ~me out ora ~m~ity, 8o on ~'Coltior Boul~d, ~d ~m ~ ~ Tow~ Co~. MR. ~[SCHL: As I s~d, thb w~ whg -- o~ now public dovolop~ ~ondu,~d a s~y, md ~~ng to ~e ~ts ~~~,.some a~ reaiden~ who Mw c~~ us don~ COMMISSIONEK ABE~A~Y: Fre~ some ~i~afive ~~-f~. FolIo~-~~-~~ ~e~s there's? It says ~iv,d on July-3rd, It sounds ~ke it cme from -- Page 16 · ../UFO W8~-'I-. lltIrfl.r'ClU~,~ 1' £ ~qr~(~C C~"'--IIII~r~C~;IJit~-r-- i /'Oi2 bT~"dl~--I'I1;I~'IST'~-"-O 1 ~J~ 1 Z, ZiY'(Sd;~-?J~l, JO~ WI'ail--( wllnlll:~5$ U I/.I.~t/ZUU 1 t-'age tot 2 ,fxdy ]9-, do~/t knowwhy~Fw~ j,~...-ecm,~l~reviouCy. I don't~o~ why we s~p o~ o~ s~'r~e[vefl", now. ' ....... ~~I8810~R ~B~TRY: O~y. MR..~Ig~; -~ ~-...~.I ~,~, That's ~ in~t PUD ~d~e on ~e~ -- - CO~~IO~K ~E~AT~: Next que~on -- ~-.~t~v~.~ ~-c~ P~. ~e PUD ~m~ ~ h ~ ~o~t dog~ent. - COMMISSIONER ABB~AT~: Okay. T~O a~li~tion for public.~ng su~iSM:~W~Mi.~v-h~same ~rl~fion~ of c~ sections., ~on~i~fion of ~ac~, ~i~ pl~-~v~, I ~sume ~at is because ~ose ~gs ~ ov~en by cvcn~, ~ose If we approve ~is pe~fion ~day, ~ we approving ~c M~ ~~Y; Co~/ion~r, wMt ~e'you~ef~ing ~ifi~y? ~ pago ~ you ~~ for p~~, ~h. h ~d~ a oov~ le~ of 12 A~ilT-~-I ~e~ly-one ~~ ~s. TMs ~s ~I [~ed out, .~, ~I$C~. ~k ~is is ~ fo~lt ~-we usc for P~'to P~ r~on~ wMch ~, in ~ a PUD · ~ey% o~fi~ b~au~e ~t l~age is not app~eabl6 ~ymo~. P~ 17 alU/1/Ut lVllnutes UIIISqZUUI K I-'age I Ot 2 ~. MS, PE~Y: Y~s. ~uee~ by ~c petiti~ w~ ~t a~omey.~so goes ~o~kmd'b~ leg~ petition re&y; is ~t right'? rigkt. - CHM~N ~U~O: 0~ co~ a~mey is no, h~e fight MS, S~D~: I'm ~o=y, [ h~ D m~ ~ impo~t phon= · ep~tione~ o~Y ~o~md~g was~a~r ~mt md ~ ~e sdf~rage. You ~ ~so put MS.' ~ENT:-Y~.-. Mvo-~doWi~-~in~l~e' ~is.-~ fitfle-~bfifle-~at mfl~tswhafa in~ ~e motion.. MS. ~~Y: Comission~, jm for some cI~fiafioa, ifI rosy. ~ly, wh~-w,-~~-PU~t~PUD r~one% if i~a jua ~d while we don't subs~tiaI[y c~e ~e ~nt of ~e do~m~ may na ~ly ~ymoro. -So somefim~ you'll s~ ~ngs of~is na~m~u~ ~k_out wrap--( 211J/l/t/l ~'a~e ~ o~ z July 19, ~OI)I MS, STUDENT-.:, tlhink ~ofthis.- arid I~n not sure becauav I ~v~w so ~y of ~eso -- but ~e may-~ some sfip~ons ~out u~li~ or ~spo~fion or som~ing ~t I Md_ ~k~ ~ ~et~ ~ .......... COMMIgglONER ~B~ATHY; W~ll, W~'ve j~t.~ent minu~s on ~is, ~d ifff ~d b~ no~, even in p~s~g ~ ~e z~ -- ~ ~uldn',-~~~ fe~..~i~-~ff out on p~o ~b-l, ~d ~ ~e o~ own d~eision as ~ whe~is subs~fi~ or insabi~fid or wko~er it's ou~t~,_.AE ~ has to.do W~'B ref~n~ ~t ~ ~o ~e even if it's ~ no~tion ~a¢ C~I~AN ~tO: I beli~o ~, Budd h~ a COMMISSIONER ~E~ATHY: I ~ some mo~ qu~s~ons, ~~ ~IO:-~~ll ~ Mr, AbbaCy, you definitely Mve ~e floor for queens. ~~IS8IONER ~NATHY: Do we ~0w how MS:-PE~Y:-~e C~k is appmv~-for"470J COMMISS[O~R ~~AT~: Do w~'~w ~w ~y ~m ~e propos~ for ~is a~r~e ~M~S~~ ~A~: W~t, Mr, ~ddy s~ms find some ~mfo~ in ~¢ f~t ~a ~ey wofft ~ve't~o out on~ · ~MMtSSIONE~HA~~ They ~I1. .../vro wser. ntrra ruoc;- r rq~,tec tTpe~nnnge'ocpage-zve~ sw, ue-m~ size--o x,.,, ~ z zuec_U-u,V~ wrap-~ COMMISSIO..'/~..R-At~AICAT}~:.--- ,ert~nly a round-about way, ~t I donk ~d-my ~mfo~ at ~1 ~ ~ f~t ~a ~ey have ~. ~me out oma ~m~ Road 951 whoa you've ~t ~nt~n it. !t'~ w~11 ~d goo~ ~at fomi~usly~e long~ gong to be ~ere, so we'll ~o ~ place md put o~ self- I ~n't ~vo ~ ~h ~e [smo of who~r =o~e~id~ ~e going ~ be able ~ me ii ~ ~ ~t ifs a b~ i~ m m~o p~ple come om md ~e a ~t ~m,-~ ~ Tower.~, ~ ~ek b~iness, come eu~ md h~vem m~e Ieffm b~k ohm 95I md mo~er le~ mm m ga b~k in~ Eagle ~e~. ~at's a coekmmy ide~ ~t ~erh~ ~ CO~SSIO~R ~C~SON: How do you ~ly feel ~out it? C~I~N ~~--Mr.-B~ - COMMISSIONER B~D: Ij~t w~t ~ bmu~t up 5y Ms. Yo~t r,~d~8 ~e ~nomie n~d for ~s. If I'm ~t mi~ -- ~d ~ or M~or~e, you ~m wren[-- it's my ~n~r,~d~R ~t econo~ n~ lno~ wo~s, if-~.~ .were-a.requ~a for~ g~ satori, it woul~'t b, poffinmt far o~or g~ ~dons to ~m,~n md ~ -- pr~ont ~fimony ~at wg don't n~ m~ g~ ~elf-smmge ~ili~ ~ing ~elf-s~g in ~e cmmm~ wcutd in ~d say ~t we ~n't n~ ~e~ ~ket so~ we live in is not a rel~t M~ ~ISCHL: ~'s oo~ec~ ~d ,~islly ~th ~s. Th~ ...1UI'OWISCI'. IltlIH f (J:CI~"- I i ~octyp~'--IrIRt!~IJagC'--Z I Ocsl~-dl~--rlteC~rzlw-91 v~ l z z,oocc--u L ILII l/[J 1 Page 1 of 2 July I9, ~1}I ~_~~ ~ w__,r ~e' p__-~_'_~., i.~ ,._~._~,. .... CHAIRMAN ~I0: A~ you don~? O~y;' .Ms. Yo~g~ a qu~fion. ~~SS~~Y~O:' Y~' ~.W~t~~ 1'~, ~ ~fer ~,. "-A r~ts of~o s~ indi~ ~ ~sidon~' d~i~ for ~ch a smrag~ ~i[i~,'" ~r~s~ a pref~onc~ for ~is st~tgc, - - ~, P~Y; We Mve ~;t ~fo~;fion, Would you Iikc COMMISSIO~R YO~G: Yes, MS. PB~Y: O~y, W~ receiv~ ~pro~tely 32~ p~s~nt tim~; 32 r~sidm~ expressed int~esk ~'inT~t, s~d wha~ si~ ~ ~ey w~m~ 5 bY 10, 10 by 10, ~e.; 15. t~idcnts ~o~ ~~ISSIO~R YO~O: Bo about ~f-, ~most hflf not m~ond; 180 out of -- M~; ~Y~ ~~~'~ ~ w~t it -- ~~SS~O~ YO~G: Oh, I b~gyour ~on. MS. PB~Y: A~, ~a~'s ~bout 320, ~n't it? .... COMMISS[ON~ ~GH~SON~ Sino~ ~ brou~ up ~is ~fio~i~fion o~ - ~ I ~i~ his ~ti~i~on of a ~t if~y ~ go~g~ se~ ~ off for use~ ~d wouldn't ~is still a~Iy, o~ LllIJ/I/L~I · Minutes 07/19/'2oo I K Page I et' 2 ~ Create PDF file from pages ,~,.:_,....~24' to 1~:~..-.-" ~ July 'I 9, ~ 0I .CO.._-n~tS~IOlq. E.n. P2C/q. ARDb-~I~.'- W~,-this is a tract PUD, ~d ~'r~ ~p~~~gto ~Ht off a pie"offs f~ a -- ~o~er use. Isn't ~ a ~6o~iz~on~ or ~ I h~di~ -- what-used ~-be ~complish~- ~ugh-~e old ~b~si~ m~ -' p)~ ~d ~D fo~ ~ti'0n~i~6On, It's ~st s~i.~ ~t's -- ~is br~gs ~g ~is PUD, ~s is m old, old P~om wh~ 1~ wh~, 198~? An~ ~a~a ex.fly why -- when I revi~w~ ~eP~ d~-- we don~u~-~~~~~. -And ff I recall, ~e ff~tion~i~an, it talks about how if you do ~at, you got~ ~me ~n for a $~ si~ pl~, mu~h ora s[~ plm or~c, ~d ~t ~ my ~x~ point brining ~s P~ up ~ oux~t s~md~ds, b~use wh~ you do a ~ ch~ge a use, yo~ ze~opt ~a~ whot~ PUD, ~d ~ Mw i~ old ~ff ~at we don't d° anyone pu~ ~e ~o~y ~ ~ ~sifion ~~1~~-~ ~'~~ ~'~ ~ ~"~ don't that's b~n ou! of our l~~,abo~-!89- or devel~er proposed was ~at one -- Ms, S~d~t, I ~y WOUld like ~ id~ntif~e~ ~at w~'~ ~~~ ol~up ch~ges, ~ose ~pe~ of~, [ ...../DI'rOWIit~I' I ltI IH-t {;Ir. RJ~' I' r ,-},~'~e~.t y l~2--m~g~Oc Imag~--zo {~.s~:al~rt t-oe srze'-o ira, 1 zzxJlx; c--'o ,xao~ Wl'itp--~ .......... .IIU/IlUI M_~nutes 07/19/2001 K Page 1 of 2 presen~ h~ aad ausweriug q~fious on ~s~ ~divid~ ~d I ~ ~t's som~inB we ~ work wi~ ~ ou to ~ sum CHAI~N ~UTIO: ~ you. I ~ink ou a re~l~b~is, H~ do w~ ~ow when ~e PUDs And c~ ~ey be uhmg~ for just ~y 8~pl~ front so ~t w~ ~ow. - ..... CH~ ~UTIO: ~mk yom O~y, Do w~ ~ him for his k~d ~d pmf~sio~ ~mt of m~ dmng was us~ ~ a ~wag~a~ont f~ili~ for ~ ~a81~ ~k .ll LII ll~Jl Page ! et 2 ..!tily !9,14101 I.i'~p~ you can s~ O.is. T!,~.i~ [[th~subj~-sim. of ~, si~ is ~0 ~gto ~k Com~ C~b ~lf ¢o~,. Dir,ctly of ~e si~ is ~ ~me~t r~io ~w~ aad a pfiva~l~-o~ w~ouso-bfil~g. ~~y seu~ ~ ~e ~o-~m~ golf vacmt l~d w[~ a singI~f~ry ~e loca~ ~te a ~~ ~om Tow~ ~e sewag~~t'pl~t con~n~ two l~rge m~ apprax~a~ly 20 f~ ~ heist ~d bright blue p~n~ time' f~,' ~ residm~ of ~glo C~k ~cep~ ~e ~ent pI~ md i~ pr~smce ~d not ~t ~m ~e prope~y ~,.~uSo a ~$~b~to tC~ ~fphy, Or p~cnt a negative visu~ eff~t ~ ~, h~m~wn,r~. To o~ ~owl,dg~. w~ not offm~ive m ~e rmidenm. · Sinc~ ~ pi~t-~ ~o ~ng~.n~efl, .~w ~ us~ ~is prop~ fa ~e ~e b~c~e ~ i~sue. In Fobm~ of 2000, ~e Cr~k Prop~ffie~ ~II~d it~ ~idmt~ ~' fom~ ~ fei[awing infomhon: Appr~~y 32 r~id~-oxpr~d a-.~~r such a sel[s~sge f~ility, 180 p~ple iMica~ no in.st ~r a ltcrago f~ili~ .add~ ~e ~ambe~sup, ~.-Yo~ ~d it~,-like, 221. ~at~s how m~y peopl, z~poni~d aide 323 a~ ~a fim~ ~a w~ a~t out. rd I~e to ~Ik about some si~-~la~ iss~. F~st of~l~ ~e of ~t v~ ~ ~ili~, proof oft~id~y will b, ~uk,fl. If ~~, ~s will b~.e~n~~ itsuoju~ lik~ o~er ~n~g violation. It's ~ ~ of ~e d~velop~ · x~lusiv~ us~ or,lc ~k ~sid~ts. -A~o~ ~ ~e ~ili~ ~~y be.from Tow~ Ro~. Pa~ ~ ¢ gage I O~r 'Z .July 19, 2,001 ~t s not p~y-po~,,~.e.to pm~de access re. eon beiag is ' '' m~ly, Th~e's · c~ress pr~e~., as you c~'s~, ~mcfly no~ of ~e site, ~d it wo~d ~y ~o golf co~e inmgflV. The ..~~~]y low ~c ve!~ g~em,~.by ~i~ ~ype of se~.~mge f~i~ writ not e~e~ ~y Mver~ ~p~t on madwayo. ~,xt.Pd lik~ m ta~m ~visibfli~of~e ~mge ~, o~t, i~ curacy ~Iy b~,r~ ~m view by~ sma~ ~a~o n~t ~sidm~, which ts a~pr°xim~17 600 fo~ away. ~o~,r isle i~ ~,zmi~ ~d ~ of o~a~on. The gacili~ Mil b, m~mIy fen~-~ ~.~t1-~ by ~~ oy~m. f~fli~ will not be op,n ~ ho~ a day but wiI[ be ~ keying is at~o.g~d ~ Tow~-Ro~ Clubhouse. pro shop, sm~It commercial ~bli~bmen~ 5hops, ~ ~1 loan~, or r~~t,-forOe-,x, luoive p~m of ~, goIf co~e. Howov~,' given~e loea6on course m~n~,o-f~l[i~ ~d~, ~ tow~: to ~ ~t; wo do not ~.~k.~se us~ ~e f~i~, tt is ~ i~-of ~he d~elop~ provide a m~h less off~sive uso ~ ~, s~g~~e~t ~st would ~so pm~de a b~ncfit ~ ~ msid~g of Eaglo~e~ who w~--to -~ga t~t~-s~sge., f~iliW. If ~e residers donk w~l ~ use it, ~at's ~k pr~mg~vo;'however, ~ ~ ~e ~u~ who h~ve ex~essed ~ in~. ~ it would. bee ~mpa~ble us~ ~ven ~~di~g ~, ~ ~id~nts who don~ use the faciliW will not be affeot~ by'~ lo~oa, a~ct ~ golf play, ~d it will bo prop~ly b~ffo~. Pago 25 rage t o~ .z lldy 1~t, ZOOI Yaaritaff ha recc//p, iz~.th~.coml~ibilii¥.o£this proposed ~d ~ r~mmend~ approv~ of o~ request, I would yo~ favortN, oonsidor~on of~is rcqu~ ~d Mr, ~ico ~d I C~N ~~0: Ijust w~t ~ ask on~ ques~, Maybe MS, PE~Y: Now, '- C~~AN ~O: Or - ~ 325 s~ey l~rs wont CH~~N ~UTIO: ~d 32 om, b~k wi~ MS, PB~Y: W~. ' .... ~AN ~~, .T~'s ~id~d s~ong? '~ ~mrost ~1I grow ~oM~ kow ¢1os6 i~ is ~ ~Mr homes O~I~AN ~UTIO: 8o, ~ly, yoWre ~ing a co~ot~on, b~n how tomy nmb~ of unim ~ avaltbi, ~y ~ wo~d bo.e~~nm~t. Thm'$ wh~ you i~a ofs~ong in ~, l~r? - - 'MS. PB~Y: Yes. ~MMISSION~ ~~A~Y: S~oag is a N ~ong is a r~ s~gh. ~d I'm Mving a liffi, diffioulW ~o. I~o~d not consid~ ~emt of ~e~pte ~ live ~~~IONER PR~DY: I ~ yoU'd havo ~ look at ~e number of ~v~l~le ~ ~ ~ c~n~ b~ on ~age I ox z "'~ ......................... 2.9 !. ss i'";:i'''-~'''~'--''-''i?~g~''*~i'~g Create PDF file from pages ~ tO ~ IL~:~,~:~::~J .~oum¥..populafion and se. if 9 peanut might bo ~ high number of people th~'~ have ha~erest in a self-storage unL ir~ relation to, you know,'the oounty numbors. I doa% know whether it's strong or not .stm~. Nine percent doesnt.somali Like-i~aaroag,4'.rat ifyou-{atcethe number of available storage-units'in CotEer County and take a look at ~e'2~'0,00-0 popul~lion, that may ~ome out tn about 2 o~ 3 porccnt of .the popular:m, ~o, you.~ow, 9-woutd-be-veu'y-~ng in reI~t/on to that number:. ~ CNAIlt.MAN RAUTIO: In relation tn .t. he whole county, COMMt.$ SIONBR PRIDDY: .-tn -r-elatien-to -the whoIe. C.H~tRMAN I~UTtO: I~m-.~titl not sure th~ tha'~s a f¢~ible way to-'look at this, but I'm open to information, for --COMMISStONEgP-RIDDY-:-.Bert-them-again, fhat's art eeonomic-&~clsi~n thatwlm~e,r's going to put up th~ money to th, faeili~y, if h~ builds iC and no on, sttows up, thaes, you know, tdndofhistougt~ tue&. I nmm~, ifl~ feols s~roag ~xough going in up front ~-risk-a coupio-lmmtr,d thousand dollars or whatever it takes to put this up lla~ 32 peoplo or 9 per%hr is strong, I think he's probably ·. got it IL'tf~ botterfe~t for-that ~a. perhaps wla~we.wouId. COMMISSION'BR.'RICHARDSON: Mu~t~m Chairmau, may I ask aque~on? CHAIRMAN RAIYttO: Y~s~-you may. COMMISSIONBR RICHARDSON: You iadicat~d in ycazr earlior rem~ks tha~ the use ofthes, units would be restrietod to peuryI~ttxat own or live.-in'gait~ Creek.* MS.' I~ERR¥: Yos;'sir; COMMISSIONER RICHARDSON: And they would lave show lrro~fof ~atb,~-or~ tla~. ~uld- got- an oppommity to -- MS. PERRY: Tcrmnt-a:unit, ye~, COMlvHSSIONER RICHARDSON: And if tl~y -- thftt-tum~d out not. to b~flae cas~-i~ wcratd be a-violation, t zoning viola~ion. Pag~ 27 ~vnnures u II l~/ZtJIJ [ Il rage Iot z COMMISSIONBR KICHARD$ON: Then my q~t~ ~ for ~ w~n ~P~7 code ~'fareement perso~eI e~or~ PUD con,rich's. CO~tSStO~ ~~~N: ,W~t, no,. w~t, ~e fact reiflents' is p~ of the PUD7 I di~'t r~ ~at. M~ ~tSCHL: COMMISSION~K-R~~SON: ' P~vision 'far a P~ use, ~d we'd be -- ~ey'd b~ mqu~g a co~erei~ ~e ou~i~ of m ~sso~ to reside~; ~t commemi~, ' ....... '" MS, ~Y: It'~ not diss~fl~ ~m ~pri~ golf coupe or CO~SS[ON~-~C~SON', ~d o~ ~de e~o~ment MS. ~~Y: ~ c~a~ eirc~s~ccs ~ere ~e -- fo~ ~y a fl~o~ent sine con,pt ~ way, ~d it would be enforceable, MR. ~tSCHL: ~d ~ ~.~ve ~rson~-~wl~ge of~ ~Uni~. '~de e~om~, went out ~em w~ some ~n4 of P~e 28 Minutes UIIl~lZUUl K ~age I ot 2 C.3t~N P, AU~:..M~, Wolff~'y, you. have a comment? COMMISSION'ER WOLFLEY: ~d frs me~y a ~e~ one. ~v~~ ~ ~~&~. ~ w~hi~. And itjue ~e~ me-- now y~g&at nobody ou~id~ ~ve~ w~ be a~le to ~nt a ~it ou~ide of ~e E~gle ~eek PUD; *is ~ ~IS~: ~~~. · ..... CO~IgSION~'~LFLBY: N~v~r ~ilL ~pp~? Even if ~. ~SCHLr'tf~k~ ~ p~one~ ia ~ng. You're more ~n~ about ~e solf-o~M ~t of it ~ ~ ~vd on ~6 Mgh~ysl So I'd liko D ho~ a few moze ~¢nts ~m our 'Wils~iller, C~I~~ ~UTIO:. ~k you. MR, ~Y: Good morning, A~s -- as Ms..Pe~.kas iMica~ ~'s ~[Iy sever~ ways ~ ge~g ~ ~e-~, It is ~l ex~ You Mve to go ougid~ ~e ~Vdopm~t to got ~ ~i~' p~cuI~ siZ, %~ ~ss point ~at ~.~~ly S scu .... is ~ ~ a~s o~of Co~ Bo~ov~' ~~th ~e gs~s' ~d co~ng b~k ~~ Tower comMg.~ ~e sit~ iii wiy, l~Ss is flso iv~l~blo -- Ee~e C~~s ~go~ ~ ~oppMg ~n~r, ~d for ~ose ~~don't f~l ~fombto ~ve~ ~ R~v~d could ~nly go out ~is way ~u~ ~e sho~ing eentor ~c~ 8~ ~ ~oot Wil~s. degm to To~ Ro~, P~q~e 29 lvllnutes u 1! I v/:ztJu I It l'age I oI :z .lmok .ir~ .th, sim thi~..way:-withot~-ev~.go iri$. to ~llier B --~e~ ~.~to ~ day at ~c most visiting a ~ite ~ke ~s -- I ~ve one of md-~t ~ it mo ~a y~, ~t's probably mm.~m I else ~ay. ~ey don't go ~ ~e si~ sp~ifi~Ey ~ ~ ~t ~ip, smewhor, eI~ec-But th, y would havo ~m~h~o~r-~p obviously ~at p~ple c~ u~e. ~ey re~y'don~ f~I eomfo~ble maMng of c~d-koy sy~t~ -- code ~m ~ ~e m~den~ use to g~t ~ a ~ola~ problem, B~if ~e county M ~~ut do Mw ~de cnfore~ont p~oc~. Th~ fred ou~ ~t anybody Ltl[J/1/[/1 lvnno~es Ull ly//.uul 1( I-'age I OI/- & .. .mistx~ thaiahat's ~ ~.~ ~ua-Iike ~ th~e's any tonal pmbl~. '~~ ~I0: ~ o~r ~~tSS~N~ Y~.~ ~ may-~ ~ ~oli~ qu~sfi~ ~ M~e, ~s p~t oft~'o~d ~ver b~ sold Offby ~e ~d be ~ ~ a co~em~'f~fli~ PUD.do~~, ~k~fld be ~16, But sin~e ~ P~ sayg ~ ~e of~e ~d~, it would' s~II haw ~ b'~ for t~ ~e of r~s~. COM~SSION~ Y~O: O~y. ~w ~~blic ~~. ~A~~ ~~:.--~c ~ y~ ~ for ~e ~o~. ~oo~ mo~ng, MMv' ~~, ~d good mo~g m~b~ Wi~me tod~y--a~omp~ng m~ he~ ~daY is ~o~r memb~ ~ ~c~b bo~d~e cu~nt ~d ~e i~edis~ p~ pr~iden~ of ~ ~gIe ~e~k Condo~um ~scda~on. O~ p~ose ove~I ~d~y is m resp~lly ~ue~t a 60~y ~n~ ~ ~¢~ for ~e Eollow~g r~ns: Being p~c~t who Hve beyond t~ borders of~e Un,ted Sta~, ~e away f~~p~ at~ ~. ~ese &us who live on ~~ ~ nofific~ I4"m 16 &ys ago, ~.we ~i~ away '~ ~e prop~y ma~"have"0nly ~enfly ~dved it P~ 31 .../DTOW 8~I'.TItHU (ill)g-- i 1 ~O6 t3rJY~--IIrtil~t~06pll~--o z~13iitC--Llt~,;SIZ~--O 1 t~, ! zZUO613--U~Y~ WI'al)--( LI-i ~d/I/U 1 July 19, _q~__ee~ore~.~ haw b~g~:~bt~ :o ~ aEo~ ~be~ to find out adjaz~t to ~c golf~s~.' ~ni~ ~s. W~ ~'~-ad~_~ ~m~ opinion'from ~.~p:!~ed l~gE cou~l ~ ~ wMt ~:~.~ ~~i~a?.~on~ ~ ~~. ~d for ~n~u~c~, · ~ ~e somewMt ~~[e'~d even mo~ non, ming rolu~ us to t~t more info, etlon ~m o~ memberS. We have I ~so w~t ~ point o~t ~t while ~ sere~i' ~is h - ~v~l is ~ about is wg~fion -. ~we~ ~fly h.~ p~a~K you ~, r~ovi~ which will ~-~sive Ia~oapi~, nat only ~ ~ia..hei~, but But ~ ~~t ~at ~i~ is ~~ ~m vi~, it w~ sz~n~ ~om view ~til ~ s~ed a yew age,sire p~per '~ ~difion ~ ~is, wMn[ h~ about all offs for ~gle C~k ~b~, ~ have ~n ~ o~ ve~ qukk s~ey ~ong eoa~in~ own~, who ~o judg~ ~ bo ~ most ~ely p~plo to use ~is facili~ because ab°et half of~e eon~ini~ o~s do aoth~o 8~ for &og oo~mMims. A~at ~90 -- ~o ~ I90 ~~ o~s -- w~ did a ve~ q~ek afro zoadOmiM~ ~ao~ia6on did g ve~ quiok ~ey. ~, ~~ ~e~~ ~d.2 w~e for. O~ issuo here ~y is pag~ 32 .../oro w s~I'. IILIIU f LtOtJ-- t i qq~4~ typ L'--lr rrdgt$OLpti~-~o o t~ctug--Lttt~Lsizg--o tu, i zzu(~ C;--U,u~ Wl'ttp--4 il IU/I/U 1 lYJLtllULt~b; UIIZ~I/.,UU1 It. 1"ii,C: I UI July 19, 2001 th,it be, ca~sowe ~n%haw'a grv~tJeat of ~fio~ in ~se ~n~ of ma~n, ~d w~ b~liev~ ~t o~ m~bera do not su~o~ ~is -- b~t w~'re not.~ty pro~od b~o wdr$ inox~ien~ in maters Iiko ~b~tia~ros~n~fi o-n on- ~s ~. ~~~ ~I0: OkaY. I ~v0 it's ~o pr~oga~vo of · e pe~ to ~a ~e or ~'~nv~d ~d chme~~hat ~e ~~lt-'va: for, M~ofi~, ~o~ld yo~ provid~ . PI~ng ~~sion-~ ~ine. ~t usuflly petitioner stuff ~ue~ a eonfinu~, ~ey ~e usury ~ed. I - ~n't ~w. if ~e p~aer ~y ~i~h to eon~r W~e m~6 ~d WiSh ~di~o~ t~e to, yo~ ~ow, work ~ ~e "' residents, public ~or~. ~. Prid-~ COMMISSIO~R P~DDY: I'd like t~ ~so point out ~at, yo~ up ~d s~d ~ey ~'t wmt i~ ~'a not a gri~a ~at we're having - to baseo~ d~isionon; So;yoU'~ow,-~e~t~t~e~'s peopleor a.~om~l o~e, ~u ~ow, isn't a he~ eo~ as to whO's going ~ ~ay my w~, Now, what ~ may ~aw ~ say M ~mony may shed some till. on i~ but ~anly-I ~'t -a~po~ a continuance b~ed on, you ~ow, ~e f~t ~ey ~t ~ b~ (sic) some more p~ple next bemuse aa¢'s not going ~ ~eet ~e p~. ~~ ~UTIO:-O~y. Next ~gis~ sp~er, MS. M~Y: I~Mg Shooed. ~. S~RWOOD: My n~e is I~i~ Sheriff. I'm a ~l- t=e resider a~ ~le ~eek, ~I'm a memb~ of~e eo~ dub :IIU/I/UI Minutes 07/t9/2001 R ~Pa~e [3~. io£ 55~ Cr~te PD~ file ~om ~g~ ~ ..........~ to ~ J'uly 19,2001 board, of governors, I've been daing a lot of work on ~s pm~ in ~n~m wi~ ~s, P~ ~d Fred ~ suppo~ of ~, Alva's ~en~, p~6ntly ~e i~ mple ~tor~ ~ifies, notonly ~-~ wM.-is a~~-of some you re~p~c~e ~ ~ ~vig~on-'of 41 ~d 95 I, but if you go do~ 951 p~t Tow~ Road en~ pxoba~iy aboat a hflf~ ~q~rs mile-on ~e.dght-h~-s~,. ~t~ a~ge.~eili~es ~e. I ~i~ we ~vo ~ple ~ppiy. I just ~t~ ~ e~ ~t on M ~~ of.what ~. ~d ~ addition ~e nmb~ of I~s r~eoivM or r~- ~om ~e ~n~mini~ p~pl% we'~ a n~b~ ofv~bfl ~ue~s ~ a num~ of~~ ~s-~e were~ ~r~e~y ~ Mr. R~is~hl's offi~, '- ~e one ~ing ~a~ we ~'~ w~t ~ ga'inVolV~ wi~ ~day Wa eould'Mve a~ked'~swhole mom, bm'we el~t~ not ~ beeaus~ w~ would 1~ a eon~~. ~d I ~ink ~at's a r~ue~. ~k you v~ mu~. C~I~N ~UTIO: N~xt sp~er, pI~e. MR, ~CO: ~od momMg, I'm David ~iao, A-m-i-e-o, md I'm ~res~nfing ~ developer h~ taday, A ~upI~ ~~ ~a¢ I'd like ~ m~ ~d ~nly ~y qu~ons you ~y have. One co~6nt ~s ~d~ abo~l l~dtcap~g, or a ~upl~ co~n~. ~ c~ent sewer-~~ pI~t which is in ~e pm~ of bc~g ~s~flod ~d r~ov~ is c~fly not ~a boca~o of~ p~pper h~g~ phys a big p~ of ~at ~ge'a flso o~er vegetation ~em ~ ~11. We pr~ioudy -- m~ing ~ o~er of ~e dewing ~mp~y ~d myaolf ~ r~prosenm~ve -- met wi~ ~e gresi~nt of ~e club ~d ~$ .../m'owser.ntxm'.t uoc- ~ t ,4~~rrna'g,e~pagez-~ ao~sca, e-mozs~ze--cri % I zzct_ocv-u, uocwi'ap-c LH u,' x/ct ~ IVlIIIt~L~ UII l. lP'/z*',Jk,~l I%. 1"~ 1. UI. ~ ,~uly 19, 2~01 that if-and when the land~a~ing i~req~ired to sNdd not only our storage trettment - exc~ m~ -- g0om§e uni~; but ~ Buildi~, ~ w~ wo~d shoe in ~e co,t ~ m~ ~u~ -- w~ pl~ · ~m~po i~o you're ~ot~--~. soe it~-b~t ~~nl), is - ~. A~ Ms m~fioneff~- is a ze~em~t-to ehidd it ~ wee · e e~ facilifi~ ~ ~c ~m, ~om'i ~ ~0.~ building.. The~'s ~ ~~i[i~-~r ~hing-ta~ ~uipment. ~d ~ f~ih~ would b, ~mp~ibI~ in loo~' we-o~mi~y would' ~iold ~%. ~d wdr~ sensitive W'~ ~ well." - · ~-~~, I ~i~, w~ess~& ~e w~ some question as ~ whe~ you ~'~ ga on.~ 951, ~lher'Bo~e~d,. ot · ~e is a b~k ~~ ~ Eagl~ ~k: It da~ go ~ice ~ea to B~cfo~ Willies ~ To~ so ~t ~o~s ~ ~d ~om ~ili~ could be -- wouM'be ~e tvil~l~ by not-goin$ out ~~do~ ~ you would Mvo ~ if you did font ~ one fa~iH~ wi~ a simi~ key aYs~ ~t is ~g~ W~y, You ~ow, · i~-~ae ~ wouM---~d~e~-*r~i~ only --.~t oe~y, we ~u~ w~ ~v~. W~ think ~ ~ otthi~ ~ ~ mom ~c I~ ~in[, I ~s,-4~o~Id I~e to say is ~cm ~e o~ ~tent is -- we fed ~ -- ~n, ~ represen~five for ~e s~. ~ if it b~m~s non~sible where ~e ~id~ fd · ey don~t w~t ~ r~nt it, or ~ ~d ~ ~em's only ~ p~ ~ w~ ta m~ ~hen ~ ~b[y wo~d not be We're not ~Mng ~y for ~ p~it ~ buiM. We're ~k~g for ~ pe~i~ion ~ p~ ~ai use. -~ we w~t ~ -- o~ intent Page 35 ~/ ~r~s~r~nttI~ r. utr~- i ~ ~`.~t~ yjs~-rttIa~ty.~pagc-~t~ sca~e-u~s~ i ~ zz~c-~ wrap-t go forward and to build them. But.wv would do thf~t aider we send out anolhersurvey md'findthat we do h~ve adequate response, There w~s reference ~o one other survey t:at was made by the condo group. And I've.made-these cornment~o thcindividuals zs well; I' feel the ~urvey ttmtwent'out -- the letter that went out by the presider -- he readily would admit that he's very much asainst this, · .And the letter that was seat out-to-.solieit~response in. my opinion was very biased'in that regamCstsiirrg-his opinion, I think that should be' taken into consideration if we're going t~ look at surveys at all, But oertainly there's copies of thata-vailable if you wanted to read the · l~tter that' they go out (sic), ' ..... But more importantly -- · ..is that. the---~e're hophag that we haveit-riglat4o a~e this property that is owned by the developer for use that wefeel that is compatible for the ~esidents of Eagle Creek, Md that we f~el that th~ storage f~ili-ty.is ~ m~h more.pata~btet~e th~-weu!fl-be, the continued use of a sewer-u~eamaent plant Th~'s why we'~e her~,, lad we're hoping tl~t you would ~gree with tMt, CN. At~N Ra~JTIO:--Q~ti~ns? CO~S[O]S-Et~' ABERNATHY: Do you have a time line on .: ....... when the-developer will tttrn ~is'over~t~ the.:°'wners:there, ·when build-out --is there any proje~tiort of MR. ~MiCO: Well, this particular piece o.f'pmpet~ rosy or may not ever be turned over`to the homeowners. Thifs really up to the developer, but it's-more-- although it's for the pr/vaU~ use a~d sole exclusive use oflthe hnmeowner, s, ifs not done through the homeowner's association, I~s going to be done ~s ~ developer -project. - COMMISSIONEP, ABERNATHY: What f~o[lities is th~ developer ~oing to retain out'th~? I clatu't understand that? The golf course7 P~ 36 · M]~. AMICO: No, no, ..Tkegolf coursehas been turned over ~'td sold in the m~mbers. Th~ r~id~iial propc~ti~ arc bcin8 ~trncd over, obviously, as they!re sold, The common areas right now are ail right now dgwloper controlled, but-thqt-wilLb6 hlrrm, d over at build- oll~-arrd'this would remaim,' COMMISSIONER ABERNATH¥: You mean th~ only thing he · · would.t~tain is the self--storage fsciligr? lVlR. AMICO: Ye~. Or therc'rnaybc ~omc arrangem~t where th~r~ could be -- just as the golf caurse was owned by the d~wlope~r and-sold to.lfie member~, ~~ this can ~tso-l>e~--w~I1 sold to th~m-, '" CHAIRMAN lt~UTIO: Mr. Richardson. COMMI$'IIIONIgRRICHAI~$OIq: Su~t-for~c~arification, th~ notice was sent out ~00 f~-or did it actually get to ~veryone in F, agle Creek, or is itius~ limited to the MR, RBI$C, IIL; .I~ Balge'Cre~k and surroundhagproperty owner~ w~thin 300 COMMISSIONER. RICHARDSON: Beyond. MR,.RigI$C~q'r,: .It wa~.alar~.number of-- COMMIgSIONBR. II:ICI~RDSON: Okay, $o it w~sb~yond ....... the PUD i~self, .......... : ~ ..'.. ...... Mit. RBISC~: Ye~, Everyone wihhin and 300 hundrexl feet without.. CHAIRMAN lt~UTIO: Refresh my memory' when ~hat went OUt. lVrR. P, BIgCHL: Long~ ia I4 days prior to tkis hearir~g, CHAIRMAN tLKt~IO: No comment~ from ~e Thar~k you, You have W come to the microphone, Mil, MURRAY: It's required to go out &t least 15 isys b~fore tho seh~ulod h~aring. CHAIRMAN RAUTIO: Fiflem days before thc scheduled P~go 37 ... i ore ws~i', mira t uoc~ I l,,q~oc type---tmageocpage-.~ o cc scate-nt~ SlZe-O i v, 1 zzuo~c-u, uo: wI'ap-~ ~IIU/ IIUI July 19, MS. MURRAY: That's CHAIRMAN RAUTI0: Any fur~: questions? Mx. Wolfley? COMMISSIONBI~- WOI2LBY: I~m in-~omewhat of an ag~m~nt ~ they sa/d;' You ~, siffing in-~e midge of it s~ms ~ ~ougk the res[den~ may ~t by- ~ ~O~ng it C~N ~I0: As'a ~p~sen~ve of ~e ~ you ~ ~po~ifion to ~s whe~er you W~ld ~t ~ do ~:AMI~ ~-~~ of ~mrag~'~i~-i~ not new ~ ~e re~iden~ of ~Ie ~e~ We ~ ~e pl~: ovsr w'~-'going~ ha~en. We-~-~'y~% time ff~e ~ so~ of · e busings o~g. 8o yoTm ~proxi~lY ~o-~t-a-~tyo~s ~ when ~ dscision w~ ~e ~t ~ oounW ~ going over ~e f~fli~cs of ~e ~ewage-~~nt f~ili~cs. At ~t point I w~ mk~d ~ qu~fion ~ numerous will h~en ~ ~s l~d..And as p~i~nt ot~e con~m~i~-.~cia~on-bo~-wetl~:.I a~d h~ m~e ~e present,on at ~ me~g ~a~ wh~ I was we discuss~ ~s ~[y on wi~ ~ homings, ~s is not s~e~g ~ is b~d new, Wv stat out a zu~oy ~at w~ appmx~ly a ye~ ago, I~ ~ May or June of [a~ win, ~ain, bro~t to'~dr a~fion ~em. ~ ~. As you ~ow, a ch~ge ~ a ~D is fime-con~~ p~cess, We hi~ Wilso~Mill~, ~ ~ ongo~g process, It wat tot so~ing ~at we said to lct*s PallO 38 .../Ol'O W~gI', litllll [ gOtO-- 1 I q'q'qtY~ typc'--mmgc~page-o YtY., ~;C4ilC--ll LOtJ$1ZC--O 1 U, I z~z~L/lX, g--Lt~ U~Y~ WI'ttIJ--O IIU/I/L/I 'Minutes 07/19/2001 R ~JPae ~ Create PDF file fi-om pag s ~ to -durin~-tiIis:p6rio& It~a.,'f~ tong. ago, So ~.dig~sion wi~ hom~~s has s~ ~o-~-a-h~fy~s ~o. beli~ ~ie'by ~n~ing~is w~ gong to b~ ~y ~. I · at ~ig is not'som6~ n~. C~N ~UTtO: t ~i~ ~e ~swer · a~ you'd p~fer ~ ~nt~ue on. COM~SSIO~R P~DDY: ~t~s say ~t you s~ra~.. ~t'on ~is pmp~, W~t ~e some o~er uses ~, ~I~: Wall, we would hlw ~ oome ~ te Pl~ng ~~i~ ~d ~d.~ us'e~ori~,--We wouM ~w.~ sell ~~~ ~ ha~ ~-~me before you ~ fred a You ~ow, ~e ~ope~ ~ a v~ue W be used, You ~ow, ie doem't ha~ t.~ not W be.~, ~.of ~g contra I ~ow of ~e ~Iub ~ffbe ~6 ~lub may w~t to ~ a look at it use ~t' l~d o~ p~h~e i~ We would %n~nue W d~ wi~ t~ · 6y ~t ~at ~~ We ~s~ ~f~-wo~d do tMt, But ~~otp~lud6 ~oing~t, ad I don~ b~l~e wo~ld' ~e, '~ell, we don't ~t W b ~ involv~ in ~mm, so we wo~d b~ it o~ of~e P~" .-- ~me br~ ~t out o~ P~ -- "~d sell it ~ a r~si~ntifl lot or sell ~. AMIC0: ~ght. ~~I$SIONBR ~DY: ~d ~en ~at own~ wo~d haw ~ righ~ under whaler co--emil C,I or C-5, W buil~ wha~ver ~e eo~W ~Iow~ in ~ink by -- I ~ss wMt I~ getting a is by Wiling · .I OI'OW~I'. Ill, Ill/ LI I UI IIU I July · they c~'u~ it for' something that might be t~ambIe to ~ ~~i~, ~t ~we say no, you ~d end up wi~ screening a lot wo~e ~at you ~ve ~aolu~ly no s~y so in and ~n~l over ~ - C~N ~UTIO:.. I be]i~.~.. Ke~schl w~ts ~ ~. ~ISCHL: I w~t ~ m~e ~ cl~fic~on. Y~ men~ re~ning ~ somv ~f~~ci~, K~t now, before you could ~ ~emi~'~ you~v~ ~ do a-"Gm~ M~ag~ent PI~ ~~cnt b~se '~s is not in ~ ac~vi~ C~r.-So it would no~ b~ s ve~ ~ple pm~ do ~. a~mey, where ~es ~t l~ve us ~ ~lUn~ a p~Pe~y o~ ~ey' ~'t use ~e~pmp~ b~se-~s ~. S~DENT:-' We~; I m~, ~ese ~e fll su~osifions of w~t miKht hsppm. ~sm~g ~at w~n~t dohe, y~, it co~d be b~en out.of ~e P~-~a r~n~ some~~i~nt wi~ ~e ~~'t~-'or whoev~ ~'~e pmpe~ may wish ~ pu~e ~ comp pl~ ~en~t b~use of, you ~ow, wh~fi ~e s~ounding uses~e ~dso fo~. ~ea~ent p~t wer~ dism~a~ ~ we~, it ~d not ~ i~ ~ P~, or I'm ~ng ~y couM put som~ ~d of~id~ ct ~n ~ount of~i~ p~r acre? I don't ~ow i~ it'd qu~i~ for ~. ~ISCHb:' Just in ~e P~ ~e p~iffM ~. in ~e golf ~se ~is~iet ~e clubhouses, pm shops, p~ti~ ~v~g r~ges, sm~l ea~ei~ ~bli~en~, ~cIudi~ gift shog, golf~pment s~e~;'~~ts,.co~' lo~g~ ~ded ~r ~e exclusive use p~ns of~e golf coupe. 80 ~m' ~e sce~ ~s ~t~ p~ed ~e now, I July 19, 200I think- Mr. Amico~$ problem ~ fi~e.inaccessibitlty directly from the golf course or the right hol~ that you would nom211y have a snack bar or something like that.-So therefore I th/nk tlmt's why he's .- cons~d~-ing a c~nge cf~se From.~hose that are currently p~rmit~ed. MS. STUDBNTr But-ifitwa~ broken out of the PLrD, und~ thc comp Plan, it would hc in the urban area, so it' woUld have to be rezoned ~o ,omething ,1~, ~ wu don'~ have that-situation come up. t don%-think we've h~l~ it'como up. MR. P,,BISCHL: No.' It's a small 1.3 a~re parc~l. CHAIRMAN RAUTIO:-Andit'~the whole concep~ that it's in pUD ri~w. This-would-rake' extra ~ffort-lo have this occur, MS. STUDL~T: Oh, yeah. YoU'd have to rezone it -- ~ey'd have to rezone it from PUD.to something else.. ][fit worn eno of thc r~si~ uses, theywould'hav~ ~hc dcnstt'y under the comp plan. I don't know. if the imCil[ provisions ofth~ comp plan miffht work tk~n tn bo ~le ~ do something ~ere or not~.-and they oould seek comlrplan' arnendmerrc to ailow some kind of commercial use the~e if ~¢y. wcrc to break it out ofth~ PUD, This PUD prexia~s our comp plan. CHAIRM~ RA~': ~e ther~ any furth~ questions from ::..::the.boazd:ofMr;:Amicc?.:Do we havo~y~-fl~cr-r~gisicr~l: :. -. speakers? MS. MURRAY: No more rcigste~d CHAIRMAN KAUTIO: Okay. I close the public COMMI$8IONBR BUDD: Madam Chai~, I wanted to maim a disclosure. I neglected earlier in our conversations te disclose the f~t.thatI had a phone conversation with Mr, Amico regarding this petitt'or~ and, further, I would Eke in make a mo~ion that w~ ~prove Petition PUDA-20 0 I-AR.702. COMMISSIONBP. PRiDDY: I'll second that, CHAIRMAN RAUTIO: W'e have a motion by Mr. Budd and a Pa~41 · ./oro WSt~r .llLIIll f ClO~J-- 1 I q'q-q'06 typ~"tlIlil~e~pagC~--~ zo$scaic--lll. O~SlZe--o 1 u, i zzuocc.--u~uo~ Wl'aIJ--( · Jul3~ I9, 2004 - second by Mr. Priddy to approw.lhis pofirion,- Is ther~ discussion? CHAIRMAN RAUTI0:. Well, call the question, Ail those in favor say aye. COMMISSIONER BUDD: Aye. · COMlVlISSIONER PR1DDY: Aye, COMMI SSIONEK-RICI-IARDSON: Aye, CHAIRMAN RAUTtO: Ttiose.opposed~ sam6'sign. .. - GOMlViIS~IONER PRIDDY:--Ay~. COMMISSIONER'RICHARDSON: Aye, COMMISSIONER BUDD: Aye. -- CHAIRMAN RAUTI. O::..Do. you nc-cd tlc-board to poll? COURT REPORTER:' Yes. COMMISSIONEK ABBRNATHY: I'm no,· CHAIRM~: N RAUTIO:. I~a COMMISSIONER WOLFLEY: I'm a no, COMMISSIONIng ¥OUNO; I'm ano. "' · -. COMM!'S$IONBt~ RtGI-1ARDSON: Pm.-a-yes, CHAIRMAN'RAUTIO: go that's -- ....... CIIAIRMAN RAUTIO:-l~our to four, COMMIgSIONEK RICHARDSON: Three to·four, COMMtSSIONEK ABI~RNATHY: MOtion fail~ CHAIRMAN RAUTIO:- Motion faiIs. COMMISSIONEKYOUNG: Ail right, I waul~ like to. mova that we at. tow. a 60-day extension"Of PUDA-2001-AR-702, · - extension so f. ha.t the residents may make lheir wishes known, CHAIRMAN RAUTIO: I believe that that's -- COMMISSIONER ABERNATHY: W~ can't do th~. CHAIRMAN RAUTIO: Point, of order, we can~ do th~, Page 42 IIU/I/UI COMMISSIONER ABERNATHY: We've alro~y ae~d on. it, CHAIRMAN ]L&I~IOi We'Ve ~ted on .... MS, ~TUDI~NT: .Yeah, it's. fai'.led. CO~MIgSIONER PRtDDY:. Well, and, fumhermore, if we're going.to do thug we might a~ w¢I1 abut goveminent down from about .May.l 5tk ~-NoYembe~.l ~tl: l~e. axu~e,.Cmu kam-w,-athird of th, eou~ 'gone, I£ were going to uso that a~ a criteria for doir~g business in the county, let's ~ust not meet for five m0ath~. -. COM~I$SIO,3fiT~.. --W.O. ~.L~L. Ig¥::. I-d,on~t-think that', the isau¢, I ~h-ink~rtl~e issue ls-~th~ mformatlo~tha,f: we~'~ to ~e r~ident~ -- I'm pret~ dam familiarwRh l~omeownets and condo a~sociatiom,, a~d it's toagh-to.ge, t ~vork..don¢ L~ lhcatanmer for notifi~fions. And that's why maybe the letters an~ notifications to the reside~la should h~ve gone out in the wintertime -. excuse me. And that's-my point. It~mm- ~4ike overy, timolho-oommunication ~o the-residents has happenect--it~s been the summertime. And I thinkit would Imve been moro prudent to do it in tho COMMISSIONER PRIDDY:. Well, I-don~ disagree that ~hai would'be the time to do it, but let's not waste our time for selxeduling me~tings-for4wc~-or ~ mOm, hs: du~g .the..atman~.when.:we :know peopl, eren't here CO:M:MISSIONEK WOLFLEY: WelI,lhe homework~b, done when rite residents ean'~pe~. -. - COMMISSIONER 1TRIDDY-¢ Well, you know, our eourtty govemmentjmt deemer ftmetion flint w~ty. There's no need us arguing about ih but tlmt'e just not the way it works, MS. MURRAY: .Madam-Chair? CHAIRMAN RAUTIO: Ms. MS, MURRAY: Typically, when the Plarming Commission recommended denial cfa petition, of course, we inform the Board of Page 43, .../orows~r.tttlill .r ,Jo~-- ~ x ~'+~oc type--mrag~o~pag~-~o~.~t:at~-nto~ ~z~-o ~ u, f zzuocc-%u~wrap-~ .1 L [/! I/L/I JUly 19,.2001 County Com~ssioner~ of-your at~tion. ~ut we al~o inform ~m m why, ~d I ~ss ~at I wauld just ~k~at -- ~d it somds like ~at ~e fol~ ~t vo~ no would prefg m ex~nsion, if ~'~ oomph or · I ~ld ~~ c~~on~ .~at~ ~1~. fo~d ~ ~~I8510~R ~E~ATHY: ~'di~'t play ~y p~ in min, a~tL -I based it.&s~f.d.t,~a ~, f~t~ dl ~s lip s~ie~ w~-~con~~¢m ~~ a f~ili~ hem wi~in a f~flity md not ~a eonaoofing~ it ~n i~,lf. '~m's to eXpress~ in ~, ~at it would do wed ~ w~' ~1'~, homoown~ at ~,-~ek ~e ov~ ~at~fl.i~ and-let.~m ~ide whe~er I k~ ser~h~my, k~ wond~g w~y w~'~ do~8 ~s hem ~ a~ ill, wk~g ~'~a ~ke~ng ploy, or~hat~s given C~~AN ~~0: My decision w~ b~ on ~e i~ of · ~'~o~ly wh~ won~ ov~. ~, second COhO,pt} ~ou~, is ~i~ public p~cip~tim. ~d d~ou~ I mflimmd how ~c do~ ~rk, I ~ngly~p~ ~tlo~ infomaflon from hom~wners, ~m ~o publk in g~n~. Buh ao~ly, I bdieve it was ~c ~at ~ey~ me, ~d l ~utd like it self-eon~, ~d I don'~ ~ mough ~fo~on pro~ '~to why ~oy cmk ~t~om Point A ~ Po~t B ~~ly, ~d ~ Mr, Aboma~y ~ S~d, ~e ~t~onn~fi~W is ~ isle ~k a~ut ~ a r~~,. So-perh~s ~ifion~ effo~ c~ be m~'~ do~m~, ff~s comer could be ~hed from msidt MS. ~~Y: 'I app~ia~ your refereeing ~e s~fiom of ~e eo~ ~at' you're obligatM' m eon~derwhen you're doing ~is~ so l~a~e 44 Ll 1 L//I/LII lYJJiiUtC~ U/! I~//.,UU! ~ I-'age i oI z · luly 1~, ;100I thank yo~ for doing tlmt. CHAIRMAN RAUTIO: Any other comments? Do you want to clarify your points? COMMISS1ONBR WOLFLBY: Well, you covered' the public, CHA~AN t*,AL~tO: Thmkyou, MS, MUItJ~Y: ' TMnk you', CHAIRMAN RAUTIO: .Okay, I belie~ were up to oId' business. Thwee's no old business listed. New business. COMMISSIONER PRIDDY: Y~. Rumor has it that we have only one-agenda item for th~ next. Planning Commission, and 1 wo~ld saggea~ if ther~ is only one item that w~ mov~ tl~ item to th~ would'be the second meeting in ~eptornbwr. COMMISSIONBRRI-~$Ot~: Or-August, CB_alRMA~ RAUTIO: August, COM.MISSIONER. PRIDDY: Of Augusi, yes, CHAIRMAlq RAUT~O: You're moving.it to August MS. MURRAY: From August 2nd to -- CHA/RMAN RAUTtO:- From-A~ast COM_MI~SIDNEI~ FRIDDY: ¥¢~. CKAIRMAN RAUTIO: We have a mot/on. Do we need second on COMMISSIOlqEt~ ABBR3IATKY,. Do we tmeai from staff? COMMI$$ION~RRtCHARDSON: CIarification o£th¢ rumor, CHAIRMA~ Ih~UTLO; L~t's cLazify the nh-nor firat. What's our agenda for th~ 2nd of Augusi? MS, MURRAY: R/ghi now you have one pe//~/on scheduled for the 2nd afAugust. CHAIRMAN RALrrIO: One petition, MS, MURRAY: There were a number ofothor~, and they were Page 45 · ../UI'O WS~I'.IILIIll fi. lOC-- 1 1 ~/Y. typ~-lrllageo~pagc--~oocscaie-llteCSlZe--o 1% ! zzuocc--%vd~wI'ap--t ilU/I/UI c~ntinu~l. MS~ STUDENT: I just w~t ta -- I'm sur~ it h~n't b~n MS. S~UDEN~: Thcre'd be · prob~ if it wo~ b~o. ~e'd have ~ ~t u~fil ~t m~g to ~nt~uc R ~ ~~: O~y, So it ~s not b~n ~. S~ENT~ 1 ~t ~t ~ cl~fie~on, It has not? w~$my ~hu[~'~ · 15-da~ ~v~~t requirement, ~d I ~olo~, I don't have my c~d~ ~ ~om of mc. Is it 15 ~or ~-Au~ ~-~SSlQ~~~THY: It's 14 ~ys ~om ~y. MS+.~Y: To~y? M~y b~v~,. ~what h~p~ns ~.-- ~t you w~Md ao~y.~fiau~ i: -, ~ i~m at ~ m~flng wh~{ you ~nvm~, ~ ~ ~:n ~ ~aiom I. wi~ not b~ h~ on ~e ~t or s~ond ' MS. 8~DE~: W~ haven't h~ ~[s ~p~, ~ly, ~[s ~oup, ~d if~e~wh~o able ~ comm~ic~ wi~ ~e ~in~e P~$~ 46 · ../DI'O W SCI':'II[.IIII .~ (.lO G-- 1 1 ~-~(~. type--llllii~X.p ag~--~ / ~Y.. 8GaI~--IIL'~X. SlZ~--O 1 U, I Z~;UOCG--U, UO~. wrap--O' :llU/I/UI July petitioner, the likelihood of not having a quorum that this CHAIR_MAN RAUTIO: I hl~vo an isnu~ also that I'w -- · lxofe~sional-issu~ -- bali:ye made. the coram~.~an- enr~o b~ her~ forthe' meetings, and I would prefer sot to be her~ if I c~uld. So if I have say Ikn no~: going to be b. ere ~ net haw it qu0~ -" d~n't w~ maya om~ ~t. Fred's oheek~ on ~e ~ve~sing ~d l ~ ~s is old bus~s or not now bus,ess. ~S. ~Y: Acm~ly, ~s Would be new, MS, ~~T: ~e o~ ~t -- I jmt w~t ~ say h,sides ~e.~~g is -- ~e postng's prob~ly not ~ isme, but di~ ~o..~w ff,m I w~ ~ disouss was, a~'yoa ~ow in ~ mc~, on.~e 3 ls~ of.luly, w, wi[1 b, sg~ng a vote ~m m ia ~, ~t m br~g.f~ad to ~,m in m exp~fious m~6r. ~-~at, I ~ve.a-p~{zh~uI,. I just ~d of givoyou ~~-up ~ca~c ~a not $,t i~ stone,, but, of ~c, ~s ~ you at~nd ~ght m~ngs. And I'd like to just go ~dh~d ~at out. If~f~, - just b~ ~e a~ ~t ~s isn't sety~ ~.j~t ~. ~6 you jmt ~ ~~on of wMt we're 1oo~ in ~ms of da~. -~~N~IO: ~le you're ~ng g ouq co~d' Pag~ 47 .../orow,~I-.lll. IIll f llOIJ-- I i qqq~ typ ~---Iiii~-~t~O6Dit~;12--q oty_~cal~--ll tO~ SlZ~,--o 1 ~ 1 zzu~G--~ ~ Wi-ap--( .Il It/l/Itl iVllnUleS U II I~/ZUUI Ii. Create PDF file from pages CHAtK.M~"q RA -UTIO: .Mr.--Abemaflry. COMMISSIONER ABBRNATHY: Susan, I~m looking, at my calendar with all of~oae LDC -CetlL-tq2ourtty Plarmiag~ission meeting~n Pr~day, S~nb~r ?th, Ami dreaming that,.o~ dki We move that. be~a~, of th, b_oliday -MS~-Mt.4RKAY: .-You..dict4,,at some-time-ago. Thc mom was- COMMISSIONER ABERNATHY: So w~e going to meet on a -.W-e,d~fnigl~t, the-~, ea~d .the~ again {:n Friday; is that rigl~ MS, MLrRK~Y: That's oorr~t. COMMISSIONBI{ PRIDDY: It's a full. agenda. You're going to -t:e-kereell.at%moon. · COMMISSIONBKABB, RNATHY: You'll b~ watdaingus. CHAIRMAN RAUTIO: You'll have youtTV'turned on. Okay. -A~e- the~ ad~litionaT tommee-- ~ao-ela-time,- reoorck I.*n-~mrry, ~n. '¢/~'ro still i~ s~aion la,re. MS~ MURRAY:.. I just wantto make sur~ you underst~d th[s is just-a ~ag- mad the n~t-meotiag.tql ~v¢.both c, yc, l~s sa for you so -CHA.I~ RAUTIO: Olmy. I belier¢wo now haw ~nformaIionabout tlx~ ?mgust--/nd-mceting. MS. STUDENT:. Wh~ you ¢ov, ld do [sjmt direct ~taffto re- .advertise it-for a subzc~eatme~-ng now, and that would all~iato any ¢oncm~ahottt, you~]maw, whether or not ~er,'s a quorum and then corrdng and not enough people hare to constitut~ a quorum for one itv-m. I.~ton't know if that presents a prolat, m for the petitioner or not, hut t.h_a_t:akwhat coulcl he CHAIRMAN KAl/rIO: So I cm do that just directing staff~ do tt~ rather ti'am liave a motion.'? 11 u! I/U 1 EXECUTIVE SUMMARY PETITION PUD-92-08(1). DWIGHT NADEAU OF RWA, INC. REPRESENTING WILLIAM T. HIGGS, REQUESTING TO THE PETITIONER SEEKS TO REPEAL THE CURRENT WHITE LAKE INDUSTRIAL PARK PUD AND TO ADOPT A NEW PUD KNOWN AS WHITE LAKE CORPORATE PARK PUD, FOR THE PURPOSE OF REDUCING THE CONSERVATION AREA FROM 11.3 ACRES TO 9.3 ACRES, THE LAKE AREA FROM 44.1 ACRES TO 36.6 ACRES, THE OPEN SPACE AREA BY 10.8 ACRES, IN ORDER TO INCREASE THE INDUSTRIAL LAND USE AREA FROM 67.4 ACRES TO 77.3 ACRES, AND TO CREATE A 7.8 ACRE COMMERCIAL TRACT. THE SUBJECT PROPERTY IS LOCATED IN THE NORTHEAST QUADRANT OF COLLIER BOULEVARD AND INTERSTATE 1-75, IMMEDIATELY NORTH OF LANDFILL ROAD, IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. THIS SITE CONSISTS OF 144.4 ACRES. OBJECTIVE: To have the Board of County Commissioners consider an application seeking to repeal the current White Lakes Industrial Park PUD and to adopt a new PUD for the purpose of changing the acreage of some tracts and adding a commercial tract to the PUD while maintaining the community's interest. CONSIDERATIONS: This PUD was originally approved in January 5, 1993 (Ordinance No. 93-01). The Master Plan showed a large conservation area along the southern property line. The Master Plan also showed 3 main entrances to the development, one on the east side and two on the west side of the property. The revised Master Plan shows the wetland/conservation areas as a smaller tract with a new industrial tract replacing a portion of the old conservation tract. The original PUD contains 47.9 percent open space, the proposed PUD will contain 33 percent open space. A portion of the existing industrial tract located at the west side of the PUD is separated from the main development by a large FP&L easement and is proposed to become commercial. This PUD is located within the Interchange Activity Center # 9 and the proposed change from industrial to commercial is in compliance with the requirements of the GMP. Collier Boulevard is currently a 4-lane arterial road with a 1999 traffic count of 33,727 and is operating above the adopted level of service standard LOS "D". This road segment, is not projected to be deficient by the build-out of this project in 2002. Based on this data, this petition is consistent with policies 1.3 and 1.4 of the Transportation Element. Staff added language to the PUD Document to require a unified architecturally finished wall with a landscape buffer to be installed on the street side of industrial properties abutting White Lake Boulevard. It was necessary to add this language to the PUD Document because the buildings in the industrial tract of the PUD will be accessed from an internal road to the PUD; Therefore, the rear of the buildings, some with roll-up OCT 0 9 2001 overhead doors, were going to be facing White Lake Bc,.~:.'?ard and visible from Interstate 75. This wail and the landscaping are intended to screen the view of the back of those industrial buildings, consistent with the intent of the Int~:~r'.:hange Activity Master Plan and the Land Development Code's Architectural Standa~c.~. FISCAL IMPACT: This is a commercial development and industrial development. This PUD amendment will increase the industrial land use area by 9.9 acres and will create a 7.8 acres of commercial tract; the following is an estimation of Impact Fees will be applicable to this project: Road Impact fee: Correctional facilities impact fee: Fire Impact Fee: EMS Impact Fee: Radon Gas Building Code Administration Total $818,291.00 $109,012.00 $58,800.00 $14,191.00 $980.00 $980.00 $1,002,254.00 In addition to the Impact Fees described there are building permit review fees and utility fees associated with connecting to the County sewer and water system. Building permit fees have traditionally offset the cost of administrating the community development review process. Whereas utility fees are based on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated by the ad valorem tax 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 valorem tax rates. The above discussion deals with revenue schemes. A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land use development project. Nevertheless, it should be appreciated that not withstanding fiscal impact relationship, development takes place in an environment of concurrency relationship. When level of service requirements fall below then developed standard a mechanism is in place to bring ab'out a cessation of building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads, which may have geographic concurrency implications. GROWTH MANAGEMENT PLAN IMPACT: The subject property is designated Urban (Industrial District, and Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The Urban Industrial District permits basic 2 OCT 0 9 2001 industrial uses and limited commercial uses; Interchange Activity Center (#9) permits the full array of commercial uses, institutional uses, business parks, and hotel/motel uses at a density consistent with the Land Development Code, and industrial uses in the northwest, northeast and southeast quadrants. Based on the above analysis, the proposed PUD amendment is deemed consistent with the Future Land Use Element of the Growth Management Plan. ENVIRONMENTAL ISSUES: There are isolated pockets of wetlands within the PUD. Due to the construction of the 1-75 ramp, the existing wetlands on site became isolated and deteriorated over the years. The applicants have obtained all necessary State and Federal permits to impact · portions of the wetlands by mitigating for them off-site. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is r~quired. PLANNING STAFF RECOMMENDATION: Staff recommended that the CCPC forward Petition PUD-98-08(1) to the Board of County Commissioners with a recommendation for approval. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The EAC on January 3, 2000, reviewed this petition and by a vote of 5-1 recommended approval. The single negative vote was cast because the applicant is proposing to reduce the amount of conservation area. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission reviewed this petition on September 7, 2001 and by a unanimous vote recommended approval. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER DATE REVIEWED BY: ,..,.~AN MURRAY, AICP CURRENT PLANNING MANAGER 3 ~GENOA ~TEM OCT O 9 2001 ¢,~._- _ /,/I'~IOMAS E. KUCK, P.E. r ~- INTERIM PLANNING SERVICES DIRECTOR / APPROVED BY: DEVElOPMEnt & eNVIRONMENTAl SERVICES ADMIN~TRATOR DATE Petition Number: PUDA-92-08(1) 4 *.C,r.,'~A rrF..~ OCT 0 9 200! AGENDA ITEM 7-F TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION August 8, 2001 PETITION NO: PUD-92-08(1) OWNER/AGENT: Agent: RWA, Inc. 3050 North Horseshoe Drive, Suite 270 Naples, FL. 34104 Owner: William T. Higgs 2666 Airport Road Naples, FL. 34112 REQUESTED ACTION: The petitioner seeks to repeal the current White Lake Industrial Park PUD and to adopt a new PUD known as White Lake Corporate Park PUD, for the purpose of reducing the conservation area from 11.3 acres to 9.3 acres, the lake area from 44.1 acres to 36.6 acres, the open space area by 10.8 acres, in order to increase the industrial land use area from 67.4 acres to 77.3 acres, and to create a 7.8 acre commercial tract. GEOGRAPHIC LOCATION: The subject property is located in the northeast quadrant of Collier Boulevard and Interstate 1-75, immediately north of Landfill Road, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. This site consists of 144.4 acres. PURPOSE/DESCRIPTION OF PROJECT: This PUD was originally approved in January 5, 1993 (Ordinance No. 93-01). The Master Plan showed a large conservation area along the southern property line. The Master Plan also showed 3 main entrances to the development, one on the east side and two on the west side of the property. The revised Master Plan shows the wetland/conservation areas as a smaller tract with a new industrial tract replacing a ITEM No,_ ~' ~"~ OCT 0 9 001 portion of the old conservation tract. The original PUD contains 47.9 percent open space, the proposed PUD will contain 33 percent open space. ~, portion of the existing industrial tract located at the west side of the PUD is ~ ...... ~ted from the main development by a large FP&L easement and is proposed to b ome commercial. This PUD is located within the Interchange Activity Center # 9 and the proposed change from industrial to commercial is in compliance with the requirements of the GMP. SURROUNDING LAND USE AND ZONING: Existing: - Industrial uses and vacant, zoned PUD Surrounding: North - vacant, zoned PUD (Citygate) East - Vacant, zoned "A" Agricultural South - Interstate 1-75 ROW West - Interstate 1-75 ROW GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Industrial District, and Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The Urban Industrial District permits basic industrial uses and limited commercial uses; Interchange Activity Center (#9) permits the full array of commercial uses, institutional uses, business parks, and hotel/motel uses at a density consistent with the Land Development Code, and industrial uses in the northwest, northeast and southeast quadrants. Based on the above analysis, the proposed PUD amendment is deemed consistent with the Future Land Use Element of the Growth Management Plan. Transportation Element: The site-generated trips from the new project, as proposed, will be 4,452 Average Weekday Trips. The proposed amendment results in an increase of 363 site generated trips over the amount that could be generated by the currently approved PUD. As a result, this petition will not create new trips that exceed the significance test standard (5 percent of the LOS "C" design volume) on Collier Boulevard or any other County Road. Therefore, this petition is consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. Collier Bbulevard is currently a 4-lane artedal road with a 1999 traffic count of 33,727 and is operating at LOS "B". This road segment is not projected to be deficient by the build-out of this project in 2002. Based on this data, this petition is consistent with policies 1.3 and 1.4 of the Transportation Element. Conservation and Open Space: PUD development commitments provide open space consisting of at least thirty (30) percent of the gross land area. Native vegetation preservation or re-vegetation 2 OCT 0 9 2001 requirements of the LDC will be achieved by the design for preservation areas and by re-vegetation of native species, therefore, the Conservation and Open Space Elements of the GMP will be achieved through PUD development commitments. Utility and Water Manaqement: Development of the land will proceed on the basis of connection to the County's sewer and water distribution system. These facilities are to be designed, constructed, conveyed, owned and maintained in accordance with the Collier County Ordinance Number 88-76. Water management facilities will be constructed to meet County Ordinances and they will be reviewed and approved as a function of obtaining subsequent development order approvals. The above-prescribed course of action makes this petition consistent with this element of the GMP. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE EVALUATION: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. The comments and concerns of these reviewing agencies have helped to shape the content of the PUD Document. The EAC on January 3, 2000, reviewed this petition and by a vote of 5-1 recommended approval. The single negative vote was cast because the applicant is proposing to reduce the amount of conservation area. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they 'positive or negative, culminating in a staff recommendation based on that comprehensive overview. The list of criteria is specifically noted in Section 2.7.2.5. and Section 2.7.3.2.5. of the Land Development Code thus requiring staff evaluation and comment, and shall be the basis for a recommendation of approval or denial by the Planning Commission to the BCC. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of staff. 3 A C.,ENOA ~TEM V OCT 0 9 2001 Staff review of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appropriate evaluation of decision makers. The evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County GMP in all of its related elements. Other evaluation considerations should include an assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Followings are staff findings for this PUD amendment: Relationship to Future and Existing Land Uses: This refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Growth Management Plan. As discussed above, this area is located within a Mixed Use Activity Center, allowing commercial activities. This amendment will only affect the internal land use and circulation and should not have any affect on the surrounding properties. Traffic: The site-generated trips from the new project, as proposed, will be 4,452 Average Weekday Trips. The proposed amendment results in an increase of 363 site generated trips over the amount that could be generated by the currently approved PUD. As a result, this petition will not create new trips that exceed the significance test standard (5 percent of the LOS "C" design volume) on Collier Boulevard or any other County Road. Infrastructure: The subject property is served by the County water and sewer system. Storm water management will be provided on site. PUD Document and Master Plan: PUD Do~:ument: The White Lakes Corporate Park PUD Document is modeled after a County Planning Services model PUD Document in terms of format, general provisions covering reference~., to GMP and LDC. The PUD document provides the required format for addressing land uses and development standards and development commitments. The PUD contains all of the recommendations of reviewing staff. 4 OCT 0 9 2001 Pi. ~] Master Plan: The Master Plan is designed around a large lake. There are three entrances to the site. Two of the entrances are connected through an internal road which provide connections to Landfill Road EAC RECOMMENDATION: The EAC on January 3, 2000, reviewed this petition and by a vote of 5-1 recommended approval. The single negative vote was cast because the applicant is proposing to reduce the amount of conservation area. STAFF RECOMMENDATION: Staff recommends that the CCPC forward Petition PUD-92-08(1) to the Board of County Commissioners with a recommendation for approval. PREPARED BY: CHAHRAM BADAMTCHIAN Ph.D., AICP PRINCIPAL PLANNER REVIEWED BY: CURRENT PLANNING MANAGER THOMAS E. KUCK, P.E. INTERIM PLANNING SERVICES DIRECTOR DATE DATE DATE APPROVED BY: ADMINISTRATOR 5 OCT 0 9 2001 Petition Number: PUD-92-08(1) Staff Report for September 7, 2001 CCPC meeting. NOTE: This Petition has been tentatively scheduled for the October 9, 2001 BCC meeting. COLLIEI~COUNTY PLANNIN~MMISSION: JOYC~-ANN1 J. RAUTIO, CHAIRMAN 6 ~,c, rd~ ^ ~T~ OCT 0 9 2001 FINDINGS FOR PUD PUD-92-08(1) 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) Intensifying land development patterns produces economics of scale relative to public utilities, facilities and services, which are currently available in this area. (ii) The subject property is served by a network of County roads, all of which are within the urbanized area providing easy access to a host of community services and facilities. (iii) Comprehensive multi-disciplined 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. Summarv Findinq: Jurisdictional reviews by County staff support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD Document will be recommended to the Board of County Commissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Service relationships as prescribed by the Growth Management Plan. m 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. ProlCon: Evaluation not applicable. OCT 0 9 2001 Summary Finding: Documents submitted with the application provide evidence of unified control. The PUD document makes ap~r}riate 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 consistent with the goals, objectives and policies of the Growth Management Plan. Con: None. 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, Interchange Activity Center Subdistrict on the FLUE to the GMP. As such it authorizes zoning actions aimed at allowing the land to be used for industrial and 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 Interchange Activity Subdistrict allows industrial land use and related activities. Transportation Element - Analysis of the subject petition concluded with a finding that with development phasing 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 developed as open space consisting of a wetland areas, lakes and landscape buffers. This area is exclusive of the amount of open space that remains as each development parcel or tract is developed. Said amount of open space is equal to the open space requirement of 30 percent for commercial and industrial PUD's. 2 OCT 0 9 2001 Other Applicable Element (s) - By virtue of development commitments and master plan development strategy, staff is of the opinion that the White Lakes Corporate Park 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. Where appropriate, stipulations have been generated to ensure consistency with the GMP during the permitting process. 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. ProlCon: Evaluation not applicable. Summary Findin_cl: The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. ProlCon: Evaluation not applicable. Summary Findin_q: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. ProlCon: Evaluation not applicable. Summary Findinq: Timing or sequence of development in light of concurrency requirements is not a significant problem. (See Staff report) The ability of the subject property and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. 3 OCT 0 9 2001 Summary Findina: Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. This assessment is described at length in the staff report adopted by the CCPC. 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. ProlCon: Evaluation not applicable. Summary Findin~l: 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 Industrial and commercial zoning districts. ~T 0 § 7_001 REZONE FINDINGS PETITION PUD-92-08(1) 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: Development Orders deemed consistent with all applicable elements of the FLUE of the GMP should be considered a positive relationship. Con: None Summary Findin_cls: The proposed development is in compliance with the Future Land Use Element of the Growth Management Plan. 2. The existing land use pattern; Pro: This project is adjacent to another similar development (Citygate PUD), and is surrounded on two sides by the Interstate 1-75 ROW. Con: The adjacent property to the east is zoned Agriculture. Summary Findincls: The proposed land uses are generally consistent with the existing and future land use pattern in the area. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro: The proposed rezone is for an industrial and commercial PUD is of sufficient size and is adjacent to an industrial PUD, therefore, this rezone will not create an isolated district. Con: Evaluation not applicable. Summarv Findinqs: The parcel will not result in an isolated distdct unrelated to adjacent and nearby districts because it is located within close proximity of other OCT 0 9 2001 approved commercial and industrial zoned properties. It is also consistent with expected land uses by virtue of its location within the "Industrial District, and Commercial District, Interchange Activity Subdistrict" on the Future Land Use Element. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro: The district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Con: None. Summary Findin(~s: The boundaries are logically drawn by virtue of the site's location within the "Industrial District, and Commercial District, Interchange Activity Subdistrict" on the Future Land Use Element. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the Growth Management Plan) is a positive one. Con: None. Summary Findin~ls: Consistent with the Growth Management Plan. Whether the proposed change will adversely influence living conditions in the neighborhood; Pro Recommended mitigation actions included in the PUD Document will go a long way towards offsetting any potential adverse influences on the residential communities in the area. Con: The additional industrial and commercial activities could cause increased noise and traffic impacts on the nearby properties. However, due to it's location and the proposed preserve and buffer areas, the proposed PUD should not adversely impact the adjacent properties. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the development standards of the PUD OCT 0 9 2001 w Sm Document have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. 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 fronts directly on a public road thereby providing an immediate access to the arterial road network over which traffic from this residential development would be defused. Con: (i) Urban intensification results in greater volumes of traffic on the local, arterial and collector road system serving the PUD. Other projects dependent upon the same street system may perceive this result as one which will reduce their perceived comfort levels. Summary Findincis: 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. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn lanes, traffic signals, dedications, etc.). In the final analysis all rezone actions are subject to the Concurrency Management System. Whether the proposed change will create a drainage problem; Pro: The Land Development Code specifically addresses prerequisite development standards that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Con: Urban intensification in the absence of commensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. 3 ~GEJ,~A ~TF_M OCT 9 2001 10. 11. Summary Findin_clS: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental ~'~;,~ities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro: The proposed industrial development conforms to the similar commercial and industrial development standards of the LDC which are designed to protect the circulation of light and air to adjacent areas. Con: None. Summary Findincls: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whether the proposed change will adversely affect property values in the adjacent area; Pro: Typically urban intensification increases the value of contiguous underutilized land, a condition which exists on the north and east sides. Con: None. Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including .zoning, however zoning by itself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; ProlCon: Evaluation not applicable. AGE.~AJI~4 ? I_.) OCT 0 9 2001 12. 13. 14. 15. Summary Findinqs: The basic premise underlying all of the development standards in the zoning division of the LDC is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; ProlCon: Evaluation not applicable. Summary Findinqs: 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. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; ProlCon: Evaluation not applicable. Summary Findinqs: The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential of the site as made possible by its consistency relationship with the FLUE as contained in the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: The proposed development complies with the GMP. Con: Evaluation not applicable. Summary Findings: A policy statement which has evaluated the scale and intensity of land uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 5 OCT 0 9 2001 I:'S. c:;'~,''~ 16. 17. ProlCon: Evaluation not applicable. Summary Findincls: There are many sites which are zoned to accommodate the proposed industrial/commercial development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. 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. ProlCon: Evaluation not applicable. Summary Findincjs: Physical alteration is a product of developing vacant land which cannot be avoided. 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. ProlCon: Evaluation not applicable. Summary Findincjs: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. 6 OCT 0 9 001 ORDINANCE NO. 01- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COH.rF.R 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 NI.IMB~ 9635S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UN-IT DEVELOPMENT KNOWN AS WHITE LAKE INDUSTRIAL CORPORATE PARK PUD, FOR PROPERTY LOCATED NORTHEAST OF AND ADJACENT TO THE INTERSECTION 1-75 AND COLLIER BOULEVARD (C.R. 951), IN SECTION 35, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 144.4+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 93-01, THE FORMER WHITE LAKE INDUSTRIAL PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, RWA, Inc., representing William T. Higgs, 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 35, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 9635S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended. ,a~eordingly. SECTION TWO: Ordinance Number 93-01, known as the White Lake Industrial Park PUD, adopted on January 5, 1993 by the Board of County Commissioners of Collier County, is hereby repealed in its entimy. This Ordinance shall become effective upon filing with the Department of State. -1- OCT 0 9 2001 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, florida, this __ day of ..... 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOR1DA Approved as to Form and Legal Sufficiency ~[~e M. Student Assistant County Attorney G:/~'min/PUD-92-0~( 1 )/CB/ow BY: JAMES D. CARTER, Ph.D., CHAIRMAN -2- ~GENDA ~TEId OCT 0 ~i 2001 WHITE LAKE CORPORATE PARK A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING WHITE LAKE CORPORATE PARK, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COI.I.mR COUNTY LAND DEVELOPIVtENT CODE PREPARED FOR: WILLIAM T. HIGGS 2666 AIRPORT ROAD SOUTH NAPLES, FLORIDA 34112 PREPARED BY: RWA, INC. 3050 NORTH HORSESHOE DRIVE SUITE 270 : NAPLES, FLOR.K)A 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL 9/7/01 Exhibit "A" OCT 0 9 2001 TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Section H Section m Section IV Section V Legal Description, Property Ownership and General Description Project Development Industrial Development Standards Commercial Area Development Standards Development Cowmitments ii I-1 H-1 ~-1 IV-1 V-I OCT 0 9 2001 LIST OF EXtIIRITS AND TABLES EXHIBIT A TABLE I PUD MASTER PLAN PROJECT LAND USE TRACTS Ocr 0 9 2001 STATEMENT OF COMPLIANCE The development of approximately 144.4 acres of property in Collier County aa a Planned Unit Development to be known aa White Lake Corporate Park is in compliance with the goals, objectives and policies of Collier County aa set forth in the Growth Management Plan. The facilities and improvements within the White Lake Corporate Park PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Managem .ent Plan for the following reasons: 10. The subject property proposed for development is within the Interchange Activity Center Subclistrict, and the Industrial District as identified on the Future Land Use Map'aa 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 //9. The land uses, and land use intensities proposed are consistent with the Future Land Use Element of the Collier County Growth Management Plan. Development of the White Lake Corporate Park PUD shall be consistent with the Activity Center rio Interchange Master Plan. The subject property is located in the northeast quadrant of the 1-75/Collier Boulevard Interchange. This strategic location allows the site superior access for the placement of commercial and industfialfousiness park activities. The project is a mixed-use development located within a designated Activity Center, therefore, the proposed commercial, and industrial 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 the White Lake Corporate Pork PUD will result in an efficient and economical extension of community facilities and services aa 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 aa set forth in Objective 3 of the Future Land Use Element. The Wl~tc Lake Corporate Park PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities a.s required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final Development Orders within the White Lake Corporate Park PUD are subject to thc Collier County Concurrency Management System, aa implemented by the Adequate Public Facilities Ordinance. ^C,E A rEM OCT 0 9 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 the White Lake Corporate Park PUD. 1.2 LEGAL DESCRIPTION Description of the South ½ of Section 35 lying North and East of 1-75 Right-of-Way and bounded on the East by m. onumented and occupied line. All that part of Section 35, Township 49 South, Range 26 East, Collier County, Florida and being described as follows: Commencing at the West ¼ Section comer of said Sect/on 35; thence along the East and West ¼ Sect/on line of said Section 35, North 89°-00-01" East 401.67 feet to the Easterly Right-of-Way line of 1-75 and the POINT OF BEGINNING of the parcel herein described; thence along the Right-of-Way line of said 1-75 the following seven (7) courses: (1) South 43°-47'-54'' East 222.17 feet; (2) South 46°-47'-05'' East 308.10 feet; (3) Southeasterly 1047.59 feet along the arc of a circular curve concave to the northeast, having a radius of 2700.79 feet and being subtended by a chord which bears South 57°-53'-50'' East 1041.03 feet; (4) South 690-00-33'' East 516.30 feet; (5) South 73°-00'-33'' East 2839.52 feet; (6) Southeasterly 411.28 feet along the arc of a circular curve concave to the Northeast, having a radius of 1492.89 feet and being subtended by a chord which bears south 80°-54'-53'' East 409.98 feet to a point of reverse curvature; (7) Easterly 22.49 feet along the arc of a circular curve concave to the South, having a radius of 1562.89 feet and being subtended by a chord which bears South 88°-22'-53" East 22.49 feet to the East line of said Section 35; Thence leaving said 1-75 Right-of-Way continue along said East line of Section 35, North 1°-57'-08' West 2089.96 feet to the East ¼ section comer of said Section 35; Thence along the East and West ¼ Section line of said Section 35, South 89o-00'- 00" West 4814.62 feet to the Point of Be~nning of the parcel herein described; subject to a Florida Power and Light Company easement as recorded in O.R. Book 681, pages 1214-1215, Collier County, Florida; also subject to other easements and restrictions or record; containing 144.4 acres of land more or less. 1.3 PROPERTY OVv~NERSHIP The subject property is currently under the unified ownership of William T. Higgs, 2666 Airport Road South, Naples, Florida 34112. I-1 OCT 0 9 2001 1.4 PHYSICAL DESCRIPTION ho This project is located Northeast of and adjacent to the intersection of Interstate 1-75 and County Road 951 in the South ½ of Section 35, Township 49 South, Range 26 East, Colli~ County, Florida. B. The zoning classification of the subject property is Planned Unit Development (PUD). C. The project site is within the South Florida Water Management District, Main Golden Gate Basin. D. Water management facilities for the proposed project are planned to be of the lake detention type. E. Elevations within the project site range from 8.2 to 12.9 feet above mean sea level. Most of the area, however, falls within the 9.5 t° 12.0 feet of elevation category. F. The site is located in Flood Zone X according to FIRM Map, panel 425 of 1125, Collier County, Florida. The soft types on the subject property include Pineda fine sand, limestone substratum (approximately 13%) and Boca fine sand (approximately 55%). The remainder of the site (approximately 32 %) consists of a lake. SOil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. Ho The property was historically utilized as an earth mining operation. Presently, the property is being developed in accordance with Section 3.2 and Section 4.2 of the former White Lake Corporate Park PUD. 1.5 PROJECT DESCRIPTION The White Lake Corporate Park PUD shall be a mixed-use development, with a small commercial development opportunity located west of the FP&L easement on the White Lake Boulevard frontage, and the industrial development opportunity will remain over the balance of the PUD property. The commercial component of the development is limited to 96,165 square feet of gross leasable floor area, and will be located on a 7.85+ acre parcel. The commercial land uses proposed are those typically associated with major interchanges, including, but not limited to, convenience stores with gas pumps, restaurants, fast-food and/or sit-down dining, and banks. The industrial/office park development is limited only by the land area available on the east side of the FP&L easement 1.6 SHORT TITLE This Ordinance shall be known and cited as the "White Lake Corporate Park Planned Unit Development Ordinance". I-2 AGENDA ITEM OCT 0 9 2001 SECTION H PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURI~OSE 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 White Lake Corporate Park PUD development, as well as other project relationships. GENERAL Regulations for development of the White Lake Corporate Park PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the 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 White Lake Corporate Park 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 that comprises this PUD. go 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 Ao The project Master Plan, including layout of streets and use of land for the various tracts is {llustrated graphically by Exhibit "A", PUD Master Plan. Them wiU be two land use tracts, portions of which may include water management lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit "A". OCT 0 9 2001 TABLE I PROJECT LAND USE TRACTS TYPE ACREAGE:k TRACT 'T' INDUSTRIAL 136.5 TRACT "C" COMMERCIAL 7.8 Areas within the PUD may be excavated and constructed as lakes or, upon approval, may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Minor modification to all tracts, lakes or oa:cr boundaries may be permitted at the time of final plat or site development plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. :2.4 DEVELOPMENT SCHEDULE The intent of the Developer is to proceed with and complete the subdivision process for t~e final phase of development and to construct the infrastructure improvement as soon as all necessary permits are received. Individual lots will then be sold to prospective end-users for development. Build-out is estimated to occur in the year 2002. 2.5 OPEN SPACE A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space in accordance with the Section 2.6.32.3. of the Collier County Land Development Code. This requirement shall not apply to individual development parcels. Of the project's total 144.4+ acres, the following acreages represent 38% of the total site, all contributing to open space. Lake: 36.6+ Ac. Wetland Conservation Area: 9.3+ Ac. Native Landscaping: 6.9~: Ac. FPL Easement: 3.0-1: Ac. 2.6 PROSPECT 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. II-2 OCT 0 9 2001 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 ofpwperty 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 Wact or parcel approved for commercial or industrial development contemplating fee simple ownership of land for each commercial or industrial 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 infrash-uctural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.7 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 Enviromental Services AdminisWator, or h/s 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 White Lake Corporate Park 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. 2.8 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 lan&scapingo decorative entrancewaya, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Enviroxunental Services Administrator, or his designee, for engineering and safety considerations prior to installation. 2.9 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 5.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Laud Development Code. H-3 ^GEND^ TEM OCT 0 9 2001 2.10 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 Ithe time of adoption of this Ordinance establishing the White Lake Corporate Park PUD. Whenever the developer elects to create land area whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within the White Lake Corporate Park PUD, thc 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. ; 2.11 FILL STORAGE Notwithstanding the provisions of Section 3.2.8.3.6. of the Collier County Land Development Code, fill storage is generally permitted as a principal use throughout the White Lake Corporate Park PUD. 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: A. Stockpile'maximum side slope: 3:1 Stockpile maximum height: thirty-five (35) feet 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. E. Fill storage shall not be permitted in Preserve Areas. 2.12 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the White Lake Corporate Park 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 development order approval. 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS White Lake Corporate Park PUD will be consistent with Policy 6.4.6 of the Conservation and Coastal Managcxnent Element of the Collier County Growth Management Plan, by adhering to the provisions of Section 3.9.5.5.3 of the Collier County Land Development Code. H-4 OCT 0 9 2001 2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code and shall be the standards of development for the PUD. Thenceforth, development in the area delineated as the White Lake Corporate Park ?UD District on the Official Zoning Map will be governed by the adopted development regulations, PUD Master Plan, and all applicable provisions of the Collier County Land Development Code. 2.15 ARCIIITECTURAL DESIGN GUIDELINES AND STANDARDS Commercial land uses shall comply with the provisions of Section 2.8.3. of the Land Development Code. Land uses proposed adjacent to the White Lake Boulevard Right-of- Way, visible from the 1-75 travel lanes, shall comply with the applicable architectural design guidelines set forth in Division 2.8 of the Land Development Code, and may request alternative architectural design standards as provided in, and in accordance with, the provisions of Section 2.8.2.5 of the Land Development Code. Alternative standards shall be evaluated for their consistency with the purpose and intent of the Activity Center #9 Interchange Master Plan. The purpose of the architectural guidelines and standards is to provide a pleasing visual experience from the 1-75 corridor in an effort to create a gateway into Naples and Collier County, thereby advancing the purpose of the Activity Center g9 Interchange Master Plan. At such time as Collier County adopts design standards for the Activity Center #9 interchange Master Plan, those standards shall apply to this PUD. H-5 OCT 0 9 2001 SECTION IH INDUSTRIAL DEVELOPMENT AREA 3.1 3.2 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract 'T', Industrial Development Area on Exhibit "A", PUD Master Plan. 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 Usest: 1) Agricultural related services (Industry Numbers 0711-0724, 0761, 0782, and 0783); 2) Apparel and other finished products as defined under Major Group 23; 3) Automotive repair, services, and parking as defined in Major Group 75; 4) Building construction as defined under Major Group 15; 5) Business services (Industry Numbers 7312, 7313, 7319, 7334-7336, and 7342-7389 ); 6) Communications as defined under Major Group 48; 7) Construction - special trade contractors as defined under Major Group 17; 8) Eating and drinking places (Industry Number 5812); 9) Educational services (Industry Numbers 8243-8249); 10) Electronic and other electrical equipment and components, except computer equipment as defined under Major Group 36; 11) Engineering, accounting, research, management, and related services (Industry Numbers 8711-8733); · 12) Fabricated metal products, except machine~] and transportation equipment (Industry Numbers 3411-3479, and 3499); 13) Food and kindred products (Industry Numbers 2011-2099). Slaughtering Plants of any kind are prohibited; 14) Furniture and fixtures as defined under Major Group 25; 15) Heavy construction other than building construction-contractors as defined under Major Group 16; 131-2 ~ Referm~ce Executive Office of the President, Office of Management and Budget, Standard lndustn'al Cla~sification Manual, 1987 Edition. OCT 0 9 2001 16) Industrial and commercial machinery and computer equipment as defined under Major Group 35; 17) Leather and leather products (Industry Numbers 3131-3199); 18) Local, and suburban transit and interurban highway passenger transportation as defined under Major Group 41; 19) Lumber and wood products (Industry Numbers 2426, 2431-2499); 20) Measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks as defined under Major Group 38; 21) Membership organizations (Industry Numbers 8611 and 8631); 22) Miscellaneous manufacturing industries as defined under Major Group 39; 23) Miscellaneous repair services (Industry Number 7692); 24) Motor freight transportation and warehousing (Industry Numbers 4212 - 4226); 25) Paper and allied products (Industry Numbers 2652-2679); 26) Personal services (Industry Number 7219); 27) Printing, publishing, and allied indus~es as defined under Major Group 27; 28) Rubber and miscellaneous plastics (Inclustry Numbers 3021-3089); 29) Stone, glass, and concrete products (Industry Numbers 3211, 3251-3273, and 3281); 30) Textile mill products (Industry Numbers 2211, 2221, 2241, 2251-2259, and 2273-2299); 31) Transportation equipment (industry Numbers 3714, 3716, 3728, 3732, 3751, 3769, 3792, and 3799); 32) Transportation services (Industry Numbers 4731, and 4783 ); 33) United States Postal Service as defined under Major Group 43; · 34) Wholesale trade-durable goods (Industry Number~ 5012-5014, 5021-5049, 5063-5088, 5091, 5092 and 5094); 35) Wholesale trade-nondurable goods (Industry Numbers 5111-5159, 5181, 5182, and 5199); 36) Any other use which is comparable in nature to the foregoing land uses as determined by the Collier County Planning Services Director. m-3 ; OCT 0 9 2001 3.3 Accessory Uses Accessory uses and structures customarily associated with the permitted pri~.~ ~. uses and structures, including, but not limited to: 1) Parking facilities; 2) Customary accessory and incidental uses and slructures associated with permitted principal uses of this PUD; 3) Retail sales and/or display areas as' accessory to the principal use, not to exceed an area greater than twenty percent (20%) of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. DEVELOPMENT STANDARDS A. GENERAL: Except as provided for h~rein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to the structure. B. MINIMUM LOT AREA: 20,000 square feet. C. AVERAGE LOT WIDTH: 100 feet. D. MINIMUM YARDS: 1) Front Yard: 50 feet; 2) Side Yard: 20 feet; 3) Rear Yard: 15 feet; 4) Waterfront: 25 feet; 4) Yards abutting off-site residential land uses: 50 feet; 5) Parcels with two frontages may reduce one front yard by 10 feet. E. MINIMUM DISTANCE BETWEEN STRUCTtJRES: Placement of structures shall be in compliance with NFPA standards for fire safety, with no less than 10 feet of separation. F. MAXIMUM HEIGHT: 50 feet. G. MINIMUM FLOOR AREA: 1,000 square feet. H. 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. 111-4 OCT 0 9 2001 OUTSIDE STORAGE: Outside storage of manufactured products, raw or finished materials, or vehicles other than passenger vehicles is permitted in this PUD subject to the provision of screening with a fence at least 7 feet in height above ground level from all adjacent or abutting residentially zoned or developed land. Said fence or wall shall be opaque in design, and made of masonry, wood, or other matea'ials approved by the Collier County Planning Services Director. 111-5 OCT 0 9 2001 SECTION IV COMMERCIAL DEVELOPMENT AREA 4.1 4.2 PURPOSE The purpos~ 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. MAXIMUM COMMERCIAL SQUARE FEET The 7.85:t: acre Commercial Development Area (Tract "C"), shall not be developed with more than 96,165 square feet of commercial uses. Should a hotel or motel be proposed, a commensurate amount of commercial development opportunity shall be lost, based on a comparison of average annual daily trip generations. 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) Apparel and accessory stores as defined under Major Group 56; 2) Automotive dealers and gasoline service stations (Industry Numbers 553 I, and 5541); 3) Building materials, hardware, and garden supply (Industry Numbers 5211- 5261); 4) Business services (Industry Numbers 7311, 7334, and 7371); 5) Carwashes (Industry Number 7542); 6) Eating and drinking places as defined under Major Group 58; 7) Engineering, accounting, research, and management (Numbers 8711 with no outside equipment storage, 8712 with no outside equipment storage, 8721, 8732, 8742, 8743, and 8748); 8) Finance, insurance, and real estate as defined under Major Groups 60, 61, 62, 63, 64, 65, and 67; 9) Food stores as defined under Major Group 54; 10) General merchandise stores as defined under Major Group 53; 11) Government office~ as defined under Major Group 91; IV-1 t Re£=i~ce Executive Office of the Preaident, Office of Management and Budget, Standard Indastn'al Classification Manual, 1987 Edition OCT 0 9 2001 12) Home furniture, furnishings, and equipment stores as defined under Major Group 57; 13) Hotels or motels (Industxy Number 7011). No more than 150 rooms shall be p~rmitt~d; 14) Legal services as defined under Major Group 81; 15) Miscellaneous retail as defined 'under Major Group 59, not including Industry Numbers 5932, 5961, 5983~5989, and not including the retail sale of fireworks; 16) Motion pictures as defined under Major Group 78; 17) Personal services (Industry Numbers 7211, 7215, 7216 except mg cleaning, 7221-7291, and 7299, only including car title and tag service, computer photography or portraits, costume rental, dress suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service, and tanning salons). Accessory Uses Accessory uses and structures customarily iSSOciated with the permitted principal uses and structures, including, but not limited to: 1) Parldng facilities; 2) One caretaker's residence. 4.4 DEVELOPMENT STANDARDS GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to the structure. MINIMUM LOT AREA: 10,000 square feet. AVERAGE LOT WIDTH: 100 feet. D. 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) Side Yard: 10 feet; 3) Rear Yard: One-half of the building height; 4) Parcels with two frontages may reduce one front yard by 10 feet. MINIMUM DISTANCE BETWEEN STRUCTURES: Placement of structures shall be in compliance with NFPA standards for fire safety, with no less than 10 feet of separation. F. MAXIMUM HEIGHT: 50 feet. IV-2 Lb OCT 0 9 2001 ...2-40 Ho MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the first finished floor. MAXIMUM GROSS LEASABLE FLOOR AREA: 96,165 square feet. OFF-STREET PARKING AND LOADING REQUIKEMENTS: As required by Division 2.3 of the Collier County Laad Development Code in effect at the time of site development plan approval. OUTSIDE STORAGE AND DISPLAY: Outside storage and display is prohibited in Tract C as depicted on Exhibit "A", PUD Master Plan, with the exception of gard,en centers. CARETAKER'S RESIDENCE: One (1) caretaker's residence shall be permitted for the commercial development area, subject to the following: 1) 2) The residence shall be constructed as an integral part of the shopping center or one of the commercial buildings, and shall be entered from within that structure. Exits that comply with fire codes shall be permitted. The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the shopping center or commercial facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of site development plan approval. Parking for the caretaker's residences shall be in addition to any other required parking facilities. IV-3 OCT 0 9 2001 SECTION V DEVELOPMENT COMMITMENTS 5.1 5.2 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. Tho developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master 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. These commitments may be assigned or delegated to a master association to be created by the developer. Upon assignment or delegation, the developer shall be released from responsibility for the commitment.~. 5.3 PUD MASTER DEVELOPMENT PLAN Ao Exhibit "A", PUD Master Had illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land nsc 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 pmvisious of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the White Lake Corporate Park PUD Master Plan upon written request of the developer. l) 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 White Lake Corporate Park PUD document. bo The minor change or rcfincment shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. V-1 OCT 0 9 2001 5.4 The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land use~, water management facilities, and preserve areas within, or externai ', the PUD boundaries. 2) 3) 4) SCHEDULE PROVISION The following shall be considered minor changes or refinements, subject the limitations of Subsection 5.3.C.1) of this document: Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulator7 agency review ~,.,t permitting. There may be no overall decrease in preserve area. bo Reconfiguration of lakes, or other water management facilities whe: ~ such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Internal realignment of vehicular circulation patterns. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure o~mpliance with all applicable County ordinances and regulations prior to the Administrator's consideration for approval. Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however, the Administrator's, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. OF DEVELOPMENT/MONITORING REPORT AND SUNSET TMs 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. 5.5 TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: The developer shall maintain joint/shared access with the adjacent property (Citygate pUD), via White Lake Boulevard. The petitioner shall provide left turn lanes and arterial level street lighting at all project entrances, if deemed warranted by Collier County. Thc turn lanes and arterial level street lighting shall be provided when requested by the County. Co The petitioner shall be responsible for a fair share contribution of the site related roadway improvements at the Collier Boulevard/White Lake Boulevard intersection, which has been determined to be $118,850.00, and shall be paid to Collier County on or before October 1,200l. V-2 OCT 0 9 2001 5.6 ENGINEERING The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Detailed paving, grading site drainage and utility plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction with the submitted plans is granted by Engineering Review Services. The internal right-of-way cross-section shall be in accordance with the typical section depicted on Exhibit "A", PUD Master Plan. Co Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. Work within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance 82-91. The project shall be platted in accordance with the Collier County Land Development Code to define the right-of-way, tracts, and easements as shown on the Master Plan. 5.7 WATER MANAGEMENT 5.8 The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A copy of the South Florida Water Management District (SFWlVID) Surface Water Permit Application shall be sent to Collier County Development Services with the Subdivision Plat and Construction Plan and/or SDP submittal. A copy of the approval of this SFWMD Surface Water Permit shall be submitted prior to Site Development Plan approval. All requirements of Excavation Permit No. 59.133 shall be complied with. If an annual report is not filed, the excavation permit will be considered void in accordance with the Land Development Code and a complete resubmission will be necessary. UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Ao Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, cons~'ucted, conveyed~ owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, an,d other applicable County roles and regulations. V-3 OCT 0 2001 Bo The on-site water distribution system to serve the project must be connected, to the District's water main consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution 1. Dead-end mains shall be eliminated by looping the internal pipeline network; Stubs for future system interconnection with adjacent properties shall be provided to the east property line of the project, at locations to be mutually agreed tO by the County and the Developer during the design phase of the project; The utihty construction documents for the project's sewerage system shall be prepared so that all sewage flowing into the County's sewerage system is transmitted by one (1) lnain on-site Pump station, The developer's engineer shall meet with' the County staff prior to commencing preparation of construction drawings, So that all aspects of the sewerage system design can be coordinated with the County's Sewer Master Plan; The existing off-site water facilities of the Dislrict must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands for the project, and the District's existing committed capacity. 5.9 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A Wetland preserve/conservation areas shall be surveyed prior to conslruction plan/plat approval. A conservation easement similar to or as per Chapter 704.06 Florida Statutes shall be created and indicated On the plat, and shall be recorded in the Public Records of Collier County.' . Bo All State and Federal permits that may affect the design of this project shall be submitted to Engineering Review Services prior to final subdivision plat approval. The use of native species in landscape plans shall be in accordance with Section 2.4.4.1 of the Collier County Land Development Code. PrOhibited exotic vegetation removal shall be performed in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Eo Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course of site clearing, excavation or other. ~onstruction activity a historic artifact is found, all development ,within tho minimum area necessary to protect the discovery shall be immediately stopped and the Collier C~unty Code Enforcement Department contacted. ',* - The mitigation plan for the preserve-and buffer areas is provided in the Environmental Impact Statement. V-4 F OCT 0 9 2001 The PUD Master Plan provides 4.9 acres of conservation area on-site. An additional 6.9 acres of native landscaping will be planted on site, and 0.3 acres of littoral vegetation will be restored along the entire lake bank where it abuts the conservation area. Mitigation planting within conservation areas, buffers and lake littoral zones shall be completed prior to preliminary acceptance of the next phase of the development. 5.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office that may be constructed prior to commencement of infrastructure construction. 5.11 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code, and the Activity Center #9 Interchange Master Plan. 5.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the White Lake Corporate Park PUD, except in preserve areas. The following standards shall apply: Landscape berms shall have the following maximum side slopes: 1) Grassedberms 3:1 2) Ground covered berms 3:1 3) Rip-Rap berms 1:1 4) Structural walled berms may be vertical. Fencing materials shall be of either wood, masonry or similar material, except an eight (8) foot high unified, architecturally finished opaque masonry wall shall be built along White Lakes Boulevard in the Industrial section of the PUD. A type "D" landscape buffer shall be placed along the street side of said wall. Construction of the wall shall occur prior to or concurrently with building construction on each parcel. Fence or wall maximum height: 9 feet, as measured from the finished grade of the ground at the base of the fence or wall. 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, unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the fence or wall shall not exceed 6 feet in height from the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:l, 2:1, 1:1, or vertical). Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas in accordance with Division 2.4 of the Land Development Code. 5.13 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, and the Activity Center #9 Interchange Mast P1~- ACaF.~A ~ V-5 OCT 0 9 2001 , L. il ~ ~OULtNW~ (Cji, FPJtL EXHIBIT 'A ' OCT 0 9 2001 WHITE LAKE ENIM~g-I:Pd~ CORPORATE PARK A PLANNED UNIT DEVELOPMENT t~-PREPARED FOR: nth,]r~, ~th, nr~o A ~x~ Willi~ T. ~s 2666 ~ORT RO~ SO~ N~S, ~~a ~n~. 34112 PREPARED BY: ~ T ~ n A~XT AX~ n~C~ ~T~ 3050 Nogh Horseshoe Drive 3200 nAn~v~ AXm AT Am~n* ~A~ Suite 270 x~sm ce ~ ~n a~n~. Naples, Flohda 34104 TATxTI'TADV ~ 1~ REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WHITE LAKE CORPORATE PARK PUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL O/< Exhibit "A" OCT 0 9 2001 WHITE LAKE ~ CORPORATE TABI,E OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION HI SECTION 1V PROPERTY OWNERSHIP & DESCRIPTION & SHORT TITLE PROJECT DEVELOPMENT REQUIREMENTS GENERAL DEVELOPMENT STANDARDS GENERAL DEVELOPMENT COMMITMENTS 1-1 2-1 3-1 4-1 OCT 0 9 2001 LIST OF ExHmITS 13, ]='~ TT ]~Z' "V'I_.TT123, l T EXHIBIT A: PUD Master Plan EXHI~IT B: Aerial Photo EXHIBIT C: Conceptual Water Management Plan EXHIBIT D: Typical Lake Cross Section and Typical Pavement Section EXI4ABIT E: Boundary Survey ^ c~o ^ rrm OCT 0 9 2001 STATEMENT OF COMPLIANCE 1.1 1.2 INDUSTRIAL PROJECT The developm~t of approximately 144.4 acres of property in Collier County, Florida as a Planned Unit Development to-b~ known as White Lake ~du~al Corporate Park ~ is in compliance with the planning goals and objectives of Collier County as set forth in the comprehensive plan. The facilities within White Lake Ind'-'.~"2 Corporate Park will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons; 1. The subject property is located within the Urban boundary and is designated industrial on the Furore Land Use Map (Amendment 90-4). 2. The project development is compatible and complimentary to existing and future surrounding land uses; County Landfill 0.7 miles to the east Citygate D.R.I. directly to the north County Water Treatment facility 700 feet to the Northwest 1-75 to the South Reasonable location with regard to labor supply, sources of raw materials and marke~s. The location and public road network ensures easy access to markets in Collier and Lee Counties as well as the lower east coast of Florida. The proximity of Golden Gate City and Estates provides excellent potential for labor supply. This project's strategic location allows site superior access for the placement of industrial activity. Improvements are planned to be in compliance with applicable regulations. FOR ALL PROJECTS All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance. OCT 0 9 2001 SECTION I PROPERTY OWNERSHIP AND GENERAL 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 "White Lake Indu:tr:,-M Corporate Park". /"7\ 1-1 AGENOA I'l'tM OCl 0 ~ 2001 1.2 LEGAL DESCRIPTION,. Description of the South V2 of Section 35 lying North and East of 1-75 Right-of- Way and bounded on the East by monumented and occupied line. All that art of Section 35 Townshi 49 Sout Ran e 26 East Collier Coum Florida and being described as follows: Commencin at the west V4 section comer of said Section 35' thence alon the east and west 'A section line of said Section 35 North 89°-00'-01'' East 401.67 feet to the easterly right-of-way line of 1-75 and the POINT OF BEGINNING of the parcel herein described; thence along the right-of-way line of said 1-75 the following seven (7) courses; (1) (2) (3) (5) (6) (7) South 43°-47'-54'' East 222.17 feet; South 460-47'-05'' East 308.10 feet; Southeasterly 1047.59 feet along the arc of a circular curve concave to the northeast, having a radius of 2700.79 feet and being subtended by a chord which bears South 57°-)3'- 50" East 1041.03 feet; South 69°-00'-33' East 516.30 feet; South 73°-00'-33'' East 2839.52 feet; Southeasterly 411.28 feet along the arc of a circular curve concave to the northeast, having a radius of 1492.89 feel[ and being subtended by a chord which bears South 800-)4'- 53" East 409.98 feet to a point of reverse curvature; Easterly 22.49 feet along the arc of a circular curve concave to the south, having a radius of 1562.89 feet and being subtended by a chord which bears South 88°-22'-53'' East 22.49 feet to the east line of said Section 35.; OCT 0 9 2001 1.3 1.4 1.5 thence leaving said 1-75 right-if-way continue along said east line of Section 35, North 1°-57'-08'' West 2089.96 feet to the east lA section comer of said Section 35; thence along the east and west lA section line of said Section 35, South 89°-00'-00'' West 4814.62 feet to the Point of Beginning of the parcel herein described; subject to a Florida Power and Light Company easemem as recorded in O.R. Book 681, pages 1214-1215, Collier County, Florida: also subject to other easements and restrictions or record; containing 144.4 acres of land more or less. PROPERTY OWNERSHIP The subject property is currently under the unified ownership of ~ r, .....':"" William T. Higgs, 2666 Airport Road South, Naples, Florida '~n~-~ 34112. GENERAL DESCRIPTION OF PROPERTY AREA This project is located Northeast of and adjacent to the intersection of Interstate 1-75 and County Road 951 in the South ½ of Section 35, Township 49 South, Range 26 East, Collier County, Florida. 2. The zoning classification of the subject propertyv ~":~' .......... ~ m ,r~ ........ vv ....~ ;:'as is "A" ^ "~--~*'.~ Planned Unit Development (PUD). PHYSICAL DESCRIPTION 1. The project site is within the South Florida Water Management District, Main Golden Gate Basin. 2. Water Management for the proposed project is planned to be the lake detention type. Elevations within the project site range from 8.2 to 12.9 feet above mean sea level. Most of the area, however, falls within the 9.5 to 12.0 feet of elevation category. 4. The site is located in Flood Zone X according to FIRM Map, Collier County, Florida, panel 425 of 1125. 1-2 OCT 0 2001 1.6 5. The soil types on the site include Pineda fine sand (approximately 13%) and Boca fine sand (approximately 55%), not including appr(';~',,imately 31% lake. Soil characteristics were derived from the Soil Survey c, t'(',,!tier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March, 1954. petty :l ......~..: ........~- ....... :* was historically utilized as an 6. The pro ~ ~s-A, .~ Ae~al m,~. .... ~ rc~,a,;, r,x Presently, earth mining operation ............... e,.,-v- ~ ......... ,- the property_ is being developed in accordance with the ;~ermitted industrial land uses in Section 3.2... SHOR______~T TITLE This Ordinance shall be known as the "White Lake In~'..':tff, a! Corporate Park Planned Unit Developmem Ordinance". 1-3 OCT 0 2001 2.1 2.2 2.3 2.4 SECTION 1I PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of White Lake In~,...,:t:-i~2 Corporate Park 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 (LDC) 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 LDC shall apply. 2. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC. Development permitted by the approval of this petition will be subject to a concurrency review under the Adequate Public Facilities Ordinance as codified in Article 3, Division 3.15 of the Collier County Land Development Code or its successor provision at the time of building permit issuance. Unless specifically waived through the appropriate channels for obtaining waiver fi-om any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. DESCRIPTION OF PROJECT PLAN White Lake L-:du:tSa! Corporate Park is a planned unit development intended for industrial Wp~ land uses. The project shall be served by all necessary infi'astmcture, including a water management system, and shall fulfill the requirements and standards of the Collier County Growth Management Plan for this type of use. PROPOSED LAND USE As outlined in Section 3.2, Permitted Uses and Structures, the land uses are industrial in nature. Land use will vary but approximate acreages are I sted in 2-1 ~,~I7~A ~IF..,~ OCT 0 9 2001 2.6 2.7 ~.:,~ ~ c T ~a T T,~ e~u~a.a,~ ilding S ............... Exhibit "A" PUD Master Plan. All bu s will conform to Development Standards as set forth in this document, and may alter final design and layout subject to the provision of Section 2.7.3.5. of the Land Development Code. Changes in acreage concerning internal land uses may be allowed to accommodate vegetation, utilities, topography and site conditions prior to final design. 2.5 LAND USE SCHEDULE For the Land Use Table please reference the P:U:D:. Master Plan, D .... ,:-~ xT~ o'; ~ n,: ^ Exhibit g. "A" RELA~D 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 appr6priate Collier County governmental agency to insure compliance with PUD Master Plan, the Land Development Code (LDC), the platting laws of the State of Florida, and all applicable County codes and ordinances. Exhibit "~ .... A"~ PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat (PSP) 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 the LDC, and the platting laws of the State of Florida. The provisions of Section 3.3.5 Site Development Plans, of the LDC when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said Section 3.3.5 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 5. The developer of any platted tract or platted parcel shall obtain Site Development Plan Approval, in accordance with Section 3.3.5 of the LDC. LAKE SITING The lake setback requirements described in Section 3.5 of the Land Development Code, are applicable. 2-2 2.8 PROJECT ACCESS 2.9 2.10 2.11 It is the intent of the Developer to provide three access points for the project from White Lake Boulevard azzegr, rc,~ number I as shown on the PUD Master Plan (Exhibit g _A). OPEN SPACE A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space in accordance with the Collier County Ordinance 89-42. This requirement shall not apply to individual development parcels. In addition, this project shall comply with County Ordinance number 8%58 (Preservation of Native Habitat and Tree Removal Permit). Of the project's total 144.4+ acres, the following acreages represent gT.,~,~, 33% of the total site, all contributing to open space. Lake: 36.6 44-I-+ Ac. Conservation Area: 8.1 1 1.2_+ Ac. FPL Easements: 3.0+ Ac. DEVELOPMENT SCHEDULE The intent of the developer is to proceed with and complete the subdivision process for the final phase of development ............. ~ ~c,u~ r, ~ ~ .n ,.v .... vv ................ and to construct the pfima~ infi-astrueture improvements syst6~ as soon as all necessary permits are received. Individual lots will then be sold to prospective end-users for development. Build-out is estimated to occur by the year 2002 2000. PRESERVATION OF NATURAL VEGETATION AND TREE REMOVAL 2.12 Cleating, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this document. Necessary permits shall be obtained as outlined in Section 3.9 of the Land Development Code. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Land Development Code. AC_.~A ITEM 2-3 no. gD OCT 0 9 2001 2.13 2.14 LIMITATIONS OF PUD APPROVAL Petitioner shall comply with Section 2.7.3.4 of the Land Development Code. PUD MONITORING REPORT Petitioner shall comply with Section 2.7.3.6 of the Land Developmem Code. 2-4 OCT 0 9 2001 3.1 3.2 SECTION III GENERAL DEVELOPMENT STANDARDS PURPOSE The purpose of this section is to set forth the permitted uses and development standards for development within White Lake '~d',:~fi~ Corporate Park. PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part for other than the following: 1. PERMITTED USES 2. 3. 4. 5. 8. 9. 10. 11. 12. 13. Agricultural Services (groups 0711-0724, 0761, 0782, 0783). Apparel and Other Finished Products (groups 2311-2399). Automotive Repair, Service, and Parking (groups 7513-7549). Building Construction (groups 1521-1542). Business Services (groups 7312, 7313, 7319, 7334-7336, 7342- 7389). Communications (groups 4812-4899 including communication towers, subject to the requirements of Section 2.6.35 of the Land Development Code). Construction-Special Trade Contractors (groups 1711-1799). Eating Places (5812). Education Services (8243-8249). Electronic and Other Electrical Equipment (groups 3612-3699). Engineering, Accounting, Research, Management and Related Services (groups 8711-8713, 8731, 8734). Fabricated Metal Products (groups 3411-3479, 3491-3499). Food and Kindred Products (groups 2011-2099, exce slaughtering plants). 3-1 ~ A~A ~TEM OCT 0 9 2001 14. Furniture and Fixtures (groups 2511-2599). 15. Heavy Construction (groups 1611-1629). 16. Industrial and Commerc Machinery and C~).~puter Equipment (3511-3599). 17. Leather and Leather Products (groups 3131- ~ ! 99). 18. Local and Suburban Transit (groups 4111-4173). 19. Lumber and Wood Products (groups 2426, 2431-2499). 20. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (groups 3812- 3873). 21. Membership Organizations (groups 8611,8631). 22. Misce~eous Manufacturing Industries (groups 3911-3999). 23. Motor Freight Transportation and Warehousing (groups 4212- 4225). 24. Paper and Allied Products (2652-2679). 25. Personal Services (groups 7211-7219). 26. Printing Publishing and Allied Industries (groups 2711-2796). 27. Rubber and MisceLlaneous Plastics Products (groups 3021, 3052, 3053). 28. Stone, Clay, Glass, and Concrete Products (groups 3221, 3251, 3253, 3255-3273, 3281). 29. Textile Mill Products (groups 2211-2221, 2241-2259, 2273-2289, 2297, 2298). 30. Transportation Equipment (groups 3714, 3716, 3731, 3732, 3751, 31. 32. 3769, 3792, 3799). Transportation Services (groups 4731-4783). United States Postal Service (4311). 3-2 OCT 0 9 2001 33. 34. 35. Welding Repair (7692). Wholesale Trade-Durable Goods (groups 5012-5014, 5021-5049, 5063-5092, 5094-5099). Wholesale Trade-Nondurable Goods (groups 5111-5159, 5181, 5182, 5191-5199). 3.3 2. USES ACCESSORY TO PERMITTED USES: Uses and structures that are accessory and incidental to uses permitted as of right in the Industrial District. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than twenty percent (20%) of the gross floor area of the permitted principal use and subject to retail standards for landscaping, parking and open space. DEVELOPMENT AND PERFORMANCE STANDARDS 1. Minimum Lot Area: Twenty thousand (20,000) square feet. 2. Minimum Lot Width: One hundred feet (100'). 3. Minimum Yard Requirements- 2. 3. 4. 5. Front Yard: Fifty feet (50') Side Yard: Twenty feet (20') Rear Yard: Thirty-five feet (35') Waterfront: Twenty-five feet (25') Yard abutting residential parcel: Filly feet (50') Maximum Height of Structures' Fifty feet (50') Minimum Floor Area: One thousand (1,000) square feet. Distance Between Structm'es: Placement of structures will be in compliance with NFPA standards for fire safety. Fence Requirements: All permitted uses allowing for storage other than within an enclosed building, including but not limited to the storage of manufactured products; mw or finished materials; or vehicles other than passenger; shall be required to screen said storage areas with a fence at least seven (7) feet in height above ground level from all adj ,cent IIg~:)A 3-3 n~ OCT 0 9 2001 9 10. 11. 12. abutting residentially zoned or developed land. Said fence or wall shall be opaque in design and made of masonry, wood, or other materials approved by the Devele, pment Sc, rAcer, DL-ecte, rPlanning Services Manager. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County Regulations in effect at the time building permits are sought unless otherwise specified in this document. Prior to development of any building parcel, a site development plan shall be approved in accordance with Section 3.3 of the Land Development Code. Landscape Area~_ Landscaping shall be in accordance with the Collier County Land Development Code. Landscaping Standards 1. Landscaped yard areas may include the use of screens, fountains, pools and other water arrangements, and various types of trees and shrubs. All trees, plants and shrubs shall be varieties that are adaptable to the local soil and climate condition and which blend with existing natural growth and shall be compatible with adjacent landscaped areas, in the opinion of a qualified landscape architect or horticulturist. 2. All landscaped areas shall be perpetually maintained in good condition at all times. 3. Landscaping and associated features shall not obscure site distances in a manner that may create a traffic hazard. Outside storage is allowed subject to the requirements of Section 3.3.7. organization conceived and established to own and mainta open space or common facilities. 3-4 Maintenance of Common Areas The developer shall establish an organization for the ownership and maintenance of any common open and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by sale or otherwise, except to an n the. enmmoz~..,,-,..~. OCT 0 9 2001 14. 16. 15. General Application for Setbacks' with the following: Front yard setbacks shall comply If the parcel is served by a platted access easement, setback is measured from the back of curb or edge of pavement, whichever is closer to the structure. If the parcel is served by a platted private drive, setback is measured from the back of curb or edge of pavement, whichever is closer to the structure. Project Buffers: boundaries. All buffer setbacks shall be measured from platted lot 1. External Buffer.____.s_s shall comply with the buffer provisions of Section 2.4.7 of the Land Development Code. 2. Internal Buffers shall be provided as follows: 1. Adjacent to an internal roadway; Type A, ten foot (10') buffer; 2. Adjoining property: Type A, ten foot (10') buffer. General Performance Standard: Noise, odor, vibration, glare (as differentiated from general illumination), smoke and dust readily detectable by human senses at property boundary lines shall not exceed the background levels characteristic of retail commercial areas. In the event some or all of these performance characteristics are regulated by applicable federal, state, and/or local law, such regulations shall control. Uses which generate special or hazardous waste shall not be established or permitted to operate unless definitive plans for dealing with the waste product have been approved by all agencies with jurisdiction over the matter. Further, said uses shall be governed by all applicable federal, state and/or local laws as may be adopted or mended from time to time. The future performance characteristics of a given land use are often not predictable with accuracy at the time of building permit issuance. The above listed uses are initiated, but are continuing performance obligations, unless overridden by applicable federal, state and/or local law. 3-5 ~G~A ITEM OCT 0 9 2001 Architectural Design Guidelines: 17 Property located adjacent to White Lake Boulevard shall comply with the architectural design guidelines setforth in Division 2.8 of the LDC. The purpose for the architectural guidelines along White Lake Boulevard is to create a gateway into Naples visible from the 1-75 cooridor. 3-6 OCT 0 9 2001 ps.~' _ 4.1 4.3 4.4 4.2 SECTION IV GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable state and local laws, codes, and regulations applicable to the PUD at the time building permits are obtained. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Codel (LDC) shall apply to this project even if the Land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. PUD MASTER PLAN Exhibit B _A, PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries and special treatment land use boundaries shall not be constructed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the LDC, amendments may be made fi.om time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. TRANSPORTATION The developer of this PUD shall be subject to the following stipulations of the County Traffic Engineer: 4-1 AGF~A ITEM OCT O 9 2001 4.5 o The petitioner shall provide for a joint/shared access with the adjacent property (Citygate PUD). The petitioner shall provide appropriate lef~ turn lanes and arterial level street lighting at all project entrances. The petitioner shall be responsible for the paymem of roadway impact fees in accordance with Ordinance 92-22. If improvements are necessary at the CR 951/~ White Lake Boulevard intersection, they are to be considered site-related and will not be eligible for roadway impact fee credits. A detailed analysis of the Azcz:: Road No. lWhite Lake Boulevard/CR 951 intersection shall be performed prior to the final approval of either PSP of SDP, whichever comes first. Such an analysis shall include a detailed study of the capacity and operations aspects of the intersection both with and without the project. If in the opinion of Transportation Services Division Staff, this analysis shows that there will be no degradation of either LOS below County's minimum standards or safety of the intersection in accordance with accepted traffic engineering standards, and Collier County Transportation Services Division approval, then final approval of such PSP or SDP will be granted. If, however, this project would cause an unacceptable degradation, then such approval would be withheld pending resolution of the degradation issue. Should a capacity deficiency be determined to exist at the CR 95 Read Ne,. I White Lake Boulevard intersection and should alternate access not exist through the CITYGATE project as currently planned, the County reserves the right to control the level of development within the White Lake PUD so as not to create a service level deficiency on CR 951, Ne.. I White Lake Boulevard or at the intersection of these two roadways. WATER MANAGEMENT The developer of this PUD shall be subject to the following stipulations of the Environmental Advisory ~ Council: Should the South Florida Water Managemem District, or any other agency, during it's review process require significant changes be made to the site plan and/or the water management facilities, Collier County reserves the fight to re-review the project and have it heard by the Environmental Advisory ~ Council. 4-2 AGENDA ITEM OCT 0 9 2001 4.6 All requiremems of Excavation Permit No. 59.133 shall be complied with. An annual report shall be filed with Collier County prior to January 1, 1993. Ifa report is not filed, the excavation permit will be considered void in accordance with the Land Development Code and a complete resubmission will be necessary. UTILITIES The developer of this PUD shall be subject to the following stipulations of the County Utility Engineer: Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. The on-site water distribution system to serve the project must be connected to the District's water main consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead end mains shall be eliminated by looping the internal pipeline network. Stubs for future system interconnection with adjacent properties shall be provided to the east property line of the project, at locations to be mutually agreed to by the County and the Developer during the design phase of the project. 4-3 AGEJ~A ITEM OCT 0 9 2001 4.7 The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing into the County's sewerage system is transmitted by one (1) main on-site pump station. The Developer's Engineer shall meet with the County staffprior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. ENGINEERING The developer of this PUD shall be subject to the following stipulations: Detailed paving, grading, site drainage and utility plans shall be submitted to Br-oje~ Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction with the submitted plans is granted by Pr-ojeet Engineering Review Services. The internal right-of-way cross section shall E~bit '~". 2. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. 4-4 4.9 3. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82-91. 4. The project shall be platted in accordance with the Collier County LDC to define the fight-of-way, tracts, and easements as shown on the Master Plan. Wetland preserve/conservation areas shall be surveyed prior to construction plan/plat approval. A conservation easement similar to or as per Chapter 704.06 Florida Statutes shall be created and indicated on the plat, and shall be recorded in the public records of Collier County. 2. Site clearing permit review procedures shall be in accordance with Section 3.9.6 of he Collier County Land Development Code. AH State and Federal permits that may affect the design of this project shall be submitted to.D -~ : '-'*. ,,j ,,,, , .m--.,~. ~,,~..,~..D ~.a .... Engineering Review Services prior to final subdivision plat approval. .4 5. The use of native species in landscape plans shall be in accordance with Section 2.4.4.1 of the Collier County Land Development Code. 6. Prohibited exotic vegetation removal shall be performed in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Procedures regarding any historical or archaeological sites identified shall be in accordance with Section 2.2.25 of the Collier County Land Development Code. 9. The mitigation plan for the revegetation plan shall be provided at the time of the next development order submittal. 4-5 AGEJNDA ITEM OCT 0 9 2001 qO 4.10 4.11 SIGNS, All signs shall be in accordance with Section 2.5 of the Land Developmem Code. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Section 2.4.5 of the Land Development Code. Ln:1~5~1993/3046 4-6 AGENDA ITEM OCT ~ 9 ~0~1 9 2001 / / / / / / / / / C,R, 9.51 OCT 0 9 20~ I1 200{ AGEI',~3A No. 0 9 2001 ~-<~ OCT 0 9 2 'i /, t r, BOUNDARY SKETCH &: DESCRIPTION OCT 0 9 2001 I~ t3~MUNITY SERVICES MAp SHERIFF SUBSTATION FIRE DEPARTMENT SCHOOL I-GOLDEN GATE ELEMENTARY 2-GOLDEN HATE MIDDLE SCHOOL ~5-ST J, Of~ HEUMANN HIGH SCHOOL I=X~IBIT AGE. I~ A ~ WHITE' LAKE INDUSTRIAL PARK WHITE LAKE INDUSTRIAL PARK AERIAL PHOTOGRAPH EXHIBIT -I rIEM 2001 POWER CORPORATION WHITE LAKE INDUSTRIAL PARI. VEGETATION AND SOILS MAPS // i' POWER CORPORATION WHITE LAKE INDUSTRIAL PARK CONCEPTUAL WATER MANAGEMC_.NT PLAN OCT O 9 P~ .~ ~.001 AFFIDAVIT I [a/t"l · - I' ['~ [ ~ ~ , being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attacl~ed to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. day of The foregoing insturnent was acknowledged before me this c_~z c_<ix~'7 , 199 2- , by : t. c , ,.~ ,>v /.~ ~;' :: ~: , of " 7.// 0"- ;/-,/fa corporation, on behatf of the corporation. He/she is personally known to me or has produced as identification and did/did not take an oath. (Affix Seal) Signature of Persori"Taking;~cknowledgement " ~'f/,-? ~':/_ ,o' T-/---- ~ c 6 Name of Acknowledger Typed, Printed or Stamped Title or Rank/ ' 7127/92-001100(17-t.~. [.,4. N Serial Number, if a My Commission Ex Hot~ry Public, Stnte o{ My Commission Expires Jura ~"nded Thru Tto~ ~a~ · In,ute i res.~_ Y -~ o t, ,OCT 0 9 2001 17, 1994 PETITION NUMBER_ DATE_ 0/09/00 APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DMSION PLANNING SERVICES 1. Name of Applicant (s) ~ Applicant's Mailing Address 2666 Ai oft Road City_ Naples State. Florida Applicant's Telephone Number: Res.: Is the applicant the owner of the subject property? X Yes Bus.: Zip 34112 941-775-2230 No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b) If applicant is a corporation other than a public corporation, so indicate and name officers and major stockholders below. _ (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. X _ (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach a copy of lease, and indicate actual owners if not indicated on the lease. ~_. (0 If applicant is a contract purchaser, attach a copy of contract, and indicate -- actual owner (s) name and address below. (If space is inadequate, attach on separate page.) 2. Name of Agent Dwight Nad¢_au Firm_ RWA, Inc. Agents Mailing Address ~orseshoeDn've Suite 270 City Naples State Florida Zip Telephone Number:Bus.: 941-649-1509 Fax.: 941-649-7056 3410' " 3. PUD ORDINANCE NAME AND NUMBER: Ordinance 93-1, "White Lake Industrial Park PUD" DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400'scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 35 TOWNSHIP 49 South RANGE 26 East Note: See PUD Document for legal description. The subject site is 144.4 acres. 5. Address or location of subject property The subject property is located at the northeast intersection of 1-75 and CR-951. 6. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No. 7. TYPE OF AMENDMENT: X A. PUD Document Language Amendment X B. PUD Master Plan Amendment __ C. Development Order Language Amendment 8. DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes No If no, explain: 9. HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? No. PETITION #: DATE: M:\1997 Projects[97-0062 While Lake Industrial Park~Oenni{ Applications and Support~Application for Public Hearing For PUD Ame~drrs~ - DO Amendmoat d OCT 0 9 2001 Pg. ,.~..i,,. ,~.~ ! 0. HAS ANY PORTION OF THE PUD BEEN X SOLD AND/OR X DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes X No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT I, William T. Highs being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and tree to the best of my knowledge and belief. I understand this application must be completed and accurate before a heating can be advertised. I further permit the undersigned to act as my representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY. SIGN/A~JRE OF OWI~ZR Dwight Nadeau State of Florida County of Collier Oat of A lic,ati, n was acknowledge before me this ~ - day The foregoing ~L/t')~/~ffi ~" A/,O~3 , who has produce ~ PP - d ___,_2001 by as identification anc~ who did (4fid-ne0 t~ °ath~ ((S~gn~tu~e of N~'tar~ t/ublic) MY CO~ # CC g74132 EXPIRES: Octol3m' 9, 2004 NOTARY PUBLIC Commission # ~] 76/13 My Commission Expires: ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF JANUARY 3~ 2001 Item II. III. IV. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: Planned Unit Development Amendment No. PUD-92-08(1) White Lake Corporate Park PUD William T. Higgs RWA, Inc. Passarella and Associates. Inc. LOCATION: The subject property is located in the north east quadrant of Collier Boulevard and Interstate 1-75, immediately north of Landfill Road, in Section 35, Township 49 South, Range 26 East, Collier County, Florida. DESCRIPTION OF SURROUNDING PROPERTIES: Surrounding properties to the north and east are undeveloped and wooded. Interstate 1-75 is located immediately south and west of the project, across which is the Toll Gate Commercial Plaza PUD. ZONING DESCRIPTION N - PUD (Citygate) Undeveloped S - R.O.W. Interstate 1-75 E - Agricultural Undeveloped W - R.O.W. Interstate 1-75 Interchange PROJECT DESCRIPTION: The applicant is requesting to amend the existing White Lake Industrial P consisting of 144.4 acres, originally approved in 1992, by increasing the i ~dustrial ~ OCT 0 2001 "'l EAC Meeting Page 2 of 9 V® land use from 67.4 acres to 86.3 acres; by reducing the conservation areas from 11.3 acres to 8.1 acres. This amendment will reduce the overall open space areas from 47.9 pement to 33 pement of the total site. This amendment will also change the name from "White Lakes Industrial Park PUD" to "White Lake Corporate Park PUD". GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Industrial District, and Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. The Urban Industrial District permits basic industrial uses and limited commercial uses; Interchange Activity Center (09) permits the full an'ay of commercial uses, institutional uses, business parks, and hotel/motel uses at a density consistent with the Land Development Code, and industrial uses in the northwest, northeast and southeast quadrants. Based on the above analysis, the proposed PUD amendment is deemed consistent with the Future Land Use Element of the Growth Management Plan. 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, stormwater systems should be designed in such a way that discharged water docs 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 an interconnected wetland reserve to provide water quality retention and peak flow attenuation during storm events. With regards to native vegetation preservation and wetland issues, the following Objectives and Policies apply: ~C.-~=NDA r~ OCT 0 9 2001 EAC M~ti~g Page 3 of 9 Vie 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 SF'WMD mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat". 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 6.4.7 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. Impacts to jurisdictional wetlands for this project are being mitigated through the preservation and enhancement of wetlands on and off site. The petition is consistent with Objective 6.4 in that it preserves/replants the same amount of native vegetation as identified in the original PUD. MAJOR ISSUF_~: Water Management: The water quality retention and water quantity peak flow attenuation for this site is accomplished in a relatively large pre-existing on-site lake that was 'a qu~Al.~Oa created to generate fill for road construction. OCT 0 9 2001 EAC M~eting Page 4 of 9 Environmental: Site Description: The subject property is an existing 144 acre PUD with infrastructure in place to service about 2/3 of the site. Much of the property was previously altered during construction of Interstate 1-75. Wooded areas on site total approximately 24.4 acres and consist of hydric pine flatwoods, pine-cypress mix, cypress, wax myrtle- willow, forested wetland creation and pine flatwoods. Soil types on the subject property include Pineda fine sand, limestone substratum (Unit #14) and Boca fine sand (Unit 21), as determined by the Natural Resources Conservation Service (NRCS), Soil Survey of Collier County. Soil Map Unit #14, Pineda fine sand, limestone substratum, is listed as hydric by the NRCS office and occupies about 55% of the site. Also on the property is an existing 37 acre lake. The wet season high water table for White Lake Corporate Park is approximately 9.5 feet NGVD. This elevation was previously determined from water table monitoring data collected September 1992 through November 1992 and review of adjacent water management plans. Downstream improvements proposed for Henderson Creek Canal will have a tendency to raise the water table. As a result, a control elevation of 10.0 was established in the South Florida Water Management District (SFWMD) permit. Wetlands: Three South Florida Water Management District (SFWMD)/ColIier County jurisdictional wetlands totaling approximately 20.0 acres have been identified on the property. These include areas of pine-cypress, hydric flatwoods, cypress, wax myrtle/willow and forested wetland creation. Wetlands in the west (wetland #1) and central portion (wetland #2) of the site have been impacted with Melaleuca. OCT 0 9 2001 EAC Meeting Page 5 of 9 Wetland #1 Wetland #2 In April 1998, impacts to wetland #1 and wetland #2 were reviewed in a pre- application meeting between the applicant and SFWMD staff at the Fort Myers office. At that time the SFWMD felt it would be appropriate to mitigate off-site for all of Wetland #1 & #2 due to the area's degraded conditions, lack of hydrology, and surrounding and proposed land uses. A later site inspection and discussions with SFWMD staff in August 1998 confirmed the need to mitigate off-site for these wetland areas in their entirety. A functional assessment of the conditions within the wetland areas has been documented using the Modified Wetland Rapid Assessment Procedure. The scores obtained from this procedure are included as Exhibit F in the Environmental Impact Statement (ElS ~c, ca~ OCT 0 9 2001 EAC Meeting Page 6 of 9 Project related impacts will be compensated for by enhancing and preserving 4.9 acres of wetlands on-site and by purchasing 7.2 wetland mitigation credits at Panther Island Mitigation Bank. Wetlands to be enhanced on site include 2.2 acres of wetland /V2 and 2.7 acres of wetland #3. Enhancement activities within wetlands on site and in adjoining buffer areas will be according to the restoration plan provided in Exhibit H of the EIS. Wetland #3 Preservation Requirements: The proposed amendment will change the location of the 11.3 acres of conservation area identified in the original PUD. The amendment calls for 12.1 acres of native vegetation to be preserved and replanted on site. Of the 12.1 acres, approximately 9.3 acres are identified in conservation area, 0.3 acres in littoral plantings adjacent to conservation areas and approximately 2.5 acres of native vegetation to be planted in landscape buffers for the project. Listed Species: A listed plant and wildlife species survey was conducted on August 13, 1998. Incidental observations for listed species were also noted during wetland determinations, wetland functional analysis and assessment of eagle perching habitat between May 12, 1998 and June 6, 2000. There were no listed animal species observed during these times. Butterfly orchid (Encyclia tampensis) was the only listed plant species observed during the survey and these were observed in the wetland at the east end of the project (wetland #3). Butterfly orchid is listed as commercially exploited by the Florida Department of Agriculture (F~No_ ...... permits are required for the removal of this species if cleared from prival land~.~eJ~ OCT 0 9 2001 EAC Meeting Page 7 of 9 the landowner or agent. The butterfly orchids identified on the property are located in a platted conservation area. Portions of the project site have been identified by the Horida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS) as potential red-cockaded woodpecker (Picoides borealis) foraging habitat. After a period of negotiations, the applicant resolved the FFWCC and USFWS concerns by agreeing to purchase off-site habitat as compensatory mitigation. In April 1999, White Lake Corporate Park paid $57,572.70 to the Office of Environmental Services of the USFWS for the acquisition and management of 13.4 acres of red-cockaded woodpecker habitat in the Belle Meade area of Collier County. A letter of verification of payment from the FFWCC is attached as Exhibit J in the EIS. A protected species assessment was previously conducted on the project site in March 1992 by Wilson, Miller, Barton and Peek, Inc.. The only listed species recorded during this assessment were observations of immature bald eagles (I-Ialiaeetus leucocephalus) perched in pine trees along the edge of the lake. In June 2000, locations of potential bald eagle perch trees were identified in the wetland on the south side of the lake (wetland #2). Trees with the greatest likelihood of currently serving as perch trees, are located along the north edge of this wetland and will be preserved at post development in a conservation area. Removal of Melaleuca within this conservation area will increase the potential perching space by exposing additional slash pine trees along the lakefront. VII. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. No. PUD-92-08(I) "White Lake Corporate Park PUD" with the following stipulations: Water Mana~,ement: 1. · The petitioner must modify his existing South Horida Water Management District permit to reflect any changes.. Environmental: No additional stipulations. OCT 0 9 2001 EAC Meeting Page 8 of 9 PREPARED BY: SWAN C~OW~$KI, P.E. SENIOR ENGINEER DATE sT~pHElq I.ENBERGER ENVIRO~~AL SPECIALIST II REVIEWED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP PRINCIPAL PLANNER DATE THOMAs E. KUCK, 17~. ENGINEERING REVIEW MANAGER RbNALD F. NIN6.~P CURRENT PLANNING. MANAGER DATE DATE OCT 0 9 2001 EAC Me. ting Page 9 of 9 I~BE'RT ~. MLILHERE, AICP PLANNING SERVICES DIRECTOR APPROVED BY: ~p~M' DcoU~~Y DEVEI~OPMENT ADMINISTRATOR SlJgdh/c: StaffReport DATE ENVIRONMENTAL SERVICES OCT 0 9 2001 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BLACK AFFAIRS ADVISORY BOARD OBJECTIVE: To appoint 1 member to serve a 4 year term, expiring on June 25, 2005, on the Black Affairs Advisory Committee. CONSIDERATIONS: The Black Affairs Advisory Board had 1 term expire on June 25, 2001. This 9 member committee identifies and evaluates problems unique to the Black Community, reviews and recommends ways to ensure open communication between the minorities and Collier County Government and provides periodic reports to the Board of County Commissioners. A list of the current membership is included in the backup. The term for Fitzgerald A. Frater expired on June 25, 2001. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY I Carolyn D. Spatta I N/a COMMITTEE RECOMMENDATION: FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE DIST ELECTOR ADV. COMM. t3 lYes I None No Recommendation RECOMMENDATION: That the Board of County Commissioners consider the request for appointment, appoint 1 member to serve a 4 year term expiring on June 25, 2005, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners OCTOBER 9, 2001 Agenda Date: AGENDA I'~M ' Pg.-./ Black Affairs Advisory Board Name Worl~ Phone Home Phone Mr. Rufus H. Watson 403-0355 5501 Rattlesnake Hammock Rd., #208 352-2782 Naples, FL 34113 District: 3 Category: Ms. LaVeme C. Franklin 7705 Kiwi Place Naples, FL 34112 District: 3 Category: 3~-2~8 Appt 'd DateRe-appt 12/02/97 06/26/01 04/11/00 Exp. Date 2ndExpDate 06/25/01 06/25/05 06/25/03 Ms. Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 District: 3 Category: Mr. James A. Drayton 884 Briarwood Boulevard Naples, FL 34104 District: 3 Category: 348-3335 643-3332 263-0622 04/11/00 06/26/01 10/! 2/99 06/25/01 06/25/05 06/25/03 Mr. Robert G. Jenkins 4541 7th Avenue, N.W. Naples, FL 34119 District: 3 Category: Ms. Gerry Moore 3390 Mystic River Drive Naples, FL 34120 District: 5 Category: 455-9432 352-6357 04/10/01 12/14/99 06/25/02 06/25/03 Tel'm 2nd Term 4 Years 4 Years 3 Years 1 Year 4 Years 4 Years I Year 4 Years Wednesday, June 20, 2001 Page I of 2 Name Mr. Albert Wahbey 555 Bowline Drive Naples, FL 34102 District: 4 Category: Mr. Fitzg~Jd A. Frater 6034 Shaxl~s Way Naples/r,FL 3~109 Distrirt: 4 Category: Mr. James R. Roath 253 North Barfield Marco Island, FL 34145 District: 1 Category: Black Affairs Advisory Board Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 594--9192 11/03/98 06/25/02 Tel'm 2nd Term 4 Years 64~4900 09/23/97 06/25/01 4 Years 263-9171 389-2655 11/14/00 06/25/02 1.5 Years 389-1646 This 9 member board was created o~ May 14, 1991, by Ord No. 91-38 & 91-77, to identify and evaluate problems unique to the Black Community, review and recommend ways to ensure open communication between minoWdes and Collier County Government and provide periodic reports to the Board of County Commissioners. Amended on 08113/91 by Ord. 91-77 to increase membership from 7 to 9 member. Terms are 4 years. FL STAT none ~aff.' John Dunnuck-lntedm Administrator, Comm Dev & Env Services: 403-2385 Wednesday, June 20, 2001 Page 2 of 2 Page I of 1 filson_s From: dunnuck..j Sent: Tuesday, September 18, 2001 4:57 To: filson_s Subject: RE: BAAB Recommendation ! think you can move forward with the executive summary. .... Original Message- .... From= filson_s Sent: Tuesday, September 18, 2001 4:56 PM To: dunnuck, j Subject: RE: BAAB Recommendation do you want me to do an executive summary stating that or wait????? .... Original Message ..... From: dunnuck, j Sent: Tuesday, September 18, 2001 4:53 PM To: filson_s Subject: BAAB Recommendation Sue, Good afternoon. The BAAB did not have a quorum and thus could not make a recommendation regarding Ms. Carolyn Spatta. Thanks, JD 9/19/2001 MEMORANDUM DATE: TO: FROM: August 20, 2001 John Dunnuek, Interim Administrator Commnnity Development and En_~~tal~ ~ Services Sue Filsolx, AdminLqrative Assistan~ t/f~' 1 Board of County Commi~ioners Black Affairs Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration- I have attac~ the resumes received for your review as follows: Carolyn D. Sparta 5564 Foxhtmt Way Naple~ FL 34104 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fxame, and I will prepare an executive summary for the Board's consideration- Ple~e e~tegorize the applicants in ar~s of expertise, ffyou have any questions~ please call me at 774-8097. Thank you for your attention to this matter. SF Attachments June 23, 2001 Carolyn D. Sparta 5564 Foxhunt Way, Naples, Florida 34104 Teh 941459-2785 Fax 941-659-2791 JUN 2 § 200! &3ar~ of Count,~, Co~n~f~onerS Mrs. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear ,Mrs. Filson: Thank you thc sending me a copy of your Press Release announcing openings for positions on several advisory, committees. I am interested in serving the people of Collier County, and believe that I could be helpful on the following committee, board, or council: the Community Character/Smart Growth Advisory Committee, the Black Affairs Advisory Board, and the Emergency Medical Services Advisory Council. The Community, Charac:er/Smart Growth Advisory Committee. My undergraduate and graduate work was in geography and I have worked wifla cities on environmental/land use (Oberlin, Ohio), transportation (as Vice President for Administration and Business Affairs of California State Umversity, Haywarff), and sclnool committees (Ann A_4~or, Michigan). I facilitated a meeting of home association leaden, a developer, farmer, and county government officials when I lived in Carmel, California. As a geographer, I studied urban land use and developmentmalthough I am not specifically an urban geographer. I believe my experience as a senior administrator working with government, mv educational training and my primarily volunteer experience as a mediator and facilitator could contribute to the Committee. I have lived in Naples for the past sixteen months and live here year round. ' The Black Affairs Advisotw Board. I strongly believe that it is important for all people and groups to live comfortably together in a community. As a facilitator I have learned that it is valuable to everyone to have open disoassions about disagreexrmnts and to re_alto every effort to fred ways to resolve conflict. When I was Program Director at the Association of American Colleges (Washington, D.C.), I direc*.ed the small grant programs to colleges for developing improved liberal education components for minority access and educational development. I also coordinated a workshop on racial issues. :My training and experience as a mediator might be useful on this Board, too. The Emergency Medical Advisory Committee. I2h,fng my tenure at California Sram University, Ha,vw~ I was responsi;.:: :-or Emergency Preparedness and the Emergency Operations Center on the [--Iay~tard campus. ~ w:~,_: also a member of dae System, statewide, Emergency Preparedness Committee. Although w: '5d not provide major medical care directly to our students and faculty, we did have a medical t-ac~,!: ~',' on campus that was primed to handle initial disaster response. I am aware of the need for m~:c,cal assistance m major disasters and for indiv/dual enTo~./~l_t~j~lD~l Mrs. Sue Filson Administrative Assistant Board of County Commissioners June °,23, 2001 Page 2 Emergency Medical service is important for people of all ages within a community. I live in Dismct 3. Enclosed are: a listing of my experience and education, a short biographical statement, and a copy of a letter from Dave Potter, Supervisor Dis~ct Five, Monterey County. If you would like a more detailed resume, I xrill be happy to supply it. Thank you for considering my qualifications for these openings. Sincerely, Oarolyn D. Sparta Endosures: 3 AOF..N M EXPERIENCE 2000-PrescuI 1995-Present 1994 1992-1994 1984-1992 1982-1984 1980-1981 1979-1980 1978-1979 '1974-1978 1968-1974 1968-1970 1963-1965 RDUCATION Ph.D. CAROLYN DAVIS SPATTA 5564 Foxhunt Way Naples, Florida 34104 Tel 941-659-2786 Fax 941-659-2791 email:cdspattar~aol.com Owner, All About Organizing, provides organizi~ services and advice to help individuals and small businesses organize their files, space, and time and consultation on $~'ting p~rsonnl and business priorities. Consultant and Facilitator on o ~r~niw~rional and administrative effectiveness and on conflict resolution to non-profit organizahons, and community groups. Fulbright Scholar, Adminintrative Consultant to Universiti Teknologi Malaysia concerning University Admini~i~ation and Strategic Planning (8/94-12/94). Professor, Geography and Environmental Studies, California State University Vice President, Administration and Business Affairs, and Professor, Geography and Environmental Studies, California Stale Umversity, Hayward, California ~ Director of Institutional Grants and Programs and of the Consultation and Advisory Service, Association of American Colleges (now Association of American Colleges and Universities), Wlgshin~t~ton, D.C. Vice President, Admlni~tration, Eastern Michigan University, Ypsilanti, Michigan. Independent Consultam, W~k.qhin~fon, D.C. President, Damavand College, Tehxan, Iran. Corporate Secretary and Assistant to the President, Oberlin College, Oberlin, Ohio. Geography Instructor, Schoolcraft College, Livonia, Michigan. Frsiting Lecturer, Eastern Michigan University, Ypsilanri, Miehi~oan. (s~,mmers) Research Assistant, University of Califoma, Berkeley, California. The University of Michigan, 1974 The University of Michigan, 1968 University of California, Berkeley, 1964 pg. ~> Carolyn D. Sparta, Ph.D. 5564 Foxhunt Way, Naples, Florida 34104 Tel 941-659-2786 Fax 941-659-2791 Carolyn Sparta has mediated disputes in o ~r~ni~tions b~ oeighbors, and within famines. She facilitates discussions for churches, other non-profit organizations and for groups seeidng common ground prepaxing for the future, and problems-solving. Mrs. Sparta assesses situations fairly, develops effective processes and alternative solutions and brings people together. She bas given presentations and training on mediation and alternative dispute resolution, efi~ve management and on ways m get o ~r~ni:,ed. She opem~ a small business, Ail About Organizing, that helps individuals and small businesses orgamzc personal/financial filing, space, and set priorities for rw_ehing their pere~onal and busilmss goals. She brings her expertise and experience in higher education to mediation and conmalfinE. During her career, she was a president, dee-president, faculty member, consultant, and staff member with a national association. In the fall of 1994, Mm. Spo._a ~ a Fulbright Scholar who served as a consultant to the admini.gtrafion ora university in Malaysia on o ~rganizing admini.qtmtors and teaching strategic planning. Mrs. Sparta has been active in the communities and churches where she has lived. In aadition to her academic education in several aspects of geography, Mrs. Sparta has had mediation training from Conflict Resolution, Research and Resource Institute, Alternate Dispute Resolution Applications, Inc., Northern California Mediation Center, and Peninsula Conflict Resolution Center. She has had negotiation training al: the summer program for lawyers at Harvard Law School. At the invitation of the National Association of CoUege and University Business Officers, she attended the NACUBO Executive Leademhip Imfimte in 1991. Her Ph.D. and M.A. are from the University of Michigan and her A.B. is from the Umversity of California, Berkeley.. · .- bioahort 12/I/98 rev 6/15/01 MONTEREY COUNTY THE BOARD OF SUPERVISORS MONTEREY COURTHOUSE - 12130 AGUAJITO ROAD, SUITE 001. MONTEREY, CALIFORNIA 93940 DAVE POTTER SUPERVISOR - DISTRICT FIVE (40~) 647-775~ - FROM MONTEREY (40~} 755-5055 - FROM ,.~AUNA~ (40a) ~? 37"70. FROM 81G aUR (40~) 647-?~5 (FAX) e-mail: moco~15 · Ix. netcom.com JODY PARSONS AIDE TO THE SUPERVISOR April 22, 1998 Ms. Carolyn Spatta Kaflow, Ph.D. 27161 Prado del Sol Carmel, CA 93923 Dear Carotyn, Thank you for your letter of March 14~' Please accept my apologies for the delay in responding. Unfortunately, due to the ongoing ravages of E! Nino, my correspondence has become a liffie delayed. I appreciate your hosting our meeting with your neighbors in February. I thought v~ had a productive time, and I hope that procedures and lines of communication are in place for any future problems that may occur. Thanks, too, for taking minutes and sending them to me. Again, I thank you for your concern and interest and for facilitating the me, ting. Please feel free to contact my office if I can be of any service to you. DLP/jep Sincerely, Dave Potter Supervisor, Fifth District MEMORANDUM ,qECEiVED DATE: August 6, 2001 8oard of ~ * TO: FROM: Vinell ~ Elections Offic~ Sue Fiison, A~ainistrafive ~ Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individnal-q for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in CoRier County. Also, please list the commission district in which each applicant r~sides. COMMISSION DISTRICT Carolyn D. Sparta 5564 Foxhunt Way Naples, FL 34104 Thank you for your help. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE LELY GOLF ESTATES BEAUTIFICATION ADVISORY COMMITTEE OBJECTIVE: To appoint 3 members to serve 4-year terms, expiring on October 1, 2005 on the Lely GoffEstates Beautification Advisory Committee. CONSIDERATIONS: The Lely Goff Estat~ Beautification Advisory Committee had 3 terms expire on Octobe~ 1, 2001. This 5 member commltt~ a~ists ~ advi~s the Board of County Commissioners in handling matters p~ttaining to the beauti~cation tax~ district. The district was created by referendum vote on November 4, 1986, for the purpose ofbeaut~g and maintaining the median strips of the streets and other public area within Lely Golf Estates. Applicants must reside within the boundaries of the municipal service taxing unit. Terms are 4 years. A list of the current membership is included in the backup. The tenm for W'Rliam C. Erickson, Robert C. Cole and George C. Pearson expired on October 1, 2001. A press release was issued and resumes were received from thc following 3 imerested citizens: APPLICANT CATEGORY DIST ELECTOR ADV,. COMM. William C. Eriekson [ Re-appointment 1 Yea Lely Golf Estates Beaut Adv Comm Robert C. ColeI Re-appointment 1 Yea Lely GolfEstatea Beaut Adv Corem George C. Pearson I Re-appointment 1 Yea Lely GolfEstatea Beaut Adv Comm COMMITTEE RECOMMENDATION: No Recommendation NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members shall be llmked to two consecutive terms of service on any one Board..." Under (3) &the same section, it is noted that "By a unanimous vote of the Commi~ion, the limitations set forth in subsection (b) (1) above may be waived". According to available records, Robert C. Cole and George C. Pearson have served 2 or more tex,~. Should the Board wish to re-appoint Mr. Cole and Mr. Pearson, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: Tha~ the Board of County Commiasioners consider the requests for re-appointment, appoint 3 members to serve 4 year terms and, direct the County Attorney to prepare a reso~n confirming the appo~. Prepared By: Sue Filso;~ Administrative Assistant Board of County Commi~4oners Agenda Date: OCTOBER 9, 2001 AGENDA ITEM Pg. ! Memorandum Page 1 of 2 -- filson_s From: levy_m Sent: Thursday, September 20, 2001 3:59 To: filson_s Subject: Memo - Lely Golf Estates Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant, Board of County Commissioners Michael S. Levy, Senior Secretary, Landscape Operations 09112/01 Lely Golf Estates MSTU Advisory Committee Vacancy The Lely Golf Estates MSTU Beautification Advisory Committee will not be meeting in September. Please accept the applications of Bill Erickson, Bob Cole, and George Pearson to remain on the committee. /mi 9/20/2001 ITEM Pg. ~ Lely Golf Estates Beautification Advisory Committee Work Phone Appt'd Ex~ Date T~rm Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. W'dliam C. Erickson 01112/99 lfl/Ol/01 2 Years 136 Pebble Beach Circle ~.%~..,7,.~ ~ District: 1 Category: Mr. Robert C. Cole 12/17191 10101193 2 Years 301 Forest Hills Boulevard 10/28/97 10/01/01 4 Years Naoles. FL 34113 District: 1 Category: Mr. George C. Pearson 10101187 10/01/89 2 Years 158 Pinehurst Circle 775-3355 10/28/97 10/01/01 4 Years Navies. FL 34113 District: 1 Category: Mr. Robert J. Wevers 02111/02 10101104 2 Years 109 Bi~ Sorin~s Drive 793-1141 1/12/99 10/01/02 4 Years Na~les. FL 34113 District: 1 Category: Mr. Robert M. Selbodnik 02/27101 10101102 1.5 Years 32 Pebble B~h Boulevard 775-3491 Naoles. FL 34113 District: 1 Category: Wednesday, February 28, 2001 Page I of 2 AGENDAITEM pg. 3 Lely Golf Estates Beautification Advisory Committee .Nme Work Phone Appt'd Exp. Date Term Home Phone DateRe. appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 87-69 to prepare and recommend an itemized budget for the Lely Golf Estates Beautification Municipal Service Taxing Unit and aids and assists the Board of County Commissioners in carrying out the serv'.ces of the taxing unit. Members must reside within the boundaries of the municipal service taxing unit. Terms are 4 FL STAT 125.01 Staff.- Mike Levy, Senior Secretary, Transportation: 774-8494 P/'ednezday, February 28, 2001 Page 2 of 2 rrE~a 2001 MEMORANDUM DATE: TO: FROM: August 23, 2001 Vinell Hill~ Elections Office Sue Filson, Administrative Assista~,/J. Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointraent 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. LELY GOLF ESTATES BEAUT ADV COMM COMMISSION DISTRICT Robert C. Cole 301 Forest Hills Boulevard Naples, FL 34113 Thank you for your help. OCT ~ S 2001 ~B/17/2001 10:03 1041775824200 GEORGE C PEARSON PAGE 01 N .lAX TRAN~MI&~ION IF YOU ~ DFFlCUI.TY WITH TI,Ii AGENDA ITEM NO. ~__.?_.~.~ C3T G 9 2001 89/17/2881 19:83 1941775824208 GEORGE C PEARSON PAGE 02 GROUP V Estate Planning 158 Pinehurst Circle Naples, Florida 34113 TeL 941-77,5-3355 Fax 941-775-8242 pearsongrp O naples, net Sue Filson Administrative Assistant Board of County Com's Dear Sue , Mike Levy requested I inform you that I will accept another term as Chairman of the LGEBAC, Update on resume--Had a birthday yesterday 75 & Counting.. Hope this is satisfactory, if not please call me,.. Sincerel , G e eorg 09 18.2001 PS Thanks for all your ellorts AGENDA ITEM NO. MEMORANDUM DATE: TO: FROM: Septem~ 19, 2001 Boanl of County Commissiome~,~ ° ' Lely GolfEstat~ Beaufif~;:~ion Advisory Committee W'dliam C. Eri~kson 1250 Tmx~ni Trail North, $$302 Naples, FL 43102 Thank you for your ~_~_' n to this matter. SF II'AX Sue F~ldson Collie~ Coumy Commissi~ propagmJda available oJu rexjtMsh major troubles, n, tr~y ts t.seputy for Cotlier and keeps me out of A~A ITEM MEMORANDUM DATE: TO: FROM: August 23, 2001 Mike Levy, Senior Secretary, T ~mmp~f~n Dep~nt Sue Filson, Admini~qtmtive Assist~/~ Board of County Commissioners x~ . Lely Golf Estates Beautification Advisory Committce As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert C. Cole 301 Forest Hills Boulevard Naples, FL 34113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-firame, and I will prepare an executive smnm~ 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.q matter. SF Attachments AOfdqDA rrEM pg. Board of Collier County Commissioners Collier County Courthouse Complex Naples, Florida 34112 August 6, 2001 Dear Commissioners: I wish to submit my name to continue to serve the Committee for the Lely Golf Estates Beautification MSTU. I feel that I can continue to make a contribution to this Advisory Committee in fulfilling its responsibilities. The following is my previous experience: 1. I worked 41 years for Illinois Bell Telephone Company in the field of engineering and costs of service development. I retired in 1982 as a District Manager. 2. I moved to Naples, Florida in October 1982 and have been a property owner in Lely Golf Estates since 1983. 3. I have served on the Lely Civic Association's Board of Directors from 1984 to 1997. I was president of that board for three years. I live at 301 Forest Hills Boulevard in Lely Golf Estates. I would appreciate the oppommity to serve another term on this Advisory Committee. Robert C. Cole 301 Forest Hills Blvd. Naples, FL 34113 AGENDA ITE~ NO. Pg. // EXECUTIVE SUMMARY FINALIZE THE ANNUAL PERFORMANCE APPRAISAL PROCESS FOR THE COUNTY MANAGER AND COUNTY ATTORNEY OBJECTIVE: To review the performance of the County Manager and County Attorney to ensure performance. CONSIDERATIONS: Two employees report directly to the Board of County Commissioners - the County Manager and the County Attorney. In order to ensure that the work performance of each is coordinated with the direction of the full Board, to provide any improvement suggestions and to adjust any aspects of employment agreements with either employee, an annual appraisal is conducted. Annual work plans cr "Action Plans" were developed for each employee with the Board. Each employee then provided self appraisals as a starting point for this year's appraisal. Each met individually with Board members to discuss the past year's performance to determine what Board members felt could be done better and what was done well. A compilation of each Commissioner's written evaluations is included along with each individual assessment. Lastly, while awkward, salary adjustments must be determined for each employee. Each employee's employment agreement provides that that on the date general wage adjustments are granted generally to Collier County employees, Employee's base salary shall be modified to reflect the general wage adjustment granted to other County employees. Additionally, salary adjustments to employee pay ranges are being finalized in this year and for the first time in seven years. Merit pay is also available if the Board feels that either has "exceeded" or "far exceeded" the Board's expectations. Merit pay can be awarded at 1.5%, 2% or 2.5% increments based on the plan in place for all County employees. FISCAL IMPACT: The County Manager's current salary is $126,403 and the County Attorney's salary is $118,951. Both salaries are supported by the County General Fund. Depending on the final salary adjustments determined by the Board, the cost to ti,e general fund may range from $9,323 to $15,457. Funds are available to su;;ort this range of adjustment. It should also be noted that while the average of all County employees salary adjustments is 3.8% that the Arthur Anderson study specifically found that the County Attorney salaries were 31% below the market. One half of this percentage adjustment was made last year (including to t,qe County Attorney) and the balance is scheduled to be provided to the other staff attorneys in FY 02. Without a concurrent 15 ¼ % increase for the C~unty Attorney position, the salary differential between the Chief Assistant ant; the County Attorney would be nominal, and not characteristic of this County o; ~. _.~. _ Pi[. GROW'tH MANAGEMENT IMPACT: There is no growth management impact associated with this action. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, conclude the annual appraisal process for the County Manager and County Attorney and determine sala~c~C~'~ts and a_ny contract revisions that may be needed~~ /' J.,~m'es D. ~, Ph.D., Chairman ~- '--"Board of County Commissioners AGENDA ITEM NO._ OCT 9 2001 P~. Item Carter Mac'Kie Hennin,q Fiala Coletta Avera_qe Legal Advice L.1 3 4 I 4 5 3.4 L.2 4 4+ 3 3 5 3.8 + L.3 4 4 3 3 4 3.6 L.4 4 5 3 3 5 4 Leadership / Organizational Direction L.1 3 5 3 3 5 3.8 L.2 3 5 3 4 5 4 L.3 4 5 2 3 5 3.8 Communication, Public Response & Outreach C.1 3 4 2 3 5 3.4 C.2 4 5 4 3 5 4.2 C.3 3 5 3 4 5 4 C.4 4 5 3 3 5 4 C.5 I 3 3 j 3 4 4 3.4 Fiscal Management F.1 4 4 3 3 5 3.8 F.2 3 4 3 3 5 3.6 --~.3 3 5 3 3 5 3.8 Personnel Management P.1 3 4 3 3 5 3.6 P.2 4 5 3 4 5 4.2 P.3 4 5 5 4 5 4.6 P.4 3 4 3 3 5 3.6 Grand Average 3.47 4.47 2.95 3.32 4.89 3.82 + AGENDA I'[Elvt ~._q (C) OCT 9 2001 The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan has been developed in an effort to provide clear expectations for the County Attorney for the period from October 2000 through September 2001. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 5 scale. Individual evaluations will be totaled and averaged to determine the Board's collective position. Far LEGAL ADVICE Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards I 2 3 4 5 L.1 The County Attorney will provide proactive advice, and assure timely responses to both written and oral questions from the Board of County Commissioners, County Manager, his agencies and employees. Response to L.1 I have Initiated contacts with individual Commissioners- meetings, phone, e-mail; provided discrete, comprehensive, situation- oriented memos; and provided advice and information with regard to Commissioner- Residents meetings, Commissioner-Developer Agents meetings. L.2 The County Attorney will assure that the County is provided the best possible representation in all litigation matters. Response to L.2 The County Attorney Office handling many kinds of lawsuits - eminent domain, personal injury, employee claims/suits, contract disputes, lien enforcement. We have taken a preventative, educative approach to County Manager staff to reduce recurrences, avoid disputes and assure better decision making and record creation at administrative levels. Careful, well-chosen use of outside counsel: Nancy Linnan (Carlton Fields) and land use experts for DCA Order; Don Hemke (Carlton Fields), BCC representation and Beachcomber; David Dee- Solid Waste specialist ($40-45 million savings); David Cardwell- Community Redevelopment Authority specialist County Attorney worked with Clerk to implement disclosure counsel (Miller, Bryant & Olive) in the County financing process; and mediator: John Si, mund Freud AGEND~ OCT 9 2001 pg. ~' Rocks-on-the-Beach case. We have been highly effective working with Risk Management, Human Resources. Note: Employment actions reduced/education training, implementation. L.3 The County Attorney will assure that accurate, prompt legislative updates and suggestions are provided to the Board members, County Manager and county staff. Response to L.3 Legislative issue/updates have been provided to BCC by County Attorney on a timely basis. The County Attorney works with County Manager/staff regarding legislative agenda recommendations for BCC to consider for Legislative Delegation. I have appeared before Legislative Delegation annually and work with Representative Goodlette, particularly, through the year on County-related issues. I traveled with Dr. Carter to FACA Legislative Conference, Tallahassee, in March, 2001. The County Attorney Office has been a prime player in creation of recent tourist impact fee tax legislation; required high~ quality work in short period of ti~.: L.4 The County Attorney shall advise the Board or its m,~-':~.bers to make Attorney Genera, Opinion requests, or Co-~ission on Ethics opinion reques::, and inform the Board of pertinent OCT 9 2001 opinions and case law. The County Attorney shall be evaluated for opinions provided relating to Chapter 112, Part III, Florida Statutes and the Collier County Ethics Ordinance. ReSponse to L.4 The County Attorney has been proactive with Commissioners regarding Ethics, Sunshine Law, Ex Parte Communications issues. The Board is informed of pertinent opinions and case law (e.g. Mike Pettit, Marjorie Student, Jacqueline Robinson, Ramiro Ma~alich). The County Attorney Office assists Commissioners with Commission on Ethics opinion requests, Attorney General informal opinions. The County Attorney has close working relationship with Sunshine Law/Public Records Law, Deputy Attorney General and the Counsel to the Commission on Ethics. LEADERSHIP / ORGANIZATIONAL DIRECTION L.1 The County Attorney will assure that there are clear goals that are communicated throughout the County Attorney Office. Response to L.1 Far Below Standards Below Standards Meets Standards I have placed a great emphasis on coordinating internal roles, responsibilities of Assistant County Attorneys with assignments and liaisons with I 2 3 Exceeds Standards Far Exceeds Standards 4 5 OCT 9 2001 "7 Board, County Manager, constitutional officers and judiciary. L.2 The County Attorney will assure that proactive legal advice is provided to the Board of County Commissioners, County Manager and county staff. Response to L.2 Preventative orientation and education of County staff has been coordinated through the County Manager, Division Administrators and Departments and provided by County Attorney in: impact fees, PUD amendment process, contract administration and the evolving public sector employment law by County Attorney seminars, meetings and legal memos. This office presented the County Attorney's Workshop to the BCC January 16, 2001 re: Sunshine Law; Public Records; Ethics; Ex Parte Communications; Tourist Development Tax; Emergency Management; Board Meetings/Reconsideration. Additionally, the County Attorney Workshop has been presented to 12-16 advisory committees to date; more scheduled [NDN article]; also presented materials to School Board at Mrs. Abbott's request and seminar appearance at Naples Airport Authority. L.3 The County Attorney will provide creative, alternative solutions to legal issues encountered by the Board of NO. H _ OCT 9 2001 Pg. County Commissioners, County Manager and county staff. Response to L.3 Legal advice provided at County Manager's Division Administrator Staff meetings - County Attorney and Chief Assistant are present. Problem solving, result-oriented approach is the County Attorney orientation and operation. Examples: Discuss litigation with Board; use of closed session for strategy and settlement discussions. Land use Golf course Impact Fees Audit/Investigatidn coordinated with Clerk. COMMUNICATION, PUBLIC RESPONSE & OUTREACH C.1 (Internal) The County Attorney will be expected to improve communications to the Board and the County Manager agency and show specific actions taken to achieve this standard. Response to C.1 (Internal) Below Standards Exceeds Standards Far Below Standards 2 Meets Standards 4 Far Exceeds Standards Regularly scheduled meetings with Chairman; one-on-One meeting schedule with County Manager; Advise and participate at all County Manager Division Administrator staff meetings; scheduled meetings with Division Administrators; increased e-mail and memo communications with Board members, County Manager, John Dunnuck, Susan Murray, etc. OCT 9 2001 C.2 (Internal) The County Attorney will be expected to educate and update county staff to reduce creation of legal issues and lawsuits in the workplace and from work as performed. Response to C.2 (Internal) Workshop being presented to al._JI advisory committees, advisory committee liaisons [12-16 to date]. I have worked diligently with County Manager's Office, Board Office, Public Information Office and client departments regarding Sunshine Law, Ethics Law and Public Records Law requirements and requests by public. From the seminars I have attended, I have conveyed the information to the Board relating to reducing liability, contract and lawsuit administration, employee workplace issues [results-see sheet]. Implementing Alternate Dispute Resolution [ADR program] C.3 (Internal) The County Attorney will be expected to regularly communicate with the County Manager, his Division Administrators and Department Directors, and the Constitutional Officers to better ensure that operations between these agencies and the Board of County Commissioners are coordinated. Response to C.3 (Internal) County Attorney communication with the County Manager, Division Administrators, Directors, Department and the I AOENDA NO. ? OCT 9 2001 Pg. lO constitutional officers is at a very high level. C.4 (External) The County Attorney will be expected to information to the public through public speaking engagements, seminars, print and electronic media. Response to C.4 (External) Significant public speaking engagement and seminar program implemented (e.g.: County Attorney Newsletter to be released in October; County Attorney Website to engage in October; Florida Association of County Attorneys State Seminar ~tion at Jacksonville, FL, June, 2001 [CLE]; Ramiro Ma~alich served 2000/01 as Collier County Bar President; David Weigel is Secretary to Florida Association of County Attorneys (FACA) [see letter]; Women's Bar Luncheon (September) - Continuing Legal Education Credits. C.5 (External) The County Attorney will be expected to administer the office to assure that the general public is responded to in a timely and accurate manner. Response to C.5 (External) Emphasis has been placed on response to public. Often citizens meet with County Attorney per Commissioner initiative. Good record on follow- through. AGEN A M OCT 9 2001 I Far FISCAL MANAGEMENT Far Below Below I Meets I Exceeds Exceeds Standards Standards I Standards I Standards Standards F.1 The County Attorney will 1 2 , 3 4 .~ 5 develop an annual budget for the Office of the County Attorney that will be presented to the Board of County Commissioners for review and approval through the budget process developed by the County Manager. Response to F.1 '~-~ Proud that my FY 2001/02 proposed budget was below 5% increase before factoring health costs and 2® phase wage externally),adjustments(mandated F.2 The Coun~ Attorney will assure that the budget for the Office of the Coun~ Attorney is effectively administered and the Board is timely informed on any extraordina~ matters arising throughout the year. Response to F.2 No fat in budget. Has conse~ative approach to outside - - counsel costs/control. F.3 The County Attorney assure that bond issues and other financing matters of a legal nature are coordinated through the Coun~ Manager, Clerk. Financial Advisor, Bond Counsel, and Disclosure Counse',. _ Financing Issues are h~, ,.~ ~3 in a coordinated, timely way w~th all AG~A NO. OCT 9 2001 participants (Clerk, Financial Advisor, Bond Counsel, Disclosure Counsel). County Attorney and Clerk worked together to implement Disclosure Counsel enhancing County's fiscal review and reducing potential liabilities. County Attorney budget FY 2001/02 provides for Florida Bar Legal Office audit for procedures and expenditures. Far PERSONNEL MANAGEMENT Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 P.1 The County Attorney will assure that employees are provided performance expectations and performance evaluations that are designed to enhance performance. Response to P.1 Annual performance evaluations now being modified to more mirror the County Attorney Action Plan. There will be a three time/ year employee review for internal management and better understanding of expectations. P.2 The County Attorney will assure that qualified applicants are recruited and selected to provide the Board with superior i legal advice and representation. Response to P.2 Good record on applicant 10 OCT 9 2001 pg. recruitment and selection. Two (2) attorneys in the office are Board Certified Florida Local Government Law Attorneys. P.3 The Coun~ A~orney will assure that training is provided to all staff to assure that the Board is being provided with the best legal advice and representation possible. Response to P.3 Legal assistants and attorneys padicipate in professional and Florida Bar sominars rospoctivo aroas lhroe (3) Io~al assistants aro FIodOa and/or ~ational ko,al Assistants; ~o (2) Io~al assistants have law degrees. P.4 T~ Cou~ A~torn~ wiiI ~rovi~ ~o th~ Boar~ ~n ~nnual ~a~ ~lan for {h~ Offi~ of th~ ~or ~n or~niz~ m~an~ for ~la~ a~mini~tr~tion. Response to P.4 · he .or e, O.ice. , plan is based on a plan for adjustments based on increased responsibilities and higher pedormance relatively similar to the County Manager. AGEND,~ NO. OCT 9 2001 IH COUNTY ATTORNEY Goals for Fiscal Year 2002: For this next year, it is important to build on the positive performance aspects of the County Attorney Office as reviewed through the Action Plan and obtain better, mutually desired results and achievements in areas deserving attention or a different focus. Our desire for increased client satisfaction will come forth through further implementation of internal office management practices, distinguishing to a greater degree the County Attorney managerial role and liaison to the Board. Some areas of improvement or additional attention follow: Achieve better, more frequent communications with Commissioners, potentially through regularly scheduled meetings or other methods designed for individual Commissioner practices, needs. ["Think-tank" discussions and RLS follow-up.] Improve our systems for tracking short-term projects, responses to the public and requests for information. We have systems in place; using them appropriately shall receive major emphasis to achieve responsive turnaround of requests. Achieve further management definition within the County Attorney Office: Plan is on track for FY 2001/2002. Florida Bar Law Office Audit part of this task. New attorney staff assignments and increased individual and team responsibilities are being implemented. Evaluation format revised significantly. Further develop use of Florida Association of County Attorneys as an extra resource for efficiencies of research, ideas to bring to the County, and a source of solutions to similar county problems. Additional programmatic education of County Staff by County Attorney Office to prevent or avoid personal injury, workplace or contract administration issues, thereby further reducing risks and potential liability of the County. Note: Alternate Dispute Resolution is being implemented and taught to staff by County Attorney Office. Assist Assistant County Attorneys to achieve more expertise in areas of practice, including additional Florida Bar Board Certifications (We have 2 attorneys presently Board Certified in City, County & Local Government Law - Jacqueline Hubbard Robinson and Heidi Ashton). Increase public outreach through increased speaking engagements informing the public and groups of the County Attorney role to the Board and citizens of Collier County; Theme: "The Legal Side of County Government". (This theme includes informing the public of the Board's legal parameters affecting or directing its duties.) AGENDA I"I~M NO. q OCT 9 2001 pg. Sunday, May 27, 2001 Some PubliC · servan[s do' care ab0ut the pUblic's fightt0kn0w I must admit I was cynicaI. I wasn't expecting much from agenda item No. 2 at this month'sCotlier County Airport 'Authority meeting, ' Three lawyers on the county ~governmentpayroll h~ad just - arrived with a stack of books, a laptop computer and a Power- point presentation..They were there to review the state Sun- shine Law, the Florida public records law andthe various ,laws concerning ethics as they pertain to public officials. It was Part:of a continuing mission by Collier County government to school its various public boards _ on opengovernment and the ': public's right to know. :i :I gueSsI Was expecting a dog- and;pony show that, at' best, -would give lip service to the importance of open meetings, open records and,ethicsingov- ernmenC At worst, I was pre-.. --pared'to hear w~ thatPublic officials could'follOw the letter - Ofth~ la~wh~S~dr~ng Oae 7 ~ ~ :i intent if. that ~was~deSire. : :'' I'll blafiie my cynici~on Years ofl~'ustration trying to get ' ~pUbliC ogencies to follow what ~-i, ~esSentiallyar~ gimple, straight- forward laws. The frus/ration ~ ~has Put me on first.name basis iwifli a;half-dozen First Amend_ -; ment attorneys. ' '- ' - : Afew short minutes into the presentation by county attor- .heys David.weigel, Ramiero Manalich and Michaelpettit, I had a sudden urge to Pinch myself. This was too good to be Jennifer J. Edwards .~ff. U/~r of E/ection$ Date: 941-774-8450 OCT 9 2001 naplesnews.com I Printed story Page 1 of 3 To print this page, select File then Print from your browser. URL: http:llwww.naplesnews.comlO11051perspectiveld626063a.htm Perspective I aih. l Perspective front I Perspective archive I help Phil Lewis: Some public servants do care about the public's right to know Sunday, May 27, 2001 By PHIL LEWIS, pplewis~naplesnews.com I must admit I was cynical. I wasn't expecting much from agenda item No. 2 at this month's Collier County Airport Authority meeting. Three lawyers on the county g'ovemment payroll had just arrived with a stack of books, a laptop computer and a Powerpoint presentation. They were there to review the state Sunshine Law, the Florida public records law and the various laws concerning ethics as they pertain to public officials. It was part of a continuing mission by Collier County government to school its various public boards on open government and the public's right to know. I guess I was expecting a dog-and-pony show that, at best, would give lip service to the importance of open meetings, open records and ethics in government. At worst, I was prepared to hear ways that public officials could follow the letter of the law while skirting the intent if that was their desire. I'll blame my cynicism on years of frustration trying to get public agencies to follow what essentially are simple, straightforward laws. The frustration has put me on first-name basis with a half-dozen First Amendment attorneys. A.few short minutes into the presentation by county attorneys David Weigel, Ramiero Manalich and Michael Pettit, I had a sudden urge to pinch myself. Phil Lewis is the editor of the Naples Daily News, This was too good to be true. These guys were echoing the comments of the attorneys who show up at press association conventions to beat the drum for the public's fight to know. These guys read the law the way I read the law. At the end of their 90-minute presentation, it struck me that of all the public agencies the http://cfapps.naplesnews.com/sendlink/printthis.cfm 10/3/2001 AGENI:~A I/~1~ NO. "i ([" }--~ OCT 9 2001 naplesnews.com I Printed story.: Page 2 of 3 newspaper has dealt with the past four or five years, Collier County government has been the most open. Delays in providing public documents have been rare. So have run- arounds by attorneys and public information officers. There have been no unwarranted, hefty bills assessed for finding public documents. I found myself wishing that the Board of County Commissioners could loan out their legal team to a number of other public boards and agencies. A short list follows: 1. The Collier County School Board. Four of the elected members have met more than once at local restaurants following board meetings. They insist the meetings are innocent. The message from the county leg~.l team would be simple: "Don't eat lunch together." 2. Lee County School Board. Elected members met behind closed doors in April to discuss land donation invoMng a developer in the Bonita Springs area. They incorrectly surmised the private meetin~ was allowed by state law because they might be party to a lawsuit involving the development. The message from the Collier County legal team would be simple: "The threat of litigation is not sufficient" to hold a closed meeting. 3. North Naples Fire District. There have been so many problems here, the legal team could schedule a multi-day retreat. This spring, repeated requests for public records were routinely put on the back burner for weeks at a time. Unwarranted fees were initially charged for providing public documents. Now, the newspaper is being told there's a chance some public documents will never be found because of"Y2K" problems. The message from the Collier County legal team would be: "The restrictions a public entity may place on access to public records for reasons of administrative convenience, cost or other factors are narrow and limited." They don't include, "We'll give them to you when we find them." 4. A second visit to both the Collier and Lee County school boards. Administrators for both boards admit they give elected board members public documents days before they will release the same documents to the public. That's a clear violation of law. The county legal team's guide book states: "Any local enactment of policy which purports to dictate additional conditions or restrictions on access to public records is of dubious validity." Dubious indeed. Agenda item No. 2 at the Collier County Airport Authority meeting this month was a refreshing reminder that some public servants do care about the public's right to know and do take seriously the laws that safeguard open government. ill Phil Lewis is the editor of thc .V~,?les Daily News. He can be reached via e-mail at pplewis~naplesnews, com. [] E-mail this stow to a frien: Format this story for prim,. Search our archive for relate~: stories: advanced search http://cfapps.naplesnews.com s endlink/printthis.c fm 10/3/2001 AC~N,~A,J~ Nc). OCT 9 2001 pg. I~ SEP, 10. 2001 11:lOAM DAVIO G, TUCKER ~MES M. MI~HAE~ ~. A~I~ON PERDUE MARGARET T. ESCAMBIA_COUNTY_ATTORNEY I~O&RD OF COUNTY COMMISSIONERS IrSCAMB]A COUNTT, FLORIDA OP'I~I¢~r OF 'THE. COUNT'Y ATTORNEY 1 ,~ WE..qT GOVE.la'NMENT ROOM pi'N5 AC OI.A, T~,.~FAx(SSO)S95-4979 N0.1998 P. 2 S~tembcr 7, 2001 James D. Carter, Ph.D., Chairman Collier County Board of County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 Dear Dr. Carter: David Weigel, your County Attorney, has informed mc that his annual evaluation will soon be before your Board. As the current President of the Florida Assochation of County Attorneys ("FACA"), I would like to take the opportunity of his evaluation to inform you of some of his activities with FAC,&, and to communicate to you thc esteem and respect in which he is held by his peer county attorneys. Mr. Weigel was elected secretary of FACA in June, after completing a highly successful year as treastuez. As treasurer, Mr. Weigel displayed a high degree of integrity and e~ciency in assuring invoices were correct and were timely paid. In addition, the financial statements prepared by Mr. Weigel as treasurer were by far the best financial statements presented to ou~ association since I became actively involved in 1996. I include in this comparison the financial statements which I myself submitted during my term as treasurer. This summer for the first time, FACA held a special scmluar for new assistant county attorneys to educate them by course materials in the general breadth of local Sovernment. Mr. Weigel l~ovided an excellent binder of material his staffprepared and uses in Collier County. These materials were instmmentai in the success of thc program. As secretary, Mr. Weigel will be responsible for assembling a faculty and working out the logistical arrangements for FACA's continuing legal education seminar next summer. Based on his outstanding record as treasurer, his prospects for a successful seminar are outstanding, and he can expect to be nominated and elected to be the vice-president and then in two years, president of FACA. in Sum; M.r. Weigel is develol~ng a sterling statewide reputation for himself-- and by extension Collier County. I would be more than happy to discuss Mr. Weigel's activities with W.D. CHILDk"R$ Wll.t,~ J', JUNIOR 'rl~A~ G. BAN.1ANIN TERRY ~'mcT IhvK MiXE BASS AGEH A OCT 9 2001 pg. iq SEP. iO, 2001 11'lOAM ESCAMBIA_COUNTY_ATTORNEY N0.1998 P, 3 Page Two September 7, 2001 FACA with you personally. Should you have any questio~ concer~i,~g this matter, please do not hesitate to contact me. ~='6unty Attorney President, Florida Association of County Attorneys, 2001-2002 DGT/ds OCT 9 2001 pg. 9© May 25, 2001 Mr. David Weigel Collier County Government Center 3301 Tamiami Trail East Naples, FL 34112 Dear Mr. Weigel: We appreciate your taking time away from your busy schedule to give the Library Advisory Board the very informative presentation on Sunshine Law and Public Records Law. The bound books are replete with a plethora of information and hopefully we won't have to refer to this document during our tenure. Kudos to the County for having the foresight to include Collier County Resolution No. 95-632. I also was happy to have the chance to meet our County Attorneys, which reinforced the fact that we have the right employees to insure our County officials have accurate information from a legal point of view to help them make better-informed decisions. Sincerely, Doris J. Lewis Library Advisory Board, Chair CC: Mr. Ramiro Manalich Mr. Michael Pettit Ms. Debbie Allen AOEN A OCT 9 2001 www. colliertax, corn Interoffice- MEMORANDUM Collier County Tax Collector (941) 774-8172 FAX (941) 793-4411 To: Ellen T. Chadwell From: Guy L. Carlton, Tax Collector Subject: Date: 1999 Coumy Held Tax Certificates Tax Deed Applications August 29, 2001 Just a n'ote to express my sincere appreciatibn to you for expediting the Applications for Tax Deed on certain county held tax certificates on properties valued in excess of $5000. Efficiency accompanied by courtesy is a rare combination especially when personal assistance is needed. 7 : Cc: Tom Olliff, County manager ....: (Agenda Item'16(L)(3) Assistant County Attorney Ellen Chadwell) Courthouse Complc. r. .;.;l;l East Tamiami Trail. Building C-I. NapIcs. Fhn'ida 341 0CT' 9 2001 DD_ UU~ - ~ ZdUi MEMORANDUM To: From: Through: Date: Commissioner James D. Carter, Ph.D., Chairman, District #2 Commissioner Pamela S. MacKie, Vice-Chairwoman, District #4 Commissioner Jim Colletta, District #5 Commissioner Donna Fiala, District #1 Corm Henning, District #3 Ram'h6 Mafialich, Chief Assistant County Attorney David C. Weigel, County Attorney October 8, 2001 Weed and Seed Program Agenda Item No. 9D Enclosed please find a Memoranda of Agreement and addenda thereto whereby it is proposed that Collier County participate in the multi-agency Immokalee Weed and Seed Program. Also included is a copy of the Proclamation which the Board of County Commissioners previously passed in July, 2001 in favor of this program. These backup materials were not part of the agenda package because they were submitted to my office after the agenda cutoff date. These materials are provided for your information so that you may know the nature of the agreement for the Weed and Seed Program which the Board of County Commissioners is being asked to consider. The full background materials regarding the Weed and Seed Program are in excess of 100 pages and are available for public inspection through the Clerk to the Board office or the Office of the County Manager. Thank you for your attention to this memorandum. RM/g Enclosure cc: Thomas W. Olliff, County Manager Sue Filson, Administrative Assistant, BCC IMMOKAIJEE WEED AND SEED IV. COORDINATION A. MEMORANDA OF AGREEMENT Operation Weed and Seed is a collaborative effort by the agencies of the United States, the State of Florida, the Collier County Board of .County Commissioners and Guadalupe Center to reduce ~;Hme ~-d drug ~ in the targeted neighborhood of lc, unokalee, Florida and to restore the targeted neighborhood by developing broad ¢onmmnity development, economic opportunity, and social opportunities in cooperation with private organizations and community groups. The neighborhood selected to be the Weed and Seed targeted area oflmrr~l~alee, Florida is bordered by Westclox Road -North to Stockade Road -South to 16th Street S.E. - East to Thomas Lane - West. A joining task force sm~d by City, County, State and Federal' law enforcemenI agencies has undertaken Law Enforcement efforts in the targeted area as it pertains to the '~weeding" strategies. The "Seeding" Strategies consists of a broad- based coalition of human resources and the assistance of that coalition will be made aw_a~ble to the residents of the targeted co~mlty through the_ estohli.qlwne~ of"safe havens" idenlified in the Immokalee Weed and Seed strale~. The Guadalupe Center, in coordination with the Collier Counly Sheriff's Dep~, Collier_ County Code Enforcement, Collier County Planning Division, the Ima-lokalee Alliance and other identified collaborative partners wR1 accomplish the management of those efforts. The primary goals and objectives of the Immokalee, Florida's Weed and Seed Initiative are as follows: · To significamly reduce violent crime, drug tra/~ and drug-related crime within the targeted area; · To significantly improve the physical conditions of the targeted area by special code enforcement initi_'a_~ves and other clean up activities and impr~ ovemems; To significantly reduce incidents of substance abuse, improve educational and training opportamity for children and farmlles and provide positive and educational recreation and support programs for children and families in the targeted area; and * To provide a safe and stimulating environment in in which the quality of life wRl improve for many children and famih'es in the targeted area. the To fiflfil! their role as agencies participating in the Weed and Seed initiative, the Guadalupe Center, Collier County SherlffDon Hunter, Collier County Commissioner's Office, Collier County Government Code Enforcement Division, Collier Coumy Development Division, Collier County Parks and Recreation Division, United States Attorney's Office of the Middle District of Florida, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco and Firearms, County Division of Probation, the Collier County School District, Immnkalee Fire Control District, Immokalee Friendship House, the NAACP Chapter of Collier Coumy, Redlands ~ Migrant Association, the Empo, werment Alliance of Southwest Florida, PACE Center for Girls, lmmokalee Chamber of Commerce, lrmnokalee Branch Library, Habitat for Humanity of Collier County, University of Miami School of Medicine Migrant Health Project, University of Southwest Florida, Harvest for Humanity'Housing Corporation, Americorp oflmniokalee, the Shelter for Abused Women, G, md~lupe Social Services, The Learning Connection, and residents of the targeted area. The agencies and residents listed above as collaborative parmers in the Weed and Seed Initiative are comltted to using their unique resources and skills to develop, implement, monitor and malnta~n the goals and objectives of the initiative. These agencies and residents hereby enter into the Memorandum of Agreement, and by the Sigllatljres reflected on the individual addenda attacdaed hereto, commit to provide support and resources of volunteer, financial or in-kind supP°rt to the Immokalee ,Weed and Seed Initiative: ADDENDUM TO TI~ MEMORANDUM OF AGRF~MENT H. Collier Co~y Co& Enfo~em~ l~nn~ L~.~n and Pa~ ~ut ~a~n T~ Collkx Cou~ff Govexnme~ pl.nni.g and D~lopmmt Divisi~, Code R~ Divisi~m and Parks ~ R~x~tion Division in re~:o?itkm of tl~ ~rlt~al ~ in Immolml~ Florida fro- a joint ~ among law enforcement agencies, human resource servica: providers, and ~l'ov¢ t~ quality of li~ for childr~ ~ familia, ~ ctm~nit~ il~ r¢~o~ a~ mor~ ~ s~t forth be. low, m lJ~ lmmniral¢~ Wcmd and Se:~l Initiative cm-remtly nnae,'w-ay in lmmnimice.. Dir~mr of Collier County Planning and D~w~lopm~m to serv~ nn We~:d and S~ S~ C~' D~ ~Co~ C~ P~ ~ ~~ m ~ ~ W~ ~ S~ S~ C~~ ~~s) m ~i~ a p~~ ~~ (s) m ~c ~ ~ ~ ~ ~ · Nei~horhood gu:stomtic~;. · HousingRclmb~ ° . Sari: Havre dcvct~ and support; and · Any sp~ e~lucatim and training m re~idcms a~d collalx~mfix~ parmcrs. Collier County Board of County Commissioners hereby agrees that will full fund cost of the above resources and services without cost to the Weed and Seed Initiative. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency: Chief Assistant County Attorney JAMES D. CARTER, Ph.D., Chairman ADDENDUM TO THE MEMORANDUM OF AGREEMF~NT I. Collier Cot~ Immoladee Branch Library Thc Collier County Branch L~rary in rcco~kion of thc ~ maxi in ~zc., Florida for a joint effort among law ~aforctm~ agcacim, haman resource sawicc provi&xs, --d r~si&=~ of tim co ....... fairy to e. timinat~ violent ca'line., drug traffmking, and drug ~ ~t'im~ a~l impro~ tim qual~ o£1ife for children and ~milies, hcr~"by commits its rc~:nnr..cs, as mom fully sc't forth be. low, to th~ Tmmok~tl~ W~g:d alld S~:gg:l ~xlitiati3~ gln'l'm~ _!y til~k:a, wRy il:t Tmmnlm_ie~. Dire~or of Collier County Branch D3rary to s~rw aa Weed and Se~d S~g Dire. mr of COllier Coumy Branch L~rary to assign prof~sional staffm~_l~rs (s) to scrvc as · Assist with i~i,~ ~ the ~on, ~.-m ~na Yr~mn~t strast~; · Facflita~.th~ ~lS¢ ofth~ rmmoknle~ Br~neh Library rcsourc~ ami services to ~ tl~ qua~,ty of education and life to childrm and rcsidmts of'the targeted Wccd and Sccd arca; and Collier County Board of County Commissioners hereby agrees that will'full fund cost of the above resources and services without cost to the Weed and Seed Initiative. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., Chairman Approved as to form and legal sufficiency: Chief Assistant County Attorney Whereas, Whereas, whereas, Whereas, Whereas, Whereas, PROCLAMATION Operation Weed an_d Seed is e national program through the United States Department of Justic. e; and, Operation Weed and Seed is a comprehensive strategy to help communities bring people and re, sources together to prevent and control crime and improve the quality of life. T,hera are over 230 neighborhoods across the country working who are officially recpgnized Weed and Seed communities; and, Operation Weed and Seed is a community-based strategy that addresses four critical elements: law enforcement, community policing, prevention-intervention- treatment and neighborhood restoration; and, Operation Weed and Seed aims to prevent, control and reduce violent crime and . drug abuse. It recognizes the paramount importance of community involvement. Most importantly, the Weed and Seed strategy empowers community residents to assist in identifying and solving problems in their neighborhood; and, the Guadalupe serving Collier County in agencies and schools /'s Office, and the Depa to plan their and, five year e safe havens *ion and * plan is to be for Weed Now, their the fo~vard of Coun agencies to and Department of DONE AND ORDERED BOARD OF C~I~I~IERS Dwight. Brock, Clerk Executive Summary RECOMMENDATION TO CONCEPTUALLY APPROVE AND AUTHORIZE THE STAFF TO DEVELOP A CITIZEN'S OVERSIGHT CoMMrl-rEE FOR THE REFERENDUM FOR ROADS OBJECTIVE: To provide additional public confidence in how funds associated with the referendum for roads program will be spent. CONSIDERATIONS: Should the referendum pass, a Citizen's Oversight Committee that would be responsible to review the annual collections and expenditures and provide a public report is recommended. The ordinance that established the referendum restricts the use of any road referendum funds to road related improvements only; and this cannot be amended. However, in addition, the County will, if this action is approved, create a committee of citizens to annually review the revenues and expenses associated with this referendum for roads program and provide an annual public report. Should the BCC authorize the staff to form this committee, an ordinance will be developed to create the oversight committee and it will be scheduled for the BCC meeting immediately following the November 6th Referendum for Roads (or the meeting of November 13th). This is provided for consideration today in order to meet the advertising requirements to have the committee ordinance on the November 13th agenda and to provide the public with advance notification of the creation of this important oversight committee prior to their consideration of the referendum for road improvements. FISCAL IMPACT STATEMENT: The cost of this committee will be nominal and would be expected to include only costs for copying of certain budget materials and a limited amount of staff time, these costs can be absorbed within the current Transportation Division budget. GROWTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this action. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, direct the staff to prepare and advertise for a Citizen's Oversight Committee to provide citizens review and reporting of any and all funds collected and expended from the referendum for roads. Prepared Thomar~ w. (~liff, Co-~i~:y ~anager O~T - U 2001 Pg. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS CONFIRM JAMES MUDD AS THE COLLIER COUNTY DEPUTY COUNTY MANAGER AND LEO OCHS AS THE ASSISTANT COUNTY MANAGER OBJECTIVE: To have the Board confirm the selections made for the Deputy and Assistant County Manager positions. CONSIDERATIONS: According to ordinance the County Commission is required to confirm the appointments of all Division Administrators and Assistant County Manager level positions. The two positions were initially advertised internally, interviews conducted, and selections made. The selections include Mr. James Mudd U.S. Army Colonel (retired) to head up the Deputy County Manager position and Mr. Leo Ochs as the Assistant County Manager. Mr. Mudd, if confirmed, would be responsible for the day-to-day operations of the Public Utilities, Transportation and Community Development Divisions. Mr. Ochs would serve as the operations director of the Public Services, Emergency Services and Administrative Services Division, each of which he has managed directly over the course of his career. Resumes for each are attached. As the County Manager, I am strongly recommending the confirmation of both of these individuals. I believe they are uniquely qualified to assume these high level administrative positions, and can help to lead this County to become one of the best local government organizations in the State of Florida. Each would be authorized to act in the County Manager's absence and will have full line authority over the divisions they are responsible for administering. FISCAL IMPACT: The Assistant County Manager will be paid a salary of $117,718.65, and the Deputy County Manager will be paid a salary of $116,967.72. The ultimate goal in the County Manager's office is to eliminate one of two existing administrative assistant positions through attrition, resulting in the same number of overall positions within the office. The net cost of these confirmations would be the difference between the current salary of the administrative assistant and the new deputy assistant, or approximately $69,417.87. In addition since the new Assistant will start at $13,080.06 less than the former Assistant County Manager salary, the final net cost to the County is reduced to $56,337.81. GROVVTH MANAGEMENT IMPACT: There is no growth management plan impact associated with this action. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS, confirm Mr. James (Jim) Mudd as the County's Deputy County Manager, and Mr. Leo Ochs as the Assistant County Manager. Prepared by: Cou~nager T h oma-,~ ~v. Olliff, RESUME Ochs, Leo E., Jr. 9139 The Lane Naples, Florida 34109 Telephone: (941) 513-2024, residence; (941) 774-8468, business PERSONAL DATA EDUCATION 1985 1977 OTHER EDUCATION PROFESSIONAL EXPERIENCE PRESENT MAY, 2000 Born 12-08-54 Married, three children Excellent health M.P.A, Northern Illinois University, DeKalb, Illinois Completed degree requirements while working full time in city government management position. B.A. (Government & Political Science), Illinois Benedictine College: Lisle, Illinois Continuing education includes formal training and course work in Total Quality management, as well as completion of the Supervisory Series of the Florida Certified Public Manager Program offered by Florida State University. Additional continuing education credits include completed course work in risk management at the Insurance Institute of America, as well as completion of several professional seminars and workshops focusing on public sector employment law, customer service excellence and effective management skills development. Public Services Administrator, Collier County, FL. (pop. 250,000) Administrator of a highly diverse operating division for a full service county government with a work force in excess of 2,700 employees. Responsible for management of community recreational, cultural, health and human services programs. Major operating units include Libraries, Parks & Recreation, Museums, University Extension Services, Domestic Animal Services, Veterans Services and Social Services. The Administrator also has oversight and liaison responsibilities with the Public Health Department. The Public Services Division is staffed by 334 full time employees. The FY 2001 operating budget is approximately $26 million, with another $20million appropriation for major capital improvement projects. AGEND,5. ITEM ldo. APRIl ~, 2000 OCTOBER, 1995 Support Services Administrator, Collier County, FL. (pop. 209,000) Administrator of a highly diverse operating division for a full service county government with a work force in excess of 2,200 employees. Responsible for management of administrative support and emergency medical, rescue and disaster preparedness services. Major operating units include Emergency Services, Facilities Management, Human Resources, Information Technology, Purchasing, Real Estate Services, Revenue Services and Risk Management. The Support Services Division is staffed by 270 full time employees. The FY 97 operating budget is approximately $39 million including internal service funds supporting County-wide insurance programs, fleet management, information technology, and revenue services. SEPTEMBER, 1995 JULY, 1986 JUNE, 1986 JANUARY, 1983 Administrative Services Administrator, Collier County, FL. (pop. 168,000) Administrator of a dynamic management and technical support services division for a full service county with a work force in excess of 1900 employees. Responsible for management of personnel, employee benefits, insurance and loss prevention, purchasing, facilities repair and maintenance, motorized equipment repair, real estate services, automated information systems, and public information services. Significant management accomplishments included development and implementation of a financially self-supporting, distributed office automation and desktop publishing system serving more than 300 subscribers, development and implementation of a progressive, performance based compensation, classification and performance management system, implementation and aggressive management of a self-funded group medical benefits program that reduced cost by approximately One Million Dollars in three years and restructuring the County's fleet procurement and utilization policies, as well as its repair and maintenance operations resulting in cost reductions of $500,000. Additional accomplishments included privatization of the annual surplus property auction and the light vehicle preventive maintenance program, implementation of comprehensive personnel and purchasing policies, implementation of an energy management system, development of a recurring supervisory and customer relations training series, implementation of an IRS Section 125 cafeteria benefits plan, implementation of five quality-improvement teams, and the completion of a series of join-venture purchase agreements with other local governments. Human Resources Director, Joliet, Illinois. (pop. 78,000) Administrator of a major support services department for a full-service municipality with a work force in excess of 600 employees. Responsible for labor relations, personnel, payroll, risk management, physical plant operations and maintenance, graphic reproduction and artwork, and public relations and information services. Significant management accomplishments included computerization of the City's payroll system, successful labor contract negotiations with the City's six employee unions and implementation of a new compensation and performance evaluation system for management employees. Additional accomplishments included revision of the City's position classification system, introduction of computer and word processing applications to departmental operations and formation of a labor management committee designed to study health care cost containment measures. DECEMBER, 1982 NOVEMBER, 1981 OCTOBER, 1981 OCTOBER, 1980 Risk Management Director, Joliet, Illinois. Appointed to direct a newly created division responsible for all premium-based and self-funded property, casualty, workers' compensation and unemployment compensation insurance programs. Additional duties included administration of the City's group hospitalization, dental and disability benefit program and development of a comprehensive loss prevention program. Significant management accomplishments included consolidation of individual property insurance policies under one blanket policy resulting in improved coverage, and a $35,000 premium reduction, development of the City's first comprehensive general liability insurance program and conversion to self-funding workers' compensation and unemployment compensation losses. Community Affairs Administrator, Joliet, Illinois. Promoted to direct and, . consolidate previously segregated support services. Responsibilities included grants administration, public relations program development, special events programming, and printing and graphics services. Significant accomplishments included development of a multi-service citizen survey questionnaire, a comprehensive analysis of the City's cable television franchise agreement, publication of the City's Annual Report and implementation of a user cost allocation and job order system in the copy center. SEPTEMBER, 1980 AUGUST, 1979 BACKGROUND SUMMARY PROFESSIONAL AFFILIATIONS REFERENCES Assistant to the City Manager, Joliet, Illinois. Entry level staff position reporting directly to the Deputy City Manager. Responsibilities included capital improvement planning, budget review and development, and employee incentive programs. Additional responsibilities included processing citizen service requests and complaints, and providing written monthly reports to the City Manager indicating the disposition of these requests. Work experience includes several management and administrative positions in municipal and county government each with increasingly greater responsibility and salary. Successful record of leadership, problem resolution, program planning and financial accountability, performance management, staff development, and administrative ability has been established. Proven ability to deal effectively with public officials, advisory boards, the media, the citizenry, professional colleagues, and employees on a professional and productive basis. International City Management Association Florida City/County Management Association International Personnel Management Association National Public Employer Labor Relations Association Public Risk and Insurance Management Association Florida Public Personnel Association Mr. W. Nell Dorrill, President, Maricopa Hardy Development Company, Naples, FI 941/592-7344 Mr. John M. Mezera, City Manager, City of Joliet, Joliet, Illinois 815/740-2211 Mr. Charles M. Zusag, Assistant City Manager, City of Newark, Newark, Delaware 302/366-7026 James V. Mudd, P.E. 787 Provincetown Drive * Naples, FL 34104 Phonc: (941)417-3421 · E-Mail: JamesVMudd(~aol.com OBJECTIVE: Seeking a responsible senior leadership position in a progressive, results-oriented organization needing experienced, proven executive with strong problem-solving skills to directly influence organizational success. an SUM2VIARY OF QUALIFICATIONS: · Twenty-seven years experience in leadership and management positions of increasing responsibility, including more than ten years of success in Senior Executive positions. · Supportive management style leads team members to achieve high standards. · Possesses exceptional com~nunications skills. Computer literate. Dependable team player. EDUCATION & CREDENTIALS: · MS, Operations Researc!'~ Systems Analysis, Naval Postgraduate School · BS, Civil Engineering. Un/red States Military Academy · Army War College, PA (one year executive development course) · Army Command and General Staff College · Registered Professional rivil Engineer, Virginia and Florida 1982 1974 1996 1986 Cu~ent PROGRAM MANAGEMENT: ACCOMPLISHMENTS As Public Utilities Administrator for Collier County, currently plans, directs, and oversees the programs, setwices, staffand resources of the Public Utilities Division, which is comprised of the Water, Wastewater, Solid Waste, Engineering, Operations and Billing. and Pollution Control Departments. Establishes Division work plans, goals and objectives; providing direction and guidance to subordinate directors and staff; oversees the allocation of Division budgets and resources: monitoring Division operations; and evaluating Division performance. Provides overall policy, planning, legislative coordination, and management control of the Division and its 318 employees. Exhibits 'hands-on' management skills, as appropriate. Manages the operation, maintenance and repair of water and wastewater treatment, san!.:::,, sewers, and water supply facilities, solid waste collection and disposal, collection of associated fees for users as reiated to water, wastewater and solid waste services, and for the design and construction of related capital prsiects, including Beach and Outlet Management projects. The division's FY 2001 operating budget is $I 17,1 and the Capital budget is $78M. · Turned an organization plagued with State environmental violations and severe capacity planning shortfalls into a proactive, program and fiscal management suave branch of County Government that is totally focused on meeting growth requiren:::::z and satisfying taxpayer needs. Executed the $195M program as projected. · Established a badly nee3:.5 business management office, brought the capital projects program back on schedule and budget, and establisi:eci response protocols within the entire organization for the public, the staffand elected officials. Took a safety program :i'...- ','~ as floundering in generalities and focused it with a well-grounded analysis of past accident~ and worker ce~:-~i~'ensation payouts. · Developed the Collie:' Cv~nty Strategic Business Plan. Set goals and objectives for strategic direction and improved business proce.~...~:. This plan has provided focus and is revolutionizing the way the County. does business. · Reduced the number o; vacancies in the Division through a proactive recruitment process from 12% to 4% in one year. Provided a v,-~izix'e leadership environment for the organization that has helped to drastically reduce the unacceptable turn?,,. : .:~ of 22% to an all time low of 8%. · Accepted personal responsibility to move County forward to resolve sorely neglected Solid Waste capacity and objectionable odor issue< "'__ Page 2 of 4 James V. Mudd, P.E. Lead the County Geographical Information System team that developed an implementation plan in six months, and is on the way to have a countywide system fully functioning in the next two years. This well coordinated effort will ultimately save the County. $6M and come on line years earlier than expected. As District Commander, supervised a 1,050-person, predominantly civilian engineering and technical service organization. Directed activities and teams to complete US Army Corps of Engineers civil works projects for highly satisfie:t local, state and Federal customers in Illinois, Iowa, Wisconsin, Minnesota, and Missouri for a program totaling $168 million annually. Managed operation of 20 locks and dams on the Mississippi and Illinois Rivers, 5 flood control reservoirs and maintenance of 582 miles of vital navigation channel. · Turned a reactive, complacent organization into a proactive one that is totally focused on satisfyin, g. customer requirements and needs. Executed the $168M program as projected. · Designed and implemented corporate communications programs/strategies. Proven experience with the Press. · Developed and maintained contacts with congressional, national, state, tribal, local political, and interest group officials on public works, water resource, environmental and infrastructure issues. · Reduced the number of government employee lost time accidents by 22% and cut the number of contractor accidents in half in 1999 alone. Reduced the amount of workers' medical and compensation costs by S207K, a reduction of 37% in 1999, while simultaneously improving the program execution rate of the district by 15%. · Successfully reorganized two Corps offices, moving from traditional hierarchical to matrix structure. Implemented Planning, Programs and Project Management restructuring in the Rock Island District of the Corps (1998), a significant paradigm and cultural shift for the organization. As Director, Public Works (DPW) for the Rock Island Arsenal managed the maintenance and renovations for 6.3M square feet of manufacturing floor and administrative office space with the associated engineer support for 225 buildings & structures including: family housing; steam generating, hydropower, water & wastewater plants; roads, parking lots, major bridges, and lands management. Municipal engineering services included Operations; Environmental, Natural and Cultural Resources; Engineering Plans and Services; Housing Management; Logistics; Utilities; Buildings and Grounds; Fire Protection and Prevention; Administration; and Engineering Resource Management. · Effectively executed the $38M annual program that included all aspects of engineering services/management. · Identified savings of $1.7 Million per year using improved business processes. ENGINEERING & CONSTRUCTION MANAGEMENT: Largest 1999 Projects: Arsenal DPW program execution and management ($38M); Lock and Dam Rehabilitation program (L/D# 14 - $37M; L/D# 12 - $42M); District Operation and Maintenance program for 20 locks and dams and 5 reservoirs ($79M); Loves Park Flood Control project ($31M); Upper Mississippi River (UMR) Environmental Management Program (5; 19M). Successfully fought two major flooding disasters in Northeast lowa in 1998 and 1999. Through proactive use of the district resources and flood area engineers, prevented millions of dollars in water damage to homes and businesses. Administered execution of design and construction contracts for key national defense customers as a Contracting Officer. Contracts ranged in size from $25K to $15M and included cost-type, evaluated total cost method, firm-fixed price, best value, signature-type and negotiated-type contracts. Directed the largest and most complex feasibility study the Corps of Engineers has ever undertaken, the Upper Mississippi and Illinois Rivers Navigation Study - $55M. This study is examining the navigation improvements that need to be made to these two river systems over the next fifty years as well as protecting the delicate ecosystem that surrounds these magnificent watersheds. Led numerous project team meetings with Federal, state, and local customers, Corps of Engineers, and Architect-Engineer participation. Facilitated resolution of funding, technical and customer satisfaction issues. James V. Mudd, P.E. Page 3 of 4 ENVIRONMENTAL MANAGEMENT: Partnered the 1999 reauthorization of the UMR Environmental Management Program with the five States of Minnesota, Wisconsin, Iowa, Missouri and Illinois along with numerous Federal agencies and national interest groups. The yearly authorized amount increased fi.om $19M to $33 M annually. Served as the Corps of Engineer's commander responsible for the planning and management of the third largest environmental program in the country. Annual outlays have been in the $19M range since 1986. Total project cost is $532M with 60 habitat'rehabilitation projects already complete. An effective long-term monitoring program is also in place to measure the ecological health of the Mississippi and Illinois Rivers: Managed the Illinois River Ecosystem Restoration study. A $5M effort to provide an integrated management plan for the entire watershed. Alternatives include island creation, side channel restoration, prot, ection and creation of wetlands and critical habitats, stream restoration and sedimentation control. This effort is an integral part of the $2.5B Illinois 2020 watershed program. Initiated a $3M Rock River ecosystem enhancement study that focuses on environmental restoration opportunities throughout the drainage basin. Preliminary findings suggest a $70M effort with particular emphasis on system restoration activities such as fish and wildlife habitat restoration, stream restoration, fish bypass facilities, and nonstrucrural flood damage reduction opportunities. EXECUTIVE LEADERSHIP: Implemented new Corps of Engineers vision statement in 1997. Set goals and objectives for strategic direction and improved business processes. Totally revolutionized the way the District does business. Implemeated a measurement system to monitor business process success that leads to effective and efficient change. In 1999 the District ranked third in the Corps' annual Army Communities of Excellence competition - the best district in the Corps using the President's Malcolm Baldrige Criteria. Created and implemented a district wide training program based on business and individual development needs for over 1,000 employees in Rock Island District, now considered a model for the Corps of Engineers. · Radically improved the district's affirmative action and equal opportunity, programs. Set goals; objectives and implemented action plans to better unite the many disparate interests in the multi-cultural setting of the district. · Significantly enhanced employee morale through workplace and computer network improvements. Remodeled the entire 1865 era, District historical complex that had been neglected for years. As Assistant Director of Civil Works for HQ, Corps of Engineers helped focus and manage a 260-person, predominately civilian, engineering and technical services staff, which formulates the national budget, sets policy, and manages the execution of the $4.4B Army Corps of Engineers Civil Works program. Business areas include flood control, hydropower, coastal protection and restoration, commercial navigation, emergency response, regulation of wetlands and other water resources, and recreation. · Developed solutions to politically sensitive and complex issues through direct coordination with the Army Staff, other Federal agencies, members of Congress, State and local governments and agencies, interest groups and private citizens. · Implemented performance measures that increased responsiveness, accountability, and improved customer satisfaction. As Commander, 54th Engineer Battalion led an 850-man combat engineer battalion in support of V Corps. Planned for and trained the organization in preparation for a variety of engineering tasks. Managed a $2.5M operating budget. Maintained a fleet of over 300 general purpose and special engineering equipment items. Rekindled pride and teamwork and reinvigorated a passion for excellence in a unit that was physically spent and lacking cohesion after its return from the Gulf War. Performance resulted in early promotion to Colonel and selection to attend the Army War College, a one-year executive development program~ AGENDA IT.2.',1 06;f - 200i James V. Mudd, P.E. Page 4 of 4 As Chief, Assessment Division, Combat Analysis Group, US Central Command: transformed a lethargic, introspective, and organizationally isolated activity into a dynamic, corporately focused, and horizontally integrated command support unit. · Provided our National leaders and General Swartzkopf with scientifically derived planning analysis and pre- execution war plans' verification for the Gulf War (Operations Desert Shield/Storm). WORK HISTORY Public Utilities Administrator, Collier County., Florida Commander and District Engineer, Rock Island District, Corps of Engineers Director of Public Works and Partnership Lead, Rock Island Arsenal, IL Assistant Director of Civil Works, U.S. Army Corps of Engineers Chief of Operations, G3, V Corps, Frankfurt and Heidelberg, Germany Commander, 54th Engineer Battalion, Wildflecken, Germany Chief Assessment Division, Combat Analysis Group, US Central Command, MacDill AFB, FL and Riyadh, Saudi Arabia Executive Officer, 23rd Engineer Battalion, Hanau, Germany Assistant Division Engineer, 3ra Armor Division, Frankfurt, Germany Chief, Combat Modeling Branch, DCD, USA Engineer School, Ft. Belvoir, VA Company Commander and Executive Officer, F Company, 4t~ Engineer Battalion? Ft. Carson, CO and Wiesbaden, Germany Platoon Leader and Executive Officer, C Company, 6-32 Armor Battalion, Ft. Carson, CO 2000-2001 199~-2000 1997-'1999 1996-1997 1994-1995 1992-1994 1989-1992 1987-1989 1986-1987 1982-1985 1976-1979 1974-1976 PROFESSIONAL AFFILIATIONS: · Member, Association of the US Army · Member, American Society of Civil Engineers · Member, American Legion · Life Member, Veterans of Foreign Wars · Member, Society of American Military Engineers (SAME). As President, Rock Island Post ~von second and f~rst place National Post awards in 1999 and 2000 respectively. AGENDA NO. 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). Also to amend one page in Schedule One (Road Impact Fees) and one page in Schedule Seven (Emergency Medical Service Impact Fees) to Appendix A to the Ordinance with regard only to "Assisted Living Facilities" and "Adult Congregate Living Facilities." 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. 3. Reinstatement of a limited exemption frOm only Road Impact Fees for buildings to be constructed by or on behalf of tenants (or subtenants) at 0CT 0 9 2001 Amendment to Chapter 74 of Code of Laws and Ordinances Page 2 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 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, excluding 501(C)(3) entities that are operated for religious, scientific, literary, or educational purposes, or to foster sports competition, facilities or equipment, or for testing for public safety, or for prevention of cruelty to animals; and also 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 $7,500. 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 definitions by amending three (3) definitions and adding a new definition for "Assisted Living Facility (ALF)." 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 .~GENr, '£M OCT 0 9 2001 Amendment to Chapter 74 of Code of Laws and Ordinances Page 3 final development at build out may not require the level of utility service demands that are assumed in the meter size Impact Fee calculations. 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), and to adopt the Attached single page of Schedule One and the attached single page of Schedule Seven to Appendix A to the Ordinance. xx rich pages to these Schedules, as amended, will supercede the now existing pages to Schedules One and Seven. SUBMITTED BY: REVIEWED BY: APPROVED B Y: Ph~h~p R. 'i'indall, . Impact Fee Coordinato/) /'q. // Denny Baker, Date: q"~g '"~[ Business Manager /1,~,~ ~ Date: 9 1 Jol~n M. D'unn~c~, Interim Administrator £ ommunity Development & Environmental Services Division AGENDP .o._ OCT 0 9 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 4O 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 COUN'FY 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 "l" 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 agreement AGEN~ ,*rEM No. ~ ;~.~d~ OCT 0 9 20U1 .,o. I expressly provided that such improvements, at the end of the leasing agreement, at the 2 option of the County would become the property of the County; and 3 WHEREAS, The recently adopted Consolidated Impact Fee Ordinance, which 4 became effective on March 19, 2001, eliminated all of the former "government buildings" 5 exemptions from payments of road impact fees, including, inadvertenUy, then existing 6 airport leases; and 7 WHEREAS, to eliminate the unintended elimination of the pdor "government 8 building exemptions" in the context of then existing airport leases, which occurred as a 9 result of Ordinance No. 2001-13, the Board desires to authorize the County Manager to 10 grant exemptions from Road Impact Fees with regard to future applications for building 11 permits requesting authorization to construct buildings by or through such tenants or 12 subtenants at each Collier County-owned Airport, provided that the lease was signed by 13 both parties prior to March 13, 2001, and the lease then specified that the County (or the 14 Airport Authority) can elect to either acquire title to such building(s) at no cost, or can elect 15 that such improvements be removed and the leasehold estate be restored to the physical 16 conditions that existed before commencement of the lease at no cost to the County; and 17 WHEREAS, the Consolidated Impact Fee Ordinance eliminated provisions for 18 waivers of impact fees in all instances except affordable housing waivers or deferrals; and 19 WHEREAS, the Board of County Commissioners desires to establish a limited 20 program to authorize granting of waivers from payment of impact fees only for specified, 21 tax exempted, not-for-profit, charitable, entities that provide specified services of 22 substantial benefit to Iow income or very Iow income residents of Collier County at no 23 charge or at reasonable, reduced rates, and, subject to being increased by possible cash 24 being carried forward into the next succeeding fiscal year, the cumulative total of these 25 waivers will not exceed one hundred thousand dollars ($100,000) in a fiscal year; and 26 WHEREAS, this Ordinance amends three (3) definitions and adds a new definition 27 for "Assisted Living Facility (ALF)." 28 29 30 31 32 33 34 35 36 37 38 39 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 2 Underlined text is added; St"~~, Lhm'-?,h text is deleted. OCT 0 9 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 35 36 37 38 39 hereafter be amended from time to time are controlling upon this chapter and are incorporated throughout this chapter. SECTION TWO. 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 IA~../~:wa~;~,~.~ L!v!.",~, m~,.;,%, /a~ c~- shall mean residential facilities ' /,..., ....~,...~, .... ,.~ ,,..~, ~. ~;~,~ ...,,,,; ,. · that consist of one or more, .................................. ~-, ........n.t buildings, designed or used for eldedy living. They may also contain dining rooms, medical facilities, and recreational facilities. The primary characteristics that distinguish ACLF's from Nursing Homes or Assisted Livinq Facilities (ALF's) is the ability of the residents to care for themselves. ~r., c,~ m-"y "-~',,,~.- -.~,.~*~ homes, ~-~;-g The definition "Assisted Living Facility (ALF)" is hereby added to read as follows: "Assisted Livin.q Facility (ALF) shall mean residential facilities that provide housin,q, meals, personal care services, and supportive services to older individuals and disabled individuals who are unable to live independently. To be eligible to live in an ALF, thn individual must meet residency criteda which are defined by then existin.q Flodda St~te(s) or re.qulation(s), or both. Before a facility can be classified as an ALF for purposes of calculatinq the impact fees applicable thereto, the County Administrator must be provided with proof that the facility has then acquired (or unconditionally shall be able to acquire) alii licenses then required by statute(s), regulation(s), ot both, to operate the respective facility. 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 all the residents ...~o.., cn!y must be abc';c thc -~e cf older than eighteen years of age as a~d !s evidenced by r-eeerded permanent age restrictions recorded in the land records of the County, which restrictions shall run with the such .qeo~raphic areas. which ..... + ~'~ "~'""g"'~ ~' .... ;~P' ....+~ "~ *~'" residents., The definition of "Square Footage" is amended to read as follows: "Square Footage" shall mean the gross area measured in feet from the extedor faces or exterior walls or other exterior boundaries of the Buildings. For the calculation of Road impact Fees, ~ .Square Footaqe exclude~ areas within the intedor of the building which are utilized for parking. 3 Underlined text is added; E4~ text is deleted. OCT 0 9 Z001 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 35 36 37 38 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 existing boundaries of a County-owned airport are eligible for exemptions from Road Impact Fees provided the airport leasing agreement was executed pdor to March 13, 2001, and the lease, when executed, expressly provided that the County or the Airport Authority, not later than twenty-nine (29) years subsequent to the initial effective date of the leasing agreement, at no expense to the County or Airport Authority, will automatically acquire title to the respective buildings, or if the Board or Airport Authority decides not to acquire title to such buildings, the subtenant (or tenant), at no expense to the County or the Airport Authority, shall promptly remove such buildinqs and restore the leased (or subleased) premises to the physical conditions that existed as of the commencement date of the respective leasing agreement. Eligibility 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 building permit(s) unless a time extension is granted by the County Manager for good cause. SECTION FOUR. Section 74-203, Paragraph C (as corrected by SECTION TEN, hereunder, is amended as follows: C. ?.ny 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) applying the County's investment policy and in accord with Chapter 218.415, Flodda Statutes. All income dedved 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 accumulated in the respective Trust Fund shall be used to fully fund "not-for-profit" charitable entity Impact Fees waivers. Accumulated 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 fi'om accumulated 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 accumulated interest in the respective Impact Fee Trust Fund is insufficient to fund the then pending requested waivers, th~ Underlined text is added; ~.'~" ..~"-~., text is deleted, A~3ENQA rrEt~' · t OCT 0 9 ZOO1 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 35 36 37 38 manager of each such Trust Fund shall promptly notify the County Manager in wdtin,q of the factual and leqal bases for those opinions. Accumulated 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 the accumulated interest cannot legally 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 thereto, or unless 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 authodzaiion to 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,.e¢ 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 v,'i¢; regard to water and sewer Impact Fee, as follows: H. Notwithstandin.q 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 thn requirements for eli.qibility 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 qrant such refunds without further approval from the Board subiect to the refund applicant complying wth all then applicable refund requirements, SECTION EIGH'[: A new subsection "1" is hereby added to Section 74-203, to authorize waivers of impact fees for eligible not-for-prorA, charitable, entities, only as follows: I. Impa*' ~-ee Waivers Available to Charitable Organizations and Charitable Trusts. These Im~: ~: Fees waivers are available only to eligible to not-for-profit, chadtabln entities as spe~,.' .... rein. The cumulative total of all not-for-profit waivers in each of th .- ,~' ndedined text is added; ~ text is deleted. AGEND~_ITE M OCT 0 9 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 35 36 37 38 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 a fiscal year is less than $100,000 (or is less than the higher total in the fundinq account for that fiscal year because of prior cash carrying -forward) some or all of the sum of money not waived can be carried forward and thereby be added to the $100,000 fundinq for the next 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 charqe or at reasonable, reduced rates, and no part of the net eaminqs of the entity shall inure to the benefit of any pdvate shareholder or individual, and the entity complies with at least one (1) of the followinq: a. The entity is described in subsection 501(C)(3) of Chapter 26 of the United States Internal Revenue Code as a corporation, a community chest, a fund, or a foundation, organized and operated exclusively for charitable purposes, or for prevention of cruelty to children, and is then exempt from taxes under Section 501(a) therein; or b. The entity Is described in subsections 501(C)(4)(A) and (B) of Chapter 26 of the United States Internal Revenue Code as either a Civic Leaque or an orqanization not organized for profit, is operated exclusively for the promotion of social welfare, and is exempt from taxes under Section 501(a), therein; or c. 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 d. The entity is a hospital, a cooperative hospital service orqanization, a 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 e. The entity is then exempt from Florida's annual and nonrecurdnq intangible taxes pursuant to Subsection 199.185(4), Flodda Statutes, as a "Charitable Trust" and at least ninety-five percent (95%) of its income is paid to one (1) or more of the above-listed federal tax exempt entities. 2. Amount of Waivers Available to Applicants. Subject to not exceedinq the 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 no applicant shall be granted more than $7,500 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 haI 6 Underlined text is added; St'-'m~. *-%~ugh text is deleted. OCT 0 9 ~_001 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 been granted a waiver under these provisions shall be eligible for any County affordablo 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 Manager not later than concurrently with payment of the respective Impact Fees. Tho County shall not accept any such applications after the respective impact fees have been paid to the County. The applicant can avoid payment of Impact Fees (up to the maximum amount of impact fees that may possibly be waived for that applicant) only when it is possible that the Board may grant the requested waiver before the respective Impact Fee,-, become due and payable to the County. The application must prove all of the applicabln above-specified elements that render the entity eligible for the requested waivers, including the required tax exemption(s). The County Manager may request additional information deemed appropriate to ascertain the applicant's eligibility for the requested waivers, includin,q cdteda noted in Section 196.195 and/or 196.196, Flodda Statutes. b. No priority shall be given to any application based on any "first come, first served" basis. The County Mana.qer shall review each application to determine eli,qibilib,! for the requested waivers. Within thirty (30) days after receipt of the application, thn County Manager should inform the applicant in wdtin.q whether the application is complete. If the application is incomplete, the application may be returned to the applicant, specifvinn in writing why the application fails to prove that the entity is eligible for the requested waivers. After receipt of such notice, the applicant shall have an additional thirty (30) days to re-submit an amended application. Failure to meet this deadline shall void tho applicant's eligibility for the requested waivers unless an extension is granted for .qood cause at the County Mana.qer's discretion. c. After an application is determined by the County Manager to meet the above-specified minimum filing requirements, the County Manager shall promptly place thn application request on the County's Manager portion of the Board's agenda. The fiscal year in which the waiver application is granted or denied by the Board shall be the fiscal year that applies to the application. The Executive Summary shall specify the cdted~ deemed by the County Manager to render the applicant eligible (or ineligible) for tho requested waivers, and shall include the County Manager's recommendations whether tho Board should grant the request in whole or in part, or should deny the request, alon_~ with proposed Resolution that may be adopted by the Board that contains specific findings that the applicant is (or is not) eligible for the requested waivers. No Resolution shall apply more than one (1) applicant. Waivers granted shall be final and vested immediately upon adoption of the Resolution. 5. Not-for-profit waivers are discretionary and the Board's decisions are final. 6. The County Manager may adopt additional generally applicable procedL Underlined text is added; e*,,~, o~- .... ~' text is deleted. OCT 0 9 2001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 rules with regard to application requests provided those rules apply to all similarly situated applicants and do not impose additional mandatory eligibility requirements upon any applicant. SECTION NINE. A new paragraph "g" is hereby added to Subsection D in Section 74- 303, as follows: .q. Multi-family unit, duplex, mobile home or travel trailer recreational vehicle impact fees shall be paid to the County at the largest dollar amount based upon the permit/space, or the meter size as determined by applying Ordinance No. 97-17 as then amended or superceded. In the event the meter size calculation results in a larqe~ initial payment of such Impact Fees than would result by application of the permit/space calculations, the payer of such larqer initial water and/or sewer Impact Fees shall be entitled to impact fee credits against additional units as buildinq permits for those additional units are issued by the County within that development. Staff is authorized to approve and grant such credits. The amount of impact fee credits ,qranted shall not exceed the difference between the amounts initially calculated as ascertained by the meter size calculations and the amounts determined to be due and payable applyin.q the permit/space calculations. SECTION TEN. Scrivener's Error Corrections. This Section corrects scdvener'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 scdveneds 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; r~,,~; ..... ~,~,, ~,,,~ D ..... ,;,,,,~ =~,,;~.',;,,o ,,,,p~,.* ~,,,, r~,,~; ...... 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; D should be F; and E--should - G. 8 Underlined text is added; .......... ~.. text ~s deleted. AGENDA. ITE No.._.._,i~j~ OCT 0 9 ~001 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 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. 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 O,'dinances 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: Deputy Clerk By: Approved as to form and legal sufficiency: Thon~s C. Palmer, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA James D. Carter, Ph.D., Chairman Underlined text Is added ~, ~, ,*- · ' ; ...uc .... mu~3h text is deleted. AGEN D:~..~I1 -?~ OCT 0 9 2001 APPENDIX A SCHEDULE ONE ROAD IMPACT FEE RATE SCHEDULE Residential Single Family Deta :hed House Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft.$ 2,500 Sq. Ft. or larger Multi-Family (1-2 Stories) Multi-Family (3-9 Stories) Multi-Family(Above 10 Stories t~.~ 1Z'.-,r..il;t , [ A t'"~l '~'\ Congregate ........... Assisted Living Facility (ALF) Condominium/Townhouse Mobile Home Retirement Home/Adult Con~re~oate Living Faciltiy (ACLF) High-Rise Condominium Lodaina Hotel Motel Resort Hotel RV Park $1,825.00/Dwelling Unit $2,433.00 Dwelling Unit $2,871.00 Dwelling Unit $1,800.00 Dwelling Unit $1,811.00 Dwelling Unit $1,147.00 Dwelling Unit $263.00 Dwelling Unit $1,512.00 Dwelling Unit $1,053.00 Dwelling Unit q::l ,01 "~ nth l'h $1,012.00 Dwelling Unit $1,079.00 Dwelling Unit $1,762.00 Per Room $892.00 Per Room $1,550.00 Per Room $1,065.00 Dwelling Unit Recreation Golf Course Movie Theaters Marina Institutional Hospital Nursing Home Church Elementary School Middle School High School Jr./Community College University Day Care A-1 $156,334.00 18 Holes $10,571.00 Per Screen $862.00 Boat Berth $3,763.00 1000 Sq. Ft. $340.00 Per Bed $2,190.00 1000 Sq. Ft. $213.00 Per Student $322.00 Per Student $421.00 Per Student $382.00 Per Stud, $590.00 Per Stud~ $225.00 Per Stud~ AGEND'~ :TE bt"~ ~ OCT 0 9 2001 !nt No. _~ ~nt APPENDIX A SCHEDULE SEVEN EMERGENCY MEDICAL SERVICES IMPACT FEE RATE SCHEDULE Impact Fee Land Use Category Residential: Single Family Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft. 2,500 Sq. Ft or lar,ger Multi-Family Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft. 2,500 Sq. Ft. or larger Mobile Home Less than 1,500 Sq. Ft. 1,500 to 2,499 Sq. Ft. 2,500 Sq. Ft. or h,'gcr Non-Residential: Transient, Assisted. Group: Hotel, Motel Nursing Home_ ACLF Recreational: Marina Golf Course Movie Theater Institutions: Hospital Elementary Middle School High School Junior:/Communi~,, College University/Colleg~ Church Day Care Cemcr Office and Financial: Office 50,000 3, .~ :. or less Office 50,001 - * .,~100 Sq. Ft. A-9 ImPact Fee Rate $93.00 per Dwelling Unit $104.00 per Dwelling Unit $130.00 per Dwelling Unit $93.00 per Dwelling Unit $104.00 per Dwelling Unit $130.00 per Dwelling Unit $93.00 $104.00 $130.00 per Dwelling Unit per Dwelling Unit per Dwelling Unit $38.00 per Room $77.00 per Bed $11.00 per Berth $8,120.00 per 18 Holes $741.00 per Screen $126.00 per 1,000 Sq. Ft. $16.00 per Student $23.00 per Student $28.00 per Student $11.00 per Student $21.00 per Student $34.00 per 1,000 Sq. Ft. $19.00 per Student $83.00 per 1,000 Sq. Ft. $71.00 per 1,000 Sq. Ft. AGENDA ITE k~ -- OCT 0 9 2001 EXECUTIVE SUMMARY CONSTRUCT SOUTH COUNTY WATER RECLAMATION iFACILITY EXPANSION, PROJECT 73949 OBJECTIVE: That the Board of County Commissioners meet growing sewer service demand in the South Sewer Service Area by amending contracts for engineering, inspection, and construction services to construct an expansion to the South County Water Reclamation Facility (SCWRF) to increase capacity to 16 million gallons per day (mgd) maximum month average day flow. CONSIDERATIONS: On May 22, 2001, agenda item 16(C)(9), the Board authorized staff to execute agreements and purchases for near-term capacity-related improvements to provide assurance that the facility will have adequate capacity to properly treat and dispose of projected peak season sewer flows in advance of peak season 2002. That work is in- progress; however, it will take substantially more effort to prepare this facility to meet the growing service demands in the South Sewer Service Area. Also, our April 10, 2001 Consent Order with FDEP stipulates that expanding the SCWRF to 16 mgd must be completed by November 2003. Staff met with representatives of neighboring homeowner groups, namely the Lely Golf and Country Club, Lely Resorts, and the Tanglewood Homeowners Association. The purpose of the meeting was to broach the subject of expanding the facility. Their feedback was generally positive. The homeowners appear to be satisfied that the County delivered on commitments made to address noise, odors, lighting, safety, and landscaping concerns. Staff has communicated to local residents that, in the interest of being good neighbors, the County proposes to minimize disruptions to the community associated with heavy construction. This will be accomplished by making the proposed expansion the last of the major, heavy construction project to add treatment capacity to this site. Once completed, the facility will have capacity to process 16 mgd maximum month average day flow (MMADF). Significant concessions were made to appease local residents including improvements both on site and off site. Commitments were made to relocate the primary entrance road to the facility via a new alignment accessing Wildflower Way, provide reclaimed water for median landscape irrigation along St. Andrews Boulevard, and provide landscaping and improved odor control on a master pumping station located on Rattlesnake Hammock Road near the entrance to Lely Golf and Country Club. Our Construction Manager-at-Risk contractor provided a Guaranteed Maximum Price (GMP) to construct the project based on documents constituting ninety (90) percent complete plans and'specifications. Staff negotiated the scope, fees, and schedule for contract amendments with our Construction Manager, Design Professional, and Resident Project Representative. Copies of each contract amendment are attached. Negotiated fees are summarized as follows: Executive Summary Construct SCWRF Expansion Page 2 Fees Scope of Services Montgomery Watson $38,954,395 Construction Manager-at-Risk, Amendment 1 Hole Montes, Inc. Malcolm Pimie, Inc. $1,786,000 $1,062,978 Design Professional Services During Construction, Amendment 13 Resident Project Representative, Amendment 1 It is estimated to take 31 months from a Notice to Proceed to construct this project. Construction services to be provided are consistent with our existing May 8, 2001 agreement with Montgomery Watson for Construction Manager-at-Risk setwices pursuant to RFP 00- 3171. Staff negotiated the proposed scope and compensation as provided in Amendment 1 to Construction Manager-at-Risk Services Agreement. Engineering services to be provided are consistent with our existing March 15, 1994 agreement with Hole, Montes & Associates, Inc. for protEssional services pursuant to RFP 93-2121. Staff negotiated the proposed scope and compensation as provided in Amendment 13 to Professional Services Agreement. An independent, third-party will provide resident observation and inspection services. Project Site Representative services will be provided by Malcolm Pimie, Inc. in accordance with our Fixed-Term Utility Engineering Services agreement, RFP 00-31 l 9. Staff negotiated proposed scope and compensation as provided in Amendment I to Work Order MP-FT-01-1. The cost of the proposed construction can be divided into two categories: improvements related to capacity and improvements related to operational enhancements. A breakdown of these costs is as follows: Improvements Capacity-Related Operational Enhancements Estimated Cost $35,865,311 $3,089,084 Description Flow equalization, preliminary treatment, aeration process, odor control, clarifiers, filters, disinfection, and back-up power supply. Relocate existing recycle pumps, aerated flow splitter box, coagulant aid chemical (alum) system, modify clarifiers, replace return sludge pumps, add variable speed drives to transfer pumps, line the on-site storage pond, and upgrade plant service OCT 0 9 200 1 ;~A ITE# Executive Summary Construct SCWRF Expansion Page 3 Based on the ratio of capacity-related construction costs to the total construction cost of 92.1 percent, the non-construction project costs can be pro-rated between the two categories of work as follows: Construction Engineering Resident Site Representative Miscellaneous including permits, materials testing, and wetland mitigation Sub-total Contingency (10%) Total Estimated Capaci _ty Non-Capaci _ty Cost Related Cost Related Cost 38,954,395 35,865,311 3,089,084 1,786,000 1.644,906 141,094 1,062,978 979,003 83,975 500,000 500,000 0 $42,303,373' 38,989,220 3,314,153 4,230,337 3,898,922 331,415 $46,533,710 42,888,142 3,645,568 The proposed SCWRF expansion cost is higher than comparable treatment plant construction costs for similar facilities producing reclaimed water in Florida. In terms of flow, the treatment plant capacity will be doubled from 8 mgd to 16 mgd. At $39 million, the additional 8 mgd of capacity will cost $4.88 per gallon per day of capacity to construct. The County's most recent example is the on-going expansion of the North County Water Reclamation Facility (NCWRF) bid in 1999. In comparison to a comparable project, the on- going NCWRF expansion is nearing completion to add 5 mgd at a cost of approximately $3.80 per gallon per day of capacity. The higher costs could be attributed to several factors including inflation, schedule, uncertain site conditions, risk, and market conditions. The project schedule is being accelerated to ensure compliance with the April 10, 2001 FDEP Consent Order deadline, and to provide capacity to meet accelerated population projections following the 2000 census. Uncertain site conditions, such as groundwater and soil conditions, can affect the cost of underground dewatering and excavation work. The Guaranteed Maximum Price includes a contingency fund to cover the Contractor's risk of bidding a set of plans and specifications which were incomplete (ninety percent complete). The current booming construction market contributes to higher prices and caused two subcontractors to withdraw their bids. In the attached letter dated September 27, 2001, our Design Professional provides review comments on the Guaranteed Maximum Price and recommends approval. Although the proposed expansion appears to double the capacity of the facility, the project will achieve much more. The expansion will allow the facility to accept more flow, and also higher strength wastewater. The expansion wilt increase capacity from being able to handle an average of 8 mgd of"typical"-strength wastewater, to being able to handle an average of 16 mgd of highly concentrated, or high-strength wastewater. The result will be a facility designed with factors-of-safety to enhance the operability, stability, reliability, and neighborhood compatibility of the treatment facilities. Executive Summary Construct SCWRF Expansion Page 4 FISCAL IMPACT: Funds are needed in FY02 in the amount of$4~).~ ,_x.710. The source of funds is a combination of Sewer Impact Fees and Sewer User Fees. ',. ~:xting for all work will be prorated based on the ratio of capacity-related construction cos[:, ,) the total construction cost. Impact fees are needed in the amount of $42,888,142 !bt capacity-related improvements. User fees are needed in the amount of $3,645,568 for improvements which are not related to capacity. There is a proposed budget of $23,645,400 in Sewer Impact Fees and F~ ~(~0,000 in Sewer User Fees for this project in FY02. The total estimated project cost ex,:.~,.:tts the funds available in the proposed budget for FY02. The difference between the proposed FY02 budget and the current estimated cost is attributed to low estimates duri ng preliminary design, changes to design criteria to add a greater factor of safety to process high strength wastes and equalize flows, and the effect of the April 10, 2001 FDEP Consent Order which added cost to the project by accelerating the schedule. Budget amendments are needed for Sewer Impact Fees in the amount of' $19,242,800 and for Sewer User Fees in the amount of $1,885,600. The additional fiscal requirements will be funded by a bond issue. Public Utilities is working with the Office of Management and Budgets and the Finance Department; and have jointly initiated discussion with the county financial adviser to secure financing through bonds in the amount of $23,4()0,000 for water and sewer projects. This request will increase the bond funding requirements to $44,528,400. The bonds related to this project will be paid back with impact fees and user fees. Principal and interest payments on the additional $21,128,400 debt are estimated at S2 million per year for 20 years. GROWTH MANAGEMENT IMPACT: Increasing capacity to accept and treat wastewater in the South Sewer Service Area is consistent with CIE 916 of our Growth Management Plan, and also, our 201 (Wastewater) Master Plan Update adopted by the Boat'd on July 22, 1997 under items 12(C)(4) and 12(C)(5). In accordance with the Ninth Annual Update and Inventory Report (AUIR) on Public Facilities approved by the BCC on January 12, 1999, additional SCWRF capacity was to be achieved by re-rating. As part of the re-rating process, Hole Montes and Associates evaluated the existing treatment capacity and found that additional thcilities are required. Based on population and flow projections developed in the 199 7 Master Plan Update, the existing 8-mgd annual average day flow capacity will be exceeded by the year 2004. However, the 2000 Census accelerated population projections resulting in capacity being exceeded in year 2002. The proposed SCWRF expansion will increase the capacity to 16_ .,-,'-'~x mgd Maximum Month Average Day Flow. t AGENDA ITEM No. OCT - 9 2001 Pig. ~ Executive Summary Construct SCWRF Expansion Page 5 RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District, approve and authorize Chairman to execute Amendment 1 to the Construction Manager-at-Risk Agreement with Montgomery Watson for general contracting services, and Amendment 13 to the Professional Services Agreement with Hole Montes, Inc., for the services of the Design Professional during construction; approve and authorize the Public Utilities Administrator to execute Amendment 1 to Work Order MP-FT-01-1 with Malcolm Pimie, Inc., for Resident Project Representative services; and approve the necessary budget amendments. SUBMITTED BY: ,/~~ ~ ~ - Date: Karl W. Boyer, P.E.cl~blic Utilities Senior Project Manager REVIEWED BY: REVIEWED BY: Cheatham, Wastewater Director ~r~-~~ Date: dTom Wides, Utilities Operations Director REVIEWED BY: ,8y B. Anderson, P.E., Utilities Engineering Director APPROVED BY: Date: J~mes V. Mudd, P.E., PUblic Utilities Administrator Attachments: SCWRF Construction Manager-at-Risk Amendment 1 (Montgomery Watson) SCWWTF Expansion Amendment 13 (Hole Montes) Amendment 1 to Work Order MP-FT-01-1 (Malcolm Pimie, Inc.) Hole Montes, Inc. Letter dated September 27, 2001 OCT 0 9 2001 EXHIBIT K AM'ENDMENT NO. 1 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant to Sections 4B and 7A of the Agreement, dated May 8, 2001 between Collier County, Florida, a body politic, Collier County, Florida ("Owner") and Montgomery Watson Americas, Inc. ("Construction Manager"), for management and construction of the South County Water K~clamation Facility Expansion ("Project"), the Owner and Construction Manager establish a Guaranteed Maximum Price and Contract Time for the Work as set forth below: ARTICLE 1 GUARANTEED MAXIMUM PRICE Construction Manager's Guaranteed Maximum Price for the Work, including the estimated Cost of the Work as defined in Section 5 and the Construction Manager's Fee as defined in Section 4, is Thirty Eight Million, Nine Hundred Fifty Four Thousand, Three Hundred Ninety Five dollars ($38,954,395). This Price is for the performance of the Work in accordance with the Contract Documents listed and attaChed to this Amendment and marked Attachments 1 through 9, in the following list.as fo!!ow~. Construction Manager acknowledges and accepts that these documents constitute complete documents identified in the contract as the documents to be used for GMP development and that the GMP includes the work that could reasonably be construed by the Construction Manager to be necessary based on these documents. Attachment Description Pages Dated Number 14=.A. Drawings, Specifications, addenda and General, Supplementary and other Conditions of the Contract on which the Guaranteed Maximum Price is based 90% Submittal (Plans and Specifications) by Hole Montes Supplemental information for 90% submittal including 7/99 Record Drawings by Hole Montes/Hazen and Sawyer Undated memo - Questions from subcontractors and Responses by li 6/22/01 6/28/01 Attachment Number ID. 1E. 1F. 1G. iH. ii. IJ. 1K. Montgomery Watson Description Hole Montes Response to Montgomery Watson comments of July 17, 2001 Email from Hole Montes to Montgomery Watson Bidder Clarification on PLCs Hole Montes response to instrumentation review comments by Montgomery Watson (TLC) Hole Montes response to Montgomery Watson email regarding Bidder questions received on 7/19 and 7/24 Hole Montes response to Montgomery Watson email regarding Bidder questions received on 7/25 Email and sketch from Hole Montes to Montgomery Watson regarding disinfection equipment Facsimile from Hole Montes to Montgomery Watson regarding Revisions to 90% Documents (revised) Hole Montes response to Montgomery Watson email of August 8 - Bidder questions Construction Management Agreement as amended herein Pages 4 2 Dated 7/20/01 7/24/01 7/25/O 1 7/25/01 7/25/01 7/26/01 8/8/01 8/8/01 9/13/01 o Exhibit A, General Terms and Conditions as amended herein Exhibit B Supplemental Terms and Conditions, Paragraph C as amended herein Allowance items Assumptions and clarifications made in preparing the Guaranteed Maximum Price Completion schedule Alternate prices 9/13/01 9/13/01 9/13/01 9/13/01 9/13/01 9/13/01 A~A ITEM NO. OCT 0 9 2001 PG. ARTICLE 2 CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date to the date of Substantial Completion of the 16 mgd Functional System is Seven Hundred Sixty (760) calendar days ("Contract Time"). The time for substantial completion of the Balance of Plant Work is an additional One Hundred Fif~ (150) days from the 16 mgd Functional System substantial completion date. The time for final completion is Sixty (60) days from the Balance of Plant Work substantial completion date. IN WITNESS WltEREOF, the parties have executed this Amendment on the date(s) indicated below: DATE: CONSTRUCTION MANAGER: MONTGOMERY WATSON AMERICAS, INC. By: ATTEST: Its: President Date: Secretary . [Corporate Seal] ATTEST: DWIGHT E. BROCK, CLERK BY: Deputy Clerk Approved as to form and legal sufficiency. . Thomas C. Palmer Assistant County Attorney OWNER: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AND EX- OFFICIO AS THE GOVERNING BOARD OF THE COLLIER COUNTY WATER/ SEWER DISTRICT BY: James D. Carter, Ph.D., Chairman O(;I O 9 2001 ATTACHMENT lA- 1 90% Plans and Specifications from Hole Montes dated June 22, 200I Section Section Section Section Section Section Secdon Section Section Section Section Section Section Section 01110- Summary of Work 01145 - Work Sequence 01150 - Protection of Ex/sting Facilities 01160 - Alteration of Ex/sting Facilities 01210 - Allowances 01315 - Mechanical and Electrical Coordination 01330- Submittals 01410 - Regulatory Requirements 01420 - Reference Standards 01430 - Materials Testing 01450 - Quality Control 01470 - Color Audio-Video Preconstmction Record 01510 - Temporary Utilities 01520 - Occupancy Section 01525 Section 01540 Section 01541 Section 01550 Section 01560 Section Section Section Section .Section Section Section Section - Field Offices and Sheds - Security - Field Engqneering - Access Roads and Parking Areas - Temporary Barriers and Enclosures 01570 - Temporary Controls 01600 - Material and Equipment 01740 - Construction Cleaning 01750 - Testing and Start Up 01770 - Contract Closeout 01780 - Warranties and Bonds 01781 - Project Record Documents 01830 - Operation and Maintenance Data Section 02230 - ClearLng, Grubbing and Stripping Section 02240 - Dewatering Section 02315 - Site Earthwork Section 02316 - Structural Earthwork Section 02317 Section 02360 Section 02370 Section 02503 Section 02505 - Section 02507 - Section 02530- Section 02630 - Section 02660 - Section 02740- Section 02765 - Section 02810 - - Trenching, Bedding and Backfilling for Pipe - Termite Control - Erosion and Sediment Control - Cleaning and Flushing of Piping Systems Pressure Testing of Piping Systems Disinfection of Potable Water Piping Gravity Sanitary Sewage Systems Storm Sewers and Structures Geomembrane Lined Reservoir Asphaltic Concrete Pavement Concrete Pavement, Curb and Walkways Irrigation System (not included) Page lA-1 AG~NOA ITEM -- OCl 0 9 2001 PG. ~'~ - ATTACHMENT lA- 1 Section Section Section Section Sechon Section Section Section Sechon Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section 02820 - Chain Link Fence and Gates 02890 - Pavement Marking and Traffic Signs 02900 - Landscaping (not included) 03100 - Concrete Formwork 03210 - Reinforcing Steel 03251 - Concrete Joints 03300 - Cast-h-Place Concrete 03315 - Prestressed Tank 03370 - Concrete Curing 03600 - Grout 03720 - Vertical and Overhead Concrete Surface Repair Systems 03722 - Horizontal Concrete Surface Repair Systems 03740 - Concrete Repair Crack Injection 04230 - Reinforced Unit Masonry 05500 - Metal Fabrications and Castings 05520 - Handrails 05530 - Metal Grating 06100- 06500- 06640- 06645 - Rough Carpentry Fiberglass Reinforced Plastic Products and Fabrications Fiberglass Weirs, Troughs and Baffles Parshall Flumes 07210- 07260 - 0?530- 0?620- 07700- 07900- Building Insulation Vapor Retarders EPDM Membrane Roofing Sheet Metal Flashing Roof Specialties and Accessories Joint Sealants 08110- 08330- 08710- Steel Doors and Frames Overhead Coiling Doors Door Hardware 09200 - Lather and Plaster 09900 - Paints and Coatings 10200 10500 10520 - Louvers --Track & Hoist Equipment (not included) - Portable Fire and Safety Equipment 11231 - New Clarifier Mechanisms 11265 - Chlorine Reactor Tubes Page lA-2 i o 2oof PG.., la ATTACHMENT lA-1 Section 11292 - Slide and Weir Gates Section 11303 - Automatic Refi-igerated Samplers Section 11310 - Pumps - General Section 11311 - Mixed Liquor Recycle Pumps Section 11312 - Plant Water Pumps Section 11313 - Belt Filter Press Feed Pumps Section 11314 - Effluent Transfer Pumps Section 11315 - Jet Mixing Pumps Section 11316 - Submersible Pumps Section t 1317 - Vertical'Turbine Pumps Section 11318 - Return Activated Sludge Pumps Section 11319 - Reclaimed Water Pump Section 11320 - Commercial Bleach and Alum Feed Pumps Section 11323 - Grit Removal System Section 11332 - Screens Section 11337 - Clarifier Dc~nsity Current Baffles Section 11340 - Clarifier Modifications Section 11355 - Belt Filter Presses Section 11365- Gravity Filter Package Section 11370- Blowers, Centrifugal, Multi-Stage Section 11375 - Fine Bubble Diffused Aeration System Section 11376 - Sludge. Holding Tar~k Diffused Aeration System Section 11377 - Jet Mixing and Aeration Systems Section 11379- Submersible Mixers Section 13132 -Section 13205 Section 13210 Section 13240 Section 13252 Section 13390 Section 13400 Section 13401 Section 13411 Section 13431 Section 13442 - Prefabricated Aluminum Dome - Chemical Storage Tanks - Nutrient Analysis System - Flat Odor Control Covers - Odor Control Systems - Package Control System - Process Instrumentation and Control Systems (PICS) - Programmable Logic Controller Subsystem - Instruments and Panels Subsystem (IPS) - Fiber Optic Communication Subsystem - Computer and Network Subsystem (CNS) Section 15010 Section 15050 Section 15060 Section 15110 Section 15111 Section 15116 Section 15117 Section 15120 Section 15121 - Basic Mechardcal Requirements (not included) - HVAC and Plumbing Basic Materials (not included) - Supports and Anchors for Exposed Piping - Valves and Accessories - Air Release Valves and Air Relief Valves - Valve Actuators, Electric - Modulating Valves Actuators - Piping, General - Ductile Iron Pipe Page lA-3 NO., OCT 0 9 2001 P~. It ATTACHMENT 1 A- 1 Section 15122 - Polyv/nyl chloride (PVC) and Chlorinated polyvinyl chloride (CPVC) pipe Section 15142 - Stainless Steel Pipe Section 15215 - Modulating Air Valves Section 15295 - Mud Valves Section 15400 - Fuel Storage Tanks Section 15402 - Fuel Piping Systems GENERAL DRAWINGS 1G1 Title Sheet 1 G2 Drawing Index 1G3 Location Map and General Notes 1G4 Abbreviations and Legends CIVIL DRAWINGS 1C1 Paving, Grading & Drainage Plan - Overall Site 1 C2 1C3 1 C4 1C5 1C6 1 C7 1C8 1C9 Paving, Grading & Drainage Plan - Sheet 1 Paving, Grading & Drainage Plan - Sheet 2 Paving, Grading & Drainage Plan - Sheet 3 Paving, Grading & Drainage Plan - Sheet 4 Paving, Grading & Drainage Plan - Sheet 5 Civil Details - Modifications to Wildflower Way Civil Details - Paving Details Civil Details - Storm Sewer and Drainage MECHANICAL DRAWINGS 1M1 1M2 1M3 1M4 1M5 1M6 1M7 1M8 1M9 fMlO 1Mll Mechanical Symbols and Abbreviations Process Flow Diagram Hydraulic Profile Yard Piping - Overall Site Yard Piping - Sheet 1 Yard Piping - Sheet 2 Yard Piping - Sheet 3 Yard Piping - Sheet 4 Yard Piping - Details Yard Piping - Details Yard Piping - Modifications and New Reclaimed Water Pump 2M1 2M2 2M3 2M4 2M5 2M6 2M7 Pretreatment Facility - Modification to Existing Pretreatment Facility - Upper Plan Pretreatment Facility - Lower Plan Pretreatment Facility - Sections Pretreatment Facility - Sections Pretreatment Facility - Details Phase 2 - Equalization Tank - Plan Page IA-4 OCT 0 g 2001 ~G. /.2 _ ATTACI-IMB~ lA-1 2M8 2M9 Phase 2 - Equalization Tank - Sections Phase 2 ~ Equalization Tank - Rinse-Down System 3M1 3M2 3M3 3M4 3M5 3M6 3M7 3M8 3M9 3M10 3Mll 3M12 3M13 3M14 4M1 4M2 4,M3 4M4 4M5 4M6 4M7 Aeration Basins- Aeration Basins- Aeration Basins- Aeration Basins- Aeration Basins Aeration Basins Aeration Basins- Aeration Basihs Aeration Basins Aeration Basins Aeration Basins Aeration Basins Section Aeration Basins Aeration Basins - Demolition plan Modifications to Air Piping Upper Plan Lower Plan - Aeration Basins No. 1 - No. 6 Lower Plan - Aeration Basins No. 7 - No. 14 Upper Plan - Aeration Basins No. 1 to No. 6 Upper Plan - Aeration Basins No. 7 to No.14 Sections Sections and Details Sections Sections and Details Relocated Mixed Liquor Recycle Pumps - Plan and Mixed Liquor Recycle Pumps - Plan and Section Blower Building -Plan and Sections Clarifier Flow Splitting Structure - Site Plan Clarifier Flow Splitting Structure - Upper and Lower Plan Clarifier Flow Splitting Structure - Sections Clarifier Flow Splitting Structure - Reaeration Blowers Clarifier Flow Splitting Structure - Plan Clarifier Flow Splitting Structure - Alum Feed Pump Details Clarifier Flow Splitting Structure - Section and Details 5M1 ~M2 5M3 5M4 Secondary Clarifiers - Modifications to Existing - Plan Secondary Clarifiers - Modifications to Existing - Sections Secondary Clarifiers -Secondary Clarifiers No. 3 & No. 4 - Plan Secondary Clarifiers -Secondary Cladfiers No. 3 & No. 4 - Sections 6M1 6M2 6M3 Filtration and Disinfection - Modification to Existing Filtration and Disinfection - Upper Plan Filtration and Disinfection - Lower Plan Page lA-5 A~A IT£H 0CT 0 9 2001 P~.. ATTACHMENT lA-1 6Ma 6M5 6M6 6M7 Filtration and Disinfection - Filtration Sections and Details Filtration and Disinfection -Disinfection Sections Filtration and Disinfection - Effluent Transfer Pumps - Plan and Sections Filtration and Disinfection - Sampling/Monitoring Systems 7M1 7M2 7M3 Bleach Storage and Feed Facility - Demolition Plan Bleach Storage and Feed Facility - Plan Bleach Storage and Feed Facility - Sections and Details 8M1 8M2 9M1 9M2 9M3 9M4 9M5 9M6 On-Site Pond - Plan and Sections On-Site Pond - Sections and Details Process and Control Bldg. - Modifications to Existing - Second Floor Plan Process and Control Bldg. - Modifications to Existing - First Floor Plan Process and Control Bldg. - Sections and Details - Modifications to Polymer Feed System Sludge Holding Tank - Modifications to Existing - Lower Plan Sludge Holding Tank - Modifications to Existing - Upper Plan Sludge Holding Tank - Sludge Holding Tank No. 2 - Sections 10M1 Mechanical 10M2 Mechanical 10M3 Mechanical 10M4 Mechanical 10M5 Mechanical 10M6 Mechanical 10M7 Mechanical 10M8 Mechanical 10M9 Mechanical Details - Typical Pipe Trenches Details - Pipe Separations, Conflicts and Encasements Details - Connections Details - Valves, Valve Boxes and Hydrants Details - Sanitary Sewers Details - Pipe Supports Details - Pipe Supports Details - Pipe Penetrations, Joints and Couplings Details - Piping Specialties and EquipmeCqt Bases 10M10 Mechanical Details - Piping Specialties 10M1 1 Mechanical Details - Gates 10M12 Mechanical Details - Stop Gate and Weir Details STRUCTURAL DRAWINGS Page lA-6 NO. OCT 0 9 200t PG. /'¢' ATTA CHlvtENT 1A-I 2S1 2S2 2S3 2S4 2S5 2S6 2S7 2S8 2S9 3Sl 3S2 3S3 3S4 3S5 4S1 4S2 4S3 6S1 6S2 6S3 6S4 6S5 7Sl 7S2 9S1 9S2 9S3 Pretreatment Facility - Overall Area Plan Pretreatment Facility - Modifications To Existing Pretreatment Facility - Foundation Plan Pretreatment Facility - Intermediate Plan Pretreatment Facility - Top Plan Pretreatment Facility - Sections Pretreatment Facility - Sections Pretreatment Facility - Sections Pretreatrnent Facility - Details Aeration Basin - Modifications to Existing Plan Aeration Basin - Modifications to Existing Plan Aeration Basin - Lower Plan Aeration Basin - Upper Plan Aeration Basin - Sections Clarifier Flow Splitting Structure - Upper and Lower Plan Clarifier Flow Splitting Structure - Sections Blower Building - Plan and Section Filtration and Disinfection - Lower Plan Filtration and Disinfection - Upper Plan Filtration and Disinfection - Sections Filtration and Disinfection - Sections Filtration and Disinfection - Sections Bleach Storage and Feed Facility - Plan Bleach Storage and Feed Facility - Plan Process and Control Bldg. - Modifications to Existing Process and Control Bldg. - Modifications to Existing Process and Control Bldg. - Sections and Details 10S2 10S3 10S4 10S5 10S6 10S7 10S8 10S9 10S10 10Sll 10S12 Structural Details Structural Details Structural Details Structural Details Structural Details Structural Details Structural Details Structural Details Structural Details Structural Details Structural Details Structural Details Standard Details Standard Details Standard Details Standard Details Standard Details Standard Details Standard Details Standard Details Standard Details Standard Details Standard Details Standard Details Page lA-7 to-"O OC-T-O 9 2001 ATTACHI~ENT 1A-1 10S13 10S14 Structural Details - Standard Details Structural Details - Standard Details ARCHITECTURAL DRAWINGS 4A1 4A2 4A3 Blower Building - Plans and Elevations Blower Building - Schedules Blower Building - Details 6A1 6A2 Filtration and Disinfection - Plans Filtration and Disinfection - Elevations ELECTRICAL DRAWINGS 1G1 SE1 SE2 SE3 SE4 SE5 SE6 1E1 1E2 1E3 1E4 1E5 1E6 1E7 1E8 1E9 1~t0 1Ell 1E12 1E13 1E14 1E15 1E16 1E17 1E18 1E19 1 E20 1E21 1 E22 Electrical Legend Overall Electrical Site Plan Partial Electrical Site Plan Partial Electrical Site Plan Partial Electrical Site Plan Partial Electrical Site Plan Partial Electrical Site Plan Existing Plant One Line Diagram Modified Plant One Line Diagram MCC-1 Single Line Diagram MCC-2 Single Line Diagram MCC-3 Single Line Diagram MCC-4 Single Line Diagram MCC-5 Single Line Diagram MCC-6 Single Line Diagram MCC-7 Single Line Diagram MCC-8 Single Line Diagram MCC-9 Single Line Diagram MCC-10 Single Line Diagram MCC-11/12 Single Line Diagram MCC-12 Single Line Diagram MCC-14 Single Line diagram Panel Schedules Panel Schedules Panel Schedules Control Diagrams Control Diagrams Control Diagrams Luminaire and Circuit Schedule REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 2E1 2E2 2E3 Pretreatment Area - Equalization Tank Pretreatment Facility - Lower Plan Pretreatment Facility - Upper Plan REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 3E1 3E2 Aeration Basins Upper Process and Facility Plan - Aeration Basins No. 1 - No. 7 REVISED 7/6/01 Aeration Basins Upper Process and Facility Ptan - Aeration Basins No. 7 - No. 14 REVISED 7/6/01 Page lA-8 OCT 0 9 2001 .G._ ATTACt-IMENT lA- 1 3E3 3E4 3E5 4E1 4E2 4E3 Aeration Basins -Wiring Details Existing Electrical Service Building - Plan Reclaimed Water Storage Tank - Plan Reaeration Blowers - Electrical Plan REVISED 7/6/01 Alum Storage and Feed Facility - Plan REVISED 7/6/01 Alum Storage, Blower Building and Splitter Box - Plan 5E1 6E1 6E2 7E1 7E2 7E3 8E1 9E1 9E2 Secondary Clarifiers - Modifications Process Plan Filtration Plan - Upper Process and Facility Plan REVISED 7/6/01 Effluent Transfer and Electrical Rooms - Process and Facility Plan REVISED 7/6/01 Plant Drain Pump and Effluent Transfer Pump Modifications MCC-3 And MCC-4 Electrical Room - Plan REVISED 7/6/01 Bleach Storage and Feed Facility - Process Plan Plant Drain Pump Station No. 3 - Process Plan Process and Control Building - Process Modifications Process and Control Building - Process Modifications REVISED 7/6/01 REVISED 7/6/01 10E1 Standard Details 1~)E2 Standard Details 10E3 Standard Details 10E4 Standard Details REVISED 7/6/01 HVAC DRAWINGS G-1 G-2 1H1 2H1 4H1 6.H1 Legend Legend Equipment Schedules Pretreatment Facility - Lower Plan Splitter Box Blower Building Effluent Transfer Electrical Room REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 REVISED 7/6/01 INSTRUMENTATION DRAWINGS 1 I1 Instrumentation and Control- Symbols and Legend 112 Instrumentation and Control - Symbols and Legend 211 Instrumentation and Control - Pretreatment Building - Process 212 Instrumentation and Control - Pretreatment Building - Signal Interface 213 Instrumentation and Control- Grit Removal - Process Page lA-9 N0. ~/.'. ,.. 0CT 0 9 200! 214 Instrumentation and Control - Grit Removal - Signal Interface 311 312 313 314 315 316 317 318 319 3110 3111 3112 3113 31~4 3115 3116 3117 Instrumentation and Control - Circular Equalization Basins - P & ID Instrumentation and Control - Circular Equalization Basins - Signal Interface Instrumentation and Control - Aeration Basins - Process Instrumentation and Control - Aeration Basins - Process Instrumentation and Control - Aeration Basins - Signal Interface Instrumentation and Control - Aeration Basin - Spray Water System Instrumentation and Control - Aeration Basins - Online Analyzer P & ID Instrumentation and Control - Aeration Blowers 1, 2, 3, and 4 - Process Instrumentation and Control - Aeration Blowers 5, 6, 7 and 8 - Process Instrumentation and Control - Aeration Blowers 5, 6, 7 and 8 - Signal Interface Instrumentation and Control - Odor Control for Circular Equalization Basins Instrumentation and Control - Odor Control for Circular Equalization Basins Instrumentation and Control - Odor Control System - Aeration Basins I thru 7 Instrumentation and Control - Odor Control System - Aeration Basins 1 thru 7 Instrumentation and Control - Odor Control System - Aeration Basins 8 thru 14 Instrumentation and Control - Odor Control System - Aeration Basins 8 thru 14 Instrumentation and Control - Odor Control System - Pretreatment Building 411 5ll 512 513 611 Instrumentation and Control - Flow Splitter Instrumentation and Control - Alum System Instrumentation and Control - Secondary Clarifiers 1 and 2 Instrumentation and Control - Secondary Clarifiers 3 and 4 Instrumentation and Control - Scum Pumping For Secondary Clarifiers 3 and 4 Instrumentation and Control -Effluent Filters and Chlorine Contact Tanks - Process Page lA-10 AC~OA IT£# 0C'1' 0 9 2001 Po. ,. 613 614 615 616 Instrumentation and Control -Effluent Filters and Chlorine Contact Tanks - Signal Interface Instrumentation and Control - Effluent Transfer Pumps Existing Wetwetl 1 Instrumentation and Control - Effluent Transfer Pumps Wetwell 2 Instrumentation Process Instrumentation Signal Interface Instrumentation and Control - Reclaimed Water Pumps and storage Tank - and Control - Reclaimed Water Pumps and Storage Tank - ana Control - Reclaimed Water Distribution and Injection Well 711 712 Instrumentation and Control - Sodium Hypochlorite System Instrumentation and Control - Sodium Hypochlorite System - Metering Pumps 811 Instrumentation and Control - Plant Drain Pump Station 911 912 9~3 914 915 916 917 918 101J 1012 1013 1014 1015 1016 1111 1112 Instrumentation and Control - Sludge Holding Tanks Instrumentation and Control - Belt Press Feed Pumps Instrumentation and Control - Sludge Dewatering Building - Process Instrumentation and Control - Belt Press No. 4 - Signal Interface Instrumentation and Control - Odor Control System For Sludge Holding Tank 1 Instrumentation and Control - Odor Control System For Sludge Holding Tank 1 Instrumentation and Control - Odor Control System For Sludge Holding Tank 2 Instrumentation and Control - Odor Control System For Sludge Holding Tank 2 Instrumentation Instrumentation Instrumentation Instrumentation Instrumentation Instrumentation and Control - Standard Details and Control - Standard Details and Control - Standard Details and Control - Panel Wiring Details and Control - Panel Wiring Details and Control - Panel Wiring Details Instrumentaion and Control - Block Diagram Instrumentaion and Control- Block Diagram REVISED 7/6/01 REVISED 7/6/01 Page lA-11 A~NOA IT£~ 0CT 0 9 2001 ATTACHMENT lB-1 Supplemental Information on the 90% Submittal -- Record Drawing 7/99 Hole- Montes/Hazen and Sawyer received 6/28/01 Drawing List includes: 3A4, 3A5, 3S8, 3S9, 3S10, 7S1, 7S2, 7S3, 7S4, 8Al, 8A2, 8A3, 8A4, 8M1, 8M2, 8S1, 8S2, 8S3, 8P1, 1V3 and 8V1 Page lB-1 AG,~ NOA IT£# OCT 0 9 2001 PG. ~ ~ A~ACI-t2vlENW2 A. CONSTRUCTION MANAGEMENT AGREE 5 [ g XT Amendment 1. Add the following paragraph at the end of Section 4, Paragraph B on Px.re Three of the Construction Management Agreement. "During the term of the Contract, the Construction Manager is encouraged to identify ways to reduce the total project cost. The Owner and the Consrru:::on Manager may negotiate Contract Changes that support and allow such reductions :n :oral costs including the sharing'of savings resulting from the implementation o£ c cst-reducing or value engineering initiatives identified or initiated by the Consrpx.::ion Manager. These savings and other project cost savings shall be shared as defined If the sum of the actual Cost of the Work and the Construction Managers Direct Costs and Fee is less than the GMP, as such GMP may have been adjus:ed over the course of the Project, the difference less unspent portions of contractual allowances shall be shared as follows: Fifty percent (50%) to Owner and 50 percent (50%) to Construction Manager" Savings resulting from the implementation of cost-reducing or value engineering initiatives identified or initiated by Construction Manager's subcontractor (s) shall be shared w/th the Construction Manager's subcontractor (s). The shearing methodology shall be at the discretion of the Construction Manager. 2. Add the following paragraph at the end of Section 4, Paragraph B on Page Three of the Construct/on Management Agreement. "The Cost of the Work includes a Contingency in the amount of six percent (6%) of the Cost of Work. The Contingency is available for Construction Manager's exclusive use for costs that are incurred in performing the Work other than work that is a basis for a Change Order under the Contract Documents. By way of example, and not as a limitation, such costs include work for which details were not available at the t/me of bidding but reasonably construed by Conslruction Manager as necessaq.; to the Work." 3. Add the following sentence to the end of Sect/on 5, Paragraph I on Page Nine of the Construction Management Agreement. "13. Builder's risk insurance." Page 2-1 0CT 0 § 2001 ATTACHMENT -1-3 ExIqrIBIT A GENERAL TERMS AND CONDITIONS Amendment 1. Revise Paragraph 4.7 of Exhibit A General Terms and Conditions as provided herein. 4.7. If requested, g_each Application for Payment subsequent to the first pay application shall be accompanied by a Release and Affidavit, in the form attached as Exhibit E, showing that all materials, labor, equipment and other bills.~vv...~*o'~ "'~**'...... **'~*~-. "~'"~t,v...v..'--' v~'c +~.v o Work p a~ .mnent is b~4 .........,,,,~ ,,,,r~,,- the pre~ious month's invoiced work have been paid in full. For all payments subsequent to the first payment~ excluding final payment, Owner shall not be required to make payment until and unless these affidavits are furnished by Construction Manager. 2. Revise Paragraph 23.4 of Exhibit A General Terms and Conditions as provided herein. 23.4. Owner shall charge to Construction Manager and may deduct from any payments due Construction Manager all engineering and inspection expenses incurred by O~vner in connection with any overtime work. Such overtime work consisting of any work during the oens~.'.ctien po~ed beyond ~*' ..... ~" '~ ~'*'* r~ ,, .... ~ay contract allotted time for 16 mgd Functional System _b_ e_yond a fifty (50) hour work week, any work subsequent to the 16 mgd Functional System contract allotted time beyond a forty (40) hour work week, and for any work performed on Saturday, Sunday or holidays. Page 3-1 2001 ATTACHMENT 4 EXHIRIT B SUPPLEMENTAL TERMS AND CONDITIONS Amendment 1. Replace Paragraph C ofEx_hibit B Supplemental Terms and Conditions with the revised paragraph below. Owner and Construction Manager recognize that, since time is of the essence for this Agreement, Owner will suffer financial loss if the Work associated with the Construction Phase is not substantially completed withii~ the time specified above, as said time may be adjusted as provided for herein. Further, the parties recognize that the Work will have two substantial completion milestones, one to achieve 16 mgd Functional System capacity, generally described as construction of: two new mechanical screens, · two new grit removal systems, · four new aeration basin passes, · two new blowers, · one new clarifier, · two new effluent filters, and · one new chlorine contact tank, and a second substantial completion milestone for the Balance of the Plant construction. The total amount of the Owner's damages, in whole or in part, will be difficult, if not impossible, to definitely ascertain and quantify, because this is a public construction project that will, when completed, benefit the public in Collier County, Florida. It is hereby agreed that it is appropriate and fair that the Owner receive liquidated damages from the Construction Manager, that are cumulative and additive, if the Project does not actually achieve the Substantial Completion milestones_by the respective Substantial Completion date_s identified and as may be modified for the Project. Should Construction Manager fail to substantially complete that portion of the Work xvithin the time period noted above, Owner shall be entitled to assess, as liquidated damages, but not as a penalty, $ the following amounts for each calendar day thereafter until the respective Substantial Completion is achieved. 16 mgd Functional Peffo,.-vnance System Substantial Completion - $2,5050 Balance of Plant Substantial Completion - $2,5050 The Project shall be deemed to be substantially completed on the date Design Professional issues a Substantial Completion Certificate pursuant to the terms hereof. Construction Manager hereby expressly waives and relinquishes any right which it may have to seek to characterize the above noted liquidated damages as a penalty, which the parties agree represents a fair and reasonable estimate of Owner's actual damages at the time of contracting if Construction Manager fails to substantially complete the Work in a timely manner. If Final Completion is attained on or before thirty (30) days prior to en er befere the Scheduled Final Completion Date (the "Bonus Date"), Owner shall pay Construction Manager at the time of Final Payment an early completion bonus of $2,50_50 for each calendar day that Final Completion Page 4-1 AGE NOA IT£N No. ~ OCT 0 § 2001 ATTACHMENT 4 is attained earlier than the Bonus Date. The maximum early completion bonus period shall be 120 days with a resultant maximum early completion bonus of $300,600. Delete the following Paragraph C.8.2.1 of Exhibit B Supplemental Terms and Conditions on Page 62._' I Services of independent testing laboratories and provide the necessary testing of materials to ensure conformance with the contract documents. Page 4-2 ATTAINT 5 Allowances Included w/thin the GMP are allowances for various elements of the Work that are currently not well defined or shown. Allowances are considered budgetary only and may not fully represent the actual cost of work. If the cost of work (plus Construction Manager's Direct Costs and Fee) exceeds the allowance amount, the Owner will provide additional allowance funds to complete the work or accept the work in its current state of completion. Upon approval by the Owner, Allowances may be used by the Construction Manager to pay costs and expenses associated with the items indicated below. Allowances : Number Description Allowance Amount 1 Computer Equ/pment $75,000 2 Computer Furn/ture $15,000 3 Landscaping $75,000 4 FP&L Primary Power $50,000 5 Relocate Entrance Road $168,500 6 [ Computer Room Renovation $25,000 7 ! Unrecorded Underground Utilities or Improvements $375,000 8 i Owner Initiated Changes $750,000 ~'9 I Water Bearing Tank Coatings $1,080,000 Allowances Page 5-1 0 9 ZOO! ATTACHMENT 6 Assumptions and Clarifications Several assumptions and clarifications are appropriate regarding the GMP. 1. This GMP proposal is valid for 60 days from August 31,2001. 2. Water to be used for hydraulic testing shall be furnished by the owner at no cost to the Construction Manager, subject to availability at the project site. 3. Building permit fees are not included in this GMP. 4. Subgrade for aeration basin construction is based on excavating to near the lime rock elevation and prov/ding 3-4 feet of No. 57 rock. 5. All items leased or procut-ed by Construction Manager from its Direct Costs shall remain the property of the Construction Manager. 6. Substantial completion shall be granted based on acceptable completion of O&M Manuals, Redline Record Drawings, and System Functional Testing, and otherwise in accordance with Paragraph 21, Completion, of the General Terms and Conditions of the Contract. 7. Contingency is included in the cost of work. 8. Mater/als and soils testing services shall be provided by the Owner. 9. Builder's P,./sk Insurance will be provided by the Owner. Construction Manager has not included Builder's Risk Insurance in the GMP. Assumptions and Clarifications Page 6-1 AGENOA IT£H OCT 0 9 2001 ATTACHMENT 8 ALTERNATE PRICES The following equipment, currently included in the Cost of Work, may be deducted from the Work for the deduct amount shown for up to 90 days from October 1, 2001. These deduct mounts include, for each item, equipment price, installation, Construction Manager's Direct Costs and Fee and a six percent (6%) contingency. Item Deduct Amount Fine Bubble Diffusers at Aeration Basins 13 and 14 $111,360 Submersible Mixers at Aeration Basins 13 and 14 $124,793 Two Blowers at Aeration Bto~ver Build/ng $121,313 One Standby Generator and Fuel System One Degritting Unit and Grit Conveyor Belt Filter Press No. 4 $210,227 $281,757 $372,395 Page 8-1 OCT 0 9 200! ATTACHIVIENT 9 UNIT PRICES The following unit prices shall apply to this work during the allotted Contract Time. prices do not include Construction Manager's Direct Costs and Fee or contingency. Item Amount Site Cleanup (including general site cleanup, repair and $985/week maintenance of barricade and other miscellaneous safety equipment, site maintenance and protection due to weather and use, and overall maintenance of the job site and construction ingress and egres~ areas). The unit Page 9-1 2.001 SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT EXPANSION AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 13 to the Agreement dated March 15, 1994 (hereinafter "AGREEMENT") is made and entered into this ~ day of , 2001, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hole Montes, Inc., a Florida corporation, authorized to do business in the State of Florida whose business address is 950 Encore Way, Naples, Florida 34110 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the South County Regional Wastewater Treatment Plant Expansion (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herei[~, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. AMENDMENT NO. 13 pagel of 2 Revised 9~3/~,01 (4:25 PM),.,~O ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in said agreement with modifications as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering services for the South County Regional Wastewater Treatment Plant Expansion the day and year first written above. ATTEST: 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. By: Clerk By: JAI~S D. CARTER, Ph.D., Cha:i_rman App~:oved as to form and legal sufficiency: Assistant County Attorney Witness Witness AMENDMENT NO. 13 HOLE MONTES, INC. By' ~ Ro~al(~ E. Benson, Jr., Ph.D., P.E. Senior Vice President' (CORPORATE SEAL) page2of 2 SUPPLEMENT NO. 13 TO SCHEDULE A SCOPE OF SERVICES HMA FILE NO. 2000055 This serves as a supplement Md clarification of Schedule A, Scope of Services as provided in the Professional Services Agreement dated March 15, 1994. This project amendment consists of work that is necessary to provide services during construction of the expansion from 8 MGD to 16 MGD of the South County Water Reclamation Facility. The scope of services is described as follows: Phase IV EXPANSION TO 16 MGD A.6 Contract Administration A.6.1. Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to attendance at pre- construction conference and monthly coordination meeting with OWNER and contractor. A.6.2. Any deviations from the Contract Documents which may come to the CONSULTANT's attention will be reported to OWNER. Make recommendations to OWNER to reject items not meeting the requirements of the Contract Documents. A.6.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in CONSULTANT's judgment, such action is necessary. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. A.6.4. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonab!y necessary provide OWNER with a recommendation concerning same. Prepare work change order;' as directed by OWNER. A.6.5. Submit to OWNER, in a format acceptable to OWNER, weekly progress and status reports, including but not limited to manpower, amount of work performed and by whom, equipment, problems encountered, method to correct problems, errors, orrfissions, deviations from Contract Documents, and weather conditions. The OWNER's Inspector will provide information upon which CONSULTANT w/Il rely in preparing progress and status re~*~,o, ~,e,, ..... I l ~,- ~. , SCHEDULE A page 1 of 5 Revised: 09/26/01 (4:21 PM) A.6.6. Review shop drawings, diagrams, illustrations, cataic~7 data, schedules and samples, the results of laboratory tests and inspections, and other ~.~::: ',.'t~Sch contractors are required to submit for conformance with the design concept of the ?:' :_ ' :.nd compliance with the provisions of the Contract Documents. A.6.7. Monitor all required Project records, including but ::c.: limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as reports provided by OWNER's Inspector based on observations at the site and evaluations of the data reflected in contractor'.s application for payment, CONSUI_¥.<N'T shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OX~.~E~, based on information provided by OWNER's Inspector that: (a) (b) (c) the work has progressed to the point indicated; the work is in substantial accordance with the Contract Documents; and the contractor(s) is (are) entitled to payment in the recc)rpm~ended amount. A.6.8. Receive and review all items to be delivered by the contractor(s) pursuant to the Contract Documents, including but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT shall transmit all such deliverables to OWNER with CONSULTANT's written comments and recommendations concerning their completeness under the Contract Documents. A.6.9. Negotiate with the contractor(s), the scope and cost or- any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, material specifications, and proposed material and labor costs. Prepare, recommend and submit for Owner's approval such change orders. A.6.10. Upon receiving notice from the contractor advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and. in conjunction with OWNER' s Inspector, conduct a comprehensive inspection of the Project, develop a list of items needing completion or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done and the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes for which it was intended, and where minor items need not be fully complete.d, but all items that affect the operational integrity and function of the Project are capable of continuous use. A.6.11. Perform final inspection in conjunction with OWNER, and assist OWNER. in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, contractor's final affidavit, close-out change orders, and final payment application. SCHEDULE A page 2 of 5 Revised: 09/26/01 (4:21 PM) A.6.12. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one CD containing the drawings in electronic format of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CONSULTANT's personnel. A.6.13. Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, includ/ng reasons for the variations. A.7 Detailed Observation CONSULTANT will provide periodic services by design engineers to verify installation of treatment process, electrical, and instrumentation work during various times during the anticipated 31 month construction period. OWNER will provide a full-time on-site Inspector and various specialty inspection services. Additional Services Citizen Advisory Committee CONSULTANT will retain a communications subconsultant to assist with public communications throughout an approximately three year period of preconstruction and construction activities. The communications subconsultant will be responsible for the development and execution of an on-going citizens' information program during the construction of Collier County's South County Water Reclamation Facility Expansion. Typical services which the communications subconsultant will perform include: 1. Develop a written communications plan and messages to be utilized during the communications campaign. 2. Serve as a communications vehicle between Collier County Public Utilities and the concerned/affected residents, when appropriate. 3. Assist in community consensus building through various communications vehicles. 4. Provide ongoing assistance with media relations so that the public is informed about the project. 5. Plan, develop and execute special events related to the facility's construction and completion. 6. Work as a communications morfitor and advisor to Collier County's Project Manager/team, providing strategic recommendations to assist in the project's success. 7. Attend team/project manager's meetings as requested or appropriate. 8. Provide updates/reports as requested or necessary. SCHEDULE A page 3 of 5 Revised: 09/26/01 (4:21 PM) 0 & M Manual CONSULT,~xlT will prepare an O&M Manual for operation of the expanded 16 MGD project. The O&M Manual will cover the entire expanded facility and will include an update of information from the various chapters contained in the existing manual along with new information to cover new equipment and facilities. Start-up and Training CONSULTANT will provide assistance dur/ng startup and will coordinate training sessions for operational staff. Responsibilities of OWNER's Inspector The following identifies some of the duties to be performed by the OWNER's Inspector as they relate to work to be performed by the CONSULTANT. Attend pre-construction and construction meetings. Provide CONSULTANT w/th suggested agenda items. Prepare the draft minutes of these meetings and provide CONSULTANT. Provide full-time observation of construction. Prepare field notes and submit a weekly summary to the CONSULTANT in a timely fashion. Take photographs ~f construction activities to document field conditions and maintain a log of photographs. Confirm quantifies of stored materials and percentage complete as they appear on each draft Pay Request. Meet with the CONSULTANT to review the CM's estimated completion of individual quantities on the draft Pay Request. Following review by the CONSULTANT, CONSULTANT will sign off on draft Pay Request following revisions by the OWNER's Inspector if deemed necessary. CONSULTANT will process final Pay Request each period. In the event that there is a claim as to changed conditions by the CM, immediately notify the CONSULTANT. Maintain a log of any modifications made during construction that are done to accommodate changed conditions. Promptly notify the CONSULTANT of any concerns regarding defects or deficiencies noted in the work being performed by the CM. This notice will be provided by completing a suitable form and providing it to the CONSULTANT. The Inspector will review each request for a change order and contact the CONSULTANT to discuss each issue outlined in the cl3ange order request. The Inspector will prepare a brief summary of the conditions as he is aware of them that may necessitate such a change and submit it to the CONSULTANT. The CONSULTANT will work with the Inspector to prepare a recommendation. The Inspector will review the analysis of cost for each proposed change order in cooperation and assistance to the CONSULTANT. The CONSULTANT will prepare a response to each change order request and ask the inspector to review it and initial it if he is in agreement with the CONSULTANT's recommendation. OCT 0 9 2001 SCHEDULE A page 4 of 5 Revised: 09/26/01 (4:21 PM) The Inspector will prepare a draft punch list of items that he is aware relative to project completion. The Inspector will submit this list to the CONSULTANT and will conduct a field review of this draft punch list with the CONSULTANT. The CONSULTANT wiI1 incorporate the items from the draft punch list along w/th items identified by the CONSULTANT into a punch list for distribution to the CM. The Inspector will initial this punch list following his review prior to distribution to the CM. The Inspector will assist the CONSULT.~2XlT in preparation of construction close out documents. SCHEDULE A page 5 of 5 Revised: 09/26/01 (4:21 PM) SCHEDULE B - ATTACHMENT A Amendment No. 13 SCHEDULE OF FEES FOR BASIC SERVICES PHASE II-A WWTP Disinfection System A.2 Design Report A.3 Preliminary Design A.4 Final Design A.5 Bidding Services A.6 Contract Administration PHASE II-A Royal Palm Irrigation Pump System A.2 Design Report A.3 Preliminary Design A.4 Final Design A.5 Bidding Services A.6 Contract Administration PHASE II-A WWTP Design A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services A.5.1 Reclaimed Water PS/Elec Bldg - Equipment A.5.2 Reclaimed Water PS/Elec Bldg - Construction A.5.3 Phase I Improvements Contract Administration A.6.1 Reclaimed Water PS/Elec Bldg - Equipment A.6.2 Reclaimed Water PS/Elec Bldg - Construction A.6.3 Phase I Improvements SCHEDULE B - ATTACHMENT A page 1 of 2 Current Budget $2,800 $10,300 $3,900 $1,600 $9,700 $500 $5,6OO $1,600 By Owner By Owner $290,000 $750,000 $150,000 $10,000 $15,000 $30,O0O $20,000 $120,000 $355,000 Amendment No. 13 $2,800 $10,300 $3,900 $1,600 $9,700 $500 $5,600 $1,600 By Owner By Owner $290,000 $750,000 $150,000 $10,000 $15,000 $30,000 $20,000 $120,000 $355,0O0 Revised I I~ ' '7 PHASE II-C RECLAIMED WATER SYSTEM UPGRADES TO SERVE LAKEWOOD A.2 Design Report $9,000 $9,000 A.3 Preliminary Design $52,000 $52,000 A.4 Final Design $29,000 $29,000 A.5 Bidding Services $6,000 $6,000 A.6 Contract Administration $44,000 $44,000 PHASE II-D EFFLUENT STORAGE EXPANSION A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services Contract Administration To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined PHASE III EXPANSION TO 12 MGD A.3 A.4 A.6 Preliminary Design Final Design Contract Administration $600,000 $2OO,0O0 To Be Determined $600,000 $200,000 To Be Determined PHASE IV EXPANSION TO 16 MGD A.3 A.4 A.6 Preliminary Design Final Design Contract Administration $300,000 $300,000 To Be Determined $300,000 $300,000 $1,250,000 PHASE V FLOW EQUALIZATION A.3 Preliminary Design A.4 Final Design $120,000 $80,000 $120,000 $80,000 SCHEDULE B - ATTACHMENT A page 2 of 2 Revised 9/13/2001 (4:26 PM) SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE S( I~tEDULE Principal Engineer VI .......................................................................................... $135.00 Environmental Engineer V ................................................................................... $125.00 Environmental Engineer IV .................................................................................. $105.00 Environmental Engineer III .................................................................................. $ 90.00 Environmental Engineer II .................................................................................... $ 75.00 Environmental Engineer I ..................................................................................... $ 60.00 Environmental Operations Specialist .................................................................... $ 70.00 Engineer Tech V ................................................................................................... $ 70.00 Engineer Tech IV .................................................................................................. $ 65.00 Engineer Tech III .................................................................................................. $ 60.00 Engineer Tech II ................................................................................................... $ 55.00 Engineer Tech I ..................................................................................................... $ 45.00 Contract Administrator (P.E.) ............................................................................... $ 85.00 Contract Administrator ......................................................................................... $ 70.00 Construction Field Representative IV ................................................................... $ 65.00 Construction Field Representative III ................................................................... $ 55.00 Construction Field Representative II .................................................................... $ 45.00 Construction Field Representative I ...................................................................... $ 35.00 Senior Planner ....................................................................................................... $105.00 Planner .................................................................................................................. $ 70.00 Surveyor V ............................................................................................................ $100.00 per Surveyor IV ........................................................................................................... $ 85.00 per Surveyor III ........................................................................................................... $ 65.00 per Survey Tech IV ..................................................................................................... $ 55.00 per Survey Tech III ..................................................................................................... $ 50.00 per Survey Tech II ....................................................................................................... $ 45.00 per Survey Tech I ............................................. i .......................................................... $ 40.00 per 2 Man Survey Crew .............................................................................................. $ 85.00 3 Man Survey Crew .............................................................................................. $100.00 GPS Operator ........................................................................................................ $ 65.00 Technician IV ........................................................................................................ $ 45.00 Technician III ........................................................................................................ $ 40.00 Technician II ......................................................................................................... $ 35.00 Technician I .......................................................................................................... $ 30.00 per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour per hour hour hour hour hour hour hour hour per hour per hour per hour per hour per hour per hour per hour This Fee Schedule is effective for one year from date of the LETTER AGREEMENT. SCHEDULE B - ATTACHMENT B page 1 of 1 Revised 9/13/2001 (4:35 PM) SCHEDULE B - ATTACHMENT C Amendment No. 13 CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) Phase I A. 1 Preliminary Services A.I.1 A. 1.2 A. 1.3 A. 1.4 A. 1.5 A. 1.6 Preliminary Engineering Report Review of Odor Control Review of Effi. Disinfection Capacity Analysis Report Conditional Use Applic. Odor Control Committee Current Amendment Budget No. 13 $172,000 $172,000 Incl. Above Incl. Above Incl. Above Incl. Above $25,000 $25,000 $33,000 $33,000 $35,000 $35,000 Phase II-A W~vVTP Disinfection System A.7 Detailed Observation $3,700 $3,700 Phase II-A Royal Palm Irrigation Pump Station A.7 A.8 A.9 A.10 A.11 A. 12 A.13 Detailed Observation Investigation/Evaluation Design/Permitting - Pump Station Design/Permitting - Building Bidding Services Cont. Admin/Detailed Observation - Pump Station Cont. Admin/Detailed Observation - Building By Owner By Owner $6,500 $6,500 $22,000 $22,000 $25,000 $25,000 $4,000 $4,000 $18,000 $18,000 $16,000 $16,000 Phase II-A WWTP Design A.7 Detailed Observation A.7.1 Reclaimed Water PS/Elec. Bldg. - Construction A.7.2 Phase I Improvements Phase II-B Deep Injection Well $90,000 $90,000 $265,000 $265,000 A.8 Data Review and System A.9 Design and Construction Permit Applications A.9a Add 2nd Deep Well Design & Permitting A. 10 Well Construction Observation and Testing A. 11 Report A. 12 Operating Permit Application SCHEDULE B - ATTACHMENT C page 1 of 3 $43,000 $9O,O00 $25,000 $370,000 $36,OO0 $18,000 $43,000 $90,OOO $25,000 $37O,O00 $36,000 _s;hs.ooo ~ ~o....--~,-~ Revised 9/26/2001 (4:27 PM) Phase II-C Reclaimed Water System Upgrades to Serve Lakewood A. 13 Detailed Observation $10,900 $10,900 A. 14 Surveying/Easements $23,100 $23,100 A.15 Permitting $6,000 $6,000 A.16 Startup Assistance $5,000 $5,000 Phase II-D Effluent Storage Expansion A.17 A. 18 A. 19 A.20 Detailed Observation Surveying/Easements Permitting Startup Assistance To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined Phase II Additional Services Surveying Permitting/Approvals Reuse Master Plan Reimbursable Expenses Geotechnical Site Investigation Progress Photos Startup Assistance O&M Manual Operational Support Services Warranty Inspection .FDEP Operation Permit FDEP SRF Management Structural Analysis of Reuse Tank $30,000 $30,000 $40,000 $40,000 $100,000 $100,000 $10,000 $10,000 $2,000 $2,000 $10,000 $10,000 $40,000 $40,000 $50,000 $50,000 $55,000 $55,000 $18,000 $18,000 $10,000 $10,000 $103,696 $103,696 $60,000 $60,000 Phase III Expansion to 12 MGD A.7 Detailed Observation To Be Determined To Be Determined Phase III Additional Services Citizen Advisory Committee Surveying Permitting/Approvals Reimbursable Expenses Geotechnical Site Investigation Support Services Coordination with C/M SCHEDULE B - ATTACHMENT C page 2 of 3 $15,000 $140,000 $15,000 $15,000 $25,000 $25,000 $15,000 $15,000 $20,000 $20,000 $45,000 $45,000 $60,000 $60,000 PG ~-11 Revised 9/26/2001 (4:27 PM) Phase IV Expansion to 16 MGD A.7 Detailed Observation Phase IV Additional Services Surveying Permitting/Approvals Geotechnical Site Investigation O&M Manual Starmp and Training Phase V Flow Equalization A.6 Contract Administration A.7 Detailed Observation Phase V Additional Services Surveying Permitting/Approvals Geotechnical Site Investigation O&M Manual Startup and Training Operational Support Reimbursable Costs Other Assistance To Be Determined $10,000 $20,000 $10,000 $0 $0 $60,000 $40,000 $3,000 $4,000 $5,000 $8,5O0 $5,000 $7,500 $10,000 $25,000 $185,000 $10,000 $45,000 $10,000 $100,000 $95,000 $60,000 $40,000 $3,000 $10,000 $5,000 $8,500 $5,OOO $7,500 $10,000 $25,000 SCHEDULE B - ATTACHMENT C page 3 of 3 oCi Revised 9/26/2001 (4:27 PM) SCHEDULE C Amendment No. 13 PROJECT SCHEDULE PHASE I Preliminary Engineering Report Complete Conditional Use Application Complete Capacity Analysis Report Review Meeting Draft Report Final Report Complete Complete On-hold Odor Advisory Panel Complete PHASE II WWTP Disinfection System Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Permitting/Approvals Complete Complete Complete Complete Complete Complete Complete Royal Palm Irrigation Pump System Design Report Preliminary Design Final Design Permitting/Approvals Complete Complete Complete Complete WWTP Design Report Review Meeting - Immediate Actions Review Meeting - Phased Expansion Preliminary Draft Report and Draft Permit Application Final Report and Final Permit Application Complete Complete Complete Complete SCHEDULE C page 1 of 4 A~NOA ITE~ OCT Q 9 2001 Revised 9/13/2001 4:37 PM PHASE II Reuse Master Plan Preliminary Draft Report Final Report Deep Injection Well Data Review & Design Analysis Design & Construction Permit Appl. Well Construction Testing Reports Operating Permit Appl. Reclaimed Water System Upgrades Design Report Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation Surveying/Easements Permitting Startup Assistance Effluent Storage Expansion Design Report - Preliminary Design Final Design Bid Services Construction Contract Admin. Detailed Observation S urveying/Easements Permitting Startup Assistance WWTP Design Preliminary Design Reclaimed Water PS/Elec. Bldg. Phase I Improvements Final Design Reclaimed Water PS/Elec. Bldg. Phase I Improvements Surveying Geotechnical Site Investigation SCHEDULE C On-hold On-hold Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete Complete To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined Complete Complete Complete Complete Complete Complete page 2 of 4 Revised 9/13/2001 4:37 PM PHASE II W'vVTP Construction Phase Services Bid Services Reclaimed Water PS/Elec Bldg Phase I Improvements Construction Contract Administration Reclaimed Water PS/Elec Bldg Phase I Improvements Detailed Observation Reclaimed Water PS/Elec Bldg Phase I Improvements Startup Assistance Reclaimed Water PS/Elec Bldg Phase I Improvements PHASE III WWTP Design Preliminary Design Final Design Surveying Geotechnical Site Investigation Citizen Advisory Committee Permitting/Approvals Support Services Coordination with C/M WWTP Construction Phase Services Construction Contract Administration Detailed Observation PHASE IV WWTP Design Preliminary Design Final Design Surveying Geotechnical Site Investigation Permitting/Approvals Complete Complete Complete Complete Complete Complete Complete Complete Complete 60 days after approved Preliminary Design Ongoing during Phase III duration Ongoing during Phase III duration Ongoing during Phase III duration Ongoing during Phase III duration Ongoing during Phase III duration Ongoing during Phase III duration To be determined To be determined Complete 60 days after approved Preliminary Design Ongoing during Phase IV duration Ongoing during Phase IV duration Ongoing durirtg Phase IV duration WWTP Construction Phase Services Construction Contract Administration Detailed Observation SCHEDULE C 915 days after Notice to Proceed 915 days after Notice to Proceed page 3 of 4 001 Revised 9/ PHASE V Flow Equalization Basin - Design Preliminary Design-Phase I Preliminary Design-Phase II Final Design-Phase I Final Design-Phase II Surveying Geotechnical Site Investigation Permitting/Approvals O&M Manual Startup and Training Operational Support Other Assistance 30 days after authorization 90 days after Final Design-Phase I 30 days after Preliminary Design-Phase I 60 days after Preliminary Design-Phase II 30 days after authorization 30 days after authorization 110 days after authorization 200 days after authorization 200 days after authorization 320 days after authorization 320 days after authorization Flow Equalization Basin - Construction Phase Services Construction Contract Administration-Phase I Detailed Observation-Phase I 200 days after authorization 200 days after authorization OCT d 9 2001 SCHEDULE C page 4 of 4 Revised 9/13/2001 4:37 PM AMENDMENT 1 WORK ORDER # MP-FT-01-1 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: South County Water Reclamation Facility Expansion~ Construction Engineering Inspection Services. The work is specified in the letter proposal dated September 25, 2001, which is attached hereto and made a part of this Work Order #MP-FT-01-1. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # MP-FT-01-1 is assigned to Malcolm Pirnie, Inc. Original Scope of Work: Task 1 - To attend a one-day "Partnering" exercise. Task 2 - Review 90% design plans and specifications, and the guaranteed maximum price (GMP). Task 3 - Assist the County with negotiating the final GMP. Task 4 - Review Final Documents Task 5 - Quality Management Task 6 - Reimbursables AMENDMENT 1: Task 7 Design Review Task 8 Pre-construction Tasks Task 9: Construction Administration Task 10: Resident Observation Task 11: Task 12: Task 13: Project Start Up and Closeout Quality Management Reimbursable Expenses Schedule of Work: Complete work during the Construction Phase within 30 months from receipt of the Notice to Proceed authorizing start of work plus one year additional follow on services. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the attached letter proposal dated September 25, 2001 on a combined time and material and lump sum amount indicated in the schedule below. The negotiated hourly rates for time and material fees are indicated in the attached letter proposal. Original Work Order Task 1 $ 2,460 T&M Task 2 12,980 T&M Task 3 8,200 T&M Task 4 940 T&M Task 5 1,476 Lump Sum Task 6 685 T&M Original Sub Total $26, 741 Not to Exceed AMENDMENT 1: Task 7 $39,920 Lump Sum 7,350 T&M Task 8 5,100 T&M Task 9 123,920 T&M Task 10 802,160 T&M Task 11 34,200 T&M Task 12 28,728 Lump Sum Task 13 22,350 T&M Amendment 1 Sub Total: Revised Total: $1,062,978 $1,089,719 Not to Exceed Not to Exceed 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 the letter proposal ttached. PREPARED BY: Alicia Abbott, PUED Project Manager Date REVIEWED BY: Roy Anderson, PUED Director Date AUTHORIZED BY: Joseph B. Cheatham, Wastewater Director Date APPROVED BY: James V. Mudd, P.E., Public Utilities Administrator Date Approved as to Form and Legal Suffie~ciency:(~ ~ ~.ssistant County Attorney ACCEPTED BY: ATTEST: (Corporate Seal) By: ______~ 1---'- -~J ' Type Name and Title Fund: 413 Cost Center: 263611 Object Code: Malcolm Pirnie, Inc Name of Firm Signature 631400 Project Number:73949 MALCOLM PIRNIE, INC, September 25, 2001 INDEPENDENT ENVIRONMENTAL ENGINEERS, SCIENTISTS & CONSULTANTS Ms. Alicia Abbott, E.I., Project Manager Collier County Utility Engineering 3301 East Tarniami Trail, Bldg. H Naples, FL 34112 Re: South County Water Reclamation Facility Services as Owner's Representative During Construction Dear Ms. Abbott The South County Water Reclamation Facility is being expanded from eight million gallons per day (8 mgd) capacity to sixteen million gallons per day (16 mgd). The design, provided by Hole, Montes and Associates, is scheduled to be completed soon. The County has selected a Construction Manager at Risk (CM), Montgomery Watson, Inc., based on qualifications and experience. The CM has been working with the design engineer and the County to ensure cost-effective, constmctible plans and specifications for the project. The County is now in the process of negotiating the final GMP and construction schedule with the CM. Construction is scheduled to begin in early October 2001. Malcolm Pimie has provided support services to the County during the final stages of design and during fiegotiations with the CM under Purchase Order No. 106856 (Work Order No. MP-FT-01-1). This proposal for Services as Owner's Representative During Construction is offered as an amendment to this Purchase Order with a scope of work and budget as described below: I. SCOPE OF WORK - BASIC SERVICES The County has retained Hole, Montes and Associates (Design Engineer) to design an 8- mgd expansion to the South County Water Reclamation Facility (Project) and has .selected Montgomery Watson, Inc as a Construction Manager at Risk (CM) to construct the Project. At 90 percent design completion, the County negotiated a Guaranteed Maximum Price (GMP) with the CM. The CM contract specifies that the Project shall be substantially complete within 830 calendar days, with final completion within 915 calendar days. The County will be issuing a Notice to Proceed with construction during October 2001. Representative (RPR) that will be located on the Project site. representative, Malcolm Pirnie will perform the following services: Malcolm Pirnie will serve as the County's representative during construction, start-up, performance testing and warranty period. Malcolm Pirnie will provide a Resident Project As the County's 1533 HEr',IDRY STREET SUITE 201 FT MYERS FL 33901 941-332-1300 fax 941-332-1789 Ms. Alicia Abbott, E.I. September 25, 2001 Page 2 of 7 Design Review Malcolm Pimie will review the Project drawings and specifications prepared by the Design Engineer and provide the County with written review comments. Our review will include the civil, process-mechanical, structural, architectural, building mechanical (HVAC/plumbing), electrical and instrumentation-control drawings and specifications. The primary focus of our review will be to assist the County with a coordination check of the drawings and specifications and to identify conflicts, interferences, and inconsistencies within and between the drawings and specifications. Malcolm Pirnie's review of and comments or recommendations regarding the work product of the Design Engineer shall not relieve the Design Engineer of complete responsibility for the professional and technical accuracy of their work products or services rendered. Pre-construction Tasks 2. Malcolm Pirnie will attend a pre-construction conference with representatives of the County, Design Engineer and the CM present. 3. Malcolm Pirnie will review the CM's construction schedule and schedule of values and provide comments to the County and the CM. Construction Administration 4. 5. Malcolm Pirnie will attend 30 monthly progress meetings. Malcolm Pirnie's Resident Project Representative (RPR) will attend other meetings and conferences other than monthly progress meetings. Malcolm Pirnie will review the CM's schedule and monitor progress on a monthly basis. Malcolm Pirnie will review the CM's monthly pay estimates of the quantity of work performed and prepare the certification for monthly payment to be made to the CM. Malcolm Pirnie will sign the recommendations for payment. Upon completion of the construction contract, Malcolm Pirnie will review and submit to the County, the final estimate pertaining thereto, the amount due the CM according to the ter/ns'b~ L ~ .~o Ms. Alicia Abbott, E.I. September 25, 2001 Page 3 of 7 10. contract, and a certification as to the completeness of the w(~rk of the CM and his conformity to the plans and specifications. Malcolm Pirnie will confer with the County on Owner directed project changes and prepare requests for change proposals for submission to the CM. A total of 48 man- hours of effort are budgeted for this task. Malcolm Pirnie will review CM's requests for change proposals and provide written recommendations to the County. A total of 172 man-hours of effort are budgeted for this task. Malcolm Pirnie will review all change order requests, advise, and recommend action to the County on issuing change orders. Change orders will be prepared by the Design Engineer with sufficient copies to provide one to each holder of Contract Documents and one copy for the CM's surety. Change orders will be accompanied by a complete breakdown showing computation of cost and change in contract time, together with a written explanation of the change. A total of 168 man-hours of effort are budgeted for this task. Malcolm Pirnie will track the status of shop drawing submittals and provide the County with a monthly summary of the status of all submittals. Resident Observation 12. Malcolm Pirnie will provide a Resident Project Representative (RPR) to perform the duties and responsibilities described in Attachment A. Based on the CM contract final completion time of 915 calendar days (130 weeks), a total of 6,500 man-hours of effort is budgeted for this task. The budgeted man-hours are based on 130 weeks at 50 hours per week for the RPR plus support services. 13. Malcolm Pirnie will provide specialty inspection of process-mechanical, electrical, HVAC and instrumentation work on an as needed basis. A total of 568 man-hours of effort is budgeted for this task. Project Start-up and Closeout 14. Upon written notice from the CM that the work has progressed to the point that it is sufficiently complete and can be utilized for the purpose to which ~L ~ . ...... ! oct ogzoo / Ms. Alicia Abbott, E.I. September 25, 2001 Page 4 of 7 Malcolm Pirnie will perform an inspection of the work with the County, Design Engineer and the CM to determine the status of completion. If Malcolm Pirnie does not consider the work substantially complete, Malcolm Pirnie will notify the County in writing giving the reasons therefor. If Malcolm Pirnie considers the work substantially complete, Malcolm Pirnie will notify the County in writing and deliver to the County a list of items to be completed or corrected before final payment. 15. Upon written notice from the CM that the work is complete, Malcolm Pirnie will make a final inspection with the County, Design Engineer and the CM. Malcolm Pirnie will notify the County in writing that the work is complete or of all particulars in which this inspection reveals that the work is incomplete or defective. 16. Provide follow-up assistance throughout the first year of facilities operation that includes (1) review and comment on monthly summaries of operating data prepared by others, (2) provide assistance in correcting operating problems, process upsets, and equipment warranty issues, (3) conduct visits to the facility at scheduled six-month intervals (two total) plus two additional visits as necessary to correct immediate problems, and (4) prepare two reports for the County on the status of operations - during the first year of operation. A total of 144 man-hours of effort is budgeted for this task. II. ADDITIONAL SERVICES At the option of the County, and if authorized in writing, Malcolm Pirnie will furnish or obtain from others additional services. Additional services are defined as services, which are not included in Basic Services and consist of the following: 17. Prepare a separate engineer's opinion of probable costs for Owner Directed changes. 18. Provide additional Resident Project Representative man-hours in addition to that shown in the Basic Services, including overtime worked in excess of the 50 hour per week allowance budgeted. 19.Provide additional home-office support services if the CM contract final completion time is extended beyond the original 915-calendar day final completion time. 20. Provide services related to witnessing of factory testing of major equipment item~. , .......~ _ , i' Ms. Aiicia Abbott, E.I. September 25, 2001 Page 5 of 7 21. Work with County staff to develop start-up plans for each system that details the step- by-step procedures necessary to start and operate the facilities. 22. Prepare Standard Operating Procedures (SOPs) for the Project or review SOPs developed by others. 23. Prepare lesson plans and conduct start-up training. 11I. RESPONSIBILITIES OF TRE DESIGN ENGINEER AND CM Design Engineer shall issue final sets of conformed contract documents to the County and to the CM. Design Engineer shall respond to requests for clarifications and interpretations regarding the intent of the design documents in a timely manner so as not to delay the progress of the CM's work. c. Design Engineer shall review and approve all shop drawing submittals in a timely - manner so as not to delay the progress of the CM's work. Design Engineer shall provide the services of design personnel to make visits to the site as required to resolve conflicts that may arise regarding the design. Design Engineer shall prepare record drawings for all work based on information provided by the CM. f. Design Engineer shall prepare and approve Change Orders to the contract documents. g. Design Engineer shall provide Certificate of Substantial Completions and Final Completion. h. Design Engineer shall provide other services defined in the design services agreement. Design Engineer shall provide start-up, testing and employee training services. CM shall supervise, inspect and direct the construction work competently and efficiently, devoting such attention thereto and applying such skills and expert~__~s ,.~*y&--~- may be necessary to perform the work in accordance with the Contract Docu~er~.. Ms. Aiicia Abbott, E.I. September 25, 2001 Page 6 of 7 CM shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction and that the completed work complies accurately with the Contract Documents. CM shall provide competent, suitably qualified personnel to survey, lay out, and construct the work as required by the Contract Documents. CM shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. IV. FINANCIAL Malcolm Pirnie proposes to provide the professional services described in Tasks 1 through Task 16 above as combined into seven general categories, including all labor, materials and expenses, on a combined time and material and lump sum basis in accordance with the following schedule. This proposal is made on the basis of a total consWuction time of 30 months. Estimated Payment Task Hourly Fees Basis and Expenses $39,920 Lump Sum 1. Design Review $7,350 T&M 2. Pre-construction Tasks $ 5,100 T&M 3. Construction Administration $123,920 T&M 4. Resident Observation $802,160 T&M 5. Project Start Up and Closeout $34,200 T&M 6. Quality Management $28,728 Lump Sum 7. Reimbursable Expenses $22,350 T&M Total Not to Exceed $1,062,978 This proposal does not include a budget for Additional Services as described herein. At the option of the County, and only if authorized in writing by the County, Malcolm Pimie will provide such Additional Services as requested for fees and expenses mutually agreed at the ........ time of authorization, m0.~ OCT 0 9 2001 , ~ _iLl_ .. Ms. Alicia Abbott, E.I. September 25, 2001 Page 7 of 7 Hourly fees contained m this proposal have been negotiated in accordance with Article 5 of Agreement for Fixed Term Utilities Engineering Services, Contract #00-3119, Dated April 10, 2001, and supplement or replace SCHEDULE A of said agreement as follows: Professional Hourly Rate Administrative Assistant Engineer (E-3) Residem Project Representative Chief Engineer Principal Specialist $50.00 $90.00 $112.00 $140.00 $150.00 Thank you for this opportunity to be of service to Collier County. We look forward to working with you and the entire project team. Very truly yours, Malcolm Pirnie, Inc. Stephen C. Schwarz, P.E., DEE Vice President AC~ IqOA I TEt]. OCT 0 9 2001 ATTACHMENT A RESIDENT PROJECT REPRESENTATIVE'S RESP( ~N.~IBILITIES Resident Project Representative (RPR) will be Malcolm Pirnie' ' -' ?e or agent at the Site, will act as directed by and under the supervision of Malcolm P!:-nie's Chief Engineer. RPR's dealings in matters pertaining to the on-site Work shall in ~:.': :ral be with Malcolm Pimie's Chief Engineer and the Construction Manager (CM) keeping County advised as necessary. RPR's dealings with Subcontractors shall only be through or with the full knowledge and approval of the CM. RPR shall generally communic:~te with County with the knowledge of and under the direction of Malcolm Pirnie's Chief Engineer. 1. Duties and Responsibilities of RPR: a. Schedules: Review the progress schedule, schedule of Shop Drawing and Sample submittals and schedule of values prepared by CM. Conferences and Meetings: Attend meetings with CM, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. c. Liaison: 1) 2) Serve as County's liaison with CM, working principally through CM's superintendent and liaison with Design Engineer to assist in providing understanding of the intent of the Contract Documents. Assist in obtaining from County or Design Engineer additional details or information, when required for proper execution of the Work. do Shop Drawings and Samples: 1) Record date of receipt of Shop Drawings ~md Samples, which are received at the Site. 2) Receive Samples that are furnished at the Site by CM. 3) Advise Design Engineer and CM of the commencement of any Work requiring a Shop Drawing or Sabnple if the submittal has not been approved by Design Engineer. e. Review of Work, Rejection of Defective Work, Observations and Tests: ! 0 9 2001 $'7 Resident Project Representative Page 2 of 4 1) Conduct observations of the Work in progress on the Site to assist County in determining if the Work is in general proceeding in accordance with the Contract Documents. 2) Report to County whenever RPR believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise County of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 3) Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CM maintains adequate records thereof; and observe, record and report to County appropriate details relative to the test procedures and startups. 4) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to County. f. Interpretation of Contract Documents: Report to Design Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to CM clarifications and interpretations as issued by Design Engineer. g. Modifications: Consider and evaluate CM's suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to County and Design Engineer. Transmit to CM decisions as issued by Design Engineer. h. Records: 1) Maintain at the Site orderly flies for correspondence, reports of job conferences, Shop Drawings and Sainples, and reproductions of original Contract Documents including all Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Agreement. Design Engineer's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. Resident Project Representative Page 3 of 4 2) Keep a record, recording CM hours on the Site, weather conditions, data relative to questions on Change Orders or changed conditions, list of visitors to the Site, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to County. 3) Record names, addresses and telephone numbers for CM staff, subcontractors and major suppliers of materials and equipment. i. Reports: 1) Furnish County periodic reports as required of progress of the Work and of CM's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. 2) Review proposed Change Orders, obtaining backup material from CM and recommend to County Change Orders and Field Orders. 3) Report immediately to County upon the occurrence of any accident. jo Payment Requests: Review applications for payment with CM for compliance with the established procedure for their submission and submit recommendations to Malcolm Pimie's Chief Engineer, noting particularly the relationship of the payment requested to the schedule of values. Work completed and materials and equipment delivered at the site but not incorporated in the Work. ko Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CM are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to Malcolm Pirnie's Chief Engineer for review and forwarding to County prior to final payment for the Work. 1. Completion: 1. Before the Design Engineer issues a Certificate of Substantial Completion, submit to the Design Engineer and the CMa list of observed items requiring completion or correction. 2. Conduct final inspection in the company of Design Engineer, County and CM and prepare a final list of items to be completed or corrected. 3. Observe that all items on final list have been completed or corrected and make recommendations to Malcolm Pirnie' s Chief Engineer concerning acceptance. Resident Project Representative Page 4 of 4 2. Limitations of Authority of RPR: RPR shall not: a. Authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by Design Engineer or County. b. Undertake any of the responsibilities of CM, subcontractors or CM's superintendent. Co Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. d. Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. e. Accept Shop Drawing or Sample submittals from anyone other than CM. f. Authorize County to occupy the Project in whole or in part. g. Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by County. 09/28/01 FRI 11:38 FAX 9412542098 HOLE MONTES HOLE MONTES 003 950 Encore Way. RO. Box 111629. Naples, Rorida 34108- Phone:. 94t.2§4.2000, Fax: 941.254,2097 September 27, 2001 Mr. Karl Boyer, P.E. Collier County Government Center Public Utilities Engineering Department 3301 East Tamiami Trail, Bldg. "H" Naples, Florida 34112 Via Fax & Mail CONSTRUCTION COSTS SCW Expansion to 16 MGD HMA File No. 2000.055 Dear Karl We have reviewed the Guaranteed Maximum Price (GMP) of $38,954,395 as submiaed by Montgomery Watson, the County's Construction M~n~ger at Risk. This price has been. compared to the Hole Montes cost estimate of $32,790,000. We are unable to fully reconcile our estimate to the GMP, however, the 15.8% difference in these estimates could be attributed to various factors such as the accelerated construction schedule, uncertain groundwater and soil conditions, and the current booming construction market, which caused two bidders to withdraw. The GMP may also have been affected by the fast-track project schedule, which required pricing development concurrent with design completion. As a result, the OMP includes costs for details and features that were generally described but not fully defined. We understand Montgomery Watson obtained competitive bids on the various bid packages, and further reduction of the GMP is unlikely. On this basis, we recommend acceptance of the GMP. As requested by the County, our cost estimate was divided into categor/es related to (a) expansion, (b) operational enhancement, and (e) good neighbor policy. These costs have been prorated, using the Montgomery Watson GMP, to provide the following cost 'categories: Facility Expansion to 16 MOD (Includes $2,093,300 Good Neighbor features) Operational Enhancements Good Neighbor Policy $35,245,936 $3,089,054 $619,375 W52000~2000055~121 (Cltent)~0010925-kb-corm costs-Ir, doc Na~lea. Fort I~. Ve~i~e, Englew~l 09/28/01 FRI 11:38 FAX 9412542098 HOLE ~0NTES ~002 Page Two Mr. Karl Boyer Co~on Costs SCWRF Expansion to 16 MGD HM File NO. 2000.055 If you have any questions or concerns regarding this maker, please contact me. Thank you for the opportunity to be of service to Collier County. Very truly yours, pIN¢. III, P.E. Dir~6r oflh-oject Managemcm HCP/mmw cc: Alicia Abbott Ron Ben,son ! OCT O 9 2001 EXECUTIVE SUMMARY APPROVE FUNDING FOR TROPICAL STORM GABRIELLE BEACH RECOVERY OBJECTIVE: To obtain approval of funding for contracts to remove beach rocks and to re- nourish the beaches of Barefoot, Vanderbilt, Park Shore, Naples and Marco Island. CONSIDERATIONS: Tropical Storm Gabrielle caused an estimated 400,000 cubic yards of sand to be removed from the beaches of Barefoot, Vanderbilt, Park Shore, Naples and Marco Island. The BCC and the Florida Department of Environmental Protection have declared emergency conditions. Collier County is under a FDEP consent order to remove rocks from specific sections of beach prior to renourishing those areas. FEMA toured the beaches and has tentatively agreed to reimburse 87.5% of the costs to restore 234,200 cubic yards of sand (the total damage estimate less three years of estimated normal erosion, estimated at $4,098,500) to the beaches. It may take up to three years to receive any FEMA reimbursement. In order to expedite beach recovery, it is requested that the Board waive the formal competitive threshold, according to F.S. 255.20(a)(1), and County Purchasing Policy V(A)(2, 3), and authorize staff to enter into contracts directly related to beach recovery as follows: 1) Quotes from three to five firms will be sought to sift sand and remove rocks as required by FDEP and the Army Corps of Engineers ............................................................. $400,000 2) There are fixed term engineering services contracts available to conduct pre- and post- construction surveys and prepare the required reports ........................................... $100,000 3) Quotes from three to five firms will be sought to produce 400,000 cubic yards of beach compatible sand .................................................................................................. $2,400,000 4) Quotes from three to five firms will be sought to transport and place 400,000 cubic yards of b~ach sand and restore dunes .............................................................................. $$,600,000 The Coastal Advisory Committee (CAC) and the Tourist Development Council will review these proposals on October 4, 2001 and October 8, 2001 respectively. FISCAL IMPACT: A budget amendment is required in the Tourist Development Fund Category 'A' (fund 195) for $7,500,000 increasing the total project (#10507, Incremental Beach Maintenance Activities FY02) costs to $8,500,000. The source of funds is the Tourist Development Tax. This budget amendment will deplete budget reserves. OCT 0 § 2001 It is anticipated that this beach renourishment will be completed prior to March 30, 2002. In the event that TDC revenues are less than budgeted due to the economic downturn in our economy, other projects will be deferred. Engineers ~vill generate plans and obtain environmental permits, but the site work will be deferred for the following projects as needed: Pr~ect# 10295 10500 10501 10511 Total Budget Project Title Vanderbilt Beach Parking Garage $3,800,000 $3,300,000 Caxambas Pass Dredging $ 335,000 $ 300,000 Marco Island Breakwater Modifications $ 705,100 $ 630,000 Hideaway Beach Access Improvements $ 401,000 $ 320,000 Amount to Defer 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 budget amendment for $7,500,000; 2) waive formal competition requirements for the contracts required for beach recovery; 3) authorize the Chairman to execute the contracts; 4) authorize the Public Utilities Administrator execute the FEMA agreement; 6) designate the Public Utilities Administrator be the authorized signatory for FEMA reimbursements; and 7) approve the deferral of the above stated projects. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ron Hovell, P.E., Coastal Projects Manager Public Utilities Engineering Department ,~ '~/J~ ~~w~ Date: Roy/B. Anderson, P.E., Director Put,tic Utilities Engineering Department _~ ,~[~ · ~-.)~ t Date: Ste~l~en ~f. ~arnell, Director P~g/General Services Department ~___7..~~~. ~...~ Date: ~ames V. Mudd, P.E., Adminis ra or Public Utilities Division EXECUTIVE SUMMARY AUTHORIZE STAFF AS RESOURCE TO ASSIST WITH THE "WEED AND SEED" COMMUNITY EFFORT IN IMMOKALEE. OB~IECTIVE: To enhance the livability of the Immokalee community. CONSIDERATIONS: The "Weed and Seed" program is a community-based program co-sponsored by the Sheriff's office to clean up the Immokalee community by "weeding out" criminal activity while "seeding" the community with positive activities and programs. The Sheriff's Office is requesting that the Board authorize staff to participate in "Weed and Seed" program in an effort to coordinate all activities currently underway in Immokalee including the Immokalee Redevelopment effort and the Immokalee Initiative effort coordinated by Planning Services, Transportation, Housing and Urban Improvement, Code Enforcement and Building Review & Permitting. GROWTH MANAGEMENT PLAN: There is no impact to the growth management plan. FISCAL IMPACT: There is no direct fiscal impact relating to this request. Salaries for staff participating in this program have been previously budgeted. RECOMMENDATION: That the Board of County Commissioners authorize staff to participate in the coordination of "Weed and Seed" activities from an advisory capacity. 'John D~nnuck, Interim Community Development & Environmental Services Administrator AOm:~A ~TEM OCt 0 9 2001 EXECUT'rVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "IBIS COVE PHASE ONE-A" OBJECTIVE'. TO approve for recording the final plat of Ibis Cove Phase One-A, 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 "Ibis Cove Phase One-A". 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 plat of "Ibis Cove Phase One-A" be approved for recording. 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 %.,,- OCT 0 9 2001 Executive Summary Ibis Cove Phase One-A Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: archeological issues There are no historical or EAC RECOMMENDATION: Not Required CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOM~.NDATION: That the Board of County Commissioners approve the Final Plat of "Ibis Cove Phase One-A" with the following stipulasions: 1. Authorize the recording of the Final Plat of ~Ibis Cove Phase One-A., PREPARED BY: J6hn R. Houldsworth, Senior Engineer Engineering Review REVI~N~D BY: · ~fho~as E'.' Kuck:, p.E. Engineering ReView Director/County Engineer Date ~ate APPROVED BY: JO~'~I~D~LiNNU~II, Interim AdmlnlS ' ' ' ' trator Community Dev. and Environmental Svcs. Date OCT 0 9 2001 ?ED OCT ,~ 9 2001 EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "BERKSHIRE COMMONS PARCEL 1, 2 & 3" OBJECTIVE To approve for recording the final plat of Berkshire Commons Parcel 1, 2 & 3, a subdivision of lands located in Section 32, Township 49 South, Range 26 East, Collier County, Florida. CONSIDERATIONS= Engineering Review Section has completed the review of the final plat of "Berkshire Commons Parcel 1, 2 & 3" This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat "Berkshire Commons Parcels 1, 2 & 3" be approved for recording. 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 .~ /~ OCT 0 9 2001 Executive Summary Berkshire Commons Parcels 1, 2 & 3 Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: archeological issues EAC RECOMMENDATION= Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: There are historical / That the Board of County Commissioners approve the Final Plat of "Berkshire Commons Parcel 1, 2 & 3" with the following stipulations: 1. Authorize the recording of the Final Plat of "Berkshire Commons Parcel 1, 2 & 3." PREPARED BY: John R. Houlds~6rth, Senior Engineer Engineering Review Date REVI~ BY: . ,.? ~h0mas E. Ku=~, P.E. Engineering Review Director / County Engineer Date APPROVED BY: · ~~Interlm Administrator cJoOmHN~i~ DUper.C and ~.nviron~ental'Svics. Date NOT TO SCALE OCT O 9 2001 EXECUTIVE SUMMARY APPROVE AN AGREEMENT TO ACCEPT AN ARTIFICIAL REEF GRANT FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION. OBJECTIVE: That the Board of County Commissioners (BCC) authorize the Chairperson to sign the agreement accepting a $25,000 grant for artificial reef construction provided by the Florida Fish and Wildlife Conservation Commission. .CONSIDERATION; The Florida Fish and Wildlife Conservation Commission has offered Collier County a $25,000 grant for FY 01/02. The funds will be used to place material at an artificial reef site in Collier County. Staff will to create a new reef within the Keewaydin 3 mile artificial reef site with the grant funds. FISCAL IMPACTr Staffbudgeted $25,000 in the Artificial Reef cost center based on past grant awards. The County also budgeted an additional $25,000 from boaters registration fees for the reef program. With the grant award, staff will spend $50,000 for artificial reef construction in FY 01/02. ..GROWTH MANAGEMENT IMPACT The grant money will support Objective 7.1 of the Conservation and Coastal Managen~ent Element of the County Growth Management Plan. ..RECOMMENDATION: That the BCC authorize the Chairman to sign the agreement for the $25,000 Florida Fish and Wildlife Conservation Commission grant. D°ugla~-.'~it°r'~ni°r~,nvironment~d Specie'fist ~ P.OV %)42u ~v~.~ , ' Administrator - - ' Co~ity Development & Environmental Semices OCT 0 3 2001 FWC Grant No. ~)/'~)/2/ 7 COLLIER COUNTY ARTIFICIAL REEF CONSTRUCTION PROJECT THIS GRANT AGREEMENT is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399- 1600, hereafter "COMMISSION", and the COLMER COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 3301 East Tamiami Trail, Naples, Florida 34112, hereafter "GRANTEE". NOW THEREFORE, the COMMISSION and the GRANTEE, for the considerations hereafter set forth, agree as follows: DUTIES OF THE GRANTEE 1. Scope of Sen/ices ' The GRANTEE shall perform the services and specir~ responsibilities as set forth in Attachment A, entitled "Scope of Services", attached hereto and made a part hereof. 2. Contractor Eligibility The GRANTEE shall be licensed as necessary to perform ~under this Grant Agreement as may be required by law, rule, or regulation, and shall provide evidence of such compliance to the COMMISSION upon request. TERM OF AGREEMENT " 3. This Agreement shall begin upon execution by both parties and end on June 30, 2002, inclusive. The GRANTEE shall not be eligible for reimbursement for services rendered prior to the e~ecution date of this Agreement nor after the termination date of the Agreement. COMPENSATION 4. As consideration for the services rendered by the GRANTEE under the terms of this Agreement, the COMMISSION shall paythe GRANTEE on a cost reimbursement basis in an amount not to e~ceed $25,000. PAYMENTS 5. The COMMISSION shall pay the GRANTEE for satisfactory service upon submission of invoices, accompanied by required reports or deliverables, and after acceptance of services and deliverables in writing by the COMMISSION's Contract Manager. Each invoice shall include the FWC Grant Number and the GRANTEE's Federal Employer Identification (FEID) Number. An original and two (2) copies of the invoice shall be submitted. The COMMISSION shall not provide advance payment. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Invoices for reimbursement shall be submitted following successful completion of the artificial reef project described in Attachment A, Scope of Services. reimbursement basis in accordance with Section 112.061, Florida Statutes. Travel expenses, if authorized in Attachment A, Scope of Services, shall be compensated on a cost 7. The GRANTEE shall be compensated on a cost reimbursement basis in accordance Contract Payment Requirements as shown in the Department of Banking and Finance, Bu Voucher Processing Handbook, Chapter 4., C., 1. (attached hereto and made part hereof as Att; -t- 8. For Agreements whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance and obligation to pay is contingent upon an annual appropriation by the Legislature. 9. Invoices, including backup documentation, shall be submitted to: Jon Dedriil, Environmental Administrator Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries For U.S. Postal Service Mail: 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600 For courier service: 2590 Executive Center Circle East, Suite 203 Tallahassee, Florida 32301 TERMINATION 10. This Agreement shall terminate immediately upon the COMMISSION giving written notice to the GRANTEE in the event of fraud, willful misconduct, or breach of this Agreement. 11. Either party may terminate this Agreement by giving written'notice to the other party specifying the termination date and justification for termination, by certif~=d mail, return receipt requested, at least forty-five (45) days prior to the termination date specifmd in the Agreement. TAXES 12. The GRANTEE recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the term of this Agreement. NOTICE 13. Unless a change of address is given, any and all notices shall be delivered to the parties at the following addresses: GRANTEE COMMISSION Doug Suitor, Senior Environmental Specialist Collier County Natural Resources Department 3301 East Tamiami Trail Naples, Florida 34112 941.732.2505 DouasuitorC~.Collierclov. net, Jon Dodriil, Environmental Administrator FWCC Division of Marine Fisheries 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600 850.922.4340 dod rili(i~lfc.state.fl.US AMENDMENT OR MODIFICATION 14. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the parties. The COMMISSION may at any time, by written order designated to be a Medif~',ation, make any change in the work within the gene~~~" ~,i~~''''' Agreement (e.g. specifications, schedules, method or manner of performance, requireme,ts, et~.~. ~ever, all modifications are subject to the mutual agreement of beth parties as evidenced in writing. Any OCT O 2001 --'~uses an increase or decrease in the GRANTEE's cost or the term of the Agreement shall require a formal ,nendment. RELATIONSHIP OF THE PARTIES 15. The GRANTEE shall perform as an independent agent and not as an agent, representative, or employee of the COMMISSION. 16. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. The parties agree that there is no conflict of interest or any other prohibited relationship between the GRANTEE and the COMMISSION. INSURANCE REQUIREMENTS 18. To the extent required by law, the GRANTEE will either be self-insured for Worker's Compensation claims, or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project. If any work is subcontracted, the GRANTEE shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Worker's Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under the Worker's Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory _to the COMMISSION, for the protection of his employees not otherwise protected. t9. The GRANTEE, as an-*independent, contractor and not an agent, representative, or employee of the COMMISSION, agrees to carry adequate liability and other appropriate forms of insurance. The COMMISSION shall have no liability except as specifk':ally provided in this Agreement. CANCELLATION UNDER CHAPTER 119, FLORIDA STATUTES 20. This Agreement may be unilaterally canceled by the COMMISSION for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the GRANTEE on conjunction with this Agreement. RECORD KEEPING REQUIREMENTS 21. The GRANTEE shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The COMMISSION, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for three (3) years following Agreement completion. In the event any work is subcontracted, the GRANTEE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. LIABILITY 22. Each Party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by eithe.?_p~=_.rty__of iL~ sovereign immunity or the provisions of Section 768.28, Florida Statutes. - A,~A ITEM O£T 0 2001 -3- NON-DISCRIMINATION 23. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be e,'(',luded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. PROHIBITION OF DISCRIMINATORY VENDORS 24. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. NON-ASSIGNMI~NT 25. This Agreement is an e~.,lusive agreement for services and may not be assigned in whole or in part without the written approval of the COMMISSION. REMEDIES 26. The GRANTEE shall perform the services in a proper and satisfactory manner as determined by the COMMISSION. 27. It is understood by the parties that remedies for damages or any other remedies provided for heroin shall be construed to be cumulative and not exclusive of any other remedy otherwise available under _law. SEVERABIMTY AND CHOICE OF VENUE 28. This Agreement has been delivered in the State of Florida and shall be construed in accordance wIth the laws of Florida. VVherever 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 remaining provisions of this Agreement. Any action in connection herewith, in law or equity, shall be brought in Leon County, Florida. NO THIRD PARTY RIGHTS 29. The parties hereto do not intend nor shall this Agreement be construed to grant any rights, privileges or interest to any third party. JURY TRIAL WAIVER 30. As consideration of this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against another party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement. ~GENDA ITEM OCT 0 9 2001 -4- PI~, ,5 ..... DIVISION OF MARINE FISHERIES REQUIREMENTS 31. The GRANTEE agrees to follow all requirements of Section 287.057, Florida Statutes, for the procurement of commodities or contractual services under this Agreement. The GRANTEE will obtain a minimum of two written quotes for any subcontracts required for Agreements in the amount of $25,000 or less, and the GRANTEE will publicly advertise and send bid specifications to a minimum of five (5) potential subcontractors for any subcontracts required for Agreements in e~cess of $25,000. 32. The use of a vendor registered with the Statewide Negotiated Agreement Pdce Schedule (SNAPS) does not preclude the GRANTEE from the requirements of paragraph 34. 33. The GRANTEE shall include Attachment A (Scope of Services) verbatim in all bid specifications. All bid specifications must be approved, in writing, in advance by the COMMISSION's Contract Manager, prior to public advertisement or distribution. 34. The GRANTEE shall submit bid specirmations to the COMMISSION's Contract Manager for approval within ninety(90) days following the ex~cuti0n date of this Agreement. 35. Any request to use a sole source vendor by the GRANTEE must be requested and justified in writing and approved by the COMMISSION's Contract Manager prior to awarding a sole source subcontract under this Agreement. 36. A summary of the vendor replies and recommended subcontractor must be sent by the GRANTEE to the COMMISSION's Contract Manager for written approval prior to the awarding of any subcontracts under this Agreement. _ 37. The GRANTEE shall include this entire Agreement and all attachments in ail subcontracts issued as a result of this Agreement. All such subcontracts in excess of $5,000 shall be in writing. 38. The GRANTEE agrees to acknowledge the role of the Federal Aid in Sport Fish Restoration Program funding in any publicity related to this Agreement. 39. The GRANTEE agrees to provide the COMMISSION with a minimum of five (5) days notice for any artificial reef construction that occurs as a result of this Agreement. 40. The GRANTEE agrees to follow all provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code during the term of this Agreement. 41. The GRANTEE agrees to comply with all applicable federal, state, and local statutes, rules and regulations in providing goods or services to the COMMISSION under the terms of this Agreement; including the general and special conditions specir~d in any permits issued by the Department of the Army, Corps of Engineers and/or the Florida Department of Environmental protection. The GRANTEE further agrees to include this as a separate.prevision in all subcontracts issued as a result of this Agreement. FED RALJFLORIDA SINGLE AUDIT ACTS RE UIR ME S 43. In accordance with Section 216.347, Florida Statutes, the GRANTEE is here~ funds provided by this Agreement for the purpose of lobbying the Legislature, the ju agency. 42. Effective ut 1, 2000, the Florida Single Audit Act require.?, all no.n-state, org. a.?'_tza, tions...(,G_..,R~nNtTtoEEs)e~ are recipients of JstUaltye financial assistance to comply with the audit reqmrements 215.97, Florida Statutes. In addition, recipients and subrecipients (GRANTEE) of federal financial assistance must comply with the Federal Single Audit Act requirements of OMB Circular A-133. Therefore, the GRANTEE shall be required to comply wit the audit requirements outlined in Attachment C, titled "Requirements of the Federal and Florida Single Audit ACts", attached hereto and made a part of this Agreement, as applicable. usin licialt~.ranch or a stat{ CERTIFICATE OF CONTRACT COMPLETION 44. The GRANTEE will be required to complete a Certificate of Contract Com~!~.tion form when all work has been completed and accepted. This form must be submitted to the COMMISSION's Contract Manager with the GRANTEE's invoice for payment to be authorized. The COMMISSION's Contract Manager shall submit the ex~;cuted form with the invoice to Accounting Services. CERTIFICATE OF PARTIAL PAYMENT 45. The GRANTEE will be required to complete a Certif'~..ate of Partial Payment form when payment intervals have been noted in the Agreement. This form must be submitted to the COMMISSION's Contract Manager starting with the second invoice and with each subsequent invoice requesting partial payment. The COMMISSION's Contract Manager shall submit the executed form with the invoice :~ .~ccounting Services. FEDERAL FUNDS 46. This agreement is funded in whole or in part by a grant from the U.S. Fish and Wildlife Service, Federal Aid in Sport Fish Restoration Program, CFDA No. 15.605. Therefore, the GRANTEE shall be responsible for complying wi~h all federal grant requirements as provided in this Agreement, a copy of which is attached hereto and made a part of as Attachment D. It is understood and agreed that the GRANTEE is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the pdor written approval of the U.S. Fish and Wildlife Service. ENTIRE AGREEMENT 47. This Agreement represents that entire Agreement of the parties. Any alterations, variations, changes, modifk~ations or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the parties hereto, unless otherwise provided herein. REST OF PAGE INTENTIONALLY LEFT BLANK -6- A~A ITEJM ~o. la,4 .~. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be ex~cuted through their authorized signatories on the day and year last written below. COLLIER COUNTY BOARD OF .-.-.'.- CCOUN'~ COMMISSIONERS ~ (Authorized Signatory*) James D. Carter, Ph.D,, Chairman (Print Signatory's Name and Title) Date: By:. Date: FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Director, Division of Marine Fisheries or Designee ~nl 1 '~ ~'r- Pnr~n'f--v. '~1 ,,--,-,--; (Grante-e) ..... 3301 East Tamiami Trail (Address) Naples, Florida 34112 (City, State, and Zip Code) 59-~Q00558 (Fedem~ Employer Identif~,ation Number) Reimbursement Check Remittance Address: As to chairman's signature only 3301 East Tamiami Trail (Address) Naples, Florida 34112 (City, State, and Zip Code) *If someone other than the Chairman signs this Agreement, a statement or other document authorizing that person to ~ign the Agreement on behalf of the County must accompany the Agreement. List of Attachments included as part of this Agreement: Attachment A Scope of services Attachment B Comptroller's Contract payment Reauirements Attachment C Attachment D Requirements of the Federal - Florida Sinale Audit Acts Federal Aid Compliance Requirements State and Federal Funds Awarded throu,qh the Florida Fish and VVd( Commission -7- OCT 2001 ATTACHMENT A SCOPE OF SERVICES COLLIER COUNTY REEF DEVELOPMENT PROJECT 2001-2002 The Commission has awarded fimds under this Agreement to complete the following saltwater artificial reef project elements, as outlined in the approved USFWS Federal Aid in Spo~t Fish Restoration grant for F42- Segment 16 under Project #1, Task #1, Activity #1. The objective of this activity is to construct four artificial patch reefs in state waters off Collier County, Florida for the purpose of: a) creating several near shore reef fishing sites to benefit recreational marine anglers, particularly those with smaller boats, and b) providing long term reef fish habitat enhancement in an area where hard bottom is limited. The reef construction activity to be funded consists of the following elements: 1. Loading and transportation of at least 400 tons of clean pre-cast concrete material or other concrete structures acceptable to the Commission. 2. Load the concrete materials onto a suitable conveyance and transport to a site for loading onto a barge or other suitable vessel for offshore movement. Load the structures onto a vessel for transportation to the designated reef site. Provide a sufficiently powered transport or towing vessel, personnel, and all necessary equipment to transport the material offshore and deploy it. Reef material loaded on to the transporting vessel must be properly secured to allow for its safe transport to the reef construction site. .3~ Deployment of reef material. During the deployment of the concrete reef material, the transport vessel must be effectively moored thro~gh double anchoring, be spudded down, or otherwise be held securely in place with minimal movement (+/-50 feet) to ensure accurate and concentrated placement of the concrete patch reefs on the bottom. Material must be arranged to provide habitat complexity as well as provide sand bottom forage area opportunities. Individual reef materials cannot be widely scattered. Any machinery used to move and deploy the reef materials should be sufficiently powered/maneuverable and capably operated to ensure timely, effective and safe off-loading of materials. The tug or transport vessel shall meet all U.S. Coast Guard certification and safety requirements, be equipped with a working, accurate Global Positioning System (GPS) unit and other marine electronics including a working VHF radio. Effective and reliable communications shall exist at all times between the transport vessel, and the designated County observer on site. Deployment operations will only be initiated when sea height in the operations area is no greater than two to four feet as forecast by the nearest NO AA weather office. The County observer r~serves the fight to suspend off-loading operations if positioning and other deployment objectives, including safety of personnel and equipment, are not being met. All special and stundsrd manatee protection requirements described in the Army Corps of Engineers Permit 199904872 (I~-I)Y) for this reef site must be complied with. 4. Miscellaneous services associated with the reef project. Up to $1,500 ortho available activity funding may be utilized for the following: a. Observation vessel rental, if a vessel is needed to serve as the County Project ManageVs observation and buoy deployment platform (up to $600 for each nine hour day). The designated observation vessel must also be equipped with a GPS unit, operating fathometer, and a VI-IF radio. b. Miscellaneous material purchases (buoys, lines, anchors, for temporary marking of reef ites in hovance OCT 0 9 2001 - 8, - ~ _..._~_ ...... do to assist the subcontractor; navigation charts, film and/or video tape and their processing and duplication (up to $300). Post deployment dive assessment of the reefs to map/provide videography of material, orientation and relief, (Up to $600 for a w~illen formal diving survey with videography). Advertisement of the activity in association with an invitation to bid. 5. Funds from this Agreement may not be expended on salaries, training, or parts replacement or repairs to rented or contractor owned equipment. Documentation of expenses and survey reports must be submitted with the closeout package in order for reimbursement to be made. DEPLOYMENT LOCATION OF REEF UNI~ ,6. The reef material will be approximately evenly divided to form four patch reefs, distributed within the Keewaydin Reef site so as to maximize the distance between toe pa~,h ree~s. The permitted site is a square measuring 1,519 feet' on a side. The site encompasses 53 acres in state waters off Collier County. The permitted site is located about 3.0 nautical miles on a bearing of 285° from Gordon's Pass. Permit center and comer coordinates are as follows: North Laatude West Longitude Depth Site Center 26° 02.125' 81 o 49.875' 22-24 feet NE Corner 26° 02.249' 81° 49.750' SE Core. er .- 26° 02.000' 81° 49 750' SW Corner 26° 02.000' 81° 50.000' NW Corner 26° 02.249' 81° 50.000' REEF DEPLOYMENT OVERSIGHT. The Count~/s Contract Manager shall oversee the temporary maddng of the reef deployment locations in advance of reef materials deployment in order to assist the subcontractor in the proper placement of the patch reefs. The markers shall be buoys no less than 12 inches m diameter and snfflcieutly anchored so that they will not drift off the designated deployment site prior to deployment. The Commission will not pay for materials placed outside the permit area as described above. Precise GPS placement of marker buoys that do not shiit position with time will also be impo~ant to insure the reef is constructed within the permitted area. 7. The County's Project Manager or County employee designated as an of~cial observer shall remain on site during the entire deployment phase of the operation and confirm the GPS coordinates of the individual placements as well as the maximum vertical relief of the constructed reefs using a fathometer after the reef construction has been completed. 8. Both the County and its subcontractor shall have on site current nautical charts of the deployment area, with the permitted site indicated on the chart. The proposed patch reef coordinates and the comer coordina~s of the reef site will also be in possession of the County observer and the subcontractor when on site. The County observer shall also be in possession of a copy of the Army Corps permit for the area where the deployments are taking place. The County shall be responsible for insuring that all permit condition terms are complied with. 9. The County agrees to allow the Commission to conduct on-site inspections of the sail project before, during, and aider the deployment. -9- nate~rtificial fishing OCT 0 2001 ~'ef LIABILITY AND RESPONSIBILITY FOR REEF MATERIALS 10. Upon in/tiation of the handling and movement of these artificial reef materials by the County's subcontractor, ah liability, risk of loss and responsibil/ty for the safe handling, storage, transportation and deployment of the materials shall be borne by the subcoa/xactor. ~ liability, assumption of risk and responsibility shall remain with the subcontractor until the mater/als are deployed at the pertained reef site in accordance with the specifications in this Agreement. PAYMENT SCHEDULE 11. The County shall be reimbursed by the Commission in the form of a single final payment for all allowable costs incurred under this Agreement following satisfactory completion of the project and submission of all required project close out documentation no later than forty-five (45) days after the ending date of the Agreement. A timely reimbursement request following completion of actual field operations is strongly encouragecL PERFORMANCE 12. A Materials Placement Report shall be submitted to the Commission's Project Manager within 30 days of field operations completion. The Materials Placement Report shall reflect an accurate material tonnage for the reef deployed as well as a detailed description of the type, number, dimensions and individual weights of the various sizes of reef materials deployed. This information may be submitted on the materials placement report in lieu of taking loaded and unloaded barge measurements, ff acculate individual weights of concrete units cannot be obtained or are not known, barge displacement measurements are required. The County's Project Manager or County employed designee shall then record tho waterline length, width and draft (to the nearest inch) of the loaded barge at all four (4' .... COmefFtb -calculate the average"displacement of water due to the weight'6f the-arfil//cial reef mater/als. ThO same barge measurements must be taken by either the County's Project Manager or County-employed designee when the barge returns to shore after the deployment has been completed. These measurements may not be taken while the barge /s offshore atthe deployment site. The barge measurements are to be included in the Mater/als Placement Report. 13. Written or electronically transmitted progress reports must be sent to the Commission's Contract Manager at no less than 60 day intervals be~nning from the date of execution of this agreement. A f'mal field report providing the designated observer's narrative of the reef deployment operation is required prior to reimbursement. 14. Any published articles related to this arl~cial reef activity should reflect the role of the USFWS Federal Aid in Sport Fisl~. Restoration Program in assisting in the funding of this activity. REST OF PAGE INTENTIONALLY LEFT BLANK OCT 0 9 2001 - 10- ATTACHMENT B (1) Salaries: (2) Fringe Benefits: Comptroller Contract Payment Requirements Depaf[.~ent of Banking and Finance, Bureau of Auditing, Voucher Processing Handbook (10107/97 Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of sewice. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of documentation representing the minimum requirements: ^ payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. , Fringe Benef'~ should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benef'~s will be based on a specif'~l percentage rather than the actual cost of fringe benefi'(s, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benef'~. ~ Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on Paid invoices/receipts. If nonexpendable Property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when se~ices are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specif~s that indirect costs will be paid based on a specif'~d rate, then the calculation should be shown. Pursuant to 216.346, Florida Statutes, a contract between state agencies including any contract involving the State University system or the State Community College system, the agency receiving the contract or grant moneys shall charge no more than 5 percent of the total cost of the contract or grant for overhead or indirect cost or any other cost not required for the payment of direct costs. mmpreq.224/rev.l 2/00 REST OF PAGE INTENTIONALLY LEFT BLANK -11- OCT 0 2001 ATTACHMENT C REQUIREMENTS OF THE STATE AND FEDERAL SINGLE AUDIT ACTS The administration of funds awarded by the Commission to the Contractor/Grantee may be subject to audits and/or monitoring by the Commission as described in this section. MON~ORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see 'AUDITS' below), monitoring procedures may inciude, but not be limited to, on-site visits wy Commission staff, limited scope audits as defined by OMB Circular A-133, as revised, an.d/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. In the event the Commission determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Commission 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 govemment or a non-prot"~ organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a sb~gle or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT I to this agreement indicates Federal funds awarded through the Commission 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 Commission. 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. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the recipient expends less than $300,000 in Federal awards in its t'~,cal 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 t"=cal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than Federal entities). - 12 - OCT G 2001 PART I1: STATE FUNDED This part is applicable if the recipient is a non-state entity as defined by Section 215.97(2)(1), Florida Statutes. 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 e~cess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specir= audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable roles of the E~cutive Off'=e 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 Commission 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 commission except that State awards received by a non-state entity for Federal program matching requirements shall be e)c_,luded 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). '-" PART II1: 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. Jori Doddll, Environmental Administrator Florida Fish and Wildlife Conservation Commission 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600; and Audit Director Florida Fish and Wildlife Conservation commission 620 South Meridian Street Bryant Building, Room 138 Tallahassee, Florida 32399-1600 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 ((f)(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 10~ Street jeffemonville, IN 47132 - 13 - p..J9 _ 2 C. Other Federal agencies and pass-through entities in accordance with Sections .320(e) and (f), OMB Cimular 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 Commission at each of the following addresses: Jon Dodrill, Environmental Administrator Florida Fish and Wildlife Conservation Commission 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600; and Audit Director · Florida Fish and Witdlife Conservation Commiss~n 620 South Meridian Street Bryant Building, Room 138 Tailahassee, Florida 32399-1600 Copies of reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. Jon Dod[ill, Environmental Administrator Florida Fish and Wildlife Conservation Commission 620 South Meridian Street, Box MF-MFM Tallahassee, Florida 32399-1600; and Audit Director Florida Fish and Wildlife Conservation Commission 620 South Meridian Street Bryant Building, Room 138 Tallahassee, Florida 32399-1600 B. The Auditor General's Off'me at the following address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 Any reports, management letters, or other information required to be submitted to the Commission 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. Recipients, when submitting audit reports to the Commission 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 J~,~;Lm-P~anyiD-g .the-~audit report. The Commission's Contract Manager will review audits and require the recipi~ e~-,eptions in writing and in a timely manner. ltto re~pond to any au. lit Audits required herein must be submitted no later than six (6) months following the end of the recipient's fiscal year. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of three (3) years from the date the audit report is issued, and shall allow the Commission or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available to the Commission or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Commission. REST OF PAGE INTENTIONALLY LEFT BLANK ' - A~:)A ITEM OCT 0 9 2001 A'['17ACITN~.N"~ D FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS ~ate Granl Proarams Chapter 1 Summary Psrl $~:} Federal Aid Comollance Reaulrements, 523 ~ 1,1 1,1 Purpose. The purpose of this chapter is to summarize guidance on those requirements generally applicable to grant programs. 1.2 Applicability and Scope. In accepting Federal lunds, States and other grantees must comply with all applicable Federal laws, regulations, and policies. This chapter is not sQl-inclusive. Exclusion ol any specific requirement does not relieve-grantees of their responsibility for compliance. Copies ot reference materials can be obtained from the Regional Offices. Guidance on the following requirements is contained in this chapter. A, Nondiscrimination Requirements. Title VI ot the Civil Rights Act ef t964 Section 504 of the Rehabilitation Act of 1973 Age Discrimination Act of 1975 Title IX of the Education Amendments of 1972 B, Environmental Requirements. - Coastal Zone Management Act of 1972 Executive Order 11987, Exotic Organisms Endangered Species Act of 1973 National Environmental Policy Act of 1969 (NEPA) Floodplains and Wetlands Protection Animal Welfare Act of 1985 Coastal Barrier Resources Act of 1982 C. Historic and Cultural Preservation Requirements. National Historic Preservation Act of 1966 D. Administrative Requirements. Uniform Relocation Assistance and Real Property (2) U,S, Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requiremenls (3) U.S. Fish and Wildlife Service Federally Assisted Program Implementation Plan C. Requirements, (1) Grantees may nol, on the basis of race, color, or national origin, select, locate, or operale proiect facilities which will serve to exclude or limit opportunity for use or benefits. (2) Grantees shall make reasonable efforts to inform the public of opportunities provided by Federal Aid projects and shall inform the public that the proiects are subiect to Title VI compliance, (3) Though employment practices are not in themselves subject to Title VI, Title VI does apply to employment which may affect the delivery of services to beneficiaries of a federally'assisted program. For the purpose of Title VI, volunteers or other unpaid persons who provide services to the public are included, 1,4 Section 504 of the Rehabilitation Act of 1973 (29 U:S,C, 795) A. Summary. Ensures that no qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefits of, or be subiected to discrimination under any program or activity receiving Federal financial assistance. B, References. (1) Regulations of the Department of the Interior (43 CFR Part 17) (2) U.S. Fish and Wildlife Service Guidelines for Compliance with Federal Nondiscrimination Requirements (3) U.S. Fish and Wildlife Service Federally Assisted Acquisition Policies Act of 1970 Debarment and Suspension Drug-Free Workplace Act of 1988 Restrictions on Lobbying {P,L. 101-121) 1.3 Title VI of the Clv!l Rights Act of 1964 (42 U.S.C. Program Implementation Plan C. Requirements. (1) G~antees may not deny a qualified handicapped person the opportunity to participate in or benefit from Federal Aid project facilities or services afforded to others, (2) Grantees may not deny a qualified handicapped person 2000(d)). A. Summary. Prohibits discrimination based on race, color, or national origin in any 'program or activity receiving Federal financial assistance,' the opportunity to participate as a member ota planning or advisory board. (3) The location of facilities shall not have the effect of excluding handicapped persons from, deny them the benefits of, or otherwise subject them to discrimination under any Federal Aid proiect. AGENOA ITFJ~ 1.5 Age Discrimination Act o 197~2 U~S~.~. ~01) B, References. (1) Regulations of the Department of the Interior (43 CFR Part 17) 12/17/92 FWM 061 New OCT 0 9 2001 STaTuE C~T PROGR, FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS State Grant proaram~ Par1 ~23 Federal Aid Corn~llance Reaulrements Chapter 1 Summary A, Summary, Requires that every proposed Federal action be examined to determine the effects (beneficial or adverse) it will have on the human environment and that the findings be considered in decisions regarding its implementation, B. References. {1) Regulations of the Council on Environmental Quality implementing the procedural provisions of NEPA, (40 CFR t 500. ~ 5o8). (2) Departmental Manval, Environmental Quality, Part 516. (3) Fish and Wildlife Service Manual, National Environmental Policy Act, Part 550. (4) National Environmental Policy Act Handbook for Federal Aid Projects. The Assistant Director-Fish and Wildlife Enhancement is authorizedto promulgate the National Environmental Policy Act H~ndbook for Federal Aid Proiects. C. Requirements, Each action proposed for Federal funding must include an Environmental Assessment (EA), Environmental Impact Statement (ELS), or show that the proposed activity is covered by one or more categorical exclusions. For specific requirements and procedures, see ........ Nafloi~al EnVironmentaI-P°licy Act {NEPA) Handbook for Federal Aid Projects. 1.11 Floodplains and Wetlands Protection. A. Summary, Federal Aid funds may not be used for projects affecting floodplains or wetlands unless there is no practical alternative outside the floodplain or wetland and only it actions are taken to minimize the adverse effects. B. References. (1) Executive Order 11988, Floodplain Management, 42 FR 26951 (May 25, 1977). (2) Executive Order 11990, Protection of Wetlands, 42 FR 26961 (May 25, 1977). (3) D~partment of Interior Procedures for Implementation, 52O DM 1. (4) Natural Resources Protection, 613 FW, C. Requirements, The Executive orders on floodplains and wetlands require Federal agencies to review proposed actions to ensure that there are no practical alternatives outside the floodplain or wetland, and to ensure that potential harm is minimized. It there are no practical alternatives to proposed proiects in floodplains or wetlands, 523 FW 1.10A B, References, Regulations of the Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), 9 CFR Parts 1, 2 and 3 (54 FR 36112 (Aug, 31, 1989). C, Requirements, Grantees who use Federal Aid funds to conduct covered management or research or who engage in interstate shipment of animals should contact the local Animal and Plant Health Inspection Service (APHIS) office for instructions. A list of the APHIS offices may be obtained from the Regional Offices, 1,13 Coastal Barriers Resources Act of 1982 (16 U.S,C. 3501), as amended by the Coastal Barrier Improvement Act of 1990 (P,L. 101-591) A, Summery, The purpose of the Acts are "...to minimize the loss ot human life, wasteful expenditure ot Federal revenues and damage to fish and wildlife, and other natural resources associated with coastal barriers...' B, References. U.S. Fish and Wildlite Service Advisory Guidelines, 48 FR 45664 (Oct. 6, 1983), C, Requirements, Activities conducted within a unit of the Coastal Barrier Resources System must meet the requirements of section 6 of the Act. Section $ requires consultation with the Service, via the appropriate Regional Office. 1,14 National Historic Preservation Act of 1965, 16 U,S,C, 470, A. Summary. Federal agencies may not approve any grant unless the project is in accordance with national policies relating to the preservation ot historical and cultural properties and resources. B. References. (1) National Register of Historic Places (36 CFR 60). (2) The Archeological and Historic Preservation Act ol 1974, 16 U,S.C. 469a. (3) Procedures for the Protection of Historic and Cultural Properties (36 CFR 800). (4) Determinations of Eligibility for Inclusion in the National Register of Historic Places (36 CFR 63). (5) Criteria for Comprehensive Statewide Historic Surveys and Plans (36 CFR 61). (6) Cultural Resources Protection, 614 FW, actions to minimize the adverse effects should be incorporated into the proiect plans, 1.12 Animal Welfare Act of 1985, 7 U,S.C, 2131, et seq, A. Summary, Requires the humane treatment of animals (exclusive of fish) used in research, experimentation, testing, and teaching. C. Requirements. (1) States must consult with the S Officer (SHPO) for those activities! defined as undertakings under the Preservation Act. An undertaking activity, or program that can resull 12117/92 FWM 061 atiol~~ "-' defined as a proiect, c~sOn~h~.O01 TAT E~RAN-T--IH=~RA M FISH AND WILDLIFE SERVICE )STATE GRANT PROGRAMS State Grant Proararrt~ Part 523 Fvderal Aid Compliance ReQulremenl~ $23 FW 1,14C('~ may adversely effect it .- ~ _-'~ ~e suspended. The Service shall provide Ihe State ?, .... structions on how to proceed. 1.15 Uniform Relocation Assistance and Real Property Acquisition Pollcles Ac', ~f 1970, as amended (42 U,S.C. 4601) A. Summary. Federal agencies may nol approve any grant unless the grantee provides Assurances that it will comply with the Act. Prices tO be ;~[d for lands or interests in lands must be fair and reasonable (except when the price is fixed by law, or when the lanes are to be acquired al public auction or by condemnation and the value determined by the court). Persons displaced from their homes, businesses, and farms must receive relocation services, compensation, and fair equitable treatment. B. References. (1) Department of Interior Uniform Relocation Assistance and Real Property Acquisition Regulations (41 CFR 114-50). (2) Department of Transportation Uniform Relocation Assistance ~nd Real Property Acquisition for Federal and Federally Assisted Programs (49 CFR Part 24). C. Appraisal Requirements. Chapter 1 Summary character or use of properties that are listed on or potentially eligible for listing on the National Register of Historic Places (National Register) and located within the project's area of potential effecL Undertakings include new and continuing projects, activities, or programs and any of their elements not previously considered under Section 106 of Ihe National Historic Preservation Act. (2) In cases where a Federal Aid project has been determined to be an undertaking, the Stale must notify the appropriate Service Regional Director for guidance on how to proceed with Section 1'06 compliance, Based on the results of the consultation between the State and SHPO, the Service will determine the need and level of inventory lo identify historic properties that may be affected by the undertaking and to gather sufficient information to evaluate whether these properties are listed or are eligible for listing in Ihe National Register. (3) Where completed inventories indicate that identified historic properties may be affected by the undertaking, the State shall be responsible for submitting the necessary documentation to the appropriate Regional Director for review. As necessary, the Service shall seek determinations of eligibility for those properties that are to be affected by the proposed activity. (1) .A real property owner or his designated representative .... (4)' If a State is advised by the'SHPO that an und'erta~<ing must be contacted prior to making an appraisal and given an will adversely affect a property that is eligible for or lisled on opportunity to accompany the appraiser during inspection of the property. The fact that it occurred must be documented in project files and in the appraisal report. (2) Real property must be appraised, the appraisal report reviewed, and the fair market value established prior to initiation of negotiations with the owner. (3) If the acquisition of only part of a property will leave the owner with an uneconomic remnant, the State or other grantee must offer to buy the whole property. The term 'uneconomic remnant' applies only to Title III of the Act and the necessity of the acquiring agency to offer to purchase such a remainder or the andre property. It is not to be construed with the term 'uneconomic unit' as it applies to the in-lieu payment of farm operations under Title II of the Acl. D, Negotiation Requirements. (1) An owner or his designated representative must be provided, in person or by certified mail, a written statement of just compensation as determined in Ihe appraisal process. Offers of compensation cannot be less than the approved appraisal of fair market value of such property. If only a portion of the owner's property is being taken and the owner is left with an uneconomic remnant, the agency must offer to buy the whole property. (2) Reimbursement to a real property convey a lille must include: the National Register, the State shall ask the appropriate Regional Director to determine measures for mitigating or avoiding impacts. This may require the development of a memorandum of agreement among the Service, State, and State Historic PreserVation Officer to address specific measures that will be employed to avoid or minimize adverse effects to historic properties located within the area of potential effect. Adverse effects that may diminish the character and integrity of historic properties include: (a) Physical destruction, damage, or alteration of all or part of the property; (b) Isolation of the property from or alteration of the character of the property's setting when lhat character contributes to the property's qualification for Ihe National Register of Historic Places; (c) Introduction of visual, audible, or atmospheric elements Ihat are out of characte¢ with the property or alter its setting; (d) Neglect of a property resulting in its deterioration or destruction; and (e) Transfer, lease, or sale ol the historic properly. (5) If a previously unknown property that is eligible for listing on the National Register is discovered at any time during the implementation period of a Federal Aid projecl, the Regional Director must be notified and all actions which STA' GRANT PROGRAMS FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS ~tata Grant Pr~orams Chapter 1 Summary (a) Recording fees, transfer taxes, and similar costs; (b) Penalty cost for prepayment of pre.existing recorded mortgage; and (c) Pro-rata portion Gl real property taxes allocable to a period subsequent to the date of vesting title. (3) All displaced persons (owners and tenants) must be provided information on their relocation benefits. E. Relocation Assistance to Displaced People. (1) A relocation plan must be prepared for displaced persons so that problems associated with displacement of individuals, families, businesses, farms and nonprofit organizations are known at an early stage in a project's development (see 49 CFR 24.205). Planning may involve the following: (a) Who and what will be displaced. (b) The estimated number of dwellings, businesses, farms, and nonprofit organizations displaced, including rentals. This estimate should contain: (I) Currently available replacement housm§, businesses, farm, and organization sites; (ii) Approximate number of employees affected; (111) Types of buildings, number, and size of rooms; (iv) The needs of those displaced (i.e. lifestyle); and (v) Type of neighborhood, distance to community facilities, church, etc. (c) List of comparable replacement dwellings, including rentals, available on the market within a 50-mile radius (specialized units may require expanding radius). When an adequate supply of comparable housing is not expected to be available, consideration of Housing of the Last Resort actions should be instituted. (d) Estimate of cost of replacement housing by purchase and/or rental per displaced person, and consideration of special needs like the elderly or handicapped. (e) Estimate of cost for moving. (2) Advisory Services for Displaced People. Advisory services must be provided for all persons occupying property to be acquired and for all persons who use such real property for a business or farm operation. Eligibility requirements and corresponding benefits must be explained to all displaced persons. Assistance must be provided to persons completing claim forms, obtaining moving services, and obtaining proper housing. (3) Payment for Relocation of Displaced Persona, Relocation expenses must be paid to a displaced person who purchases and occupies a replacement dwelling. 12/17/92 FWM 061 part 523 Federal Aid CQrlll~llance Rec]ulrements 523 FW 1.15D¢21¢ai Moving and related expenses will be provided to displaced persons residing on real property including those persons owning a business or a farm. All payments must comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 1.16 Debarment and Suspension A. Summary. Executive Order 12549, Debarment and Suspension, directs that persons debarred or suspended by one Federal agency from receiving grants may nqt receive grants from any Federal agency. B. References. (1) Executive Order 12549, Debarment and Suspension, Feb. 18, 1986. (2) Department of Interior Rules, Governmentwide Debarment and Suspension (Nonprocurement), 43 CFR 12.100 - 12.510 C. Requirements. (1) States and other grantees must submit the certification for Primary Covered Transactions (D1-1953). States certify as to their 'principals', not the State agency. State principals are commissioners, directors, project leaders, or other persons with primary management or supervisory responsibilities, or a person who has a critical influence on or substantial control over Federal Aid projects. States may provide the certification annually. Other grantees must provide the certification with each Application for Federal Assistance. (2) States and other grantees must obtain from their subgrantees and contractors a certilication for Lower Tier Covered Transactions (D1-1954). A certification is not required for small purchase procurements, currently defined as less than $25,000. These certifications are normally provided with an application or proposal from a subgrentee or contractor. (3) States and other grantees must not make any award, either by subgrant or contract, tO any party which is debarred or suspended or is otherwise ineligible under provisions of Executive Order 12549. The U.S. General Services Administration maintains a list of parties debarred, suspended, ineligible or excluded from participation in Federal grants under the provision of the Executive order. A copy of this list Is available, upon request, from the Regional Director. 1.17 Drug-Frae Workplace Act of 1988. A. Summary. The Drug. Free Workplace Act requires that all grantees certify that they will wo,kplace. B. References. Department o Interll~~g---I~ree Workplace Requirements, 43 C~ 12.600_-63~5n FISH AND WILDLIFE SERVICE STATE GRANT PROGRAMS State Grant ProGrams Chaoter 1 Summary C. Requirements. Grantee organizations must: (1)' Establish (and publish) a policy that informs employees that the manufacture, distribution, possession, or use of a controlled substance in the workplace is prohibited; (2) Establish an awareness program to inform employees of the dangers of drug abuse in the workplace; and (3) Provide a drug-free workplace certification to the Department of Interior or U.S. Fish and Wildlife Service. The forms fo~ providing the certification are available from the Regional Director, State agencies may certify annually. It the State agency is covered by a consolidated certification for all State agencies, a copy of the consolidated certification should be submitted to the Regional Director. (The original is retained by the State.) Grantees other than State agencies must submit the certification with each Grant Agreement. 1,18 Restrictions on Lobbying (P.L. 101-121) A. Summery, Prohibits the use of Federal appropriated funds for lobbying either the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. B, References. Department of the Interior Rules, 43 CFR Part 18, New Restrictions on Lobbying. C, Requirements, (1) Recipients of Federal grants are prohibited from using Federal appropriated funds, e,g. grants, to pay any person for intluencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, or an employee of a member of Congress in connection with a specitic contract, grant, loan, or cooperative agreement. (2) Proposals for grants in excess of $100,000 must contain a certification that no part of the funds requested will be used lot lobbying, Copies of the certilication lotto, Form D1-1963, can be obtained from the Regional Offices. (3) Recipients of grants in excess of St00,000 must file a disclosure form on lobbying activities conducted with other than F~deral appropriated funds. Form SF.LLL and SF-LLL-A, Continuation Sheet, shall be used tot this purpose, Copies of the forms can be obtained from the Regional Offices, Part 523 Federal.Aid Com~llance Re<iulremenl1~1_ 523 FW 1.17~., OCT ;5-! STAt~'i~ GE~ PROGR~ EXHIBIT- I FEDERAL FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Agency: Federal Program: CFDA Number: State Agency: State Program: Recipient: Amount: U.S. Fish and Wildlife Service Federal Aid in Sport Fish Restoration Program 15.605 Florida Fish and Wildlife Conservation Commission Division of Marine Fisheries Artificial Reef Grants Program Collier County Board of County Commissioners $25,000 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL FUNDS AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 1. Only the goods and/or services described within the attached Agreement and Attachment A are eligible expendiatres for tho funds awarded. 2. All provisions of Section 370.25, Florida Statutes and Rule 68E-9, Florida Administrative Code must be complied with in order to receive funding under this Agreement. 3. The Grantee must comply with the requirements of all applicable laws, rules or regulations relating to this artificial reef project. STATE FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING FUNDS FOR FEDERAL PROGRAMS: NONE SUBJECt TO SECTION 215.97, FLORIDA STATUTES (Florida Single Audit Act): NONE COMPLIANCE REQUIREMENTS APPLICABLE TO THE STATE FUNDS AWARDED PURSUANT TO ~,q AGItF~EMENT ARE AS FOLLOWS: NONE NOTE: Section .400(d) of OMB Circular A-133, aa revised, and Section 215.97, Florida Statutes, require that the information about Federal and State projects included in Exhibit I be provided to the recipient. ~,'c~ ~ IXEM REST OF PAGE INTENTIONALLY LEFT B .A K .q 2001 C:',WP~XH1Brr Lwpd - 16- EXECUTIVE SUMMARY ADOPT RESOLUTIONS ENFORCING LIENS ON PROPERTIES FOR CODE VIOLATIONS OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates the Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 03/19/00 b. Notice of Violation served 08/07/00 c. Notice of Violation Posted n/a 2000070992 Humphries, Charles C. d. Unabated nuisance verified 08/21/00 $1,475.00 & Joan R. e. Nuisance abated with public funds 12/26/00 f. Owner invoiced for costs 01/06/01 a. Violation determined 02/15/01 b. Notice of Violation served 03/07/01 2001030291 Avery, Douglas Lee & c. Notice of Violation Posted n/a d. Unabated nuisance verified 04/26/01 $1,050.00 Gordon L. e. Nuisance abated with public funds 07/05/01 f. Owner invoiced for costs 07/31/01 0CT 0 9 2001 a. Violation determined 06/01/01 b. Notice of Violation served 06/12/01 2001060199 Santoro, Frank c. Notice of Violation Posted 06/26/01 d. Unabated nuisance verified 06/26/01 $255.00 e. Nuisance abated with public funds 07/03/01 f. Owner invoiced for costs 07/28/01 a. Violation determined 05/21/01 b. Notice of Violation served 05/24/01 2001050882 J M K Industries, Inc. c. Notice of Violation Posted 06/11/01 d. Unabated nuisance verified 06/25/01 $255.00 e. Nuisance abated with public funds 06/26/01 f. Owner invoiced for costs 07/12/01 a. Violation determined 05/17/01 b. Notice of Violation served unclaimed 2001050861 Baron, Mimon c. Notice of Violation Posted 06/13/01 d. Unabated nuisance verified 06/25/01 $255.00 e. Nuisance abated with public funds 06/26/01 f. Owner invoiced for costs 07/12/01 a. Violation determined 05/17/01 b. Notice of Violation served undeliverable 2001050773 Lee, Daniel Thomas & c. Notice of Violation Posted 05/29/01 d. Unabated nuisance verified 06/11/01 $350.00 Donna Marie e. Nuisance abated with public funds 07/17/01 f. Owner invoiced for costs 07/23/01 a. Violation determined 04/04/01 b. Notice of Violation served 04/26/01 2001040609 Gomez, Jesus c. Notice of Violation Posted 05/04/01 d. Unabated nuisance verified 05/18/01 $380.00 e. Nuisance abated with public funds 07/17/01 f. Owner invoiced for costs 08/07/01 a. Violation determined 05/01/01 b. Notice of Violation served unclaimed 2001050130 Carter, Douglas L. 8,: c. Notice of Violation Posted 05/10/01 d. Unabated nuisance verified 05/22/01 $380.00 Sandra J. e. Nuisance abated with public funds 07/17/01 f. Owner invoiced for costs 07/31/01 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. FISCAL IMPACT: A total reimbursement of $4,400.00 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 $100.00, which is budgeted and available in the current fisl ,,~~~ Enforcement budget. ,,- ~ /~/~ .~_ OCT 0 9 2001 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: Iliana Martinez, Custome-'~- ~ ~epr~t,i..9)e II Code Enforcement DATE: REVIEWED BY: ~ _~.. <: ...~ -~? ....... Janet Powers, Operations Manager Code Enforcement SUBMITTED BY: Michelle Edwards Arnold, Director Code Enforcement A~ROVED BY: f: Joh~-M. Dunnuck III, Administrator Cor~munity Development & Environmental Services DATE: BOARD OF COUNTY COMMISSIONERS TItROUGIt ITS CODE ENFORCEMENI' DEI'ARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN tlUMPHRIES, CHARLES C. & JOAN R. DATE: 1311 ALItAMBRA CIR CORAL GABLES, FL 33134 REF. INV.# 1755 FOLIO #: 1207280004 LIEN NU~IBER: I.EGAL DESCRIPTION: Lot 12, of unrecorded plat of Plantation Island, All Waterfront Mobile ilome Sites, lying North of Half-Way Creek; from the north quarter corner of section 24, township 53 south range 29 east, Collier County, Florida, run south 0 17' west 740.64 feet; thence north 86 27' west 889.82 feet for a point of beginning. Thence south 3 33' west 50 feet; thence north 86 27' west 145 feet; thence north 3 33; east 50 feet; thence sonth 86 27 east 145 feet to the point of beginning. 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 Augt~st 21, 2000, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: EXOTICS: ACCUMULATION OF PROIliBITED SPECIES ON [~'IMPROVEI) LAND LOCATED W1TItlN 200' OF IMPROVED, SUIIDIVII)EI) PROPERTY. You failed to abate such nuisance; whereupon, il was abated by the expenditure of public funds at a direct cost of ONE TllOUSAND TWO-IIUNDRED SEVI,;NTY-FIVE ($1,275.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of ONE TIIOUSAND FOUR- HUNDRED SEVENTY-FIVE ($1,475.00) 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 nolice of assessment. You may request a hearing before the Board of County Commissioners to show cat, se. if an5', why the expenses and charges incurred by the County under County Ordinance No. 99-5 l are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center. 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten 10) days from the date of this notice. F: LIENS/MSTR LNAL AGEhiOA ITEI~ OC'VO, 200 1 2 3 6 $ 9 10 ti t2 t3 14 15 16 1'7 I$ 19 20 21 22 23 24 25 26 2? 28 29 30 31 32 33 34 35 36 37 38 39 40 42 45 4'7 49 50 51 52 53 54 55 56 58 59 60 6! 62 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSION~ERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TIlE 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 pi-escdbcd administl'adve cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12Cc) per annum. NO\V, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL.~TY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as folloxxs. having been abated of a public nuisance after due and proper notice thereof to the oxx ncr(s) of said propert)', is hereby assessed the following costs of such abatement, to wit: NAME: HUMPHRIES, CHARLES C. & JOAN R. LEGAL DESCRIPTION: Lot 12, of unrecorded plat of Plantation Island, All Waterfront Mobile Home Sites, lying North of Half-Way Creek; from the north quarter corner of section 24, township 53 south range 29 east, Collier Count>', Florida, run south 0 17' west 740.64 feet; thence north 86 27' west 889.82 feet for a point of beginning. Thence south 3 33' west 50 feet: thence north 86 27' west 145 feet; thence north 3 33; east 50 feet; thence south 86 27 east 145 feet to the point of beginning. COST: $1,475.00 REFERENCE#: 1755 FOL10 #: 1207280004 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 pa)' such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY' Deputy Clerk Approved as to form and legal sufficiency: Thomas ~ P~lr~er, Assistant County Attorney F: LIEN/MSTR RESOLUTION BY: James D. Carter, Ph.D., Chairman AC.~A ITEM OCT 0 9 2001 BOARD OF COUNTY COMMISSIONERS TilROUGIt ITS CODE ENFOI/CEMENT DEPARTMENT COLLIER COUNTY, FLORIDA I.EGAL NOTICE OF ASSESSMENT OF LIEN AVERY, DOUGLAS LEE & GORDON LEE DATE: 8471 PORTLAND PL MC LEAN, CA 22102-1730 REF. INV.# 1875 FOLIO # 77821480007 LIEN NUMBER: I.EGAL DESCRIPTION: Lot 45, Turner Oak ltill Estates, Inc., a/k/a Lot 45, Oak ttill Estates, Inc., according to plat in Plat book 9, page 114, Public Records of Collier County. 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 April 26, 2001, order the abatement of a certain nuisance existing on the above property prohibited bb' Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: LITTER: ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by tile expenditure of public funds at a direct cost of EIGttT IIb,NDRED FIFTY ($850.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a tolal of ONE TItOUSAND FIFTY ($1,050.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida. shall become a lien on 3'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 an3', x~ hy tile 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 proper~y. Said request for hearing shall be made to the County Administrator, Government Center, 3301 Tamia,ni Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. AC.~A ~TE.~ 0g'f 200 pg. 0 F: LIENS/MSTR LNAL I o 7 $ 9 10 11 12 13 1.4 15 Ira 1'7 IS 19 20 21 22 23 24 2O 27 25 29 30 31 32 33 34 35 36 37 35 39 .10 .11 .42 .43 .14 47 .49 5O 51 52 53 5.4 55 56 5'/ 58 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMNIISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TIlE COST OF TIlE 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 administrative cost incurred by the County, shall be assessed against such properly; 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 properly against v. hich made unlil paid; and \VHEREAS. the assessment shall become due and payable no later than menty t20) days of tile date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance bebinning on the date this Resolution is recorded at the rate of tv. elve percent (12.~) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COL.~":TY. FLORIDA, that tile properly described as follouts. ha\lng been abated of a public nuisance after due and proper notice thereof to the ownerts) of said property, is hereby assessed the following costs of such abatement, to wit: N.-\.ME: AVEIIY, DOUGLAS LEE & GORDON LEE I.EGAL DESCRIPTION: Lot 45, Turner Oak Ilill Estates, Inc.. a/k/a Lot 45, Oak tlill Estates. Inc., according to plat in Plat book 9, page 114, Public Records of Collier County. COST: $1,050.00 REFERENCE#: 1875 FOLIO #: 77821480007 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of tile above described property, and if such ox~ ncr fails to pay such assessment within tv, enty (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 property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of Count>' Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: ?~.j~,~ Thomas C. Palmer, Assistant County Attorney F LIEN,' MSTR RESOLUTION BY: James D. Carter, Ph.D. ,Chairman AGENOA ITEM OCT 0 9 2001 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT I)FA'ARTMi,;NT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN SANTORO, FRANK 1388 OSPREY AVE NAPLES, FL 34102-3407 DATE: REF. INV.# 1878 FOLIO # 22421040009 LIEN NUMBER: I,EGAL DESCRIPTION: Lot 28, ARLINGTON TERIL-~CE, according to the plat thereof, as recorded in plat book 3, page 64, of the public records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 26, 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: WEEDS: ACCLBIULATION OF WEEDS, GRASS, OR OTtlER NON-PROTECTED OVERGROWTlt IN EXCESS OF EIGIlTEEN (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 administrative cost of Two-hundred ($200.00) dollars for a total of TWO-IIUNDRED FIFTY-FIVE {$255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. Florida, shall become a lien on your properly within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Govemment Center, 330I Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL AG~_NDA ITF..J,~ OCT 0 9 200i Pg. 1 3 4 5 6 7 8 9 1o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 RESOLUTION NO. 2001- . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TtlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12~g) per annum. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: SANTORO, FRANK LEGAL DESCRIPTION: Lot 28, ARLINGTON TERRACE, according to the plat thereof, as recorded in plat book 3, page 64, of the public records of Collier Coullly, Florida. COST: $255.00 REFERENCE#: 1878 FOLIO #: 22421040009 The Clerk shall mail a Notice of Assessment of Lien to tile mxner(s) of tile above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of ,2001. ATrEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assis an y Attorney F: LIEN/MSTR RESOLUTION BY: James D. Carter, Ph.D., Chairman 2ool BOARD OF COUNTY COMMISSIONERS TItROUGH ITS CODE ENFORCEMENT DEPAIITMI'iNT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN J M K INDUSTRIES INC., A Florida Corporation 2375 TAMIAMI TRAIL N. NAPLES, FL 34103 REF. INV.# 1874 DATE: FOLIO # 31055005252 LIEN NUMBER: LEGAL DESCRIPTION: Lot 22, Block M, Embassy Woods Golf & Country Club at llrettone Park, Phase One, according to the Plat thereof recorded in Plat Book 17, Page 47, Public Records of Collier Count)', Florida. You, as the owner(s) of the property above-described, as recorded in tile records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on June 25, 2001, order tile abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon )ou. The nuisance WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTItER NON-PI{OTF~CTEI) OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCITES.. You failed to abate such nuisance; v, hereupon, it v, as abated by the expenditure of ($55.00) DOLLARS plus an administrative cost of of TWO ttUNDRED FIFTY-FIVE ($255.00) public funds at a direct cost of FIFTY.FIVE Two-hundred ($200.00) dollars for a total DOLLARS. Such cost. by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property within twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the 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. OCT 0 9 2001 F: LIENS/MSTR LNAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 [9 2O 21 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 6O 61 RESOLUTION NO. 2001- A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and \VHEREAS, 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 bce. inning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to thc oxxner(s) of said properly, is hereby assessed the following costs of such abatement, to wit: NAME: J M K INDUSTRIES, INC., a Florida Corporation LEGAL DESCRIPTION: Lot 22, Block M, Embassy Woods Golf & Country Club at Brettone Park, Phase One, according to the Plat thereof recorded in Plat Book 17, Pnge 47, Public Records of Collier Count)', Florida. COST: S255.00 REFERENCE#: 1874 FOLIO/4:31055005252 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified cop>' of this Resolution shall be recorded in the official records of Collier County. to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this ~ day of ,2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CO*IMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: _ , Thomas'C. Palmer, Assistant Co y Attorney F: LIEN/MSTR RESOLUTION BY: James D. Carter, Ph.D.,Chairman rrr OCT 0 9 200! BOARD OF COUNTY COMMISSIONERS TIIROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BARON, MIMON DATE: 2375 TAMIAMI TR N STE 300 NAPLES, FL 34103 REF. INV.# 1877 FOLIO # 55200240000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, Lely Country Club, MUIRFIELD, according to the plat thereof as recorded in Plat Book 14, Page 75, of lhe Public Records of Collier County, Florida. You, as the oxvner(s) of the property above-described, as recorded in the records maintained by the office of the Proper~y Appraiser, are hereby advised that the Code Enforcement Director, did on June 25, 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: WEEI)S: ACCUMULATION OF WEEDS, GRASS, OR OI'IIER NON-PROTECTED OVERGROWTII IN EXCESS OF EIGHTEEN (18) INCIIES IN ItEIGIIT. You failed to abate such nuisance; ~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 Txvo-hundred ($200.00) dollars for a total of TWO*ttUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County. 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, 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, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (i0) days from the date of this notice. F: LIENS/MSTR LNAL ITEM OCT 0 9 200! 1 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 38 39 40 41 42 43 44 45 46 47 ,18 49 5O 51 52 53 54 55 56 57 58 59 6O 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, 1N 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 ,aith 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 (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as folloxxs. having been abated of a public nuisance after clue and proper notice thereof to tine oxxncr(s) of said property, is hereby assessed the follo,a lng costs of such abatement, to xxit: NAME: BARON, MIMON LEGAL DESCRIPTION: Lot 6, Lei)' Country Club, .MUIRFIELD, according to the plat thereof as recorded in Plat Book 14, Page 75, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 1877 FOLIO #: 55200240000 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pa.',' such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to lax',', unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of Count)' Commissioners of Collier Count),, Florida, this __ day of. 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION James D. Carter, Ph.D. ,Chairman OCT 0 9 2001 BOARD OF COUNTY COMMISSIONFAIS TIlROUGll ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAl. NOTICE OF ASSESSMENT OF I.II£N LEE, DANIEL TItOMAS, & DONNA M DATE: 4384 23~tr~ PL S~V NAPLES, FLORIDA 34116 REF. INV.# 1881 FOLIO # 35648120003 LIEN NUMBER: LEGAl, i)F. SCRIPTION: Lot I0, Block 13, GOLDEN GATE, UNIT NO. 1, according to the plat thereof, as recorded in plat Book 5, at pages 60 through 64, inclusive of the l'ublic Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director. did on June 11, 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: ~VEEDS/LITTER: ACCUMULATION OF V~'EEDS, GRASS, OR OTItER NON- PROTECTED OVERGROWTII IN EXCESS OF 18" AND PROilIBITED DL~iPING, ACCUSIULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance: x~hereupon, it was abated by the expenditure of public I'unds at a direct cost of ONE IlUNDRED FIFTY ($150.00) DOI.LARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TIIREE IIL~'DRED FIFTY ($350.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on 3'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 sbox~ 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 Administ,'ator, Government Center, 3301 Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. F: LIENS/MSTR LNAL OCT 0 9 200i 1 2 3 4 5 6 7 $ 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 3'/ 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 6l RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47. as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the properly against which made until paid; and WHEREAS, the assessment shall become due and payable no later than t,a'enty (20) days of the date of the Legal Nolice 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. NO\V, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that the property described as having been abated of a public nuisance after due and proper notice thereof to the oxxnerfs) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: LEE, DANIEL THOMAS, & DONNA M LEGAL DESCRIPTION: Lot 10, Block 13, GOLDEN GATE, UNIT NO. 1, according to the plat thereof, as recorded in plat Book 5, at pages 60 through 64, inclusive of the Public Records of Collier Count)', Florida. COST: $350.00 REFERENCE#: 1881 FOLIO #: 35648120003 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier Count.',', to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the ov,'ner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONq~RS COLLIER COUNTY, FLORIDA BY: 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 OCT 0 9 2001 BOAI/I) OF COUNTY COMNIISSIONERS TllROUGI1 ITS CODE ENI:ORCEMENT I)EPARTMENT COLIA ER COUNI'Y, FLORII)A LEGAL NOTICE OF ASSESSMENT OF LIEN JESUS GOMEZ DATE: 6034 SW 27TM STREET MIAMI, FL 33155 REF. INV.# 1886 FOLIO # 62102840009 LIEN NUMBER: I.EGAL DESCRIPTION: Lot 3, in BLOCK 14, OF NAPLES MANOR ADDITION, ACCORDING TO TIlE PLAT TIIEREOF, AS RECORDED IN PLAT BOOK 969, AT PAGE 621, OF TIlE 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 5lny 18, 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: WEEDS/IATTER: ACCUMULATION OF WEEDS, GRASS, OR OTIIER NON- PROTECTEI) OVERGROXA'TII IN EXCESS OF EIGtlTEEN 18" AND PP, OIIIBITED DL~IPING, ACCUMUI.ATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONFA) PROI'E P, TY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE IIUNI)RED EIGIITY ($180.00) DOLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of TIIREE IIUNDRED EIGttTY ($380.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, 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 Count,',' Commissioners to show cause, if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unwarranted or why such expenses should not constitute a lien against the property. Said request for hearing shall be made to the County Administrator, Government Center, 330l Tamiami Trail East, Naples, Florida 34112 in writing within ten (10) days from the date of this notice. A~A ITF..~ OCT O 9 2001 F: LIENS" MSTR LNAL 1 2 3 4 5 6 7 8 9 10 I1 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 4o 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6o 61 RESOLUTION NO. 2001- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel: and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than tx~cnty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) pet' annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follow, s, having been abated of a public nuisance after due and proper notice thereof to the owner(s') of said property, is hereby assessed the folloxving costs of such abatement, to wit: NAME: GOMEZ, JESUS LEGAL DESCRIPTION: Lot 3, in BLOCK 14, OF NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 969, AT PAGE 621, OF TIlE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. COST: $380.00 REFERENCE#: 1886 FOLIO #: 62102840009 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment within twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment by the owner. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2001. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COLrNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: 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 AGENDA Il'EM BOARD OF COUNTY COMMISSIONEIIS TtIROUGtl ITS CODE ENFORCEMENT I)EI'AIITMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CARTER, DOUGLAS L & SANDRA J DATE: 5337 JENNINGS STREET NAPLES, FL 34113 REF. INV.# 1885 FOLIO #: 62260720003 LIEN NLrMBER: LEGAL DESCRIPTION: Lot 26, 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 May 22, 2001, order the abatement of a certain nuisance existing on tile above proper~y prohibited by Ordinance No. 99-5t and served a notice of violation upon you. Tile nuisance is: WEEDS/LITTER: ACCL~IULATION OF VfEEDS, GRASS, OR OTIIER NON- PROTECTED OVERGRO~VTH IN EXCESS OF 18" AND PROtlIBITED DUMPING, ACCUMULATION, STOIL~.GE OR BURIAL OF LITTER, WASTE OR ABANI)ONED PROPERTY. You failed to abate such nuisance: whereupon, it was abated by tile expenditure of public funds at a direct cost of ONE ItUNDRED EIGItTY ($180.00) I)OLLARS plus an administrative cost of Two-hundred ($200.00) dollars for a total of THREE ItUNDRED EIGItTY ($380.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida. shall become a lien on your property v,'ithin twenty (20) days of the date of this legal notice of assessment. You may request a hearing before the Board of County Commissioners to show cause. if any, why the expenses and charges incurred by the County under County Ordinance No. 99-51 are excessive or unv,'arranted 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 (I0) days from the date of this notice. F: LIENS/MSTR LNAL A~A ITF. M OCT 0 9 2001 1 2 3 4 5 6 7 8 9 lO Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 RESOLUTION NO. 2001-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE. IN ACCORDANCE WITH ORDINANCE No. 99-51, AS SUCCESSOR TO ORDINANCE No. 91-47, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together v.,ith 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 menty (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 txvel`.'e percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the oxxncr(s) of said property, is hereby assessed the follox`.'ing costs of such abatement, to xxit: NAME: CARTER, DOUGLAS L. & SANDRA J. LEGAL DESCRIPTION: Lot 26, 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 Count}', Florida. COST: $380.00 REFERENCE#: 1885 FOLIO #: 62260720003 The Clerk shall mail a Notice of Assessment of Lien to the owner(s) of the above described property, and if such owner fails to pay such assessment v, ithin twenty (20) days hereof, a certified copy of this Resolution shall be recorded in the official records of 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 duly adopted by the Board of Count)' Commissioners of Collier County, Florida, this __ day of 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and legal s~ency: ~, I .... ~ Thomas C. ~almer, Assis[ant County Attorney F: LIEN/MSTR RESOLUTION BY: James D. Carter, Ph.D. ,Chairman AGENOA ITEIOl OCT 0 2001 EXECUTIVE SUMMARY 60-DAY EXTENSION OF THE 2001 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY OBJECTIVE: To have the Board of County Commissioners approve a 60-day extension of the 2001 Tourism Agreement between Collier County and the Tourism Alliance of Collier County. CONSIDERATION: On September 30, 2001 the Tourism Agreement between Collier County and the Tourism Alliance expired, due to issues regarding the method of expenditures the Clerk of Courts and the County's Legal Department have with the current agreement. The Clerk of Courts and the County's Legal Department have reviewed a recent Attorney General's Opinion that requires pre approval of expenditures by the Board of County Commissioners and have asked that we extend the Tourism Agreement with the Tourism Alliance for up to 60 days. The extension of the current agreement will provide the time to negotiate an agreement that is acceptable to all parties involved. FISCAL IMPACT: Funds are available in the Tourist Development Tax Fund 194. RECOMMENDATIONS: That the Board of Counts' Commissioners approve staffs recommendations and extend the Tourism Agreement xxith the Tourism Alliance for up to 60-days and authorize the Chairman to sign the second amended 2001 Tourism Agreement between Collier County and the Tourism Alliance of Collier County. -I,a~e E. Eichhom, TDC Coordinator Hrusing and Urban Improvement REVIEWED BY: APPROVED BY: ( ~acqt~line Hubbard Robinson ~hssistant Count5' Attorney Joi~a M. Dunnuck, Interim Admtmstrato Co~amunity Development & Environmental Services O£3' 0 g 2001 SECOND AMENDMENT TO THE 2001 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING/PROMOTION AND SPECIAL EVENTS THIS AGREEMENT, is made and entered into this ~ day of October, 2001, by and between Tourism Alliance of Collier County, 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 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 special events; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council (TDC) and the County to use Tourist Development Tax funds for advertisinffpromotion of Collier County nationally and internationally and special events; and WHEREAS, the COUNTY desires to fund advertisinffpromotion and special events pursuant to this Second Amended Agreement for a period of up to sixty (60) days (hereinafter "the extension period"), until a new agreement or method of expending Tourist Development Tax dollars has been decided upon; NOW, THEREFORE, BASED UPON THE ~MUTUAL COVENANTS AND PREM- ISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTU- AIJ~Y AGREED AS FOLLOWS: 1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit "A" the GRAN'TEE shall provide the advertising and promotion of Collier County and special events that qualify under the Tourism Alliance Special Event Application. 2. PAYMENT: The amount to be paid under this A~eement shall be for the remaining funds in the Tourism Alliance Fiscal Year 2001 Budget. All funding, including funding from the Fiscal Year 2002 Budget, during this extension period, shall be re and must receive the express approval of the Collier County Board of Countv Comn uestc~ITEl~ ssione~ OCT 0 9 200! - The GRANTEE shall, during the extension period, receive prior approval from the Collier County Board of County Commissioners or request reimbursement for all expenditures following the effective date of this Second Amended Agreement. 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 Exhibit "A" 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 provided, 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 accordance with this Agreement. Each invoice submitted by GR,.ANTEE 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." 3. ELIGIBLE EXPEN-DITURES Only eligible expenditures described in Exhibit "A" will be paid by COUNTY and only if inconformity with Para~aph 2 herein. Any expendi- tures 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 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 HoNda, and provide General Liability Insurance for no less than the following amounts: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DA~MAGE LIABII.1TY $300,000 each claim per person PERSONAL INJURY LIABILITY $300,000 each claim per person WORKER'S CO~MPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the County Manager 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. BI-WEEKLY REPORTS: GRANTEE shall provide to County bi-weekly reports during the extension period 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 14 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 during the extension per/od. 6. CHOICE OF VENDORS AND FAIR DEALING: GRAN~FEE may select vendors or subcontractors to provide services as described in Exhibit A. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. GRANTEE a~ees 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 A~eement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industrv standards. 7. INDEMNIFICATION: The GRANTEE shall hold harmless COU~NTY, and its agents and employees, from any and all suits and actions including. 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. 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: Tourism Alliance of Collier County George Percel 5395 Park Central Court Naples, Florida 34109 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 TDC Coordinator 3050 N. Horseshoe Drive, Suite 145 Naples, Florida 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. 9. NO PARTN-ERSHIP: 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. GRANTEE shall follow the Collier County Purchasing Procedures for all expendi- tures during the extension period. 10. TERM-DqATION: The COUNTY or the GRANTEE may cancel this Second Amended Agreement during the extension period with or without cause by giving 5 d written notice or' such termination, specifying the effective date of the terminati, COUNTY terminate'g this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors ,4nd 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 by COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of tourist development tax funds. The County at the conclusion of the extension period shall retain all unexpended and unencumbered funds. Upon termination of this a=m-ee- ment, GRANTEE shall provide the County with a full accounting of all expenditures, including funds from both the Fiscal Year 2001 and Fiscal Year 2002 Budgets. The accounting period shall include the extension per/od. 11. GENERAL ACCOUNTENG: 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 inform,ation 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 GR,4d',~TEE involving transactions related to this Agreement. 13. 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. 14. TERM: This Second Amended Agreement became effedtive on October 1, 2001 and shall terminate no later than December 1, 2(~01. 15. AVAILABILITY OF FUNDS This Agreement is subject to budget and collection of tourist development tax funds. 16. EVALUATION OF TOURISM EMPACT: If advertising and promotion: GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activin, ~t~rb~ ,,' ho,.,,' the tourism impact was evaluated and shall provide a written report to 'the Co mty or his designee within sixty (60) days of the expiration of this Agreement. If ~g..¢ 5 GRANTEE shall rribnitor 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. 17. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 18. A~MEN~D~MENTS: This Agreement may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. 19. COOPERATION: AIJJANCE 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. 20. The COUNTY shall be the owner of and in possession of the originals of all intellectual property created or furnished pursuant to this a~eement, including, but not limited to drawings, paintings, photography, film, video, and printed documents, unless specifically exempted by the COUNTY. D4 WITNESS WHEREOF, the GRANTEE and COU~'NTY 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 CONEvlISSIONERS COLLIER COUNTY, FLORDA By: JAMES D. CARTER, PhD, Chairman OCT 0 9 200! 6q WITNESSES: (1). GRANTEE TOURISM iNC. By: ALLIANCE OF COI.I.[ER COU-NTY, Printed/Typed Name Printed./Typed Name (2) Printed/Typed Name Approved as to foxm and legal sufficiency Jhcqueline Hubbard l~obinso'n i,,~ssistant County Attorney Pnnted/Typed Title OCT 0 9 2001 G,ea tern aples ., i..i J &The Ev glades CL~s~cFlorida Expenses for the period covering Oct. 1 - Nov. 30, 2001 Advertising, Fall newspaper campaign LINKS magazine Culturally Florida program (magazine ad, direct mail, intemet) Successful Meetings magazine (Oct. 01) Website www.classicflorida.com FLAUSA website Airport Plasma screen Outdoor advertising (billboard) \. ,>,t F~v~,da membership ~ .... Purely. r.,e~atlona Oct. -' ,.ont,,y retainer Oct. out of pocket expenses (press kit duplication; press release Ul3tl ]bUtlOll3, ~1:~ >,,ue duplication, clipping service, etc.) Nov. monthly retainer ,,,~v. out of pocket expenses (pressre'e,~>e-- u~':-'-:'->t ~,u,,~,,,' ~- misc. media expenses, clipping service, etc.) Travel Industry Liaison Meetings media FAM trip (Oct. 15- l 7) ',, .... ~,, ,u'~ Travell,,~,,,e,' '~-" ' (l'&,,.'~' · 12-15) OCt. xa~ ~..:- ,,,ar,,e,u,g Research Nov. Marketing Research r..~c, ..... t~ ..... ,~ueu>, o0u=, btoau~aat fax, live chat, press kit mailing, etc.) Nov. r..,c,, .... ~.~ ....... :~ . on~ live "-' ~- -~ Fax, etc.) Administration Accounting County required insurance TOTAL $35,000.00 $14,000.00 $58,200.00 $5,000.00 $3,800.00 $I ,889.50 $3 ..... 00 $1,500.00 $350.00 $9,000.00 $10,000.00 $9,000.00 $5,200.00 $5,000.00 $27,000.00 $3,500.00 $3,500.00 $12,000.00 $I0,000.00 $4,000.00 $24,000.00 $2,000.00 $123,519.50 $32,000.00 $29,000.00 S30,000.00 $247,719.50 Tourism Alliance of Collier Count3/ 5395 Park Central Court Naples, FL 34109 T (941) 597-8001 F 1941) 597-4595 E k prutos ~'classicflorida.com W vr,,r,v classicflorida, com Exhibit A A cooperative ellort funded by the Col OCT 0 9 2001 ~r Count'/Touri~l'~Development Tax EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE APPLICATION AND EXECUTION OF THE FY 2001 SECTION 5307 GRANT APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION OBJECTIVE: To approve the attached resolution authorizing the Transportation Administrator or his designee, to electronically enter into, revise or terminate the FY 2001 Grant Agreement (attached) with the Federal Transit Administration, unless specifically rescinded and to authorize the Transportation Division Administrator or their designee to sign any assurances, certifications and other documents which may be required in connection with this Program or subsequent Programs. CONSIDERATIONS: The FY 2001 Public Transit Development Plan (PTDP) budget contains a list of all funding sources for transit and paratransit for Collier County. This Plan was approved by the BCC on September 12, 2000 (Item 16B18). The development and approval of a PTDP is the first step in the application process for FTA Section 5307 funds. The final step is the electronic transmission of the grant application. A Personal Identification Number (PIN) executes the application. Intermediate steps include, but are not limited to, revisions and amendments as defined by the FTA (Relevant FTA definitions attached). The final step is the electronic execution of the grant application. The FTA requires agencies to use the Transportation Electronic Award and Management (TEAM) software for both the allocation and execution of Section 5307 grants. This authorization is integral to the efficient processing of the grant as the Transportation Division Administrator or their designee maintains the TEAM software. FISCAL IMPACT: None. All local match amounts shown on the grant application are "soft" match. Toll revenue credit is used as match for capital and current, and on-going funding for paratransit is used as local match for operating assistance. GROWTH MANAGEMENT: There is no impact to the adopted Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Resolution authorizing the application and electronic transmission of the FY 2001 Section 5307 grant application (by PIN) by the Transportation Division Administrator or their designee. Da~R. Wolfe, Director, Tr 'nsportation Plan ~ng Department Re~'ed Bg~ ' / ~- NovOn E. Feder, Transpo~ti6n Adminis~lor , ,/ Date: Date; AGENDA. ITEM No. ib"j;) OCT 0 9 2001 Pg. RESOLUTION NO. 2001-~ A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE APPLICATION AND EXECUTION OF THE FY 2001 SECTION 5307 GRANT APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION Whereas, the Collier County Board of County Commissioners (BCC) has the authority to enter into grant agreements electronically with the Federal Transit Administration (FTA); and Whereas, the FTA requires applicants to submit their applications, as well as certifications and assurances electronically through FTA's Transportation Electronic Award and Management (TEAM) system; and Whereas, the Transportation Division Administrator or their designee maintains the necessary software used to prepare and submit the Section 5307 grant application. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners, FLORIDA: That the Collier County Transportation Administrator, or designee, is authorized to electronically transmit, revise or terminate the FY 2001 grant agreement (attached and incorporated herein) xvith the Federal Transit Administration, unless specifically rescinded. 2. Any decision to terminate the attached agreement shall require BCC approval as a BCC agenda item prior to the electronic transmission of the termination. 3. Any decision to amend, as defined by the FTA, the attached agreement shall require BCC approval as a BCC agenda item prior to the electronic transmission of the amendment. THIS RESOLUTION ADOPTED THIS DAY OF SECOND AND MAJORITY VOTE FAVORING SAME. AFTER A MOTION; ATTEST: COLLIER COUNTY BCC By: Dwight E. Brock, Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Patrick G. White, Assistant County Attorney By: James D. Carter, PH.D., Chairman, Collier County BCC AGEt'}IpA,)j'EM No. lkLr'> OCT 0 9 2001 PO. DOT .. U.S. Department of Transportation FTA Federal Transit Administration Application for Federal Assistance Recipient ID ............ : 1032 Recipient Name ' COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Project ID ................ ' FL-90-X000 Budget Number .......: 01 - Pending Approval P[.o!ect Information..: CAPITAL-3 BUSES, ANb OPERATING ASSI Part 1' Recipient Information Project Number ....... : FL-90-X000 Recipient ID ............ : 1032 Recipient Name ......: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Address ................... : 3301 TAMIAMI TRAIL, EAST, NAPLES, FL 34101 0000 Telephone ............... : (941) 592-9768 Facsimile ................. : (941) 592-5763 Part 2: Project Information Project Type ............ : Project Number ....... : Project Description..: P~ipient Type ........ : FTA Project Mgr ...... : Recipient Contact ...: New/Amendment .... : Amend. Reason ...... Fed Dom Asst. # .....: Sec. of Statute ........ : State Appl. ID .......... : Start/End Dates ...... : Recvd. by State ...... : EO 12372 Rev ........: Review Date ........... : Planning Grant? ...... : Program Date (STIP/UPWP/FTA Prm Plan) Program Page ......... : Application Type .... :: Supp. Agreement?..: Debt Delinq. Detail..- Urbanized Areas UZA Name: FLORIDA Grant FL-90-×000 CAPITAL-3 BUSES, AND OPERATING ASSI County Agency Tom McCormick David P. Hope New None Specifie~ 20507 5307 None Spedfied OcL 01,2000-Jun. 30,2002 Not Applicable None Specified NO Feb. 16, 2001 261 Electronic Yes Gross Project Cost.' Adjustment Amt.. ..... · Total Eligible Cost...' Total FTA Amt ........ · Total State Amt. ...... : Total Local AmL ...... : Other Federal Amt..: Special Cond. Amt..: Special Condition .... : S.C. Tgt. Date ......... S.C. Eft. Date .......... : Est. Qblig Date ....... : Pre-Award Auhodty? Fed. Debt Authority? Final Budget? ......... $1,508,250' $0 $1,508,250 $ 893,725 $ 335,406 $ 279,119 $0 $0 None Specified None Specified None Specified 01-oct-2000 NO NO NO ~ '~ --~,~E .NDA .ITEM ' 0~,T O 9 2001 DOT FTA U.S. Department of Transportation Federal Transit Administration UZA ID: 120000 UZA Name: NAPLES, FL UZA ID: 123810 .congressional Districts State ID: 12 District Code: 12 District Official: Adam Putnam Proiect Details 1) CAPITAL. THREE (3) BUSES AND AMENITIES FOR COUNTY TRANSIT SYSTEM. 2) PROJECT ADMINISTRATION Part 3: Budget PROJECT BUDGET SCOPE 111-00 BUS- ROLLING STOCK ACTIVITY 11.13.04 BUY <30-FT BUS FOR EXPANSION SCOPE 117-00 OTHER CAPITAL iTEMS (BUS) ACTIVITY 11.79.00 PROJECT ADMINISTRATION 11.42.20 ACQUIRE - MISC SUPPORT EQUIPMENT SCOPE 300-90 OPERATING ASSISTANCE ACTIVITY 30.09.00 OPERATING ASSISTANCE - 50% (USE FPC 04) Quantity F--FA Amount Tot. Elia. Cost 3 $ 287,287 $ 359,084 3 $ 287,287 $ 359,084 $ 85,000 $ 70,000 $ 15,00O $ 521,458 $ 521,458 Estimated Net Project Cost: Federal Share: Local Share: $108,250 $ 87,5O0 $18,750 $1,042,916 $1,042,918 $1,508,250 $ 893,725 $ 614,525 OTHER (Scopes and Activities not included in Proiect Budqet Totals) Quantity FTA Amount AGENI~ tTEN No. !~r,~ [__ Tot. E~S.Tc&8 2001 pg. 4-1- DOT U.S. Department of Transportation FTA Federal Transit Administration No Amendment Fundinq Source information is available for the selected proiect Alternative Fuel Codes 11.13.04 BUY <30-FT BUS FOR EXPANSION Diesel Fuel Extended Budqet Descriptions 'Fl113.04 BUY <30-FT BUS FOR EXPANSION FUNDS FOR FINAL THREE VEHICLES 11.79.00 PROJECT ADMINISTRATION ADMINISTRATIVE COSTS OF COUNTY STAFF 3 $ 287,267 $ 359,084 $ 70,000 $ 87,500 30.09.00 FPC 04) OPERATING ASSISTANCE - 50% (USE Operating Assistance for contracted service, fuel, maintenance, etc. Part 4. Milestones $ 521,458 $ 1,042,916 11.13.04BUY <30-FT BUS FOR EXP/~,NSION 3 $ 287,267 S 359,084 Milestone Description RFP/IFB OUT FOR BID .................................................................................... The exact date the RFP went out to bid is unknown. Vehicles were purchased through the Florida Vehicle Procurement Program (FVPP) CONTRACT AWARDED ................................................. : ................................ The Florida Vehicle Procurement Program (F'VPP) Bid # MD98-01 was awarded to Florida Transportation Systems on April 20, 1998. FIRST BUS DELIVERED ............................................................... ; .................. The first bus was delivered by 01/01/2001 ALL BUSES DELIVERED ..................... · ............................................................ All buses were delivered by 02/01/2001 CONTRACT COMPLETE ................................................................................. All busses were inspected and placed in service by February 15, 2001. Est. Comp. Date Apr. 20, 1998 Apr. 20, 1998 Jan. 1,2001 Feb. 1,2001 Feb. 15,2001 11.79.00PROJECT ADMINISTRATION Milestone Description Contract Complete ............................................................................................ $ 70,000 ..... Est. Comp. D~'te Seep. 30,l~.f~'1 0 9 2001 DOT U.S. Department of ~ransportation FTA Federal Transit Administration Milestone Descriotion EXPENSES ASSOCIATED WITH PROJECT ADMINISTRATION. SALARIES AND FRINGE. NOT A RFP OR IFB. Est. Comn. Date 30.09.00OPERATING ASSISTANCE - 50% (USE FPC O4) $ 521,458 $1,042,916 Milestone Description 1-:'. Final Expenditure .............................................................................................. " Final expenditure by June 2002 Est. Como. Date Jun. 30,2002 11.42.20ACQUIRE-MISC SUPPORT EQUIPMENT $15,000 $18,750 Milestone Description Contract Complete ............................................................................................ Est. ComP. Date Feb. 15, 2001 Part 5. PRJBUD Environmental Findings Proiect Budget 3 $ 893,725 $ 1,508,250 Findinq No. 1 Finding Type .............. · Class I Draft ElS Date ............ ' Final ElS Date ............ ' F-FA ROD Date .......... ' 111304 BUY <30-FT BUS FOR EXPANSION 3 $ 287,267 $ 359,084 Findinq No. 1 Finding Type .............. · Type Code ................. ' Class fl(c) U n known 117900 PROJECT ADMINISTRATION Finding No. 1 Finding Type .............. · Class Il(c) $ 70,000 $ 87,500 ~. u hA.ITEM OCT 0 9 2001 DOT FTA U.S. Department of Transportation Type Code ................. : Unknown Federal Transit Administration 300900 OPERATING ASSISTANCE - 50% (USE FPC O4) $ 521,458 $ 1,042,916 Findinq No. 1 Einding Type .............. : Class Il(c) Type Code ................. : Unknown 114220 ACQUIRE - MISC SUPPORT EQUIPMENT $ 15,000 $ 18,750 Findinq No. I Finding Type .............. : Type Code ................. : Unknown Class Il(c) Unknown Part 6. Fleet Status Fixed Route Before Chanae After. I. Active Fleet A. Peak Requirement 0 5 5 B. Spares 0 2 2 C. Total (A+B) 0 7 7 D. Spare Ratio (B/A) 0.00% 40.00% 40.00% II. Inactive Fleet A. Other 0 0 0 B. Pending Disposal 0 0 0 C. Total (A+B) 0 0 0 III. TOTAL (I.C and II.C) 0 7 7 Union Information Recipient ID ............ : 1032 Recipient Name ...... ' COLLIER COUNTY BO~,RD OF COUNTY COMMISSIONER~"~M ~ AG i0C'[ O 9 2001 -? belpediojennifer :rom: ;ent: To: Subject: D~vidPHope@aol.com Friday, August 17, 2001 3:36 PM JenniferBelpedio@colliergov.net (no subject) Jennifer, The full text of FTA Circular 5010.lB "Grant Management Guidelines" may be viewed at "http://www.fta.dot.gov/library/policy/circ5010.html." I have attached a portion of chapter 1. It seems logical to follow FTA guidelines as we consider modifications to the grant. I would recommend al!owing. "Revisions" as defined by the FTA without BCC approval. Any full "Amendment" as de fined by the FTA would require both FTA and BCC formal approval. I do not foresee any conditions ~hat would require us to terminate the grant. However, any termination should require BCC approval as well. Thanks David !. CHA_NGES IN AN APPROVED GRANT - BUDGET REVISIONS AND AMENDMENTS OF THE GR3LNT AGREEMENT. a. General. A grant cbligates the grantee to undertake and complete activities defined by the scope and budget as incorporated in the grant agreement. The grant budget, as used in this circular, means the approved financial plan that FTA and the grantee agree will be followed in carrying out the purposes of the grant. During the course of the program or project, t may be necessary to modify the grant by revising the budget or amending the grant agreement. For example, modifications may be required because of changes in the purpose, description, terms and conditions, or an increase in the cost of an approved grant. It is important to note that many grant funds lapse for use in an urbanized area Three years after the year in which they are apportioned (e.g., Formula program funds apportioned for FY 1994 lapse 10-1-97). The Comptroller General has ruled that when the scope of a grant changes, any lapsed grant funds unobligated by the grantee remaining under the old scope must be deobtigated by the FTA and only currently available funds may be obligated by the FTA for the new scope. For this reason, proposed changes in the scope of a grant cannot be made if funds approved for it have lapsed. The grantee should contact its regional representative as soon as possible when this becomes i~inent to avoid losing lapsed funds. Because of the potential for severe penalties for anti-deficiency violations, grantees must exercise careful judgment in determining whether a grant change will' alter its scope. Planning and capital grant changes are summarized in Exhibit I-l, at the end of this chapter. The tableprovides an overview of the relationship between budget revisions, administrative amendments and full grant amendments as described in the text. b. Definitions. 1. Scope. a. The scope of a grant is defined as the broad purpose or objectives of a grant. The scope of a grant may encompass one or more specific projects. b. A project scope is defined as the broad purpose of a particular project within a grant. There may be multiple scopes identifying each of the different projects within a grant and each scope may contain a number of activities which represent the estimate of actions needed to complete the in..the.~~/- project. Quantities for revenue rolling stock should be reflected , ~cope. ' 2. Project Activity Line Item . This is defined as the description and~' ..--t ~r)~-'-- dollar amount contained in the budget for an approved grant activity. associated within a particular scope approved as part of a grant. Ac~ivit~' line items under each scope are informational and are used as tools for the FTA and grantee to manage the grant. 3. Budget Revision. A budget revision is any change within the scope of the original grant. A budget revision may be a transfer of funds within a project or among projects within an approved grant. It could also include the addition or deletion of an activity. A budget revision cannot be used to materially change the purpose or intent, i.e., scope, or Federal dollar amount of the grant. Budget revisions approved by FTA are updated in FTA's EGMM system. Budget revisions are discussed further in the following paragraph c. 4. Administrative Amendment. This is defined as a minor change in a grant agreement normally initiated by FTA to modify or clarify certain te~ns, conditions or provisions of a grant. Administrative amendments are discussed further in the following paragraph d. An administrative amendment cannot be used to change the scope of a grant. 5. Full Grant Amendment. An increase in the Federal share or a change in the scope of a grant requires a full grant amendment. Full amen.dments are subject to the same application requirements as a new grant request. Issuance of a revised grant agreement and budget is required for a full amendment and, because a change in scope or funding of the grant resu!rs, a change in the previous obligation of funds is also required. FTA can reobligate funds only if the previouslZ obligated funds have not lapsed. Guidelines and approval requirements for full amendments are outlined in the following paragraph e. c. Budget Revisions. The approved grant budget is sent to the grantee with the grant approval letter or electronically following FTA approval of the grant. The grantee is responsible for controlling and monitoring all grant activities to ensure that they are carried out in accordance with the approved budget, including control of individual projects within the grant. 1. Approval Requirements for Budget Revisions. Beyond assuring that grantees' budget revisions will not change the amount or scope of a grant, FTA does not exercise control over the dollar amount to be spent to procure or construct items under an individual activity item. FTA monitors grants to confirm that grantees establish and follow procedures that are reasonable and comply with FTA requirements. Grant changes may be made by budget revision if the purpose, scope and amount of the grant will remain unchanged. Required grantee certifications stand in lieu of direct FTA review and approval, substantiated by annual independent audits and triennial reviews. Grante~s must. obtain prior FTA approval either in writing or electronically through EGMM for the following proposed budget revisions. a. Prior FTA approval is required when the Federal share of the grant exceeds $100,000 and the cumulative amount of project funds to be transferred between or among activities, (including all budget revisions since the last- one specifically approved by FTA) exceeds twenty percent (20%). Proposed budget revisions for planning grants which exceed thirty percent (30%) require prior FTA approval. b. Prior FTA approval is required when the revision would transfer funds between operating and capital/planning categories, or between activity line items with different Federal matching ratios, such as from 80/20 to 83/17 option to include "Americans with Disabilities Act"' or "Clean Air Act" requirements; c. Prior FTA approval is required when the revision is for the addition or deletion of items that are set forth as requiring prior awarding agency approval in OMB Circular A-87. These include, among others, automatic data processing services, building space, insurance and indemnification, management studies, preagreement costs, professional services and proposal costs; d. Prior'FTA approval is also required for a formula or discretionary capital grant if the budget revision would: 1. Increase or reduce the number of revenue rolling stock to be purchased by more than two units. 2. Change the size or physical characteristics of the activities in a grant, i '~.---~~ 3. Advance a formula program ~5307 (formerly ~ 9 of FT Act) contingenc~_ project if the contingency project is not in year one of current STIP. 2. Budget Format. For paper submissions, a three column format is! budget revision proposals: Column A, the current approved recommended for budget; Column B, the activity changes; and Column C, the revised activity 2 items which combines Column A + Column B. A statement should ~ included for each change that identifies and fully explains its need and how it will affect the project. A~ budget revisions should be dated and numbered ~-onsecutively. Those not requiring FTA prior concurrence must be submitted to rA at least quarterly (i.e., with Milestone/Progress Report), or electronically following procedures in the EGMM policies and procedures manual. d. Administrative Amendments. An administrative amendment may be used to change or clarify the terms, conditions or provisions of a grant contract. These usually are initiated by FTA and may be used only when no change will result in the scope, amount or purpose of the grant. An administrative amendment is used to modify a grant contract for such purposes as to comply with changes required by FTA law, to change the year or type of funds obligated for a grant, to transfer equipment from one grantee to another, to reflect a change in the grantee's name, or to decbligate Federal funds that are not needed to complete approved project scope or purpose.~. e. Full Grant Amendments. !. ReqUirement. A grant amendment is reqUired when proposed changes in the grant would: a. Materially alter the objective of the approved project (i.e., change the scope); or b. Require an increase in the Federal project amount. 2. Change of Scope. The scope of a grant is changed by any of the following: a. A transfer within an approved planning grant budget that cumulatively exceeds thirty percent (30%) of the budget most recently approved by FTA when FTA's share of the grant is more than $100,000 would constitute a scope change. b. Changes in quantity of items to be purchased or constructed generally trigger an amendment only when they are significant enough to materially change the purpose or intent of the approved grant as defined by the scope. Changes in quantities for revenue rolling stock that exceed 20% of the base --~mcunt where specified, are generally considered significant changes and will ~quire processing of a grant amendment. £he 20% threshold does not apply to changes in activity items when quantities are not specified in the scope. These changes in activity item quantities may be made by budget revision unless the change is so significant as to materi~l!y alter the grant's basic purpose. c. A change to a grant to add a project, if not previously included as a contingency project in an approved TIP/STIP, or to delete a project if the deletion affects the intent or objectives of the grant would constitute a scope change. d. A change that FTA concludes is material which modified an activity item, project description or the size or type of items specified in any grant would constitute a scope change. 3. Procedures. A full amendment must be used for grant changes that cannot be handled by a budget revision or administrative amendment. Full amendments require the issuance of a revised grant agreement and budget, and may require a change in the amount of funds obligated for the g~ant. A deobligation and reobligation of funds to accompany a change in project scope can occur only if the previously obligated funds have not lapsed, or new funds are available. A full amendment is subject to the same requirements as a new grant request except that the grantee need not resubmit portions of the original grant application that are unaffected by the change. The grantee must submit a detailed description of the changes, a revised project budget and if applicable, a SF-424 form if there are changes in funding levels. These changes may be accomplished electronically through EGMM when applicable. 4. Funds Reobligation. To effect a change in scope of a formula grant, the Federal funds previously approved must not have lapsed and the obligation of Federal funds must be changed as follows: ~-' ~a. If the scope of a grant is reduced, the funds obligated to it mus~ FTA. i~,...~..__~_~ educed accordingly unless offsetting cost increases are approved by m. If a grant is changed to replace some activities by others, funds ~ust~%,[ 0 ~ 2001 adjusted to reflect the change. 5. Increase in the Project Amount. If the scope of a grant increases ~nd additional Federal funds are required, new funds may be obligated to the EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD TWO ANNUAL BIDS, #01-3251 AND #01-3256, FOR FISCAL YEAR 200112002. Objective: To obtain Asphalt and Related Items and Purchase/Delivery of Concrete and Metal Culvert Pipe for use in various County departments, in a cost efficient and responsive manner. Considerations: Bid #01-3251 was posted on June 7, 2001 with invitation to bid sent to 50 vendors. Bid #01-3256 was posted on July 6, 2001 with invitation to bid sent to 106 vendors. Both bids are for term agreements for services and/or commodities, and will be purchased on an "as needed" basis only. Costs are controlled by the operating budgets of the individual departments. The amounts shown are not intended to be fixed amounts since it is difficult to identify what type of necessity or emergency will arise to affect the ordering of these services and commodities. The initiating department has evaluated each proposal and recommendations for the coming fiscal year are listed below. However, other County departments may purchase under the contract should the need arise. BID #01-3251 - PURCHASE AND DELIVERY OF CONCRETE AND METAL CULVERT PIPE Six (6) bids were received for Concrete and Metal Culvert Pipe. Hughes Supply, Inc., SEMSCO, Metal Culverts, Inc., and U.S. Filter are recommended for award. Estimated annual expenditure for the Road & Bridge department is $35,000 BID #01-3256 - ASPHALT AND RELATED ITEMS (Road and Bridge section) Three (3) bids were received for Asphalt and Related Items. Better Roads, Inc., APAC-Florida, Inc., and Bonness, Inc., are recommended for award. Orders will be placed with the lowest responsive bidder on an item by item basis. Estimated annual expenditures for the Transportation Division is $4,000,000 Growth Management Impact: Generally not applicable. However, departments may utilize some contracts for CIE work performed in-house. Fiscal Impact: Amounts have been budgeted within the various projects in the Gas Tax Capital Construction Fund (fd 313) and in the Unincorporated-MS-T_LL General Fund (fd 111 ). AGENDA ITEM No. 0 C T - 9 Total fiscal impact for all commodities/services covered in this Executive'Summary for Fiscal Year 2001/2002 is: Bid #01-3251 - $35,000 Bid #01-3256 - $4,000,000 Recommendation: That the designated vendors be awarded annual contracts for the specified bids, as stated in the Executive Summary and attached tabulation sheets, and that the Chairman be authorized to sign subsequent contracts. Further, that the County Purchasing Director be authorized to allow or disallow, price adjustments throughout the year, as provided for in the bid specifications as stipulated in the vendors offer. Additionally, Board approval is recommended for designated staff with approval of Purchasing Department to utilize alternate bidders/vendors as outlined above and to utilize additional vendors in accordance with the quotation process based on such factors as material/services, quality, material/service delivery and/or material/service cost. All payments will be contingent upon actual services and materials purchased. Submitted by: ,-_:---'*.--¢~. ~'~oh n Vliet, Road and Bridge Superintendent Stephen~Y. CarCCell, Purchasing/General ~S~, 'vi~.: Dire t~r' Edward J Kant, P E.~, .J / Transportation Serv?/ei Director Approved by: ~~ ~' /~~ ~ Norman Feder, Public Works Administrator Date / j Date Date Date AGENDA IT'EM OCT 0 9 2001 Pg. t~. zzzzzzzzzzzzz z zzz z:zzzzzzzzz zzzz Z~ZZZZZZZZ~ZZ Z ZZZZZZZ~Z~;Z~Z~ZZZZZ EXECUTIVE SUMMARY APPROVE THE FACILITIES RELOCATION AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY TO RELOCATE AND RECONFIGURE POWER POLES ON GOODLETTE-FRANK ROAD BETWEEN PINE RIDGE ROAD AND VANDERBILT BEACH ROAD TO FACILITATE THE ROAD WIDENING PROJECT, PROJECT NO. 60134 OBJECTIVE: To gain Board approval to proceed with the relocation and reconfiguration of power poles on Goodlette-Frank Road which will allow construction of the road widening project to proceed in accordance with the approved design. CONSIDERATION: The Goodlette-Frank Road project has past the 90% design stage and is scheduled to begin construction in the second quarter of 2002. In order for the construction of the road widening to proceed, power poles must be relocated within the Florida Power & Light (FPL) right-of-way. The power poles will be reconfigured to a monopole design which is a more modem and less costly design than the present H-pole design. Approval and execution of the Facilities Relocation Agreement xvith FPL xvill allow this pole relocation and reconfiguration to proceed later this year. A copy of the Facilities Relocation Agreement and the cost estimate are attached. ¢'~FISCAL IMPACT: Funds in the amount of $961,152 are budgeted in the Transportation Road Impact Fee District 3 Fund. Source of funds are Impact Fees. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Approve the attached Facilities Relocation Agreement with FPL to relocate and reconfigure the power poles on Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road at a cost of $961,152. (2) Authorize the Chairman to execute the attached Facilities Relocation Agreement with FPL. OCT 0 9 2001 pg. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: (...LL6c,,. Date: ' Allen R. Ruth, P. E., Project Manager ~,"-~\ x e - <---_--__-'>~-. Date: lViitch Riley, P.E., Senior Project Manager 5'"-'-~7~'/'~'''''''' ~'' /'/~/~"-'~'" Date: Stephen L. Miller, P.E., Director, Transportation Enginee,~g & Construction Management Department ~ ~'1/~. ;~/~J/ Date: No ~Tfp~ an E. F~de[', AICP 7 nSportation Administrator OCT 0 9 2001 FACILITIES RELOCATION AGREEMENT (Government Entity) THIS AGREEMENT made and entered into this __ day of 20 by and between The Collier County Board of County Commissioners hereinafter called the Applicant, and FLORIDA POWER & LIGHT COMPANY, a Florida corporation with its principal place of business in Dade and Palm Beach Counties, Florida, hereinafter called FPL. WITNESSETH: ..WHEREAS the Applicant intends · to construct The Goodlette-Frank Road Wideninq Proiect and will require the relocation of certain incompatible and conflicting portions of FPL's Facilities and equipment, and WHEREAS FPL will incur costs in the Relocation of FPL's existing and proposed Facilities which costs would not have occurred but for the Applicant's construction, NOW THEREFORE, in consideration of the mutual promises of the Applicant and. FPL and other good and valuable consideration, the Parties agree that FPL shall Rearrange the FPL Facilities and the Applicant shall reimburse FPL for the actual cost of such Relocation as follows: ARTICLE I - DEFINITIONS For the purposes of this Agreement the following terms, whether used in the singular or plural, shall have the meanings set forth below when used with initial capitalization: 1.1 Betterment is any increase in service capacity of the Replacement FPL Facilities, not attributable to Contractor's construction, over the service capacity of the FPL Facilities pdor to Relocation and any upgrading of a Replacement FPL Facility above FPL's current minimum standard practices, as specified in Article III of this Agreement, that normally would be used on projects financed solely by FPL. Betterment does not include: (a) any increase in service capacity required by federal, state or local law which applies to FPL Facilities as of the date of construction of the Replacement FPL Facilities; (b) any increase in service capacity resulting solely from the replacement of devices or materials which at the time of construction of the Replacement FPL Facility are no longer manufactured, processed, or installed and used by FPL in projects financed entirely by FPL, (c) any upgrading of a Replacement FPL Facility requested by the Applicant, (d) any upgrading of a Replacement FPL Facility required by any agency responsible for regulation of FPL Facilities, (e) any upgrading of the Replacement FPL Facility which is necessitated by the Applicant's construction, if the replacement is the same as that used by FPL on FPL's own projects, or (f) any upgrading that will result in a reduction in the overall project cost. 1.2 Conversion is the replacement of existing overhead facilities with underground facilities. 1.3 Credit Ratio is the credit given to the Applicant in the form of a percentage dedved by dividing the sum of the Betterment and the Non-Reimbursable Work Credit by the Total cost of the Relocation: Credit Ratio = Dollar Amount of Betterment + Non-Reimbursable Work Credit Total Cost of Relocation - The Land and Land Right Cost 1.4 Date Cost Estimate Received, for purposes of this Agreement, shall be deemed to be the day that the cost estimate was hand-delivered or transmitted by facsimile, or if mailed, five days from the date of postmark. 1.5 FPL's Facility or Facilities shall be, but shall not be limited to, any structure consisting of manholes, conduits, poles, wires, cables, substations, system protection equipment or other appurtenances, and associated equipment, and used by FPL in connection with the transmission and/or distribution of electric power. Relocation and/or Relocate includes the terms "rearrange or rearrangement" and is the work performed by FPL under this Agreement and any activity made necessary by Applicant's construction which conflicts with or affects FPL, its Facilities, or service. Relocations shall include conversion of transmission facilities and shall include, but shall not be limited to, permanent or temporary support, protection, relocation, rearrangement, design, redesign, abandonment or reconstruction of the FPL Facilities and all other work required to provide continuity of service to FPL's customers which is a result of a conflict. Replacement FPL Facility is any facility which will be constructed under the terms of .t~iA,_Agr~'-"-"em..t --.~ - consequence of Relocation of an FPL Facility or portion thereof. AGEI,{D/~TEM 1.6 1.7 1.8 Salvaqe is the credit to the Applicant for the reusable materials recovered or removed by Adjustment Credit. ARTICLE II - IDENTIFICATION OF CONFL!CTS~ CONVERSIONS page I of 6 Governmental Facilities Relocation Agreement (rev. 2/8/00) OCT 0 9 2001 2.1 2.2 2.3 Known Conflicts. The Applicant shall reimburse FPL for costs associated with the Relocation of the FPL Facilities more particularly described and located on property described in Exhibit A attached hereto and incorporated herein. Other Conflicts. The identification of any other conflicting facilities of FPL requiring Relocation shall be undertaken by FPL pursuant to a subsequent written agreement between FPL and the Applicant. Distribution Conversion. If an Applicant has requested a conversion of distribution facilities as part of a Relocation of Facilities, the FPL Distribution Facilities Conversion Agreement which is approved by the Florida Public Service Commission shall be attached hereto and incorporated herein. The Indemnity and Insurance provisions of this Agreement shall apply to all Distribution Conversions which are part of a Relocation. In addition, all other terms and conditions of this Agreement which are not expressly modified by the Addendum attached hereto shall remain in full force and effect. If there is a direct conflict between this Agreement and the attached Addendum, then the Underground Distribution Conversion Tadff and the Underground Distribution Conversion Agreement shall prevail as to that specific term or condition. a. Relocation: $ 961,152 b. Relocation Conversion: Relocation: Distribution Conversion: This cost estimate is set out in detail in Exhibit C attached hereto; or $ 961,152 (Exhibit C) $ (Addendum) : Total Pr~ect Cost Estima~: $ 961,152 page 2 of 6 The Applicant understands and agrees that the amount set forth in Exhibit C is an estimate only. The Applicant shall be responsible for the total cost of the project. The cost for the Relocation portion shall not exceed 110% of a valid Relocatio, n cost estimate, except as provided herein. - AGF~DA.JLTEM OCT 0 9 2001 Governmental Facilities Relocation Agreement (rev. 2/8/00) Underground Distribution Facilities Conversion Agreement is attached hereto and incorporated herein. X This Project does not involve a conversion of electric distribution faciIities. ARTICLE III - DESIGN AND CONSTRUCTION OF REPLACEMENT FACILITIES 3.1 Desion Standards. Engineering design standards and material specified shall meet FPL's Current Design Standards. In addition, the design of Relocations will be in conformity with all taws and regulations. ................. ,v,,~n.~ls and construction procedures shall meet FPL's Current Construction Standards. In addition, Relocations or Replacement Facilities will be accomplished in conformance with all laws; codes and regulations. ARTICLE IV - REPLACEMENT RIGHT-OF-WAY 4.0 Replacement Ric~ht--of-Way. The Applicant shall provide FPL with replacement rights-of-way in one of the following manners: NA (a) The Applicant shall reimburse FPL for costs associated with the identification and acquisition of replacement rights-of-way, including, but not limited to, FPL's attomey fees for costs in prosecuting or in connection with any condemnation actions for the acquisition of necessary rights-of-way. NA (b) The Applicant shall convey or grant to FPL replacement rights-of-way sufficient to permit FPL to accomplish Relocations of the FPL Facilities and to operate and maintain the Replacement Facilities in accordance with FPL's customary practices. Such conveyances or grants of replacement rights-of-way shall be accomplished at no cost to FPL and in a form and substance satisfactory to FPL. 4.1 Location of Reolacement Riqht-of-Way. The Location of the aforesaid replacement rights-of-way are generally set forth in Exhibit B attached hereto. ARTICLE V - COST ESTIMATES, CREDITS AND BILLING 5.1 Full Cost. The Applicant shall pay FPL for the full cost of Relocation of the FPL Facilities. The work to be pedormed by FPL will be in accordance with the construction drawings attached hereto as Exhibit B. 5.2 Cost Estimate. The Applicant shall be responsible for the total cost of the project. The estimated cost to Relocate the FPL Facilities is (a) or (b) below: 5.3 5.4 Duration of Cost Estimate. A cost estimate is valid only: a. Prior to construction, for 180 days from the date of the estimate is received by Applicant (this includes the estimate attached as Exhibit C and any subsequent estimate) or b. As long as the scope of work (Relocation) upon which the estimate is based has not been changed; whichever first occurs. Re-estimates. Scope of Work Chanaes. 5.4.1 Pre-construction. If the construction of the Relocation of the FPL Facilities has not commenced within 180 days of the date that the latest cost estimate is received by Applicant or if the scope of work ("Relocation") has been changed on any individual work order, pdor to any construction, the estimate is invalid. A new estimate is required. FPL shall provide a re-estimate of the work pdor to commencement of the Relocation by FPL. The Applicant shall agree in writing to pay the re-estimated cost and shall be responsible for the full cost of Relocation, not to exceed 110% of the re-estimate. 5.4.2 After Start of Construction. If after the start of construction, the Applicant requests a change in the scope of work (Relocation) of FPL Facilities or if FPL determines that there is a need for a change in the scope of work (Relocation) and such change causes either the credit ratio to change or the reimbursable cost of the project to change by 10% or more, FPL shall provide the Applicant with a new estimate as soon as practicable. The Applicant shall provide FPL with written approval of the re-estimate. The Applicant shall be responsible for any increased cost due to unknown dr unforeseen physical conditions at the site. which differ materially from those originally encountered. Increased costs due to differing site conditions are in addition to the estimated amount and are not subject to the 110% cap on estimated costs. 5.5 Credits. 5.5.1 5.5.2 5.6 5.7 5.8 The Applicant shall receive a credit for Betterment and Salvage. The Applicant shall receive a credit for the payment of any non-refundable deposit required for estimates for underground installation included within a Relocation according to the terms of the FPL Distribution Conversion Tadff and FPL's Underground Distribution Conversion Agreement. 5.5.3 The Applicant shall receive a credit for payment made to FPL for a detailed cost estimate, if payment is required by FPL prior to issuing such estimate and if the Facilities Relocation Agreement has been entered into within 180 days of the date that estimate was received by the Applicant and the Relocation performed. 5.5.4 The Applicant shall receive no credit for payment for an estimate, and such payment shall not be refunded: (a) if the Applicant has not executed a Facilities Relocation Agreement within 180 days of the date that estimate was received by the Applicant, (b) if a subsequent estimate is required or (c) if the Applicant terminates the Agreement. 5.5.5 Any estimate provided to the Applicant after the initial, detailed estimate shall be done at additional cost and expense to Applicant. Applicant's payment for estimates shall be credited or retained by FPL as provided above. Billinq and Payment. FPL shall bill the Applicant for cost incurred not more frequently than once monthly. The Applicant shall have twenty (20) days from the date of an invoice to approve the invoice and any accompanying information supplied by FPL Failure to provide FPL with wdtten notice to the contrary within the twenty (20) day pedod shall constitute approval by the Applicant of the invoice against which payment must be remitted in full to FPL within forty-five (45) days of the date of the invoice. If payment by the Applicant is not postmarked within forty-five (45) days of the date of the invoice, then a late payment charge shall be assessed in the amount of one percent (1%) of the amount of the billing per month, or the highest amount then permitted by law. Final Bill. Upon completion of the work, FPL shall at the eadiest date practicable furnish to the Applicant a final and complete billing of all costs incurred in connection with performance of Relocation of the FPL Facilities less any prepaid credits for additional cost estimates. Refund and Effect of Termination. 5.8.1 Consistent with the terms of this Agreement, FPL shall refund to the Applicant any amou~ has paid to FPL beyond the full cost of Relocation. 5.8.2 In the event that this Agreement is terminated due to the cancellation or indefinite .' furtherance of the Applicant's construction, the Applicant shall be responsible for ti already incurred, including but not limited to all engineering, design, equipment, an, costs, and if any, the costs of replacement facilities already installed, necessary to pla a permanent condition suitable to provide continuous, reliable electric service to thc No. ~ t~_'.r-D ~ 'b Jspension of work in cosSGf materials cost, labor FPL's Fa~es into page 3 of 6 Governmental Facilities Relocation Agreement (rev. 2/8/00) 6.1 7.1 7.2 7.3 7.4 7.5 with all applicable laws, regulations and FPL's usual practices as set forth in Adicle III herein. Nothing in this section shall be construed to modify or abrogate FPL's legal duty to mitigate damages. ARTICLE VI - AUDITS Audits. All cost records and accounts of FPL directly related to the work performed under this Agreement shall be subject to audit by the Applicant for a pedod of one year from the completion date of all work performed under this Agreement. Such audits shall be performed by the Applicant and in accordance with the following considerations: (a) the Applicant shall provide FPL with thirty (30) days written notice requesting an audit, (b) the specific time of audit must be mutually agreed to, (c) information required for audit purposes shall be accounts and records kept by FPL directly related to ReloCation and reimbursable costs, (d) the Applicant may request only information reasonably required by it concerning Relocation and such request for information shall be in wdting and shall include the purpose of the audits, (e) FPL shall make available the requested information at its offices during normal business hours, Monday through Friday, (f) the Applicant shall bear any costs associated with any audits, including FPL costs, if any, and (g) information available under this Agreement shall not be used in violation of any taw or regulation. ARTICLE VII. GENERAL CONDITIONS Benefit of A(:reement; Assionment. The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the Parties to this Agreement but shall not inure to the benefit of any third party or other person. This Agreement shall not be assigned by either Party except upon receipt of the pdor wdtten permission of the other Party. Such permission shall not be unreasonably withheld. Nonwaiver. The failure of either Party at any time to require performance by the other Party of any provision hereof shall not affect the full right to require such performance at any time thereafter. Waiver by either Party of a breach of the same provision or any other provision shall not constitute a waiver of the provision itself. Limitations of Liability. Neither Party shall be liable in contract, in tort (including negligence), or otherwise to the other Party for any incidental or consequential loss or damage whatsoever including but not limited to loss of profits or revenue on work not performed, for loss of use or under'utilization of the Party's facilities, or loss of use of revenues or loss of anticipated profits resulting from either Party's performance, nonperformance, or delay in performance of its obligations under this Agreement. Indemnification. The Applicant shall indemnify, defend and hold harmless FPL, its parent, subsidiaries or aflqiiates and their respective officers, directors and employees (collectively "FPL Entities") from and against any liabilities whatsoever, occasioned who!ly or in part by the negligence of the Applicant, its contractors, subcontractors or employees, including attorney fees, for injury to or death of person(s) and property damage arising or resulting in connection with any activity associated with work or service under this Agreement, EXCEPT if the liability arises out of a claim made by an employee of the Applicant, its contractors or assigns, the Applicant shall indemnify FPL Entities whether or not the damage or liability is due to or caused by the sole negligence of FPL Entities. The Applicant's obligation to protect, defend and hold FPL Entities free and unharmed against such liabilities shall be subject to the limitation set for[h in Section 768.28(5) Florida Statutes, except in the event the Applicant purchases insurance coveting the liability with limits in excess of the statutory limits, the Applicant's obligation shall extend up to but shall not exceed the limits of that insurance. !nsurance. If the Applicant utilizes its own personnel in the construction or maintenance work around the subject Facilities, the Applicant shall fumish FPL with evidence of insurance maintained by Applicant insudng FPL Entities from liabilities assumed under the above indemnification. Said insurance shall contain a broad form contractual endorsement or, alternatively, the Applicant shall cause FPL, its parent, subsidiaries and affiliates and their respective officers, directors and employees to be named as additional named insureds on the Applicant's comprehensive general liability policy. Such liability coverage shall be pdmary to any liability coverage maintained by or on behalf of FPL up to the $1,000,000 limit of liability. In the event that the policy is on a "claims made" basis, the retroactive date of the policy shall be the effective date of this Agreement or such other date as to protect the interest of FPL and the coverage shall survive the termination of this Agreement until the expiration of the maximum statutory pedod of limitations in the based in contract or in tort (currently, five years). If coverage is on an "occurrence" basis, SJ,cCa~n'c~¢~'fd~'~,l~y 3 maintained by the Applicant during the entire term of this Agreement. The policy shall not bE altered without at least thirty (30) days wdtten notice to FPL. OCT 0 page 4 of 6 Governmental Facilities Relocation Agreement (rev. 2/8/00) 7.9 7.10 The Applicant shall provide FPL with evidence of such liability insurance coverage on the standard insurance industry form (ACORD) without modification. A copy of the policy shall be made available for inspection by FPL upon reasonable request. 7.6 Contractor Indemnification. The Applicant further agrees to include the following indemnification in all contracts between the Applicant and its general contractors who perform or are responsible for construction or maintenance work on or around the subject FPL Facilities: "The Contractor hereby agrees to release, indemnify, defend, save and hold harmless the Applicant and FPL, its parent, subsidiaries, affiliates or their respective officers, directors, or employees, from all claims, demands, liabilities and suits whether or not due to or caused by negligence of the Applicant or FPL for bodily injudes or death to person(s) or damage to property resulting in connection with the performance of the described work by Contractor, its subcontractor, agents or employees. This indemnification shall extend up to but shall not exceed the sum of $1,000,000.00 for bodily injury or death of person(s) or propert7 damage combined single limit and $3,000,000 occurrence aggregate. In the event the Contractor is insured for liability with limits in excess of these amounts, Contractor's said obligation shall extend up to but shall not exceed the limits of that insurance. Contractor's costs of defending Applicant and FPL, including attorneys' fees are excluded from and are in addition to the aforesaid limitation of liability for injury, death and property damage." 7.7 Contractor Insurance and Notice. The Applicant agrees to require its contractors to obtain insurance to cover the above indemnity and further agrees to verify with its contractors that such insurance is in full force and effect. The Applicant shall provide FPL Group Inc.'s Risk Management Department with notice of the name and address of Applicant's contractors as specified in section 7.6 above, prior to the commencement of the Relocation of FPL Facilities by FPL. 7.8 Modification or Termination of Aqreement. This Agreement may be modified, amended, or terminated at any time by written agreement of the Parties authorized and executed with the same formality as this Agreement. FPL's Underground Facilities Distribution Conversion Agreement, if attached hereto, is approved by the Florida Public Service Commission and may not be modified or amended by the Parties. Effect of Headinos. The headings set forth herein ara for convenience only and shall not be deemed to modify or affect the rights and obligations of the Parties to this Acjreement. FPL Consent to Relocations. FPL agrees to the Relocation of the FPL Facilities to the ex'tent necessary to eliminate Conflicts with the Applicant's construction in accordance with the terms and conditions of this Agreement. The Applicant shall make all necessary arrangements and agreements with any person or entity which has facilities attached to the FPL poles for the Relocation of those facilities at no expense to FPL. 7.11 Delecation of Power and Duties and Notice. The following persons are designated as the authorized representatives of the Parties for the purposes of this Agreement and all notices or other communications to either Part,.,, by the other shall be made in writing and addressed as follows: To the Applicant: Allen R. Ruth. P.E.. Froiect Manacer (Name and '~tle) Transportation Enqineerinq & Construction Manaclement Department 2675 Horseshoe Drive South - Suite 401 Naples, FL 34104 With Copies to: For FPL: 7.12 Force Maieure. (a) Mr. Eduardo Garcia, Transmission Relocation Coordinator (Name and Title) FLORIDA POWER & LIGHT COMPANY P.O. Box 14000 ("I'LE-JB) Juno Beach, FL 33408 OCT 0 9 2001 Neither Party shall be liable or responsible for any delay in the performance of, or the ability to perform, any duty or obligation required by this Agreement in the event of a force majeure occurrence. Such occurrence shall include, but shall not be limited to acts of civil or military authority (including courts or administrative agencies), page 5 of 6 Governmental Facilities Relocation Agreement (rev. 2/8/00) acts of God, war, riot, or insurrection, inability to obtain required permits or licenses, blockades, embargoes, sabotage, epidemics, fires, unusually severe floods or weather, strikes, lockouts or other labor disputes or difficulties. The obligation of either Party to pay money ina timely manner is absolute and shall not be subject to the force majeure provisions. Force majeure as used herein means, without limitation, any cause or event not reasonably within the control of FPL or the Applicant. (b) In the event of any delay resulting from a force majeure circumstance, the time for performance hereunder shall be extended for a period of time reasonably necessary.to overcome the effect of such delays. (c) In the event of any delay or nonperformance caused by a force majeure circumstance, the Party affected shall promptly notify the other in wdting. ?.13 Severability. In the event that any of the provisions or portions or applications thereof of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the Applicant and FPL shall negotiate an equitable adjustment in the affected provisions of this Agreement. The validity and enforceability of the remaining independent provisions shall not be affected. 7.14 Effective Date. This Agreement shall become effective upon execution by the Parties and shall continue in effect until completion of all Relocation work by FPL unless otherwise provided herein or earlier termination in accordance with this Agreement. 7.15 Complete Aqreement. This Agreement shall be signed by the authorized representatives of both Parties and constitutes the final wdtten expression of all the terms of the agreement between the Parties and is a complete and exclusive statement of those terms. Any and all pdor or contemporaneous course of dealing, representations, promises, warranties or statements by the Parties or their agents, employees, or representatives that differ in any way from the terms of this written Agreement shall be given no force or effect. IN WITNESS WHEREOF, the Parties have executed this Relocation Agreement, to be effective as of the date first above wdtten. APPLICANT: Board o£ 6ounty Commlss±oners of 6o11±er County, Flor±da By: James D. Oarter~ Ph.B. Title: Cha±rman Date: Attest: FLORIDA POWER & LIGHT COMPANY: By: 'Fitie: Date: (Seal) Title Approved as to form & legaJ suff~cienc~ Assistant Count] Attorney AGENDA'tTEM OCT 0 9 2001 page 6 of 6 Governmental Facilities Relocation Agreement (rev. 2/8/00) FPL FACILITIES RELOCATION AGREEMENT EXHIBIT A Existing FPL facilities are those located in the 100 foot FPL easement, Deed Book 30, page 27, which runs on the east side of Goodlette-Frank Road from Pine Ridge Road to the FPL parcel, O.R. 524, page 121, just south of Vanderbilt Beach Road; and which consist of transmission lines supported by wood poles in an H-pole config-uration. .am FPL full size engineer/ng drawing which is too bulky to attach and which depicts these facilities will be retained in the Transportation Engineering & Construction Management Department office for review. OCT 0 9 2001 c\ FPL FACILITIES RELOCATION AGREEMENT EXI~BIT B The construction draxvings for the work to be performed by FPL consist of several engineering drawings which are too bulky to be attached. These draxvings will be retained in the Transportation Engineering & Construction Management office for review. OCT 0 S 2001 Pg. .~" __~.~ 09/18/01 T~ 12:28 FA~ 561 694 4161 SB/JB ~001 Facsimile Cover Sheet TRANSMISSION PROJECTS .- REL OCA TIONS SEND TO Mr. Allen R. Ruth TELEPHONE NUMBER: (941) 774-895~ COMPANY/DEPARTMENT: Collier County Government FACSIMILE PHONE NUMBER: (941) 774-9370 Submitter's Name' EDUARDO GARClA DEPARTMENT: TRANSMISSION PROJECTS TELEPHONE NO: [ FAX NUMBE.~: TIML'" 561-694-4760 561 .,¢, 94-4986 DATE: September 18, 2001 TOTAL PAGES (INCLUDING THIS SHEET) SPECIAL INSTRUCTIONS: ATTACHED IS THE FPL ,SummaW Est.mate Of Cost, Also Known as EXHIBIT "C ". Thank you. Ed .............. IF YOU DO NOT RECEIVE THIS MESSAGE CLEARLY, Lr-ASc C©NTA'::'~ .... FACSIMILE OPERATOR'S NAME: C, i PO- 09/18/01 TUE 12:28 FAX 561 694 4161 SB/JB ~002 _this Estimate FLORIDA POWER & LIGHT COMPA3~Y Valid through S ..I/M~. Y _ESTIMATE OF COST 10/24/01 FOR: 'C~ffler Count-- - -- ' GOODL£TT£-FRANK Road Improvements Pin. Ridge To Vanderblk Beach Drive REMOVALS : SALV CR RMV COST: ITEM : (A) ENGINEERING : Labor : Transportation & Misc ~=cpenses : Applied Engineering : Sub-Total : (B) LAND & LAND RIGHTS (RT 07 WAY~ Labor Transportation Purchase and/or Easements Payment to Contractor Sub-Total : (C) CONSTRUCTION 3,711 : Labor 1,536 : Transportation & Mist : Material 53,473 : Payment to Contractor 58,720 : Sub-Total : (D) OTHER MAINTENANCE 58,720 : : : Total Installation and Transfer Cost Removal Cost Salvage Credit $ SUBTOTAL Less Credit Ratio of 0.00% Labor Transportation & Misc ~:.~per:se~ Material Payment to Contractor Sub-Total TOTALS Recapitulation of Cost Estimate : CONST/LIKE-LIKE ES~ TW0-0386-009-594 C C Proj~t 6~ ~4 INSTALL & M~INT. iTEM COST TOTAL 114,596 762,135 i;624 672 23,403 25,699 902,432 902,432 58,720 ) 961,152 ) 961,!52 O ,T Oi Net Replacement Cost * Handling, Tax & Ins and Pension & Welfare a~ 'aDp=-c-/e~ 'Rs. res. ,~$77 REV 3/94B Engineer ~ Sh ~ h Submit~-=.C by ....... ~_~.'..~_~__ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING, AS SERVING A VALID PUBLIC PURPOSE, THE EXPENDITURE OF COUNTY FUNDS FOR EXPENDITURES INCURRED AT THE AUGUST 30, 2001, RIBBON CUTTING AND GROUNDBREAKING CEREMONY OF LIVINGSTON ROAD, PHASE I OBJECTIVE: To have the Board of County Commissioners adopt a resolution approving the expenditure of county funds as serving a valid public purpose in connection with the groundbreaking ceremony of Livingston Road, Phase I, held on August 30, 2001. CONSIDERATIONS: Cookies and sof~ drinks were purchased with county funds to be available at the groundbreaking ceremony for consumption by the public. Expenditures do not exceed $44.00. It is necessary that this expenditure be approved as serving a valid public purpose. FISCAL IMPACT: The direct fiscal impact is minimal, and funds are available. GROgVTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached proposed Resolution approving the expenditures of county funds incurred at the Livingston Road, Phase I, groundbreaking ceremony held on August 30, 2001, as serving a valid public purpose. (2) Authorize the Chairman to execute the attached proposed Resolution. SUBMITTED BY: ~"~"4-~//('~ /~''3/- ~''8~'-' Date: 0 f'-2-/- oL Allen R. Ruth, P.E., Project Manager II Transportation Engineering and Construction Management Department REVIEWED BY: ~;~-,,'~,.~N Cb,.;, 7~. ~ Date: Mitch Riley, P. E., Senior Project Manager Transportation Engineering and Construction Management Department AGI~I~ID/~T,i~M No._ OCT 0 9 2001 REVIEWED BY: ffT'";~/'~''''*''' ~' Z'/'ffr'~-~'-' Date: Stephen L. Miller, P. E., Director, Transpo~ation Engineering a~onstmction Management Department ~PROVED BY: "7~~ Date: Nd~'~.~ea4r, AICP Tra~p~ation Administrator RESOLUTION NO. 2001 A RESOLUTION APPROVING, AS SERVING A VALID PUBLIC PURPOSE, THE EXPENDITURE OF COUNTY FUNDS FOR SPECIFIC EXPENDITURES INCURRED AT THE AUGUST 30, 2001, RIBBON CUTTING AND GROUNDBREAKING CEREMONY OF LIVINGSTON ROAD, PHASE I WHEREAS, Collier County Ordinance No. 8%5 allows for the expenditure of County funds to enhance County employee productivity, promote and generate good will toward county government in the community, and to encourage increased employee responsiveness to the needs and requests of the citizens and residents of the County; and WHEREAS, Ordinance No. 87-5 requires that the Board adopt and implement a Resolution setting forth the specific purpose of expenditures, incurred pursuant to the Ordinance; and WHEREAS, the Board, through its staff, has held a ribbon cutting and ground breaking ceremony for Collier County in recognition of the opening of Livingston Road, Phase I, between Radio Road and Golden Gate Parkway; and WHEREAS, the Board hereby approves the expenditures for the ceremony and finds that they serve a valid public purpose; and WHEREAS, the Collier County Clerk of Courts has conferred with the County Attorney's Office regarding the need for clarification about the specific expenditures which the Board of County Commissioners intends to approve as serving a valid public purpose, even if the expenditures are not covered by the exact expenditure categories set forth in Collier County Ordinance No. 87-5. AGEJ~DA~'EM OCT O 9 2001 pg. -~ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The expenditures in the amount not to exceed $44.00 for the Collier County ribbon cutting and groundbreaking ceremony held on August 30, 2001 are hereby found by the Board to serve a valid public purpose and are also hereby approved. The specific expenditures hereby approved are: Cookies Soft drinks 2. The Board of County Commissioners hereby authorizes the disbursement of funds not to exceed $44.00 to pay for said expenditures. This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: As Deputy Clerk JAMES D. CARTER, Ph.D., CHAIRMAN Approved as to form and legal sufficiency: Chief Assistant County Attorney ladRamiro/Resolutions/Resolution Refreshments' LivRd9-7-01 2 EXECUTIVE SUMMARY REQUEST BOARD APPROVE A LANDSCAPE MAINTENANCE ,~ ~REEMENT AMONG THE ESTUARY AT GREY OAKS AND THE ESTUARY -(OPERTY OWNERS' ASSOCIATION, THE CITY OF NAPLES AND COLLIER COUNTY, OBJECTIVE: To provide for enhanced landscaping along Golden Gate Parkway and to assure adequate maintenance for the enhancement. CONSIDERATIONS: The Board of County Commissioners recently authorized staff to work with the developer of the Estuary at Grey Oaks project (Agenda Item 16B(14), July 31, 2001) in the preparation of a multi-party Agreement for landscape maintenance of the Grey Oaks PUD frontage along Golden Gate Parkway. That Agreement is attached to this Executive Summary (Attachment No. 1). The Agreement permits the installation of a new curving sidewalk, enhanced landscaping, irrigation and provision for ongoing maintenance of all improvements within the County' s right-of-way. The County has the right, under the Agreement, to direct the developer or the property owners' association (POA) to make any necessary repairs or, if the County's direction is not complied with, to make the repairs and bill the developer or the POA. Further, the Agreement indemnifies the County from any action on the part of the developer or the POA that might be detrimental to the County. Finally, the Agreement incorporates a set of Maintenance Specification that the developer and the POA must comply with. a~ISCAL IMPACT: There is no fiscal impact as a result of this Agreement. All expenses ~.~d' ~ th'-~ improvements and the associated ongoing maintenance shall be the responsibility of the developer and the POA. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve the attached Agreement and authorize the Chairman to execute it on behalfpfthe Board. SUBMITTED BY: ~..-" ~ ' Edward J/~ant, P~,} T/ir~ ~ti~)perations Director APPROVED BY: Normatn Feder,' .&I~P, Transportation Administrator Attachments: No. 1 - roposed Agreement OCT 0 9 2001 LANDSCAPE MAINTENANCE AGREEMENT AMONG ~COLLIER COUNTY, THE CITY OF NAPLES, THE ESTUARY AT GREY OAKS AND THE PROPERTY OWNERS ASSOCIATION THIS AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of , 2001 by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County") whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and the CITY OF NAPLES (hereinafter referred to as "City") whose mailing address is: City Hall, 735 8th Street South, Naples, Florida 34102, and the ESTUARY AT GREY OAKS< LTD. (hereinafter referred to as "the Estuary") whose mailing address is: 4200 Gulf Shore Boulevard North, Naples, Florida 34103, and ESTUARY AT GREY OAKS PROPERTY OWNERS ASSOCIATION, INC. (hereinafter referred to as the "POA") whose initial mailing address is 4200 Gulf Shore Boulevard North, Naples, Florida 34103, for the landscaping and hardscaping improvements and landscape maintenance of Golden Gate Parkway from Airport Road westerly to the east bank of the Gordon River along the northerly right-of-way line of said Airport Road. WITNESSETH: WHERE~S, this section of Golden Gate Parkway is within both the boundaries of the County and the City; and WHEREAS, the northern right-of-way line of this section of Golden Gate Parkway borders on the property of the Estuary, and WHEREAS, the Estuary, at its expense, desires to provide an enhanced landscaping treatment along the concrete wall erected along the north right-of-way line of Golden Gate Parkway from Airport Road to the Gordon River; and, replace the existing straight sidewalk with a sidewalk that will curve between the road edge and the right-of-way line providing intermittent planting beds along the length of the roadway; and WHEREAS, the POA desires to maintain the enhanced landscaping and curved sidewalk for an indefinite period of time; and WHEREAS, it is agreed to by the County, the City, the Estuary, and the POA, that this Agreement is in the best interest of, and is a substantial benefit to, the general public. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, it is agreed by the parties as follows: AGEISDA iTEM 1. The Estuary shall, at its own expense, complete the desi~ landscaping and hardscaping, including sidewalk, irrigation lines and drain 1 t O01 .ge [aCllltles, in accordance with Florida Department of Transportation standards, for the area between the north curb line and the north right-of-way line of Golden Gate Parkway from Airport Road westerly to the east bank of the Gordon River. Prior to the commencement of any construction, the Estuary shall provide three copies of the signed and sealed construction documents to the County and the City for review and approval. 2. In general, the project shall consist of removing the existing sidewalk; constructing a new curving sidewalk; and, installing landscaping along the north side of Golden Gate Parkway. The Estuary shall pay for all costs associated with the project including construction and installation and all work shall be completed by January 1, 2002. After construction of the landscaping and hardscaping, the POA shall be responsible for maintenance of the said sidewalk and landscaping. Maintenance activities shall be in accordance with the standard Collier County Landscape Operations Section specifications, as detailed in the attached Exhibit "A". 3. If required by the County, the City shall cooperate in the issuance of any permits needed from the City for the said sidewalk and landscaping. 4. The Estuary expressly agrees for itself and the POA for itself, its successors and assigns, not to use the hereinafter-described right-of-way in a manner which would interfere with or adversely affect the traffic operation or maintenance of Golden Gate Parkway. 5. The Estuary expressly agrees for itself, its successors and assigns, that the County and the City reserve unto themselves, for the use and benefit of the public, a right of passage for pedestrian traffic along the said right-of-way. 6. Should the POA fail to maintain the improvements in accordance with County approved plans and specifications, the County may provide notice to the POA in writing, specifying the nature of the deficiency in maintenance. Within five (5) working days of receipt of such notice, the POA shall cause the appropriate repairs to be effected, at no cost to the County. In the event damage to, or failure to maintain the improvements results in a situation where public safety is at risk, the County may, at its option, effect repairs to the improvements itself, without the need for prior notice to the POA, and present a bill to the POA for all actual costs incurred in effecting the repairs. The POA shall cause these actual costs to be reimbursed to the County within thirty (30) days of receipt of the County's bill. 7. The Estuary, as it pertains to initial construction, and the POA, as it pertains to maintenance, as Indemnitor hereunder, shall indemnify and save harmless the County as Indemnitee hereunder, from any loss or damages Indemnitee may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including attorney's fees and costs of litigation, against them arising out of the Estuary's or the POA's use of the right-of-way for the purposes set forth in this Agreement to the extent such use violates a term of this Agreement. 8. Indemnitee agrees to give Indemnitor written notice of any claims filed against ....... in connection with this Agreement within thirty (30) days of the d~ h- thaA~~ the County is aware of such claim. No. OCT 0 2001 2 Pg._ 9. Prior to commencing work on any improvements contemplated by this Agreement, the Estuary shall obtain a right-of-way permit from the County which shall address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures, if any, during the time that work is to be performed. The Estuary shall be responsible for temporary closure of the sidewalk and appropriate signage. 10. This Agreement shall remain in full force and effect from the date it is recorded in the Public Records of Collier County, Florida and until the earliest to occur of either (i) the County implements any plan that modifies Golden Gate Parkway, or (ii) the County determines that the improvements cause a safety or capacity issue. 11. In the event either party hereto shall institute legal proceedings in connection with, or for the enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees, at both trial and appellate levels. 12. This Agreement shall be effective upon recording in the Public Records of Collier County, Florida, and the benefits and burdens established hereby shall inure to and be the obligation of the parties and their respective heirs, successors or assigns. 13. This Agreement constitutes the entire understanding among the parties and any previous agreements, whether written or oral, are superseded by this Agreement. 14. This Agreement may only be amended by written agreement of all parties. 15. Provided the landscaping and construction has not commenced, the County may terminate this Agreement at any time by giving the City and the Estuary sixty (60) days written notice. 16. Florida. This Agreement shall be governed in accordance with the laws of the State of OCT 0 9 2001 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., Chairman DATED: ATTEST: TARA NORMAN, Clerk CITY OF NAPLES By: BONNIE R. MacKENZIE, Mayor (1) Signature Printed/Typed Name Wit~~'ignature Printed/Typed Name Witness' Signature Printed/Typed Name Printed/Typed Name ESTUARY AT GREY OAKS, LTD. By: Estuary of Naples, Inc. Its Ge~artner ,--,,,,OD,, Signature LAURENCE A. MULLINS Executive Vice President (Corporate Seal) ESTUARY AT GREY OAKS PROPERTY OWNE~SSOCIATION, INC. Signature LAURENCE A. MULLINS President AGENDA~TEM OCT 0 9 2001 ~._ ~ Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Approved as to ic,~ legal sufficiency: City Attomey RIGHT OF WAY GROUNDS MAINTENANCE SPECIIrICATIONS These spec/fications are intended to provide the information by which private entities may understand the minimum requirements of Collier County relative to maintaining County right-of-ways. Records of all specification requirements shall be kept and made available to the County's representative upon request. A. MOWING .~ND EDGING Mowing and edging shall include medians as well as those areas, if existing, along the outside edge of the sidewalks of adjacent properties. All turf shall be mowed with mulching type mower equipment to eliminate the need to bag and transport grass clippings. Should bagging be necessary, the bagged chppings shall be collected and removed at no addit/onal cost. Grass shall be cut at a height of three and one half inches (3 ½"). The frequency of cutting will be weekly or fifty-two (52) t/mes. Mechamcal edging of the tuff shall be done with each mowing along all sidewalk edges, back of concrete curbs, around all plant beds, utility service boxes, street light bases, sign posts, headwails, guardrails, timer pedestals, posts and trees. Metal blade edging is not permitted along plant bed and turf edges where sub-surface imgation systems exist. Mechanical metal blade edging is permitted along back of curbing. Grass root runners extending into the mulched areas shall be cut and removed when the edging is performed. Edging will also be required in all turf areas around isolated trees, sprinkler heads, valve boxes, shrubs, sign posts, manholes, etc. where they exist. All debris on streets, sidewalks or other areas resulting from edging shall be removed. No herbicide shall be used for edging. All sidewalks, curbing and/or gutters shall be cleaned after each service. All sidewalks shall be blown clean, but no clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right- of-way areas. B. WEEDING Weeding of plant beds, sidewalks (asphalt, concrete or pavers), guardrail bases, and curb joints as well as other mulched areas by chemical and/or hand removal will be performed weekly or as necessary to provide a weed free and well maintained area. C. GENERAL SITE PRUNING General site pruning shall be defined as the pruning of any plant's foliage below a ten-foot (10') level. All groundcovers, shrubs, canopy trees and palms up to a ten foot (10') level, shall be inspected and pruned on a weekly or an as needed basis, so to maintain the proper or required heights for visibility, vehicular movement purposes and desired shape or form as determined by County's representative. Pruning shall also include removal of water sprouts, suckers and any dead or diseased forage or branches. During the first week of October and April, ornamental grasses, such as Fountain grass, Florida Gama or Fakahatchee grass shall be pruned in a pyramid shape to a twelve inch (12") or twenty-four inch (24") height based upon the type of plant. Ornamental type grasses such as Liriope muscari 'Evergreen giant', shall only be pruned at the direction and approval of the county's representative Plant material with a canopy over pedestrian or sidewalks shall be maintained at a rninirn~ twen~ inches (120"). Shrubs and groundcovers adjacent to pathways or sidewalks shal/be p: (1') of clearance from the edge of the pathway. It is recommended that adjacent sim maintained so that they angle or are rounded away from the pathway. ~s ~ OCT 0 9 2001 pg. '~ LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) D. TRASH REMOV:kL With each service, all site areas shall be cleaned by removing all trash or debris to include, but not be limited to; paper, bottles, cans, other trash, and horticultural debris. All debris or trash pick-up shall be performed "prior" to mowing m all turf areas. The disposal of all trash and debris must be at a proper landfill or disposal site E. STREET CLEANING/SWEEPING Street Cleaning A four-foot (4') wide area measured from the face of the curb and gutters including mm lanes shall be cleaned with each site service to remove any accumulation of debris or objectionable growth so to maintain a neat and safe condition. F.. TRAFFIC CONTROL The Developer shall comply with the requirements of Collier County's Maintenance of Traffic (MOT1 Policy. copies of which are available through the Risk Management or Purchasing Department. The Developer shall obtain and review the County MOT policy requirements prior to submitting a bid. The Developer will be responsible for obtaining copies of all required manuals, MUTCD, FDOT Road;vay & Traffic Design Standards Indexes, or other related documents, so to become farmhar with their requirements. Strict adherence to the requirements of the MOT policy will be enforced under this Contract. To assist in employee visibihty; approved bright day-glow red/orange colored safety vests shall be worn by employees when servicing the area. G. C.~NOPY TREE AND P)~LM PRUNING For this site, canopy trees shall be defined as any large shrub, tree or palm with foliage above a ten-foot (10') level. All canopy trees and pakms shall be pruned on a continuous basis to create and maintain a seventeen-foot (17') canopy clearance over the roadways and a ten-foot (10') canopy clearance over all pathways. Canopy trees shall be select/vely pruned twice per year in April and September so to thin the interior canopy of cross branching and to shape the canopy of the trees. The County's representative shall approve a professional licensed to prone trees under the direction of a Licensed Landscape Architect, .~rborist, Tree Surgeon, or other approved professional shall do the priming and shaping. The work shall be performed per ANSI A300 "Standard Practices for Trees, Shrubs and Other Woody Plant Maintenance" and done in a professional manner in accordance with "Pruning Standards" of the National Arbor/st Association or accepted local trade standards and practices. Palms shall be primed annually during June of each year. The palms shall be pruned to a "Tropical Cut~' or to a nine (9) o'clock - three (3) o'clock angle from horizontal at the base of the palm's bud or lowest fronds. Approximately seven (7) to ten (10) green fronds shall be left at the head after pvming. The pruning shall include removal of all nuts, seed stalks, brown or dead and lower fronds. The work shall be done in a professional manner in accordance with accept~tble trade standards and pract/ces. The palms shall not be climbed with tree sp/kes to remove the fronds. The pruning shah be accomplished by the use of a ladder, boom truck or lift. All debris from the pruning shall be removed and the site shall be left in a lean and neat manner. 0 2001 P-2 September 7,2001 pg. -- ~ LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) When the annual or bi-annual heavy pruning work is being performed with the use of a lift or boom track, it is requ/red that the adjacent traffic or mm lane to the work area, be closed using traffic conlrol devices and signage per the current F.D.O.T. traffic control standards and indexes. H. FERTILIZATION Granular fertilization of shrubs and groundcovers shall be applied by hand in a twelve-inch (12") wide radius ring around the base of the plants. Granular femlization of the Trees and Palms shall be determined by the cahper (diameter) of the mink and broadcast by hand in a band around the plant's base from a distance of 12" to the drip line of the palm, wherever possible. An 8 oz. cup equals one (1) pound. Trees and palms shall receive one (1) cup per one-inch (1") caliper. Shrubs and groundcovers shall receive one (1) cup per three foot (3') of height or spread. Shrubs and groundcover shall receive one- half (½) cup per eighteen inches (18") of height or spread. All fertilizer shall be swept off all sidewalks, concrete curbing and paving. The femlizer shall be applied as set forth in the following schedule. Turf Areas and Plant Beds contamm.~ Shrubs, Groundcovers and Trees The (13-3-13) fertilizer shah be applied at a rate often (10) pounds per one thousand (1000) sq. ft. for all areas. Four apphcat/ons of (13-3-13) fertilizer will be applied yearly during the months of February, May, July, and October. Palms Developer shall apply approved by County's representative palm fertilizer during February, May, July, and October as specified below. Should yellowing occur on the top fronds, manganese sulfate will be required and if on the lower fronds, Sul-Po-Mag or equivlalent will be required to be applied with the palm fertilizer at the rates specified. I. MULCHING Organic Mulch Areas with no mulch or new planting areas shall have mulch placed to provide for a four inch (4") non-compacted or unsettled depth measured from the existing soil grade. The area to receive the mulch shall be raked level to estabhsh the proper fimshed grade and have all weeds removed prior to the placement of the mulch. Two inches must be apphed to replenish this mulch twice a year, during November and during May. J. LA,NE CLOSURE Lane closure for median maintenance shall be lmaited. Upon proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc., the lane maybe restricted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M., Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday, unless otherwise approved by the County' s representative. K. IRRIGATION SYSTEMS The imgation systems shall be checked and repaired as necessary. Each zone shall be manual' once a week and a thorough mspectson conducted to ascertain proper operation of the system. ( existing, shall be reviewed weekly and operated quarterly to insure proper operation. Maintena include cleaning and adjustment of heads, nozzles, valve boxes and valves filters to insure pra filters and back/low preventers, replacement of heads and nozzles, inStallation or replacement, September 7,2001 ~ turned nn at the yaJy~ ac~[~sponsibllit~ll ~ Der coxl:r,,~e,.re~i~w of LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) PVC piping breaks or subsurface piping or restricted sprinkler lines, replacement of damaged valve boxes/lids and adjustment of controllers and ram shutoff sWitches for settings and operation. Where reqmred, the Developer shall maintain on site reclaimed water irr/gation signage. Subsurface Irrigation Systems: No excavation or mechanical metal blade edging around plant beds shall be done Within the 1Light-of-way. Mechanical metal blade edging is permitted along the back of curbing. Weekly Service Reqmrements: 1. A visual inspection of the subsurface irrigation systems shall be performed weekly to determine if the systems are functioning normally and if cuts, leaks, piping damage, flooded areas ex/st, and repair as necessary,. Th/s shall also include review and re-setting of the controllers and m-ground moisture sensor adjustments or other ram sensing devices as needed. System Computer / Controller a. -Operate, adjust, and set controller to provide proper operation of the systems. b. Diagnose and repair electrical and mechanical malfunctions. c. Monitor and adjust the system zones moisture levels based upon moisture sensor readings. d. Operate controller on automatic, manual and single trip operation. e. Monitor controller standby battery backup and replace as reqmred. 3. Automatic Control Assemblies and Quick Coupling Valves a. Review control valve assembly and by-pass system for proper settings. b. Open zone control valve assemblies and quick coupling valve boxes to review valves for leaks; pressure gauge operation; proper settings and are clean of debris or mulch. Pum~) Sites a. Inspect for proper operation. b. The Developer shall record and provide to the Count-y's representative the well water flow meter readings for the two well locations on the General Maintenance Report Sheets. 7. Review system water source connections to include water meters, back/low preventers, gate valves, points of connection and main fines for proper operation. Monthly Service Requirements: 1. Automatic Control Valve Assembly a. Manually operate valves, and clean valve assembly filters. 2. Back,flow Assembly a. Review assembly for proper operation and clean filters as needed. 3, _(~tick Coupling Valves a. Review boxes and operate valve. 4. Pump Sites a. Once a month, the Developer w/il trouble shoot each pump station, checking amperage draw and document the results for furore reference b. Manually nm the system to ensure proper coverage and that no sprinkler heads and nozzles are spraYing onto the roadway. Clean and adjust sprmkter heads and nozzles and h-r/gat/on she[ds to c. The Developer will check all zone wiring and solenoid conditions through the "OCT 0 9 2001 document the results for future reference. d. The Developer will clean the strainer filters and inspect them for wear at Pump Stal P4 September 7,2001 LANDSCAPE MAINTENANCE SPECIFICATIONS (Continued) 5. Manually nm the system with open flush caps and review sprinkler head indicators located at the end of zones. 6. Review pressure gauge readings at control valve assemblies for each zone, as well as gauges located at the end of zones where present to determine the system and porous piping is functioning properly. 7. Check, analyze and adjust flow control devices as required. Quarterly Service Requirements: 1. Review all subsurface system piping, valve assembhes, wiring, moisture sensors and controllers for overall general operation and provide adjustments as required to assure proper operation and imgation apphcation. Conventional Pop-up Irrigation Systems: Weekly Service Requirements: 1. Each median zone shall be manually turned on at the valve to ascertain proper operation of the system. 2. Repair system for any blown-off heads, broken lines or leaks around heads or valves. 3. Check the controllers and ram sensing devices for proper operation and settings. 4. The Developer shall further adjust all sprinklers heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. 5. Within all work areas the Developer shall review the plant mater/al and turf for dry conditions and it' found correct the problem. Monthly Service Reqtfirements: 1. Manually mn the system, clean and adjust sprinkler heads/nozzles and concrete donuts as necessary to ensure for proper coverage and that there are no sprinkler heads/nozzles spraying directly into the roadway. A. Each median and side r/w zone shall be manually turned on at the valve to ascertain proper operation of the system. B. Repair system for any blown-off heads, broken lines or leaks around heads or valves. C. Check the controllers and ram sensing devices for proper operation and settings. D. The Developer shall further adjust all sprinkler heads to ensure that all landscaped areas receive one hundred percent (100%) irrigation coverage. Within all work areas the Developer shall review the plant material and turf for dry conditions and if found correct the problem. General Service Reqmrements for Irrigation Systems: P-5 September 7,2001 OCT 0 9 2001 o LANDSCAPE MAINTENANCE SPECIFICATIONS (Co f~'~ hued) Should South Florida Water Management District or other governing imgation systems shall be inspected and all controllers set to the manda::' or Agency. Subsurface systems are exempt from water restrictions. :stablish water restrictions, the ,; operation set by the District Replace defective heads or nozzles, install or replace defective risers spnnkler lines. minor breaks or restricted Replace damaged valve boxes/hds if caused by the Maintenance Developer. Inspect, clean and replace, if necessary, screew'filters within the sprinkler txeads. Keep all grass and mulch out of all valve boxes. All valve boxes in sod :; ire to be kept at sod level. All valve boxes in plant beds are to be kept two inches (2") above finished muich level. Inside of aH valve boxes shall be kept clean, and the valves ~i,.all be kept one hundred percent (100%)accessible. One hundred percent (100%) imgation coverage shah be maintained ~vitki2~ _:Il irrigated landscaped areas while this Contract is in effect. Notification to the County's representative is required when acts of vandalism ~)r accidents have occurred to the irrigation system. Photos shall be taken and provided to the County's representative at no added cost. MISCEISANEOUS IRRIGATION MAINTENANCE RESPONSIBILITIES 1. Should the temperature be forecast to be below thirty-four (34) degrees, the Developer shall be responsible for turning the imgation system offin order to protect plants fi:om possible fre~::c 2. It shall be the Developer's responsibility to notify the County's representative of any irrigation problems or additional irrigation maintenance needs. 3. The irrigation service personnel must trouble shoot time clocks, i.e. po,,~er-m ii0 volt and 24-volt fuses, 24 volts output when necessary. 4. The irrigation service personnel must trouble shoot any pump start relay, main fuses and capacitors when necessary. L. BRICK PAVERS All median brick paving shall be pressure cleaned twice per year, in April and November, to remove marks, gum and other dirt that may be deposited on the surface areas. Upon finding damaged areas, the Developer shall clean-up debris if present, and/or flag offthe areas with protective barriers and/or high visibility haz;urd tape. Damaged areas must be repaired as quickly as possible. M. Pest Control Trees, Palms, Shrubs, Groundcovers, and Sod must be closely monitored for pests and diseases and must be treated appropriately by a licensed Pest Control Operator approved by the County's representative. P-6 September 7,2001 OCT 0 9 2001 EXECUTIVE SUMMARY AWARD BID #01-3281, "BAYSHORE-AVALON BEAUTIFICATION TAXING UNIT (MSTU) ROADWAY GROUNDS MAINTENANCE". MUNICIPAL SERVICES OBJECTIVE: To obtain Board approval for the award of Bid #01-3281, Bayshore-Avalon Beautification MSTU Roadway Grounds Maintenance, to Commercial Land Maintenance, Inc. CONSIDERATIONS: On August 22, 2001, Purchasing Department sent notices to 54 vendors for Bayshore-Avalon Beautification MSTU Roadway Grounds Maintenance. 2. On September 5, 2001, a non-mandatory pre-bid meeting was held. 3. On September 19, 2001, three (3) bids were opened. Staff reviewed the unit pricing. 4. Staff recommends award of this bid to Commercial Land Maintenance, Inc. as the lowest, qualified and responsive bidder. The bid tabulation is attached. FISCAL IMPACT: Funds in the amount of $161,683.90 are available in the Bayshore-Avalon Beautifcation MSTU Fund 160. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #01-3281 to Commercial Land Maintenance, Inc. for the Bayshore-Avalon Beautification MSTU Roadway Grounds Maintenance, and authorize the Chairman to execute the standard contract after review by the County Attorney's Office. PREPARED BY: .'~ ~ DATE: '~' P_~"--O / tersen, Engineer I~cape, Operations 'P_.am'ela J~ Lulich,,~LA~nds~' Operations Ma(~gerT Edward J. Kant,/q~,~r'ansportation Operations Di~ect6r SteEh~ Y. ~arnell, Pu'rchasing Director No['r~n'~E. Fe~er; AIOP, Transportation Administr~t~ 7 ( AGE~A i~EM, OCT O 9 2001 EXECUTIVE SUMMARY AWARD OF RFP 01-3234 "BUS STOP SHELTERS" FOR IMMOKALEE CIRCULATOR AND COLLIER AREA TRANSIT (CAT). OBJECTIVE: To award RFP 01-3234 to the selected vendor and to obtain Board of County Commissioner approval of a bus shelter design which will be installed in four locations in Immokalee to serve the needs of the transit system users. CONSIDERATIONS: Collier County currently has a grant from the Florida Department of Transportation in the amount of $30,000 for the installing of bus shelters in Immokalee. These funds will no longer be available after December 31, 2001. The prior BCC direction was to select one bus shelter design for the entire county. No shelters will be installed with the city limits of Naples. The RFP was publicly advertised on June 18, 2001. Notices were sent to ten firms with twenty firms requesting the full RFP package. Nine firms submitted proposals by the due date of August 3, 2001. On September 10, 2001, the Selection Committee meet to review and rank the proposals submitted under RFP-01-3234. The following firms were shortlisted by consensus: Brasco International, Rockwell and Columbia Equipment. The Collier Metropolitan Planning Organization at their September 28, 2001 meeting approved the attached shelter design for installation in the Immokalee area only. The cost of for the four shelters is estimated at $29,318. Further presentation and discussion will be required prior to final selection of shelters in other areas of Collier County. r'~X,.FISCA_.L IMPAC_.T: Florida Department of Transportation Grant in the amount of $30,000 will cover the cost of the initial shelters in Immokalee if installed by December 31, 2001. Collier County has approved a budget of $250,000 for the purpose of transit enhancement from gas tax revenues (313). GROWTH MANAGEMENT IMPACT: This is consistent with the Transportation Element of the Growth Management Plan to promote transit in Collier County. RECOMMENDATION: That the Board of County Commissioners approve the bus shelter design for the Immokalee area, authorize award to the selected vendor based on the design selection and authorize staff to purchase the shelters from the approved vendor. Prepared by: //~ J//~~----~~~ Date: ./__0-3_-__0/ Daw-r~R. Wolfe, Tra~sportation/~/.a~ning Director Reviewed by= u~;s, re, S e rvic es DDi r~tc~:o r 10 -3'(~ Approved by: N/m~n'"E" Fader, n Services Administrato'r ~--- / · L OCT 0 9 2001 10/03/01 05:46 FAX 313~930499 Mr. Bob Herfington Collier County Government Ref: - Shelter Pricing I~RA$CO INTERNATIONAL 1000 Mt. Fllioff D~it, MI 48207 PHONE: (800) 893-,3665 FAX: (31,3) 393-0499 October :3, 2001 We are pleased to submit our quotation for'the shelters per your request_ We propose to ' manufacture and deliver Four (4) 5' x 12' ',Canopy Style Shelters. The steel framing members are galvanized before palntinglto~rease the durability and resistance to rusting: Features are as follows: .: · - Heavy Steel Frame - paint co]of'~elected by owner White. Dome Roof ' '.i." Oak Bench Seating : Hardware Kit and Installation I~ctions. Shipping 7-10 weeks a~er all a~'p.'rovals. "'" Freight: FOB Destination ." :' .' Installation not included: Taxes,.'N/A - Four (4) 5' x 12' Canopy Styl~ Sheiters'(~'$7,167.00/each or $28~665,00/tolal ii Note: ' Prices valid for 30 days: Shipping ~Ub. iect to change at time of order receipt: ' Shelter'most be ~ehored into cono'ete: If i:_ .~lu'~ed, eK~dneerifig ~amp or calculations are additional ($650.00 for stamp by Florida Structfiral Engineer). Bras¢o-International, Inc. shelters are shipp~l knocl~M down in prefabricated wall sections and completed roof modules. All.gti'uctu~ clips are factory afiached for installation ease. ,' Date Sincerely. Kevin Chown Brasco International, Inc. Acceptanc~ Authorization ; ' Tide & Data i. Th6 above prices, specifications and condifi6ns are ~atiafactory and are hereby accepted. · You are authorized to do the work as note;I-:', · ' '" No. I LO ¥o OCT 0 9 2001 Terms: Net 30 Days Pg. ~ ~02 EXECUTIVE SUMMARY APPROVE THE PLACEMENT OF TWO "WELCOME TO GOLDEN GATE ESTATES" SIGNS FOR THE GOLDEN GATE ESTATES AREA CIVIC ASSOCIATION WITHIN COUNTY ROADWAY RIGHTS-OF-WAY. OBJECTIVE: To provide an enhancemem to the Golden Gate Estates area by marking two of the major entry points. CONSIDERATIONS,,: The Golden Gate Estates Area Civic Association (GGEACA) has requested that they be permitted to place two signs within the public rights-of-way of Golden Gate Boulevard and Randall Boulevard (Attachment NO. 1). These locations are considered as two of the major entry points to the Golden Gate Estates area. The sign structures (Attachmem No. 2) will be placed by the CJGEACA at no cost to the county under a right-of-way permit. The right-of-way permit specifies that all costs and liability associated with the placement of the signs within the right-of-way will be borne by the permittee. The GGEACA has also requested that the permit fees be waived. FISCAL IMPACT: If the Board approves the waiver of the permit fees, the revenue lost will be $125.00 to Fund 101, Transportation Services. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approves the placement of two signs within the fights-of-way of Golden Gate Boulevard and Randall Boulevard for the GGEACA and authorize the Transportation Operations Department to issue the right-of-way permit for them. However, consistent with prior actions, staff recommends that the Board not wave the permit fees, as such, that the permit fees be paid by the GGEACA. SUBMITTED BY: APPROVED BY: Attachments: __ //} DATE: Zrn~n E.~~~TmsPo.~on Adminimt0r" DATE:/t9///¢~/ lq"¢ r" ....... AGENDA fTEM !~' 1 - Request from GGEACA ! I No. 2 - Location Map for signs I 0{51'~-~ · kant e II1: =ent: To: Subject: LHMH19@aol.com Wednesday, September 26, 2001 11:56 PM EdKant@colliergov.net; JimColetta@colliergov.net; NormanFeder@colliergov.net (no subject) Dear Ed, As chairman of the transportation/sign committee, and Board of Director of the Golden Gate Estates Area Civic Association, I would like to thank you for all of your help. We, in the Estates, are proud of our unique area and signs at the main entrance ways will welcome all to our community. We have requested to be permitted to place a sign at Golden Gate Blvd. and another at Randall Blvd. at no cost to the organization for the permitting fees. You have mentioned that you have been in contact with Mike Davis, who is building the signs to the county's specifications. With all of his experience, I'm sure you will be able to work out all of the details. It is our hope that we will be able to have the sign lighted, and possibly a minimal amount of local landscaping around the signs. Any further help that you can give us with this project would be greatly appreciated. I travel on Golden Gate Blvd. daily, and, like many of our members, are quite impressed with how quickly, and smoothly, the project is progressing. We expected many more delays and confusion. Thankyou also for your concern for our community. If you need any further information, e-mail me or give me a call. Sincerely, Linda Hartman OCT 0 9 2001 Pg. ~ OCT 0 9 2001 a~¥A':l-'lnOe .N31'I-IO'D OCT 0 g 2001 Pg. ~ EXECUTIVE SUMMARY APPROVE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH WATER RESOURCE SOLUTIONS, INC. FOR THE NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL, RFP 00-3122, PROJECT 73948. OBJECTIVE: To design and construct the North County Water Reclamation Facility (NCWRF) Deep Injection Well which will be utilized for disposal of excess reclaimed water which cannot be used during wet-weather and effluent which cannot be reused. CONSIDERATIONS: In response to non-compliance discharges of effluent during wet weather events, the Board entered into a Consent Order with Florida Department of Environmental Protection (FDEP) on July 26, 1995. Interim relief was secured with a pipeline connection to the existing injection wells at our North Regional Water Treatment Plant. This satisfied the intent of the FDEP Consent Order by providing a back-up method to dispose of excess reclaimed water. However, longer-term effluent management needs justify an injection well at the NCWRF. Presently, the NCWRF is permitted to send 6.3 million gallons per day (MGD) to the North County Water Treatment Plant deep injection wells for alternate wet weather disposal of public access quality reclaimed water. The NCWRF is being expanded to increase wastewater treatment capacity from 8.5 MGD to 13.5 MGD. Additional wet-weather disposal capacity is needed to keep pace with the on- going facility expansion. Likewise, the need to continue reliance on the North County Regional Water Treatment Plant's injection wells for alternate reclaimed water disposal will be eliminated. The design will be based on the recommendations in the technical memorandum, "NCWRF Extended Area of Study for Evaluation of Alternative Sites for Disposal of Reclaimed Water by Deep Well Injection", dated August 2001, prepared by Greeley and Hansen LLP/Water Resources Solutions, Inc. This technical memorandum evaluated four different deep injection sites and determined the best design location is the NCWRF. It is also the most cost effective design whereas the next best location will basically double the construction cost. Locating the proposed injection well at the NCWRF will also improve the ability to maintain regulatory compliance. Water quality standards for public-access reclaimed water are strictly enforced. Effluent quality is continuously monitored for compliance. Whenever effluent quality approaches, or goes outside acceptable parameters for reclaimed water, the effluent is immediately diverted Executive Summary Approve Professional Services Agreement for NCRWRF Deep Injection Well RFP 00-3122 Page 2 to designated on-site storage ponds which can hold up to 12.5 million gallons. The proposed injection well improves reliability by providing an alternate means of effluent disposal in the event that the designated storage ponds are full. The County's other major wastewater treatment plant, the South County Water Reclamation Facility (SCWRF), operates an injection well. The proposed injection well will serve the same function as the injection well at the SCWRF. On October 24, 2000, as Agenda Item 16(C)(4), the Board approved the selection of Water Resource Solutions, Inc. (WRS) for design and construction services for the North County Water Reclamation Facility (NCWRF) Deep Injection Well, and authorized staff to negotiate a professional services agreement. Staff has negotiated a scope of work and fees with the selected consultant, Water Resource Solutions, Inc. The scope of work consists of two main project elements which are the deep injection well and the injection pump station. WRS will design a deep injection well capable of handling current 13.5 MGD capacity and an injection pump station with capability to add a future second deep injection well commensurate with the planned plant expansion to 30.6 MGD in 2005. Total estimated fees to provide these services are $1,163,604.00. Signed agreements are attached for the Chairman's signature. County Attorney approval of the agreement has been obtained. FISCAL IMPACT: Funds in the amount of $1,163,604.00 are available in County Wastewater Capital Projects. Source of funds is Fund 413 - Sewer Impact Fee. GROWTH MANAGEMENT IMPACT: This project is needed for the disposal of excess reclaimed water during wet weather at the NCWRF 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). The current and future expansions of the NCWRF to meet growth demands leads to increased flows, thus requiring increasing the existing back-up reclaimed water disposal capacity by providing a deep injection well. 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 the Professional Services Agreement with Water Resource Solutions, Inc., to provide professional engineering services related to the design and construction of the NCWRF Deep Injection Well. A~A IT£# NO. /~ ~ OCT 0 9 O0 Executive Summary Approve Professional Services Agreement for NCRWRF Deep Injec~: Page 3 'X~ell RFP 00-3122 PREPARED BY: /'~'' ' DXI'E: MohanV. Thampi, P..~,,Project Managc~' Public Utilities Engineering Department Jo0 Cheatham, Wastewater Director Public Utilities Division D A T E: APPROVED BY: Jam~[ V. Mudd, Utilities AdmSnistrator Public Utilities Division Attachments: Professional Services Agreement MVT:mvt OCT 0 9 200! ~a.,, ~ "NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL" PROFESSIONAL SERVICES AGREEMENT THIS 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 Water Resource Solutions, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business address is 428 Pine Island Road SW, Cape Coral, FL 33991 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering services of the CONSULTANT concerning certain design services for "North County Water Reclamation Facility Deep Injection Well" (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, THEREFORE, in consideration of the mutual contained herein, the parties hereto agree as follows: WRS-PSA-1 covenants and provisions AG£ I~OA IT£~I OCT O 9 2001 PG. ~ ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional engineering services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to' be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for ali Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida'and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. 1.5. CONSULTANT agrees to employ and designate, in wdting, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and WRS-PSA-2 responsible to act on behalf of the AG£NOA 0CT 0 9 2001 CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this"Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a wdtten statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement. The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in wdting to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional practice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, VCRS-PSA-3 ,0._ /4c j OCT 0 9 2001 rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to. be" provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior wdtten consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 1.10. CONSULTANT asserts to OWNER that all evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated pdces will not vary from any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no WRS-PSA-4 AG(~ NO.~ I TEI'i NO. /¢-e.. [ OCT [) 9 2001 additional cost to OWNER, if all responsive and responsible L-'. of construction costs prepared by CONSULTANT. ~:<ceed the estimates 1.11. CONSULTANT shall not be responsible for means. 'tethods, techniques, sequences or procedures of construction selected by contractors nor for the safety precautions and programs ir~cident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (exc~ those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. WRS-PSA-5 OCT 8 9 .001 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Florida D~partment of Environmental Protection, Florida Department of Transportation, South Flodda Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless the specific obligations regarding the specified permit are expressly included in Basic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of Services. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintenance and overhead expenses; the preparation of feasibility studies, cash-flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services dudng out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise expressly provided for herein. WRS-PSA-6 AGi~ NOi IT[SI NO.. /CC.. I OCT 9 2001 PG. 2.9. Providing any type of property surveys, aedal photography or related engineering services needed for the transfer of interests in real properS/and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted professional engineering practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: WRS-PSA-7 A~FIOA IT£1~ NO. /~,~'_ [ OCT 0 9 2001 PG. /~) 3,2. (a) The scope of services to be provided and performed by the CONSULTANT hereunder; ' (b) The time the CONSULTANT is obligated to commence and complete all such services; or (c) The amount of compensation the OWNER is obligated or committed to pay the CQNSULTANT. The Project Coordinator shall: (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. WRS-PSA-8 AG~NO& ITEM ~o. /c~ [ 0CT 0 9 2001 PG. , II 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided during ti~es that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property dghts required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, or be deemed to have waived any dght which CONSULTANT may have had to request a time extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, WRS-PSA-9 NO. /~ (~. ~ OCT 0 9 2001 ~. /~1_ .. including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any ~"ght to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for eady completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by CONSULTANT have not been completed within twenty-four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period , plus all time extensions granted by OWNER to CONSULTANT. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof. WRS-PSA-IO ~. /$C_. 0CT 0 9 2001 ,~. 1.3, ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, ~' -:~.cords, documents, tracings, plans, specifications, maps, evaluations, reports, comp'~er assisted design or drafting disks and other technical data, prepared or developed b,,' C©NSULTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, documents, tracings, :olans, specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CONSULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim adses out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such ~se is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt Agreement. of which is acknowledged by OWNER through the signing of this ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be ~o. /~ ¢---. I WRS-PSA-11 0CT 0 9 2001 retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Proje~'t is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary dudng the pedod of this Agreement and during the five (5) year pedod noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all Fosses, liabilities, , damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from 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 the construction contract or work performed thereunder. WRS-PSA-12 NO. /~, cL [ OCT 0 9 2001 ~G.,. /3" ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain an carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constitL~ting an agreement between the OWNER and any such other person or firm. Nor shall anything in this Agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER adsing out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. WRS-PSA-13 OCT 0 9 2i01 ARTICLE TWELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in matedal default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTANT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termination for convenience, CONSULTANT'S recovery against OWNER AG£NOA ,0. l~.e_. I WRS-PSA- 14 0CT 0 9 2001 /7 shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any co~:ts reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. CONSULTANT must mitigat~ all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Section 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two-(2) calendar days prior wdtten notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. WRS-PSA- 15 0¢1 [1 9 2001 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Tr~ih-ln-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1. CONSULTANT represents that it presently has no interest and shall acquir~ no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents that no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to. this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: WRS-PSA-16 AG[NOA ~o. /~ e.. / OCT 0 9 200! /? Board of County Commissioners, Collier County Florida ~' cio Public Utilities Engineering Depa~ 3301 Tamiami Trail East Naples, FI. 34112 Attention: Mohan V. Thampi, P.E. 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and sh~i! 'se delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following C©NSULTANT's address of record: Water Resource Solutions, Inc. 428 Pine Island Road SW Cape Coral, FL 33991 16.3. Either party may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the prior wdtten consent of OWNER. WRS-PSA-17 ~o. /~.~ [ OCT O 9 2001 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shaii not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the .purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 49 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such pdor agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to services funded by the United States government. 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, Flodda. WRS-PSA- 18 AGENDA .o.. /~c.. -- OCT 0 9 2001 IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for "North County Water Reclamation Facility Deep Injection Well" the day and year first written above. ATTEST: Dwight E. Brock, Clerk 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- By: Date: By: James V. Carter, Ph.D, Chairman Approved as to form and legal sufficiency: Assistant County Attorney Witness % \ Witness WATER RESOURCE SOLUTIONS, INC. Lloyd E. Horvath, P.E., President (CORPORATE SEAL) WRS-PSA-19 SCHEDULE A SCOPE OF SERVICES Schedule A consist of the following component Pads: A.1. DESCRIPTION OF PROJECT Basic Services ('Lump Sum) A,2, A.3. A.4. A.5. A.6. DESIGN EVALUATION PRELIMINARY DESIGN FINAL DESIGN CONSTRUCTION CONTRACT AWARD PROCESS CONSTRUCTION ADMINISTRATION Additional Services (Time and Reimbursable Expenses) A,7. A.8. A.9. A.10. A.11. DETAILED OBSERVATION OF CONSTRUCTION UIC PERMITTING FOR INJECTION WELL CONSTRUCTION PUBLIC RELATIONS PROGRAM OPERATIONAL PERMIT MISCELLANEOUS SERVICES WRS-PSA-20 AG£NOA IT£# NO. /4. E. I OCT O 9 2001 -" A.1. Description of Project Summary The June 1997 Collier County 201 Facilities Plan identified the need for a deep injection well to be constructed at the North County Water Reclamation Facility (NCWRF) for excess effluent disposal during wet weather. The well will also be used to dispose of reject water not meeting reclaimed water effluent criteria. The Owner is seeking the services of a team of qualified professional ~ngineers and hydrogeologists to provide complete planning, permitting, and design services including: hydrogeological investigation, preliminary design reports, final design, water quality testing, permitting, site civil, surveying, geotechnical, cost estimates, bidding, and construction management, engineering, inspection and testing services during construction. Details Water Resource Solutions, Inc. (WRS) shall provide Professional Engineering Services to design and oversee construction of a deep injection well system including a new pumping station and transmission facilities at the Collier County North Water Reclamation Fa. cility (NRWRF). Engineering services shall be as follows: Provide location and configuration of two deep injection wells with one monitoring well. Determine USDW zones during and define monitoring locations. Provide/develop all data necessary to permit the two deep injection wells for disposal of final effluent from the wastewater treatment system. Provide engineering services through the permit application process, follow-up as required to requests for information and attend the standard public hearings. Provide engineering services for piping to convey 37.1 MGD of final treated effluent from wastewater treatment system to the new Injection Well Pumping Station and the modified storage pond control structures; Provide engineering services for final treated effluent water piping to convey 37.1 MGD of final treated effluent to and from existing Water Storage Pond Nos. 1 and lA to the new Injection Well Pumping Station; Provide engineering services for a new injection well pumping station with pumps, piping, electric service, and supervisory control to service one deep injection well with a capacity of 18.6 MGD. The system design and construction will accommodate future expansion to 37.1 MGD when the second deep well is constructed in the future. WRS-PSA-21 AGI~NOA IT[Iq t~0. /~ d.. OCT 0 9 ZOO! Provide engineering services for transmission mains from the new NCWRF Deep Injection Well Pumping Station to the Deep Injection Well Head piping for one deep injection well with a capacity of 18.6 MGD. The system design will accommodate expansion to 37.1 MGD when the second deep well is constructed in the future. Provide engineering services for well design including materials, drilling details, casing depths, diameters, and other parameters necessary to assure satisfactory performance of the deep injection well and the dual-zone monitor well. Provide engineering services for injection well head pipe, fittings, valves, flow meters, and appurtenances for one deep injection well with a capacity of 18.6 MGD; and for the dual-zone monitor well. The system design will accommodate expansion to 37.1 MGD when the second deep well is constructed in the future. 10. Provide plugging and abandonment plan in the event of failure to encounter a suitable injection zone. The project site area is at the NRWRF, which is located at 10500 Goodlette Road North, Naples FL 34109. The NCWRF as an 8.5 mgd plant currently under expansion. TASK A.2 DESIGN EVALUATION 2.1 Conduct an evaluation of the recommended alternatives for construction of the proposed injection well system as recommended in the report entitled "Extended Area of Study for Evaluation of Alternative Sites for Disposal of Reclaimed Water by deep Well Injection" by Water Resource Solutions, August, 2001 to obtain further input from the CollierCounty Department. 2.2 Prepare Documents for undertaking the initial Preliminary Design meeting TASK A.3 PRELIMINARY DESIGN 3.1 Preliminary Design Meetings 3.1.1 Participate in Preliminary Design Meetings, to present and discuss Preliminary Documents and Submittals and to receive and discuss comments from Collier County Wastewater Department. A meeting will be conducted at the 10 percent design stage. 3.1.2 Prepare documentation of the meetings. 3.2 Preliminary Design Report - To be provided at 30 Percent Completion Engineering 3.2.1. Consult with the County to define and clarify requirements and obtain available data. WRS-PSA-22 NO. //- OCT 0 9 2001 3.2.2. 3.2.3. 3.2.4. 3.2.5. Identify, consult with, and analyze requirements o~ ~:.,,ernmental authorities having jurisdiction to approve the design and partici:'~;e in consultations with such authorities. Prepare Preliminary Design Report to include, schem~::: :: !ayouts, sketches and preliminary design concepts for alternative piping and pur-::ping systems that meet the requirements established by County and documented in the "North County Water Reclamation Facility, Technical Memorandum, Extended Area of Study for Evaluation of Alternative Sites for Disposal of Reject Reclaimed Water by Deep Well Injection, August, 2001" by Greeley and Hansen/Water Resource Solutions. Furnish copies of the Preliminary Design Report to ~h~; 3ounty, for their review and comment. Revise the Preliminary Design Report in response comments, as appropriate and furnish final copies. 3.3 Preliminary Drawings and Specifications 3.3.1 Perform design services and prepare Preliminary Drawings and Specifications. 2.3.2 Furnish copies of the Preliminary Drawings and Specifications to the county for review and comment. 2.3.3 Revise the Preliminary Drawings and Specifications in ,-~sponse to comments, as appropriate, and furnish final copies of the revised Preliminary Design Report. 3.4 Preliminary Opinion of Probable Construction Cost 3.4.1 Prepare Preliminary Design Report level opinions of probable construction costs for alternative piping and pumping systems presented in the Preliminary Design Report. Include Preliminary Design Report level opinions of probable construction costs in the Preliminary Design Report. 3.4.2 Prepare preliminary opinion of probable construction cost based on completed Preliminary Drawings and Specifications. 3.4.3 Furnish copies of preliminary opinions of probable construction cost, for review and comment. 3.5 Geotechnical Services 3.5.1 Provide and coordinate Geotechnical Services as required for design the new injection well pumping station and reject water control structures. 3.5.2. Furnish copies of the Geotechnical Report to the County WRS-PSA-23 AG£NOA IT£H N0. /6d_. ~ OCT 0 9 2001 3.7 Public Information Program The County may elect to undertake a public information program to demonstrate to the public the safety and benefits of the deep injection well process. The alternative elements of the public information program that may be included in the work scope will be determined at the project kickoff meeting. A.4 - Final Design 4.1 Survey of Site Obtain a survey as required to design improvements and prepare bidding and construction drawings. 4.2 Geotechnical Report Obtain a geotechnical report to be used in designing improvements and prepare bidding and construction drawings. 4.3 Prepare Detailed Construction Drawings and Specifications Prepare final Drawings and Specifications, for permitting, funding, bidding, negotiation, and construction, of new facilities and modifications to existing facilities required to construct the injection well and monitor well and pumping and transmission system to convey reject water from existing reject storage ponds to the new deep injection wells. 4.4 Design Review. 60 Percent The first final design review meeting will be held when design documents are approximately 60 percent complete. Five (5) printed copies of the 60% Drawings and Technical Specifications be submitted at this time. The following information will be submitted for review: 1. Mechanical and piping detailed design drawings showing location of all items. 2. Civil/site plans, plumbing, and structural plans sufficiently complete to show location and structural details. 3. Control schematics and electrical equipment layout drawings. 4. Equipment specifications. 5. Detailed design of the injection well head, monitor well head and equipment WRS-PSA-24 A~.~NOA ITE#I N0._ /Cd_. [ OCT O 9 2001 .G. .2 7 6. Cost opinion for all project elements. Design review meeting minutes will be prepared. 4.5 Final Design Review The second design review meeting will be held when contract documents are approximately 90 percent complete. Five (5) printed copies of the 90% Drawings and Technical Specifications be submitted at this time. The following documents will be reviewed: Complete set of Contract Drawings. The final version of the Project Manual showing all specifications. Cost opinion for all project elements. 4.6 VALUE ENGINEERING 4.6.1 Value Engineering Workshop 4.6.1a Furnish copies of 90-percent Preliminary Drawings, cost opinions for Value Engineering workshop. Specifications, design data, and 4.2.1b Conduct presentation of 90-percent Preliminary Design to Value Engineering Team 4.2.2c Participate in meetings of Value Engineering team to present recommendations developed during the Value Engineering workshop. 4.6.2 Value Engineering Response 4.6.2a Conduct an evaluation of Value Engineering team recommendations and prepare responses to recommendations. 4.6.2b Participate in Value Engineering review meeting with the County to present and discuss evaluations and responses. 4.6.2c Incorporate approved recommendations and proceed with 100-percent final design. 4.7 Final Design Documents WRS will furnish drawings, specifications, project criteria and design data, and written descriptions for the County's use in filing applications for permits with or obtaining approvals of governmental authorities having jurisdiction to review, approve, or review and approve the design and assist in connection therewith. Application forms, drawings, specifications, and supporting documents. Where required, application forms, drawings, specifications, and ~0. I~-¢- WRS-PSA-25 0CT 0 9 2001 supporting documents will be signed, dated, and sealed by a Florida licensed Professional. Two separate Bid Packages will be prepared; one for the injection well drilling and one for the pumping and transmission facilities. Six (6) printed copies of the Final Drawings and Technical Specifications be submitted. A.5 Contract Award Process Collier County may elect to use the negotiation process for contracting with the drilling company to construct the wells. In this case a bid process may be used for the pumping stations, pipeline, electrical and instrumentation portion of the work. WRS will prepare completed bid documents for all work to be bid. 5.1 Prebid Conference WRS will conduct a prebid conference. Questions will be logged and appropriate responses will be provided. Addenda, as necessary, will be distributed. 5.2 Bid Evaluation WRS will provide the following services with regard to the bid process: 1. Consult with and advise the County as to the acceptability of subcontractors, suppliers and other individuals and entities proposed by the bidders. Consult with and advise the County in determine the acceptability of substitute materials and equipment proposed by bidders, when substitution prior to award of the Construction Contract is allowed by the Bidding Documents. 3. Attend the bid opening and prepare bid tabulation sheets and for evaluating bids or proposals and assist in awarding the Construction Contract. 5.3 Negotiation with Selected Drilling Contractor If the negotiation process is chosen, WRS will provide the County with price details for similar wells drilled within the last three years. The comparative projects will be specifically identified. This information will include detailed costs for injection wells, monitor wells and various testing items. It will also call out special unique items that may have affected the cost of certain jobs. We will assist the County in the evaluations of all proposals and in negotiation process to ardve at an acceptable fair price for the work. A.6 Construction Administration WRS will provide comprehensive management of the construction of the injection well and all associated facilities. The WRS project manager will have overall responsibility to coo,-,4i,-,~t,~ s-Ps^-26 I OCT 0 9 2001 lPG. construction operations. He will assure that the appropriate team members are providing the necessary review of contractor performance and adherence to the schedule and that all quality control procedures are followed. All submittals will be promptly reviewed to assure compliance with specifications. A pre-construction meeting will be conducted prior to the onset of construction. 6.1 Applications for Payment Based on WRS's on-site observations as experienced and qualified professionals and on review of applications for payment and the accompanying supporting documentation a determination of the amounts owed to Contractor will be made in writing. 6.2 Advise Owner Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but not limited to pre-construction conference and monthly coordination meeting with OWNER and contractor. Review materials and workmanship of the Project and report to OWNER any deviations from the Contract Documents that may come to the Consultants attention; determine-the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if, in the CONSULTANTS judgment, such action is necessary to allow proper inspection, avoid damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. Notify OWNER of any such requested deviations or substitutions and when reasonably necessary provide OWNER with a recommendation concerning same. Prepare work change orders as directed by OWNER. 6.3 Record Documents and Completion Report Upon completion of construction WRS will prepare a Construction Completion Report that includes all information data and information developed during the construction of the wells. The report will include copies of all geophysical logs and video surveys. It will also note any changes that may have occurred during construction of any facilities. The completion report will also include a detailed description of the drilling program and the drilling records. The document will comply with the conditions of the FDEP permit. We will then supply three copies of the report and supporting records to the County and required number of documents to the FDEP. Record Drawings will be prepared for new facilities and for the modifications to existing facilities required to convey reject water from existing reject water storage ponds to a new deep injection well and new facilities required for operation of monitoring well AGENO& [TE#I .0. WRS-PSA-27 OCT 0 9 2001 PG. 6.4 Start-up Assistance & Operator Training The WRS Team will conduct a training session to explain the operation and maintenance of the facilities. We will work with the plant operator to address optional programs for using the injection well. 6,5 Operation and Maintenance Manual An Operation and Maintenance Manual will be prepared for the injection well and monitor well system. The maintenance data provided by the manufacturer of each piece of equipment will also be incorporated in the Operations and Maintenance Manual. Four (4) copies of the Operation and Maintenance Manual will be submitted A.7 Detailed Observation of Construction 7.1 Field Services During Drilling and Construction Construction services will begin with the County's issuance of notice to proceed to the contractor(s). Construction of the injection well and monitor well is done on a 24-hour-pe~.day basis. Throughout the drilling period WRS will have a qualified hydrogeologist on site to observe the drilling and testing operations processes. We will coordinate tests and maintain communications with the appropriate regulatory personnel to assure compliance with permit criteria. The project director and senior staff geologist will closely monitor field activities and will be present for all important tests and for those issues that require field decisions. Final pressure tests and mechanical integrity demonstrations will be scheduled with the FDEP. Field services cost breakdown assumes that the drilling of the injection well and monitor well are completed within 5 months of the time that construction commences. 7.2 Construction Progress Meetings and Reports For drilling of the injection well, weekly meetings will be held at the construction site to review the work and progress on the drilling of the wells. The County staff is invited to attend all meetings. Daily reports will be prepared by the drilling contractor describing the work accomplished and itemizing quantities. Weekly summary reports will be prepared by WRS addressing all work done. The reports are transmitted to the appropriate TAC and team members. WRS will prepare a monthly report for submittal to Collier County regarding the status of the project. WRS will provide 3 x 5 color photographs of important aspects of the project and provide them to the OWNER along with the appropriate notations. For construction of the pipeline and associated facilities, six construction progress meetings will be held and construction will be inspected over a maximum 240-day period. WRS-PSA-28 A¢.,~ NOA IT[N No. /cc 0CT 0 9 2001 7.3 Operational Testing Permit The injection well will not be eligible to receive an operational perm- ~til it has experienced one year of operational testing. After the final pumping and pr.:;~ure tests have been conducted and mechanical integrity has been demonstrated, WES ','.~'=~ :omplete all processes to request and obtain an operational testing permit. WRS will de,,-:~ ~ a program to obtain sufficient information during the period of operational testing to meet :~ ~ ,~eeds for issuance of the final operational permit. A.8 UIC Permit Application The FDEP permit application for the injection well will be submitted during the preliminary design Task. WRS will respond to questions of the FDEP and attend one public hearing after the "Notice of Intent to Issue" has been advertised. The permit review, information exchange and formal permit issuance process typically requires about six months time. A.9 Public Relations Program During the Preliminary Design stage of the project, the project team will meet to discuss the elements of a public relations program. Among the items that may be included in the program are preparation press releases and fact exchange meetings with the press and/or local officials. The work scope of this element will be defined during the project design period. A.10 Operational Permitting After one year of operational testing or as soon as sufficient operational records have been obtained, WRS will prepare an application for an operational permit. The submittal will include tabulation and graphical representation of one year of operating and monitoring records, and explanations regarding the data and performance of the system. WRS will develop the plan for the County to obtain the necessary data. We will supply all required information and coordinate the process through issuance of the permit. This work scope does not include negotiations or potential additional meetings or hearings due to objections or complications due to the well performance. A.11 Miscellaneous Services The Consultant will perform other additional services, which are n~t part of the above scope and which cannot be defined at the time of original agreement, as authorized in writing by the County, during preliminary design, detailed design, bidding, construction, startup, or after completion of construction. WRS-PSA-29 i ,~G£ NO,~ IT£# ~0. IF.C_. [ . OCT 0 9 2001 SCHEDULE B BASIS OF COMPENSATION B.1.1. As consideration for providing Basic Services as set forth herein in Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B. 1.2. Payment For Basic Services under Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A shall be paid on a lump sum basis in accordance with set milestones as follows: (a) the A.2 milestone shall be the submittal to OWNER of the Design Report and CONSULTANT'S initial professional opinions of probable total Project and construction costs. (b) the A.3 milestone shall be the submittal to OWNER of the preliminary Contract Documents and CONSULTANT'S preliminary opinions of probable total Project and construction costs. (c) the A.4 milestone shall be the submittal to the OWNER of the final Contract Documents after OWNER'S approval of detailed opinions of probable total Project and construction costs. (d) the A.5 milestone shall be the award of bids by OWNER. (e) the A.6 milestone shall be the close-out of construction contract, final inspection and submittal of record drawings and final report of variations from the construction Contract Documents. B.1.3. Payment for Basic Services under Parts A.3, A.4 and A.6 of Schedule A shall be paid on a lump sum fee basis in equal monthly installments as follows: WRS-PSA-30 AC~ NOA .0.. /~.~ 0CT 0 9 2001 (a) (b) (c) payment for Basic Services under Part A.3 shall be paid monthly based upon the preliminary design time plus one month, the last payment to be twice the others (i.e. a 6-month design time will yield 6 monthly payments; 'the first 5 of which will be equal to one-seventh (1/7) the fee shown on Attachment A for Part A.3. Preliminary Design). However, payments shall commence no sooner than thirty (30) days after submittal of the Design Report and shall occur no more often than monthly, except last payment due for the services provided under Part A.3 (i.e. twice the previous monthly payments) shall not be made until submittal to OWNER of the preliminary Contract Documents under Part A.3. payment for Basic Services under Part A.4 shall be paid monthly based upon the final design time plus one month, the last payment to be twice the others (i.e. a 6-month design time will yield 6 monthly payments; the first 5 of which will be equal to one-seventh (117) the fee shown on Attachment A for Part A.4. Final Design). However, payments shall commence no sooner than thirty (30) days after approval and acceptance by OWNER of the Preliminary Contract Documents and shall occur no more often than monthly, except last payment due for the services provided under Part A.4. (i.e. twice the previous monthly payments) shall not be made until approval and acceptance by OWNER of the preliminary Contract Documents under Part A.4. payment for Basic Services under Part A.6 shall be paid on a monthly basis based upon the construction time plus three months, the last payment to be twice the others (i.e. a 7-month construction schedule will yield 10 monthly payments; the first 9 of which will be WRS-PSA-31 OCT 092001 .. __ equal to one-eleventh (1111) the fee shown on Attachment A for Part A.6 Construction Contract Administration). However, payment shall commence no sooner than thirty (30) days after the Notice to Proceed to the contractor and shall occur no more often than monthly, except the last payment due for the services provided under Part A.6 (i.e. twice the previous monthly payments) shall not be made until the close-out of construction contract, final inspection and submittal of record drawings and final report of variations from the construction Contract Documents under Part A.6. Services in excess of the fee shown on Attachment A for Part A.6 Construction Contract Administration not due to delay caused by CONSULTANT shall be considered Additional Services. B.2.1. As consideration for providing Basic Services under Part A.7 entitled "Detailed Observation of Construction" and for propedy approved Additional Services set forth in Article Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of Additional Services", OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable cost basis. Payments for Part A.7 services and properly approved Additional Services shall be made monthly on a time and reimbursable cost basis computed in accordance with either Attachment B entitled "Consultant's Employee Houdy Rate Schedule" for employees working under this Agreement or Attachment C entitled "Consultant's Estimate of Additional Services". Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays, shall be increased by a factor of 1.5 applied to Attachment B provided such overtime work is approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. WRS-PSA-32 NO. OCT O 9 2001 PG. ,~' B.2.2. Reimbursable costs shall mean the actual expenditures made by the CONSULTANT while providing Basic Services under Part A.7 or Additional Services under Parts A.8, A.9, A. 10, and A.11, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses (b) for transportation and subsistence incidental to out-of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Parts A.2, A.3, A.4, A.5 and A.6 of (c) (d) Basic Services; when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: (a) (b) (c) (d) expenses for transportation and subsistence; overhead, including field office facilities; overtime not authorized by OWNER; or expenses for copies, reproductions, postage, handling, express delivery, and long distance communications. WRS-PSA-33 AG~ NO& ITEM, 0CT 0 9 2001 B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the project being approve~i by the Board of County Commissioners for Collier County Florida ex-officio as the governing board of the Collier County Water-Sewer District. B.3.2. Detailed Construction Observation work performed under Part A. 7. and Additional Services under Parts A.8, A.9, A. 10, and A. 11, shall be paid as substantiated to the limits shown in Attachment C, but not to exceed the sum of those figures without execution of an appropriate Agreement amendment. B.3.3. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear crn all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. B.3.4. CONSULTANT acknowledges that Attachment A - Schedule of Fees for Basic Services, Attachment B - Consultant's Employee Hourly Rate Schedule, and Attachment C - Consultant's Estimate of Additional Services, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5. As compensation for coordinating subconsultant activities for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Part A.7 and Additional Services under Parts A.8, A.9, A.10, and A.11. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually WRS-PSA-34 AGENDA .[ T£/q NO._ OCT O 9 2001 performed the services and any sub-consultant. No administ~,¢, fee or mark-up shall be paid in conjunction with the provision of Basic Services as ~ :: ¢,:.Ah in Parts A.2, A.3, A.4, A.5 and A.6 of Schedule A. END OF SCHEDULE B. WRS-PSA-35 SCHEDULE B - ATTACHMENT A NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL SCHEDULE OF FEES FOR BASIC SERVICES TASK 1 AMOUNT A.2 Design Evaluation Lump sum $4,000 A.3 Preliminary Design Lump Sum $172,521 A.4 Final Design Lump Sum $323,433 A.5 Contract Award Lump Sum $28,845 A.6 Construction Administration Lump Sum $221,588 BASIC SERVICES SUBTOTAL: $750,385 WRS-PSA-36 i aG£NOA ITE# no. 1~ C. 0CT 0 9 2001 SCHEDULE B -ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Principal $125/hour Senior Hydrogeologis. t $100/hour Senior Engineer II $110/hour Senior Engineer l $ 90/hour Senior Scientist II (Project Director) $115/hour Senior Scientist I $ 90/hour Project Hydrogeologist II $ 90/hour Project Hydrogeologistl $ 75.hour Project Engineer II $ 85/hour Project Engineer l $ 75/hour Project Scientist II $ 85/hour Project Scientist l $ 75/hour Hydrogeologist II $ 70/hour Hydrogeologist I $ 65/hour Engineer I $ 65/hour Geologist I $ 60/hour Scientist II $ 60/hour Scientist I $ 55/hour Senior Technician $ 55/hour Technician II $ 50thour Technician I $ 45/hour CADD Designer $ 551hour Office Manager/Document Preparation $ 42/hour WRS-PSA-37 ~o. /ac. ) 0CT 9 2001 ~G. z'~/'~ ~ SCHEDULE B- ATTACHMENT C NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL SCHEDULE OF FEES FOR ADDITIONAL SERVICES TASK FEE A.7 Construction Services Time & Materials $356,065 A.8 UIC Permit Coordination Time & Materials $8,334 A.9 Public Relations Program Time & Materials $7,000 A.10 Operational Permit Time & Materials $16,820 A.11 Miscellaneous Services Time & Materials $ 25,000 ADDITIONAL SERVICES SUBTOTAL: $413,219 WRS-PSA-38 SCHEDULE C NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL PROJECT SCHEDULE Item Description Completion Time A.2 Conduct Tasks A.2. Design Evaluation One (1) month form Authorization to Proceed. A.3 Final Report on Preliminary Design Sixty (60) days from receipt of Report comments from the OWNER. A.3 Submit Preliminary Design and UIC Two months from Authorization to Permit Application. Proceed. A.3 Finalize Design Report and UIC Two weeks from receipt of Application comments by OWNER. A.4 Submit 90 percent design. Six months from acceptance of A.3 documents. A.4 Conduct Value Engineering One month upon receipt of 90% design A.4 Submit Final Design and all Required Two Weeks from receiving Permit Applications comments from OWNER. A.8 Bid and/or Negotiate Construction Ten months from Authorization to Contracts Proceed A.6, A.7 Complete Construction and Submit Nineteen months fromAuthorization Completion Report for Injection Well. to Proceed. A.6 Submit Record Drawings for New Twenty-one months from Facilities and O&M Manual. Authorization to Proceed. A.10 File Operational Permit Thirty-three months from Authorization to Proceed. WRS-PSA-39 ,kG£NOA No. /t.C, t OCT 0 9 2001 SCHEDULE D INSURANCE COVERAGEs. (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by ContractodConsultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the ContractodConsultant/Professional shall be primary to any insurance or self insurance program carded by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. WRS-PSA-40 NO.,, 0CT 0 9 200! PG. (7) ContractodConsultant/Professional shall require each c ~ subcontractors to procure and maintain, until the completion of the subcontractor's work,.insur:-.,'.':e of the types and to the limits specified in this Section unless such insurance requireme,, or the subcontractor are expressly waived in writing by the Owner. (8) Should at any time the ContractoflConsultant/Professicr:~:, ::ot maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Ccntractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) if the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor / Consultant / Professional shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date cf their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required bythis Agreement? (check one) X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the ContractodConsultant/ Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Flodda. The amounts of such insurance shall not be less than: WRS-PSA-41 a. Worker's Compensation - Flodda Statutory Requirements b. Employers' Liability (check one) .,. $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) ' Applicable X Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required bythis Agreement? (check one) X Yes No (1) Commercial General Liability Insurance shall be maintained by the ContractodConsultant/Professional. Coverage will include, but not be limited to, Bodily Injury, ~G£NOA WRS-PSA-42 No. / ocr 0 9 2001 ---Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 5O,OOO General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $50O,O0O $5OO,OOO $5OO,OOO $ 5O,OOO X General Aggregate -- Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no WRS-PSA-43 0C f 0 9 2001 . ~6. .',//_a ', ,h later than the commencement date of the Project and shall provide that in the event of · cancellation or non-renewal the Extended Reporting Pedod (Discovery Pedod) for claims shall be no less than three (3) years. (4) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carded by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) Applicable .. X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carded by the Owner if applicable. (check one) Applicable X Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Florida and in Collier County, property insurance in the i A~d~NOA WRS-PSA-44 NO. 0C1' 0 9 2001 amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any ap. plicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor for any deductible associated with the all-dsk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after WRS-PSA-45 written approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects dudng installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all dghts against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of $ Flood Policy Flood Policy - $1,000 maximum deductible - Maximum deductible of $ WRS-PSA-46 AGI~NOA IT£H OCT O 9 2001 AUTOMOBILE LIABILITY INSURANC: Required by this Agreement? (checkone) X Yes (1) Automobile Liability Insurance shall be maintained by .~',e Contractor / Consultant / Professional for the ownership, maintenance or use of any owne," -,~n-owned or hired vehicle with limits of not less than: (ch~ck one) X Bodily Injury & Property Damage - $ 500,000 Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under ihe policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the iiability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability cc','e,~acjes required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. WRS-PSA-47 PROFESSIONAL LIABILITY INSURANCE Required bythis Agreement? (checkone) X Yes (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insuran(~e shall have limits of not less than: (Check One) 500,000 each claim and in the aggregate __ $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate .. $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. WRS-PSA-48 AG£ND/t IT[Il ~o._ /~. ¢.. 0 9 ZOO1 SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Water Resource Solutions, Inc., hereby certifies that wages, rates and other factual unit costs supporting the compensation for the professional engineering services of the CONSULTANT to be provided'under the Professional Services Agreement, concerning "North County Water Reclamation Facility Deep Injection Well" are accurate, complete and current as of the time of contracting. WATER RESOURCE SOLUTIONS, INC. Lloyd Horvath, P.E., President WRS-PSA-49 0CT 0 9 2001 01/25/01 TffU 17:04 FAX 19415970402 ffu~Sff - NAPLES O001 '~:~'~_~n' .............. :' ................................. ' ............ '"' .......................... ' ........ . - ..... /ONLY AND C~FER5 NO RIGH~ UPON ~E CER~R~TE ~arsh A~v~=age ~e=lca [H~ER. ~lS C~A~ O~S N~ AEN~ ~ND OR 580~ Pelican B~y ~l'v'd St~ G00 ~AL~ ~E C~RAGE ~RDEO BY ~E P~ES 8EL~. Naples, FL 34108 (941) 594-2255 F~(9~1) 597-0490 a ~RI~ ~ FOREI~ INSR CO WATER RESOURCE SOLUTIONS, 428 PINE ISLAND ROAD INC. CAPE CORAL FL 33991 S ROYAL INSU~AN~ COMPANY OF AM C:~Y STEADFAST INSU~ CO / ZURICH D m.~-: .~ ~..?~. ',""~:: u;: ::::i i:.:i!:.'!: :::;:,:!:::,::::;':t:;*;,:. :]i:;:.:i~;i !::':.-;,::-:,.:.:; ¢~,~w..::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :.:::::*:q:;i?'!:. ::::::::::::::::::::::::::::::::::::::.: .?¢::¢;:ir:: :.e:..::::::::::::::::::::::::::::::::::::::::::::::: THIS IS TO C~RTIFY THAT THE POUCIES OF INSURANCE USTL~ BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A~ FOR THE POUCY PERIOD INDICATED, NOTVVlTHSTANDING ANY RI;QUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS :ERTIFICATE MAY BE ISSUEO OR MA~ PERTAIN, THE INSURANCE AFFORDED BY 'r~E POUCIES OESCR1BF.~ HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDFFION$ OF SUCH POUCIES. UMITS SHOWN MAY HAVE BEE~ REDUCED BY PAID CLNMS. T'fPI[ OF IN~UII/,NCE A SP274311 IASP274311 P'LAaSS~O? OS/24/00 0.c/29/00 09/24/00 O!)/24/00 ~ M~'Ifl~TION 09/24/01, 09/24/01 u~ AGGREGATE PROOUCT~ - COMP/OP AGG ~ OCCu~%eNCE C(t'VEilN ED $)NC4_E (Per j~,r~) 3 BODILY INJU~ (Ps, acc~dant) $ $ PHOPg~Pr DNdAGE AUTO ONLY - F_.A ;~'CJDENT O~R THAM AuTO ONLY: ~ ACCI~T ~t. DISEASE - EA E~I~_O~ 09/24/01 ~L OISEA~E -POLlCY $ PROJECT: NCRWRF FAX: 774-9370 BUILDING D COLLIER COUNTY BOARD OF COMMI S S IONEK8 3301 EAST TAMIAMI TRAIL NAPLES FL 34112 Certificate of Insurance This certificate is issued as a matter of information only and confers no rights upon you the certificate holder. This certificate is not an insurance policy an~d. does not amend, extend, or alter the coverage afforded by the policies listed below. .ned Insured(s): ~taff Leasing, LP, By S taft Acquisi ti on, Inc., The General Partner, And The CNA ~.ffiliated Limited Partnerships Of Which Staff Acquisition, Inc. Is The General ~artner And Staff Leasing, Inc. Is The Limited Partner including Staff Leasing of -~00rexas'301LP'BoulevardStaff Leasingwest, of TexaSsuite 20211' LP, Staff Leasing IV, LP RISK MANA 'EMENT ~radenton, Flodda 34205 Insurer Affording Coverage Coverages: Continental Casualty Company The policy(les) of insurance listed below have been issued to the insured named above for the policy period indicated. The insurance afforded by the policy(les) described herein is subject to all the terms, exclusions and conditions of such policy(les). Certificate Exp. Date Limits Type of Insurance [] CONTINUOUS Policy Number [] EXTENDED *B POLICY TERM Employers Liability WC 189165165 Bodily Injury By Accident Workers' 1-1-2002 WC 189165182 $1,000,000 Each Accident Compensation WC 247848874 WC 247848888 Bodily injury By Disease $1,000,000 Policy Limit Bodily Injury By Disease ..~ $1,000,000 Each Person Uther: Employees Leased To: Effective Date: 0Z-JAZZ-2001 1306~.Wa~er ~esource Solutions Inc The above referenced workers' compensation policy provides statutory benefits ordy to employees of the Named insured(s) on the policy, not to employees of any other employer. *if the certificate expiration date is continuous or extended term, you will be notified if coverage is terminated or reduced before the certificate expiration date. However, you will not be notified annually of the continuation of coverage. Notice of Cancellation: (Not applicable unless a number of days are entered below) Before the stated expiration date the company will not cancel or reduce the insurance afforded under the above policy(les) until at least 30 03ys notice of such cancellation has been mailed to: 02-12-2001 Pi1 :u/ Certificate Holder 3OLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COUNTY GOVERNMENT CENTER ATTN MOHAN THAMPI/PUBLIC WORKS ENGINEERING 3301 EAST TAMIAMI TRAIL BLDG D Naples, FL 34112 Martin Oosterbaan Authorized Representative St, Louis~ MO (877)427-5567 05-FEB-2001 Office Phone DI~ ~=u=d~l~OA 0Cf O 9 2001 ~. ~ , ,, EXECUTIVE SUMMARY APPROVE COMMITTEE SELECTION OF FIRMS FOR CONTRACT # 01-3271 "PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS" OBJECTIVE: To obtain Board of County Commissioners approval of Committee's selection of firms for Coastal Engineering Services and authorization to begin contract negotiations for subsequent Board approval. CONSIDERATIONS: A Request for Proposal (RFP) was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one- year renewal options with up to three (3) firms". The RFP was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act. Notices were sent to 144 firms with 26 requesting full packages. Seven (7) proposals were received by the due date of August 24, 2001. A Selection Committee was held on September 13, 2001 and after review and discussion, by consensus of the members, the following three firms (in no order of ranking) were recommended for award: Coastal Planning & Engineering, Boca Raton, FL Humiston & Moore Engineers, Naples, FL Taylor Engineering, Jacksonville, FL FISCAL IMPACT: The funding for each work order that is assigned under the approved contracts will come from each user department. It is anticipated that TDC Category "A" projects will provide the primary source of funds. 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 and, 2) authorize staff to begin contract negotiations for the Board's approval. SUBMITTED BY: '/'~~~ Date: Ron Hovell, P.E., Coastal Projects Manager / / Public Utilities Engineering Department REVIEWED BY: REVIEWED BY: APPROVED BY: Roy l/. Anderson, P.E., Director Public Utilities Engineering Department c.-~~ ,r'/, ~A"~--~ Date: S~ep'l~e'n Y. Ca'ell, Director Purcha in General Services Department J~'es V. Mudd, P.E., Administrhtor Public Utilities Division OCT O 9 2001 EXECUTIVE SUMMARY ADOPT A RESOLUTION TO SUPPORT IMPLEMENTATION OF AQUIFER STORAGE AND RECOVERY TECHNOLOGIES TO PROTECT THE ENVIRONMENT AND PUBLIC WATER SUPPLIES. OBJECTIVE: South Florida Water Management District (District) is requesting the support of local governmental organizations to adopt the attached resolution. CONSIDERATIONS: In a letter dated August 23, 2001, the Chairman of the District, Trudi Williams, requested the support of our organization for the Districts' plans to implement Aquifer Storage and Recovery technologies as a component of the Comprehensive Everglades Restoration Plan (letter attached). FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: This work will have no impact on growth management. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District adopt a resolution to support the implementation of aquifer storage and recovery technologies, and authorize the chairman to sign this resolution. SUBMITTED BY: REVIEWED BY: APPROVED BY: Alicia Abbott, E.I., Project Manager Public Utilities Engineering Department Roy g. Anderson, P.E., Director Public Utilities Engineering Departrnent Public Utilities Division Date: _q-Z'7-O\ Date: 9- 2 -7ro/ Date: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 55 56 57 58 59 6O 61 62 63 RESOLUTION NO. 2001- A RESOLUTION SUPPORTING IMPLEMENTATION OF AQUIFER STORAGE AND RECOVERY TECHNOLOGIES FOR TH]~ PURPOSE OF PROTECTING THE ENVIRONMENT AND PUBLIC WATER SUPPLIES AND EFFECTIVE IMMEDIATELY. WHEREAS, the citizens and environment of South Florida will benefit from the implementation of Aquifer Storage and Recovery (ASR) Projects associated with the Comprehensive Everglades Restoration Plan (CERP); WHEREAS, the proposed CERP ASR components include 333 ASR wells, an unprecedented scale for implementation of this technology; WHEREAS, further research is warranted to ensure that injection of surface waters that may contain microorganisms into Florida's aquifers will not impact public health and water supplies; WHEREAS, there doea not appear to be another storage technology available that can provide multi-year storage to improve or manage for drought conditions, such as those experienced by Florida during the last year and a half; WHEREAS, since ASR technology is not subject to evapotranspiration or seepage losses and requires only an acre or two per ASR well system, it provides significant cost-effective benefits beyond those achievable by above-ground reservoirs already proposed in CERP. NOW, THEREFORE, BE IT IS RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners suppo~s ongoing efforts by the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, and, to proceed in a cautious, methodical manner to answer the many questions about implementing ASR technology, including the concerns about the fate of microorganisms in aquifers; 2. The combined strategy of (a) conducting three CERP ASR pilot projects at Lake Okeechobee, Caloosahatehee River, and Western Hillsboro Basin, as well as a City of West Palm Beach demonstration project, and Co) evaluating the projected impacts of the proposed 333 ASR wells on the environment and existing water users through an ASR Regional Study, is an appropriate way to address these technical issues; and 3. The U.S. Army Corps of Engineers, Florida Department of Environmental Protection, and South Florida Water Management District are urged to conduct the necessary data collection and scientific studies to truly evaluate the ASR technology for the benefit'of Everglades Restoration and long-term regional water supplies as outlined in the CERP. THIS RESOLUTION adopted after motion, second and majority vote favoring adoption this day of ,2001. BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: Deputy Clerk BY: James D. Carter, Ph.D., Chairman Approved as to form and legal sufficiency. By: Thomas C. Palmer, Assistant County Attorney Ac~ xTt., I OCT 0 9 .QO1 ! EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL FOR AN INTERLOCAL AGREEMENT BETWEEN THE PROPERTY APPRAISER AND THE BOARD OF COUNTY COMMISSIONERS FOR USE OF THE GEOGRAPHICAL INFORMATION SYSTEM (GIS) DIGITAL DATA AND TOPOGRAPHY ACQUIRED BY THE PROPERTY APPRAISER IN FY-2000 OBJECTIVE: To provide access to all of the digital photography, plainimetric data, and topography acquired by the Collier County Property Appraiser in Fiscal Year 2000. CONSIDERATION: Collier County has determined the need for a countywide Geographical Information System (GIS). The GIS Taskforce team members have discussed and identified the needs assessment and implementation plan for the County for the next two years. Required software, hardware, personnel, and data requirements have also been identified to fully implement and integrate GIS into the County Government business. The Property Appraiser office has been an integral part of the implementation team and his newly acquired digital photography and topography are key to the success of this aggressive GIS implementation plan. The Property Appraiser has already acquired the digital photography, plainimetric data, and topography. He has agreed to share that information with the County at no cost upon the request by the Board of County Commissioners via an Interlocal Agreement. FISCAL IMPACT: This Agreement saves the County about four million dollars that would have to be spent to duplicate this database. Otherwise, there is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve Interlocal Agreement with the Property Appraiser for the use of GIS data. J,~fi~es V. Mudd, Public Utilities Administrator the REVIEWED BY: APPROVED BY: Date: ~~'~' ~ Date: J~ffi~es V. Mudd, Public Utilities Administrator Collier County Property Appraiser's Office GIS Information Policy Data Licensing Agreement - Personal Use Agreement RESERVATION OF OWNERSHIP All Collier County Property Appraiser's Office, (hereinafter "CCPA") geographic databases (hereinafter "Data"), whether in hard copy or digital form, are copyrighted, original works. CCPA reserves all right of authorship and ownership under United States and international copyright laws in these Data. Any use beyond those described herein, may be a violation of this c6pyright. For additional uses, a separate rider must be executed. DEFINITIONS For the purposes of this license agreement hereinafter "License": A. The "Collier County Property Appraiser's Office GIS Information Policy" refers to the GIS INFORMATION AND USE POLICY implemented by the Collier County Property Appraiser's Office on October 1,2001. A. "Data" means all information, graphic, database, text, annotation, documentation and materials regardless of the form or format in that it is maintained, in which CCPA has authorship or other ownership interest. B. A "Custodial Agency" is that entity that is sanctioned or mandated to act as official repository of the Data. C. A "Right to Use License" means that the Licensee does not take ownership of the Data, but is permitted to make use of the Data subject to the limitations described by this license. D. A "Licensee" is a requester or recipient of Data, regardless of the source fi.om which the Data is received. A Licensee may be an individual or an organization. Notwithstanding, a Licensee may only be a single individual or legal emity such as a corporation or partnership but not a group of entities, such as an affiliation or joint venture. E. Static display means that the Data is in hardcopy form or, if in electronic form, in an image format (e.g., BMP, JPEG, or GIF). GRANT OF LICENSE In consideration of receipt of Data by the Licensee and other value by CCPA, CCPA is willing to grant a non-exclusive, personal, nontransferable "right to use license" to the requester (hereinafter "Licensee") but only on the condition that the Licensee accept all the terms and conditions of this license. In the event that the Licensee does not agree to these terms, all Data shall be returned immediately to CCPA. All rights not specifically granted by this license are reserved to CCPA. © Collier County Property Appraiser's Office, 2001 All Rights Reserved Personal Use License AgreemenffIntergovemmental Rider PERMITTED USES The licensed data may be used by the Licensee for its sole and exclusive, internal use and not by or for the benefit of any other person or entity, including affiliates or other related groups. In pursuit of this license, the Licensee may: A. Install the Data onto permanent, electronic storage devices owned, leased or otherwise controlled by the Licensee. This installation may include one copy, which may be held offsite or outside the immediate control of the Licensee but only for backup or archive purposes. A. Display Data for internal purposes so long as: 1.1 The Data or its images are in the form ora static display; 1.2 The display or images are not conveyed in any manner; 1.3 Credit or attribution is given to CCPA and, where appropriate, the custodial agency; 1.4 CCPA's copyright ownership interest and notice are displayed; and 1.5 Notice that use of the Data is limited by this License agreement, including disclaimers with CCPA. Bo Co The Licensee may use, view, alter, modify, analyze or merge the Data for Licensee's~ own internal purposes, so long as the Data continues to be subject to this License agreement. In addition to this License, there are three other licensing arrangements which, depending on the Licensee's use, may extend permitted uses. These licensing arrangements must be entered into separately as riders to this License. These riders include the Intergovernmental, Commercial Use, and the Publisher Riders. For more information regarding these riders contact the Collier County Property Appraiser's Office GIS Service Bureau, Department of Information System Services. PROHIBITED USES The Licensee may not: A. Ao Sell, copy, gift, lease, sublicense, lend, assign, provide access to or otherwise transfer the Data, in whole or in part, in digital or hardcopy form, to any other party without the express, written consent of CCPA. Obscure or remove CCPA's copyright notices, County or custodial attribution or credit notices, license summaries, liability or disclaimers, or other notices necessary to effectuate and perfect CCPA's interest I socnos n't~ PigellO., lccz[.c/~ [ OCT 0 9 2001 Personal Use License Agreement/Intergovernmental Rider WARRANTIES The Data is provided to the Licensee "as is" without warranty or a~ ~-epresentation of accuracy, timeliness or completeness. The burden for determining :.~..::~racy, completeness, timeliness, merchantability and fitness for or the appropriateness for ~_:~e rests solely on the Licensee. CCPA makes no warranties, express or implied, as to the use o f the licensed Data. There are no implied warranties of merchantability or fitness % r a particular purpose. The Licensee acknowledges and accepts the limitations o ~:~ :l~e Data, including the fact that the Data is dynamic and is in a constant state of maintenance, correction and update. LIABILITIES CCPA's entire liability and the Licensee's sole and exclusive remedy shall be termination of this License, whereupon the Licensee shall remove all digital versions of the Data from all permanent electronic storage devices, including back-ups and archive copies, from all computers owned, leased or otherwise controlled by the Licensee. REMEDIES A. CCPA. Damages, for which the Licensee may be entitled, if an.',', shall be limited to any fees or charges Licensee paid CCPA for the Data. CCPA shall not in any event l~e liable to the Licensee or third parties for any direct, indirect, special, incidental, exemplary, consequential, or punitive damages arising out of this License or use of the Data, however caused or under any theory of liability. Prohibited damages include but are not limited to loss profits, lost sales, business expenditures, and loss of good will. A. Licensee. In the event ora breach or threatened breach of any of the provisions of this License by the Licensee, its agents or employees, CCPA shall be entitled to preliminary and permanent injunctive relief to enforce the provisions herein. Notwithstanding, nothing shall preclude CCPA from pursuing any action or other remedy, including money damages and attorneys fees, for any breach or threatened breach of this License, all of which will be cumulative. TERM The Right to Use License granted by this License shall commence upon the Licensee's receipt of the Data and shall continue until such time that: A. Licensee elects to cease use of the Data and terminates this License, at which time the Licensee must remove and remm all copies of the Data to CCPA; or A. CCPA terminates the License for a breach or threatened breach by Licensee. The parties hereby expressly agree that all provisions of this License that protect the rights of CCPA shall remain in full force and effect irrespective of breach or other termination. OCT O 9 2001 Personal Use License Agreement/Intergovernmental Rider WAIVER Failure or delay of CCPA to enforce any fight or remedy under this License shall not be construed as an implied waiver, or other waiver of any fights or remedies hereunder in the future. ENTIRE AGREEMENT/SEVER.ABILITY The parties agree that this License, together with its riders, represem the sole and emire agreement of the parties relative to the Data and supercedes any other agreements, understandings, and arrangements of the parties. If any provisions of this License shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the remaining provisions shall remain in full force and effect. GOVERNING LAW This License, together with any Riders, is emered into in Collier County Florida. In addition, this License, together with any Riders, will be governed by the laws of the State of Florida, without reference to conflicts of law principles. The parties submit to personal jurisdiction in Collier County, Florida, and hereby waive the fight to a change of venue. Collier County Property Appraiser's Office GIS Information Policy Data Licensing Agreement - Intergovernmental Rider DEFINITIONS For the purposes of this Intergovernmental Rider (hereinafter "Rider"): A. An"'Intergovemmental" organization is a governmental body or other public or quasi- public entity recognized as such under Florida Law. A. The term "Open Records Laws" refers to Chapter 119 of the Florida Statutes. B. "Data" means all information, graphic, database, text, annotation, documentation and materials, regardless of the form or format in which it is maintained, in which CCPA has authorship or other ownership interest. A "Licensee" is a requester or recipient of Data, regardless of the source from which the Data is received. A Licensee may be an individual or an organization. Notwithstanding, a Licensee may only be a single individual or legal entity such as a corporation or partnership but not a group ofemities, such as an affiliation or joint venture. / OCT 200'1 Personal Use License Agreement/intergovernmental Rider INTRODUCTION This agreement is a Rider to the Collier County Property Appraiser's Office, GIS Information Policy Data Licensing Agreement - Personal Use Agreement (hereinafter" License"). Except where provided herein, all terms and conditions of the License govern and control the relationship between Collier County Property Appraiser's Office, (hereinafter "CCPA") and the Licensee relative to the Data. The purpose of this Rider is to foster intergovernmental relations and to permit other units of government to use the Data on a non-exclusive, royalty free basis. PERMITTED USES In addition to the permitted uses identified in the License, the Intergovernmental Rider Licensee may: A. Use, view, alter, modify, analyze or merge the Data for the Licensee's internal purposes. A. Transfer both hardcopy and digital versions of the Data to third parties under Open Records requests so long as: 1.1 Credit or attribution is given to CCPA and, where appropriate, the custodial agency; 1.2 CCPA's copyright ownership interest and notice is displayed; 1.3 Notice that use of the Data is limited by the License agreement, including disclaimers with CCPA; and CONDITION PRECEDENT In consideration of the additional rights afforded by this Imergovernmental Rider, the Licensee agrees to negotiate and execute an Inter-Local Cooperative Agreement with CCPA. AFFIRMATION The undersigned Licensee affirms and warrants that it qualifies as a Intergovernmental entity and that it will observe the terms of this Rider. In addition, the Licensee agrees that if its status as a Intergovernmental Entity changes, that it will execme the appropriate License and/or rider and pay fees in accord with that rider. Failure to do so shall be prima facie evidence of a breach of this agreement and cause for termination of the License and this Rider. Licensee Board of Collier County Commissioners 3301 Tamiarni Trail E. Naples, FL 34112 OCT 0 9 20 1 Personal Use License Agreement/intergovernmental Rider By: Title: Date: By: Title: James D. Carter, Ph.D., Chairman David Weigel, County Attorney ^TT~ ST: O~,~iC, HT E. BROCK, CLERK ag~ /ge.. ~.~ OCT 0 9 200~ EXECUTIVE SUMMARY PRESENTATION OF THE ANNUAL 2001 REPORT OF THE COLLIER COUNTY FILM COMMISSION OBJECTIVE: To present an overview of' Collier County Film Commission operations and accomplishments for the fiscal year 2001. CONSIDERATION: On October 10, 2000, the Board approved a professional service contract with Ms. Maggie McCarty for the operation of the Collier County Film Commission. As requested, an annual report shall be submitted to the Board of County Commissioners for review and consideration. FISCAL IMPACT: There is no fiscal impact associated with this report. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this report. RECOMMENDATION: That the Board of County Commissioners accept the Annual 2001 Report of the Collier County Film Commissioner. / K/athleen McE"a~fT~arp~'nter/J Executive Secrbd/,iry to the Pflblic Services Administrator Le6 E. Ochs, rJ'C.'-' <'7 ? / Public Services Admirfistrator !/ Agenda Item No. lc D 0CT -9 ~ Qi _ SOUTHWEST FLORIDA Dear Commissioner: On behalf of the Collier County Film Commission, I am pleased to submit to you the Annual Report on the operations and activities of the office. The Collier County Film Commission continues to dedicate itself to creating an awareness of Collier County as a favored location for production and to support and expand the local economy. From October of 2000 through August of 2001, the film commission can report: 97 projects wrapped $70,000 increase in monthly production revenue · 316 hotel rooms filled · 259 locals employed · 100% response to all qualified leads · $1,501,149.00 in production revenue generated With a budget of $68,000, actual expenditures incurred were $51,019.33. Therefore, for every $1 spent in the past fiscal year, a return of $29.40 can be seen in direct spending in Collier County. To achieve the goal of enhancing the county's share of the $4.6 billion being spent annually in the state by the film and entertainment industry, the film commission malntaJns competitive and focused client assistance. The fact that four major motion picture companies came to Collier County to scout for projects this year is a direct result of this pro-active stance, demonstrating a new market awareness of the area as a location destination Respectfully submitted, Mag~c=UMcCarty (j Collier County Film Commission OCT - 9 2001 I 755 8th Avenue South · Naples, FL 34102 · (941) 659-FILM · Fax: J941J 434-3049 Collier County Film Commission ANNUAL REPORT FY 2001 I ........... PRODUCTION Print .................................... 17 "' Men's Journal ~' Eddie Bauer ~' Bedford Fair Television Commercials ........................................................................................ 20 "Michelob Light "' ¥isJt Florida Television Series/Segments .................................................................................... 14 "' Mr. Rogers' Neighborhood '" Discovery Channel '" Travel Channel Video ................................................................................................. 17 '" Mobil ~' Subaru Documentary/Educational/PSA .................................................................. 2 "' BBC Scouts ................................................................................................. 5 ~' Adaptation (formerly The Ghost Orchid) ~" Flying Tigers Total Number of Projects ............................................................................................. · 97 Collier County Film Commission ANNUAL REPORT FY 2001 REVENUE & HOTEL ROOM NIGHTS Locals Employed ......................................................................................... · 259 Hotel Room Nights ............................................................................................ 316 Production Revenue Reported ............................................................................. $1,501,149.00 Annual Budget ....................................................................... $68,000.00 Return on investment ................................................................ $1: $ 29.40 Economic Impact ................................................................. $ 2, 251,723.00* *Governor's Office of Film and Entertainment Economic Impact Multiplier Average 71 Room Nights Per Month 4O0 350 300 250 200 100 o 2 Collier County Film Commission ANNUAL REPORT FY 2001 J ............. REPORTED REVENUE BY MONTH ............ ! $400,0001 $300,000 $250,000 $200,000- $150,000- $100,000- $0, o N D J F M A M J J A Collier County Film Commission ANNUAL REPORT FY 2001 J ........... REVEN U E .COM__~P_ARI~SON .......... [ O N D J F M A M J J A JMonthly Average: $136,468.00I OCT - 9 ~o01 ! Pg :....~--~. ~J Collier County Film Commission ANNUAL REPORT FY 2001 PRODUCTIONS BY TYPE SCOUT PRINT TV COMM 97 TOTAL PROJECTS WRAPPED C TZTio -i Collier County Film Commission ANNUAL REPORT FY 2001 J .............. ACTI?I?ES .............. Trade Shows/Conferences/Development National Association of Television Production Executives Locations 2001 Sundance Film Festival governor's Industry Breakfast Film Florida Legislative Reception Film Florida Board Meetings Film Florida Film Commissioner's Council, Chair SW FL Regional Film Commissioners Meetings Naples Film Society Tourism Alliance of Collier County Marketing Committee governor's Office of Film & Entertainment's Film Commissioner Retreat Sales Mission New York City Production Directory published and on-line Memberships Association of Film Commissioners International Film U.S. Film Florida (Board Member) Florida Motion Picture and Television Association, Southwest Chapter (Board Member) Marco Island Film Festival (Advisory Board Member) Operations Revenue Tracking System Client Management Database Client Exit Survey Tax Exemption Certification Website Location Library Permitting Monthly Production/Activity Report Newsletter "Give Us Your Best Shot" Photo Contest (Naples Daily News) Beautiful Faces/Beautiful Places CD (Max Factor) Location photos on State website Reel Deal Florida- State guidebook 6 Agenda Item CI - § 2001 Collier County Film Commission ANNUAL REPORT FY 2001 Press Naples Daily News Ft. Myers News-Press Florida Blue Sheet Location Update Film Florida Hot Sheet Locations Magazine Naples Illustrated UPCOMING OBJECTIVES Trade Missions New York v Ad Agency creative '" Production executives Chicago '" AICP (Association of Independent Commercial Producers) Reception Los Angeles '~ American Film Market Miami '~ CLIO Awards Hollywood Reporter Florida Issue advertising (February 2002) Expand photo library (Digitize) "' Cineposium attendance In-theatre promotional trailers Location Guide updated OCT - g 2001 0 om om om m 0 om om '0 c~ 0 0 "0 m OCT'-~ 2~01 I Agenda Itl No OCT -9 2Qj · · · · · · · ...... · ............................. . .~.~.m m m i ~ om Om ! OCT -9 20~01 I 0 0 0 0 0 0 0 0 0 0 0 E 0 O_ 0 0 0 0 0 aa Item 0 0 0 0 0 ^gend~-~;~ I No. /~ z~. I .. ~ OCT - 9~001 I 0 0 0 o 0 0 0 0 0 0 0 Z Agenda Item P9 0 0 0 0 0 0 0 0 No. /~b_(_ J 0 ¢ ,~ - 9 2(]1)1 J 0 U 0 m 0 0 Omm Om Om m 0 v 0 0 0 Agenda Item No.__/~ ~> 0 U 0 Agenda Item No. /"-,~ j OCT - 9 2001 0 ~ o~ 0 0 1. No state sales tax on quaified motion picture & television production equipment purchases and rentals, or on goods manufactured or produced in Florida for export outside the state. 2. No corporate income tax on limited partnerships, or on subchapter S-corporations. 3. Florida has a production worJ(force of over 39,000 skilled professionals. 4. No state property tax. 5. No property tax on business inventories, or on goods-in-transit for up to 180 days. 6. Florida is a world class production and distribution center, with an infrastructure that serves Latin America and the Caribbean. 7. The weather and Florida lifestyle is fantastic, we average over 300 warm, sunny days per year. 8. No state personal income tax. 9. NO sales tax on the labor component of ~esearch & development expenditures, or on the purchases of equipment and machinery used by a new or expanding Florida business to manufacture, produce or process tangible personal property for sale. 10. A tax refund of u:p to $3000 per new permanent full time job created by a new or expanding business in a qualified target industry: motion picture & video production, distribution and services allied are qualified targeted ,~:~ industries in Florida. !J FLORIDA. A PRODUCTION PARADISE FROM ANY ANGLE Toll Free: 877-352-3456 Los Angeles: 818-508-7772 NO. OCT FUOm~OA . ~ FLO~OA CoLlier County Film Commission A~ddress 755 8th ^venue South Nap[es, FL 34:02 USA P_h_o_ n_ ~ / F a_x 94t-659-3456 FAX: 941-213-3053 Co![ierFilm@aot.com Notes Jacksonvitle Film Commission · 220 East Day Street, 14th F!oor · Jacksonville, FL 32202 USA · _P~h o n e/Fa x 904-630-2522 90,;-630-1622 · FAX: 904-630-2919 E-mait · TROODIN~COJ:NET ! n_t_e r_n_e_t · v,'WWmCOj.n e t/film ~_La f f · Cynthia Bynum, PR/FiIm & · Video Speciatist Notes L' A g e'n d,~--i-~ern OCT - 9 2001 From TI:o Gulf to The .,.-,,er!],,~des, twenly-firsl cenlury e×plOl'ers are finding ll'm undiscovered side of the SLinShii~e slate - Collier Counht. '¢,/e call Iht area classic Florida, sines il charm while slill oliering the altribuies of a sopl]islicmled destinmion. The atmosphere here is relaxed, fun and historic. Ils unparalleled wi'file Sa. lid b(]ach(;s ('Fern l,l:~ples to Nlnrco island, lh¢ rich h,qrve:;ts, fields, lakes and ranches o1' Immokalee, lhe rustic character or Everglades City, and the s~nart elegance et downtown Naples, nil pain[ a colourful backdrop for print and film produ¢lion. Collier County is just 90 minutes from Miami and includes Naples, Marco Island, Everglades City, The Everglades, :]nd the Ton Tl~ousand Islam~ds. !t is :t fusion of v/iidlil'e lho good life. E:,:plorers c~]n encounter shoreline, n:.ttive and e×o!ic !)irdt; animals, vast nalule preserves, groves nnd !usl~ lropicnl vegetation while e×periencing lhe dSslinction !hat comes wilh world class hotels, shopping and dining. http://www.moviemakersguide.corn/data/c/collier.htm Agenda Item No._z -I- '0CT - 9 2(101 o0ooooooo OCT - ~ 200i o EEEEEEEEEEEEEEEEE 00000000000000000 ZZZZZZZZZZZZZZZZZ ,:o. /~J>- I - OCT'~ 9 2001 ~o 0 80 0 ~- EEEo EEE! 888 ~ 0 0 -- 0 Lg'- Agenda~Item · I OCT - ~ 2001 J 0 0 '-~ '~ ~' .,,I~ m 0 ZZO 0 0 ZZZZZZZ Agenda Item ~o._/~__~__ [ OCT - P~ ...'~~_ E I I No..,'~_ J_ OCT -9 o 00000 E ~-. 0 ~) ~ o "~ E 0 E 0 ~ 0 0 OCT - E E E o - Agenda ~t~-m- t OCT-'-9 ~ODi ! EXECUTIVE SUMMARY AWARD BID #01-3250, PORTABLE TOILET RENTALS TO J.W. CRAFT, INC. AND WASTE MANAGEMENT OF COLLIER COUNTY, INC., ON A PRIMARY/SECONDARY BASIS. OBJECTIVE: To have the Board award Bid #01-3250, a contract to supply portable toilet rentals for use at all Collier County park facilities for fiscal year 2001-2002. CONSIDERATION: The Collier county Parks and Recreation Department utilizes this service various times annually for County sponsored leagues, special events, etc. which are held at all County park facilities. Bid #01-3250 was posted on June 6, 2001 with invitations to bid sent to fourteen (14) vendors. Only two (2) responses were received. Staff has reviewed the bids received and recommends award to J.W. Craft, Inc. and Waste Management of Collier County, Inc. on a line-by-line basis on a primary/secondary basis (see Attachment A). FISCAL IMPACT: Funds are budgeted in Parks and Recreation Park Maintenance, Rental Equipment, MSTD General Fund. (111) FY 02 budget;. "-'GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners award Bid #01-3250, Portable Toilet Rental to J.W. Craft, Inc. and Waste Management of Collier County, Inc. on a line-by-line basis on a primary/secondary basis. / Jmes FitzE'k, Pa~s & Recreation Operations Manag¢~i: /' REVIEWED BY: '//~/~. r..~ ~./~,~,~---4z.'~.~ Date: ~/~,/ fMa~la Ramsey, Par~Recreation Director REVIEWED BY: ~~ ~-. ~v 5',/ Date: ~ ('ZV/Ct ~arnell, Purchasing/General Se~ices Director ~eo Ochs, Jr., Pub~Se~lces Administrator / ATTACHMENT A Description Daily cost of rental unit cleaned one time per week-Naples & Marco Daily cost of rental unit cleaned one time per week-Carnestown, Immokalee & Everglades Daily cost of rental unit cleaned two times per week- Naples and Marco Daily cost of rental unit cleaned two times per week-Carnestown, Immokalee & Everglades Daily cost of handicap rental unit cleaned two times per week- Naples & Marco Daily cost of handicap rental unit cleaned two times per week-Carnestown, Immokalee & Everglades Daily cost of rental unit cleaned three times per week- Naples & Marco Daily cost of rental unit cleaned three times per week - Carnestown, Immokalee & Everglades Daily cost of rental unit cleaned daily - Naples ..& Marco ally cost of Carnestown, Daily cost of & Marco rental unit cleaned daily- Immokalee & Everglades rental per Special Event - Naples Daily cost of handicap rental per Special Event - Naples & Marco Daily cost of rental per Special Event- Carnestown, lmmokalee & Everglades Daily cost of handicap rental per Special Event - Carnestown, Immokalee & Everglades Monthly cost of holding tank maintenance at the Immokalee Landfill Primary J.W. Craft $1.50 J.W. Craft $1.55 J.W. Craft $2.50 Waste Mgmt. $2.50 J.W. Craft $2.50 Waste Mgmt. $2.50 J.W. Craft $3.00 Waste Mgmt. $3.00 J.W. Craft $3.00 Waste Mgmt. $3.00 J.W. Craft $3.50 J.W. Craft $3.50 J.W. Craft $6.00 J.W. Craft $6.00 Waste Mgmt. of CC $20.00 Waste Mgmt. of CC $3O.OO Waste Mgmt. of CC $20.00 Waste Mgmt. of CC $3O.OO J.W. Craft $100.00 Secondary Waste Mgmt. of CC $1.80 Waste Mgmt. of CC $1.80 Waste Mgmt. of CC $3.75 Waste Mgmt. of CC $3.75 Waste Mgmt of CC $6.2O Waste Mgmt of CC $6.20 J.W. Craft $35.00 J.W. Craft $40.00 J.W. Craft $35.00 J.W. Craft $40.00 Waste Mgmt. of CC $170.00 Lp,' -'-Agend, Ite'~ No, /"- ¢) ~ 0Ci - 9 2001 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID #01-3252 FOR THE PURCHASE OF TURF USED BY COLLIER COUNTY Objective: manner. To obtain turf for use in various County departments, in a cost efficient and responsive Consideration: Various County departments have a continuing need throughout the year for the purchase and/or purchase and delivery of sod in assorted types and amounts. Many times the need for sod is immediate and in quantities small enough to be picked up by employees on any given day. Invitations. were sent out on June 11, 2001 and opened by the County Purchasing Department on June 27, 2001. Tabulation sheets are attached to this summary. Three bids were received for turf. Staffhas reviewed the bids received and recommends awarding to Leo's Sod, Home Depot, and Golden Gate Nursery and Sod. Orders will be placed based on the lowest bid per order. Fiscal Impact: Funds are budgeted in FY02 for respective Departments. Growth Management: There is no impact to the Groxvth Management Plan related to this action. Recommendation: That the Board of County Commissioners axvard bid to the lowest bidder for each bid item for Bid #01-3252. Prepared by: ~,;/I,'/J-L ?/~. Date: Debbie Roberts, Parks and Recreation Operation Coordinator Reviewed and /~ / ,) ~ Approved by: '~////? ~ & /~5. [;., ~.z_~z'~ Date: Ma)iat-l~a~rfisey, Parks a~d Recre~ion Director Reviewed and -¢ Approved by: vx , Date: Stephen "g. Camell,',Purchasing/General Services Director Reviewed an Approved bny~_ ~ ~~~ Leo Ochs Jr, Pub~ Servmes Administrator Date: OCT - 9 2.001 I / Agenda Item No OCT -9~01 Pg -_.~ EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO MAINTENANCE SERVICE REVENUES FOR OPERATING EXPENSES IN FISCAL YEAR 2001. APPROPRIATE THE REIMBURSEMENT OF OBJECTIVE: To have the Board approve the attached budget amendment appropriating those revenues received for reimbursement of operating expenses incurred for building maintenance and janitor/al 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 received from various "consumer" departments as payment for materials used and services performed. When actual request for services exceed those anticipated at the time 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. FISCAL IMPACT: Revenues of $19,091. are being appropriated from reimbursement for Building Maintenance to Building Maintenance Operational Expenses. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: necessary budget amendments as addressed within this summary. Daniel R. RodrigueZ,-Fac. ili~/s'~anager Department of Facilities Management REVIEWED BY: APPROVED BY: That the Board of County Commissioners approve the Date: Skip Camp, CFM, Director Facilities Management Department Jo-Anne Varcoe-Leamer, CPA, Administrator Support Services Division Date: /C/i / AGENDA ITEM OCT - 9 2001 Pg. ~ EXECUTIVE SUMMARY CONVEY A CONSERVATION EASEMENT TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT REQUIRED FOR THE CONSTRUCTION OF THE COLLIER COUNTY ANIMAL SHELTER. OBJECTIVE: Convey a Conservation Easement to South Florida Water Management District ("District") to comply with permit requirements in conjunction with construction of the Collier County Animal Shelter. CONSIDERATION: On August 5, 1997, Item Number 16(c)(2), the Board of County Commissioners ("County") approved the acceptance of donated lands for the future construction of the Collier County Animal Shelter located on Davis Boulevard. The construction of the Animal Shelter was subject to the regulatory jurisdiction of the District, and District Permit No. 11-01709-P requires the County to set aside, preserve, enhance, and restore certain wetlands/uplands that fall within the District's jurisdiction. In this regard, it will be necessary for the County to convey to the District the attached Conservation Easement encompassing 3.9+ acres of the Animal Shelter site. The County will be responsible for the perpetual upkeep and maintenance of the conservation area. The attached Resolution states the Board of County Commissioners has determined it is in the best interest of the public to convey the Conservation Easement to the District. The Facilities Management Department and County Attorney's Office have reviewed and approved the Conservation Easement. FISCAL IMPACT: A budget amendment for $100 is required to reduce reserves and increase the Domestic Animal Services (Project # 80096) in the Facilities Management County-Wide CIP (Fund 301). Staff estimates that the total cost of recording the Conservation Easement will not exceed $25.00. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize the Chairman to execute the Conservation Easement; 2. Convey the attached Conservation Easement to the District; Adopt the attached Resolution required pursuant to Section 125.37, Florida Statutes, and authorize its Chairman to execute the Resolution; and Authorize staff to required to clear title, in the Public Records of Collier County, Florida. Approve the necessary budget amendment. record the Conservation Easement and other documents AGENDA ITEM OCT -.9 2001 EXECUTIVE SUMMARY Animal Shelter Conservation Easement Page 2 Te--hi ,~. Mott, Si:/pervisor ,./1~eal Propezt,v Management Decartment ' (~r'les E."0arrington[/,Jr., SI~NVA, Director Real~;pperty Management Department 'Bob Pierce, Project Manager Facilities Management Department e' Varcoe-Leamer, Administrator Support Services Division REVIEWED BY: APPROVED BY: Date: 7..-¢ / Date: ~,/~- ,.~/'~ / Date: Project: CC Animal Shelter Folio: 00406680008 Permit: 11-01709op Pt'el~al~ed b.v,' Standard Form -June 2000 Ellen T. Chadwe11, £s~u~m Off,ce of the Country Atto~ne5 330~ East Tamtam~ Trail Haples, F~or~da 84112 (941} 774-.8400 CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is given this day of , 2001, by (name) Collier County Board of County Commissioners (address) 3301 Tamiami Trail East, Naples, FL 34112 ("Grantor") to the South Florida Water Management District ("Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owner of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITN ESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor desires to construct (name of project) Collier County Animal Shelter ("Project") at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and WHEREAS, District Permit No. 11-01709-P ("Permit") authorizes certain activities which affect waters in or of the State of Florida; and WHEREAS, this permit requires that the Grantor preserve, enhance, restore, and/or mitigate wetlands and/or uplands under the District's jurisdiction; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes, over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this conservation easement shall be as follows. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein W:\1998M 998014~JCN~Conservation Easement - Standard 010720.doc 8o granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities; or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. No right of access by the general public to any portion of the Property is conveyed. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the nonprevailing party in such proceedings. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall W:\199~1998014~JCN~ConservatJon Easement - Standard 010720.doc not be deemed or construed to be a waiver of Grantee's rights hereunder. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11. 12. Grantor shall insert the terms and restrictions of this conservation easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. 13. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be filed in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defend the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES D. CARTER, PH.D., CHAIRMAN Al~ttt&nt Coqmt,,~ Atto~ £]~en T, C~ W:\1998\1998014~JCN'~Con servation Easement - Standard 010720.doc r,r:7 0 9 t001i i Pg. ~' 0 &< AGE h)OA [ net 0 9 2001 pg. ~ I 2 3 ? 8 9 I0 11 12 13 14 15 16 17 18 19 20 2! 22 23 24 26 27 28 29 3O 31 32 33 RESOLUTION NO. 2001. CONVEY A CONSERVATION EASEMENT TO SOUTH FLORIDA WATER MANAGEMENT DISTRICT REQUIRED FOR THE CONSTRUCTION OF THE COLLIER COUNTY ANIMAL SHELTER. WHEREAS, the Board of County Commissioners of Collier County Florida, hereinafter referred to as the "Board", desires to construct the Collier County Animal Shelter at a site in Collier County, which is subject to the regulatory j uxisdiction of South Florida Water Management District "District"; and WHEREAS, District Permit No. 11-01709-P ("Permit") authorizes certain activities which affect waters in or of the State of Florida; and, WHEREAS, the Permit requires the Board to preserve, enhance, restore, and/or mitigate wetlands and/or uplands under the District's jurisdiction; and, WHEREAS, the Board is the fee owner of certain lands situated in Collier County, Florida and more specifically described in Exhibit "A", attached hereto and incorporated herein by reference (hereinafter referred to as "Property"); and, WHEREAS, the Board has developed and proposed as part of the Permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and/or upland systems on the Property; and, WHEREAS, the District is in agreement to accept the Conservation Easement over and above the Property; and, WHEREAS, the Board, in consideration of the above agreement, is willing to grant to the District a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1995), over and across the Property; and, WHEREAS, the Board, as fee owner, shall assume the operation, upkeep or maintenance of the 35~ Property in accordance with the provisions outlined in the Permit; and, W~IEREAS, pursuant to the Permit, the Conservation Easement for and in favor of the District shall mn with the land; and, WHEREAS, pursuant to Section 125.35, Florida Statutes, the Board has determined it is in the best interest of the public to convey the Conservation Easement to the District. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSION~ERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners agrees to convey the attached Conservation Easement between Collier County and District. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Conservation Easement. 38 39 40 41 42 43 45 46 47 48 49 50 51 52 This Resolution adopted this __ day of 53 majority vote. 54 55 ATTEST: 56 DWIGHT E. BROCK, Clerk 57 58 59 BY: 60 , Deputy Clerk 61 62 63 Approved as to form 64 anO'~egal sufficiency: Ellen T. Chadwell 68 Assistant County Attorney 2001 after motion, second and BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORII)A BY: JAMES D. CARTER, Ph.D., Chairman OCl 09 2001 pg. 7 - ,! Project: CC Animal Shelter Folio: 00406680008 Permit: 11-01709-P Standard Form - June 2000 P~par~l b.v: Ellen T. Chadwe11, Off tee of the Countx A~ne~ East Tamlaet Trail Naples, Florida 34~[Z CONSERVATION EASEMENT THIS CONSERVATION EASEMENT is given this day of , 2001, by (name) Collier County Board of County Commissioners (address) 3301 Tamiami Trail East. Naples1 FL 34112 ("Grantor") to the South Florida Water Management District ("Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owner of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ("Property"); and WHEREAS, the Grantor desires to construct (name of project) Collier County Animal Shelter ("Project") at a site in Collier County, which is subject to the regulatory jurisdiction of South Florida Water Management District ("District"); and WHEREAS, District Permit No. 11-01709-P ("Permit") authorizes certain activities which affect waters in or of the State of Florida; and WHEREAS, this permit requires that the Grantor preserve, enhance, restore, and/or mitigate wetlands and/or uplands under the District's jurisdiction; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes, over the Property. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this conservation easement shall be as follows. 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein W:\lgg8'd 998014',JCN~Conservatlon Easement - Standard 010720.doc granted in a manner that will not unreasonably inteflere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and bo To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities; or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic or nuisance vegetation in accordance with a District approved maintenance plan; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the land or water area to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and which are not inconsistent with any District rule, criteria, permit and the intent and purposes of this Conservation Easement. 4. No right of access by the general public to any portion of the Property is conveyed. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 6. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the property. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the nonprevailing party in such proceedings. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall W;\1998\1998014~JCN~Conservatlon Easement - Standard 010720~doc cr:.T 0 9 2001 10. 11. 12. 13. not be deemed or construed to be a waiver of Grantee's rights hereunder. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. If any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. Grantor shall insert the terms and restrictions of this conservation easement in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the property. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor-in-interest. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest, which shall be flied in the public records in Collier County. TO HAVE AND TO HOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terms of this conservation easement and all mortgages have been joined or subordinated; that Grantor has good right and lawful authority to convey this conservation easement; and that it hereby fully warrants and defend the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF the said Grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice Chairman of said Board, the day and year aforesaid. A'I-T'EST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: JAMES D. CARTER, PH.D., CHAIRMAN ~p~)~o~td ps to~f,~w~l..~g~l suffJc~e~c~ Alttst~t Count.f Attorney Ellen T, Chae,~ll W:\1998\1998014~JCN~Conservation Easement - Standard 010720.doc OCT 0 9 2001 pg. /o -i OCT O 9 20Q1 Pg. EXECUTIVE SUMMARY AUTHORIZE STAFF TO REJECT BIDS RECEIVED FOR 01-3268, CHARTER BUS SERVICE AND RE-BID. OBJECTIVE: To have the Board reject and re-solicit bids received for Bid #01-3268, Charter Bus Service for new employee orientation tours. CONSIDERATIONS: The Human Resources Department solicited bids for Charter Bus Service for new employee orientation tours. Two (2) bids were received by the due date of August 1,2001. After bids were received it was found that important requirements were missing from the specifications, which include: Valid Commercial License (CDL) with passenger endorsement ADA requirements (wheelchair accessibility) Air Condition It is staff recommendation that the bids received for Bid #01-3268, Charter Bus Service be rejected and authorize that staff re-bid with changes to the specifications. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: To reject bids received for Bid #01-3268, Charter Bus Service and authorize staff to re-bid. Gary Be u~t~l~, Pha.,Eml~y~ Rel~Tons Supervisor H/~n Re~-ou rcls Departmenf'" / Georgel~. Bradley, Director /' REVIEWED BY: REVIEWED BY: Human Resources Department Stephen ¥. CarnY'Ill Director- Purchasing/General Services Department Jo-Anne Varcoe-Leamer, Administrator Support Services Administration DATE: O~ I'Z- ~ (O / DATE: No. /d¢--~ 0CT 0 9 2001 pg. · \ EXECUTIVE SUMMARY APPROVE AN ADDITIONAL THIRTY (30) DAY EXTENSION OF CONTRACT #97-2671, OFFICE SUPPLIES. OBJECTIVE: To ensure continuation in service for the order and delivery of office supplies while the contract is let for competition. CONSIDERATION: The County is presently under contract with Marco Office Supply to furnish and deliver office supplies to various County offices daily. The current agreement is due to expire on November 4th. The original expiration date for this contract was July 4, 2001. At this time a four (4) month extension was requested in order to re-bid this contract. The bid invitation has been issued and bids are scheduled to be received on October 17, 2001. Staff is requesting an additional thirty (30) day extension per Purchasing Policy, Section XIV.D for the following reasons: 1. Staff does not anticipate having a recommendation ready for Board consideration prior to the current expiration date; and 2. Lead time may be required to train and familiarize each department with use of the new contract, a month of new training for employees, new catalog distribution, etc. FISCAL IMPACT: There is no fiscal impact resulting from the recommended action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners authorize an additional thirty (30) contract extension for 97-2671, Office Supplies pursuant to Section XIV. D of the Board's Purchasing Policy. SUBMITTED BY: \ 'It% \-f" //.'-¥, '.,~ /~_'k .~,yk..~<..--E-~..F''~'-~ ~' Date: Rhonda L. Tibbe~s, Purch~ing Agent I REVIEWED BY: ~ ~ Date: Stepheh Y. C~rnell, Purchasing/General Se~es Director Jo-Anne Leamer, Suppod Se~ices Administrator EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE THE NEOPOST MAIL EQUIPMENT AS SURPLUS AND AUTHORIZE THE SALE OF EQUIPMENT TO MAIL BARCODING SERVICES OF SWFL INC. OBJECTIVE: To declare the Neopost Mail Equipment as surplus and authorize the sale of the equipment. CONSIDERATION: Pursuant to Chapter 274.05, F.S., invitations were sent out on January 22, 2001 for Surplus Bid No. S01-3200 - Surplus Sale of Neopost Mail Equipment. The equipment was offered to governmental agencies and bid offers were due on Monday, February 5, 2001. No bid offers were received. The equipment was also offered to the public and bid offers were due on Monday, February 12, 2001. Again, no bids were received. Pursuant to Chapter 274.06, F.S. - Alternative procedure, a notice of sale of the Neopost mail equipment was placed in the Naples Daily News on September 7, 2001. An offer was received for the Neopost Mail Equipment from Mailing Barcoding of SWFL Inc. in the amount of $9,000. The offer is contingent upon the equipment being axvarded and available for pickup no later than October 12, 2001. FISCAL IMPACT: It is requested that the proceeds from the sale of the Neopost Mail Equipment be appropriated in the Purchasing Department operating budget. The proceeds will be used to automate the sorting function of incoming and outgoing mail. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners declare the Neopost Mail Equipment as surplus and authorize the sale of the equipment to Mail Barcoding Services of SWFL Inc in the amount of $9,000 and approve a budget amendment to appropriate the revenue as recommended. Gwen Butler, Purchasing Supervisor Purchasing Department Steve Came-Il Purch~~nera/~rvices Director REVEIWED BY: . Jo-Anne Varcoe-Leamer, Administrator Administrative Services Date: Date: ~'(~ ?("~ (' Date: ~ O C~ ~l ~ 2001 Sep 27 01 ll:lBa Pa~ricia Hass S412?~B?O1 p.1 1~78 l*owle~ Street Fm't Myma I*L 33901 T-941.274.8'700 F-94!.274,870I TI~8~. 834. 7755 wv~v. mmTa~ September 27, 2001 Owen Butler, Ptuchasing Collier County Government 3301 Tamfanfi Ti~ lg Haple~ FL 34112 I amrespondi~m yoar adve~m~nt ~S~t 10,.2001 ~ ~e ~m ~ent you ~ for . .~.....'~.::.~:~' .?:~:'. Caxxtwin (Butch) l:~s, Jr.,~c~ President Mail Barcoding Services of SWFL/nc. I A GENOA ITEM / ~o. OCT 0 9 2001 EXECUTIVE SUMMARY TO AWARD BID #01-3259, "IRRIGATION PARTS AND ~.~]'ED ITEMS". Objective: To obtain irrigation parts for use in various Coum~, ' ",artments, in a cost efficient and responsive manner. Considerations: Bid ~01-3259 was posted on August 16, 2:.,~ ,,,ith invitation to bid sent to 28 vendors. Of the 6 vendors that requested bid pack'.~ :~s, 5 proposals were received and opened on August 29, 2001. There were 95 ,Jual items in the bid package. The results are as follows: Boynton Pump and Irrigation was the Iow bidder on 51 items and :ed for Iow on 1 item. Ferguson Underground was the Iow bidder on 9 items and tied for Iow on 1 item. Melrose Supply was the Iow bidder on 10 items. Century Rain Aid was the Iow bidder on 18 items. Coast Pump submitted an incomplete bid and thus was non-responsive. The lowest bidder for each item can be found on the attached tabulation for Bid #01- 3259. There were 6 items that received no bids. Staff has reviewed the proposals and feels it is in the best interest of the County to award this bid to all four >;mpanies on a line by line basis, to the lowest bidder for each item respectively. In the event that circumstances warrant, staff requests that the Board authorize the use of the second lowest bidder for each item. Additionally, staff requests that the award for the Schedule 40 1~" pipe, for which there was a tie among the two lowest bidders, be awarded to both vendors. The contracts would be in place for one year. Growth Management Impact: This will not affect the Growth Management Plan. Fiscal Impact: Funds are appropriated in the operating budgets of the using departments for the purchase of irrigation parts in FY 2001/2002. Recommendation: That the Board of County Commissioners award Bid #01-3259 to Boynton Pump and Irrigation, Ferguson Underground, Melrose Supply, and Century Rain Aid in the manner specified herein. Prepared by: ~,~? c ~./,.,&~ Date Fr(~d E. Blat~hley, Purchasing Agent Approved by: '1 ~;~. Stephen ¥. Carne[ Purchasing/ General Services Director Date Reviewed and Approved by: Jo-Anne Varcoe-Leamer, Support Services Administrator Date 0 CT 0 9 2001 0'~ 0'~ 0'~: 0'~ ~ ~ .. I · · I I -- Ol 0 ~ o o ~ ~ ~~ o o AGEN~ ITEM OCT 0 9 2001 PC. 2001 o c:> o. ¢:> o o. z ~ ~ 0 z ~ z~ Z ~ z 0 ~'~ ~ -- ~-. ~-- ~ -. ~ -. ~-' ~ OCT 0 9 200 i A (~NDA IT£N OCT 0 g 2001 ~,~. /~ .... EXECUTIVE SUMMARY AWARD BID NO, 01-3260, HEBIClDESlPESTIClDESlFUNGIClDES TO A VARIETY OF BIDDERS. OBJECTIVE: To award Bid No. 01-3260, Herbicides, Pesticides, Fungicides, the chemicals and chemical spray additives necessary for a variety of County employees to perform their jobs in an effective manner. CONSIDERATION: Various types of chemicals and chemical spray additives are needed for Stormwater Management Department, Parks and Recreation Department and Pelican Bay Services Division. The Purchasing Department solicited bids for herbicides, pesticides, fungicides on July 19, 2001. On August 8, 2001, bids were received from nine (9) vendors (tabulation sheets are attached). Staff is recommending award on a line-by-line basis to the lowest responsive bidder(s) for each item on a primary/secondary basis. Attachment A is a list of recommended awardees. The prices offered shall remain in effect for a period of one (1) year beginning October 1, 2001 and ending September 30, 2002. FISCAL IMPACT: Funds are appropriated in the individual operating budgets of the using agencies. """~ROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting from this action. RECOMMENDATION: That the Board of County Commissioners award Bid No. 01-3260 for Herbicides, Pesticides, Fungicides as per Attachment A. SUBMITTED BY: REVIEWED BY: APPROVED BY: Fre~d Blatchl~y, Purcha~ng Agent Steph~n Y. Cafnell, Purchasing/General Services Director Jo-Anne Learner, Support Services Administrator Date: ~-? ./~ ?/~ , Date: Date: AGE NO~ I.,T. EI, q' ,~./6, ~.~. OCT 0 9 200 Pg., NO. ~ OCT O 9 Pg. _~ -- ,. AG£NOA OCT 0 9 200, AGE NDA N,O. OCT O 9 ZOO ~_.> I' OC'T 0 9 2001 I A'n'ACHMENT A PRIMARY UNIT PRICE SECONDARY UNIT PRICE HERBICIDES 2,4-D Helena $9.39 gal. i Agro Distribution $9.63 gal. Per 2.5 Gallon Container 2,4-D Esther Southern States $1.72 pound Helena $1.78 pound Per 50 Pound Bag 2,4-D LV6 DeAngelo Bros. $16.50/2.5 gal. Agro Distribution $16.95/2.5 gal. Per 2.5 Gallon Container Adjuvant Carso $6.09 gal. Lesco $10.60 gal. Per 1.0 Gallon Container Ansar 6.6 Per 2-1/2 Gallon DeAngelo Bros. $16.30/2.5 gal. Helena $40.24/2.5 gal. Container Anti-Foam Agent DeAngelo Bros. $2.25 pint Lesco $2.70 pint Per Pint Container (organosilicone Sudactant Defoamer) Anti-Foam Agent Lesco $2.70 pint Agro Distribution $3.75 pint Per Pint Container (Silicone Based) $27.00 gal. Aquatic Plant Growth Helena $26.32 gal. Agro Distribution Control Water Shading or Coloring Agent Per 1.0 Gallon Container Aquathol K Per 5 Gallon Pail Helena $44.45ga1. Agro Distribution $44.84 gat. ---C~er 30 Gallon Drum Helena $44.35 gal. Agro Distribution $44.74 gal. ,quathol Super K Helena $11.93 pound Agro Distribution $12.05 pound Arsenal UAP/'rimberland $233.89/2.5 gal. Helena $240.00/2.5 gal. Per 2.5 Gallon Container Asulox Helena $140.95/2.5 gal. United $144.90/2.5 gal. 2-1/2 Gallon Container Horticultural Atrazine 4L DeAngelo Bros. $10.70/2.5 gal. Carso $22.20/2.5 gal. Per 2-1/2 Gallon Container i Basagran T/O Camo $52.00 gal. United $59.00/gal. 1 Gallon Container Horticultural Buffer Agro Distribution $18.85/2.5 gal. Helena $23.00/2.5 gal. Per 2.5 Gallon Container Copper Helena $10.60 gal. Agro Distribution $12.53 gal. Per Gallon Copper Per 2.5 Gallon Container UAP/Timberland $10.75 gal. Helena $11.00 gal. Per 5 Gallon Container UAP/Timberland $10.75 gal. Helena $11.00 gal. Copper Sulfate UAP/Timberland iI $24.50/50# bag Helena $24.98/50# bag Per 50 Pound Bag Drift Helena $12.36 gal. Agro Distribution $12.42 gal. Per 1 Gallon Container Drift Control Agent Helena $12.36 gal. DeAngelo Bros. $14.95 gal. Per 1 Gallon Container Foaming Agent United Horticultural $10.00 gal. Agro Distribution $10.91 gal. :Per 2.5 Gallon Container ~' '~arion 3A Agro Distribution $60.00 gal. Helena $61.84 gal. Per 2.5 Gallon Container AG£N~A ~TEI~I -- n c.m 092001 PAGE TWO ATTACHMENT A Garlon 4 Agro Distribution $78.29 gal. ~',ted $80.09 gal. Per 2.5 Gallon Container ,-, ~ultural Hydrotha1191 Helena $240.50/case Agr~ ©,~tribution $246.00/case Per Case (2x2.5 gallon) Kammo Ag rD Distribution $47.90/case U,~ :~ ~:m berland $58.75/case Per Case (2x2.5 gallon) Karmex DeAngelo Bros. $3.55 pound UAP,Timberland $3.75 pound Per 4 pound Bag Lesco Three Way Agro Distribution $44.68/2.5 gal - U c ;ed Hort. $45.00/2.5 gal. Per 2-1/2 Gallon Container Manage Helena $713.00 case ~Jnited $720.00 case 10 (1.3 oz.) Case Ho~icultural Manage Helena $71.30 bottle Agro Distribution $72.50 bottle 3 oz. Bottle Maverick United Horticultural $945.60 case Agro Distribution $960.00 case Per Case (12xl quart container) MSMA (Ansar 6.6) DeAngelo Bros. $16.30/2.5 gal. U,~,ited $39.65/2.5 gal. Per 2-1/2 Gallon Container Horticultural Non-Ionic Wetting Agent- United Horticultural $16.85 case Helena $31.25 case Lesco Wet Per Case (2x2.5 Agro Distribution $31.25 case gallon) Pathfinder II Helena $30.00 gal. UAPFFimberland $31.20 gal. Per 2.5 Gallon Container Pramitol 25E Helena $119.60/5 gal. Dean;elD Bros. $125.00/5 gal. Per 5 Gallon Container Reward Southern States $99.00/case "one *See footnote Per Case of 4-One Gallon Cont. Per 2.5 Gallon Container No Bid No Bid Rodeo Per 30 Gallon Drum Triax $42.00/gal Agro Dist. $42.00/gal. Per 2.5 Gallon Container Helena $47.20/gal. Agro Distribution $47.50/gal. Round-up (No Substitute) 2x2-1/2 Gallon Container Agro Distribution $34.52 gal. Helena $35.68 gal. Per 30 Gallon Container Helena $33.98 gal. Southern States $33.25 gal. Sencore DF United Horticultural $135.00/5# bag Helena $150.95/5# bag (4x5) 5 lb. Bag Sonar SRP Helena Per 40 Pound Drum Agro Distribution $17.00 pound UAP,q'imberland $17.30 pound Surfactant (For Use with Rodeo) Per 1 or 2.5 Gallon Agro Distribution $6.25 gal. DeAngelo Bros. $15.50 gal. Container Agro Distribution $15.63/2.5 gal. Dean§elD Bros. $38.75/2.5 gal. Sudlan A.S. - (No Substitute) 1 Gallon Container Helena $76.65 gal. none 2x2-1/2 Gallon Container United Hort. $185.00/2.5 gal. Helena $193.00/2.5 gal. AGEND& ITEM OCT 0 9 2001 ... /5" '-'°AG E THREE ATTACHMENT A Trimec 1 Gallon DeAngelo Bros. $18.35 gal. United Hort. $22.50 gal. 2.5 Gallon Lesco $45.50/2.5 gal. DeAngelo $45.87/2.5 gal. Trimec Plus 1 Gallon United Hort. $27.95 gal. Southern States $31.40 gal. 2.5 Gallon Helena $69.20/2.5 gal. United Hort. $69.90/2.5 gal. _ Velpar Helena $18.75 pound DeAngelo Bros. $19.85 pound UAP/Timberland $19.85 pound Per 5 Pound Bag Weedone DPC- (No No Bid Substitute) Per 2-1/2 Gallon Container Weedar 64 Helena $46.95/5 gal. Agro Distribution $48.15/5 gal. Per 5 Gallon Container INSECTICIDES Amdro-(No Substit[Jte) Per 1 pound can United Hort. $6.00 pound Agro Dist. $7.72 pound Per 25 pound bag , So,~thern States $143.98125# bag United Hort. $150.00125# bag Award 3 Pound Container Helena $22.49/3# container United Hort. $22.74/3# container 25 Pound Container Helena $157.00/25# cont. Agro Dist. $163.75/25# cont. -- Oiazinon 5% Lesco $18.50/40# bag Helena $21.85/40# bag .~er 40 Pound Bag Diazinon 500 Per I Gallon Container Lesco $26.50 gal. United Hort. $27.35 gal. Per 2-1/2 Gallon Container Helena $63.37/2.5 gal. Lesco $64.95/2.5 gal. Dursban 2E Per 1 Gallon Container Helena $31.00 gal. none Per 2-1/2 Gallon Container. Agrc Distribution $65.00/2.5 gal. Helena $69.99/2.5 gal. Extinguish Agro Distribution $137.50/25# bag Helena $139.66/25# bag 25 Pound Bags Malathion-(No Substitute) Agro Dist. $19.00 gal. Southern States $23.72 gal. Per 1 Gallon Container Orthene TTO Per 10 pound bag Sc',~thern States $90.00/10# bag United Hort. $92.00/10# bag Per 1 pound can Lesco $9.10 pound United Hort. $9.80 pound Per Case [4 Bags (5/2 Lesco $312.00 case Southern States $360.00 case Pound Pouches)] Oftanol 2 Helena $190.00/2.5 gal. none Per 2,5 gallon Oftanol 5 g ~;o Bid No Bid Per 40 pound _ _ Pagent DF !,io Bid No Bid Per 2 pound bag Per 5 pound bag 2001 . PAGE FOUR ATTACHMENT A Seven 80 wsP United Hort. $46.10 case Helena $49.99 case Per Case (8 X 1.25 Pounds) Slug-Fest United Hort. $18.84 case Helena $172.34/case Per Case (4xl gallon) Slug & Snail Bait Agro Dist. $24.50/25# bag none Per 25 Pound Bag Talistar PL - Granular United Hort. $16.25/25# bag Helena $18.00/25# bag Per 25 pound bag Southern States $18.00/25# bag Talistar GC - FIowable United Hort. $157.00 gal. Lesco $157.85 gal. Per 1 gallon Tempo 2 United Hort, $303.60 case Helena $303.96 case Price Per Case (12x240 Mil) Triad - Per 40 pound box Lesco $65.00/box none FUNGICIDES Aliette 1 Gallon Container No Bid No Bid 4 x 5 pound bags/case United Hort. $191.60 case Agro Distribution $324.00 case Chipco 26019 Per 2 pound package Agro Dist. $50.80/2# package Lesco $51.80/2# package Per Case (6 X 2 Pounds) Agro Dist. $304.80 case Lesco $310.00 case Cleary's 3336 WP United Hort. $201.00 case Helena $214.30 case Per Case (6 X 2 Pound Foil Pouch) Cleary's G United Hort. $37.50/30# bag Lesco $38.40/30# bag Per 30 Pound Bag Dithane WF Lesco $60.00 case Agro Distribution $63.90 case Per Case (4 X 1.25 Gallons) Daconil 2787 Helena $114.00/2.5 gal. Carso $120.00/2.5 gal. Per 2-1/2 Gallon Container Subdue Max WSP Agro Dist. $470.00 gal. Helena $494.00 gal. Per 1.0 Gallon Container Subdue GR Agro Distribution $68.75/30# bag United Hort. $87.00/30# bag Per 30 Pound Bag WF-fflNG AGENT - COLORANT Nu-Film-17 Lesco $53.60/5 gal, United Hort. $112.85/5 gal. Per 5 Gallon Container Colorant (Blue) United Hort. $17.80 gal. Lesco $21.50 gal Per 1 Gallon Container FOOTNOTE: Zeneca is a sole supplier of Reward. Zeneca agents have no authority to provide pricing or terms different than those set by Zeneca for this product. Zeneca will no longer allow agents to list a Reward price on a bid. Agents authorized to supply Reward are: Helena Chemical, ProSource One and United Horticultural Supply. 2001 EXECUTIVE SUMMARY APPROVE THE AWARD OF BID NO. 01-3273 TO TRUGREEN LANDCARE, INC. FOR GROUNDS MAINTENANCE FOR MAIN GOVERNMENT COMPLEX. OBJECTIVE: To award Bid No. 01-3273, to TruGreen Landcare for the grounds maintenance for the County's Main Government Complex. CONSIDERATION: The Department of Facilities Management oversees grounds maintenance for the County's government complex. On August 13, 2001, formal bid invitations were posted in the lobby of Building G-Purchasing and distributed to 57 firms that provide these services. On September 5, 2001, bids were received and opened from four (4) firms. Attached to the summary is a bid tabulation sheet. The landscaping contractor is responsible for furnishing all necessary labor, equipment, and material to perform landscaping maintenance, i.e., mowing, edging, weed-eating, trirmmng trees and hedges, and horticulture and trash removal. The contractor must also provide an on-site laborer to ensure the continual well-manicured look required by the contract. All references were checked and site visits made of competing firms. After review and evaluation of all bids, Facilities determined that the lowest, qualified, and responsive bidder is TruGreen Landcare. FISCAL IMPACT: The annual cost for the service for the main government complex is $75,000. Funds are available in Facilities grounds maintenance budget. GROWTH MANAGEMENT IMPACT. There is no impact on the Collier County Growth Management Plan. MRI~aCOMMENDATION: That the Board of Collier C. ounty Commissioners award Bid No. 01-3273, Grounds intenance at the Main Government Complex ta,~ruGreen Landcare and to authorize the staff to approve change orders not to er~he cost~/-.-~'-~- SUBMITTED BY: ~ te: aniel R Rodriguez, F)~i~ies l~l~anager REVIEWED BY: REVIEWED BY: APPROVED BY: Facilities Management ,~ ent ~~'~- Date:~ Facilities Management Department ,~~4/~ Date: p . C'flrnell, CPM, Director ~rchasing Dep~ment '~~ Date: Jo-Anne V~coe-~er, CPA, Ad~nistrator Ad~nistrative Semices Division 2001 AGENDA ITE~ Ne, .~ OCT 0~9 2001 Pg. ~ EXECUTIVE SUMMARY APPROVE THE AWARD OF BID NO. 01-3274 TO COMMERCIAL LAND MAINTENANCE, INC., FOR GROUNDS MAINTENANCE FOR SATELLITE FACILITIES OBJECTIVE: To award Bid No. g01-3274, to Commercial Land Maintenance, Inc. for grounds maintenance for satellite facilities. CONSIDERATION: The Department of Facilities Management supervises grounds maintenance services, through an outside vendor, to over 30 County-owned satellite facilities. On August 13, 2001, formal bid invitations were posted in the lobby of Building G-Purchasing and distributed to 57 firms that provide these services. On September 5, 2001, bids were received and opened from five (5) firms. The landscaping contractor is responsible for furnishing all necessary labor and material to perform landscaping maintenance, i.e., mowing, edging, weed-eating, trimming trees and hedges, and horticulture and trash removal. All references were checked and site visits made of the competing firms. Upon the review and evaluation of all bids, Facilities Management determined that the lowest, "qualified and responsive" bidder is Commercial Land Maintenance, Inc. Negotiations, including Facilities, Purchasing, and Commercial Land were entered into and a firm contract price was established. The annual cost for the service for satellite facilities is $183,400. Bids received for the satellite facilities show an increase of $60,900, which is necessary due to minor changes in the bid specifications and the addition of the CID Building at Horseshoe Dr. ($19,500). FISCAL IMPACT: Funds are available in Facilities Management's Landscaping cost center totaling $122,500. An additional $60,900 will need to be transferred from general fund reserves. Total annual cost for satellite grounds maintenance is $183,400. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners award Bid No. 01-3274, Grounds Maintenance for Satellite Facilities to Commercial Land Maintenance Inc., authorize Facilities Management staff to approve change orders not to exceed the department cost center and approve the necessary budget amendment as addressed within this executive summary. AGE ~H;)A llft~ No. /6~-'~ ~ OCT 0 9 2001 Ex Sum Landscaping Bid 01-3274 Page 2 of 2 SUBMITTED BY: REVIEWED B Y: REVIEWED BY: APPROVED BY: FD:ffiil~i eRs ~v~i?~gg;~nFt,~D e~ ~mMe an~ager Date: Ski~ -- o.- Camp, CFM, Director Facilities Management Department Stephen Carnell, CPM, Director Purchasing Department Date: ~~/~ Date: ~--'~/'/'/(.,~'"' Date: Jo-Anne Varcoe-Leamer, CPA, Administrator Administrative Services Division O£'T 0 9 2001 EXECUTIVE SUMMARY APPROVE AN EMERGENCY MEDICAL SERVICES (EMS) COUNTY GRANT APPLICATION AND COUNTY GRANT DISTRIBUTION FORM, ADOPT A RESOLUTION CERTIFYING THAT THE GRANT MONIES WILL NOT BE USED TO SUPPLANT THE EXISTING EMERGENCY MEDICAL SERVICES BUDGET, AND APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE REVENUE OBJECTIVE: Board of County Commissioners' approval of an Emergency Medical Services (EMS) County Grant Application for funds to be used for training classes and medical/rescue equipment. CONSIDERATION: The State of Florida established the Emergency Medical Services Grant Award Program for the improvement and/or expansion of emergency medical services. Collier County's grant award for Fiscal Year 2002 will not exceed $82,643.92 and will be used for training classes and the purchase of medical/rescue equipment. A Resolution certifying that the grant funds will improve and expand the County's EMS pre-hospital services and will not be used to supplant the existing Emergency Medical Services budget is required to be included with the grant application. FISCAL IMPACT $54,700 has been budgeted for FY 02 in Fund 491 EMS Grants. The EMS Grants Fund 491 will be increased $117,944 in FY 02 by budget amendment that will recognize and appropriate this revenue. $32,644 is additional revenue that will be received from the State of Florida and $85,300 is additional carryforward. In addition, $4,700 budgeted in reserves will be re-appropriated as an expense. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the Emergency Medical Services (EMS) County Grant Application, County Grant Distribution Form, adopt the necessary Resolution and approve a budget amendment as stated above. PREPARED BY.' ~~ ~~ DATE: dS~/~[ REVIEWED BY: I'l ~ DATE: b] Diane B. Flal~g, Director of EMS Administration REVIEWED BY: ~,'~)~,~'~"~ DATE: Thomas Storrar, Administrator, Emergency ServiCes -- OCT - 9 2001 ]~b Bush Governor Robert G. Brooks, M.D. Secreta~' BUREAU OF EMERGENCY MEDICAL SERVICES August10,2001 TO: SUBJECT: Chairperson, Collier County Board of County Commissioners 2001-2002 Emergency Medical Services County Grant Application We are pleased to provide you with the Florida County Grant Program Manual. The manual contains the application form and all information needed to request your fiscal year 2001- 2002 county grant funds for the improvement and expansion of Emergency Medical Services (EMS) within your county. Please copy the application form (Form 1684, Jan. 98) contained in Appendix F of the manual complete the application and return it and a co_gp__~of the required resolution to the Bureau aY~-e address On th~ bottom of this etter. The resolution criteria are contained in Item 5 of the application. Note that Items 2 and 8 (advance payment) of the application require original signatures. You must retain a copy of the comPleted grant application and manual, and make them a part of your grant file since they contain the requirements and the forms you must use to 3grant and submit reports to the Department. The deadline to apply is 02, 5:00 PM, Eastern Daylight Standard Time. Applications will be processed in the order that they are received. We have determined that your grant award will not exc . . lease use this amount when developing your application's budget. ~~'~ ~? Thank you for your cooperation and support to improve and expand access to quality EMS. Please contact me at (850) 245-4440 extension 2737 if you have any questions. Edward L. Wilson, Jr. Program Administrator Enclosure: County Grant Program Manual, January 1998 cc: Diane Flagg X~ND~ ITEI~I ] No. l/ ~/ OCT - 9 O01 Phone (8501 245-4440 FAX {850) 488-2512 4052 Bald Cypress Way · Bin C18 · Tallahassee. FL 32399-1738 www.doh.state.fl.us/ems/ Emergency Medical Services (EMS) County c-¢~n~ Application State of Florida Department of Heaith Bureau of Emergency Medical S~ Grant Nc 1. Board of County Commissioners (grantee) Identification: Name of County:. Collier Business Address: Building "H" - 3rd floor - 3301 East Tamiami Naples, ?L 34112 Phone # (941). 774 8459 SunCom # ( ).__ _ 2. Certification: I, the undersigned official of the previously named ,-c,,. ~.'vv.j. certify that to the best of my knowledge and belief all information and data contained in this EMS County Award Application and ~ attachments are true and correct. ~.~, ,'l mpiy My signature acknowledges and ensures that I have read, understood, a. ~.Scf~, fully with the Florida EMS County Grant Manual. ~WIGHT E, B~:::K, CLE~Y, Pdnted Name: ~a~es D. Carter, Ph,D. 'I-We: Chairman _ Signature: (Authorized County Official) Date Signed: 3. Authorized Contact Person: Person designated authority ans ~es:onsibility to provide the deparTnent wi'oh reports and documentation on all activities, services, and e×send[tures which involve this grant Name: Diane B. Flaqq 'l'itJe: Director :f LHS Admini$=ra~'-on Collier County EMS Business Address: Building "El'" - 3rd ~loor - 3301 East Tamiami Trail Naples, FL 34112 (City) (State) (Zip) . 8459 SunCom#( ) Phone # ( g4l ), ??4 County's FederalTax Identification Number: VF 59 eoooss8 DH Form 1684, Jan. 98 AGENDAJTEM No. /'&~ ~ 5_: Resolution: Attach a resolution from the Board of County Commissioners certifying the monies "n the EMS County G~ant will improve and expand the county's prehospital EMS system and that the grant monies will not be used to supplant existing county EMS budget allocations, 6. Work Plan: Work Activities: Bfd, purchase, an~ distribute equipment ~me Frames: Six months (6) after contract begins. Provide specialized medical/rescue educational courses. Six months (6) after contract begins. A(3E..NDA ITEM No.._/(-/= %[ - OCT - 9 2001 3 A(3ENDA ITEM OCT - REQUEST FOR cOUNTY GP,~NT DISTRIBUTION (ADVANCE PAYMENT) 'EMERGENCY MEDICAL SERVICES (EMS) COUNTY GRANT PROGRAM In accordance with the provisions of section 401.113(2)(a), F.S., the undersigned hereby requesl, s an EMS county grant distribution (advance payment) for the Improvement and expansion of prehospital EMS. _ COLLIER COUNTY BOARD OF COMMISSIONERS Payment Tu:~ Name of Board o_f C. qunty C"~"~mlssloners (Payee) 3301 East Tamiami Tral~ Naples, FL 34112 Address (City) (State) Federal Tax ID Number or County:5.!_ 9 6 o o o SIGNATURE: Printed Name: Authorizing County Offlctal 5 ~ 8 o~IG~T E. CL£E Date: James D. Carter, Ph.D. Ti~e:_chairman SIGN AND RETURN WITH YOUR GRANT APPLICATION TO Department of Health Bureau of Emergency Medical Services EMS County Grants 4052 Bald Cypress Way, Bin C.~8 Tallahassee, Florida 32399-1738 For Use Only by Department of Health Bureau of Emergency Medical Services Amount: $ Approved By: Grant Number: Signature, State EMS Grant Officer Date: Fiscal Year: Amount: $ Oroanizatlon Code.. ~4. 25.60-00-000 Federal Tax I.D. VI= Beginning Date: 6 o o o 5 5 8 4 O.C.A. N2000 730060 Ending Date: AGENDA ITEM No. /~/=,! OCT - 9 2001 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 31 32 33 RESOLUTION NO. 2001- 34 35 36 37 38 39 40 41 42 43 44 A RESOLUTION CERTIFYING THAT THE APPLICATION FOR AND USE OF EMS COUNTY GRANT FUNDS WILL IMPROVE AND EXPAND PRE-HOSPITAL EMS DEPARTMENT ACTIVITIES AND SERVICES AND WILL NOT SUPPLANT EXISTING COUNTY EMS BUDGET ALLOCATIONS. WHEREAS, EMS Department Paramedics and Paramedic/Firefighters provide basic and advanced life support c-ire and highly technical service to the citizens and visitors of Collier County; and WHEREAS, the purchase of equipment and provision of training classes shall greatly enhance the effectiveness of pre-hospital emergency medical care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY CO~VEVIISSIONERS OF COLLIER COUNTY, FLORIDA, that; The $82,643.92 in the EMS Grant will be used to purchase medical/rescue equipment and training classes and these funds will not be used to supplant existing EMS Department budget allocations. This Resolution adopted this and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: 46 47 48 Rr~:~n"~. Za~ary __day of ,2001 after motion, second 49 Assistant County Attorney 50 51 52 53 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: JAMES D. CARTER, Ph.D., Chairman A(3ENDA ITEM No. /(.F I OCT - $ 2001 EXECUTIVE SUMMARY BOARD AUTHORIZATION FOR PAYMENT OF INVOICES F¢ CRVICES PERTAINING TO ELECTION REQUIREMENTS AND TOWN HALL , ,~, r~ I I, G FOR THE PELICAN BAY SERVICES DISTRICT, ORDINANCE NO. 20{)( .~ = OBJECTIVE: Board authorization for payment of invoices for servic $4,008.40 pertaining to election requirements and town hall meeting for Ordinance No. 2000-82, and approval of associated budget amendment. _xnount of $4,507.00 and :an Bay Services District, CONSIDERATIONS: On November 28, 2000, the Board of Count' (' ,:,~missioners adopted Collier County Ordinance No. 2000-82, providing for ;he creation of the Pelicar, ~ Services District, a limited unit of local government designed to replace the Pelican Bay Munic~pai ~Scrvices Taxing and Benefit Unit, principally intended to provide for a more directly responsible -!' ~ '4 lbrm of govemment for Pelican Bay regarding the services provided to the area and paid for by its :: ~ ~dents. Subsequent to the fielding of candidates pursuant to the County ordinance a~nd prior to an April 26, 2001 election date, the Board of County Commissioners determined that an intbr~:monal town hall meeting for the property owners of Pelican Bay would serve the public interest and assist the Board in its deliberations concerning the future of the Pelican Bay Services District or '?.e continuation of the Pelican Bay Municipal Services Taxing and Benefit Unit (MSTBU). The town hall meeting was held at the Registry Resort Hotel on March ! ~. ?~i~r~! and was attended by in excess of one thousand persons. Expenses were incurred in providing public notice, mailings, a press release and related services in the amount of $4,008.40 (invoice attached). Additionally, costs for services related to the then pending election for the Board of Superv~: .~ ,~t' the Pelican Bay Services Dismct in the amount of $4,507.00 were incurred, for which the Office o~' :he Supervisor of Elections seeks payment (invoice attached). Noting that the Board has previously determined that it was in the public :ntcrest to reimburse filing fees incurred by candidates for the Pelican Bay Services District, including the encouragement of citizens to seek local elective office, the Board may similarly find and determine that '*~: ~:xpenses reflected on these invoices outlined above were required pursuant to Ordinance No. 2000-~ 2 ~< necessary and of public purpose and benefit and authorize payment. On July 31, 2001 this ,~e:n '.~as discussed under Board communications and the Board direction was to bring this item back on a ;uture agenda date for a final decision. FISCAL IMPACT: The costs of the services - $8515.40 will be share,] :..ic~ally between the General Fund and the Pelican Bay operating fund(s). Funds are available in reser'~ c :3 ~>~ these respective funds. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Ex3ecutive Summary. RECOMMENDATION: That the Board of County Commissioners find that the services provided served a public purpose m,d benefit and that it is in the public interest to authorize the County to pay the invoices in the amount of $8,515.40. That the Board also approve budget amendments from the General Fund and Pelican Bay Funds for each entity's 50% share of the invoices. Prepared by: /tl.,~f_J~ Date: /0' /~ O / Michael Smykowski OMB Director Prepared by: Thomas W. Olliff County Manager Date: AGENDA~ No. /60- ~__ 0 C T - 9 2001 Pg. / , MARKETCRANK ~ INVOICE El4 94tit Am North Naples, Florida 34108 T~ 941-591-2709 Fax:941-591-4733 Suite 600, StmTrustBuild.ing Invoice No: 3200174 801 Laurel OakDriv¢ Date: March 19, 2001 Naples, FL 34108 Balance I)ae: $4,008.40 Customer Reference: Ray O'Connor, Pelican Bay Property Owner's Association Description Amount Special Governance Town Mcc~E PR Assistance Cma~ and print To~:n Meeting Fl.~r ou flour~c~rat pap~ $993.00 Print Labels (5, 760 ~, .03 ea) 172.80 Lab¢ling (. O 7 ea) 40320 Postage (F/r~t C'/a.,v~ .$4 ea) Press Rel~ (590 w~rda (~.40 ~ Word) 236.00 Meeting Coordination nnni.~a~c~ 150.00 Reac-rved Seat Tent Cards for m~dng 9~.00 Balance Due: $4,008.40 It's a pleasure to ao business wita you: Balance Due: $4,008.40 MarketCrank, Inc. ' TERMS: Due upon re. cz/in Thank you f°r your pr°mI I'~~)A ITEM Invoice to: Pelican Bay 801 Lanai Oak Drive N~I~, FL :34108 JENNIFER J. EDWARDS SUPERVISOR OF ELECTIONS Collier Government Comt~x 3301 Tamiami Trail r:~t. Buflcling B Rev. Dr. Marlin Lulher King Jr. Building Naples, Florida 34112-4.902 Telephone: 941/774-8450 Fax: 941/'r74-9468 I1N~OICE Attention: James Ward I £C£1VED Remit to: Collier County Supervisor of Elections 3301 T~ziami Trail East Naples, FL 34112 Total Due $4,507.00 Pelican Bay Election scheduled for 4-26-01 BalIot cards $ 600.00 Set Up 75.00 Freight 25.00 Petition Verification 119.00 Translation 10.00 Notice of Election 436.00 Copies 45.00 Packets 3~0.00 Staffhou~s 1.272.00 Attorney Fees 1,595.00 Thank you for the opportunity to be of service. If you have any questions, please call me at 774-8333. EXECUTIVE SUMMARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE FISCAL YEAR 2000-01 ADOPTED BUDGET. OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 2000-01 adopted budget in accordance with Section 129.06, Florida Statutes. CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as adopted by the Board. can be amended. Budget amendments recognizing grants, donations, contributions, or insurance proceeds that increase the total appropriations of a fund over the adopted annual budget max' be approved by resolution of the Board of County Commissioners. Each of the budget amendments in the attached Resolution has been reviewed and approved by the Board of County Commissioners via separate Executive Summaries. FISCAL IMPACT: Thc amendments and executive summaries, which were previously considered and approved bx' the Board, contained their respective fiscal impact statements. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no Growth Management Impact RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 2000-01 adopted burg_ct. Prepared by: Fd'7"- c ..... Date: Michael Smykowski, OMB Director Approved By-: Thomas x~' r~!!iff, C~n~nager Date: AGENDA ITEM No. 0CT - 9 2001 Pg. RESOLUTION NO. OI-BAR- A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA STATUTES, TO AMEND THE BUDGET FOR THE 2000/01 FISCAL YEAR. WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also referred to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures therefor; 8 and 9 WHER.F, AS, the Board of County Commi~ioners of Collier County, Florida, has received copies of budget amendments 10 which provide for but nrc not limimd to: revenue from grants, donations or contributions, or insurance proceeds for a designated 11 purpose. 12 WHEREAS, the Bun~i has determined that it is appwpriate to amend the Budget for Fiscal Year 2000/01 by resolution 13 pursuant to Section 129.06, Florida Stannes. 14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER 15 COUNTY, FLORIDA, that the budget amendments to the 2000/01 FY Budget described below are approved and hereby adopted 16 and the 2000/01 FY Budget is so amended. 17 18 INCREASE 19 (DECREASE) 20 CARRY 21 FORWARD 22 BUDGET OR INCREASE INCREASE INCREASE EXPLANATION 23 AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) FOR 24 FUND NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES APPROPRIATION 2~ 191 01-463 $300,000 $300,000 26 144 01-517 $19,800 $19,800 Urban In~ll Grant FEMA Rcimborsement 27 28 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes 29 ofth/s meeting for permanent record in his office. 30 This Resolution adopted after motion, second and majority vote favoring same. 31 DATED: 32 33 ATTEST: 34 DWIGHT E. BROCK, Clerk 36 37 By: 38 Deputy Clerk 39 41 42 Approved as to form md 43 legal su~ci~ncy: Chief Assis~nt County Attorney 49 50 51 52 53 BOARD OF COUNTY COIVIiVOSSIONERS COLLIER COUNTY, FLORIDA By: James D. Carter, PH.D., Chamnan AGENDAITEM OCT - 9 2001 pg. APPROVAL OF BUDGET AMENDMENTS BCC Agenda of October 9, 2001 Isles of Capri (144) Budget Amendment 001-524 Regular Salaries Reserves Reserve for Contingencies Reserve for Capital Outlay Total: Explanation: $14,301 (6,414) (7,887) -0- Funds are needed to fund salaries and benefits for FY 2001. AGENDA ITEM 0 CT - 9 2001 Pg. / BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 9, 2001 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 90-2783-MMA, 86-675-CFA, 84-2979-TM, 84-3430-TM, 95-2179-CFA, 88-1781 -MM, 88-2004-TMC, 89-2211-MM, 89-2905-TMC, 87-3796-TMC, 96-6987-MMA, 91-292-MM, 90-5008-MM, 89-6788- TM, 90-2945-TM, 89-1390 CFA, 89-3285-MMA, 97-1485-CFA, 91-887-CFB, 90-4733- TM, 84-1046-TM and 94-1099-CJA; RECOMMEND APPROVAL. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: AD 3. Districts: A. Bo Co Do ED Fo 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. September 5, 2001- through September 11, 2001. September 12,2001- through September 18,2001. North Naples Fire Control & Rescue District - Proposed budget for FY 2001/2002, districts maps, Districts Facilities' reports, registered agent form, schedule of regular board meetings. Pelican Marsh Community Development District - Notice of Public Meetings Scheduled for Fiscal year 2001-2002, District Map. Heritage Greens Community Development District - Notice of Public Meetings scheduled for FY 2001-2002, District Map. Big Corkscrew Island Fire Control and Rescue District - 5 year plan, Audited Financial Statements through September 30,2000. Mediterra South Communit3' Development District - Public meeting schedule and District Map. Naples Heritage Community Development District - Meeting dates for FY 2002, District Maps, Notice of Meetings scheduled for Naples Heritage Community Development District. AGENDA ITEM 0£1 0 9 2001 Minutes: A. Golden Gate Beautification Advisory Committee - Agenda for September 11, 2001, and Minutes of August 14, 2001. B. Collier County Airport Authority - Agenda for Sept 10, 2001, and Minutes of August 13, 2001. C. Pelican Bay MSTBU Advisory Committee -Agenda of September 5,2001, Minutes of August 1,2001, Budget-In-Brief FY 2001, Pelican Bay Services Division FY 2002. D. Rural Fringe Assessment Area Oversight Committee - Meeting Notice of August 29, 2001, Agenda for August 29, 2001, Minntes of August 8, 2001. E. Collier County Library Advisory Board - Agenda of August 29, 200 I, Minutes of June 27, 2001, Director's Report of August 23, 2001. F. Environmental Advisory Council - Agenda for September 5, 2001, Minutes of August 7, 2001. G. Rural Lands Assessment Area Oversight Committee - Minutes for June 18, 2001. H. Hispanic Affairs Advisory Board - Minutes of June 14, 2001. I. Emergency Medical Services Advisory Council - Agenda for August 29, 2001, Minutes of July 25, 2001. J. Collier County Planning Commission - Agenda for August 16, 2001. Other: A. Letter from Guy L. Carlton, Collier County Tax Collector - 2001-2002 Budget Amendment. H:Data/Format AGENDA ,]:TEI~ OCT 0 9 2001 EXECUTIVE SUMMARY A RESOLUTION AUTHORIZING THE BORROWING OF 24N .4MOUNT NOT TO EXCEED $2,300,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE LOAN AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND THE COMMISSION IN ORDER TO FINANCE THE ACQUISITION AND IMPLEMENTATION OF A FULLY INTEGREGATED FINANCIAL MANAGEMENT SYSTEM WITHIN THE COUNTY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PRO VIDING AN EFFECTIVE DA TE. OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution authorizing a loan from the Commercial Paper Program in an amount not to exceed $2,300,000 to acquire and implement a fully integrated financial management system. CONSIDERATIONS: As the current financial management system was installed in 1987 and is extremely antiquated, the Board of County Commissioners has previously approved the acquisition of SAP, a fully integrated financial management system with the implementation by the Cedar Group. The total cost for the project is $3,300,000 with $1,000,000 being funded by the Clerk of the Circuit Court through the Public Records Modernization Trust Fund. Upon full implementation, the County should experience significant efficiency gains and improved workflow processing. FISCAL IMPACT: A loan in an amount not to exceed $2,300,000, which shall be repaid with moneys, derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad-valorem taxing power of the County will never be necessary or authorized to make the loan repayments. The debt service on this loan is budgeted and available in the Commercial Paper Fund 299. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution authorizing a loan in an amount not to exceed $2,300,000 from the Commercial Paper Program as one of the funding sources for the acquisition and implementation of a fully integrated financial management system. By: Date: Director of Finance and Accounting Michael Smykowski Director of the Office of Management and Budget Chairman, Finance Committee IO- 3 %) / AGENDA ITEM OCT-9 2001 Pg. / RESOLUTION NO. A RESOLUTION OF THE BOARD OF NTY COMMISSIONERS OF COLLIER COUNTY. AUTHORIZING THE BORROWING OFNOT EX( : ::DING $2,300.000 FROM THE POOLED COMMERCIAl TAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BET;~. ~.:~ YHE COMMISSION AND THE COUNTY IN OK~£1~ TO FINANCE THE ACQUISITION AND IMPLEMEN i'ATION OF A FINANCIAL MANAGEMENT SYSTEM WITHIN THE COUNTY; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NO;FE OR NOTES WlTtt A COVENANT TO BUDGET AND APPROPRIATE LEGAL L Y AVAILABLE NON-AD VALOREM RE VENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELi", ~RY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Cap~italized terms not defined herein shall have the meanings ascribed thereto in the hereinv,c''''' ae fined Loan Agreement. "Act" means, coliectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional ?.',, m ents" means the payments required to be made by the County pursuant to Sections 5~ - %, 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" meam :~c Board of County Commissioners of the County. AGENDA I~E~I No.. 0 C ! - 9 Pg._ ?-..- "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (I) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw Date" has the meaning set forth in the Loan Agreement. "Finance Director" means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan No. A-21-1" means the Loan designated as "Loan No. A-21-1" the proceeds of which are to be used to f'mance Project A-21. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of 2 AGENDA ITEM No. lt../JCl . OCT - 9 2001 pg. 3 the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only afterprovision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A-21" means the costs and expenses rel:ating to the acquisition and implementation of a fully integrated financial management system, as the same may be amended or modified from time to time, all as more particularly described in the plans and specifications on file with the County. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. AGENDA iTEM 0 CT - 9 2001 pg._ SECTION 3. that: FINDINGS. It is hereby ascertained, determined and declared (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and ref'mance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled CommercialPaper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commi'ssion has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements. (D) There is presently a need by the county to finance Project A-21 and the most cost-effective means by which to finance Project A-21 is by the use of moneys obtained pursuant to the Program by means of the Loan. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A-21-1 pursuant to the terms of the Loan Agreement and the financing of Project A-21 will assist in the development and maintenance of the pub lic welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A-21-1 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (H) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-21-1, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the 4 AGENDA .ITt.. No. OCI - 9 2001 pg. :~'" County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERM S OF LOANS. The County hereby approves of Loan No. A-21-1 in the aggregate amount of not exceeding $2,300,000 for the purpose of providing the County with sufficient funds to f'mance Project A-21. The Chairman and the Clerk are hereby authorized to execute, seal and deliver on behalf of the County a Loan Note or Notes with respect to Loan No. A-21-1 and other documents, instruments, agreements and certif'lcates necessary or desirable to effectuate Loan No. A-21-1 as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-21-1 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The Finance Director shall make the Draw Reque.st or Requests with respect to Loan No. A-21-1 in accordance with the terms of the Loan Agreement at such time as shall be determined by the Finance Director as appropriate to finance Project A-21 and is permitted by the Loan Agreement. Loan No. A-21-1 shall mature in accordance with the provisions described in Schedule I attached hereto or in such other amounts and at such other times as the Finance Director may determine. Loan No. A-21-1 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A-21 - 1 shall be 30 basis points or such other amount as First Union National Bank and the Finance Director shall agree. SECTION 5. AUTHORIZATION OF PROJECT A-21. The County does hereby authorize the acquisition and construction of Project A-21. SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A-21-1 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A-21-1 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer AGENDA ITEM No. I . OCT -9 ZOO1 pg. ~, of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 8. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision 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 or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION9. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION10. EFFECTIVE DATE. immediately upon its adoption. This Resolution shall take effect DULY ADOPTED this 9th day of October, 2001. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) ATTEST: By: Chairman Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: County Attorney AGENDA ITEM No._ 0 C T - 9 7 SCHEDULE I PROPOSED LOAN REPAYMENT SCHEI} E The principal of Loan No. A-21-1 shall be repaid as follo~ September 3, 2002 September 2, 2003 September 7, 2004 September 6, 2005 September 5, 2006 $460,000 460,000 460,000 460,000 460,000 Interest on the Loan shall be paid monthly in accordance with tile terms and provisions of the Loan Agreement. Additional Payments shall also be made in accordance with the Loan Agreement. AGENDA ITEM No. I~.lf J -- [~j~ i,-~ 0CT - 9 2001 Pg., EXECUTIVE SUMMARY EXECUTE SATISFACTION ESTABLISHED IN COLLIER LISA A. MASTRO. OF CODE ENFORCEMENT LIEN COUNTY V. TODD A. MASTRO AND OBSECTIVE: To execute a satisfaction of the code enforcement lien imposed against property owned by Todd and Lisa Mastro pursuant to a Corrective Order Imposing Fine/Lien and subsequent Order Reducing Fine/Lien in Collier County v. Todd A. Mastro and Lisa A. Mastro, CEB Case No. 00-029. CONSIDERATIONS: An Order Imposing Fine/Lien was entered by the Code Enforcement Board on August 30, 2000, in Collier County v. Todd A. Mastro, et ux., CEB Case No. 00-029. A Corrective Order Imposing Fine/Lien was subsequently entered and a certified copy recorded on September 14, 2001. On September 27, 2001, an Order Reducing Fine/Lien was entered by the Code Enforcement Board waiving the fine in its entirety but ordering the payment of operational costs in the amount $841.28. Pursuant to its recording in the Official Records of Collier County, the Order became a lien against real property owned by the Mastros. On September 27, 2001, payment was received in the amount of $841.28 in complete satisfaction of the lien imposed against the property. A Satisfaction of Lien therefore must be executed and recorded so as to discharge the lien of record. A copy of the Satisfaction of Lien is attached hereto. FISCAL IMPACT: The sum of $841.28 will 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: 1. Authorize its Chairman to execute the Satisfaction of Lien; and Authorize staff to record the Satisfaction of Lien in the Public Records of Collier County, Florida. OCT 0 9 ZOO1 PO. / .... l .Ellen T. Chadwell Assistant County Attorney Date: REVIEWED BY: ~_/~/~d~ Michelle Edwards Arnold, Director Code Enforcement Department APPROVED BY: Joh~M. Dunnuck, III, Administrator CoflJrnunity Development & Environmental Services Division Date: Date: h:ExSumXBettencourt-CEB 99-026, 027,028 2 OCT 0 9 2001 J Folio No. 36442640005 SATISFACTION OF LIEN This is to certify that the claim of lien in favor of Coll~ ~ ~unty :n the sum of Eight Hundred and Forty-One and 28/100 Dollars ($841.28), ar'~ ~.i ~ g out of the Order Reducing Fine/Lien dated September ,2001, and recorde~ t ~n O.R. Book m, Page , et. seq., of the Public Records of Collier County. ~--lorida, which Order superseded Corrective Order Imposing Fine/Lien, recorded at O.R. Book 2892, Page 2595, et. seq., against the following described real property located at 5036 28th Avenue S.W., Naples, Collier County, Florida, which is owned by Todd A. Mastro and Lisa A. Mastro, has been satisfied in full. Golden Gate, Unit 7, Block 245, Lot 6 Folio No. 36442640005 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 per-:onal property owned by Todd A. Mastro and Lisa A. Mastro, and consents to this lien bei ng discharged of record. Dated this day of October, 2001. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk By: James D. Carter, Ph.D., Chairman Approved as to ~:orm Anlablegal sufficierlcy; Ellen T. Chadwell Assistant County Attorney Ne. ~ OCT 0 9 ZOO1 EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMM[qSIONERS ACCEPT AN OFFER OF JUDGMENT AND APPROVE THE STIPI. R,ATED FINAL JUDGMENT TO BE CREATF~D BASED ON THE SAME TERMS AND CONOITIONS AS THE OFFER OF JUDGMENT FOR PARCEL 163 IN THE CASE ENTITLED COLLIER COUNTY V. RUSSELL BAISLEY, ET AL.., (LIVINGSTON ROAD, PROJECT NO. 60071). OBJECTIVE: That the Board of County Commissioners accept an Offer of Judgment and approve the Stipulated Final Judgment to be created based on the same terms and conditions for Parcel 163 for the Livingston Road project in the lawsuit entitled Collier County v. Russell Baisley, et a/., Case No. 01-0758-CA. CONSIDERATIONS: On June 7, 2001, the Board of County Commissioners acquired Parcel 163 upon deposit of the sum of $19,400 in the Court Registry subsequent to the Order of Taking in this matter. The Offer of Judgment proposes the sum of $25,000 as full compensation. If the Board accepts the Offer of Jud~tyrnent, the County will need to deposit an additional $5600 into the Court Registry as additional compensation. The last written offer dated July 28, 2000, made before an attorney was hired, was in the amount of $13,000. The attorney's fees, based on the benefit derived pursuant to Section 73.092, F.S., is $3960, and this sum will also need to be deposited into the Court Registry. The County is also responsible for reasonable expert fees pursuant to Section 73.091, F.S. The amount of this fee is unknown at this time. FISCAL IMPACT: Funds in the amount of $9560 are available in the Transportation Supported Oas Tax Fund. .. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 52. RECOMMENDATION: That the Board of County Commissioners: accept the Offer of Judgment and approve a Stipulated Final Judgment to be created based on the same terms and conditions contained in the Offer of Judgment; 2. approve the expenditure of the funds as stated; and direct staff to deposit the sum of $9560 into the Registry of the Court. SUB~ BY: Heidi F. Ashton Assistant County Attorney ! )ate OCT' 9 2001 o 0g-~4-01 0?:lg From-Collier County Attorney 0ff~ca 94 *'~ SZZ5 '-8C' 2 005/007 F-ST? REVIEWED BY: Transportation/~CM REVIEWED BY: REVIEWED BY: APPROVED BY: Steve Miller, P.E., Directo~ Transp~rtation/ECM T/ansportation Division / County Attorney h L.itkF. mDomkl3aisleykExSurn-OfferJudgmexx! P163 )ate' {)atc- l)atc AGENDA ITEM OCT- 9 2001 IN THE ~IRCL'IT COURT OF THE TWENTIETH JL: ~ IN' AND FOR COLLIER COUNTY, FLOP Ai iOp, NEv ~._. CIRCUIT ' ?n,'], i ft PM COLLIER COUNTY, FLORIDA, a Political subdivision of the State of Florida, VS. Petitioner, RUSSELL BAISLEY, et al., Respondents. Case No.u '~ -0758-CA Parcel Nc ' '~?, OFFER OF JUDGMENT Respondents, FREDERICK GARDNER .k~D JOAN GARDNER, by and through their undersigned counsei and pursuant to Section 73.032, Florida Statutes, and the procedure set forth in Fla. R.Civ. P. 1.442, hereby make the following Offer of Judgrnent to Petitioner, COLLIER COUNTY, in the amount of TWENTY FIVE THOUSA~ND .&ND NO/100 ($25,000.00) DOLLARS. to settle all pending claims with that party, exclusive of attorney's fees, expert witness fees and costs. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing was delivered by U.S. mail to ;-~c,& F. Ashton, Esquire, Office of the County Attorney, Harmon Turner Building, 3301 Ex: ¥'~,maiami Trail, Naples, Florida 34112, this __ 2001. 95024_1 day of September, Roetzel & Andress A Legal Professional Association 2320 First Street, Suite 1000 Fort Myers, Florida 33901 Telephone: (941). 337-3850 Facsimile: (94J~ 337-0970 _ ,/ By: ~ net 9 2001 Kennetl] ~.:'Jones pg. ~_~~ FloridCBar No. 0200158 / IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCU1T IN AND FOR COLLIER COUNTY, FLOR/DA COLLIER COUNTY, FLORIDA, a Political subdivision of the State of Florida Petitioner, VS. RUSSELL BAISLEY, et al., Case No. 01-0758-CA Parcel No. 163 Respondents. NOTICE OF SERVICE OF DEFENDANTS' OFFER OF JUDGMENT COME NOW the Respondents, FREDERICK GARDNER AND JOAN GARDNER, by and through their undersigned counsel, and pursuant to Section 73.032, Florida Statutes, and the procedure set forth in Fla. R. Civ. P. 1.442, hereby file this Notice of Service of Respondents' Offer of Judgment on the Petitioner, COLLIER COUNTY, FLORIDA. CERTIFICATE OF SERVICE I ItEREBY CERTIFY that a true and correct copy of the above and foregoing was delivered by U.S. mail to Heidi F. Ashton, Esquire, Office of the County Attorney, Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, this /CD day of September, 2001. ROETZEL & AN'DRESS A Legal Professional Association 2320 First Street, Suite 1000 Fort Myers, Florida Telephone: (941)2~ 95027_1 Fl°ndTar ~l 33901 ~7-3850 ~-0970 Io. 0200158 AGENO. A.,rIEJ NO. ~ OCT 92001 EXECUTIVE SUMMARY PETITION CCSL-2001-3, A.J. SMITH OF RECREATIONAL FACILITIES OF AMERICA INC., REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW CONSTRUCTION OF A DUNE WALKOVER, CHICKEE HUT, DESIGNATED STORAGE AREA FOR A BEACH CONCESSION, AND PATHWAY LANDWARD OF THE BEACH, LOCATED AT THE COLLIER COUNTY BAREFOOT BEACH PARK, SECTIONS 7, 8, 17 AND 18, TOWNSHIP 48 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 walkover, chickee hut, designated storage area for a beach concession, and pathway, landward of the beach (See Exhibit A). CONSIDERATIONS: The subject property is located at the Barefoot Beach County Park owned by the Collier County Board of County Commissioners. The petitioner proposes to mitigate for the removal of vegetation fi.om the areas where the chickee hut and storage area will be constructed. 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 fi.om 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. 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. - ~GENO,~ ITEM NQ. OCT 0 9 ZOO1 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) 1 1.4 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 would not allow any reasonable economic utilization of such 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 NO..~ OCT 0 9 2001 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. .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 Barefoot Beach County Park Facility has dune walkovers over a portion of the dune system at this location. The proposed improvements are for the recently approved concession business at Barefoot Beach County Park. 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. 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-2001-3 subject to the following stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Deparmaent 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 tt~.,:tle 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. AGENDA ITEI~(~ No. 1'7 ~j~ OCT 0 9 2001 o 10. 11. 12. Outdoor lighting associated with construction, or developmc:~ , ~thin three hundred (300) feet of the high tide line, shall be in compliance xvi' 'ivision 3.10 of the Collier County Land Development Code. The petitioner shall utilize only native coastal dune xe,:* ~t(on for all on-site landscaping beyond the 1974 Coastal Construction Control k~: ..,...x md of coastal dune The petitioner shall re-vegetate the dune where the dune is - ' ' vegetation. The re-vegetation shall be completed, according to a plan approved by Collier County Planning Services Staff, prior to the issuance of a Certificate of Occupancy. All structures and storage areas shall be located entirely off ~he 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 i~' necessary a plan to barricade the work area or a Gopher Tortoise Relocation' Management Plan) to Collier County Planning Services Staff, prior to any site improvements. The petitioner shall field locate structures to avoid or minimize potential impacts to existing gopher tortoises and their burrows. The petitioner shall submit copies of all necessary agency pe~znits (i.e. FFWCC for gopher tortoise) prior to any site improvements or obtaining any building permits. The petitioner shall remove all exotic vegetation from the boundary of the concession facility in accordance with the Collier County Land Development Code Section 3.9.6.6. Minor revisions to Coastal Construction Setback Line Variance CCSL-2001-3 (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. AGENDA ITE~ OCT 0 9 ZOOl PREPARED BY: BAZAR>, ~."Bm~EsO~'-- SR. ENVIRONMENTAL SPECIALIST CURRENT PLAN.'NING SECTION REVIEWED BY: DATE /~CUSANMURRAY, AICP, MANAGER d' CURRE,,/~,,~ PLANNING SECTION.-.-., ~ 7_/5 -~ ' ' .~ .'" ~HoM~S KI~k_'K. PE. INTERIM :~-~CTOR PLANNING SERVICES DEPARTMENT ..:'. ' -.. DATE DATE DATE ! J~N' ~vI. D~_i~'~. JkTERIM ADMINISTRATOR DATE ~jOMMUNITY DE\:ELOPMENT & ENVIRONMENTAL SERVICES DWISION Executive summary/'CCSL-2001-3 .o. /7 .~ OCT 0 9 ZOO1 RESOLUTION NO. 01-__ RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-2001-3, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW CONSTRUCTION OF A DUNE WALKOVER, CHICKEE HUT, DESIGNATED STORAGE AREA FOR A BEACH CONCESSION, AND PATHWAY LANDWARD OF THE BEACH, LOCATED AT THE COLLIER COUNTY BAREFOOT BEACH PARK IN SECTIONS 7,8,17 and 18, TOWNSHIP 48 SOUTH, RANGE 2S EAST, COLLIER COUNTY, FLORIDA. WHEREAS, A.J. Smith of Recreational Facilities of America Inc., requests a variance from the Coastal Construction Setback Line (CCSL) as required by thc Collier County Ordinance 91-102, Division 3.13, as amended, to allow eonstxuction of a dune walkover, a chickee hut, designated areas for beach concesaion storage and pathways landward of the beach; and WHEREAS, the subject property is located at the Barefoot Beach County Park owned by the Collier County Board of County Commissioners, and WHEREAS, the proposed improvements will extend no further seaward than the seaward edge of the dune vegetation; and WHEREAS, the subject property had a CCSL variance approved by the Board of County Commissioners for dune walkovers; 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 Growth 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-2001-3 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 thc 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 I and October 31 of each year, sea turtle nesting season, without first submitting and obtaining FDEP and Collier County ConsUucfion 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. AGENDA ITEM No. 1'/ A OCT 0 9 2001 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. The re-vegetation shall be completed, according to a plan approved by Collier County Planning Services Staff, prior to the issuance of a Certificate of Occupancy. 7. All structures and storage areas shall be located entirely off the beach and no items may be stored on the beach during sea turtle nesting season. Structures shall be field located to minimize impacts to the natural dune environment. The petitioner shall install appropriate signs in the re-vegetation area indicating that beach users are requested not to inmade into this re-vegetation areau 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 Planning Services Staff, prior to any site improvements. The petitioner shall field locate structures to avoid or mhnimize potential impacts to existing gopher tortoises and their burrows. 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. The petitioner shall remove all exotic vegetation from the boundary of the concession facility in accordance with the Collier County Land Development Code Section 3.9.6.6. 12. Minor revisions to Coastal Construction Setback Line Variance CCSL-2001-3 (including changes in siting, structures and storage area) may be approved, in writing, by the Planning Services Director or his/her designee. Be it Resolved that this Resolution, relating to Petition Number 2001-3, be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote favoring same. Done this day of ,2001. DATE: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: Marfori~ ~1. StUdent Assistant County Attorney OCT 0 9' ?.001 EXECUTIVE SUMMARY PETITION CCSL-2001-2, DON CAHILL REPRESENTING WILLIAM G. RECKMEYER, REQUESTING A COASTAL CONSTRUCTION SETBACK LINE VARIANCE TO ALLOW FOR CONSTRUCTION OF A SINGLE FAMILY RESIDENCE, LOCATED AT LOT 9, BLOCK C, UNIT 1, LELY BAREFOOT BEACH, SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: The petitioner requests a Coastal Construction Setback Line (CCSL) Variance of approximately ten feet for the construction of a single family residence with approximately ten foot of overhang seaward of the CCSL (See Exhibit A). CONSIDERATIONS: The petitioner is proposing to construct a single-family residence on the west end of Dominica Lane, within the Lely Barefoot Beach Planned Unit Development, in Naples Florida. The proposed improvements will extend approximately 10 feet seaward of the platted Coastal Development Limit Line. The petition is consistent with the Collier County Land Development Code and Growth Management Plan - Conservation and Coastal Management Element. In consideration of the above, Staff finds the proposed construction to be consistent with the variance conditions of Collier County Ordinance No. 91-102, Division 3.13, as amended. FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: 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 bc ac. hen and dnneq - AC.i~.J',I~A ITEM OCT 0 9 2001 POLICY 11.4.1 Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. 11.4.2 Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. 11.4.6 Require native vegetation as landscaping in developed activities in developed coastal barrier systems and on the beach and dune systems. ENVIRONMENTAL ISSUES: This parcel is within the Lely Barefoot Beach PUD and the shoreline is already developed. There is a remnant dune on site. The proposed single family home does not impact any ground beyond the Coastal Development Limit Line. It would be beneficial to the shoreline for dune vegetation to be planted wherever possible to provide additional protection and stabilization to the system as a whole. The 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. HISTORICAL/ARCHAEOLOGICAL IMPACT: Staff's ~malysis 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-2001-2 subject to the following stipulations: All proposed improvements shall be designed in accordance with the standards of the Florida Department of Environmental Protection (FDEP) Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained, and copies provided, 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 - October 31, sea turtle nesting season, without first submitting and obtaining necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. Petitioner shall notify Planning Services Staff one week prior to commencing work seaward of the CSSL and shall again contact Staff within one week following completion of work seaward of the CCSL. Outdoor lighting associated with construction, or development within thr~ feet of the high tide line, shall be in compliance with Division 3.10 of th~ Land Development Code. 2 A~IT~DA ITEM e htmdred (300) Collier County OCT 0 9 2001 o Petitioner shall utilize only native coastal dune vegetation for all on-site landscaping beyond the 1974 Coastal Construction Control Line, or platted Coastal Development Limit Line. Petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation. A planting plan shall be approved by Planning Services staff, and re-vegetation shall be completed, prior to the issuance of a Certificate of Occupancy. Petitioner shall remove all exotic vegetation from the subject property in accordance with Section 3.9.6.6 of the Collier County Land Development Code. Minor revisions to Coastal Construction Setback Line Variance CCSL-2001-2 (including changes in siting and structures) 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 arc not required to be heard by the CCPC. 3 c,t k rrm OCT 0 9 2001 PREPARED BY: BARB~d~A S. ~URGES(~ SR. ENVIRONMENTAL SPECIALIST CURRENT PLANNING SECTION DATE REVIEWED BY: ,/S'USAN, AICP, MANAGER CURRENT PLANNING SECTION DATE THOMAS E. KucK, P.E. ' - -' DATE INTERIM PLANNING SERVICES DIRECTOR JOl~ M. DUNNUCK, m DATE INToERIM COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR executive surnmary/CCSL-2001-2 OCT 0 9 2001 RESOLUTION NO. 01-~ RESOLUTION APPROVING WITH CONDITIONS PETITION CCSL-2001-2, REQUESTING A VARIANCE FROM THE COASTAL CONSTRUCTION SETBACK LINE (CCSL) TO ALLOW CONSTRUCTION OF A SINGLE FAMILY RESIDENCE, LOCATED AT LOT 9, BLOCK C, UNIT I, LELY BAREFOOT BEACH, SECTION 6, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, Don Cahill, with Coquina Enterprises Inc., representing William G. Reckmeyer; requests a variance from the Coastal Conslxuction Setback Line (CCSL) as required by the Collier County Ordinance 91-102, Division 3.13, as amended, to allow construction of a single family residence with approximately ten foot o~ overhang seaward of the CCSL (Exhibit A); and WHEREAS, the subject property is a single family lot located on the west end of Dominica Lane, within the Lely Barefoot Beach Planned Unit Development; and WHEREAS, the proposed overhanging structure will extend approximately 10 feet seaward of the adopted CCSL and platted Coastal Development Limit Line; 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 Growth 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-2001-2 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), Bureau of Beaches and Coastal Systems and an approved FDEP permit shall be obtained. Copies of this permit must be provided to County staff, prior to issuance ora 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 - October 31, sea turtle nesting season, without first submitting and obtaining all necessary FDEP permits and Collier County Construction in Sea Turtle Nesting Area Permits. The petitioner shall notify Planning Services Staff one week prior to commencing work seaward of the CSSL 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, or platted Coastal Development Limit Line. The petitioner shall re-vegetate the dune where the dune is devoid of coastal dune vegetation. A planting plan shall be approved by Planning Services Staff, and re- vegetation shall be completed, prior to the issuance of a Certificate of Occupancy. - AGENDA IT~l~M ~n ~_ 00T 0 The petitioner shall remove all exotic vegetation from the subject property in accordance with Subsection 3.9.6.6 of the Collier County Land Development Code. Minor revisions to Coastal Construction Setback Line Variance CCSL-2001-2 (including changes in siting and structures) may be approved, in writing, by the Planning Services Director or his/her designee. Be it Resolved that this Resolution, relating to Petition Number 2001-2, be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote favoring same. Done this day of ,2001. DATE: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES D. CARTER, Ph.D., Chairman DEPUTY CLERK Approved as to Form and Legal Sufficiency: Marforit~I. Studdni -- Assistant County Attorney AGENqA~JTE~ OCT 0 9 2001 ~® · ® NORTH ELEVATION RECKMEYER RESIDENCE 2/5/o~ 3/~7/o~ OCT 0 9 2001